Florida Senate - 2013                                    SB 1628
       By Senator Montford
       3-01179-13                                            20131628__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 253.034, F.S.;
    4         requiring public hearings relating to the development
    5         of land management plans to be held in any one, rather
    6         than each, county affected by such plans; amending s.
    7         388.261, F.S.; revising provisions for the
    8         distribution and use of state funds for local mosquito
    9         control programs; amending s. 388.271, F.S.; revising
   10         the date by which mosquito control districts must
   11         submit their certified budgets for approval by the
   12         department; amending s. 487.160, F.S.; deleting
   13         provisions requiring the department to conduct a
   14         survey and compile a report on restricted-use
   15         pesticides; amending s. 534.083, F.S.; deleting
   16         permitting requirements for livestock haulers;
   17         amending s. 570.07, F.S.; clarifying the authority of
   18         the department to regulate certain open burning;
   19         creating s. 570.64, F.S.; establishing the duties of
   20         the Division of Food, Nutrition, and Wellness within
   21         the department; providing for a director of the
   22         division; amending s. 570.902, F.S.; clarifying the
   23         applicability of definitions relating to certain
   24         designated programs and direct-support organizations;
   25         amending s. 570.903, F.S.; authorizing the department
   26         to establish direct-support organizations for museums
   27         and other programs of the department; deleting
   28         provisions that limit the establishment of direct
   29         support organizations to particular museums and
   30         programs; deleting provisions authorizing direct
   31         support organizations to enter into certain contracts
   32         or agreements; clarifying provisions prohibiting
   33         specified entities from receiving commissions, fees,
   34         or financial benefits in connection with the sale or
   35         exchange of real property and historical objects;
   36         providing for the termination of agreements between
   37         the department and direct-support organizations;
   38         providing for the distribution of certain assets;
   39         deleting provisions requiring the department to
   40         establish certain procedures relating to museum
   41         artifacts and records; amending s. 576.051, F.S.;
   42         authorizing the department to establish certain
   43         criteria for fertilizer sampling and analysis;
   44         amending s. 576.061, F.S.; requiring the department to
   45         adopt rules establishing certain investigational
   46         allowances for fertilizer deficiencies; providing a
   47         date by which such allowances are effective and other
   48         allowances are repealed; amending s. 576.181, F.S.;
   49         revising the department’s authority to adopt rules
   50         establishing certain criteria for fertilizer analysis;
   51         amending s. 585.61, F.S.; deleting provisions for the
   52         establishment of an animal disease diagnostic
   53         laboratory in Suwannee County; amending s. 586.10,
   54         F.S.; authorizing apiary inspectors to be certified
   55         beekeepers under certain conditions; amending s.
   56         589.02, F.S.; deleting annual and special meeting
   57         requirements for the Florida Forestry Council;
   58         amending s. 589.19, F.S.; establishing the Operation
   59         Outdoor Freedom Program within the Florida Forest
   60         Service to replace provisions for the designation of
   61         specified hunt areas in state forests for wounded
   62         veterans and servicemembers; providing purpose and
   63         intent of the program; providing eligibility
   64         requirements for program participation; providing
   65         exceptions from eligibility requirements for certain
   66         activities; providing for deposit and use of funds
   67         donated to the program; limiting the liability of
   68         private landowners who provide land for designation as
   69         hunting sites for purposes of the program; amending s.
   70         589.30, F.S.; revising references to certain Florida
   71         Forest Service personnel titles; amending s. 590.02,
   72         F.S.; authorizing the Florida Forest Service to allow
   73         certain types of burning; specifying that sovereign
   74         immunity applies to certain planning level activities;
   75         deleting provisions relating to the composition and
   76         duties of the Florida Forest Training Center advisory
   77         council; prohibiting government entities from banning
   78         certain types of burning; authorizing the service to
   79         delegate authority to special districts to manage
   80         certain types of burning; revising such authority
   81         delegated to counties and municipalities; amending s.
   82         590.11, F.S.; revising the prohibition on leaving
   83         certain recreational fires unattended, to which
   84         penalties apply; amending s. 590.125, F.S.; revising
   85         and providing definitions relating to open burning
   86         authorized by the Florida Forest Service; revising
   87         requirements for noncertified and certified burning;
   88         limiting the liability of the service and certain
   89         persons related to certain burns; amending s. 590.25,
   90         F.S.; revising provisions relating to criminal
   91         penalties for obstructing the prevention, detection,
   92         or suppression of wildfires; creating chapter 595,
   93         F.S., to establish the Florida School Food and
   94         Nutrition Act; creating s. 595.401, F.S.; providing a
   95         short title; creating s. 595.402, F.S.; providing
   96         definitions; creating s. 595.403, F.S.; declaring
   97         state policy relating to school food and nutrition
   98         services; transferring, renumbering, and amending ss.
   99         570.98 and 570.981, F.S., relating to school food and
  100         nutrition services and the Florida Farm Fresh Schools
  101         Program; revising the department’s duties and
  102         responsibilities for administering such services and
  103         program; revising requirements for school districts
  104         and sponsors; transferring, renumbering, and amending
  105         s. 570.982, F.S., relating to the children′s summer
  106         nutrition program; clarifying provisions; creating s.
  107         595.408, F.S.; authorizing the department to conduct,
  108         supervise, and administer commodity distribution
  109         services relating to school food and nutrition
  110         services; creating s. 595.501, F.S.; providing certain
  111         penalties; transferring, renumbering, and amending s.
  112         570.983, relating to the Food and Nutrition Services
  113         Trust Fund; conforming a cross-reference; transferring
  114         and renumbering s. 570.984, F.S., relating to the
  115         Healthy Schools for Healthy Lives Council; amending s.
  116         1001.42, F.S.; requiring district school boards to
  117         perform duties relating to school lunch programs as
  118         required by the department’s rules; repealing ss.
  119         487.0615, 570.382, 570.97, and 590.50, F.S., relating
  120         to the Pesticide Review Council, Arabian horse racing
  121         and the Arabian Horse Council, the Gertrude Maxwell
  122         Save a Pet Direct-Support Organization, and permits
  123         for the sale of cypress products, respectively;
  124         amending ss. 487.041, 550.2625, and 550.2633, F.S.;
  125         conforming provisions; providing for the disbursement
  126         of specified funds; providing an effective date.
  128  Be It Enacted by the Legislature of the State of Florida:
  130         Section 1. Paragraph (f) of subsection (5) of section
  131  253.034, Florida Statutes, is amended to read:
  132         253.034 State-owned lands; uses.—
  133         (5) Each manager of conservation lands shall submit to the
  134  Division of State Lands a land management plan at least every 10
  135  years in a form and manner prescribed by rule by the board and
  136  in accordance with the provisions of s. 259.032. Each manager of
  137  conservation lands shall also update a land management plan
  138  whenever the manager proposes to add new facilities or make
  139  substantive land use or management changes that were not
  140  addressed in the approved plan, or within 1 year of the addition
  141  of significant new lands. Each manager of nonconservation lands
  142  shall submit to the Division of State Lands a land use plan at
  143  least every 10 years in a form and manner prescribed by rule by
  144  the board. The division shall review each plan for compliance
  145  with the requirements of this subsection and the requirements of
  146  the rules established by the board pursuant to this section. All
  147  land use plans, whether for single-use or multiple-use
  148  properties, shall include an analysis of the property to
  149  determine if any significant natural or cultural resources are
  150  located on the property. Such resources include archaeological
  151  and historic sites, state and federally listed plant and animal
  152  species, and imperiled natural communities and unique natural
  153  features. If such resources occur on the property, the manager
  154  shall consult with the Division of State Lands and other
  155  appropriate agencies to develop management strategies to protect
  156  such resources. Land use plans shall also provide for the
  157  control of invasive nonnative plants and conservation of soil
  158  and water resources, including a description of how the manager
  159  plans to control and prevent soil erosion and soil or water
  160  contamination. Land use plans submitted by a manager shall
  161  include reference to appropriate statutory authority for such
  162  use or uses and shall conform to the appropriate policies and
  163  guidelines of the state land management plan. Plans for managed
  164  areas larger than 1,000 acres shall contain an analysis of the
  165  multiple-use potential of the property, which analysis shall
  166  include the potential of the property to generate revenues to
  167  enhance the management of the property. Additionally, the plan
  168  shall contain an analysis of the potential use of private land
  169  managers to facilitate the restoration or management of these
  170  lands. In those cases where a newly acquired property has a
  171  valid conservation plan that was developed by a soil and
  172  conservation district, such plan shall be used to guide
  173  management of the property until a formal land use plan is
  174  completed.
  175         (f) In developing land management plans, at least one
  176  public hearing shall be held in any one each affected county.
  177         Section 2. Subsection (2) of section 388.261, Florida
  178  Statutes, is amended to read:
  179         388.261 State aid to counties and districts for arthropod
  180  control; distribution priorities and limitations.—
  181         (2) Every county or district budgeting local funds to be
  182  used exclusively for the control of mosquitoes and other
  183  arthropods, under a plan submitted by the county or district and
  184  approved by the department, is shall be eligible to receive
  185  state funds and supplies, services, and equipment on a dollar
  186  for-dollar matching basis to the amount of local funds budgeted.
  187  If Should state funds appropriated by the Legislature are be
  188  insufficient to grant each county or district state funds on a
  189  dollar-for-dollar matching basis to the amount budgeted in local
  190  funds, the department shall distribute the funds as prescribed
  191  by rule. Such rules shall provide for up to 80 percent of the
  192  funds to be distributed to programs with local funds for
  193  mosquito control budgets of less than $1 million, if the county
  194  or district meets the eligibility requirements. The funds shall
  195  be distributed as equally as possible within the category of
  196  counties pursuant to this section. The remaining funds shall be
  197  distributed as prescribed by rule among the remaining counties
  198  to support mosquito control and to support research, education,
  199  and outreach prorate said state funds based on the amount of
  200  matchable local funds budgeted for expenditure by each county or
  201  district.
  202         Section 3. Subsection (1) of section 388.271, Florida
  203  Statutes, is amended to read:
  204         388.271 Prerequisites to participation.—
  205         (1) When state funds are involved, it is the duty of the
  206  department to guide, review, approve, and coordinate the
  207  activities of all county governments and special districts
  208  receiving state funds in furtherance of the goal of integrated
  209  arthropod control. Each county or district eligible to
  210  participate hereunder may begin participation on October 1 of
  211  any year by filing with the department not later than July 15 a
  212  tentative work plan and tentative detailed work plan budget
  213  providing for the control of arthropods. Following approval of
  214  the plan and budget by the department, two copies of the
  215  county’s or district’s certified budget based on the approved
  216  work plan and detailed work plan budget shall be submitted to
  217  the department by not later than September 30 15 following.
  218  State funds, supplies, and services shall be made available to
  219  such county or district by and through the department
  220  immediately upon release of funds by the Executive Office of the
  221  Governor.
  222         Section 4. Section 487.160, Florida Statutes, is amended to
  223  read:
  224         487.160 Records; report.—Licensed private applicators
  225  supervising 15 or more unlicensed applicators or mixer-loaders
  226  and licensed public applicators and licensed commercial
  227  applicators shall maintain records as the department may
  228  determine by rule with respect to the application of restricted
  229  pesticides, including, but not limited to, the type and quantity
  230  of pesticide, method of application, crop treated, and dates and
  231  location of application. Other licensed private applicators
  232  shall maintain records as the department may determine by rule
  233  with respect to the date, type, and quantity of restricted-use
  234  pesticides used. Licensees shall keep records for a period of 2
  235  years from date of the application of the pesticide to which the
  236  records refer, and shall furnish to the department a copy of the
  237  records upon written request by the department. Every third
  238  year, the department shall conduct a survey and compile a report
  239  on restricted-use pesticides in this state. This report shall
  240  include, but not be limited to, types and quantities of
  241  pesticides, methods of application, crops treated, and dates and
  242  locations of application; records of persons working under
  243  direct supervision; and reports of misuse, damage, or injury.
  244         Section 5. Section 534.083, Florida Statutes, is amended to
  245  read:
  246         534.083 Livestock hauler’s permit; display of permit on
  247  vehicle; bill of lading.—
  248         (1) No person shall engage in the business of transporting
  249  or hauling for hire livestock on any street or highway, as
  250  defined in s. 316.003(53), without first having applied for and
  251  obtained from the department a permit which shall expire on
  252  December 31 of each year. The information supplied by the
  253  applicant on the application for permit shall be certified under
  254  oath. Cost of the permit shall be $5 for each year or fraction
  255  thereof.
  256         (2) The department shall issue a metal tag or plate to
  257  every person or company required to obtain a permit to transport
  258  or haul for hire livestock, which shall bear the serial number
  259  of the permit. Such a tag or plate shall be issued for each
  260  vehicle used by the hauler.
  261         (3) The metal tag or plate required under this section
  262  shall be attached to each vehicle used for transporting or
  263  hauling livestock in a conspicuous place in an upright position
  264  on the rear of the vehicle. When livestock is transported in a
  265  trailer type vehicle propelled or drawn by a motor truck or
  266  tractor, each such trailer shall have the tag or plate attached
  267  to the rear of the trailer in a conspicuous place in an upright
  268  position, and it shall not be necessary to have a tag attached
  269  to the motor truck or tractor.
  270         (4) Persons engaged in the business of transporting or
  271  hauling livestock in the state shall, upon receiving such
  272  livestock for transportation, issue a waybill or bill of lading
  273  for all livestock transported or hauled by them, and such
  274  waybill or bill of lading shall accompany the shipment of
  275  livestock, with a copy thereof being furnished to the person
  276  delivering livestock to the hauler. The waybill or bill of
  277  lading shall show the place of origin and destination of the
  278  shipment, the name of the owner of the livestock, date and time
  279  of loading, name of person or company hauling the livestock, and
  280  the number of animals and a general description thereof. The
  281  waybill or bill of lading shall be signed by the person
  282  delivering the livestock to the hauler certifying that the
  283  information contained thereon is correct.
  284         Section 6. Subsection (28) of section 570.07, Florida
  285  Statutes, is amended to read:
  286         570.07 Department of Agriculture and Consumer Services;
  287  functions, powers, and duties.—The department shall have and
  288  exercise the following functions, powers, and duties:
  289         (28) For purposes of pollution control and the prevention
  290  of wildfires, to regulate open burning connected with pile
  291  burning as defined in s. 590.125(1) land-clearing, agricultural,
  292  or forestry operations.
  293         Section 7. Section 570.64, Florida Statutes, is created to
  294  read:
  295         570.64 Division of Food, Nutrition, and Wellness.—
  296         (1) The duties of the Division of Food, Nutrition, and
  297  Wellness include, but are not limited to, administering and
  298  enforcing the powers and responsibilities of the division
  299  prescribed in chapter 595 and the rules adopted thereunder.
  300         (2) The director of the division shall be appointed by, and
  301  serve at the pleasure of, the commissioner. The director shall
  302  supervise, direct, and coordinate activities of the division,
  303  exercise such powers and duties as authorized by the
  304  commissioner, enforce the provisions of chapter 595 and the
  305  rules adopted thereunder, and any other powers and duties as
  306  authorized by the department.
  307         Section 8. Section 570.902, Florida Statutes, is amended to
  308  read:
  309         570.902 Definitions; ss. 570.902 and 570.903.—For the
  310  purpose of this section ss. 570.902 and s. 570.903:
  311         (1) “Designated program” means the specific departmental
  312  program which a direct-support organization has been created to
  313  support.
  314         (2) “Direct-support organization” or “organization” means
  315  an organization which is a Florida corporation not for profit
  316  incorporated under the provisions of chapter 617 and approved by
  317  the department to operate for the benefit of a museum or a
  318  specific departmental program.
  319         (3) “Museum” means the Florida Agricultural Museum which is
  320  designated as the museum for agriculture and rural history of
  321  the State of Florida.
  322         Section 9. Section 570.903, Florida Statutes, is amended to
  323  read:
  324         570.903 Direct-support organization.—
  325         (1) The department may authorize When the Legislature
  326  authorizes the establishment of a direct-support organizations
  327  organization to provide assistance, funding, and promotional
  328  support for the museums, the Florida Agriculture in the
  329  Classroom Program, the Florida State Collection of Arthropods,
  330  the Friends of the Florida State Forests Program of the Florida
  331  Forest Service, the Forestry Arson Alert Program, and other
  332  programs of the department., The following provisions shall
  333  govern the creation, use, powers, and duties of the direct
  334  support organizations organization:
  335         (a) The department shall enter into a memorandum or letter
  336  of agreement with the direct-support organization, which shall
  337  specify the approval of the department, the powers and duties of
  338  the direct-support organization, and rules with which the
  339  direct-support organization must comply.
  340         (b) The department may authorize permit, without charge,
  341  appropriate use of property, facilities, and personnel of the
  342  department by the a direct-support organization, subject to ss.
  343  570.902 and 570.903. The use shall be for directly in keeping
  344  with the approved purposes of the direct-support organization
  345  and may not be made at times or places that would unreasonably
  346  interfere with opportunities for the general public to use
  347  department facilities for established purposes.
  348         (c) The department shall prescribe by agreement contract or
  349  by rule conditions with which the a direct-support organization
  350  must comply in order to use property, facilities, or personnel
  351  of the department or museum. Such conditions rules shall provide
  352  for budget and audit review and oversight by the department.
  353         (d) The department may not authorize permit the use of
  354  property, facilities, or personnel of the museum, department, or
  355  designated program by the a direct-support organization that
  356  does not provide equal employment opportunities to all persons
  357  regardless of race, color, religion, sex, age, or national
  358  origin.
  359         (2)(a) The direct-support organization may shall be
  360  empowered to conduct programs and activities; raise funds;
  361  request and receive grants, gifts, and bequests of money;
  362  acquire, receive, hold, invest, and administer, in its own name,
  363  securities, funds, objects of value, or other property, real or
  364  personal; and make expenditures to or for the direct or indirect
  365  benefit of the museum or designated program.
  366         (b) Notwithstanding the provisions of s. 287.057, the
  367  direct-support organization may enter into contracts or
  368  agreements with or without competitive bidding for the
  369  restoration of objects, historical buildings, and other
  370  historical materials or for the purchase of objects, historical
  371  buildings, and other historical materials which are to be added
  372  to the collections of the museum, or benefit the designated
  373  program. However, before the direct-support organization may
  374  enter into a contract or agreement without competitive bidding,
  375  the direct-support organization shall file a certification of
  376  conditions and circumstances with the internal auditor of the
  377  department justifying each contract or agreement.
  378         (b)(c) Notwithstanding the provisions of s. 287.025(1)(e),
  379  the direct-support organization may enter into contracts to
  380  insure property of the museum or designated programs and may
  381  insure objects or collections on loan from others in satisfying
  382  security terms of the lender.
  383         (3) The direct-support organization shall provide for an
  384  annual financial audit in accordance with s. 215.981.
  385         (4) A department employee, direct-support organization or
  386  museum employee, volunteer, or director, or Neither a designated
  387  program or a museum, nor a nonprofit corporation trustee or
  388  employee may not:
  389         (a) Receive a commission, fee, or financial benefit in
  390  connection with the sale or exchange of real or personal
  391  property or historical objects or properties to the direct
  392  support organization, the museum, or the designated program; or
  393         (b) Be a business associate of any individual, firm, or
  394  organization involved in the sale or exchange of real or
  395  personal property to the direct-support organization, the
  396  museum, or the designated program.
  397         (5) All moneys received by the direct-support organization
  398  shall be deposited into an account of the direct-support
  399  organization and shall be used by the organization in a manner
  400  consistent with the goals of the museum or designated program.
  401         (6) The identity of a donor or prospective donor who
  402  desires to remain anonymous and all information identifying such
  403  donor or prospective donor are confidential and exempt from the
  404  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  405  Constitution.
  406         (7) The Commissioner of Agriculture, or the commissioner’s
  407  designee, may serve on the board of trustees and the executive
  408  committee of any direct-support organization established to
  409  benefit the museum or any designated program.
  410         (8) The department may terminate its agreement with a
  411  direct-support organization at any time if the department
  412  determines that the direct-support organization no longer meets
  413  the objectives of this section The department shall establish by
  414  rule archival procedures relating to museum artifacts and
  415  records. The rules shall provide procedures which protect the
  416  museum’s artifacts and records equivalent to those procedures
  417  which have been established by the Department of State under
  418  chapters 257 and 267.
  419         (9) Upon termination of the direct-support organization,
  420  the assets of the direct-support organization shall be
  421  distributed pursuant to its articles of incorporation or by-laws
  422  or, if not provided for, to the department.
  423         Section 10. Subsection (3) of section 576.051, Florida
  424  Statutes, is amended to read:
  425         576.051 Inspection, sampling, analysis.—
  426         (3) The official analysis shall be made from the official
  427  sample. The department, before making the official analysis,
  428  shall take a sufficient portion from the official sample for
  429  check analysis and place that portion in a bottle sealed and
  430  identified by number, date, and the preparer’s initials. The
  431  official check sample shall be kept until the analysis of the
  432  official sample is completed. However, the licensee may obtain
  433  upon request a portion of the official check sample. Upon
  434  completion of the analysis of the official sample, a true copy
  435  of the fertilizer analysis report shall be mailed to the
  436  licensee of the fertilizer from whom the official sample was
  437  taken and to the dealer or agent, if any, and purchaser, if
  438  known. This fertilizer analysis report shall show all
  439  determinations of plant nutrient and pesticides. If the official
  440  analysis conforms with the provisions of this law, the official
  441  check sample may be destroyed. If the official analysis does not
  442  conform with the provisions of this law, the official check
  443  sample shall be retained for a period of 90 days from the date
  444  of the fertilizer analysis report of the official sample. If
  445  within that time the licensee of the fertilizer from whom the
  446  official sample was taken, upon receipt of the fertilizer
  447  analysis report, makes written demand for analysis of the
  448  official check sample by a referee chemist, a portion of the
  449  official check sample sufficient for analysis shall be sent to a
  450  referee chemist who is mutually acceptable to the department and
  451  the licensee for analysis at the expense of the licensee. The
  452  referee chemist, upon completion of the analysis, shall forward
  453  to the department and to the licensee a fertilizer analysis
  454  report bearing a proper identification mark or number; and the
  455  fertilizer analysis report shall be verified by an affidavit of
  456  the person making the analysis. If the results reported on the
  457  fertilizer analysis report agree within the matching criteria
  458  defined in department rule checks within three-tenths of 1
  459  actual percent with the department’s analysis on each element
  460  for which analysis was made, the mean average of the two
  461  analyses shall be accepted as final and binding on all
  462  concerned. However, if the referee’s fertilizer analysis report
  463  results do not agree within the matching criteria defined in
  464  department rule with shows a variation of greater than three
  465  tenths of 1 actual percent from the department’s analysis in any
  466  one or more elements for which an analysis was made, upon demand
  467  of either the department or the licensee from whom the official
  468  sample was taken, a portion of the official check sample
  469  sufficient for analysis shall be submitted to a second referee
  470  chemist who is mutually acceptable to the department and to the
  471  licensee from whom the official sample was taken, at the expense
  472  of the party or parties requesting the referee analysis. If no
  473  demand is made for an analysis by a second referee chemist, the
  474  department’s fertilizer analysis report shall be accepted as
  475  final and binding on all concerned. The second referee chemist,
  476  upon completion of the analysis, shall make a fertilizer
  477  analysis report as provided in this subsection for the first
  478  referee chemist. The mean average of the two analyses nearest in
  479  conformity to each other shall be accepted as final and binding
  480  on all concerned.
  481         Section 11. Subsection (1) of section 576.061, Florida
  482  Statutes, is amended to read:
  483         576.061 Plant nutrient investigational allowances,
  484  deficiencies, and penalties.—
  485         (1) A commercial fertilizer is deemed deficient if the
  486  analysis of any nutrient is below the guarantee by an amount
  487  exceeding the investigational allowances. The department shall
  488  adopt rules, which shall take effect on July 1, 2014, that
  489  establish the investigational allowances used to determine
  490  whether a fertilizer is deficient in plant food.
  491         (a) Effective July 1, 2014, this paragraph and paragraphs
  492  (b)-(f) are repealed. Until July 1, 2014, investigational
  493  Investigational allowances are set as follows:
  494         (b)(a)Primary plant nutrients; investigational
  495  allowances.—
  496  GuaranteedPercent   TotalNitrogenPercentAvailablePhosphatePercentPotashPercent  
  498  04 or less          0.49            0.67              0.41           
  499  05                  0.51            0.67              0.43           
  500  06                  0.52            0.67              0.47           
  501  07                  0.54            0.68              0.53           
  502  08                  0.55            0.68              0.60           
  503  09                  0.57            0.68              0.65           
  504  10                  0.58            0.69              0.70           
  505  12                  0.61            0.69              0.79           
  506  14                  0.63            0.70              0.87           
  507  16                  0.67            0.70              0.94           
  508  18                  0.70            0.71              1.01           
  509  20                  0.73            0.72              1.08           
  510  22                  0.75            0.72              1.15           
  511  24                  0.78            0.73              1.21           
  512  26                  0.81            0.73              1.27           
  513  28                  0.83            0.74              1.33           
  514  30                  0.86            0.75              1.39           
  515  32 or more          0.88            0.76              1.44           
  516  For guarantees not listed, calculate the appropriate value by
  517  interpolation.
  518         (c)(b)Nitrogen investigational allowances.—
  519  Nitrogen Breakdown                Investigational AllowancesPercent 
  521  Nitrate nitrogen                                0.40                
  522  Ammoniacal nitrogen                             0.40                
  523  Water soluble nitrogenor urea nitrogen               0.40                
  524  Water insoluble nitrogen                        0.30                
  525  In no case may the investigational allowance exceed 50 percent
  526  of the amount guaranteed.
  527         (d)(c)Secondary and micro plant nutrients, total or
  528  soluble.—
  529  Element                        Investigational Allowances Percent   
  531  Calcium                      0.2 unit+5 percent of guarantee        
  532  Magnesium                    0.2 unit+5 percent of guarantee        
  533  Sulfur (free and combined)   0.2 unit+5 percent of guarantee        
  534  Boron                        0.003 unit+15 percent of guarantee     
  535  Cobalt                       0.0001 unit+30 percent of guarantee    
  536  Chlorine                     0.005 unit+10 percent of guarantee     
  537  Copper                       0.005 unit+10 percent of guarantee     
  538  Iron                         0.005 unit+10 percent of guarantee     
  539  Manganese                    0.005 unit+10 percent of guarantee     
  540  Molybdenum                   0.0001 unit+30 percent of guarantee    
  541  Sodium                       0.005 unit+10 percent of guarantee     
  542  Zinc                         0.005 unit+10 percent of guarantee     
  543  The maximum allowance for secondary and minor elements when
  544  calculated in accordance with this section is 1 unit (1
  545  percent). In no case, however, may the investigational allowance
  546  exceed 50 percent of the amount guaranteed.
  547         (e)(d)Liming materials and gypsum.—
  548  Range Percent                 Investigational AllowancesPercent      
  550  0-10                                        0.30                     
  551  Over 10-25                                  0.40                     
  552  Over 25                                     0.50                     
  553         (f)(e)Pesticides in fertilizer mixtures.—An
  554  investigational allowance of 25 percent of the guarantee shall
  555  be allowed on all pesticides when added to custom blend
  556  fertilizers.
  557         Section 12. Subsection (2) of section 576.181, Florida
  558  Statutes, is amended to read:
  559         576.181 Administration; rules; procedure.—
  560         (2) The department may adopt rules is authorized, by rule,
  561  to implement, make specific, and interpret the provisions of
  562  this chapter, and specifically to determine the composition and
  563  uses of fertilizer as defined in this chapter, including, but
  564  not limited to without limiting the foregoing general terms, the
  565  taking and handling of samples, the establishment of
  566  investigational allowances, deficiencies, matching criteria for
  567  referee analysis, and penalties where not specifically provided
  568  for in this chapter; to prohibit the sale or use in fertilizer
  569  of any material proven to be detrimental to agriculture, public
  570  health, or the environment, or of questionable value; to provide
  571  for the incorporation into fertilizer of such other substances
  572  as pesticides and proper labeling of such mixture; and to
  573  prescribe the information which shall appear on the label other
  574  than specifically set forth in this chapter.
  575         Section 13. Section 585.61, Florida Statutes, is amended to
  576  read:
  577         585.61 Animal disease diagnostic laboratory laboratories.—
  578         (1) There is hereby created and established an animal
  579  disease diagnostic laboratory in Osceola County and Suwannee
  580  County. The laboratory complex in Osceola County is designated
  581  as the “Bronson Animal Disease Diagnostic Laboratory.”
  582         (2) The construction and operation of all the laboratory
  583  laboratories established by this section shall be under the
  584  supervision and control of the department. It shall be the duty
  585  of the department to operate the laboratory these laboratories
  586  in an efficient manner so that any person who maintains animals
  587  in this state may obtain prompt reliable diagnosis of animal
  588  diseases, including any disease which may affect poultry eggs,
  589  in this state, and recommendations for the control and
  590  eradication of such diseases, to the end that diseases of
  591  animals may be reduced and controlled, and eradicated when
  592  possible.
  593         (3) Any person who maintains animals in the state may use
  594  the services of the laboratory laboratories under the terms of
  595  this section and the rules adopted for such use by the
  596  department. The department shall require any user of its
  597  services to pay a fee not to exceed $300 for any one of the
  598  services requested. All laboratory fees collected shall be
  599  deposited in the Animal Industry Diagnostic Laboratory Account
  600  within the General Inspection Trust Fund. The fees collected
  601  shall be used to improve the diagnostic laboratory services as
  602  provided for by the Legislature in the General Appropriations
  603  Act.
  604         Section 14. Paragraph (f) of subsection (3) of section
  605  586.10, Florida Statutes, is amended to read:
  606         586.10 Powers and duties of department; preemption of local
  607  government ordinances.—
  608         (3) The department may:
  609         (f) Inspect or cause to be inspected all apiaries in the
  610  state at such intervals as it may deem best and keep a complete,
  611  accurate, and current list of all inspected apiaries to include
  612  the:
  613         1. Name of the apiary.
  614         2. Name of the owner of the apiary.
  615         3. Mailing address of the apiary owner.
  616         4. Location of the apiary.
  617         5. Number of hives in the apiary.
  618         6. Pest problems associated with the apiary.
  619         7. Brands used by beekeepers where applicable.
  621  Notwithstanding s. 112.313, an apiary inspector may be a
  622  certified beekeeper as long as the inspector does not inspect
  623  his or her own apiary.
  624         Section 15. Section 589.02, Florida Statutes, is amended to
  625  read:
  626         589.02 Headquarters and meetings of council.—The official
  627  headquarters of the council shall be in Tallahassee, but it may
  628  hold meetings at such other places in the state as it may
  629  determine by resolutions or as may be selected by a majority of
  630  the members of the council in any call for a meeting. The annual
  631  meeting of the council shall be held on the first Monday in
  632  October of each year. Special meetings may be called at any time
  633  by the chair or upon the written request of a majority of the
  634  members. The council shall annually elect from its members a
  635  chair, a vice chair, and a secretary. The election shall be held
  636  at the annual meeting of the council. A majority of the members
  637  of the council shall constitute a quorum for such purposes.
  638         Section 16. Subsection (4) of section 589.19, Florida
  639  Statutes, is amended to read:
  640         589.19 Creation of certain state forests; naming of certain
  641  state forests; Operation Outdoor Freedom Program.—
  642         (4)(a) To honor the nation’s disabled veterans and injured
  643  active duty servicemembers, the Florida Forest Service shall
  644  coordinate efforts to develop an Operation Outdoor Freedom
  645  Program to provide hunting and other activities for eligible
  646  veterans and servicemembers in designated state forest areas and
  647  on designated public and private lands. The Legislature finds it
  648  to be in the public interest for the Florida Forest Service to
  649  develop partnerships with the Fish and Wildlife Conservation
  650  Commission and other public and private organizations in order
  651  to provide the needed resources and funding to make the program
  652  successful The Florida Forest Service shall designate one or
  653  more areas of state forests as an “Operation Outdoor Freedom
  654  Special Hunt Area” to honor wounded veterans and servicemembers.
  655  The purpose of such designated areas is to provide special
  656  outdoor recreational opportunities for eligible veterans and
  657  servicemembers.
  658         (b) Participation in the Operation Outdoor Freedom Program
  659  shall be limited to Florida residents, as defined in s.
  660  379.101(30)(b), The Florida Forest Service shall limit guest
  661  admittance to such designated areas to any person who:
  662         1. Are honorably discharged military veterans certified by
  663  the United States Department of Veterans Affairs or its
  664  predecessor or by any branch of the United States Armed Forces
  665  to be at least 30 percent permanently service-connected disabled
  666  Is an active duty member of any branch of the United States
  667  Armed Forces and has a combat-related injury as determined by
  668  his or her branch of the United States Armed Forces; or
  669         2. Have been awarded the Military Order of the Purple
  670  Heart; or Is a veteran who served during a period of wartime
  671  service as defined in s. 1.01(14) or peacetime service as
  672  defined in s. 296.02 and:
  673         a. Has a service-connected disability as determined by the
  674  United States Department of Veterans Affairs; or
  675         b. Was discharged or released from military service because
  676  of a disability acquired or aggravated while serving on active
  677  duty
  678         3. Are active duty servicemembers with a service-connected
  679  injury as determined by his or her branch of the United States
  680  Armed Forces.
  682  Proof of eligibility under this subsection, as prescribed by the
  683  Florida Forest Service, may be required.
  684         (c) Notwithstanding the eligibility requirements for
  685  program participation in paragraph (b), guided or unguided
  686  invitation-only activities may be conducted as part of the
  687  Operation Outdoor Freedom Program for injured or disabled
  688  veterans and injured or disabled active duty servicemembers of
  689  any branch of the United States Armed Forces in designated state
  690  forest areas and on designated public and private lands. The
  691  Florida Forest Service may grant admittance to such designated
  692  areas and lands to a person who is not an eligible veteran or
  693  servicemember for the sole purpose purposes of accompanying an
  694  eligible veteran or servicemember who requires the person’s
  695  assistance to use such designated areas and lands.
  696         (d) The Florida Forest Service may cooperate with state and
  697  federal agencies, local governments, private landowners, and
  698  other entities in connection with the Operation Outdoor Freedom
  699  Program. Donations to the Operation Outdoor Freedom Program
  700  Funding required for specialized accommodations shall be
  701  deposited into the account of provided through the Friends of
  702  Florida State Forests Program created under s. 589.012 and used
  703  for Operation Outdoor Freedom Program activities.
  704         (e)1. A private landowner who provides land for designation
  705  and use as an Operation Outdoor Freedom Program hunting site
  706  shall have limited liability pursuant to s. 375.251.
  707         2. A private landowner who consents to the designation and
  708  use of land as part of the Operation Outdoor Freedom Program
  709  without compensation shall be considered a volunteer, as defined
  710  in s. 110.501, and shall be covered by state liability
  711  protection pursuant to s. 768.28, including s. 768.28(9).
  712         3. This subsection does not:
  713         a. Relieve any person of liability that would otherwise
  714  exist for deliberate, willful, or malicious injury to persons or
  715  property.
  716         b. Create or increase the liability of any person.
  717         (f) The Legislature shall designate the second Saturday of
  718  each November as Operation Outdoor Freedom Day.
  719         (g)(e) The Florida Forest Service may adopt rules to
  720  administer this subsection.
  721         Section 17. Section 589.30, Florida Statutes, is amended to
  722  read:
  723         589.30 Duty of district or center manager forester.—It
  724  shall be the duty of the district or center manager forester to
  725  direct all work in accordance with the law and regulations of
  726  the Florida Forest Service; gather and disseminate information
  727  in the management of commercial timber, including establishment,
  728  protection and utilization; and assist in the development and
  729  use of forest lands for outdoor recreation, watershed
  730  protection, and wildlife habitat. The district or center manager
  731  forester or his or her representative shall provide
  732  encouragement and technical assistance to individuals and urban
  733  and county officials in the planning, establishment, and
  734  management of trees and plant associations to enhance the beauty
  735  of the urban and suburban environment and meet outdoor
  736  recreational needs.
  737         Section 18. Subsections (1), (2), (3), (7), and (10) of
  738  section 590.02, Florida Statutes, are amended to read:
  739         590.02 Florida Forest Service; powers, authority, and
  740  duties; liability; building structures; Florida Center for
  741  Wildfire and Forest Resources Management Training.—
  742         (1) The Florida Forest Service has the following powers,
  743  authority, and duties:
  744         (a) To enforce the provisions of this chapter;
  745         (b) To prevent, detect, and suppress, and extinguish
  746  wildfires wherever they may occur on public or private land in
  747  this state and to do all things necessary in the exercise of
  748  such powers, authority, and duties;
  749         (c) To provide firefighting crews, who shall be under the
  750  control and direction of the Florida Forest Service and its
  751  designated agents;
  752         (d) To appoint center managers, forest area supervisors,
  753  forestry program administrators, a forest protection bureau
  754  chief, a forest protection assistant bureau chief, a field
  755  operations bureau chief, deputy chiefs of field operations,
  756  district managers, forest operations administrators, senior
  757  forest rangers, investigators, forest rangers, firefighter
  758  rotorcraft pilots, and other employees who may, at the Florida
  759  Forest Service’s discretion, be certified as forestry
  760  firefighters pursuant to s. 633.35(4). Other provisions of law
  761  notwithstanding, center managers, district managers, forest
  762  protection assistant bureau chief, and deputy chiefs of field
  763  operations shall have Selected Exempt Service status in the
  764  state personnel designation;
  765         (e) To develop a training curriculum for forestry
  766  firefighters which must contain the basic volunteer structural
  767  fire training course approved by the Florida State Fire College
  768  of the Division of State Fire Marshal and a minimum of 250 hours
  769  of wildfire training;
  770         (f) To make rules to accomplish the purposes of this
  771  chapter;
  772         (g) To provide fire management services and emergency
  773  response assistance and to set and charge reasonable fees for
  774  performance of those services. Moneys collected from such fees
  775  shall be deposited into the Incidental Trust Fund of the Florida
  776  Forest Service; and
  777         (h) To require all state, regional, and local government
  778  agencies operating aircraft in the vicinity of an ongoing
  779  wildfire to operate in compliance with the applicable state
  780  Wildfire Aviation Plan; and
  781         (i) To authorize broadcast burning, prescribed burning,
  782  pile burning, and land clearing debris burning to carry out the
  783  duties of this chapter and the rules adopted thereunder.
  784         (2) The Florida Forest Service’s employees, and the
  785  firefighting crews under their control and direction, may enter
  786  upon any lands for the purpose of preventing, detecting, and
  787  suppressing wildfires and investigating smoke complaints or open
  788  burning not in compliance with authorization and to enforce the
  789  provisions of this chapter.
  790         (3) Employees of the Florida Forest Service and of federal,
  791  state, and local agencies, and all other persons and entities
  792  that are under contract or agreement with the Florida Forest
  793  Service to assist in firefighting operations as well as those
  794  entities, called upon by the Florida Forest Service to assist in
  795  firefighting may, in the performance of their duties, set
  796  counterfires, remove fences and other obstacles, dig trenches,
  797  cut firelines, use water from public and private sources, and
  798  carry on all other customary activities in the fighting of
  799  wildfires without incurring liability to any person or entity.
  800  The manner in which the Florida Forest Service monitors a
  801  smoldering wildfire, smoldering prescribed fire, or fights any
  802  wildfire are planning level activities for which sovereign
  803  immunity applies and is not waived.
  804         (7) The Florida Forest Service may organize, staff, equip,
  805  and operate the Florida Center for Wildfire and Forest Resources
  806  Management Training Center. The center shall serve as a site
  807  where fire and forest resource managers can obtain current
  808  knowledge, techniques, skills, and theory as they relate to
  809  their respective disciplines.
  810         (a) The center may establish cooperative efforts involving
  811  federal, state, and local entities; hire appropriate personnel;
  812  and engage others by contract or agreement with or without
  813  compensation to assist in carrying out the training and
  814  operations of the center.
  815         (b) The center shall provide wildfire suppression training
  816  opportunities for rural fire departments, volunteer fire
  817  departments, and other local fire response units.
  818         (c) The center will focus on curriculum related to, but not
  819  limited to, fuel reduction, an incident management system,
  820  prescribed burning certification, multiple-use land management,
  821  water quality, forest health, environmental education, and
  822  wildfire suppression training for structural firefighters.
  823         (d) The center may assess appropriate fees for food,
  824  lodging, travel, course materials, and supplies in order to meet
  825  its operational costs and may grant free meals, room, and
  826  scholarships to persons and other entities in exchange for
  827  instructional assistance.
  828         (e) An advisory committee consisting of the following
  829  individuals or their designees must review program curriculum,
  830  course content, and scheduling: the director of the Florida
  831  Forest Service; the assistant director of the Florida Forest
  832  Service; the director of the School of Forest Resources and
  833  Conservation of the University of Florida; the director of the
  834  Division of Recreation and Parks of the Department of
  835  Environmental Protection; the director of the Division of the
  836  State Fire Marshal; the director of the Florida Chapter of The
  837  Nature Conservancy; the executive vice president of the Florida
  838  Forestry Association; the president of the Florida Farm Bureau
  839  Federation; the executive director of the Fish and Wildlife
  840  Conservation Commission; the executive director of a water
  841  management district as appointed by the Commissioner of
  842  Agriculture; the supervisor of the National Forests in Florida;
  843  the president of the Florida Fire Chief’s Association; and the
  844  executive director of the Tall Timbers Research Station.
  845         (10)(a) Notwithstanding the provisions of s. 252.38, the
  846  Florida Forest Service has exclusive authority to require and
  847  issue authorizations for broadcast burning and agricultural and
  848  silvicultural pile burning. An agency, commission, department,
  849  county, municipality, or other political subdivision of the
  850  state may not adopt or enforce laws, regulations, rules, or
  851  policies pertaining to broadcast burning or agricultural and
  852  silvicultural pile burning unless an emergency order is declared
  853  in accordance with s. 252.38(3).
  854         (b) The Florida Forest Service may delegate to a county, or
  855  municipality, or special district its authority:,
  856         1. As delegated by the Department of Environmental
  857  Protection pursuant to ss. 403.061(28) and 403.081, to manage
  858  and enforce regulations pertaining to require and issue
  859  authorizations for the burning of yard trash and debris from
  860  land clearing operations in accordance with s. 590.125(6).
  861         2. To manage the open burning of land clearing debris in
  862  accordance with s. 590.125.
  863         Section 19. Subsection (1) of section 590.11, Florida
  864  Statutes, is amended to read:
  865         590.11 Recreational fires.—
  866         (1) It is unlawful for any individual or group of
  867  individuals to build a warming fire, bonfire, or campfire and
  868  leave it unattended while visible flame, smoke, or emissions
  869  exist unextinguished.
  870         Section 20. Subsections (1) and (2), paragraphs (b) and (c)
  871  of subsection (3), and paragraph (a) of subsection (4) of
  872  section 590.125, Florida Statutes, are amended to read:
  873         590.125 Open burning authorized by the Florida Forest
  874  Service.—
  875         (1) DEFINITIONS.—As used in this section, the term:
  876         (a) “Certified pile burner” means an individual who
  877  successfully completes the pile burning certification program of
  878  the Florida Forest Service and possesses a valid pile burner
  879  certification number.
  880         (b) “Certified pile burning” means a pile burn conducted in
  881  accordance with a written pile burning plan by a certified pile
  882  burner.
  883         (c)(b) “Certified prescribed burn manager” means an
  884  individual who successfully completes the certified prescribed
  885  burning program of the Florida Forest Service and possesses a
  886  valid certification number.
  887         (d) “Certified prescribed burning” means prescribed burning
  888  in accordance with a written prescription conducted by a
  889  certified prescribed burn manager.
  890         (e) “Contained” means that fire and smoldering exist
  891  entirely within established or natural firebreaks.
  892         (f)(c)“Completed” “Extinguished” means that for:
  893         1. Broadcast burning, no continued lateral movement of fire
  894  across the authorized area into entirely unburned fuels Wildland
  895  burning or certified prescribed burning, no spreading flames
  896  exist.
  897         2. Certified pile Vegetative land-clearing debris burning
  898  or pile burning, no visible flames exist.
  899         3. Certified pile Vegetative land-clearing debris burning
  900  or pile burning in an area designated as smoke sensitive by the
  901  Florida Forest Service, no visible flames, smoke, or emissions
  902  exist.
  903         (g) “Gross negligence” means conduct so reckless or wanting
  904  in care that it constitutes a conscious disregard or
  905  indifference to the life, safety, or rights of persons exposed
  906  to such conduct.
  907         (d) “Land-clearing operation” means the uprooting or
  908  clearing of vegetation in connection with the construction of
  909  buildings and rights-of-way, land development, and mineral
  910  operations. The term does not include the clearing of yard
  911  trash.
  912         (h)(e) “Pile burning” means the burning of silvicultural,
  913  agricultural, or land-clearing, or and tree-cutting debris
  914  originating onsite, which is stacked together in a round or
  915  linear fashion, including, but not limited to, a windrow. Pile
  916  burning authorized by the Florida Forest Service is a temporary
  917  procedure, which operates on the same site for 6 months or less.
  918         (i) “Pile burn plan” means a written plan establishing the
  919  method of conducting a certified pile burn.
  920         (j)(f) “Prescribed burning” means the controlled
  921  application of fire by broadcast burning in accordance with a
  922  written prescription for vegetative fuels under specified
  923  environmental conditions, while following appropriate
  924  precautionary measures that ensure that the fire is contained
  925  within confined to a predetermined area to accomplish the
  926  planned fire or land management objectives.
  927         (k)(g) “Prescription” means a written plan establishing the
  928  conditions and method for conducting criteria necessary for
  929  starting, controlling, and extinguishing a certified prescribed
  930  burn.
  931         (l) “Smoldering” means the continued consumption of fuels,
  932  which may emit flames and smoke, after a fire is contained.
  933         (m)(h) “Yard trash” means vegetative matter resulting from
  934  landscaping and yard maintenance operations and other such
  935  routine property cleanup activities. The term includes materials
  936  such as leaves, shrub trimmings, grass clippings, brush, and
  937  palm fronds.
  938         (2) NONCERTIFIED BURNING.—
  939         (a) Persons may be authorized to broadcast burn or pile
  940  burn wild land or vegetative land-clearing debris in accordance
  941  with this subsection if:
  942         1. There is specific consent of the landowner or his or her
  943  designee;
  944         2. Authorization has been obtained from the Florida Forest
  945  Service or its designated agent before starting the burn;
  946         3. There are adequate firebreaks at the burn site and
  947  sufficient personnel and firefighting equipment for the
  948  containment control of the fire;
  949         4. The fire remains within the boundary of the authorized
  950  area;
  951         5. The person named responsible in the burn authorization
  952  or a designee An authorized person is present at the burn site
  953  until the fire is completed extinguished;
  954         6. The Florida Forest Service does not cancel the
  955  authorization; and
  956         7. The Florida Forest Service determines that air quality
  957  and fire danger are favorable for safe burning.
  958         (b) A person who broadcast burns or pile burns wild land or
  959  vegetative land-clearing debris in a manner that violates any
  960  requirement of this subsection commits a misdemeanor of the
  961  second degree, punishable as provided in s. 775.082 or s.
  962  775.083.
  964  PURPOSE.—
  965         (b) Certified prescribed burning pertains only to broadcast
  966  burning for purposes of silviculture, wildland fire hazard
  967  reduction, wildlife management, ecological maintenance and
  968  restoration, and agriculture range and pasture management. It
  969  must be conducted in accordance with this subsection and:
  970         1. May be accomplished only when a certified prescribed
  971  burn manager is present on site with a copy of the prescription
  972  and directly supervises the certified prescribed burn until the
  973  burn is completed, after which the certified prescribed burn
  974  manager is not required to be present from ignition of the burn
  975  to its completion.
  976         2. Requires that a written prescription be prepared before
  977  receiving authorization to burn from the Florida Forest Service.
  978         a. A new prescription or authorization is not required for
  979  smoldering that occurs within the authorized burn area when no
  980  new ignitions are conducted by the certified prescribed burn
  981  manager.
  982         b. Monitoring the smoldering activity of a certified
  983  prescribed burn does not require a prescription or an additional
  984  authorization even if flames begin to spread within the
  985  authorized burn area due to ongoing smoldering.
  986         3. Requires that the specific consent of the landowner or
  987  his or her designee be obtained before requesting an
  988  authorization.
  989         4. Requires that an authorization to burn be obtained from
  990  the Florida Forest Service before igniting the burn.
  991         5. Requires that there be adequate firebreaks at the burn
  992  site and sufficient personnel and firefighting equipment to
  993  contain for the control of the fire within the authorized burn
  994  area.
  995         a. Fire spreading outside the authorized burn area on the
  996  day of the certified prescribed burn ignition does not
  997  constitute conclusive proof of inadequate firebreaks,
  998  insufficient personnel, or a lack of firefighting equipment.
  999         b. During the authorization period, if the certified
 1000  prescribed burn is contained within the authorized burn area, a
 1001  strong rebuttable presumption shall exist that adequate
 1002  firebreaks, sufficient personnel, and sufficient firefighting
 1003  equipment were present.
 1004         c. Continued smoldering of a certified prescribed burn
 1005  resulting in a subsequent wildfire does not by itself constitute
 1006  evidence of gross negligence under this section.
 1007         6. Is considered to be in the public interest and does not
 1008  constitute a public or private nuisance when conducted under
 1009  applicable state air pollution statutes and rules.
 1010         7. Is considered to be a property right of the property
 1011  owner if vegetative fuels are burned as required in this
 1012  subsection.
 1013         (c) Neither A property owner, nor his or her agent,
 1014  contractor, or legally authorized designee is not liable
 1015  pursuant to s. 590.13 for damage or injury caused by the fire,
 1016  including the reignition of a smoldering, previously contained
 1017  burn, or resulting smoke or considered to be in violation of
 1018  subsection (2) for burns conducted in accordance with this
 1019  subsection, unless gross negligence is proven. The Florida
 1020  Forest Service is not liable for burns for which it issues
 1021  authorizations.
 1022         (4) CERTIFIED PILE BURNING.—
 1023         (a) Certified pile burning pertains to the disposal of
 1024  piled, naturally occurring debris from an agricultural,
 1025  silvicultural, or temporary land-clearing, or tree cutting
 1026  debris originating on site operation. A land-clearing operation
 1027  is temporary if it operates for 6 months or less. Certified pile
 1028  burning must be conducted in accordance with the following:
 1029         1. A certified pile burner must ensure, before ignition,
 1030  that the piles are properly placed and that the content of the
 1031  piles is conducive to efficient burning.
 1032         2. A certified pile burner must ensure that the authorized
 1033  burn is completed piles are properly extinguished no later than
 1034  1 hour after sunset. If the burn is conducted in an area
 1035  designated by the Florida Forest Service as smoke sensitive, a
 1036  certified pile burner must ensure that the authorized burn is
 1037  completed piles are properly extinguished at least 1 hour before
 1038  sunset.
 1039         3. A written pile burning plan must be prepared before
 1040  receiving authorization from the Florida Forest Service to burn
 1041  and must be on site and available for inspection by a department
 1042  representative.
 1043         4. The specific consent of the landowner or his or her
 1044  agent must be obtained before requesting authorization to burn.
 1045         5. An authorization to burn must be obtained from the
 1046  Florida Forest Service or its designated agent before igniting
 1047  the burn.
 1048         6. There must be adequate firebreaks and sufficient
 1049  personnel and firefighting equipment at the burn site to contain
 1050  the burn to the piles authorized control the fire.
 1051         Section 21. Section 590.25, Florida Statutes, is amended to
 1052  read:
 1053         590.25 Penalty for preventing or obstructing the
 1054  prevention, detection, or suppression extinguishment of
 1055  wildfires.—Whoever interferes shall interfere with, obstructs
 1056  obstruct or commits commit any act aimed to obstruct the
 1057  prevention, detection, or suppression extinguishment of
 1058  wildfires by the employees of the Florida Forest Service or any
 1059  other person engaged in the prevention, detection, or
 1060  suppression extinguishment of a wildfire, or who damages or
 1061  destroys any equipment being used for such purpose, commits
 1062  shall be guilty of a felony of the third degree, punishable as
 1063  provided in s. 775.082, s. 775.083, or s. 775.084.
 1064         Section 22. Chapter 595, Florida Statutes, is created,
 1065  shall consist of sections 595.401-595.701, Florida Statutes, and
 1066  shall be entitled “School Food and Nutrition Services.”
 1067         Section 23. Section 595.401, Florida Statutes, is created
 1068  to read:
 1069         595.401 Short title.—This chapter may be cited as the
 1070  “Florida School Food and Nutrition Act.”
 1071         Section 24. Section 595.402, Florida Statutes, is created
 1072  to read:
 1073         595.402 Definitions.—As used in this chapter, the term:
 1074         (1) “Commissioner” means the Commissioner of Agriculture.
 1075         (2) “Department” means the Department of Agriculture and
 1076  Consumer Services.
 1077         (3) “Program” means any one or more of the school food and
 1078  nutrition service programs that the department has
 1079  responsibility over including, but not limited to, the National
 1080  School Lunch Program, the Special Milk Program, the School
 1081  Breakfast Program, the Summer Food Service Program, the Fresh
 1082  Fruit and Vegetable Program, and any other program that relates
 1083  to school nutrition.
 1084         (4) “School district” means any of the 67 county school
 1085  districts, including the respective district school board.
 1086         (5) “Sponsor” means any entity that is conducting a program
 1087  under a current agreement with the department.
 1088         Section 25. Section 595.403, Florida Statutes, is created
 1089  to read:
 1090         595.403 State policy.—The Legislature, in recognition of
 1091  the demonstrated relationship between good nutrition and the
 1092  capacity of students to develop and learn, declares that it is
 1093  the policy of the state to provide standards for school food and
 1094  nutrition services and to require each school district to
 1095  establish and maintain an appropriate school food and nutrition
 1096  service program consistent with the nutritional needs of
 1097  students. To implement that policy, the state shall provide
 1098  funds to meet the state National School Lunch Act matching
 1099  requirements. The funds provided shall be distributed in such a
 1100  manner as to comply with the requirements of the National School
 1101  Lunch Act.
 1102         Section 26. Section 570.98, Florida Statutes, is
 1103  transferred, renumbered as section 595.404, Florida Statutes,
 1104  and amended to read:
 1105         595.404 570.98 School food and nutrition service program;
 1106  powers and duties of the department programs.—
 1107         (1) The department has the following powers and duties:
 1108  shall
 1109         (1) To conduct, supervise, and administer the program all
 1110  school food and nutrition programs that will be carried out
 1111  using federal or state funds, or funds from any other source.
 1112         (2) To fully The department shall cooperate fully with the
 1113  United States Government and its agencies and instrumentalities
 1114  so that the department may receive the benefit of all federal
 1115  financial allotments and assistance possible to carry out the
 1116  purposes of this chapter.
 1117         (3) To implement and adopt by rule, as required, federal
 1118  regulations to maximize federal assistance for the program. The
 1119  department may
 1120         (4) To act as agent of, or contract with, the Federal
 1121  Government, another state agency, or any county or municipal
 1122  government, or sponsor for the administration of the program
 1123  school food and nutrition programs, including the distribution
 1124  of funds provided by the Federal Government to support the
 1125  program school food and nutrition programs.
 1126         (5) To make a reasonable effort to ensure that any school
 1127  designated as a “severe need school” receives the highest rate
 1128  of reimbursement to which it is entitled under 42 U.S.C. s. 1773
 1129  for each breakfast meal served.
 1130         (6) To develop and propose legislation necessary to
 1131  implement the program, encourage the development of innovative
 1132  school food and nutrition services, and expand participation in
 1133  the program.
 1134         (7) To annually allocate among the sponsors, as applicable,
 1135  funds provided from the school breakfast supplement in the
 1136  General Appropriations Act based on each district’s total number
 1137  of free and reduced-price breakfast meals served.
 1138         (8) To employ such persons as are necessary to perform its
 1139  duties under this chapter.
 1140         (9) To adopt rules covering the administration, operation,
 1141  and enforcement of the program as well as to implement the
 1142  provisions of this chapter.
 1143         (10) To adopt and implement an appeal process by rule, as
 1144  required by federal regulations, for applicants and participants
 1145  under the program, notwithstanding s. 120.569 and ss. 120.57
 1146  120.595.
 1147         (11) To assist, train, and review each sponsor in its
 1148  implementation of the program.
 1149         (12) To advance funds from the program’s annual
 1150  appropriation to sponsors, when requested, in order to implement
 1151  the provisions of this chapter and in accordance with federal
 1152  regulations.
 1153         Section 27. Subsections (1) through (5) of section 570.981,
 1154  Florida Statutes, are transferred, renumbered as section
 1155  595.405, Florida Statutes, and amended to read:
 1156         595.405 570.981Program requirements for school districts
 1157  and sponsors food service programs.—
 1158         (1) In recognition of the demonstrated relationship between
 1159  good nutrition and the capacity of students to develop and
 1160  learn, it is the policy of the state to provide standards for
 1161  school food service and to require district school boards to
 1162  establish and maintain an appropriate private school food
 1163  service program consistent with the nutritional needs of
 1164  students.
 1165         (2) The department shall adopt rules covering the
 1166  administration and operation of the school food service
 1167  programs.
 1168         (1)(3) Each school district school board shall consider the
 1169  recommendations of the district school superintendent and adopt
 1170  policies to provide for an appropriate food and nutrition
 1171  service program for students consistent with federal law and
 1172  department rules rule.
 1173         (4) The state shall provide the state National School Lunch
 1174  Act matching requirements. The funds provided shall be
 1175  distributed in such a manner as to comply with the requirements
 1176  of the National School Lunch Act.
 1177         (2)(5)(a) Each school district school board shall implement
 1178  school breakfast programs that make breakfast meals available to
 1179  all students in each elementary school. Universal school
 1180  breakfast programs shall be offered in schools in which 80
 1181  percent or more of the students are eligible for free or
 1182  reduced-price meals. Each school shall, to the maximum extent
 1183  practicable, make breakfast meals available to students at an
 1184  alternative site location, which may include, but need not be
 1185  limited to, alternative breakfast options as described in
 1186  publications of the Food and Nutrition Service of the United
 1187  States Department of Agriculture for the federal School
 1188  Breakfast Program.
 1189         (3)(b) Each school district must annually set prices for
 1190  breakfast meals at rates that, combined with federal
 1191  reimbursements and state allocations, are sufficient to defray
 1192  costs of school breakfast programs without requiring allocations
 1193  from the district’s operating funds, except if the district
 1194  school board approves lower rates.
 1195         (4)(c) Each school district school board is encouraged to
 1196  provide universal-free school breakfast meals to all students in
 1197  each elementary, middle, and high school. Each school district
 1198  school board shall approve or disapprove a policy, after
 1199  receiving public testimony concerning the proposed policy at two
 1200  or more regular meetings, which makes universal-free school
 1201  breakfast meals available to all students in each elementary,
 1202  middle, and high school in which 80 percent or more of the
 1203  students are eligible for free or reduced-price meals.
 1204         (5)(d) Each elementary, middle, and high school shall make
 1205  a breakfast meal available if a student arrives at school on the
 1206  school bus less than 15 minutes before the first bell rings and
 1207  shall allow the student at least 15 minutes to eat the
 1208  breakfast.
 1209         (6)(e) Each school district shall annually provide to all
 1210  students in each elementary, middle, and high school information
 1211  prepared by the district’s food service administration regarding
 1212  its school breakfast programs. The information shall be
 1213  communicated through school announcements and written notices
 1214  notice sent to all parents.
 1215         (7)(f) A school district school board may operate a
 1216  breakfast program providing for food preparation at the school
 1217  site or in central locations with distribution to designated
 1218  satellite schools or any combination thereof.
 1219         (8) Each sponsor shall complete all corrective action plans
 1220  required by the department or a federal agency to be in
 1221  compliance with the program.
 1222         (g) The commissioner shall make every reasonable effort to
 1223  ensure that any school designated as a “severe need school”
 1224  receives the highest rate of reimbursement to which it is
 1225  entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
 1226         (h) The department shall annually allocate among the school
 1227  districts funds provided from the school breakfast supplement in
 1228  the General Appropriations Act based on each district’s total
 1229  number of free and reduced-price breakfast meals served.
 1230         Section 28. Subsection (6) of section 570.981, Florida
 1231  Statutes, is transferred, renumbered as section 595.406, Florida
 1232  Statutes, and amended to read:
 1233         595.406 570.981Florida Farm Fresh Schools Program School
 1234  food service programs.—
 1235         (6) The Legislature, recognizing that school children need
 1236  nutritious food not only for healthy physical and intellectual
 1237  development but also to combat diseases related to poor
 1238  nutrition and obesity, establishes the Florida Farm Fresh
 1239  Schools Program within the department. The program shall comply
 1240  with the regulations of the National School Lunch Program and
 1241  require:
 1242         (1)(a)In order to implement the Florida Farm Fresh Schools
 1243  Program, the department shall to develop policies pertaining to
 1244  school food services which encourage:
 1245         (a)1.Sponsors School districts to buy fresh and high
 1246  quality foods grown in this state when feasible.
 1247         (b)2. Farmers in this state to sell their products to
 1248  sponsors, school districts, and schools.
 1249         (c)3.Sponsors School districts and schools to demonstrate
 1250  a preference for competitively priced organic food products.
 1251         (d)(b)Sponsors School districts and schools to make
 1252  reasonable efforts to select foods based on a preference for
 1253  those that have maximum nutritional content.
 1254         (2)(c) The department shall to provide outreach, guidance,
 1255  and training to sponsors school districts, schools, school food
 1256  service directors, parent and teacher organizations, and
 1257  students about the benefit benefits of fresh food products from
 1258  farms in this state.
 1259         Section 29. Section 570.982, Florida Statutes, is
 1260  transferred, renumbered as section 595.407, Florida Statutes,
 1261  and amended to read:
 1262         595.407 570.982 Children′s summer nutrition program.—
 1263         (1) This section may be cited as the “Ms. Willie Ann Glenn
 1264  Act.”
 1265         (2) Each school district school board shall develop a plan
 1266  to sponsor a summer nutrition program to operate sites in the
 1267  school district as follows:
 1268         (a) Within 5 miles of at least one elementary school at
 1269  which 50 percent or more of the students are eligible for free
 1270  or reduced-price school meals and for the duration of 35
 1271  consecutive days.; and
 1272         (b) Except as operated pursuant to paragraph (a), Within 10
 1273  miles of each elementary school at which 50 percent or more of
 1274  the students are eligible for free or reduced-price school
 1275  meals, except as operated pursuant to paragraph (a).
 1276         (3)(a) A school district school board may be exempt from
 1277  sponsoring a summer nutrition program pursuant to this section.
 1278  A school district school board seeking such exemption must
 1279  include the issue on an agenda at a regular or special school
 1280  district school board meeting that is publicly noticed, provide
 1281  residents an opportunity to participate in the discussion, and
 1282  vote on whether to be exempt from this section. The school
 1283  district school board shall notify the department commissioner
 1284  within 10 days after it decides to become exempt from this
 1285  section.
 1286         (b) Each year, the school district school board shall
 1287  reconsider its decision to be exempt from the provisions of this
 1288  section and shall vote on whether to continue the exemption from
 1289  sponsoring a summer nutrition program. The school district
 1290  school board shall notify the department commissioner within 10
 1291  days after each subsequent year’s decision to continue the
 1292  exemption.
 1293         (c) If a school district school board elects to be exempt
 1294  from sponsoring a summer nutrition program under this section,
 1295  the school district school board may encourage not-for-profit
 1296  entities to sponsor the program. If a not-for-profit entity
 1297  chooses to sponsor the summer nutrition program but fails to
 1298  perform with regard to the program, the district school board,
 1299  the school district, and the department are not required to
 1300  continue the program and shall be held harmless from any
 1301  liability arising from the discontinuation of the summer
 1302  nutrition program.
 1303         (4) The superintendent of schools may collaborate with
 1304  municipal and county governmental agencies and private, not-for
 1305  profit leaders in implementing the plan. Although schools have
 1306  proven to be the optimal site for a summer nutrition program,
 1307  any not-for-profit entity may serve as a site or sponsor. By
 1308  April 15 of each year, each school district with a summer
 1309  nutrition program shall report to the department the district’s
 1310  summer nutrition program sites in compliance with this section.
 1311         (5) The department shall provide to each school district
 1312  school board by February 15 of each year a list of local
 1313  organizations that have filed letters of intent to participate
 1314  in the summer nutrition program in order that a school district
 1315  may school board is able to determine how many sites are needed
 1316  to serve the children and where to place each site.
 1317         Section 30. Section 595.408, Florida Statutes, is created
 1318  to read:
 1319         595.408 Commodity distribution services; department
 1320  responsibilities and functions.—
 1321         (1)(a) The department shall conduct, supervise, and
 1322  administer all commodity distribution services that will be
 1323  carried on using federal or state funds, or funds from any other
 1324  source, or commodities received and distributed from the United
 1325  States or any of its agencies.
 1326         (b) The department shall determine the benefits each
 1327  applicant or recipient of assistance is entitled to receive
 1328  under this chapter, provided that each applicant or recipient is
 1329  a resident of this state and a citizen of the United States or
 1330  is an alien lawfully admitted for permanent residence or
 1331  otherwise permanently residing in the United State under color
 1332  of law.
 1333         (2) The department shall cooperate fully with the United
 1334  States Government and its agencies and instrumentalities so that
 1335  the department may receive the benefit of all federal financial
 1336  allotments and assistance possible to carry out the purposes of
 1337  this chapter.
 1338         (3) The department may:
 1339         (a) Accept any duties with respect to commodity
 1340  distribution services as are delegated to it by an agency of the
 1341  federal government or any state, county, or municipal
 1342  government.
 1343         (b) Act as agent of, or contract with, the federal
 1344  government, state government, or any county or municipal
 1345  government in the administration of commodity distribution
 1346  services to secure the benefits of any public assistance that is
 1347  available from the federal government or any of its agencies,
 1348  and in the distribution of funds received from the federal
 1349  government, state government, or any county or municipal
 1350  government for commodity distribution services within the state.
 1351         (c) Accept from any person or organization all offers of
 1352  personal services, commodities, or other aid or assistance.
 1353         (4) This chapter does not limit, abrogate, or abridge the
 1354  power and duties of any other state agency.
 1355         Section 31. Section 595.501, Florida Statutes, is created
 1356  to read:
 1357         595.501 Penalties.—Any person, sponsor, or school district
 1358  that violates any provision of this chapter or any rule adopted
 1359  thereunder or otherwise does not comply with the program is
 1360  subject to a suspension or revocation of their agreement, loss
 1361  of reimbursement, or a financial penalty in accordance with
 1362  federal or state law or both. This section does not restrict the
 1363  applicability of any other law.
 1364         Section 32. Section 570.983, Florida Statutes, is
 1365  transferred, renumbered as section 595.601, Florida Statutes,
 1366  and amended to read:
 1367         595.601 570.983 Food and Nutrition Services Trust Fund.
 1368  Chapter 99-37, Laws of Florida, recreated the Food and Nutrition
 1369  Services Trust Fund to record revenue and disbursements of
 1370  Federal Food and Nutrition funds received by the department as
 1371  authorized in s. 595.405 570.981.
 1372         Section 33. Section 570.984, Florida Statutes, is
 1373  transferred and renumbered as section 595.701, Florida Statutes,
 1374  to read:
 1375         595.701 570.984 Healthy Schools for Healthy Lives Council.—
 1376         (1) There is created within the Department of Agriculture
 1377  and Consumer Services the Healthy Schools for Healthy Lives
 1378  Council, which shall consist of 11 members appointed by the
 1379  Commissioner of Agriculture. The council shall advise the
 1380  department on matters relating to nutritional standards and the
 1381  prevention of childhood obesity, nutrition education,
 1382  anaphylaxis, and other needs to further the development of the
 1383  various school nutrition programs.
 1384         (2) The meetings, powers, duties, procedures, and
 1385  recordkeeping of the Healthy Schools for Healthy Lives Council
 1386  shall be governed by s. 570.0705, relating to advisory
 1387  committees established within the department.
 1388         Section 34. Subsection (16) of section 1001.42, Florida
 1389  Statutes, is amended to read:
 1390         1001.42 Powers and duties of district school board.—The
 1391  district school board, acting as a board, shall exercise all
 1392  powers and perform all duties listed below:
 1393         (16) SCHOOL LUNCH PROGRAM.—Assume such responsibilities and
 1394  exercise such powers and perform such duties as may be assigned
 1395  to it by law or as may be required by rules of the Department of
 1396  Agriculture and Consumer Services State Board of Education or,
 1397  as in the opinion of the district school board, are necessary to
 1398  ensure school lunch services, consistent with needs of students;
 1399  effective and efficient operation of the program; and the proper
 1400  articulation of the school lunch program with other phases of
 1401  education in the district.
 1402         Section 35. Sections 487.0615, 570.382, 570.97, and 590.50,
 1403  Florida Statutes, are repealed.
 1404         Section 36. Subsection (5) of section 487.041, Florida
 1405  Statutes, is amended to read:
 1406         487.041 Registration.—
 1407         (5) The department shall provide summary information to the
 1408  Pesticide Review Council regarding applications for registration
 1409  of those pesticides for which data received in the registration
 1410  process indicate that the pesticide, when used according to
 1411  label instructions and precautions, may have a significant
 1412  potential for adverse effects on human health or the
 1413  environment. The council shall be kept apprised of the status of
 1414  these applications while under review and of the final action by
 1415  the Commissioner of Agriculture regarding the registration of
 1416  these pesticides.
 1417         Section 37. Paragraph (b) of subsection (8) of section
 1418  550.2625, Florida Statutes, is amended to read:
 1419         550.2625 Horseracing; minimum purse requirement, Florida
 1420  breeders’ and owners’ awards.—
 1421         (8)
 1422         (b) The division shall deposit these collections to the
 1423  credit of the General Inspection Trust Fund in a special account
 1424  to be known as the “Florida Arabian Horse Racing Promotion
 1425  Account.” The Department of Agriculture and Consumer Services
 1426  shall administer the funds and adopt suitable and reasonable
 1427  rules for the administration thereof. The moneys in the Florida
 1428  Arabian Horse Racing Promotion Account shall be allocated solely
 1429  for supplementing and augmenting purses and prizes and for the
 1430  general promotion of owning and breeding of racing Arabian
 1431  horses in this state; and the moneys may not be used to defray
 1432  any expense of the Department of Agriculture and Consumer
 1433  Services in the administration of this chapter, except that the
 1434  moneys generated by Arabian horse registration fees received
 1435  pursuant to s. 570.382 may be used as provided in paragraph
 1436  (5)(b) of that section.
 1437         Section 38. Paragraphs (b) and (c) of subsection (2) of
 1438  section 550.2633, Florida Statutes, are amended to read:
 1439         550.2633 Horseracing; distribution of abandoned interest in
 1440  or contributions to pari-mutuel pools.—
 1441         (2) All moneys or other property which has escheated to and
 1442  become the property of the state as provided herein and which is
 1443  held by a permitholder authorized to conduct pari-mutuel pools
 1444  in this state shall be paid annually by the permitholder to the
 1445  recipient designated in this subsection within 60 days after the
 1446  close of the race meeting of the permitholder. Section 550.1645
 1447  notwithstanding, the moneys shall be paid by the permitholder as
 1448  follows:
 1449         (b) Except as provided in paragraph (c), Funds from quarter
 1450  horse races shall be paid to the Florida Quarter Horse Breeders
 1451  and Owners Association and shall be allocated solely for
 1452  supplementing and augmenting purses and prizes and for the
 1453  general promotion of owning and breeding of racing quarter
 1454  horses in this state, as provided for in s. 550.2625.
 1455         (c) Funds for Arabian horse races conducted under a quarter
 1456  horse racing permit shall be deposited into the General
 1457  Inspection Trust Fund in a special account to be known as the
 1458  “Florida Arabian Horse Racing Promotion Account” and shall be
 1459  used for the payment of breeders’ awards and stallion awards as
 1460  provided for in s. 570.382.
 1461         Section 39. In order to effectuate the repeal of s. 570.97,
 1462  Florida Statutes, and to honor the wishes of the donor, for the
 1463  2013-2014 fiscal year, the sum of $59,239 in nonrecurring funds
 1464  is appropriated to the Department of Agriculture and Consumer
 1465  Services in the expenses appropriation category for deposit in
 1466  the General Inspection Trust Fund to be used by the Division of
 1467  Animal Industry for disbursement to Florida Animal Friend, Inc.
 1468         Section 40. This act shall take effect upon becoming a law.