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.
  132  Be It Enacted by the Legislature of the State of Florida:
  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  
  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 
  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   
  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      
  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.
  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.
  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.
  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         595.405 570.981Program 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         595.406 570.981Florida 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.