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 ss. 570.07 and
102	576.181, F.S.; requiring the department to regulate the
103	sale, composition, packaging, labeling, wholesale and
104	retail distribution, and formulation of fertilizer;
105	preempting such regulation of fertilizer to the state;
106	exempting certain ordinances adopted before a specified
107	date from such preemption; authorizing county and
108	municipal governments to enforce such ordinances exempt
109	from preemption; revising the department's powers and
110	duties relating to pollution control and the prevention of
111	wildfires; conforming provisions; amending s. 570.0705,
112	F.S.; deleting provisions requiring the reimbursement for
113	per diem and travel expenses of members of certain ad hoc
114	advisory committees appointed by the Commissioner of
115	Agriculture; amending s. 570.074, F.S.; renaming the
116	Office of Water Coordination and revising its policy
117	jurisdiction; amending s. 570.18, F.S., to conform;
118	amending s. 570.23, F.S.; deleting provisions requiring
119	the reimbursement of members of the State Agricultural
120	Advisory Council for per diem and travel expenses;
121	amending s. 570.29, F.S.; deleting a provision
122	establishing the Division of Dairy Industry within the
123	department; amending ss. 570.38 and 570.382, F.S.;
124	deleting provisions requiring the reimbursement of members
125	of the Animal Industry Technical Council and the Arabian
126	Horse Council for per diem and travel expenses; repealing
127	ss. 570.40 and 570.41, F.S., relating to the powers and
128	duties of the Division of Dairy within the department and
129	the qualifications and duties of the division's director;
130	amending s. 570.42, F.S.; deleting provisions requiring
131	the reimbursement of members of the Dairy Industry
132	Technical Council for per diem and travel expenses;
133	amending s. 570.50, F.S.; conforming provisions; requiring
134	the Division of Food Safety within the department to
135	inspect certain dairy farms and plants, perform certain
136	analyses and tests, and enforce certain rules and
137	provisions of law; amending s. 570.51, F.S., to conform;
138	amending s. 570.543, F.S.; deleting provisions requiring
139	the reimbursement of members of the Florida Consumers'
140	Council for per diem and travel expenses; amending s.
141	570.954, F.S.; removing the requirement that the
142	department coordinate with and solicit the expertise of
143	the state energy office when developing the farm-to-fuel
144	initiative; amending ss. 571.28, 573.112, 576.091,
145	580.151, 581.186, and 586.161, F.S.; deleting provisions
146	requiring the reimbursement of members of the Florida
147	Agricultural Promotional Campaign Advisory Council,
148	certain ad hoc advisory councils appointed to advise the
149	department concerning the issuance of marketing orders,
150	the Fertilizer Technical Council, the Commercial Feed
151	Technical Council, the Endangered Plant Advisory Council,
152	and the Honeybee Technical Council for per diem and travel
153	expenses; amending s. 582.30, F.S.; authorizing the
154	Commissioner of Agriculture to certify the dissolution or
155	discontinuance of a soil and water conservation district
156	without the review or recommendation of the Soil and Water
157	Conservation Council under certain circumstances; amending
158	s. 590.015, F.S.; revising and providing definitions for
159	purposes of forest protection; amending s. 590.02, F.S.;
160	authorizing forest operations administrators to be
161	certified as forestry firefighters; granting the
162	department certain exclusive authority over the Florida
163	Building Code; authorizing the department to retain,
164	transfer, warehouse, bid, destroy, scrap, or dispose of
165	certain surplus equipment and vehicles; authorizing the
166	department to retain any moneys received from the
167	disposition of certain state-owned equipment and vehicles;
168	providing that moneys received may be used for the
169	acquisition of certain exchange and surplus equipment and
170	all necessary operating expenditures related to the
171	equipment; requiring the department to maintain records of
172	the accounts into which the money is deposited; granting
173	the department exclusive authority to require and issue
174	authorizations for broadcast burning, agricultural pile
175	burning, and silvicultural pile burning; preempting other
176	governmental entities from adopting laws, regulations,
177	rules, or policies pertaining to broadcast burning,
178	agricultural pile burning, or silvicultural pile burning
179	unless an emergency order has been declared; authorizing
180	the department to delegate its authority to a county or
181	municipality to issue authorizations for the burning of
182	yard trash and debris from land-clearing operations;
183	amending s. 590.125, F.S.; revising and providing
184	definitions relating to open burning authorizations;
185	specifying purposes of certified prescribed burning;
186	requiring the division's authorization for certified pile
187	burning; providing pile burning requirements; limiting the
188	liability of property owners or agents engaged in pile
189	burning; providing for the certification of pile burners;
190	providing penalties for violations by certified pile
191	burners; requiring the division to adopt rules to regulate
192	certified pile burning; revising notice requirements for
193	wildfire hazard reduction treatments; requiring division
194	approval of local government open burning authorization
195	programs; providing program requirements; authorizing the
196	division to resume administration of a local government's
197	program under certain circumstances; providing penalties
198	for violations of local government open burning
199	requirements; amending s. 590.14, F.S.; authorizing a
200	division employee to issue a notice of violation for any
201	division rule; authorizing the division to impose an
202	administrative fine for a violation of any division rule;
203	providing penalties for certain violations; providing
204	legislative intent; amending ss. 597.005 and 599.002,
205	F.S.; deleting provisions requiring the reimbursement of
206	members of the Aquaculture Review Council and the
207	Viticulture Advisory Council for per diem and travel
208	expenses; amending s. 616.17, F.S.; providing certain
209	authorities or fair associations with immunity from
210	liability for damages resulting from exhibits and
211	concessions at public fairs; providing exceptions;
212	amending s. 616.252, F.S.; providing for the appointment
213	and term of a nonvoting youth member of the Florida State
214	Fair Authority; deleting provisions requiring staggered
215	terms; prohibiting the reimbursement of members of the
216	Florida State Fair Authority for per diem and travel
217	expenses; excluding the youth member from compensation for
218	special or full-time service performed on behalf of the
219	authority; amending s. 812.014, F.S.; providing penalties
220	for the theft of bee colonies of registered beekeepers;
221	amending s. 812.015, F.S.; redefining the term "farmer" to
222	include a person who grows or produces honey; redefining
223	the term "farm theft" to include the unlawful taking
224	possession of equipment and associated materials used to
225	grow or produce certain farm products; renaming the
226	department's Division of Forestry as the Florida Forest
227	Service; providing for conforming legislation; providing
228	for assistance to certain legislative substantive
229	committees by the Division of Statutory Revision of the
230	Office of Legislative Services for certain purposes;
231	amending ss. 20.14, 261.03, 570.29, 570.548, 570.549,
232	570.903, and 590.015, F.S., to conform; providing an
233	appropriation; providing an effective date.
234
235	Be It Enacted by the Legislature of the State of Florida:
236
237	Section 1.  Paragraphs (g) through (m) of subsection (2) of
238	section 20.14, Florida Statutes, are redesignated as paragraphs
239	(f) through (l), respectively, and present paragraph (f) of that
240	subsection is amended to read:
241	20.14  Department of Agriculture and Consumer Services.-
242	There is created a Department of Agriculture and Consumer
243	Services.
244	(2)  The following divisions of the Department of
245	Agriculture and Consumer Services are established:
246	(f)  Dairy Industry.
247	Section 2.  Subsection (5) of section 193.461, Florida
248	Statutes, is amended to read:
249	193.461  Agricultural lands; classification and assessment;
250	mandated eradication or quarantine program.-
251	(5)  For the purpose of this section, "agricultural
252	purposes" includes, but is not limited to, horticulture;
253	floriculture; viticulture; forestry; dairy; livestock; poultry;
254	bee; pisciculture, when the land is used principally for the
255	production of tropical fish; aquaculture; sod farming; and all
256	forms of farm products as defined in s. 823.14(3) and farm
257	production.
258	Section 3.  Subsection (2) of section 215.981, Florida
259	Statutes, is amended to read:
260	215.981  Audits of state agency direct-support
261	organizations and citizen support organizations.-
262	(2)  Notwithstanding the provisions of subsection (1),
263	direct-support organizations and citizen support organizations
264	for the Department of Environmental Protection or direct-support
265	organizations and citizen support organizations for the
266	Department of Agriculture and Consumer Services that are not for
267	profit and that have annual expenditures of less than $300,000
268	are not required to have an independent audit. The respective
269	department shall establish accounting and financial management
270	guidelines for those organizations under its the department's
271	jurisdiction. Each year, the respective department shall conduct
272	operational and financial reviews of a selected number of
273	direct-support organizations or citizen support organizations
274	that which fall below the audit threshold established in this
275	subsection.
276	Section 4.  Paragraph (b) of subsection (2) of section
277	253.02, Florida Statutes, is amended to read:
278	253.02  Board of trustees; powers and duties.-
279	(2)
280	(b)  The authority of the board of trustees to grant
281	easements for rights-of-way over, across, and upon uplands the
282	title to which is vested in the board of trustees for the
283	construction and operation of electric transmission and
284	distribution facilities and related appurtenances is hereby
285	confirmed. The board of trustees may delegate to the Secretary
286	of Environmental Protection the authority to grant such
287	easements on its behalf. All easements for rights-of-way over,
288	across, and upon uplands the title to which is vested in the
289	board of trustees for the construction and operation of electric
290	transmission and distribution facilities and related
291	appurtenances which are approved by the Secretary of
292	Environmental Protection pursuant to the authority delegated by
293	the board of trustees shall meet the following criteria:
294	1.  Such easements shall not prevent the use of the state-
295	owned uplands adjacent to the easement area for the purposes for
296	which such lands were acquired and shall not unreasonably
297	diminish the ecological, conservation, or recreational values of
298	the state-owned uplands adjacent to the easement area.
299	2.  There is no practical and prudent alternative to
300	locating the linear facility and related appurtenances on state-
301	owned upland. For purposes of this subparagraph, the test of
302	practicality and prudence shall compare the social, economic,
303	and environmental effects of the alternatives.
304	3.  Appropriate steps are taken to minimize the impacts to
305	state-owned uplands. Such steps may include:
306	a.  Siting of facilities so as to reduce impacts and
307	minimize fragmentation of the overall state-owned parcel;
308	b.  Avoiding significant wildlife habitat, wetlands, or
309	other valuable natural resources to the maximum extent
310	practicable; or
311	c.  Avoiding interference with active land management
312	practices, such as prescribed burning.
313	4.  Except for easements granted as a part of a land
314	exchange to accomplish a recreational or conservation benefit or
315	other public purpose, in exchange for such easements, the
316	grantee pays an amount equal to the market value of the interest
317	acquired. In addition, for the initial grant of such easements
318	only, the grantee shall provide additional compensation by
319	vesting in the board of trustees fee simple title to other
320	available uplands that are 1.5 times the size of the easement
321	acquired by the grantee. The Secretary of Environmental
322	Protection shall approve the property to be acquired on behalf
323	of the board of trustees based on the geographic location in
324	relation to the land proposed to be under easement and a
325	determination that economic, ecological, and recreational value
326	is at least equivalent to the value of the lands under proposed
327	easement. Priority for replacement uplands shall be given to
328	parcels identified as inholdings and additions to public lands
329	and lands on a Florida Forever land acquisition list. However,
330	if suitable replacement uplands cannot be identified, the
331	grantee shall provide additional compensation for the initial
332	grant of such easements only by paying to the lead manager of
333	the state-owned lands or, when there is no lead manager, by
334	paying to the department an amount equal to two times the
335	current market value of the state-owned land or the highest and
336	best use value at the time of purchase, whichever is greater.
337	When determining such use of funds, priority shall be given to
338	parcels identified as inholdings and additions to public lands
339	and lands on a Florida Forever land acquisition list.
340	Section 5.  Subsection (5) of section 261.04, Florida
341	Statutes, is amended to read:
342	261.04  Off-Highway Vehicle Recreation Advisory Committee;
343	members; appointment.-
344	(5)  The members of the advisory committee shall serve
345	without compensation, but shall be reimbursed for travel and per
346	diem expenses as provided in s. 112.061, while in the
347	performance of their official duties.
348	Section 6.  Section 381.0014, Florida Statutes, is amended
349	to read:
350	381.0014  Regulations and ordinances superseded.-The rules
351	adopted by the department under the provisions of this chapter
352	shall, as to matters of public health, supersede all rules
353	enacted by other state departments, boards or commissions, or
354	ordinances and regulations enacted by municipalities, except
355	that this chapter does not alter or supersede any of the
356	provisions set forth in chapter chapters 502 and 503 or any rule
357	adopted under that chapter the authority of those chapters.
358	Section 7.  Subsection (4) of section 482.051, Florida
359	Statutes, is amended to read:
360	482.051  Rules.-The department has authority to adopt rules
361	pursuant to ss. 120.536(1) and 120.54 to implement the
362	provisions of this chapter. Prior to proposing the adoption of a
363	rule, the department shall counsel with members of the pest
364	control industry concerning the proposed rule. The department
365	shall adopt rules for the protection of the health, safety, and
366	welfare of pest control employees and the general public which
367	require:
368	(4)  That a licensee, before performing general fumigation,
369	notify in writing the department inspector having jurisdiction
370	over the location where the fumigation is to be performed, which
371	notice must be received by the department inspector at least 24
372	hours before in advance of the fumigation and must contain such
373	information as the department requires. However, in an authentic
374	and verifiable emergency, when 24 hours' advance notice
375	notification is not possible, advance notice may be given by
376	telephone, facsimile, or any form of acceptable electronic
377	communication, telegraph notice may be given; but such notice
378	must be immediately followed by written confirmation providing
379	the required information.
380	Section 8.  Subsection (4) of section 482.071, Florida
381	Statutes, is amended to read:
382	482.071  Licenses.-
383	(4)  A licensee may not operate a pest control business
384	without carrying the required insurance coverage. Each person
385	making application for a pest control business license or
386	renewal thereof must furnish to the department a certificate of
387	insurance that meets the requirements for minimum financial
388	responsibility for bodily injury and property damage consisting
389	of:
390	(a)  Bodily injury: $250,000 per $100,000 each person and
391	$500,000 per $300,000 each occurrence; and property damage:
392	$250,000 per $50,000 each occurrence and $500,000 $100,000 in
393	the aggregate; or
394	(b)  Combined single-limit coverage: $500,000 $400,000 in
395	the aggregate.
396	Section 9.  Section 482.072, Florida Statutes, is created
397	to read:
398	482.072  Pest control customer contact centers.-
399	(1)  The department may issue a license to a qualified
400	business to operate a customer contact center, to solicit pest
401	control business, or to provide services to customers for one or
402	more business locations licensed under s. 482.071. A person may
403	not operate a customer contact center for a pest control
404	business that is not licensed by the department.
405	(2)(a)  Before operating a customer contact center, and
406	biennially thereafter, on or before an anniversary date set by
407	the department for a licensed customer contact center location,
408	the pest control business must apply to the department for a
409	license under this chapter, or a renewal thereof, for each
410	customer contact center location. An application must be
411	submitted in the format prescribed by the department.
412	(b)  The department shall establish a fee of at least $600,
413	but not more than $1,000, for the issuance of a customer contact
414	center license and a fee of at least $600, but not more than
415	$1,000, for renewal of a customer contact center license.
416	However, until rules for renewal fees are adopted, the initial
417	licensing fee and renewal fee are each $600. The department
418	shall establish a grace period, not to exceed 30 calendar days
419	after the license's anniversary renewal date, and shall assess a
420	late fee of $150, in addition to the renewal fee, for a license
421	that is renewed after the grace period.
422	(c)  A license automatically expires 60 calendar days after
423	the anniversary renewal date unless the license is renewed
424	before that date. When a license expires, it may be reinstated
425	only upon reapplication and payment of the license renewal fee
426	and a late renewal fee.
427	(d)  A license automatically expires if a licensee changes
428	the business address of its customer contact center location.
429	The department shall issue a new license upon payment of a $250
430	fee. The new license automatically expires 60 calendar days
431	after the anniversary renewal date of the former license unless
432	the license is renewed before that date.
433	(e)  The department may not issue or renew a license to
434	operate a customer contact center unless the pest control
435	business licensees for which the customer contact center
436	solicits business are owned in common by a person or business
437	entity recognized by this state.
438	(f)  The department may deny a license or refuse to renew a
439	license if the applicant or licensee, or one or more of the
440	applicant's or licensee's directors, officers, owners, or
441	general partners, are or have been directors, officers, owners,
442	or general partners of a pest control business that meets the
443	conditions in s. 482.071(2)(g).
444	(g)  Sections 482.091 and 482.152 do not apply to a person
445	who solicits pest control services or provides customer service
446	in a licensed customer contact center unless the person performs
447	pest control as defined in s. 482.021(22)(a)-(d), executes a
448	pest control contract, or accepts remuneration for such work.
449	(h)  Section 482.071(2)(e) does not apply to a license
450	issued under this section.
451	(3)(a)  The department shall adopt rules establishing
452	requirements and procedures for customer contact center
453	recordkeeping and monitoring to ensure compliance with this
454	section and rules adopted in accordance with this section.
455	(b)  Notwithstanding any other provision of this section:
456	1.  A customer contact center licensee is subject to
457	disciplinary action under s. 482.161 for a violation of this
458	section or a rule adopted under this section committed by a
459	person who solicits pest control services or provides customer
460	service in a customer contact center.
461	2.  A pest control business licensee may be subject to
462	disciplinary action under s. 482.161 for a violation of this
463	section or a rule adopted under this section committed by a
464	person who solicits pest control services or provides customer
465	service in a customer contact center operated by a licensee if
466	the licensee participates in the violation.
467	Section 10.  Section 482.157, Florida Statutes, is created
468	to read:
469	482.157  Limited certification for commercial wildlife
470	management personnel.-
471	(1)  The department shall establish a limited certificate
472	that authorizes a person who engages in the commercial trapping
473	of wildlife to use nonchemical methods, including traps,
474	mechanical or electronic devices, and exclusionary techniques to
475	control commensal rodents.
476	(2)  The department shall issue a limited certificate to an
477	applicant who:
478	(a)  Submits an application and examination fee of at least
479	$150, but not more than $300, as prescribed by the department by
480	rule;
481	(b)  Passes an examination administered by the department.
482	The department shall provide the appropriate study materials for
483	the examination and make the examination readily available to
484	applicants in each county as necessary, but not less frequently
485	than quarterly; and
486	(c)  Provides proof, including a certificate of insurance,
487	that the applicant has met the minimum bodily injury and
488	property damage insurance requirements in s. 482.071(4).
489	(3)  An application for recertification must be made
490	annually and be accompanied by a recertification fee of at least
491	$75, but not more than $150, as prescribed by the department by
492	rule. The application must also be accompanied by proof of
493	completion of the required 4 classroom hours of acceptable
494	continuing education and the required proof of insurance. After
495	a grace period not exceeding 30 calendar days after the
496	recertification renewal date, the department shall assess a late
497	fee of $50 in addition to the renewal fee. A certificate
498	automatically expires 180 days after the recertification date if
499	the renewal fee has not been paid. After expiration, the
500	department shall issue a new certificate only if the applicant
501	successfully passes a reexamination and pays the examination fee
502	and late fee.
503	(4)  Certification under this section does not authorize:
504	(a)  The use of pesticides or chemical substances, other
505	than adhesive materials, to control rodents or other nuisance
506	wildlife in, on, or under structures;
507	(b)  Operation of a pest control business; or
508	(c)  Supervision of an uncertified person using nonchemical
509	methods to control rodents.
510	Section 11.  Section 482.183, Florida Statutes, is amended
511	to read:
512	482.183  Limitations.-
513	(1)(a)  A person may not be charged with a violation of
514	this chapter or any rule adopted pursuant to this chapter more
515	than 3 years after the date of the violation.
516	(b)(2)  For the purpose of this subsection section, a
517	charge of violation is considered to have been made upon the
518	issuance of a notice or citation by the department charging such
519	violation.
520	(2)  A person licensed or certified under this chapter who
521	practices accepted pest control methods is immune from liability
522	under s. 828.12.
523	(3)  This chapter does not exempt a person from the rules,
524	regulations, or orders of the Fish and Wildlife Conservation
525	Commission.
526	Section 12.  Subsection (6) of section 482.226, Florida
527	Statutes, is amended to read:
528	482.226  Wood-destroying organism inspection report; notice
529	of inspection or treatment; financial responsibility.-
530	(6)  Any licensee that performs wood-destroying organism
531	inspections in accordance with subsection (1) must meet minimum
532	financial responsibility in the form of errors and omissions
533	(professional liability) insurance coverage or bond in an amount
534	no less than $500,000 $50,000 in the aggregate and $250,000
535	$25,000 per occurrence, or demonstrate that the licensee has
536	equity or net worth of no less than $500,000 $100,000 as
537	determined by generally accepted accounting principles
538	substantiated by a certified public accountant's review or
539	certified audit. The licensee must show proof of meeting this
540	requirement at the time of license application or renewal
541	thereof.
542	Section 13.  Subsection (6) of section 482.243, Florida
543	Statutes, is amended to read:
544	482.243  Pest Control Enforcement Advisory Council.-
545	(6)  The meetings, powers and duties, procedures, and
546	recordkeeping, and reimbursement of expenses of members of the
547	council shall be in accordance with the provisions of s.
548	570.0705 relating to advisory committees established within the
549	department.
550	Section 14.  Paragraph (a) of subsection (1) of section
551	487.041, Florida Statutes, is amended, and paragraphs (h), (i),
552	and (j) are added to that subsection, to read:
553	487.041  Registration.-
554	(1)(a)  Effective January 1, 2009, each brand of pesticide,
555	as defined in s. 487.021, which is distributed, sold, or offered
556	for sale, except as provided in this section, within this state
557	or delivered for transportation or transported in intrastate
558	commerce or between points within this state through any point
559	outside this state must be registered in the office of the
560	department, and such registration shall be renewed biennially.
561	Emergency exemptions from registration may be authorized in
562	accordance with the rules of the department. The registrant
563	shall file with the department a statement including:
564	1.  The name, business mailing address, and street address
565	of the registrant.
566	2.  The name of the brand of pesticide.
567	3.  An ingredient statement and a complete current copy of
568	the labeling accompanying the brand of the pesticide, which must
569	conform to the registration, and a statement of all claims to be
570	made for it, including directions for use and a guaranteed
571	analysis showing the names and percentages by weight of each
572	active ingredient, the total percentage of inert ingredients,
573	and the names and percentages by weight of each "added
574	ingredient."
575	(h)  All registration fees, including supplemental fees and
576	late fees, are nonrefundable.
577	(i)  For any currently registered pesticide product brand
578	that undergoes labeling revisions during the registration
579	period, the registrant shall submit to the department a copy of
580	the revised labeling along with a cover letter detailing such
581	revisions before the sale or distribution in this state of the
582	product brand with the revised labeling. If the labeling
583	revisions require notification of an amendment review by the
584	United States Environmental Protection Agency, the registrant
585	shall submit an additional copy of the labeling marked to
586	identify those revisions.
587	(j)  Effective January 1, 2013, all payments of any
588	pesticide registration fees, including supplemental fees and
589	late fees, shall be submitted electronically using the
590	department's Internet website for registration of pesticide
591	product brands.
592	Section 15.  Subsection (5) of section 487.0615, Florida
593	Statutes, is amended to read:
594	487.0615  Pesticide Review Council.-
595	(5)  Members of the council shall receive no compensation
596	for their services, but are entitled to be reimbursed for per
597	diem and travel expenses as provided in s. 112.061.
598	Section 16.  Subsection (6) of section 500.70, Florida
599	Statutes, is renumbered as subsection (7), and a new subsection
600	(6) is added to that section to read:
601	500.70  Tomato food safety standards; inspections;
602	penalties; tomato good agricultural practices; tomato best
603	management practices.-
604	(6)  Any person who produces, harvests, packs, or repacks
605	tomatoes in this state and does not hold a food permit issued
606	under s. 500.12 shall annually register each location of a
607	tomato farm, tomato greenhouse, tomato packinghouse, or tomato
608	repacker by August 1 on a form prescribed by the department. Any
609	person who produces, harvests, packs, or repacks tomatoes at
610	more than one location may submit one registration for all such
611	locations but must provide the physical address of each
612	location. The department may set by rule an annual registration
613	fee not to exceed $500. Moneys collected pursuant to this
614	subsection shall be deposited into the General Inspection Trust
615	Fund.
616	Section 17.  The title of chapter 502, Florida Statutes, is
617	redesignated as "MILK, MILK PRODUCTS, AND FROZEN DESSERTS."
618	Section 18.  Section 502.012, Florida Statutes, is amended
619	to read:
620	502.012  Definitions.-As used in this chapter, the term The
621	following definitions shall apply in the interpretation and
622	enforcement of this law:
623	(1)  "Bulk milk pickup tanker" means a vehicle, including
624	the truck and tank, and necessary attachments, used by a milk
625	hauler to transport bulk raw milk for pasteurization from a
626	dairy farm to a milk plant, receiving station, or transfer
627	station.
628	(2)  "Dairy farm" means any place or premises where one or
629	more cows, goats, sheep, water buffalo, or other hooved mammals
630	are kept and from which a part or all of the milk is provided,
631	sold, or offered for sale.
632	(3)  "Department" means the Department of Agriculture and
633	Consumer Services.
634	(4)  "Frozen dessert" means a specific standardized frozen
635	dessert described in 21 C.F.R. part 135 and any other food
636	defined by rule of the department that resembles such
637	standardized frozen dessert but does not conform to the specific
638	description of such standardized frozen dessert in 21 C.F.R.
639	part 135. The term includes, but is not limited to, a
640	quiescently frozen confection, a quiescently frozen dairy
641	confection, a frozen dietary dairy dessert, and a frozen dietary
642	dessert.
643	(5)  "Frozen desserts manufacturer" means a person who
644	manufactures, processes, converts, partially freezes, or freezes
645	any mix or frozen dessert for distribution or sale.
646	(6)  "Frozen desserts plant" means any location or premises
647	at which frozen desserts or mix are manufactured, processed, or
648	frozen for distribution or sale at wholesale.
649	(7)  "Frozen desserts retail establishment" means any
650	location or premises, including a retail store, stand, hotel,
651	boardinghouse, restaurant, vehicle, or mobile unit, at which
652	frozen desserts are frozen, partially frozen, or dispensed for
653	sale at retail.
654	(8)  "Frozen dietary dairy dessert" or "frozen dietary
655	dessert" means a food for any special dietary use, prepared by
656	freezing, with or without agitation, and composed of a
657	pasteurized mix that may contain fat, protein, carbohydrates,
658	natural or artificial sweeteners, flavoring, stabilizers,
659	emulsifiers, vitamins, and minerals.
660	(9)(4)  "Grade 'A' pasteurized milk ordinance" means the
661	document entitled "Grade 'A' Pasteurized Milk Ordinance, United
662	States Department of Health and Human Services, Public Health
663	Service, Food and Drug Administration," including all associated
664	appendices, as adopted by department rule.
665	(10)(5)  "Imitation milk and imitation milk products" means
666	those foods that have the physical characteristics, such as
667	taste, flavor, body, texture, or appearance, of milk or milk
668	products as defined in this chapter and the Grade "A"
669	pasteurized milk ordinance but do not come within the definition
670	of "milk" or "milk products" and are nutritionally inferior to
671	the product imitated.
672	(11)(6)  "Milk" means the lacteal secretion, practically
673	free from colostrum, obtained by the complete milking of one or
674	more healthy cows, goats, sheep, water buffalo, or other hooved
675	mammals.
676	(12)(7)  "Milk distributor" means any person who offers for
677	sale or sells to another person any milk or milk product.
678	(13)(8)  "Milk products" means products made with milk that
679	is processed in some manner, including being whipped, acidified,
680	cultured, concentrated, lactose-reduced, or sodium-reduced or
681	aseptically processed, or having the addition or subtraction of
682	milkfat, the addition of safe and suitable microbial organisms,
683	or the addition of safe and suitable optional ingredients for
684	protein, vitamin, or mineral fortification. "Milk products" do
685	not include products such as evaporated milk, condensed milk,
686	eggnog in a rigid metal container, dietary products, infant
687	formula, or ice cream and other desserts.
688	(14)(9)  "Milkfat" or "butterfat" means the fat contained
689	in milk.
690	(15)(10)  "Milk hauler" means any person who transports raw
691	milk or raw milk products to or from a milk plant, receiving
692	station, or transfer station.
693	(16)(11)  "Milk plant" means any place, premises, or
694	establishment where milk or milk products are collected,
695	handled, processed, stored, pasteurized, aseptically processed,
696	bottled, or prepared for distribution.
697	(17)(12)  "Milk plant operator" means any person
698	responsible for receiving, processing, pasteurizing, or
699	packaging milk and milk products, or performing any other
700	related operation.
701	(18)(13)  "Milk producer" means any person who operates a
702	dairy farm and provides, sells, or offers for sale milk to a
703	milk plant, receiving station, or transfer station.
704	(19)(14)  "Milk tank truck" means either a bulk milk pickup
705	tanker or a milk transport tank.
706	(20)(15)  "Milk transport tank" means a vehicle, including
707	the truck and tank, used by a milk hauler to transport bulk
708	shipments of milk from a milk plant, receiving station, or
709	transfer station to another milk plant, receiving station, or
710	transfer station.
711	(21)  "Quiescently frozen confection" means a clean and
712	wholesome frozen, sweetened, flavored product that, while being
713	frozen, was not stirred or agitated (generally known as
714	quiescent freezing). The confection may be acidulated with food-
715	grade acid, may contain milk solids or water, or may be made
716	with or without added harmless pure or imitation flavoring and
717	with or without harmless coloring. The finished product must not
718	contain more than 0.5 percent by weight of stabilizer composed
719	of wholesome, edible material and must not contain less than 17
720	percent by weight of total food solids. In the production of the
721	confection, processing or mixing before quiescent freezing that
722	develops in the finished confection mix any physical expansion
723	in excess of 10 percent may not be used.
724	(22)  "Quiescently frozen dairy confection" means a clean
725	and wholesome frozen product made from water, milk products, and
726	sugar, with added harmless pure or imitation flavoring, with or
727	without added harmless coloring, with or without added
728	stabilizer, or with or without added emulsifier, that, while
729	being frozen, was not stirred or agitated (generally known as
730	quiescent freezing). The confection must not contain less than
731	13 percent by weight of total milk solids, less than 33 percent
732	by weight of total food solids, more than 0.5 percent by weight
733	of stabilizer, or more than 0.2 percent of weight by emulsifier.
734	Stabilizer and emulsifier must be composed of wholesome, edible
735	material. In the production of a quiescently frozen dairy
736	confection, processing or mixing before quiescently freezing
737	that develops in the finished confection mix any physical
738	expansion in excess of 10 percent may not be used.
739	(23)(16)  "Raw milk" means unprocessed milk.
740	(24)(17)  "Receiving station" means any place, premises, or
741	establishment where raw milk is received, collected, handled,
742	stored, or cooled and is prepared for further transporting.
743	(25)(18)  "Substitute milk and substitute milk products"
744	means those foods that have the physical characteristics, such
745	as taste, flavor, body, texture, or appearance, of milk or milk
746	products as defined in this chapter and the Grade "A"
747	pasteurized milk ordinance but do not come within the definition
748	of "milk" or "milk products" and are nutritionally equivalent to
749	the product for which they are substitutes.
750	(26)(19)  "Transfer station" means any place, premises, or
751	establishment where milk or milk products are transferred
752	directly from one milk tank truck to another.
753	(27)(20)  "Washing station" means any place, premises, or
754	establishment where milk tank trucks are cleaned and sanitized.
755	Section 19.  Section 502.013, Florida Statutes, is amended
756	to read:
757	502.013  Purpose; intent.-
758	(1)  PURPOSE.-The purpose of this chapter is to:
759	(a)  Ensure, without undue burden on either the regulatory
760	agency or the dairy industry, that milk, and milk products,
761	frozen desserts, and frozen dessert mix sold or offered for sale
762	in this state are produced under sanitary conditions, are
763	wholesome and fit for human consumption, and are correctly
764	labeled as to grade, quality, and source of production.
765	(b)  Encourage uniformity and a high level of sanitation in
766	milk and frozen dessert production practices in this state.
767	(c)  Facilitate the shipment and acceptance of milk and
768	milk products of high sanitary quality in interstate and
769	intrastate commerce.
770	(d)  Ensure the normal flow of fresh wholesome milk and
771	milk products from the farmer to the consumer by uniform
772	regulation of the shelf life of milk and milk products in this
773	state.
774	(2)  INTENT.-
775	(a)  It is the intent of the Legislature to:
776	1.  Eliminate, to the extent practicable, overlapping and
777	unnecessary inspections of dairy farms, and milk plants, and
778	frozen dessert plants which may be performed by any agency of
779	state or local government.
780	2.  Pay for the regulation of milk and milk products,
781	except as otherwise provided in s. 502.053 502.032, through the
782	General Revenue Fund.
783	(b)  It is not the intent of the Legislature to limit the
784	authority of any agency of state or local government to take
785	immediate action incident to the production, processing, or
786	distribution of milk, and milk products, and frozen desserts
787	when such action is necessary to protect the public health.
788	Section 20.  Subsections (1), (2), (6), and (7) of section
789	502.014, Florida Statutes, are amended to read:
790	502.014  Powers and duties.-
791	(1)  The department shall administer and enforce all
792	regulatory laws currently in effect governing:
793	(a)  The production, processing, and distribution of milk,
794	and milk products, frozen desserts, and frozen dessert mix.
795	(b)  The sanitation and sanitary practices of
796	establishments where food and drink, including milk and milk
797	products, are sold for consumption on the premises, except food
798	service establishments regulated under chapters 381 and 509.
799	(c)  The sanitary and healthful condition of the food and
800	drink sold or offered for sale by establishments under the
801	department's jurisdiction pursuant to paragraph (b).
802	(d)  The laboratory work of testing and analyzing milk, and
803	milk products, frozen desserts, and frozen dessert mix.
804	(2)(a)  The department shall conduct onsite inspections of
805	dairy farms, and milk plants, and frozen dessert plants and
806	collect test samples of milk, and milk products, and frozen
807	desserts as required by this chapter.
808	(b)  The department shall designate employees who shall be
809	certified by the United States Food and Drug Administration as
810	state milk sanitation rating officers, sampling surveillance
811	officers, and laboratory evaluation officers in accordance with
812	the requirements published in "Methods of Making Sanitation
813	Ratings of Milk Shippers Supplies," "Evaluation of Milk
814	Laboratories," and "Procedures Governing the Cooperative State-
815	Public Health Service/Food and Drug Administration Program for
816	Certification of Interstate Milk Shippers," respectively, as
817	adopted by department rule. These officers shall conduct routine
818	sanitation compliance survey ratings of milk producers, milk
819	plants, laboratories, receiving stations, transfer stations, and
820	manufacturers of single-service containers for milk and milk
821	products. These ratings shall be made in accordance with the
822	recommendations of the United States Food and Drug
823	Administration published in "Methods of Making Sanitation
824	Ratings of Milk Shippers." Standard Methods for the Examination
825	of Dairy Products.
826	(6)  The department has authority to adopt rules pursuant
827	to ss. 120.536(1) and 120.54 to implement and enforce the
828	provisions of this chapter. In adopting these rules, the
829	department shall be guided by and may conform to the definitions
830	and standards of the administrative procedures and provisions of
831	the Grade "A" pasteurized milk ordinance and other applicable
832	federal requirements. The rules shall include, but are not
833	limited to:
834	(a)  Standards for milk, and milk products, and frozen
835	desserts.
836	(b)  Provisions for the production, transportation,
837	processing, handling, sampling, examination, grading, labeling,
838	and sale of all milk, and milk products, frozen desserts, and
839	imitation and substitute milk and milk products sold for public
840	consumption in this state.
841	(c)  Provisions for the inspection of dairy herds, dairy
842	farms, frozen dessert plants, and milk plants.
843	(d)  Provisions for the issuance and revocation of permits
844	issued by the department pursuant to this chapter.
845	(7)  The department shall not conduct routine tests or
846	inspections on raw milk that is shipped from outside the state.
847	Nothing in this subsection shall be construed to limit the
848	authority of the department to review industry records or sample
849	milk or frozen desserts at any stage of production, processing,
850	or distribution in cases of suspected hazard to public health.
851	Section 21.  Section 502.032, Florida Statutes, is
852	repealed.
853	Section 22.  Section 502.053, Florida Statutes, is amended
854	to read:
855	502.053  Permits and licenses; fees; requirements;
856	exemptions; temporary permits.-
857	(1)  PERMITS AND LICENSES.-
858	(a)  Each Grade "A" milk plant, whether located in the
859	state or outside the state, and each manufacturing milk plant,
860	milk producer, milk hauler, milk hauling service, washing
861	station operator, milk plant operator, milk distributor, single-
862	service-container manufacturer, receiving station, and transfer
863	station in the state shall apply to the department for a permit
864	to operate. The application shall be on forms developed by the
865	department.
866	(b)  Each frozen dessert plant, whether located in the
867	state or outside the state, that manufactures frozen desserts or
868	other products defined in this chapter and offers these products
869	for sale in this state must apply to the department for a permit
870	to operate. The application must be submitted on forms
871	prescribed by the department. All frozen dessert permits expire
872	on June 30 of each year.
873	(c)  Any person who tests milk or milk products for milkfat
874	content by weight, volume, chemical, electronic, or other method
875	when the result of such test is used as a basis for payment for
876	the milk or milk products must apply to the department for a
877	license. To qualify for a license, the applicant must
878	demonstrate a sufficiency of knowledge, ability, and equipment
879	to adequately perform milkfat tests. The license shall be issued
880	for a period of 2 years after the date of first issuance upon
881	application to the department on forms prescribed by the
882	department.
883	(d)(b)  Permits and licenses are nontransferable between
884	persons or locations and are subject to suspension or revocation
885	as provided in this chapter.
886	(2)  FEES.-
887	(a)  The initial application for a frozen dessert plant
888	permit must be accompanied by a permit fee of $200. The annual
889	permit renewal fee is $100.
890	(b)  The department shall charge each applicant for a
891	milkfat tester's license a fee not to exceed $125.
892	(3)(2)  REQUIREMENTS.-
893	(a)  To obtain a frozen dessert plant permit or milkfat
894	tester's license, an applicant must satisfy all requirements
895	that are defined by the department in rule and must agree to
896	comply with the applicable provisions of this chapter and rules
897	adopted under this chapter. The department shall mail a copy of
898	the permit or license to the applicant to signify that
899	administrative requirements have been met.
900	(b)  All permitholders must maintain records of
901	transactions concerning the procurement, production, and
902	processing of milk and milk products as required in the Grade
903	"A" pasteurized milk ordinance and grant department inspectors
904	access to such records during all reasonable hours.
905	(c)  In addition to the testing required in the Grade "A"
906	pasteurized milk ordinance and its appendices, each milk plant
907	operator in the state shall be responsible for routine testing
908	and inspection of raw milk shipped from outside the state prior
909	to processing and shall notify the department when such testing
910	and inspection indicate a violation of the standards contained
911	in the Grade "A" pasteurized milk ordinance.
912	(d)  Each frozen dessert plant permitholder must report
913	monthly, quarterly, semiannually, or annually, as required by
914	the department, the number of gallons of frozen dessert or
915	frozen dessert mix sold or manufactured by the permitholder in
916	this state.
917	(e)  Each licensed milkfat tester shall keep records of
918	milkfat tests conducted by him or her for a period of 1 year,
919	and such records must be available for inspection by the
920	department at all reasonable hours.
921	(4)(3)  EXEMPTIONS.-
922	(a)  The following persons shall be exempt from milk hauler
923	permit requirements:
924	1.  Milk producers who transport milk or milk products only
925	from their own dairy farms.
926	2.  Employees of a milk distributor or milk plant operator
927	who possesses a valid permit.
928	3.  Drivers of bulk milk tank trucks between locations who
929	do not collect milk from farms.
930	(b)  Grocery stores, restaurants, soda fountains, and
931	similar establishments where milk or milk products are served or
932	sold, but not processed, may be exempted from permit
933	requirements.
934	(c)  Frozen desserts retail establishments as defined in s.
935	502.012 are exempt from this chapter.
936	(5)(4)  TEMPORARY PERMITS.-
937	(a)  The department may issue a temporary permit for a
938	period not exceeding 90 days to milk producers who have
939	submitted an application to the department and passed a
940	preliminary inspection as required in the Grade "A" pasteurized
941	milk ordinance.
942	(b)  During this 90-day period, the department shall act
943	expeditiously to determine compliance with all relevant laws
944	and, upon finding compliance, shall issue a permit pursuant to
945	subsection (1).
946	Section 23.  Section 502.054, Florida Statutes, is amended
947	to read:
948	502.054  Inspection and reinspection.-
949	(1)  The department shall establish a schedule for
950	inspections which shall require routine inspections in
951	accordance with the minimum requirements contained in the Grade
952	"A" pasteurized milk ordinance and more frequent inspections or
953	reinspections for permitholders with serious or repeated
954	violations.
955	(2)  The department shall inspect frozen desserts and
956	frozen dessert plants that handle and process mix and
957	manufacture frozen desserts for wholesale. Inspections must be
958	based on the frequency and severity of a violation. However, the
959	department must comply with all federal requirements governing
960	inspections.
961	Section 24.  Subsection (1) of section 502.091, Florida
962	Statutes, is amended to read:
963	502.091  Milk and milk products which may be sold.-
964	(1)  Only Grade "A" pasteurized milk and milk products,
965	pasteurized manufactured milk products, ice cream, and frozen
966	desserts, and cheese made from pasteurized milk shall be sold at
967	retail to the final consumer or to food service establishments
968	as defined in chapter 381, food establishments as defined in
969	chapter 500, or public food service establishments as defined in
970	chapter 509. Cheese made from raw milk may also be sold at
971	retail to the final consumer or to food service establishments
972	as defined in chapter 381, food establishments as defined in
973	chapter 500, or public food service establishments as defined in
974	chapter 509 if the cheese is aged more than 60 days at a
975	temperature above 35° F.
976	(a)  In an emergency, however, the department may authorize
977	the sale of reconstituted pasteurized milk products, or
978	pasteurized milk and milk products that have not been graded or
979	the grade of which is unknown, in which case such milk and milk
980	products shall be appropriately labeled, as determined by the
981	department.
982	(b)  If the department determines that milk is fit for
983	human consumption even though it is less than Grade "A" because
984	the producer failed to comply with the sanitation or bacterial
985	standards defined in this chapter, or if any specific shipment
986	of milk fails to comply with standards of the Grade "A"
987	pasteurized milk ordinance, the department may issue a permit
988	allowing the milk to be used in ungraded products, such as
989	frozen desserts, which are being processed by such milk plant.
990	During processing of such milk, it shall be pasteurized at a
991	temperature of at least 175° F. for at least 15 seconds or at
992	least 160° F. for at least 30 minutes.
993	Section 25.  Subsections (1) and (2) of section 502.121,
994	Florida Statutes, are amended to read:
995	502.121  Future dairy farms and milk and frozen dessert
996	plants.-
997	(1)  All future construction or extensive alteration of
998	milk houses, milking barns, stables, parlors, transfer stations,
999	and milk and frozen dessert plants regulated under this chapter
1000	must meet certain minimum specifications and requirements which
1001	the department shall establish by rule.
1002	(2)  Anyone who plans to construct a new milk house,
1003	milking barn, stable, parlor, transfer station, or milk or
1004	frozen dessert plant, or extensively alter any such existing
1005	facility, shall notify the department in writing of the
1006	intention to construct or alter, the date construction or
1007	alteration is to begin, and the legal description of the
1008	property for which the construction is planned.
1009	Section 26.  Subsection (1) of section 502.181, Florida
1010	Statutes, is amended to read:
1011	502.181  Prohibited acts.-It is unlawful for any person in
1012	this state to:
1013	(1)  Engage in the business of producing, hauling,
1014	transferring, receiving, processing, packaging, or distributing
1015	milk, or milk products, or frozen desserts or operating a
1016	washing station, manufacturing single-service containers,
1017	manufacturing imitation or substitute milk or milk products, or
1018	testing for milkfat content, without first obtaining a permit or
1019	license from the department.
1020	Section 27.  Subsection (1) of section 502.231, Florida
1021	Statutes, is amended to read:
1022	502.231  Penalty and injunction.-
1023	(1)  The department may enter an order imposing one or more
1024	of the following penalties against any person who violates any
1025	provision of the provisions of this chapter:
1026	(a)  Issuance of a warning letter that relates to the class
1027	of the violation.
1028	(b)  Imposition of an administrative fine not to exceed:
1029	1.  Ten thousand dollars per violation in the case of a
1030	frozen dessert licensee;
1031	2.  Ten percent of the license fee or $100, whichever is
1032	greater, for failure to report the information described in s.
1033	502.053(3)(d); or
1034	3.  One thousand dollars of not more than $1,000 per
1035	occurrence for any other violation.
1036
1037	(c)  When imposing a fine under this paragraph section, the
1038	department must consider the degree and extent of harm caused by
1039	the violation, the cost of rectifying the damage, the benefit to
1040	the violator, whether the violation was committed willfully, and
1041	the violator's compliance record.
1042	(c)(d)  Revocation or suspension of any permit issued by
1043	the department under this chapter.
1044	Section 28.  Section 502.232, Florida Statutes, is amended
1045	to read:
1046	502.232  Local regulations superseded.-All special or local
1047	acts, general laws of limited application, county ordinances or
1048	resolutions, municipal ordinances or resolutions, and municipal
1049	charter provisions that authorize the regulation of milk or milk
1050	products, or frozen desserts for wholesale, are superseded by
1051	this chapter and the rules adopted pursuant to this chapter.
1052	Section 29.  Chapter 503, Florida Statutes, consisting of
1053	sections 503.011, 503.021, 503.031, 503.041, 503.0415, 503.051,
1054	503.071, 503.081, and 503.091, is repealed.
1055	Section 30.  Subsection (5) of section 527.22, Florida
1056	Statutes, is amended to read:
1057	527.22  Florida Propane Gas Education, Safety, and Research
1058	Council established; membership; duties and responsibilities.-
1059	(5)  Council members shall receive no compensation or
1060	honorarium for their services, and are authorized to receive
1061	only per diem and reimbursement for travel expenses as provided
1062	in s. 112.061.
1063	Section 31.  Subsection (3) of section 559.9221, Florida
1064	Statutes, is amended to read:
1065	559.9221  Motor Vehicle Repair Advisory Council.-The Motor
1066	Vehicle Repair Advisory Council is created to advise and assist
1067	the department in carrying out this part.
1068	(3)  The members of the council shall receive no
1069	compensation for their services, except that they may receive
1070	per diem and travel expenses as provided in s. 112.061.
1071	Section 32.  Subsections (16), (19), and (28) of section
1072	570.07, Florida Statutes, are amended, present subsection (41)
1073	is renumbered as subsection (42), and a new subsection (41) is
1074	added to that section, to read:
1075	570.07  Department of Agriculture and Consumer Services;
1076	functions, powers, and duties.-The department shall have and
1077	exercise the following functions, powers, and duties:
1078	(16)  To enforce the state laws and rules relating to:
1079	(a)  Fruit and vegetable inspection and grading;
1080	(b)  Pesticide spray, residue inspection, and removal;
1081	(c)  Registration, labeling, inspection, sale, composition,
1082	formulation, wholesale and retail distribution, and analysis of
1083	commercial stock feeds and registration, labeling, inspection,
1084	and analysis of commercial fertilizers;
1085	(d)  Classification, inspection, and sale of poultry and
1086	eggs;
1087	(e)  Registration, inspection, and analysis of gasolines
1088	and oils;
1089	(f)  Registration, labeling, inspection, and analysis of
1090	pesticides;
1091	(g)  Registration, labeling, inspection, germination
1092	testing, and sale of seeds, both common and certified;
1093	(h)  Weights, measures, and standards;
1094	(i)  Foods, as set forth in the Florida Food Safety Act;
1095	(j)  Inspection and certification of honey;
1096	(k)  Sale of liquid fuels;
1097	(l)  Licensing of dealers in agricultural products;
1098	(m)  Administration and enforcement of all regulatory
1099	legislation applying to milk and milk products, ice cream, and
1100	frozen desserts;
1101	(n)  Recordation and inspection of marks and brands of
1102	livestock; and
1103	(o)  Regulation of fertilizer, including its sale,
1104	composition, packaging, labeling, wholesale and retail
1105	distribution, and formulation, including nutrient content level
1106	and release rates; and
1107	(p)(o)  All other regulatory laws relating to agriculture.
1108
1109	In order to ensure uniform health and safety standards, the
1110	adoption of standards and fines in the subject areas of
1111	paragraphs (a)-(n) is expressly preempted to the state and the
1112	department. Any local government enforcing the subject areas of
1113	paragraphs (a)-(n) must use the standards and fines set forth in
1114	the pertinent statutes or any rules adopted by the department
1115	pursuant to those statutes.
1116	(19)  To protect the dairy interests of the state; and, to
1117	that end, it shall enforce those functions, powers, and duties
1118	given to it in chapter chapters 502 and 503.
1119	(28)  For purposes of pollution control and the prevention
1120	of wildfires purposes, to regulate open burning connected with
1121	rural land-clearing, agricultural, or forestry operations,
1122	except fires for cold or frost protection.
1123	(41)(a)  Except as otherwise provided in paragraph (b), to
1124	exercise the exclusive authority to regulate the sale,
1125	composition, packaging, labeling, wholesale and retail
1126	distribution, and formulation, including nutrient content level
1127	and release rates, of fertilizer under chapter 576. This
1128	subsection expressly preempts such regulation of fertilizer to
1129	the state.
1130	(b)  An ordinance regulating the sale of fertilizer adopted
1131	by a county or municipal government before July 1, 2011, is
1132	exempt from this subsection, and the county or municipal
1133	government may enforce such ordinance within its respective
1134	jurisdiction.
1135	Section 33.  Subsection (5) is added to section 576.181,
1136	Florida Statutes, to read:
1137	576.181  Administration; rules; procedure.-
1138	(5)(a)  Except as otherwise provided in paragraph (b), the
1139	department has exclusive authority to regulate the sale,
1140	composition, packaging, labeling, wholesale and retail
1141	distribution, and formulation, including nutrient content level
1142	and release rates, of fertilizer. This subsection expressly
1143	preempts such regulation of fertilizer to the state.
1144	(b)  An ordinance regulating the sale of fertilizer adopted
1145	by a county or municipal government before July 1, 2011, is
1146	exempt from this subsection, and the county or municipal
1147	government may enforce such ordinance within its respective
1148	jurisdiction.
1149	Section 34.  Subsection (9) of section 570.0705, Florida
1150	Statutes, is amended to read:
1151	570.0705  Advisory committees.-From time to time the
1152	commissioner may appoint any advisory committee to assist the
1153	department with its duties and responsibilities.
1154	(9)  Members of each advisory committee shall receive no
1155	compensation for their services, but shall be entitled to
1156	reimbursement for per diem and travel expenses as provided in s.
1157	112.061.
1158	Section 35.  Section 570.074, Florida Statutes, is amended
1159	to read:
1160	570.074  Department of Agriculture and Consumer Services;
1161	energy and water policy coordination.-The commissioner may
1162	create an Office of Energy and Water Coordination under the
1163	supervision of a senior manager exempt under s. 110.205 in the
1164	Senior Management Service. The commissioner may designate the
1165	bureaus and positions in the various organizational divisions of
1166	the department that report to this office relating to any matter
1167	over which the department has jurisdiction in matters relating
1168	to energy and water policy affecting agriculture, application of
1169	such policies, and coordination of such matters with state and
1170	federal agencies.
1171	Section 36.  Section 570.18, Florida Statutes, is amended
1172	to read:
1173	570.18  Organization of departmental work.-In the
1174	assignment of functions to the 12 divisions of the department
1175	created in s. 570.29, the department shall retain within the
1176	Division of Administration, in addition to executive functions,
1177	those powers and duties enumerated in s. 570.30. The department
1178	shall organize the work of the other 11 divisions in such a way
1179	as to secure maximum efficiency in the conduct of the
1180	department. The divisions created in s. 570.29 are solely to
1181	make possible the definite placing of responsibility. The
1182	department shall be conducted as a unit in which every employee,
1183	including each division director, is assigned a definite
1184	workload, and there shall exist between division directors a
1185	spirit of cooperative effort to accomplish the work of the
1186	department.
1187	Section 37.  Subsection (2) of section 570.23, Florida
1188	Statutes, is amended to read:
1189	570.23  State Agricultural Advisory Council.-
1190	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1191	COMPENSATION.-The meetings, powers and duties, procedures, and
1192	recordkeeping of the State Agricultural Advisory Council, and
1193	per diem and reimbursement of expenses of council members, shall
1194	be governed by the provisions of s. 570.0705 relating to
1195	advisory committees established within the department.
1196	Section 38.  Subsections (7) through (12) of section
1197	570.29, Florida Statutes, are renumbered as subsections (6)
1198	through (11), respectively, and present subsection (6) is
1199	amended to read:
1200	570.29  Departmental divisions.-The department shall
1201	include the following divisions:
1202	(6)  Dairy Industry.
1203	Section 39.  Subsection (2) of section 570.38, Florida
1204	Statutes, is amended to read:
1205	570.38  Animal Industry Technical Council.-
1206	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1207	COMPENSATION.-The meetings, powers and duties, procedures, and
1208	recordkeeping of the Animal Industry Technical Council, and per
1209	diem and reimbursement of expenses of council members, shall be
1210	governed by the provisions of s. 570.0705 relating to advisory
1211	committees established within the department.
1212	Section 40.  Paragraph (d) of subsection (3) of section
1213	570.382, Florida Statutes, is amended to read:
1214	570.382  Arabian horse racing; breeders' and stallion
1215	awards; Arabian Horse Council; horse registration fees; Florida
1216	Arabian Horse Racing Promotion Account.-
1217	(3)  ARABIAN HORSE COUNCIL.-
1218	(d)  Members of the council shall receive no compensation
1219	for their services, except that they shall receive per diem and
1220	travel expenses as provided in s. 112.061 when actually engaged
1221	in the business of the council.
1222	Section 41.  Sections 570.40 and 570.41, Florida Statutes,
1223	are repealed.
1224	Section 42.  Subsection (2) of section 570.42, Florida
1225	Statutes, is amended to read:
1226	570.42  Dairy Industry Technical Council.-
1227	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1228	COMPENSATION.-The meetings, powers and duties, procedures, and
1229	recordkeeping of the Dairy Industry Technical Council, and per
1230	diem and reimbursement of expenses of council members, shall be
1231	governed by the provisions of s. 570.0705 relating to advisory
1232	committees established within the department.
1233	Section 43.  Subsections (2) and (3) of section 570.50,
1234	Florida Statutes, are amended, and subsections (6) and (7) are
1235	added to that section, to read:
1236	570.50  Division of Food Safety; powers and duties.-The
1237	duties of the Division of Food Safety include, but are not
1238	limited to:
1239	(2)  Conducting those general inspection activities
1240	relating to food and food products being processed, held, or
1241	offered for sale in this state and enforcing those provisions of
1242	chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601
1243	relating to foods as authorized by the department.
1244	(3)  Analyzing samples of foods offered for sale in this
1245	state as required under chapters 500, 501, 502, 503, 585, 586,
1246	and 601.
1247	(6)  Inspecting dairy farms of the state, enforcing those
1248	provisions of chapter 502 that are authorized by the department
1249	and related to the supervision of milking operations, and
1250	enforcing rules adopted under such provisions.
1251	(7)  Inspecting milk plants, milk product plants, and
1252	plants engaged in the manufacture and distribution of frozen
1253	desserts and frozen dessert mixes; analyzing and testing samples
1254	of milk, milk products, frozen desserts, and frozen dessert
1255	mixes collected by the division; and enforcing those provisions
1256	of chapter 502 that are authorized by the department.
1257	Section 44.  Subsection (2) of section 570.51, Florida
1258	Statutes, is amended to read:
1259	570.51  Director; qualifications; duties.-
1260	(2)  The director shall supervise, direct, and coordinate
1261	the activities of the division and enforce the provisions of
1262	chapters 500, 501, 502, 503, 531, 583, 585, and 601 and any
1263	other chapter necessary to carry out the responsibilities of the
1264	division.
1265	Section 45.  Subsection (2) of section 570.543, Florida
1266	Statutes, is amended to read:
1267	570.543  Florida Consumers' Council.-The Florida Consumers'
1268	Council in the department is created to advise and assist the
1269	department in carrying out its duties.
1270	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1271	COMPENSATION.-The meetings, powers and duties, procedures, and
1272	recordkeeping of the Florida Consumers' Council, and per diem
1273	and reimbursement of expenses of council members, shall be
1274	governed by the provisions of s. 570.0705 relating to advisory
1275	committees established within the department. The council
1276	members or chair may call no more than two meetings.
1277	Section 46.  Subsection (3) of section 570.954, Florida
1278	Statutes, is amended to read:
1279	570.954  Farm-to-fuel initiative.-
1280	(3)  The department shall coordinate with and solicit the
1281	expertise of the state energy office within the Department of
1282	Environmental Protection when developing and implementing this
1283	initiative.
1284	Section 47.  Subsection (2) of section 571.28, Florida
1285	Statutes, is amended to read:
1286	571.28  Florida Agricultural Promotional Campaign Advisory
1287	Council.-
1288	(2)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
1289	COMPENSATION.-The meetings, powers and duties, procedures, and
1290	recordkeeping of the Florida Agricultural Promotional Campaign
1291	Advisory Council, and per diem and reimbursement of expenses of
1292	council members, shall be governed by the provisions of s.
1293	570.0705 relating to advisory committees established within the
1294	department.
1295	Section 48.  Subsection (6) of section 573.112, Florida
1296	Statutes, is amended to read:
1297	573.112  Advisory council.-
1298	(6)  No member or alternate member of the council shall
1299	receive a salary, but shall be reimbursed for travel expenses
1300	while on council business as provided in s. 112.061. The
1301	department may employ necessary personnel, including
1302	professional and technical services personnel, and fix their
1303	compensation and terms of employment and may incur expenses to
1304	be paid from moneys collected as herein provided.
1305	Section 49.  Subsection (3) of section 576.091, Florida
1306	Statutes, is amended to read:
1307	576.091  Fertilizer Technical Council.-
1308	(3)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1309	REIMBURSEMENTS.-The meetings, powers and duties, procedures, and
1310	recordkeeping, and reimbursement of expenses of members and
1311	alternate members of the council shall be in accordance with the
1312	provisions of s. 570.0705 relating to advisory committees
1313	established within the department.
1314	Section 50.  Subsection (2) of section 580.151, Florida
1315	Statutes, is amended to read:
1316	580.151  Commercial Feed Technical Council.-
1317	(2)  POWERS AND DUTIES; PROCEDURES; RECORDS; COMPENSATION.-
1318	The meetings, powers and duties, procedures, and recordkeeping
1319	of the Commercial Feed Technical Council, and per diem and
1320	reimbursement of expenses of council members, shall be governed
1321	by the provisions of s. 570.0705 relating to advisory committees
1322	established within the department.
1323	Section 51.  Subsection (2) of section 581.186, Florida
1324	Statutes, is amended to read:
1325	581.186  Endangered Plant Advisory Council; organization;
1326	meetings; powers and duties.-
1327	(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
1328	COMPENSATION.-The meetings, powers and duties, procedures, and
1329	recordkeeping of the Endangered Plant Advisory Council, and per
1330	diem and reimbursement of expenses of council members, shall be
1331	governed by the provisions of s. 570.0705 relating to advisory
1332	committees established within the department.
1333	Section 52.  Subsection (3) of section 582.30, Florida
1334	Statutes, is amended to read:
1335	582.30  Discontinuance of districts; referendum;
1336	commissioner's authority.-
1337	(3)  In the alternative, upon review and recommendation of
1338	the Soil and Water Conservation Council regarding the continued
1339	viability of a district, the Commissioner of Agriculture may
1340	dissolve or discontinue such district if the commissioner
1341	certifies that the continued operation of the district is not
1342	administratively practicable and feasible. If a district has
1343	failed to comply with any of the audit and financial reporting
1344	requirements of chapter 189, the commissioner, after review and
1345	confirmation by the department's inspector general, may certify
1346	dissolution or discontinuance of such district without prior
1347	review and recommendation of the Soil and Water Conservation
1348	Council. Notice of such proposed certification of dissolution or
1349	discontinuance shall be published once a week for 2 weeks in a
1350	newspaper of general circulation within the county or counties
1351	wherein the district is located, stating the name of the
1352	district and a general description of the territory included in
1353	the district, and requiring that any objections to the proposed
1354	dissolution or any claims against the assets of the district
1355	must be filed with the department clerk not later than 60 days
1356	following the date of last publication.
1357	Section 53.  Subsection (3) of section 586.161, Florida
1358	Statutes, is amended to read:
1359	586.161  Honeybee Technical Council.-
1360	(3)  MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS;
1361	COMPENSATION.-The meetings, powers and duties, procedures, and
1362	recordkeeping of the Honeybee Technical Council, and per diem
1363	and reimbursement of expenses of council members, shall be
1364	governed by the provisions of s. 570.0705 relating to advisory
1365	committees established within the department.
1366	Section 54.  Section 590.015, Florida Statutes, is amended
1367	to read:
1368	590.015  Definitions.-As used in this chapter, the term:
1369	(1)  "Broadcast burning" means the burning of agricultural
1370	or natural vegetation by allowing fire to move across a
1371	predetermined area of land. The term does not include the
1372	burning of vegetative debris that is piled or stacked.
1373	(2)(1)  "Division" means the Division of Forestry of the
1374	Department of Agriculture and Consumer Services.
1375	(3)(2)  "Fire management services" means presuppression
1376	fireline plowing, prescribed burning assistance, contract
1377	prescribed burning, prescribed and wildfire management training,
1378	and other activities associated with prevention, detection, and
1379	suppression of wildfires.
1380	(4)(3)  "Fuel reduction" means the application of
1381	techniques that reduce vegetative fuels, and may include
1382	prescribed burning, manual and mechanical clearing, and the use
1383	of herbicides.
1384	(5)  "Open burning" means any outdoor fire or open
1385	combustion of material that produces visible emissions.
1386	(6)(4)  "Wildfire" means any vegetative fire that threatens
1387	to destroy life, property, or natural resources.
1388	(7)(5)  "Wild land" means any public or private managed or
1389	unmanaged forest, urban/interface, pasture or range land,
1390	recreation lands, or any other land at risk of wildfire.
1391	Section 55.  Paragraph (d) of subsection (1) and subsection
1392	(4) of section 590.02, Florida Statutes, are amended, and
1393	subsections (9) and (10) are added to that section, to read:
1394	590.02  Division powers, authority, and duties; liability;
1395	building structures; Florida Center for Wildfire and Forest
1396	Resources Management Training.-
1397	(1)  The division has the following powers, authority, and
1398	duties:
1399	(d)  To appoint center managers, forest area supervisors,
1400	forestry program administrators, a forest protection bureau
1401	chief, a forest protection assistant bureau chief, a field
1402	operations bureau chief, deputy chiefs of field operations,
1403	district managers, forest operations administrators, senior
1404	forest rangers, investigators, forest rangers, firefighter
1405	rotorcraft pilots, and other employees who may, at the
1406	division's discretion, be certified as forestry firefighters
1407	pursuant to s. 633.35(4). Other provisions of law
1408	notwithstanding, center managers, district managers, forest
1409	protection assistant bureau chief, and deputy chiefs of field
1410	operations shall have Selected Exempt Service status in the
1411	state personnel designation;
1412	(4)(a)  The department may build structures,
1413	notwithstanding chapters 216 and 255, not to exceed a cost of
1414	$50,000 per structure from existing resources on forest lands,
1415	federal excess property, and unneeded existing structures. These
1416	structures must meet all applicable building codes.
1417	(b)  Notwithstanding s. 553.80(1), the department shall
1418	exclusively enforce the Florida Building Code as it pertains to
1419	wildfire and law enforcement facilities under the jurisdiction
1420	of the department.
1421	(9)(a)  Notwithstanding ss. 273.055 and 287.16, the
1422	department may retain, transfer, warehouse, bid, destroy, scrap,
1423	or otherwise dispose of surplus equipment and vehicles that are
1424	used for wildland firefighting.
1425	(b)  All money received from the disposition of state-owned
1426	equipment and vehicles that are used for wildland firefighting
1427	shall be retained by the department. Money received pursuant to
1428	this section is appropriated for and may be disbursed for the
1429	acquisition of exchange and surplus equipment used for wildland
1430	firefighting, and for all necessary operating expenditures
1431	related to such equipment, in the same fiscal year and the
1432	fiscal year following the disposition. The department shall
1433	maintain records of the accounts into which the money is
1434	deposited.
1435	(10)(a)  The division has exclusive authority to require
1436	and issue authorizations for broadcast burning and agricultural
1437	and silvicultural pile burning. An agency, commission,
1438	department, county, municipality, or other political subdivision
1439	of the state may not adopt laws, regulations, rules, or policies
1440	pertaining to broadcast burning or agricultural and
1441	silvicultural pile burning unless an emergency order is declared
1442	in accordance with s. 252.38(3).
1443	(b)  The division may delegate to a county or municipality
1444	its authority, as delegated by the Department of Environmental
1445	Protection pursuant to ss. 403.061(28) and 403.081, to require
1446	and issue authorizations for the burning of yard trash and
1447	debris from land clearing operations in accordance with s.
1448	590.125(6).
1449	Section 56.  Section 590.125, Florida Statutes, is amended
1450	to read:
1451	590.125  Open burning authorized by the division.-
1452	(1)  DEFINITIONS.-As used in this section, the term:
1453	(a)  "Certified pile burner" means an individual who
1454	successfully completes the division's pile burning certification
1455	program and possesses a valid pile burner certification number.
1456	"Prescribed burning" means the controlled application of fire in
1457	accordance with a written prescription for vegetative fuels
1458	under specified environmental conditions while following
1459	appropriate precautionary measures that ensure that the fire is
1460	confined to a predetermined area to accomplish the planned fire
1461	or land-management objectives.
1462	(b)  "Certified prescribed burn manager" means an
1463	individual who successfully completes the certified prescribed
1464	burning certification program of the division and possesses a
1465	valid certification number.
1466	(c)(d)  "Extinguished" means that no spreading flame for:
1467	1.  Wildland Wild land burning or certified prescribed
1468	burning, and no spreading flames visible flame, smoke, or
1469	emissions for vegetative land-clearing debris burning, exist.
1470	2.  Vegetative land-clearing debris burning or pile
1471	burning, no visible flames exist.
1472	3.  Vegetative land-clearing debris burning or pile burning
1473	in an area designated as smoke sensitive by the division, no
1474	visible flames, smoke, or emissions exist.
1475	(d)  "Land-clearing operation" means the uprooting or
1476	clearing of vegetation in connection with the construction of
1477	buildings and rights-of-way, land development, and mineral
1478	operations. The term does not include the clearing of yard
1479	trash.
1480	(e)  "Pile burning" means the burning of silvicultural,
1481	agricultural, or land-clearing and tree-cutting debris
1482	originating onsite, which is stacked together in a round or
1483	linear fashion, including, but not limited to, a windrow.
1484	(f)  "Prescribed burning" means the controlled application
1485	of fire by broadcast burning in accordance with a written
1486	prescription for vegetative fuels under specified environmental
1487	conditions, while following appropriate precautionary measures
1488	that ensure that the fire is confined to a predetermined area to
1489	accomplish the planned fire or land-management objectives.
1490	(g)(c)  "Prescription" means a written plan establishing
1491	the criteria necessary for starting, controlling, and
1492	extinguishing a prescribed burn.
1493	(h)  "Yard trash" means vegetative matter resulting from
1494	landscaping and yard maintenance operations and other such
1495	routine property cleanup activities. The term includes materials
1496	such as leaves, shrub trimmings, grass clippings, brush, and
1497	palm fronds.
1498	(2)  NONCERTIFIED BURNING.-
1499	(a)  Persons may be authorized to burn wild land or
1500	vegetative land-clearing debris in accordance with this
1501	subsection if:
1502	1.  There is specific consent of the landowner or his or
1503	her designee;
1504	2.  Authorization has been obtained from the division or
1505	its designated agent before starting the burn;
1506	3.  There are adequate firebreaks at the burn site and
1507	sufficient personnel and firefighting equipment for the control
1508	of the fire;
1509	4.  The fire remains within the boundary of the authorized
1510	area;
1511	5.  An authorized person Someone is present at the burn
1512	site until the fire is extinguished;
1513	6.  The division does not cancel the authorization; and
1514	7.  The division determines that air quality and fire
1515	danger are favorable for safe burning.
1516	(b)  A person who burns wild land or vegetative land-
1517	clearing debris in a manner that violates any requirement of
1518	this subsection commits a misdemeanor of the second degree,
1519	punishable as provided in s. 775.082 or s. 775.083.
1520	(3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1521	PURPOSE.-
1522	(a)  The application of prescribed burning is a land
1523	management tool that benefits the safety of the public, the
1524	environment, and the economy of the state. The Legislature finds
1525	that:
1526	1.  Prescribed burning reduces vegetative fuels within wild
1527	land areas. Reduction of the fuel load reduces the risk and
1528	severity of wildfire, thereby reducing the threat of loss of
1529	life and property, particularly in urban areas.
1530	2.  Most of Florida's natural communities require periodic
1531	fire for maintenance of their ecological integrity. Prescribed
1532	burning is essential to the perpetuation, restoration, and
1533	management of many plant and animal communities. Significant
1534	loss of the state's biological diversity will occur if fire is
1535	excluded from fire-dependent systems.
1536	3.  Forestland and rangeland constitute significant
1537	economic, biological, and aesthetic resources of statewide
1538	importance. Prescribed burning on forestland prepares sites for
1539	reforestation, removes undesirable competing vegetation,
1540	expedites nutrient cycling, and controls or eliminates certain
1541	forest pathogens. On rangeland, prescribed burning improves the
1542	quality and quantity of herbaceous vegetation necessary for
1543	livestock production.
1544	4.  The state purchased hundreds of thousands of acres of
1545	land for parks, preserves, wildlife management areas, forests,
1546	and other public purposes. The use of prescribed burning for
1547	management of public lands is essential to maintain the specific
1548	resource values for which these lands were acquired.
1549	5.  A public education program is necessary to make
1550	citizens and visitors aware of the public safety, resource, and
1551	economic benefits of prescribed burning.
1552	6.  Proper training in the use of prescribed burning is
1553	necessary to ensure maximum benefits and protection for the
1554	public.
1555	7.  As Florida's population continues to grow, pressures
1556	from liability issues and nuisance complaints inhibit the use of
1557	prescribed burning. Therefore, the division is urged to maximize
1558	the opportunities for prescribed burning conducted during its
1559	daytime and nighttime authorization process.
1560	(b)  Certified prescribed burning pertains only to
1561	broadcast burning for purposes of silviculture, wildland fire
1562	hazard reduction, wildlife management, ecological maintenance
1563	and restoration, and range and pasture management. It must be
1564	conducted in accordance with this subsection and:
1565	1.  May be accomplished only when a certified prescribed
1566	burn manager is present on site with a copy of the prescription
1567	from ignition of the burn to its completion.
1568	2.  Requires that a written prescription be prepared before
1569	receiving authorization to burn from the division.
1570	3.  Requires that the specific consent of the landowner or
1571	his or her designee be obtained before requesting an
1572	authorization.
1573	4.  Requires that an authorization to burn be obtained from
1574	the division before igniting the burn.
1575	5.  Requires that there be adequate firebreaks at the burn
1576	site and sufficient personnel and firefighting equipment for the
1577	control of the fire.
1578	6.  Is considered to be in the public interest and does not
1579	constitute a public or private nuisance when conducted under
1580	applicable state air pollution statutes and rules.
1581	7.  Is considered to be a property right of the property
1582	owner if vegetative fuels are burned as required in this
1583	subsection.
1584	(c)  Neither a property owner nor his or her agent is
1585	liable pursuant to s. 590.13 for damage or injury caused by the
1586	fire or resulting smoke or considered to be in violation of
1587	subsection (2) for burns conducted in accordance with this
1588	subsection unless gross negligence is proven.
1589	(d)  Any certified burner who violates this section commits
1590	a misdemeanor of the second degree, punishable as provided in s.
1591	775.082 or s. 775.083.
1592	(e)  The division shall adopt rules for the use of
1593	prescribed burning and for certifying and decertifying certified
1594	prescribed burn managers based on their past experience,
1595	training, and record of compliance with this section.
1596	(4)  CERTIFIED PILE BURNING.-
1597	(a)  Certified pile burning pertains to the disposal of
1598	piled, naturally occurring debris from an agricultural,
1599	silvicultural, or temporary land-clearing operation. A land-
1600	clearing operation is temporary if it operates for 6 months or
1601	less. Certified pile burning must be conducted in accordance
1602	with the following:
1603	1.  A certified pile burner must ensure, before ignition,
1604	that the piles are properly placed and that the content of the
1605	piles is conducive to efficient burning.
1606	2.  A certified pile burner must ensure that the piles are
1607	properly extinguished no later than 1 hour after sunset. If the
1608	burn is conducted in an area designated by the division as smoke
1609	sensitive, a certified pile burner must ensure that the piles
1610	are properly extinguished at least 1 hour before sunset.
1611	3.  A written pile burning plan must be prepared before
1612	receiving authorization from the division to burn.
1613	4.  The specific consent of the landowner or his or her
1614	agent must be obtained before requesting authorization to burn.
1615	5.  An authorization to burn must be obtained from the
1616	division or its designated agent before igniting the burn.
1617	6.  There must be adequate firebreaks and sufficient
1618	personnel and firefighting equipment at the burn site to control
1619	the fire.
1620	(b)  If a burn is conducted in accordance with paragraph
1621	(a), the property owner and his or her agent are not liable
1622	under s. 590.13 for damage or injury caused by the fire or
1623	resulting smoke, and are not in violation of subsection (2),
1624	unless gross negligence is proven.
1625	(c)  A certified pile burner who violates this subsection
1626	commits a misdemeanor of the second degree, punishable as
1627	provided in s. 775.082 or s. 775.083.
1628	(d)  The division shall adopt rules regulating certified
1629	pile burning. The rules shall include procedures and criteria
1630	for certifying and decertifying certified pile burn managers
1631	based on past experience, training, and record of compliance
1632	with this section.
1633	(5)(4)  WILDFIRE HAZARD REDUCTION TREATMENT BY THE
1634	DIVISION.-The division may conduct fuel reduction initiatives,
1635	including, but not limited to, burning and mechanical and
1636	chemical treatment, on any area of wild land within the state
1637	which is reasonably determined to be in danger of wildfire in
1638	accordance with the following procedures:
1639	(a)  Describe the areas that will receive fuels treatment
1640	to the affected local governmental entity.
1641	(b)  Publish a treatment notice, including a description of
1642	the area to be treated, in a conspicuous manner in at least one
1643	newspaper of general circulation in the area of the treatment
1644	not less than 10 days before the treatment.
1645	(c)  Prepare, and send the county tax collector shall
1646	include with the annual tax statement, a notice to be sent to
1647	all landowners in each area township designated by the division
1648	as a wildfire hazard area. The notice must describe particularly
1649	the area to be treated and the tentative date or dates of the
1650	treatment and must list the reasons for and the expected
1651	benefits from the wildfire hazard reduction.
1652	(d)  Consider any landowner objections to the fuels
1653	treatment of his or her property. The landowner may apply to the
1654	director of the division for a review of alternative methods of
1655	fuel reduction on the property. If the director or his or her
1656	designee does not resolve the landowner objection, the director
1657	shall convene a panel made up of the local forestry unit
1658	manager, the fire chief of the jurisdiction, and the affected
1659	county or city manager, or any of their designees. If the
1660	panel's recommendation is not acceptable to the landowner, the
1661	landowner may request further consideration by the Commissioner
1662	of Agriculture or his or her designee and shall thereafter be
1663	entitled to an administrative hearing pursuant to the provisions
1664	of chapter 120.
1665	(6)  DIVISION APPROVAL OF LOCAL GOVERNMENT OPEN BURNING
1666	AUTHORIZATION PROGRAMS.-
1667	(a)  A county or municipality may exercise the division's
1668	authority, if delegated by the division under this subsection,
1669	to issue authorizations for the burning of yard trash or debris
1670	from land-clearing operations. A county's or municipality's
1671	existing or proposed open burning authorization program must:
1672	1.  Be approved by the division. The division may not
1673	approve a program if it fails to meet the requirements of
1674	subsections (2) and (4) and any rules adopted under those
1675	subsections.
1676	2.  Provide by ordinance or local law the requirements for
1677	obtaining and performing a burn authorization that complies with
1678	subsections (2) and (4) and any rules adopted under those
1679	subsections.
1680	3.  Provide for the enforcement of the program's
1681	requirements.
1682	4.  Provide financial, personnel, and other resources
1683	needed to carry out the program.
1684	(b)  If the division determines that a county's or
1685	municipality's open burning authorization program does not
1686	comply with subsections (2) and (4) and any rules adopted under
1687	those subsections, the division shall require the county or
1688	municipality to take necessary corrective actions within 90 days
1689	after receiving notice from the division of its determination.
1690	1.  If the county or municipality fails to take the
1691	necessary corrective actions within the required period, the
1692	division shall resume administration of the open burning
1693	authorization program in the county or municipality and the
1694	county or municipality shall cease administration of its
1695	program.
1696	2.  Each county and municipality administering an open
1697	burning authorization program must cooperate with and assist the
1698	division in carrying out the division's powers, duties, and
1699	functions.
1700	3.  A person who violates the requirements of a county's or
1701	municipality's open burning authorization program, as provided
1702	by ordinance or local law enacted pursuant to this subsection,
1703	commits a violation of this chapter, punishable as provided in
1704	s. 590.14.
1705	(7)(5)  DUTIES OF AGENCIES.-The Department of Education
1706	shall incorporate, where feasible and appropriate, the issues of
1707	fuels treatment, including prescribed burning, into its
1708	educational materials.
1709	Section 57.  Section 590.14, Florida Statutes, is amended
1710	to read:
1711	590.14  Notice of violation; penalties; legislative
1712	intent.-
1713	(1)  If a division employee determines that a person has
1714	violated chapter 589, or this chapter, or any rule adopted by
1715	the division to administer provisions of law conferring duties
1716	upon the division, the division employee he or she may issue a
1717	notice of violation indicating the statute or rule violated.
1718	This notice will be filed with the division and a copy forwarded
1719	to the appropriate law enforcement entity for further action if
1720	necessary.
1721	(2)  In addition to any penalties provided by law, any
1722	person who causes a wildfire or permits any authorized fire to
1723	escape the boundaries of the authorization or to burn past the
1724	time of the authorization is liable for the payment of all
1725	reasonable costs and expenses incurred in suppressing the fire
1726	or $150, whichever is greater. All costs and expenses incurred
1727	by the division shall be payable to the division. When such
1728	costs and expenses are not paid within 30 days after demand, the
1729	division may take proper legal proceedings for the collection of
1730	the costs and expenses. Those costs incurred by an agency acting
1731	at the division's direction are recoverable by that agency.
1732	(3)  The department may also impose an administrative fine,
1733	not to exceed $1,000 per violation of any section of chapter 589
1734	or this chapter or violation of any rule adopted by the division
1735	to administer provisions of law conferring duties upon the
1736	division. The fine shall be based upon the degree of damage, the
1737	prior violation record of the person, and whether the person
1738	knowingly provided false information to obtain an authorization.
1739	The fines shall be deposited in the Incidental Trust Fund of the
1740	division.
1741	(4)  A person commits a misdemeanor of the second degree,
1742	punishable as provided in s. 775.082 or s. 775.083, if the
1743	person:
1744	(a)  Fails to comply with any rule or order adopted by the
1745	division to administer provisions of law conferring duties upon
1746	the division; or
1747	(b)  Knowingly makes any false statement or representation
1748	in any application, record, plan, or other document required by
1749	this chapter or any rules adopted under this chapter.
1750	(5)  It is the intent of the Legislature that a penalty
1751	imposed by a court under subsection (4) be of a severity that
1752	ensures immediate and continued compliance with this section.
1753	(6)(4)  The penalties provided in this section shall extend
1754	to both the actual violator and the person or persons, firm, or
1755	corporation causing, directing, or permitting the violation.
1756	Section 58.  Subsection (4) of section 597.005, Florida
1757	Statutes, is amended to read:
1758	597.005  Aquaculture Review Council.-
1759	(4)  EXPENSES; PER DIEM.-Members of the council shall
1760	receive expenses and per diem for travel, including attendance
1761	at meetings, as allowed state officers and employees pursuant to
1762	s. 112.061.
1763	Section 59.  Subsection (2) of section 599.002, Florida
1764	Statutes, is amended to read:
1765	599.002  Viticulture Advisory Council.-
1766	(2)  The meetings, powers and duties, procedures, and
1767	recordkeeping of the Viticulture Advisory Council, and per diem
1768	and reimbursement of expenses of council members, shall be
1769	governed by the provisions of s. 570.0705 relating to advisory
1770	committees established within the department.
1771	Section 60.  Subsection (4) is added to section 616.17,
1772	Florida Statutes, to read:
1773	616.17  Minimum exhibits.-
1774	(4)  An authority or fair association as defined in this
1775	chapter that provides any of the exhibits set forth in
1776	subsection (1) or other exhibits or concessions, whether such
1777	exhibits or concessions are provided directly or through an
1778	agreement with a third party, is not subject to criminal
1779	penalties or civil damages arising out of the personal injury or
1780	death of any person, or property damage, resulting from such
1781	exhibits or concessions. This subsection does not apply if the
1782	personal injury, death, or property damage was due to an act or
1783	omission committed by the authority or fair association in bad
1784	faith, with malicious purpose, or with wanton and willful
1785	disregard of human rights, safety, or property. This subsection
1786	does not apply to third parties providing exhibits or
1787	concessions.
1788	Section 61.  Paragraph (a) of subsection (1) and subsection
1789	(3) of section 616.252, Florida Statutes, are amended to read:
1790	616.252  Florida State Fair Authority; membership; number,
1791	terms, compensation.-
1792	(1)(a)  The authority shall be composed of 22 21 members.
1793	The Commissioner of Agriculture, or her or his designee, shall
1794	serve as a voting member. There shall also be a member who is
1795	the member of the Board of County Commissioners of Hillsborough
1796	County representing the county commission district in which the
1797	Florida State Fairgrounds is located, who shall serve as a
1798	voting member. There shall also be an appointed youth member who
1799	is an active member of the Florida Future Farmers of America or
1800	a 4-H Club, who shall serve as a nonvoting member. The
1801	Commissioner of Agriculture shall appoint each other member of
1802	the authority. Each member appointed by the Commissioner of
1803	Agriculture shall serve at the pleasure of the Commissioner of
1804	Agriculture. The term of each member appointed by the
1805	Commissioner of Agriculture shall be 4 years, but the term of
1806	the nonvoting youth member shall be for 1 year except, to
1807	provide staggered terms, 9 of the members shall be initially
1808	appointed for a 2-year term and 10 of the members shall be
1809	initially appointed for a 3-year term. Members may be appointed
1810	for more than one term. Any vacancy shall be filled for the
1811	remainder of the unexpired term pursuant to the method provided
1812	in this section for appointment. Six of the members may be from
1813	Hillsborough County. The Commissioner of Agriculture shall
1814	appoint and set the compensation of an executive director. The
1815	executive director shall serve at the pleasure of the
1816	Commissioner of Agriculture.
1817	(3)  Members of the authority are shall not be entitled to
1818	compensation for their services as members and may not, but
1819	shall be reimbursed for travel expenses. Except for the
1820	nonvoting youth member, each member as provided in s. 112.061
1821	and may be compensated for any special or full-time service
1822	performed in the authority's its behalf as officers or agents of
1823	the authority.
1824	Section 62.  Paragraph (c) of subsection (2) of section
1825	812.014, Florida Statutes, is amended to read:
1826	812.014  Theft.-
1827	(2)
1828	(c)  It is grand theft of the third degree and a felony of
1829	the third degree, punishable as provided in s. 775.082, s.
1830	775.083, or s. 775.084, if the property stolen is:
1831	1.  Valued at $300 or more, but less than $5,000.
1832	2.  Valued at $5,000 or more, but less than $10,000.
1833	3.  Valued at $10,000 or more, but less than $20,000.
1834	4.  A will, codicil, or other testamentary instrument.
1835	5.  A firearm.
1836	6.  A motor vehicle, except as provided in paragraph (a).
1837	7.  Any commercially farmed animal, including any animal of
1838	the equine, bovine, or swine class, or other grazing animal; a
1839	bee colony of a registered beekeeper;, and including aquaculture
1840	species raised at a certified aquaculture facility. If the
1841	property stolen is aquaculture species raised at a certified
1842	aquaculture facility, then a $10,000 fine shall be imposed.
1843	8.  Any fire extinguisher.
1844	9.  Any amount of citrus fruit consisting of 2,000 or more
1845	individual pieces of fruit.
1846	10.  Taken from a designated construction site identified
1847	by the posting of a sign as provided for in s. 810.09(2)(d).
1848	11.  Any stop sign.
1849	12.  Anhydrous ammonia.
1850
1851	However, if the property is stolen within a county that is
1852	subject to a state of emergency declared by the Governor under
1853	chapter 252, the property is stolen after the declaration of
1854	emergency is made, and the perpetration of the theft is
1855	facilitated by conditions arising from the emergency, the
1856	offender commits a felony of the second degree, punishable as
1857	provided in s. 775.082, s. 775.083, or s. 775.084, if the
1858	property is valued at $5,000 or more, but less than $10,000, as
1859	provided under subparagraph 2., or if the property is valued at
1860	$10,000 or more, but less than $20,000, as provided under
1861	subparagraph 3. As used in this paragraph, the term "conditions
1862	arising from the emergency" means civil unrest, power outages,
1863	curfews, voluntary or mandatory evacuations, or a reduction in
1864	the presence of or the response time for first responders or
1865	homeland security personnel. For purposes of sentencing under
1866	chapter 921, a felony offense that is reclassified under this
1867	paragraph is ranked one level above the ranking under s.
1868	921.0022 or s. 921.0023 of the offense committed.
1869	Section 63.  Paragraphs (f) and (g) of subsection (1) of
1870	section 812.015, Florida Statutes, are amended to read:
1871	812.015  Retail and farm theft; transit fare evasion;
1872	mandatory fine; alternative punishment; detention and arrest;
1873	exemption from liability for false arrest; resisting arrest;
1874	penalties.-
1875	(1)  As used in this section:
1876	(f)  "Farmer" means a person who is engaging in the growing
1877	or producing of farm produce, milk products, honey, eggs, or
1878	meat, either part time or full time, for personal consumption or
1879	for sale and who is the owner or lessee of the land or a person
1880	designated in writing by the owner or lessee to act as her or
1881	his agent. No person defined as a farm labor contractor pursuant
1882	to s. 450.28 shall be designated to act as an agent for purposes
1883	of this section.
1884	(g)  "Farm theft" means the unlawful taking possession of
1885	any items that are grown or produced on land owned, rented, or
1886	leased by another person. The term includes the unlawful taking
1887	possession of equipment and associated materials used to grow or
1888	produce farm products as defined in s. 823.14(3)(c).
1889	Section 64.  (1)  The Division of Forestry of the
1890	Department of Agriculture and Consumer Services is renamed the
1891	"Florida Forest Service."
1892	(2)  The Legislature recognizes that there is a need to
1893	conform the Florida Statutes to the organizational changes in
1894	this act and that there may be a need to resolve apparent
1895	conflicts with any other legislation that has been or may be
1896	enacted during the 2011 Regular Session or an extension thereof.
1897	Therefore, in the interim between this act becoming a law and
1898	the 2012 Regular Session of the Legislature or an earlier
1899	special session addressing this issue, the Division of Statutory
1900	Revision shall provide the relevant substantive committees of
1901	the Senate and the House of Representatives with assistance,
1902	upon request, to enable such committees to prepare draft
1903	legislation to conform the Florida Statutes and any legislation
1904	enacted during 2011 to the provisions of this act.
1905	Section 65.  Paragraph (h) of subsection (2) of section
1906	20.14, Florida Statutes, is amended to read:
1907	20.14  Department of Agriculture and Consumer Services.-
1908	There is created a Department of Agriculture and Consumer
1909	Services.
1910	(2)  The following divisions of the Department of
1911	Agriculture and Consumer Services are established:
1912	(h)  Florida Forest Service Forestry.
1913	Section 66.  Subsections (4) and (11) of section 261.03,
1914	Florida Statutes, are amended to read:
1915	261.03  Definitions.-As used in this chapter, the term:
1916	(4)  "Division" means the Florida Forest Service Division
1917	of Forestry of the Department of Agriculture and Consumer
1918	Services.
1919	(11)  "Trust fund" means the Incidental Trust Fund of the
1920	Florida Forest Service Division of Forestry of the Department of
1921	Agriculture and Consumer Services.
1922	Section 67.  Subsection (8) of section 570.29, Florida
1923	Statutes, is amended to read:
1924	570.29  Departmental divisions.-The department shall
1925	include the following divisions:
1926	(8)  Florida Forest Service Forestry.
1927	Section 68.  Section 570.548, Florida Statutes, is amended
1928	to read:
1929	570.548  Florida Forest Service Division of Forestry;
1930	powers and duties.-The duties of the Florida Forest Service
1931	Division of Forestry include, but are not limited to,
1932	administering and enforcing those powers and responsibilities of
1933	the Florida Forest Service division prescribed in chapters 589,
1934	590, and 591 and the rules adopted under those chapters pursuant
1935	thereto and in other forest fire, forest protection, and forest
1936	management laws of this state.
1937	Section 69.  Section 570.549, Florida Statutes, is amended
1938	to read:
1939	570.549  Director; duties.-
1940	(1)  The director of the Florida Forest Service Division of
1941	Forestry shall be appointed by the commissioner and shall serve
1942	at the commissioner's pleasure.
1943	(2)  It shall be the duty of The director shall of this
1944	division to direct and supervise the overall operation of the
1945	Florida Forest Service division and to exercise such other
1946	powers and duties as authorized by the department.
1947	Section 70.  Subsection (1) of section 570.903, Florida
1948	Statutes, is amended to read:
1949	570.903  Direct-support organization.-
1950	(1)  When the Legislature authorizes the establishment of a
1951	direct-support organization to provide assistance for the
1952	museums, the Florida Agriculture in the Classroom Program, the
1953	Florida State Collection of Arthropods, the Friends of the
1954	Florida State Forests Program of the Florida Forest Service
1955	Division of Forestry, and the Forestry Arson Alert Program, and
1956	other programs of the department, the following provisions shall
1957	govern the creation, use, powers, and duties of the direct-
1958	support organization:.
1959	(a)  The department shall enter into a memorandum or letter
1960	of agreement with the direct-support organization, which shall
1961	specify the approval of the department, the powers and duties of
1962	the direct-support organization, and rules with which the
1963	direct-support organization must shall comply.
1964	(b)  The department may permit, without charge, appropriate
1965	use of property, facilities, and personnel of the department by
1966	a direct-support organization, subject to the provisions of ss.
1967	570.902 and 570.903. The use shall be directly in keeping with
1968	the approved purposes of the direct-support organization and may
1969	shall not be made at times or places that would unreasonably
1970	interfere with opportunities for the general public to use
1971	department facilities for established purposes.
1972	(c)  The department shall prescribe by contract or by rule
1973	conditions with which a direct-support organization must shall
1974	comply in order to use property, facilities, or personnel of the
1975	department or museum. Such rules shall provide for budget and
1976	audit review and oversight by the department.
1977	(d)  The department may shall not permit the use of
1978	property, facilities, or personnel of the museum, department, or
1979	designated program by a direct-support organization that which
1980	does not provide equal employment opportunities to all persons
1981	regardless of race, color, religion, sex, age, or national
1982	origin.
1983	Section 71.  Subsection (1) of section 590.015, Florida
1984	Statutes, is amended to read:
1985	590.015  Definitions.-As used in this chapter, the term:
1986	(1)  "Division" means the Florida Forest Service Division
1987	of Forestry of the Department of Agriculture and Consumer
1988	Services.
1989	Section 72.  The sum of $744,000 in nonrecurring funds is
1990	appropriated to the Department of Agriculture and Consumer
1991	Services from the Florida Forever Trust Fund for the 2011-2012
1992	fiscal year in the Fixed Capital Outlay-Agency Managed-Land
1993	Management appropriation category pursuant to s. 259.105(3)(f),
1994	Florida Statutes.
1995	Section 73.  This act shall take effect July 1, 2011.

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