CS/HB 7215

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 14.24, F.S.; deleting
4	provisions requiring the reimbursement of members of the
5	Florida Commission on the Status of Women for per diem and
6	travel expenses; amending s. 20.14, F.S.; deleting a
7	provision establishing the Division of Dairy within the
8	department; amending s. 215.981, F.S.; exempting certain
9	direct-support organizations and citizen support
10	organizations for the department from obtaining an
11	independent audit; requiring the department to establish
12	accounting and financial management guidelines for such
13	organizations and annually review the operations and
14	finances of a selected number of such organizations;
15	amending s. 253.02, F.S.; providing for the grantee of
16	easements for electrical transmission to pay the lead
17	manager of the state-owned lands or, when there is no lead
18	manager, the Department of Environmental Protection if
19	suitable replacement uplands cannot be identified;
20	amending s. 261.04, F.S.; deleting provisions requiring
21	the reimbursement of members of the Off-Highway Vehicle
22	Recreation Advisory Committee for per diem and travel
23	expenses; amending s. 472.007, F.S.; deleting provisions
24	requiring compensation of members and former members of
25	the Board of Professional Surveyors and Mappers for
26	performing certain duties and reimbursement of members for
27	per diem and travel expenses; amending s. 482.051, F.S.;
28	providing additional methods for pest control licensees to
29	give certain emergency notice to the Department of
30	Agriculture and Consumer Services before performing
31	general fumigation; amending s. 482.071, F.S.; revising
32	the minimum bodily injury and property damage insurance
33	coverage required for pest control businesses; creating s.
34	482.072, F.S.; providing for licensure by the department
35	of pest control customer contact centers; providing
36	application requirements; providing for fees, licensure
37	renewal, licensure expiration, transfer of licenses, and
38	penalties; creating s. 482.157, F.S.; providing for
39	limited certification of commercial wildlife trappers;
40	providing requirements for certification, examination, and
41	fees; limiting the scope of work permitted by
42	certificateholders; clarifying that licensees who practice
43	accepted pest control methods are immune from liability
44	for violating laws prohibiting cruelty to animals;
45	providing for applicability; amending s. 482.226, F.S.;
46	revising the minimum financial responsibility requirements
47	for licensees that perform wood-destroying organism
48	inspections; amending s. 482.243, F.S.; deleting
49	provisions relating to the reimbursement of members of the
50	Pest Control Enforcement Advisory Council for expenses;
51	amending s. 487.041, F.S.; providing that registration,
52	supplemental, and late fees related to the registration of
53	pesticide brands with the department are nonrefundable;
54	providing requirements for label revisions of pesticide
55	brands; providing requirements for label revisions that
56	must be reviewed by the United States Environmental
57	Protection Agency; requiring payments of pesticide
58	registration fees to be submitted electronically by a date
59	certain; amending s. 487.0615, F.S.; deleting provisions
60	requiring the reimbursement of members of the Pesticide
61	Review Council for per diem and travel expenses; amending
62	s. 500.70, F.S.; requiring certain persons who produce,
63	harvest, pack, or repack tomatoes to register each
64	location of a tomato farm, tomato greenhouse, tomato
65	packinghouse, or tomato repacker by a specified date;
66	authorizing the department to set a registration fee;
67	requiring that funds collected be deposited into the
68	General Inspection Trust Fund; amending ss. 527.22 and
69	559.9221, F.S.; deleting provisions authorizing the
70	reimbursement of members of the Florida Propane Gas
71	Education, Safety, and Research Council and the Motor
72	Vehicle Repair Advisory Council for per diem and travel
73	expenses; amending s. 570.07, F.S.; revising the powers
74	and duties of the department relating to pollution control
75	and the prevention of wildfires; amending s. 570.0705,
76	F.S.; deleting provisions requiring the reimbursement for
77	per diem and travel expenses of members of certain ad hoc
78	advisory committees appointed by the Commissioner of
79	Agriculture; amending s. 570.074, F.S.; renaming the
80	Office of Water Coordination and revising its policy
81	jurisdiction; amending s. 570.18, F.S., to conform;
82	amending s. 570.23, F.S.; deleting provisions requiring
83	the reimbursement of members of the State Agricultural
84	Advisory Council for per diem and travel expenses;
85	amending s. 570.29, F.S.; deleting a provision
86	establishing the Division of Dairy Industry within the
87	department; amending ss. 570.38 and 570.382, F.S.;
88	deleting provisions requiring the reimbursement of members
89	of the Animal Industry Technical Council and the Arabian
90	Horse Council for per diem and travel expenses; repealing
91	ss. 570.40 and 570.41, F.S., relating to the powers and
92	duties of the Division of Dairy within the department and
93	the qualifications and duties of the division's director;
94	amending s. 570.42, F.S.; deleting provisions requiring
95	the reimbursement of members of the Dairy Industry
96	Technical Council for per diem and travel expenses;
97	amending s. 570.50, F.S.; requiring the Division of Food
98	Safety within the department to inspect certain dairy
99	farms and plants, perform certain analyses and tests, and
100	enforce certain rules and provisions of law; amending s.
101	570.543, F.S.; deleting provisions requiring the
102	reimbursement of members of the Florida Consumers' Council
103	for per diem and travel expenses; amending s. 570.954,
104	F.S.; removing the requirement that the department
105	coordinate with and solicit the expertise of the state
106	energy office when developing the farm-to-fuel initiative;
107	amending ss. 571.28, 573.112, 576.091, 580.151, 581.186,
108	and 586.161, F.S.; deleting provisions requiring the
109	reimbursement of members of the Florida Agricultural
110	Promotional Campaign Advisory Council, certain ad hoc
111	advisory councils appointed to advise the department
112	concerning the issuance of marketing orders, the
113	Fertilizer Technical Council, the Commercial Feed
114	Technical Council, the Endangered Plant Advisory Council,
115	and the Honeybee Technical Council for per diem and travel
116	expenses; amending s. 590.015, F.S.; revising and
117	providing definitions for purposes of forest protection;
118	amending s. 590.02, F.S.; authorizing forest operations
119	administrators to be certified as forestry firefighters;
120	providing the status of Selected Exempt Service to an
121	aviation manager and the Division of Forestry's training
122	coordinator; granting the department certain exclusive
123	authority over the Florida Building Code; authorizing the
124	department to retain, transfer, warehouse, bid, destroy,
125	scrap, or dispose of certain surplus equipment and
126	vehicles; authorizing the department to retain any moneys
127	received from the disposition of certain state-owned
128	equipment and vehicles; providing that moneys received may
129	be used for the acquisition of certain exchange and
130	surplus equipment and all necessary operating expenditures
131	related to the equipment; requiring the department to
132	maintain records of the accounts into which the money is
133	deposited; granting the department exclusive authority to
134	require and issue authorizations for broadcast burning,
135	agricultural pile burning, and silvicultural pile burning;
136	preempting other governmental entities from adopting laws,
137	regulations, rules, or policies pertaining to broadcast
138	burning, agricultural pile burning, or silvicultural pile
139	burning unless an emergency order has been declared;
140	authorizing the department to delegate its authority to a
141	county or municipality to issue authorizations for the
142	burning of yard trash and debris from land-clearing
143	operations; amending s. 590.125, F.S.; revising and
144	providing definitions relating to open burning
145	authorizations; specifying purposes of certified
146	prescribed burning; requiring the division's authorization
147	for certified pile burning; providing pile burning
148	requirements; limiting the liability of property owners or
149	agents engaged in pile burning; providing for the
150	certification of pile burners; providing penalties for
151	violations by certified pile burners; requiring the
152	division to adopt rules to regulate certified pile
153	burning; revising notice requirements for wildfire hazard
154	reduction treatments; requiring division approval of local
155	government open burning authorization programs; providing
156	program requirements; authorizing the division to resume
157	administration of a local government's program under
158	certain circumstances; providing penalties for violations
159	of local government open burning requirements; amending s.
160	590.14, F.S.; authorizing a division employee to issue a
161	notice of violation for any division rule; authorizing the
162	division to impose an administrative fine for a violation
163	of any division rule; providing penalties for certain
164	violations; providing legislative intent; amending ss.
165	597.005 and 599.002, F.S.; deleting provisions requiring
166	the reimbursement of members of the Aquaculture Review
167	Council and the Viticulture Advisory Council for per diem
168	and travel expenses; amending s. 616.252, F.S.; providing
169	for the appointment and term of a nonvoting youth member
170	of the Florida State Fair Authority; deleting provisions
171	requiring staggered terms; prohibiting the reimbursement
172	of members of the Florida State Fair Authority for per
173	diem and travel expenses; excluding the youth member from
174	compensation for special or full-time service performed on
175	behalf of the authority; amending s. 812.014, F.S.;
176	providing penalties for the theft of bee colonies of
177	registered beekeepers; amending s. 812.015, F.S.;
178	redefining the term "farmer" to include a person who grows
179	or produces honey; redefining the term "farm theft" to
180	include the unlawful taking possession of equipment and
181	associated materials used to grow or produce certain farm
182	products; providing an appropriation; providing an
183	effective date.
184
185	Be It Enacted by the Legislature of the State of Florida:
186
187	Section 1.  Subsection (3) of section 14.24, Florida
188	Statutes, is amended to read:
189	14.24  Florida Commission on the Status of Women.-
190	(3)  Members of the commission shall serve without
191	compensation, but shall be reimbursed for per diem and travel
192	expenses in accordance with s. 112.061.
193	Section 2.  Paragraphs (g) through (m) of subsection (2) of
194	section 20.14, Florida Statutes, are redesignated as paragraphs
195	(f) through (l), respectively, and present paragraph (f) of that
196	subsection is amended to read:
197	20.14  Department of Agriculture and Consumer Services.-
198	There is created a Department of Agriculture and Consumer
199	Services.
200	(2)  The following divisions of the Department of
201	Agriculture and Consumer Services are established:
202	(f)  Dairy Industry.
203	Section 3.  Subsection (2) of section 215.981, Florida
204	Statutes, is amended to read:
205	215.981  Audits of state agency direct-support
206	organizations and citizen support organizations.-
207	(2)  Notwithstanding the provisions of subsection (1),
208	direct-support organizations and citizen support organizations
209	for the Department of Environmental Protection or direct-support
210	organizations and citizen support organizations for the
211	Department of Agriculture and Consumer Services that are not for
212	profit and that have annual expenditures of less than $300,000
213	are not required to have an independent audit. The respective
214	department shall establish accounting and financial management
215	guidelines for those organizations under its the department's
216	jurisdiction. Each year, the respective department shall conduct
217	operational and financial reviews of a selected number of
218	direct-support organizations or citizen support organizations
219	that which fall below the audit threshold established in this
220	subsection.
221	Section 4.  Paragraph (b) of subsection (2) of section
222	253.02, Florida Statutes, is amended to read:
223	253.02  Board of trustees; powers and duties.-
224	(2)
225	(b)  The authority of the board of trustees to grant
226	easements for rights-of-way over, across, and upon uplands the
227	title to which is vested in the board of trustees for the
228	construction and operation of electric transmission and
229	distribution facilities and related appurtenances is hereby
230	confirmed. The board of trustees may delegate to the Secretary
231	of Environmental Protection the authority to grant such
232	easements on its behalf. All easements for rights-of-way over,
233	across, and upon uplands the title to which is vested in the
234	board of trustees for the construction and operation of electric
235	transmission and distribution facilities and related
236	appurtenances which are approved by the Secretary of
237	Environmental Protection pursuant to the authority delegated by
238	the board of trustees shall meet the following criteria:
239	1.  Such easements shall not prevent the use of the state-
240	owned uplands adjacent to the easement area for the purposes for
241	which such lands were acquired and shall not unreasonably
242	diminish the ecological, conservation, or recreational values of
243	the state-owned uplands adjacent to the easement area.
244	2.  There is no practical and prudent alternative to
245	locating the linear facility and related appurtenances on state-
246	owned upland. For purposes of this subparagraph, the test of
247	practicality and prudence shall compare the social, economic,
248	and environmental effects of the alternatives.
249	3.  Appropriate steps are taken to minimize the impacts to
250	state-owned uplands. Such steps may include:
251	a.  Siting of facilities so as to reduce impacts and
252	minimize fragmentation of the overall state-owned parcel;
253	b.  Avoiding significant wildlife habitat, wetlands, or
254	other valuable natural resources to the maximum extent
255	practicable; or
256	c.  Avoiding interference with active land management
257	practices, such as prescribed burning.
258	4.  Except for easements granted as a part of a land
259	exchange to accomplish a recreational or conservation benefit or
260	other public purpose, in exchange for such easements, the
261	grantee pays an amount equal to the market value of the interest
262	acquired. In addition, for the initial grant of such easements
263	only, the grantee shall provide additional compensation by
264	vesting in the board of trustees fee simple title to other
265	available uplands that are 1.5 times the size of the easement
266	acquired by the grantee. The Secretary of Environmental
267	Protection shall approve the property to be acquired on behalf
268	of the board of trustees based on the geographic location in
269	relation to the land proposed to be under easement and a
270	determination that economic, ecological, and recreational value
271	is at least equivalent to the value of the lands under proposed
272	easement. Priority for replacement uplands shall be given to
273	parcels identified as inholdings and additions to public lands
274	and lands on a Florida Forever land acquisition list. However,
275	if suitable replacement uplands cannot be identified, the
276	grantee shall provide additional compensation for the initial
277	grant of such easements only by paying to the lead manager of
278	the state-owned lands or, when there is no lead manager, by
279	paying to the department an amount equal to two times the
280	current market value of the state-owned land or the highest and
281	best use value at the time of purchase, whichever is greater.
282	When determining such use of funds, priority shall be given to
283	parcels identified as inholdings and additions to public lands
284	and lands on a Florida Forever land acquisition list.
285	Section 5.  Subsection (5) of section 261.04, Florida
286	Statutes, is amended to read:
287	261.04  Off-Highway Vehicle Recreation Advisory Committee;
288	members; appointment.-
289	(5)  The members of the advisory committee shall serve
290	without compensation, but shall be reimbursed for travel and per
291	diem expenses as provided in s. 112.061, while in the
292	performance of their official duties.
293	Section 6.  Subsections (6) and (7) of section 472.007,
294	Florida Statutes, are renumbered as subsections (5) and (6),
295	respectively, and present subsection (5) of that section is
296	amended to read:
297	472.007  Board of Professional Surveyors and Mappers.-There
298	is created in the Department of Agriculture and Consumer
299	Services the Board of Professional Surveyors and Mappers.
300	(5)  Unless otherwise provided by law, a board member or
301	former board member serving on a probable cause panel must be
302	compensated $50 for each day in attendance at an official
303	meeting of the board and for each day participating in any other
304	business involving the board. The board shall adopt a rule
305	defining the phrase "other business involving the board."
306	However, the phrase may not routinely be defined to include
307	telephone conference calls. A board member is also entitled to
308	reimbursement for expenses pursuant to s. 112.061. Travel out of
309	state requires the prior approval of the commissioner or the
310	commissioner's designee.
311	Section 7.  Subsection (4) of section 482.051, Florida
312	Statutes, is amended to read:
313	482.051  Rules.-The department has authority to adopt rules
314	pursuant to ss. 120.536(1) and 120.54 to implement the
315	provisions of this chapter. Prior to proposing the adoption of a
316	rule, the department shall counsel with members of the pest
317	control industry concerning the proposed rule. The department
318	shall adopt rules for the protection of the health, safety, and
319	welfare of pest control employees and the general public which
320	require:
321	(4)  That a licensee, before performing general fumigation,
322	notify in writing the department inspector having jurisdiction
323	over the location where the fumigation is to be performed, which
324	notice must be received by the department inspector at least 24
325	hours before in advance of the fumigation and must contain such
326	information as the department requires. However, in an authentic
327	and verifiable emergency, when 24 hours' advance notice
328	notification is not possible, advance notice may be given by
329	telephone, facsimile, or any form of acceptable electronic
330	communication, telegraph notice may be given; but such notice
331	must be immediately followed by written confirmation providing
332	the required information.
333	Section 8.  Subsection (4) of section 482.071, Florida
334	Statutes, is amended to read:
335	482.071  Licenses.-
336	(4)  A licensee may not operate a pest control business
337	without carrying the required insurance coverage. Each person
338	making application for a pest control business license or
339	renewal thereof must furnish to the department a certificate of
340	insurance that meets the requirements for minimum financial
341	responsibility for bodily injury and property damage consisting
342	of:
343	(a)  Bodily injury: $250,000 per $100,000 each person and
344	$500,000 per $300,000 each occurrence; and property damage:
345	$250,000 per $50,000 each occurrence and $500,000 $100,000 in
346	the aggregate; or
347	(b)  Combined single-limit coverage: $500,000 $400,000 in
348	the aggregate.
349	Section 9.  Section 482.072, Florida Statutes, is created
350	to read:
351	482.072  Pest control customer contact centers.-
352	(1)  The department may issue a license to a qualified
353	business to operate a customer contact center, to solicit pest
354	control business, or to provide services to customers for one or
355	more business locations licensed under s. 482.071. A person may
356	not operate a customer contact center for a pest control
357	business that is not licensed by the department.
358	(2)(a)  Before operating a customer contact center, and
359	biennially thereafter, on or before an anniversary date set by
360	the department for a licensed customer contact center location,
361	the pest control business must apply to the department for a
362	license under this chapter, or a renewal thereof, for each
363	customer contact center location. An application must be
364	submitted in the format prescribed by the department.
365	(b)  The department shall establish a fee of at least $600,
366	but not more than $1,000, for the issuance of a customer contact
367	center license and a fee of at least $600, but not more than
368	$1,000, for renewal of a customer contact center license.
369	However, until rules for renewal fees are adopted, the initial
370	licensing fee and renewal fee are each $600. The department
371	shall establish a grace period, not to exceed 30 calendar days
372	after the license's anniversary renewal date, and shall assess a
373	late fee of $150, in addition to the renewal fee, for a license
374	that is renewed after the grace period.
375	(c)  A license automatically expires 60 calendar days after
376	the anniversary renewal date unless the license is renewed
377	before that date. When a license expires, it may be reinstated
378	only upon reapplication and payment of the license renewal fee
379	and a late renewal fee.
380	(d)  A license automatically expires if a licensee changes
381	the business address of its customer contact center location.
382	The department shall issue a new license upon payment of a $250
383	fee. The new license automatically expires 60 calendar days
384	after the anniversary renewal date of the former license unless
385	the license is renewed before that date.
386	(e)  The department may not issue or renew a license to
387	operate a customer contact center unless the pest control
388	business licensees for which the customer contact center
389	solicits business are owned in common by a person or business
390	entity recognized by this state.
391	(f)  The department may deny a license or refuse to renew a
392	license if the applicant or licensee, or one or more of the
393	applicant's or licensee's directors, officers, owners, or
394	general partners, are or have been directors, officers, owners,
395	or general partners of a pest control business that meets the
396	conditions in s. 482.071(2)(g).
397	(g)  Sections 482.091 and 482.152 do not apply to a person
398	who solicits pest control services or provides customer service
399	in a licensed customer contact center unless the person performs
400	pest control as defined in s. 482.021(22)(a)-(d), executes a
401	pest control contract, or accepts remuneration for such work.
402	(h)  Section 482.071(2)(e) does not apply to a license
403	issued under this section.
404	(3)(a)  The department shall adopt rules establishing
405	requirements and procedures for customer contact center
406	recordkeeping and monitoring to ensure compliance with this
407	section and rules adopted in accordance with this section.
408	(b)  Notwithstanding any other provision of this section:
409	1.  A customer contact center licensee is subject to
410	disciplinary action under s. 482.161 for a violation of this
411	section or a rule adopted under this section committed by a
412	person who solicits pest control services or provides customer
413	service in a customer contact center.
414	2.  A pest control business licensee may be subject to
415	disciplinary action under s. 482.161 for a violation of this
416	section or a rule adopted under this section committed by a
417	person who solicits pest control services or provides customer
418	service in a customer contact center operated by a licensee if
419	the licensee participates in the violation.
420	Section 10.  Section 482.157, Florida Statutes, is created
421	to read:
422	482.157  Limited certification for commercial wildlife
423	management personnel.-
424	(1)  The department shall establish a limited certificate
425	that authorizes a person who engages in the commercial trapping
426	of wildlife to use nonchemical methods, including traps, glue
427	boards, mechanical or electronic devices, and exclusionary
428	techniques to control rodents as defined in s. 482.021(24).
429	(2)  The department shall issue a limited certificate to an
430	applicant who:
431	(a)  Submits an application and examination fee of at least
432	$150, but not more than $300, as prescribed by the department by
433	rule;
434	(b)  Passes an examination administered by the department.
435	The department shall provide the appropriate study materials for
436	the examination and make the examination readily available to
437	applicants in each county as necessary, but not less frequently
438	than quarterly; and
439	(c)  Provides proof, including a certificate of insurance,
440	that the applicant has met the minimum bodily injury and
441	property damage insurance requirements in s. 482.071(4).
442	(3)  An application for recertification must be made
443	annually and be accompanied by a recertification fee of at least
444	$75, but not more than $150, as prescribed by the department by
445	rule. The application must also be accompanied by proof of
446	completion of the required 4 classroom hours of acceptable
447	continuing education and the required proof of insurance. After
448	a grace period not exceeding 30 calendar days after the
449	recertification renewal date, the department shall assess a late
450	fee of $50 in addition to the renewal fee. A certificate
451	automatically expires 180 days after the recertification date if
452	the renewal fee has not been paid. After expiration, the
453	department shall issue a new certificate only if the applicant
454	successfully passes a reexamination and pays the examination fee
455	and late fee.
456	(4)  Certification under this section does not authorize:
457	(a)  The use of pesticides or chemical substances, other
458	than adhesive materials, to control rodents or other nuisance
459	wildlife in, on, or under structures;
460	(b)  Operation of a pest control business; or
461	(c)  Supervision of an uncertified person using nonchemical
462	methods to control rodents.
463	(5)  A person who is licensed under this chapter and
464	practices accepted methods of pest control is immune from
465	liability under s. 828.12.
466	(6)  This chapter does not exempt a person from the rules,
467	regulations, or orders of the Fish and Wildlife Conservation
468	Commission.
469	Section 11.  Subsection (6) of section 482.226, Florida
470	Statutes, is amended to read:
471	482.226  Wood-destroying organism inspection report; notice
472	of inspection or treatment; financial responsibility.-
473	(6)  Any licensee that performs wood-destroying organism
474	inspections in accordance with subsection (1) must meet minimum
475	financial responsibility in the form of errors and omissions
476	(professional liability) insurance coverage or bond in an amount
477	no less than $500,000 $50,000 in the aggregate and $250,000
478	$25,000 per occurrence, or demonstrate that the licensee has
479	equity or net worth of no less than $500,000 $100,000 as
480	determined by generally accepted accounting principles
481	substantiated by a certified public accountant's review or
482	certified audit. The licensee must show proof of meeting this
483	requirement at the time of license application or renewal
484	thereof.
485	Section 12.  Subsection (6) of section 482.243, Florida
486	Statutes, is amended to read:
487	482.243  Pest Control Enforcement Advisory Council.-
488	(6)  The meetings, powers and duties, procedures, and
489	recordkeeping, and reimbursement of expenses of members of the
490	council shall be in accordance with the provisions of s.
491	570.0705 relating to advisory committees established within the
492	department.
493	Section 13.  Paragraph (a) of subsection (1) of section
494	487.041, Florida Statutes, is amended, and paragraphs (h), (i),
495	and (j) are added to that subsection, to read:
496	487.041  Registration.-
497	(1)(a)  Effective January 1, 2009, each brand of pesticide,
498	as defined in s. 487.021, which is distributed, sold, or offered
499	for sale, except as provided in this section, within this state
500	or delivered for transportation or transported in intrastate
501	commerce or between points within this state through any point
502	outside this state must be registered in the office of the
503	department, and such registration shall be renewed biennially.
504	Emergency exemptions from registration may be authorized in
505	accordance with the rules of the department. The registrant
506	shall file with the department a statement including:
507	1.  The name, business mailing address, and street address
508	of the registrant.
509	2.  The name of the brand of pesticide.
510	3.  An ingredient statement and a complete current copy of
511	the labeling accompanying the brand of the pesticide, which must
512	conform to the registration, and a statement of all claims to be
513	made for it, including directions for use and a guaranteed
514	analysis showing the names and percentages by weight of each
515	active ingredient, the total percentage of inert ingredients,
516	and the names and percentages by weight of each "added
517	ingredient."
518	(h)  All registration fees, including supplemental fees and
519	late fees, are nonrefundable.
520	(i)  For any currently registered pesticide product brand
521	that undergoes labeling revisions during the registration
522	period, the registrant shall submit to the department a copy of
523	the revised labeling along with a cover letter detailing such
524	revisions before the sale or distribution in this state of the
525	product brand with the revised labeling. If the labeling
526	revisions require notification of an amendment review by the
527	United States Environmental Protection Agency, the registrant
528	shall submit an additional copy of the labeling marked to
529	identify those revisions.
530	(j)  Effective January 1, 2013, all payments of any
531	pesticide registration fees, including supplemental fees and
532	late fees, shall be submitted electronically using the
533	department's Internet website for registration of pesticide
534	product brands.
535	Section 14.  Subsection (5) of section 487.0615, Florida
536	Statutes, is amended to read:
537	487.0615  Pesticide Review Council.-
538	(5)  Members of the council shall receive no compensation
539	for their services, but are entitled to be reimbursed for per
540	diem and travel expenses as provided in s. 112.061.
541	Section 15.  Subsection (6) of section 500.70, Florida
542	Statutes, is renumbered as subsection (7), and a new subsection
543	(6) is added to that section to read:
544	500.70  Tomato food safety standards; inspections;
545	penalties; tomato good agricultural practices; tomato best
546	management practices.-
547	(6)  Any person who produces, harvests, packs, or repacks
548	tomatoes in this state and does not hold a food permit issued
549	under s. 500.12 shall annually register each location of a
550	tomato farm, tomato greenhouse, tomato packinghouse, or tomato
551	repacker by August 1 on a form prescribed by the department. Any
552	person who produces, harvests, packs, or repacks tomatoes at
553	more than one location may submit one registration for all such
554	locations but must provide the physical address of each
555	location. The department may set by rule an annual registration
556	fee not to exceed $500. Moneys collected pursuant to this
557	subsection shall be deposited into the General Inspection Trust
558	Fund.
559	Section 16.  Subsection (5) of section 527.22, Florida
560	Statutes, is amended to read:
561	527.22  Florida Propane Gas Education, Safety, and Research
562	Council established; membership; duties and responsibilities.-
563	(5)  Council members shall receive no compensation or
564	honorarium for their services, and are authorized to receive
565	only per diem and reimbursement for travel expenses as provided
566	in s. 112.061.
567	Section 17.  Subsection (3) of section 559.9221, Florida
568	Statutes, is amended to read:
569	559.9221  Motor Vehicle Repair Advisory Council.-The Motor
570	Vehicle Repair Advisory Council is created to advise and assist
571	the department in carrying out this part.
572	(3)  The members of the council shall receive no
573	compensation for their services, except that they may receive
574	per diem and travel expenses as provided in s. 112.061.
575	Section 18.  Subsection (28) of section 570.07, Florida
576	Statutes, is amended to read:
577	570.07  Department of Agriculture and Consumer Services;
578	functions, powers, and duties.-The department shall have and
579	exercise the following functions, powers, and duties:
580	(28)  For purposes of pollution control and the prevention
581	of wildfires purposes, to regulate open burning connected with
582	rural land-clearing, agricultural, or forestry operations,
583	except fires for cold or frost protection.
584	Section 19.  Subsection (9) of section 570.0705, Florida
585	Statutes, is amended to read:
586	570.0705  Advisory committees.-From time to time the
587	commissioner may appoint any advisory committee to assist the
588	department with its duties and responsibilities.
589	(9)  Members of each advisory committee shall receive no
590	compensation for their services, but shall be entitled to
591	reimbursement for per diem and travel expenses as provided in s.
592	112.061.
593	Section 20.  Section 570.074, Florida Statutes, is amended
594	to read:
595	570.074  Department of Agriculture and Consumer Services;
596	energy and water policy coordination.-The commissioner may
597	create an Office of Energy and Water Coordination under the
598	supervision of a senior manager exempt under s. 110.205 in the
599	Senior Management Service. The commissioner may designate the
600	bureaus and positions in the various organizational divisions of
601	the department that report to this office relating to any matter
602	over which the department has jurisdiction in matters relating
603	to energy and water policy affecting agriculture, application of
604	such policies, and coordination of such matters with state and
605	federal agencies.
606	Section 21.  Section 570.18, Florida Statutes, is amended
607	to read:
608	570.18  Organization of departmental work.-In the
609	assignment of functions to the 12 divisions of the department
610	created in s. 570.29, the department shall retain within the
611	Division of Administration, in addition to executive functions,
612	those powers and duties enumerated in s. 570.30. The department
613	shall organize the work of the other 11 divisions in such a way
614	as to secure maximum efficiency in the conduct of the
615	department. The divisions created in s. 570.29 are solely to
616	make possible the definite placing of responsibility. The
617	department shall be conducted as a unit in which every employee,
618	including each division director, is assigned a definite
619	workload, and there shall exist between division directors a
620	spirit of cooperative effort to accomplish the work of the
621	department.
622	Section 22.  Subsection (2) of section 570.23, Florida
623	Statutes, is amended to read:
624	570.23  State Agricultural Advisory Council.-
625	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
626	COMPENSATION.-The meetings, powers and duties, procedures, and
627	recordkeeping of the State Agricultural Advisory Council, and
628	per diem and reimbursement of expenses of council members, shall
629	be governed by the provisions of s. 570.0705 relating to
630	advisory committees established within the department.
631	Section 23.  Subsections (7) through (12) of section
632	570.29, Florida Statutes, are renumbered as subsections (6)
633	through (11), respectively, and present subsection (6) is
634	amended to read:
635	570.29  Departmental divisions.-The department shall
636	include the following divisions:
637	(6)  Dairy Industry.
638	Section 24.  Subsection (2) of section 570.38, Florida
639	Statutes, is amended to read:
640	570.38  Animal Industry Technical Council.-
641	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
642	COMPENSATION.-The meetings, powers and duties, procedures, and
643	recordkeeping of the Animal Industry Technical Council, and per
644	diem and reimbursement of expenses of council members, shall be
645	governed by the provisions of s. 570.0705 relating to advisory
646	committees established within the department.
647	Section 25.  Paragraph (d) of subsection (3) of section
648	570.382, Florida Statutes, is amended to read:
649	570.382  Arabian horse racing; breeders' and stallion
650	awards; Arabian Horse Council; horse registration fees; Florida
651	Arabian Horse Racing Promotion Account.-
652	(3)  ARABIAN HORSE COUNCIL.-
653	(d)  Members of the council shall receive no compensation
654	for their services, except that they shall receive per diem and
655	travel expenses as provided in s. 112.061 when actually engaged
656	in the business of the council.
657	Section 26.  Sections 570.40 and 570.41, Florida Statutes,
658	are repealed.
659	Section 27.  Subsection (2) of section 570.42, Florida
660	Statutes, is amended to read:
661	570.42  Dairy Industry Technical Council.-
662	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
663	COMPENSATION.-The meetings, powers and duties, procedures, and
664	recordkeeping of the Dairy Industry Technical Council, and per
665	diem and reimbursement of expenses of council members, shall be
666	governed by the provisions of s. 570.0705 relating to advisory
667	committees established within the department.
668	Section 28.  Subsections (6) and (7) are added to section
669	570.50, Florida Statutes, to read:
670	570.50  Division of Food Safety; powers and duties.-The
671	duties of the Division of Food Safety include, but are not
672	limited to:
673	(6)  Inspecting dairy farms of the state, enforcing those
674	provisions of chapter 502 that are authorized by the department
675	and related to the supervision of milking operations, and
676	enforcing rules adopted under such provisions.
677	(7)  Inspecting milk plants, milk product plants, and
678	plants engaged in the manufacture and distribution of frozen
679	desserts and frozen dessert mixes; analyzing and testing samples
680	of milk, milk products, frozen desserts, and frozen dessert
681	mixes collected by the division; and enforcing those provisions
682	of chapters 502 and 503 that are authorized by the department.
683	Section 29.  Subsection (2) of section 570.543, Florida
684	Statutes, is amended to read:
685	570.543  Florida Consumers' Council.-The Florida Consumers'
686	Council in the department is created to advise and assist the
687	department in carrying out its duties.
688	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
689	COMPENSATION.-The meetings, powers and duties, procedures, and
690	recordkeeping of the Florida Consumers' Council, and per diem
691	and reimbursement of expenses of council members, shall be
692	governed by the provisions of s. 570.0705 relating to advisory
693	committees established within the department. The council
694	members or chair may call no more than two meetings.
695	Section 30.  Subsection (3) of section 570.954, Florida
696	Statutes, is amended to read:
697	570.954  Farm-to-fuel initiative.-
698	(3)  The department shall coordinate with and solicit the
699	expertise of the state energy office within the Department of
700	Environmental Protection when developing and implementing this
701	initiative.
702	Section 31.  Subsection (2) of section 571.28, Florida
703	Statutes, is amended to read:
704	571.28  Florida Agricultural Promotional Campaign Advisory
705	Council.-
706	(2)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
707	COMPENSATION.-The meetings, powers and duties, procedures, and
708	recordkeeping of the Florida Agricultural Promotional Campaign
709	Advisory Council, and per diem and reimbursement of expenses of
710	council members, shall be governed by the provisions of s.
711	570.0705 relating to advisory committees established within the
712	department.
713	Section 32.  Subsection (6) of section 573.112, Florida
714	Statutes, is amended to read:
715	573.112  Advisory council.-
716	(6)  No member or alternate member of the council shall
717	receive a salary, but shall be reimbursed for travel expenses
718	while on council business as provided in s. 112.061. The
719	department may employ necessary personnel, including
720	professional and technical services personnel, and fix their
721	compensation and terms of employment and may incur expenses to
722	be paid from moneys collected as herein provided.
723	Section 33.  Subsection (3) of section 576.091, Florida
724	Statutes, is amended to read:
725	576.091  Fertilizer Technical Council.-
726	(3)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
727	REIMBURSEMENTS.-The meetings, powers and duties, procedures, and
728	recordkeeping, and reimbursement of expenses of members and
729	alternate members of the council shall be in accordance with the
730	provisions of s. 570.0705 relating to advisory committees
731	established within the department.
732	Section 34.  Subsection (2) of section 580.151, Florida
733	Statutes, is amended to read:
734	580.151  Commercial Feed Technical Council.-
735	(2)  POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.-
736	The meetings, powers and duties, procedures, and recordkeeping
737	of the Commercial Feed Technical Council, and per diem and
738	reimbursement of expenses of council members, shall be governed
739	by the provisions of s. 570.0705 relating to advisory committees
740	established within the department.
741	Section 35.  Subsection (2) of section 581.186, Florida
742	Statutes, is amended to read:
743	581.186  Endangered Plant Advisory Council; organization;
744	meetings; powers and duties.-
745	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
746	COMPENSATION.-The meetings, powers and duties, procedures, and
747	recordkeeping of the Endangered Plant Advisory Council, and per
748	diem and reimbursement of expenses of council members, shall be
749	governed by the provisions of s. 570.0705 relating to advisory
750	committees established within the department.
751	Section 36.  Subsection (3) of section 586.161, Florida
752	Statutes, is amended to read:
753	586.161  Honeybee Technical Council.-
754	(3)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
755	COMPENSATION.-The meetings, powers and duties, procedures, and
756	recordkeeping of the Honeybee Technical Council, and per diem
757	and reimbursement of expenses of council members, shall be
758	governed by the provisions of s. 570.0705 relating to advisory
759	committees established within the department.
760	Section 37.  Section 590.015, Florida Statutes, is amended
761	to read:
762	590.015  Definitions.-As used in this chapter, the term:
763	(1)  "Broadcast burning" means the burning of agricultural
764	or natural vegetation by allowing fire to move across a
765	predetermined area of land. The term does not include the
766	burning of vegetative debris that is piled or stacked.
767	(2)(1)  "Division" means the Division of Forestry of the
768	Department of Agriculture and Consumer Services.
769	(3)(2)  "Fire management services" means presuppression
770	fireline plowing, prescribed burning assistance, contract
771	prescribed burning, prescribed and wildfire management training,
772	and other activities associated with prevention, detection, and
773	suppression of wildfires.
774	(4)(3)  "Fuel reduction" means the application of
775	techniques that reduce vegetative fuels, and may include
776	prescribed burning, manual and mechanical clearing, and the use
777	of herbicides.
778	(5)  "Open burning" means any outdoor fire or open
779	combustion of material that produces visible emissions.
780	(6)(4)  "Wildfire" means any vegetative fire that threatens
781	to destroy life, property, or natural resources.
782	(7)(5)  "Wild land" means any public or private managed or
783	unmanaged forest, urban/interface, pasture or range land,
784	recreation lands, or any other land at risk of wildfire.
785	Section 38.  Paragraph (d) of subsection (1) and subsection
786	(4) of section 590.02, Florida Statutes, are amended, and
787	subsections (9) and (10) are added to that section, to read:
788	590.02  Division powers, authority, and duties; liability;
789	building structures; Florida Center for Wildfire and Forest
790	Resources Management Training.-
791	(1)  The division has the following powers, authority, and
792	duties:
793	(d)  To appoint center managers, forest area supervisors,
794	forestry program administrators, a forest protection bureau
795	chief, a forest protection assistant bureau chief, a field
796	operations bureau chief, deputy chiefs of field operations,
797	district managers, forest operations administrators, senior
798	forest rangers, investigators, forest rangers, firefighter
799	rotorcraft pilots, and other employees who may, at the
800	division's discretion, be certified as forestry firefighters
801	pursuant to s. 633.35(4). Other provisions of law
802	notwithstanding, center managers, district managers, forest
803	protection assistant bureau chief, aviation manager, the
804	division's training coordinator, and deputy chiefs of field
805	operations shall have Selected Exempt Service status in the
806	state personnel designation;
807	(4)(a)  The department may build structures,
808	notwithstanding chapters 216 and 255, not to exceed a cost of
809	$50,000 per structure from existing resources on forest lands,
810	federal excess property, and unneeded existing structures. These
811	structures must meet all applicable building codes.
812	(b)  Notwithstanding s. 553.80(1), the department shall
813	exclusively enforce the Florida Building Code as it pertains to
814	wildfire and law enforcement facilities under the jurisdiction
815	of the department.
816	(9)(a)  Notwithstanding ss. 273.055 and 287.16, the
817	department may retain, transfer, warehouse, bid, destroy, scrap,
818	or otherwise dispose of surplus equipment and vehicles that are
819	used for wildland firefighting.
820	(b)  All money received from the disposition of state-owned
821	equipment and vehicles that are used for wildland firefighting
822	shall be retained by the department. Money received pursuant to
823	this section is appropriated for and may be disbursed for the
824	acquisition of exchange and surplus equipment used for wildland
825	firefighting, and for all necessary operating expenditures
826	related to such equipment, in the same fiscal year and the
827	fiscal year following the disposition. The department shall
828	maintain records of the accounts into which the money is
829	deposited.
830	(10)(a)  The division has exclusive authority to require
831	and issue authorizations for broadcast burning and agricultural
832	and silvicultural pile burning. An agency, commission,
833	department, county, municipality, or other political subdivision
834	of the state may not adopt laws, regulations, rules, or policies
835	pertaining to broadcast burning or agricultural and
836	silvicultural pile burning unless an emergency order is declared
837	in accordance with s. 252.38(3).
838	(b)  The division may delegate to a county or municipality
839	its authority, as delegated by the Department of Environmental
840	Protection pursuant to ss. 403.061(28) and 403.081, to require
841	and issue authorizations for the burning of yard trash and
842	debris from land clearing operations in accordance with s.
843	590.125(6).
844	Section 39.  Section 590.125, Florida Statutes, is amended
845	to read:
846	590.125  Open burning authorized by the division.-
847	(1)  DEFINITIONS.-As used in this section, the term:
848	(a)  "Certified pile burner" means an individual who
849	successfully completes the division's pile burning certification
850	program and possesses a valid pile burner certification number.
851	"Prescribed burning" means the controlled application of fire in
852	accordance with a written prescription for vegetative fuels
853	under specified environmental conditions while following
854	appropriate precautionary measures that ensure that the fire is
855	confined to a predetermined area to accomplish the planned fire
856	or land-management objectives.
857	(b)  "Certified prescribed burn manager" means an
858	individual who successfully completes the certified prescribed
859	burning certification program of the division and possesses a
860	valid certification number.
861	(c)(d)  "Extinguished" means that no spreading flame for:
862	1.  Wildland Wild land burning or certified prescribed
863	burning, and no spreading flames visible flame, smoke, or
864	emissions for vegetative land-clearing debris burning, exist.
865	2.  Vegetative land-clearing debris burning or pile
866	burning, no visible flames exist.
867	3.  Vegetative land-clearing debris burning or pile burning
868	in an area designated as smoke sensitive by the division, no
869	visible flames, smoke, or emissions exist.
870	(d)  "Land-clearing operation" means the uprooting or
871	clearing of vegetation in connection with the construction of
872	buildings and rights-of-way, land development, and mineral
873	operations. The term does not include the clearing of yard
874	trash.
875	(e)  "Pile burning" means the burning of silvicultural,
876	agricultural, or land-clearing and tree-cutting debris
877	originating onsite, which is stacked together in a round or
878	linear fashion, including, but not limited to, a windrow.
879	(f)  "Prescribed burning" means the controlled application
880	of fire by broadcast burning in accordance with a written
881	prescription for vegetative fuels under specified environmental
882	conditions, while following appropriate precautionary measures
883	that ensure that the fire is confined to a predetermined area to
884	accomplish the planned fire or land-management objectives.
885	(g)(c)  "Prescription" means a written plan establishing
886	the criteria necessary for starting, controlling, and
887	extinguishing a prescribed burn.
888	(h)  "Yard trash" means vegetative matter resulting from
889	landscaping and yard maintenance operations and other such
890	routine property cleanup activities. The term includes materials
891	such as leaves, shrub trimmings, grass clippings, brush, and
892	palm fronds.
893	(2)  NONCERTIFIED BURNING.-
894	(a)  Persons may be authorized to burn wild land or
895	vegetative land-clearing debris in accordance with this
896	subsection if:
897	1.  There is specific consent of the landowner or his or
898	her designee;
899	2.  Authorization has been obtained from the division or
900	its designated agent before starting the burn;
901	3.  There are adequate firebreaks at the burn site and
902	sufficient personnel and firefighting equipment for the control
903	of the fire;
904	4.  The fire remains within the boundary of the authorized
905	area;
906	5.  An authorized person Someone is present at the burn
907	site until the fire is extinguished;
908	6.  The division does not cancel the authorization; and
909	7.  The division determines that air quality and fire
910	danger are favorable for safe burning.
911	(b)  A person who burns wild land or vegetative land-
912	clearing debris in a manner that violates any requirement of
913	this subsection commits a misdemeanor of the second degree,
914	punishable as provided in s. 775.082 or s. 775.083.
915	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
916	PURPOSE.-
917	(a)  The application of prescribed burning is a land
918	management tool that benefits the safety of the public, the
919	environment, and the economy of the state. The Legislature finds
920	that:
921	1.  Prescribed burning reduces vegetative fuels within wild
922	land areas. Reduction of the fuel load reduces the risk and
923	severity of wildfire, thereby reducing the threat of loss of
924	life and property, particularly in urban areas.
925	2.  Most of Florida's natural communities require periodic
926	fire for maintenance of their ecological integrity. Prescribed
927	burning is essential to the perpetuation, restoration, and
928	management of many plant and animal communities. Significant
929	loss of the state's biological diversity will occur if fire is
930	excluded from fire-dependent systems.
931	3.  Forestland and rangeland constitute significant
932	economic, biological, and aesthetic resources of statewide
933	importance. Prescribed burning on forestland prepares sites for
934	reforestation, removes undesirable competing vegetation,
935	expedites nutrient cycling, and controls or eliminates certain
936	forest pathogens. On rangeland, prescribed burning improves the
937	quality and quantity of herbaceous vegetation necessary for
938	livestock production.
939	4.  The state purchased hundreds of thousands of acres of
940	land for parks, preserves, wildlife management areas, forests,
941	and other public purposes. The use of prescribed burning for
942	management of public lands is essential to maintain the specific
943	resource values for which these lands were acquired.
944	5.  A public education program is necessary to make
945	citizens and visitors aware of the public safety, resource, and
946	economic benefits of prescribed burning.
947	6.  Proper training in the use of prescribed burning is
948	necessary to ensure maximum benefits and protection for the
949	public.
950	7.  As Florida's population continues to grow, pressures
951	from liability issues and nuisance complaints inhibit the use of
952	prescribed burning. Therefore, the division is urged to maximize
953	the opportunities for prescribed burning conducted during its
954	daytime and nighttime authorization process.
955	(b)  Certified prescribed burning pertains only to
956	broadcast burning for purposes of silviculture, wildland fire
957	hazard reduction, wildlife management, ecological maintenance
958	and restoration, and range and pasture management. It must be
959	conducted in accordance with this subsection and:
960	1.  May be accomplished only when a certified prescribed
961	burn manager is present on site with a copy of the prescription
962	from ignition of the burn to its completion.
963	2.  Requires that a written prescription be prepared before
964	receiving authorization to burn from the division.
965	3.  Requires that the specific consent of the landowner or
966	his or her designee be obtained before requesting an
967	authorization.
968	4.  Requires that an authorization to burn be obtained from
969	the division before igniting the burn.
970	5.  Requires that there be adequate firebreaks at the burn
971	site and sufficient personnel and firefighting equipment for the
972	control of the fire.
973	6.  Is considered to be in the public interest and does not
974	constitute a public or private nuisance when conducted under
975	applicable state air pollution statutes and rules.
976	7.  Is considered to be a property right of the property
977	owner if vegetative fuels are burned as required in this
978	subsection.
979	(c)  Neither a property owner nor his or her agent is
980	liable pursuant to s. 590.13 for damage or injury caused by the
981	fire or resulting smoke or considered to be in violation of
982	subsection (2) for burns conducted in accordance with this
983	subsection unless gross negligence is proven.
984	(d)  Any certified burner who violates this section commits
985	a misdemeanor of the second degree, punishable as provided in s.
986	775.082 or s. 775.083.
987	(e)  The division shall adopt rules for the use of
988	prescribed burning and for certifying and decertifying certified
989	prescribed burn managers based on their past experience,
990	training, and record of compliance with this section.
991	(4)  CERTIFIED PILE BURNING.-
992	(a)  Certified pile burning pertains to the disposal of
993	piled, naturally occurring debris from an agricultural,
994	silvicultural, or temporary land-clearing operation. A land-
995	clearing operation is temporary if it operates for 6 months or
996	less. Certified pile burning must be conducted in accordance
997	with the following:
998	1.  A certified pile burner must ensure, before ignition,
999	that the piles are properly placed and that the content of the
1000	piles is conducive to efficient burning.
1001	2.  A certified pile burner must ensure that the piles are
1002	properly extinguished no later than 1 hour after sunset. If the
1003	burn is conducted in an area designated by the division as smoke
1004	sensitive, a certified pile burner must ensure that the piles
1005	are properly extinguished at least 1 hour before sunset.
1006	3.  A written pile burning plan must be prepared before
1007	receiving authorization from the division to burn.
1008	4.  The specific consent of the landowner or his or her
1009	agent must be obtained before requesting authorization to burn.
1010	5.  An authorization to burn must be obtained from the
1011	division or its designated agent before igniting the burn.
1012	6.  There must be adequate firebreaks and sufficient
1013	personnel and firefighting equipment at the burn site to control
1014	the fire.
1015	(b)  If a burn is conducted in accordance with paragraph
1016	(a), the property owner and his or her agent are not liable
1017	under s. 590.13 for damage or injury caused by the fire or
1018	resulting smoke, and are not in violation of subsection (2),
1019	unless gross negligence is proven.
1020	(c)  A certified pile burner who violates this subsection
1021	commits a misdemeanor of the second degree, punishable as
1022	provided in s. 775.082 or s. 775.083.
1023	(d)  The division shall adopt rules regulating certified
1024	pile burning. The rules shall include procedures and criteria
1025	for certifying and decertifying certified pile burn managers
1026	based on past experience, training, and record of compliance
1027	with this section.
1028	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1029	DIVISION.-The division may conduct fuel reduction initiatives,
1030	including, but not limited to, burning and mechanical and
1031	chemical treatment, on any area of wild land within the state
1032	which is reasonably determined to be in danger of wildfire in
1033	accordance with the following procedures:
1034	(a)  Describe the areas that will receive fuels treatment
1035	to the affected local governmental entity.
1036	(b)  Publish a treatment notice, including a description of
1037	the area to be treated, in a conspicuous manner in at least one
1038	newspaper of general circulation in the area of the treatment
1039	not less than 10 days before the treatment.
1040	(c)  Prepare, and send the county tax collector shall
1041	include with the annual tax statement, a notice to be sent to
1042	all landowners in each area township designated by the division
1043	as a wildfire hazard area. The notice must describe particularly
1044	the area to be treated and the tentative date or dates of the
1045	treatment and must list the reasons for and the expected
1046	benefits from the wildfire hazard reduction.
1047	(d)  Consider any landowner objections to the fuels
1048	treatment of his or her property. The landowner may apply to the
1049	director of the division for a review of alternative methods of
1050	fuel reduction on the property. If the director or his or her
1051	designee does not resolve the landowner objection, the director
1052	shall convene a panel made up of the local forestry unit
1053	manager, the fire chief of the jurisdiction, and the affected
1054	county or city manager, or any of their designees. If the
1055	panel's recommendation is not acceptable to the landowner, the
1056	landowner may request further consideration by the Commissioner
1057	of Agriculture or his or her designee and shall thereafter be
1058	entitled to an administrative hearing pursuant to the provisions
1059	of chapter 120.
1060	(6)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1061	AUTHORIZATION PROGRAMS.-
1062	(a)  A county or municipality may exercise the division's
1063	authority, if delegated by the division under this subsection,
1064	to issue authorizations for the burning of yard trash or debris
1065	from land-clearing operations. A county's or municipality's
1066	existing or proposed open burning authorization program must:
1067	1.  Be approved by the division. The division may not
1068	approve a program if it fails to meet the requirements of
1069	subsections (2) and (4) and any rules adopted under those
1070	subsections.
1071	2.  Provide by ordinance or local law the requirements for
1072	obtaining and performing a burn authorization that complies with
1073	subsections (2) and (4) and any rules adopted under those
1074	subsections.
1075	3.  Provide for the enforcement of the program's
1076	requirements.
1077	4.  Provide financial, personnel, and other resources
1078	needed to carry out the program.
1079	(b)  If the division determines that a county's or
1080	municipality's open burning authorization program does not
1081	comply with subsections (2) and (4) and any rules adopted under
1082	those subsections, the division shall require the county or
1083	municipality to take necessary corrective actions within 90 days
1084	after receiving notice from the division of its determination.
1085	1.  If the county or municipality fails to take the
1086	necessary corrective actions within the required period, the
1087	division shall resume administration of the open burning
1088	authorization program in the county or municipality and the
1089	county or municipality shall cease administration of its
1090	program.
1091	2.  Each county and municipality administering an open
1092	burning authorization program must cooperate with and assist the
1093	division in carrying out the division's powers, duties, and
1094	functions.
1095	3.  A person who violates the requirements of a county's or
1096	municipality's open burning authorization program, as provided
1097	by ordinance or local law enacted pursuant to this subsection,
1098	commits a violation of this chapter, punishable as provided in
1099	s. 590.14.
1100	(7)(5)  DUTIES OF AGENCIES.-The Department of Education
1101	shall incorporate, where feasible and appropriate, the issues of
1102	fuels treatment, including prescribed burning, into its
1103	educational materials.
1104	Section 40.  Section 590.14, Florida Statutes, is amended
1105	to read:
1106	590.14  Notice of violation; penalties; legislative
1107	intent.-
1108	(1)  If a division employee determines that a person has
1109	violated chapter 589, or this chapter, or any rule adopted by
1110	the division to administer provisions of law conferring duties
1111	upon the division, the division employee he or she may issue a
1112	notice of violation indicating the statute or rule violated.
1113	This notice will be filed with the division and a copy forwarded
1114	to the appropriate law enforcement entity for further action if
1115	necessary.
1116	(2)  In addition to any penalties provided by law, any
1117	person who causes a wildfire or permits any authorized fire to
1118	escape the boundaries of the authorization or to burn past the
1119	time of the authorization is liable for the payment of all
1120	reasonable costs and expenses incurred in suppressing the fire
1121	or $150, whichever is greater. All costs and expenses incurred
1122	by the division shall be payable to the division. When such
1123	costs and expenses are not paid within 30 days after demand, the
1124	division may take proper legal proceedings for the collection of
1125	the costs and expenses. Those costs incurred by an agency acting
1126	at the division's direction are recoverable by that agency.
1127	(3)  The department may also impose an administrative fine,
1128	not to exceed $1,000 per violation of any section of chapter 589
1129	or this chapter or violation of any rule adopted by the division
1130	to administer provisions of law conferring duties upon the
1131	division. The fine shall be based upon the degree of damage, the
1132	prior violation record of the person, and whether the person
1133	knowingly provided false information to obtain an authorization.
1134	The fines shall be deposited in the Incidental Trust Fund of the
1135	division.
1136	(4)  A person commits a misdemeanor of the second degree,
1137	punishable as provided in s. 775.082 or s. 775.083, if the
1138	person:
1139	(a)  Fails to comply with any rule or order adopted by the
1140	division to administer provisions of law conferring duties upon
1141	the division; or
1142	(b)  Knowingly makes any false statement or representation
1143	in any application, record, plan, or other document required by
1144	this chapter or any rules adopted under this chapter.
1145	(5)  It is the intent of the Legislature that a penalty
1146	imposed by a court under subsection (4) be of a severity that
1147	ensures immediate and continued compliance with this section.
1148	(6)(4)  The penalties provided in this section shall extend
1149	to both the actual violator and the person or persons, firm, or
1150	corporation causing, directing, or permitting the violation.
1151	Section 41.  Subsection (4) of section 597.005, Florida
1152	Statutes, is amended to read:
1153	597.005  Aquaculture Review Council.-
1154	(4)  EXPENSES; PER DIEM.-Members of the council shall
1155	receive expenses and per diem for travel, including attendance
1156	at meetings, as allowed state officers and employees pursuant to
1157	s. 112.061.
1158	Section 42.  Subsection (2) of section 599.002, Florida
1159	Statutes, is amended to read:
1160	599.002  Viticulture Advisory Council.-
1161	(2)  The meetings, powers and duties, procedures, and
1162	recordkeeping of the Viticulture Advisory Council, and per diem
1163	and reimbursement of expenses of council members, shall be
1164	governed by the provisions of s. 570.0705 relating to advisory
1165	committees established within the department.
1166	Section 43.  Paragraph (a) of subsection (1) and subsection
1167	(3) of section 616.252, Florida Statutes, are amended to read:
1168	616.252  Florida State Fair Authority; membership; number,
1169	terms, compensation.-
1170	(1)(a)  The authority shall be composed of 22 21 members.
1171	The Commissioner of Agriculture, or her or his designee, shall
1172	serve as a voting member. There shall also be a member who is
1173	the member of the Board of County Commissioners of Hillsborough
1174	County representing the county commission district in which the
1175	Florida State Fairgrounds is located, who shall serve as a
1176	voting member. There shall also be an appointed youth member who
1177	is an active member of the Florida Future Farmers of America or
1178	a 4-H Club, who shall serve as a nonvoting member. The
1179	Commissioner of Agriculture shall appoint each other member of
1180	the authority. Each member appointed by the Commissioner of
1181	Agriculture shall serve at the pleasure of the Commissioner of
1182	Agriculture. The term of each member appointed by the
1183	Commissioner of Agriculture shall be 4 years, but the term of
1184	the nonvoting youth member shall be for 1 year except, to
1185	provide staggered terms, 9 of the members shall be initially
1186	appointed for a 2-year term and 10 of the members shall be
1187	initially appointed for a 3-year term. Members may be appointed
1188	for more than one term. Any vacancy shall be filled for the
1189	remainder of the unexpired term pursuant to the method provided
1190	in this section for appointment. Six of the members may be from
1191	Hillsborough County. The Commissioner of Agriculture shall
1192	appoint and set the compensation of an executive director. The
1193	executive director shall serve at the pleasure of the
1194	Commissioner of Agriculture.
1195	(3)  Members of the authority are shall not be entitled to
1196	compensation for their services as members and may not, but
1197	shall be reimbursed for travel expenses. Except for the
1198	nonvoting youth member, each member as provided in s. 112.061
1199	and may be compensated for any special or full-time service
1200	performed in the authority's its behalf as officers or agents of
1201	the authority.
1202	Section 44.  Paragraph (c) of subsection (2) of section
1203	812.014, Florida Statutes, is amended to read:
1204	812.014  Theft.-
1205	(2)
1206	(c)  It is grand theft of the third degree and a felony of
1207	the third degree, punishable as provided in s. 775.082, s.
1208	775.083, or s. 775.084, if the property stolen is:
1209	1.  Valued at $300 or more, but less than $5,000.
1210	2.  Valued at $5,000 or more, but less than $10,000.
1211	3.  Valued at $10,000 or more, but less than $20,000.
1212	4.  A will, codicil, or other testamentary instrument.
1213	5.  A firearm.
1214	6.  A motor vehicle, except as provided in paragraph (a).
1215	7.  Any commercially farmed animal, including any animal of
1216	the equine, bovine, or swine class, or other grazing animal; a
1217	bee colony of a registered beekeeper;, and including aquaculture
1218	species raised at a certified aquaculture facility. If the
1219	property stolen is aquaculture species raised at a certified
1220	aquaculture facility, then a $10,000 fine shall be imposed.
1221	8.  Any fire extinguisher.
1222	9.  Any amount of citrus fruit consisting of 2,000 or more
1223	individual pieces of fruit.
1224	10.  Taken from a designated construction site identified
1225	by the posting of a sign as provided for in s. 810.09(2)(d).
1226	11.  Any stop sign.
1227	12.  Anhydrous ammonia.
1228
1229	However, if the property is stolen within a county that is
1230	subject to a state of emergency declared by the Governor under
1231	chapter 252, the property is stolen after the declaration of
1232	emergency is made, and the perpetration of the theft is
1233	facilitated by conditions arising from the emergency, the
1234	offender commits a felony of the second degree, punishable as
1235	provided in s. 775.082, s. 775.083, or s. 775.084, if the
1236	property is valued at $5,000 or more, but less than $10,000, as
1237	provided under subparagraph 2., or if the property is valued at
1238	$10,000 or more, but less than $20,000, as provided under
1239	subparagraph 3. As used in this paragraph, the term "conditions
1240	arising from the emergency" means civil unrest, power outages,
1241	curfews, voluntary or mandatory evacuations, or a reduction in
1242	the presence of or the response time for first responders or
1243	homeland security personnel. For purposes of sentencing under
1244	chapter 921, a felony offense that is reclassified under this
1245	paragraph is ranked one level above the ranking under s.
1246	921.0022 or s. 921.0023 of the offense committed.
1247	Section 45.  Paragraphs (f) and (g) of subsection (1) of
1248	section 812.015, Florida Statutes, are amended to read:
1249	812.015  Retail and farm theft; transit fare evasion;
1250	mandatory fine; alternative punishment; detention and arrest;
1251	exemption from liability for false arrest; resisting arrest;
1252	penalties.-
1253	(1)  As used in this section:
1254	(f)  "Farmer" means a person who is engaging in the growing
1255	or producing of farm produce, milk products, honey, eggs, or
1256	meat, either part time or full time, for personal consumption or
1257	for sale and who is the owner or lessee of the land or a person
1258	designated in writing by the owner or lessee to act as her or
1259	his agent. No person defined as a farm labor contractor pursuant
1260	to s. 450.28 shall be designated to act as an agent for purposes
1261	of this section.
1262	(g)  "Farm theft" means the unlawful taking possession of
1263	any items that are grown or produced on land owned, rented, or
1264	leased by another person. The term includes the unlawful taking
1265	possession of equipment and associated materials used to grow or
1266	produce farm products as defined in s. 823.14(3)(c).
1267	Section 46.  The sum of $744,000 in nonrecurring funds is
1268	appropriated to the Department of Agriculture and Consumer
1269	Services from the Florida Forever Trust Fund for the 2011-2012
1270	fiscal year in the Fixed Capital Outlay-Agency Managed-Land
1271	Management appropriation category pursuant to s. 259.105(3)(f),
1272	Florida Statutes.
1273	Section 47.  This act shall take effect July 1, 2011.

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