CS/CS/HB 7215

1
A bill to be entitled
2An act relating to the Department of Agriculture and
3Consumer Services; amending s. 20.14, F.S.; deleting a
4provision establishing the Division of Dairy within the
5department; amending s. 193.461, F.S.; redefining the term
6"agricultural purposes" as it relates to the assessment of
7land classified as agricultural by the property appraiser;
8amending s. 215.981, F.S.; exempting certain direct-
9support organizations and citizen support organizations
10for the department from obtaining an independent audit;
11requiring the department to establish accounting and
12financial management guidelines for such organizations and
13annually review the operations and finances of a selected
14number of such organizations; amending s. 253.02, F.S.;
15providing for the grantee of easements for electrical
16transmission to pay the lead manager of the state-owned
17lands or, when there is no lead manager, the Department of
18Environmental Protection if suitable replacement uplands
19cannot be identified; amending s. 261.04, F.S.; deleting
20provisions requiring the reimbursement of members of the
21Off-Highway Vehicle Recreation Advisory Committee for per
22diem and travel expenses; amending s. 381.0014, F.S., to
23conform to changes made by the act; amending s. 482.051,
24F.S.; providing additional methods for pest control
25licensees to give certain emergency notice to the
26Department of Agriculture and Consumer Services before
27performing general fumigation; amending s. 482.071, F.S.;
28revising the minimum bodily injury and property damage
29insurance coverage required for pest control businesses;
30creating s. 482.072, F.S.; providing for licensure by the
31department of pest control customer contact centers;
32providing application requirements; providing for fees,
33licensure renewal, licensure expiration, transfer of
34licenses, and penalties; creating s. 482.157, F.S.;
35providing for limited certification of commercial wildlife
36trappers; providing requirements for certification,
37examination, and fees; limiting the scope of work
38permitted by certificateholders; amending s. 482.183,
39F.S.; providing that licensees and certificateholders who
40practice accepted pest control methods are immune from
41liability for violating laws prohibiting cruelty to
42animals; providing for applicability; amending s. 482.226,
43F.S.; revising the minimum financial responsibility
44requirements for licensees that perform wood-destroying
45organism inspections; amending s. 482.243, F.S.; deleting
46provisions relating to the reimbursement of members of the
47Pest Control Enforcement Advisory Council for expenses;
48amending s. 487.041, F.S.; providing that registration,
49supplemental, and late fees related to the registration of
50pesticide brands with the department are nonrefundable;
51providing requirements for label revisions of pesticide
52brands; providing requirements for label revisions that
53must be reviewed by the United States Environmental
54Protection Agency; requiring payments of pesticide
55registration fees to be submitted electronically by a date
56certain; amending s. 487.0615, F.S.; deleting provisions
57requiring the reimbursement of members of the Pesticide
58Review Council for per diem and travel expenses; amending
59s. 500.70, F.S.; requiring certain persons who produce,
60harvest, pack, or repack tomatoes to register each
61location of a tomato farm, tomato greenhouse, tomato
62packinghouse, or tomato repacker by a specified date;
63authorizing the department to set a registration fee;
64requiring that funds collected be deposited into the
65General Inspection Trust Fund; revising the title of
66chapter 502, F.S.; amending s. 502.012, F.S.; defining
67terms related to the department's regulation of frozen
68desserts; amending s. 502.013, F.S.; revising legislative
69purpose and intent, to conform; amending s. 502.014, F.S.;
70revising the department's powers and duties; authorizing
71the department to administer and enforce regulations of
72frozen desserts and frozen dessert mix; revising the
73federal publication upon which certain milk sanitation
74ratings are based; authorizing the department to adopt
75rules; repealing s. 502.032, F.S., relating to milkfat
76tester's permits and permit fees; amending s. 502.053,
77F.S.; providing permitting and licensing requirements and
78imposing permit and license fees for frozen dessert plants
79and milkfat testers; providing certain reporting
80requirements for frozen dessert plant permitholders;
81providing certain recordkeeping requirements for licensed
82milkfat testers; providing an exemption; amending s.
83502.054, F.S.; requiring the department to inspect certain
84frozen desserts and frozen dessert plants; amending s.
85502.091, F.S.; authorizing sales of certain ice cream and
86frozen desserts; amending s. 502.121, F.S.; restricting
87the construction or extensive alteration of frozen dessert
88plants; amending ss. 502.181 and 502.231, F.S.;
89prohibiting certain acts related to the regulation of
90frozen desserts; providing penalties; amending s. 502.232,
91F.S.; preempting to the state the local regulation of
92frozen desserts at wholesale; repealing chapter 503, F.S.,
93relating to the state's regulation of frozen desserts,
94enforcement and penalties for violations of such
95regulations, licensure of frozen dessert plants, and
96preemption of municipal and county regulations of frozen
97desserts; amending ss. 527.22 and 559.9221, F.S.; deleting
98provisions authorizing the reimbursement of members of the
99Florida Propane Gas Education, Safety, and Research
100Council and the Motor Vehicle Repair Advisory Council for
101per diem and travel expenses; amending s. 570.07, F.S.;
102revising the department's authority to enforce laws
103relating to commercial stock feeds and commercial
104fertilizers; exempting certain counties from such
105enforcement; revising the powers and duties of the
106department relating to pollution control and the
107prevention of wildfires; conforming provisions; amending
108s. 570.0705, F.S.; deleting provisions requiring the
109reimbursement for per diem and travel expenses of members
110of certain ad hoc advisory committees appointed by the
111Commissioner of Agriculture; amending s. 570.074, F.S.;
112renaming the Office of Water Coordination and revising its
113policy jurisdiction; amending s. 570.18, F.S., to conform;
114amending s. 570.23, F.S.; deleting provisions requiring
115the reimbursement of members of the State Agricultural
116Advisory Council for per diem and travel expenses;
117amending s. 570.29, F.S.; deleting a provision
118establishing the Division of Dairy Industry within the
119department; amending ss. 570.38 and 570.382, F.S.;
120deleting provisions requiring the reimbursement of members
121of the Animal Industry Technical Council and the Arabian
122Horse Council for per diem and travel expenses; repealing
123ss. 570.40 and 570.41, F.S., relating to the powers and
124duties of the Division of Dairy within the department and
125the qualifications and duties of the division's director;
126amending s. 570.42, F.S.; deleting provisions requiring
127the reimbursement of members of the Dairy Industry
128Technical Council for per diem and travel expenses;
129amending s. 570.50, F.S.; conforming provisions; requiring
130the Division of Food Safety within the department to
131inspect certain dairy farms and plants, perform certain
132analyses and tests, and enforce certain rules and
133provisions of law; amending s. 570.51, F.S., to conform;
134amending s. 570.543, F.S.; deleting provisions requiring
135the reimbursement of members of the Florida Consumers'
136Council for per diem and travel expenses; amending s.
137570.954, F.S.; removing the requirement that the
138department coordinate with and solicit the expertise of
139the state energy office when developing the farm-to-fuel
140initiative; amending ss. 571.28, 573.112, 576.091,
141580.151, 581.186, and 586.161, F.S.; deleting provisions
142requiring the reimbursement of members of the Florida
143Agricultural Promotional Campaign Advisory Council,
144certain ad hoc advisory councils appointed to advise the
145department concerning the issuance of marketing orders,
146the Fertilizer Technical Council, the Commercial Feed
147Technical Council, the Endangered Plant Advisory Council,
148and the Honeybee Technical Council for per diem and travel
149expenses; amending s. 590.015, F.S.; revising and
150providing definitions for purposes of forest protection;
151amending s. 590.02, F.S.; authorizing forest operations
152administrators to be certified as forestry firefighters;
153granting the department certain exclusive authority over
154the Florida Building Code; authorizing the department to
155retain, transfer, warehouse, bid, destroy, scrap, or
156dispose of certain surplus equipment and vehicles;
157authorizing the department to retain any moneys received
158from the disposition of certain state-owned equipment and
159vehicles; providing that moneys received may be used for
160the acquisition of certain exchange and surplus equipment
161and all necessary operating expenditures related to the
162equipment; requiring the department to maintain records of
163the accounts into which the money is deposited; granting
164the department exclusive authority to require and issue
165authorizations for broadcast burning, agricultural pile
166burning, and silvicultural pile burning; preempting other
167governmental entities from adopting laws, regulations,
168rules, or policies pertaining to broadcast burning,
169agricultural pile burning, or silvicultural pile burning
170unless an emergency order has been declared; authorizing
171the department to delegate its authority to a county or
172municipality to issue authorizations for the burning of
173yard trash and debris from land-clearing operations;
174amending s. 590.125, F.S.; revising and providing
175definitions relating to open burning authorizations;
176specifying purposes of certified prescribed burning;
177requiring the division's authorization for certified pile
178burning; providing pile burning requirements; limiting the
179liability of property owners or agents engaged in pile
180burning; providing for the certification of pile burners;
181providing penalties for violations by certified pile
182burners; requiring the division to adopt rules to regulate
183certified pile burning; revising notice requirements for
184wildfire hazard reduction treatments; requiring division
185approval of local government open burning authorization
186programs; providing program requirements; authorizing the
187division to resume administration of a local government's
188program under certain circumstances; providing penalties
189for violations of local government open burning
190requirements; amending s. 590.14, F.S.; authorizing a
191division employee to issue a notice of violation for any
192division rule; authorizing the division to impose an
193administrative fine for a violation of any division rule;
194providing penalties for certain violations; providing
195legislative intent; amending ss. 597.005 and 599.002,
196F.S.; deleting provisions requiring the reimbursement of
197members of the Aquaculture Review Council and the
198Viticulture Advisory Council for per diem and travel
199expenses; amending s. 616.17, F.S.; providing certain
200authorities or fair associations with immunity from
201liability for damages resulting from exhibits and
202concessions at public fairs; providing exceptions;
203amending s. 616.252, F.S.; providing for the appointment
204and term of a nonvoting youth member of the Florida State
205Fair Authority; deleting provisions requiring staggered
206terms; prohibiting the reimbursement of members of the
207Florida State Fair Authority for per diem and travel
208expenses; excluding the youth member from compensation for
209special or full-time service performed on behalf of the
210authority; amending s. 812.014, F.S.; providing penalties
211for the theft of bee colonies of registered beekeepers;
212amending s. 812.015, F.S.; redefining the term "farmer" to
213include a person who grows or produces honey; redefining
214the term "farm theft" to include the unlawful taking
215possession of equipment and associated materials used to
216grow or produce certain farm products; providing an
217appropriation; providing an effective date.
218
219Be It Enacted by the Legislature of the State of Florida:
220
221     Section 1.  Paragraphs (g) through (m) of subsection (2) of
222section 20.14, Florida Statutes, are redesignated as paragraphs
223(f) through (l), respectively, and present paragraph (f) of that
224subsection is amended to read:
225     20.14  Department of Agriculture and Consumer Services.-
226There is created a Department of Agriculture and Consumer
227Services.
228     (2)  The following divisions of the Department of
229Agriculture and Consumer Services are established:
230     (f)  Dairy Industry.
231     Section 2.  Subsection (5) of section 193.461, Florida
232Statutes, is amended to read:
233     193.461  Agricultural lands; classification and assessment;
234mandated eradication or quarantine program.-
235     (5)  For the purpose of this section, "agricultural
236purposes" includes, but is not limited to, horticulture;
237floriculture; viticulture; forestry; dairy; livestock; poultry;
238bee; pisciculture, when the land is used principally for the
239production of tropical fish; aquaculture; sod farming; and all
240forms of farm products as defined in s. 823.14(3) and farm
241production.
242     Section 3.  Subsection (2) of section 215.981, Florida
243Statutes, is amended to read:
244     215.981  Audits of state agency direct-support
245organizations and citizen support organizations.-
246     (2)  Notwithstanding the provisions of subsection (1),
247direct-support organizations and citizen support organizations
248for the Department of Environmental Protection or direct-support
249organizations and citizen support organizations for the
250Department of Agriculture and Consumer Services that are not for
251profit and that have annual expenditures of less than $300,000
252are not required to have an independent audit. The respective
253department shall establish accounting and financial management
254guidelines for those organizations under its the department's
255jurisdiction. Each year, the respective department shall conduct
256operational and financial reviews of a selected number of
257direct-support organizations or citizen support organizations
258that which fall below the audit threshold established in this
259subsection.
260     Section 4.  Paragraph (b) of subsection (2) of section
261253.02, Florida Statutes, is amended to read:
262     253.02  Board of trustees; powers and duties.-
263     (2)
264     (b)  The authority of the board of trustees to grant
265easements for rights-of-way over, across, and upon uplands the
266title to which is vested in the board of trustees for the
267construction and operation of electric transmission and
268distribution facilities and related appurtenances is hereby
269confirmed. The board of trustees may delegate to the Secretary
270of Environmental Protection the authority to grant such
271easements on its behalf. All easements for rights-of-way over,
272across, and upon uplands the title to which is vested in the
273board of trustees for the construction and operation of electric
274transmission and distribution facilities and related
275appurtenances which are approved by the Secretary of
276Environmental Protection pursuant to the authority delegated by
277the board of trustees shall meet the following criteria:
278     1.  Such easements shall not prevent the use of the state-
279owned uplands adjacent to the easement area for the purposes for
280which such lands were acquired and shall not unreasonably
281diminish the ecological, conservation, or recreational values of
282the state-owned uplands adjacent to the easement area.
283     2.  There is no practical and prudent alternative to
284locating the linear facility and related appurtenances on state-
285owned upland. For purposes of this subparagraph, the test of
286practicality and prudence shall compare the social, economic,
287and environmental effects of the alternatives.
288     3.  Appropriate steps are taken to minimize the impacts to
289state-owned uplands. Such steps may include:
290     a.  Siting of facilities so as to reduce impacts and
291minimize fragmentation of the overall state-owned parcel;
292     b.  Avoiding significant wildlife habitat, wetlands, or
293other valuable natural resources to the maximum extent
294practicable; or
295     c.  Avoiding interference with active land management
296practices, such as prescribed burning.
297     4.  Except for easements granted as a part of a land
298exchange to accomplish a recreational or conservation benefit or
299other public purpose, in exchange for such easements, the
300grantee pays an amount equal to the market value of the interest
301acquired. In addition, for the initial grant of such easements
302only, the grantee shall provide additional compensation by
303vesting in the board of trustees fee simple title to other
304available uplands that are 1.5 times the size of the easement
305acquired by the grantee. The Secretary of Environmental
306Protection shall approve the property to be acquired on behalf
307of the board of trustees based on the geographic location in
308relation to the land proposed to be under easement and a
309determination that economic, ecological, and recreational value
310is at least equivalent to the value of the lands under proposed
311easement. Priority for replacement uplands shall be given to
312parcels identified as inholdings and additions to public lands
313and lands on a Florida Forever land acquisition list. However,
314if suitable replacement uplands cannot be identified, the
315grantee shall provide additional compensation for the initial
316grant of such easements only by paying to the lead manager of
317the state-owned lands or, when there is no lead manager, by
318paying to the department an amount equal to two times the
319current market value of the state-owned land or the highest and
320best use value at the time of purchase, whichever is greater.
321When determining such use of funds, priority shall be given to
322parcels identified as inholdings and additions to public lands
323and lands on a Florida Forever land acquisition list.
324     Section 5.  Subsection (5) of section 261.04, Florida
325Statutes, is amended to read:
326     261.04  Off-Highway Vehicle Recreation Advisory Committee;
327members; appointment.-
328     (5)  The members of the advisory committee shall serve
329without compensation, but shall be reimbursed for travel and per
330diem expenses as provided in s. 112.061, while in the
331performance of their official duties.
332     Section 6.  Section 381.0014, Florida Statutes, is amended
333to read:
334     381.0014  Regulations and ordinances superseded.-The rules
335adopted by the department under the provisions of this chapter
336shall, as to matters of public health, supersede all rules
337enacted by other state departments, boards or commissions, or
338ordinances and regulations enacted by municipalities, except
339that this chapter does not alter or supersede any of the
340provisions set forth in chapter chapters 502 and 503 or any rule
341adopted under that chapter the authority of those chapters.
342     Section 7.  Subsection (4) of section 482.051, Florida
343Statutes, is amended to read:
344     482.051  Rules.-The department has authority to adopt rules
345pursuant to ss. 120.536(1) and 120.54 to implement the
346provisions of this chapter. Prior to proposing the adoption of a
347rule, the department shall counsel with members of the pest
348control industry concerning the proposed rule. The department
349shall adopt rules for the protection of the health, safety, and
350welfare of pest control employees and the general public which
351require:
352     (4)  That a licensee, before performing general fumigation,
353notify in writing the department inspector having jurisdiction
354over the location where the fumigation is to be performed, which
355notice must be received by the department inspector at least 24
356hours before in advance of the fumigation and must contain such
357information as the department requires. However, in an authentic
358and verifiable emergency, when 24 hours' advance notice
359notification is not possible, advance notice may be given by
360telephone, facsimile, or any form of acceptable electronic
361communication, telegraph notice may be given; but such notice
362must be immediately followed by written confirmation providing
363the required information.
364     Section 8.  Subsection (4) of section 482.071, Florida
365Statutes, is amended to read:
366     482.071  Licenses.-
367     (4)  A licensee may not operate a pest control business
368without carrying the required insurance coverage. Each person
369making application for a pest control business license or
370renewal thereof must furnish to the department a certificate of
371insurance that meets the requirements for minimum financial
372responsibility for bodily injury and property damage consisting
373of:
374     (a)  Bodily injury: $250,000 per $100,000 each person and
375$500,000 per $300,000 each occurrence; and property damage:
376$250,000 per $50,000 each occurrence and $500,000 $100,000 in
377the aggregate; or
378     (b)  Combined single-limit coverage: $500,000 $400,000 in
379the aggregate.
380     Section 9.  Section 482.072, Florida Statutes, is created
381to read:
382     482.072  Pest control customer contact centers.-
383     (1)  The department may issue a license to a qualified
384business to operate a customer contact center, to solicit pest
385control business, or to provide services to customers for one or
386more business locations licensed under s. 482.071. A person may
387not operate a customer contact center for a pest control
388business that is not licensed by the department.
389     (2)(a)  Before operating a customer contact center, and
390biennially thereafter, on or before an anniversary date set by
391the department for a licensed customer contact center location,
392the pest control business must apply to the department for a
393license under this chapter, or a renewal thereof, for each
394customer contact center location. An application must be
395submitted in the format prescribed by the department.
396     (b)  The department shall establish a fee of at least $600,
397but not more than $1,000, for the issuance of a customer contact
398center license and a fee of at least $600, but not more than
399$1,000, for renewal of a customer contact center license.
400However, until rules for renewal fees are adopted, the initial
401licensing fee and renewal fee are each $600. The department
402shall establish a grace period, not to exceed 30 calendar days
403after the license's anniversary renewal date, and shall assess a
404late fee of $150, in addition to the renewal fee, for a license
405that is renewed after the grace period.
406     (c)  A license automatically expires 60 calendar days after
407the anniversary renewal date unless the license is renewed
408before that date. When a license expires, it may be reinstated
409only upon reapplication and payment of the license renewal fee
410and a late renewal fee.
411     (d)  A license automatically expires if a licensee changes
412the business address of its customer contact center location.
413The department shall issue a new license upon payment of a $250
414fee. The new license automatically expires 60 calendar days
415after the anniversary renewal date of the former license unless
416the license is renewed before that date.
417     (e)  The department may not issue or renew a license to
418operate a customer contact center unless the pest control
419business licensees for which the customer contact center
420solicits business are owned in common by a person or business
421entity recognized by this state.
422     (f)  The department may deny a license or refuse to renew a
423license if the applicant or licensee, or one or more of the
424applicant's or licensee's directors, officers, owners, or
425general partners, are or have been directors, officers, owners,
426or general partners of a pest control business that meets the
427conditions in s. 482.071(2)(g).
428     (g)  Sections 482.091 and 482.152 do not apply to a person
429who solicits pest control services or provides customer service
430in a licensed customer contact center unless the person performs
431pest control as defined in s. 482.021(22)(a)-(d), executes a
432pest control contract, or accepts remuneration for such work.
433     (h)  Section 482.071(2)(e) does not apply to a license
434issued under this section.
435     (3)(a)  The department shall adopt rules establishing
436requirements and procedures for customer contact center
437recordkeeping and monitoring to ensure compliance with this
438section and rules adopted in accordance with this section.
439     (b)  Notwithstanding any other provision of this section:
440     1.  A customer contact center licensee is subject to
441disciplinary action under s. 482.161 for a violation of this
442section or a rule adopted under this section committed by a
443person who solicits pest control services or provides customer
444service in a customer contact center.
445     2.  A pest control business licensee may be subject to
446disciplinary action under s. 482.161 for a violation of this
447section or a rule adopted under this section committed by a
448person who solicits pest control services or provides customer
449service in a customer contact center operated by a licensee if
450the licensee participates in the violation.
451     Section 10.  Section 482.157, Florida Statutes, is created
452to read:
453     482.157  Limited certification for commercial wildlife
454management personnel.-
455     (1)  The department shall establish a limited certificate
456that authorizes a person who engages in the commercial trapping
457of wildlife to use nonchemical methods, including traps,
458mechanical or electronic devices, and exclusionary techniques to
459control commensal rodents.
460     (2)  The department shall issue a limited certificate to an
461applicant who:
462     (a)  Submits an application and examination fee of at least
463$150, but not more than $300, as prescribed by the department by
464rule;
465     (b)  Passes an examination administered by the department.
466The department shall provide the appropriate study materials for
467the examination and make the examination readily available to
468applicants in each county as necessary, but not less frequently
469than quarterly; and
470     (c)  Provides proof, including a certificate of insurance,
471that the applicant has met the minimum bodily injury and
472property damage insurance requirements in s. 482.071(4).
473     (3)  An application for recertification must be made
474annually and be accompanied by a recertification fee of at least
475$75, but not more than $150, as prescribed by the department by
476rule. The application must also be accompanied by proof of
477completion of the required 4 classroom hours of acceptable
478continuing education and the required proof of insurance. After
479a grace period not exceeding 30 calendar days after the
480recertification renewal date, the department shall assess a late
481fee of $50 in addition to the renewal fee. A certificate
482automatically expires 180 days after the recertification date if
483the renewal fee has not been paid. After expiration, the
484department shall issue a new certificate only if the applicant
485successfully passes a reexamination and pays the examination fee
486and late fee.
487     (4)  Certification under this section does not authorize:
488     (a)  The use of pesticides or chemical substances, other
489than adhesive materials, to control rodents or other nuisance
490wildlife in, on, or under structures;
491     (b)  Operation of a pest control business; or
492     (c)  Supervision of an uncertified person using nonchemical
493methods to control rodents.
494     Section 11.  Section 482.183, Florida Statutes, is amended
495to read:
496     482.183  Limitations.-
497     (1)(a)  A person may not be charged with a violation of
498this chapter or any rule adopted pursuant to this chapter more
499than 3 years after the date of the violation.
500     (b)(2)  For the purpose of this subsection section, a
501charge of violation is considered to have been made upon the
502issuance of a notice or citation by the department charging such
503violation.
504     (2)  A person licensed or certified under this chapter who
505practices accepted pest control methods is immune from liability
506under s. 828.12.
507     (3)  This chapter does not exempt a person from the rules,
508regulations, or orders of the Fish and Wildlife Conservation
509Commission.
510     Section 12.  Subsection (6) of section 482.226, Florida
511Statutes, is amended to read:
512     482.226  Wood-destroying organism inspection report; notice
513of inspection or treatment; financial responsibility.-
514     (6)  Any licensee that performs wood-destroying organism
515inspections in accordance with subsection (1) must meet minimum
516financial responsibility in the form of errors and omissions
517(professional liability) insurance coverage or bond in an amount
518no less than $500,000 $50,000 in the aggregate and $250,000
519$25,000 per occurrence, or demonstrate that the licensee has
520equity or net worth of no less than $500,000 $100,000 as
521determined by generally accepted accounting principles
522substantiated by a certified public accountant's review or
523certified audit. The licensee must show proof of meeting this
524requirement at the time of license application or renewal
525thereof.
526     Section 13.  Subsection (6) of section 482.243, Florida
527Statutes, is amended to read:
528     482.243  Pest Control Enforcement Advisory Council.-
529     (6)  The meetings, powers and duties, procedures, and
530recordkeeping, and reimbursement of expenses of members of the
531council shall be in accordance with the provisions of s.
532570.0705 relating to advisory committees established within the
533department.
534     Section 14.  Paragraph (a) of subsection (1) of section
535487.041, Florida Statutes, is amended, and paragraphs (h), (i),
536and (j) are added to that subsection, to read:
537     487.041  Registration.-
538     (1)(a)  Effective January 1, 2009, each brand of pesticide,
539as defined in s. 487.021, which is distributed, sold, or offered
540for sale, except as provided in this section, within this state
541or delivered for transportation or transported in intrastate
542commerce or between points within this state through any point
543outside this state must be registered in the office of the
544department, and such registration shall be renewed biennially.
545Emergency exemptions from registration may be authorized in
546accordance with the rules of the department. The registrant
547shall file with the department a statement including:
548     1.  The name, business mailing address, and street address
549of the registrant.
550     2.  The name of the brand of pesticide.
551     3.  An ingredient statement and a complete current copy of
552the labeling accompanying the brand of the pesticide, which must
553conform to the registration, and a statement of all claims to be
554made for it, including directions for use and a guaranteed
555analysis showing the names and percentages by weight of each
556active ingredient, the total percentage of inert ingredients,
557and the names and percentages by weight of each "added
558ingredient."
559     (h)  All registration fees, including supplemental fees and
560late fees, are nonrefundable.
561     (i)  For any currently registered pesticide product brand
562that undergoes labeling revisions during the registration
563period, the registrant shall submit to the department a copy of
564the revised labeling along with a cover letter detailing such
565revisions before the sale or distribution in this state of the
566product brand with the revised labeling. If the labeling
567revisions require notification of an amendment review by the
568United States Environmental Protection Agency, the registrant
569shall submit an additional copy of the labeling marked to
570identify those revisions.
571     (j)  Effective January 1, 2013, all payments of any
572pesticide registration fees, including supplemental fees and
573late fees, shall be submitted electronically using the
574department's Internet website for registration of pesticide
575product brands.
576     Section 15.  Subsection (5) of section 487.0615, Florida
577Statutes, is amended to read:
578     487.0615  Pesticide Review Council.-
579     (5)  Members of the council shall receive no compensation
580for their services, but are entitled to be reimbursed for per
581diem and travel expenses as provided in s. 112.061.
582     Section 16.  Subsection (6) of section 500.70, Florida
583Statutes, is renumbered as subsection (7), and a new subsection
584(6) is added to that section to read:
585     500.70  Tomato food safety standards; inspections;
586penalties; tomato good agricultural practices; tomato best
587management practices.-
588     (6)  Any person who produces, harvests, packs, or repacks
589tomatoes in this state and does not hold a food permit issued
590under s. 500.12 shall annually register each location of a
591tomato farm, tomato greenhouse, tomato packinghouse, or tomato
592repacker by August 1 on a form prescribed by the department. Any
593person who produces, harvests, packs, or repacks tomatoes at
594more than one location may submit one registration for all such
595locations but must provide the physical address of each
596location. The department may set by rule an annual registration
597fee not to exceed $500. Moneys collected pursuant to this
598subsection shall be deposited into the General Inspection Trust
599Fund.
600     Section 17.  The title of chapter 502, Florida Statutes, is
601redesignated as "MILK, MILK PRODUCTS, AND FROZEN DESSERTS."
602     Section 18.  Section 502.012, Florida Statutes, is amended
603to read:
604     502.012  Definitions.-As used in this chapter, the term The
605following definitions shall apply in the interpretation and
606enforcement of this law:
607     (1)  "Bulk milk pickup tanker" means a vehicle, including
608the truck and tank, and necessary attachments, used by a milk
609hauler to transport bulk raw milk for pasteurization from a
610dairy farm to a milk plant, receiving station, or transfer
611station.
612     (2)  "Dairy farm" means any place or premises where one or
613more cows, goats, sheep, water buffalo, or other hooved mammals
614are kept and from which a part or all of the milk is provided,
615sold, or offered for sale.
616     (3)  "Department" means the Department of Agriculture and
617Consumer Services.
618     (4)  "Frozen dessert" means a specific standardized frozen
619dessert described in 21 C.F.R. part 135 and any other food
620defined by rule of the department that resembles such
621standardized frozen dessert but does not conform to the specific
622description of such standardized frozen dessert in 21 C.F.R.
623part 135. The term includes, but is not limited to, a
624quiescently frozen confection, a quiescently frozen dairy
625confection, a frozen dietary dairy dessert, and a frozen dietary
626dessert.
627     (5)  "Frozen desserts manufacturer" means a person who
628manufactures, processes, converts, partially freezes, or freezes
629any mix or frozen dessert for distribution or sale.
630     (6)  "Frozen desserts plant" means any location or premises
631at which frozen desserts or mix are manufactured, processed, or
632frozen for distribution or sale at wholesale.
633     (7)  "Frozen desserts retail establishment" means any
634location or premises, including a retail store, stand, hotel,
635boardinghouse, restaurant, vehicle, or mobile unit, at which
636frozen desserts are frozen, partially frozen, or dispensed for
637sale at retail.
638     (8)  "Frozen dietary dairy dessert" or "frozen dietary
639dessert" means a food for any special dietary use, prepared by
640freezing, with or without agitation, and composed of a
641pasteurized mix that may contain fat, protein, carbohydrates,
642natural or artificial sweeteners, flavoring, stabilizers,
643emulsifiers, vitamins, and minerals.
644     (9)(4)  "Grade 'A' pasteurized milk ordinance" means the
645document entitled "Grade 'A' Pasteurized Milk Ordinance, United
646States Department of Health and Human Services, Public Health
647Service, Food and Drug Administration," including all associated
648appendices, as adopted by department rule.
649     (10)(5)  "Imitation milk and imitation milk products" means
650those foods that have the physical characteristics, such as
651taste, flavor, body, texture, or appearance, of milk or milk
652products as defined in this chapter and the Grade "A"
653pasteurized milk ordinance but do not come within the definition
654of "milk" or "milk products" and are nutritionally inferior to
655the product imitated.
656     (11)(6)  "Milk" means the lacteal secretion, practically
657free from colostrum, obtained by the complete milking of one or
658more healthy cows, goats, sheep, water buffalo, or other hooved
659mammals.
660     (12)(7)  "Milk distributor" means any person who offers for
661sale or sells to another person any milk or milk product.
662     (13)(8)  "Milk products" means products made with milk that
663is processed in some manner, including being whipped, acidified,
664cultured, concentrated, lactose-reduced, or sodium-reduced or
665aseptically processed, or having the addition or subtraction of
666milkfat, the addition of safe and suitable microbial organisms,
667or the addition of safe and suitable optional ingredients for
668protein, vitamin, or mineral fortification. "Milk products" do
669not include products such as evaporated milk, condensed milk,
670eggnog in a rigid metal container, dietary products, infant
671formula, or ice cream and other desserts.
672     (14)(9)  "Milkfat" or "butterfat" means the fat contained
673in milk.
674     (15)(10)  "Milk hauler" means any person who transports raw
675milk or raw milk products to or from a milk plant, receiving
676station, or transfer station.
677     (16)(11)  "Milk plant" means any place, premises, or
678establishment where milk or milk products are collected,
679handled, processed, stored, pasteurized, aseptically processed,
680bottled, or prepared for distribution.
681     (17)(12)  "Milk plant operator" means any person
682responsible for receiving, processing, pasteurizing, or
683packaging milk and milk products, or performing any other
684related operation.
685     (18)(13)  "Milk producer" means any person who operates a
686dairy farm and provides, sells, or offers for sale milk to a
687milk plant, receiving station, or transfer station.
688     (19)(14)  "Milk tank truck" means either a bulk milk pickup
689tanker or a milk transport tank.
690     (20)(15)  "Milk transport tank" means a vehicle, including
691the truck and tank, used by a milk hauler to transport bulk
692shipments of milk from a milk plant, receiving station, or
693transfer station to another milk plant, receiving station, or
694transfer station.
695     (21)  "Quiescently frozen confection" means a clean and
696wholesome frozen, sweetened, flavored product that, while being
697frozen, was not stirred or agitated (generally known as
698quiescent freezing). The confection may be acidulated with food-
699grade acid, may contain milk solids or water, or may be made
700with or without added harmless pure or imitation flavoring and
701with or without harmless coloring. The finished product must not
702contain more than 0.5 percent by weight of stabilizer composed
703of wholesome, edible material and must not contain less than 17
704percent by weight of total food solids. In the production of the
705confection, processing or mixing before quiescent freezing that
706develops in the finished confection mix any physical expansion
707in excess of 10 percent may not be used.
708     (22)  "Quiescently frozen dairy confection" means a clean
709and wholesome frozen product made from water, milk products, and
710sugar, with added harmless pure or imitation flavoring, with or
711without added harmless coloring, with or without added
712stabilizer, or with or without added emulsifier, that, while
713being frozen, was not stirred or agitated (generally known as
714quiescent freezing). The confection must not contain less than
71513 percent by weight of total milk solids, less than 33 percent
716by weight of total food solids, more than 0.5 percent by weight
717of stabilizer, or more than 0.2 percent of weight by emulsifier.
718Stabilizer and emulsifier must be composed of wholesome, edible
719material. In the production of a quiescently frozen dairy
720confection, processing or mixing before quiescently freezing
721that develops in the finished confection mix any physical
722expansion in excess of 10 percent may not be used.
723     (23)(16)  "Raw milk" means unprocessed milk.
724     (24)(17)  "Receiving station" means any place, premises, or
725establishment where raw milk is received, collected, handled,
726stored, or cooled and is prepared for further transporting.
727     (25)(18)  "Substitute milk and substitute milk products"
728means those foods that have the physical characteristics, such
729as taste, flavor, body, texture, or appearance, of milk or milk
730products as defined in this chapter and the Grade "A"
731pasteurized milk ordinance but do not come within the definition
732of "milk" or "milk products" and are nutritionally equivalent to
733the product for which they are substitutes.
734     (26)(19)  "Transfer station" means any place, premises, or
735establishment where milk or milk products are transferred
736directly from one milk tank truck to another.
737     (27)(20)  "Washing station" means any place, premises, or
738establishment where milk tank trucks are cleaned and sanitized.
739     Section 19.  Section 502.013, Florida Statutes, is amended
740to read:
741     502.013  Purpose; intent.-
742     (1)  PURPOSE.-The purpose of this chapter is to:
743     (a)  Ensure, without undue burden on either the regulatory
744agency or the dairy industry, that milk, and milk products,
745frozen desserts, and frozen dessert mix sold or offered for sale
746in this state are produced under sanitary conditions, are
747wholesome and fit for human consumption, and are correctly
748labeled as to grade, quality, and source of production.
749     (b)  Encourage uniformity and a high level of sanitation in
750milk and frozen dessert production practices in this state.
751     (c)  Facilitate the shipment and acceptance of milk and
752milk products of high sanitary quality in interstate and
753intrastate commerce.
754     (d)  Ensure the normal flow of fresh wholesome milk and
755milk products from the farmer to the consumer by uniform
756regulation of the shelf life of milk and milk products in this
757state.
758     (2)  INTENT.-
759     (a)  It is the intent of the Legislature to:
760     1.  Eliminate, to the extent practicable, overlapping and
761unnecessary inspections of dairy farms, and milk plants, and
762frozen dessert plants which may be performed by any agency of
763state or local government.
764     2.  Pay for the regulation of milk and milk products,
765except as otherwise provided in s. 502.053 502.032, through the
766General Revenue Fund.
767     (b)  It is not the intent of the Legislature to limit the
768authority of any agency of state or local government to take
769immediate action incident to the production, processing, or
770distribution of milk, and milk products, and frozen desserts
771when such action is necessary to protect the public health.
772     Section 20.  Subsections (1), (2), (6), and (7) of section
773502.014, Florida Statutes, are amended to read:
774     502.014  Powers and duties.-
775     (1)  The department shall administer and enforce all
776regulatory laws currently in effect governing:
777     (a)  The production, processing, and distribution of milk,
778and milk products, frozen desserts, and frozen dessert mix.
779     (b)  The sanitation and sanitary practices of
780establishments where food and drink, including milk and milk
781products, are sold for consumption on the premises, except food
782service establishments regulated under chapters 381 and 509.
783     (c)  The sanitary and healthful condition of the food and
784drink sold or offered for sale by establishments under the
785department's jurisdiction pursuant to paragraph (b).
786     (d)  The laboratory work of testing and analyzing milk, and
787milk products, frozen desserts, and frozen dessert mix.
788     (2)(a)  The department shall conduct onsite inspections of
789dairy farms, and milk plants, and frozen dessert plants and
790collect test samples of milk, and milk products, and frozen
791desserts as required by this chapter.
792     (b)  The department shall designate employees who shall be
793certified by the United States Food and Drug Administration as
794state milk sanitation rating officers, sampling surveillance
795officers, and laboratory evaluation officers in accordance with
796the requirements published in "Methods of Making Sanitation
797Ratings of Milk Shippers Supplies," "Evaluation of Milk
798Laboratories," and "Procedures Governing the Cooperative State-
799Public Health Service/Food and Drug Administration Program for
800Certification of Interstate Milk Shippers," respectively, as
801adopted by department rule. These officers shall conduct routine
802sanitation compliance survey ratings of milk producers, milk
803plants, laboratories, receiving stations, transfer stations, and
804manufacturers of single-service containers for milk and milk
805products. These ratings shall be made in accordance with the
806recommendations of the United States Food and Drug
807Administration published in "Methods of Making Sanitation
808Ratings of Milk Shippers." Standard Methods for the Examination
809of Dairy Products.
810     (6)  The department has authority to adopt rules pursuant
811to ss. 120.536(1) and 120.54 to implement and enforce the
812provisions of this chapter. In adopting these rules, the
813department shall be guided by and may conform to the definitions
814and standards of the administrative procedures and provisions of
815the Grade "A" pasteurized milk ordinance and other applicable
816federal requirements. The rules shall include, but are not
817limited to:
818     (a)  Standards for milk, and milk products, and frozen
819desserts.
820     (b)  Provisions for the production, transportation,
821processing, handling, sampling, examination, grading, labeling,
822and sale of all milk, and milk products, frozen desserts, and
823imitation and substitute milk and milk products sold for public
824consumption in this state.
825     (c)  Provisions for the inspection of dairy herds, dairy
826farms, frozen dessert plants, and milk plants.
827     (d)  Provisions for the issuance and revocation of permits
828issued by the department pursuant to this chapter.
829     (7)  The department shall not conduct routine tests or
830inspections on raw milk that is shipped from outside the state.
831Nothing in this subsection shall be construed to limit the
832authority of the department to review industry records or sample
833milk or frozen desserts at any stage of production, processing,
834or distribution in cases of suspected hazard to public health.
835     Section 21.  Section 502.032, Florida Statutes, is
836repealed.
837     Section 22.  Section 502.053, Florida Statutes, is amended
838to read:
839     502.053  Permits and licenses; fees; requirements;
840exemptions; temporary permits.-
841     (1)  PERMITS AND LICENSES.-
842     (a)  Each Grade "A" milk plant, whether located in the
843state or outside the state, and each manufacturing milk plant,
844milk producer, milk hauler, milk hauling service, washing
845station operator, milk plant operator, milk distributor, single-
846service-container manufacturer, receiving station, and transfer
847station in the state shall apply to the department for a permit
848to operate. The application shall be on forms developed by the
849department.
850     (b)  Each frozen dessert plant, whether located in the
851state or outside the state, that manufactures frozen desserts or
852other products defined in this chapter and offers these products
853for sale in this state must apply to the department for a permit
854to operate. The application must be submitted on forms
855prescribed by the department. All frozen dessert permits expire
856on June 30 of each year.
857     (c)  Any person who tests milk or milk products for milkfat
858content by weight, volume, chemical, electronic, or other method
859when the result of such test is used as a basis for payment for
860the milk or milk products must apply to the department for a
861license. To qualify for a license, the applicant must
862demonstrate a sufficiency of knowledge, ability, and equipment
863to adequately perform milkfat tests. The license shall be issued
864for a period of 2 years after the date of first issuance upon
865application to the department on forms prescribed by the
866department.
867     (d)(b)  Permits and licenses are nontransferable between
868persons or locations and are subject to suspension or revocation
869as provided in this chapter.
870     (2)  FEES.-
871     (a)  The initial application for a frozen dessert plant
872permit must be accompanied by a permit fee of $200. The annual
873permit renewal fee is $100.
874     (b)  The department shall charge each applicant for a
875milkfat tester's license a fee not to exceed $125.
876     (3)(2)  REQUIREMENTS.-
877     (a)  To obtain a frozen dessert plant permit or milkfat
878tester's license, an applicant must satisfy all requirements
879that are defined by the department in rule and must agree to
880comply with the applicable provisions of this chapter and rules
881adopted under this chapter. The department shall mail a copy of
882the permit or license to the applicant to signify that
883administrative requirements have been met.
884     (b)  All permitholders must maintain records of
885transactions concerning the procurement, production, and
886processing of milk and milk products as required in the Grade
887"A" pasteurized milk ordinance and grant department inspectors
888access to such records during all reasonable hours.
889     (c)  In addition to the testing required in the Grade "A"
890pasteurized milk ordinance and its appendices, each milk plant
891operator in the state shall be responsible for routine testing
892and inspection of raw milk shipped from outside the state prior
893to processing and shall notify the department when such testing
894and inspection indicate a violation of the standards contained
895in the Grade "A" pasteurized milk ordinance.
896     (d)  Each frozen dessert plant permitholder must report
897monthly, quarterly, semiannually, or annually, as required by
898the department, the number of gallons of frozen dessert or
899frozen dessert mix sold or manufactured by the permitholder in
900this state.
901     (e)  Each licensed milkfat tester shall keep records of
902milkfat tests conducted by him or her for a period of 1 year,
903and such records must be available for inspection by the
904department at all reasonable hours.
905     (4)(3)  EXEMPTIONS.-
906     (a)  The following persons shall be exempt from milk hauler
907permit requirements:
908     1.  Milk producers who transport milk or milk products only
909from their own dairy farms.
910     2.  Employees of a milk distributor or milk plant operator
911who possesses a valid permit.
912     3.  Drivers of bulk milk tank trucks between locations who
913do not collect milk from farms.
914     (b)  Grocery stores, restaurants, soda fountains, and
915similar establishments where milk or milk products are served or
916sold, but not processed, may be exempted from permit
917requirements.
918     (c)  Frozen desserts retail establishments as defined in s.
919502.012 are exempt from this chapter.
920     (5)(4)  TEMPORARY PERMITS.-
921     (a)  The department may issue a temporary permit for a
922period not exceeding 90 days to milk producers who have
923submitted an application to the department and passed a
924preliminary inspection as required in the Grade "A" pasteurized
925milk ordinance.
926     (b)  During this 90-day period, the department shall act
927expeditiously to determine compliance with all relevant laws
928and, upon finding compliance, shall issue a permit pursuant to
929subsection (1).
930     Section 23.  Section 502.054, Florida Statutes, is amended
931to read:
932     502.054  Inspection and reinspection.-
933     (1)  The department shall establish a schedule for
934inspections which shall require routine inspections in
935accordance with the minimum requirements contained in the Grade
936"A" pasteurized milk ordinance and more frequent inspections or
937reinspections for permitholders with serious or repeated
938violations.
939     (2)  The department shall inspect frozen desserts and
940frozen dessert plants that handle and process mix and
941manufacture frozen desserts for wholesale. Inspections must be
942based on the frequency and severity of a violation. However, the
943department must comply with all federal requirements governing
944inspections.
945     Section 24.  Subsection (1) of section 502.091, Florida
946Statutes, is amended to read:
947     502.091  Milk and milk products which may be sold.-
948     (1)  Only Grade "A" pasteurized milk and milk products,
949pasteurized manufactured milk products, ice cream, and frozen
950desserts, and cheese made from pasteurized milk shall be sold at
951retail to the final consumer or to food service establishments
952as defined in chapter 381, food establishments as defined in
953chapter 500, or public food service establishments as defined in
954chapter 509. Cheese made from raw milk may also be sold at
955retail to the final consumer or to food service establishments
956as defined in chapter 381, food establishments as defined in
957chapter 500, or public food service establishments as defined in
958chapter 509 if the cheese is aged more than 60 days at a
959temperature above 35° F.
960     (a)  In an emergency, however, the department may authorize
961the sale of reconstituted pasteurized milk products, or
962pasteurized milk and milk products that have not been graded or
963the grade of which is unknown, in which case such milk and milk
964products shall be appropriately labeled, as determined by the
965department.
966     (b)  If the department determines that milk is fit for
967human consumption even though it is less than Grade "A" because
968the producer failed to comply with the sanitation or bacterial
969standards defined in this chapter, or if any specific shipment
970of milk fails to comply with standards of the Grade "A"
971pasteurized milk ordinance, the department may issue a permit
972allowing the milk to be used in ungraded products, such as
973frozen desserts, which are being processed by such milk plant.
974During processing of such milk, it shall be pasteurized at a
975temperature of at least 175° F. for at least 15 seconds or at
976least 160° F. for at least 30 minutes.
977     Section 25.  Subsections (1) and (2) of section 502.121,
978Florida Statutes, are amended to read:
979     502.121  Future dairy farms and milk and frozen dessert
980plants.-
981     (1)  All future construction or extensive alteration of
982milk houses, milking barns, stables, parlors, transfer stations,
983and milk and frozen dessert plants regulated under this chapter
984must meet certain minimum specifications and requirements which
985the department shall establish by rule.
986     (2)  Anyone who plans to construct a new milk house,
987milking barn, stable, parlor, transfer station, or milk or
988frozen dessert plant, or extensively alter any such existing
989facility, shall notify the department in writing of the
990intention to construct or alter, the date construction or
991alteration is to begin, and the legal description of the
992property for which the construction is planned.
993     Section 26.  Subsection (1) of section 502.181, Florida
994Statutes, is amended to read:
995     502.181  Prohibited acts.-It is unlawful for any person in
996this state to:
997     (1)  Engage in the business of producing, hauling,
998transferring, receiving, processing, packaging, or distributing
999milk, or milk products, or frozen desserts or operating a
1000washing station, manufacturing single-service containers,
1001manufacturing imitation or substitute milk or milk products, or
1002testing for milkfat content, without first obtaining a permit or
1003license from the department.
1004     Section 27.  Subsection (1) of section 502.231, Florida
1005Statutes, is amended to read:
1006     502.231  Penalty and injunction.-
1007     (1)  The department may enter an order imposing one or more
1008of the following penalties against any person who violates any
1009provision of the provisions of this chapter:
1010     (a)  Issuance of a warning letter that relates to the class
1011of the violation.
1012     (b)  Imposition of an administrative fine not to exceed:
1013     1.  Ten thousand dollars per violation in the case of a
1014frozen dessert licensee;
1015     2.  Ten percent of the license fee or $100, whichever is
1016greater, for failure to report the information described in s.
1017502.053(3)(d); or
1018     3.  One thousand dollars of not more than $1,000 per
1019occurrence for any other violation.
1020
1021(c)  When imposing a fine under this paragraph section, the
1022department must consider the degree and extent of harm caused by
1023the violation, the cost of rectifying the damage, the benefit to
1024the violator, whether the violation was committed willfully, and
1025the violator's compliance record.
1026     (c)(d)  Revocation or suspension of any permit issued by
1027the department under this chapter.
1028     Section 28.  Section 502.232, Florida Statutes, is amended
1029to read:
1030     502.232  Local regulations superseded.-All special or local
1031acts, general laws of limited application, county ordinances or
1032resolutions, municipal ordinances or resolutions, and municipal
1033charter provisions that authorize the regulation of milk or milk
1034products, or frozen desserts for wholesale, are superseded by
1035this chapter and the rules adopted pursuant to this chapter.
1036     Section 29.  Chapter 503, Florida Statutes, consisting of
1037sections 503.011, 503.021, 503.031, 503.041, 503.0415, 503.051,
1038503.071, 503.081, and 503.091, is repealed.
1039     Section 30.  Subsection (5) of section 527.22, Florida
1040Statutes, is amended to read:
1041     527.22  Florida Propane Gas Education, Safety, and Research
1042Council established; membership; duties and responsibilities.-
1043     (5)  Council members shall receive no compensation or
1044honorarium for their services, and are authorized to receive
1045only per diem and reimbursement for travel expenses as provided
1046in s. 112.061.
1047     Section 31.  Subsection (3) of section 559.9221, Florida
1048Statutes, is amended to read:
1049     559.9221  Motor Vehicle Repair Advisory Council.-The Motor
1050Vehicle Repair Advisory Council is created to advise and assist
1051the department in carrying out this part.
1052     (3)  The members of the council shall receive no
1053compensation for their services, except that they may receive
1054per diem and travel expenses as provided in s. 112.061.
1055     Section 32.  Subsections (16), (19), and (28) of section
1056570.07, Florida Statutes, are amended to read:
1057     570.07  Department of Agriculture and Consumer Services;
1058functions, powers, and duties.-The department shall have and
1059exercise the following functions, powers, and duties:
1060     (16)  To enforce the state laws and rules relating to:
1061     (a)  Fruit and vegetable inspection and grading;
1062     (b)  Pesticide spray, residue inspection, and removal;
1063     (c)  Registration;, labeling;, inspection;, sale;
1064composition; formulation, including nutrient content level and
1065release rates; distribution; and analysis of commercial stock
1066feeds and commercial fertilizers;
1067     (d)  Classification, inspection, and sale of poultry and
1068eggs;
1069     (e)  Registration, inspection, and analysis of gasolines
1070and oils;
1071     (f)  Registration, labeling, inspection, and analysis of
1072pesticides;
1073     (g)  Registration, labeling, inspection, germination
1074testing, and sale of seeds, both common and certified;
1075     (h)  Weights, measures, and standards;
1076     (i)  Foods, as set forth in the Florida Food Safety Act;
1077     (j)  Inspection and certification of honey;
1078     (k)  Sale of liquid fuels;
1079     (l)  Licensing of dealers in agricultural products;
1080     (m)  Administration and enforcement of all regulatory
1081legislation applying to milk and milk products, ice cream, and
1082frozen desserts;
1083     (n)  Recordation and inspection of marks and brands of
1084livestock; and
1085     (o)  All other regulatory laws relating to agriculture.
1086
1087In order to ensure uniform health and safety standards, the
1088adoption of standards and fines in the subject areas of
1089paragraphs (a)-(n) is expressly preempted to the state and the
1090department. Any local government enforcing the subject areas of
1091paragraphs (a)-(n) must use the standards and fines set forth in
1092the pertinent statutes or any rules adopted by the department
1093pursuant to those statutes. A county that has adopted an
1094ordinance regulating the sale of urban turf fertilizer before
1095January 1, 2011, is not subject to paragraph (c). However, if
1096the county amends or changes any portion of such ordinance after
1097January 1, 2011, paragraph (c) shall apply.
1098     (19)  To protect the dairy interests of the state; and, to
1099that end, it shall enforce those functions, powers, and duties
1100given to it in chapter chapters 502 and 503.
1101     (28)  For purposes of pollution control and the prevention
1102of wildfires purposes, to regulate open burning connected with
1103rural land-clearing, agricultural, or forestry operations,
1104except fires for cold or frost protection.
1105     Section 33.  Subsection (9) of section 570.0705, Florida
1106Statutes, is amended to read:
1107     570.0705  Advisory committees.-From time to time the
1108commissioner may appoint any advisory committee to assist the
1109department with its duties and responsibilities.
1110     (9)  Members of each advisory committee shall receive no
1111compensation for their services, but shall be entitled to
1112reimbursement for per diem and travel expenses as provided in s.
1113112.061.
1114     Section 34.  Section 570.074, Florida Statutes, is amended
1115to read:
1116     570.074  Department of Agriculture and Consumer Services;
1117energy and water policy coordination.-The commissioner may
1118create an Office of Energy and Water Coordination under the
1119supervision of a senior manager exempt under s. 110.205 in the
1120Senior Management Service. The commissioner may designate the
1121bureaus and positions in the various organizational divisions of
1122the department that report to this office relating to any matter
1123over which the department has jurisdiction in matters relating
1124to energy and water policy affecting agriculture, application of
1125such policies, and coordination of such matters with state and
1126federal agencies.
1127     Section 35.  Section 570.18, Florida Statutes, is amended
1128to read:
1129     570.18  Organization of departmental work.-In the
1130assignment of functions to the 12 divisions of the department
1131created in s. 570.29, the department shall retain within the
1132Division of Administration, in addition to executive functions,
1133those powers and duties enumerated in s. 570.30. The department
1134shall organize the work of the other 11 divisions in such a way
1135as to secure maximum efficiency in the conduct of the
1136department. The divisions created in s. 570.29 are solely to
1137make possible the definite placing of responsibility. The
1138department shall be conducted as a unit in which every employee,
1139including each division director, is assigned a definite
1140workload, and there shall exist between division directors a
1141spirit of cooperative effort to accomplish the work of the
1142department.
1143     Section 36.  Subsection (2) of section 570.23, Florida
1144Statutes, is amended to read:
1145     570.23  State Agricultural Advisory Council.-
1146     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1147COMPENSATION.-The meetings, powers and duties, procedures, and
1148recordkeeping of the State Agricultural Advisory Council, and
1149per diem and reimbursement of expenses of council members, shall
1150be governed by the provisions of s. 570.0705 relating to
1151advisory committees established within the department.
1152     Section 37.  Subsections (7) through (12) of section
1153570.29, Florida Statutes, are renumbered as subsections (6)
1154through (11), respectively, and present subsection (6) is
1155amended to read:
1156     570.29  Departmental divisions.-The department shall
1157include the following divisions:
1158     (6)  Dairy Industry.
1159     Section 38.  Subsection (2) of section 570.38, Florida
1160Statutes, is amended to read:
1161     570.38  Animal Industry Technical Council.-
1162     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1163COMPENSATION.-The meetings, powers and duties, procedures, and
1164recordkeeping of the Animal Industry Technical Council, and per
1165diem and reimbursement of expenses of council members, shall be
1166governed by the provisions of s. 570.0705 relating to advisory
1167committees established within the department.
1168     Section 39.  Paragraph (d) of subsection (3) of section
1169570.382, Florida Statutes, is amended to read:
1170     570.382  Arabian horse racing; breeders' and stallion
1171awards; Arabian Horse Council; horse registration fees; Florida
1172Arabian Horse Racing Promotion Account.-
1173     (3)  ARABIAN HORSE COUNCIL.-
1174     (d)  Members of the council shall receive no compensation
1175for their services, except that they shall receive per diem and
1176travel expenses as provided in s. 112.061 when actually engaged
1177in the business of the council.
1178     Section 40.  Sections 570.40 and 570.41, Florida Statutes,
1179are repealed.
1180     Section 41.  Subsection (2) of section 570.42, Florida
1181Statutes, is amended to read:
1182     570.42  Dairy Industry Technical Council.-
1183     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1184COMPENSATION.-The meetings, powers and duties, procedures, and
1185recordkeeping of the Dairy Industry Technical Council, and per
1186diem and reimbursement of expenses of council members, shall be
1187governed by the provisions of s. 570.0705 relating to advisory
1188committees established within the department.
1189     Section 42.  Subsections (2) and (3) of section 570.50,
1190Florida Statutes, are amended, and subsections (6) and (7) are
1191added to that section, to read:
1192     570.50  Division of Food Safety; powers and duties.-The
1193duties of the Division of Food Safety include, but are not
1194limited to:
1195     (2)  Conducting those general inspection activities
1196relating to food and food products being processed, held, or
1197offered for sale in this state and enforcing those provisions of
1198chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601
1199relating to foods as authorized by the department.
1200     (3)  Analyzing samples of foods offered for sale in this
1201state as required under chapters 500, 501, 502, 503, 585, 586,
1202and 601.
1203     (6)  Inspecting dairy farms of the state, enforcing those
1204provisions of chapter 502 that are authorized by the department
1205and related to the supervision of milking operations, and
1206enforcing rules adopted under such provisions.
1207     (7)  Inspecting milk plants, milk product plants, and
1208plants engaged in the manufacture and distribution of frozen
1209desserts and frozen dessert mixes; analyzing and testing samples
1210of milk, milk products, frozen desserts, and frozen dessert
1211mixes collected by the division; and enforcing those provisions
1212of chapter 502 that are authorized by the department.
1213     Section 43.  Subsection (2) of section 570.51, Florida
1214Statutes, is amended to read:
1215     570.51  Director; qualifications; duties.-
1216     (2)  The director shall supervise, direct, and coordinate
1217the activities of the division and enforce the provisions of
1218chapters 500, 501, 502, 503, 531, 583, 585, and 601 and any
1219other chapter necessary to carry out the responsibilities of the
1220division.
1221     Section 44.  Subsection (2) of section 570.543, Florida
1222Statutes, is amended to read:
1223     570.543  Florida Consumers' Council.-The Florida Consumers'
1224Council in the department is created to advise and assist the
1225department in carrying out its duties.
1226     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1227COMPENSATION.-The meetings, powers and duties, procedures, and
1228recordkeeping of the Florida Consumers' Council, and per diem
1229and reimbursement of expenses of council members, shall be
1230governed by the provisions of s. 570.0705 relating to advisory
1231committees established within the department. The council
1232members or chair may call no more than two meetings.
1233     Section 45.  Subsection (3) of section 570.954, Florida
1234Statutes, is amended to read:
1235     570.954  Farm-to-fuel initiative.-
1236     (3)  The department shall coordinate with and solicit the
1237expertise of the state energy office within the Department of
1238Environmental Protection when developing and implementing this
1239initiative.
1240     Section 46.  Subsection (2) of section 571.28, Florida
1241Statutes, is amended to read:
1242     571.28  Florida Agricultural Promotional Campaign Advisory
1243Council.-
1244     (2)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
1245COMPENSATION.-The meetings, powers and duties, procedures, and
1246recordkeeping of the Florida Agricultural Promotional Campaign
1247Advisory Council, and per diem and reimbursement of expenses of
1248council members, shall be governed by the provisions of s.
1249570.0705 relating to advisory committees established within the
1250department.
1251     Section 47.  Subsection (6) of section 573.112, Florida
1252Statutes, is amended to read:
1253     573.112  Advisory council.-
1254     (6)  No member or alternate member of the council shall
1255receive a salary, but shall be reimbursed for travel expenses
1256while on council business as provided in s. 112.061. The
1257department may employ necessary personnel, including
1258professional and technical services personnel, and fix their
1259compensation and terms of employment and may incur expenses to
1260be paid from moneys collected as herein provided.
1261     Section 48.  Subsection (3) of section 576.091, Florida
1262Statutes, is amended to read:
1263     576.091  Fertilizer Technical Council.-
1264     (3)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1265REIMBURSEMENTS.-The meetings, powers and duties, procedures, and
1266recordkeeping, and reimbursement of expenses of members and
1267alternate members of the council shall be in accordance with the
1268provisions of s. 570.0705 relating to advisory committees
1269established within the department.
1270     Section 49.  Subsection (2) of section 580.151, Florida
1271Statutes, is amended to read:
1272     580.151  Commercial Feed Technical Council.-
1273     (2)  POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.-
1274The meetings, powers and duties, procedures, and recordkeeping
1275of the Commercial Feed Technical Council, and per diem and
1276reimbursement of expenses of council members, shall be governed
1277by the provisions of s. 570.0705 relating to advisory committees
1278established within the department.
1279     Section 50.  Subsection (2) of section 581.186, Florida
1280Statutes, is amended to read:
1281     581.186  Endangered Plant Advisory Council; organization;
1282meetings; powers and duties.-
1283     (2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1284COMPENSATION.-The meetings, powers and duties, procedures, and
1285recordkeeping of the Endangered Plant Advisory Council, and per
1286diem and reimbursement of expenses of council members, shall be
1287governed by the provisions of s. 570.0705 relating to advisory
1288committees established within the department.
1289     Section 51.  Subsection (3) of section 586.161, Florida
1290Statutes, is amended to read:
1291     586.161  Honeybee Technical Council.-
1292     (3)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
1293COMPENSATION.-The meetings, powers and duties, procedures, and
1294recordkeeping of the Honeybee Technical Council, and per diem
1295and reimbursement of expenses of council members, shall be
1296governed by the provisions of s. 570.0705 relating to advisory
1297committees established within the department.
1298     Section 52.  Section 590.015, Florida Statutes, is amended
1299to read:
1300     590.015  Definitions.-As used in this chapter, the term:
1301     (1)  "Broadcast burning" means the burning of agricultural
1302or natural vegetation by allowing fire to move across a
1303predetermined area of land. The term does not include the
1304burning of vegetative debris that is piled or stacked.
1305     (2)(1)  "Division" means the Division of Forestry of the
1306Department of Agriculture and Consumer Services.
1307     (3)(2)  "Fire management services" means presuppression
1308fireline plowing, prescribed burning assistance, contract
1309prescribed burning, prescribed and wildfire management training,
1310and other activities associated with prevention, detection, and
1311suppression of wildfires.
1312     (4)(3)  "Fuel reduction" means the application of
1313techniques that reduce vegetative fuels, and may include
1314prescribed burning, manual and mechanical clearing, and the use
1315of herbicides.
1316     (5)  "Open burning" means any outdoor fire or open
1317combustion of material that produces visible emissions.
1318     (6)(4)  "Wildfire" means any vegetative fire that threatens
1319to destroy life, property, or natural resources.
1320     (7)(5)  "Wild land" means any public or private managed or
1321unmanaged forest, urban/interface, pasture or range land,
1322recreation lands, or any other land at risk of wildfire.
1323     Section 53.  Paragraph (d) of subsection (1) and subsection
1324(4) of section 590.02, Florida Statutes, are amended, and
1325subsections (9) and (10) are added to that section, to read:
1326     590.02  Division powers, authority, and duties; liability;
1327building structures; Florida Center for Wildfire and Forest
1328Resources Management Training.-
1329     (1)  The division has the following powers, authority, and
1330duties:
1331     (d)  To appoint center managers, forest area supervisors,
1332forestry program administrators, a forest protection bureau
1333chief, a forest protection assistant bureau chief, a field
1334operations bureau chief, deputy chiefs of field operations,
1335district managers, forest operations administrators, senior
1336forest rangers, investigators, forest rangers, firefighter
1337rotorcraft pilots, and other employees who may, at the
1338division's discretion, be certified as forestry firefighters
1339pursuant to s. 633.35(4). Other provisions of law
1340notwithstanding, center managers, district managers, forest
1341protection assistant bureau chief, and deputy chiefs of field
1342operations shall have Selected Exempt Service status in the
1343state personnel designation;
1344     (4)(a)  The department may build structures,
1345notwithstanding chapters 216 and 255, not to exceed a cost of
1346$50,000 per structure from existing resources on forest lands,
1347federal excess property, and unneeded existing structures. These
1348structures must meet all applicable building codes.
1349     (b)  Notwithstanding s. 553.80(1), the department shall
1350exclusively enforce the Florida Building Code as it pertains to
1351wildfire and law enforcement facilities under the jurisdiction
1352of the department.
1353     (9)(a)  Notwithstanding ss. 273.055 and 287.16, the
1354department may retain, transfer, warehouse, bid, destroy, scrap,
1355or otherwise dispose of surplus equipment and vehicles that are
1356used for wildland firefighting.
1357     (b)  All money received from the disposition of state-owned
1358equipment and vehicles that are used for wildland firefighting
1359shall be retained by the department. Money received pursuant to
1360this section is appropriated for and may be disbursed for the
1361acquisition of exchange and surplus equipment used for wildland
1362firefighting, and for all necessary operating expenditures
1363related to such equipment, in the same fiscal year and the
1364fiscal year following the disposition. The department shall
1365maintain records of the accounts into which the money is
1366deposited.
1367     (10)(a)  The division has exclusive authority to require
1368and issue authorizations for broadcast burning and agricultural
1369and silvicultural pile burning. An agency, commission,
1370department, county, municipality, or other political subdivision
1371of the state may not adopt laws, regulations, rules, or policies
1372pertaining to broadcast burning or agricultural and
1373silvicultural pile burning unless an emergency order is declared
1374in accordance with s. 252.38(3).
1375     (b)  The division may delegate to a county or municipality
1376its authority, as delegated by the Department of Environmental
1377Protection pursuant to ss. 403.061(28) and 403.081, to require
1378and issue authorizations for the burning of yard trash and
1379debris from land clearing operations in accordance with s.
1380590.125(6).
1381     Section 54.  Section 590.125, Florida Statutes, is amended
1382to read:
1383     590.125  Open burning authorized by the division.-
1384     (1)  DEFINITIONS.-As used in this section, the term:
1385     (a)  "Certified pile burner" means an individual who
1386successfully completes the division's pile burning certification
1387program and possesses a valid pile burner certification number.
1388"Prescribed burning" means the controlled application of fire in
1389accordance with a written prescription for vegetative fuels
1390under specified environmental conditions while following
1391appropriate precautionary measures that ensure that the fire is
1392confined to a predetermined area to accomplish the planned fire
1393or land-management objectives.
1394     (b)  "Certified prescribed burn manager" means an
1395individual who successfully completes the certified prescribed
1396burning certification program of the division and possesses a
1397valid certification number.
1398     (c)(d)  "Extinguished" means that no spreading flame for:
1399     1.  Wildland Wild land burning or certified prescribed
1400burning, and no spreading flames visible flame, smoke, or
1401emissions for vegetative land-clearing debris burning, exist.
1402     2.  Vegetative land-clearing debris burning or pile
1403burning, no visible flames exist.
1404     3.  Vegetative land-clearing debris burning or pile burning
1405in an area designated as smoke sensitive by the division, no
1406visible flames, smoke, or emissions exist.
1407     (d)  "Land-clearing operation" means the uprooting or
1408clearing of vegetation in connection with the construction of
1409buildings and rights-of-way, land development, and mineral
1410operations. The term does not include the clearing of yard
1411trash.
1412     (e)  "Pile burning" means the burning of silvicultural,
1413agricultural, or land-clearing and tree-cutting debris
1414originating onsite, which is stacked together in a round or
1415linear fashion, including, but not limited to, a windrow.
1416     (f)  "Prescribed burning" means the controlled application
1417of fire by broadcast burning in accordance with a written
1418prescription for vegetative fuels under specified environmental
1419conditions, while following appropriate precautionary measures
1420that ensure that the fire is confined to a predetermined area to
1421accomplish the planned fire or land-management objectives.
1422     (g)(c)  "Prescription" means a written plan establishing
1423the criteria necessary for starting, controlling, and
1424extinguishing a prescribed burn.
1425     (h)  "Yard trash" means vegetative matter resulting from
1426landscaping and yard maintenance operations and other such
1427routine property cleanup activities. The term includes materials
1428such as leaves, shrub trimmings, grass clippings, brush, and
1429palm fronds.
1430     (2)  NONCERTIFIED BURNING.-
1431     (a)  Persons may be authorized to burn wild land or
1432vegetative land-clearing debris in accordance with this
1433subsection if:
1434     1.  There is specific consent of the landowner or his or
1435her designee;
1436     2.  Authorization has been obtained from the division or
1437its designated agent before starting the burn;
1438     3.  There are adequate firebreaks at the burn site and
1439sufficient personnel and firefighting equipment for the control
1440of the fire;
1441     4.  The fire remains within the boundary of the authorized
1442area;
1443     5.  An authorized person Someone is present at the burn
1444site until the fire is extinguished;
1445     6.  The division does not cancel the authorization; and
1446     7.  The division determines that air quality and fire
1447danger are favorable for safe burning.
1448     (b)  A person who burns wild land or vegetative land-
1449clearing debris in a manner that violates any requirement of
1450this subsection commits a misdemeanor of the second degree,
1451punishable as provided in s. 775.082 or s. 775.083.
1452     (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1453PURPOSE.-
1454     (a)  The application of prescribed burning is a land
1455management tool that benefits the safety of the public, the
1456environment, and the economy of the state. The Legislature finds
1457that:
1458     1.  Prescribed burning reduces vegetative fuels within wild
1459land areas. Reduction of the fuel load reduces the risk and
1460severity of wildfire, thereby reducing the threat of loss of
1461life and property, particularly in urban areas.
1462     2.  Most of Florida's natural communities require periodic
1463fire for maintenance of their ecological integrity. Prescribed
1464burning is essential to the perpetuation, restoration, and
1465management of many plant and animal communities. Significant
1466loss of the state's biological diversity will occur if fire is
1467excluded from fire-dependent systems.
1468     3.  Forestland and rangeland constitute significant
1469economic, biological, and aesthetic resources of statewide
1470importance. Prescribed burning on forestland prepares sites for
1471reforestation, removes undesirable competing vegetation,
1472expedites nutrient cycling, and controls or eliminates certain
1473forest pathogens. On rangeland, prescribed burning improves the
1474quality and quantity of herbaceous vegetation necessary for
1475livestock production.
1476     4.  The state purchased hundreds of thousands of acres of
1477land for parks, preserves, wildlife management areas, forests,
1478and other public purposes. The use of prescribed burning for
1479management of public lands is essential to maintain the specific
1480resource values for which these lands were acquired.
1481     5.  A public education program is necessary to make
1482citizens and visitors aware of the public safety, resource, and
1483economic benefits of prescribed burning.
1484     6.  Proper training in the use of prescribed burning is
1485necessary to ensure maximum benefits and protection for the
1486public.
1487     7.  As Florida's population continues to grow, pressures
1488from liability issues and nuisance complaints inhibit the use of
1489prescribed burning. Therefore, the division is urged to maximize
1490the opportunities for prescribed burning conducted during its
1491daytime and nighttime authorization process.
1492     (b)  Certified prescribed burning pertains only to
1493broadcast burning for purposes of silviculture, wildland fire
1494hazard reduction, wildlife management, ecological maintenance
1495and restoration, and range and pasture management. It must be
1496conducted in accordance with this subsection and:
1497     1.  May be accomplished only when a certified prescribed
1498burn manager is present on site with a copy of the prescription
1499from ignition of the burn to its completion.
1500     2.  Requires that a written prescription be prepared before
1501receiving authorization to burn from the division.
1502     3.  Requires that the specific consent of the landowner or
1503his or her designee be obtained before requesting an
1504authorization.
1505     4.  Requires that an authorization to burn be obtained from
1506the division before igniting the burn.
1507     5.  Requires that there be adequate firebreaks at the burn
1508site and sufficient personnel and firefighting equipment for the
1509control of the fire.
1510     6.  Is considered to be in the public interest and does not
1511constitute a public or private nuisance when conducted under
1512applicable state air pollution statutes and rules.
1513     7.  Is considered to be a property right of the property
1514owner if vegetative fuels are burned as required in this
1515subsection.
1516     (c)  Neither a property owner nor his or her agent is
1517liable pursuant to s. 590.13 for damage or injury caused by the
1518fire or resulting smoke or considered to be in violation of
1519subsection (2) for burns conducted in accordance with this
1520subsection unless gross negligence is proven.
1521     (d)  Any certified burner who violates this section commits
1522a misdemeanor of the second degree, punishable as provided in s.
1523775.082 or s. 775.083.
1524     (e)  The division shall adopt rules for the use of
1525prescribed burning and for certifying and decertifying certified
1526prescribed burn managers based on their past experience,
1527training, and record of compliance with this section.
1528     (4)  CERTIFIED PILE BURNING.-
1529     (a)  Certified pile burning pertains to the disposal of
1530piled, naturally occurring debris from an agricultural,
1531silvicultural, or temporary land-clearing operation. A land-
1532clearing operation is temporary if it operates for 6 months or
1533less. Certified pile burning must be conducted in accordance
1534with the following:
1535     1.  A certified pile burner must ensure, before ignition,
1536that the piles are properly placed and that the content of the
1537piles is conducive to efficient burning.
1538     2.  A certified pile burner must ensure that the piles are
1539properly extinguished no later than 1 hour after sunset. If the
1540burn is conducted in an area designated by the division as smoke
1541sensitive, a certified pile burner must ensure that the piles
1542are properly extinguished at least 1 hour before sunset.
1543     3.  A written pile burning plan must be prepared before
1544receiving authorization from the division to burn.
1545     4.  The specific consent of the landowner or his or her
1546agent must be obtained before requesting authorization to burn.
1547     5.  An authorization to burn must be obtained from the
1548division or its designated agent before igniting the burn.
1549     6.  There must be adequate firebreaks and sufficient
1550personnel and firefighting equipment at the burn site to control
1551the fire.
1552     (b)  If a burn is conducted in accordance with paragraph
1553(a), the property owner and his or her agent are not liable
1554under s. 590.13 for damage or injury caused by the fire or
1555resulting smoke, and are not in violation of subsection (2),
1556unless gross negligence is proven.
1557     (c)  A certified pile burner who violates this subsection
1558commits a misdemeanor of the second degree, punishable as
1559provided in s. 775.082 or s. 775.083.
1560     (d)  The division shall adopt rules regulating certified
1561pile burning. The rules shall include procedures and criteria
1562for certifying and decertifying certified pile burn managers
1563based on past experience, training, and record of compliance
1564with this section.
1565     (5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1566DIVISION.-The division may conduct fuel reduction initiatives,
1567including, but not limited to, burning and mechanical and
1568chemical treatment, on any area of wild land within the state
1569which is reasonably determined to be in danger of wildfire in
1570accordance with the following procedures:
1571     (a)  Describe the areas that will receive fuels treatment
1572to the affected local governmental entity.
1573     (b)  Publish a treatment notice, including a description of
1574the area to be treated, in a conspicuous manner in at least one
1575newspaper of general circulation in the area of the treatment
1576not less than 10 days before the treatment.
1577     (c)  Prepare, and send the county tax collector shall
1578include with the annual tax statement, a notice to be sent to
1579all landowners in each area township designated by the division
1580as a wildfire hazard area. The notice must describe particularly
1581the area to be treated and the tentative date or dates of the
1582treatment and must list the reasons for and the expected
1583benefits from the wildfire hazard reduction.
1584     (d)  Consider any landowner objections to the fuels
1585treatment of his or her property. The landowner may apply to the
1586director of the division for a review of alternative methods of
1587fuel reduction on the property. If the director or his or her
1588designee does not resolve the landowner objection, the director
1589shall convene a panel made up of the local forestry unit
1590manager, the fire chief of the jurisdiction, and the affected
1591county or city manager, or any of their designees. If the
1592panel's recommendation is not acceptable to the landowner, the
1593landowner may request further consideration by the Commissioner
1594of Agriculture or his or her designee and shall thereafter be
1595entitled to an administrative hearing pursuant to the provisions
1596of chapter 120.
1597     (6)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1598AUTHORIZATION PROGRAMS.-
1599     (a)  A county or municipality may exercise the division's
1600authority, if delegated by the division under this subsection,
1601to issue authorizations for the burning of yard trash or debris
1602from land-clearing operations. A county's or municipality's
1603existing or proposed open burning authorization program must:
1604     1.  Be approved by the division. The division may not
1605approve a program if it fails to meet the requirements of
1606subsections (2) and (4) and any rules adopted under those
1607subsections.
1608     2.  Provide by ordinance or local law the requirements for
1609obtaining and performing a burn authorization that complies with
1610subsections (2) and (4) and any rules adopted under those
1611subsections.
1612     3.  Provide for the enforcement of the program's
1613requirements.
1614     4.  Provide financial, personnel, and other resources
1615needed to carry out the program.
1616     (b)  If the division determines that a county's or
1617municipality's open burning authorization program does not
1618comply with subsections (2) and (4) and any rules adopted under
1619those subsections, the division shall require the county or
1620municipality to take necessary corrective actions within 90 days
1621after receiving notice from the division of its determination.
1622     1.  If the county or municipality fails to take the
1623necessary corrective actions within the required period, the
1624division shall resume administration of the open burning
1625authorization program in the county or municipality and the
1626county or municipality shall cease administration of its
1627program.
1628     2.  Each county and municipality administering an open
1629burning authorization program must cooperate with and assist the
1630division in carrying out the division's powers, duties, and
1631functions.
1632     3.  A person who violates the requirements of a county's or
1633municipality's open burning authorization program, as provided
1634by ordinance or local law enacted pursuant to this subsection,
1635commits a violation of this chapter, punishable as provided in
1636s. 590.14.
1637     (7)(5)  DUTIES OF AGENCIES.-The Department of Education
1638shall incorporate, where feasible and appropriate, the issues of
1639fuels treatment, including prescribed burning, into its
1640educational materials.
1641     Section 55.  Section 590.14, Florida Statutes, is amended
1642to read:
1643     590.14  Notice of violation; penalties; legislative
1644intent.-
1645     (1)  If a division employee determines that a person has
1646violated chapter 589, or this chapter, or any rule adopted by
1647the division to administer provisions of law conferring duties
1648upon the division, the division employee he or she may issue a
1649notice of violation indicating the statute or rule violated.
1650This notice will be filed with the division and a copy forwarded
1651to the appropriate law enforcement entity for further action if
1652necessary.
1653     (2)  In addition to any penalties provided by law, any
1654person who causes a wildfire or permits any authorized fire to
1655escape the boundaries of the authorization or to burn past the
1656time of the authorization is liable for the payment of all
1657reasonable costs and expenses incurred in suppressing the fire
1658or $150, whichever is greater. All costs and expenses incurred
1659by the division shall be payable to the division. When such
1660costs and expenses are not paid within 30 days after demand, the
1661division may take proper legal proceedings for the collection of
1662the costs and expenses. Those costs incurred by an agency acting
1663at the division's direction are recoverable by that agency.
1664     (3)  The department may also impose an administrative fine,
1665not to exceed $1,000 per violation of any section of chapter 589
1666or this chapter or violation of any rule adopted by the division
1667to administer provisions of law conferring duties upon the
1668division. The fine shall be based upon the degree of damage, the
1669prior violation record of the person, and whether the person
1670knowingly provided false information to obtain an authorization.
1671The fines shall be deposited in the Incidental Trust Fund of the
1672division.
1673     (4)  A person commits a misdemeanor of the second degree,
1674punishable as provided in s. 775.082 or s. 775.083, if the
1675person:
1676     (a)  Fails to comply with any rule or order adopted by the
1677division to administer provisions of law conferring duties upon
1678the division; or
1679     (b)  Knowingly makes any false statement or representation
1680in any application, record, plan, or other document required by
1681this chapter or any rules adopted under this chapter.
1682     (5)  It is the intent of the Legislature that a penalty
1683imposed by a court under subsection (4) be of a severity that
1684ensures immediate and continued compliance with this section.
1685     (6)(4)  The penalties provided in this section shall extend
1686to both the actual violator and the person or persons, firm, or
1687corporation causing, directing, or permitting the violation.
1688     Section 56.  Subsection (4) of section 597.005, Florida
1689Statutes, is amended to read:
1690     597.005  Aquaculture Review Council.-
1691     (4)  EXPENSES; PER DIEM.-Members of the council shall
1692receive expenses and per diem for travel, including attendance
1693at meetings, as allowed state officers and employees pursuant to
1694s. 112.061.
1695     Section 57.  Subsection (2) of section 599.002, Florida
1696Statutes, is amended to read:
1697     599.002  Viticulture Advisory Council.-
1698     (2)  The meetings, powers and duties, procedures, and
1699recordkeeping of the Viticulture Advisory Council, and per diem
1700and reimbursement of expenses of council members, shall be
1701governed by the provisions of s. 570.0705 relating to advisory
1702committees established within the department.
1703     Section 58.  Subsection (4) is added to section 616.17,
1704Florida Statutes, to read:
1705     616.17  Minimum exhibits.-
1706     (4)  An authority or fair association as defined in this
1707chapter that provides any of the exhibits set forth in
1708subsection (1) or other exhibits or concessions, whether such
1709exhibits or concessions are provided directly or through an
1710agreement with a third party, is not subject to criminal
1711penalties or civil damages arising out of the personal injury or
1712death of any person, or property damage, resulting from such
1713exhibits or concessions. This subsection does not apply if the
1714personal injury, death, or property damage was due to an act or
1715omission committed by the authority or fair association in bad
1716faith, with malicious purpose, or with wanton and willful
1717disregard of human rights, safety, or property. This subsection
1718does not apply to third parties providing exhibits or
1719concessions.
1720     Section 59.  Paragraph (a) of subsection (1) and subsection
1721(3) of section 616.252, Florida Statutes, are amended to read:
1722     616.252  Florida State Fair Authority; membership; number,
1723terms, compensation.-
1724     (1)(a)  The authority shall be composed of 22 21 members.
1725The Commissioner of Agriculture, or her or his designee, shall
1726serve as a voting member. There shall also be a member who is
1727the member of the Board of County Commissioners of Hillsborough
1728County representing the county commission district in which the
1729Florida State Fairgrounds is located, who shall serve as a
1730voting member. There shall also be an appointed youth member who
1731is an active member of the Florida Future Farmers of America or
1732a 4-H Club, who shall serve as a nonvoting member. The
1733Commissioner of Agriculture shall appoint each other member of
1734the authority. Each member appointed by the Commissioner of
1735Agriculture shall serve at the pleasure of the Commissioner of
1736Agriculture. The term of each member appointed by the
1737Commissioner of Agriculture shall be 4 years, but the term of
1738the nonvoting youth member shall be for 1 year except, to
1739provide staggered terms, 9 of the members shall be initially
1740appointed for a 2-year term and 10 of the members shall be
1741initially appointed for a 3-year term. Members may be appointed
1742for more than one term. Any vacancy shall be filled for the
1743remainder of the unexpired term pursuant to the method provided
1744in this section for appointment. Six of the members may be from
1745Hillsborough County. The Commissioner of Agriculture shall
1746appoint and set the compensation of an executive director. The
1747executive director shall serve at the pleasure of the
1748Commissioner of Agriculture.
1749     (3)  Members of the authority are shall not be entitled to
1750compensation for their services as members and may not, but
1751shall be reimbursed for travel expenses. Except for the
1752nonvoting youth member, each member as provided in s. 112.061
1753and may be compensated for any special or full-time service
1754performed in the authority's its behalf as officers or agents of
1755the authority.
1756     Section 60.  Paragraph (c) of subsection (2) of section
1757812.014, Florida Statutes, is amended to read:
1758     812.014  Theft.-
1759     (2)
1760     (c)  It is grand theft of the third degree and a felony of
1761the third degree, punishable as provided in s. 775.082, s.
1762775.083, or s. 775.084, if the property stolen is:
1763     1.  Valued at $300 or more, but less than $5,000.
1764     2.  Valued at $5,000 or more, but less than $10,000.
1765     3.  Valued at $10,000 or more, but less than $20,000.
1766     4.  A will, codicil, or other testamentary instrument.
1767     5.  A firearm.
1768     6.  A motor vehicle, except as provided in paragraph (a).
1769     7.  Any commercially farmed animal, including any animal of
1770the equine, bovine, or swine class, or other grazing animal; a
1771bee colony of a registered beekeeper;, and including aquaculture
1772species raised at a certified aquaculture facility. If the
1773property stolen is aquaculture species raised at a certified
1774aquaculture facility, then a $10,000 fine shall be imposed.
1775     8.  Any fire extinguisher.
1776     9.  Any amount of citrus fruit consisting of 2,000 or more
1777individual pieces of fruit.
1778     10.  Taken from a designated construction site identified
1779by the posting of a sign as provided for in s. 810.09(2)(d).
1780     11.  Any stop sign.
1781     12.  Anhydrous ammonia.
1782
1783However, if the property is stolen within a county that is
1784subject to a state of emergency declared by the Governor under
1785chapter 252, the property is stolen after the declaration of
1786emergency is made, and the perpetration of the theft is
1787facilitated by conditions arising from the emergency, the
1788offender commits a felony of the second degree, punishable as
1789provided in s. 775.082, s. 775.083, or s. 775.084, if the
1790property is valued at $5,000 or more, but less than $10,000, as
1791provided under subparagraph 2., or if the property is valued at
1792$10,000 or more, but less than $20,000, as provided under
1793subparagraph 3. As used in this paragraph, the term "conditions
1794arising from the emergency" means civil unrest, power outages,
1795curfews, voluntary or mandatory evacuations, or a reduction in
1796the presence of or the response time for first responders or
1797homeland security personnel. For purposes of sentencing under
1798chapter 921, a felony offense that is reclassified under this
1799paragraph is ranked one level above the ranking under s.
1800921.0022 or s. 921.0023 of the offense committed.
1801     Section 61.  Paragraphs (f) and (g) of subsection (1) of
1802section 812.015, Florida Statutes, are amended to read:
1803     812.015  Retail and farm theft; transit fare evasion;
1804mandatory fine; alternative punishment; detention and arrest;
1805exemption from liability for false arrest; resisting arrest;
1806penalties.-
1807     (1)  As used in this section:
1808     (f)  "Farmer" means a person who is engaging in the growing
1809or producing of farm produce, milk products, honey, eggs, or
1810meat, either part time or full time, for personal consumption or
1811for sale and who is the owner or lessee of the land or a person
1812designated in writing by the owner or lessee to act as her or
1813his agent. No person defined as a farm labor contractor pursuant
1814to s. 450.28 shall be designated to act as an agent for purposes
1815of this section.
1816     (g)  "Farm theft" means the unlawful taking possession of
1817any items that are grown or produced on land owned, rented, or
1818leased by another person. The term includes the unlawful taking
1819possession of equipment and associated materials used to grow or
1820produce farm products as defined in s. 823.14(3)(c).
1821     Section 62.  The sum of $744,000 in nonrecurring funds is
1822appropriated to the Department of Agriculture and Consumer
1823Services from the Florida Forever Trust Fund for the 2011-2012
1824fiscal year in the Fixed Capital Outlay-Agency Managed-Land
1825Management appropriation category pursuant to s. 259.105(3)(f),
1826Florida Statutes.
1827     Section 63.  This act shall take effect July 1, 2011.


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