Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. PCS (182562) for CS for SB 1628
Barcode 881910
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/22/2013 .
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The Committee on Appropriations (Montford) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (f) of subsection (5) of section
6 253.034, Florida Statutes, is amended to read:
7 253.034 State-owned lands; uses.—
8 (5) Each manager of conservation lands shall submit to the
9 Division of State Lands a land management plan at least every 10
10 years in a form and manner prescribed by rule by the board and
11 in accordance with the provisions of s. 259.032. Each manager of
12 conservation lands shall also update a land management plan
13 whenever the manager proposes to add new facilities or make
14 substantive land use or management changes that were not
15 addressed in the approved plan, or within 1 year of the addition
16 of significant new lands. Each manager of nonconservation lands
17 shall submit to the Division of State Lands a land use plan at
18 least every 10 years in a form and manner prescribed by rule by
19 the board. The division shall review each plan for compliance
20 with the requirements of this subsection and the requirements of
21 the rules established by the board pursuant to this section. All
22 land use plans, whether for single-use or multiple-use
23 properties, shall include an analysis of the property to
24 determine if any significant natural or cultural resources are
25 located on the property. Such resources include archaeological
26 and historic sites, state and federally listed plant and animal
27 species, and imperiled natural communities and unique natural
28 features. If such resources occur on the property, the manager
29 shall consult with the Division of State Lands and other
30 appropriate agencies to develop management strategies to protect
31 such resources. Land use plans shall also provide for the
32 control of invasive nonnative plants and conservation of soil
33 and water resources, including a description of how the manager
34 plans to control and prevent soil erosion and soil or water
35 contamination. Land use plans submitted by a manager shall
36 include reference to appropriate statutory authority for such
37 use or uses and shall conform to the appropriate policies and
38 guidelines of the state land management plan. Plans for managed
39 areas larger than 1,000 acres shall contain an analysis of the
40 multiple-use potential of the property, which analysis shall
41 include the potential of the property to generate revenues to
42 enhance the management of the property. Additionally, the plan
43 shall contain an analysis of the potential use of private land
44 managers to facilitate the restoration or management of these
45 lands. In those cases where a newly acquired property has a
46 valid conservation plan that was developed by a soil and
47 conservation district, such plan shall be used to guide
48 management of the property until a formal land use plan is
49 completed.
50 (f) In developing land management plans, at least one
51 public hearing shall be held in any one each affected county.
52 Section 2. Subsections (3), (4), and (5) of section
53 259.1052, Florida Statutes, are amended to read:
54 259.1052 Babcock Crescent B Ranch Florida Forever
55 acquisition; conditions for purchase.—
56 (3) The Legislature recognizes that the acquisition of the
57 state’s portion of the Babcock Crescent B Ranch represents a
58 unique opportunity to assist in preserving the largest private
59 and undeveloped single-ownership tract of land in Charlotte
60 County. The Legislature further recognizes Lee County as a
61 partner in the acquisition of the ranch. Upon the termination or
62 expiration of the management agreement, Lee County will retain
63 ownership and assume responsibility for management of the Lee
64 County portion of the acquisition. Lee County and the lead
65 manager may enter into an agreement for management of the Lee
66 County property.
67 (4) This section authorizes the acquisition of the state’s
68 portion of the Babcock Crescent B Ranch in order to protect and
69 preserve for future generations the scientific, scenic,
70 historic, and natural values of the ranch, including rivers and
71 ecosystems; to protect and preserve the archaeological,
72 geological, and cultural resources of the ranch; to provide for
73 species recovery; and to provide opportunities for public
74 recreation compatible with the working ranch and agricultural
75 activities conducted on the property.
76 (5) The Florida Forest Service of Fish and Wildlife
77 Conservation Commission and the Department of Agriculture and
78 Consumer Services shall, with the cooperation of the Fish and
79 Wildlife Conservation Commission, be the lead managing agency
80 agencies responsible for the management of Babcock Crescent B
81 Ranch.
82 Section 3. Subsection (1), paragraph (a) of subsection (2),
83 and paragraph (a) of subsection (3) of section 259.10521,
84 Florida Statutes, are amended to read:
85 259.10521 Citizen support organization; use of property.—
86 (1) DEFINITIONS.—For the purpose of this section, the
87 “citizen support organization” means an organization that is:
88 (a) A Florida corporation not for profit incorporated under
89 the provisions of chapter 617 and approved by the Department of
90 State;
91 (b) Organized and operated to conduct programs and
92 activities in the best interest of the state; raise funds;
93 request and receive grants, gifts, and bequests of money;
94 acquire, receive, hold, invest, and administer, in its own name,
95 securities, funds, objects of value, or other property, real or
96 personal; and make expenditures to or for the direct or indirect
97 benefit of the Babcock Crescent B Ranch Preserve;
98 (c) Determined by the Fish and Wildlife Conservation
99 Commission and the Florida Forest Service within the Department
100 of Agriculture and Consumer Services to be consistent with the
101 goals of the state in acquiring the ranch and in the best
102 interests of the state; and
103 (d) Approved in writing by the Fish and Wildlife
104 Conservation Commission and the Florida Forest Service to
105 operate for the direct or indirect benefit of the ranch and in
106 the best interest of the state. Such approval shall be given in
107 a letter of agreement from the Fish and Wildlife Conservation
108 Commission and the Florida Forest Service. Only one citizen
109 support organization may be created to operate for the direct or
110 indirect benefit of the Babcock Crescent B Ranch Preserve.
111 (2) USE OF PROPERTY.—
112 (a) The Fish and Wildlife Conservation Commission and the
113 Florida Forest Service may permit, without charge, appropriate
114 use of fixed property and facilities of the Babcock Crescent B
115 Ranch Preserve by a citizen support organization, subject to the
116 provisions of this section. Such use must be directly in keeping
117 with the approved purposes of the citizen support organization
118 and may not be made at times or places that would unreasonably
119 interfere with recreational opportunities for the general
120 public.
121 (3) PARTNERSHIPS.—
122 (a) The Legislature recognizes that the Babcock Crescent B
123 Ranch Preserve will need a variety of facilities to enhance its
124 public use and potential. Such facilities include, but are not
125 limited to, improved access, camping areas, picnic shelters,
126 management facilities, and environmental education facilities.
127 The need for such facilities may exceed the ability of the state
128 to provide such facilities in a timely manner with moneys
129 available. The Legislature finds it to be in the public interest
130 to provide incentives for partnerships with private
131 organizations with the intent of producing additional revenue to
132 help enhance the use and potential of the ranch.
133 Section 4. Section 259.1053, Florida Statutes, is amended
134 to read:
135 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.;
136 creation; membership; organization; meetings.—
137 (1) SHORT TITLE.—This section may be cited as the “Babcock
138 Ranch Preserve Act.”
139 (2) DEFINITIONS.—As used in this section, the term:
140 (a) “Babcock Ranch Preserve” and “preserve” mean the lands
141 and facilities acquired in the purchase of the Babcock Crescent
142 B Ranch, as provided in s. 259.1052.
143 (b) “Babcock Ranch, Inc.,” and “corporation” mean the not
144 for-profit corporation created under this section to operate and
145 manage the Babcock Ranch Preserve as a working ranch.
146 (c) “Board of directors” means the governing board of the
147 not-for-profit corporation created under this section.
148 (b)(d) “Commission” means the Fish and Wildlife
149 Conservation Commission.
150 (c)(e) “Commissioner” means the Commissioner of
151 Agriculture.
152 (d)(f) “Department” means the Department of Agriculture and
153 Consumer Services.
154 (e)(g) “Executive director” means the Executive Director of
155 the Fish and Wildlife Conservation Commission.
156 (f)(h) “Financially self-sustaining” means having
157 management and operation expenditures not more than the revenues
158 collected from fees and other receipts for resource use and
159 development and from interest and invested funds.
160 (g) “Florida Forest Service” means the Florida Forest
161 Service of the Department of Agriculture and Consumer Services.
162 (i) “Management and operating expenditures” means expenses
163 of the corporation, including, but not limited to, salaries and
164 benefits of officers and staff, administrative and operating
165 expenses, costs of improvements to and maintenance of lands and
166 facilities of the Babcock Ranch Preserve, and other similar
167 expenses. Such expenditures shall be made from revenues
168 generated from the operation of the ranch and not from funds
169 appropriated by the Legislature except as provided in this
170 section.
171 (j) “Member” means a person appointed to the board of
172 directors of the not-for-profit corporation created under this
173 section.
174 (h)(k) “Multiple use” means the management of all of the
175 renewable surface resources of the Babcock Ranch Preserve to
176 best meet the needs of the public, including the use of the land
177 for some or all of the renewable surface resources or related
178 services over areas large enough to allow for periodic
179 adjustments in use to conform to the changing needs and
180 conditions of the preserve while recognizing that a portion of
181 the land will be used for some of the renewable surface
182 resources available on that land. The goal of multiple use is
183 the harmonious and coordinated management of the renewable
184 surface resources without impairing the productivity of the land
185 and considering the relative value of the renewable surface
186 resources, and not necessarily a combination of uses to provide
187 the greatest monetary return or the greatest unit output.
188 (i)(l) “Sustained yield of the renewable surface resources”
189 means the achievement and maintenance of a high level of annual
190 or regular periodic output of the various renewable surface
191 resources of the preserve without impairing the productivity of
192 the land.
193 (3) CREATION OF BABCOCK RANCH PRESERVE.—
194 (a) Upon the date of acquisition of the Babcock Crescent B
195 Ranch, there is created the Babcock Ranch Preserve, which shall
196 be managed in accordance with the purposes and requirements of
197 this section.
198 (b) The preserve is established to protect and preserve the
199 environmental, agricultural, scientific, scenic, geologic,
200 watershed, fish, wildlife, historic, cultural, and recreational
201 values of the preserve, and to provide for the multiple use and
202 sustained yield of the renewable surface resources within the
203 preserve consistent with this section.
204 (c) Babcock Ranch, Inc., and its officers and employees
205 shall participate in the management of the Babcock Ranch
206 Preserve in an advisory capacity only until the management
207 agreement referenced in paragraph (11)(a) is terminated or
208 expires.
209 (c)(d) Nothing in This section does not shall preclude
210 Babcock Ranch, Inc., prior to assuming management and operation
211 of the preserve and thereafter, from allowing the use of common
212 varieties of mineral materials such as sand, stone, and gravel
213 for construction and maintenance of roads and facilities within
214 the preserve.
215 (d)(e) Nothing in This section does not affect shall be
216 construed as affecting the constitutional responsibilities of
217 the commission in the exercise of its regulatory and executive
218 power with respect to wild animal life and freshwater aquatic
219 life, including the regulation of hunting, fishing, and trapping
220 within the preserve.
221 (e)(f) Nothing in This section does not shall be construed
222 to interfere with or prevent the implementation of ability of
223 Babcock Ranch, Inc., to implement agricultural practices
224 authorized by the agricultural land use designations established
225 in the local comprehensive plans of either Charlotte County or
226 Lee County as those plans apply to the Babcock Ranch Preserve.
227 (g) To clarify the responsibilities of the lead managing
228 agencies and the not-for-profit corporation created under this
229 section, the lead managing agencies are directed to establish a
230 range of resource protection values for the Babcock Ranch
231 Preserve, and the corporation shall establish operational
232 parameters to conduct the business of the ranch within the range
233 of values. The corporation shall establish a range of
234 operational values for conducting the business of the ranch, and
235 the lead managing agencies providing ground support to the ranch
236 outside of each agency’s jurisdictional responsibilities shall
237 establish management parameters within that range of values.
238 (f)(h) Nothing in This section does not shall preclude the
239 maintenance and use of roads and trails or the relocation of
240 roads in existence on the effective date of this section, or the
241 construction, maintenance, and use of new trails, or any
242 motorized access necessary for the administration of the land
243 contained within the preserve, including motorized access
244 necessary for emergencies involving the health or safety of
245 persons within the preserve.
246 (i) The Division of State Lands of the Department of
247 Environmental Protection shall perform staff duties and
248 functions for Babcock Ranch, Inc., the not-for-profit
249 corporation created under this section, until such time as the
250 corporation organizes to elect officers, file articles of
251 incorporation, and exercise its powers and duties.
252 (4) CREATION OF BABCOCK RANCH ADVISORY GROUP, INC.—
253 (a) The purpose of the Babcock Ranch Advisory Group is to
254 assist the department by providing guidance and advice
255 concerning the management and stewardship of the Babcock Ranch
256 Preserve.
257 (b) The commissioner shall, with advice from the Governor
258 and Cabinet, the Fish and Wildlife Conservation Commission, and
259 Charlotte and Lee Counties, appoint nine members to 5-year terms
260 as follows:
261 1. One member who has experience in sustainable management
262 of forest lands for commodity purposes.
263 2. One member who has experience in financial management,
264 budget and program analysis, and small business operations.
265 3. One member who has experience in the management of game
266 and nongame wildlife and fish populations, including hunting,
267 fishing, and other recreational activities.
268 4. One member who has experience in domesticated livestock
269 management, production, and marketing, including range
270 management and livestock business management.
271 5. One member who has experience in agriculture operations
272 or forestry management.
273 6. One member who has experience in hunting, fishing,
274 nongame species management, or wildlife habitat management,
275 restoration, and conservation.
276 7. One member who has experience in public outreach and
277 education.
278 8. One member who is a resident of Lee County, to be
279 appointed by the Lee County Board of County Commissioners.
280 9. One member who is a resident of Charlotte County and
281 active in an organization involved with the activities of the
282 ranch.
283
284 Vacancies will be filled in the same manner that the original
285 appointment was made. A member appointed to fill a vacancy shall
286 serve for the remainder of that term.
287 (c) Members of the Babcock Ranch Advisory Group shall:
288 1. Elect a chair and vice chair from among the group
289 members.
290 2. Meet regularly as determined by the chair.
291 3. Serve without compensation, but with reimbursement for
292 travel and per diem expenses.
293 (a) Subject to filing articles of incorporation, there is
294 created a not-for-profit corporation, to be known as Babcock
295 Ranch, Inc., which shall be registered, incorporated, organized,
296 and operated in compliance with the provisions of chapter 617,
297 and which shall not be a unit or entity of state government. For
298 purposes of sovereign immunity, the corporation shall be a
299 corporation primarily acting as an instrumentality of the state
300 but otherwise shall not be an agency within the meaning of s.
301 20.03(11) or a unit or entity of state government.
302 (b) The corporation is organized on a nonstock basis and
303 shall operate in a manner consistent with its public purpose and
304 in the best interest of the state.
305 (c) Meetings and records of the corporation, its directors,
306 advisory committees, or similar groups created by the
307 corporation, including any not-for-profit subsidiaries, are
308 subject to the public records provisions of chapter 119 and the
309 public meetings and records provisions of s. 286.011.
310 (5) APPLICABILITY OF SECTION.—In any conflict between a
311 provision of this section and a provision of chapter 617, the
312 provisions of this section shall prevail.
313 (6) PURPOSE.—The purpose of Babcock Ranch, Inc., is to
314 provide management and administrative services for the preserve,
315 to establish and implement management policies that will achieve
316 the purposes and requirements of this section, to cooperate with
317 state agencies to further the purposes of the preserve, and to
318 establish the administrative and accounting procedures for the
319 operation of the corporation.
320 (7) BOARD; MEMBERSHIP; REMOVAL; LIABILITY.—The corporation
321 shall be governed by a nine-member board of directors who shall
322 be appointed by the Board of Trustees of the Internal
323 Improvement Trust Fund; the executive director of the
324 commission; the Commissioner of Agriculture; the Babcock Florida
325 Company, a corporation registered to do business in the state,
326 or its successors or assigns; the Charlotte County Board of
327 County Commissioners; and the Lee County Board of County
328 Commissioners in the following manner:
329 (a)1. The Board of Trustees of the Internal Improvement
330 Trust Fund shall appoint four members. One appointee shall have
331 expertise in domesticated livestock management, production, and
332 marketing, including range management and livestock business
333 management. One appointee shall have expertise in the management
334 of game and nongame wildlife and fish populations, including
335 hunting, fishing, and other recreational activities. One
336 appointee shall have expertise in the sustainable management of
337 forest lands for commodity purposes. One appointee shall have
338 expertise in financial management, budget and program analysis,
339 and small business operations.
340 2. The executive director shall appoint one member with
341 expertise in hunting; fishing; nongame species management; or
342 wildlife habitat management, restoration, and conservation.
343 3. The commissioner shall appoint one member with expertise
344 in agricultural operations or forestry management.
345 4. The Babcock Florida Company, or its successors or
346 assigns, shall appoint one member with expertise in the
347 activities and management of the Babcock Ranch on the date of
348 acquisition of the ranch by the state as provided under s.
349 259.1052. This appointee shall serve on the board of directors
350 only until the termination of or expiration of the management
351 agreement attached as Exhibit “E” to that certain Agreement for
352 Sale and Purchase approved by the Board of Trustees of the
353 Internal Improvement Trust Fund on November 22, 2005, and by Lee
354 County, a political subdivision of the state, on November 20,
355 2005. Upon termination of or expiration of the management
356 agreement, the person serving as the head of the property
357 owners’ association, if any, required to be created under the
358 agreement for sale and purchase shall serve as a member of the
359 board of directors of Babcock Ranch, Inc.
360 5. The Charlotte County Board of County Commissioners shall
361 appoint one member who shall be a resident of the county and who
362 shall be active in an organization concerned with the activities
363 of the ranch.
364 6. The Lee County Board of County Commissioners shall
365 appoint one member who shall be a resident of the county and who
366 shall have experience in land conservation and management. This
367 appointee, or a successor appointee, shall serve as a member of
368 the board of directors so long as the county participates in the
369 state land management plan.
370 (b) All members of the board of directors shall be
371 appointed no later than 90 days following the initial
372 acquisition of the Babcock Ranch by the state, and:
373 1. Four members initially appointed by the Board of
374 Trustees of the Internal Improvement Trust Fund shall each serve
375 a 4-year term.
376 2. The remaining initial five appointees shall each serve a
377 2-year term.
378 3. Each member appointed thereafter shall serve a 4-year
379 term.
380 4. A vacancy shall be filled in the same manner in which
381 the original appointment was made, and a member appointed to
382 fill a vacancy shall serve for the remainder of that term.
383 5. No member may serve more than 8 years in consecutive
384 terms.
385 (c) With the exception of the Babcock Florida Company
386 appointee, no member may be an officer, director, or shareholder
387 in any entity that contracts with or receives funds from the
388 corporation or its subsidiaries.
389 (d) No member shall vote in an official capacity upon any
390 measure that would inure to his or her special private gain or
391 loss, that he or she knows would inure to the special private
392 gain or loss of any principal by whom he or she is retained or
393 to the parent organization or subsidiary of a principal by which
394 he or she is retained, or that he or she knows would inure to
395 the special private gain or loss of a relative or business
396 associate of the member. Such member shall, prior to the vote
397 being taken, publicly state the nature of his or her interest in
398 the matter from which he or she is abstaining from voting and,
399 no later than 15 days following the date the vote occurs, shall
400 disclose the nature of his or her interest as a public record in
401 a memorandum filed with the person responsible for recording the
402 minutes of the meeting, who shall incorporate the memorandum in
403 the minutes of the meeting.
404 (e) Each member of the board of directors is accountable
405 for the proper performance of the duties of office, and each
406 member owes a fiduciary duty to the people of the state to
407 ensure that funds provided in furtherance of this section are
408 disbursed and used as prescribed by law and contract. Any
409 official appointing a member may remove that member for
410 malfeasance, misfeasance, neglect of duty, incompetence,
411 permanent inability to perform official duties, unexcused
412 absence from three consecutive meetings of the board, arrest or
413 indictment for a crime that is a felony or misdemeanor involving
414 theft or a crime of dishonesty, or pleading nolo contendere to,
415 or being found guilty of, any crime.
416 (f) Each member of the board of directors shall serve
417 without compensation, but shall receive travel and per diem
418 expenses as provided in s. 112.061 while in the performance of
419 his or her duties.
420 (g) No appointee shall be an employee of any governmental
421 entity.
422 (8) ORGANIZATION; MEETINGS.—
423 (a)1. The board of directors shall annually elect a
424 chairperson and a vice chairperson from among the board’s
425 members. The members may, by a vote of five of the nine board
426 members, remove a member from the position of chairperson or
427 vice chairperson prior to the expiration of his or her term as
428 chairperson or vice chairperson. His or her successor shall be
429 elected to serve for the balance of the removed chairperson’s or
430 vice chairperson’s term.
431 2. The chairperson shall ensure that records are kept of
432 the proceedings of the board of directors, and is the custodian
433 of all books, documents, and papers filed with the board, the
434 minutes of meetings of the board, and the official seal of the
435 corporation.
436 (b)1. The board of directors shall meet upon the call of
437 the chairperson at least 3 times per year in Charlotte County or
438 in Lee County.
439 2. A majority of the members of the board of directors
440 constitutes a quorum. Except as otherwise provided in this
441 section, the board of directors may take official action by a
442 majority of the members present at any meeting at which a quorum
443 is present. Members may not vote by proxy.
444 (9) POWERS AND DUTIES.—
445 (a) The board of directors shall adopt articles of
446 incorporation and bylaws necessary to govern its activities. The
447 adopted articles of incorporation and bylaws must be approved by
448 the Board of Trustees of the Internal Improvement Trust Fund
449 prior to filing with the Department of State.
450 (b) The board of directors shall review and approve any
451 management plan developed pursuant to ss. 253.034 and 259.032
452 for the management of lands in the preserve prior to the
453 submission of that plan to the Board of Trustees of the Internal
454 Improvement Trust Fund for approval and implementation.
455 (c)1. Except for the constitutional powers of the
456 commission as provided in s. 9, Art. IV of the State
457 Constitution, the board of directors shall have all necessary
458 and proper powers for the exercise of the authority vested in
459 the corporation, including, but not limited to, the power to
460 solicit and accept donations of funds, property, supplies, or
461 services from individuals, foundations, corporations, and other
462 public or private entities for the purposes of this section. All
463 funds received by the corporation shall be deposited into the
464 operating fund authorized under this section unless otherwise
465 directed by the Legislature.
466 2. The board of directors may not increase the number of
467 its members.
468 3. Except as necessary to manage and operate the preserve
469 as a working ranch, the corporation may not purchase, take,
470 receive, lease, take by gift, devise, or bequest, or otherwise
471 acquire, own, hold, improve, use, or otherwise deal in and with
472 real property, or any interest therein, wherever situated.
473 4. The corporation may not sell, convey, mortgage, pledge,
474 lease, exchange, transfer, or otherwise dispose of any real
475 property.
476 5. The corporation may not purchase, take, receive,
477 subscribe for, or otherwise acquire, own, hold, vote, use,
478 employ, sell, mortgage, lend, pledge, or otherwise dispose of or
479 otherwise use and deal in and with, shares and other interests
480 in, or obligations of, other domestic or foreign corporations,
481 whether for profit or not for profit, associations,
482 partnerships, or individuals, or direct or indirect obligations
483 of the United States, or any other government, state, territory,
484 government district, municipality, or any instrumentality
485 thereof.
486 6. The corporation may not lend money for its corporate
487 purposes, invest and reinvest its funds, or take and hold real
488 and personal property as security for the payment of funds lent
489 or invested.
490 7. The corporation may not merge with other corporations or
491 other business entities.
492 8. The corporation may not enter into any contract, lease,
493 or other agreement related to the use of ground or surface
494 waters located in, on, or through the preserve without the
495 consent of the Board of Trustees of the Internal Improvement
496 Trust Fund and permits that may be required by the Department of
497 Environmental Protection or the appropriate water management
498 district under chapters 373 and 403.
499 9. The corporation may not grant any easements in, on, or
500 across the preserve. Any easements to be granted for the use of,
501 access to, or ingress and egress across state property within
502 the preserve must be executed by the Board of Trustees of the
503 Internal Improvement Trust Fund as the owners of the state
504 property within the preserve. Any easements to be granted for
505 the use of, access to, or ingress and egress across property
506 within the preserve titled in the name of a local government
507 must be granted by the governing body of that local government.
508 10. The corporation may not enter into any contract, lease,
509 or other agreement related to the use and occupancy of the
510 property within the preserve for a period greater than 10 years.
511 (d) The members may, with the written approval of the
512 commission and in consultation with the department, designate
513 hunting, fishing, and trapping zones and may establish
514 additional periods when no hunting, fishing, or trapping shall
515 be permitted for reasons of public safety, administration, and
516 the protection and enhancement of nongame habitat and nongame
517 species, as defined under s. 379.101.
518 (e) The corporation shall have the sole and exclusive right
519 to use the words “Babcock Ranch, Inc.,” and any seal, emblem, or
520 other insignia adopted by the members. Without the express
521 written authority of the corporation, no person may use the
522 words “Babcock Ranch, Inc.,” as the name under which that person
523 conducts or purports to conduct business, for the purpose of
524 trade or advertisement, or in any manner that may suggest any
525 connection with the corporation.
526 (f) The corporation may from time to time appoint advisory
527 committees to further any part of this section. The advisory
528 committees shall be reflective of the expertise necessary for
529 the particular function for which the committee is created, and
530 may include public agencies, private entities, and not-for
531 profit conservation and agricultural representatives.
532 (g) State laws governing the procurement of commodities and
533 services by state agencies, as provided in s. 287.057, shall
534 apply to the corporation.
535 (h) The corporation and its subsidiaries must provide equal
536 employment opportunities for all persons regardless of race,
537 color, religion, gender, national origin, age, handicap, or
538 marital status.
539 (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING
540 REQUIREMENTS.—
541 (a) The board of directors may establish and manage an
542 operating fund to address the corporation’s unique cash-flow
543 needs and to facilitate the management and operation of the
544 preserve as a working ranch.
545 (b) The board of directors shall provide for an annual
546 financial audit of the corporate accounts and records to be
547 conducted by an independent certified public accountant in
548 accordance with rules adopted by the Auditor General under s.
549 11.45(8). The audit report shall be submitted no later than 3
550 months following the end of the fiscal year to the Auditor
551 General, the President of the Senate, the Speaker of the House
552 of Representatives, and the appropriate substantive and fiscal
553 committees of the Legislature. The Auditor General, the Office
554 of Program Policy Analysis and Government Accountability, and
555 the substantive or fiscal committees of the Legislature to which
556 legislation affecting the Babcock Ranch Preserve may be referred
557 shall have the authority to require and receive from the
558 corporation or from the independent auditor any records relative
559 to the operation of the corporation.
560 (c) Not later than January 15 of each year, Babcock Ranch,
561 Inc., shall submit to the Board of Trustees of the Internal
562 Improvement Trust Fund, the President of the Senate, the Speaker
563 of the House of Representatives, the department, and the
564 commission a comprehensive and detailed report of its
565 operations, activities, and accomplishments for the prior year,
566 including information on the status of the ecological, cultural,
567 and financial resources being managed by the corporation, and
568 benefits provided by the preserve to local communities. The
569 report shall also include a section describing the corporation’s
570 goals for the current year.
571 (d) The board of directors shall prepare an annual budget
572 with the goal of achieving a financially self-sustaining
573 operation within 15 full fiscal years after the initial
574 acquisition of the Babcock Ranch by the state. The department
575 shall provide necessary assistance, including details as
576 necessary, to the corporation for the timely formulation and
577 submission of an annual legislative budget request for
578 appropriations, if any, to support the administration,
579 operation, and maintenance of the preserve. A request for
580 appropriations shall be submitted to the department and shall be
581 included in the department’s annual legislative budget request.
582 Requests for appropriations shall be submitted to the department
583 in time to allow the department to meet the requirements of s.
584 216.023. The department may not deny a request or refuse to
585 include in its annual legislative budget submission a request
586 from the corporation for an appropriation.
587 (e) Notwithstanding any other provision of law, all moneys
588 received from donations or from management of the preserve shall
589 be retained by the corporation in the operating fund and shall
590 be available, without further appropriation, for the
591 administration, preservation, restoration, operation and
592 maintenance, improvements, repairs, and related expenses
593 incurred with respect to properties being managed by the
594 corporation. Except as provided in this section, moneys received
595 by the corporation for the management of the preserve shall not
596 be subject to distribution by the state. Upon assuming
597 management responsibilities for the preserve, the corporation
598 shall optimize the generation of income based on existing
599 marketing conditions to the extent that activities do not
600 unreasonably diminish the long-term environmental, agricultural,
601 scenic, and natural values of the preserve, or the multiple-use
602 and sustained-yield capability of the land.
603 (f) All parties in contract with the corporation and all
604 holders of leases from the corporation which are authorized to
605 occupy, use, or develop properties under the management
606 jurisdiction of the corporation must procure proper insurance as
607 is reasonable or customary to insure against any loss in
608 connection with the properties or with activities authorized in
609 the leases or contracts.
610 (11) COMPREHENSIVE BUSINESS PLAN.—
611 (a) A comprehensive business plan for the management and
612 operation of the preserve as a working ranch and amendments to
613 the business plan may be developed only with input from the
614 department and the commission, and may be implemented by Babcock
615 Ranch, Inc., only upon expiration of the management agreement
616 attached as Exhibit “E” to that certain agreement for sale and
617 purchase approved by the Board of Trustees of the Internal
618 Improvement Trust Fund on November 22, 2005, and by Lee County
619 on November 20, 2005.
620 (b) Any final decision of Babcock Ranch, Inc., to adopt or
621 amend the comprehensive business plan or to approve any activity
622 related to the management of the renewable surface resources of
623 the preserve shall be made in sessions that are open to the
624 public. The board of directors shall establish procedures for
625 providing adequate public information and opportunities for
626 public comment on the proposed comprehensive business plan for
627 the preserve or for amendments to the comprehensive business
628 plan adopted by the members.
629 (c) Not less than 2 years prior to the corporation’s
630 assuming management and operation responsibilities for the
631 preserve, the corporation, with input from the commission and
632 the department, must begin developing the comprehensive business
633 plan to carry out the purposes of this section. To the extent
634 consistent with these purposes, the comprehensive business plan
635 shall provide for:
636 1. The management and operation of the preserve as a
637 working ranch;
638 2. The protection and preservation of the environmental,
639 agricultural, scientific, scenic, geologic, watershed, fish,
640 wildlife, historic, cultural, and recreational values of the
641 preserve;
642 3. The promotion of high-quality hunting experiences for
643 the public, with emphasis on deer, turkey, and other game
644 species;
645 4. Multiple use and sustained yield of renewable surface
646 resources within the preserve;
647 5. Public use of and access to the preserve for recreation;
648 and
649 6. The use of renewable resources and management
650 alternatives that, to the extent practicable, benefit local
651 communities and small businesses and enhance the coordination of
652 management objectives with those on surrounding public or
653 private lands. The use of renewable resources and management
654 alternatives should provide cost savings to the corporation
655 through the exchange of services, including, but not limited to,
656 labor and maintenance of facilities, for resources or services
657 provided to the corporation.
658 (d) On or before the date on which title to the portion of
659 the Babcock Crescent B Ranch being purchased by the state as
660 provided in s. 259.1052 is vested in the Board of Trustees of
661 the Internal Improvement Trust Fund, Babcock Ranch Management,
662 LLC, a limited liability company incorporated in this state,
663 shall provide the commission and the department with the
664 management plan and business plan in place for the operation of
665 the ranch as of November 22, 2005, the date on which the board
666 of trustees approved the purchase.
667 (5)(12) MANAGEMENT OF PRESERVE; FEES.—
668 (a) The department corporation shall assume all authority
669 provided by this section to manage and operate the preserve as a
670 working ranch upon the termination or expiration of the
671 management agreement attached as Exhibit “E” to that certain
672 Agreement for Sale and Purchase approved by the Board of
673 Trustees of the Internal Improvement Trust Fund on November 22,
674 2005, and by Lee County on November 20, 2005 a determination by
675 the Board of Trustees of the Internal Improvement Trust Fund
676 that the corporation is able to conduct business, and that
677 provision has been made for essential services on the preserve,
678 which, to the maximum extent practicable, shall be made no later
679 than 60 days prior to the termination of the management
680 agreement referenced in paragraph (11)(a).
681 (b) Upon assuming management and operation of the preserve,
682 the department corporation shall:
683 1. With input from the commission and the department,
684 Manage and operate the preserve and the uses thereof, including,
685 but not limited to, the activities necessary to administer and
686 operate the preserve as a working ranch; the activities
687 necessary for the preservation and development of the land and
688 renewable surface resources of the preserve; the activities
689 necessary for interpretation of the history of the preserve on
690 behalf of the public; the activities necessary for the
691 management, public use, and occupancy of facilities and lands
692 within the preserve; and the maintenance, rehabilitation,
693 repair, and improvement of property within the preserve.;
694 2. Develop programs and activities relating to the
695 management of the preserve as a working ranch.;
696 3. Negotiate directly with and enter into such agreements,
697 leases, contracts, and other arrangements with any person, firm,
698 association, organization, corporation, or governmental entity,
699 including entities of federal, state, and local governments, as
700 are necessary and appropriate to carry out the purposes and
701 activities authorized by this section;
702 3.4. Establish procedures for entering into lease
703 agreements and other agreements for the use and occupancy of the
704 facilities of the preserve. The procedures shall ensure
705 reasonable competition and set guidelines for determining
706 reasonable fees, terms, and conditions for such agreements.; and
707 4.5. Assess reasonable fees for admission to, use of, and
708 occupancy of the preserve to offset costs of operating the
709 preserve as a working ranch. These fees are independent of fees
710 assessed by the commission for the privilege of hunting,
711 fishing, or pursuing outdoor recreational activities within the
712 preserve, and shall be deposited into the Incidental Trust Fund
713 of the Florida Forest Service, subject to appropriation by the
714 Legislature operating fund established by the board of directors
715 under the authority provided under this section.
716 (c) The commission, in cooperation with the department,
717 shall:
718 1. Establish and implement public hunting and other fish
719 and wildlife management activities. Tier I and Tier II public
720 hunting opportunities shall be provided consistent with the
721 management plan and the recreation master plan.
722 a. Tier I public hunting shall provide hunting
723 opportunities similar to those offered on wildlife management
724 areas with an emphasis on youth and family-oriented hunts.
725 b. Tier II public hunting shall be provided specifically by
726 fee-based permitting to ensure compatibility with livestock
727 grazing and other essential agricultural operations on the
728 preserve.
729 2. Establish and administer permit fees for Tier II public
730 hunting to capitalize on the value of hunting on portions of the
731 preserve and to help ensure that the preserve is financially
732 self-sufficient. The fees shall be deposited into the State Game
733 Trust Fund of the Fish and Wildlife Conservation Commission to
734 be used to offset the costs of providing public hunting and to
735 support fish and wildlife management and other land management
736 activities on the preserve.
737 (d) The Board of Trustees of the Internal Improvement Trust
738 Fund or its designated agent may:
739 1. Negotiate directly with, and enter into such agreements,
740 leases, contracts, and other arrangements with, any person,
741 firm, association, organization, corporation, or governmental
742 entity, including entities of federal, state, and local
743 governments, as are necessary and appropriate to carry out the
744 purposes and activities authorized by this section.
745 2. Grant privileges, leases, concessions, and permits for
746 the use of land for the accommodation of visitors to the
747 preserve; however, natural curiosities or objects of interest
748 may not be granted, leased, or rented on terms that deny or
749 interfere with free access to them by the public. Such grants,
750 leases, and permits may be made and given without advertisement
751 or securing competitive bids. Such grants, leases, or permits
752 may not be assigned or transferred by any grantee without
753 consent of the Board of Trustees of the Internal Improvement
754 Trust Fund or its designated agent.
755 (13) MISCELLANEOUS PROVISIONS.—
756 (a) Except for the powers of the commissioner provided in
757 this section, and the powers of the commission provided in s. 9,
758 Art. IV of the State Constitution, the preserve shall be managed
759 by Babcock Ranch, Inc.
760 (b) Officers and employees of Babcock Ranch, Inc., are
761 private employees. At the request of the board of directors, the
762 commission and the department may provide state employees for
763 the purpose of implementing this section. Any state employees
764 provided to assist the directors in implementing this section
765 for more than 30 days shall be provided on a reimbursable basis.
766 Reimbursement to the commission and the department shall be made
767 from the corporation’s operating fund provided under this
768 section and not from any funds appropriated to the corporation
769 by the Legislature.
770 (6)(14) DISSOLUTION OF BABCOCK RANCH, INC., AND BABCOCK
771 RANCH ADVISORY GROUP.—
772 (a) The corporation may be dissolved only by an act of the
773 Legislature.
774 (b) Upon dissolution of the corporation, the management
775 responsibilities provided in this section shall revert to the
776 commission and the department unless otherwise provided by the
777 Legislature under the act dissolving Babcock Ranch, Inc.
778 (a)(c) Upon dissolution of Babcock Ranch, Inc. the
779 corporation, all of its statutory powers, duties, and functions;
780 records, personnel, and property; and unexpended balances of
781 appropriations, allocations, or other funds shall be transferred
782 to the Florida Department of Agriculture and Consumer Services,
783 unless otherwise provided by law. Any cash balances of funds
784 shall revert to the Incidental Trust Fund of the Florida Forest
785 Service General Revenue Fund or such other state fund as may be
786 provided under the act dissolving Babcock Ranch, Inc.
787 (b) The Babcock Ranch Advisory Group shall dissolve on June
788 30, 2018, unless reenacted by the Legislature.
789 Section 5. Subsection (2) of section 388.261, Florida
790 Statutes, is amended to read:
791 388.261 State aid to counties and districts for arthropod
792 control; distribution priorities and limitations.—
793 (2) Every county or district budgeting local funds to be
794 used exclusively for the control of mosquitoes and other
795 arthropods, under a plan submitted by the county or district and
796 approved by the department, is shall be eligible to receive
797 state funds and supplies, services, and equipment on a dollar
798 for-dollar matching basis to the amount of local funds budgeted.
799 If Should state funds appropriated by the Legislature are be
800 insufficient to grant each county or district state funds on a
801 dollar-for-dollar matching basis to the amount budgeted in local
802 funds, the department shall distribute the funds as prescribed
803 by rule. Such rules shall provide for up to 80 percent of the
804 funds to be distributed to programs with local funds for
805 mosquito control budgets of less than $1 million, if the county
806 or district meets the eligibility requirements. The funds shall
807 be distributed as equally as possible within the category of
808 counties pursuant to this section. The remaining funds shall be
809 distributed as prescribed by rule among the remaining counties
810 to support mosquito control and to support research, education,
811 and outreach prorate said state funds based on the amount of
812 matchable local funds budgeted for expenditure by each county or
813 district.
814 Section 6. Subsection (1) of section 388.271, Florida
815 Statutes, is amended to read:
816 388.271 Prerequisites to participation.—
817 (1) When state funds are involved, it is the duty of the
818 department to guide, review, approve, and coordinate the
819 activities of all county governments and special districts
820 receiving state funds in furtherance of the goal of integrated
821 arthropod control. Each county or district eligible to
822 participate hereunder may begin participation on October 1 of
823 any year by filing with the department not later than July 15 a
824 tentative work plan and tentative detailed work plan budget
825 providing for the control of arthropods. Following approval of
826 the plan and budget by the department, two copies of the
827 county’s or district’s certified budget based on the approved
828 work plan and detailed work plan budget shall be submitted to
829 the department by not later than September 30 15 following.
830 State funds, supplies, and services shall be made available to
831 such county or district by and through the department
832 immediately upon release of funds by the Executive Office of the
833 Governor.
834 Section 7. Section 487.160, Florida Statutes, is amended to
835 read:
836 487.160 Records; report.—Licensed private applicators
837 supervising 15 or more unlicensed applicators or mixer-loaders
838 and licensed public applicators and licensed commercial
839 applicators shall maintain records as the department may
840 determine by rule with respect to the application of restricted
841 pesticides, including, but not limited to, the type and quantity
842 of pesticide, method of application, crop treated, and dates and
843 location of application. Other licensed private applicators
844 shall maintain records as the department may determine by rule
845 with respect to the date, type, and quantity of restricted-use
846 pesticides used. Licensees shall keep records for a period of 2
847 years from date of the application of the pesticide to which the
848 records refer, and shall furnish to the department a copy of the
849 records upon written request by the department. Every third
850 year, the department shall conduct a survey and compile a report
851 on restricted-use pesticides in this state. This report shall
852 include, but not be limited to, types and quantities of
853 pesticides, methods of application, crops treated, and dates and
854 locations of application; records of persons working under
855 direct supervision; and reports of misuse, damage, or injury.
856 Section 8. Section 534.083, Florida Statutes, is amended to
857 read:
858 534.083 Livestock hauler’s permit; display of permit on
859 vehicle; bill of lading.—
860 (1) No person shall engage in the business of transporting
861 or hauling for hire livestock on any street or highway, as
862 defined in s. 316.003(53), without first having applied for and
863 obtained from the department a permit which shall expire on
864 December 31 of each year. The information supplied by the
865 applicant on the application for permit shall be certified under
866 oath. Cost of the permit shall be $5 for each year or fraction
867 thereof.
868 (2) The department shall issue a metal tag or plate to
869 every person or company required to obtain a permit to transport
870 or haul for hire livestock, which shall bear the serial number
871 of the permit. Such a tag or plate shall be issued for each
872 vehicle used by the hauler.
873 (3) The metal tag or plate required under this section
874 shall be attached to each vehicle used for transporting or
875 hauling livestock in a conspicuous place in an upright position
876 on the rear of the vehicle. When livestock is transported in a
877 trailer type vehicle propelled or drawn by a motor truck or
878 tractor, each such trailer shall have the tag or plate attached
879 to the rear of the trailer in a conspicuous place in an upright
880 position, and it shall not be necessary to have a tag attached
881 to the motor truck or tractor.
882 (4) Persons engaged in the business of transporting or
883 hauling livestock in the state shall, upon receiving such
884 livestock for transportation, issue a waybill or bill of lading
885 for all livestock transported or hauled by them, and such
886 waybill or bill of lading shall accompany the shipment of
887 livestock, with a copy thereof being furnished to the person
888 delivering livestock to the hauler. The waybill or bill of
889 lading shall show the place of origin and destination of the
890 shipment, the name of the owner of the livestock, date and time
891 of loading, name of person or company hauling the livestock, and
892 the number of animals and a general description thereof. The
893 waybill or bill of lading shall be signed by the person
894 delivering the livestock to the hauler certifying that the
895 information contained thereon is correct.
896 Section 9. Subsection (28) of section 570.07, Florida
897 Statutes, is amended to read:
898 570.07 Department of Agriculture and Consumer Services;
899 functions, powers, and duties.—The department shall have and
900 exercise the following functions, powers, and duties:
901 (28) For purposes of pollution control and the prevention
902 of wildfires, to regulate open burning connected with pile
903 burning as defined in s. 590.125(1) land-clearing, agricultural,
904 or forestry operations.
905 Section 10. Section 570.087, Florida Statutes, is created
906 to read:
907 570.087 Best management practices for wildlife.—
908 (1) LEGISLATIVE FINDINGS.—The Fish and Wildlife
909 Conservation Commission and the Department of Agriculture and
910 Consumer Services have long recognized that agriculture provides
911 a valuable benefit to the conservation and management of fish
912 and wildlife in this state and have agreed to enter into a
913 memorandum of agreement to develop and adopt by rule voluntary
914 best management practices for this state’s agriculture industry
915 which reflect the industry’s existing contribution to the
916 conservation and management of freshwater aquatic life and wild
917 animal life in this state.
918 (2) DEVELOPMENT.—The Department of Agriculture and Consumer
919 Services shall enter into a memorandum of agreement with the
920 Fish and Wildlife Conservation Commission for the purpose of
921 developing the best management practices contemplated by this
922 section and their application on agricultural lands within this
923 state. This agreement may allow for selected pilot projects in
924 an effort to facilitate development of best management
925 practices.
926 (3) ADOPTION OF RULES.—The Department of Agriculture and
927 Consumer Services has rulemaking authority to adopt rules
928 establishing the best management practices contemplated by this
929 section for this state’s agricultural industry. Such rules must
930 incorporate provisions for a notice of intent to implement the
931 practices and a system to assure the implementation of the
932 practices, including recordkeeping requirements.
933 (4) VOLUNTARY IMPLEMENTATION.—Notwithstanding any law to
934 the contrary, including s. 163.3162, the implementation of the
935 best management practices contemplated by this section is
936 voluntary. Except as specifically provided herein or in s. 9,
937 Art. IV of the State Constitution, an agency, department, or
938 district or any unit of local government may not adopt or
939 enforce any ordinance, resolution, regulation, rule, or policy
940 regarding the best management practices on land classified as
941 agricultural land pursuant to s. 193.461.
942 Section 11. Section 570.64, Florida Statutes, is created to
943 read:
944 570.64 Division of Food, Nutrition, and Wellness.—
945 (1) The duties of the Division of Food, Nutrition, and
946 Wellness include, but are not limited to, administering and
947 enforcing the powers and responsibilities of the division
948 prescribed in chapter 595 and the rules adopted thereunder.
949 (2) The director of the division shall be appointed by, and
950 serve at the pleasure of, the commissioner. The director shall
951 supervise, direct, and coordinate activities of the division,
952 exercise such powers and duties as authorized by the
953 commissioner, enforce the provisions of chapter 595 and the
954 rules adopted thereunder, and any other powers and duties as
955 authorized by the department.
956 Section 12. Section 570.902, Florida Statutes, is amended
957 to read:
958 570.902 Definitions; ss. 570.902 and 570.903.—For the
959 purpose of this section ss. 570.902 and s. 570.903:
960 (1) “Designated program” means the specific departmental
961 program which a direct-support organization has been created to
962 support.
963 (2) “Direct-support organization” or “organization” means
964 an organization which is a Florida corporation not for profit
965 incorporated under the provisions of chapter 617 and approved by
966 the department to operate for the benefit of a museum or a
967 specific departmental program.
968 (3) “Museum” means the Florida Agricultural Museum which is
969 designated as the museum for agriculture and rural history of
970 the State of Florida.
971 Section 13. Section 570.903, Florida Statutes, is amended
972 to read:
973 570.903 Direct-support organization.—
974 (1) The department may authorize When the Legislature
975 authorizes the establishment of a direct-support organizations
976 organization to provide assistance, funding, and promotional
977 support for the museums, the Florida Agriculture in the
978 Classroom Program, the Florida State Collection of Arthropods,
979 the Friends of the Florida State Forests Program of the Florida
980 Forest Service, the Forestry Arson Alert Program, and other
981 programs of the department., The following provisions shall
982 govern the creation, use, powers, and duties of the direct
983 support organizations organization:
984 (a) The department shall enter into a memorandum or letter
985 of agreement with the direct-support organization, which shall
986 specify the approval of the department, the powers and duties of
987 the direct-support organization, and rules with which the
988 direct-support organization must comply.
989 (b) The department may authorize permit, without charge,
990 appropriate use of property, facilities, and personnel of the
991 department by the a direct-support organization, subject to ss.
992 570.902 and 570.903. The use shall be for directly in keeping
993 with the approved purposes of the direct-support organization
994 and may not be made at times or places that would unreasonably
995 interfere with opportunities for the general public to use
996 department facilities for established purposes.
997 (c) The department shall prescribe by agreement contract or
998 by rule conditions with which the a direct-support organization
999 must comply in order to use property, facilities, or personnel
1000 of the department or museum. Such conditions rules shall provide
1001 for budget and audit review and oversight by the department.
1002 (d) The department may not authorize permit the use of
1003 property, facilities, or personnel of the museum, department, or
1004 designated program by the a direct-support organization that
1005 does not provide equal employment opportunities to all persons
1006 regardless of race, color, religion, sex, age, or national
1007 origin.
1008 (2)(a) The direct-support organization may shall be
1009 empowered to conduct programs and activities; raise funds;
1010 request and receive grants, gifts, and bequests of money;
1011 acquire, receive, hold, invest, and administer, in its own name,
1012 securities, funds, objects of value, or other property, real or
1013 personal; and make expenditures to or for the direct or indirect
1014 benefit of the museum or designated program.
1015 (b) Notwithstanding the provisions of s. 287.057, the
1016 direct-support organization may enter into contracts or
1017 agreements with or without competitive bidding for the
1018 restoration of objects, historical buildings, and other
1019 historical materials or for the purchase of objects, historical
1020 buildings, and other historical materials which are to be added
1021 to the collections of the museum, or benefit the designated
1022 program. However, before the direct-support organization may
1023 enter into a contract or agreement without competitive bidding,
1024 the direct-support organization shall file a certification of
1025 conditions and circumstances with the internal auditor of the
1026 department justifying each contract or agreement.
1027 (b)(c) Notwithstanding the provisions of s. 287.025(1)(e),
1028 the direct-support organization may enter into contracts to
1029 insure property of the museum or designated programs and may
1030 insure objects or collections on loan from others in satisfying
1031 security terms of the lender.
1032 (3) The direct-support organization shall provide for an
1033 annual financial audit in accordance with s. 215.981.
1034 (4) A department employee, direct-support organization or
1035 museum employee, volunteer, or director, or Neither a designated
1036 program or a museum, nor a nonprofit corporation trustee or
1037 employee may not:
1038 (a) Receive a commission, fee, or financial benefit in
1039 connection with the sale or exchange of real or personal
1040 property or historical objects or properties to the direct
1041 support organization, the museum, or the designated program; or
1042 (b) Be a business associate of any individual, firm, or
1043 organization involved in the sale or exchange of real or
1044 personal property to the direct-support organization, the
1045 museum, or the designated program.
1046 (5) All moneys received by the direct-support organization
1047 shall be deposited into an account of the direct-support
1048 organization and shall be used by the organization in a manner
1049 consistent with the goals of the museum or designated program.
1050 (6) The identity of a donor or prospective donor who
1051 desires to remain anonymous and all information identifying such
1052 donor or prospective donor are confidential and exempt from the
1053 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1054 Constitution.
1055 (7) The Commissioner of Agriculture, or the commissioner’s
1056 designee, may serve on the board of trustees and the executive
1057 committee of any direct-support organization established to
1058 benefit the museum or any designated program.
1059 (8) The department may terminate its agreement with a
1060 direct-support organization at any time if the department
1061 determines that the direct-support organization no longer meets
1062 the objectives of this section The department shall establish by
1063 rule archival procedures relating to museum artifacts and
1064 records. The rules shall provide procedures which protect the
1065 museum’s artifacts and records equivalent to those procedures
1066 which have been established by the Department of State under
1067 chapters 257 and 267.
1068 (9) Upon termination of the direct-support organization,
1069 the assets of the direct-support organization shall be
1070 distributed pursuant to its articles of incorporation or by-laws
1071 or, if not provided for, to the department.
1072 Section 14. Subsection (3) of section 576.051, Florida
1073 Statutes, is amended to read:
1074 576.051 Inspection, sampling, analysis.—
1075 (3) The official analysis shall be made from the official
1076 sample. The department, before making the official analysis,
1077 shall take a sufficient portion from the official sample for
1078 check analysis and place that portion in a bottle sealed and
1079 identified by number, date, and the preparer’s initials. The
1080 official check sample shall be kept until the analysis of the
1081 official sample is completed. However, the licensee may obtain
1082 upon request a portion of the official check sample. Upon
1083 completion of the analysis of the official sample, a true copy
1084 of the fertilizer analysis report shall be mailed to the
1085 licensee of the fertilizer from whom the official sample was
1086 taken and to the dealer or agent, if any, and purchaser, if
1087 known. This fertilizer analysis report shall show all
1088 determinations of plant nutrient and pesticides. If the official
1089 analysis conforms with the provisions of this law, the official
1090 check sample may be destroyed. If the official analysis does not
1091 conform with the provisions of this law, the official check
1092 sample shall be retained for a period of 90 days from the date
1093 of the fertilizer analysis report of the official sample. If
1094 within that time the licensee of the fertilizer from whom the
1095 official sample was taken, upon receipt of the fertilizer
1096 analysis report, makes written demand for analysis of the
1097 official check sample by a referee chemist, a portion of the
1098 official check sample sufficient for analysis shall be sent to a
1099 referee chemist who is mutually acceptable to the department and
1100 the licensee for analysis at the expense of the licensee. The
1101 referee chemist, upon completion of the analysis, shall forward
1102 to the department and to the licensee a fertilizer analysis
1103 report bearing a proper identification mark or number; and the
1104 fertilizer analysis report shall be verified by an affidavit of
1105 the person making the analysis. If the results reported on the
1106 fertilizer analysis report agree within the matching criteria
1107 defined in department rule checks within three-tenths of 1
1108 actual percent with the department’s analysis on each element
1109 for which analysis was made, the mean average of the two
1110 analyses shall be accepted as final and binding on all
1111 concerned. However, if the referee’s fertilizer analysis report
1112 results do not agree within the matching criteria defined in
1113 department rule with shows a variation of greater than three
1114 tenths of 1 actual percent from the department’s analysis in any
1115 one or more elements for which an analysis was made, upon demand
1116 of either the department or the licensee from whom the official
1117 sample was taken, a portion of the official check sample
1118 sufficient for analysis shall be submitted to a second referee
1119 chemist who is mutually acceptable to the department and to the
1120 licensee from whom the official sample was taken, at the expense
1121 of the party or parties requesting the referee analysis. If no
1122 demand is made for an analysis by a second referee chemist, the
1123 department’s fertilizer analysis report shall be accepted as
1124 final and binding on all concerned. The second referee chemist,
1125 upon completion of the analysis, shall make a fertilizer
1126 analysis report as provided in this subsection for the first
1127 referee chemist. The mean average of the two analyses nearest in
1128 conformity to each other shall be accepted as final and binding
1129 on all concerned.
1130 Section 15. Subsection (1) of section 576.061, Florida
1131 Statutes, is amended to read:
1132 576.061 Plant nutrient investigational allowances,
1133 deficiencies, and penalties.—
1134 (1) A commercial fertilizer is deemed deficient if the
1135 analysis of any nutrient is below the guarantee by an amount
1136 exceeding the investigational allowances. The department shall
1137 adopt rules, which shall take effect on July 1, 2014, that
1138 establish the investigational allowances used to determine
1139 whether a fertilizer is deficient in plant food.
1140 (a) Effective July 1, 2014, this paragraph and paragraphs
1141 (b)-(f) are repealed. Until July 1, 2014, investigational
1142 Investigational allowances are set as follows:
1143 (b)(a) Primary plant nutrients; investigational
1144 allowances.—
1145 GuaranteedPercent TotalNitrogenPercentAvailablePhosphatePercentPotashPercent
1146
1147 04 or less 0.49 0.67 0.41
1148 05 0.51 0.67 0.43
1149 06 0.52 0.67 0.47
1150 07 0.54 0.68 0.53
1151 08 0.55 0.68 0.60
1152 09 0.57 0.68 0.65
1153 10 0.58 0.69 0.70
1154 12 0.61 0.69 0.79
1155 14 0.63 0.70 0.87
1156 16 0.67 0.70 0.94
1157 18 0.70 0.71 1.01
1158 20 0.73 0.72 1.08
1159 22 0.75 0.72 1.15
1160 24 0.78 0.73 1.21
1161 26 0.81 0.73 1.27
1162 28 0.83 0.74 1.33
1163 30 0.86 0.75 1.39
1164 32 or more 0.88 0.76 1.44
1165 For guarantees not listed, calculate the appropriate value by
1166 interpolation.
1167 (c)(b) Nitrogen investigational allowances.—
1168 Nitrogen Breakdown Investigational AllowancesPercent
1169
1170 Nitrate nitrogen 0.40
1171 Ammoniacal nitrogen 0.40
1172 Water soluble nitrogenor urea nitrogen 0.40
1173 Water insoluble nitrogen 0.30
1174 In no case may the investigational allowance exceed 50 percent
1175 of the amount guaranteed.
1176 (d)(c) Secondary and micro plant nutrients, total or
1177 soluble.—
1178 Element Investigational Allowances Percent
1179
1180 Calcium 0.2 unit+5 percent of guarantee
1181 Magnesium 0.2 unit+5 percent of guarantee
1182 Sulfur (free and combined) 0.2 unit+5 percent of guarantee
1183 Boron 0.003 unit+15 percent of guarantee
1184 Cobalt 0.0001 unit+30 percent of guarantee
1185 Chlorine 0.005 unit+10 percent of guarantee
1186 Copper 0.005 unit+10 percent of guarantee
1187 Iron 0.005 unit+10 percent of guarantee
1188 Manganese 0.005 unit+10 percent of guarantee
1189 Molybdenum 0.0001 unit+30 percent of guarantee
1190 Sodium 0.005 unit+10 percent of guarantee
1191 Zinc 0.005 unit+10 percent of guarantee
1192 The maximum allowance for secondary and minor elements when
1193 calculated in accordance with this section is 1 unit (1
1194 percent). In no case, however, may the investigational allowance
1195 exceed 50 percent of the amount guaranteed.
1196 (e)(d) Liming materials and gypsum.—
1197 Range Percent Investigational AllowancesPercent
1198
1199 0-10 0.30
1200 Over 10-25 0.40
1201 Over 25 0.50
1202 (f)(e) Pesticides in fertilizer mixtures.—An
1203 investigational allowance of 25 percent of the guarantee shall
1204 be allowed on all pesticides when added to custom blend
1205 fertilizers.
1206 Section 16. Subsection (2) of section 576.181, Florida
1207 Statutes, is amended to read:
1208 576.181 Administration; rules; procedure.—
1209 (2) The department may adopt rules is authorized, by rule,
1210 to implement, make specific, and interpret the provisions of
1211 this chapter, and specifically to determine the composition and
1212 uses of fertilizer as defined in this chapter, including, but
1213 not limited to without limiting the foregoing general terms, the
1214 taking and handling of samples, the establishment of
1215 investigational allowances, deficiencies, matching criteria for
1216 referee analysis, and penalties where not specifically provided
1217 for in this chapter; to prohibit the sale or use in fertilizer
1218 of any material proven to be detrimental to agriculture, public
1219 health, or the environment, or of questionable value; to provide
1220 for the incorporation into fertilizer of such other substances
1221 as pesticides and proper labeling of such mixture; and to
1222 prescribe the information which shall appear on the label other
1223 than specifically set forth in this chapter.
1224 Section 17. Section 585.61, Florida Statutes, is amended to
1225 read:
1226 585.61 Animal disease diagnostic laboratory laboratories.—
1227 (1) There is hereby created and established an animal
1228 disease diagnostic laboratory in Osceola County and Suwannee
1229 County. The laboratory complex in Osceola County is designated
1230 as the “Bronson Animal Disease Diagnostic Laboratory.”
1231 (2) The construction and operation of all the laboratory
1232 laboratories established by this section shall be under the
1233 supervision and control of the department. It shall be the duty
1234 of the department to operate the laboratory these laboratories
1235 in an efficient manner so that any person who maintains animals
1236 in this state may obtain prompt reliable diagnosis of animal
1237 diseases, including any disease which may affect poultry eggs,
1238 in this state, and recommendations for the control and
1239 eradication of such diseases, to the end that diseases of
1240 animals may be reduced and controlled, and eradicated when
1241 possible.
1242 (3) Any person who maintains animals in the state may use
1243 the services of the laboratory laboratories under the terms of
1244 this section and the rules adopted for such use by the
1245 department. The department shall require any user of its
1246 services to pay a fee not to exceed $300 for any one of the
1247 services requested. All laboratory fees collected shall be
1248 deposited in the Animal Industry Diagnostic Laboratory Account
1249 within the General Inspection Trust Fund. The fees collected
1250 shall be used to improve the diagnostic laboratory services as
1251 provided for by the Legislature in the General Appropriations
1252 Act.
1253 Section 18. Paragraph (f) of subsection (3) of section
1254 586.10, Florida Statutes, is amended to read:
1255 586.10 Powers and duties of department; preemption of local
1256 government ordinances.—
1257 (3) The department may:
1258 (f) Inspect or cause to be inspected all apiaries in the
1259 state at such intervals as it may deem best and keep a complete,
1260 accurate, and current list of all inspected apiaries to include
1261 the:
1262 1. Name of the apiary.
1263 2. Name of the owner of the apiary.
1264 3. Mailing address of the apiary owner.
1265 4. Location of the apiary.
1266 5. Number of hives in the apiary.
1267 6. Pest problems associated with the apiary.
1268 7. Brands used by beekeepers where applicable.
1269
1270 Notwithstanding s. 112.313, an apiary inspector may be a
1271 certified beekeeper as long as the inspector does not inspect
1272 his or her own apiary.
1273 Section 19. Subsection (3) is added to section 586.15,
1274 Florida Statutes, to read:
1275 586.15 Penalty for violation.—
1276 (3) In addition to the penalties provided in this section
1277 and in chapter 500, the Department of Agriculture and Consumer
1278 Services may collect costs related to enforcing prohibitions
1279 against the adulteration or misbranding of honey. All costs
1280 shall be deposited into the General Inspection Trust Fund.
1281 Section 20. Section 589.02, Florida Statutes, is amended to
1282 read:
1283 589.02 Headquarters and meetings of council.—The official
1284 headquarters of the council shall be in Tallahassee, but it may
1285 hold meetings at such other places in the state as it may
1286 determine by resolutions or as may be selected by a majority of
1287 the members of the council in any call for a meeting. The annual
1288 meeting of the council shall be held on the first Monday in
1289 October of each year. Special meetings may be called at any time
1290 by the chair or upon the written request of a majority of the
1291 members. The council shall annually elect from its members a
1292 chair, a vice chair, and a secretary. The election shall be held
1293 at the annual meeting of the council. A majority of the members
1294 of the council shall constitute a quorum for such purposes.
1295 Section 21. Subsection (4) of section 589.19, Florida
1296 Statutes, is amended to read:
1297 589.19 Creation of certain state forests; naming of certain
1298 state forests; Operation Outdoor Freedom Program.—
1299 (4)(a) To honor the nation’s disabled veterans and injured
1300 active duty servicemembers, the Florida Forest Service shall
1301 coordinate efforts to develop an Operation Outdoor Freedom
1302 Program to provide hunting and other activities for eligible
1303 veterans and servicemembers in designated state forest areas and
1304 on designated public and private lands. The Legislature finds it
1305 to be in the public interest for the Florida Forest Service to
1306 develop partnerships with the Fish and Wildlife Conservation
1307 Commission and other public and private organizations in order
1308 to provide the needed resources and funding to make the program
1309 successful The Florida Forest Service shall designate one or
1310 more areas of state forests as an “Operation Outdoor Freedom
1311 Special Hunt Area” to honor wounded veterans and servicemembers.
1312 The purpose of such designated areas is to provide special
1313 outdoor recreational opportunities for eligible veterans and
1314 servicemembers.
1315 (b) Participation in the Operation Outdoor Freedom Program
1316 shall be limited to Florida residents, as defined in s.
1317 379.101(30)(b), The Florida Forest Service shall limit guest
1318 admittance to such designated areas to any person who:
1319 1. Are honorably discharged military veterans certified by
1320 the United States Department of Veterans Affairs or its
1321 predecessor or by any branch of the United States Armed Forces
1322 to be at least 30 percent permanently service-connected disabled
1323 Is an active duty member of any branch of the United States
1324 Armed Forces and has a combat-related injury as determined by
1325 his or her branch of the United States Armed Forces; or
1326 2. Have been awarded the Military Order of the Purple
1327 Heart; or Is a veteran who served during a period of wartime
1328 service as defined in s. 1.01(14) or peacetime service as
1329 defined in s. 296.02 and:
1330 a. Has a service-connected disability as determined by the
1331 United States Department of Veterans Affairs; or
1332 b. Was discharged or released from military service because
1333 of a disability acquired or aggravated while serving on active
1334 duty
1335 3. Are active duty servicemembers with a service-connected
1336 injury as determined by his or her branch of the United States
1337 Armed Forces.
1338
1339 Proof of eligibility under this subsection, as prescribed by the
1340 Florida Forest Service, may be required.
1341 (c) Notwithstanding the eligibility requirements for
1342 program participation in paragraph (b), guided or unguided
1343 invitation-only activities may be conducted as part of the
1344 Operation Outdoor Freedom Program for injured or disabled
1345 veterans and injured or disabled active duty servicemembers of
1346 any branch of the United States Armed Forces in designated state
1347 forest areas and on designated public and private lands. The
1348 Florida Forest Service may grant admittance to such designated
1349 areas and lands to a person who is not an eligible veteran or
1350 servicemember for the sole purpose purposes of accompanying an
1351 eligible veteran or servicemember who requires the person’s
1352 assistance to use such designated areas and lands.
1353 (d) The Florida Forest Service may cooperate with state and
1354 federal agencies, local governments, private landowners, and
1355 other entities in connection with the Operation Outdoor Freedom
1356 Program. Donations to the Operation Outdoor Freedom Program
1357 Funding required for specialized accommodations shall be
1358 deposited into the account of provided through the Friends of
1359 Florida State Forests Program created under s. 589.012 and used
1360 for Operation Outdoor Freedom Program activities.
1361 (e)1. A private landowner who provides land for designation
1362 and use as an Operation Outdoor Freedom Program hunting site
1363 shall have limited liability pursuant to s. 375.251.
1364 2. A private landowner who consents to the designation and
1365 use of land as part of the Operation Outdoor Freedom Program
1366 without compensation shall be considered a volunteer, as defined
1367 in s. 110.501, and shall be covered by state liability
1368 protection pursuant to s. 768.28, including s. 768.28(9).
1369 3. This subsection does not:
1370 a. Relieve any person of liability that would otherwise
1371 exist for deliberate, willful, or malicious injury to persons or
1372 property.
1373 b. Create or increase the liability of any person.
1374 (f) The Legislature shall designate the second Saturday of
1375 each November as Operation Outdoor Freedom Day.
1376 (g)(e) The Florida Forest Service may adopt rules to
1377 administer this subsection.
1378 Section 22. Section 589.30, Florida Statutes, is amended to
1379 read:
1380 589.30 Duty of district or center manager forester.—It
1381 shall be the duty of the district or center manager forester to
1382 direct all work in accordance with the law and regulations of
1383 the Florida Forest Service; gather and disseminate information
1384 in the management of commercial timber, including establishment,
1385 protection and utilization; and assist in the development and
1386 use of forest lands for outdoor recreation, watershed
1387 protection, and wildlife habitat. The district or center manager
1388 forester or his or her representative shall provide
1389 encouragement and technical assistance to individuals and urban
1390 and county officials in the planning, establishment, and
1391 management of trees and plant associations to enhance the beauty
1392 of the urban and suburban environment and meet outdoor
1393 recreational needs.
1394 Section 23. Subsections (1), (2), (3), (7), and (10) of
1395 section 590.02, Florida Statutes, are amended to read:
1396 590.02 Florida Forest Service; powers, authority, and
1397 duties; liability; building structures; Florida Center for
1398 Wildfire and Forest Resources Management Training.—
1399 (1) The Florida Forest Service has the following powers,
1400 authority, and duties:
1401 (a) To enforce the provisions of this chapter;
1402 (b) To prevent, detect, and suppress, and extinguish
1403 wildfires wherever they may occur on public or private land in
1404 this state and to do all things necessary in the exercise of
1405 such powers, authority, and duties;
1406 (c) To provide firefighting crews, who shall be under the
1407 control and direction of the Florida Forest Service and its
1408 designated agents;
1409 (d) To appoint center managers, forest area supervisors,
1410 forestry program administrators, a forest protection bureau
1411 chief, a forest protection assistant bureau chief, a field
1412 operations bureau chief, deputy chiefs of field operations,
1413 district managers, forest operations administrators, senior
1414 forest rangers, investigators, forest rangers, firefighter
1415 rotorcraft pilots, and other employees who may, at the Florida
1416 Forest Service’s discretion, be certified as forestry
1417 firefighters pursuant to s. 633.35(4). Other provisions of law
1418 notwithstanding, center managers, district managers, forest
1419 protection assistant bureau chief, and deputy chiefs of field
1420 operations shall have Selected Exempt Service status in the
1421 state personnel designation;
1422 (e) To develop a training curriculum for forestry
1423 firefighters which must contain the basic volunteer structural
1424 fire training course approved by the Florida State Fire College
1425 of the Division of State Fire Marshal and a minimum of 250 hours
1426 of wildfire training;
1427 (f) To make rules to accomplish the purposes of this
1428 chapter;
1429 (g) To provide fire management services and emergency
1430 response assistance and to set and charge reasonable fees for
1431 performance of those services. Moneys collected from such fees
1432 shall be deposited into the Incidental Trust Fund of the Florida
1433 Forest Service; and
1434 (h) To require all state, regional, and local government
1435 agencies operating aircraft in the vicinity of an ongoing
1436 wildfire to operate in compliance with the applicable state
1437 Wildfire Aviation Plan; and
1438 (i) To authorize broadcast burning, prescribed burning,
1439 pile burning, and land clearing debris burning to carry out the
1440 duties of this chapter and the rules adopted thereunder.
1441 (2) The Florida Forest Service’s employees, and the
1442 firefighting crews under their control and direction, may enter
1443 upon any lands for the purpose of preventing, detecting, and
1444 suppressing wildfires and investigating smoke complaints or open
1445 burning not in compliance with authorization and to enforce the
1446 provisions of this chapter.
1447 (3) Employees of the Florida Forest Service and of federal,
1448 state, and local agencies, and all other persons and entities
1449 that are under contract or agreement with the Florida Forest
1450 Service to assist in firefighting operations as well as those
1451 entities, called upon by the Florida Forest Service to assist in
1452 firefighting may, in the performance of their duties, set
1453 counterfires, remove fences and other obstacles, dig trenches,
1454 cut firelines, use water from public and private sources, and
1455 carry on all other customary activities in the fighting of
1456 wildfires without incurring liability to any person or entity.
1457 The manner in which the Florida Forest Service monitors a
1458 smoldering wildfire, smoldering prescribed fire, or fights any
1459 wildfire are planning level activities for which sovereign
1460 immunity applies and is not waived.
1461 (7) The Florida Forest Service may organize, staff, equip,
1462 and operate the Florida Center for Wildfire and Forest Resources
1463 Management Training Center. The center shall serve as a site
1464 where fire and forest resource managers can obtain current
1465 knowledge, techniques, skills, and theory as they relate to
1466 their respective disciplines.
1467 (a) The center may establish cooperative efforts involving
1468 federal, state, and local entities; hire appropriate personnel;
1469 and engage others by contract or agreement with or without
1470 compensation to assist in carrying out the training and
1471 operations of the center.
1472 (b) The center shall provide wildfire suppression training
1473 opportunities for rural fire departments, volunteer fire
1474 departments, and other local fire response units.
1475 (c) The center will focus on curriculum related to, but not
1476 limited to, fuel reduction, an incident management system,
1477 prescribed burning certification, multiple-use land management,
1478 water quality, forest health, environmental education, and
1479 wildfire suppression training for structural firefighters.
1480 (d) The center may assess appropriate fees for food,
1481 lodging, travel, course materials, and supplies in order to meet
1482 its operational costs and may grant free meals, room, and
1483 scholarships to persons and other entities in exchange for
1484 instructional assistance.
1485 (e) An advisory committee consisting of the following
1486 individuals or their designees must review program curriculum,
1487 course content, and scheduling: the director of the Florida
1488 Forest Service; the assistant director of the Florida Forest
1489 Service; the director of the School of Forest Resources and
1490 Conservation of the University of Florida; the director of the
1491 Division of Recreation and Parks of the Department of
1492 Environmental Protection; the director of the Division of the
1493 State Fire Marshal; the director of the Florida Chapter of The
1494 Nature Conservancy; the executive vice president of the Florida
1495 Forestry Association; the president of the Florida Farm Bureau
1496 Federation; the executive director of the Fish and Wildlife
1497 Conservation Commission; the executive director of a water
1498 management district as appointed by the Commissioner of
1499 Agriculture; the supervisor of the National Forests in Florida;
1500 the president of the Florida Fire Chief’s Association; and the
1501 executive director of the Tall Timbers Research Station.
1502 (10)(a) Notwithstanding the provisions of s. 252.38, the
1503 Florida Forest Service has exclusive authority to require and
1504 issue authorizations for broadcast burning and agricultural and
1505 silvicultural pile burning. An agency, commission, department,
1506 county, municipality, or other political subdivision of the
1507 state may not adopt or enforce laws, regulations, rules, or
1508 policies pertaining to broadcast burning or agricultural and
1509 silvicultural pile burning unless an emergency order is declared
1510 in accordance with s. 252.38(3).
1511 (b) The Florida Forest Service may delegate to a county, or
1512 municipality, or special district its authority:,
1513 1. As delegated by the Department of Environmental
1514 Protection pursuant to ss. 403.061(28) and 403.081, to manage
1515 and enforce regulations pertaining to require and issue
1516 authorizations for the burning of yard trash and debris from
1517 land clearing operations in accordance with s. 590.125(6).
1518 2. To manage the open burning of land clearing debris in
1519 accordance with s. 590.125.
1520 Section 24. Subsection (1) of section 590.11, Florida
1521 Statutes, is amended to read:
1522 590.11 Recreational fires.—
1523 (1) It is unlawful for any individual or group of
1524 individuals to build a warming fire, bonfire, or campfire and
1525 leave it unattended while visible flame, smoke, or emissions
1526 exist unextinguished.
1527 Section 25. Subsections (1) and (2), paragraphs (b) and (c)
1528 of subsection (3), and paragraph (a) of subsection (4) of
1529 section 590.125, Florida Statutes, are amended to read:
1530 590.125 Open burning authorized by the Florida Forest
1531 Service.—
1532 (1) DEFINITIONS.—As used in this section, the term:
1533 (a) “Certified pile burner” means an individual who
1534 successfully completes the pile burning certification program of
1535 the Florida Forest Service and possesses a valid pile burner
1536 certification number.
1537 (b) “Certified pile burning” means a pile burn conducted in
1538 accordance with a written pile burning plan by a certified pile
1539 burner.
1540 (c)(b) “Certified prescribed burn manager” means an
1541 individual who successfully completes the certified prescribed
1542 burning program of the Florida Forest Service and possesses a
1543 valid certification number.
1544 (d) “Certified prescribed burning” means prescribed burning
1545 in accordance with a written prescription conducted by a
1546 certified prescribed burn manager.
1547 (e) “Contained” means that fire and smoldering exist
1548 entirely within established or natural firebreaks.
1549 (f)(c) “Completed” “Extinguished” means that for:
1550 1. Broadcast burning, no continued lateral movement of fire
1551 across the authorized area into entirely unburned fuels within
1552 the authorized area Wildland burning or certified prescribed
1553 burning, no spreading flames exist.
1554 2. Certified pile Vegetative land-clearing debris burning
1555 or pile burning, no visible flames exist.
1556 3. Certified pile Vegetative land-clearing debris burning
1557 or pile burning in an area designated as smoke sensitive by the
1558 Florida Forest Service, no visible flames, smoke, or emissions
1559 exist.
1560 (g) “Gross negligence” means conduct so reckless or wanting
1561 in care that it constitutes a conscious disregard or
1562 indifference to the life, safety, or rights of persons exposed
1563 to such conduct.
1564 (d) “Land-clearing operation” means the uprooting or
1565 clearing of vegetation in connection with the construction of
1566 buildings and rights-of-way, land development, and mineral
1567 operations. The term does not include the clearing of yard
1568 trash.
1569 (h)(e) “Pile burning” means the burning of silvicultural,
1570 agricultural, or land-clearing, or and tree-cutting debris
1571 originating onsite, which is stacked together in a round or
1572 linear fashion, including, but not limited to, a windrow. Pile
1573 burning authorized by the Florida Forest Service is a temporary
1574 procedure, which operates on the same site for 6 months or less.
1575 (i) “Pile burn plan” means a written plan establishing the
1576 method of conducting a certified pile burn.
1577 (j)(f) “Prescribed burning” means the controlled
1578 application of fire by broadcast burning in accordance with a
1579 written prescription for vegetative fuels under specified
1580 environmental conditions, while following appropriate
1581 precautionary measures to guard against the spread of fire
1582 beyond that ensure that the fire is confined to a predetermined
1583 area to accomplish the planned fire or land management
1584 objectives.
1585 (k)(g) “Prescription” means a written plan establishing the
1586 conditions and method for conducting criteria necessary for
1587 starting, controlling, and extinguishing a certified prescribed
1588 burn.
1589 (l) “Smoldering” means the continued consumption of fuels,
1590 which may emit flames and smoke, after a fire is contained.
1591 (m)(h) “Yard trash” means vegetative matter resulting from
1592 landscaping and yard maintenance operations and other such
1593 routine property cleanup activities. The term includes materials
1594 such as leaves, shrub trimmings, grass clippings, brush, and
1595 palm fronds.
1596 (2) NONCERTIFIED BURNING.—
1597 (a) Persons may be authorized to broadcast burn or pile
1598 burn wild land or vegetative land-clearing debris in accordance
1599 with this subsection if:
1600 1. There is specific consent of the landowner or his or her
1601 designee;
1602 2. Authorization has been obtained from the Florida Forest
1603 Service or its designated agent before starting the burn;
1604 3. There are adequate firebreaks at the burn site and
1605 sufficient personnel and firefighting equipment for the
1606 containment control of the fire;
1607 4. The fire remains within the boundary of the authorized
1608 area;
1609 5. The person named responsible in the burn authorization
1610 or a designee An authorized person is present at the burn site
1611 until the fire is completed extinguished;
1612 6. The Florida Forest Service does not cancel the
1613 authorization; and
1614 7. The Florida Forest Service determines that air quality
1615 and fire danger are favorable for safe burning.
1616 (b) A person who broadcast burns or pile burns wild land or
1617 vegetative land-clearing debris in a manner that violates any
1618 requirement of this subsection commits a misdemeanor of the
1619 second degree, punishable as provided in s. 775.082 or s.
1620 775.083.
1621 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1622 PURPOSE.—
1623 (b) Certified prescribed burning pertains only to broadcast
1624 burning for purposes of silviculture, wildland fire hazard
1625 reduction, wildlife management, ecological maintenance and
1626 restoration, and agriculture range and pasture management. It
1627 must be conducted in accordance with this subsection and:
1628 1. May be accomplished only when a certified prescribed
1629 burn manager is present on site with a copy of the prescription
1630 and directly supervises the certified prescribed burn until the
1631 burn is completed, after which the certified prescribed burn
1632 manager is not required to be present from ignition of the burn
1633 to its completion.
1634 2. Requires that a written prescription be prepared before
1635 receiving authorization to burn from the Florida Forest Service.
1636 a. A new prescription or authorization is not required for
1637 smoldering that occurs within the authorized burn area unless
1638 new ignitions are conducted by the certified prescribed burn
1639 manager.
1640 b. Monitoring the smoldering activity of a certified
1641 prescribed burn does not require a prescription or an additional
1642 authorization even if flames begin to spread within the
1643 authorized burn area due to ongoing smoldering.
1644 3. Requires that the specific consent of the landowner or
1645 his or her designee be obtained before requesting an
1646 authorization.
1647 4. Requires that an authorization to burn be obtained from
1648 the Florida Forest Service before igniting the burn.
1649 5. Requires that there be adequate firebreaks at the burn
1650 site and sufficient personnel and firefighting equipment to
1651 contain for the control of the fire within the authorized burn
1652 area.
1653 a. Fire spreading outside the authorized burn area on the
1654 day of the certified prescribed burn ignition does not
1655 constitute conclusive proof of inadequate firebreaks,
1656 insufficient personnel, or a lack of firefighting equipment.
1657 b. If the certified prescribed burn is contained within the
1658 authorized burn area during the authorized period, a strong
1659 rebuttable presumption shall exist that adequate firebreaks,
1660 sufficient personnel, and sufficient firefighting equipment were
1661 present.
1662 c. Continued smoldering of a certified prescribed burn
1663 resulting in a subsequent wildfire does not by itself constitute
1664 evidence of gross negligence under this section.
1665 6. Is considered to be in the public interest and does not
1666 constitute a public or private nuisance when conducted under
1667 applicable state air pollution statutes and rules.
1668 7. Is considered to be a property right of the property
1669 owner if vegetative fuels are burned as required in this
1670 subsection.
1671 (c) Neither A property owner or leaseholder, nor his or her
1672 agent, contractor, or legally authorized designee is not liable
1673 pursuant to s. 590.13 for damage or injury caused by the fire,
1674 including the reignition of a smoldering, previously contained
1675 burn, or resulting smoke or considered to be in violation of
1676 subsection (2) for burns conducted in accordance with this
1677 subsection, unless gross negligence is proven. The Florida
1678 Forest Service is not liable for burns for which it issues
1679 authorizations.
1680 (4) CERTIFIED PILE BURNING.—
1681 (a) Certified pile burning pertains to the disposal of
1682 piled, naturally occurring debris from an agricultural,
1683 silvicultural, or temporary land-clearing, or tree cutting
1684 debris originating on site operation. A land-clearing operation
1685 is temporary if it operates for 6 months or less. Certified pile
1686 burning must be conducted in accordance with the following:
1687 1. A certified pile burner must ensure, before ignition,
1688 that the piles are properly placed and that the content of the
1689 piles is conducive to efficient burning.
1690 2. A certified pile burner must ensure that the authorized
1691 burn is completed piles are properly extinguished no later than
1692 1 hour after sunset. If the burn is conducted in an area
1693 designated by the Florida Forest Service as smoke sensitive, a
1694 certified pile burner must ensure that the authorized burn is
1695 completed piles are properly extinguished at least 1 hour before
1696 sunset.
1697 3. A written pile burning plan must be prepared before
1698 receiving authorization from the Florida Forest Service to burn
1699 and must be on site and available for inspection by a department
1700 representative.
1701 4. The specific consent of the landowner or his or her
1702 agent must be obtained before requesting authorization to burn.
1703 5. An authorization to burn must be obtained from the
1704 Florida Forest Service or its designated agent before igniting
1705 the burn.
1706 6. There must be adequate firebreaks and sufficient
1707 personnel and firefighting equipment at the burn site to contain
1708 the burn to the piles authorized control the fire.
1709 Section 26. Section 590.25, Florida Statutes, is amended to
1710 read:
1711 590.25 Penalty for preventing or obstructing the
1712 prevention, detection, or suppression extinguishment of
1713 wildfires.—Whoever interferes shall interfere with, obstructs
1714 obstruct or commits commit any act aimed to obstruct the
1715 prevention, detection, or suppression extinguishment of
1716 wildfires by the employees of the Florida Forest Service or any
1717 other person engaged in the prevention, detection, or
1718 suppression extinguishment of a wildfire, or who damages or
1719 destroys any equipment being used for such purpose, commits
1720 shall be guilty of a felony of the third degree, punishable as
1721 provided in s. 775.082, s. 775.083, or s. 775.084.
1722 Section 27. Chapter 595, Florida Statutes, is created,
1723 shall consist of sections 595.401-595.701, Florida Statutes, and
1724 shall be entitled “School Food and Nutrition Services.”
1725 Section 28. Section 595.401, Florida Statutes, is created
1726 to read:
1727 595.401 Short title.—This chapter may be cited as the
1728 “Florida School Food and Nutrition Act.”
1729 Section 29. Section 595.402, Florida Statutes, is created
1730 to read:
1731 595.402 Definitions.—As used in this chapter, the term:
1732 (1) “Commissioner” means the Commissioner of Agriculture.
1733 (2) “Department” means the Department of Agriculture and
1734 Consumer Services.
1735 (3) “Program” means any one or more of the school food and
1736 nutrition service programs that the department has
1737 responsibility over including, but not limited to, the National
1738 School Lunch Program, the Special Milk Program, the School
1739 Breakfast Program, the Summer Food Service Program, the Fresh
1740 Fruit and Vegetable Program, and any other program that relates
1741 to school nutrition.
1742 (4) “School district” means any of the 67 county school
1743 districts, including the respective district school board.
1744 (5) “Sponsor” means any entity that is conducting a program
1745 under a current agreement with the department.
1746 Section 30. Section 595.403, Florida Statutes, is created
1747 to read:
1748 595.403 State policy.—The Legislature, in recognition of
1749 the demonstrated relationship between good nutrition and the
1750 capacity of students to develop and learn, declares that it is
1751 the policy of the state to provide standards for school food and
1752 nutrition services and to require each school district to
1753 establish and maintain an appropriate school food and nutrition
1754 service program consistent with the nutritional needs of
1755 students. To implement that policy, the state shall provide
1756 funds to meet the state National School Lunch Act matching
1757 requirements. The funds provided shall be distributed in such a
1758 manner as to comply with the requirements of the National School
1759 Lunch Act.
1760 Section 31. Section 570.98, Florida Statutes, is
1761 transferred, renumbered as section 595.404, Florida Statutes,
1762 and amended to read:
1763 595.404 570.98 School food and nutrition service program;
1764 powers and duties of the department programs.—
1765 (1) The department has the following powers and duties:
1766 shall
1767 (1) To conduct, supervise, and administer the program all
1768 school food and nutrition programs that will be carried out
1769 using federal or state funds, or funds from any other source.
1770 (2) To fully The department shall cooperate fully with the
1771 United States Government and its agencies and instrumentalities
1772 so that the department may receive the benefit of all federal
1773 financial allotments and assistance possible to carry out the
1774 purposes of this chapter.
1775 (3) To implement and adopt by rule, as required, federal
1776 regulations to maximize federal assistance for the program. The
1777 department may
1778 (4) To act as agent of, or contract with, the Federal
1779 Government, another state agency, or any county or municipal
1780 government, or sponsor for the administration of the program
1781 school food and nutrition programs, including the distribution
1782 of funds provided by the Federal Government to support the
1783 program school food and nutrition programs.
1784 (5) To make a reasonable effort to ensure that any school
1785 designated as a “severe need school” receives the highest rate
1786 of reimbursement to which it is entitled under 42 U.S.C. s. 1773
1787 for each breakfast meal served.
1788 (6) To develop and propose legislation necessary to
1789 implement the program, encourage the development of innovative
1790 school food and nutrition services, and expand participation in
1791 the program.
1792 (7) To annually allocate among the sponsors, as applicable,
1793 funds provided from the school breakfast supplement in the
1794 General Appropriations Act based on each district’s total number
1795 of free and reduced-price breakfast meals served.
1796 (8) To employ such persons as are necessary to perform its
1797 duties under this chapter.
1798 (9) To adopt rules covering the administration, operation,
1799 and enforcement of the program as well as to implement the
1800 provisions of this chapter.
1801 (10) To adopt and implement an appeal process by rule, as
1802 required by federal regulations, for applicants and participants
1803 under the program, notwithstanding s. 120.569 and ss. 120.57
1804 120.595.
1805 (11) To assist, train, and review each sponsor in its
1806 implementation of the program.
1807 (12) To advance funds from the program’s annual
1808 appropriation to sponsors, when requested, in order to implement
1809 the provisions of this chapter and in accordance with federal
1810 regulations.
1811 Section 32. Subsections (1) through (5) of section 570.981,
1812 Florida Statutes, are transferred, renumbered as section
1813 595.405, Florida Statutes, and amended to read:
1814 595.405 570.981 Program requirements for school districts
1815 and sponsors food service programs.—
1816 (1) In recognition of the demonstrated relationship between
1817 good nutrition and the capacity of students to develop and
1818 learn, it is the policy of the state to provide standards for
1819 school food service and to require district school boards to
1820 establish and maintain an appropriate private school food
1821 service program consistent with the nutritional needs of
1822 students.
1823 (2) The department shall adopt rules covering the
1824 administration and operation of the school food service
1825 programs.
1826 (1)(3) Each school district school board shall consider the
1827 recommendations of the district school superintendent and adopt
1828 policies to provide for an appropriate food and nutrition
1829 service program for students consistent with federal law and
1830 department rules rule.
1831 (4) The state shall provide the state National School Lunch
1832 Act matching requirements. The funds provided shall be
1833 distributed in such a manner as to comply with the requirements
1834 of the National School Lunch Act.
1835 (2)(5)(a) Each school district school board shall implement
1836 school breakfast programs that make breakfast meals available to
1837 all students in each elementary school. Universal school
1838 breakfast programs shall be offered in schools in which 80
1839 percent or more of the students are eligible for free or
1840 reduced-price meals. Each school shall, to the maximum extent
1841 practicable, make breakfast meals available to students at an
1842 alternative site location, which may include, but need not be
1843 limited to, alternative breakfast options as described in
1844 publications of the Food and Nutrition Service of the United
1845 States Department of Agriculture for the federal School
1846 Breakfast Program.
1847 (3)(b) Each school district must annually set prices for
1848 breakfast meals at rates that, combined with federal
1849 reimbursements and state allocations, are sufficient to defray
1850 costs of school breakfast programs without requiring allocations
1851 from the district’s operating funds, except if the district
1852 school board approves lower rates.
1853 (4)(c) Each school district school board is encouraged to
1854 provide universal-free school breakfast meals to all students in
1855 each elementary, middle, and high school. Each school district
1856 school board shall approve or disapprove a policy, after
1857 receiving public testimony concerning the proposed policy at two
1858 or more regular meetings, which makes universal-free school
1859 breakfast meals available to all students in each elementary,
1860 middle, and high school in which 80 percent or more of the
1861 students are eligible for free or reduced-price meals.
1862 (5)(d) Each elementary, middle, and high school shall make
1863 a breakfast meal available if a student arrives at school on the
1864 school bus less than 15 minutes before the first bell rings and
1865 shall allow the student at least 15 minutes to eat the
1866 breakfast.
1867 (6)(e) Each school district shall annually provide to all
1868 students in each elementary, middle, and high school information
1869 prepared by the district’s food service administration regarding
1870 its school breakfast programs. The information shall be
1871 communicated through school announcements and written notices
1872 notice sent to all parents.
1873 (7)(f) A school district school board may operate a
1874 breakfast program providing for food preparation at the school
1875 site or in central locations with distribution to designated
1876 satellite schools or any combination thereof.
1877 (8) Each sponsor shall complete all corrective action plans
1878 required by the department or a federal agency to be in
1879 compliance with the program.
1880 (g) The commissioner shall make every reasonable effort to
1881 ensure that any school designated as a “severe need school”
1882 receives the highest rate of reimbursement to which it is
1883 entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
1884 (h) The department shall annually allocate among the school
1885 districts funds provided from the school breakfast supplement in
1886 the General Appropriations Act based on each district’s total
1887 number of free and reduced-price breakfast meals served.
1888 Section 33. Subsection (6) of section 570.981, Florida
1889 Statutes, is transferred, renumbered as section 595.406, Florida
1890 Statutes, and amended to read:
1891 595.406 570.981 Florida Farm Fresh Schools Program School
1892 food service programs.—
1893 (6) The Legislature, recognizing that school children need
1894 nutritious food not only for healthy physical and intellectual
1895 development but also to combat diseases related to poor
1896 nutrition and obesity, establishes the Florida Farm Fresh
1897 Schools Program within the department. The program shall comply
1898 with the regulations of the National School Lunch Program and
1899 require:
1900 (1)(a) In order to implement the Florida Farm Fresh Schools
1901 Program, the department shall to develop policies pertaining to
1902 school food services which encourage:
1903 (a)1. Sponsors School districts to buy fresh and high
1904 quality foods grown in this state when feasible.
1905 (b)2. Farmers in this state to sell their products to
1906 sponsors, school districts, and schools.
1907 (c)3. Sponsors School districts and schools to demonstrate
1908 a preference for competitively priced organic food products.
1909 (d)(b) Sponsors School districts and schools to make
1910 reasonable efforts to select foods based on a preference for
1911 those that have maximum nutritional content.
1912 (2)(c) The department shall to provide outreach, guidance,
1913 and training to sponsors school districts, schools, school food
1914 service directors, parent and teacher organizations, and
1915 students about the benefit benefits of fresh food products from
1916 farms in this state.
1917 Section 34. Section 570.982, Florida Statutes, is
1918 transferred, renumbered as section 595.407, Florida Statutes,
1919 and amended to read:
1920 595.407 570.982 Children′s summer nutrition program.—
1921 (1) This section may be cited as the “Ms. Willie Ann Glenn
1922 Act.”
1923 (2) Each school district school board shall develop a plan
1924 to sponsor a summer nutrition program to operate sites in the
1925 school district as follows:
1926 (a) Within 5 miles of at least one elementary school at
1927 which 50 percent or more of the students are eligible for free
1928 or reduced-price school meals and for the duration of 35
1929 consecutive days.; and
1930 (b) Except as operated pursuant to paragraph (a), Within 10
1931 miles of each elementary school at which 50 percent or more of
1932 the students are eligible for free or reduced-price school
1933 meals, except as operated pursuant to paragraph (a).
1934 (3)(a) A school district school board may be exempt from
1935 sponsoring a summer nutrition program pursuant to this section.
1936 A school district school board seeking such exemption must
1937 include the issue on an agenda at a regular or special school
1938 district school board meeting that is publicly noticed, provide
1939 residents an opportunity to participate in the discussion, and
1940 vote on whether to be exempt from this section. The school
1941 district school board shall notify the department commissioner
1942 within 10 days after it decides to become exempt from this
1943 section.
1944 (b) Each year, the school district school board shall
1945 reconsider its decision to be exempt from the provisions of this
1946 section and shall vote on whether to continue the exemption from
1947 sponsoring a summer nutrition program. The school district
1948 school board shall notify the department commissioner within 10
1949 days after each subsequent year’s decision to continue the
1950 exemption.
1951 (c) If a school district school board elects to be exempt
1952 from sponsoring a summer nutrition program under this section,
1953 the school district school board may encourage not-for-profit
1954 entities to sponsor the program. If a not-for-profit entity
1955 chooses to sponsor the summer nutrition program but fails to
1956 perform with regard to the program, the district school board,
1957 the school district, and the department are not required to
1958 continue the program and shall be held harmless from any
1959 liability arising from the discontinuation of the summer
1960 nutrition program.
1961 (4) The superintendent of schools may collaborate with
1962 municipal and county governmental agencies and private, not-for
1963 profit leaders in implementing the plan. Although schools have
1964 proven to be the optimal site for a summer nutrition program,
1965 any not-for-profit entity may serve as a site or sponsor. By
1966 April 15 of each year, each school district with a summer
1967 nutrition program shall report to the department the district’s
1968 summer nutrition program sites in compliance with this section.
1969 (5) The department shall provide to each school district
1970 school board by February 15 of each year a list of local
1971 organizations that have filed letters of intent to participate
1972 in the summer nutrition program in order that a school district
1973 may school board is able to determine how many sites are needed
1974 to serve the children and where to place each site.
1975 Section 35. Section 570.072, Florida Statutes, is
1976 transferred and renumbered as section 595.408, Florida Statutes.
1977 Section 36. Section 595.501, Florida Statutes, is created
1978 to read:
1979 595.501 Penalties.—Any person, sponsor, or school district
1980 that violates any provision of this chapter or any rule adopted
1981 thereunder or otherwise does not comply with the program is
1982 subject to a suspension or revocation of their agreement, loss
1983 of reimbursement, or a financial penalty in accordance with
1984 federal or state law or both. This section does not restrict the
1985 applicability of any other law.
1986 Section 37. Section 570.983, Florida Statutes, is
1987 transferred, renumbered as section 595.601, Florida Statutes,
1988 and amended to read:
1989 595.601 570.983 Food and Nutrition Services Trust Fund.
1990 Chapter 99-37, Laws of Florida, recreated the Food and Nutrition
1991 Services Trust Fund to record revenue and disbursements of
1992 Federal Food and Nutrition funds received by the department as
1993 authorized in s. 595.405 570.981.
1994 Section 38. Section 570.984, Florida Statutes, is
1995 transferred and renumbered as section 595.701, Florida Statutes,
1996 to read:
1997 595.701 570.984 Healthy Schools for Healthy Lives Council.—
1998 (1) There is created within the Department of Agriculture
1999 and Consumer Services the Healthy Schools for Healthy Lives
2000 Council, which shall consist of 11 members appointed by the
2001 Commissioner of Agriculture. The council shall advise the
2002 department on matters relating to nutritional standards and the
2003 prevention of childhood obesity, nutrition education,
2004 anaphylaxis, and other needs to further the development of the
2005 various school nutrition programs.
2006 (2) The meetings, powers, duties, procedures, and
2007 recordkeeping of the Healthy Schools for Healthy Lives Council
2008 shall be governed by s. 570.0705, relating to advisory
2009 committees established within the department.
2010 Section 39. Subsection (16) of section 1001.42, Florida
2011 Statutes, is amended to read:
2012 1001.42 Powers and duties of district school board.—The
2013 district school board, acting as a board, shall exercise all
2014 powers and perform all duties listed below:
2015 (16) SCHOOL LUNCH PROGRAM.—Assume such responsibilities and
2016 exercise such powers and perform such duties as may be assigned
2017 to it by law or as may be required by rules of the Department of
2018 Agriculture and Consumer Services State Board of Education or,
2019 as in the opinion of the district school board, are necessary to
2020 ensure school lunch services, consistent with needs of students;
2021 effective and efficient operation of the program; and the proper
2022 articulation of the school lunch program with other phases of
2023 education in the district.
2024 Section 40. Subsection (1) of section 1003.453, Florida
2025 Statutes, is amended to read:
2026 1003.453 School wellness and physical education policies;
2027 nutrition guidelines.—
2028 (1) Each school district shall electronically submit to the
2029 Department of Education a copy of its local school wellness
2030 policy to the Department of Agriculture and Consumer Services as
2031 required by the Child Nutrition and WIC Reauthorization Act of
2032 2004 and a copy of its physical education policy required under
2033 s. 1003.455 to the Department of Education. Each school district
2034 shall annually review its local school wellness policy and
2035 physical education policy and provide a procedure for public
2036 input and revisions. In addition, each school district shall
2037 provide its revised local school send an updated copy of its
2038 wellness policy and revised physical education policy to the
2039 applicable department and to the Department of Agriculture and
2040 Consumer Services when a change or revision is made.
2041 Section 41. Sections 487.0615, 570.382, 570.97, and 590.50,
2042 Florida Statutes, are repealed.
2043 Section 42. Subsection (5) of section 487.041, Florida
2044 Statutes, is amended to read:
2045 487.041 Registration.—
2046 (5) The department shall provide summary information to the
2047 Pesticide Review Council regarding applications for registration
2048 of those pesticides for which data received in the registration
2049 process indicate that the pesticide, when used according to
2050 label instructions and precautions, may have a significant
2051 potential for adverse effects on human health or the
2052 environment. The council shall be kept apprised of the status of
2053 these applications while under review and of the final action by
2054 the Commissioner of Agriculture regarding the registration of
2055 these pesticides.
2056 Section 43. Paragraph (b) of subsection (8) of section
2057 550.2625, Florida Statutes, is amended to read:
2058 550.2625 Horseracing; minimum purse requirement, Florida
2059 breeders’ and owners’ awards.—
2060 (8)
2061 (b) The division shall deposit these collections to the
2062 credit of the General Inspection Trust Fund in a special account
2063 to be known as the “Florida Arabian Horse Racing Promotion
2064 Account.” The Department of Agriculture and Consumer Services
2065 shall administer the funds and adopt suitable and reasonable
2066 rules for the administration thereof. The moneys in the Florida
2067 Arabian Horse Racing Promotion Account shall be allocated solely
2068 for supplementing and augmenting purses and prizes and for the
2069 general promotion of owning and breeding of racing Arabian
2070 horses in this state; and the moneys may not be used to defray
2071 any expense of the Department of Agriculture and Consumer
2072 Services in the administration of this chapter, except that the
2073 moneys generated by Arabian horse registration fees received
2074 pursuant to s. 570.382 may be used as provided in paragraph
2075 (5)(b) of that section.
2076 Section 44. Paragraphs (b) and (c) of subsection (2) of
2077 section 550.2633, Florida Statutes, are amended to read:
2078 550.2633 Horseracing; distribution of abandoned interest in
2079 or contributions to pari-mutuel pools.—
2080 (2) All moneys or other property which has escheated to and
2081 become the property of the state as provided herein and which is
2082 held by a permitholder authorized to conduct pari-mutuel pools
2083 in this state shall be paid annually by the permitholder to the
2084 recipient designated in this subsection within 60 days after the
2085 close of the race meeting of the permitholder. Section 550.1645
2086 notwithstanding, the moneys shall be paid by the permitholder as
2087 follows:
2088 (b) Except as provided in paragraph (c), Funds from quarter
2089 horse races shall be paid to the Florida Quarter Horse Breeders
2090 and Owners Association and shall be allocated solely for
2091 supplementing and augmenting purses and prizes and for the
2092 general promotion of owning and breeding of racing quarter
2093 horses in this state, as provided for in s. 550.2625.
2094 (c) Funds for Arabian horse races conducted under a quarter
2095 horse racing permit shall be deposited into the General
2096 Inspection Trust Fund in a special account to be known as the
2097 “Florida Arabian Horse Racing Promotion Account” and shall be
2098 used for the payment of breeders’ awards and stallion awards as
2099 provided for in s. 570.382.
2100 Section 45. In order to effectuate the repeal of s. 570.97,
2101 Florida Statutes, and to honor the wishes of the donor, for the
2102 2013-2014 fiscal year, the sum of $59,239 in nonrecurring funds
2103 is appropriated to the Department of Agriculture and Consumer
2104 Services in the expenses appropriation category for deposit in
2105 the General Inspection Trust Fund to be used by the Division of
2106 Animal Industry for disbursement to Florida Animal Friend, Inc.
2107 Section 46. This act shall take effect upon becoming a law.
2108
2109 ================= T I T L E A M E N D M E N T ================
2110 And the title is amended as follows:
2111 Delete everything before the enacting clause
2112 and insert:
2113 A bill to be entitled
2114 An act relating to the Department of Agriculture and
2115 Consumer Services; amending s. 253.034, F.S.;
2116 requiring public hearings relating to the development
2117 of land management plans to be held in any one, rather
2118 than each, county affected by such plans; amending s.
2119 259.1052, F.S.; providing for Lee County to retain
2120 ownership and assume responsibility for management of
2121 a specified portion of the Babcock Crescent B Ranch
2122 Florida Forever acquisition; requiring certain
2123 activities on the property to be compatible with
2124 working ranch and agricultural activities;
2125 establishing the Department of Agriculture and
2126 Consumer Services as the lead agency responsible for
2127 managing the Babcock Crescent B Ranch; amending s.
2128 259.10521, F.S.; replacing the term “Babcock Crescent
2129 B Ranch” with the term “Babcock Ranch Preserve” for
2130 limited purposes; amending s. 259.1053, F.S.; deleting
2131 and revising provisions of the Babcock Ranch Preserve
2132 Act to conform to the termination or expiration of the
2133 management agreement and the dissolution of Babcock
2134 Ranch, Inc.; revising definitions; creating the
2135 Babcock Ranch Advisory Group; providing for the
2136 department to manage and operate the preserve;
2137 requiring certain fees to be deposited into the
2138 Incidental Trust Fund of the Florida Forest Service of
2139 the Department of Agriculture and Consumer Services,
2140 subject to appropriation; directing the Fish and
2141 Wildlife Conservation Commission, in cooperation with
2142 the department, to establish, implement, and
2143 administer certain activities and fees; requiring such
2144 fees to be deposited into the State Game Trust Fund of
2145 the Fish and Wildlife Conservation Commission and used
2146 for specified purposes; authorizing the Board of
2147 Trustees of the Internal Improvement Trust Fund to
2148 negotiate and enter into certain agreements and grant
2149 certain privileges, leases, concessions, and permits;
2150 providing for certain funds to revert to the
2151 Incidental Trust Fund of the Florida Forest Service
2152 upon dissolution of Babcock Ranch, Inc.; providing a
2153 date for dissolution of the Babcock Ranch Advisory
2154 Group, subject to Legislative reenactment; amending s.
2155 388.261, F.S.; revising provisions for the
2156 distribution and use of state funds for local mosquito
2157 control programs; amending s. 388.271, F.S.; revising
2158 the date by which mosquito control districts must
2159 submit their certified budgets for approval by the
2160 department; amending s. 487.160, F.S.; deleting
2161 provisions requiring the department to conduct a
2162 survey and compile a report on restricted-use
2163 pesticides; amending s. 534.083, F.S.; deleting
2164 permitting requirements for livestock haulers;
2165 amending s. 570.07, F.S.; clarifying the authority of
2166 the department to regulate certain open burning;
2167 creating s. 570.087, F.S.; providing legislative
2168 findings; requiring the Department of Agriculture and
2169 Consumer Services to enter into a memorandum of
2170 agreement with the Fish and Wildlife Conservation
2171 Commission for the purpose of developing voluntary
2172 best management practices for this state’s
2173 agricultural industry; allowing for pilot projects;
2174 providing that the department has rulemaking authority
2175 for these purposes; requiring that rules provide for a
2176 notice of intent to implement these practices;
2177 emphasizing that implementation of the best management
2178 practices created pursuant to this section is
2179 voluntary; restricting the adoption or enforcement of
2180 any law regarding the best management practices
2181 created pursuant to this section; creating s. 570.64,
2182 F.S.; establishing the duties of the Division of Food,
2183 Nutrition, and Wellness within the department;
2184 providing for a director of the division; amending s.
2185 570.902, F.S.; clarifying the applicability of
2186 definitions relating to certain designated programs
2187 and direct-support organizations; amending s. 570.903,
2188 F.S.; authorizing the department to establish direct
2189 support organizations for museums and other programs
2190 of the department; deleting provisions that limit the
2191 establishment of direct-support organizations to
2192 particular museums and programs; deleting provisions
2193 authorizing direct-support organizations to enter into
2194 certain contracts or agreements; clarifying provisions
2195 prohibiting specified entities from receiving
2196 commissions, fees, or financial benefits in connection
2197 with the sale or exchange of real property and
2198 historical objects; providing for the termination of
2199 agreements between the department and direct-support
2200 organizations; providing for the distribution of
2201 certain assets; deleting provisions requiring the
2202 department to establish certain procedures relating to
2203 museum artifacts and records; amending s. 576.051,
2204 F.S.; authorizing the department to establish certain
2205 criteria for fertilizer sampling and analysis;
2206 amending s. 576.061, F.S.; requiring the department to
2207 adopt rules establishing certain investigational
2208 allowances for fertilizer deficiencies; providing a
2209 date by which such allowances are effective and other
2210 allowances are repealed; amending s. 576.181, F.S.;
2211 revising the department’s authority to adopt rules
2212 establishing certain criteria for fertilizer analysis;
2213 amending s. 585.61, F.S.; deleting provisions for the
2214 establishment of an animal disease diagnostic
2215 laboratory in Suwannee County; amending s. 586.10,
2216 F.S.; authorizing apiary inspectors to be certified
2217 beekeepers under certain conditions; amending s.
2218 586.15, F.S.; authorizing the Department of
2219 Agriculture and Consumer Services to collect certain
2220 costs to be deposited into the General Inspection
2221 Trust Fund; amending s. 589.02, F.S.; deleting annual
2222 and special meeting requirements for the Florida
2223 Forestry Council; amending s. 589.19, F.S.;
2224 establishing the Operation Outdoor Freedom Program
2225 within the Florida Forest Service to replace
2226 provisions for the designation of specified hunt areas
2227 in state forests for wounded veterans and
2228 servicemembers; providing purpose and intent of the
2229 program; providing eligibility requirements for
2230 program participation; providing exceptions from
2231 eligibility requirements for certain activities;
2232 providing for deposit and use of funds donated to the
2233 program; limiting the liability of private landowners
2234 who provide land for designation as hunting sites for
2235 purposes of the program; amending s. 589.30, F.S.;
2236 revising references to certain Florida Forest Service
2237 personnel titles; amending s. 590.02, F.S.;
2238 authorizing the Florida Forest Service to allow
2239 certain types of burning; specifying that sovereign
2240 immunity applies to certain planning level activities;
2241 deleting provisions relating to the composition and
2242 duties of the Florida Forest Training Center advisory
2243 council; prohibiting government entities from banning
2244 certain types of burning; authorizing the service to
2245 delegate authority to special districts to manage
2246 certain types of burning; revising such authority
2247 delegated to counties and municipalities; amending s.
2248 590.11, F.S.; revising the prohibition on leaving
2249 certain recreational fires unattended, to which
2250 penalties apply; amending s. 590.125, F.S.; revising
2251 and providing definitions relating to open burning
2252 authorized by the Florida Forest Service; revising
2253 requirements for noncertified and certified burning;
2254 limiting the liability of the service and certain
2255 persons related to certain burns; amending s. 590.25,
2256 F.S.; revising provisions relating to criminal
2257 penalties for obstructing the prevention, detection,
2258 or suppression of wildfires; creating chapter 595,
2259 F.S., to establish the Florida School Food and
2260 Nutrition Act; creating s. 595.401, F.S.; providing a
2261 short title; creating s. 595.402, F.S.; providing
2262 definitions; creating s. 595.403, F.S.; declaring
2263 state policy relating to school food and nutrition
2264 services; transferring, renumbering, and amending ss.
2265 570.98 and 570.981, F.S., relating to school food and
2266 nutrition services and the Florida Farm Fresh Schools
2267 Program; revising the department’s duties and
2268 responsibilities for administering such services and
2269 program; revising requirements for school districts
2270 and sponsors; transferring, renumbering, and amending
2271 s. 570.982, F.S., relating to the children′s summer
2272 nutrition program; clarifying provisions; transferring
2273 and renumbering s. 570.072, F.S., relating to
2274 commodity distribution; creating s. 595.501, F.S.;
2275 providing certain penalties; transferring,
2276 renumbering, and amending s. 570.983, F.S., relating
2277 to the Food and Nutrition Services Trust Fund;
2278 conforming a cross-reference; transferring and
2279 renumbering s. 570.984, F.S., relating to the Healthy
2280 Schools for Healthy Lives Council; amending s.
2281 1001.42, F.S.; requiring district school boards to
2282 perform duties relating to school lunch programs as
2283 required by the department’s rules; amending s.
2284 1003.453, F.S.; requiring each school district to
2285 electronically submit a revised local school wellness
2286 policy to the Department of Agriculture and Consumer
2287 Services and a revised physical education policy to
2288 the Department of Education; repealing ss. 487.0615,
2289 570.382, 570.97, and 590.50, F.S., relating to the
2290 Pesticide Review Council, Arabian horse racing and the
2291 Arabian Horse Council, the Gertrude Maxwell Save a Pet
2292 Direct-Support Organization, and permits for the sale
2293 of cypress products, respectively; amending ss.
2294 487.041, 550.2625, and 550.2633, F.S.; conforming
2295 provisions; providing for the disbursement of
2296 specified funds; providing an effective date.