HB 7215

1
A bill to be entitled
2An act relating to the Department of Agriculture and
3Consumer Services; amending s. 14.24, F.S.; deleting
4provisions requiring the reimbursement of members of the
5Florida Commission on the Status of Women for per diem and
6travel expenses; amending s. 20.14, F.S.; deleting a
7provision establishing the Division of Dairy within the
8department; amending s. 215.981, F.S.; exempting certain
9direct-support organizations and citizen support
10organizations for the department from obtaining an
11independent audit; requiring the department to establish
12accounting and financial management guidelines for such
13organizations and annually review the operations and
14finances of a selected number of such organizations;
15amending s. 253.02, F.S.; providing for the grantee of
16easements for electrical transmission to pay the lead
17manager of the state-owned lands or, when there is no lead
18manager, the Department of Environmental Protection if
19suitable replacement uplands cannot be identified;
20amending s. 261.04, F.S.; deleting provisions requiring
21the reimbursement of members of the Off-Highway Vehicle
22Recreation Advisory Committee for per diem and travel
23expenses; amending s. 472.007, F.S.; deleting provisions
24requiring compensation of members and former members of
25the Board of Professional Surveyors and Mappers for
26performing certain duties and reimbursement of members for
27per diem and travel expenses; amending s. 482.051, F.S.;
28providing additional methods for pest control licensees to
29give certain emergency notice to the Department of
30Agriculture and Consumer Services before performing
31general fumigation; amending s. 482.071, F.S.; revising
32the minimum bodily injury and property damage insurance
33coverage required for pest control businesses; creating s.
34482.072, F.S.; providing for licensure by the department
35of pest control customer contact centers; providing
36application requirements; providing for fees, licensure
37renewal, licensure expiration, transfer of licenses, and
38penalties; creating s. 482.157, F.S.; providing for
39limited certification of commercial wildlife trappers;
40providing requirements for certification, examination, and
41fees; limiting the scope of work permitted by
42certificateholders; clarifying that licensees who practice
43accepted pest control methods are immune from liability
44for violating laws prohibiting cruelty to animals;
45providing for applicability; amending s. 482.226, F.S.;
46revising the minimum financial responsibility requirements
47for licensees that perform wood-destroying organism
48inspections; amending s. 482.243, F.S.; deleting
49provisions relating to the reimbursement of members of the
50Pest Control Enforcement Advisory Council for expenses;
51amending s. 487.041, F.S.; providing that registration,
52supplemental, and late fees related to the registration of
53pesticide brands with the department are nonrefundable;
54providing requirements for label revisions of pesticide
55brands; providing requirements for label revisions that
56must be reviewed by the United States Environmental
57Protection Agency; requiring payments of pesticide
58registration fees to be submitted electronically by a date
59certain; amending s. 487.0615, F.S.; deleting provisions
60requiring the reimbursement of members of the Pesticide
61Review Council for per diem and travel expenses; amending
62s. 500.70, F.S.; requiring certain persons who produce,
63harvest, pack, or repack tomatoes to register each
64location of a tomato farm, tomato greenhouse, tomato
65packinghouse, or tomato repacker by a specified date;
66authorizing the department to set a registration fee;
67requiring that funds collected be deposited into the
68General Inspection Trust Fund; amending ss. 527.22 and
69559.9221, F.S.; deleting provisions authorizing the
70reimbursement of members of the Florida Propane Gas
71Education, Safety, and Research Council and the Motor
72Vehicle Repair Advisory Council for per diem and travel
73expenses; amending s. 570.07, F.S.; revising the powers
74and duties of the department relating to pollution control
75and the prevention of wildfires; amending s. 570.0705,
76F.S.; deleting provisions requiring the reimbursement for
77per diem and travel expenses of members of certain ad hoc
78advisory committees appointed by the Commissioner of
79Agriculture; amending s. 570.074, F.S.; renaming the
80Office of Water Coordination and revising its policy
81jurisdiction; amending s. 570.18, F.S., to conform;
82amending s. 570.23, F.S.; deleting provisions requiring
83the reimbursement of members of the State Agricultural
84Advisory Council for per diem and travel expenses;
85amending s. 570.29, F.S.; deleting a provision
86establishing the Division of Dairy Industry within the
87department; amending ss. 570.38 and 570.382, F.S.;
88deleting provisions requiring the reimbursement of members
89of the Animal Industry Technical Council and the Arabian
90Horse Council for per diem and travel expenses; repealing
91ss. 570.40 and 570.41, F.S., relating to the powers and
92duties of the Division of Dairy within the department and
93the qualifications and duties of the division's director;
94amending s. 570.42, F.S.; deleting provisions requiring
95the reimbursement of members of the Dairy Industry
96Technical Council for per diem and travel expenses;
97amending s. 570.50, F.S.; requiring the Division of Food
98Safety within the department to inspect certain dairy
99farms and plants, perform certain analyses and tests, and
100enforce certain rules and provisions of law; amending s.
101570.543, F.S.; deleting provisions requiring the
102reimbursement of members of the Florida Consumers' Council
103for per diem and travel expenses; amending s. 570.954,
104F.S.; removing the requirement that the department
105coordinate with and solicit the expertise of the state
106energy office when developing the farm-to-fuel initiative;
107amending ss. 571.28, 573.112, 576.091, 580.151, 581.186,
108and 586.161, F.S.; deleting provisions requiring the
109reimbursement of members of the Florida Agricultural
110Promotional Campaign Advisory Council, certain ad hoc
111advisory councils appointed to advise the department
112concerning the issuance of marketing orders, the
113Fertilizer Technical Council, the Commercial Feed
114Technical Council, the Endangered Plant Advisory Council,
115and the Honeybee Technical Council for per diem and travel
116expenses; amending s. 590.015, F.S.; revising and
117providing definitions for purposes of forest protection;
118amending s. 590.02, F.S.; authorizing forest operations
119administrators to be certified as forestry firefighters;
120providing the status of Selected Exempt Service to an
121aviation manager and the Division of Forestry's training
122coordinator; granting the department certain exclusive
123authority over the Florida Building Code; authorizing the
124department to retain, transfer, warehouse, bid, destroy,
125scrap, or dispose of certain surplus equipment and
126vehicles; authorizing the department to retain any moneys
127received from the disposition of certain state-owned
128equipment and vehicles; providing that moneys received may
129be used for the acquisition of certain exchange and
130surplus equipment and all necessary operating expenditures
131related to the equipment; requiring the department to
132maintain records of the accounts into which the money is
133deposited; granting the department exclusive authority to
134require and issue authorizations for broadcast burning,
135agricultural pile burning, and silvicultural pile burning;
136preempting other governmental entities from adopting laws,
137regulations, rules, or policies pertaining to broadcast
138burning, agricultural pile burning, or silvicultural pile
139burning unless an emergency order has been declared;
140authorizing the department to delegate its authority to a
141county or municipality to issue authorizations for the
142burning of yard trash and debris from land-clearing
143operations; amending s. 590.125, F.S.; revising and
144providing definitions relating to open burning
145authorizations; specifying purposes of certified
146prescribed burning; requiring the division's authorization
147for certified pile burning; providing pile burning
148requirements; limiting the liability of property owners or
149agents engaged in pile burning; providing for the
150certification of pile burners; providing penalties for
151violations by certified pile burners; requiring the
152division to adopt rules to regulate certified pile
153burning; revising notice requirements for wildfire hazard
154reduction treatments; requiring division approval of local
155government open burning authorization programs; providing
156program requirements; authorizing the division to resume
157administration of a local government's program under
158certain circumstances; providing penalties for violations
159of local government open burning requirements; amending s.
160590.14, F.S.; authorizing a division employee to issue a
161notice of violation for any division rule; authorizing the
162division to impose an administrative fine for a violation
163of any division rule; providing penalties for certain
164violations; providing legislative intent; amending ss.
165597.005 and 599.002, F.S.; deleting provisions requiring
166the reimbursement of members of the Aquaculture Review
167Council and the Viticulture Advisory Council for per diem
168and travel expenses; amending s. 616.252, F.S.; providing
169for the appointment and term of a nonvoting youth member
170of the Florida State Fair Authority; deleting provisions
171requiring staggered terms; prohibiting the reimbursement
172of members of the Florida State Fair Authority for per
173diem and travel expenses; excluding the youth member from
174compensation for special or full-time service performed on
175behalf of the authority; amending s. 812.014, F.S.;
176providing penalties for the theft of bee colonies of
177registered beekeepers; amending s. 812.015, F.S.;
178redefining the term "farmer" to include a person who grows
179or produces honey; redefining the term "farm theft" to
180include the unlawful taking possession of equipment and
181associated materials used to grow or produce certain farm
182products; providing an effective date.
183
184Be It Enacted by the Legislature of the State of Florida:
185
186     Section 1.  Subsection (3) of section 14.24, Florida
187Statutes, is amended to read:
188     14.24  Florida Commission on the Status of Women.-
189     (3)  Members of the commission shall serve without
190compensation, but shall be reimbursed for per diem and travel
191expenses in accordance with s. 112.061.
192     Section 2.  Paragraphs (g) through (m) of subsection (2) of
193section 20.14, Florida Statutes, are redesignated as paragraphs
194(f) through (l), respectively, and present paragraph (f) of that
195subsection is amended to read:
196     20.14  Department of Agriculture and Consumer Services.-
197There is created a Department of Agriculture and Consumer
198Services.
199     (2)  The following divisions of the Department of
200Agriculture and Consumer Services are established:
201     (f)  Dairy Industry.
202     Section 3.  Subsection (2) of section 215.981, Florida
203Statutes, is amended to read:
204     215.981  Audits of state agency direct-support
205organizations and citizen support organizations.-
206     (2)  Notwithstanding the provisions of subsection (1),
207direct-support organizations and citizen support organizations
208for the Department of Environmental Protection or direct-support
209organizations and citizen support organizations for the
210Department of Agriculture and Consumer Services that are not for
211profit and that have annual expenditures of less than $300,000
212are not required to have an independent audit. The respective
213department shall establish accounting and financial management
214guidelines for those organizations under its the department's
215jurisdiction. Each year, the respective department shall conduct
216operational and financial reviews of a selected number of
217direct-support organizations or citizen support organizations
218that which fall below the audit threshold established in this
219subsection.
220     Section 4.  Paragraph (b) of subsection (2) of section
221253.02, Florida Statutes, is amended to read:
222     253.02  Board of trustees; powers and duties.-
223     (2)
224     (b)  The authority of the board of trustees to grant
225easements for rights-of-way over, across, and upon uplands the
226title to which is vested in the board of trustees for the
227construction and operation of electric transmission and
228distribution facilities and related appurtenances is hereby
229confirmed. The board of trustees may delegate to the Secretary
230of Environmental Protection the authority to grant such
231easements on its behalf. All easements for rights-of-way over,
232across, and upon uplands the title to which is vested in the
233board of trustees for the construction and operation of electric
234transmission and distribution facilities and related
235appurtenances which are approved by the Secretary of
236Environmental Protection pursuant to the authority delegated by
237the board of trustees shall meet the following criteria:
238     1.  Such easements shall not prevent the use of the state-
239owned uplands adjacent to the easement area for the purposes for
240which such lands were acquired and shall not unreasonably
241diminish the ecological, conservation, or recreational values of
242the state-owned uplands adjacent to the easement area.
243     2.  There is no practical and prudent alternative to
244locating the linear facility and related appurtenances on state-
245owned upland. For purposes of this subparagraph, the test of
246practicality and prudence shall compare the social, economic,
247and environmental effects of the alternatives.
248     3.  Appropriate steps are taken to minimize the impacts to
249state-owned uplands. Such steps may include:
250     a.  Siting of facilities so as to reduce impacts and
251minimize fragmentation of the overall state-owned parcel;
252     b.  Avoiding significant wildlife habitat, wetlands, or
253other valuable natural resources to the maximum extent
254practicable; or
255     c.  Avoiding interference with active land management
256practices, such as prescribed burning.
257     4.  Except for easements granted as a part of a land
258exchange to accomplish a recreational or conservation benefit or
259other public purpose, in exchange for such easements, the
260grantee pays an amount equal to the market value of the interest
261acquired. In addition, for the initial grant of such easements
262only, the grantee shall provide additional compensation by
263vesting in the board of trustees fee simple title to other
264available uplands that are 1.5 times the size of the easement
265acquired by the grantee. The Secretary of Environmental
266Protection shall approve the property to be acquired on behalf
267of the board of trustees based on the geographic location in
268relation to the land proposed to be under easement and a
269determination that economic, ecological, and recreational value
270is at least equivalent to the value of the lands under proposed
271easement. Priority for replacement uplands shall be given to
272parcels identified as inholdings and additions to public lands
273and lands on a Florida Forever land acquisition list. However,
274if suitable replacement uplands cannot be identified, the
275grantee shall provide additional compensation for the initial
276grant of such easements only by paying to the lead manager of
277the state-owned lands or, when there is no lead manager, by
278paying to the department an amount equal to two times the
279current market value of the state-owned land or the highest and
280best use value at the time of purchase, whichever is greater.
281When determining such use of funds, priority shall be given to
282parcels identified as inholdings and additions to public lands
283and lands on a Florida Forever land acquisition list.
284     Section 5.  Subsection (5) of section 261.04, Florida
285Statutes, is amended to read:
286     261.04  Off-Highway Vehicle Recreation Advisory Committee;
287members; appointment.-
288     (5)  The members of the advisory committee shall serve
289without compensation, but shall be reimbursed for travel and per
290diem expenses as provided in s. 112.061, while in the
291performance of their official duties.
292     Section 6.  Subsections (6) and (7) of section 472.007,
293Florida Statutes, are renumbered as subsections (5) and (6),
294respectively, and present subsection (5) of that section is
295amended to read:
296     472.007  Board of Professional Surveyors and Mappers.-There
297is created in the Department of Agriculture and Consumer
298Services the Board of Professional Surveyors and Mappers.
299     (5)  Unless otherwise provided by law, a board member or
300former board member serving on a probable cause panel must be
301compensated $50 for each day in attendance at an official
302meeting of the board and for each day participating in any other
303business involving the board. The board shall adopt a rule
304defining the phrase "other business involving the board."
305However, the phrase may not routinely be defined to include
306telephone conference calls. A board member is also entitled to
307reimbursement for expenses pursuant to s. 112.061. Travel out of
308state requires the prior approval of the commissioner or the
309commissioner's designee.
310     Section 7.  Subsection (4) of section 482.051, Florida
311Statutes, is amended to read:
312     482.051  Rules.-The department has authority to adopt rules
313pursuant to ss. 120.536(1) and 120.54 to implement the
314provisions of this chapter. Prior to proposing the adoption of a
315rule, the department shall counsel with members of the pest
316control industry concerning the proposed rule. The department
317shall adopt rules for the protection of the health, safety, and
318welfare of pest control employees and the general public which
319require:
320     (4)  That a licensee, before performing general fumigation,
321notify in writing the department inspector having jurisdiction
322over the location where the fumigation is to be performed, which
323notice must be received by the department inspector at least 24
324hours before in advance of the fumigation and must contain such
325information as the department requires. However, in an authentic
326and verifiable emergency, when 24 hours' advance notice
327notification is not possible, advance notice may be given by
328telephone, facsimile, or any form of acceptable electronic
329communication, telegraph notice may be given; but such notice
330must be immediately followed by written confirmation providing
331the required information.
332     Section 8.  Subsection (4) of section 482.071, Florida
333Statutes, is amended to read:
334     482.071  Licenses.-
335     (4)  A licensee may not operate a pest control business
336without carrying the required insurance coverage. Each person
337making application for a pest control business license or
338renewal thereof must furnish to the department a certificate of
339insurance that meets the requirements for minimum financial
340responsibility for bodily injury and property damage consisting
341of:
342     (a)  Bodily injury: $250,000 per $100,000 each person and
343$500,000 per $300,000 each occurrence; and property damage:
344$250,000 per $50,000 each occurrence and $500,000 $100,000 in
345the aggregate; or
346     (b)  Combined single-limit coverage: $500,000 $400,000 in
347the aggregate.
348     Section 9.  Section 482.072, Florida Statutes, is created
349to read:
350     482.072  Pest control customer contact centers.-
351     (1)  The department may issue a license to a qualified
352business to operate a customer contact center, to solicit pest
353control business, or to provide services to customers for one or
354more business locations licensed under s. 482.071. A person may
355not operate a customer contact center for a pest control
356business that is not licensed by the department.
357     (2)(a)  Before operating a customer contact center, and
358biennially thereafter, on or before an anniversary date set by
359the department for a licensed customer contact center location,
360the pest control business must apply to the department for a
361license under this chapter, or a renewal thereof, for each
362customer contact center location. An application must be
363submitted in the format prescribed by the department.
364     (b)  The department shall establish a fee of at least $600,
365but not more than $1,000, for the issuance of a customer contact
366center license and a fee of at least $600, but not more than
367$1,000, for renewal of a customer contact center license.
368However, until rules for renewal fees are adopted, the initial
369licensing fee and renewal fee are each $600. The department
370shall establish a grace period, not to exceed 30 calendar days
371after the license's anniversary renewal date, and shall assess a
372late fee of $150, in addition to the renewal fee, for a license
373that is renewed after the grace period.
374     (c)  A license automatically expires 60 calendar days after
375the anniversary renewal date unless the license is renewed
376before that date. When a license expires, it may be reinstated
377only upon reapplication and payment of the license renewal fee
378and a late renewal fee.
379     (d)  A license automatically expires if a licensee changes
380the business address of its customer contact center location.
381The department shall issue a new license upon payment of a $250
382fee. The new license automatically expires 60 calendar days
383after the anniversary renewal date of the former license unless
384the license is renewed before that date.
385     (e)  The department may not issue or renew a license to
386operate a customer contact center unless the pest control
387business licensees for which the customer contact center
388solicits business are owned in common by a person or business
389entity recognized by this state.
390     (f)  The department may deny a license or refuse to renew a
391license if the applicant or licensee, or one or more of the
392applicant's or licensee's directors, officers, owners, or
393general partners, are or have been directors, officers, owners,
394or general partners of a pest control business that meets the
395conditions in s. 482.071(2)(g).
396     (g)  Sections 482.091 and 482.152 do not apply to a person
397who solicits pest control services or provides customer service
398in a licensed customer contact center unless the person performs
399pest control as defined in s. 482.021(22)(a)-(d), executes a
400pest control contract, or accepts remuneration for such work.
401     (h)  Section 482.071(2)(e) does not apply to a license
402issued under this section.
403     (3)(a)  The department shall adopt rules establishing
404requirements and procedures for customer contact center
405recordkeeping and monitoring to ensure compliance with this
406section and rules adopted in accordance with this section.
407     (b)  Notwithstanding any other provision of this section:
408     1.  A customer contact center licensee is subject to
409disciplinary action under s. 482.161 for a violation of this
410section or a rule adopted under this section committed by a
411person who solicits pest control services or provides customer
412service in a customer contact center.
413     2.  A pest control business licensee may be subject to
414disciplinary action under s. 482.161 for a violation of this
415section or a rule adopted under this section committed by a
416person who solicits pest control services or provides customer
417service in a customer contact center operated by a licensee if
418the licensee participates in the violation.
419     Section 10.  Section 482.157, Florida Statutes, is created
420to read:
421     482.157  Limited certification for commercial wildlife
422management personnel.-
423     (1)  The department shall establish a limited certificate
424that authorizes a person who engages in the commercial trapping
425of wildlife to use nonchemical methods, including traps, glue
426boards, mechanical or electronic devices, and exclusionary
427techniques to control rodents as defined in s. 482.021(24).
428     (2)  The department shall issue a limited certificate to an
429applicant who:
430     (a)  Submits an application and examination fee of at least
431$150, but not more than $300, as prescribed by the department by
432rule;
433     (b)  Passes an examination administered by the department.
434The department shall provide the appropriate study materials for
435the examination and make the examination readily available to
436applicants in each county as necessary, but not less frequently
437than quarterly; and
438     (c)  Provides proof, including a certificate of insurance,
439that the applicant has met the minimum bodily injury and
440property damage insurance requirements in s. 482.071(4).
441     (3)  An application for recertification must be made
442annually and be accompanied by a recertification fee of at least
443$75, but not more than $150, as prescribed by the department by
444rule. The application must also be accompanied by proof of
445completion of the required 4 classroom hours of acceptable
446continuing education and the required proof of insurance. After
447a grace period not exceeding 30 calendar days after the
448recertification renewal date, the department shall assess a late
449fee of $50 in addition to the renewal fee. A certificate
450automatically expires 180 days after the recertification date if
451the renewal fee has not been paid. After expiration, the
452department shall issue a new certificate only if the applicant
453successfully passes a reexamination and pays the examination fee
454and late fee.
455     (4)  Certification under this section does not authorize:
456     (a)  The use of pesticides or chemical substances, other
457than adhesive materials, to control rodents or other nuisance
458wildlife in, on, or under structures;
459     (b)  Operation of a pest control business; or
460     (c)  Supervision of an uncertified person using nonchemical
461methods to control rodents.
462     (5)  A person who is licensed under this chapter and
463practices accepted methods of pest control is immune from
464liability under s. 828.12.
465     (6)  This chapter does not exempt a person from the rules,
466regulations, or orders of the Fish and Wildlife Conservation
467Commission.
468     Section 11.  Subsection (6) of section 482.226, Florida
469Statutes, is amended to read:
470     482.226  Wood-destroying organism inspection report; notice
471of inspection or treatment; financial responsibility.-
472     (6)  Any licensee that performs wood-destroying organism
473inspections in accordance with subsection (1) must meet minimum
474financial responsibility in the form of errors and omissions
475(professional liability) insurance coverage or bond in an amount
476no less than $500,000 $50,000 in the aggregate and $250,000
477$25,000 per occurrence, or demonstrate that the licensee has
478equity or net worth of no less than $500,000 $100,000 as
479determined by generally accepted accounting principles
480substantiated by a certified public accountant's review or
481certified audit. The licensee must show proof of meeting this
482requirement at the time of license application or renewal
483thereof.
484     Section 12.  Subsection (6) of section 482.243, Florida
485Statutes, is amended to read:
486     482.243  Pest Control Enforcement Advisory Council.-
487     (6)  The meetings, powers and duties, procedures, and
488recordkeeping, and reimbursement of expenses of members of the
489council shall be in accordance with the provisions of s.
490570.0705 relating to advisory committees established within the
491department.
492     Section 13.  Paragraph (a) of subsection (1) of section
493487.041, Florida Statutes, is amended, and paragraphs (h), (i),
494and (j) are added to that subsection, to read:
495     487.041  Registration.-
496     (1)(a)  Effective January 1, 2009, each brand of pesticide,
497as defined in s. 487.021, which is distributed, sold, or offered
498for sale, except as provided in this section, within this state
499or delivered for transportation or transported in intrastate
500commerce or between points within this state through any point
501outside this state must be registered in the office of the
502department, and such registration shall be renewed biennially.
503Emergency exemptions from registration may be authorized in
504accordance with the rules of the department. The registrant
505shall file with the department a statement including:
506     1.  The name, business mailing address, and street address
507of the registrant.
508     2.  The name of the brand of pesticide.
509     3.  An ingredient statement and a complete current copy of
510the labeling accompanying the brand of the pesticide, which must
511conform to the registration, and a statement of all claims to be
512made for it, including directions for use and a guaranteed
513analysis showing the names and percentages by weight of each
514active ingredient, the total percentage of inert ingredients,
515and the names and percentages by weight of each "added
516ingredient."
517     (h)  All registration fees, including supplemental fees and
518late fees, are nonrefundable.
519     (i)  For any currently registered pesticide product brand
520that undergoes labeling revisions during the registration
521period, the registrant shall submit to the department a copy of
522the revised labeling along with a cover letter detailing such
523revisions before the sale or distribution in this state of the
524product brand with the revised labeling. If the labeling
525revisions require notification of an amendment review by the
526United States Environmental Protection Agency, the registrant
527shall submit an additional copy of the labeling marked to
528identify those revisions.
529     (j)  Effective January 1, 2013, all payments of any
530pesticide registration fees, including supplemental fees and
531late fees, shall be submitted electronically using the
532department's Internet website for registration of pesticide
533product brands.
534     Section 14.  Subsection (5) of section 487.0615, Florida
535Statutes, is amended to read:
536     487.0615  Pesticide Review Council.-
537     (5)  Members of the council shall receive no compensation
538for their services, but are entitled to be reimbursed for per
539diem and travel expenses as provided in s. 112.061.
540     Section 15.  Subsection (6) of section 500.70, Florida
541Statutes, is renumbered as subsection (7), and a new subsection
542(6) is added to that section to read:
543     500.70  Tomato food safety standards; inspections;
544penalties; tomato good agricultural practices; tomato best
545management practices.-
546     (6)  Any person who produces, harvests, packs, or repacks
547tomatoes in this state and does not hold a food permit issued
548under s. 500.12 shall annually register each location of a
549tomato farm, tomato greenhouse, tomato packinghouse, or tomato
550repacker by August 1 on a form prescribed by the department. Any
551person who produces, harvests, packs, or repacks tomatoes at
552more than one location may submit one registration for all such
553locations but must provide the physical address of each
554location. The department may set by rule an annual registration
555fee not to exceed $500. Moneys collected pursuant to this
556subsection shall be deposited into the General Inspection Trust
557Fund.
558     Section 16.  Subsection (5) of section 527.22, Florida
559Statutes, is amended to read:
560     527.22  Florida Propane Gas Education, Safety, and Research
561Council established; membership; duties and responsibilities.-
562     (5)  Council members shall receive no compensation or
563honorarium for their services, and are authorized to receive
564only per diem and reimbursement for travel expenses as provided
565in s. 112.061.
566     Section 17.  Subsection (3) of section 559.9221, Florida
567Statutes, is amended to read:
568     559.9221  Motor Vehicle Repair Advisory Council.-The Motor
569Vehicle Repair Advisory Council is created to advise and assist
570the department in carrying out this part.
571     (3)  The members of the council shall receive no
572compensation for their services, except that they may receive
573per diem and travel expenses as provided in s. 112.061.
574     Section 18.  Subsection (28) of section 570.07, Florida
575Statutes, is amended to read:
576     570.07  Department of Agriculture and Consumer Services;
577functions, powers, and duties.-The department shall have and
578exercise the following functions, powers, and duties:
579     (28)  For purposes of pollution control and the prevention
580of wildfires purposes, to regulate open burning connected with
581rural land-clearing, agricultural, or forestry operations,
582except fires for cold or frost protection.
583     Section 19.  Subsection (9) of section 570.0705, Florida
584Statutes, is amended to read:
585     570.0705  Advisory committees.-From time to time the
586commissioner may appoint any advisory committee to assist the
587department with its duties and responsibilities.
588     (9)  Members of each advisory committee shall receive no
589compensation for their services, but shall be entitled to
590reimbursement for per diem and travel expenses as provided in s.
591112.061.
592     Section 20.  Section 570.074, Florida Statutes, is amended
593to read:
594     570.074  Department of Agriculture and Consumer Services;
595energy and water policy coordination.-The commissioner may
596create an Office of Energy and Water Coordination under the
597supervision of a senior manager exempt under s. 110.205 in the
598Senior Management Service. The commissioner may designate the
599bureaus and positions in the various organizational divisions of
600the department that report to this office relating to any matter
601over which the department has jurisdiction in matters relating
602to energy and water policy affecting agriculture, application of
603such policies, and coordination of such matters with state and
604federal agencies.
605     Section 21.  Section 570.18, Florida Statutes, is amended
606to read:
607     570.18  Organization of departmental work.-In the
608assignment of functions to the 12 divisions of the department
609created in s. 570.29, the department shall retain within the
610Division of Administration, in addition to executive functions,
611those powers and duties enumerated in s. 570.30. The department
612shall organize the work of the other 11 divisions in such a way
613as to secure maximum efficiency in the conduct of the
614department. The divisions created in s. 570.29 are solely to
615make possible the definite placing of responsibility. The
616department shall be conducted as a unit in which every employee,
617including each division director, is assigned a definite
618workload, and there shall exist between division directors a
619spirit of cooperative effort to accomplish the work of the
620department.
621     Section 22.  Subsection (2) of section 570.23, Florida
622Statutes, is amended to read:
623     570.23  State Agricultural Advisory Council.-
624     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
625COMPENSATION.-The meetings, powers and duties, procedures, and
626recordkeeping of the State Agricultural Advisory Council, and
627per diem and reimbursement of expenses of council members, shall
628be governed by the provisions of s. 570.0705 relating to
629advisory committees established within the department.
630     Section 23.  Subsections (7) through (12) of section
631570.29, Florida Statutes, are renumbered as subsections (6)
632through (11), respectively, and present subsection (6) is
633amended to read:
634     570.29  Departmental divisions.-The department shall
635include the following divisions:
636     (6)  Dairy Industry.
637     Section 24.  Subsection (2) of section 570.38, Florida
638Statutes, is amended to read:
639     570.38  Animal Industry Technical Council.-
640     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
641COMPENSATION.-The meetings, powers and duties, procedures, and
642recordkeeping of the Animal Industry Technical Council, and per
643diem and reimbursement of expenses of council members, shall be
644governed by the provisions of s. 570.0705 relating to advisory
645committees established within the department.
646     Section 25.  Paragraph (d) of subsection (3) of section
647570.382, Florida Statutes, is amended to read:
648     570.382  Arabian horse racing; breeders' and stallion
649awards; Arabian Horse Council; horse registration fees; Florida
650Arabian Horse Racing Promotion Account.-
651     (3)  ARABIAN HORSE COUNCIL.-
652     (d)  Members of the council shall receive no compensation
653for their services, except that they shall receive per diem and
654travel expenses as provided in s. 112.061 when actually engaged
655in the business of the council.
656     Section 26.  Sections 570.40 and 570.41, Florida Statutes,
657are repealed.
658     Section 27.  Subsection (2) of section 570.42, Florida
659Statutes, is amended to read:
660     570.42  Dairy Industry Technical Council.-
661     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
662COMPENSATION.-The meetings, powers and duties, procedures, and
663recordkeeping of the Dairy Industry Technical Council, and per
664diem and reimbursement of expenses of council members, shall be
665governed by the provisions of s. 570.0705 relating to advisory
666committees established within the department.
667     Section 28.  Subsections (6) and (7) are added to section
668570.50, Florida Statutes, to read:
669     570.50  Division of Food Safety; powers and duties.-The
670duties of the Division of Food Safety include, but are not
671limited to:
672     (6)  Inspecting dairy farms of the state, enforcing those
673provisions of chapter 502 that are authorized by the department
674and related to the supervision of milking operations, and
675enforcing rules adopted under such provisions.
676     (7)  Inspecting milk plants, milk product plants, and
677plants engaged in the manufacture and distribution of frozen
678desserts and frozen dessert mixes; analyzing and testing samples
679of milk, milk products, frozen desserts, and frozen dessert
680mixes collected by the division; and enforcing those provisions
681of chapters 502 and 503 that are authorized by the department.
682     Section 29.  Subsection (2) of section 570.543, Florida
683Statutes, is amended to read:
684     570.543  Florida Consumers' Council.-The Florida Consumers'
685Council in the department is created to advise and assist the
686department in carrying out its duties.
687     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
688COMPENSATION.-The meetings, powers and duties, procedures, and
689recordkeeping of the Florida Consumers' Council, and per diem
690and reimbursement of expenses of council members, shall be
691governed by the provisions of s. 570.0705 relating to advisory
692committees established within the department. The council
693members or chair may call no more than two meetings.
694     Section 30.  Subsection (3) of section 570.954, Florida
695Statutes, is amended to read:
696     570.954  Farm-to-fuel initiative.-
697     (3)  The department shall coordinate with and solicit the
698expertise of the state energy office within the Department of
699Environmental Protection when developing and implementing this
700initiative.
701     Section 31.  Subsection (2) of section 571.28, Florida
702Statutes, is amended to read:
703     571.28  Florida Agricultural Promotional Campaign Advisory
704Council.-
705     (2)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
706COMPENSATION.-The meetings, powers and duties, procedures, and
707recordkeeping of the Florida Agricultural Promotional Campaign
708Advisory Council, and per diem and reimbursement of expenses of
709council members, shall be governed by the provisions of s.
710570.0705 relating to advisory committees established within the
711department.
712     Section 32.  Subsection (6) of section 573.112, Florida
713Statutes, is amended to read:
714     573.112  Advisory council.-
715     (6)  No member or alternate member of the council shall
716receive a salary, but shall be reimbursed for travel expenses
717while on council business as provided in s. 112.061. The
718department may employ necessary personnel, including
719professional and technical services personnel, and fix their
720compensation and terms of employment and may incur expenses to
721be paid from moneys collected as herein provided.
722     Section 33.  Subsection (3) of section 576.091, Florida
723Statutes, is amended to read:
724     576.091  Fertilizer Technical Council.-
725     (3)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
726REIMBURSEMENTS.-The meetings, powers and duties, procedures, and
727recordkeeping, and reimbursement of expenses of members and
728alternate members of the council shall be in accordance with the
729provisions of s. 570.0705 relating to advisory committees
730established within the department.
731     Section 34.  Subsection (2) of section 580.151, Florida
732Statutes, is amended to read:
733     580.151  Commercial Feed Technical Council.-
734     (2)  POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.-
735The meetings, powers and duties, procedures, and recordkeeping
736of the Commercial Feed Technical Council, and per diem and
737reimbursement of expenses of council members, shall be governed
738by the provisions of s. 570.0705 relating to advisory committees
739established within the department.
740     Section 35.  Subsection (2) of section 581.186, Florida
741Statutes, is amended to read:
742     581.186  Endangered Plant Advisory Council; organization;
743meetings; powers and duties.-
744     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
745COMPENSATION.-The meetings, powers and duties, procedures, and
746recordkeeping of the Endangered Plant Advisory Council, and per
747diem and reimbursement of expenses of council members, shall be
748governed by the provisions of s. 570.0705 relating to advisory
749committees established within the department.
750     Section 36.  Subsection (3) of section 586.161, Florida
751Statutes, is amended to read:
752     586.161  Honeybee Technical Council.-
753     (3)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
754COMPENSATION.-The meetings, powers and duties, procedures, and
755recordkeeping of the Honeybee Technical Council, and per diem
756and reimbursement of expenses of council members, shall be
757governed by the provisions of s. 570.0705 relating to advisory
758committees established within the department.
759     Section 37.  Section 590.015, Florida Statutes, is amended
760to read:
761     590.015  Definitions.-As used in this chapter, the term:
762     (1)  "Broadcast burning" means the burning of agricultural
763or natural vegetation by allowing fire to move across a
764predetermined area of land. The term does not include the
765burning of vegetative debris that is piled or stacked.
766     (2)(1)  "Division" means the Division of Forestry of the
767Department of Agriculture and Consumer Services.
768     (3)(2)  "Fire management services" means presuppression
769fireline plowing, prescribed burning assistance, contract
770prescribed burning, prescribed and wildfire management training,
771and other activities associated with prevention, detection, and
772suppression of wildfires.
773     (4)(3)  "Fuel reduction" means the application of
774techniques that reduce vegetative fuels, and may include
775prescribed burning, manual and mechanical clearing, and the use
776of herbicides.
777     (5)  "Open burning" means any outdoor fire or open
778combustion of material that produces visible emissions.
779     (6)(4)  "Wildfire" means any vegetative fire that threatens
780to destroy life, property, or natural resources.
781     (7)(5)  "Wild land" means any public or private managed or
782unmanaged forest, urban/interface, pasture or range land,
783recreation lands, or any other land at risk of wildfire.
784     Section 38.  Paragraph (d) of subsection (1) and subsection
785(4) of section 590.02, Florida Statutes, are amended, and
786subsections (9) and (10) are added to that section, to read:
787     590.02  Division powers, authority, and duties; liability;
788building structures; Florida Center for Wildfire and Forest
789Resources Management Training.-
790     (1)  The division has the following powers, authority, and
791duties:
792     (d)  To appoint center managers, forest area supervisors,
793forestry program administrators, a forest protection bureau
794chief, a forest protection assistant bureau chief, a field
795operations bureau chief, deputy chiefs of field operations,
796district managers, forest operations administrators, senior
797forest rangers, investigators, forest rangers, firefighter
798rotorcraft pilots, and other employees who may, at the
799division's discretion, be certified as forestry firefighters
800pursuant to s. 633.35(4). Other provisions of law
801notwithstanding, center managers, district managers, forest
802protection assistant bureau chief, aviation manager, the
803division's training coordinator, and deputy chiefs of field
804operations shall have Selected Exempt Service status in the
805state personnel designation;
806     (4)(a)  The department may build structures,
807notwithstanding chapters 216 and 255, not to exceed a cost of
808$50,000 per structure from existing resources on forest lands,
809federal excess property, and unneeded existing structures. These
810structures must meet all applicable building codes.
811     (b)  Notwithstanding s. 553.80(1), the department shall
812exclusively enforce the Florida Building Code as it pertains to
813wildfire and law enforcement facilities under the jurisdiction
814of the department.
815     (9)(a)  Notwithstanding ss. 273.055 and 287.16, the
816department may retain, transfer, warehouse, bid, destroy, scrap,
817or otherwise dispose of surplus equipment and vehicles that are
818used for wildland firefighting.
819     (b)  All money received from the disposition of state-owned
820equipment and vehicles that are used for wildland firefighting
821shall be retained by the department. Money received pursuant to
822this section is appropriated for and may be disbursed for the
823acquisition of exchange and surplus equipment used for wildland
824firefighting, and for all necessary operating expenditures
825related to such equipment, in the same fiscal year and the
826fiscal year following the disposition. The department shall
827maintain records of the accounts into which the money is
828deposited.
829     (10)(a)  The division has exclusive authority to require
830and issue authorizations for broadcast burning and agricultural
831and silvicultural pile burning. An agency, commission,
832department, county, municipality, or other political subdivision
833of the state may not adopt laws, regulations, rules, or policies
834pertaining to broadcast burning or agricultural and
835silvicultural pile burning unless an emergency order is declared
836in accordance with s. 252.38(3).
837     (b)  The division may delegate to a county or municipality
838its authority, as delegated by the Department of Environmental
839Protection pursuant to ss. 403.061(28) and 403.081, to require
840and issue authorizations for the burning of yard trash and
841debris from land clearing operations in accordance with s.
842590.125(6).
843     Section 39.  Section 590.125, Florida Statutes, is amended
844to read:
845     590.125  Open burning authorized by the division.-
846     (1)  DEFINITIONS.-As used in this section, the term:
847     (a)  "Certified pile burner" means an individual who
848successfully completes the division's pile burning certification
849program and possesses a valid pile burner certification number.
850"Prescribed burning" means the controlled application of fire in
851accordance with a written prescription for vegetative fuels
852under specified environmental conditions while following
853appropriate precautionary measures that ensure that the fire is
854confined to a predetermined area to accomplish the planned fire
855or land-management objectives.
856     (b)  "Certified prescribed burn manager" means an
857individual who successfully completes the certified prescribed
858burning certification program of the division and possesses a
859valid certification number.
860     (c)(d)  "Extinguished" means that no spreading flame for:
861     1.  Wildland Wild land burning or certified prescribed
862burning, and no spreading flames visible flame, smoke, or
863emissions for vegetative land-clearing debris burning, exist.
864     2.  Vegetative land-clearing debris burning or pile
865burning, no visible flames exist.
866     3.  Vegetative land-clearing debris burning or pile burning
867in an area designated as smoke sensitive by the division, no
868visible flames, smoke, or emissions exist.
869     (d)  "Land-clearing operation" means the uprooting or
870clearing of vegetation in connection with the construction of
871buildings and rights-of-way, land development, and mineral
872operations. The term does not include the clearing of yard
873trash.
874     (e)  "Pile burning" means the burning of silvicultural,
875agricultural, or land-clearing and tree-cutting debris
876originating onsite, which is stacked together in a round or
877linear fashion, including, but not limited to, a windrow.
878     (f)  "Prescribed burning" means the controlled application
879of fire by broadcast burning in accordance with a written
880prescription for vegetative fuels under specified environmental
881conditions, while following appropriate precautionary measures
882that ensure that the fire is confined to a predetermined area to
883accomplish the planned fire or land-management objectives.
884     (g)(c)  "Prescription" means a written plan establishing
885the criteria necessary for starting, controlling, and
886extinguishing a prescribed burn.
887     (h)  "Yard trash" means vegetative matter resulting from
888landscaping and yard maintenance operations and other such
889routine property cleanup activities. The term includes materials
890such as leaves, shrub trimmings, grass clippings, brush, and
891palm fronds.
892     (2)  NONCERTIFIED BURNING.-
893     (a)  Persons may be authorized to burn wild land or
894vegetative land-clearing debris in accordance with this
895subsection if:
896     1.  There is specific consent of the landowner or his or
897her designee;
898     2.  Authorization has been obtained from the division or
899its designated agent before starting the burn;
900     3.  There are adequate firebreaks at the burn site and
901sufficient personnel and firefighting equipment for the control
902of the fire;
903     4.  The fire remains within the boundary of the authorized
904area;
905     5.  An authorized person Someone is present at the burn
906site until the fire is extinguished;
907     6.  The division does not cancel the authorization; and
908     7.  The division determines that air quality and fire
909danger are favorable for safe burning.
910     (b)  A person who burns wild land or vegetative land-
911clearing debris in a manner that violates any requirement of
912this subsection commits a misdemeanor of the second degree,
913punishable as provided in s. 775.082 or s. 775.083.
914     (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
915PURPOSE.-
916     (a)  The application of prescribed burning is a land
917management tool that benefits the safety of the public, the
918environment, and the economy of the state. The Legislature finds
919that:
920     1.  Prescribed burning reduces vegetative fuels within wild
921land areas. Reduction of the fuel load reduces the risk and
922severity of wildfire, thereby reducing the threat of loss of
923life and property, particularly in urban areas.
924     2.  Most of Florida's natural communities require periodic
925fire for maintenance of their ecological integrity. Prescribed
926burning is essential to the perpetuation, restoration, and
927management of many plant and animal communities. Significant
928loss of the state's biological diversity will occur if fire is
929excluded from fire-dependent systems.
930     3.  Forestland and rangeland constitute significant
931economic, biological, and aesthetic resources of statewide
932importance. Prescribed burning on forestland prepares sites for
933reforestation, removes undesirable competing vegetation,
934expedites nutrient cycling, and controls or eliminates certain
935forest pathogens. On rangeland, prescribed burning improves the
936quality and quantity of herbaceous vegetation necessary for
937livestock production.
938     4.  The state purchased hundreds of thousands of acres of
939land for parks, preserves, wildlife management areas, forests,
940and other public purposes. The use of prescribed burning for
941management of public lands is essential to maintain the specific
942resource values for which these lands were acquired.
943     5.  A public education program is necessary to make
944citizens and visitors aware of the public safety, resource, and
945economic benefits of prescribed burning.
946     6.  Proper training in the use of prescribed burning is
947necessary to ensure maximum benefits and protection for the
948public.
949     7.  As Florida's population continues to grow, pressures
950from liability issues and nuisance complaints inhibit the use of
951prescribed burning. Therefore, the division is urged to maximize
952the opportunities for prescribed burning conducted during its
953daytime and nighttime authorization process.
954     (b)  Certified prescribed burning pertains only to
955broadcast burning for purposes of silviculture, wildland fire
956hazard reduction, wildlife management, ecological maintenance
957and restoration, and range and pasture management. It must be
958conducted in accordance with this subsection and:
959     1.  May be accomplished only when a certified prescribed
960burn manager is present on site with a copy of the prescription
961from ignition of the burn to its completion.
962     2.  Requires that a written prescription be prepared before
963receiving authorization to burn from the division.
964     3.  Requires that the specific consent of the landowner or
965his or her designee be obtained before requesting an
966authorization.
967     4.  Requires that an authorization to burn be obtained from
968the division before igniting the burn.
969     5.  Requires that there be adequate firebreaks at the burn
970site and sufficient personnel and firefighting equipment for the
971control of the fire.
972     6.  Is considered to be in the public interest and does not
973constitute a public or private nuisance when conducted under
974applicable state air pollution statutes and rules.
975     7.  Is considered to be a property right of the property
976owner if vegetative fuels are burned as required in this
977subsection.
978     (c)  Neither a property owner nor his or her agent is
979liable pursuant to s. 590.13 for damage or injury caused by the
980fire or resulting smoke or considered to be in violation of
981subsection (2) for burns conducted in accordance with this
982subsection unless gross negligence is proven.
983     (d)  Any certified burner who violates this section commits
984a misdemeanor of the second degree, punishable as provided in s.
985775.082 or s. 775.083.
986     (e)  The division shall adopt rules for the use of
987prescribed burning and for certifying and decertifying certified
988prescribed burn managers based on their past experience,
989training, and record of compliance with this section.
990     (4)  CERTIFIED PILE BURNING.-
991     (a)  Certified pile burning pertains to the disposal of
992piled, naturally occurring debris from an agricultural,
993silvicultural, or temporary land-clearing operation. A land-
994clearing operation is temporary if it operates for 6 months or
995less. Certified pile burning must be conducted in accordance
996with the following:
997     1.  A certified pile burner must ensure, before ignition,
998that the piles are properly placed and that the content of the
999piles is conducive to efficient burning.
1000     2.  A certified pile burner must ensure that the piles are
1001properly extinguished no later than 1 hour after sunset. If the
1002burn is conducted in an area designated by the division as smoke
1003sensitive, a certified pile burner must ensure that the piles
1004are properly extinguished at least 1 hour before sunset.
1005     3.  A written pile burning plan must be prepared before
1006receiving authorization from the division to burn.
1007     4.  The specific consent of the landowner or his or her
1008agent must be obtained before requesting authorization to burn.
1009     5.  An authorization to burn must be obtained from the
1010division or its designated agent before igniting the burn.
1011     6.  There must be adequate firebreaks and sufficient
1012personnel and firefighting equipment at the burn site to control
1013the fire.
1014     (b)  If a burn is conducted in accordance with paragraph
1015(a), the property owner and his or her agent are not liable
1016under s. 590.13 for damage or injury caused by the fire or
1017resulting smoke, and are not in violation of subsection (2),
1018unless gross negligence is proven.
1019     (c)  A certified pile burner who violates this subsection
1020commits a misdemeanor of the second degree, punishable as
1021provided in s. 775.082 or s. 775.083.
1022     (d)  The division shall adopt rules regulating certified
1023pile burning. The rules shall include procedures and criteria
1024for certifying and decertifying certified pile burn managers
1025based on past experience, training, and record of compliance
1026with this section.
1027     (5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1028DIVISION.-The division may conduct fuel reduction initiatives,
1029including, but not limited to, burning and mechanical and
1030chemical treatment, on any area of wild land within the state
1031which is reasonably determined to be in danger of wildfire in
1032accordance with the following procedures:
1033     (a)  Describe the areas that will receive fuels treatment
1034to the affected local governmental entity.
1035     (b)  Publish a treatment notice, including a description of
1036the area to be treated, in a conspicuous manner in at least one
1037newspaper of general circulation in the area of the treatment
1038not less than 10 days before the treatment.
1039     (c)  Prepare, and send the county tax collector shall
1040include with the annual tax statement, a notice to be sent to
1041all landowners in each area township designated by the division
1042as a wildfire hazard area. The notice must describe particularly
1043the area to be treated and the tentative date or dates of the
1044treatment and must list the reasons for and the expected
1045benefits from the wildfire hazard reduction.
1046     (d)  Consider any landowner objections to the fuels
1047treatment of his or her property. The landowner may apply to the
1048director of the division for a review of alternative methods of
1049fuel reduction on the property. If the director or his or her
1050designee does not resolve the landowner objection, the director
1051shall convene a panel made up of the local forestry unit
1052manager, the fire chief of the jurisdiction, and the affected
1053county or city manager, or any of their designees. If the
1054panel's recommendation is not acceptable to the landowner, the
1055landowner may request further consideration by the Commissioner
1056of Agriculture or his or her designee and shall thereafter be
1057entitled to an administrative hearing pursuant to the provisions
1058of chapter 120.
1059     (6)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1060AUTHORIZATION PROGRAMS.-
1061     (a)  A county or municipality may exercise the division's
1062authority, if delegated by the division under this subsection,
1063to issue authorizations for the burning of yard trash or debris
1064from land-clearing operations. A county's or municipality's
1065existing or proposed open burning authorization program must:
1066     1.  Be approved by the division. The division may not
1067approve a program if it fails to meet the requirements of
1068subsections (2) and (4) and any rules adopted under those
1069subsections.
1070     2.  Provide by ordinance or local law the requirements for
1071obtaining and performing a burn authorization that complies with
1072subsections (2) and (4) and any rules adopted under those
1073subsections.
1074     3.  Provide for the enforcement of the program's
1075requirements.
1076     4.  Provide financial, personnel, and other resources
1077needed to carry out the program.
1078     (b)  If the division determines that a county's or
1079municipality's open burning authorization program does not
1080comply with subsections (2) and (4) and any rules adopted under
1081those subsections, the division shall require the county or
1082municipality to take necessary corrective actions within 90 days
1083after receiving notice from the division of its determination.
1084     1.  If the county or municipality fails to take the
1085necessary corrective actions within the required period, the
1086division shall resume administration of the open burning
1087authorization program in the county or municipality and the
1088county or municipality shall cease administration of its
1089program.
1090     2.  Each county and municipality administering an open
1091burning authorization program must cooperate with and assist the
1092division in carrying out the division's powers, duties, and
1093functions.
1094     3.  A person who violates the requirements of a county's or
1095municipality's open burning authorization program, as provided
1096by ordinance or local law enacted pursuant to this subsection,
1097commits a violation of this chapter, punishable as provided in
1098s. 590.14.
1099     (7)(5)  DUTIES OF AGENCIES.-The Department of Education
1100shall incorporate, where feasible and appropriate, the issues of
1101fuels treatment, including prescribed burning, into its
1102educational materials.
1103     Section 40.  Section 590.14, Florida Statutes, is amended
1104to read:
1105     590.14  Notice of violation; penalties; legislative
1106intent.-
1107     (1)  If a division employee determines that a person has
1108violated chapter 589, or this chapter, or any rule adopted by
1109the division to administer provisions of law conferring duties
1110upon the division, the division employee he or she may issue a
1111notice of violation indicating the statute or rule violated.
1112This notice will be filed with the division and a copy forwarded
1113to the appropriate law enforcement entity for further action if
1114necessary.
1115     (2)  In addition to any penalties provided by law, any
1116person who causes a wildfire or permits any authorized fire to
1117escape the boundaries of the authorization or to burn past the
1118time of the authorization is liable for the payment of all
1119reasonable costs and expenses incurred in suppressing the fire
1120or $150, whichever is greater. All costs and expenses incurred
1121by the division shall be payable to the division. When such
1122costs and expenses are not paid within 30 days after demand, the
1123division may take proper legal proceedings for the collection of
1124the costs and expenses. Those costs incurred by an agency acting
1125at the division's direction are recoverable by that agency.
1126     (3)  The department may also impose an administrative fine,
1127not to exceed $1,000 per violation of any section of chapter 589
1128or this chapter or violation of any rule adopted by the division
1129to administer provisions of law conferring duties upon the
1130division. The fine shall be based upon the degree of damage, the
1131prior violation record of the person, and whether the person
1132knowingly provided false information to obtain an authorization.
1133The fines shall be deposited in the Incidental Trust Fund of the
1134division.
1135     (4)  A person commits a misdemeanor of the second degree,
1136punishable as provided in s. 775.082 or s. 775.083, if the
1137person:
1138     (a)  Fails to comply with any rule or order adopted by the
1139division to administer provisions of law conferring duties upon
1140the division; or
1141     (b)  Knowingly makes any false statement or representation
1142in any application, record, plan, or other document required by
1143this chapter or any rules adopted under this chapter.
1144     (5)  It is the intent of the Legislature that a penalty
1145imposed by a court under subsection (4) be of a severity that
1146ensures immediate and continued compliance with this section.
1147     (6)(4)  The penalties provided in this section shall extend
1148to both the actual violator and the person or persons, firm, or
1149corporation causing, directing, or permitting the violation.
1150     Section 41.  Subsection (4) of section 597.005, Florida
1151Statutes, is amended to read:
1152     597.005  Aquaculture Review Council.-
1153     (4)  EXPENSES; PER DIEM.-Members of the council shall
1154receive expenses and per diem for travel, including attendance
1155at meetings, as allowed state officers and employees pursuant to
1156s. 112.061.
1157     Section 42.  Subsection (2) of section 599.002, Florida
1158Statutes, is amended to read:
1159     599.002  Viticulture Advisory Council.-
1160     (2)  The meetings, powers and duties, procedures, and
1161recordkeeping of the Viticulture Advisory Council, and per diem
1162and reimbursement of expenses of council members, shall be
1163governed by the provisions of s. 570.0705 relating to advisory
1164committees established within the department.
1165     Section 43.  Paragraph (a) of subsection (1) and subsection
1166(3) of section 616.252, Florida Statutes, are amended to read:
1167     616.252  Florida State Fair Authority; membership; number,
1168terms, compensation.-
1169     (1)(a)  The authority shall be composed of 22 21 members.
1170The Commissioner of Agriculture, or her or his designee, shall
1171serve as a voting member. There shall also be a member who is
1172the member of the Board of County Commissioners of Hillsborough
1173County representing the county commission district in which the
1174Florida State Fairgrounds is located, who shall serve as a
1175voting member. There shall also be an appointed youth member who
1176is an active member of the Florida Future Farmers of America or
1177a 4-H Club, who shall serve as a nonvoting member. The
1178Commissioner of Agriculture shall appoint each other member of
1179the authority. Each member appointed by the Commissioner of
1180Agriculture shall serve at the pleasure of the Commissioner of
1181Agriculture. The term of each member appointed by the
1182Commissioner of Agriculture shall be 4 years, but the term of
1183the nonvoting youth member shall be for 1 year except, to
1184provide staggered terms, 9 of the members shall be initially
1185appointed for a 2-year term and 10 of the members shall be
1186initially appointed for a 3-year term. Members may be appointed
1187for more than one term. Any vacancy shall be filled for the
1188remainder of the unexpired term pursuant to the method provided
1189in this section for appointment. Six of the members may be from
1190Hillsborough County. The Commissioner of Agriculture shall
1191appoint and set the compensation of an executive director. The
1192executive director shall serve at the pleasure of the
1193Commissioner of Agriculture.
1194     (3)  Members of the authority are shall not be entitled to
1195compensation for their services as members and may not, but
1196shall be reimbursed for travel expenses. Except for the
1197nonvoting youth member, each member as provided in s. 112.061
1198and may be compensated for any special or full-time service
1199performed in the authority's its behalf as officers or agents of
1200the authority.
1201     Section 44.  Paragraph (c) of subsection (2) of section
1202812.014, Florida Statutes, is amended to read:
1203     812.014  Theft.-
1204     (2)
1205     (c)  It is grand theft of the third degree and a felony of
1206the third degree, punishable as provided in s. 775.082, s.
1207775.083, or s. 775.084, if the property stolen is:
1208     1.  Valued at $300 or more, but less than $5,000.
1209     2.  Valued at $5,000 or more, but less than $10,000.
1210     3.  Valued at $10,000 or more, but less than $20,000.
1211     4.  A will, codicil, or other testamentary instrument.
1212     5.  A firearm.
1213     6.  A motor vehicle, except as provided in paragraph (a).
1214     7.  Any commercially farmed animal, including any animal of
1215the equine, bovine, or swine class, or other grazing animal; a
1216bee colony of a registered beekeeper;, and including aquaculture
1217species raised at a certified aquaculture facility. If the
1218property stolen is aquaculture species raised at a certified
1219aquaculture facility, then a $10,000 fine shall be imposed.
1220     8.  Any fire extinguisher.
1221     9.  Any amount of citrus fruit consisting of 2,000 or more
1222individual pieces of fruit.
1223     10.  Taken from a designated construction site identified
1224by the posting of a sign as provided for in s. 810.09(2)(d).
1225     11.  Any stop sign.
1226     12.  Anhydrous ammonia.
1227
1228However, if the property is stolen within a county that is
1229subject to a state of emergency declared by the Governor under
1230chapter 252, the property is stolen after the declaration of
1231emergency is made, and the perpetration of the theft is
1232facilitated by conditions arising from the emergency, the
1233offender commits a felony of the second degree, punishable as
1234provided in s. 775.082, s. 775.083, or s. 775.084, if the
1235property is valued at $5,000 or more, but less than $10,000, as
1236provided under subparagraph 2., or if the property is valued at
1237$10,000 or more, but less than $20,000, as provided under
1238subparagraph 3. As used in this paragraph, the term "conditions
1239arising from the emergency" means civil unrest, power outages,
1240curfews, voluntary or mandatory evacuations, or a reduction in
1241the presence of or the response time for first responders or
1242homeland security personnel. For purposes of sentencing under
1243chapter 921, a felony offense that is reclassified under this
1244paragraph is ranked one level above the ranking under s.
1245921.0022 or s. 921.0023 of the offense committed.
1246     Section 45.  Paragraphs (f) and (g) of subsection (1) of
1247section 812.015, Florida Statutes, are amended to read:
1248     812.015  Retail and farm theft; transit fare evasion;
1249mandatory fine; alternative punishment; detention and arrest;
1250exemption from liability for false arrest; resisting arrest;
1251penalties.-
1252     (1)  As used in this section:
1253     (f)  "Farmer" means a person who is engaging in the growing
1254or producing of farm produce, milk products, honey, eggs, or
1255meat, either part time or full time, for personal consumption or
1256for sale and who is the owner or lessee of the land or a person
1257designated in writing by the owner or lessee to act as her or
1258his agent. No person defined as a farm labor contractor pursuant
1259to s. 450.28 shall be designated to act as an agent for purposes
1260of this section.
1261     (g)  "Farm theft" means the unlawful taking possession of
1262any items that are grown or produced on land owned, rented, or
1263leased by another person. The term includes the unlawful taking
1264possession of equipment and associated materials used to grow or
1265produce farm products as defined in s. 823.14(3)(c).
1266     Section 46.  This act shall take effect July 1, 2011.


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