Florida Senate - 2013 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1628
Barcode 182562
576-03627-13
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on General Government)
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 253.034, F.S.;
4 requiring public hearings relating to the development
5 of land management plans to be held in any one, rather
6 than each, county affected by such plans; amending s.
7 259.1052, F.S.; providing for Lee County to retain
8 ownership and assume responsibility for management of
9 a specified portion of the Babcock Crescent B Ranch
10 Florida Forever acquisition; requiring certain
11 activities on the property to be compatible with
12 working ranch and agricultural activities;
13 establishing the Department of Agriculture and
14 Consumer Services as the lead agency responsible for
15 managing the Babcock Crescent B Ranch; repealing s.
16 259.10521, F.S., relating to the citizen support
17 organization for the Babcock Crescent B Ranch and use
18 of the ranch property; amending s. 259.1053, F.S.;
19 deleting and revising provisions of the Babcock
20 Preserve Ranch Act to conform to the termination or
21 expiration of the management agreement and the
22 dissolution of Babcock Ranch, Inc.; revising
23 definitions; providing legislative findings; creating
24 the Babcock Ranch Advisory Group; providing for the
25 department to manage and operate the preserve;
26 requiring certain fees to be deposited into the
27 Incidental Trust Fund of the Florida Forest Service of
28 the Department of Agriculture and Consumer Services,
29 subject to appropriation; directing the Fish and
30 Wildlife Conservation Commission, in cooperation with
31 the department, to establish, implement, and
32 administer certain activities and fees; requiring such
33 fees to be deposited into the State Game Trust Fund of
34 the Fish and Wildlife Conservation Commission and used
35 for specified purposes; authorizing the Board of
36 Trustees of the Internal Improvement Trust Fund to
37 negotiate and enter into certain agreements and grant
38 certain privileges, leases, concessions, and permits;
39 providing for certain funds to revert to the
40 Incidental Trust Fund of the Florida Forest Service
41 upon dissolution of the Babcock Ranch Advisory Group;
42 amending s. 388.261, F.S.; revising provisions for the
43 distribution and use of state funds for local mosquito
44 control programs; amending s. 388.271, F.S.; revising
45 the date by which mosquito control districts must
46 submit their certified budgets for approval by the
47 department; amending s. 487.160, F.S.; deleting
48 provisions requiring the department to conduct a
49 survey and compile a report on restricted-use
50 pesticides; amending s. 534.083, F.S.; deleting
51 permitting requirements for livestock haulers;
52 amending s. 570.07, F.S.; clarifying the authority of
53 the department to regulate certain open burning;
54 creating s. 570.087, F.S.; providing legislative
55 findings; requiring the Department of Agriculture and
56 Consumer Services to enter into a memorandum of
57 agreement with the Fish and Wildlife Conservation
58 Commission for the purpose of developing voluntary
59 best management practices for this state’s
60 agricultural industry; allowing for pilot projects;
61 providing that the department has rulemaking authority
62 for these purposes; requiring that rules provide for a
63 notice of intent to implement these practices;
64 emphasizing that implementation of the best management
65 practices created pursuant to this section is
66 voluntary; restricting the adoption or enforcement of
67 any law regarding the best management practices
68 created pursuant to this section; creating s. 570.64,
69 F.S.; establishing the duties of the Division of Food,
70 Nutrition, and Wellness within the department;
71 providing for a director of the division; amending s.
72 570.902, F.S.; clarifying the applicability of
73 definitions relating to certain designated programs
74 and direct-support organizations; amending s. 570.903,
75 F.S.; authorizing the department to establish direct
76 support organizations for museums and other programs
77 of the department; deleting provisions that limit the
78 establishment of direct-support organizations to
79 particular museums and programs; deleting provisions
80 authorizing direct-support organizations to enter into
81 certain contracts or agreements; clarifying provisions
82 prohibiting specified entities from receiving
83 commissions, fees, or financial benefits in connection
84 with the sale or exchange of real property and
85 historical objects; providing for the termination of
86 agreements between the department and direct-support
87 organizations; providing for the distribution of
88 certain assets; deleting provisions requiring the
89 department to establish certain procedures relating to
90 museum artifacts and records; amending s. 576.051,
91 F.S.; authorizing the department to establish certain
92 criteria for fertilizer sampling and analysis;
93 amending s. 576.061, F.S.; requiring the department to
94 adopt rules establishing certain investigational
95 allowances for fertilizer deficiencies; providing a
96 date by which such allowances are effective and other
97 allowances are repealed; amending s. 576.181, F.S.;
98 revising the department’s authority to adopt rules
99 establishing certain criteria for fertilizer analysis;
100 amending s. 585.61, F.S.; deleting provisions for the
101 establishment of an animal disease diagnostic
102 laboratory in Suwannee County; amending s. 586.10,
103 F.S.; authorizing apiary inspectors to be certified
104 beekeepers under certain conditions; amending s.
105 586.15, F.S.; authorizing the Department of
106 Agriculture and Consumer Services to collect certain
107 costs to be deposited into the General Inspection
108 Trust Fund; amending s. 589.02, F.S.; deleting annual
109 and special meeting requirements for the Florida
110 Forestry Council; amending s. 589.19, F.S.;
111 establishing the Operation Outdoor Freedom Program
112 within the Florida Forest Service to replace
113 provisions for the designation of specified hunt areas
114 in state forests for wounded veterans and
115 servicemembers; providing purpose and intent of the
116 program; providing eligibility requirements for
117 program participation; providing exceptions from
118 eligibility requirements for certain activities;
119 providing for deposit and use of funds donated to the
120 program; limiting the liability of private landowners
121 who provide land for designation as hunting sites for
122 purposes of the program; amending s. 589.30, F.S.;
123 revising references to certain Florida Forest Service
124 personnel titles; amending s. 590.02, F.S.;
125 authorizing the Florida Forest Service to allow
126 certain types of burning; specifying that sovereign
127 immunity applies to certain planning level activities;
128 deleting provisions relating to the composition and
129 duties of the Florida Forest Training Center advisory
130 council; prohibiting government entities from banning
131 certain types of burning; authorizing the service to
132 delegate authority to special districts to manage
133 certain types of burning; revising such authority
134 delegated to counties and municipalities; amending s.
135 590.11, F.S.; revising the prohibition on leaving
136 certain recreational fires unattended, to which
137 penalties apply; amending s. 590.125, F.S.; revising
138 and providing definitions relating to open burning
139 authorized by the Florida Forest Service; revising
140 requirements for noncertified and certified burning;
141 limiting the liability of the service and certain
142 persons related to certain burns; amending s. 590.25,
143 F.S.; revising provisions relating to criminal
144 penalties for obstructing the prevention, detection,
145 or suppression of wildfires; creating chapter 595,
146 F.S., to establish the Florida School Food and
147 Nutrition Act; creating s. 595.401, F.S.; providing a
148 short title; creating s. 595.402, F.S.; providing
149 definitions; creating s. 595.403, F.S.; declaring
150 state policy relating to school food and nutrition
151 services; transferring, renumbering, and amending ss.
152 570.98 and 570.981, F.S., relating to school food and
153 nutrition services and the Florida Farm Fresh Schools
154 Program; revising the department’s duties and
155 responsibilities for administering such services and
156 program; revising requirements for school districts
157 and sponsors; transferring, renumbering, and amending
158 s. 570.982, F.S., relating to the children′s summer
159 nutrition program; clarifying provisions; transferring
160 and renumbering s. 570.072, F.S., relating to
161 commodity distribution; creating s. 595.501, F.S.;
162 providing certain penalties; transferring,
163 renumbering, and amending s. 570.983, F.S., relating
164 to the Food and Nutrition Services Trust Fund;
165 conforming a cross-reference; transferring and
166 renumbering s. 570.984, F.S., relating to the Healthy
167 Schools for Healthy Lives Council; amending s.
168 1001.42, F.S.; requiring district school boards to
169 perform duties relating to school lunch programs as
170 required by the department’s rules; amending s.
171 1003.453, F.S.; requiring each school district to
172 electronically submit a revised local school wellness
173 policy to the Department of Agriculture and Consumer
174 Services and a revised physical education policy to
175 the Department of Education; repealing ss. 487.0615,
176 570.382, 570.97, and 590.50, F.S., relating to the
177 Pesticide Review Council, Arabian horse racing and the
178 Arabian Horse Council, the Gertrude Maxwell Save a Pet
179 Direct-Support Organization, and permits for the sale
180 of cypress products, respectively; amending ss.
181 487.041, 550.2625, and 550.2633, F.S.; conforming
182 provisions; providing for the disbursement of
183 specified funds; providing an effective date.
184
185 Be It Enacted by the Legislature of the State of Florida:
186
187 Section 1. Paragraph (f) of subsection (5) of section
188 253.034, Florida Statutes, is amended to read:
189 253.034 State-owned lands; uses.—
190 (5) Each manager of conservation lands shall submit to the
191 Division of State Lands a land management plan at least every 10
192 years in a form and manner prescribed by rule by the board and
193 in accordance with the provisions of s. 259.032. Each manager of
194 conservation lands shall also update a land management plan
195 whenever the manager proposes to add new facilities or make
196 substantive land use or management changes that were not
197 addressed in the approved plan, or within 1 year of the addition
198 of significant new lands. Each manager of nonconservation lands
199 shall submit to the Division of State Lands a land use plan at
200 least every 10 years in a form and manner prescribed by rule by
201 the board. The division shall review each plan for compliance
202 with the requirements of this subsection and the requirements of
203 the rules established by the board pursuant to this section. All
204 land use plans, whether for single-use or multiple-use
205 properties, shall include an analysis of the property to
206 determine if any significant natural or cultural resources are
207 located on the property. Such resources include archaeological
208 and historic sites, state and federally listed plant and animal
209 species, and imperiled natural communities and unique natural
210 features. If such resources occur on the property, the manager
211 shall consult with the Division of State Lands and other
212 appropriate agencies to develop management strategies to protect
213 such resources. Land use plans shall also provide for the
214 control of invasive nonnative plants and conservation of soil
215 and water resources, including a description of how the manager
216 plans to control and prevent soil erosion and soil or water
217 contamination. Land use plans submitted by a manager shall
218 include reference to appropriate statutory authority for such
219 use or uses and shall conform to the appropriate policies and
220 guidelines of the state land management plan. Plans for managed
221 areas larger than 1,000 acres shall contain an analysis of the
222 multiple-use potential of the property, which analysis shall
223 include the potential of the property to generate revenues to
224 enhance the management of the property. Additionally, the plan
225 shall contain an analysis of the potential use of private land
226 managers to facilitate the restoration or management of these
227 lands. In those cases where a newly acquired property has a
228 valid conservation plan that was developed by a soil and
229 conservation district, such plan shall be used to guide
230 management of the property until a formal land use plan is
231 completed.
232 (f) In developing land management plans, at least one
233 public hearing shall be held in any one each affected county.
234 Section 2. Subsections (3), (4), and (5) of section
235 259.1052, Florida Statutes, are amended to read:
236 259.1052 Babcock Crescent B Ranch Florida Forever
237 acquisition; conditions for purchase.—
238 (3) The Legislature recognizes that the acquisition of the
239 state’s portion of the Babcock Crescent B Ranch represents a
240 unique opportunity to assist in preserving the largest private
241 and undeveloped single-ownership tract of land in Charlotte
242 County. The Legislature further recognizes Lee County as a
243 partner in the acquisition of the ranch. Upon the termination or
244 expiration of the management agreement, Lee County will retain
245 ownership and assume responsibility for management of the Lee
246 County portion of the acquisition. Lee County and the lead
247 manager may enter into an agreement for management of the Lee
248 County property.
249 (4) This section authorizes the acquisition of the state’s
250 portion of the Babcock Crescent B Ranch in order to protect and
251 preserve for future generations the scientific, scenic,
252 historic, and natural values of the ranch, including rivers and
253 ecosystems; to protect and preserve the archaeological,
254 geological, and cultural resources of the ranch; to provide for
255 species recovery; and to provide opportunities for public
256 recreation compatible with the working ranch and agricultural
257 activities conducted on the property.
258 (5) The Florida Forest Service of Fish and Wildlife
259 Conservation Commission and the Department of Agriculture and
260 Consumer Services shall, with the cooperation of the Fish and
261 Wildlife Conservation Commission, be the lead managing agency
262 agencies responsible for the management of Babcock Crescent B
263 Ranch.
264 Section 3. Section 259.10521, Florida Statutes, is
265 repealed.
266 Section 4. Section 259.1053, Florida Statutes, is amended
267 to read:
268 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.;
269 creation; membership; organization; meetings.—
270 (1) SHORT TITLE.—This section may be cited as the “Babcock
271 Ranch Preserve Act.”
272 (2) DEFINITIONS.—As used in this section, the term:
273 (a) “Babcock Ranch Preserve” and “preserve” mean the lands
274 and facilities acquired in the purchase of the Babcock Crescent
275 B Ranch, as provided in s. 259.1052.
276 (b) “Babcock Ranch, Inc.,” and “corporation” mean the not
277 for-profit corporation created under this section to operate and
278 manage the Babcock Ranch Preserve as a working ranch.
279 (c) “Board of directors” means the governing board of the
280 not-for-profit corporation created under this section.
281 (b)(d) “Commission” means the Fish and Wildlife
282 Conservation Commission.
283 (c)(e) “Commissioner” means the Commissioner of
284 Agriculture.
285 (d)(f) “Department” means the Department of Agriculture and
286 Consumer Services.
287 (e)(g) “Executive director” means the Executive Director of
288 the Fish and Wildlife Conservation Commission.
289 (f)(h) “Financially self-sustaining” means having
290 management and operation expenditures not more than the revenues
291 collected from fees and other receipts for resource use and
292 development and from interest and invested funds.
293 (g) “Florida Forest Service” means the Florida Forest
294 Service of the Department of Agriculture and Consumer Services.
295 (i) “Management and operating expenditures” means expenses
296 of the corporation, including, but not limited to, salaries and
297 benefits of officers and staff, administrative and operating
298 expenses, costs of improvements to and maintenance of lands and
299 facilities of the Babcock Ranch Preserve, and other similar
300 expenses. Such expenditures shall be made from revenues
301 generated from the operation of the ranch and not from funds
302 appropriated by the Legislature except as provided in this
303 section.
304 (j) “Member” means a person appointed to the board of
305 directors of the not-for-profit corporation created under this
306 section.
307 (h)(k) “Multiple use” means the management of all of the
308 renewable surface resources of the Babcock Ranch Preserve to
309 best meet the needs of the public, including the use of the land
310 for some or all of the renewable surface resources or related
311 services over areas large enough to allow for periodic
312 adjustments in use to conform to the changing needs and
313 conditions of the preserve while recognizing that a portion of
314 the land will be used for some of the renewable surface
315 resources available on that land. The goal of multiple use is
316 the harmonious and coordinated management of the renewable
317 surface resources without impairing the productivity of the land
318 and considering the relative value of the renewable surface
319 resources, and not necessarily a combination of uses to provide
320 the greatest monetary return or the greatest unit output.
321 (i)(l) “Sustained yield of the renewable surface resources”
322 means the achievement and maintenance of a high level of annual
323 or regular periodic output of the various renewable surface
324 resources of the preserve without impairing the productivity of
325 the land.
326 (3) CREATION OF BABCOCK RANCH PRESERVE.—
327 (a) Upon the date of acquisition of the Babcock Crescent B
328 Ranch, there is created the Babcock Ranch Preserve, which shall
329 be managed in accordance with the purposes and requirements of
330 this section.
331 (b) The preserve is established to protect and preserve the
332 environmental, agricultural, scientific, scenic, geologic,
333 watershed, fish, wildlife, historic, cultural, and recreational
334 values of the preserve, and to provide for the multiple use and
335 sustained yield of the renewable surface resources within the
336 preserve consistent with this section.
337 (c) The Legislature recognizes that the Babcock Crescent B
338 Ranch will need a variety of facilities to enhance its public
339 use and potential. The need for such facilities may exceed the
340 ability of the state to provide such facilities in a timely
341 manner with funds available. The Legislature finds it to be in
342 the public interest to provide incentives for partnerships with
343 public or private organizations with the intent of producing
344 additional revenue to help enhance the use and potential of the
345 ranch Babcock Ranch, Inc., and its officers and employees shall
346 participate in the management of the Babcock Ranch Preserve in
347 an advisory capacity only until the management agreement
348 referenced in paragraph (11)(a) is terminated or expires.
349 (d) Nothing in This section does not shall preclude Babcock
350 Ranch, Inc., prior to assuming management and operation of the
351 preserve and thereafter, from allowing the use of common
352 varieties of mineral materials such as sand, stone, and gravel
353 for construction and maintenance of roads and facilities within
354 the preserve.
355 (e) Nothing in This section does not affect shall be
356 construed as affecting the constitutional responsibilities of
357 the commission in the exercise of its regulatory and executive
358 power with respect to wild animal life and freshwater aquatic
359 life, including the regulation of hunting, fishing, and trapping
360 within the preserve.
361 (f) Nothing in This section does not shall be construed to
362 interfere with or prevent the implementation of ability of
363 Babcock Ranch, Inc., to implement agricultural practices
364 authorized by the agricultural land use designations established
365 in the local comprehensive plans of either Charlotte County or
366 Lee County as those plans apply to the Babcock Ranch Preserve.
367 (g) To clarify the responsibilities of the lead managing
368 agencies and the not-for-profit corporation created under this
369 section, the lead managing agencies are directed to establish a
370 range of resource protection values for the Babcock Ranch
371 Preserve, and the corporation shall establish operational
372 parameters to conduct the business of the ranch within the range
373 of values. The corporation shall establish a range of
374 operational values for conducting the business of the ranch, and
375 the lead managing agencies providing ground support to the ranch
376 outside of each agency’s jurisdictional responsibilities shall
377 establish management parameters within that range of values.
378 (g)(h) Nothing in This section does not shall preclude the
379 maintenance and use of roads and trails or the relocation of
380 roads in existence on the effective date of this section, or the
381 construction, maintenance, and use of new trails, or any
382 motorized access necessary for the administration of the land
383 contained within the preserve, including motorized access
384 necessary for emergencies involving the health or safety of
385 persons within the preserve.
386 (i) The Division of State Lands of the Department of
387 Environmental Protection shall perform staff duties and
388 functions for Babcock Ranch, Inc., the not-for-profit
389 corporation created under this section, until such time as the
390 corporation organizes to elect officers, file articles of
391 incorporation, and exercise its powers and duties.
392 (4) CREATION OF BABCOCK RANCH ADVISORY GROUP, INC.—
393 (a) The purpose of the Babcock Ranch Advisory Group is to
394 assist the department by providing guidance and advice
395 concerning the management and stewardship of the Babcock Ranch
396 Preserve.
397 (b) The Babcock Ranch Advisory Group shall be comprised of
398 nine members appointed to 5-year terms by the commissioner as
399 follows:
400 1. One member with experience in sustainable management of
401 forest lands for commodity purposes.
402 2. One member with experience in financial management,
403 budget and program analysis, and small business operations.
404 3. One member with experience in the management of game and
405 nongame wildlife and fish populations, including hunting,
406 fishing, and other recreational activities.
407 4. One member with experience in domesticated livestock
408 management, production, and marketing, including range
409 management and livestock business management.
410 5. One member with experience in agriculture operations or
411 forestry management.
412 6. One member with experience in hunting, fishing, nongame
413 species management, or wildlife habitat management, restoration,
414 and conservation.
415 7. One member who is a private landowner.
416 8. One member who is a resident of Lee County with
417 experience in land conservation and management.
418 9. One member who is a resident of Charlotte County and
419 active in an organization involved with the activities of the
420 ranch.
421
422 Vacancies will be filled in the same manner that the original
423 appointment was made. A member appointed to fill a vacancy shall
424 serve for the remainder of that term.
425 (c) Members of the Babcock Ranch Advisory Group shall:
426 1. Elect a chair and vice chair from among the group
427 members.
428 2. Meet regularly as determined by the director of the
429 Florida Forest Service.
430 3. Serve without compensation or reimbursement for travel
431 and per diem expenses.
432 (a) Subject to filing articles of incorporation, there is
433 created a not-for-profit corporation, to be known as Babcock
434 Ranch, Inc., which shall be registered, incorporated, organized,
435 and operated in compliance with the provisions of chapter 617,
436 and which shall not be a unit or entity of state government. For
437 purposes of sovereign immunity, the corporation shall be a
438 corporation primarily acting as an instrumentality of the state
439 but otherwise shall not be an agency within the meaning of s.
440 20.03(11) or a unit or entity of state government.
441 (b) The corporation is organized on a nonstock basis and
442 shall operate in a manner consistent with its public purpose and
443 in the best interest of the state.
444 (c) Meetings and records of the corporation, its directors,
445 advisory committees, or similar groups created by the
446 corporation, including any not-for-profit subsidiaries, are
447 subject to the public records provisions of chapter 119 and the
448 public meetings and records provisions of s. 286.011.
449 (5) APPLICABILITY OF SECTION.—In any conflict between a
450 provision of this section and a provision of chapter 617, the
451 provisions of this section shall prevail.
452 (6) PURPOSE.—The purpose of Babcock Ranch, Inc., is to
453 provide management and administrative services for the preserve,
454 to establish and implement management policies that will achieve
455 the purposes and requirements of this section, to cooperate with
456 state agencies to further the purposes of the preserve, and to
457 establish the administrative and accounting procedures for the
458 operation of the corporation.
459 (7) BOARD; MEMBERSHIP; REMOVAL; LIABILITY.—The corporation
460 shall be governed by a nine-member board of directors who shall
461 be appointed by the Board of Trustees of the Internal
462 Improvement Trust Fund; the executive director of the
463 commission; the Commissioner of Agriculture; the Babcock Florida
464 Company, a corporation registered to do business in the state,
465 or its successors or assigns; the Charlotte County Board of
466 County Commissioners; and the Lee County Board of County
467 Commissioners in the following manner:
468 (a)1. The Board of Trustees of the Internal Improvement
469 Trust Fund shall appoint four members. One appointee shall have
470 expertise in domesticated livestock management, production, and
471 marketing, including range management and livestock business
472 management. One appointee shall have expertise in the management
473 of game and nongame wildlife and fish populations, including
474 hunting, fishing, and other recreational activities. One
475 appointee shall have expertise in the sustainable management of
476 forest lands for commodity purposes. One appointee shall have
477 expertise in financial management, budget and program analysis,
478 and small business operations.
479 2. The executive director shall appoint one member with
480 expertise in hunting; fishing; nongame species management; or
481 wildlife habitat management, restoration, and conservation.
482 3. The commissioner shall appoint one member with expertise
483 in agricultural operations or forestry management.
484 4. The Babcock Florida Company, or its successors or
485 assigns, shall appoint one member with expertise in the
486 activities and management of the Babcock Ranch on the date of
487 acquisition of the ranch by the state as provided under s.
488 259.1052. This appointee shall serve on the board of directors
489 only until the termination of or expiration of the management
490 agreement attached as Exhibit “E” to that certain Agreement for
491 Sale and Purchase approved by the Board of Trustees of the
492 Internal Improvement Trust Fund on November 22, 2005, and by Lee
493 County, a political subdivision of the state, on November 20,
494 2005. Upon termination of or expiration of the management
495 agreement, the person serving as the head of the property
496 owners’ association, if any, required to be created under the
497 agreement for sale and purchase shall serve as a member of the
498 board of directors of Babcock Ranch, Inc.
499 5. The Charlotte County Board of County Commissioners shall
500 appoint one member who shall be a resident of the county and who
501 shall be active in an organization concerned with the activities
502 of the ranch.
503 6. The Lee County Board of County Commissioners shall
504 appoint one member who shall be a resident of the county and who
505 shall have experience in land conservation and management. This
506 appointee, or a successor appointee, shall serve as a member of
507 the board of directors so long as the county participates in the
508 state land management plan.
509 (b) All members of the board of directors shall be
510 appointed no later than 90 days following the initial
511 acquisition of the Babcock Ranch by the state, and:
512 1. Four members initially appointed by the Board of
513 Trustees of the Internal Improvement Trust Fund shall each serve
514 a 4-year term.
515 2. The remaining initial five appointees shall each serve a
516 2-year term.
517 3. Each member appointed thereafter shall serve a 4-year
518 term.
519 4. A vacancy shall be filled in the same manner in which
520 the original appointment was made, and a member appointed to
521 fill a vacancy shall serve for the remainder of that term.
522 5. No member may serve more than 8 years in consecutive
523 terms.
524 (c) With the exception of the Babcock Florida Company
525 appointee, no member may be an officer, director, or shareholder
526 in any entity that contracts with or receives funds from the
527 corporation or its subsidiaries.
528 (d) No member shall vote in an official capacity upon any
529 measure that would inure to his or her special private gain or
530 loss, that he or she knows would inure to the special private
531 gain or loss of any principal by whom he or she is retained or
532 to the parent organization or subsidiary of a principal by which
533 he or she is retained, or that he or she knows would inure to
534 the special private gain or loss of a relative or business
535 associate of the member. Such member shall, prior to the vote
536 being taken, publicly state the nature of his or her interest in
537 the matter from which he or she is abstaining from voting and,
538 no later than 15 days following the date the vote occurs, shall
539 disclose the nature of his or her interest as a public record in
540 a memorandum filed with the person responsible for recording the
541 minutes of the meeting, who shall incorporate the memorandum in
542 the minutes of the meeting.
543 (e) Each member of the board of directors is accountable
544 for the proper performance of the duties of office, and each
545 member owes a fiduciary duty to the people of the state to
546 ensure that funds provided in furtherance of this section are
547 disbursed and used as prescribed by law and contract. Any
548 official appointing a member may remove that member for
549 malfeasance, misfeasance, neglect of duty, incompetence,
550 permanent inability to perform official duties, unexcused
551 absence from three consecutive meetings of the board, arrest or
552 indictment for a crime that is a felony or misdemeanor involving
553 theft or a crime of dishonesty, or pleading nolo contendere to,
554 or being found guilty of, any crime.
555 (f) Each member of the board of directors shall serve
556 without compensation, but shall receive travel and per diem
557 expenses as provided in s. 112.061 while in the performance of
558 his or her duties.
559 (g) No appointee shall be an employee of any governmental
560 entity.
561 (8) ORGANIZATION; MEETINGS.—
562 (a)1. The board of directors shall annually elect a
563 chairperson and a vice chairperson from among the board’s
564 members. The members may, by a vote of five of the nine board
565 members, remove a member from the position of chairperson or
566 vice chairperson prior to the expiration of his or her term as
567 chairperson or vice chairperson. His or her successor shall be
568 elected to serve for the balance of the removed chairperson’s or
569 vice chairperson’s term.
570 2. The chairperson shall ensure that records are kept of
571 the proceedings of the board of directors, and is the custodian
572 of all books, documents, and papers filed with the board, the
573 minutes of meetings of the board, and the official seal of the
574 corporation.
575 (b)1. The board of directors shall meet upon the call of
576 the chairperson at least 3 times per year in Charlotte County or
577 in Lee County.
578 2. A majority of the members of the board of directors
579 constitutes a quorum. Except as otherwise provided in this
580 section, the board of directors may take official action by a
581 majority of the members present at any meeting at which a quorum
582 is present. Members may not vote by proxy.
583 (9) POWERS AND DUTIES.—
584 (a) The board of directors shall adopt articles of
585 incorporation and bylaws necessary to govern its activities. The
586 adopted articles of incorporation and bylaws must be approved by
587 the Board of Trustees of the Internal Improvement Trust Fund
588 prior to filing with the Department of State.
589 (b) The board of directors shall review and approve any
590 management plan developed pursuant to ss. 253.034 and 259.032
591 for the management of lands in the preserve prior to the
592 submission of that plan to the Board of Trustees of the Internal
593 Improvement Trust Fund for approval and implementation.
594 (c)1. Except for the constitutional powers of the
595 commission as provided in s. 9, Art. IV of the State
596 Constitution, the board of directors shall have all necessary
597 and proper powers for the exercise of the authority vested in
598 the corporation, including, but not limited to, the power to
599 solicit and accept donations of funds, property, supplies, or
600 services from individuals, foundations, corporations, and other
601 public or private entities for the purposes of this section. All
602 funds received by the corporation shall be deposited into the
603 operating fund authorized under this section unless otherwise
604 directed by the Legislature.
605 2. The board of directors may not increase the number of
606 its members.
607 3. Except as necessary to manage and operate the preserve
608 as a working ranch, the corporation may not purchase, take,
609 receive, lease, take by gift, devise, or bequest, or otherwise
610 acquire, own, hold, improve, use, or otherwise deal in and with
611 real property, or any interest therein, wherever situated.
612 4. The corporation may not sell, convey, mortgage, pledge,
613 lease, exchange, transfer, or otherwise dispose of any real
614 property.
615 5. The corporation may not purchase, take, receive,
616 subscribe for, or otherwise acquire, own, hold, vote, use,
617 employ, sell, mortgage, lend, pledge, or otherwise dispose of or
618 otherwise use and deal in and with, shares and other interests
619 in, or obligations of, other domestic or foreign corporations,
620 whether for profit or not for profit, associations,
621 partnerships, or individuals, or direct or indirect obligations
622 of the United States, or any other government, state, territory,
623 government district, municipality, or any instrumentality
624 thereof.
625 6. The corporation may not lend money for its corporate
626 purposes, invest and reinvest its funds, or take and hold real
627 and personal property as security for the payment of funds lent
628 or invested.
629 7. The corporation may not merge with other corporations or
630 other business entities.
631 8. The corporation may not enter into any contract, lease,
632 or other agreement related to the use of ground or surface
633 waters located in, on, or through the preserve without the
634 consent of the Board of Trustees of the Internal Improvement
635 Trust Fund and permits that may be required by the Department of
636 Environmental Protection or the appropriate water management
637 district under chapters 373 and 403.
638 9. The corporation may not grant any easements in, on, or
639 across the preserve. Any easements to be granted for the use of,
640 access to, or ingress and egress across state property within
641 the preserve must be executed by the Board of Trustees of the
642 Internal Improvement Trust Fund as the owners of the state
643 property within the preserve. Any easements to be granted for
644 the use of, access to, or ingress and egress across property
645 within the preserve titled in the name of a local government
646 must be granted by the governing body of that local government.
647 10. The corporation may not enter into any contract, lease,
648 or other agreement related to the use and occupancy of the
649 property within the preserve for a period greater than 10 years.
650 (d) The members may, with the written approval of the
651 commission and in consultation with the department, designate
652 hunting, fishing, and trapping zones and may establish
653 additional periods when no hunting, fishing, or trapping shall
654 be permitted for reasons of public safety, administration, and
655 the protection and enhancement of nongame habitat and nongame
656 species, as defined under s. 379.101.
657 (e) The corporation shall have the sole and exclusive right
658 to use the words “Babcock Ranch, Inc.,” and any seal, emblem, or
659 other insignia adopted by the members. Without the express
660 written authority of the corporation, no person may use the
661 words “Babcock Ranch, Inc.,” as the name under which that person
662 conducts or purports to conduct business, for the purpose of
663 trade or advertisement, or in any manner that may suggest any
664 connection with the corporation.
665 (f) The corporation may from time to time appoint advisory
666 committees to further any part of this section. The advisory
667 committees shall be reflective of the expertise necessary for
668 the particular function for which the committee is created, and
669 may include public agencies, private entities, and not-for
670 profit conservation and agricultural representatives.
671 (g) State laws governing the procurement of commodities and
672 services by state agencies, as provided in s. 287.057, shall
673 apply to the corporation.
674 (h) The corporation and its subsidiaries must provide equal
675 employment opportunities for all persons regardless of race,
676 color, religion, gender, national origin, age, handicap, or
677 marital status.
678 (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING
679 REQUIREMENTS.—
680 (a) The board of directors may establish and manage an
681 operating fund to address the corporation’s unique cash-flow
682 needs and to facilitate the management and operation of the
683 preserve as a working ranch.
684 (b) The board of directors shall provide for an annual
685 financial audit of the corporate accounts and records to be
686 conducted by an independent certified public accountant in
687 accordance with rules adopted by the Auditor General under s.
688 11.45(8). The audit report shall be submitted no later than 3
689 months following the end of the fiscal year to the Auditor
690 General, the President of the Senate, the Speaker of the House
691 of Representatives, and the appropriate substantive and fiscal
692 committees of the Legislature. The Auditor General, the Office
693 of Program Policy Analysis and Government Accountability, and
694 the substantive or fiscal committees of the Legislature to which
695 legislation affecting the Babcock Ranch Preserve may be referred
696 shall have the authority to require and receive from the
697 corporation or from the independent auditor any records relative
698 to the operation of the corporation.
699 (c) Not later than January 15 of each year, Babcock Ranch,
700 Inc., shall submit to the Board of Trustees of the Internal
701 Improvement Trust Fund, the President of the Senate, the Speaker
702 of the House of Representatives, the department, and the
703 commission a comprehensive and detailed report of its
704 operations, activities, and accomplishments for the prior year,
705 including information on the status of the ecological, cultural,
706 and financial resources being managed by the corporation, and
707 benefits provided by the preserve to local communities. The
708 report shall also include a section describing the corporation’s
709 goals for the current year.
710 (d) The board of directors shall prepare an annual budget
711 with the goal of achieving a financially self-sustaining
712 operation within 15 full fiscal years after the initial
713 acquisition of the Babcock Ranch by the state. The department
714 shall provide necessary assistance, including details as
715 necessary, to the corporation for the timely formulation and
716 submission of an annual legislative budget request for
717 appropriations, if any, to support the administration,
718 operation, and maintenance of the preserve. A request for
719 appropriations shall be submitted to the department and shall be
720 included in the department’s annual legislative budget request.
721 Requests for appropriations shall be submitted to the department
722 in time to allow the department to meet the requirements of s.
723 216.023. The department may not deny a request or refuse to
724 include in its annual legislative budget submission a request
725 from the corporation for an appropriation.
726 (e) Notwithstanding any other provision of law, all moneys
727 received from donations or from management of the preserve shall
728 be retained by the corporation in the operating fund and shall
729 be available, without further appropriation, for the
730 administration, preservation, restoration, operation and
731 maintenance, improvements, repairs, and related expenses
732 incurred with respect to properties being managed by the
733 corporation. Except as provided in this section, moneys received
734 by the corporation for the management of the preserve shall not
735 be subject to distribution by the state. Upon assuming
736 management responsibilities for the preserve, the corporation
737 shall optimize the generation of income based on existing
738 marketing conditions to the extent that activities do not
739 unreasonably diminish the long-term environmental, agricultural,
740 scenic, and natural values of the preserve, or the multiple-use
741 and sustained-yield capability of the land.
742 (f) All parties in contract with the corporation and all
743 holders of leases from the corporation which are authorized to
744 occupy, use, or develop properties under the management
745 jurisdiction of the corporation must procure proper insurance as
746 is reasonable or customary to insure against any loss in
747 connection with the properties or with activities authorized in
748 the leases or contracts.
749 (11) COMPREHENSIVE BUSINESS PLAN.—
750 (a) A comprehensive business plan for the management and
751 operation of the preserve as a working ranch and amendments to
752 the business plan may be developed only with input from the
753 department and the commission, and may be implemented by Babcock
754 Ranch, Inc., only upon expiration of the management agreement
755 attached as Exhibit “E” to that certain agreement for sale and
756 purchase approved by the Board of Trustees of the Internal
757 Improvement Trust Fund on November 22, 2005, and by Lee County
758 on November 20, 2005.
759 (b) Any final decision of Babcock Ranch, Inc., to adopt or
760 amend the comprehensive business plan or to approve any activity
761 related to the management of the renewable surface resources of
762 the preserve shall be made in sessions that are open to the
763 public. The board of directors shall establish procedures for
764 providing adequate public information and opportunities for
765 public comment on the proposed comprehensive business plan for
766 the preserve or for amendments to the comprehensive business
767 plan adopted by the members.
768 (c) Not less than 2 years prior to the corporation’s
769 assuming management and operation responsibilities for the
770 preserve, the corporation, with input from the commission and
771 the department, must begin developing the comprehensive business
772 plan to carry out the purposes of this section. To the extent
773 consistent with these purposes, the comprehensive business plan
774 shall provide for:
775 1. The management and operation of the preserve as a
776 working ranch;
777 2. The protection and preservation of the environmental,
778 agricultural, scientific, scenic, geologic, watershed, fish,
779 wildlife, historic, cultural, and recreational values of the
780 preserve;
781 3. The promotion of high-quality hunting experiences for
782 the public, with emphasis on deer, turkey, and other game
783 species;
784 4. Multiple use and sustained yield of renewable surface
785 resources within the preserve;
786 5. Public use of and access to the preserve for recreation;
787 and
788 6. The use of renewable resources and management
789 alternatives that, to the extent practicable, benefit local
790 communities and small businesses and enhance the coordination of
791 management objectives with those on surrounding public or
792 private lands. The use of renewable resources and management
793 alternatives should provide cost savings to the corporation
794 through the exchange of services, including, but not limited to,
795 labor and maintenance of facilities, for resources or services
796 provided to the corporation.
797 (d) On or before the date on which title to the portion of
798 the Babcock Crescent B Ranch being purchased by the state as
799 provided in s. 259.1052 is vested in the Board of Trustees of
800 the Internal Improvement Trust Fund, Babcock Ranch Management,
801 LLC, a limited liability company incorporated in this state,
802 shall provide the commission and the department with the
803 management plan and business plan in place for the operation of
804 the ranch as of November 22, 2005, the date on which the board
805 of trustees approved the purchase.
806 (5)(12) MANAGEMENT OF PRESERVE; FEES.—
807 (a) The department corporation shall assume all authority
808 provided by this section to manage and operate the preserve as a
809 working ranch upon the termination or expiration of the
810 management agreement attached as Exhibit “E” to that certain
811 Agreement for Sale and Purchase approved by the Board of
812 Trustees of the Internal Improvement Trust Fund on November 22,
813 2005, and by Lee County on November 20, 2005 a determination by
814 the Board of Trustees of the Internal Improvement Trust Fund
815 that the corporation is able to conduct business, and that
816 provision has been made for essential services on the preserve,
817 which, to the maximum extent practicable, shall be made no later
818 than 60 days prior to the termination of the management
819 agreement referenced in paragraph (11)(a).
820 (b) Upon assuming management and operation of the preserve,
821 the department corporation shall:
822 1. With input from the commission and the department,
823 Manage and operate the preserve and the uses thereof, including,
824 but not limited to, the activities necessary to administer and
825 operate the preserve as a working ranch; the activities
826 necessary for the preservation and development of the land and
827 renewable surface resources of the preserve; the activities
828 necessary for interpretation of the history of the preserve on
829 behalf of the public; the activities necessary for the
830 management, public use, and occupancy of facilities and lands
831 within the preserve; and the maintenance, rehabilitation,
832 repair, and improvement of property within the preserve.;
833 2. Develop programs and activities relating to the
834 management of the preserve as a working ranch.;
835 3. Negotiate directly with and enter into such agreements,
836 leases, contracts, and other arrangements with any person, firm,
837 association, organization, corporation, or governmental entity,
838 including entities of federal, state, and local governments, as
839 are necessary and appropriate to carry out the purposes and
840 activities authorized by this section;
841 3.4. Establish procedures for entering into lease
842 agreements and other agreements for the use and occupancy of the
843 facilities of the preserve. The procedures shall ensure
844 reasonable competition and set guidelines for determining
845 reasonable fees, terms, and conditions for such agreements.; and
846 4.5. Assess reasonable fees for admission to, use of, and
847 occupancy of the preserve to offset costs of operating the
848 preserve as a working ranch. These fees are independent of fees
849 assessed by the commission for the privilege of hunting,
850 fishing, or pursuing outdoor recreational activities within the
851 preserve, and shall be deposited into the Incidental Trust Fund
852 of the Florida Forest Service, subject to appropriation by the
853 Legislature operating fund established by the board of directors
854 under the authority provided under this section.
855 (c) The commission, in cooperation with the department,
856 shall:
857 1. Establish and implement public hunting and other fish
858 and wildlife management activities. Tier I and Tier II public
859 hunting opportunities shall be provided consistent with the
860 management plan and the recreation master plan.
861 a. Tier I public hunting shall provide hunting
862 opportunities similar to those offered on wildlife management
863 areas with an emphasis on youth and family-oriented hunts.
864 b. Tier II public hunting shall be provided specifically by
865 fee-based permitting to ensure compatibility with livestock
866 grazing and other essential agricultural operations on the
867 preserve.
868 2. Establish and administer permit fees for Tier II public
869 hunting to capitalize on the value of hunting on portions of the
870 preserve and to help ensure that the preserve is financially
871 self-sufficient. The fees shall be deposited into the State Game
872 Trust Fund of the Fish and Wildlife Conservation Commission to
873 be used to offset the costs of providing public hunting and to
874 support fish and wildlife management and other land management
875 activities on the preserve.
876 (d) The Board of Trustees of the Internal Improvement Trust
877 Fund or its designated agent may:
878 1. Negotiate directly with, and enter into such agreements,
879 leases, contracts, and other arrangements with, any person,
880 firm, association, organization, corporation, or governmental
881 entity, including entities of federal, state, and local
882 governments, as are necessary and appropriate to carry out the
883 purposes and activities authorized by this section.
884 2. Grant privileges, leases, concessions, and permits for
885 the use of land for the accommodation of visitors to the
886 preserve; however, natural curiosities or objects of interest
887 may not be granted, leased, or rented on terms that deny or
888 interfere with free access to them by the public. Such grants,
889 leases, and permits may be made and given without advertisement
890 or securing competitive bids. Such grants, leases, or permits
891 may not be assigned or transferred by any grantee without
892 consent of the Board of Trustees of the Internal Improvement
893 Trust Fund or its designated agent.
894 (13) MISCELLANEOUS PROVISIONS.—
895 (a) Except for the powers of the commissioner provided in
896 this section, and the powers of the commission provided in s. 9,
897 Art. IV of the State Constitution, the preserve shall be managed
898 by Babcock Ranch, Inc.
899 (b) Officers and employees of Babcock Ranch, Inc., are
900 private employees. At the request of the board of directors, the
901 commission and the department may provide state employees for
902 the purpose of implementing this section. Any state employees
903 provided to assist the directors in implementing this section
904 for more than 30 days shall be provided on a reimbursable basis.
905 Reimbursement to the commission and the department shall be made
906 from the corporation’s operating fund provided under this
907 section and not from any funds appropriated to the corporation
908 by the Legislature.
909 (6)(14) DISSOLUTION OF BABCOCK RANCH ADVISORY GROUP, INC.—
910 (a) The corporation may be dissolved only by an act of the
911 Legislature.
912 (b) Upon dissolution of the corporation, the management
913 responsibilities provided in this section shall revert to the
914 commission and the department unless otherwise provided by the
915 Legislature under the act dissolving Babcock Ranch, Inc.
916 (c) The Babcock Ranch Advisory Group shall terminate on
917 June 30, 2018. Upon dissolution of the Babcock Ranch Advisory
918 Group corporation, any cash balances of funds shall revert to
919 the Incidental Trust Fund of the Florida Forest Service General
920 Revenue Fund or such other state fund as may be provided under
921 the act dissolving Babcock Ranch, Inc.
922 Section 5. Subsection (2) of section 388.261, Florida
923 Statutes, is amended to read:
924 388.261 State aid to counties and districts for arthropod
925 control; distribution priorities and limitations.—
926 (2) Every county or district budgeting local funds to be
927 used exclusively for the control of mosquitoes and other
928 arthropods, under a plan submitted by the county or district and
929 approved by the department, is shall be eligible to receive
930 state funds and supplies, services, and equipment on a dollar
931 for-dollar matching basis to the amount of local funds budgeted.
932 If Should state funds appropriated by the Legislature are be
933 insufficient to grant each county or district state funds on a
934 dollar-for-dollar matching basis to the amount budgeted in local
935 funds, the department shall distribute the funds as prescribed
936 by rule. Such rules shall provide for up to 80 percent of the
937 funds to be distributed to programs with local funds for
938 mosquito control budgets of less than $1 million, if the county
939 or district meets the eligibility requirements. The funds shall
940 be distributed as equally as possible within the category of
941 counties pursuant to this section. The remaining funds shall be
942 distributed as prescribed by rule among the remaining counties
943 to support mosquito control and to support research, education,
944 and outreach prorate said state funds based on the amount of
945 matchable local funds budgeted for expenditure by each county or
946 district.
947 Section 6. Subsection (1) of section 388.271, Florida
948 Statutes, is amended to read:
949 388.271 Prerequisites to participation.—
950 (1) When state funds are involved, it is the duty of the
951 department to guide, review, approve, and coordinate the
952 activities of all county governments and special districts
953 receiving state funds in furtherance of the goal of integrated
954 arthropod control. Each county or district eligible to
955 participate hereunder may begin participation on October 1 of
956 any year by filing with the department not later than July 15 a
957 tentative work plan and tentative detailed work plan budget
958 providing for the control of arthropods. Following approval of
959 the plan and budget by the department, two copies of the
960 county’s or district’s certified budget based on the approved
961 work plan and detailed work plan budget shall be submitted to
962 the department by not later than September 30 15 following.
963 State funds, supplies, and services shall be made available to
964 such county or district by and through the department
965 immediately upon release of funds by the Executive Office of the
966 Governor.
967 Section 7. Section 487.160, Florida Statutes, is amended to
968 read:
969 487.160 Records; report.—Licensed private applicators
970 supervising 15 or more unlicensed applicators or mixer-loaders
971 and licensed public applicators and licensed commercial
972 applicators shall maintain records as the department may
973 determine by rule with respect to the application of restricted
974 pesticides, including, but not limited to, the type and quantity
975 of pesticide, method of application, crop treated, and dates and
976 location of application. Other licensed private applicators
977 shall maintain records as the department may determine by rule
978 with respect to the date, type, and quantity of restricted-use
979 pesticides used. Licensees shall keep records for a period of 2
980 years from date of the application of the pesticide to which the
981 records refer, and shall furnish to the department a copy of the
982 records upon written request by the department. Every third
983 year, the department shall conduct a survey and compile a report
984 on restricted-use pesticides in this state. This report shall
985 include, but not be limited to, types and quantities of
986 pesticides, methods of application, crops treated, and dates and
987 locations of application; records of persons working under
988 direct supervision; and reports of misuse, damage, or injury.
989 Section 8. Section 534.083, Florida Statutes, is amended to
990 read:
991 534.083 Livestock hauler’s permit; display of permit on
992 vehicle; bill of lading.—
993 (1) No person shall engage in the business of transporting
994 or hauling for hire livestock on any street or highway, as
995 defined in s. 316.003(53), without first having applied for and
996 obtained from the department a permit which shall expire on
997 December 31 of each year. The information supplied by the
998 applicant on the application for permit shall be certified under
999 oath. Cost of the permit shall be $5 for each year or fraction
1000 thereof.
1001 (2) The department shall issue a metal tag or plate to
1002 every person or company required to obtain a permit to transport
1003 or haul for hire livestock, which shall bear the serial number
1004 of the permit. Such a tag or plate shall be issued for each
1005 vehicle used by the hauler.
1006 (3) The metal tag or plate required under this section
1007 shall be attached to each vehicle used for transporting or
1008 hauling livestock in a conspicuous place in an upright position
1009 on the rear of the vehicle. When livestock is transported in a
1010 trailer type vehicle propelled or drawn by a motor truck or
1011 tractor, each such trailer shall have the tag or plate attached
1012 to the rear of the trailer in a conspicuous place in an upright
1013 position, and it shall not be necessary to have a tag attached
1014 to the motor truck or tractor.
1015 (4) Persons engaged in the business of transporting or
1016 hauling livestock in the state shall, upon receiving such
1017 livestock for transportation, issue a waybill or bill of lading
1018 for all livestock transported or hauled by them, and such
1019 waybill or bill of lading shall accompany the shipment of
1020 livestock, with a copy thereof being furnished to the person
1021 delivering livestock to the hauler. The waybill or bill of
1022 lading shall show the place of origin and destination of the
1023 shipment, the name of the owner of the livestock, date and time
1024 of loading, name of person or company hauling the livestock, and
1025 the number of animals and a general description thereof. The
1026 waybill or bill of lading shall be signed by the person
1027 delivering the livestock to the hauler certifying that the
1028 information contained thereon is correct.
1029 Section 9. Subsection (28) of section 570.07, Florida
1030 Statutes, is amended to read:
1031 570.07 Department of Agriculture and Consumer Services;
1032 functions, powers, and duties.—The department shall have and
1033 exercise the following functions, powers, and duties:
1034 (28) For purposes of pollution control and the prevention
1035 of wildfires, to regulate open burning connected with pile
1036 burning as defined in s. 590.125(1) land-clearing, agricultural,
1037 or forestry operations.
1038 Section 10. Section 570.087, Florida Statutes, is created
1039 to read:
1040 570.087 Best management practices for wildlife.—
1041 (1) LEGISLATIVE FINDINGS.—The Fish and Wildlife
1042 Conservation Commission and the Department of Agriculture and
1043 Consumer Services have long recognized that agriculture provides
1044 a valuable benefit to the conservation and management of fish
1045 and wildlife in this state and have agreed to enter into a
1046 memorandum of agreement to develop and adopt by rule voluntary
1047 best management practices for this state’s agriculture industry
1048 which reflect the industry’s existing contribution to the
1049 conservation and management of freshwater aquatic life and wild
1050 animal life in this state.
1051 (2) DEVELOPMENT.—The Department of Agriculture and Consumer
1052 Services shall enter into a memorandum of agreement with the
1053 Fish and Wildlife Conservation Commission for the purpose of
1054 developing the best management practices contemplated by this
1055 section and their application on agricultural lands within this
1056 state. This agreement may allow for selected pilot projects in
1057 an effort to facilitate development of best management
1058 practices.
1059 (3) ADOPTION OF RULES.—The Department of Agriculture and
1060 Consumer Services has rulemaking authority to adopt rules
1061 establishing the best management practices contemplated by this
1062 section for this state’s agricultural industry. Such rules must
1063 incorporate provisions for a notice of intent to implement the
1064 practices and a system to assure the implementation of the
1065 practices, including recordkeeping requirements.
1066 (4) VOLUNTARY IMPLEMENTATION.—Notwithstanding any law to
1067 the contrary, the implementation of the best management
1068 practices contemplated by this section is voluntary. Except as
1069 specifically provided herein, an agency, department, district,
1070 or any unit of local government may not adopt or enforce any
1071 ordinance, resolution, regulation, rule, or policy regarding the
1072 best management practices on land classified as agricultural
1073 land pursuant to s. 193.461.
1074 Section 11. Section 570.64, Florida Statutes, is created to
1075 read:
1076 570.64 Division of Food, Nutrition, and Wellness.—
1077 (1) The duties of the Division of Food, Nutrition, and
1078 Wellness include, but are not limited to, administering and
1079 enforcing the powers and responsibilities of the division
1080 prescribed in chapter 595 and the rules adopted thereunder.
1081 (2) The director of the division shall be appointed by, and
1082 serve at the pleasure of, the commissioner. The director shall
1083 supervise, direct, and coordinate activities of the division,
1084 exercise such powers and duties as authorized by the
1085 commissioner, enforce the provisions of chapter 595 and the
1086 rules adopted thereunder, and any other powers and duties as
1087 authorized by the department.
1088 Section 12. Section 570.902, Florida Statutes, is amended
1089 to read:
1090 570.902 Definitions; ss. 570.902 and 570.903.—For the
1091 purpose of this section ss. 570.902 and s. 570.903:
1092 (1) “Designated program” means the specific departmental
1093 program which a direct-support organization has been created to
1094 support.
1095 (2) “Direct-support organization” or “organization” means
1096 an organization which is a Florida corporation not for profit
1097 incorporated under the provisions of chapter 617 and approved by
1098 the department to operate for the benefit of a museum or a
1099 specific departmental program.
1100 (3) “Museum” means the Florida Agricultural Museum which is
1101 designated as the museum for agriculture and rural history of
1102 the State of Florida.
1103 Section 13. Section 570.903, Florida Statutes, is amended
1104 to read:
1105 570.903 Direct-support organization.—
1106 (1) The department may authorize When the Legislature
1107 authorizes the establishment of a direct-support organizations
1108 organization to provide assistance, funding, and promotional
1109 support for the museums, the Florida Agriculture in the
1110 Classroom Program, the Florida State Collection of Arthropods,
1111 the Friends of the Florida State Forests Program of the Florida
1112 Forest Service, the Forestry Arson Alert Program, and other
1113 programs of the department., The following provisions shall
1114 govern the creation, use, powers, and duties of the direct
1115 support organizations organization:
1116 (a) The department shall enter into a memorandum or letter
1117 of agreement with the direct-support organization, which shall
1118 specify the approval of the department, the powers and duties of
1119 the direct-support organization, and rules with which the
1120 direct-support organization must comply.
1121 (b) The department may authorize permit, without charge,
1122 appropriate use of property, facilities, and personnel of the
1123 department by the a direct-support organization, subject to ss.
1124 570.902 and 570.903. The use shall be for directly in keeping
1125 with the approved purposes of the direct-support organization
1126 and may not be made at times or places that would unreasonably
1127 interfere with opportunities for the general public to use
1128 department facilities for established purposes.
1129 (c) The department shall prescribe by agreement contract or
1130 by rule conditions with which the a direct-support organization
1131 must comply in order to use property, facilities, or personnel
1132 of the department or museum. Such conditions rules shall provide
1133 for budget and audit review and oversight by the department.
1134 (d) The department may not authorize permit the use of
1135 property, facilities, or personnel of the museum, department, or
1136 designated program by the a direct-support organization that
1137 does not provide equal employment opportunities to all persons
1138 regardless of race, color, religion, sex, age, or national
1139 origin.
1140 (2)(a) The direct-support organization may shall be
1141 empowered to conduct programs and activities; raise funds;
1142 request and receive grants, gifts, and bequests of money;
1143 acquire, receive, hold, invest, and administer, in its own name,
1144 securities, funds, objects of value, or other property, real or
1145 personal; and make expenditures to or for the direct or indirect
1146 benefit of the museum or designated program.
1147 (b) Notwithstanding the provisions of s. 287.057, the
1148 direct-support organization may enter into contracts or
1149 agreements with or without competitive bidding for the
1150 restoration of objects, historical buildings, and other
1151 historical materials or for the purchase of objects, historical
1152 buildings, and other historical materials which are to be added
1153 to the collections of the museum, or benefit the designated
1154 program. However, before the direct-support organization may
1155 enter into a contract or agreement without competitive bidding,
1156 the direct-support organization shall file a certification of
1157 conditions and circumstances with the internal auditor of the
1158 department justifying each contract or agreement.
1159 (b)(c) Notwithstanding the provisions of s. 287.025(1)(e),
1160 the direct-support organization may enter into contracts to
1161 insure property of the museum or designated programs and may
1162 insure objects or collections on loan from others in satisfying
1163 security terms of the lender.
1164 (3) The direct-support organization shall provide for an
1165 annual financial audit in accordance with s. 215.981.
1166 (4) A department employee, direct-support organization or
1167 museum employee, volunteer, or director, or Neither a designated
1168 program or a museum, nor a nonprofit corporation trustee or
1169 employee may not:
1170 (a) Receive a commission, fee, or financial benefit in
1171 connection with the sale or exchange of real or personal
1172 property or historical objects or properties to the direct
1173 support organization, the museum, or the designated program; or
1174 (b) Be a business associate of any individual, firm, or
1175 organization involved in the sale or exchange of real or
1176 personal property to the direct-support organization, the
1177 museum, or the designated program.
1178 (5) All moneys received by the direct-support organization
1179 shall be deposited into an account of the direct-support
1180 organization and shall be used by the organization in a manner
1181 consistent with the goals of the museum or designated program.
1182 (6) The identity of a donor or prospective donor who
1183 desires to remain anonymous and all information identifying such
1184 donor or prospective donor are confidential and exempt from the
1185 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1186 Constitution.
1187 (7) The Commissioner of Agriculture, or the commissioner’s
1188 designee, may serve on the board of trustees and the executive
1189 committee of any direct-support organization established to
1190 benefit the museum or any designated program.
1191 (8) The department may terminate its agreement with a
1192 direct-support organization at any time if the department
1193 determines that the direct-support organization no longer meets
1194 the objectives of this section The department shall establish by
1195 rule archival procedures relating to museum artifacts and
1196 records. The rules shall provide procedures which protect the
1197 museum’s artifacts and records equivalent to those procedures
1198 which have been established by the Department of State under
1199 chapters 257 and 267.
1200 (9) Upon termination of the direct-support organization,
1201 the assets of the direct-support organization shall be
1202 distributed pursuant to its articles of incorporation or by-laws
1203 or, if not provided for, to the department.
1204 Section 14. Subsection (3) of section 576.051, Florida
1205 Statutes, is amended to read:
1206 576.051 Inspection, sampling, analysis.—
1207 (3) The official analysis shall be made from the official
1208 sample. The department, before making the official analysis,
1209 shall take a sufficient portion from the official sample for
1210 check analysis and place that portion in a bottle sealed and
1211 identified by number, date, and the preparer’s initials. The
1212 official check sample shall be kept until the analysis of the
1213 official sample is completed. However, the licensee may obtain
1214 upon request a portion of the official check sample. Upon
1215 completion of the analysis of the official sample, a true copy
1216 of the fertilizer analysis report shall be mailed to the
1217 licensee of the fertilizer from whom the official sample was
1218 taken and to the dealer or agent, if any, and purchaser, if
1219 known. This fertilizer analysis report shall show all
1220 determinations of plant nutrient and pesticides. If the official
1221 analysis conforms with the provisions of this law, the official
1222 check sample may be destroyed. If the official analysis does not
1223 conform with the provisions of this law, the official check
1224 sample shall be retained for a period of 90 days from the date
1225 of the fertilizer analysis report of the official sample. If
1226 within that time the licensee of the fertilizer from whom the
1227 official sample was taken, upon receipt of the fertilizer
1228 analysis report, makes written demand for analysis of the
1229 official check sample by a referee chemist, a portion of the
1230 official check sample sufficient for analysis shall be sent to a
1231 referee chemist who is mutually acceptable to the department and
1232 the licensee for analysis at the expense of the licensee. The
1233 referee chemist, upon completion of the analysis, shall forward
1234 to the department and to the licensee a fertilizer analysis
1235 report bearing a proper identification mark or number; and the
1236 fertilizer analysis report shall be verified by an affidavit of
1237 the person making the analysis. If the results reported on the
1238 fertilizer analysis report agree within the matching criteria
1239 defined in department rule checks within three-tenths of 1
1240 actual percent with the department’s analysis on each element
1241 for which analysis was made, the mean average of the two
1242 analyses shall be accepted as final and binding on all
1243 concerned. However, if the referee’s fertilizer analysis report
1244 results do not agree within the matching criteria defined in
1245 department rule with shows a variation of greater than three
1246 tenths of 1 actual percent from the department’s analysis in any
1247 one or more elements for which an analysis was made, upon demand
1248 of either the department or the licensee from whom the official
1249 sample was taken, a portion of the official check sample
1250 sufficient for analysis shall be submitted to a second referee
1251 chemist who is mutually acceptable to the department and to the
1252 licensee from whom the official sample was taken, at the expense
1253 of the party or parties requesting the referee analysis. If no
1254 demand is made for an analysis by a second referee chemist, the
1255 department’s fertilizer analysis report shall be accepted as
1256 final and binding on all concerned. The second referee chemist,
1257 upon completion of the analysis, shall make a fertilizer
1258 analysis report as provided in this subsection for the first
1259 referee chemist. The mean average of the two analyses nearest in
1260 conformity to each other shall be accepted as final and binding
1261 on all concerned.
1262 Section 15. Subsection (1) of section 576.061, Florida
1263 Statutes, is amended to read:
1264 576.061 Plant nutrient investigational allowances,
1265 deficiencies, and penalties.—
1266 (1) A commercial fertilizer is deemed deficient if the
1267 analysis of any nutrient is below the guarantee by an amount
1268 exceeding the investigational allowances. The department shall
1269 adopt rules, which shall take effect on July 1, 2014, that
1270 establish the investigational allowances used to determine
1271 whether a fertilizer is deficient in plant food.
1272 (a) Effective July 1, 2014, this paragraph and paragraphs
1273 (b)-(f) are repealed. Until July 1, 2014, investigational
1274 Investigational allowances are set as follows:
1275 (b)(a) Primary plant nutrients; investigational
1276 allowances.—
1277 GuaranteedPercent TotalNitrogenPercentAvailablePhosphatePercentPotashPercent
1278
1279 04 or less 0.49 0.67 0.41
1280 05 0.51 0.67 0.43
1281 06 0.52 0.67 0.47
1282 07 0.54 0.68 0.53
1283 08 0.55 0.68 0.60
1284 09 0.57 0.68 0.65
1285 10 0.58 0.69 0.70
1286 12 0.61 0.69 0.79
1287 14 0.63 0.70 0.87
1288 16 0.67 0.70 0.94
1289 18 0.70 0.71 1.01
1290 20 0.73 0.72 1.08
1291 22 0.75 0.72 1.15
1292 24 0.78 0.73 1.21
1293 26 0.81 0.73 1.27
1294 28 0.83 0.74 1.33
1295 30 0.86 0.75 1.39
1296 32 or more 0.88 0.76 1.44
1297 For guarantees not listed, calculate the appropriate value by
1298 interpolation.
1299 (c)(b) Nitrogen investigational allowances.—
1300 Nitrogen Breakdown Investigational AllowancesPercent
1301
1302 Nitrate nitrogen 0.40
1303 Ammoniacal nitrogen 0.40
1304 Water soluble nitrogenor urea nitrogen 0.40
1305 Water insoluble nitrogen 0.30
1306 In no case may the investigational allowance exceed 50 percent
1307 of the amount guaranteed.
1308 (d)(c) Secondary and micro plant nutrients, total or
1309 soluble.—
1310 Element Investigational Allowances Percent
1311
1312 Calcium 0.2 unit+5 percent of guarantee
1313 Magnesium 0.2 unit+5 percent of guarantee
1314 Sulfur (free and combined) 0.2 unit+5 percent of guarantee
1315 Boron 0.003 unit+15 percent of guarantee
1316 Cobalt 0.0001 unit+30 percent of guarantee
1317 Chlorine 0.005 unit+10 percent of guarantee
1318 Copper 0.005 unit+10 percent of guarantee
1319 Iron 0.005 unit+10 percent of guarantee
1320 Manganese 0.005 unit+10 percent of guarantee
1321 Molybdenum 0.0001 unit+30 percent of guarantee
1322 Sodium 0.005 unit+10 percent of guarantee
1323 Zinc 0.005 unit+10 percent of guarantee
1324 The maximum allowance for secondary and minor elements when
1325 calculated in accordance with this section is 1 unit (1
1326 percent). In no case, however, may the investigational allowance
1327 exceed 50 percent of the amount guaranteed.
1328 (e)(d) Liming materials and gypsum.—
1329 Range Percent Investigational AllowancesPercent
1330
1331 0-10 0.30
1332 Over 10-25 0.40
1333 Over 25 0.50
1334 (f)(e) Pesticides in fertilizer mixtures.—An
1335 investigational allowance of 25 percent of the guarantee shall
1336 be allowed on all pesticides when added to custom blend
1337 fertilizers.
1338 Section 16. Subsection (2) of section 576.181, Florida
1339 Statutes, is amended to read:
1340 576.181 Administration; rules; procedure.—
1341 (2) The department may adopt rules is authorized, by rule,
1342 to implement, make specific, and interpret the provisions of
1343 this chapter, and specifically to determine the composition and
1344 uses of fertilizer as defined in this chapter, including, but
1345 not limited to without limiting the foregoing general terms, the
1346 taking and handling of samples, the establishment of
1347 investigational allowances, deficiencies, matching criteria for
1348 referee analysis, and penalties where not specifically provided
1349 for in this chapter; to prohibit the sale or use in fertilizer
1350 of any material proven to be detrimental to agriculture, public
1351 health, or the environment, or of questionable value; to provide
1352 for the incorporation into fertilizer of such other substances
1353 as pesticides and proper labeling of such mixture; and to
1354 prescribe the information which shall appear on the label other
1355 than specifically set forth in this chapter.
1356 Section 17. Section 585.61, Florida Statutes, is amended to
1357 read:
1358 585.61 Animal disease diagnostic laboratory laboratories.—
1359 (1) There is hereby created and established an animal
1360 disease diagnostic laboratory in Osceola County and Suwannee
1361 County. The laboratory complex in Osceola County is designated
1362 as the “Bronson Animal Disease Diagnostic Laboratory.”
1363 (2) The construction and operation of all the laboratory
1364 laboratories established by this section shall be under the
1365 supervision and control of the department. It shall be the duty
1366 of the department to operate the laboratory these laboratories
1367 in an efficient manner so that any person who maintains animals
1368 in this state may obtain prompt reliable diagnosis of animal
1369 diseases, including any disease which may affect poultry eggs,
1370 in this state, and recommendations for the control and
1371 eradication of such diseases, to the end that diseases of
1372 animals may be reduced and controlled, and eradicated when
1373 possible.
1374 (3) Any person who maintains animals in the state may use
1375 the services of the laboratory laboratories under the terms of
1376 this section and the rules adopted for such use by the
1377 department. The department shall require any user of its
1378 services to pay a fee not to exceed $300 for any one of the
1379 services requested. All laboratory fees collected shall be
1380 deposited in the Animal Industry Diagnostic Laboratory Account
1381 within the General Inspection Trust Fund. The fees collected
1382 shall be used to improve the diagnostic laboratory services as
1383 provided for by the Legislature in the General Appropriations
1384 Act.
1385 Section 18. Paragraph (f) of subsection (3) of section
1386 586.10, Florida Statutes, is amended to read:
1387 586.10 Powers and duties of department; preemption of local
1388 government ordinances.—
1389 (3) The department may:
1390 (f) Inspect or cause to be inspected all apiaries in the
1391 state at such intervals as it may deem best and keep a complete,
1392 accurate, and current list of all inspected apiaries to include
1393 the:
1394 1. Name of the apiary.
1395 2. Name of the owner of the apiary.
1396 3. Mailing address of the apiary owner.
1397 4. Location of the apiary.
1398 5. Number of hives in the apiary.
1399 6. Pest problems associated with the apiary.
1400 7. Brands used by beekeepers where applicable.
1401
1402 Notwithstanding s. 112.313, an apiary inspector may be a
1403 certified beekeeper as long as the inspector does not inspect
1404 his or her own apiary.
1405 Section 19. Subsection (3) is added to section 586.15,
1406 Florida Statutes, to read:
1407 586.15 Penalty for violation.—
1408 (3) In addition to the penalties provided in this section
1409 and in chapter 500, the Department of Agriculture and Consumer
1410 Services may collect costs related to enforcing prohibitions
1411 against the adulteration or misbranding of honey. All costs
1412 shall be deposited into the General Inspection Trust Fund.
1413 Section 20. Section 589.02, Florida Statutes, is amended to
1414 read:
1415 589.02 Headquarters and meetings of council.—The official
1416 headquarters of the council shall be in Tallahassee, but it may
1417 hold meetings at such other places in the state as it may
1418 determine by resolutions or as may be selected by a majority of
1419 the members of the council in any call for a meeting. The annual
1420 meeting of the council shall be held on the first Monday in
1421 October of each year. Special meetings may be called at any time
1422 by the chair or upon the written request of a majority of the
1423 members. The council shall annually elect from its members a
1424 chair, a vice chair, and a secretary. The election shall be held
1425 at the annual meeting of the council. A majority of the members
1426 of the council shall constitute a quorum for such purposes.
1427 Section 21. Subsection (4) of section 589.19, Florida
1428 Statutes, is amended to read:
1429 589.19 Creation of certain state forests; naming of certain
1430 state forests; Operation Outdoor Freedom Program.—
1431 (4)(a) To honor the nation’s disabled veterans and injured
1432 active duty servicemembers, the Florida Forest Service shall
1433 coordinate efforts to develop an Operation Outdoor Freedom
1434 Program to provide hunting and other activities for eligible
1435 veterans and servicemembers in designated state forest areas and
1436 on designated public and private lands. The Legislature finds it
1437 to be in the public interest for the Florida Forest Service to
1438 develop partnerships with the Fish and Wildlife Conservation
1439 Commission and other public and private organizations in order
1440 to provide the needed resources and funding to make the program
1441 successful The Florida Forest Service shall designate one or
1442 more areas of state forests as an “Operation Outdoor Freedom
1443 Special Hunt Area” to honor wounded veterans and servicemembers.
1444 The purpose of such designated areas is to provide special
1445 outdoor recreational opportunities for eligible veterans and
1446 servicemembers.
1447 (b) Participation in the Operation Outdoor Freedom Program
1448 shall be limited to Florida residents, as defined in s.
1449 379.101(30)(b), The Florida Forest Service shall limit guest
1450 admittance to such designated areas to any person who:
1451 1. Are honorably discharged military veterans certified by
1452 the United States Department of Veterans Affairs or its
1453 predecessor or by any branch of the United States Armed Forces
1454 to be at least 30 percent permanently service-connected disabled
1455 Is an active duty member of any branch of the United States
1456 Armed Forces and has a combat-related injury as determined by
1457 his or her branch of the United States Armed Forces; or
1458 2. Have been awarded the Military Order of the Purple
1459 Heart; or Is a veteran who served during a period of wartime
1460 service as defined in s. 1.01(14) or peacetime service as
1461 defined in s. 296.02 and:
1462 a. Has a service-connected disability as determined by the
1463 United States Department of Veterans Affairs; or
1464 b. Was discharged or released from military service because
1465 of a disability acquired or aggravated while serving on active
1466 duty
1467 3. Are active duty servicemembers with a service-connected
1468 injury as determined by his or her branch of the United States
1469 Armed Forces.
1470
1471 Proof of eligibility under this subsection, as prescribed by the
1472 Florida Forest Service, may be required.
1473 (c) Notwithstanding the eligibility requirements for
1474 program participation in paragraph (b), guided or unguided
1475 invitation-only activities may be conducted as part of the
1476 Operation Outdoor Freedom Program for injured or disabled
1477 veterans and injured or disabled active duty servicemembers of
1478 any branch of the United States Armed Forces in designated state
1479 forest areas and on designated public and private lands. The
1480 Florida Forest Service may grant admittance to such designated
1481 areas and lands to a person who is not an eligible veteran or
1482 servicemember for the sole purpose purposes of accompanying an
1483 eligible veteran or servicemember who requires the person’s
1484 assistance to use such designated areas and lands.
1485 (d) The Florida Forest Service may cooperate with state and
1486 federal agencies, local governments, private landowners, and
1487 other entities in connection with the Operation Outdoor Freedom
1488 Program. Donations to the Operation Outdoor Freedom Program
1489 Funding required for specialized accommodations shall be
1490 deposited into the account of provided through the Friends of
1491 Florida State Forests Program created under s. 589.012 and used
1492 for Operation Outdoor Freedom Program activities.
1493 (e)1. A private landowner who provides land for designation
1494 and use as an Operation Outdoor Freedom Program hunting site
1495 shall have limited liability pursuant to s. 375.251.
1496 2. A private landowner who consents to the designation and
1497 use of land as part of the Operation Outdoor Freedom Program
1498 without compensation shall be considered a volunteer, as defined
1499 in s. 110.501, and shall be covered by state liability
1500 protection pursuant to s. 768.28, including s. 768.28(9).
1501 3. This subsection does not:
1502 a. Relieve any person of liability that would otherwise
1503 exist for deliberate, willful, or malicious injury to persons or
1504 property.
1505 b. Create or increase the liability of any person.
1506 (f) The Legislature shall designate the second Saturday of
1507 each November as Operation Outdoor Freedom Day.
1508 (g)(e) The Florida Forest Service may adopt rules to
1509 administer this subsection.
1510 Section 22. Section 589.30, Florida Statutes, is amended to
1511 read:
1512 589.30 Duty of district or center manager forester.—It
1513 shall be the duty of the district or center manager forester to
1514 direct all work in accordance with the law and regulations of
1515 the Florida Forest Service; gather and disseminate information
1516 in the management of commercial timber, including establishment,
1517 protection and utilization; and assist in the development and
1518 use of forest lands for outdoor recreation, watershed
1519 protection, and wildlife habitat. The district or center manager
1520 forester or his or her representative shall provide
1521 encouragement and technical assistance to individuals and urban
1522 and county officials in the planning, establishment, and
1523 management of trees and plant associations to enhance the beauty
1524 of the urban and suburban environment and meet outdoor
1525 recreational needs.
1526 Section 23. Subsections (1), (2), (3), (7), and (10) of
1527 section 590.02, Florida Statutes, are amended to read:
1528 590.02 Florida Forest Service; powers, authority, and
1529 duties; liability; building structures; Florida Center for
1530 Wildfire and Forest Resources Management Training.—
1531 (1) The Florida Forest Service has the following powers,
1532 authority, and duties:
1533 (a) To enforce the provisions of this chapter;
1534 (b) To prevent, detect, and suppress, and extinguish
1535 wildfires wherever they may occur on public or private land in
1536 this state and to do all things necessary in the exercise of
1537 such powers, authority, and duties;
1538 (c) To provide firefighting crews, who shall be under the
1539 control and direction of the Florida Forest Service and its
1540 designated agents;
1541 (d) To appoint center managers, forest area supervisors,
1542 forestry program administrators, a forest protection bureau
1543 chief, a forest protection assistant bureau chief, a field
1544 operations bureau chief, deputy chiefs of field operations,
1545 district managers, forest operations administrators, senior
1546 forest rangers, investigators, forest rangers, firefighter
1547 rotorcraft pilots, and other employees who may, at the Florida
1548 Forest Service’s discretion, be certified as forestry
1549 firefighters pursuant to s. 633.35(4). Other provisions of law
1550 notwithstanding, center managers, district managers, forest
1551 protection assistant bureau chief, and deputy chiefs of field
1552 operations shall have Selected Exempt Service status in the
1553 state personnel designation;
1554 (e) To develop a training curriculum for forestry
1555 firefighters which must contain the basic volunteer structural
1556 fire training course approved by the Florida State Fire College
1557 of the Division of State Fire Marshal and a minimum of 250 hours
1558 of wildfire training;
1559 (f) To make rules to accomplish the purposes of this
1560 chapter;
1561 (g) To provide fire management services and emergency
1562 response assistance and to set and charge reasonable fees for
1563 performance of those services. Moneys collected from such fees
1564 shall be deposited into the Incidental Trust Fund of the Florida
1565 Forest Service; and
1566 (h) To require all state, regional, and local government
1567 agencies operating aircraft in the vicinity of an ongoing
1568 wildfire to operate in compliance with the applicable state
1569 Wildfire Aviation Plan; and
1570 (i) To authorize broadcast burning, prescribed burning,
1571 pile burning, and land clearing debris burning to carry out the
1572 duties of this chapter and the rules adopted thereunder.
1573 (2) The Florida Forest Service’s employees, and the
1574 firefighting crews under their control and direction, may enter
1575 upon any lands for the purpose of preventing, detecting, and
1576 suppressing wildfires and investigating smoke complaints or open
1577 burning not in compliance with authorization and to enforce the
1578 provisions of this chapter.
1579 (3) Employees of the Florida Forest Service and of federal,
1580 state, and local agencies, and all other persons and entities
1581 that are under contract or agreement with the Florida Forest
1582 Service to assist in firefighting operations as well as those
1583 entities, called upon by the Florida Forest Service to assist in
1584 firefighting may, in the performance of their duties, set
1585 counterfires, remove fences and other obstacles, dig trenches,
1586 cut firelines, use water from public and private sources, and
1587 carry on all other customary activities in the fighting of
1588 wildfires without incurring liability to any person or entity.
1589 The manner in which the Florida Forest Service monitors a
1590 smoldering wildfire, smoldering prescribed fire, or fights any
1591 wildfire are planning level activities for which sovereign
1592 immunity applies and is not waived.
1593 (7) The Florida Forest Service may organize, staff, equip,
1594 and operate the Florida Center for Wildfire and Forest Resources
1595 Management Training Center. The center shall serve as a site
1596 where fire and forest resource managers can obtain current
1597 knowledge, techniques, skills, and theory as they relate to
1598 their respective disciplines.
1599 (a) The center may establish cooperative efforts involving
1600 federal, state, and local entities; hire appropriate personnel;
1601 and engage others by contract or agreement with or without
1602 compensation to assist in carrying out the training and
1603 operations of the center.
1604 (b) The center shall provide wildfire suppression training
1605 opportunities for rural fire departments, volunteer fire
1606 departments, and other local fire response units.
1607 (c) The center will focus on curriculum related to, but not
1608 limited to, fuel reduction, an incident management system,
1609 prescribed burning certification, multiple-use land management,
1610 water quality, forest health, environmental education, and
1611 wildfire suppression training for structural firefighters.
1612 (d) The center may assess appropriate fees for food,
1613 lodging, travel, course materials, and supplies in order to meet
1614 its operational costs and may grant free meals, room, and
1615 scholarships to persons and other entities in exchange for
1616 instructional assistance.
1617 (e) An advisory committee consisting of the following
1618 individuals or their designees must review program curriculum,
1619 course content, and scheduling: the director of the Florida
1620 Forest Service; the assistant director of the Florida Forest
1621 Service; the director of the School of Forest Resources and
1622 Conservation of the University of Florida; the director of the
1623 Division of Recreation and Parks of the Department of
1624 Environmental Protection; the director of the Division of the
1625 State Fire Marshal; the director of the Florida Chapter of The
1626 Nature Conservancy; the executive vice president of the Florida
1627 Forestry Association; the president of the Florida Farm Bureau
1628 Federation; the executive director of the Fish and Wildlife
1629 Conservation Commission; the executive director of a water
1630 management district as appointed by the Commissioner of
1631 Agriculture; the supervisor of the National Forests in Florida;
1632 the president of the Florida Fire Chief’s Association; and the
1633 executive director of the Tall Timbers Research Station.
1634 (10)(a) Notwithstanding the provisions of s. 252.38, the
1635 Florida Forest Service has exclusive authority to require and
1636 issue authorizations for broadcast burning and agricultural and
1637 silvicultural pile burning. An agency, commission, department,
1638 county, municipality, or other political subdivision of the
1639 state may not adopt or enforce laws, regulations, rules, or
1640 policies pertaining to broadcast burning or agricultural and
1641 silvicultural pile burning unless an emergency order is declared
1642 in accordance with s. 252.38(3).
1643 (b) The Florida Forest Service may delegate to a county, or
1644 municipality, or special district its authority:,
1645 1. As delegated by the Department of Environmental
1646 Protection pursuant to ss. 403.061(28) and 403.081, to manage
1647 and enforce regulations pertaining to require and issue
1648 authorizations for the burning of yard trash and debris from
1649 land clearing operations in accordance with s. 590.125(6).
1650 2. To manage the open burning of land clearing debris in
1651 accordance with s. 590.125.
1652 Section 24. Subsection (1) of section 590.11, Florida
1653 Statutes, is amended to read:
1654 590.11 Recreational fires.—
1655 (1) It is unlawful for any individual or group of
1656 individuals to build a warming fire, bonfire, or campfire and
1657 leave it unattended while visible flame, smoke, or emissions
1658 exist unextinguished.
1659 Section 25. Subsections (1) and (2), paragraphs (b) and (c)
1660 of subsection (3), and paragraph (a) of subsection (4) of
1661 section 590.125, Florida Statutes, are amended to read:
1662 590.125 Open burning authorized by the Florida Forest
1663 Service.—
1664 (1) DEFINITIONS.—As used in this section, the term:
1665 (a) “Certified pile burner” means an individual who
1666 successfully completes the pile burning certification program of
1667 the Florida Forest Service and possesses a valid pile burner
1668 certification number.
1669 (b) “Certified pile burning” means a pile burn conducted in
1670 accordance with a written pile burning plan by a certified pile
1671 burner.
1672 (c)(b) “Certified prescribed burn manager” means an
1673 individual who successfully completes the certified prescribed
1674 burning program of the Florida Forest Service and possesses a
1675 valid certification number.
1676 (d) “Certified prescribed burning” means prescribed burning
1677 in accordance with a written prescription conducted by a
1678 certified prescribed burn manager.
1679 (e) “Contained” means that fire and smoldering exist
1680 entirely within established or natural firebreaks.
1681 (f)(c) “Completed” “Extinguished” means that for:
1682 1. Broadcast burning, no continued lateral movement of fire
1683 across the authorized area into entirely unburned fuels within
1684 the authorized area Wildland burning or certified prescribed
1685 burning, no spreading flames exist.
1686 2. Certified pile Vegetative land-clearing debris burning
1687 or pile burning, no visible flames exist.
1688 3. Certified pile Vegetative land-clearing debris burning
1689 or pile burning in an area designated as smoke sensitive by the
1690 Florida Forest Service, no visible flames, smoke, or emissions
1691 exist.
1692 (g) “Gross negligence” means conduct so reckless or wanting
1693 in care that it constitutes a conscious disregard or
1694 indifference to the life, safety, or rights of persons exposed
1695 to such conduct.
1696 (d) “Land-clearing operation” means the uprooting or
1697 clearing of vegetation in connection with the construction of
1698 buildings and rights-of-way, land development, and mineral
1699 operations. The term does not include the clearing of yard
1700 trash.
1701 (h)(e) “Pile burning” means the burning of silvicultural,
1702 agricultural, or land-clearing, or and tree-cutting debris
1703 originating onsite, which is stacked together in a round or
1704 linear fashion, including, but not limited to, a windrow. Pile
1705 burning authorized by the Florida Forest Service is a temporary
1706 procedure, which operates on the same site for 6 months or less.
1707 (i) “Pile burn plan” means a written plan establishing the
1708 method of conducting a certified pile burn.
1709 (j)(f) “Prescribed burning” means the controlled
1710 application of fire by broadcast burning in accordance with a
1711 written prescription for vegetative fuels under specified
1712 environmental conditions, while following appropriate
1713 precautionary measures to guard against the spread of fire
1714 beyond that ensure that the fire is confined to a predetermined
1715 area to accomplish the planned fire or land management
1716 objectives.
1717 (k)(g) “Prescription” means a written plan establishing the
1718 conditions and method for conducting criteria necessary for
1719 starting, controlling, and extinguishing a certified prescribed
1720 burn.
1721 (l) “Smoldering” means the continued consumption of fuels,
1722 which may emit flames and smoke, after a fire is contained.
1723 (m)(h) “Yard trash” means vegetative matter resulting from
1724 landscaping and yard maintenance operations and other such
1725 routine property cleanup activities. The term includes materials
1726 such as leaves, shrub trimmings, grass clippings, brush, and
1727 palm fronds.
1728 (2) NONCERTIFIED BURNING.—
1729 (a) Persons may be authorized to broadcast burn or pile
1730 burn wild land or vegetative land-clearing debris in accordance
1731 with this subsection if:
1732 1. There is specific consent of the landowner or his or her
1733 designee;
1734 2. Authorization has been obtained from the Florida Forest
1735 Service or its designated agent before starting the burn;
1736 3. There are adequate firebreaks at the burn site and
1737 sufficient personnel and firefighting equipment for the
1738 containment control of the fire;
1739 4. The fire remains within the boundary of the authorized
1740 area;
1741 5. The person named responsible in the burn authorization
1742 or a designee An authorized person is present at the burn site
1743 until the fire is completed extinguished;
1744 6. The Florida Forest Service does not cancel the
1745 authorization; and
1746 7. The Florida Forest Service determines that air quality
1747 and fire danger are favorable for safe burning.
1748 (b) A person who broadcast burns or pile burns wild land or
1749 vegetative land-clearing debris in a manner that violates any
1750 requirement of this subsection commits a misdemeanor of the
1751 second degree, punishable as provided in s. 775.082 or s.
1752 775.083.
1753 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1754 PURPOSE.—
1755 (b) Certified prescribed burning pertains only to broadcast
1756 burning for purposes of silviculture, wildland fire hazard
1757 reduction, wildlife management, ecological maintenance and
1758 restoration, and agriculture range and pasture management. It
1759 must be conducted in accordance with this subsection and:
1760 1. May be accomplished only when a certified prescribed
1761 burn manager is present on site with a copy of the prescription
1762 and directly supervises the certified prescribed burn until the
1763 burn is completed, after which the certified prescribed burn
1764 manager is not required to be present from ignition of the burn
1765 to its completion.
1766 2. Requires that a written prescription be prepared before
1767 receiving authorization to burn from the Florida Forest Service.
1768 a. A new prescription or authorization is not required for
1769 smoldering that occurs within the authorized burn area unless
1770 new ignitions are conducted by the certified prescribed burn
1771 manager.
1772 b. Monitoring the smoldering activity of a certified
1773 prescribed burn does not require a prescription or an additional
1774 authorization even if flames begin to spread within the
1775 authorized burn area due to ongoing smoldering.
1776 3. Requires that the specific consent of the landowner or
1777 his or her designee be obtained before requesting an
1778 authorization.
1779 4. Requires that an authorization to burn be obtained from
1780 the Florida Forest Service before igniting the burn.
1781 5. Requires that there be adequate firebreaks at the burn
1782 site and sufficient personnel and firefighting equipment to
1783 contain for the control of the fire within the authorized burn
1784 area.
1785 a. Fire spreading outside the authorized burn area on the
1786 day of the certified prescribed burn ignition does not
1787 constitute conclusive proof of inadequate firebreaks,
1788 insufficient personnel, or a lack of firefighting equipment.
1789 b. If the certified prescribed burn is contained within the
1790 authorized burn area during the authorized period, a strong
1791 rebuttable presumption shall exist that adequate firebreaks,
1792 sufficient personnel, and sufficient firefighting equipment were
1793 present.
1794 c. Continued smoldering of a certified prescribed burn
1795 resulting in a subsequent wildfire does not by itself constitute
1796 evidence of gross negligence under this section.
1797 6. Is considered to be in the public interest and does not
1798 constitute a public or private nuisance when conducted under
1799 applicable state air pollution statutes and rules.
1800 7. Is considered to be a property right of the property
1801 owner if vegetative fuels are burned as required in this
1802 subsection.
1803 (c) Neither A property owner or leaseholder, nor his or her
1804 agent, contractor, or legally authorized designee is not liable
1805 pursuant to s. 590.13 for damage or injury caused by the fire,
1806 including the reignition of a smoldering, previously contained
1807 burn, or resulting smoke or considered to be in violation of
1808 subsection (2) for burns conducted in accordance with this
1809 subsection, unless gross negligence is proven. The Florida
1810 Forest Service is not liable for burns for which it issues
1811 authorizations.
1812 (4) CERTIFIED PILE BURNING.—
1813 (a) Certified pile burning pertains to the disposal of
1814 piled, naturally occurring debris from an agricultural,
1815 silvicultural, or temporary land-clearing, or tree cutting
1816 debris originating on site operation. A land-clearing operation
1817 is temporary if it operates for 6 months or less. Certified pile
1818 burning must be conducted in accordance with the following:
1819 1. A certified pile burner must ensure, before ignition,
1820 that the piles are properly placed and that the content of the
1821 piles is conducive to efficient burning.
1822 2. A certified pile burner must ensure that the authorized
1823 burn is completed piles are properly extinguished no later than
1824 1 hour after sunset. If the burn is conducted in an area
1825 designated by the Florida Forest Service as smoke sensitive, a
1826 certified pile burner must ensure that the authorized burn is
1827 completed piles are properly extinguished at least 1 hour before
1828 sunset.
1829 3. A written pile burning plan must be prepared before
1830 receiving authorization from the Florida Forest Service to burn
1831 and must be on site and available for inspection by a department
1832 representative.
1833 4. The specific consent of the landowner or his or her
1834 agent must be obtained before requesting authorization to burn.
1835 5. An authorization to burn must be obtained from the
1836 Florida Forest Service or its designated agent before igniting
1837 the burn.
1838 6. There must be adequate firebreaks and sufficient
1839 personnel and firefighting equipment at the burn site to contain
1840 the burn to the piles authorized control the fire.
1841 Section 26. Section 590.25, Florida Statutes, is amended to
1842 read:
1843 590.25 Penalty for preventing or obstructing the
1844 prevention, detection, or suppression extinguishment of
1845 wildfires.—Whoever interferes shall interfere with, obstructs
1846 obstruct or commits commit any act aimed to obstruct the
1847 prevention, detection, or suppression extinguishment of
1848 wildfires by the employees of the Florida Forest Service or any
1849 other person engaged in the prevention, detection, or
1850 suppression extinguishment of a wildfire, or who damages or
1851 destroys any equipment being used for such purpose, commits
1852 shall be guilty of a felony of the third degree, punishable as
1853 provided in s. 775.082, s. 775.083, or s. 775.084.
1854 Section 27. Chapter 595, Florida Statutes, is created,
1855 shall consist of sections 595.401-595.701, Florida Statutes, and
1856 shall be entitled “School Food and Nutrition Services.”
1857 Section 28. Section 595.401, Florida Statutes, is created
1858 to read:
1859 595.401 Short title.—This chapter may be cited as the
1860 “Florida School Food and Nutrition Act.”
1861 Section 29. Section 595.402, Florida Statutes, is created
1862 to read:
1863 595.402 Definitions.—As used in this chapter, the term:
1864 (1) “Commissioner” means the Commissioner of Agriculture.
1865 (2) “Department” means the Department of Agriculture and
1866 Consumer Services.
1867 (3) “Program” means any one or more of the school food and
1868 nutrition service programs that the department has
1869 responsibility over including, but not limited to, the National
1870 School Lunch Program, the Special Milk Program, the School
1871 Breakfast Program, the Summer Food Service Program, the Fresh
1872 Fruit and Vegetable Program, and any other program that relates
1873 to school nutrition.
1874 (4) “School district” means any of the 67 county school
1875 districts, including the respective district school board.
1876 (5) “Sponsor” means any entity that is conducting a program
1877 under a current agreement with the department.
1878 Section 30. Section 595.403, Florida Statutes, is created
1879 to read:
1880 595.403 State policy.—The Legislature, in recognition of
1881 the demonstrated relationship between good nutrition and the
1882 capacity of students to develop and learn, declares that it is
1883 the policy of the state to provide standards for school food and
1884 nutrition services and to require each school district to
1885 establish and maintain an appropriate school food and nutrition
1886 service program consistent with the nutritional needs of
1887 students. To implement that policy, the state shall provide
1888 funds to meet the state National School Lunch Act matching
1889 requirements. The funds provided shall be distributed in such a
1890 manner as to comply with the requirements of the National School
1891 Lunch Act.
1892 Section 31. Section 570.98, Florida Statutes, is
1893 transferred, renumbered as section 595.404, Florida Statutes,
1894 and amended to read:
1895 595.404 570.98 School food and nutrition service program;
1896 powers and duties of the department programs.—
1897 (1) The department has the following powers and duties:
1898 shall
1899 (1) To conduct, supervise, and administer the program all
1900 school food and nutrition programs that will be carried out
1901 using federal or state funds, or funds from any other source.
1902 (2) To fully The department shall cooperate fully with the
1903 United States Government and its agencies and instrumentalities
1904 so that the department may receive the benefit of all federal
1905 financial allotments and assistance possible to carry out the
1906 purposes of this chapter.
1907 (3) To implement and adopt by rule, as required, federal
1908 regulations to maximize federal assistance for the program. The
1909 department may
1910 (4) To act as agent of, or contract with, the Federal
1911 Government, another state agency, or any county or municipal
1912 government, or sponsor for the administration of the program
1913 school food and nutrition programs, including the distribution
1914 of funds provided by the Federal Government to support the
1915 program school food and nutrition programs.
1916 (5) To make a reasonable effort to ensure that any school
1917 designated as a “severe need school” receives the highest rate
1918 of reimbursement to which it is entitled under 42 U.S.C. s. 1773
1919 for each breakfast meal served.
1920 (6) To develop and propose legislation necessary to
1921 implement the program, encourage the development of innovative
1922 school food and nutrition services, and expand participation in
1923 the program.
1924 (7) To annually allocate among the sponsors, as applicable,
1925 funds provided from the school breakfast supplement in the
1926 General Appropriations Act based on each district’s total number
1927 of free and reduced-price breakfast meals served.
1928 (8) To employ such persons as are necessary to perform its
1929 duties under this chapter.
1930 (9) To adopt rules covering the administration, operation,
1931 and enforcement of the program as well as to implement the
1932 provisions of this chapter.
1933 (10) To adopt and implement an appeal process by rule, as
1934 required by federal regulations, for applicants and participants
1935 under the program, notwithstanding s. 120.569 and ss. 120.57
1936 120.595.
1937 (11) To assist, train, and review each sponsor in its
1938 implementation of the program.
1939 (12) To advance funds from the program’s annual
1940 appropriation to sponsors, when requested, in order to implement
1941 the provisions of this chapter and in accordance with federal
1942 regulations.
1943 Section 32. Subsections (1) through (5) of section 570.981,
1944 Florida Statutes, are transferred, renumbered as section
1945 595.405, Florida Statutes, and amended to read:
1946 595.405 570.981 Program requirements for school districts
1947 and sponsors food service programs.—
1948 (1) In recognition of the demonstrated relationship between
1949 good nutrition and the capacity of students to develop and
1950 learn, it is the policy of the state to provide standards for
1951 school food service and to require district school boards to
1952 establish and maintain an appropriate private school food
1953 service program consistent with the nutritional needs of
1954 students.
1955 (2) The department shall adopt rules covering the
1956 administration and operation of the school food service
1957 programs.
1958 (1)(3) Each school district school board shall consider the
1959 recommendations of the district school superintendent and adopt
1960 policies to provide for an appropriate food and nutrition
1961 service program for students consistent with federal law and
1962 department rules rule.
1963 (4) The state shall provide the state National School Lunch
1964 Act matching requirements. The funds provided shall be
1965 distributed in such a manner as to comply with the requirements
1966 of the National School Lunch Act.
1967 (2)(5)(a) Each school district school board shall implement
1968 school breakfast programs that make breakfast meals available to
1969 all students in each elementary school. Universal school
1970 breakfast programs shall be offered in schools in which 80
1971 percent or more of the students are eligible for free or
1972 reduced-price meals. Each school shall, to the maximum extent
1973 practicable, make breakfast meals available to students at an
1974 alternative site location, which may include, but need not be
1975 limited to, alternative breakfast options as described in
1976 publications of the Food and Nutrition Service of the United
1977 States Department of Agriculture for the federal School
1978 Breakfast Program.
1979 (3)(b) Each school district must annually set prices for
1980 breakfast meals at rates that, combined with federal
1981 reimbursements and state allocations, are sufficient to defray
1982 costs of school breakfast programs without requiring allocations
1983 from the district’s operating funds, except if the district
1984 school board approves lower rates.
1985 (4)(c) Each school district school board is encouraged to
1986 provide universal-free school breakfast meals to all students in
1987 each elementary, middle, and high school. Each school district
1988 school board shall approve or disapprove a policy, after
1989 receiving public testimony concerning the proposed policy at two
1990 or more regular meetings, which makes universal-free school
1991 breakfast meals available to all students in each elementary,
1992 middle, and high school in which 80 percent or more of the
1993 students are eligible for free or reduced-price meals.
1994 (5)(d) Each elementary, middle, and high school shall make
1995 a breakfast meal available if a student arrives at school on the
1996 school bus less than 15 minutes before the first bell rings and
1997 shall allow the student at least 15 minutes to eat the
1998 breakfast.
1999 (6)(e) Each school district shall annually provide to all
2000 students in each elementary, middle, and high school information
2001 prepared by the district’s food service administration regarding
2002 its school breakfast programs. The information shall be
2003 communicated through school announcements and written notices
2004 notice sent to all parents.
2005 (7)(f) A school district school board may operate a
2006 breakfast program providing for food preparation at the school
2007 site or in central locations with distribution to designated
2008 satellite schools or any combination thereof.
2009 (8) Each sponsor shall complete all corrective action plans
2010 required by the department or a federal agency to be in
2011 compliance with the program.
2012 (g) The commissioner shall make every reasonable effort to
2013 ensure that any school designated as a “severe need school”
2014 receives the highest rate of reimbursement to which it is
2015 entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
2016 (h) The department shall annually allocate among the school
2017 districts funds provided from the school breakfast supplement in
2018 the General Appropriations Act based on each district’s total
2019 number of free and reduced-price breakfast meals served.
2020 Section 33. Subsection (6) of section 570.981, Florida
2021 Statutes, is transferred, renumbered as section 595.406, Florida
2022 Statutes, and amended to read:
2023 595.406 570.981 Florida Farm Fresh Schools Program School
2024 food service programs.—
2025 (6) The Legislature, recognizing that school children need
2026 nutritious food not only for healthy physical and intellectual
2027 development but also to combat diseases related to poor
2028 nutrition and obesity, establishes the Florida Farm Fresh
2029 Schools Program within the department. The program shall comply
2030 with the regulations of the National School Lunch Program and
2031 require:
2032 (1)(a) In order to implement the Florida Farm Fresh Schools
2033 Program, the department shall to develop policies pertaining to
2034 school food services which encourage:
2035 (a)1. Sponsors School districts to buy fresh and high
2036 quality foods grown in this state when feasible.
2037 (b)2. Farmers in this state to sell their products to
2038 sponsors, school districts, and schools.
2039 (c)3. Sponsors School districts and schools to demonstrate
2040 a preference for competitively priced organic food products.
2041 (d)(b) Sponsors School districts and schools to make
2042 reasonable efforts to select foods based on a preference for
2043 those that have maximum nutritional content.
2044 (2)(c) The department shall to provide outreach, guidance,
2045 and training to sponsors school districts, schools, school food
2046 service directors, parent and teacher organizations, and
2047 students about the benefit benefits of fresh food products from
2048 farms in this state.
2049 Section 34. Section 570.982, Florida Statutes, is
2050 transferred, renumbered as section 595.407, Florida Statutes,
2051 and amended to read:
2052 595.407 570.982 Children′s summer nutrition program.—
2053 (1) This section may be cited as the “Ms. Willie Ann Glenn
2054 Act.”
2055 (2) Each school district school board shall develop a plan
2056 to sponsor a summer nutrition program to operate sites in the
2057 school district as follows:
2058 (a) Within 5 miles of at least one elementary school at
2059 which 50 percent or more of the students are eligible for free
2060 or reduced-price school meals and for the duration of 35
2061 consecutive days.; and
2062 (b) Except as operated pursuant to paragraph (a), Within 10
2063 miles of each elementary school at which 50 percent or more of
2064 the students are eligible for free or reduced-price school
2065 meals, except as operated pursuant to paragraph (a).
2066 (3)(a) A school district school board may be exempt from
2067 sponsoring a summer nutrition program pursuant to this section.
2068 A school district school board seeking such exemption must
2069 include the issue on an agenda at a regular or special school
2070 district school board meeting that is publicly noticed, provide
2071 residents an opportunity to participate in the discussion, and
2072 vote on whether to be exempt from this section. The school
2073 district school board shall notify the department commissioner
2074 within 10 days after it decides to become exempt from this
2075 section.
2076 (b) Each year, the school district school board shall
2077 reconsider its decision to be exempt from the provisions of this
2078 section and shall vote on whether to continue the exemption from
2079 sponsoring a summer nutrition program. The school district
2080 school board shall notify the department commissioner within 10
2081 days after each subsequent year’s decision to continue the
2082 exemption.
2083 (c) If a school district school board elects to be exempt
2084 from sponsoring a summer nutrition program under this section,
2085 the school district school board may encourage not-for-profit
2086 entities to sponsor the program. If a not-for-profit entity
2087 chooses to sponsor the summer nutrition program but fails to
2088 perform with regard to the program, the district school board,
2089 the school district, and the department are not required to
2090 continue the program and shall be held harmless from any
2091 liability arising from the discontinuation of the summer
2092 nutrition program.
2093 (4) The superintendent of schools may collaborate with
2094 municipal and county governmental agencies and private, not-for
2095 profit leaders in implementing the plan. Although schools have
2096 proven to be the optimal site for a summer nutrition program,
2097 any not-for-profit entity may serve as a site or sponsor. By
2098 April 15 of each year, each school district with a summer
2099 nutrition program shall report to the department the district’s
2100 summer nutrition program sites in compliance with this section.
2101 (5) The department shall provide to each school district
2102 school board by February 15 of each year a list of local
2103 organizations that have filed letters of intent to participate
2104 in the summer nutrition program in order that a school district
2105 may school board is able to determine how many sites are needed
2106 to serve the children and where to place each site.
2107 Section 35. Section 570.072, Florida Statutes, is
2108 transferred and renumbered as section 595.408, Florida Statutes.
2109 Section 36. Section 595.501, Florida Statutes, is created
2110 to read:
2111 595.501 Penalties.—Any person, sponsor, or school district
2112 that violates any provision of this chapter or any rule adopted
2113 thereunder or otherwise does not comply with the program is
2114 subject to a suspension or revocation of their agreement, loss
2115 of reimbursement, or a financial penalty in accordance with
2116 federal or state law or both. This section does not restrict the
2117 applicability of any other law.
2118 Section 37. Section 570.983, Florida Statutes, is
2119 transferred, renumbered as section 595.601, Florida Statutes,
2120 and amended to read:
2121 595.601 570.983 Food and Nutrition Services Trust Fund.
2122 Chapter 99-37, Laws of Florida, recreated the Food and Nutrition
2123 Services Trust Fund to record revenue and disbursements of
2124 Federal Food and Nutrition funds received by the department as
2125 authorized in s. 595.405 570.981.
2126 Section 38. Section 570.984, Florida Statutes, is
2127 transferred and renumbered as section 595.701, Florida Statutes,
2128 to read:
2129 595.701 570.984 Healthy Schools for Healthy Lives Council.—
2130 (1) There is created within the Department of Agriculture
2131 and Consumer Services the Healthy Schools for Healthy Lives
2132 Council, which shall consist of 11 members appointed by the
2133 Commissioner of Agriculture. The council shall advise the
2134 department on matters relating to nutritional standards and the
2135 prevention of childhood obesity, nutrition education,
2136 anaphylaxis, and other needs to further the development of the
2137 various school nutrition programs.
2138 (2) The meetings, powers, duties, procedures, and
2139 recordkeeping of the Healthy Schools for Healthy Lives Council
2140 shall be governed by s. 570.0705, relating to advisory
2141 committees established within the department.
2142 Section 39. Subsection (16) of section 1001.42, Florida
2143 Statutes, is amended to read:
2144 1001.42 Powers and duties of district school board.—The
2145 district school board, acting as a board, shall exercise all
2146 powers and perform all duties listed below:
2147 (16) SCHOOL LUNCH PROGRAM.—Assume such responsibilities and
2148 exercise such powers and perform such duties as may be assigned
2149 to it by law or as may be required by rules of the Department of
2150 Agriculture and Consumer Services State Board of Education or,
2151 as in the opinion of the district school board, are necessary to
2152 ensure school lunch services, consistent with needs of students;
2153 effective and efficient operation of the program; and the proper
2154 articulation of the school lunch program with other phases of
2155 education in the district.
2156 Section 40. Subsection (1) of section 1003.453, Florida
2157 Statutes, is amended to read:
2158 1003.453 School wellness and physical education policies;
2159 nutrition guidelines.—
2160 (1) Each school district shall electronically submit to the
2161 Department of Education a copy of its local school wellness
2162 policy to the Department of Agriculture and Consumer Services as
2163 required by the Child Nutrition and WIC Reauthorization Act of
2164 2004 and a copy of its physical education policy required under
2165 s. 1003.455 to the Department of Education. Each school district
2166 shall annually review its local school wellness policy and
2167 physical education policy and provide a procedure for public
2168 input and revisions. In addition, each school district shall
2169 provide its revised local school send an updated copy of its
2170 wellness policy and revised physical education policy to the
2171 applicable department and to the Department of Agriculture and
2172 Consumer Services when a change or revision is made.
2173 Section 41. Sections 487.0615, 570.382, 570.97, and 590.50,
2174 Florida Statutes, are repealed.
2175 Section 42. Subsection (5) of section 487.041, Florida
2176 Statutes, is amended to read:
2177 487.041 Registration.—
2178 (5) The department shall provide summary information to the
2179 Pesticide Review Council regarding applications for registration
2180 of those pesticides for which data received in the registration
2181 process indicate that the pesticide, when used according to
2182 label instructions and precautions, may have a significant
2183 potential for adverse effects on human health or the
2184 environment. The council shall be kept apprised of the status of
2185 these applications while under review and of the final action by
2186 the Commissioner of Agriculture regarding the registration of
2187 these pesticides.
2188 Section 43. Paragraph (b) of subsection (8) of section
2189 550.2625, Florida Statutes, is amended to read:
2190 550.2625 Horseracing; minimum purse requirement, Florida
2191 breeders’ and owners’ awards.—
2192 (8)
2193 (b) The division shall deposit these collections to the
2194 credit of the General Inspection Trust Fund in a special account
2195 to be known as the “Florida Arabian Horse Racing Promotion
2196 Account.” The Department of Agriculture and Consumer Services
2197 shall administer the funds and adopt suitable and reasonable
2198 rules for the administration thereof. The moneys in the Florida
2199 Arabian Horse Racing Promotion Account shall be allocated solely
2200 for supplementing and augmenting purses and prizes and for the
2201 general promotion of owning and breeding of racing Arabian
2202 horses in this state; and the moneys may not be used to defray
2203 any expense of the Department of Agriculture and Consumer
2204 Services in the administration of this chapter, except that the
2205 moneys generated by Arabian horse registration fees received
2206 pursuant to s. 570.382 may be used as provided in paragraph
2207 (5)(b) of that section.
2208 Section 44. Paragraphs (b) and (c) of subsection (2) of
2209 section 550.2633, Florida Statutes, are amended to read:
2210 550.2633 Horseracing; distribution of abandoned interest in
2211 or contributions to pari-mutuel pools.—
2212 (2) All moneys or other property which has escheated to and
2213 become the property of the state as provided herein and which is
2214 held by a permitholder authorized to conduct pari-mutuel pools
2215 in this state shall be paid annually by the permitholder to the
2216 recipient designated in this subsection within 60 days after the
2217 close of the race meeting of the permitholder. Section 550.1645
2218 notwithstanding, the moneys shall be paid by the permitholder as
2219 follows:
2220 (b) Except as provided in paragraph (c), Funds from quarter
2221 horse races shall be paid to the Florida Quarter Horse Breeders
2222 and Owners Association and shall be allocated solely for
2223 supplementing and augmenting purses and prizes and for the
2224 general promotion of owning and breeding of racing quarter
2225 horses in this state, as provided for in s. 550.2625.
2226 (c) Funds for Arabian horse races conducted under a quarter
2227 horse racing permit shall be deposited into the General
2228 Inspection Trust Fund in a special account to be known as the
2229 “Florida Arabian Horse Racing Promotion Account” and shall be
2230 used for the payment of breeders’ awards and stallion awards as
2231 provided for in s. 570.382.
2232 Section 45. In order to effectuate the repeal of s. 570.97,
2233 Florida Statutes, and to honor the wishes of the donor, for the
2234 2013-2014 fiscal year, the sum of $59,239 in nonrecurring funds
2235 is appropriated to the Department of Agriculture and Consumer
2236 Services in the expenses appropriation category for deposit in
2237 the General Inspection Trust Fund to be used by the Division of
2238 Animal Industry for disbursement to Florida Animal Friend, Inc.
2239 Section 46. This act shall take effect upon becoming a law.