Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1628
                                Barcode 182562                          
       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.
  185  Be It Enacted by the Legislature of the State of Florida:
  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.
  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.
  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.
  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.
  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.
  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.
  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.
  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         570.087Best 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  
 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 
 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   
 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      
 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.
 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.
 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.
 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         595.405 570.981Program 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         595.406 570.981Florida 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.