Florida Senate - 2013 CS for SB 1628
By the Committee on Agriculture; and Senator Montford
575-02590-13 20131628c1
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; transferring
107 and renumbering s. 570.072, F.S., relating to
108 commodity distribution; creating s. 595.501, F.S.;
109 providing certain penalties; transferring,
110 renumbering, and amending s. 570.983, relating to the
111 Food and Nutrition Services Trust Fund; conforming a
112 cross-reference; transferring and renumbering s.
113 570.984, F.S., relating to the Healthy Schools for
114 Healthy Lives Council; amending s. 1001.42, F.S.;
115 requiring district school boards to perform duties
116 relating to school lunch programs as required by the
117 department’s rules; amending s. 1003.453, F.S.;
118 requiring each school district to electronically
119 submit a revised local school wellness policy to the
120 Department of Agriculture and Consumer Services and a
121 revised physical education policy to the Department of
122 Education; repealing ss. 487.0615, 570.382, 570.97,
123 and 590.50, F.S., relating to the Pesticide Review
124 Council, Arabian horse racing and the Arabian Horse
125 Council, the Gertrude Maxwell Save a Pet Direct
126 Support Organization, and permits for the sale of
127 cypress products, respectively; amending ss. 487.041,
128 550.2625, and 550.2633, F.S.; conforming provisions;
129 providing for the disbursement of specified funds;
130 providing an effective date.
131
132 Be It Enacted by the Legislature of the State of Florida:
133
134 Section 1. Paragraph (f) of subsection (5) of section
135 253.034, Florida Statutes, is amended to read:
136 253.034 State-owned lands; uses.—
137 (5) Each manager of conservation lands shall submit to the
138 Division of State Lands a land management plan at least every 10
139 years in a form and manner prescribed by rule by the board and
140 in accordance with the provisions of s. 259.032. Each manager of
141 conservation lands shall also update a land management plan
142 whenever the manager proposes to add new facilities or make
143 substantive land use or management changes that were not
144 addressed in the approved plan, or within 1 year of the addition
145 of significant new lands. Each manager of nonconservation lands
146 shall submit to the Division of State Lands a land use plan at
147 least every 10 years in a form and manner prescribed by rule by
148 the board. The division shall review each plan for compliance
149 with the requirements of this subsection and the requirements of
150 the rules established by the board pursuant to this section. All
151 land use plans, whether for single-use or multiple-use
152 properties, shall include an analysis of the property to
153 determine if any significant natural or cultural resources are
154 located on the property. Such resources include archaeological
155 and historic sites, state and federally listed plant and animal
156 species, and imperiled natural communities and unique natural
157 features. If such resources occur on the property, the manager
158 shall consult with the Division of State Lands and other
159 appropriate agencies to develop management strategies to protect
160 such resources. Land use plans shall also provide for the
161 control of invasive nonnative plants and conservation of soil
162 and water resources, including a description of how the manager
163 plans to control and prevent soil erosion and soil or water
164 contamination. Land use plans submitted by a manager shall
165 include reference to appropriate statutory authority for such
166 use or uses and shall conform to the appropriate policies and
167 guidelines of the state land management plan. Plans for managed
168 areas larger than 1,000 acres shall contain an analysis of the
169 multiple-use potential of the property, which analysis shall
170 include the potential of the property to generate revenues to
171 enhance the management of the property. Additionally, the plan
172 shall contain an analysis of the potential use of private land
173 managers to facilitate the restoration or management of these
174 lands. In those cases where a newly acquired property has a
175 valid conservation plan that was developed by a soil and
176 conservation district, such plan shall be used to guide
177 management of the property until a formal land use plan is
178 completed.
179 (f) In developing land management plans, at least one
180 public hearing shall be held in any one each affected county.
181 Section 2. Subsection (2) of section 388.261, Florida
182 Statutes, is amended to read:
183 388.261 State aid to counties and districts for arthropod
184 control; distribution priorities and limitations.—
185 (2) Every county or district budgeting local funds to be
186 used exclusively for the control of mosquitoes and other
187 arthropods, under a plan submitted by the county or district and
188 approved by the department, is shall be eligible to receive
189 state funds and supplies, services, and equipment on a dollar
190 for-dollar matching basis to the amount of local funds budgeted.
191 If Should state funds appropriated by the Legislature are be
192 insufficient to grant each county or district state funds on a
193 dollar-for-dollar matching basis to the amount budgeted in local
194 funds, the department shall distribute the funds as prescribed
195 by rule. Such rules shall provide for up to 80 percent of the
196 funds to be distributed to programs with local funds for
197 mosquito control budgets of less than $1 million, if the county
198 or district meets the eligibility requirements. The funds shall
199 be distributed as equally as possible within the category of
200 counties pursuant to this section. The remaining funds shall be
201 distributed as prescribed by rule among the remaining counties
202 to support mosquito control and to support research, education,
203 and outreach prorate said state funds based on the amount of
204 matchable local funds budgeted for expenditure by each county or
205 district.
206 Section 3. Subsection (1) of section 388.271, Florida
207 Statutes, is amended to read:
208 388.271 Prerequisites to participation.—
209 (1) When state funds are involved, it is the duty of the
210 department to guide, review, approve, and coordinate the
211 activities of all county governments and special districts
212 receiving state funds in furtherance of the goal of integrated
213 arthropod control. Each county or district eligible to
214 participate hereunder may begin participation on October 1 of
215 any year by filing with the department not later than July 15 a
216 tentative work plan and tentative detailed work plan budget
217 providing for the control of arthropods. Following approval of
218 the plan and budget by the department, two copies of the
219 county’s or district’s certified budget based on the approved
220 work plan and detailed work plan budget shall be submitted to
221 the department by not later than September 30 15 following.
222 State funds, supplies, and services shall be made available to
223 such county or district by and through the department
224 immediately upon release of funds by the Executive Office of the
225 Governor.
226 Section 4. Section 487.160, Florida Statutes, is amended to
227 read:
228 487.160 Records; report.—Licensed private applicators
229 supervising 15 or more unlicensed applicators or mixer-loaders
230 and licensed public applicators and licensed commercial
231 applicators shall maintain records as the department may
232 determine by rule with respect to the application of restricted
233 pesticides, including, but not limited to, the type and quantity
234 of pesticide, method of application, crop treated, and dates and
235 location of application. Other licensed private applicators
236 shall maintain records as the department may determine by rule
237 with respect to the date, type, and quantity of restricted-use
238 pesticides used. Licensees shall keep records for a period of 2
239 years from date of the application of the pesticide to which the
240 records refer, and shall furnish to the department a copy of the
241 records upon written request by the department. Every third
242 year, the department shall conduct a survey and compile a report
243 on restricted-use pesticides in this state. This report shall
244 include, but not be limited to, types and quantities of
245 pesticides, methods of application, crops treated, and dates and
246 locations of application; records of persons working under
247 direct supervision; and reports of misuse, damage, or injury.
248 Section 5. Section 534.083, Florida Statutes, is amended to
249 read:
250 534.083 Livestock hauler’s permit; display of permit on
251 vehicle; bill of lading.—
252 (1) No person shall engage in the business of transporting
253 or hauling for hire livestock on any street or highway, as
254 defined in s. 316.003(53), without first having applied for and
255 obtained from the department a permit which shall expire on
256 December 31 of each year. The information supplied by the
257 applicant on the application for permit shall be certified under
258 oath. Cost of the permit shall be $5 for each year or fraction
259 thereof.
260 (2) The department shall issue a metal tag or plate to
261 every person or company required to obtain a permit to transport
262 or haul for hire livestock, which shall bear the serial number
263 of the permit. Such a tag or plate shall be issued for each
264 vehicle used by the hauler.
265 (3) The metal tag or plate required under this section
266 shall be attached to each vehicle used for transporting or
267 hauling livestock in a conspicuous place in an upright position
268 on the rear of the vehicle. When livestock is transported in a
269 trailer type vehicle propelled or drawn by a motor truck or
270 tractor, each such trailer shall have the tag or plate attached
271 to the rear of the trailer in a conspicuous place in an upright
272 position, and it shall not be necessary to have a tag attached
273 to the motor truck or tractor.
274 (4) Persons engaged in the business of transporting or
275 hauling livestock in the state shall, upon receiving such
276 livestock for transportation, issue a waybill or bill of lading
277 for all livestock transported or hauled by them, and such
278 waybill or bill of lading shall accompany the shipment of
279 livestock, with a copy thereof being furnished to the person
280 delivering livestock to the hauler. The waybill or bill of
281 lading shall show the place of origin and destination of the
282 shipment, the name of the owner of the livestock, date and time
283 of loading, name of person or company hauling the livestock, and
284 the number of animals and a general description thereof. The
285 waybill or bill of lading shall be signed by the person
286 delivering the livestock to the hauler certifying that the
287 information contained thereon is correct.
288 Section 6. Subsection (28) of section 570.07, Florida
289 Statutes, is amended to read:
290 570.07 Department of Agriculture and Consumer Services;
291 functions, powers, and duties.—The department shall have and
292 exercise the following functions, powers, and duties:
293 (28) For purposes of pollution control and the prevention
294 of wildfires, to regulate open burning connected with pile
295 burning as defined in s. 590.125(1) land-clearing, agricultural,
296 or forestry operations.
297 Section 7. Section 570.64, Florida Statutes, is created to
298 read:
299 570.64 Division of Food, Nutrition, and Wellness.—
300 (1) The duties of the Division of Food, Nutrition, and
301 Wellness include, but are not limited to, administering and
302 enforcing the powers and responsibilities of the division
303 prescribed in chapter 595 and the rules adopted thereunder.
304 (2) The director of the division shall be appointed by, and
305 serve at the pleasure of, the commissioner. The director shall
306 supervise, direct, and coordinate activities of the division,
307 exercise such powers and duties as authorized by the
308 commissioner, enforce the provisions of chapter 595 and the
309 rules adopted thereunder, and any other powers and duties as
310 authorized by the department.
311 Section 8. Section 570.902, Florida Statutes, is amended to
312 read:
313 570.902 Definitions; ss. 570.902 and 570.903.—For the
314 purpose of this section ss. 570.902 and s. 570.903:
315 (1) “Designated program” means the specific departmental
316 program which a direct-support organization has been created to
317 support.
318 (2) “Direct-support organization” or “organization” means
319 an organization which is a Florida corporation not for profit
320 incorporated under the provisions of chapter 617 and approved by
321 the department to operate for the benefit of a museum or a
322 specific departmental program.
323 (3) “Museum” means the Florida Agricultural Museum which is
324 designated as the museum for agriculture and rural history of
325 the State of Florida.
326 Section 9. Section 570.903, Florida Statutes, is amended to
327 read:
328 570.903 Direct-support organization.—
329 (1) The department may authorize When the Legislature
330 authorizes the establishment of a direct-support organizations
331 organization to provide assistance, funding, and promotional
332 support for the museums, the Florida Agriculture in the
333 Classroom Program, the Florida State Collection of Arthropods,
334 the Friends of the Florida State Forests Program of the Florida
335 Forest Service, the Forestry Arson Alert Program, and other
336 programs of the department., The following provisions shall
337 govern the creation, use, powers, and duties of the direct
338 support organizations organization:
339 (a) The department shall enter into a memorandum or letter
340 of agreement with the direct-support organization, which shall
341 specify the approval of the department, the powers and duties of
342 the direct-support organization, and rules with which the
343 direct-support organization must comply.
344 (b) The department may authorize permit, without charge,
345 appropriate use of property, facilities, and personnel of the
346 department by the a direct-support organization, subject to ss.
347 570.902 and 570.903. The use shall be for directly in keeping
348 with the approved purposes of the direct-support organization
349 and may not be made at times or places that would unreasonably
350 interfere with opportunities for the general public to use
351 department facilities for established purposes.
352 (c) The department shall prescribe by agreement contract or
353 by rule conditions with which the a direct-support organization
354 must comply in order to use property, facilities, or personnel
355 of the department or museum. Such conditions rules shall provide
356 for budget and audit review and oversight by the department.
357 (d) The department may not authorize permit the use of
358 property, facilities, or personnel of the museum, department, or
359 designated program by the a direct-support organization that
360 does not provide equal employment opportunities to all persons
361 regardless of race, color, religion, sex, age, or national
362 origin.
363 (2)(a) The direct-support organization may shall be
364 empowered to conduct programs and activities; raise funds;
365 request and receive grants, gifts, and bequests of money;
366 acquire, receive, hold, invest, and administer, in its own name,
367 securities, funds, objects of value, or other property, real or
368 personal; and make expenditures to or for the direct or indirect
369 benefit of the museum or designated program.
370 (b) Notwithstanding the provisions of s. 287.057, the
371 direct-support organization may enter into contracts or
372 agreements with or without competitive bidding for the
373 restoration of objects, historical buildings, and other
374 historical materials or for the purchase of objects, historical
375 buildings, and other historical materials which are to be added
376 to the collections of the museum, or benefit the designated
377 program. However, before the direct-support organization may
378 enter into a contract or agreement without competitive bidding,
379 the direct-support organization shall file a certification of
380 conditions and circumstances with the internal auditor of the
381 department justifying each contract or agreement.
382 (b)(c) Notwithstanding the provisions of s. 287.025(1)(e),
383 the direct-support organization may enter into contracts to
384 insure property of the museum or designated programs and may
385 insure objects or collections on loan from others in satisfying
386 security terms of the lender.
387 (3) The direct-support organization shall provide for an
388 annual financial audit in accordance with s. 215.981.
389 (4) A department employee, direct-support organization or
390 museum employee, volunteer, or director, or Neither a designated
391 program or a museum, nor a nonprofit corporation trustee or
392 employee may not:
393 (a) Receive a commission, fee, or financial benefit in
394 connection with the sale or exchange of real or personal
395 property or historical objects or properties to the direct
396 support organization, the museum, or the designated program; or
397 (b) Be a business associate of any individual, firm, or
398 organization involved in the sale or exchange of real or
399 personal property to the direct-support organization, the
400 museum, or the designated program.
401 (5) All moneys received by the direct-support organization
402 shall be deposited into an account of the direct-support
403 organization and shall be used by the organization in a manner
404 consistent with the goals of the museum or designated program.
405 (6) The identity of a donor or prospective donor who
406 desires to remain anonymous and all information identifying such
407 donor or prospective donor are confidential and exempt from the
408 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
409 Constitution.
410 (7) The Commissioner of Agriculture, or the commissioner’s
411 designee, may serve on the board of trustees and the executive
412 committee of any direct-support organization established to
413 benefit the museum or any designated program.
414 (8) The department may terminate its agreement with a
415 direct-support organization at any time if the department
416 determines that the direct-support organization no longer meets
417 the objectives of this section The department shall establish by
418 rule archival procedures relating to museum artifacts and
419 records. The rules shall provide procedures which protect the
420 museum’s artifacts and records equivalent to those procedures
421 which have been established by the Department of State under
422 chapters 257 and 267.
423 (9) Upon termination of the direct-support organization,
424 the assets of the direct-support organization shall be
425 distributed pursuant to its articles of incorporation or by-laws
426 or, if not provided for, to the department.
427 Section 10. Subsection (3) of section 576.051, Florida
428 Statutes, is amended to read:
429 576.051 Inspection, sampling, analysis.—
430 (3) The official analysis shall be made from the official
431 sample. The department, before making the official analysis,
432 shall take a sufficient portion from the official sample for
433 check analysis and place that portion in a bottle sealed and
434 identified by number, date, and the preparer’s initials. The
435 official check sample shall be kept until the analysis of the
436 official sample is completed. However, the licensee may obtain
437 upon request a portion of the official check sample. Upon
438 completion of the analysis of the official sample, a true copy
439 of the fertilizer analysis report shall be mailed to the
440 licensee of the fertilizer from whom the official sample was
441 taken and to the dealer or agent, if any, and purchaser, if
442 known. This fertilizer analysis report shall show all
443 determinations of plant nutrient and pesticides. If the official
444 analysis conforms with the provisions of this law, the official
445 check sample may be destroyed. If the official analysis does not
446 conform with the provisions of this law, the official check
447 sample shall be retained for a period of 90 days from the date
448 of the fertilizer analysis report of the official sample. If
449 within that time the licensee of the fertilizer from whom the
450 official sample was taken, upon receipt of the fertilizer
451 analysis report, makes written demand for analysis of the
452 official check sample by a referee chemist, a portion of the
453 official check sample sufficient for analysis shall be sent to a
454 referee chemist who is mutually acceptable to the department and
455 the licensee for analysis at the expense of the licensee. The
456 referee chemist, upon completion of the analysis, shall forward
457 to the department and to the licensee a fertilizer analysis
458 report bearing a proper identification mark or number; and the
459 fertilizer analysis report shall be verified by an affidavit of
460 the person making the analysis. If the results reported on the
461 fertilizer analysis report agree within the matching criteria
462 defined in department rule checks within three-tenths of 1
463 actual percent with the department’s analysis on each element
464 for which analysis was made, the mean average of the two
465 analyses shall be accepted as final and binding on all
466 concerned. However, if the referee’s fertilizer analysis report
467 results do not agree within the matching criteria defined in
468 department rule with shows a variation of greater than three
469 tenths of 1 actual percent from the department’s analysis in any
470 one or more elements for which an analysis was made, upon demand
471 of either the department or the licensee from whom the official
472 sample was taken, a portion of the official check sample
473 sufficient for analysis shall be submitted to a second referee
474 chemist who is mutually acceptable to the department and to the
475 licensee from whom the official sample was taken, at the expense
476 of the party or parties requesting the referee analysis. If no
477 demand is made for an analysis by a second referee chemist, the
478 department’s fertilizer analysis report shall be accepted as
479 final and binding on all concerned. The second referee chemist,
480 upon completion of the analysis, shall make a fertilizer
481 analysis report as provided in this subsection for the first
482 referee chemist. The mean average of the two analyses nearest in
483 conformity to each other shall be accepted as final and binding
484 on all concerned.
485 Section 11. Subsection (1) of section 576.061, Florida
486 Statutes, is amended to read:
487 576.061 Plant nutrient investigational allowances,
488 deficiencies, and penalties.—
489 (1) A commercial fertilizer is deemed deficient if the
490 analysis of any nutrient is below the guarantee by an amount
491 exceeding the investigational allowances. The department shall
492 adopt rules, which shall take effect on July 1, 2014, that
493 establish the investigational allowances used to determine
494 whether a fertilizer is deficient in plant food.
495 (a) Effective July 1, 2014, this paragraph and paragraphs
496 (b)-(f) are repealed. Until July 1, 2014, investigational
497 Investigational allowances are set as follows:
498 (b)(a) Primary plant nutrients; investigational
499 allowances.—
500 GuaranteedPercent TotalNitrogenPercentAvailablePhosphatePercentPotashPercent
501
502 04 or less 0.49 0.67 0.41
503 05 0.51 0.67 0.43
504 06 0.52 0.67 0.47
505 07 0.54 0.68 0.53
506 08 0.55 0.68 0.60
507 09 0.57 0.68 0.65
508 10 0.58 0.69 0.70
509 12 0.61 0.69 0.79
510 14 0.63 0.70 0.87
511 16 0.67 0.70 0.94
512 18 0.70 0.71 1.01
513 20 0.73 0.72 1.08
514 22 0.75 0.72 1.15
515 24 0.78 0.73 1.21
516 26 0.81 0.73 1.27
517 28 0.83 0.74 1.33
518 30 0.86 0.75 1.39
519 32 or more 0.88 0.76 1.44
520 For guarantees not listed, calculate the appropriate value by
521 interpolation.
522 (c)(b) Nitrogen investigational allowances.—
523 Nitrogen Breakdown Investigational AllowancesPercent
524
525 Nitrate nitrogen 0.40
526 Ammoniacal nitrogen 0.40
527 Water soluble nitrogenor urea nitrogen 0.40
528 Water insoluble nitrogen 0.30
529 In no case may the investigational allowance exceed 50 percent
530 of the amount guaranteed.
531 (d)(c) Secondary and micro plant nutrients, total or
532 soluble.—
533 Element Investigational Allowances Percent
534
535 Calcium 0.2 unit+5 percent of guarantee
536 Magnesium 0.2 unit+5 percent of guarantee
537 Sulfur (free and combined) 0.2 unit+5 percent of guarantee
538 Boron 0.003 unit+15 percent of guarantee
539 Cobalt 0.0001 unit+30 percent of guarantee
540 Chlorine 0.005 unit+10 percent of guarantee
541 Copper 0.005 unit+10 percent of guarantee
542 Iron 0.005 unit+10 percent of guarantee
543 Manganese 0.005 unit+10 percent of guarantee
544 Molybdenum 0.0001 unit+30 percent of guarantee
545 Sodium 0.005 unit+10 percent of guarantee
546 Zinc 0.005 unit+10 percent of guarantee
547 The maximum allowance for secondary and minor elements when
548 calculated in accordance with this section is 1 unit (1
549 percent). In no case, however, may the investigational allowance
550 exceed 50 percent of the amount guaranteed.
551 (e)(d) Liming materials and gypsum.—
552 Range Percent Investigational AllowancesPercent
553
554 0-10 0.30
555 Over 10-25 0.40
556 Over 25 0.50
557 (f)(e) Pesticides in fertilizer mixtures.—An
558 investigational allowance of 25 percent of the guarantee shall
559 be allowed on all pesticides when added to custom blend
560 fertilizers.
561 Section 12. Subsection (2) of section 576.181, Florida
562 Statutes, is amended to read:
563 576.181 Administration; rules; procedure.—
564 (2) The department may adopt rules is authorized, by rule,
565 to implement, make specific, and interpret the provisions of
566 this chapter, and specifically to determine the composition and
567 uses of fertilizer as defined in this chapter, including, but
568 not limited to without limiting the foregoing general terms, the
569 taking and handling of samples, the establishment of
570 investigational allowances, deficiencies, matching criteria for
571 referee analysis, and penalties where not specifically provided
572 for in this chapter; to prohibit the sale or use in fertilizer
573 of any material proven to be detrimental to agriculture, public
574 health, or the environment, or of questionable value; to provide
575 for the incorporation into fertilizer of such other substances
576 as pesticides and proper labeling of such mixture; and to
577 prescribe the information which shall appear on the label other
578 than specifically set forth in this chapter.
579 Section 13. Section 585.61, Florida Statutes, is amended to
580 read:
581 585.61 Animal disease diagnostic laboratory laboratories.—
582 (1) There is hereby created and established an animal
583 disease diagnostic laboratory in Osceola County and Suwannee
584 County. The laboratory complex in Osceola County is designated
585 as the “Bronson Animal Disease Diagnostic Laboratory.”
586 (2) The construction and operation of all the laboratory
587 laboratories established by this section shall be under the
588 supervision and control of the department. It shall be the duty
589 of the department to operate the laboratory these laboratories
590 in an efficient manner so that any person who maintains animals
591 in this state may obtain prompt reliable diagnosis of animal
592 diseases, including any disease which may affect poultry eggs,
593 in this state, and recommendations for the control and
594 eradication of such diseases, to the end that diseases of
595 animals may be reduced and controlled, and eradicated when
596 possible.
597 (3) Any person who maintains animals in the state may use
598 the services of the laboratory laboratories under the terms of
599 this section and the rules adopted for such use by the
600 department. The department shall require any user of its
601 services to pay a fee not to exceed $300 for any one of the
602 services requested. All laboratory fees collected shall be
603 deposited in the Animal Industry Diagnostic Laboratory Account
604 within the General Inspection Trust Fund. The fees collected
605 shall be used to improve the diagnostic laboratory services as
606 provided for by the Legislature in the General Appropriations
607 Act.
608 Section 14. Paragraph (f) of subsection (3) of section
609 586.10, Florida Statutes, is amended to read:
610 586.10 Powers and duties of department; preemption of local
611 government ordinances.—
612 (3) The department may:
613 (f) Inspect or cause to be inspected all apiaries in the
614 state at such intervals as it may deem best and keep a complete,
615 accurate, and current list of all inspected apiaries to include
616 the:
617 1. Name of the apiary.
618 2. Name of the owner of the apiary.
619 3. Mailing address of the apiary owner.
620 4. Location of the apiary.
621 5. Number of hives in the apiary.
622 6. Pest problems associated with the apiary.
623 7. Brands used by beekeepers where applicable.
624
625 Notwithstanding s. 112.313, an apiary inspector may be a
626 certified beekeeper as long as the inspector does not inspect
627 his or her own apiary.
628 Section 15. Section 589.02, Florida Statutes, is amended to
629 read:
630 589.02 Headquarters and meetings of council.—The official
631 headquarters of the council shall be in Tallahassee, but it may
632 hold meetings at such other places in the state as it may
633 determine by resolutions or as may be selected by a majority of
634 the members of the council in any call for a meeting. The annual
635 meeting of the council shall be held on the first Monday in
636 October of each year. Special meetings may be called at any time
637 by the chair or upon the written request of a majority of the
638 members. The council shall annually elect from its members a
639 chair, a vice chair, and a secretary. The election shall be held
640 at the annual meeting of the council. A majority of the members
641 of the council shall constitute a quorum for such purposes.
642 Section 16. Subsection (4) of section 589.19, Florida
643 Statutes, is amended to read:
644 589.19 Creation of certain state forests; naming of certain
645 state forests; Operation Outdoor Freedom Program.—
646 (4)(a) To honor the nation’s disabled veterans and injured
647 active duty servicemembers, the Florida Forest Service shall
648 coordinate efforts to develop an Operation Outdoor Freedom
649 Program to provide hunting and other activities for eligible
650 veterans and servicemembers in designated state forest areas and
651 on designated public and private lands. The Legislature finds it
652 to be in the public interest for the Florida Forest Service to
653 develop partnerships with the Fish and Wildlife Conservation
654 Commission and other public and private organizations in order
655 to provide the needed resources and funding to make the program
656 successful The Florida Forest Service shall designate one or
657 more areas of state forests as an “Operation Outdoor Freedom
658 Special Hunt Area” to honor wounded veterans and servicemembers.
659 The purpose of such designated areas is to provide special
660 outdoor recreational opportunities for eligible veterans and
661 servicemembers.
662 (b) Participation in the Operation Outdoor Freedom Program
663 shall be limited to Florida residents, as defined in s.
664 379.101(30)(b), The Florida Forest Service shall limit guest
665 admittance to such designated areas to any person who:
666 1. Are honorably discharged military veterans certified by
667 the United States Department of Veterans Affairs or its
668 predecessor or by any branch of the United States Armed Forces
669 to be at least 30 percent permanently service-connected disabled
670 Is an active duty member of any branch of the United States
671 Armed Forces and has a combat-related injury as determined by
672 his or her branch of the United States Armed Forces; or
673 2. Have been awarded the Military Order of the Purple
674 Heart; or Is a veteran who served during a period of wartime
675 service as defined in s. 1.01(14) or peacetime service as
676 defined in s. 296.02 and:
677 a. Has a service-connected disability as determined by the
678 United States Department of Veterans Affairs; or
679 b. Was discharged or released from military service because
680 of a disability acquired or aggravated while serving on active
681 duty
682 3. Are active duty servicemembers with a service-connected
683 injury as determined by his or her branch of the United States
684 Armed Forces.
685
686 Proof of eligibility under this subsection, as prescribed by the
687 Florida Forest Service, may be required.
688 (c) Notwithstanding the eligibility requirements for
689 program participation in paragraph (b), guided or unguided
690 invitation-only activities may be conducted as part of the
691 Operation Outdoor Freedom Program for injured or disabled
692 veterans and injured or disabled active duty servicemembers of
693 any branch of the United States Armed Forces in designated state
694 forest areas and on designated public and private lands. The
695 Florida Forest Service may grant admittance to such designated
696 areas and lands to a person who is not an eligible veteran or
697 servicemember for the sole purpose purposes of accompanying an
698 eligible veteran or servicemember who requires the person’s
699 assistance to use such designated areas and lands.
700 (d) The Florida Forest Service may cooperate with state and
701 federal agencies, local governments, private landowners, and
702 other entities in connection with the Operation Outdoor Freedom
703 Program. Donations to the Operation Outdoor Freedom Program
704 Funding required for specialized accommodations shall be
705 deposited into the account of provided through the Friends of
706 Florida State Forests Program created under s. 589.012 and used
707 for Operation Outdoor Freedom Program activities.
708 (e)1. A private landowner who provides land for designation
709 and use as an Operation Outdoor Freedom Program hunting site
710 shall have limited liability pursuant to s. 375.251.
711 2. A private landowner who consents to the designation and
712 use of land as part of the Operation Outdoor Freedom Program
713 without compensation shall be considered a volunteer, as defined
714 in s. 110.501, and shall be covered by state liability
715 protection pursuant to s. 768.28, including s. 768.28(9).
716 3. This subsection does not:
717 a. Relieve any person of liability that would otherwise
718 exist for deliberate, willful, or malicious injury to persons or
719 property.
720 b. Create or increase the liability of any person.
721 (f) The Legislature shall designate the second Saturday of
722 each November as Operation Outdoor Freedom Day.
723 (g)(e) The Florida Forest Service may adopt rules to
724 administer this subsection.
725 Section 17. Section 589.30, Florida Statutes, is amended to
726 read:
727 589.30 Duty of district or center manager forester.—It
728 shall be the duty of the district or center manager forester to
729 direct all work in accordance with the law and regulations of
730 the Florida Forest Service; gather and disseminate information
731 in the management of commercial timber, including establishment,
732 protection and utilization; and assist in the development and
733 use of forest lands for outdoor recreation, watershed
734 protection, and wildlife habitat. The district or center manager
735 forester or his or her representative shall provide
736 encouragement and technical assistance to individuals and urban
737 and county officials in the planning, establishment, and
738 management of trees and plant associations to enhance the beauty
739 of the urban and suburban environment and meet outdoor
740 recreational needs.
741 Section 18. Subsections (1), (2), (3), (7), and (10) of
742 section 590.02, Florida Statutes, are amended to read:
743 590.02 Florida Forest Service; powers, authority, and
744 duties; liability; building structures; Florida Center for
745 Wildfire and Forest Resources Management Training.—
746 (1) The Florida Forest Service has the following powers,
747 authority, and duties:
748 (a) To enforce the provisions of this chapter;
749 (b) To prevent, detect, and suppress, and extinguish
750 wildfires wherever they may occur on public or private land in
751 this state and to do all things necessary in the exercise of
752 such powers, authority, and duties;
753 (c) To provide firefighting crews, who shall be under the
754 control and direction of the Florida Forest Service and its
755 designated agents;
756 (d) To appoint center managers, forest area supervisors,
757 forestry program administrators, a forest protection bureau
758 chief, a forest protection assistant bureau chief, a field
759 operations bureau chief, deputy chiefs of field operations,
760 district managers, forest operations administrators, senior
761 forest rangers, investigators, forest rangers, firefighter
762 rotorcraft pilots, and other employees who may, at the Florida
763 Forest Service’s discretion, be certified as forestry
764 firefighters pursuant to s. 633.35(4). Other provisions of law
765 notwithstanding, center managers, district managers, forest
766 protection assistant bureau chief, and deputy chiefs of field
767 operations shall have Selected Exempt Service status in the
768 state personnel designation;
769 (e) To develop a training curriculum for forestry
770 firefighters which must contain the basic volunteer structural
771 fire training course approved by the Florida State Fire College
772 of the Division of State Fire Marshal and a minimum of 250 hours
773 of wildfire training;
774 (f) To make rules to accomplish the purposes of this
775 chapter;
776 (g) To provide fire management services and emergency
777 response assistance and to set and charge reasonable fees for
778 performance of those services. Moneys collected from such fees
779 shall be deposited into the Incidental Trust Fund of the Florida
780 Forest Service; and
781 (h) To require all state, regional, and local government
782 agencies operating aircraft in the vicinity of an ongoing
783 wildfire to operate in compliance with the applicable state
784 Wildfire Aviation Plan; and
785 (i) To authorize broadcast burning, prescribed burning,
786 pile burning, and land clearing debris burning to carry out the
787 duties of this chapter and the rules adopted thereunder.
788 (2) The Florida Forest Service’s employees, and the
789 firefighting crews under their control and direction, may enter
790 upon any lands for the purpose of preventing, detecting, and
791 suppressing wildfires and investigating smoke complaints or open
792 burning not in compliance with authorization and to enforce the
793 provisions of this chapter.
794 (3) Employees of the Florida Forest Service and of federal,
795 state, and local agencies, and all other persons and entities
796 that are under contract or agreement with the Florida Forest
797 Service to assist in firefighting operations as well as those
798 entities, called upon by the Florida Forest Service to assist in
799 firefighting may, in the performance of their duties, set
800 counterfires, remove fences and other obstacles, dig trenches,
801 cut firelines, use water from public and private sources, and
802 carry on all other customary activities in the fighting of
803 wildfires without incurring liability to any person or entity.
804 The manner in which the Florida Forest Service monitors a
805 smoldering wildfire, smoldering prescribed fire, or fights any
806 wildfire are planning level activities for which sovereign
807 immunity applies and is not waived.
808 (7) The Florida Forest Service may organize, staff, equip,
809 and operate the Florida Center for Wildfire and Forest Resources
810 Management Training Center. The center shall serve as a site
811 where fire and forest resource managers can obtain current
812 knowledge, techniques, skills, and theory as they relate to
813 their respective disciplines.
814 (a) The center may establish cooperative efforts involving
815 federal, state, and local entities; hire appropriate personnel;
816 and engage others by contract or agreement with or without
817 compensation to assist in carrying out the training and
818 operations of the center.
819 (b) The center shall provide wildfire suppression training
820 opportunities for rural fire departments, volunteer fire
821 departments, and other local fire response units.
822 (c) The center will focus on curriculum related to, but not
823 limited to, fuel reduction, an incident management system,
824 prescribed burning certification, multiple-use land management,
825 water quality, forest health, environmental education, and
826 wildfire suppression training for structural firefighters.
827 (d) The center may assess appropriate fees for food,
828 lodging, travel, course materials, and supplies in order to meet
829 its operational costs and may grant free meals, room, and
830 scholarships to persons and other entities in exchange for
831 instructional assistance.
832 (e) An advisory committee consisting of the following
833 individuals or their designees must review program curriculum,
834 course content, and scheduling: the director of the Florida
835 Forest Service; the assistant director of the Florida Forest
836 Service; the director of the School of Forest Resources and
837 Conservation of the University of Florida; the director of the
838 Division of Recreation and Parks of the Department of
839 Environmental Protection; the director of the Division of the
840 State Fire Marshal; the director of the Florida Chapter of The
841 Nature Conservancy; the executive vice president of the Florida
842 Forestry Association; the president of the Florida Farm Bureau
843 Federation; the executive director of the Fish and Wildlife
844 Conservation Commission; the executive director of a water
845 management district as appointed by the Commissioner of
846 Agriculture; the supervisor of the National Forests in Florida;
847 the president of the Florida Fire Chief’s Association; and the
848 executive director of the Tall Timbers Research Station.
849 (10)(a) Notwithstanding the provisions of s. 252.38, the
850 Florida Forest Service has exclusive authority to require and
851 issue authorizations for broadcast burning and agricultural and
852 silvicultural pile burning. An agency, commission, department,
853 county, municipality, or other political subdivision of the
854 state may not adopt or enforce laws, regulations, rules, or
855 policies pertaining to broadcast burning or agricultural and
856 silvicultural pile burning unless an emergency order is declared
857 in accordance with s. 252.38(3).
858 (b) The Florida Forest Service may delegate to a county, or
859 municipality, or special district its authority:,
860 1. As delegated by the Department of Environmental
861 Protection pursuant to ss. 403.061(28) and 403.081, to manage
862 and enforce regulations pertaining to require and issue
863 authorizations for the burning of yard trash and debris from
864 land clearing operations in accordance with s. 590.125(6).
865 2. To manage the open burning of land clearing debris in
866 accordance with s. 590.125.
867 Section 19. Subsection (1) of section 590.11, Florida
868 Statutes, is amended to read:
869 590.11 Recreational fires.—
870 (1) It is unlawful for any individual or group of
871 individuals to build a warming fire, bonfire, or campfire and
872 leave it unattended while visible flame, smoke, or emissions
873 exist unextinguished.
874 Section 20. Subsections (1) and (2), paragraphs (b) and (c)
875 of subsection (3), and paragraph (a) of subsection (4) of
876 section 590.125, Florida Statutes, are amended to read:
877 590.125 Open burning authorized by the Florida Forest
878 Service.—
879 (1) DEFINITIONS.—As used in this section, the term:
880 (a) “Certified pile burner” means an individual who
881 successfully completes the pile burning certification program of
882 the Florida Forest Service and possesses a valid pile burner
883 certification number.
884 (b) “Certified pile burning” means a pile burn conducted in
885 accordance with a written pile burning plan by a certified pile
886 burner.
887 (c)(b) “Certified prescribed burn manager” means an
888 individual who successfully completes the certified prescribed
889 burning program of the Florida Forest Service and possesses a
890 valid certification number.
891 (d) “Certified prescribed burning” means prescribed burning
892 in accordance with a written prescription conducted by a
893 certified prescribed burn manager.
894 (e) “Contained” means that fire and smoldering exist
895 entirely within established or natural firebreaks.
896 (f)(c) “Completed” “Extinguished” means that for:
897 1. Broadcast burning, no continued lateral movement of fire
898 across the authorized area into entirely unburned fuels Wildland
899 burning or certified prescribed burning, no spreading flames
900 exist.
901 2. Certified pile Vegetative land-clearing debris burning
902 or pile burning, no visible flames exist.
903 3. Certified pile Vegetative land-clearing debris burning
904 or pile burning in an area designated as smoke sensitive by the
905 Florida Forest Service, no visible flames, smoke, or emissions
906 exist.
907 (g) “Gross negligence” means conduct so reckless or wanting
908 in care that it constitutes a conscious disregard or
909 indifference to the life, safety, or rights of persons exposed
910 to such conduct.
911 (d) “Land-clearing operation” means the uprooting or
912 clearing of vegetation in connection with the construction of
913 buildings and rights-of-way, land development, and mineral
914 operations. The term does not include the clearing of yard
915 trash.
916 (h)(e) “Pile burning” means the burning of silvicultural,
917 agricultural, or land-clearing, or and tree-cutting debris
918 originating onsite, which is stacked together in a round or
919 linear fashion, including, but not limited to, a windrow. Pile
920 burning authorized by the Florida Forest Service is a temporary
921 procedure, which operates on the same site for 6 months or less.
922 (i) “Pile burn plan” means a written plan establishing the
923 method of conducting a certified pile burn.
924 (j)(f) “Prescribed burning” means the controlled
925 application of fire by broadcast burning in accordance with a
926 written prescription for vegetative fuels under specified
927 environmental conditions, while following appropriate
928 precautionary measures that ensure that the fire is contained
929 within confined to a predetermined area to accomplish the
930 planned fire or land management objectives.
931 (k)(g) “Prescription” means a written plan establishing the
932 conditions and method for conducting criteria necessary for
933 starting, controlling, and extinguishing a certified prescribed
934 burn.
935 (l) “Smoldering” means the continued consumption of fuels,
936 which may emit flames and smoke, after a fire is contained.
937 (m)(h) “Yard trash” means vegetative matter resulting from
938 landscaping and yard maintenance operations and other such
939 routine property cleanup activities. The term includes materials
940 such as leaves, shrub trimmings, grass clippings, brush, and
941 palm fronds.
942 (2) NONCERTIFIED BURNING.—
943 (a) Persons may be authorized to broadcast burn or pile
944 burn wild land or vegetative land-clearing debris in accordance
945 with this subsection if:
946 1. There is specific consent of the landowner or his or her
947 designee;
948 2. Authorization has been obtained from the Florida Forest
949 Service or its designated agent before starting the burn;
950 3. There are adequate firebreaks at the burn site and
951 sufficient personnel and firefighting equipment for the
952 containment control of the fire;
953 4. The fire remains within the boundary of the authorized
954 area;
955 5. The person named responsible in the burn authorization
956 or a designee An authorized person is present at the burn site
957 until the fire is completed extinguished;
958 6. The Florida Forest Service does not cancel the
959 authorization; and
960 7. The Florida Forest Service determines that air quality
961 and fire danger are favorable for safe burning.
962 (b) A person who broadcast burns or pile burns wild land or
963 vegetative land-clearing debris in a manner that violates any
964 requirement of this subsection commits a misdemeanor of the
965 second degree, punishable as provided in s. 775.082 or s.
966 775.083.
967 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
968 PURPOSE.—
969 (b) Certified prescribed burning pertains only to broadcast
970 burning for purposes of silviculture, wildland fire hazard
971 reduction, wildlife management, ecological maintenance and
972 restoration, and agriculture range and pasture management. It
973 must be conducted in accordance with this subsection and:
974 1. May be accomplished only when a certified prescribed
975 burn manager is present on site with a copy of the prescription
976 and directly supervises the certified prescribed burn until the
977 burn is completed, after which the certified prescribed burn
978 manager is not required to be present from ignition of the burn
979 to its completion.
980 2. Requires that a written prescription be prepared before
981 receiving authorization to burn from the Florida Forest Service.
982 a. A new prescription or authorization is not required for
983 smoldering that occurs within the authorized burn area when no
984 new ignitions are conducted by the certified prescribed burn
985 manager.
986 b. Monitoring the smoldering activity of a certified
987 prescribed burn does not require a prescription or an additional
988 authorization even if flames begin to spread within the
989 authorized burn area due to ongoing smoldering.
990 3. Requires that the specific consent of the landowner or
991 his or her designee be obtained before requesting an
992 authorization.
993 4. Requires that an authorization to burn be obtained from
994 the Florida Forest Service before igniting the burn.
995 5. Requires that there be adequate firebreaks at the burn
996 site and sufficient personnel and firefighting equipment to
997 contain for the control of the fire within the authorized burn
998 area.
999 a. Fire spreading outside the authorized burn area on the
1000 day of the certified prescribed burn ignition does not
1001 constitute conclusive proof of inadequate firebreaks,
1002 insufficient personnel, or a lack of firefighting equipment.
1003 b. During the authorization period, if the certified
1004 prescribed burn is contained within the authorized burn area, a
1005 strong rebuttable presumption shall exist that adequate
1006 firebreaks, sufficient personnel, and sufficient firefighting
1007 equipment were present.
1008 c. Continued smoldering of a certified prescribed burn
1009 resulting in a subsequent wildfire does not by itself constitute
1010 evidence of gross negligence under this section.
1011 6. Is considered to be in the public interest and does not
1012 constitute a public or private nuisance when conducted under
1013 applicable state air pollution statutes and rules.
1014 7. Is considered to be a property right of the property
1015 owner if vegetative fuels are burned as required in this
1016 subsection.
1017 (c) Neither A property owner, nor his or her agent,
1018 contractor, or legally authorized designee is not liable
1019 pursuant to s. 590.13 for damage or injury caused by the fire,
1020 including the reignition of a smoldering, previously contained
1021 burn, or resulting smoke or considered to be in violation of
1022 subsection (2) for burns conducted in accordance with this
1023 subsection, unless gross negligence is proven. The Florida
1024 Forest Service is not liable for burns for which it issues
1025 authorizations.
1026 (4) CERTIFIED PILE BURNING.—
1027 (a) Certified pile burning pertains to the disposal of
1028 piled, naturally occurring debris from an agricultural,
1029 silvicultural, or temporary land-clearing, or tree cutting
1030 debris originating on site operation. A land-clearing operation
1031 is temporary if it operates for 6 months or less. Certified pile
1032 burning must be conducted in accordance with the following:
1033 1. A certified pile burner must ensure, before ignition,
1034 that the piles are properly placed and that the content of the
1035 piles is conducive to efficient burning.
1036 2. A certified pile burner must ensure that the authorized
1037 burn is completed piles are properly extinguished no later than
1038 1 hour after sunset. If the burn is conducted in an area
1039 designated by the Florida Forest Service as smoke sensitive, a
1040 certified pile burner must ensure that the authorized burn is
1041 completed piles are properly extinguished at least 1 hour before
1042 sunset.
1043 3. A written pile burning plan must be prepared before
1044 receiving authorization from the Florida Forest Service to burn
1045 and must be on site and available for inspection by a department
1046 representative.
1047 4. The specific consent of the landowner or his or her
1048 agent must be obtained before requesting authorization to burn.
1049 5. An authorization to burn must be obtained from the
1050 Florida Forest Service or its designated agent before igniting
1051 the burn.
1052 6. There must be adequate firebreaks and sufficient
1053 personnel and firefighting equipment at the burn site to contain
1054 the burn to the piles authorized control the fire.
1055 Section 21. Section 590.25, Florida Statutes, is amended to
1056 read:
1057 590.25 Penalty for preventing or obstructing the
1058 prevention, detection, or suppression extinguishment of
1059 wildfires.—Whoever interferes shall interfere with, obstructs
1060 obstruct or commits commit any act aimed to obstruct the
1061 prevention, detection, or suppression extinguishment of
1062 wildfires by the employees of the Florida Forest Service or any
1063 other person engaged in the prevention, detection, or
1064 suppression extinguishment of a wildfire, or who damages or
1065 destroys any equipment being used for such purpose, commits
1066 shall be guilty of a felony of the third degree, punishable as
1067 provided in s. 775.082, s. 775.083, or s. 775.084.
1068 Section 22. Chapter 595, Florida Statutes, is created,
1069 shall consist of sections 595.401-595.701, Florida Statutes, and
1070 shall be entitled “School Food and Nutrition Services.”
1071 Section 23. Section 595.401, Florida Statutes, is created
1072 to read:
1073 595.401 Short title.—This chapter may be cited as the
1074 “Florida School Food and Nutrition Act.”
1075 Section 24. Section 595.402, Florida Statutes, is created
1076 to read:
1077 595.402 Definitions.—As used in this chapter, the term:
1078 (1) “Commissioner” means the Commissioner of Agriculture.
1079 (2) “Department” means the Department of Agriculture and
1080 Consumer Services.
1081 (3) “Program” means any one or more of the school food and
1082 nutrition service programs that the department has
1083 responsibility over including, but not limited to, the National
1084 School Lunch Program, the Special Milk Program, the School
1085 Breakfast Program, the Summer Food Service Program, the Fresh
1086 Fruit and Vegetable Program, and any other program that relates
1087 to school nutrition.
1088 (4) “School district” means any of the 67 county school
1089 districts, including the respective district school board.
1090 (5) “Sponsor” means any entity that is conducting a program
1091 under a current agreement with the department.
1092 Section 25. Section 595.403, Florida Statutes, is created
1093 to read:
1094 595.403 State policy.—The Legislature, in recognition of
1095 the demonstrated relationship between good nutrition and the
1096 capacity of students to develop and learn, declares that it is
1097 the policy of the state to provide standards for school food and
1098 nutrition services and to require each school district to
1099 establish and maintain an appropriate school food and nutrition
1100 service program consistent with the nutritional needs of
1101 students. To implement that policy, the state shall provide
1102 funds to meet the state National School Lunch Act matching
1103 requirements. The funds provided shall be distributed in such a
1104 manner as to comply with the requirements of the National School
1105 Lunch Act.
1106 Section 26. Section 570.98, Florida Statutes, is
1107 transferred, renumbered as section 595.404, Florida Statutes,
1108 and amended to read:
1109 595.404 570.98 School food and nutrition service program;
1110 powers and duties of the department programs.—
1111 (1) The department has the following powers and duties:
1112 shall
1113 (1) To conduct, supervise, and administer the program all
1114 school food and nutrition programs that will be carried out
1115 using federal or state funds, or funds from any other source.
1116 (2) To fully The department shall cooperate fully with the
1117 United States Government and its agencies and instrumentalities
1118 so that the department may receive the benefit of all federal
1119 financial allotments and assistance possible to carry out the
1120 purposes of this chapter.
1121 (3) To implement and adopt by rule, as required, federal
1122 regulations to maximize federal assistance for the program. The
1123 department may
1124 (4) To act as agent of, or contract with, the Federal
1125 Government, another state agency, or any county or municipal
1126 government, or sponsor for the administration of the program
1127 school food and nutrition programs, including the distribution
1128 of funds provided by the Federal Government to support the
1129 program school food and nutrition programs.
1130 (5) To make a reasonable effort to ensure that any school
1131 designated as a “severe need school” receives the highest rate
1132 of reimbursement to which it is entitled under 42 U.S.C. s. 1773
1133 for each breakfast meal served.
1134 (6) To develop and propose legislation necessary to
1135 implement the program, encourage the development of innovative
1136 school food and nutrition services, and expand participation in
1137 the program.
1138 (7) To annually allocate among the sponsors, as applicable,
1139 funds provided from the school breakfast supplement in the
1140 General Appropriations Act based on each district’s total number
1141 of free and reduced-price breakfast meals served.
1142 (8) To employ such persons as are necessary to perform its
1143 duties under this chapter.
1144 (9) To adopt rules covering the administration, operation,
1145 and enforcement of the program as well as to implement the
1146 provisions of this chapter.
1147 (10) To adopt and implement an appeal process by rule, as
1148 required by federal regulations, for applicants and participants
1149 under the program, notwithstanding s. 120.569 and ss. 120.57
1150 120.595.
1151 (11) To assist, train, and review each sponsor in its
1152 implementation of the program.
1153 (12) To advance funds from the program’s annual
1154 appropriation to sponsors, when requested, in order to implement
1155 the provisions of this chapter and in accordance with federal
1156 regulations.
1157 Section 27. Subsections (1) through (5) of section 570.981,
1158 Florida Statutes, are transferred, renumbered as section
1159 595.405, Florida Statutes, and amended to read:
1160 595.405 570.981 Program requirements for school districts
1161 and sponsors food service programs.—
1162 (1) In recognition of the demonstrated relationship between
1163 good nutrition and the capacity of students to develop and
1164 learn, it is the policy of the state to provide standards for
1165 school food service and to require district school boards to
1166 establish and maintain an appropriate private school food
1167 service program consistent with the nutritional needs of
1168 students.
1169 (2) The department shall adopt rules covering the
1170 administration and operation of the school food service
1171 programs.
1172 (1)(3) Each school district school board shall consider the
1173 recommendations of the district school superintendent and adopt
1174 policies to provide for an appropriate food and nutrition
1175 service program for students consistent with federal law and
1176 department rules rule.
1177 (4) The state shall provide the state National School Lunch
1178 Act matching requirements. The funds provided shall be
1179 distributed in such a manner as to comply with the requirements
1180 of the National School Lunch Act.
1181 (2)(5)(a) Each school district school board shall implement
1182 school breakfast programs that make breakfast meals available to
1183 all students in each elementary school. Universal school
1184 breakfast programs shall be offered in schools in which 80
1185 percent or more of the students are eligible for free or
1186 reduced-price meals. Each school shall, to the maximum extent
1187 practicable, make breakfast meals available to students at an
1188 alternative site location, which may include, but need not be
1189 limited to, alternative breakfast options as described in
1190 publications of the Food and Nutrition Service of the United
1191 States Department of Agriculture for the federal School
1192 Breakfast Program.
1193 (3)(b) Each school district must annually set prices for
1194 breakfast meals at rates that, combined with federal
1195 reimbursements and state allocations, are sufficient to defray
1196 costs of school breakfast programs without requiring allocations
1197 from the district’s operating funds, except if the district
1198 school board approves lower rates.
1199 (4)(c) Each school district school board is encouraged to
1200 provide universal-free school breakfast meals to all students in
1201 each elementary, middle, and high school. Each school district
1202 school board shall approve or disapprove a policy, after
1203 receiving public testimony concerning the proposed policy at two
1204 or more regular meetings, which makes universal-free school
1205 breakfast meals available to all students in each elementary,
1206 middle, and high school in which 80 percent or more of the
1207 students are eligible for free or reduced-price meals.
1208 (5)(d) Each elementary, middle, and high school shall make
1209 a breakfast meal available if a student arrives at school on the
1210 school bus less than 15 minutes before the first bell rings and
1211 shall allow the student at least 15 minutes to eat the
1212 breakfast.
1213 (6)(e) Each school district shall annually provide to all
1214 students in each elementary, middle, and high school information
1215 prepared by the district’s food service administration regarding
1216 its school breakfast programs. The information shall be
1217 communicated through school announcements and written notices
1218 notice sent to all parents.
1219 (7)(f) A school district school board may operate a
1220 breakfast program providing for food preparation at the school
1221 site or in central locations with distribution to designated
1222 satellite schools or any combination thereof.
1223 (8) Each sponsor shall complete all corrective action plans
1224 required by the department or a federal agency to be in
1225 compliance with the program.
1226 (g) The commissioner shall make every reasonable effort to
1227 ensure that any school designated as a “severe need school”
1228 receives the highest rate of reimbursement to which it is
1229 entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
1230 (h) The department shall annually allocate among the school
1231 districts funds provided from the school breakfast supplement in
1232 the General Appropriations Act based on each district’s total
1233 number of free and reduced-price breakfast meals served.
1234 Section 28. Subsection (6) of section 570.981, Florida
1235 Statutes, is transferred, renumbered as section 595.406, Florida
1236 Statutes, and amended to read:
1237 595.406 570.981 Florida Farm Fresh Schools Program School
1238 food service programs.—
1239 (6) The Legislature, recognizing that school children need
1240 nutritious food not only for healthy physical and intellectual
1241 development but also to combat diseases related to poor
1242 nutrition and obesity, establishes the Florida Farm Fresh
1243 Schools Program within the department. The program shall comply
1244 with the regulations of the National School Lunch Program and
1245 require:
1246 (1)(a) In order to implement the Florida Farm Fresh Schools
1247 Program, the department shall to develop policies pertaining to
1248 school food services which encourage:
1249 (a)1. Sponsors School districts to buy fresh and high
1250 quality foods grown in this state when feasible.
1251 (b)2. Farmers in this state to sell their products to
1252 sponsors, school districts, and schools.
1253 (c)3. Sponsors School districts and schools to demonstrate
1254 a preference for competitively priced organic food products.
1255 (d)(b) Sponsors School districts and schools to make
1256 reasonable efforts to select foods based on a preference for
1257 those that have maximum nutritional content.
1258 (2)(c) The department shall to provide outreach, guidance,
1259 and training to sponsors school districts, schools, school food
1260 service directors, parent and teacher organizations, and
1261 students about the benefit benefits of fresh food products from
1262 farms in this state.
1263 Section 29. Section 570.982, Florida Statutes, is
1264 transferred, renumbered as section 595.407, Florida Statutes,
1265 and amended to read:
1266 595.407 570.982 Children′s summer nutrition program.—
1267 (1) This section may be cited as the “Ms. Willie Ann Glenn
1268 Act.”
1269 (2) Each school district school board shall develop a plan
1270 to sponsor a summer nutrition program to operate sites in the
1271 school district as follows:
1272 (a) Within 5 miles of at least one elementary school at
1273 which 50 percent or more of the students are eligible for free
1274 or reduced-price school meals and for the duration of 35
1275 consecutive days.; and
1276 (b) Except as operated pursuant to paragraph (a), Within 10
1277 miles of each elementary school at which 50 percent or more of
1278 the students are eligible for free or reduced-price school
1279 meals, except as operated pursuant to paragraph (a).
1280 (3)(a) A school district school board may be exempt from
1281 sponsoring a summer nutrition program pursuant to this section.
1282 A school district school board seeking such exemption must
1283 include the issue on an agenda at a regular or special school
1284 district school board meeting that is publicly noticed, provide
1285 residents an opportunity to participate in the discussion, and
1286 vote on whether to be exempt from this section. The school
1287 district school board shall notify the department commissioner
1288 within 10 days after it decides to become exempt from this
1289 section.
1290 (b) Each year, the school district school board shall
1291 reconsider its decision to be exempt from the provisions of this
1292 section and shall vote on whether to continue the exemption from
1293 sponsoring a summer nutrition program. The school district
1294 school board shall notify the department commissioner within 10
1295 days after each subsequent year’s decision to continue the
1296 exemption.
1297 (c) If a school district school board elects to be exempt
1298 from sponsoring a summer nutrition program under this section,
1299 the school district school board may encourage not-for-profit
1300 entities to sponsor the program. If a not-for-profit entity
1301 chooses to sponsor the summer nutrition program but fails to
1302 perform with regard to the program, the district school board,
1303 the school district, and the department are not required to
1304 continue the program and shall be held harmless from any
1305 liability arising from the discontinuation of the summer
1306 nutrition program.
1307 (4) The superintendent of schools may collaborate with
1308 municipal and county governmental agencies and private, not-for
1309 profit leaders in implementing the plan. Although schools have
1310 proven to be the optimal site for a summer nutrition program,
1311 any not-for-profit entity may serve as a site or sponsor. By
1312 April 15 of each year, each school district with a summer
1313 nutrition program shall report to the department the district’s
1314 summer nutrition program sites in compliance with this section.
1315 (5) The department shall provide to each school district
1316 school board by February 15 of each year a list of local
1317 organizations that have filed letters of intent to participate
1318 in the summer nutrition program in order that a school district
1319 may school board is able to determine how many sites are needed
1320 to serve the children and where to place each site.
1321 Section 30. Section 570.072, Florida Statutes, is
1322 transferred and renumbered as section 595.408, Florida Statutes.
1323 Section 31. Section 595.501, Florida Statutes, is created
1324 to read:
1325 595.501 Penalties.—Any person, sponsor, or school district
1326 that violates any provision of this chapter or any rule adopted
1327 thereunder or otherwise does not comply with the program is
1328 subject to a suspension or revocation of their agreement, loss
1329 of reimbursement, or a financial penalty in accordance with
1330 federal or state law or both. This section does not restrict the
1331 applicability of any other law.
1332 Section 32. Section 570.983, Florida Statutes, is
1333 transferred, renumbered as section 595.601, Florida Statutes,
1334 and amended to read:
1335 595.601 570.983 Food and Nutrition Services Trust Fund.
1336 Chapter 99-37, Laws of Florida, recreated the Food and Nutrition
1337 Services Trust Fund to record revenue and disbursements of
1338 Federal Food and Nutrition funds received by the department as
1339 authorized in s. 595.405 570.981.
1340 Section 33. Section 570.984, Florida Statutes, is
1341 transferred and renumbered as section 595.701, Florida Statutes,
1342 to read:
1343 595.701 570.984 Healthy Schools for Healthy Lives Council.—
1344 (1) There is created within the Department of Agriculture
1345 and Consumer Services the Healthy Schools for Healthy Lives
1346 Council, which shall consist of 11 members appointed by the
1347 Commissioner of Agriculture. The council shall advise the
1348 department on matters relating to nutritional standards and the
1349 prevention of childhood obesity, nutrition education,
1350 anaphylaxis, and other needs to further the development of the
1351 various school nutrition programs.
1352 (2) The meetings, powers, duties, procedures, and
1353 recordkeeping of the Healthy Schools for Healthy Lives Council
1354 shall be governed by s. 570.0705, relating to advisory
1355 committees established within the department.
1356 Section 34. Subsection (16) of section 1001.42, Florida
1357 Statutes, is amended to read:
1358 1001.42 Powers and duties of district school board.—The
1359 district school board, acting as a board, shall exercise all
1360 powers and perform all duties listed below:
1361 (16) SCHOOL LUNCH PROGRAM.—Assume such responsibilities and
1362 exercise such powers and perform such duties as may be assigned
1363 to it by law or as may be required by rules of the Department of
1364 Agriculture and Consumer Services State Board of Education or,
1365 as in the opinion of the district school board, are necessary to
1366 ensure school lunch services, consistent with needs of students;
1367 effective and efficient operation of the program; and the proper
1368 articulation of the school lunch program with other phases of
1369 education in the district.
1370 Section 35. Subsection (1) of section 1003.453, Florida
1371 Statutes, is amended to read:
1372 1003.453 School wellness and physical education policies;
1373 nutrition guidelines.—
1374 (1) Each school district shall electronically submit to the
1375 Department of Education a copy of its local school wellness
1376 policy to the Department of Agriculture and Consumer Services as
1377 required by the Child Nutrition and WIC Reauthorization Act of
1378 2004 and a copy of its physical education policy required under
1379 s. 1003.455 to the Department of Education. Each school district
1380 shall annually review its local school wellness policy and
1381 physical education policy and provide a procedure for public
1382 input and revisions. In addition, each school district shall
1383 provide its revised local school send an updated copy of its
1384 wellness policy and revised physical education policy to the
1385 applicable department and to the Department of Agriculture and
1386 Consumer Services when a change or revision is made.
1387 Section 36. Sections 487.0615, 570.382, 570.97, and 590.50,
1388 Florida Statutes, are repealed.
1389 Section 37. Subsection (5) of section 487.041, Florida
1390 Statutes, is amended to read:
1391 487.041 Registration.—
1392 (5) The department shall provide summary information to the
1393 Pesticide Review Council regarding applications for registration
1394 of those pesticides for which data received in the registration
1395 process indicate that the pesticide, when used according to
1396 label instructions and precautions, may have a significant
1397 potential for adverse effects on human health or the
1398 environment. The council shall be kept apprised of the status of
1399 these applications while under review and of the final action by
1400 the Commissioner of Agriculture regarding the registration of
1401 these pesticides.
1402 Section 38. Paragraph (b) of subsection (8) of section
1403 550.2625, Florida Statutes, is amended to read:
1404 550.2625 Horseracing; minimum purse requirement, Florida
1405 breeders’ and owners’ awards.—
1406 (8)
1407 (b) The division shall deposit these collections to the
1408 credit of the General Inspection Trust Fund in a special account
1409 to be known as the “Florida Arabian Horse Racing Promotion
1410 Account.” The Department of Agriculture and Consumer Services
1411 shall administer the funds and adopt suitable and reasonable
1412 rules for the administration thereof. The moneys in the Florida
1413 Arabian Horse Racing Promotion Account shall be allocated solely
1414 for supplementing and augmenting purses and prizes and for the
1415 general promotion of owning and breeding of racing Arabian
1416 horses in this state; and the moneys may not be used to defray
1417 any expense of the Department of Agriculture and Consumer
1418 Services in the administration of this chapter, except that the
1419 moneys generated by Arabian horse registration fees received
1420 pursuant to s. 570.382 may be used as provided in paragraph
1421 (5)(b) of that section.
1422 Section 39. Paragraphs (b) and (c) of subsection (2) of
1423 section 550.2633, Florida Statutes, are amended to read:
1424 550.2633 Horseracing; distribution of abandoned interest in
1425 or contributions to pari-mutuel pools.—
1426 (2) All moneys or other property which has escheated to and
1427 become the property of the state as provided herein and which is
1428 held by a permitholder authorized to conduct pari-mutuel pools
1429 in this state shall be paid annually by the permitholder to the
1430 recipient designated in this subsection within 60 days after the
1431 close of the race meeting of the permitholder. Section 550.1645
1432 notwithstanding, the moneys shall be paid by the permitholder as
1433 follows:
1434 (b) Except as provided in paragraph (c), Funds from quarter
1435 horse races shall be paid to the Florida Quarter Horse Breeders
1436 and Owners Association and shall be allocated solely for
1437 supplementing and augmenting purses and prizes and for the
1438 general promotion of owning and breeding of racing quarter
1439 horses in this state, as provided for in s. 550.2625.
1440 (c) Funds for Arabian horse races conducted under a quarter
1441 horse racing permit shall be deposited into the General
1442 Inspection Trust Fund in a special account to be known as the
1443 “Florida Arabian Horse Racing Promotion Account” and shall be
1444 used for the payment of breeders’ awards and stallion awards as
1445 provided for in s. 570.382.
1446 Section 40. In order to effectuate the repeal of s. 570.97,
1447 Florida Statutes, and to honor the wishes of the donor, for the
1448 2013-2014 fiscal year, the sum of $59,239 in nonrecurring funds
1449 is appropriated to the Department of Agriculture and Consumer
1450 Services in the expenses appropriation category for deposit in
1451 the General Inspection Trust Fund to be used by the Division of
1452 Animal Industry for disbursement to Florida Animal Friend, Inc.
1453 Section 41. This act shall take effect upon becoming a law.