Florida Senate - 2012                                    SB 1254
       
       
       
       By Senator Siplin
       
       
       
       
       19-01595-12                                           20121254__
    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.;
    4         establishing the Division of Food, Nutrition, and
    5         Wellness within the department; amending s. 253.002,
    6         F.S.; requiring the department to perform certain
    7         staff duties and functions for the Board of Trustees
    8         of the Internal Improvement Trust Fund related to
    9         conservation easements; amending s. 379.2523, F.S.;
   10         deleting references to the Aquaculture Interagency
   11         Coordinating Council to conform to the repeal by the
   12         act of provisions creating the council; amending s.
   13         379.2524, F.S.; deleting provisions that prohibit
   14         compensation and authorize per diem and travel
   15         expenses for members of the Sturgeon Production
   16         Working Group; amending s. 388.161, F.S.; revising the
   17         substances that mosquito control districts are
   18         authorized to use for controlling mosquito breeding;
   19         amending s. 388.201, F.S.; revising the date by which
   20         mosquito control districts must submit their certified
   21         budgets for approval by the department; amending s.
   22         388.323, F.S.; revising procedures for a county’s or
   23         mosquito control district’s disposal of certain
   24         surplus equipment; repealing s. 388.42, F.S., relating
   25         to the John A. Mulrennan, Sr., Arthropod Research
   26         Laboratory; amending s. 388.46, F.S.; revising the
   27         membership and responsibilities of the Florida
   28         Coordinating Council on Mosquito Control; revising the
   29         duties of the council’s Subcommittee on Managed
   30         Marshes; amending s. 493.6104, F.S.; deleting
   31         provisions that prohibit compensation and authorize
   32         per diem and travel expenses for members of the
   33         Private Investigation, Recovery, and Security Advisory
   34         Council; amending s. 500.09, F.S.; authorizing the
   35         department to adopt rules incorporating by reference
   36         the federal model Food Code; amending ss. 500.147 and
   37         502.014, F.S.; deleting provisions for a food safety
   38         pilot program and a permitting program for persons who
   39         test milk or milk products; amending s. 502.053, F.S.;
   40         deleting requirements for milkfat tester licenses;
   41         amending s. 570.07, F.S.; authorizing the department
   42         to accept and distribute funds to individuals under
   43         certain circumstances; amending s. 570.0705, F.S.;
   44         prohibiting members of certain advisory bodies from
   45         receiving per diem or travel expenses except under
   46         certain circumstances; deleting a provision that
   47         prohibits members from receiving compensation for
   48         their services; repealing s. 570.071, F.S., relating
   49         to the Florida Agricultural Exposition and the receipt
   50         and expenditure of funds for the exposition; amending
   51         s. 570.074, F.S.; renaming and revising the policy
   52         jurisdiction of the department’s Office of Energy and
   53         Water; amending s. 570.18, F.S.; conforming cross
   54         references; repealing s. 570.29, F.S., relating to
   55         divisions of the Department of Agriculture and
   56         Consumer Services; repealing s. 570.34, F.S., relating
   57         to the Plant Industry Technical Council; creating s.
   58         570.451, F.S.; creating the Agricultural Feed, Seed,
   59         and Fertilizer Advisory Council; providing for the
   60         council’s powers and duties and the appointment of
   61         council members; amending ss. 570.53 and 570.54, F.S.;
   62         conforming cross-references; amending s. 573.112,
   63         F.S.; providing that members of the Citrus Research
   64         and Development Foundation’s board of directors are
   65         entitled to reimbursement for per diem and travel
   66         expenses; amending s. 573.118, F.S.; revising
   67         requirements for the accounting and review of
   68         collections and expenditures from agricultural
   69         commodity marketing order assessments; deleting
   70         requirements for the audit of such accounts; amending
   71         s. 576.045, F.S.; revising the expiration dates of
   72         certain provisions regulating fertilizers containing
   73         nitrogen or phosphorous; amending s. 576.071, F.S.;
   74         deleting a reference to the Fertilizer Technical
   75         Council to conform to the repeal by the act of
   76         provisions creating the council; repealing ss. 576.091
   77         and 578.30, F.S., relating to the Fertilizer Technical
   78         Council and Seed Technical Council; amending s.
   79         580.041, F.S.; revising the reporting requirements and
   80         penalties for violations by distributors of commercial
   81         feed; amending s. 580.131, F.S.; revising requirements
   82         for the assessment of penalties and enforcement of
   83         violations by manufacturers and distributors of
   84         commercial feed or feedstuff; authorizing the
   85         department to assess penalties; requiring registered
   86         distributors of commercial feed to pay such penalties
   87         to consumers within a specified period; imposing
   88         additional penalties for nonpayment; providing for the
   89         deposit and use of certain funds paid to the
   90         department; repealing s. 580.151, F.S., relating to
   91         the Commercial Feed Technical Council; amending s.
   92         581.011, F.S.; conforming provisions; amending s.
   93         581.145, F.S.; revising requirements for the issuance
   94         of permits to aquaculture producers for the transport
   95         and sale of water hyacinths to other states and
   96         countries; amending s. 582.06, F.S.; revising
   97         requirements for the composition and appointment of
   98         members of the Soil and Water Conservation Council and
   99         the reimbursement of members for per diem and travel
  100         expenses; amending ss. 582.20 and 582.29, F.S.;
  101         revising the geographic jurisdiction of soil and water
  102         conservation districts to include certain territory
  103         outside of the districts’ boundaries; amending s.
  104         582.30, F.S.; revising requirements and procedures for
  105         the dissolution or discontinuance of soil and water
  106         conservation districts; revising notice requirements
  107         for such proposed dissolution or discontinuance;
  108         amending s. 582.31, F.S.; revising requirements for
  109         payment of the proceeds from the sale of property of a
  110         dissolving soil and water conservation district to the
  111         State Treasury; repealing s. 585.155, F.S., relating
  112         to the inspection and vaccination of cattle for
  113         brucellosis; repealing s. 589.03, F.S., relating to
  114         the compensation and reimbursement for per diem and
  115         travel expenses of members of the Florida Forestry
  116         Council; amending s. 589.19, F.S.; renaming the
  117         “Wounded Warrior Special Hunt Areas” of the state
  118         forests; conforming obsolete references to the former
  119         Division of Forestry; amending s. 589.277, F.S.;
  120         revising requirements for the deposit of contributions
  121         for tree planting programs; conforming obsolete
  122         references to the former Division of Forestry;
  123         amending s. 590.02, F.S.; specifying that state and
  124         local government agencies other than the Florida
  125         Forest Service may not enforce regulations of
  126         broadcast burning or agricultural and silvicultural
  127         pile burning except under certain circumstances;
  128         conforming obsolete references to the former Division
  129         of Forestry; amending ss. 597.0021 and 597.003, F.S.;
  130         deleting references to the Aquaculture Interagency
  131         Coordinating Council to conform to the repeal by the
  132         act of provisions creating the council; amending s.
  133         597.004, F.S.; authorizing the waiver of aquaculture
  134         registration fees for certain schools; amending s.
  135         597.005, F.S.; revising the composition of the
  136         Aquaculture Review Council to conform to the repeal by
  137         the act of provisions creating the Aquaculture
  138         Interagency Coordinating Council; revising the
  139         legislative committees to whom the Aquaculture Review
  140         Council must provide analyses of unresolved industry
  141         issues; repealing s. 597.006, F.S., relating to the
  142         Aquaculture Interagency Coordinating Council; amending
  143         s. 616.252, F.S.; providing for the reimbursement of
  144         members of the Florida State Fair Authority for per
  145         diem and travel expenses; providing an effective date.
  146  
  147  Be It Enacted by the Legislature of the State of Florida:
  148  
  149         Section 1. Paragraph (m) is added to subsection (2) of
  150  section 20.14, Florida Statutes, to read:
  151         20.14 Department of Agriculture and Consumer Services.
  152  There is created a Department of Agriculture and Consumer
  153  Services.
  154         (2) The following divisions of the Department of
  155  Agriculture and Consumer Services are established:
  156         (m) Food, Nutrition, and Wellness.
  157         Section 2. Subsection (1) of section 253.002, Florida
  158  Statutes, is amended to read:
  159         253.002 Department of Environmental Protection, water
  160  management districts, Fish and Wildlife Conservation Commission,
  161  and Department of Agriculture and Consumer Services; duties with
  162  respect to state lands.—
  163         (1) The Department of Environmental Protection shall
  164  perform all staff duties and functions related to the
  165  acquisition, administration, and disposition of state lands,
  166  title to which is or will be vested in the Board of Trustees of
  167  the Internal Improvement Trust Fund. However, upon the effective
  168  date of rules adopted pursuant to s. 373.427, a water management
  169  district created under s. 373.069 shall perform the staff duties
  170  and functions related to the review of any application for
  171  authorization to use board of trustees-owned submerged lands
  172  necessary for an activity regulated under part IV of chapter 373
  173  for which the water management district has permitting
  174  responsibility as set forth in an operating agreement adopted
  175  pursuant to s. 373.046(4).; and The Department of Agriculture
  176  and Consumer Services shall perform the staff duties and
  177  functions related to the review of applications and compliance
  178  with conditions for use of board of trustees-owned submerged
  179  lands under authorizations or leases issued pursuant to ss.
  180  253.67-253.75 and 597.010 and the acquisition, administration,
  181  and disposition of conservation easements pursuant to s. 570.71.
  182  Unless expressly prohibited by law, the board of trustees may
  183  delegate to the department any statutory duty or obligation
  184  relating to the acquisition, administration, or disposition of
  185  lands, title to which is or will be vested in the board of
  186  trustees. The board of trustees may also delegate to any water
  187  management district created under s. 373.069 the authority to
  188  take final agency action, without any action on behalf of the
  189  board, on applications for authorization to use board of
  190  trustees-owned submerged lands for any activity regulated under
  191  part IV of chapter 373 for which the water management district
  192  has permitting responsibility as set forth in an operating
  193  agreement adopted pursuant to s. 373.046(4). This water
  194  management district responsibility under this subsection shall
  195  be subject to the department’s general supervisory authority
  196  pursuant to s. 373.026(7). The board of trustees may also
  197  delegate to the Department of Agriculture and Consumer Services
  198  the authority to take final agency action on behalf of the board
  199  on applications to use board of trustees-owned submerged lands
  200  for any activity for which that department has responsibility
  201  pursuant to ss. 253.67-253.75, 369.25, 369.251, and 597.010.
  202  However, the board of trustees shall retain the authority to
  203  take final agency action on establishing any areas for leasing,
  204  new leases, expanding existing lease areas, or changing the type
  205  of lease activity in existing leases. Upon issuance of an
  206  aquaculture lease or other real property transaction relating to
  207  aquaculture, the Department of Agriculture and Consumer Services
  208  must send a copy of the document and the accompanying survey to
  209  the Department of Environmental Protection. The board of
  210  trustees may also delegate to the Fish and Wildlife Conservation
  211  Commission the authority to take final agency action, without
  212  any action on behalf of the board, on applications for
  213  authorization to use board of trustees-owned submerged lands for
  214  any activity regulated under ss. 369.20 and 369.22.
  215         Section 3. Paragraph (a) of subsection (5) and paragraph
  216  (b) of subsection (6) of section 379.2523, Florida Statutes, are
  217  amended to read:
  218         379.2523 Aquaculture definitions; marine aquaculture
  219  products, producers, and facilities.—
  220         (5) The department shall:
  221         (a) Coordinate with the Aquaculture Review Council, the
  222  Aquaculture Interagency Coordinating Council, and the Department
  223  of Agriculture and Consumer Services when developing criteria
  224  for aquaculture general permits.
  225         (6) The Fish and Wildlife Conservation Commission shall
  226  encourage the development of aquaculture in the state through
  227  the following:
  228         (b) Facilitating aquaculture research on life histories,
  229  stock enhancement, and alternative species, and providing
  230  research results that would assist in the evaluation,
  231  development, and commercial production of candidate species for
  232  aquaculture, including:
  233         1. Providing eggs, larvae, fry, and fingerlings to
  234  aquaculturists when excess cultured stocks are available from
  235  the commission’s facilities and the culture activities are
  236  consistent with the commission’s stock enhancement projects.
  237  Such stocks may be obtained by reimbursing the commission for
  238  the cost of production on a per-unit basis. Revenues resulting
  239  from the sale of stocks shall be deposited into the trust fund
  240  used to support the production of such stocks.
  241         2. Conducting research programs to evaluate candidate
  242  species when funding and staff are available.
  243         3. Encouraging the private production of marine fish and
  244  shellfish stocks for the purpose of providing such stocks for
  245  statewide stock enhancement programs. When such stocks become
  246  available, the commission shall reduce or eliminate duplicative
  247  production practices that would result in direct competition
  248  with private commercial producers.
  249         4. Developing a working group, in cooperation with the
  250  Department of Agriculture and Consumer Services and, the
  251  Aquaculture Review Council, and the Aquaculture Interagency
  252  Coordinating Council, to plan and facilitate the development of
  253  private marine fish and nonfish hatcheries and to encourage
  254  private/public partnerships to promote the production of marine
  255  aquaculture products.
  256         Section 4. Paragraph (c) of subsection (3) of section
  257  379.2524, Florida Statutes, is amended to read:
  258         379.2524 Commercial production of sturgeon.—
  259         (3) MEETINGS; PROCEDURES; RECORDS.—The working group shall
  260  meet at least twice a year and elect, by a quorum, a chair and
  261  vice chair.
  262         (c) A quorum shall consist of a majority of the group
  263  members. Members of the group shall not receive compensation,
  264  but shall be entitled to per diem and travel expenses, including
  265  attendance at meetings, as allowed public officers and employees
  266  pursuant to s. 112.061.
  267         Section 5. Subsection (1) of section 388.161, Florida
  268  Statutes, is amended to read:
  269         388.161 District boards of commissioners; powers and
  270  duties.—
  271         (1) The board of commissioners may do any and all things
  272  necessary for the control and elimination of all species of
  273  mosquitoes and other arthropods of public health importance and
  274  the board of commissioners is specifically authorized to provide
  275  for the construction and maintenance of canals, ditches, drains,
  276  dikes, fills, and other necessary works and to install and
  277  maintain pumps, excavators, and other machinery and equipment,
  278  to use pesticides registered oil, larvicide paris green, or any
  279  other chemicals approved by the department but only in such
  280  quantities as may be necessary to control mosquito breeding and
  281  not be detrimental to fish life.
  282         Section 6. Subsection (4) of section 388.201, Florida
  283  Statutes, is amended to read:
  284         388.201 District budgets; hearing.—
  285         (4) The governing board:
  286         (a) Shall consider give consideration to objections filed
  287  against adoption of the tentative detailed work plan budget and
  288  in its discretion may amend, modify, or change such budget; and
  289         (b) Shall by September 30 15 following adopt and execute on
  290  a form furnished by the department a certified budget for the
  291  district which shall be the operating and fiscal guide for the
  292  district. Certified copies of this budget shall be submitted by
  293  September 30 15 to the department for approval.
  294         Section 7. Subsections (1) and (2) of section 388.323,
  295  Florida Statutes, are amended to read:
  296         388.323 Disposal of surplus property.—Surplus property
  297  shall be disposed of according to the provisions set forth in s.
  298  274.05 with the following exceptions:
  299         (1) Serviceable equipment no longer needed by a county or
  300  district shall first be offered to any or all other counties or
  301  districts engaged in arthropod control at a price established by
  302  the board of commissioners owning the equipment. If no
  303  acceptable offer is received within a reasonable time, the
  304  equipment shall be offered to such other governmental units or
  305  private nonprofit agencies as provided in s. 274.05.
  306         (2) The alternative procedure for disposal of surplus
  307  property, as prescribed in s. 274.06, shall be followed if it is
  308  has been determined that no other county or, district engaged in
  309  arthropod control, governmental unit, or private nonprofit
  310  agency has need for the equipment.
  311         Section 8. Section 388.42, Florida Statutes, is repealed.
  312         Section 9. Subsection (2) of section 388.46, Florida
  313  Statutes, is amended to read:
  314         388.46 Florida Coordinating Council on Mosquito Control;
  315  establishment; membership; organization; responsibilities.—
  316         (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
  317         (a) Membership.—The Florida Coordinating Council on
  318  Mosquito Control shall be comprised of the following
  319  representatives or their authorized designees:
  320         1. The Secretary of Environmental Protection. and
  321         2. The State Surgeon General.;
  322         3.2. The executive director of the Fish and Wildlife
  323  Conservation Commission.;
  324         4.3. The state epidemiologist.;
  325         5.4. The Commissioner of Agriculture.; and
  326         6. The Board of Trustees of the Internal Improvement Trust
  327  Fund.
  328         7.5. Representatives from:
  329         a. The University of Florida, Institute of Food and
  330  Agricultural Sciences, Florida Medical Entomological Research
  331  Laboratory.;
  332         b. Florida Agricultural and Mechanical University;
  333         b.c. The United States Environmental Protection Agency.;
  334         c.d. The United States Department of Agriculture, Insects
  335  Affecting Man Laboratory.;
  336         d.e. The United States Fish and Wildlife Service.;
  337         8.f. Two mosquito control directors to be nominated by the
  338  Florida Mosquito Control Association, two representatives of
  339  Florida environmental groups, and two private citizens who are
  340  property owners whose lands are regularly subject to mosquito
  341  control operations, to be appointed to 4-year terms by the
  342  Commissioner of Agriculture; and
  343         g. The Board of Trustees of the Internal Improvement Trust
  344  Fund.
  345         (b) Organization.—The council shall be chaired by the
  346  Commissioner of Agriculture or the commissioner’s authorized
  347  designee. A majority of the membership of the council shall
  348  constitute a quorum for the conduct of business. The chair shall
  349  be responsible for recording and distributing to the members a
  350  summary of the proceedings of all council meetings. The council
  351  shall meet at least three times each year, or as needed. The
  352  council may designate subcommittees from time to time to assist
  353  in carrying out its responsibilities, provided that the
  354  Subcommittee on Managed Marshes shall be the first subcommittee
  355  appointed by the council. The subcommittee shall continue to
  356  provide technical assistance and guidance on saltmarsh mosquito
  357  impoundment management plans and develop and review research
  358  proposals, taking into account the mosquito control source
  359  reduction implications and natural resource interests in these
  360  habitats for mosquito source reduction techniques.
  361         (c) Responsibilities.—The council shall:
  362         1. Develop and implement guidelines to assist the
  363  department in resolving disputes arising over the control of
  364  arthropods on publicly owned lands.
  365         2. Identify and recommend to Florida Agricultural and
  366  Mechanical University research priorities for arthropod control
  367  practices and technologies.
  368         2.3. Develop and recommend to the department a request for
  369  proposal process for arthropod control research.
  370         3.4. Identify potential funding sources for research or
  371  implementation projects and evaluate and prioritize proposals
  372  upon request by the funding source.
  373         4.5. Prepare and present reports, as needed, on arthropod
  374  control activities in the state to the Pesticide Review Council,
  375  the Florida Coastal Management Program Interagency Management
  376  Committee, and other governmental organizations, as appropriate.
  377         Section 10. Subsections (7) and (8) of section 493.6104,
  378  Florida Statutes, are renumbered as subsections (6) and (7),
  379  respectively, and present subsection (6) of that section is
  380  amended to read:
  381         493.6104 Advisory council.—
  382         (6) Council members shall serve without pay; however, state
  383  per diem and travel allowances may be claimed for attendance at
  384  officially called meetings as provided by s. 112.061.
  385         Section 11. Subsection (3) of section 500.09, Florida
  386  Statutes, is amended to read:
  387         500.09 Rulemaking; analytical work.—
  388         (3) The department may adopt rules necessary for the
  389  efficient enforcement of this chapter. Such rules must be
  390  consistent with those adopted under the federal act in regard to
  391  food and, to this end, may adopt by reference those rules and
  392  the current edition of the model Food Code issued by the Food
  393  and Drug Administration and Public Health Service of the United
  394  States Department of Health and Human Services, when applicable
  395  and practicable.
  396         Section 12. Subsection (6) of section 500.147, Florida
  397  Statutes, is amended to read:
  398         500.147 Inspection of food establishments and vehicles;
  399  food safety pilot program.—
  400         (6) The department is authorized to initiate a food safety
  401  pilot program establishing a special, documented food inspection
  402  program based on sound science principles of the Hazard Analysis
  403  Critical Control Point (HACCP) system and involving cooperative
  404  compliance efforts of both the department and the food
  405  establishment to assure consumers a safe, wholesome, and
  406  properly labeled food supply. A food establishment shall be
  407  eligible for such a pilot program only if program criteria are
  408  met. Criteria used to establish this special program include,
  409  but are not limited to, the following:
  410         (a) A good inspection history over a specified time period.
  411         (b) Certified food manager activities demonstrated to be
  412  effective in assessing food safety practices and correcting
  413  deficiencies at the food establishment.
  414         (c) An active food training program in place for employees.
  415         (d) “Self inspection” records of the food establishment
  416  made available for review by the department.
  417         (e) Written sanitation standard operation procedures in
  418  place and the food establishment’s verification records made
  419  available for review by the department.
  420         (f) Freezer/refrigeration units and hot-cold temperature
  421  logs or recording charts made available for review by the
  422  department.
  423         (g) Records of corrective action to resolve food safety
  424  deficiencies made available for review by the department.
  425         Section 13. Subsections (4) through (7) of section 502.014,
  426  Florida Statutes, are renumbered as subsections (3) through (6),
  427  respectively, and present subsection (3) of that section is
  428  amended to read:
  429         502.014 Powers and duties.—
  430         (3) The department shall manage a program to issue permits
  431  to persons who test milk or milk products for milkfat content by
  432  weight, volume, chemical, electronic, or other means when the
  433  result of such test is used as a basis for payment for the milk
  434  or milk products.
  435         Section 14. Subsections (1) and (2) and paragraphs (a) and
  436  (e) of subsection (3) of section 502.053, Florida Statutes, are
  437  amended to read:
  438         502.053 Permits and licenses; fees; requirements;
  439  exemptions; temporary permits.—
  440         (1) PERMITS AND LICENSES.—
  441         (a) Each Grade “A” milk plant, whether located in the state
  442  or outside the state, and each manufacturing milk plant, milk
  443  producer, milk hauler, milk hauling service, washing station
  444  operator, milk plant operator, milk distributor, single-service
  445  container manufacturer, receiving station, and transfer station
  446  in the state shall apply to the department for a permit to
  447  operate. The application shall be on forms developed by the
  448  department.
  449         (b) Each frozen dessert plant, whether located in the state
  450  or outside the state, that manufactures frozen desserts or other
  451  products defined in this chapter and offers these products for
  452  sale in this state must apply to the department for a permit to
  453  operate. The application must be submitted on forms prescribed
  454  by the department. All frozen dessert permits expire on June 30
  455  of each year.
  456         (c) Any person who tests milk or milk products for milkfat
  457  content by weight, volume, chemical, electronic, or other method
  458  when the result of such test is used as a basis for payment for
  459  the milk or milk products must apply to the department for a
  460  license. To qualify for a license, the applicant must
  461  demonstrate a sufficiency of knowledge, ability, and equipment
  462  to adequately perform milkfat tests. The license shall be issued
  463  for a period of 2 years after the date of first issuance upon
  464  application to the department on forms prescribed by the
  465  department.
  466         (c)(d) Permits and licenses are nontransferable between
  467  persons or locations and are subject to suspension or revocation
  468  as provided in this chapter.
  469         (2) FEES.—
  470         (a) The initial application for a frozen dessert plant
  471  permit must be accompanied by a permit fee of $200. The annual
  472  permit renewal fee is $100.
  473         (b) The department shall charge each applicant for a
  474  milkfat tester’s license a fee not to exceed $125.
  475         (3) REQUIREMENTS.—
  476         (a) To obtain a frozen dessert plant permit or milkfat
  477  tester’s license, an applicant must satisfy all requirements
  478  that are defined by the department in rule and must agree to
  479  comply with the applicable provisions of this chapter and rules
  480  adopted under this chapter. The department shall mail a copy of
  481  the permit or license to the applicant to signify that
  482  administrative requirements have been met.
  483         (e) Each licensed milkfat tester shall keep records of
  484  milkfat tests conducted by him or her for a period of 1 year,
  485  and such records must be available for inspection by the
  486  department at all reasonable hours.
  487         Section 15. Subsection (42) of section 570.07, Florida
  488  Statutes, is renumbered as subsection (43), and a new subsection
  489  (42) is added to that section to read:
  490         570.07 Department of Agriculture and Consumer Services;
  491  functions, powers, and duties.—The department shall have and
  492  exercise the following functions, powers, and duties:
  493         (42) To accept grants or other funds to distribute to
  494  individuals when such funds are provided pursuant to an
  495  agreement.
  496         Section 16. Subsection (9) of section 570.0705, Florida
  497  Statutes, is amended to read:
  498         570.0705 Advisory committees.—From time to time the
  499  commissioner may appoint any advisory committee to assist the
  500  department with its duties and responsibilities.
  501         (9) Notwithstanding s. 20.052(4)(d), members of each
  502  advisory committee, council, board, working group, task force,
  503  or other advisory body created by law within the department or
  504  created by the department under this section may not be
  505  reimbursed for per diem or travel expenses as provided in s.
  506  112.061 shall receive no compensation for their services.
  507         Section 17. Section 570.071, Florida Statutes, is repealed.
  508         Section 18. Section 570.074, Florida Statutes, is amended
  509  to read:
  510         570.074 Department of Agriculture and Consumer Services;
  511  energy and water policy.—The commissioner may create an Office
  512  of Agricultural Energy and Water Policy under the supervision of
  513  a senior manager exempt under s. 110.205 in the Senior
  514  Management Service. The commissioner may designate the bureaus
  515  and positions in the various organizational divisions of the
  516  department that report to this office relating to any matter
  517  over which the department has jurisdiction in matters relating
  518  to energy and water policy affecting agriculture, application of
  519  such policies, and coordination of such matters with state and
  520  federal agencies.
  521         Section 19. Section 570.18, Florida Statutes, is amended to
  522  read:
  523         570.18 Organization of departmental work.—In the assignment
  524  of functions to the divisions of the department created in s.
  525  20.14 570.29, the department shall retain within the Division of
  526  Administration, in addition to executive functions, those powers
  527  and duties enumerated in s. 570.30. The department shall
  528  organize the work of the other divisions in such a way as to
  529  secure maximum efficiency in the conduct of the department. The
  530  divisions created in s. 20.14 570.29 are solely to make possible
  531  the definite placing of responsibility. The department shall be
  532  conducted as a unit in which every employee, including each
  533  division director, is assigned a definite workload, and there
  534  shall exist between division directors a spirit of cooperative
  535  effort to accomplish the work of the department.
  536         Section 20. Section 570.29, Florida Statutes, is repealed.
  537         Section 21. Section 570.34, Florida Statutes, is repealed.
  538         Section 22. Section 570.451, Florida Statutes, is created
  539  to read:
  540         570.451 Agricultural Feed, Seed, and Fertilizer Advisory
  541  Council.—
  542         (1) The Agricultural Feed, Seed, and Fertilizer Advisory
  543  Council is created within the department.
  544         (2) The council is composed of the following 15 members
  545  appointed by the commissioner:
  546         (a) One representative of the department.
  547         (b) One representative of the dean for extension of the
  548  Institute of Food and Agricultural Sciences at the University of
  549  Florida.
  550         (c) One representative each from the state’s beef cattle,
  551  poultry, aquaculture, field crops, citrus, vegetable, and dairy
  552  production industries.
  553         (d) Two representatives each from the state’s fertilizer,
  554  seed, and commercial feed industries.
  555  
  556  Each member shall be appointed for a term of not to exceed 4
  557  years and shall serve until his or her successor is appointed.
  558         (3)(a) A majority of the council members constitutes a
  559  quorum for all purposes, and an act by a majority of such quorum
  560  at any meeting constitutes an official act of the council. The
  561  secretary shall keep a complete record of each meeting, which
  562  must show the names of members present and the actions taken.
  563  Such records must be kept on file with the department.
  564         (b) Members of the council shall meet and organize by
  565  electing a chair, a vice chair, and a secretary whose terms
  566  shall be for 2 years each. Council officers may not serve
  567  consecutive terms.
  568         (c) The council shall meet at the call of its chair, at the
  569  request of a majority of its members, at the request of the
  570  department, or at such time as an agricultural or environmental
  571  emergency arises, but not less than twice per year.
  572         (d) The meetings, powers and duties, procedures, and
  573  recordkeeping of the council shall be in accordance with the
  574  provisions of s. 570.0705 relating to advisory committees
  575  established within the department.
  576         (4) The council shall:
  577         (a) Receive reports of relevant enforcement activity
  578  conducted by the Division of Agricultural Environmental
  579  Services, including the number of inspections, the number of
  580  administrative actions, the number of complaints received and
  581  investigated, and the dispositions of complaints.
  582         (b) Provide advice to the department on the conduct of
  583  relevant enforcement activities.
  584         (c) Receive reports on disciplinary actions.
  585         (d) Make recommendations to the commissioner for actions to
  586  be taken with respect to the regulation of agricultural feed,
  587  seed, and fertilizer.
  588         Section 23. Paragraph (e) of subsection (6) of section
  589  570.53, Florida Statutes, is amended to read:
  590         570.53 Division of Marketing and Development; powers and
  591  duties.—The powers and duties of the Division of Marketing and
  592  Development include, but are not limited to:
  593         (6)
  594         (e) Extending in every practicable way the distribution and
  595  sale of Florida agricultural products throughout the markets of
  596  the world as required of the department by s. ss. 570.07(7),
  597  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
  598         Section 24. Subsection (2) of section 570.54, Florida
  599  Statutes, is amended to read:
  600         570.54 Director; duties.—
  601         (2) It shall be the duty of the director of this division
  602  to supervise, direct, and coordinate the activities authorized
  603  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
  604  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
  605  chapters 504, 571, 573, and 574 and to exercise other powers and
  606  authority as authorized by the department.
  607         Section 25. Subsection (7) of section 573.112, Florida
  608  Statutes, is amended to read:
  609         573.112 Advisory council.—
  610         (7) Notwithstanding any provision of this section, the
  611  Citrus Research and Development Foundation, Inc., a direct
  612  support organization of the University of Florida established
  613  pursuant to s. 1004.28, shall serve as the advisory council for
  614  a citrus research marketing order, provide the department with
  615  advice on administering the order, and, in accordance with the
  616  order, conduct citrus research and perform other duties assigned
  617  by the department. Notwithstanding s. 1004.28(3) or any
  618  provision of this section, the foundation’s board of directors
  619  shall be composed of 13 members, including 10 citrus growers, 2
  620  representatives of the university’s Institute of Food and
  621  Agricultural Sciences, and 1 member appointed by the
  622  Commissioner of Agriculture, who are each entitled to
  623  reimbursement from the foundation for per diem and travel
  624  expenses as provided in s. 112.061.
  625         Section 26. Subsection (4) of section 573.118, Florida
  626  Statutes, is amended to read:
  627         573.118 Assessment; funds; review of accounts audit;
  628  loans.—
  629         (4) In the event of levying and collecting of assessments,
  630  for each fiscal year in which assessment funds are received by
  631  the department, the department shall maintain records of
  632  collections and expenditures for each marketing order separately
  633  within the state’s accounting system. If requested by an
  634  advisory council, department staff shall cause to be made a
  635  thorough review annual audit of the books and accounts by a
  636  certified public accountant, such review audit to be completed
  637  within 60 days after the request is received end of the fiscal
  638  year. The department and all producers and handlers covered by
  639  the marketing order shall be properly advised of the details of
  640  the review annual official audit of the account accounts as
  641  shown by the certified public accountant within 30 days after of
  642  the review audit.
  643         Section 27. Subsection (8) of section 576.045, Florida
  644  Statutes, is amended to read:
  645         576.045 Nitrogen and phosphorus; findings and intent; fees;
  646  purpose; best management practices; waiver of liability;
  647  compliance; rules; exclusions; expiration.—
  648         (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3),
  649  (4), and (6) expire on December 31, 2022 2012. Subsections (5)
  650  and (7) expire on December 31, 2027 2017.
  651         Section 28. Section 576.071, Florida Statutes, is amended
  652  to read:
  653         576.071 Commercial value.—The commercial value used in
  654  assessing penalties for any deficiency shall be determined by
  655  using annualized plant nutrient values contained in one or more
  656  generally recognized journals recommended by the Fertilizer
  657  Technical Council.
  658         Section 29. Section 576.091, Florida Statutes, is repealed.
  659         Section 30. Section 578.30, Florida Statutes, is repealed.
  660         Section 31. Paragraph (c) of subsection (1) and subsection
  661  (3) of section 580.041, Florida Statutes, are amended to read:
  662         580.041 Master registration; fee; refusal or cancellation
  663  of registration; reporting.—
  664         (1)
  665         (c) Registration shall be conditioned on the distributor’s
  666  compliance with all provisions of this chapter and rules adopted
  667  under this chapter thereof, including:
  668         1. Submitting samples of manufactured feed for testing by
  669  laboratories that have been certified by the department or
  670  obtaining an exemption from the certified laboratory testing
  671  requirement, as provided by this chapter and rules thereof.
  672         2. Maintaining a bookkeeping system and records necessary
  673  to indicate accurately the type and tonnage of commercial feeds
  674  sold in this state that will allow the department to verify the
  675  accuracy of the reported tonnage.
  676         3. Reporting within 30 days after the end of each quarter,
  677  in the format prescribed by the department, the number of tons
  678  of feed distributed in the state during each of the following
  679  reporting periods: July through September, October through
  680  December, January through March, and April through June.
  681         4.3. Allowing the department to verify the accuracy of
  682  reported type and tonnage and to otherwise examine pertinent
  683  records at reasonable times.
  684         (3) The department may refuse, suspend, or cancel the
  685  master registration of, or impose one or more of the penalties
  686  provided in s. 580.121, against any distributor or registrant
  687  who violates or fails to comply with the provisions of this
  688  chapter.
  689         Section 32. Section 580.131, Florida Statutes, is amended
  690  to read:
  691         580.131 Penalty payable to consumer.—
  692         (1) Any consumer who purchases without notice a commercial
  693  feed or feedstuff that is has been distributed in violation of
  694  this chapter or rules adopted under this chapter shall, in any
  695  legal or administrative action that may be instituted, recover
  696  penalties as follows:
  697         (a)(1) If a certified laboratory analysis shows that any
  698  feed bearing a guarantee of 20 percent protein, or less, falls
  699  more than 1 percent protein below the guarantee, or if the
  700  analysis shows that any feed bearing a guarantee of more than 20
  701  percent protein falls more than 2 percent protein below the
  702  guarantee, $4 per ton for each percent protein deficiency shall
  703  be assessed against the manufacturer or distributor.
  704         (b)(2) If a certified laboratory analysis shows that any
  705  feed is deficient in fat by more than 0.5 five-tenths percent
  706  fat, $4 per ton for each percent fat deficiency shall be
  707  assessed against the manufacturer or distributor.
  708         (c)(3) If a certified laboratory analysis shows that any
  709  feed bearing a maximum guarantee of not more than 20 percent
  710  fiber exceeds this guarantee by more than 1 percent fiber, or if
  711  the analysis shows that any feed bearing a maximum guarantee of
  712  more than 20 percent fiber exceeds this guarantee by more than 2
  713  percent fiber, $4 per ton for each percent fiber excess shall be
  714  assessed against the manufacturer or distributor.
  715         (d)(4) If a certified laboratory analysis shows that any
  716  commercial feed is deficient or excessive in the required drug,
  717  mineral, or nutritive guarantees other than protein, fat, or
  718  fiber, a penalty of $4 per ton shall be assessed against the
  719  manufacturer or distributor for each deficiency or excessive
  720  level found.
  721         (e)(5) If a certified laboratory analysis shows that any
  722  commercial feed or feedstuff is found to be adulterated as
  723  provided in s. 580.071, a penalty of $4 per ton shall be
  724  assessed against the manufacturer or distributor for each
  725  violation found.
  726         (f)(6) If any feed is found by the department to be short
  727  in weight, 4 times the invoice value of the actual shortage
  728  shall be assessed against the manufacturer or distributor, but
  729  in no instance shall the penalty be less than $25. The
  730  department by rule may establish variations for short weight.
  731         (g)(7)In no case shall Any penalty assessed under as
  732  specified in this section be less than $10, regardless of the
  733  monetary value of the violation, must be at least $10.
  734         (2)(a) Within 60 days after the department notifies a
  735  registrant in writing of any penalty assessed under this
  736  section, the registrant shall pay the penalty to the consumer.
  737  If the consumer’s identity cannot be determined, the registrant
  738  shall, within the 60-day period, pay the assessed penalty to the
  739  department.
  740         (b) A registrant who, within the 60-day period, fails to
  741  pay the full amount of the assessed penalty to the consumer or
  742  the department, as applicable, in addition to the penalty
  743  assessed under this section, is also subject to the penalties
  744  provided in s. 580.121.
  745         (c) The proceeds from any penalties paid to the department
  746  under this section shall be deposited into the department’s
  747  General Inspection Trust Fund and be used by the department for
  748  the exclusive purpose of administering this chapter.
  749         Section 33. Section 580.151, Florida Statutes, is repealed.
  750         Section 34. Subsection (30) of section 581.011, Florida
  751  Statutes, is amended to read:
  752         581.011 Definitions.—As used in this chapter:
  753         (30) “Technical council” means the Plant Industry Technical
  754  Council.
  755         Section 35. Subsection (3) of section 581.145, Florida
  756  Statutes, is amended to read:
  757         581.145 Aquatic plant nursery registration; special permit
  758  requirements.—
  759         (3) Notwithstanding any other provision of state or federal
  760  law, the Department of Agriculture and Consumer Services shall
  761  issue, by request, a permit to the aquaculture producer to
  762  engage in the business of transporting and selling exporting
  763  water hyacinths (Eichhornia spp.) only to other states or
  764  countries that permit such transportation and sale other than
  765  the United States and only when such water hyacinths are
  766  cultivated in a nursery for the sole purpose of exportation and
  767  the aquaculture activities have activity has been certified by
  768  the Department of Agriculture and Consumer Services. In
  769  accordance with any appropriate state or federal law or United
  770  States treaty, a no Florida aquaculture producer may not shall
  771  ship water hyacinths to other states or countries other than the
  772  United States under such a permit for the purpose of importing
  773  water hyacinths back into Florida the United States, nor shall
  774  drop shipments be made to any other destination within the
  775  United States. This subsection does not provision shall in no
  776  way restrict or interfere with the Department of Environmental
  777  Protection’s efforts of the Fish and Wildlife Conservation
  778  Commission, or the efforts those of any other agency or local
  779  government with responsibilities for the management of noxious
  780  aquatic plants, to control or eradicate noxious nonnursery
  781  aquatic plants, including water hyacinths. This subsection may
  782  provision shall not be considered a consideration in the
  783  approval or the release of biological control agents for water
  784  hyacinths or any other noxious aquatic plants.
  785         Section 36. Section 582.06, Florida Statutes, is amended to
  786  read:
  787         582.06 Soil and Water Conservation Council; powers and
  788  duties.—
  789         (1) COMPOSITION.—
  790         (a) The Soil and Water Conservation Council is created in
  791  the Department of Agriculture and Consumer Services and shall be
  792  composed of 7 23 members as follows:
  793         (a) Eleven members shall be persons who have been involved
  794  in the practice of soil or water conservation, or in the
  795  development or implementation of interim measures or best
  796  management practices related thereto, and who have been engaged
  797  in agriculture or an occupation related to the agricultural
  798  industry for at least 5 years at the time of their appointment.
  799         (b) Twelve members shall include one representative each
  800  from the Department of Environmental Protection, the five water
  801  management districts, the Institute of Food and Agricultural
  802  Sciences at the University of Florida, the United States
  803  Department of Agriculture Natural Resources Conservation
  804  Service, the Florida Association of Counties, and the Florida
  805  League of Cities and two representatives of environmental
  806  interests.
  807         (b)(c) All members shall be appointed by the commissioner.
  808  Members appointed pursuant to paragraph (b) shall be appointed
  809  by the commissioner from recommendations provided by the
  810  organization or interest represented.
  811         (c)(d) Members shall serve 4-year terms or until their
  812  successors are duly qualified and appointed. If a vacancy
  813  occurs, it shall be filled for the remainder of the term in the
  814  manner of an initial appointment.
  815         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  816  COMPENSATION.—The meetings, powers and duties, procedures, and
  817  recordkeeping of the Soil and Water Conservation Council, and
  818  per diem and reimbursement of expenses of council members, shall
  819  be governed by the provisions of s. 570.0705 relating to
  820  advisory committees established within the department.
  821         Section 37. Section 582.20, Florida Statutes, is amended to
  822  read:
  823         582.20 Powers of districts and supervisors.—A soil and
  824  water conservation district organized under the provisions of
  825  this chapter shall constitute a governmental subdivision of this
  826  state, and a public body corporate and politic, exercising
  827  public powers, and such district and the supervisors thereof,
  828  shall have the following powers, in addition to others granted
  829  in other sections of this chapter:
  830         (1) To conduct surveys, investigations, and research
  831  relating to the character of soil erosion and floodwater and
  832  sediment damages, to the conservation, development and
  833  utilization of soil and water resources and the disposal of
  834  water, and to the preventive and control measures and works of
  835  improvement needed; to publish the results of such surveys,
  836  investigations, or research; and to disseminate information
  837  concerning such preventive and control measures and works of
  838  improvement; provided, however, that in order to avoid
  839  duplication of research activities, no district shall initiate
  840  any research program except in cooperation with the government
  841  of this state or any of its agencies, or with the United States
  842  or any of its agencies.;
  843         (2) To conduct demonstrational projects within the
  844  district’s boundaries, territory within another district’s
  845  boundaries subject to the other district’s approval, or
  846  territory not contained within any district’s boundaries
  847  district on lands owned or controlled by this state or any of
  848  its agencies, with the cooperation of the agency administering
  849  and having jurisdiction thereof, and on any other lands within
  850  the district’s boundaries, territory within another district’s
  851  boundaries subject to the other district’s approval, or
  852  territory not contained within any district’s boundaries
  853  district upon obtaining the consent of the owner and occupiers
  854  of such lands or the necessary rights or interests in such
  855  lands, in order to demonstrate by example the means, methods,
  856  and measures by which soil and soil resources may be conserved,
  857  and soil erosion in the form of soil blowing and soil washing
  858  may be prevented and controlled, and works of improvement for
  859  flood prevention or the conservation, development and
  860  utilization of soil and water resources, and the disposal of
  861  water may be carried out.;
  862         (3) To carry out preventive and control measures and works
  863  of improvement for flood prevention or the conservation,
  864  development and utilization of soil and water resources, and the
  865  disposal of water within the district’s boundaries, territory
  866  within another district’s boundaries subject to the other
  867  district’s approval, or territory not contained within any
  868  district’s boundaries district, including, but not limited to,
  869  engineering operations, methods of cultivation, the growing of
  870  vegetation, changes in use of land, and the measures listed in
  871  s. 582.04 on lands owned or controlled by this state or any of
  872  its agencies, with the cooperation of the agency administering
  873  and having jurisdiction thereof, and on any other lands within
  874  the district’s boundaries, territory within another district’s
  875  boundaries subject to the other district’s approval, or
  876  territory not contained within any district’s boundaries
  877  district upon obtaining the consent of the owner and the
  878  occupiers of such lands or the necessary rights or interests in
  879  such lands.;
  880         (4) To cooperate, or enter into agreements with, and within
  881  the limits of appropriations duly made available to it by law,
  882  to furnish financial or other aid to, any agency, governmental
  883  or otherwise, or any owner or occupier of lands within the
  884  district’s boundaries, territory within another district’s
  885  boundaries subject to the other district’s approval, or
  886  territory not contained within any district’s boundaries
  887  district, in the carrying on of erosion control or prevention
  888  operations and works of improvement for flood prevention or the
  889  conservation, development and utilization, of soil and water
  890  resources and the disposal of water within the district’s
  891  boundaries, territory within another district’s boundaries
  892  subject to the other district’s approval, or territory not
  893  contained within any district’s boundaries district, subject to
  894  such conditions as the supervisors may deem necessary to advance
  895  the purposes of this chapter.;
  896         (5) To obtain options upon and to acquire, by purchase,
  897  exchange, lease, gift, grant, bequest, devise or otherwise, any
  898  property, real or personal, or rights or interests therein; to
  899  maintain, administer, and improve any properties acquired, to
  900  receive income from such properties and to expend such income in
  901  carrying out the purposes and provisions of this chapter; and to
  902  sell, lease, or otherwise dispose of any of its property or
  903  interests therein in furtherance of the purposes and the
  904  provisions of this chapter.;
  905         (6) To make available, on such terms as it shall prescribe,
  906  to landowners and occupiers within the district’s boundaries,
  907  territory within another district’s boundaries subject to the
  908  other district’s approval, or territory not contained within any
  909  district’s boundaries district, agricultural and engineering
  910  machinery and equipment, fertilizer, seeds and seedlings, and
  911  such other material or equipment, as will assist such landowners
  912  and occupiers to carry on operations upon their lands for the
  913  conservation of soil resources and for the prevention or control
  914  of soil erosion and for flood prevention or the conservation,
  915  development and utilization, of soil and water resources and the
  916  disposal of water.;
  917         (7) To construct, improve, operate and maintain such
  918  structures as may be necessary or convenient for the performance
  919  of any of the operations authorized in this chapter.;
  920         (8) To develop comprehensive plans for the conservation of
  921  soil and water resources and for the control and prevention of
  922  soil erosion and for flood prevention or the conservation,
  923  development and utilization of soil and water resources, and the
  924  disposal of water within the district’s boundaries, territory
  925  within another district’s boundaries subject to the other
  926  district’s approval, or territory not contained within any
  927  district’s boundaries district, which plans shall specify in
  928  such detail as may be possible the acts, procedures,
  929  performances, and avoidances which are necessary or desirable
  930  for the effectuation of such plans, including the specification
  931  of engineering operations, methods of cultivation, the growing
  932  of vegetation, cropping programs, tillage practices, and changes
  933  in use of land; control of artesian wells; and to publish such
  934  plans and information and bring them to the attention of owners
  935  and occupiers of lands within the district’s boundaries,
  936  territory within another district’s boundaries subject to the
  937  other district’s approval, or territory not contained within any
  938  district’s boundaries. district;
  939         (9) To take over, by purchase, lease, or otherwise, and to
  940  administer any soil-conservation, erosion-control, erosion
  941  prevention project, or any project for flood-prevention or for
  942  the conservation, development and utilization of soil and water
  943  resources, and the disposal of water, located within the
  944  district’s its boundaries, territory within another district’s
  945  boundaries subject to the other district’s approval, or
  946  territory not contained within any district’s boundaries,
  947  undertaken by the United States or any of its agencies, or by
  948  this state or any of its agencies; to manage as agent of the
  949  United States or any of its agencies, or of the state or any of
  950  its agencies, any soil-conservation, erosion-control, erosion
  951  prevention, or any project for flood-prevention or for the
  952  conservation, development, and utilization of soil and water
  953  resources, and the disposal of water within the district’s its
  954  boundaries, territory within another district’s boundaries
  955  subject to the other district’s approval, or territory not
  956  contained within any district’s boundaries; to act as agent for
  957  the United States, or any of its agencies, or for the state or
  958  any of its agencies, in connection with the acquisition,
  959  construction, operation or administration of any soil
  960  conservation, erosion-control, erosion-prevention, or any
  961  project for flood-prevention or for the conservation,
  962  development and utilization of soil and water resources, and the
  963  disposal of water within the district’s its boundaries,
  964  territory within another district’s boundaries subject to the
  965  other district’s approval, or territory not contained within any
  966  district’s boundaries; to accept donations, gifts, and
  967  contributions in money, services, materials, or otherwise, from
  968  the United States or any of its agencies, or from this state or
  969  any of its agencies, or from others, and to use or expend such
  970  moneys, services, materials or other contributions in carrying
  971  on its operations.;
  972         (10) To sue and be sued in the name of the district; to
  973  have a seal, which seal shall be judicially noticed; to have
  974  perpetual succession unless terminated as provided in this
  975  chapter; to make and execute contracts and other instruments
  976  necessary or convenient to the exercise of its powers; upon a
  977  majority vote of the supervisors of the district, to borrow
  978  money and to execute promissory notes and other evidences of
  979  indebtedness in connection therewith, and to pledge, mortgage,
  980  and assign the income of the district and its personal property
  981  as security therefor, the notes and other evidences of
  982  indebtedness to be general obligations only of the district and
  983  in no event to constitute an indebtedness for which the faith
  984  and credit of the state or any of its revenues are pledged; to
  985  make, amend, and repeal rules and regulations not inconsistent
  986  with this chapter to carry into effect its purposes and powers.
  987         (11) As a condition to the extending of any benefits under
  988  this chapter to, or the performance of work upon, any lands not
  989  owned or controlled by this state or any of its agencies, the
  990  supervisors may require contributions in money, services,
  991  materials, or otherwise to any operations conferring such
  992  benefits, and may require landowners and occupiers to enter into
  993  and perform such agreements or covenants as to the permanent use
  994  of such lands as will tend to prevent or control erosion and
  995  prevent floodwater and sediment damages thereon.;
  996         (12) No provisions with respect to the acquisition,
  997  operation, or disposition of property by public bodies of this
  998  state shall be applicable to a district organized hereunder
  999  unless the Legislature shall specifically so state. The property
 1000  and property rights of every kind and nature acquired by any
 1001  district organized under the provisions of this chapter shall be
 1002  exempt from state, county, and other taxation.
 1003         Section 38. Section 582.29, Florida Statutes, is amended to
 1004  read:
 1005         582.29 State agencies to cooperate.—Agencies of this state
 1006  which shall have jurisdiction over, or be charged with, the
 1007  administration of any state-owned lands, and of any county, or
 1008  other governmental subdivision of the state, which shall have
 1009  jurisdiction over, or be charged with the administration of, any
 1010  county-owned or other publicly owned lands, lying within the
 1011  boundaries of any district organized under this chapter, the
 1012  boundaries of another district subject to that district’s
 1013  approval, or territory not contained within the boundaries of
 1014  any district organized under this chapter, shall cooperate to
 1015  the fullest extent with the supervisors of such districts in the
 1016  effectuation of programs and operations undertaken by the
 1017  supervisors under the provisions of this chapter. The
 1018  supervisors of such districts shall be given free access to
 1019  enter and perform work upon such publicly owned lands. The
 1020  provisions of land use regulations adopted shall be in all
 1021  respects observed by the agencies administering such publicly
 1022  owned lands.
 1023         Section 39. Subsection (3) of section 582.30, Florida
 1024  Statutes, is amended, and subsections (4) and (5) are added to
 1025  that section, to read:
 1026         582.30 Discontinuance of districts; referendum;
 1027  commissioner’s authority.—
 1028         (3) In the alternative, upon review and recommendation of
 1029  the Soil and Water Conservation Council regarding the continued
 1030  viability of a district, the Commissioner of Agriculture may
 1031  dissolve or discontinue a such district if: the commissioner
 1032  certifies that the continued operation of the district is not
 1033  administratively practicable and feasible.
 1034         (a) Upon review and recommendation of the Soil and Water
 1035  Conservation Council, the council determines that the continued
 1036  operation of the district is not administratively practicable
 1037  and feasible under the provisions of this chapter;
 1038         (b) The If A district fails has failed to comply with any
 1039  of the audit or and financial reporting requirement requirements
 1040  of chapter 189, or fails to comply with any requirement of s.
 1041  582.20(1)–(9), and the commissioner, after review and
 1042  confirmation by the department’s inspector general reviews and
 1043  confirms in writing that the district has failed to comply with
 1044  such requirement; or, may certify dissolution or discontinuance
 1045  of such district without prior review and recommendation of the
 1046  Soil and Water Conservation Council.
 1047         (c) The department receives a resolution adopted by the
 1048  supervisors of the district requesting that the commissioner
 1049  issue a certificate determining that the continued operation of
 1050  the district is not administratively practicable and feasible
 1051  under the provisions of this chapter.
 1052         (4) If the requirements for dissolution or discontinuance
 1053  of a district are satisfied under subsection (1), subsection
 1054  (2), or subsection (3), the department shall publish notice of a
 1055  such proposed certification determining that the continued
 1056  operation of the district is not administratively practicable
 1057  and feasible under the provisions of this chapter. The notice of
 1058  dissolution or discontinuance shall be published once a week for
 1059  2 weeks in a newspaper of general circulation within the county
 1060  or counties in which wherein the district is located, stating
 1061  the name of the district and a general description of the
 1062  territory included in the district, and requiring that any
 1063  comments or objections to the proposed certification,
 1064  dissolution or any claims against the assets of the district,
 1065  must be filed with the department clerk not later than 60 days
 1066  after following the date of last publication.
 1067         (5)(a) Upon expiration of the 60-day period after the date
 1068  of last publication, the commissioner, upon review of any
 1069  comments or objections received under subsection (4), may issue
 1070  a certificate determining that the continued operation of the
 1071  district is not administratively practicable and feasible under
 1072  the provisions of this chapter.
 1073         (b) If the commissioner issues a certificate determining
 1074  that the continued operation of a district is not
 1075  administratively practicable and feasible under the provisions
 1076  of this chapter, the department shall file the original
 1077  certificate with the Department of State and shall provide a
 1078  copy of the certificate to the supervisors of the district at
 1079  the district’s principal office designated under s.
 1080  582.15(1)(c).
 1081         Section 40. Section 582.31, Florida Statutes, is amended to
 1082  read:
 1083         582.31 Certification of results of referendum;
 1084  dissolution.—Upon receipt from the Department of Agriculture and
 1085  Consumer Services of a certification that the department has
 1086  determined that the continued operation of the district is not
 1087  administratively practicable and feasible, pursuant to the
 1088  provisions of this chapter, the supervisors shall forthwith
 1089  proceed to terminate the affairs of the district. The
 1090  supervisors shall dispose of all property belonging to the
 1091  district at public auction and shall pay over the proceeds of
 1092  such sale to be converted into the State Treasury, which amount
 1093  shall be placed to the credit of the district department for the
 1094  purpose of liquidating any legal obligations the said district
 1095  may have at the time of its discontinuance. The supervisors
 1096  shall thereupon file an application, duly verified, with the
 1097  Department of State for the discontinuance of the such district,
 1098  and shall transmit with such application the certificate of the
 1099  Department of Agriculture and Consumer Services setting forth
 1100  the determination of the department that the continued operation
 1101  of the such district is not administratively practicable and
 1102  feasible. The application shall recite that the property of the
 1103  district has been disposed of and the proceeds paid over as in
 1104  this section provided, and shall set forth a full accounting of
 1105  such properties and proceeds of the sale. The Department of
 1106  State shall issue to the supervisors a certificate of
 1107  dissolution and shall record such certificate in an appropriate
 1108  book of record in its office.
 1109         Section 41. Section 585.155, Florida Statutes, is repealed.
 1110         Section 42. Section 589.03, Florida Statutes, is repealed.
 1111         Section 43. Section 589.19, Florida Statutes, is amended to
 1112  read:
 1113         589.19 Creation of certain state forests; naming of certain
 1114  state forests.—
 1115         (1) When the Board of Trustees of the Internal Improvement
 1116  Trust Fund, any state agency, or any agency created by state
 1117  law, authorized to accept reforestation lands in the name of the
 1118  state, approves the recommendations of the Florida Forest
 1119  Service Division of Forestry in reference to the acquisition of
 1120  land and acquires acquire such land, the said board, state
 1121  agency, or agency created by state law, may formally designate
 1122  and dedicate any area as a reforestation project, or state
 1123  forest, and where so designated and dedicated such area shall be
 1124  under the administration of the Florida Forest Service, division
 1125  which is shall be authorized to manage and administer such said
 1126  area according to the purpose for which it was designated and
 1127  dedicated.
 1128         (2) The first state forest acquired by the Board of
 1129  Trustees of the Internal Improvement Trust Fund in Baker County
 1130  is to be named the John M. Bethea State Forest. This is to honor
 1131  Mr. John M. Bethea who was Florida’s fourth state forester and
 1132  whose distinguished career in state government spanned 46 years
 1133  and who is a native of Baker County.
 1134         (3) The state forest managed by the Florida Forest Service
 1135  Division of Forestry in Seminole County is to be named the
 1136  Charles H. Bronson State Forest to honor Charles H. Bronson, the
 1137  tenth Commissioner of Agriculture, for his distinguished
 1138  contribution to this state’s agriculture and natural resources.
 1139         (4)(a) The Florida Forest Service Division of Forestry
 1140  shall designate one or more areas of state forests as an
 1141  “Operation Outdoor Freedom a “Wounded Warrior Special Hunt Area”
 1142  to honor wounded veterans and servicemembers. The purpose of
 1143  such designated areas is to provide special outdoor recreational
 1144  opportunities for eligible veterans and servicemembers.
 1145         (b) The Florida Forest Service division shall limit guest
 1146  admittance to such designated areas to any person who:
 1147         1. Is an active duty member of any branch of the United
 1148  States Armed Forces and has a combat-related injury as
 1149  determined by his or her branch of the United States Armed
 1150  Forces; or
 1151         2. Is a veteran who served during a period of wartime
 1152  service as defined in s. 1.01(14) or peacetime service as
 1153  defined in s. 296.02 and:
 1154         a. Has a service-connected disability as determined by the
 1155  United States Department of Veterans Affairs; or
 1156         b. Was discharged or released from military service because
 1157  of a disability acquired or aggravated while serving on active
 1158  duty.
 1159         (c) The Florida Forest Service division may grant
 1160  admittance to such designated areas to a person who is not an
 1161  eligible veteran or servicemember for purposes of accompanying
 1162  an eligible veteran or servicemember who requires the person’s
 1163  assistance to use such designated areas.
 1164         (d) Funding required for specialized accommodations shall
 1165  be provided through the Friends of Florida State Forests Program
 1166  created under s. 589.012.
 1167         (e) The Florida Forest Service division may adopt rules to
 1168  administer this subsection.
 1169         Section 44. Section 589.277, Florida Statutes, is amended
 1170  to read:
 1171         589.277 Tree planting programs.—
 1172         (1) The Division of Forestry of the Florida Forest Service
 1173  Department of Agriculture and Consumer Services shall administer
 1174  federal, state, and privately sponsored tree planting programs
 1175  designed to assist private rural landowners and urban
 1176  communities.
 1177         (2) Contributions from governmental and private sources for
 1178  tree planting programs may be accepted into the Federal Grants
 1179  Trust Fund or the Incidental Trust Fund of the Florida Forest
 1180  Service.
 1181         (3) The Florida Forest Service shall Division of Forestry
 1182  is authorized and directed to develop and implement guidelines
 1183  and procedures under which the financial resources of the fund
 1184  allocated for tree planting programs may be utilized for urban
 1185  and rural reforestation.
 1186         (4) Grants to municipalities, counties, nonprofit
 1187  organizations, and qualifying private landowners may be made
 1188  from allocated moneys in the fund for the purpose of purchasing,
 1189  planting, and maintaining native tree species.
 1190         (5) The Florida Forest Service Division of Forestry shall
 1191  assist the Department of Education in developing programs that
 1192  teach the importance of trees in the urban, rural, and global
 1193  environment.
 1194         Section 45. Section 590.02, Florida Statutes, is amended to
 1195  read:
 1196         590.02 Florida Forest Service; Division powers, authority,
 1197  and duties; liability; building structures; Florida Center for
 1198  Wildfire and Forest Resources Management Training.—
 1199         (1) The Florida Forest Service division has the following
 1200  powers, authority, and duties:
 1201         (a) To enforce the provisions of this chapter;
 1202         (b) To prevent, detect, suppress, and extinguish wildfires
 1203  wherever they may occur on public or private land in this state
 1204  and to do all things necessary in the exercise of such powers,
 1205  authority, and duties;
 1206         (c) To provide firefighting crews, who shall be under the
 1207  control and direction of the Florida Forest Service division and
 1208  its designated agents;
 1209         (d) To appoint center managers, forest area supervisors,
 1210  forestry program administrators, a forest protection bureau
 1211  chief, a forest protection assistant bureau chief, a field
 1212  operations bureau chief, deputy chiefs of field operations,
 1213  district managers, forest operations administrators, senior
 1214  forest rangers, investigators, forest rangers, firefighter
 1215  rotorcraft pilots, and other employees who may, at the Florida
 1216  Forest Service’s division’s discretion, be certified as forestry
 1217  firefighters pursuant to s. 633.35(4). Other provisions of law
 1218  notwithstanding, center managers, district managers, forest
 1219  protection assistant bureau chief, and deputy chiefs of field
 1220  operations shall have Selected Exempt Service status in the
 1221  state personnel designation;
 1222         (e) To develop a training curriculum for forestry
 1223  firefighters which must contain the basic volunteer structural
 1224  fire training course approved by the Florida State Fire College
 1225  of the Division of State Fire Marshal and a minimum of 250 hours
 1226  of wildfire training;
 1227         (f) To make rules to accomplish the purposes of this
 1228  chapter;
 1229         (g) To provide fire management services and emergency
 1230  response assistance and to set and charge reasonable fees for
 1231  performance of those services. Moneys collected from such fees
 1232  shall be deposited into the Incidental Trust Fund of the Florida
 1233  Forest Service division; and
 1234         (h) To require all state, regional, and local government
 1235  agencies operating aircraft in the vicinity of an ongoing
 1236  wildfire to operate in compliance with the applicable state
 1237  Wildfire Aviation Plan.
 1238         (2) The Florida Forest Service’s Division employees, and
 1239  the firefighting crews under their control and direction, may
 1240  enter upon any lands for the purpose of preventing and
 1241  suppressing wildfires and investigating smoke complaints or open
 1242  burning not in compliance with authorization and to enforce the
 1243  provisions of this chapter.
 1244         (3) Employees of the Florida Forest Service division and of
 1245  federal, state, and local agencies, and all other persons and
 1246  entities that are under contract or agreement with the Florida
 1247  Forest Service division to assist in firefighting operations as
 1248  well as those entities, called upon by the Florida Forest
 1249  Service division to assist in firefighting may, in the
 1250  performance of their duties, set counterfires, remove fences and
 1251  other obstacles, dig trenches, cut firelines, use water from
 1252  public and private sources, and carry on all other customary
 1253  activities in the fighting of wildfires without incurring
 1254  liability to any person or entity.
 1255         (4)(a) The department may build structures, notwithstanding
 1256  chapters 216 and 255, not to exceed a cost of $50,000 per
 1257  structure from existing resources on forest lands, federal
 1258  excess property, and unneeded existing structures. These
 1259  structures must meet all applicable building codes.
 1260         (b) Notwithstanding s. 553.80(1), the department shall
 1261  exclusively enforce the Florida Building Code as it pertains to
 1262  wildfire and law enforcement facilities under the jurisdiction
 1263  of the department.
 1264         (5) The Florida Forest Service division shall organize its
 1265  operational units to most effectively prevent, detect, and
 1266  suppress wildfires, and to that end, may employ the necessary
 1267  personnel to manage its activities in each unit. The Florida
 1268  Forest Service division may construct lookout towers, roads,
 1269  bridges, firelines, and other facilities and may purchase or
 1270  fabricate tools, supplies, and equipment for firefighting. The
 1271  Florida Forest Service division may reimburse the public and
 1272  private entities that it engages to assist in the suppression of
 1273  wildfires for their personnel and equipment, including aircraft.
 1274         (6) The Florida Forest Service division shall undertake
 1275  privatization alternatives for fire prevention activities
 1276  including constructing fire lines and conducting prescribed
 1277  burns and, where appropriate, entering into agreements or
 1278  contracts with the private sector to perform such activities.
 1279         (7) The Florida Forest Service division may organize,
 1280  staff, equip, and operate the Florida Center for Wildfire and
 1281  Forest Resources Management Training. The center shall serve as
 1282  a site where fire and forest resource managers can obtain
 1283  current knowledge, techniques, skills, and theory as they relate
 1284  to their respective disciplines.
 1285         (a) The center may establish cooperative efforts involving
 1286  federal, state, and local entities; hire appropriate personnel;
 1287  and engage others by contract or agreement with or without
 1288  compensation to assist in carrying out the training and
 1289  operations of the center.
 1290         (b) The center shall provide wildfire suppression training
 1291  opportunities for rural fire departments, volunteer fire
 1292  departments, and other local fire response units.
 1293         (c) The center will focus on curriculum related to, but not
 1294  limited to, fuel reduction, an incident management system,
 1295  prescribed burning certification, multiple-use land management,
 1296  water quality, forest health, environmental education, and
 1297  wildfire suppression training for structural firefighters.
 1298         (d) The center may assess appropriate fees for food,
 1299  lodging, travel, course materials, and supplies in order to meet
 1300  its operational costs and may grant free meals, room, and
 1301  scholarships to persons and other entities in exchange for
 1302  instructional assistance.
 1303         (e) An advisory committee consisting of the following
 1304  individuals or their designees must review program curriculum,
 1305  course content, and scheduling: the director of the Florida
 1306  Forest Service Division of Forestry; the assistant director of
 1307  the Florida Forest Service Division of Forestry; the director of
 1308  the School of Forest Resources and Conservation of the
 1309  University of Florida; the director of the Division of
 1310  Recreation and Parks of the Department of Environmental
 1311  Protection; the director of the Division of the State Fire
 1312  Marshal; the director of the Florida Chapter of The Nature
 1313  Conservancy; the executive vice president of the Florida
 1314  Forestry Association; the president of the Florida Farm Bureau
 1315  Federation; the executive director of the Fish and Wildlife
 1316  Conservation Commission; the executive director of a water
 1317  management district as appointed by the Commissioner of
 1318  Agriculture; the supervisor of the National Forests in Florida;
 1319  the president of the Florida Fire Chief’s Association; and the
 1320  executive director of the Tall Timbers Research Station.
 1321         (8) The Cross City Work Center shall be named the L. Earl
 1322  Peterson Forestry Station. This is to honor Mr. L. Earl
 1323  Peterson, Florida’s sixth state forester, whose distinguished
 1324  career in state government has spanned 44 years, and who is a
 1325  native of Dixie County.
 1326         (9)(a) Notwithstanding ss. 273.055 and 287.16, the
 1327  department may retain, transfer, warehouse, bid, destroy, scrap,
 1328  or otherwise dispose of surplus equipment and vehicles that are
 1329  used for wildland firefighting.
 1330         (b) All money received from the disposition of state-owned
 1331  equipment and vehicles that are used for wildland firefighting
 1332  shall be retained by the department. Money received pursuant to
 1333  this section is appropriated for and may be disbursed for the
 1334  acquisition of exchange and surplus equipment used for wildland
 1335  firefighting, and for all necessary operating expenditures
 1336  related to such equipment, in the same fiscal year and the
 1337  fiscal year following the disposition. The department shall
 1338  maintain records of the accounts into which the money is
 1339  deposited.
 1340         (10)(a) The Florida Forest Service division has exclusive
 1341  authority to require and issue authorizations for broadcast
 1342  burning and agricultural and silvicultural pile burning. An
 1343  agency, commission, department, county, municipality, or other
 1344  political subdivision of the state may not adopt or enforce
 1345  laws, regulations, rules, or policies pertaining to broadcast
 1346  burning or agricultural and silvicultural pile burning unless an
 1347  emergency order is declared in accordance with s. 252.38(3).
 1348         (b) The Florida Forest Service division may delegate to a
 1349  county or municipality its authority, as delegated by the
 1350  Department of Environmental Protection pursuant to ss.
 1351  403.061(28) and 403.081, to require and issue authorizations for
 1352  the burning of yard trash and debris from land clearing
 1353  operations in accordance with s. 590.125(6).
 1354         Section 46. Subsection (3) of section 597.0021, Florida
 1355  Statutes, is amended to read:
 1356         597.0021 Legislative intent.—
 1357         (3) It is the intent of the Legislature that the
 1358  Aquaculture Review Council is and the Aquaculture Interagency
 1359  Coordinating Council are established to provide a means of
 1360  communication between the aquaculture industry and the
 1361  regulatory agencies.
 1362         Section 47. Paragraphs (b) and (d) of subsection (1) of
 1363  section 597.003, Florida Statutes, are amended to read:
 1364         597.003 Powers and duties of Department of Agriculture and
 1365  Consumer Services.—
 1366         (1) The department is hereby designated as the lead agency
 1367  in encouraging the development of aquaculture in the state and
 1368  shall have and exercise the following functions, powers, and
 1369  duties with regard to aquaculture:
 1370         (b) Coordinate the development, annual revision, and
 1371  implementation of a state aquaculture plan. The plan shall
 1372  include prioritized recommendations for research and development
 1373  as suggested by the Aquaculture Review Council, the Aquaculture
 1374  Interagency Coordinating Council, and public and private
 1375  institutional research, extension, and service programs.
 1376         (d) Provide staff for the Aquaculture Review Council and
 1377  the Aquaculture Interagency Coordinating Council.
 1378         Section 48. Paragraph (h) of subsection (1) of section
 1379  597.004, Florida Statutes, is amended to read:
 1380         597.004 Aquaculture certificate of registration.—
 1381         (1) CERTIFICATION.—Any person engaging in aquaculture must
 1382  be certified by the department. The applicant for a certificate
 1383  of registration shall submit the following to the department:
 1384         (h) An One-hundred dollar annual registration fee of $100.
 1385  The annual registration fee is waived for each elementary,
 1386  middle, or high school and each vocational school that
 1387  participates in the aquaculture certification program.
 1388         Section 49. Subsection (1), paragraphs (a) and (b) of
 1389  subsection (2), and paragraph (h) of subsection (3) of section
 1390  597.005, Florida Statutes, are amended to read:
 1391         597.005 Aquaculture Review Council.—
 1392         (1) COMPOSITION.—There is created within the department the
 1393  Aquaculture Review Council to consist of eight nine members as
 1394  follows: the chair of the State Agricultural Advisory Council or
 1395  designee; the chair of the Aquaculture Interagency Coordinating
 1396  Council; and seven additional members to be appointed by the
 1397  commissioner, including an alligator farmer, a food fish farmer,
 1398  a shellfish farmer, a tropical fish farmer, an aquatic plant
 1399  farmer, a representative of the commercial fishing industry, and
 1400  a representative of the aquaculture industry at large. Members
 1401  shall be appointed for 4-year terms. Each member shall be
 1402  selected from no fewer than two or more than three nominees
 1403  submitted by recognized statewide organizations representing
 1404  each industry segment or the aquaculture industry at large. In
 1405  the absence of nominees, the commissioner shall appoint persons
 1406  who otherwise meet the qualifications for appointment to the
 1407  council. Members shall serve until their successors are duly
 1408  qualified and appointed. An appointment to fill a vacancy shall
 1409  be for the unexpired portion of the term.
 1410         (2) MEETINGS; PROCEDURES; RECORDS.—
 1411         (a) The members of the council shall meet at least
 1412  quarterly; shall elect a chair, a vice chair, and a secretary,
 1413  and an industry representative to the Aquaculture Interagency
 1414  Coordinating Council; and shall use accepted rules of procedure.
 1415  The terms of such officers shall be for 1 year.
 1416         (b) The council shall meet at the call of its chair, at the
 1417  request of a majority of its membership, at the request of the
 1418  department, or at such times as may be prescribed by its rules
 1419  of procedure. However, the council shall hold a joint annual
 1420  meeting with the Aquaculture Interagency Coordinating Council.
 1421         (3) RESPONSIBILITIES.—The primary responsibilities of the
 1422  Aquaculture Review Council are to:
 1423         (h) For any problem that cannot be solved through simple
 1424  cooperation or negotiation, provide an issue analysis to the
 1425  Aquaculture Interagency Coordinating Council and to the chairs
 1426  of the legislative agriculture appropriations committees. The
 1427  analysis shall include, but not be limited to, specific facts
 1428  and industry hardships, regulatory provisions, questions
 1429  relative to the issue, and suggestions for solving the problem.
 1430         Section 50. Section 597.006, Florida Statutes, is repealed.
 1431         Section 51. Subsection (3) of section 616.252, Florida
 1432  Statutes, is amended to read:
 1433         616.252 Florida State Fair Authority; membership; number,
 1434  terms, compensation.—
 1435         (3) Members of the authority are not entitled to
 1436  compensation for their services as members but shall be
 1437  reimbursed by the authority for per diem and travel expenses as
 1438  provided in s. 112.061 and may not be reimbursed for travel
 1439  expenses. Except for the nonvoting youth member, each member may
 1440  be compensated for any special or full-time service performed in
 1441  the authority’s behalf as officers or agents of the authority.
 1442         Section 52. This act shall take effect July 1, 2012.