CS/CS/HB 7215

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 20.14, F.S.; deleting a
4	provision establishing the Division of Dairy within the
5	department; amending s. 193.461, F.S.; redefining the term
6	"agricultural purposes" as it relates to the assessment of
7	land classified as agricultural by the property appraiser;
8	amending s. 215.981, F.S.; exempting certain direct-
9	support organizations and citizen support organizations
10	for the department from obtaining an independent audit;
11	requiring the department to establish accounting and
12	financial management guidelines for such organizations and
13	annually review the operations and finances of a selected
14	number of such organizations; amending s. 253.02, F.S.;
15	providing for the grantee of easements for electrical
16	transmission to pay the lead manager of the state-owned
17	lands or, when there is no lead manager, the Department of
18	Environmental Protection if suitable replacement uplands
19	cannot be identified; amending s. 261.04, F.S.; deleting
20	provisions requiring the reimbursement of members of the
21	Off-Highway Vehicle Recreation Advisory Committee for per
22	diem and travel expenses; amending s. 381.0014, F.S., to
23	conform to changes made by the act; amending s. 482.051,
24	F.S.; providing additional methods for pest control
25	licensees to give certain emergency notice to the
26	Department of Agriculture and Consumer Services before
27	performing general fumigation; amending s. 482.071, F.S.;
28	revising the minimum bodily injury and property damage
29	insurance coverage required for pest control businesses;
30	creating s. 482.072, F.S.; providing for licensure by the
31	department of pest control customer contact centers;
32	providing application requirements; providing for fees,
33	licensure renewal, licensure expiration, transfer of
34	licenses, and penalties; creating s. 482.157, F.S.;
35	providing for limited certification of commercial wildlife
36	trappers; providing requirements for certification,
37	examination, and fees; limiting the scope of work
38	permitted by certificateholders; amending s. 482.183,
39	F.S.; providing that licensees and certificateholders who
40	practice accepted pest control methods are immune from
41	liability for violating laws prohibiting cruelty to
42	animals; providing for applicability; amending s. 482.226,
43	F.S.; revising the minimum financial responsibility
44	requirements for licensees that perform wood-destroying
45	organism inspections; amending s. 482.243, F.S.; deleting
46	provisions relating to the reimbursement of members of the
47	Pest Control Enforcement Advisory Council for expenses;
48	amending s. 487.041, F.S.; providing that registration,
49	supplemental, and late fees related to the registration of
50	pesticide brands with the department are nonrefundable;
51	providing requirements for label revisions of pesticide
52	brands; providing requirements for label revisions that
53	must be reviewed by the United States Environmental
54	Protection Agency; requiring payments of pesticide
55	registration fees to be submitted electronically by a date
56	certain; amending s. 487.0615, F.S.; deleting provisions
57	requiring the reimbursement of members of the Pesticide
58	Review Council for per diem and travel expenses; amending
59	s. 500.70, F.S.; requiring certain persons who produce,
60	harvest, pack, or repack tomatoes to register each
61	location of a tomato farm, tomato greenhouse, tomato
62	packinghouse, or tomato repacker by a specified date;
63	authorizing the department to set a registration fee;
64	requiring that funds collected be deposited into the
65	General Inspection Trust Fund; revising the title of
66	chapter 502, F.S.; amending s. 502.012, F.S.; defining
67	terms related to the department's regulation of frozen
68	desserts; amending s. 502.013, F.S.; revising legislative
69	purpose and intent, to conform; amending s. 502.014, F.S.;
70	revising the department's powers and duties; authorizing
71	the department to administer and enforce regulations of
72	frozen desserts and frozen dessert mix; revising the
73	federal publication upon which certain milk sanitation
74	ratings are based; authorizing the department to adopt
75	rules; repealing s. 502.032, F.S., relating to milkfat
76	tester's permits and permit fees; amending s. 502.053,
77	F.S.; providing permitting and licensing requirements and
78	imposing permit and license fees for frozen dessert plants
79	and milkfat testers; providing certain reporting
80	requirements for frozen dessert plant permitholders;
81	providing certain recordkeeping requirements for licensed
82	milkfat testers; providing an exemption; amending s.
83	502.054, F.S.; requiring the department to inspect certain
84	frozen desserts and frozen dessert plants; amending s.
85	502.091, F.S.; authorizing sales of certain ice cream and
86	frozen desserts; amending s. 502.121, F.S.; restricting
87	the construction or extensive alteration of frozen dessert
88	plants; amending ss. 502.181 and 502.231, F.S.;
89	prohibiting certain acts related to the regulation of
90	frozen desserts; providing penalties; amending s. 502.232,
91	F.S.; preempting to the state the local regulation of
92	frozen desserts at wholesale; repealing chapter 503, F.S.,
93	relating to the state's regulation of frozen desserts,
94	enforcement and penalties for violations of such
95	regulations, licensure of frozen dessert plants, and
96	preemption of municipal and county regulations of frozen
97	desserts; amending ss. 527.22 and 559.9221, F.S.; deleting
98	provisions authorizing the reimbursement of members of the
99	Florida Propane Gas Education, Safety, and Research
100	Council and the Motor Vehicle Repair Advisory Council for
101	per diem and travel expenses; amending s. 570.07, F.S.;
102	revising the department's authority to enforce laws
103	relating to commercial stock feeds and commercial
104	fertilizers; exempting certain counties from such
105	enforcement; revising the powers and duties of the
106	department relating to pollution control and the
107	prevention of wildfires; conforming provisions; amending
108	s. 570.0705, F.S.; deleting provisions requiring the
109	reimbursement for per diem and travel expenses of members
110	of certain ad hoc advisory committees appointed by the
111	Commissioner of Agriculture; amending s. 570.074, F.S.;
112	renaming the Office of Water Coordination and revising its
113	policy jurisdiction; amending s. 570.18, F.S., to conform;
114	amending s. 570.23, F.S.; deleting provisions requiring
115	the reimbursement of members of the State Agricultural
116	Advisory Council for per diem and travel expenses;
117	amending s. 570.29, F.S.; deleting a provision
118	establishing the Division of Dairy Industry within the
119	department; amending ss. 570.38 and 570.382, F.S.;
120	deleting provisions requiring the reimbursement of members
121	of the Animal Industry Technical Council and the Arabian
122	Horse Council for per diem and travel expenses; repealing
123	ss. 570.40 and 570.41, F.S., relating to the powers and
124	duties of the Division of Dairy within the department and
125	the qualifications and duties of the division's director;
126	amending s. 570.42, F.S.; deleting provisions requiring
127	the reimbursement of members of the Dairy Industry
128	Technical Council for per diem and travel expenses;
129	amending s. 570.50, F.S.; conforming provisions; requiring
130	the Division of Food Safety within the department to
131	inspect certain dairy farms and plants, perform certain
132	analyses and tests, and enforce certain rules and
133	provisions of law; amending s. 570.51, F.S., to conform;
134	amending s. 570.543, F.S.; deleting provisions requiring
135	the reimbursement of members of the Florida Consumers'
136	Council for per diem and travel expenses; amending s.
137	570.954, F.S.; removing the requirement that the
138	department coordinate with and solicit the expertise of
139	the state energy office when developing the farm-to-fuel
140	initiative; amending ss. 571.28, 573.112, 576.091,
141	580.151, 581.186, and 586.161, F.S.; deleting provisions
142	requiring the reimbursement of members of the Florida
143	Agricultural Promotional Campaign Advisory Council,
144	certain ad hoc advisory councils appointed to advise the
145	department concerning the issuance of marketing orders,
146	the Fertilizer Technical Council, the Commercial Feed
147	Technical Council, the Endangered Plant Advisory Council,
148	and the Honeybee Technical Council for per diem and travel
149	expenses; amending s. 590.015, F.S.; revising and
150	providing definitions for purposes of forest protection;
151	amending s. 590.02, F.S.; authorizing forest operations
152	administrators to be certified as forestry firefighters;
153	granting the department certain exclusive authority over
154	the Florida Building Code; authorizing the department to
155	retain, transfer, warehouse, bid, destroy, scrap, or
156	dispose of certain surplus equipment and vehicles;
157	authorizing the department to retain any moneys received
158	from the disposition of certain state-owned equipment and
159	vehicles; providing that moneys received may be used for
160	the acquisition of certain exchange and surplus equipment
161	and all necessary operating expenditures related to the
162	equipment; requiring the department to maintain records of
163	the accounts into which the money is deposited; granting
164	the department exclusive authority to require and issue
165	authorizations for broadcast burning, agricultural pile
166	burning, and silvicultural pile burning; preempting other
167	governmental entities from adopting laws, regulations,
168	rules, or policies pertaining to broadcast burning,
169	agricultural pile burning, or silvicultural pile burning
170	unless an emergency order has been declared; authorizing
171	the department to delegate its authority to a county or
172	municipality to issue authorizations for the burning of
173	yard trash and debris from land-clearing operations;
174	amending s. 590.125, F.S.; revising and providing
175	definitions relating to open burning authorizations;
176	specifying purposes of certified prescribed burning;
177	requiring the division's authorization for certified pile
178	burning; providing pile burning requirements; limiting the
179	liability of property owners or agents engaged in pile
180	burning; providing for the certification of pile burners;
181	providing penalties for violations by certified pile
182	burners; requiring the division to adopt rules to regulate
183	certified pile burning; revising notice requirements for
184	wildfire hazard reduction treatments; requiring division
185	approval of local government open burning authorization
186	programs; providing program requirements; authorizing the
187	division to resume administration of a local government's
188	program under certain circumstances; providing penalties
189	for violations of local government open burning
190	requirements; amending s. 590.14, F.S.; authorizing a
191	division employee to issue a notice of violation for any
192	division rule; authorizing the division to impose an
193	administrative fine for a violation of any division rule;
194	providing penalties for certain violations; providing
195	legislative intent; amending ss. 597.005 and 599.002,
196	F.S.; deleting provisions requiring the reimbursement of
197	members of the Aquaculture Review Council and the
198	Viticulture Advisory Council for per diem and travel
199	expenses; amending s. 616.17, F.S.; providing certain
200	authorities or fair associations with immunity from
201	liability for damages resulting from exhibits and
202	concessions at public fairs; providing exceptions;
203	amending s. 616.252, F.S.; providing for the appointment
204	and term of a nonvoting youth member of the Florida State
205	Fair Authority; deleting provisions requiring staggered
206	terms; prohibiting the reimbursement of members of the
207	Florida State Fair Authority for per diem and travel
208	expenses; excluding the youth member from compensation for
209	special or full-time service performed on behalf of the
210	authority; amending s. 812.014, F.S.; providing penalties
211	for the theft of bee colonies of registered beekeepers;
212	amending s. 812.015, F.S.; redefining the term "farmer" to
213	include a person who grows or produces honey; redefining
214	the term "farm theft" to include the unlawful taking
215	possession of equipment and associated materials used to
216	grow or produce certain farm products; providing an
217	appropriation; providing an effective date.
218
219	Be It Enacted by the Legislature of the State of Florida:
220
221	Section 1.  Paragraphs (g) through (m) of subsection (2) of
222	section 20.14, Florida Statutes, are redesignated as paragraphs
223	(f) through (l), respectively, and present paragraph (f) of that
224	subsection is amended to read:
225	20.14  Department of Agriculture and Consumer Services.-
226	There is created a Department of Agriculture and Consumer
227	Services.
228	(2)  The following divisions of the Department of
229	Agriculture and Consumer Services are established:
230	(f)  Dairy Industry.
231	Section 2.  Subsection (5) of section 193.461, Florida
232	Statutes, is amended to read:
233	193.461  Agricultural lands; classification and assessment;
234	mandated eradication or quarantine program.-
235	(5)  For the purpose of this section, "agricultural
236	purposes" includes, but is not limited to, horticulture;
237	floriculture; viticulture; forestry; dairy; livestock; poultry;
238	bee; pisciculture, when the land is used principally for the
239	production of tropical fish; aquaculture; sod farming; and all
240	forms of farm products as defined in s. 823.14(3) and farm
241	production.
242	Section 3.  Subsection (2) of section 215.981, Florida
243	Statutes, is amended to read:
244	215.981  Audits of state agency direct-support
245	organizations and citizen support organizations.-
246	(2)  Notwithstanding the provisions of subsection (1),
247	direct-support organizations and citizen support organizations
248	for the Department of Environmental Protection or direct-support
249	organizations and citizen support organizations for the
250	Department of Agriculture and Consumer Services that are not for
251	profit and that have annual expenditures of less than $300,000
252	are not required to have an independent audit. The respective
253	department shall establish accounting and financial management
254	guidelines for those organizations under its the department's
255	jurisdiction. Each year, the respective department shall conduct
256	operational and financial reviews of a selected number of
257	direct-support organizations or citizen support organizations
258	that which fall below the audit threshold established in this
259	subsection.
260	Section 4.  Paragraph (b) of subsection (2) of section
261	253.02, 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
265	easements for rights-of-way over, across, and upon uplands the
266	title to which is vested in the board of trustees for the
267	construction and operation of electric transmission and
268	distribution facilities and related appurtenances is hereby
269	confirmed. The board of trustees may delegate to the Secretary
270	of Environmental Protection the authority to grant such
271	easements on its behalf. All easements for rights-of-way over,
272	across, and upon uplands the title to which is vested in the
273	board of trustees for the construction and operation of electric
274	transmission and distribution facilities and related
275	appurtenances which are approved by the Secretary of
276	Environmental Protection pursuant to the authority delegated by
277	the board of trustees shall meet the following criteria:
278	1.  Such easements shall not prevent the use of the state-
279	owned uplands adjacent to the easement area for the purposes for
280	which such lands were acquired and shall not unreasonably
281	diminish the ecological, conservation, or recreational values of
282	the state-owned uplands adjacent to the easement area.
283	2.  There is no practical and prudent alternative to
284	locating the linear facility and related appurtenances on state-
285	owned upland. For purposes of this subparagraph, the test of
286	practicality and prudence shall compare the social, economic,
287	and environmental effects of the alternatives.
288	3.  Appropriate steps are taken to minimize the impacts to
289	state-owned uplands. Such steps may include:
290	a.  Siting of facilities so as to reduce impacts and
291	minimize fragmentation of the overall state-owned parcel;
292	b.  Avoiding significant wildlife habitat, wetlands, or
293	other valuable natural resources to the maximum extent
294	practicable; or
295	c.  Avoiding interference with active land management
296	practices, such as prescribed burning.
297	4.  Except for easements granted as a part of a land
298	exchange to accomplish a recreational or conservation benefit or
299	other public purpose, in exchange for such easements, the
300	grantee pays an amount equal to the market value of the interest
301	acquired. In addition, for the initial grant of such easements
302	only, the grantee shall provide additional compensation by
303	vesting in the board of trustees fee simple title to other
304	available uplands that are 1.5 times the size of the easement
305	acquired by the grantee. The Secretary of Environmental
306	Protection shall approve the property to be acquired on behalf
307	of the board of trustees based on the geographic location in
308	relation to the land proposed to be under easement and a
309	determination that economic, ecological, and recreational value
310	is at least equivalent to the value of the lands under proposed
311	easement. Priority for replacement uplands shall be given to
312	parcels identified as inholdings and additions to public lands
313	and lands on a Florida Forever land acquisition list. However,
314	if suitable replacement uplands cannot be identified, the
315	grantee shall provide additional compensation for the initial
316	grant of such easements only by paying to the lead manager of
317	the state-owned lands or, when there is no lead manager, by
318	paying to the department an amount equal to two times the
319	current market value of the state-owned land or the highest and
320	best use value at the time of purchase, whichever is greater.
321	When determining such use of funds, priority shall be given to
322	parcels identified as inholdings and additions to public lands
323	and lands on a Florida Forever land acquisition list.
324	Section 5.  Subsection (5) of section 261.04, Florida
325	Statutes, is amended to read:
326	261.04  Off-Highway Vehicle Recreation Advisory Committee;
327	members; appointment.-
328	(5)  The members of the advisory committee shall serve
329	without compensation, but shall be reimbursed for travel and per
330	diem expenses as provided in s. 112.061, while in the
331	performance of their official duties.
332	Section 6.  Section 381.0014, Florida Statutes, is amended
333	to read:
334	381.0014  Regulations and ordinances superseded.-The rules
335	adopted by the department under the provisions of this chapter
336	shall, as to matters of public health, supersede all rules
337	enacted by other state departments, boards or commissions, or
338	ordinances and regulations enacted by municipalities, except
339	that this chapter does not alter or supersede any of the
340	provisions set forth in chapter chapters 502 and 503 or any rule
341	adopted under that chapter the authority of those chapters.
342	Section 7.  Subsection (4) of section 482.051, Florida
343	Statutes, is amended to read:
344	482.051  Rules.-The department has authority to adopt rules
345	pursuant to ss. 120.536(1) and 120.54 to implement the
346	provisions of this chapter. Prior to proposing the adoption of a
347	rule, the department shall counsel with members of the pest
348	control industry concerning the proposed rule. The department
349	shall adopt rules for the protection of the health, safety, and
350	welfare of pest control employees and the general public which
351	require:
352	(4)  That a licensee, before performing general fumigation,
353	notify in writing the department inspector having jurisdiction
354	over the location where the fumigation is to be performed, which
355	notice must be received by the department inspector at least 24
356	hours before in advance of the fumigation and must contain such
357	information as the department requires. However, in an authentic
358	and verifiable emergency, when 24 hours' advance notice
359	notification is not possible, advance notice may be given by
360	telephone, facsimile, or any form of acceptable electronic
361	communication, telegraph notice may be given; but such notice
362	must be immediately followed by written confirmation providing
363	the required information.
364	Section 8.  Subsection (4) of section 482.071, Florida
365	Statutes, is amended to read:
366	482.071  Licenses.-
367	(4)  A licensee may not operate a pest control business
368	without carrying the required insurance coverage. Each person
369	making application for a pest control business license or
370	renewal thereof must furnish to the department a certificate of
371	insurance that meets the requirements for minimum financial
372	responsibility for bodily injury and property damage consisting
373	of:
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
377	the aggregate; or
378	(b)  Combined single-limit coverage: $500,000 $400,000 in
379	the aggregate.
380	Section 9.  Section 482.072, Florida Statutes, is created
381	to read:
382	482.072  Pest control customer contact centers.-
383	(1)  The department may issue a license to a qualified
384	business to operate a customer contact center, to solicit pest
385	control business, or to provide services to customers for one or
386	more business locations licensed under s. 482.071. A person may
387	not operate a customer contact center for a pest control
388	business that is not licensed by the department.
389	(2)(a)  Before operating a customer contact center, and
390	biennially thereafter, on or before an anniversary date set by
391	the department for a licensed customer contact center location,
392	the pest control business must apply to the department for a
393	license under this chapter, or a renewal thereof, for each
394	customer contact center location. An application must be
395	submitted in the format prescribed by the department.
396	(b)  The department shall establish a fee of at least $600,
397	but not more than $1,000, for the issuance of a customer contact
398	center license and a fee of at least $600, but not more than
399	$1,000, for renewal of a customer contact center license.
400	However, until rules for renewal fees are adopted, the initial
401	licensing fee and renewal fee are each $600. The department
402	shall establish a grace period, not to exceed 30 calendar days
403	after the license's anniversary renewal date, and shall assess a
404	late fee of $150, in addition to the renewal fee, for a license
405	that is renewed after the grace period.
406	(c)  A license automatically expires 60 calendar days after
407	the anniversary renewal date unless the license is renewed
408	before that date. When a license expires, it may be reinstated
409	only upon reapplication and payment of the license renewal fee
410	and a late renewal fee.
411	(d)  A license automatically expires if a licensee changes
412	the business address of its customer contact center location.
413	The department shall issue a new license upon payment of a $250
414	fee. The new license automatically expires 60 calendar days
415	after the anniversary renewal date of the former license unless
416	the license is renewed before that date.
417	(e)  The department may not issue or renew a license to
418	operate a customer contact center unless the pest control
419	business licensees for which the customer contact center
420	solicits business are owned in common by a person or business
421	entity recognized by this state.
422	(f)  The department may deny a license or refuse to renew a
423	license if the applicant or licensee, or one or more of the
424	applicant's or licensee's directors, officers, owners, or
425	general partners, are or have been directors, officers, owners,
426	or general partners of a pest control business that meets the
427	conditions in s. 482.071(2)(g).
428	(g)  Sections 482.091 and 482.152 do not apply to a person
429	who solicits pest control services or provides customer service
430	in a licensed customer contact center unless the person performs
431	pest control as defined in s. 482.021(22)(a)-(d), executes a
432	pest control contract, or accepts remuneration for such work.
433	(h)  Section 482.071(2)(e) does not apply to a license
434	issued under this section.
435	(3)(a)  The department shall adopt rules establishing
436	requirements and procedures for customer contact center
437	recordkeeping and monitoring to ensure compliance with this
438	section 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
441	disciplinary action under s. 482.161 for a violation of this
442	section or a rule adopted under this section committed by a
443	person who solicits pest control services or provides customer
444	service in a customer contact center.
445	2.  A pest control business licensee may be subject to
446	disciplinary action under s. 482.161 for a violation of this
447	section or a rule adopted under this section committed by a
448	person who solicits pest control services or provides customer
449	service in a customer contact center operated by a licensee if
450	the licensee participates in the violation.
451	Section 10.  Section 482.157, Florida Statutes, is created
452	to read:
453	482.157  Limited certification for commercial wildlife
454	management personnel.-
455	(1)  The department shall establish a limited certificate
456	that authorizes a person who engages in the commercial trapping
457	of wildlife to use nonchemical methods, including traps,
458	mechanical or electronic devices, and exclusionary techniques to
459	control commensal rodents.
460	(2)  The department shall issue a limited certificate to an
461	applicant 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
464	rule;
465	(b)  Passes an examination administered by the department.
466	The department shall provide the appropriate study materials for
467	the examination and make the examination readily available to
468	applicants in each county as necessary, but not less frequently
469	than quarterly; and
470	(c)  Provides proof, including a certificate of insurance,
471	that the applicant has met the minimum bodily injury and
472	property damage insurance requirements in s. 482.071(4).
473	(3)  An application for recertification must be made
474	annually and be accompanied by a recertification fee of at least
475	$75, but not more than $150, as prescribed by the department by
476	rule. The application must also be accompanied by proof of
477	completion of the required 4 classroom hours of acceptable
478	continuing education and the required proof of insurance. After
479	a grace period not exceeding 30 calendar days after the
480	recertification renewal date, the department shall assess a late
481	fee of $50 in addition to the renewal fee. A certificate
482	automatically expires 180 days after the recertification date if
483	the renewal fee has not been paid. After expiration, the
484	department shall issue a new certificate only if the applicant
485	successfully passes a reexamination and pays the examination fee
486	and late fee.
487	(4)  Certification under this section does not authorize:
488	(a)  The use of pesticides or chemical substances, other
489	than adhesive materials, to control rodents or other nuisance
490	wildlife in, on, or under structures;
491	(b)  Operation of a pest control business; or
492	(c)  Supervision of an uncertified person using nonchemical
493	methods to control rodents.
494	Section 11.  Section 482.183, Florida Statutes, is amended
495	to read:
496	482.183  Limitations.-
497	(1)(a)  A person may not be charged with a violation of
498	this chapter or any rule adopted pursuant to this chapter more
499	than 3 years after the date of the violation.
500	(b)(2)  For the purpose of this subsection section, a
501	charge of violation is considered to have been made upon the
502	issuance of a notice or citation by the department charging such
503	violation.
504	(2)  A person licensed or certified under this chapter who
505	practices accepted pest control methods is immune from liability
506	under s. 828.12.
507	(3)  This chapter does not exempt a person from the rules,
508	regulations, or orders of the Fish and Wildlife Conservation
509	Commission.
510	Section 12.  Subsection (6) of section 482.226, Florida
511	Statutes, is amended to read:
512	482.226  Wood-destroying organism inspection report; notice
513	of inspection or treatment; financial responsibility.-
514	(6)  Any licensee that performs wood-destroying organism
515	inspections in accordance with subsection (1) must meet minimum
516	financial responsibility in the form of errors and omissions
517	(professional liability) insurance coverage or bond in an amount
518	no less than $500,000 $50,000 in the aggregate and $250,000
519	$25,000 per occurrence, or demonstrate that the licensee has
520	equity or net worth of no less than $500,000 $100,000 as
521	determined by generally accepted accounting principles
522	substantiated by a certified public accountant's review or
523	certified audit. The licensee must show proof of meeting this
524	requirement at the time of license application or renewal
525	thereof.
526	Section 13.  Subsection (6) of section 482.243, Florida
527	Statutes, is amended to read:
528	482.243  Pest Control Enforcement Advisory Council.-
529	(6)  The meetings, powers and duties, procedures, and
530	recordkeeping, and reimbursement of expenses of members of the
531	council shall be in accordance with the provisions of s.
532	570.0705 relating to advisory committees established within the
533	department.
534	Section 14.  Paragraph (a) of subsection (1) of section
535	487.041, Florida Statutes, is amended, and paragraphs (h), (i),
536	and (j) are added to that subsection, to read:
537	487.041  Registration.-
538	(1)(a)  Effective January 1, 2009, each brand of pesticide,
539	as defined in s. 487.021, which is distributed, sold, or offered
540	for sale, except as provided in this section, within this state
541	or delivered for transportation or transported in intrastate
542	commerce or between points within this state through any point
543	outside this state must be registered in the office of the
544	department, and such registration shall be renewed biennially.
545	Emergency exemptions from registration may be authorized in
546	accordance with the rules of the department. The registrant
547	shall file with the department a statement including:
548	1.  The name, business mailing address, and street address
549	of the registrant.
550	2.  The name of the brand of pesticide.
551	3.  An ingredient statement and a complete current copy of
552	the labeling accompanying the brand of the pesticide, which must
553	conform to the registration, and a statement of all claims to be
554	made for it, including directions for use and a guaranteed
555	analysis showing the names and percentages by weight of each
556	active ingredient, the total percentage of inert ingredients,
557	and the names and percentages by weight of each "added
558	ingredient."
559	(h)  All registration fees, including supplemental fees and
560	late fees, are nonrefundable.
561	(i)  For any currently registered pesticide product brand
562	that undergoes labeling revisions during the registration
563	period, the registrant shall submit to the department a copy of
564	the revised labeling along with a cover letter detailing such
565	revisions before the sale or distribution in this state of the
566	product brand with the revised labeling. If the labeling
567	revisions require notification of an amendment review by the
568	United States Environmental Protection Agency, the registrant
569	shall submit an additional copy of the labeling marked to
570	identify those revisions.
571	(j)  Effective January 1, 2013, all payments of any
572	pesticide registration fees, including supplemental fees and
573	late fees, shall be submitted electronically using the
574	department's Internet website for registration of pesticide
575	product brands.
576	Section 15.  Subsection (5) of section 487.0615, Florida
577	Statutes, is amended to read:
578	487.0615  Pesticide Review Council.-
579	(5)  Members of the council shall receive no compensation
580	for their services, but are entitled to be reimbursed for per
581	diem and travel expenses as provided in s. 112.061.
582	Section 16.  Subsection (6) of section 500.70, Florida
583	Statutes, 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;
586	penalties; tomato good agricultural practices; tomato best
587	management practices.-
588	(6)  Any person who produces, harvests, packs, or repacks
589	tomatoes in this state and does not hold a food permit issued
590	under s. 500.12 shall annually register each location of a
591	tomato farm, tomato greenhouse, tomato packinghouse, or tomato
592	repacker by August 1 on a form prescribed by the department. Any
593	person who produces, harvests, packs, or repacks tomatoes at
594	more than one location may submit one registration for all such
595	locations but must provide the physical address of each
596	location. The department may set by rule an annual registration
597	fee not to exceed $500. Moneys collected pursuant to this
598	subsection shall be deposited into the General Inspection Trust
599	Fund.
600	Section 17.  The title of chapter 502, Florida Statutes, is
601	redesignated as "MILK, MILK PRODUCTS, AND FROZEN DESSERTS."
602	Section 18.  Section 502.012, Florida Statutes, is amended
603	to read:
604	502.012  Definitions.-As used in this chapter, the term The
605	following definitions shall apply in the interpretation and
606	enforcement of this law:
607	(1)  "Bulk milk pickup tanker" means a vehicle, including
608	the truck and tank, and necessary attachments, used by a milk
609	hauler to transport bulk raw milk for pasteurization from a
610	dairy farm to a milk plant, receiving station, or transfer
611	station.
612	(2)  "Dairy farm" means any place or premises where one or
613	more cows, goats, sheep, water buffalo, or other hooved mammals
614	are kept and from which a part or all of the milk is provided,
615	sold, or offered for sale.
616	(3)  "Department" means the Department of Agriculture and
617	Consumer Services.
618	(4)  "Frozen dessert" means a specific standardized frozen
619	dessert described in 21 C.F.R. part 135 and any other food
620	defined by rule of the department that resembles such
621	standardized frozen dessert but does not conform to the specific
622	description of such standardized frozen dessert in 21 C.F.R.
623	part 135. The term includes, but is not limited to, a
624	quiescently frozen confection, a quiescently frozen dairy
625	confection, a frozen dietary dairy dessert, and a frozen dietary
626	dessert.
627	(5)  "Frozen desserts manufacturer" means a person who
628	manufactures, processes, converts, partially freezes, or freezes
629	any mix or frozen dessert for distribution or sale.
630	(6)  "Frozen desserts plant" means any location or premises
631	at which frozen desserts or mix are manufactured, processed, or
632	frozen for distribution or sale at wholesale.
633	(7)  "Frozen desserts retail establishment" means any
634	location or premises, including a retail store, stand, hotel,
635	boardinghouse, restaurant, vehicle, or mobile unit, at which
636	frozen desserts are frozen, partially frozen, or dispensed for
637	sale at retail.
638	(8)  "Frozen dietary dairy dessert" or "frozen dietary
639	dessert" means a food for any special dietary use, prepared by
640	freezing, with or without agitation, and composed of a
641	pasteurized mix that may contain fat, protein, carbohydrates,
642	natural or artificial sweeteners, flavoring, stabilizers,
643	emulsifiers, vitamins, and minerals.
644	(9)(4)  "Grade 'A' pasteurized milk ordinance" means the
645	document entitled "Grade 'A' Pasteurized Milk Ordinance, United
646	States Department of Health and Human Services, Public Health
647	Service, Food and Drug Administration," including all associated
648	appendices, as adopted by department rule.
649	(10)(5)  "Imitation milk and imitation milk products" means
650	those foods that have the physical characteristics, such as
651	taste, flavor, body, texture, or appearance, of milk or milk
652	products as defined in this chapter and the Grade "A"
653	pasteurized milk ordinance but do not come within the definition
654	of "milk" or "milk products" and are nutritionally inferior to
655	the product imitated.
656	(11)(6)  "Milk" means the lacteal secretion, practically
657	free from colostrum, obtained by the complete milking of one or
658	more healthy cows, goats, sheep, water buffalo, or other hooved
659	mammals.
660	(12)(7)  "Milk distributor" means any person who offers for
661	sale or sells to another person any milk or milk product.
662	(13)(8)  "Milk products" means products made with milk that
663	is processed in some manner, including being whipped, acidified,
664	cultured, concentrated, lactose-reduced, or sodium-reduced or
665	aseptically processed, or having the addition or subtraction of
666	milkfat, the addition of safe and suitable microbial organisms,
667	or the addition of safe and suitable optional ingredients for
668	protein, vitamin, or mineral fortification. "Milk products" do
669	not include products such as evaporated milk, condensed milk,
670	eggnog in a rigid metal container, dietary products, infant
671	formula, or ice cream and other desserts.
672	(14)(9)  "Milkfat" or "butterfat" means the fat contained
673	in milk.
674	(15)(10)  "Milk hauler" means any person who transports raw
675	milk or raw milk products to or from a milk plant, receiving
676	station, or transfer station.
677	(16)(11)  "Milk plant" means any place, premises, or
678	establishment where milk or milk products are collected,
679	handled, processed, stored, pasteurized, aseptically processed,
680	bottled, or prepared for distribution.
681	(17)(12)  "Milk plant operator" means any person
682	responsible for receiving, processing, pasteurizing, or
683	packaging milk and milk products, or performing any other
684	related operation.
685	(18)(13)  "Milk producer" means any person who operates a
686	dairy farm and provides, sells, or offers for sale milk to a
687	milk plant, receiving station, or transfer station.
688	(19)(14)  "Milk tank truck" means either a bulk milk pickup
689	tanker or a milk transport tank.
690	(20)(15)  "Milk transport tank" means a vehicle, including
691	the truck and tank, used by a milk hauler to transport bulk
692	shipments of milk from a milk plant, receiving station, or
693	transfer station to another milk plant, receiving station, or
694	transfer station.
695	(21)  "Quiescently frozen confection" means a clean and
696	wholesome frozen, sweetened, flavored product that, while being
697	frozen, was not stirred or agitated (generally known as
698	quiescent freezing). The confection may be acidulated with food-
699	grade acid, may contain milk solids or water, or may be made
700	with or without added harmless pure or imitation flavoring and
701	with or without harmless coloring. The finished product must not
702	contain more than 0.5 percent by weight of stabilizer composed
703	of wholesome, edible material and must not contain less than 17
704	percent by weight of total food solids. In the production of the
705	confection, processing or mixing before quiescent freezing that
706	develops in the finished confection mix any physical expansion
707	in excess of 10 percent may not be used.
708	(22)  "Quiescently frozen dairy confection" means a clean
709	and wholesome frozen product made from water, milk products, and
710	sugar, with added harmless pure or imitation flavoring, with or
711	without added harmless coloring, with or without added
712	stabilizer, or with or without added emulsifier, that, while
713	being frozen, was not stirred or agitated (generally known as
714	quiescent freezing). The confection must not contain less than
715	13 percent by weight of total milk solids, less than 33 percent
716	by weight of total food solids, more than 0.5 percent by weight
717	of stabilizer, or more than 0.2 percent of weight by emulsifier.
718	Stabilizer and emulsifier must be composed of wholesome, edible
719	material. In the production of a quiescently frozen dairy
720	confection, processing or mixing before quiescently freezing
721	that develops in the finished confection mix any physical
722	expansion 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
725	establishment where raw milk is received, collected, handled,
726	stored, or cooled and is prepared for further transporting.
727	(25)(18)  "Substitute milk and substitute milk products"
728	means those foods that have the physical characteristics, such
729	as taste, flavor, body, texture, or appearance, of milk or milk
730	products as defined in this chapter and the Grade "A"
731	pasteurized milk ordinance but do not come within the definition
732	of "milk" or "milk products" and are nutritionally equivalent to
733	the product for which they are substitutes.
734	(26)(19)  "Transfer station" means any place, premises, or
735	establishment where milk or milk products are transferred
736	directly from one milk tank truck to another.
737	(27)(20)  "Washing station" means any place, premises, or
738	establishment where milk tank trucks are cleaned and sanitized.
739	Section 19.  Section 502.013, Florida Statutes, is amended
740	to 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
744	agency or the dairy industry, that milk, and milk products,
745	frozen desserts, and frozen dessert mix sold or offered for sale
746	in this state are produced under sanitary conditions, are
747	wholesome and fit for human consumption, and are correctly
748	labeled as to grade, quality, and source of production.
749	(b)  Encourage uniformity and a high level of sanitation in
750	milk and frozen dessert production practices in this state.
751	(c)  Facilitate the shipment and acceptance of milk and
752	milk products of high sanitary quality in interstate and
753	intrastate commerce.
754	(d)  Ensure the normal flow of fresh wholesome milk and
755	milk products from the farmer to the consumer by uniform
756	regulation of the shelf life of milk and milk products in this
757	state.
758	(2)  INTENT.-
759	(a)  It is the intent of the Legislature to:
760	1.  Eliminate, to the extent practicable, overlapping and
761	unnecessary inspections of dairy farms, and milk plants, and
762	frozen dessert plants which may be performed by any agency of
763	state or local government.
764	2.  Pay for the regulation of milk and milk products,
765	except as otherwise provided in s. 502.053 502.032, through the
766	General Revenue Fund.
767	(b)  It is not the intent of the Legislature to limit the
768	authority of any agency of state or local government to take
769	immediate action incident to the production, processing, or
770	distribution of milk, and milk products, and frozen desserts
771	when such action is necessary to protect the public health.
772	Section 20.  Subsections (1), (2), (6), and (7) of section
773	502.014, Florida Statutes, are amended to read:
774	502.014  Powers and duties.-
775	(1)  The department shall administer and enforce all
776	regulatory laws currently in effect governing:
777	(a)  The production, processing, and distribution of milk,
778	and milk products, frozen desserts, and frozen dessert mix.
779	(b)  The sanitation and sanitary practices of
780	establishments where food and drink, including milk and milk
781	products, are sold for consumption on the premises, except food
782	service establishments regulated under chapters 381 and 509.
783	(c)  The sanitary and healthful condition of the food and
784	drink sold or offered for sale by establishments under the
785	department's jurisdiction pursuant to paragraph (b).
786	(d)  The laboratory work of testing and analyzing milk, and
787	milk products, frozen desserts, and frozen dessert mix.
788	(2)(a)  The department shall conduct onsite inspections of
789	dairy farms, and milk plants, and frozen dessert plants and
790	collect test samples of milk, and milk products, and frozen
791	desserts as required by this chapter.
792	(b)  The department shall designate employees who shall be
793	certified by the United States Food and Drug Administration as
794	state milk sanitation rating officers, sampling surveillance
795	officers, and laboratory evaluation officers in accordance with
796	the requirements published in "Methods of Making Sanitation
797	Ratings of Milk Shippers Supplies," "Evaluation of Milk
798	Laboratories," and "Procedures Governing the Cooperative State-
799	Public Health Service/Food and Drug Administration Program for
800	Certification of Interstate Milk Shippers," respectively, as
801	adopted by department rule. These officers shall conduct routine
802	sanitation compliance survey ratings of milk producers, milk
803	plants, laboratories, receiving stations, transfer stations, and
804	manufacturers of single-service containers for milk and milk
805	products. These ratings shall be made in accordance with the
806	recommendations of the United States Food and Drug
807	Administration published in "Methods of Making Sanitation
808	Ratings of Milk Shippers." Standard Methods for the Examination
809	of Dairy Products.
810	(6)  The department has authority to adopt rules pursuant
811	to ss. 120.536(1) and 120.54 to implement and enforce the
812	provisions of this chapter. In adopting these rules, the
813	department shall be guided by and may conform to the definitions
814	and standards of the administrative procedures and provisions of
815	the Grade "A" pasteurized milk ordinance and other applicable
816	federal requirements. The rules shall include, but are not
817	limited to:
818	(a)  Standards for milk, and milk products, and frozen
819	desserts.
820	(b)  Provisions for the production, transportation,
821	processing, handling, sampling, examination, grading, labeling,
822	and sale of all milk, and milk products, frozen desserts, and
823	imitation and substitute milk and milk products sold for public
824	consumption in this state.
825	(c)  Provisions for the inspection of dairy herds, dairy
826	farms, frozen dessert plants, and milk plants.
827	(d)  Provisions for the issuance and revocation of permits
828	issued by the department pursuant to this chapter.
829	(7)  The department shall not conduct routine tests or
830	inspections on raw milk that is shipped from outside the state.
831	Nothing in this subsection shall be construed to limit the
832	authority of the department to review industry records or sample
833	milk or frozen desserts at any stage of production, processing,
834	or distribution in cases of suspected hazard to public health.
835	Section 21.  Section 502.032, Florida Statutes, is
836	repealed.
837	Section 22.  Section 502.053, Florida Statutes, is amended
838	to read:
839	502.053  Permits and licenses; fees; requirements;
840	exemptions; temporary permits.-
841	(1)  PERMITS AND LICENSES.-
842	(a)  Each Grade "A" milk plant, whether located in the
843	state or outside the state, and each manufacturing milk plant,
844	milk producer, milk hauler, milk hauling service, washing
845	station operator, milk plant operator, milk distributor, single-
846	service-container manufacturer, receiving station, and transfer
847	station in the state shall apply to the department for a permit
848	to operate. The application shall be on forms developed by the
849	department.
850	(b)  Each frozen dessert plant, whether located in the
851	state or outside the state, that manufactures frozen desserts or
852	other products defined in this chapter and offers these products
853	for sale in this state must apply to the department for a permit
854	to operate. The application must be submitted on forms
855	prescribed by the department. All frozen dessert permits expire
856	on June 30 of each year.
857	(c)  Any person who tests milk or milk products for milkfat
858	content by weight, volume, chemical, electronic, or other method
859	when the result of such test is used as a basis for payment for
860	the milk or milk products must apply to the department for a
861	license. To qualify for a license, the applicant must
862	demonstrate a sufficiency of knowledge, ability, and equipment
863	to adequately perform milkfat tests. The license shall be issued
864	for a period of 2 years after the date of first issuance upon
865	application to the department on forms prescribed by the
866	department.
867	(d)(b)  Permits and licenses are nontransferable between
868	persons or locations and are subject to suspension or revocation
869	as provided in this chapter.
870	(2)  FEES.-
871	(a)  The initial application for a frozen dessert plant
872	permit must be accompanied by a permit fee of $200. The annual
873	permit renewal fee is $100.
874	(b)  The department shall charge each applicant for a
875	milkfat tester's license a fee not to exceed $125.
876	(3)(2)  REQUIREMENTS.-
877	(a)  To obtain a frozen dessert plant permit or milkfat
878	tester's license, an applicant must satisfy all requirements
879	that are defined by the department in rule and must agree to
880	comply with the applicable provisions of this chapter and rules
881	adopted under this chapter. The department shall mail a copy of
882	the permit or license to the applicant to signify that
883	administrative requirements have been met.
884	(b)  All permitholders must maintain records of
885	transactions concerning the procurement, production, and
886	processing of milk and milk products as required in the Grade
887	"A" pasteurized milk ordinance and grant department inspectors
888	access to such records during all reasonable hours.
889	(c)  In addition to the testing required in the Grade "A"
890	pasteurized milk ordinance and its appendices, each milk plant
891	operator in the state shall be responsible for routine testing
892	and inspection of raw milk shipped from outside the state prior
893	to processing and shall notify the department when such testing
894	and inspection indicate a violation of the standards contained
895	in the Grade "A" pasteurized milk ordinance.
896	(d)  Each frozen dessert plant permitholder must report
897	monthly, quarterly, semiannually, or annually, as required by
898	the department, the number of gallons of frozen dessert or
899	frozen dessert mix sold or manufactured by the permitholder in
900	this state.
901	(e)  Each licensed milkfat tester shall keep records of
902	milkfat tests conducted by him or her for a period of 1 year,
903	and such records must be available for inspection by the
904	department at all reasonable hours.
905	(4)(3)  EXEMPTIONS.-
906	(a)  The following persons shall be exempt from milk hauler
907	permit requirements:
908	1.  Milk producers who transport milk or milk products only
909	from their own dairy farms.
910	2.  Employees of a milk distributor or milk plant operator
911	who possesses a valid permit.
912	3.  Drivers of bulk milk tank trucks between locations who
913	do not collect milk from farms.
914	(b)  Grocery stores, restaurants, soda fountains, and
915	similar establishments where milk or milk products are served or
916	sold, but not processed, may be exempted from permit
917	requirements.
918	(c)  Frozen desserts retail establishments as defined in s.
919	502.012 are exempt from this chapter.
920	(5)(4)  TEMPORARY PERMITS.-
921	(a)  The department may issue a temporary permit for a
922	period not exceeding 90 days to milk producers who have
923	submitted an application to the department and passed a
924	preliminary inspection as required in the Grade "A" pasteurized
925	milk ordinance.
926	(b)  During this 90-day period, the department shall act
927	expeditiously to determine compliance with all relevant laws
928	and, upon finding compliance, shall issue a permit pursuant to
929	subsection (1).
930	Section 23.  Section 502.054, Florida Statutes, is amended
931	to read:
932	502.054  Inspection and reinspection.-
933	(1)  The department shall establish a schedule for
934	inspections which shall require routine inspections in
935	accordance with the minimum requirements contained in the Grade
936	"A" pasteurized milk ordinance and more frequent inspections or
937	reinspections for permitholders with serious or repeated
938	violations.
939	(2)  The department shall inspect frozen desserts and
940	frozen dessert plants that handle and process mix and
941	manufacture frozen desserts for wholesale. Inspections must be
942	based on the frequency and severity of a violation. However, the
943	department must comply with all federal requirements governing
944	inspections.
945	Section 24.  Subsection (1) of section 502.091, Florida
946	Statutes, 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,
949	pasteurized manufactured milk products, ice cream, and frozen
950	desserts, and cheese made from pasteurized milk shall be sold at
951	retail to the final consumer or to food service establishments
952	as defined in chapter 381, food establishments as defined in
953	chapter 500, or public food service establishments as defined in
954	chapter 509. Cheese made from raw milk may also be sold at
955	retail to the final consumer or to food service establishments
956	as defined in chapter 381, food establishments as defined in
957	chapter 500, or public food service establishments as defined in
958	chapter 509 if the cheese is aged more than 60 days at a
959	temperature above 35° F.
960	(a)  In an emergency, however, the department may authorize
961	the sale of reconstituted pasteurized milk products, or
962	pasteurized milk and milk products that have not been graded or
963	the grade of which is unknown, in which case such milk and milk
964	products shall be appropriately labeled, as determined by the
965	department.
966	(b)  If the department determines that milk is fit for
967	human consumption even though it is less than Grade "A" because
968	the producer failed to comply with the sanitation or bacterial
969	standards defined in this chapter, or if any specific shipment
970	of milk fails to comply with standards of the Grade "A"
971	pasteurized milk ordinance, the department may issue a permit
972	allowing the milk to be used in ungraded products, such as
973	frozen desserts, which are being processed by such milk plant.
974	During processing of such milk, it shall be pasteurized at a
975	temperature of at least 175° F. for at least 15 seconds or at
976	least 160° F. for at least 30 minutes.
977	Section 25.  Subsections (1) and (2) of section 502.121,
978	Florida Statutes, are amended to read:
979	502.121  Future dairy farms and milk and frozen dessert
980	plants.-
981	(1)  All future construction or extensive alteration of
982	milk houses, milking barns, stables, parlors, transfer stations,
983	and milk and frozen dessert plants regulated under this chapter
984	must meet certain minimum specifications and requirements which
985	the department shall establish by rule.
986	(2)  Anyone who plans to construct a new milk house,
987	milking barn, stable, parlor, transfer station, or milk or
988	frozen dessert plant, or extensively alter any such existing
989	facility, shall notify the department in writing of the
990	intention to construct or alter, the date construction or
991	alteration is to begin, and the legal description of the
992	property for which the construction is planned.
993	Section 26.  Subsection (1) of section 502.181, Florida
994	Statutes, is amended to read:
995	502.181  Prohibited acts.-It is unlawful for any person in
996	this state to:
997	(1)  Engage in the business of producing, hauling,
998	transferring, receiving, processing, packaging, or distributing
999	milk, or milk products, or frozen desserts or operating a
1000	washing station, manufacturing single-service containers,
1001	manufacturing imitation or substitute milk or milk products, or
1002	testing for milkfat content, without first obtaining a permit or
1003	license from the department.
1004	Section 27.  Subsection (1) of section 502.231, Florida
1005	Statutes, is amended to read:
1006	502.231  Penalty and injunction.-
1007	(1)  The department may enter an order imposing one or more
1008	of the following penalties against any person who violates any
1009	provision of the provisions of this chapter:
1010	(a)  Issuance of a warning letter that relates to the class
1011	of the violation.
1012	(b)  Imposition of an administrative fine not to exceed:
1013	1.  Ten thousand dollars per violation in the case of a
1014	frozen dessert licensee;
1015	2.  Ten percent of the license fee or $100, whichever is
1016	greater, for failure to report the information described in s.
1017	502.053(3)(d); or
1018	3.  One thousand dollars of not more than $1,000 per
1019	occurrence for any other violation.
1020
1021	(c)  When imposing a fine under this paragraph section, the
1022	department must consider the degree and extent of harm caused by
1023	the violation, the cost of rectifying the damage, the benefit to
1024	the violator, whether the violation was committed willfully, and
1025	the violator's compliance record.
1026	(c)(d)  Revocation or suspension of any permit issued by
1027	the department under this chapter.
1028	Section 28.  Section 502.232, Florida Statutes, is amended
1029	to read:
1030	502.232  Local regulations superseded.-All special or local
1031	acts, general laws of limited application, county ordinances or
1032	resolutions, municipal ordinances or resolutions, and municipal
1033	charter provisions that authorize the regulation of milk or milk
1034	products, or frozen desserts for wholesale, are superseded by
1035	this chapter and the rules adopted pursuant to this chapter.
1036	Section 29.  Chapter 503, Florida Statutes, consisting of
1037	sections 503.011, 503.021, 503.031, 503.041, 503.0415, 503.051,
1038	503.071, 503.081, and 503.091, is repealed.
1039	Section 30.  Subsection (5) of section 527.22, Florida
1040	Statutes, is amended to read:
1041	527.22  Florida Propane Gas Education, Safety, and Research
1042	Council established; membership; duties and responsibilities.-
1043	(5)  Council members shall receive no compensation or
1044	honorarium for their services, and are authorized to receive
1045	only per diem and reimbursement for travel expenses as provided
1046	in s. 112.061.
1047	Section 31.  Subsection (3) of section 559.9221, Florida
1048	Statutes, is amended to read:
1049	559.9221  Motor Vehicle Repair Advisory Council.-The Motor
1050	Vehicle Repair Advisory Council is created to advise and assist
1051	the department in carrying out this part.
1052	(3)  The members of the council shall receive no
1053	compensation for their services, except that they may receive
1054	per diem and travel expenses as provided in s. 112.061.
1055	Section 32.  Subsections (16), (19), and (28) of section
1056	570.07, Florida Statutes, are amended to read:
1057	570.07  Department of Agriculture and Consumer Services;
1058	functions, powers, and duties.-The department shall have and
1059	exercise 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;
1064	composition; formulation, including nutrient content level and
1065	release rates; distribution; and analysis of commercial stock
1066	feeds and commercial fertilizers;
1067	(d)  Classification, inspection, and sale of poultry and
1068	eggs;
1069	(e)  Registration, inspection, and analysis of gasolines
1070	and oils;
1071	(f)  Registration, labeling, inspection, and analysis of
1072	pesticides;
1073	(g)  Registration, labeling, inspection, germination
1074	testing, 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
1081	legislation applying to milk and milk products, ice cream, and
1082	frozen desserts;
1083	(n)  Recordation and inspection of marks and brands of
1084	livestock; and
1085	(o)  All other regulatory laws relating to agriculture.
1086
1087	In order to ensure uniform health and safety standards, the
1088	adoption of standards and fines in the subject areas of
1089	paragraphs (a)-(n) is expressly preempted to the state and the
1090	department. Any local government enforcing the subject areas of
1091	paragraphs (a)-(n) must use the standards and fines set forth in
1092	the pertinent statutes or any rules adopted by the department
1093	pursuant to those statutes. A county that has adopted an
1094	ordinance regulating the sale of urban turf fertilizer before
1095	January 1, 2011, is not subject to paragraph (c). However, if
1096	the county amends or changes any portion of such ordinance after
1097	January 1, 2011, paragraph (c) shall apply.
1098	(19)  To protect the dairy interests of the state; and, to
1099	that end, it shall enforce those functions, powers, and duties
1100	given to it in chapter chapters 502 and 503.
1101	(28)  For purposes of pollution control and the prevention
1102	of wildfires purposes, to regulate open burning connected with
1103	rural land-clearing, agricultural, or forestry operations,
1104	except fires for cold or frost protection.
1105	Section 33.  Subsection (9) of section 570.0705, Florida
1106	Statutes, is amended to read:
1107	570.0705  Advisory committees.-From time to time the
1108	commissioner may appoint any advisory committee to assist the
1109	department with its duties and responsibilities.
1110	(9)  Members of each advisory committee shall receive no
1111	compensation for their services, but shall be entitled to
1112	reimbursement for per diem and travel expenses as provided in s.
1113	112.061.
1114	Section 34.  Section 570.074, Florida Statutes, is amended
1115	to read:
1116	570.074  Department of Agriculture and Consumer Services;
1117	energy and water policy coordination.-The commissioner may
1118	create an Office of Energy and Water Coordination under the
1119	supervision of a senior manager exempt under s. 110.205 in the
1120	Senior Management Service. The commissioner may designate the
1121	bureaus and positions in the various organizational divisions of
1122	the department that report to this office relating to any matter
1123	over which the department has jurisdiction in matters relating
1124	to energy and water policy affecting agriculture, application of
1125	such policies, and coordination of such matters with state and
1126	federal agencies.
1127	Section 35.  Section 570.18, Florida Statutes, is amended
1128	to read:
1129	570.18  Organization of departmental work.-In the
1130	assignment of functions to the 12 divisions of the department
1131	created in s. 570.29, the department shall retain within the
1132	Division of Administration, in addition to executive functions,
1133	those powers and duties enumerated in s. 570.30. The department
1134	shall organize the work of the other 11 divisions in such a way
1135	as to secure maximum efficiency in the conduct of the
1136	department. The divisions created in s. 570.29 are solely to
1137	make possible the definite placing of responsibility. The
1138	department shall be conducted as a unit in which every employee,
1139	including each division director, is assigned a definite
1140	workload, and there shall exist between division directors a
1141	spirit of cooperative effort to accomplish the work of the
1142	department.
1143	Section 36.  Subsection (2) of section 570.23, Florida
1144	Statutes, is amended to read:
1145	570.23  State Agricultural Advisory Council.-
1146	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1147	COMPENSATION.-The meetings, powers and duties, procedures, and
1148	recordkeeping of the State Agricultural Advisory Council, and
1149	per diem and reimbursement of expenses of council members, shall
1150	be governed by the provisions of s. 570.0705 relating to
1151	advisory committees established within the department.
1152	Section 37.  Subsections (7) through (12) of section
1153	570.29, Florida Statutes, are renumbered as subsections (6)
1154	through (11), respectively, and present subsection (6) is
1155	amended to read:
1156	570.29  Departmental divisions.-The department shall
1157	include the following divisions:
1158	(6)  Dairy Industry.
1159	Section 38.  Subsection (2) of section 570.38, Florida
1160	Statutes, is amended to read:
1161	570.38  Animal Industry Technical Council.-
1162	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1163	COMPENSATION.-The meetings, powers and duties, procedures, and
1164	recordkeeping of the Animal Industry Technical Council, and per
1165	diem and reimbursement of expenses of council members, shall be
1166	governed by the provisions of s. 570.0705 relating to advisory
1167	committees established within the department.
1168	Section 39.  Paragraph (d) of subsection (3) of section
1169	570.382, Florida Statutes, is amended to read:
1170	570.382  Arabian horse racing; breeders' and stallion
1171	awards; Arabian Horse Council; horse registration fees; Florida
1172	Arabian Horse Racing Promotion Account.-
1173	(3)  ARABIAN HORSE COUNCIL.-
1174	(d)  Members of the council shall receive no compensation
1175	for their services, except that they shall receive per diem and
1176	travel expenses as provided in s. 112.061 when actually engaged
1177	in the business of the council.
1178	Section 40.  Sections 570.40 and 570.41, Florida Statutes,
1179	are repealed.
1180	Section 41.  Subsection (2) of section 570.42, Florida
1181	Statutes, is amended to read:
1182	570.42  Dairy Industry Technical Council.-
1183	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1184	COMPENSATION.-The meetings, powers and duties, procedures, and
1185	recordkeeping of the Dairy Industry Technical Council, and per
1186	diem and reimbursement of expenses of council members, shall be
1187	governed by the provisions of s. 570.0705 relating to advisory
1188	committees established within the department.
1189	Section 42.  Subsections (2) and (3) of section 570.50,
1190	Florida Statutes, are amended, and subsections (6) and (7) are
1191	added to that section, to read:
1192	570.50  Division of Food Safety; powers and duties.-The
1193	duties of the Division of Food Safety include, but are not
1194	limited to:
1195	(2)  Conducting those general inspection activities
1196	relating to food and food products being processed, held, or
1197	offered for sale in this state and enforcing those provisions of
1198	chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601
1199	relating to foods as authorized by the department.
1200	(3)  Analyzing samples of foods offered for sale in this
1201	state as required under chapters 500, 501, 502, 503, 585, 586,
1202	and 601.
1203	(6)  Inspecting dairy farms of the state, enforcing those
1204	provisions of chapter 502 that are authorized by the department
1205	and related to the supervision of milking operations, and
1206	enforcing rules adopted under such provisions.
1207	(7)  Inspecting milk plants, milk product plants, and
1208	plants engaged in the manufacture and distribution of frozen
1209	desserts and frozen dessert mixes; analyzing and testing samples
1210	of milk, milk products, frozen desserts, and frozen dessert
1211	mixes collected by the division; and enforcing those provisions
1212	of chapter 502 that are authorized by the department.
1213	Section 43.  Subsection (2) of section 570.51, Florida
1214	Statutes, is amended to read:
1215	570.51  Director; qualifications; duties.-
1216	(2)  The director shall supervise, direct, and coordinate
1217	the activities of the division and enforce the provisions of
1218	chapters 500, 501, 502, 503, 531, 583, 585, and 601 and any
1219	other chapter necessary to carry out the responsibilities of the
1220	division.
1221	Section 44.  Subsection (2) of section 570.543, Florida
1222	Statutes, is amended to read:
1223	570.543  Florida Consumers' Council.-The Florida Consumers'
1224	Council in the department is created to advise and assist the
1225	department in carrying out its duties.
1226	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1227	COMPENSATION.-The meetings, powers and duties, procedures, and
1228	recordkeeping of the Florida Consumers' Council, and per diem
1229	and reimbursement of expenses of council members, shall be
1230	governed by the provisions of s. 570.0705 relating to advisory
1231	committees established within the department. The council
1232	members or chair may call no more than two meetings.
1233	Section 45.  Subsection (3) of section 570.954, Florida
1234	Statutes, is amended to read:
1235	570.954  Farm-to-fuel initiative.-
1236	(3)  The department shall coordinate with and solicit the
1237	expertise of the state energy office within the Department of
1238	Environmental Protection when developing and implementing this
1239	initiative.
1240	Section 46.  Subsection (2) of section 571.28, Florida
1241	Statutes, is amended to read:
1242	571.28  Florida Agricultural Promotional Campaign Advisory
1243	Council.-
1244	(2)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
1245	COMPENSATION.-The meetings, powers and duties, procedures, and
1246	recordkeeping of the Florida Agricultural Promotional Campaign
1247	Advisory Council, and per diem and reimbursement of expenses of
1248	council members, shall be governed by the provisions of s.
1249	570.0705 relating to advisory committees established within the
1250	department.
1251	Section 47.  Subsection (6) of section 573.112, Florida
1252	Statutes, is amended to read:
1253	573.112  Advisory council.-
1254	(6)  No member or alternate member of the council shall
1255	receive a salary, but shall be reimbursed for travel expenses
1256	while on council business as provided in s. 112.061. The
1257	department may employ necessary personnel, including
1258	professional and technical services personnel, and fix their
1259	compensation and terms of employment and may incur expenses to
1260	be paid from moneys collected as herein provided.
1261	Section 48.  Subsection (3) of section 576.091, Florida
1262	Statutes, is amended to read:
1263	576.091  Fertilizer Technical Council.-
1264	(3)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1265	REIMBURSEMENTS.-The meetings, powers and duties, procedures, and
1266	recordkeeping, and reimbursement of expenses of members and
1267	alternate members of the council shall be in accordance with the
1268	provisions of s. 570.0705 relating to advisory committees
1269	established within the department.
1270	Section 49.  Subsection (2) of section 580.151, Florida
1271	Statutes, is amended to read:
1272	580.151  Commercial Feed Technical Council.-
1273	(2)  POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.-
1274	The meetings, powers and duties, procedures, and recordkeeping
1275	of the Commercial Feed Technical Council, and per diem and
1276	reimbursement of expenses of council members, shall be governed
1277	by the provisions of s. 570.0705 relating to advisory committees
1278	established within the department.
1279	Section 50.  Subsection (2) of section 581.186, Florida
1280	Statutes, is amended to read:
1281	581.186  Endangered Plant Advisory Council; organization;
1282	meetings; powers and duties.-
1283	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1284	COMPENSATION.-The meetings, powers and duties, procedures, and
1285	recordkeeping of the Endangered Plant Advisory Council, and per
1286	diem and reimbursement of expenses of council members, shall be
1287	governed by the provisions of s. 570.0705 relating to advisory
1288	committees established within the department.
1289	Section 51.  Subsection (3) of section 586.161, Florida
1290	Statutes, is amended to read:
1291	586.161  Honeybee Technical Council.-
1292	(3)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
1293	COMPENSATION.-The meetings, powers and duties, procedures, and
1294	recordkeeping of the Honeybee Technical Council, and per diem
1295	and reimbursement of expenses of council members, shall be
1296	governed by the provisions of s. 570.0705 relating to advisory
1297	committees established within the department.
1298	Section 52.  Section 590.015, Florida Statutes, is amended
1299	to read:
1300	590.015  Definitions.-As used in this chapter, the term:
1301	(1)  "Broadcast burning" means the burning of agricultural
1302	or natural vegetation by allowing fire to move across a
1303	predetermined area of land. The term does not include the
1304	burning of vegetative debris that is piled or stacked.
1305	(2)(1)  "Division" means the Division of Forestry of the
1306	Department of Agriculture and Consumer Services.
1307	(3)(2)  "Fire management services" means presuppression
1308	fireline plowing, prescribed burning assistance, contract
1309	prescribed burning, prescribed and wildfire management training,
1310	and other activities associated with prevention, detection, and
1311	suppression of wildfires.
1312	(4)(3)  "Fuel reduction" means the application of
1313	techniques that reduce vegetative fuels, and may include
1314	prescribed burning, manual and mechanical clearing, and the use
1315	of herbicides.
1316	(5)  "Open burning" means any outdoor fire or open
1317	combustion of material that produces visible emissions.
1318	(6)(4)  "Wildfire" means any vegetative fire that threatens
1319	to destroy life, property, or natural resources.
1320	(7)(5)  "Wild land" means any public or private managed or
1321	unmanaged forest, urban/interface, pasture or range land,
1322	recreation 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
1325	subsections (9) and (10) are added to that section, to read:
1326	590.02  Division powers, authority, and duties; liability;
1327	building structures; Florida Center for Wildfire and Forest
1328	Resources Management Training.-
1329	(1)  The division has the following powers, authority, and
1330	duties:
1331	(d)  To appoint center managers, forest area supervisors,
1332	forestry program administrators, a forest protection bureau
1333	chief, a forest protection assistant bureau chief, a field
1334	operations bureau chief, deputy chiefs of field operations,
1335	district managers, forest operations administrators, senior
1336	forest rangers, investigators, forest rangers, firefighter
1337	rotorcraft pilots, and other employees who may, at the
1338	division's discretion, be certified as forestry firefighters
1339	pursuant to s. 633.35(4). Other provisions of law
1340	notwithstanding, center managers, district managers, forest
1341	protection assistant bureau chief, and deputy chiefs of field
1342	operations shall have Selected Exempt Service status in the
1343	state personnel designation;
1344	(4)(a)  The department may build structures,
1345	notwithstanding chapters 216 and 255, not to exceed a cost of
1346	$50,000 per structure from existing resources on forest lands,
1347	federal excess property, and unneeded existing structures. These
1348	structures must meet all applicable building codes.
1349	(b)  Notwithstanding s. 553.80(1), the department shall
1350	exclusively enforce the Florida Building Code as it pertains to
1351	wildfire and law enforcement facilities under the jurisdiction
1352	of the department.
1353	(9)(a)  Notwithstanding ss. 273.055 and 287.16, the
1354	department may retain, transfer, warehouse, bid, destroy, scrap,
1355	or otherwise dispose of surplus equipment and vehicles that are
1356	used for wildland firefighting.
1357	(b)  All money received from the disposition of state-owned
1358	equipment and vehicles that are used for wildland firefighting
1359	shall be retained by the department. Money received pursuant to
1360	this section is appropriated for and may be disbursed for the
1361	acquisition of exchange and surplus equipment used for wildland
1362	firefighting, and for all necessary operating expenditures
1363	related to such equipment, in the same fiscal year and the
1364	fiscal year following the disposition. The department shall
1365	maintain records of the accounts into which the money is
1366	deposited.
1367	(10)(a)  The division has exclusive authority to require
1368	and issue authorizations for broadcast burning and agricultural
1369	and silvicultural pile burning. An agency, commission,
1370	department, county, municipality, or other political subdivision
1371	of the state may not adopt laws, regulations, rules, or policies
1372	pertaining to broadcast burning or agricultural and
1373	silvicultural pile burning unless an emergency order is declared
1374	in accordance with s. 252.38(3).
1375	(b)  The division may delegate to a county or municipality
1376	its authority, as delegated by the Department of Environmental
1377	Protection pursuant to ss. 403.061(28) and 403.081, to require
1378	and issue authorizations for the burning of yard trash and
1379	debris from land clearing operations in accordance with s.
1380	590.125(6).
1381	Section 54.  Section 590.125, Florida Statutes, is amended
1382	to 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
1386	successfully completes the division's pile burning certification
1387	program and possesses a valid pile burner certification number.
1388	"Prescribed burning" means the controlled application of fire in
1389	accordance with a written prescription for vegetative fuels
1390	under specified environmental conditions while following
1391	appropriate precautionary measures that ensure that the fire is
1392	confined to a predetermined area to accomplish the planned fire
1393	or land-management objectives.
1394	(b)  "Certified prescribed burn manager" means an
1395	individual who successfully completes the certified prescribed
1396	burning certification program of the division and possesses a
1397	valid certification number.
1398	(c)(d)  "Extinguished" means that no spreading flame for:
1399	1.  Wildland Wild land burning or certified prescribed
1400	burning, and no spreading flames visible flame, smoke, or
1401	emissions for vegetative land-clearing debris burning, exist.
1402	2.  Vegetative land-clearing debris burning or pile
1403	burning, no visible flames exist.
1404	3.  Vegetative land-clearing debris burning or pile burning
1405	in an area designated as smoke sensitive by the division, no
1406	visible flames, smoke, or emissions exist.
1407	(d)  "Land-clearing operation" means the uprooting or
1408	clearing of vegetation in connection with the construction of
1409	buildings and rights-of-way, land development, and mineral
1410	operations. The term does not include the clearing of yard
1411	trash.
1412	(e)  "Pile burning" means the burning of silvicultural,
1413	agricultural, or land-clearing and tree-cutting debris
1414	originating onsite, which is stacked together in a round or
1415	linear fashion, including, but not limited to, a windrow.
1416	(f)  "Prescribed burning" means the controlled application
1417	of fire by broadcast burning in accordance with a written
1418	prescription for vegetative fuels under specified environmental
1419	conditions, while following appropriate precautionary measures
1420	that ensure that the fire is confined to a predetermined area to
1421	accomplish the planned fire or land-management objectives.
1422	(g)(c)  "Prescription" means a written plan establishing
1423	the criteria necessary for starting, controlling, and
1424	extinguishing a prescribed burn.
1425	(h)  "Yard trash" means vegetative matter resulting from
1426	landscaping and yard maintenance operations and other such
1427	routine property cleanup activities. The term includes materials
1428	such as leaves, shrub trimmings, grass clippings, brush, and
1429	palm fronds.
1430	(2)  NONCERTIFIED BURNING.-
1431	(a)  Persons may be authorized to burn wild land or
1432	vegetative land-clearing debris in accordance with this
1433	subsection if:
1434	1.  There is specific consent of the landowner or his or
1435	her designee;
1436	2.  Authorization has been obtained from the division or
1437	its designated agent before starting the burn;
1438	3.  There are adequate firebreaks at the burn site and
1439	sufficient personnel and firefighting equipment for the control
1440	of the fire;
1441	4.  The fire remains within the boundary of the authorized
1442	area;
1443	5.  An authorized person Someone is present at the burn
1444	site 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
1447	danger are favorable for safe burning.
1448	(b)  A person who burns wild land or vegetative land-
1449	clearing debris in a manner that violates any requirement of
1450	this subsection commits a misdemeanor of the second degree,
1451	punishable as provided in s. 775.082 or s. 775.083.
1452	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1453	PURPOSE.-
1454	(a)  The application of prescribed burning is a land
1455	management tool that benefits the safety of the public, the
1456	environment, and the economy of the state. The Legislature finds
1457	that:
1458	1.  Prescribed burning reduces vegetative fuels within wild
1459	land areas. Reduction of the fuel load reduces the risk and
1460	severity of wildfire, thereby reducing the threat of loss of
1461	life and property, particularly in urban areas.
1462	2.  Most of Florida's natural communities require periodic
1463	fire for maintenance of their ecological integrity. Prescribed
1464	burning is essential to the perpetuation, restoration, and
1465	management of many plant and animal communities. Significant
1466	loss of the state's biological diversity will occur if fire is
1467	excluded from fire-dependent systems.
1468	3.  Forestland and rangeland constitute significant
1469	economic, biological, and aesthetic resources of statewide
1470	importance. Prescribed burning on forestland prepares sites for
1471	reforestation, removes undesirable competing vegetation,
1472	expedites nutrient cycling, and controls or eliminates certain
1473	forest pathogens. On rangeland, prescribed burning improves the
1474	quality and quantity of herbaceous vegetation necessary for
1475	livestock production.
1476	4.  The state purchased hundreds of thousands of acres of
1477	land for parks, preserves, wildlife management areas, forests,
1478	and other public purposes. The use of prescribed burning for
1479	management of public lands is essential to maintain the specific
1480	resource values for which these lands were acquired.
1481	5.  A public education program is necessary to make
1482	citizens and visitors aware of the public safety, resource, and
1483	economic benefits of prescribed burning.
1484	6.  Proper training in the use of prescribed burning is
1485	necessary to ensure maximum benefits and protection for the
1486	public.
1487	7.  As Florida's population continues to grow, pressures
1488	from liability issues and nuisance complaints inhibit the use of
1489	prescribed burning. Therefore, the division is urged to maximize
1490	the opportunities for prescribed burning conducted during its
1491	daytime and nighttime authorization process.
1492	(b)  Certified prescribed burning pertains only to
1493	broadcast burning for purposes of silviculture, wildland fire
1494	hazard reduction, wildlife management, ecological maintenance
1495	and restoration, and range and pasture management. It must be
1496	conducted in accordance with this subsection and:
1497	1.  May be accomplished only when a certified prescribed
1498	burn manager is present on site with a copy of the prescription
1499	from ignition of the burn to its completion.
1500	2.  Requires that a written prescription be prepared before
1501	receiving authorization to burn from the division.
1502	3.  Requires that the specific consent of the landowner or
1503	his or her designee be obtained before requesting an
1504	authorization.
1505	4.  Requires that an authorization to burn be obtained from
1506	the division before igniting the burn.
1507	5.  Requires that there be adequate firebreaks at the burn
1508	site and sufficient personnel and firefighting equipment for the
1509	control of the fire.
1510	6.  Is considered to be in the public interest and does not
1511	constitute a public or private nuisance when conducted under
1512	applicable state air pollution statutes and rules.
1513	7.  Is considered to be a property right of the property
1514	owner if vegetative fuels are burned as required in this
1515	subsection.
1516	(c)  Neither a property owner nor his or her agent is
1517	liable pursuant to s. 590.13 for damage or injury caused by the
1518	fire or resulting smoke or considered to be in violation of
1519	subsection (2) for burns conducted in accordance with this
1520	subsection unless gross negligence is proven.
1521	(d)  Any certified burner who violates this section commits
1522	a misdemeanor of the second degree, punishable as provided in s.
1523	775.082 or s. 775.083.
1524	(e)  The division shall adopt rules for the use of
1525	prescribed burning and for certifying and decertifying certified
1526	prescribed burn managers based on their past experience,
1527	training, and record of compliance with this section.
1528	(4)  CERTIFIED PILE BURNING.-
1529	(a)  Certified pile burning pertains to the disposal of
1530	piled, naturally occurring debris from an agricultural,
1531	silvicultural, or temporary land-clearing operation. A land-
1532	clearing operation is temporary if it operates for 6 months or
1533	less. Certified pile burning must be conducted in accordance
1534	with the following:
1535	1.  A certified pile burner must ensure, before ignition,
1536	that the piles are properly placed and that the content of the
1537	piles is conducive to efficient burning.
1538	2.  A certified pile burner must ensure that the piles are
1539	properly extinguished no later than 1 hour after sunset. If the
1540	burn is conducted in an area designated by the division as smoke
1541	sensitive, a certified pile burner must ensure that the piles
1542	are properly extinguished at least 1 hour before sunset.
1543	3.  A written pile burning plan must be prepared before
1544	receiving authorization from the division to burn.
1545	4.  The specific consent of the landowner or his or her
1546	agent must be obtained before requesting authorization to burn.
1547	5.  An authorization to burn must be obtained from the
1548	division or its designated agent before igniting the burn.
1549	6.  There must be adequate firebreaks and sufficient
1550	personnel and firefighting equipment at the burn site to control
1551	the 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
1554	under s. 590.13 for damage or injury caused by the fire or
1555	resulting smoke, and are not in violation of subsection (2),
1556	unless gross negligence is proven.
1557	(c)  A certified pile burner who violates this subsection
1558	commits a misdemeanor of the second degree, punishable as
1559	provided in s. 775.082 or s. 775.083.
1560	(d)  The division shall adopt rules regulating certified
1561	pile burning. The rules shall include procedures and criteria
1562	for certifying and decertifying certified pile burn managers
1563	based on past experience, training, and record of compliance
1564	with this section.
1565	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1566	DIVISION.-The division may conduct fuel reduction initiatives,
1567	including, but not limited to, burning and mechanical and
1568	chemical treatment, on any area of wild land within the state
1569	which is reasonably determined to be in danger of wildfire in
1570	accordance with the following procedures:
1571	(a)  Describe the areas that will receive fuels treatment
1572	to the affected local governmental entity.
1573	(b)  Publish a treatment notice, including a description of
1574	the area to be treated, in a conspicuous manner in at least one
1575	newspaper of general circulation in the area of the treatment
1576	not less than 10 days before the treatment.
1577	(c)  Prepare, and send the county tax collector shall
1578	include with the annual tax statement, a notice to be sent to
1579	all landowners in each area township designated by the division
1580	as a wildfire hazard area. The notice must describe particularly
1581	the area to be treated and the tentative date or dates of the
1582	treatment and must list the reasons for and the expected
1583	benefits from the wildfire hazard reduction.
1584	(d)  Consider any landowner objections to the fuels
1585	treatment of his or her property. The landowner may apply to the
1586	director of the division for a review of alternative methods of
1587	fuel reduction on the property. If the director or his or her
1588	designee does not resolve the landowner objection, the director
1589	shall convene a panel made up of the local forestry unit
1590	manager, the fire chief of the jurisdiction, and the affected
1591	county or city manager, or any of their designees. If the
1592	panel's recommendation is not acceptable to the landowner, the
1593	landowner may request further consideration by the Commissioner
1594	of Agriculture or his or her designee and shall thereafter be
1595	entitled to an administrative hearing pursuant to the provisions
1596	of chapter 120.
1597	(6)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1598	AUTHORIZATION PROGRAMS.-
1599	(a)  A county or municipality may exercise the division's
1600	authority, if delegated by the division under this subsection,
1601	to issue authorizations for the burning of yard trash or debris
1602	from land-clearing operations. A county's or municipality's
1603	existing or proposed open burning authorization program must:
1604	1.  Be approved by the division. The division may not
1605	approve a program if it fails to meet the requirements of
1606	subsections (2) and (4) and any rules adopted under those
1607	subsections.
1608	2.  Provide by ordinance or local law the requirements for
1609	obtaining and performing a burn authorization that complies with
1610	subsections (2) and (4) and any rules adopted under those
1611	subsections.
1612	3.  Provide for the enforcement of the program's
1613	requirements.
1614	4.  Provide financial, personnel, and other resources
1615	needed to carry out the program.
1616	(b)  If the division determines that a county's or
1617	municipality's open burning authorization program does not
1618	comply with subsections (2) and (4) and any rules adopted under
1619	those subsections, the division shall require the county or
1620	municipality to take necessary corrective actions within 90 days
1621	after receiving notice from the division of its determination.
1622	1.  If the county or municipality fails to take the
1623	necessary corrective actions within the required period, the
1624	division shall resume administration of the open burning
1625	authorization program in the county or municipality and the
1626	county or municipality shall cease administration of its
1627	program.
1628	2.  Each county and municipality administering an open
1629	burning authorization program must cooperate with and assist the
1630	division in carrying out the division's powers, duties, and
1631	functions.
1632	3.  A person who violates the requirements of a county's or
1633	municipality's open burning authorization program, as provided
1634	by ordinance or local law enacted pursuant to this subsection,
1635	commits a violation of this chapter, punishable as provided in
1636	s. 590.14.
1637	(7)(5)  DUTIES OF AGENCIES.-The Department of Education
1638	shall incorporate, where feasible and appropriate, the issues of
1639	fuels treatment, including prescribed burning, into its
1640	educational materials.
1641	Section 55.  Section 590.14, Florida Statutes, is amended
1642	to read:
1643	590.14  Notice of violation; penalties; legislative
1644	intent.-
1645	(1)  If a division employee determines that a person has
1646	violated chapter 589, or this chapter, or any rule adopted by
1647	the division to administer provisions of law conferring duties
1648	upon the division, the division employee he or she may issue a
1649	notice of violation indicating the statute or rule violated.
1650	This notice will be filed with the division and a copy forwarded
1651	to the appropriate law enforcement entity for further action if
1652	necessary.
1653	(2)  In addition to any penalties provided by law, any
1654	person who causes a wildfire or permits any authorized fire to
1655	escape the boundaries of the authorization or to burn past the
1656	time of the authorization is liable for the payment of all
1657	reasonable costs and expenses incurred in suppressing the fire
1658	or $150, whichever is greater. All costs and expenses incurred
1659	by the division shall be payable to the division. When such
1660	costs and expenses are not paid within 30 days after demand, the
1661	division may take proper legal proceedings for the collection of
1662	the costs and expenses. Those costs incurred by an agency acting
1663	at the division's direction are recoverable by that agency.
1664	(3)  The department may also impose an administrative fine,
1665	not to exceed $1,000 per violation of any section of chapter 589
1666	or this chapter or violation of any rule adopted by the division
1667	to administer provisions of law conferring duties upon the
1668	division. The fine shall be based upon the degree of damage, the
1669	prior violation record of the person, and whether the person
1670	knowingly provided false information to obtain an authorization.
1671	The fines shall be deposited in the Incidental Trust Fund of the
1672	division.
1673	(4)  A person commits a misdemeanor of the second degree,
1674	punishable as provided in s. 775.082 or s. 775.083, if the
1675	person:
1676	(a)  Fails to comply with any rule or order adopted by the
1677	division to administer provisions of law conferring duties upon
1678	the division; or
1679	(b)  Knowingly makes any false statement or representation
1680	in any application, record, plan, or other document required by
1681	this chapter or any rules adopted under this chapter.
1682	(5)  It is the intent of the Legislature that a penalty
1683	imposed by a court under subsection (4) be of a severity that
1684	ensures immediate and continued compliance with this section.
1685	(6)(4)  The penalties provided in this section shall extend
1686	to both the actual violator and the person or persons, firm, or
1687	corporation causing, directing, or permitting the violation.
1688	Section 56.  Subsection (4) of section 597.005, Florida
1689	Statutes, is amended to read:
1690	597.005  Aquaculture Review Council.-
1691	(4)  EXPENSES; PER DIEM.-Members of the council shall
1692	receive expenses and per diem for travel, including attendance
1693	at meetings, as allowed state officers and employees pursuant to
1694	s. 112.061.
1695	Section 57.  Subsection (2) of section 599.002, Florida
1696	Statutes, is amended to read:
1697	599.002  Viticulture Advisory Council.-
1698	(2)  The meetings, powers and duties, procedures, and
1699	recordkeeping of the Viticulture Advisory Council, and per diem
1700	and reimbursement of expenses of council members, shall be
1701	governed by the provisions of s. 570.0705 relating to advisory
1702	committees established within the department.
1703	Section 58.  Subsection (4) is added to section 616.17,
1704	Florida Statutes, to read:
1705	616.17  Minimum exhibits.-
1706	(4)  An authority or fair association as defined in this
1707	chapter that provides any of the exhibits set forth in
1708	subsection (1) or other exhibits or concessions, whether such
1709	exhibits or concessions are provided directly or through an
1710	agreement with a third party, is not subject to criminal
1711	penalties or civil damages arising out of the personal injury or
1712	death of any person, or property damage, resulting from such
1713	exhibits or concessions. This subsection does not apply if the
1714	personal injury, death, or property damage was due to an act or
1715	omission committed by the authority or fair association in bad
1716	faith, with malicious purpose, or with wanton and willful
1717	disregard of human rights, safety, or property. This subsection
1718	does not apply to third parties providing exhibits or
1719	concessions.
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,
1723	terms, compensation.-
1724	(1)(a)  The authority shall be composed of 22 21 members.
1725	The Commissioner of Agriculture, or her or his designee, shall
1726	serve as a voting member. There shall also be a member who is
1727	the member of the Board of County Commissioners of Hillsborough
1728	County representing the county commission district in which the
1729	Florida State Fairgrounds is located, who shall serve as a
1730	voting member. There shall also be an appointed youth member who
1731	is an active member of the Florida Future Farmers of America or
1732	a 4-H Club, who shall serve as a nonvoting member. The
1733	Commissioner of Agriculture shall appoint each other member of
1734	the authority. Each member appointed by the Commissioner of
1735	Agriculture shall serve at the pleasure of the Commissioner of
1736	Agriculture. The term of each member appointed by the
1737	Commissioner of Agriculture shall be 4 years, but the term of
1738	the nonvoting youth member shall be for 1 year except, to
1739	provide staggered terms, 9 of the members shall be initially
1740	appointed for a 2-year term and 10 of the members shall be
1741	initially appointed for a 3-year term. Members may be appointed
1742	for more than one term. Any vacancy shall be filled for the
1743	remainder of the unexpired term pursuant to the method provided
1744	in this section for appointment. Six of the members may be from
1745	Hillsborough County. The Commissioner of Agriculture shall
1746	appoint and set the compensation of an executive director. The
1747	executive director shall serve at the pleasure of the
1748	Commissioner of Agriculture.
1749	(3)  Members of the authority are shall not be entitled to
1750	compensation for their services as members and may not, but
1751	shall be reimbursed for travel expenses. Except for the
1752	nonvoting youth member, each member as provided in s. 112.061
1753	and may be compensated for any special or full-time service
1754	performed in the authority's its behalf as officers or agents of
1755	the authority.
1756	Section 60.  Paragraph (c) of subsection (2) of section
1757	812.014, 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
1761	the third degree, punishable as provided in s. 775.082, s.
1762	775.083, 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
1770	the equine, bovine, or swine class, or other grazing animal; a
1771	bee colony of a registered beekeeper;, and including aquaculture
1772	species raised at a certified aquaculture facility. If the
1773	property stolen is aquaculture species raised at a certified
1774	aquaculture 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
1777	individual pieces of fruit.
1778	10.  Taken from a designated construction site identified
1779	by the posting of a sign as provided for in s. 810.09(2)(d).
1780	11.  Any stop sign.
1781	12.  Anhydrous ammonia.
1782
1783	However, if the property is stolen within a county that is
1784	subject to a state of emergency declared by the Governor under
1785	chapter 252, the property is stolen after the declaration of
1786	emergency is made, and the perpetration of the theft is
1787	facilitated by conditions arising from the emergency, the
1788	offender commits a felony of the second degree, punishable as
1789	provided in s. 775.082, s. 775.083, or s. 775.084, if the
1790	property is valued at $5,000 or more, but less than $10,000, as
1791	provided under subparagraph 2., or if the property is valued at
1792	$10,000 or more, but less than $20,000, as provided under
1793	subparagraph 3. As used in this paragraph, the term "conditions
1794	arising from the emergency" means civil unrest, power outages,
1795	curfews, voluntary or mandatory evacuations, or a reduction in
1796	the presence of or the response time for first responders or
1797	homeland security personnel. For purposes of sentencing under
1798	chapter 921, a felony offense that is reclassified under this
1799	paragraph is ranked one level above the ranking under s.
1800	921.0022 or s. 921.0023 of the offense committed.
1801	Section 61.  Paragraphs (f) and (g) of subsection (1) of
1802	section 812.015, Florida Statutes, are amended to read:
1803	812.015  Retail and farm theft; transit fare evasion;
1804	mandatory fine; alternative punishment; detention and arrest;
1805	exemption from liability for false arrest; resisting arrest;
1806	penalties.-
1807	(1)  As used in this section:
1808	(f)  "Farmer" means a person who is engaging in the growing
1809	or producing of farm produce, milk products, honey, eggs, or
1810	meat, either part time or full time, for personal consumption or
1811	for sale and who is the owner or lessee of the land or a person
1812	designated in writing by the owner or lessee to act as her or
1813	his agent. No person defined as a farm labor contractor pursuant
1814	to s. 450.28 shall be designated to act as an agent for purposes
1815	of this section.
1816	(g)  "Farm theft" means the unlawful taking possession of
1817	any items that are grown or produced on land owned, rented, or
1818	leased by another person. The term includes the unlawful taking
1819	possession of equipment and associated materials used to grow or
1820	produce farm products as defined in s. 823.14(3)(c).
1821	Section 62.  The sum of $744,000 in nonrecurring funds is
1822	appropriated to the Department of Agriculture and Consumer
1823	Services from the Florida Forever Trust Fund for the 2011-2012
1824	fiscal year in the Fixed Capital Outlay-Agency Managed-Land
1825	Management appropriation category pursuant to s. 259.105(3)(f),
1826	Florida Statutes.
1827	Section 63.  This act shall take effect July 1, 2011.

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