Florida Senate - 2013 CS for CS for SB 1628
By the Committees on Appropriations; and Agriculture; and
Senator Montford
576-04671A-13 20131628c2
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 253.034, F.S.;
4 requiring public hearings relating to the development
5 of land management plans to be held in any one, rather
6 than each, county affected by such plans; amending s.
7 259.1052, F.S.; providing for Lee County to retain
8 ownership and assume responsibility for management of
9 a specified portion of the Babcock Crescent B Ranch
10 Florida Forever acquisition; requiring certain
11 activities on the property to be compatible with
12 working ranch and agricultural activities;
13 establishing the Department of Agriculture and
14 Consumer Services as the lead agency responsible for
15 managing the Babcock Crescent B Ranch; amending s.
16 259.10521, F.S.; replacing the term “Babcock Crescent
17 B Ranch” with the term “Babcock Ranch Preserve” for
18 limited purposes; amending s. 259.1053, F.S.; deleting
19 and revising provisions of the Babcock Ranch Preserve
20 Act to conform to the termination or expiration of the
21 management agreement and the dissolution of Babcock
22 Ranch, Inc.; revising definitions; creating the
23 Babcock Ranch Advisory Group; providing for the
24 department to manage and operate the preserve;
25 requiring certain fees to be deposited into the
26 Incidental Trust Fund of the Florida Forest Service of
27 the Department of Agriculture and Consumer Services,
28 subject to appropriation; directing the Fish and
29 Wildlife Conservation Commission, in cooperation with
30 the department, to establish, implement, and
31 administer certain activities and fees; requiring such
32 fees to be deposited into the State Game Trust Fund of
33 the Fish and Wildlife Conservation Commission and used
34 for specified purposes; authorizing the Board of
35 Trustees of the Internal Improvement Trust Fund to
36 negotiate and enter into certain agreements and grant
37 certain privileges, leases, concessions, and permits;
38 providing for certain funds to revert to the
39 Incidental Trust Fund of the Florida Forest Service
40 upon dissolution of Babcock Ranch, Inc.; providing a
41 date for dissolution of the Babcock Ranch Advisory
42 Group, subject to Legislative reenactment; amending s.
43 388.261, F.S.; revising provisions for the
44 distribution and use of state funds for local mosquito
45 control programs; amending s. 388.271, F.S.; revising
46 the date by which mosquito control districts must
47 submit their certified budgets for approval by the
48 department; amending s. 487.160, F.S.; deleting
49 provisions requiring the department to conduct a
50 survey and compile a report on restricted-use
51 pesticides; amending s. 534.083, F.S.; deleting
52 permitting requirements for livestock haulers;
53 amending s. 570.07, F.S.; clarifying the authority of
54 the department to regulate certain open burning;
55 creating s. 570.087, F.S.; providing legislative
56 findings; requiring the Department of Agriculture and
57 Consumer Services to enter into a memorandum of
58 agreement with the Fish and Wildlife Conservation
59 Commission for the purpose of developing voluntary
60 best management practices for this state’s
61 agricultural industry; allowing for pilot projects;
62 providing that the department has rulemaking authority
63 for these purposes; requiring that rules provide for a
64 notice of intent to implement these practices;
65 emphasizing that implementation of the best management
66 practices created pursuant to this section is
67 voluntary; restricting the adoption or enforcement of
68 any law regarding the best management practices
69 created pursuant to this section; creating s. 570.64,
70 F.S.; establishing the duties of the Division of Food,
71 Nutrition, and Wellness within the department;
72 providing for a director of the division; amending s.
73 570.902, F.S.; clarifying the applicability of
74 definitions relating to certain designated programs
75 and direct-support organizations; amending s. 570.903,
76 F.S.; authorizing the department to establish direct
77 support organizations for museums and other programs
78 of the department; deleting provisions that limit the
79 establishment of direct-support organizations to
80 particular museums and programs; deleting provisions
81 authorizing direct-support organizations to enter into
82 certain contracts or agreements; clarifying provisions
83 prohibiting specified entities from receiving
84 commissions, fees, or financial benefits in connection
85 with the sale or exchange of real property and
86 historical objects; providing for the termination of
87 agreements between the department and direct-support
88 organizations; providing for the distribution of
89 certain assets; deleting provisions requiring the
90 department to establish certain procedures relating to
91 museum artifacts and records; amending s. 576.051,
92 F.S.; authorizing the department to establish certain
93 criteria for fertilizer sampling and analysis;
94 amending s. 576.061, F.S.; requiring the department to
95 adopt rules establishing certain investigational
96 allowances for fertilizer deficiencies; providing a
97 date by which such allowances are effective and other
98 allowances are repealed; amending s. 576.181, F.S.;
99 revising the department’s authority to adopt rules
100 establishing certain criteria for fertilizer analysis;
101 amending s. 585.61, F.S.; deleting provisions for the
102 establishment of an animal disease diagnostic
103 laboratory in Suwannee County; amending s. 586.10,
104 F.S.; authorizing apiary inspectors to be certified
105 beekeepers under certain conditions; amending s.
106 586.15, F.S.; authorizing the Department of
107 Agriculture and Consumer Services to collect certain
108 costs to be deposited into the General Inspection
109 Trust Fund; amending s. 589.02, F.S.; deleting annual
110 and special meeting requirements for the Florida
111 Forestry Council; amending s. 589.19, F.S.;
112 establishing the Operation Outdoor Freedom Program
113 within the Florida Forest Service to replace
114 provisions for the designation of specified hunt areas
115 in state forests for wounded veterans and
116 servicemembers; providing purpose and intent of the
117 program; providing eligibility requirements for
118 program participation; providing exceptions from
119 eligibility requirements for certain activities;
120 providing for deposit and use of funds donated to the
121 program; limiting the liability of private landowners
122 who provide land for designation as hunting sites for
123 purposes of the program; amending s. 589.30, F.S.;
124 revising references to certain Florida Forest Service
125 personnel titles; amending s. 590.02, F.S.;
126 authorizing the Florida Forest Service to allow
127 certain types of burning; specifying that sovereign
128 immunity applies to certain planning level activities;
129 deleting provisions relating to the composition and
130 duties of the Florida Forest Training Center advisory
131 council; prohibiting government entities from banning
132 certain types of burning; authorizing the service to
133 delegate authority to special districts to manage
134 certain types of burning; revising such authority
135 delegated to counties and municipalities; amending s.
136 590.11, F.S.; revising the prohibition on leaving
137 certain recreational fires unattended, to which
138 penalties apply; amending s. 590.125, F.S.; revising
139 and providing definitions relating to open burning
140 authorized by the Florida Forest Service; revising
141 requirements for noncertified and certified burning;
142 limiting the liability of the service and certain
143 persons related to certain burns; amending s. 590.25,
144 F.S.; revising provisions relating to criminal
145 penalties for obstructing the prevention, detection,
146 or suppression of wildfires; creating chapter 595,
147 F.S., to establish the Florida School Food and
148 Nutrition Act; creating s. 595.401, F.S.; providing a
149 short title; creating s. 595.402, F.S.; providing
150 definitions; creating s. 595.403, F.S.; declaring
151 state policy relating to school food and nutrition
152 services; transferring, renumbering, and amending ss.
153 570.98 and 570.981, F.S., relating to school food and
154 nutrition services and the Florida Farm Fresh Schools
155 Program; revising the department’s duties and
156 responsibilities for administering such services and
157 program; revising requirements for school districts
158 and sponsors; transferring, renumbering, and amending
159 s. 570.982, F.S., relating to the children′s summer
160 nutrition program; clarifying provisions; transferring
161 and renumbering s. 570.072, F.S., relating to
162 commodity distribution; creating s. 595.501, F.S.;
163 providing certain penalties; transferring,
164 renumbering, and amending s. 570.983, F.S., relating
165 to the Food and Nutrition Services Trust Fund;
166 conforming a cross-reference; transferring and
167 renumbering s. 570.984, F.S., relating to the Healthy
168 Schools for Healthy Lives Council; amending s.
169 1001.42, F.S.; requiring district school boards to
170 perform duties relating to school lunch programs as
171 required by the department’s rules; amending s.
172 1003.453, F.S.; requiring each school district to
173 electronically submit a revised local school wellness
174 policy to the Department of Agriculture and Consumer
175 Services and a revised physical education policy to
176 the Department of Education; repealing ss. 487.0615,
177 570.382, 570.97, and 590.50, F.S., relating to the
178 Pesticide Review Council, Arabian horse racing and the
179 Arabian Horse Council, the Gertrude Maxwell Save a Pet
180 Direct-Support Organization, and permits for the sale
181 of cypress products, respectively; amending ss.
182 487.041, 550.2625, and 550.2633, F.S.; conforming
183 provisions; providing for the disbursement of
184 specified funds; providing an effective date.
185
186 Be It Enacted by the Legislature of the State of Florida:
187
188 Section 1. Paragraph (f) of subsection (5) of section
189 253.034, Florida Statutes, is amended to read:
190 253.034 State-owned lands; uses.—
191 (5) Each manager of conservation lands shall submit to the
192 Division of State Lands a land management plan at least every 10
193 years in a form and manner prescribed by rule by the board and
194 in accordance with the provisions of s. 259.032. Each manager of
195 conservation lands shall also update a land management plan
196 whenever the manager proposes to add new facilities or make
197 substantive land use or management changes that were not
198 addressed in the approved plan, or within 1 year of the addition
199 of significant new lands. Each manager of nonconservation lands
200 shall submit to the Division of State Lands a land use plan at
201 least every 10 years in a form and manner prescribed by rule by
202 the board. The division shall review each plan for compliance
203 with the requirements of this subsection and the requirements of
204 the rules established by the board pursuant to this section. All
205 land use plans, whether for single-use or multiple-use
206 properties, shall include an analysis of the property to
207 determine if any significant natural or cultural resources are
208 located on the property. Such resources include archaeological
209 and historic sites, state and federally listed plant and animal
210 species, and imperiled natural communities and unique natural
211 features. If such resources occur on the property, the manager
212 shall consult with the Division of State Lands and other
213 appropriate agencies to develop management strategies to protect
214 such resources. Land use plans shall also provide for the
215 control of invasive nonnative plants and conservation of soil
216 and water resources, including a description of how the manager
217 plans to control and prevent soil erosion and soil or water
218 contamination. Land use plans submitted by a manager shall
219 include reference to appropriate statutory authority for such
220 use or uses and shall conform to the appropriate policies and
221 guidelines of the state land management plan. Plans for managed
222 areas larger than 1,000 acres shall contain an analysis of the
223 multiple-use potential of the property, which analysis shall
224 include the potential of the property to generate revenues to
225 enhance the management of the property. Additionally, the plan
226 shall contain an analysis of the potential use of private land
227 managers to facilitate the restoration or management of these
228 lands. In those cases where a newly acquired property has a
229 valid conservation plan that was developed by a soil and
230 conservation district, such plan shall be used to guide
231 management of the property until a formal land use plan is
232 completed.
233 (f) In developing land management plans, at least one
234 public hearing shall be held in any one each affected county.
235 Section 2. Subsections (3), (4), and (5) of section
236 259.1052, Florida Statutes, are amended to read:
237 259.1052 Babcock Crescent B Ranch Florida Forever
238 acquisition; conditions for purchase.—
239 (3) The Legislature recognizes that the acquisition of the
240 state’s portion of the Babcock Crescent B Ranch represents a
241 unique opportunity to assist in preserving the largest private
242 and undeveloped single-ownership tract of land in Charlotte
243 County. The Legislature further recognizes Lee County as a
244 partner in the acquisition of the ranch. Upon the termination or
245 expiration of the management agreement, Lee County will retain
246 ownership and assume responsibility for management of the Lee
247 County portion of the acquisition. Lee County and the lead
248 manager may enter into an agreement for management of the Lee
249 County property.
250 (4) This section authorizes the acquisition of the state’s
251 portion of the Babcock Crescent B Ranch in order to protect and
252 preserve for future generations the scientific, scenic,
253 historic, and natural values of the ranch, including rivers and
254 ecosystems; to protect and preserve the archaeological,
255 geological, and cultural resources of the ranch; to provide for
256 species recovery; and to provide opportunities for public
257 recreation compatible with the working ranch and agricultural
258 activities conducted on the property.
259 (5) The Florida Forest Service of Fish and Wildlife
260 Conservation Commission and the Department of Agriculture and
261 Consumer Services shall, with the cooperation of the Fish and
262 Wildlife Conservation Commission, be the lead managing agency
263 agencies responsible for the management of Babcock Crescent B
264 Ranch.
265 Section 3. Subsection (1), paragraph (a) of subsection (2),
266 and paragraph (a) of subsection (3) of section 259.10521,
267 Florida Statutes, are amended to read:
268 259.10521 Citizen support organization; use of property.—
269 (1) DEFINITIONS.—For the purpose of this section, the
270 “citizen support organization” means an organization that is:
271 (a) A Florida corporation not for profit incorporated under
272 the provisions of chapter 617 and approved by the Department of
273 State;
274 (b) Organized and operated to conduct programs and
275 activities in the best interest of the state; raise funds;
276 request and receive grants, gifts, and bequests of money;
277 acquire, receive, hold, invest, and administer, in its own name,
278 securities, funds, objects of value, or other property, real or
279 personal; and make expenditures to or for the direct or indirect
280 benefit of the Babcock Crescent B Ranch Preserve;
281 (c) Determined by the Fish and Wildlife Conservation
282 Commission and the Florida Forest Service within the Department
283 of Agriculture and Consumer Services to be consistent with the
284 goals of the state in acquiring the ranch and in the best
285 interests of the state; and
286 (d) Approved in writing by the Fish and Wildlife
287 Conservation Commission and the Florida Forest Service to
288 operate for the direct or indirect benefit of the ranch and in
289 the best interest of the state. Such approval shall be given in
290 a letter of agreement from the Fish and Wildlife Conservation
291 Commission and the Florida Forest Service. Only one citizen
292 support organization may be created to operate for the direct or
293 indirect benefit of the Babcock Crescent B Ranch Preserve.
294 (2) USE OF PROPERTY.—
295 (a) The Fish and Wildlife Conservation Commission and the
296 Florida Forest Service may permit, without charge, appropriate
297 use of fixed property and facilities of the Babcock Crescent B
298 Ranch Preserve by a citizen support organization, subject to the
299 provisions of this section. Such use must be directly in keeping
300 with the approved purposes of the citizen support organization
301 and may not be made at times or places that would unreasonably
302 interfere with recreational opportunities for the general
303 public.
304 (3) PARTNERSHIPS.—
305 (a) The Legislature recognizes that the Babcock Crescent B
306 Ranch Preserve will need a variety of facilities to enhance its
307 public use and potential. Such facilities include, but are not
308 limited to, improved access, camping areas, picnic shelters,
309 management facilities, and environmental education facilities.
310 The need for such facilities may exceed the ability of the state
311 to provide such facilities in a timely manner with moneys
312 available. The Legislature finds it to be in the public interest
313 to provide incentives for partnerships with private
314 organizations with the intent of producing additional revenue to
315 help enhance the use and potential of the ranch.
316 Section 4. Section 259.1053, Florida Statutes, is amended
317 to read:
318 259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.;
319 creation; membership; organization; meetings.—
320 (1) SHORT TITLE.—This section may be cited as the “Babcock
321 Ranch Preserve Act.”
322 (2) DEFINITIONS.—As used in this section, the term:
323 (a) “Babcock Ranch Preserve” and “preserve” mean the lands
324 and facilities acquired in the purchase of the Babcock Crescent
325 B Ranch, as provided in s. 259.1052.
326 (b) “Babcock Ranch, Inc.,” and “corporation” mean the not
327 for-profit corporation created under this section to operate and
328 manage the Babcock Ranch Preserve as a working ranch.
329 (c) “Board of directors” means the governing board of the
330 not-for-profit corporation created under this section.
331 (b)(d) “Commission” means the Fish and Wildlife
332 Conservation Commission.
333 (c)(e) “Commissioner” means the Commissioner of
334 Agriculture.
335 (d)(f) “Department” means the Department of Agriculture and
336 Consumer Services.
337 (e)(g) “Executive director” means the Executive Director of
338 the Fish and Wildlife Conservation Commission.
339 (f)(h) “Financially self-sustaining” means having
340 management and operation expenditures not more than the revenues
341 collected from fees and other receipts for resource use and
342 development and from interest and invested funds.
343 (g) “Florida Forest Service” means the Florida Forest
344 Service of the Department of Agriculture and Consumer Services.
345 (i) “Management and operating expenditures” means expenses
346 of the corporation, including, but not limited to, salaries and
347 benefits of officers and staff, administrative and operating
348 expenses, costs of improvements to and maintenance of lands and
349 facilities of the Babcock Ranch Preserve, and other similar
350 expenses. Such expenditures shall be made from revenues
351 generated from the operation of the ranch and not from funds
352 appropriated by the Legislature except as provided in this
353 section.
354 (j) “Member” means a person appointed to the board of
355 directors of the not-for-profit corporation created under this
356 section.
357 (h)(k) “Multiple use” means the management of all of the
358 renewable surface resources of the Babcock Ranch Preserve to
359 best meet the needs of the public, including the use of the land
360 for some or all of the renewable surface resources or related
361 services over areas large enough to allow for periodic
362 adjustments in use to conform to the changing needs and
363 conditions of the preserve while recognizing that a portion of
364 the land will be used for some of the renewable surface
365 resources available on that land. The goal of multiple use is
366 the harmonious and coordinated management of the renewable
367 surface resources without impairing the productivity of the land
368 and considering the relative value of the renewable surface
369 resources, and not necessarily a combination of uses to provide
370 the greatest monetary return or the greatest unit output.
371 (i)(l) “Sustained yield of the renewable surface resources”
372 means the achievement and maintenance of a high level of annual
373 or regular periodic output of the various renewable surface
374 resources of the preserve without impairing the productivity of
375 the land.
376 (3) CREATION OF BABCOCK RANCH PRESERVE.—
377 (a) Upon the date of acquisition of the Babcock Crescent B
378 Ranch, there is created the Babcock Ranch Preserve, which shall
379 be managed in accordance with the purposes and requirements of
380 this section.
381 (b) The preserve is established to protect and preserve the
382 environmental, agricultural, scientific, scenic, geologic,
383 watershed, fish, wildlife, historic, cultural, and recreational
384 values of the preserve, and to provide for the multiple use and
385 sustained yield of the renewable surface resources within the
386 preserve consistent with this section.
387 (c) Babcock Ranch, Inc., and its officers and employees
388 shall participate in the management of the Babcock Ranch
389 Preserve in an advisory capacity only until the management
390 agreement referenced in paragraph (11)(a) is terminated or
391 expires.
392 (c)(d) Nothing in This section does not shall preclude
393 Babcock Ranch, Inc., prior to assuming management and operation
394 of the preserve and thereafter, from allowing the use of common
395 varieties of mineral materials such as sand, stone, and gravel
396 for construction and maintenance of roads and facilities within
397 the preserve.
398 (d)(e) Nothing in This section does not affect shall be
399 construed as affecting the constitutional responsibilities of
400 the commission in the exercise of its regulatory and executive
401 power with respect to wild animal life and freshwater aquatic
402 life, including the regulation of hunting, fishing, and trapping
403 within the preserve.
404 (e)(f) Nothing in This section does not shall be construed
405 to interfere with or prevent the implementation of ability of
406 Babcock Ranch, Inc., to implement agricultural practices
407 authorized by the agricultural land use designations established
408 in the local comprehensive plans of either Charlotte County or
409 Lee County as those plans apply to the Babcock Ranch Preserve.
410 (g) To clarify the responsibilities of the lead managing
411 agencies and the not-for-profit corporation created under this
412 section, the lead managing agencies are directed to establish a
413 range of resource protection values for the Babcock Ranch
414 Preserve, and the corporation shall establish operational
415 parameters to conduct the business of the ranch within the range
416 of values. The corporation shall establish a range of
417 operational values for conducting the business of the ranch, and
418 the lead managing agencies providing ground support to the ranch
419 outside of each agency’s jurisdictional responsibilities shall
420 establish management parameters within that range of values.
421 (f)(h) Nothing in This section does not shall preclude the
422 maintenance and use of roads and trails or the relocation of
423 roads in existence on the effective date of this section, or the
424 construction, maintenance, and use of new trails, or any
425 motorized access necessary for the administration of the land
426 contained within the preserve, including motorized access
427 necessary for emergencies involving the health or safety of
428 persons within the preserve.
429 (i) The Division of State Lands of the Department of
430 Environmental Protection shall perform staff duties and
431 functions for Babcock Ranch, Inc., the not-for-profit
432 corporation created under this section, until such time as the
433 corporation organizes to elect officers, file articles of
434 incorporation, and exercise its powers and duties.
435 (4) CREATION OF BABCOCK RANCH ADVISORY GROUP, INC.—
436 (a) The purpose of the Babcock Ranch Advisory Group is to
437 assist the department by providing guidance and advice
438 concerning the management and stewardship of the Babcock Ranch
439 Preserve.
440 (b) The commissioner shall, with advice from the Governor
441 and Cabinet, the Fish and Wildlife Conservation Commission, and
442 Charlotte and Lee Counties, appoint nine members to 5-year terms
443 as follows:
444 1. One member who has experience in sustainable management
445 of forest lands for commodity purposes.
446 2. One member who has experience in financial management,
447 budget and program analysis, and small business operations.
448 3. One member who has experience in the management of game
449 and nongame wildlife and fish populations, including hunting,
450 fishing, and other recreational activities.
451 4. One member who has experience in domesticated livestock
452 management, production, and marketing, including range
453 management and livestock business management.
454 5. One member who has experience in agriculture operations
455 or forestry management.
456 6. One member who has experience in hunting, fishing,
457 nongame species management, or wildlife habitat management,
458 restoration, and conservation.
459 7. One member who has experience in public outreach and
460 education.
461 8. One member who is a resident of Lee County, to be
462 appointed by the Lee County Board of County Commissioners.
463 9. One member who is a resident of Charlotte County and
464 active in an organization involved with the activities of the
465 ranch.
466
467 Vacancies will be filled in the same manner that the original
468 appointment was made. A member appointed to fill a vacancy shall
469 serve for the remainder of that term.
470 (c) Members of the Babcock Ranch Advisory Group shall:
471 1. Elect a chair and vice chair from among the group
472 members.
473 2. Meet regularly as determined by the chair.
474 3. Serve without compensation, but with reimbursement for
475 travel and per diem expenses.
476 (a) Subject to filing articles of incorporation, there is
477 created a not-for-profit corporation, to be known as Babcock
478 Ranch, Inc., which shall be registered, incorporated, organized,
479 and operated in compliance with the provisions of chapter 617,
480 and which shall not be a unit or entity of state government. For
481 purposes of sovereign immunity, the corporation shall be a
482 corporation primarily acting as an instrumentality of the state
483 but otherwise shall not be an agency within the meaning of s.
484 20.03(11) or a unit or entity of state government.
485 (b) The corporation is organized on a nonstock basis and
486 shall operate in a manner consistent with its public purpose and
487 in the best interest of the state.
488 (c) Meetings and records of the corporation, its directors,
489 advisory committees, or similar groups created by the
490 corporation, including any not-for-profit subsidiaries, are
491 subject to the public records provisions of chapter 119 and the
492 public meetings and records provisions of s. 286.011.
493 (5) APPLICABILITY OF SECTION.—In any conflict between a
494 provision of this section and a provision of chapter 617, the
495 provisions of this section shall prevail.
496 (6) PURPOSE.—The purpose of Babcock Ranch, Inc., is to
497 provide management and administrative services for the preserve,
498 to establish and implement management policies that will achieve
499 the purposes and requirements of this section, to cooperate with
500 state agencies to further the purposes of the preserve, and to
501 establish the administrative and accounting procedures for the
502 operation of the corporation.
503 (7) BOARD; MEMBERSHIP; REMOVAL; LIABILITY.—The corporation
504 shall be governed by a nine-member board of directors who shall
505 be appointed by the Board of Trustees of the Internal
506 Improvement Trust Fund; the executive director of the
507 commission; the Commissioner of Agriculture; the Babcock Florida
508 Company, a corporation registered to do business in the state,
509 or its successors or assigns; the Charlotte County Board of
510 County Commissioners; and the Lee County Board of County
511 Commissioners in the following manner:
512 (a)1. The Board of Trustees of the Internal Improvement
513 Trust Fund shall appoint four members. One appointee shall have
514 expertise in domesticated livestock management, production, and
515 marketing, including range management and livestock business
516 management. One appointee shall have expertise in the management
517 of game and nongame wildlife and fish populations, including
518 hunting, fishing, and other recreational activities. One
519 appointee shall have expertise in the sustainable management of
520 forest lands for commodity purposes. One appointee shall have
521 expertise in financial management, budget and program analysis,
522 and small business operations.
523 2. The executive director shall appoint one member with
524 expertise in hunting; fishing; nongame species management; or
525 wildlife habitat management, restoration, and conservation.
526 3. The commissioner shall appoint one member with expertise
527 in agricultural operations or forestry management.
528 4. The Babcock Florida Company, or its successors or
529 assigns, shall appoint one member with expertise in the
530 activities and management of the Babcock Ranch on the date of
531 acquisition of the ranch by the state as provided under s.
532 259.1052. This appointee shall serve on the board of directors
533 only until the termination of or expiration of the management
534 agreement attached as Exhibit “E” to that certain Agreement for
535 Sale and Purchase approved by the Board of Trustees of the
536 Internal Improvement Trust Fund on November 22, 2005, and by Lee
537 County, a political subdivision of the state, on November 20,
538 2005. Upon termination of or expiration of the management
539 agreement, the person serving as the head of the property
540 owners’ association, if any, required to be created under the
541 agreement for sale and purchase shall serve as a member of the
542 board of directors of Babcock Ranch, Inc.
543 5. The Charlotte County Board of County Commissioners shall
544 appoint one member who shall be a resident of the county and who
545 shall be active in an organization concerned with the activities
546 of the ranch.
547 6. The Lee County Board of County Commissioners shall
548 appoint one member who shall be a resident of the county and who
549 shall have experience in land conservation and management. This
550 appointee, or a successor appointee, shall serve as a member of
551 the board of directors so long as the county participates in the
552 state land management plan.
553 (b) All members of the board of directors shall be
554 appointed no later than 90 days following the initial
555 acquisition of the Babcock Ranch by the state, and:
556 1. Four members initially appointed by the Board of
557 Trustees of the Internal Improvement Trust Fund shall each serve
558 a 4-year term.
559 2. The remaining initial five appointees shall each serve a
560 2-year term.
561 3. Each member appointed thereafter shall serve a 4-year
562 term.
563 4. A vacancy shall be filled in the same manner in which
564 the original appointment was made, and a member appointed to
565 fill a vacancy shall serve for the remainder of that term.
566 5. No member may serve more than 8 years in consecutive
567 terms.
568 (c) With the exception of the Babcock Florida Company
569 appointee, no member may be an officer, director, or shareholder
570 in any entity that contracts with or receives funds from the
571 corporation or its subsidiaries.
572 (d) No member shall vote in an official capacity upon any
573 measure that would inure to his or her special private gain or
574 loss, that he or she knows would inure to the special private
575 gain or loss of any principal by whom he or she is retained or
576 to the parent organization or subsidiary of a principal by which
577 he or she is retained, or that he or she knows would inure to
578 the special private gain or loss of a relative or business
579 associate of the member. Such member shall, prior to the vote
580 being taken, publicly state the nature of his or her interest in
581 the matter from which he or she is abstaining from voting and,
582 no later than 15 days following the date the vote occurs, shall
583 disclose the nature of his or her interest as a public record in
584 a memorandum filed with the person responsible for recording the
585 minutes of the meeting, who shall incorporate the memorandum in
586 the minutes of the meeting.
587 (e) Each member of the board of directors is accountable
588 for the proper performance of the duties of office, and each
589 member owes a fiduciary duty to the people of the state to
590 ensure that funds provided in furtherance of this section are
591 disbursed and used as prescribed by law and contract. Any
592 official appointing a member may remove that member for
593 malfeasance, misfeasance, neglect of duty, incompetence,
594 permanent inability to perform official duties, unexcused
595 absence from three consecutive meetings of the board, arrest or
596 indictment for a crime that is a felony or misdemeanor involving
597 theft or a crime of dishonesty, or pleading nolo contendere to,
598 or being found guilty of, any crime.
599 (f) Each member of the board of directors shall serve
600 without compensation, but shall receive travel and per diem
601 expenses as provided in s. 112.061 while in the performance of
602 his or her duties.
603 (g) No appointee shall be an employee of any governmental
604 entity.
605 (8) ORGANIZATION; MEETINGS.—
606 (a)1. The board of directors shall annually elect a
607 chairperson and a vice chairperson from among the board’s
608 members. The members may, by a vote of five of the nine board
609 members, remove a member from the position of chairperson or
610 vice chairperson prior to the expiration of his or her term as
611 chairperson or vice chairperson. His or her successor shall be
612 elected to serve for the balance of the removed chairperson’s or
613 vice chairperson’s term.
614 2. The chairperson shall ensure that records are kept of
615 the proceedings of the board of directors, and is the custodian
616 of all books, documents, and papers filed with the board, the
617 minutes of meetings of the board, and the official seal of the
618 corporation.
619 (b)1. The board of directors shall meet upon the call of
620 the chairperson at least 3 times per year in Charlotte County or
621 in Lee County.
622 2. A majority of the members of the board of directors
623 constitutes a quorum. Except as otherwise provided in this
624 section, the board of directors may take official action by a
625 majority of the members present at any meeting at which a quorum
626 is present. Members may not vote by proxy.
627 (9) POWERS AND DUTIES.—
628 (a) The board of directors shall adopt articles of
629 incorporation and bylaws necessary to govern its activities. The
630 adopted articles of incorporation and bylaws must be approved by
631 the Board of Trustees of the Internal Improvement Trust Fund
632 prior to filing with the Department of State.
633 (b) The board of directors shall review and approve any
634 management plan developed pursuant to ss. 253.034 and 259.032
635 for the management of lands in the preserve prior to the
636 submission of that plan to the Board of Trustees of the Internal
637 Improvement Trust Fund for approval and implementation.
638 (c)1. Except for the constitutional powers of the
639 commission as provided in s. 9, Art. IV of the State
640 Constitution, the board of directors shall have all necessary
641 and proper powers for the exercise of the authority vested in
642 the corporation, including, but not limited to, the power to
643 solicit and accept donations of funds, property, supplies, or
644 services from individuals, foundations, corporations, and other
645 public or private entities for the purposes of this section. All
646 funds received by the corporation shall be deposited into the
647 operating fund authorized under this section unless otherwise
648 directed by the Legislature.
649 2. The board of directors may not increase the number of
650 its members.
651 3. Except as necessary to manage and operate the preserve
652 as a working ranch, the corporation may not purchase, take,
653 receive, lease, take by gift, devise, or bequest, or otherwise
654 acquire, own, hold, improve, use, or otherwise deal in and with
655 real property, or any interest therein, wherever situated.
656 4. The corporation may not sell, convey, mortgage, pledge,
657 lease, exchange, transfer, or otherwise dispose of any real
658 property.
659 5. The corporation may not purchase, take, receive,
660 subscribe for, or otherwise acquire, own, hold, vote, use,
661 employ, sell, mortgage, lend, pledge, or otherwise dispose of or
662 otherwise use and deal in and with, shares and other interests
663 in, or obligations of, other domestic or foreign corporations,
664 whether for profit or not for profit, associations,
665 partnerships, or individuals, or direct or indirect obligations
666 of the United States, or any other government, state, territory,
667 government district, municipality, or any instrumentality
668 thereof.
669 6. The corporation may not lend money for its corporate
670 purposes, invest and reinvest its funds, or take and hold real
671 and personal property as security for the payment of funds lent
672 or invested.
673 7. The corporation may not merge with other corporations or
674 other business entities.
675 8. The corporation may not enter into any contract, lease,
676 or other agreement related to the use of ground or surface
677 waters located in, on, or through the preserve without the
678 consent of the Board of Trustees of the Internal Improvement
679 Trust Fund and permits that may be required by the Department of
680 Environmental Protection or the appropriate water management
681 district under chapters 373 and 403.
682 9. The corporation may not grant any easements in, on, or
683 across the preserve. Any easements to be granted for the use of,
684 access to, or ingress and egress across state property within
685 the preserve must be executed by the Board of Trustees of the
686 Internal Improvement Trust Fund as the owners of the state
687 property within the preserve. Any easements to be granted for
688 the use of, access to, or ingress and egress across property
689 within the preserve titled in the name of a local government
690 must be granted by the governing body of that local government.
691 10. The corporation may not enter into any contract, lease,
692 or other agreement related to the use and occupancy of the
693 property within the preserve for a period greater than 10 years.
694 (d) The members may, with the written approval of the
695 commission and in consultation with the department, designate
696 hunting, fishing, and trapping zones and may establish
697 additional periods when no hunting, fishing, or trapping shall
698 be permitted for reasons of public safety, administration, and
699 the protection and enhancement of nongame habitat and nongame
700 species, as defined under s. 379.101.
701 (e) The corporation shall have the sole and exclusive right
702 to use the words “Babcock Ranch, Inc.,” and any seal, emblem, or
703 other insignia adopted by the members. Without the express
704 written authority of the corporation, no person may use the
705 words “Babcock Ranch, Inc.,” as the name under which that person
706 conducts or purports to conduct business, for the purpose of
707 trade or advertisement, or in any manner that may suggest any
708 connection with the corporation.
709 (f) The corporation may from time to time appoint advisory
710 committees to further any part of this section. The advisory
711 committees shall be reflective of the expertise necessary for
712 the particular function for which the committee is created, and
713 may include public agencies, private entities, and not-for
714 profit conservation and agricultural representatives.
715 (g) State laws governing the procurement of commodities and
716 services by state agencies, as provided in s. 287.057, shall
717 apply to the corporation.
718 (h) The corporation and its subsidiaries must provide equal
719 employment opportunities for all persons regardless of race,
720 color, religion, gender, national origin, age, handicap, or
721 marital status.
722 (10) OPERATING FUND, ANNUAL BUDGET, AUDIT, REPORTING
723 REQUIREMENTS.—
724 (a) The board of directors may establish and manage an
725 operating fund to address the corporation’s unique cash-flow
726 needs and to facilitate the management and operation of the
727 preserve as a working ranch.
728 (b) The board of directors shall provide for an annual
729 financial audit of the corporate accounts and records to be
730 conducted by an independent certified public accountant in
731 accordance with rules adopted by the Auditor General under s.
732 11.45(8). The audit report shall be submitted no later than 3
733 months following the end of the fiscal year to the Auditor
734 General, the President of the Senate, the Speaker of the House
735 of Representatives, and the appropriate substantive and fiscal
736 committees of the Legislature. The Auditor General, the Office
737 of Program Policy Analysis and Government Accountability, and
738 the substantive or fiscal committees of the Legislature to which
739 legislation affecting the Babcock Ranch Preserve may be referred
740 shall have the authority to require and receive from the
741 corporation or from the independent auditor any records relative
742 to the operation of the corporation.
743 (c) Not later than January 15 of each year, Babcock Ranch,
744 Inc., shall submit to the Board of Trustees of the Internal
745 Improvement Trust Fund, the President of the Senate, the Speaker
746 of the House of Representatives, the department, and the
747 commission a comprehensive and detailed report of its
748 operations, activities, and accomplishments for the prior year,
749 including information on the status of the ecological, cultural,
750 and financial resources being managed by the corporation, and
751 benefits provided by the preserve to local communities. The
752 report shall also include a section describing the corporation’s
753 goals for the current year.
754 (d) The board of directors shall prepare an annual budget
755 with the goal of achieving a financially self-sustaining
756 operation within 15 full fiscal years after the initial
757 acquisition of the Babcock Ranch by the state. The department
758 shall provide necessary assistance, including details as
759 necessary, to the corporation for the timely formulation and
760 submission of an annual legislative budget request for
761 appropriations, if any, to support the administration,
762 operation, and maintenance of the preserve. A request for
763 appropriations shall be submitted to the department and shall be
764 included in the department’s annual legislative budget request.
765 Requests for appropriations shall be submitted to the department
766 in time to allow the department to meet the requirements of s.
767 216.023. The department may not deny a request or refuse to
768 include in its annual legislative budget submission a request
769 from the corporation for an appropriation.
770 (e) Notwithstanding any other provision of law, all moneys
771 received from donations or from management of the preserve shall
772 be retained by the corporation in the operating fund and shall
773 be available, without further appropriation, for the
774 administration, preservation, restoration, operation and
775 maintenance, improvements, repairs, and related expenses
776 incurred with respect to properties being managed by the
777 corporation. Except as provided in this section, moneys received
778 by the corporation for the management of the preserve shall not
779 be subject to distribution by the state. Upon assuming
780 management responsibilities for the preserve, the corporation
781 shall optimize the generation of income based on existing
782 marketing conditions to the extent that activities do not
783 unreasonably diminish the long-term environmental, agricultural,
784 scenic, and natural values of the preserve, or the multiple-use
785 and sustained-yield capability of the land.
786 (f) All parties in contract with the corporation and all
787 holders of leases from the corporation which are authorized to
788 occupy, use, or develop properties under the management
789 jurisdiction of the corporation must procure proper insurance as
790 is reasonable or customary to insure against any loss in
791 connection with the properties or with activities authorized in
792 the leases or contracts.
793 (11) COMPREHENSIVE BUSINESS PLAN.—
794 (a) A comprehensive business plan for the management and
795 operation of the preserve as a working ranch and amendments to
796 the business plan may be developed only with input from the
797 department and the commission, and may be implemented by Babcock
798 Ranch, Inc., only upon expiration of the management agreement
799 attached as Exhibit “E” to that certain agreement for sale and
800 purchase approved by the Board of Trustees of the Internal
801 Improvement Trust Fund on November 22, 2005, and by Lee County
802 on November 20, 2005.
803 (b) Any final decision of Babcock Ranch, Inc., to adopt or
804 amend the comprehensive business plan or to approve any activity
805 related to the management of the renewable surface resources of
806 the preserve shall be made in sessions that are open to the
807 public. The board of directors shall establish procedures for
808 providing adequate public information and opportunities for
809 public comment on the proposed comprehensive business plan for
810 the preserve or for amendments to the comprehensive business
811 plan adopted by the members.
812 (c) Not less than 2 years prior to the corporation’s
813 assuming management and operation responsibilities for the
814 preserve, the corporation, with input from the commission and
815 the department, must begin developing the comprehensive business
816 plan to carry out the purposes of this section. To the extent
817 consistent with these purposes, the comprehensive business plan
818 shall provide for:
819 1. The management and operation of the preserve as a
820 working ranch;
821 2. The protection and preservation of the environmental,
822 agricultural, scientific, scenic, geologic, watershed, fish,
823 wildlife, historic, cultural, and recreational values of the
824 preserve;
825 3. The promotion of high-quality hunting experiences for
826 the public, with emphasis on deer, turkey, and other game
827 species;
828 4. Multiple use and sustained yield of renewable surface
829 resources within the preserve;
830 5. Public use of and access to the preserve for recreation;
831 and
832 6. The use of renewable resources and management
833 alternatives that, to the extent practicable, benefit local
834 communities and small businesses and enhance the coordination of
835 management objectives with those on surrounding public or
836 private lands. The use of renewable resources and management
837 alternatives should provide cost savings to the corporation
838 through the exchange of services, including, but not limited to,
839 labor and maintenance of facilities, for resources or services
840 provided to the corporation.
841 (d) On or before the date on which title to the portion of
842 the Babcock Crescent B Ranch being purchased by the state as
843 provided in s. 259.1052 is vested in the Board of Trustees of
844 the Internal Improvement Trust Fund, Babcock Ranch Management,
845 LLC, a limited liability company incorporated in this state,
846 shall provide the commission and the department with the
847 management plan and business plan in place for the operation of
848 the ranch as of November 22, 2005, the date on which the board
849 of trustees approved the purchase.
850 (5)(12) MANAGEMENT OF PRESERVE; FEES.—
851 (a) The department corporation shall assume all authority
852 provided by this section to manage and operate the preserve as a
853 working ranch upon the termination or expiration of the
854 management agreement attached as Exhibit “E” to that certain
855 Agreement for Sale and Purchase approved by the Board of
856 Trustees of the Internal Improvement Trust Fund on November 22,
857 2005, and by Lee County on November 20, 2005 a determination by
858 the Board of Trustees of the Internal Improvement Trust Fund
859 that the corporation is able to conduct business, and that
860 provision has been made for essential services on the preserve,
861 which, to the maximum extent practicable, shall be made no later
862 than 60 days prior to the termination of the management
863 agreement referenced in paragraph (11)(a).
864 (b) Upon assuming management and operation of the preserve,
865 the department corporation shall:
866 1. With input from the commission and the department,
867 Manage and operate the preserve and the uses thereof, including,
868 but not limited to, the activities necessary to administer and
869 operate the preserve as a working ranch; the activities
870 necessary for the preservation and development of the land and
871 renewable surface resources of the preserve; the activities
872 necessary for interpretation of the history of the preserve on
873 behalf of the public; the activities necessary for the
874 management, public use, and occupancy of facilities and lands
875 within the preserve; and the maintenance, rehabilitation,
876 repair, and improvement of property within the preserve.;
877 2. Develop programs and activities relating to the
878 management of the preserve as a working ranch.;
879 3. Negotiate directly with and enter into such agreements,
880 leases, contracts, and other arrangements with any person, firm,
881 association, organization, corporation, or governmental entity,
882 including entities of federal, state, and local governments, as
883 are necessary and appropriate to carry out the purposes and
884 activities authorized by this section;
885 3.4. Establish procedures for entering into lease
886 agreements and other agreements for the use and occupancy of the
887 facilities of the preserve. The procedures shall ensure
888 reasonable competition and set guidelines for determining
889 reasonable fees, terms, and conditions for such agreements.; and
890 4.5. Assess reasonable fees for admission to, use of, and
891 occupancy of the preserve to offset costs of operating the
892 preserve as a working ranch. These fees are independent of fees
893 assessed by the commission for the privilege of hunting,
894 fishing, or pursuing outdoor recreational activities within the
895 preserve, and shall be deposited into the Incidental Trust Fund
896 of the Florida Forest Service, subject to appropriation by the
897 Legislature operating fund established by the board of directors
898 under the authority provided under this section.
899 (c) The commission, in cooperation with the department,
900 shall:
901 1. Establish and implement public hunting and other fish
902 and wildlife management activities. Tier I and Tier II public
903 hunting opportunities shall be provided consistent with the
904 management plan and the recreation master plan.
905 a. Tier I public hunting shall provide hunting
906 opportunities similar to those offered on wildlife management
907 areas with an emphasis on youth and family-oriented hunts.
908 b. Tier II public hunting shall be provided specifically by
909 fee-based permitting to ensure compatibility with livestock
910 grazing and other essential agricultural operations on the
911 preserve.
912 2. Establish and administer permit fees for Tier II public
913 hunting to capitalize on the value of hunting on portions of the
914 preserve and to help ensure that the preserve is financially
915 self-sufficient. The fees shall be deposited into the State Game
916 Trust Fund of the Fish and Wildlife Conservation Commission to
917 be used to offset the costs of providing public hunting and to
918 support fish and wildlife management and other land management
919 activities on the preserve.
920 (d) The Board of Trustees of the Internal Improvement Trust
921 Fund or its designated agent may:
922 1. Negotiate directly with, and enter into such agreements,
923 leases, contracts, and other arrangements with, any person,
924 firm, association, organization, corporation, or governmental
925 entity, including entities of federal, state, and local
926 governments, as are necessary and appropriate to carry out the
927 purposes and activities authorized by this section.
928 2. Grant privileges, leases, concessions, and permits for
929 the use of land for the accommodation of visitors to the
930 preserve; however, natural curiosities or objects of interest
931 may not be granted, leased, or rented on terms that deny or
932 interfere with free access to them by the public. Such grants,
933 leases, and permits may be made and given without advertisement
934 or securing competitive bids. Such grants, leases, or permits
935 may not be assigned or transferred by any grantee without
936 consent of the Board of Trustees of the Internal Improvement
937 Trust Fund or its designated agent.
938 (13) MISCELLANEOUS PROVISIONS.—
939 (a) Except for the powers of the commissioner provided in
940 this section, and the powers of the commission provided in s. 9,
941 Art. IV of the State Constitution, the preserve shall be managed
942 by Babcock Ranch, Inc.
943 (b) Officers and employees of Babcock Ranch, Inc., are
944 private employees. At the request of the board of directors, the
945 commission and the department may provide state employees for
946 the purpose of implementing this section. Any state employees
947 provided to assist the directors in implementing this section
948 for more than 30 days shall be provided on a reimbursable basis.
949 Reimbursement to the commission and the department shall be made
950 from the corporation’s operating fund provided under this
951 section and not from any funds appropriated to the corporation
952 by the Legislature.
953 (6)(14) DISSOLUTION OF BABCOCK RANCH, INC., AND BABCOCK
954 RANCH ADVISORY GROUP.—
955 (a) The corporation may be dissolved only by an act of the
956 Legislature.
957 (b) Upon dissolution of the corporation, the management
958 responsibilities provided in this section shall revert to the
959 commission and the department unless otherwise provided by the
960 Legislature under the act dissolving Babcock Ranch, Inc.
961 (a)(c) Upon dissolution of Babcock Ranch, Inc. the
962 corporation, all of its statutory powers, duties, and functions;
963 records, personnel, and property; and unexpended balances of
964 appropriations, allocations, or other funds shall be transferred
965 to the Florida Department of Agriculture and Consumer Services,
966 unless otherwise provided by law. Any cash balances of funds
967 shall revert to the Incidental Trust Fund of the Florida Forest
968 Service General Revenue Fund or such other state fund as may be
969 provided under the act dissolving Babcock Ranch, Inc.
970 (b) The Babcock Ranch Advisory Group shall dissolve on June
971 30, 2018, unless reenacted by the Legislature.
972 Section 5. Subsection (2) of section 388.261, Florida
973 Statutes, is amended to read:
974 388.261 State aid to counties and districts for arthropod
975 control; distribution priorities and limitations.—
976 (2) Every county or district budgeting local funds to be
977 used exclusively for the control of mosquitoes and other
978 arthropods, under a plan submitted by the county or district and
979 approved by the department, is shall be eligible to receive
980 state funds and supplies, services, and equipment on a dollar
981 for-dollar matching basis to the amount of local funds budgeted.
982 If Should state funds appropriated by the Legislature are be
983 insufficient to grant each county or district state funds on a
984 dollar-for-dollar matching basis to the amount budgeted in local
985 funds, the department shall distribute the funds as prescribed
986 by rule. Such rules shall provide for up to 80 percent of the
987 funds to be distributed to programs with local funds for
988 mosquito control budgets of less than $1 million, if the county
989 or district meets the eligibility requirements. The funds shall
990 be distributed as equally as possible within the category of
991 counties pursuant to this section. The remaining funds shall be
992 distributed as prescribed by rule among the remaining counties
993 to support mosquito control and to support research, education,
994 and outreach prorate said state funds based on the amount of
995 matchable local funds budgeted for expenditure by each county or
996 district.
997 Section 6. Subsection (1) of section 388.271, Florida
998 Statutes, is amended to read:
999 388.271 Prerequisites to participation.—
1000 (1) When state funds are involved, it is the duty of the
1001 department to guide, review, approve, and coordinate the
1002 activities of all county governments and special districts
1003 receiving state funds in furtherance of the goal of integrated
1004 arthropod control. Each county or district eligible to
1005 participate hereunder may begin participation on October 1 of
1006 any year by filing with the department not later than July 15 a
1007 tentative work plan and tentative detailed work plan budget
1008 providing for the control of arthropods. Following approval of
1009 the plan and budget by the department, two copies of the
1010 county’s or district’s certified budget based on the approved
1011 work plan and detailed work plan budget shall be submitted to
1012 the department by not later than September 30 15 following.
1013 State funds, supplies, and services shall be made available to
1014 such county or district by and through the department
1015 immediately upon release of funds by the Executive Office of the
1016 Governor.
1017 Section 7. Section 487.160, Florida Statutes, is amended to
1018 read:
1019 487.160 Records; report.—Licensed private applicators
1020 supervising 15 or more unlicensed applicators or mixer-loaders
1021 and licensed public applicators and licensed commercial
1022 applicators shall maintain records as the department may
1023 determine by rule with respect to the application of restricted
1024 pesticides, including, but not limited to, the type and quantity
1025 of pesticide, method of application, crop treated, and dates and
1026 location of application. Other licensed private applicators
1027 shall maintain records as the department may determine by rule
1028 with respect to the date, type, and quantity of restricted-use
1029 pesticides used. Licensees shall keep records for a period of 2
1030 years from date of the application of the pesticide to which the
1031 records refer, and shall furnish to the department a copy of the
1032 records upon written request by the department. Every third
1033 year, the department shall conduct a survey and compile a report
1034 on restricted-use pesticides in this state. This report shall
1035 include, but not be limited to, types and quantities of
1036 pesticides, methods of application, crops treated, and dates and
1037 locations of application; records of persons working under
1038 direct supervision; and reports of misuse, damage, or injury.
1039 Section 8. Section 534.083, Florida Statutes, is amended to
1040 read:
1041 534.083 Livestock hauler’s permit; display of permit on
1042 vehicle; bill of lading.—
1043 (1) No person shall engage in the business of transporting
1044 or hauling for hire livestock on any street or highway, as
1045 defined in s. 316.003(53), without first having applied for and
1046 obtained from the department a permit which shall expire on
1047 December 31 of each year. The information supplied by the
1048 applicant on the application for permit shall be certified under
1049 oath. Cost of the permit shall be $5 for each year or fraction
1050 thereof.
1051 (2) The department shall issue a metal tag or plate to
1052 every person or company required to obtain a permit to transport
1053 or haul for hire livestock, which shall bear the serial number
1054 of the permit. Such a tag or plate shall be issued for each
1055 vehicle used by the hauler.
1056 (3) The metal tag or plate required under this section
1057 shall be attached to each vehicle used for transporting or
1058 hauling livestock in a conspicuous place in an upright position
1059 on the rear of the vehicle. When livestock is transported in a
1060 trailer type vehicle propelled or drawn by a motor truck or
1061 tractor, each such trailer shall have the tag or plate attached
1062 to the rear of the trailer in a conspicuous place in an upright
1063 position, and it shall not be necessary to have a tag attached
1064 to the motor truck or tractor.
1065 (4) Persons engaged in the business of transporting or
1066 hauling livestock in the state shall, upon receiving such
1067 livestock for transportation, issue a waybill or bill of lading
1068 for all livestock transported or hauled by them, and such
1069 waybill or bill of lading shall accompany the shipment of
1070 livestock, with a copy thereof being furnished to the person
1071 delivering livestock to the hauler. The waybill or bill of
1072 lading shall show the place of origin and destination of the
1073 shipment, the name of the owner of the livestock, date and time
1074 of loading, name of person or company hauling the livestock, and
1075 the number of animals and a general description thereof. The
1076 waybill or bill of lading shall be signed by the person
1077 delivering the livestock to the hauler certifying that the
1078 information contained thereon is correct.
1079 Section 9. Subsection (28) of section 570.07, Florida
1080 Statutes, is amended to read:
1081 570.07 Department of Agriculture and Consumer Services;
1082 functions, powers, and duties.—The department shall have and
1083 exercise the following functions, powers, and duties:
1084 (28) For purposes of pollution control and the prevention
1085 of wildfires, to regulate open burning connected with pile
1086 burning as defined in s. 590.125(1) land-clearing, agricultural,
1087 or forestry operations.
1088 Section 10. Section 570.087, Florida Statutes, is created
1089 to read:
1090 570.087 Best management practices for wildlife.—
1091 (1) LEGISLATIVE FINDINGS.—The Fish and Wildlife
1092 Conservation Commission and the Department of Agriculture and
1093 Consumer Services have long recognized that agriculture provides
1094 a valuable benefit to the conservation and management of fish
1095 and wildlife in this state and have agreed to enter into a
1096 memorandum of agreement to develop and adopt by rule voluntary
1097 best management practices for this state’s agriculture industry
1098 which reflect the industry’s existing contribution to the
1099 conservation and management of freshwater aquatic life and wild
1100 animal life in this state.
1101 (2) DEVELOPMENT.—The Department of Agriculture and Consumer
1102 Services shall enter into a memorandum of agreement with the
1103 Fish and Wildlife Conservation Commission for the purpose of
1104 developing the best management practices contemplated by this
1105 section and their application on agricultural lands within this
1106 state. This agreement may allow for selected pilot projects in
1107 an effort to facilitate development of best management
1108 practices.
1109 (3) ADOPTION OF RULES.—The Department of Agriculture and
1110 Consumer Services has rulemaking authority to adopt rules
1111 establishing the best management practices contemplated by this
1112 section for this state’s agricultural industry. Such rules must
1113 incorporate provisions for a notice of intent to implement the
1114 practices and a system to assure the implementation of the
1115 practices, including recordkeeping requirements.
1116 (4) VOLUNTARY IMPLEMENTATION.—Notwithstanding any law to
1117 the contrary, including s. 163.3162, the implementation of the
1118 best management practices contemplated by this section is
1119 voluntary. Except as specifically provided herein or in s. 9,
1120 Art. IV of the State Constitution, an agency, department, or
1121 district or any unit of local government may not adopt or
1122 enforce any ordinance, resolution, regulation, rule, or policy
1123 regarding the best management practices on land classified as
1124 agricultural land pursuant to s. 193.461.
1125 Section 11. Section 570.64, Florida Statutes, is created to
1126 read:
1127 570.64 Division of Food, Nutrition, and Wellness.—
1128 (1) The duties of the Division of Food, Nutrition, and
1129 Wellness include, but are not limited to, administering and
1130 enforcing the powers and responsibilities of the division
1131 prescribed in chapter 595 and the rules adopted thereunder.
1132 (2) The director of the division shall be appointed by, and
1133 serve at the pleasure of, the commissioner. The director shall
1134 supervise, direct, and coordinate activities of the division,
1135 exercise such powers and duties as authorized by the
1136 commissioner, enforce the provisions of chapter 595 and the
1137 rules adopted thereunder, and any other powers and duties as
1138 authorized by the department.
1139 Section 12. Section 570.902, Florida Statutes, is amended
1140 to read:
1141 570.902 Definitions; ss. 570.902 and 570.903.—For the
1142 purpose of this section ss. 570.902 and s. 570.903:
1143 (1) “Designated program” means the specific departmental
1144 program which a direct-support organization has been created to
1145 support.
1146 (2) “Direct-support organization” or “organization” means
1147 an organization which is a Florida corporation not for profit
1148 incorporated under the provisions of chapter 617 and approved by
1149 the department to operate for the benefit of a museum or a
1150 specific departmental program.
1151 (3) “Museum” means the Florida Agricultural Museum which is
1152 designated as the museum for agriculture and rural history of
1153 the State of Florida.
1154 Section 13. Section 570.903, Florida Statutes, is amended
1155 to read:
1156 570.903 Direct-support organization.—
1157 (1) The department may authorize When the Legislature
1158 authorizes the establishment of a direct-support organizations
1159 organization to provide assistance, funding, and promotional
1160 support for the museums, the Florida Agriculture in the
1161 Classroom Program, the Florida State Collection of Arthropods,
1162 the Friends of the Florida State Forests Program of the Florida
1163 Forest Service, the Forestry Arson Alert Program, and other
1164 programs of the department., The following provisions shall
1165 govern the creation, use, powers, and duties of the direct
1166 support organizations organization:
1167 (a) The department shall enter into a memorandum or letter
1168 of agreement with the direct-support organization, which shall
1169 specify the approval of the department, the powers and duties of
1170 the direct-support organization, and rules with which the
1171 direct-support organization must comply.
1172 (b) The department may authorize permit, without charge,
1173 appropriate use of property, facilities, and personnel of the
1174 department by the a direct-support organization, subject to ss.
1175 570.902 and 570.903. The use shall be for directly in keeping
1176 with the approved purposes of the direct-support organization
1177 and may not be made at times or places that would unreasonably
1178 interfere with opportunities for the general public to use
1179 department facilities for established purposes.
1180 (c) The department shall prescribe by agreement contract or
1181 by rule conditions with which the a direct-support organization
1182 must comply in order to use property, facilities, or personnel
1183 of the department or museum. Such conditions rules shall provide
1184 for budget and audit review and oversight by the department.
1185 (d) The department may not authorize permit the use of
1186 property, facilities, or personnel of the museum, department, or
1187 designated program by the a direct-support organization that
1188 does not provide equal employment opportunities to all persons
1189 regardless of race, color, religion, sex, age, or national
1190 origin.
1191 (2)(a) The direct-support organization may shall be
1192 empowered to conduct programs and activities; raise funds;
1193 request and receive grants, gifts, and bequests of money;
1194 acquire, receive, hold, invest, and administer, in its own name,
1195 securities, funds, objects of value, or other property, real or
1196 personal; and make expenditures to or for the direct or indirect
1197 benefit of the museum or designated program.
1198 (b) Notwithstanding the provisions of s. 287.057, the
1199 direct-support organization may enter into contracts or
1200 agreements with or without competitive bidding for the
1201 restoration of objects, historical buildings, and other
1202 historical materials or for the purchase of objects, historical
1203 buildings, and other historical materials which are to be added
1204 to the collections of the museum, or benefit the designated
1205 program. However, before the direct-support organization may
1206 enter into a contract or agreement without competitive bidding,
1207 the direct-support organization shall file a certification of
1208 conditions and circumstances with the internal auditor of the
1209 department justifying each contract or agreement.
1210 (b)(c) Notwithstanding the provisions of s. 287.025(1)(e),
1211 the direct-support organization may enter into contracts to
1212 insure property of the museum or designated programs and may
1213 insure objects or collections on loan from others in satisfying
1214 security terms of the lender.
1215 (3) The direct-support organization shall provide for an
1216 annual financial audit in accordance with s. 215.981.
1217 (4) A department employee, direct-support organization or
1218 museum employee, volunteer, or director, or Neither a designated
1219 program or a museum, nor a nonprofit corporation trustee or
1220 employee may not:
1221 (a) Receive a commission, fee, or financial benefit in
1222 connection with the sale or exchange of real or personal
1223 property or historical objects or properties to the direct
1224 support organization, the museum, or the designated program; or
1225 (b) Be a business associate of any individual, firm, or
1226 organization involved in the sale or exchange of real or
1227 personal property to the direct-support organization, the
1228 museum, or the designated program.
1229 (5) All moneys received by the direct-support organization
1230 shall be deposited into an account of the direct-support
1231 organization and shall be used by the organization in a manner
1232 consistent with the goals of the museum or designated program.
1233 (6) The identity of a donor or prospective donor who
1234 desires to remain anonymous and all information identifying such
1235 donor or prospective donor are confidential and exempt from the
1236 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1237 Constitution.
1238 (7) The Commissioner of Agriculture, or the commissioner’s
1239 designee, may serve on the board of trustees and the executive
1240 committee of any direct-support organization established to
1241 benefit the museum or any designated program.
1242 (8) The department may terminate its agreement with a
1243 direct-support organization at any time if the department
1244 determines that the direct-support organization no longer meets
1245 the objectives of this section The department shall establish by
1246 rule archival procedures relating to museum artifacts and
1247 records. The rules shall provide procedures which protect the
1248 museum’s artifacts and records equivalent to those procedures
1249 which have been established by the Department of State under
1250 chapters 257 and 267.
1251 (9) Upon termination of the direct-support organization,
1252 the assets of the direct-support organization shall be
1253 distributed pursuant to its articles of incorporation or by-laws
1254 or, if not provided for, to the department.
1255 Section 14. Subsection (3) of section 576.051, Florida
1256 Statutes, is amended to read:
1257 576.051 Inspection, sampling, analysis.—
1258 (3) The official analysis shall be made from the official
1259 sample. The department, before making the official analysis,
1260 shall take a sufficient portion from the official sample for
1261 check analysis and place that portion in a bottle sealed and
1262 identified by number, date, and the preparer’s initials. The
1263 official check sample shall be kept until the analysis of the
1264 official sample is completed. However, the licensee may obtain
1265 upon request a portion of the official check sample. Upon
1266 completion of the analysis of the official sample, a true copy
1267 of the fertilizer analysis report shall be mailed to the
1268 licensee of the fertilizer from whom the official sample was
1269 taken and to the dealer or agent, if any, and purchaser, if
1270 known. This fertilizer analysis report shall show all
1271 determinations of plant nutrient and pesticides. If the official
1272 analysis conforms with the provisions of this law, the official
1273 check sample may be destroyed. If the official analysis does not
1274 conform with the provisions of this law, the official check
1275 sample shall be retained for a period of 90 days from the date
1276 of the fertilizer analysis report of the official sample. If
1277 within that time the licensee of the fertilizer from whom the
1278 official sample was taken, upon receipt of the fertilizer
1279 analysis report, makes written demand for analysis of the
1280 official check sample by a referee chemist, a portion of the
1281 official check sample sufficient for analysis shall be sent to a
1282 referee chemist who is mutually acceptable to the department and
1283 the licensee for analysis at the expense of the licensee. The
1284 referee chemist, upon completion of the analysis, shall forward
1285 to the department and to the licensee a fertilizer analysis
1286 report bearing a proper identification mark or number; and the
1287 fertilizer analysis report shall be verified by an affidavit of
1288 the person making the analysis. If the results reported on the
1289 fertilizer analysis report agree within the matching criteria
1290 defined in department rule checks within three-tenths of 1
1291 actual percent with the department’s analysis on each element
1292 for which analysis was made, the mean average of the two
1293 analyses shall be accepted as final and binding on all
1294 concerned. However, if the referee’s fertilizer analysis report
1295 results do not agree within the matching criteria defined in
1296 department rule with shows a variation of greater than three
1297 tenths of 1 actual percent from the department’s analysis in any
1298 one or more elements for which an analysis was made, upon demand
1299 of either the department or the licensee from whom the official
1300 sample was taken, a portion of the official check sample
1301 sufficient for analysis shall be submitted to a second referee
1302 chemist who is mutually acceptable to the department and to the
1303 licensee from whom the official sample was taken, at the expense
1304 of the party or parties requesting the referee analysis. If no
1305 demand is made for an analysis by a second referee chemist, the
1306 department’s fertilizer analysis report shall be accepted as
1307 final and binding on all concerned. The second referee chemist,
1308 upon completion of the analysis, shall make a fertilizer
1309 analysis report as provided in this subsection for the first
1310 referee chemist. The mean average of the two analyses nearest in
1311 conformity to each other shall be accepted as final and binding
1312 on all concerned.
1313 Section 15. Subsection (1) of section 576.061, Florida
1314 Statutes, is amended to read:
1315 576.061 Plant nutrient investigational allowances,
1316 deficiencies, and penalties.—
1317 (1)(a) A commercial fertilizer is deemed deficient if the
1318 analysis of any nutrient is below the guarantee by an amount
1319 exceeding the investigational allowances.
1320 (b) The department shall adopt rules, which shall take
1321 effect on July 1, 2014, that establish the investigational
1322 allowances used to determine whether a fertilizer is deficient
1323 in plant food.
1324 (c) Until the rules described in paragraph (b) take effect,
1325 investigational allowances are set as follows:
1326 1.(a) Primary plant nutrients; investigational allowances.—
1327 GuaranteedPercent TotalNitrogenPercentAvailablePhosphatePercentPotashPercent
1328
1329 04 or less 0.49 0.67 0.41
1330 05 0.51 0.67 0.43
1331 06 0.52 0.67 0.47
1332 07 0.54 0.68 0.53
1333 08 0.55 0.68 0.60
1334 09 0.57 0.68 0.65
1335 10 0.58 0.69 0.70
1336 12 0.61 0.69 0.79
1337 14 0.63 0.70 0.87
1338 16 0.67 0.70 0.94
1339 18 0.70 0.71 1.01
1340 20 0.73 0.72 1.08
1341 22 0.75 0.72 1.15
1342 24 0.78 0.73 1.21
1343 26 0.81 0.73 1.27
1344 28 0.83 0.74 1.33
1345 30 0.86 0.75 1.39
1346 32 or more 0.88 0.76 1.44
1347 For guarantees not listed, calculate the appropriate value by
1348 interpolation.
1349 2.(b) Nitrogen investigational allowances.—
1350 Nitrogen Breakdown Investigational AllowancesPercent
1351
1352 Nitrate nitrogen 0.40
1353 Ammoniacal nitrogen 0.40
1354 Water soluble nitrogenor urea nitrogen 0.40
1355 Water insoluble nitrogen 0.30
1356 In no case may the investigational allowance exceed 50 percent
1357 of the amount guaranteed.
1358 3.(c) Secondary and micro plant nutrients, total or
1359 soluble.—
1360 Element Investigational Allowances Percent
1361
1362 Calcium 0.2 unit+5 percent of guarantee
1363 Magnesium 0.2 unit+5 percent of guarantee
1364 Sulfur (free and combined) 0.2 unit+5 percent of guarantee
1365 Boron 0.003 unit+15 percent of guarantee
1366 Cobalt 0.0001 unit+30 percent of guarantee
1367 Chlorine 0.005 unit+10 percent of guarantee
1368 Copper 0.005 unit+10 percent of guarantee
1369 Iron 0.005 unit+10 percent of guarantee
1370 Manganese 0.005 unit+10 percent of guarantee
1371 Molybdenum 0.0001 unit+30 percent of guarantee
1372 Sodium 0.005 unit+10 percent of guarantee
1373 Zinc 0.005 unit+10 percent of guarantee
1374 The maximum allowance for secondary and minor elements when
1375 calculated in accordance with this section is 1 unit (1
1376 percent). In no case, however, may the investigational allowance
1377 exceed 50 percent of the amount guaranteed.
1378 4.(d) Liming materials and gypsum.—
1379 Range Percent Investigational AllowancesPercent
1380
1381 0-10 0.30
1382 Over 10-25 0.40
1383 Over 25 0.50
1384 5.(e) Pesticides in fertilizer mixtures.—An investigational
1385 allowance of 25 percent of the guarantee shall be allowed on all
1386 pesticides when added to custom blend fertilizers.
1387
1388 This paragraph expires July 1, 2014.
1389 Section 16. Subsection (2) of section 576.181, Florida
1390 Statutes, is amended to read:
1391 576.181 Administration; rules; procedure.—
1392 (2) The department may adopt rules is authorized, by rule,
1393 to implement, make specific, and interpret the provisions of
1394 this chapter, and specifically to determine the composition and
1395 uses of fertilizer as defined in this chapter, including, but
1396 not limited to without limiting the foregoing general terms, the
1397 taking and handling of samples, the establishment of
1398 investigational allowances, deficiencies, matching criteria for
1399 referee analysis, and penalties where not specifically provided
1400 for in this chapter; to prohibit the sale or use in fertilizer
1401 of any material proven to be detrimental to agriculture, public
1402 health, or the environment, or of questionable value; to provide
1403 for the incorporation into fertilizer of such other substances
1404 as pesticides and proper labeling of such mixture; and to
1405 prescribe the information which shall appear on the label other
1406 than specifically set forth in this chapter.
1407 Section 17. Section 585.61, Florida Statutes, is amended to
1408 read:
1409 585.61 Animal disease diagnostic laboratory laboratories.—
1410 (1) There is hereby created and established an animal
1411 disease diagnostic laboratory in Osceola County and Suwannee
1412 County. The laboratory complex in Osceola County is designated
1413 as the “Bronson Animal Disease Diagnostic Laboratory.”
1414 (2) The construction and operation of all the laboratory
1415 laboratories established by this section shall be under the
1416 supervision and control of the department. It shall be the duty
1417 of the department to operate the laboratory these laboratories
1418 in an efficient manner so that any person who maintains animals
1419 in this state may obtain prompt reliable diagnosis of animal
1420 diseases, including any disease which may affect poultry eggs,
1421 in this state, and recommendations for the control and
1422 eradication of such diseases, to the end that diseases of
1423 animals may be reduced and controlled, and eradicated when
1424 possible.
1425 (3) Any person who maintains animals in the state may use
1426 the services of the laboratory laboratories under the terms of
1427 this section and the rules adopted for such use by the
1428 department. The department shall require any user of its
1429 services to pay a fee not to exceed $300 for any one of the
1430 services requested. All laboratory fees collected shall be
1431 deposited in the Animal Industry Diagnostic Laboratory Account
1432 within the General Inspection Trust Fund. The fees collected
1433 shall be used to improve the diagnostic laboratory services as
1434 provided for by the Legislature in the General Appropriations
1435 Act.
1436 Section 18. Paragraph (f) of subsection (3) of section
1437 586.10, Florida Statutes, is amended to read:
1438 586.10 Powers and duties of department; preemption of local
1439 government ordinances.—
1440 (3) The department may:
1441 (f) Inspect or cause to be inspected all apiaries in the
1442 state at such intervals as it may deem best and keep a complete,
1443 accurate, and current list of all inspected apiaries to include
1444 the:
1445 1. Name of the apiary.
1446 2. Name of the owner of the apiary.
1447 3. Mailing address of the apiary owner.
1448 4. Location of the apiary.
1449 5. Number of hives in the apiary.
1450 6. Pest problems associated with the apiary.
1451 7. Brands used by beekeepers where applicable.
1452
1453 Notwithstanding s. 112.313, an apiary inspector may be a
1454 certified beekeeper as long as the inspector does not inspect
1455 his or her own apiary.
1456 Section 19. Subsection (3) is added to section 586.15,
1457 Florida Statutes, to read:
1458 586.15 Penalty for violation.—
1459 (3) In addition to the penalties provided in this section
1460 and in chapter 500, the Department of Agriculture and Consumer
1461 Services may collect costs related to enforcing prohibitions
1462 against the adulteration or misbranding of honey. All costs
1463 shall be deposited into the General Inspection Trust Fund.
1464 Section 20. Section 589.02, Florida Statutes, is amended to
1465 read:
1466 589.02 Headquarters and meetings of council.—The official
1467 headquarters of the council shall be in Tallahassee, but it may
1468 hold meetings at such other places in the state as it may
1469 determine by resolutions or as may be selected by a majority of
1470 the members of the council in any call for a meeting. The annual
1471 meeting of the council shall be held on the first Monday in
1472 October of each year. Special meetings may be called at any time
1473 by the chair or upon the written request of a majority of the
1474 members. The council shall annually elect from its members a
1475 chair, a vice chair, and a secretary. The election shall be held
1476 at the annual meeting of the council. A majority of the members
1477 of the council shall constitute a quorum for such purposes.
1478 Section 21. Subsection (4) of section 589.19, Florida
1479 Statutes, is amended to read:
1480 589.19 Creation of certain state forests; naming of certain
1481 state forests; Operation Outdoor Freedom Program.—
1482 (4)(a) To honor the nation’s disabled veterans and injured
1483 active duty servicemembers, the Florida Forest Service shall
1484 coordinate efforts to develop an Operation Outdoor Freedom
1485 Program to provide hunting and other activities for eligible
1486 veterans and servicemembers in designated state forest areas and
1487 on designated public and private lands. The Legislature finds it
1488 to be in the public interest for the Florida Forest Service to
1489 develop partnerships with the Fish and Wildlife Conservation
1490 Commission and other public and private organizations in order
1491 to provide the needed resources and funding to make the program
1492 successful The Florida Forest Service shall designate one or
1493 more areas of state forests as an “Operation Outdoor Freedom
1494 Special Hunt Area” to honor wounded veterans and servicemembers.
1495 The purpose of such designated areas is to provide special
1496 outdoor recreational opportunities for eligible veterans and
1497 servicemembers.
1498 (b) Participation in the Operation Outdoor Freedom Program
1499 shall be limited to Florida residents, as defined in s.
1500 379.101(30)(b), The Florida Forest Service shall limit guest
1501 admittance to such designated areas to any person who:
1502 1. Are honorably discharged military veterans certified by
1503 the United States Department of Veterans Affairs or its
1504 predecessor or by any branch of the United States Armed Forces
1505 to be at least 30 percent permanently service-connected disabled
1506 Is an active duty member of any branch of the United States
1507 Armed Forces and has a combat-related injury as determined by
1508 his or her branch of the United States Armed Forces; or
1509 2. Have been awarded the Military Order of the Purple
1510 Heart; or Is a veteran who served during a period of wartime
1511 service as defined in s. 1.01(14) or peacetime service as
1512 defined in s. 296.02 and:
1513 a. Has a service-connected disability as determined by the
1514 United States Department of Veterans Affairs; or
1515 b. Was discharged or released from military service because
1516 of a disability acquired or aggravated while serving on active
1517 duty
1518 3. Are active duty servicemembers with a service-connected
1519 injury as determined by his or her branch of the United States
1520 Armed Forces.
1521
1522 Proof of eligibility under this subsection, as prescribed by the
1523 Florida Forest Service, may be required.
1524 (c) Notwithstanding the eligibility requirements for
1525 program participation in paragraph (b), guided or unguided
1526 invitation-only activities may be conducted as part of the
1527 Operation Outdoor Freedom Program for injured or disabled
1528 veterans and injured or disabled active duty servicemembers of
1529 any branch of the United States Armed Forces in designated state
1530 forest areas and on designated public and private lands. The
1531 Florida Forest Service may grant admittance to such designated
1532 areas and lands to a person who is not an eligible veteran or
1533 servicemember for the sole purpose purposes of accompanying an
1534 eligible veteran or servicemember who requires the person’s
1535 assistance to use such designated areas and lands.
1536 (d) The Florida Forest Service may cooperate with state and
1537 federal agencies, local governments, private landowners, and
1538 other entities in connection with the Operation Outdoor Freedom
1539 Program. Donations to the Operation Outdoor Freedom Program
1540 Funding required for specialized accommodations shall be
1541 deposited into the account of provided through the Friends of
1542 Florida State Forests Program created under s. 589.012 and used
1543 for Operation Outdoor Freedom Program activities.
1544 (e)1. A private landowner who provides land for designation
1545 and use as an Operation Outdoor Freedom Program hunting site
1546 shall have limited liability pursuant to s. 375.251.
1547 2. A private landowner who consents to the designation and
1548 use of land as part of the Operation Outdoor Freedom Program
1549 without compensation shall be considered a volunteer, as defined
1550 in s. 110.501, and shall be covered by state liability
1551 protection pursuant to s. 768.28, including s. 768.28(9).
1552 3. This subsection does not:
1553 a. Relieve any person of liability that would otherwise
1554 exist for deliberate, willful, or malicious injury to persons or
1555 property.
1556 b. Create or increase the liability of any person.
1557 (f) The Legislature shall designate the second Saturday of
1558 each November as Operation Outdoor Freedom Day.
1559 (g)(e) The Florida Forest Service may adopt rules to
1560 administer this subsection.
1561 Section 22. Section 589.30, Florida Statutes, is amended to
1562 read:
1563 589.30 Duty of district or center manager forester.—It
1564 shall be the duty of the district or center manager forester to
1565 direct all work in accordance with the law and regulations of
1566 the Florida Forest Service; gather and disseminate information
1567 in the management of commercial timber, including establishment,
1568 protection and utilization; and assist in the development and
1569 use of forest lands for outdoor recreation, watershed
1570 protection, and wildlife habitat. The district or center manager
1571 forester or his or her representative shall provide
1572 encouragement and technical assistance to individuals and urban
1573 and county officials in the planning, establishment, and
1574 management of trees and plant associations to enhance the beauty
1575 of the urban and suburban environment and meet outdoor
1576 recreational needs.
1577 Section 23. Subsections (1), (2), (3), (7), and (10) of
1578 section 590.02, Florida Statutes, are amended to read:
1579 590.02 Florida Forest Service; powers, authority, and
1580 duties; liability; building structures; Florida Center for
1581 Wildfire and Forest Resources Management Training.—
1582 (1) The Florida Forest Service has the following powers,
1583 authority, and duties:
1584 (a) To enforce the provisions of this chapter;
1585 (b) To prevent, detect, and suppress, and extinguish
1586 wildfires wherever they may occur on public or private land in
1587 this state and to do all things necessary in the exercise of
1588 such powers, authority, and duties;
1589 (c) To provide firefighting crews, who shall be under the
1590 control and direction of the Florida Forest Service and its
1591 designated agents;
1592 (d) To appoint center managers, forest area supervisors,
1593 forestry program administrators, a forest protection bureau
1594 chief, a forest protection assistant bureau chief, a field
1595 operations bureau chief, deputy chiefs of field operations,
1596 district managers, forest operations administrators, senior
1597 forest rangers, investigators, forest rangers, firefighter
1598 rotorcraft pilots, and other employees who may, at the Florida
1599 Forest Service’s discretion, be certified as forestry
1600 firefighters pursuant to s. 633.35(4). Other provisions of law
1601 notwithstanding, center managers, district managers, forest
1602 protection assistant bureau chief, and deputy chiefs of field
1603 operations shall have Selected Exempt Service status in the
1604 state personnel designation;
1605 (e) To develop a training curriculum for forestry
1606 firefighters which must contain the basic volunteer structural
1607 fire training course approved by the Florida State Fire College
1608 of the Division of State Fire Marshal and a minimum of 250 hours
1609 of wildfire training;
1610 (f) To make rules to accomplish the purposes of this
1611 chapter;
1612 (g) To provide fire management services and emergency
1613 response assistance and to set and charge reasonable fees for
1614 performance of those services. Moneys collected from such fees
1615 shall be deposited into the Incidental Trust Fund of the Florida
1616 Forest Service; and
1617 (h) To require all state, regional, and local government
1618 agencies operating aircraft in the vicinity of an ongoing
1619 wildfire to operate in compliance with the applicable state
1620 Wildfire Aviation Plan; and
1621 (i) To authorize broadcast burning, prescribed burning,
1622 pile burning, and land clearing debris burning to carry out the
1623 duties of this chapter and the rules adopted thereunder.
1624 (2) The Florida Forest Service’s employees, and the
1625 firefighting crews under their control and direction, may enter
1626 upon any lands for the purpose of preventing, detecting, and
1627 suppressing wildfires and investigating smoke complaints or open
1628 burning not in compliance with authorization and to enforce the
1629 provisions of this chapter.
1630 (3) Employees of the Florida Forest Service and of federal,
1631 state, and local agencies, and all other persons and entities
1632 that are under contract or agreement with the Florida Forest
1633 Service to assist in firefighting operations as well as those
1634 entities, called upon by the Florida Forest Service to assist in
1635 firefighting may, in the performance of their duties, set
1636 counterfires, remove fences and other obstacles, dig trenches,
1637 cut firelines, use water from public and private sources, and
1638 carry on all other customary activities in the fighting of
1639 wildfires without incurring liability to any person or entity.
1640 The manner in which the Florida Forest Service monitors a
1641 smoldering wildfire, smoldering prescribed fire, or fights any
1642 wildfire are planning level activities for which sovereign
1643 immunity applies and is not waived.
1644 (7) The Florida Forest Service may organize, staff, equip,
1645 and operate the Florida Center for Wildfire and Forest Resources
1646 Management Training Center. The center shall serve as a site
1647 where fire and forest resource managers can obtain current
1648 knowledge, techniques, skills, and theory as they relate to
1649 their respective disciplines.
1650 (a) The center may establish cooperative efforts involving
1651 federal, state, and local entities; hire appropriate personnel;
1652 and engage others by contract or agreement with or without
1653 compensation to assist in carrying out the training and
1654 operations of the center.
1655 (b) The center shall provide wildfire suppression training
1656 opportunities for rural fire departments, volunteer fire
1657 departments, and other local fire response units.
1658 (c) The center will focus on curriculum related to, but not
1659 limited to, fuel reduction, an incident management system,
1660 prescribed burning certification, multiple-use land management,
1661 water quality, forest health, environmental education, and
1662 wildfire suppression training for structural firefighters.
1663 (d) The center may assess appropriate fees for food,
1664 lodging, travel, course materials, and supplies in order to meet
1665 its operational costs and may grant free meals, room, and
1666 scholarships to persons and other entities in exchange for
1667 instructional assistance.
1668 (e) An advisory committee consisting of the following
1669 individuals or their designees must review program curriculum,
1670 course content, and scheduling: the director of the Florida
1671 Forest Service; the assistant director of the Florida Forest
1672 Service; the director of the School of Forest Resources and
1673 Conservation of the University of Florida; the director of the
1674 Division of Recreation and Parks of the Department of
1675 Environmental Protection; the director of the Division of the
1676 State Fire Marshal; the director of the Florida Chapter of The
1677 Nature Conservancy; the executive vice president of the Florida
1678 Forestry Association; the president of the Florida Farm Bureau
1679 Federation; the executive director of the Fish and Wildlife
1680 Conservation Commission; the executive director of a water
1681 management district as appointed by the Commissioner of
1682 Agriculture; the supervisor of the National Forests in Florida;
1683 the president of the Florida Fire Chief’s Association; and the
1684 executive director of the Tall Timbers Research Station.
1685 (10)(a) Notwithstanding the provisions of s. 252.38, the
1686 Florida Forest Service has exclusive authority to require and
1687 issue authorizations for broadcast burning and agricultural and
1688 silvicultural pile burning. An agency, commission, department,
1689 county, municipality, or other political subdivision of the
1690 state may not adopt or enforce laws, regulations, rules, or
1691 policies pertaining to broadcast burning or agricultural and
1692 silvicultural pile burning unless an emergency order is declared
1693 in accordance with s. 252.38(3).
1694 (b) The Florida Forest Service may delegate to a county, or
1695 municipality, or special district its authority:,
1696 1. As delegated by the Department of Environmental
1697 Protection pursuant to ss. 403.061(28) and 403.081, to manage
1698 and enforce regulations pertaining to require and issue
1699 authorizations for the burning of yard trash and debris from
1700 land clearing operations in accordance with s. 590.125(6).
1701 2. To manage the open burning of land clearing debris in
1702 accordance with s. 590.125.
1703 Section 24. Subsection (1) of section 590.11, Florida
1704 Statutes, is amended to read:
1705 590.11 Recreational fires.—
1706 (1) It is unlawful for any individual or group of
1707 individuals to build a warming fire, bonfire, or campfire and
1708 leave it unattended while visible flame, smoke, or emissions
1709 exist unextinguished.
1710 Section 25. Subsections (1) and (2), paragraphs (b) and (c)
1711 of subsection (3), and paragraph (a) of subsection (4) of
1712 section 590.125, Florida Statutes, are amended to read:
1713 590.125 Open burning authorized by the Florida Forest
1714 Service.—
1715 (1) DEFINITIONS.—As used in this section, the term:
1716 (a) “Certified pile burner” means an individual who
1717 successfully completes the pile burning certification program of
1718 the Florida Forest Service and possesses a valid pile burner
1719 certification number.
1720 (b) “Certified pile burning” means a pile burn conducted in
1721 accordance with a written pile burning plan by a certified pile
1722 burner.
1723 (c)(b) “Certified prescribed burn manager” means an
1724 individual who successfully completes the certified prescribed
1725 burning program of the Florida Forest Service and possesses a
1726 valid certification number.
1727 (d) “Certified prescribed burning” means prescribed burning
1728 in accordance with a written prescription conducted by a
1729 certified prescribed burn manager.
1730 (e) “Contained” means that fire and smoldering exist
1731 entirely within established or natural firebreaks.
1732 (f)(c) “Completed” “Extinguished” means that for:
1733 1. Broadcast burning, no continued lateral movement of fire
1734 across the authorized area into entirely unburned fuels within
1735 the authorized area Wildland burning or certified prescribed
1736 burning, no spreading flames exist.
1737 2. Certified pile Vegetative land-clearing debris burning
1738 or pile burning, no visible flames exist.
1739 3. Certified pile Vegetative land-clearing debris burning
1740 or pile burning in an area designated as smoke sensitive by the
1741 Florida Forest Service, no visible flames, smoke, or emissions
1742 exist.
1743 (g) “Gross negligence” means conduct so reckless or wanting
1744 in care that it constitutes a conscious disregard or
1745 indifference to the life, safety, or rights of persons exposed
1746 to such conduct.
1747 (d) “Land-clearing operation” means the uprooting or
1748 clearing of vegetation in connection with the construction of
1749 buildings and rights-of-way, land development, and mineral
1750 operations. The term does not include the clearing of yard
1751 trash.
1752 (h)(e) “Pile burning” means the burning of silvicultural,
1753 agricultural, or land-clearing, or and tree-cutting debris
1754 originating onsite, which is stacked together in a round or
1755 linear fashion, including, but not limited to, a windrow. Pile
1756 burning authorized by the Florida Forest Service is a temporary
1757 procedure, which operates on the same site for 6 months or less.
1758 (i) “Pile burn plan” means a written plan establishing the
1759 method of conducting a certified pile burn.
1760 (j)(f) “Prescribed burning” means the controlled
1761 application of fire by broadcast burning in accordance with a
1762 written prescription for vegetative fuels under specified
1763 environmental conditions, while following appropriate
1764 precautionary measures to guard against the spread of fire
1765 beyond that ensure that the fire is confined to a predetermined
1766 area to accomplish the planned fire or land management
1767 objectives.
1768 (k)(g) “Prescription” means a written plan establishing the
1769 conditions and method for conducting criteria necessary for
1770 starting, controlling, and extinguishing a certified prescribed
1771 burn.
1772 (l) “Smoldering” means the continued consumption of fuels,
1773 which may emit flames and smoke, after a fire is contained.
1774 (m)(h) “Yard trash” means vegetative matter resulting from
1775 landscaping and yard maintenance operations and other such
1776 routine property cleanup activities. The term includes materials
1777 such as leaves, shrub trimmings, grass clippings, brush, and
1778 palm fronds.
1779 (2) NONCERTIFIED BURNING.—
1780 (a) Persons may be authorized to broadcast burn or pile
1781 burn wild land or vegetative land-clearing debris in accordance
1782 with this subsection if:
1783 1. There is specific consent of the landowner or his or her
1784 designee;
1785 2. Authorization has been obtained from the Florida Forest
1786 Service or its designated agent before starting the burn;
1787 3. There are adequate firebreaks at the burn site and
1788 sufficient personnel and firefighting equipment for the
1789 containment control of the fire;
1790 4. The fire remains within the boundary of the authorized
1791 area;
1792 5. The person named responsible in the burn authorization
1793 or a designee An authorized person is present at the burn site
1794 until the fire is completed extinguished;
1795 6. The Florida Forest Service does not cancel the
1796 authorization; and
1797 7. The Florida Forest Service determines that air quality
1798 and fire danger are favorable for safe burning.
1799 (b) A person who broadcast burns or pile burns wild land or
1800 vegetative land-clearing debris in a manner that violates any
1801 requirement of this subsection commits a misdemeanor of the
1802 second degree, punishable as provided in s. 775.082 or s.
1803 775.083.
1804 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
1805 PURPOSE.—
1806 (b) Certified prescribed burning pertains only to broadcast
1807 burning for purposes of silviculture, wildland fire hazard
1808 reduction, wildlife management, ecological maintenance and
1809 restoration, and agriculture range and pasture management. It
1810 must be conducted in accordance with this subsection and:
1811 1. May be accomplished only when a certified prescribed
1812 burn manager is present on site with a copy of the prescription
1813 and directly supervises the certified prescribed burn until the
1814 burn is completed, after which the certified prescribed burn
1815 manager is not required to be present from ignition of the burn
1816 to its completion.
1817 2. Requires that a written prescription be prepared before
1818 receiving authorization to burn from the Florida Forest Service.
1819 a. A new prescription or authorization is not required for
1820 smoldering that occurs within the authorized burn area unless
1821 new ignitions are conducted by the certified prescribed burn
1822 manager.
1823 b. Monitoring the smoldering activity of a certified
1824 prescribed burn does not require a prescription or an additional
1825 authorization even if flames begin to spread within the
1826 authorized burn area due to ongoing smoldering.
1827 3. Requires that the specific consent of the landowner or
1828 his or her designee be obtained before requesting an
1829 authorization.
1830 4. Requires that an authorization to burn be obtained from
1831 the Florida Forest Service before igniting the burn.
1832 5. Requires that there be adequate firebreaks at the burn
1833 site and sufficient personnel and firefighting equipment to
1834 contain for the control of the fire within the authorized burn
1835 area.
1836 a. Fire spreading outside the authorized burn area on the
1837 day of the certified prescribed burn ignition does not
1838 constitute conclusive proof of inadequate firebreaks,
1839 insufficient personnel, or a lack of firefighting equipment.
1840 b. If the certified prescribed burn is contained within the
1841 authorized burn area during the authorized period, a strong
1842 rebuttable presumption shall exist that adequate firebreaks,
1843 sufficient personnel, and sufficient firefighting equipment were
1844 present.
1845 c. Continued smoldering of a certified prescribed burn
1846 resulting in a subsequent wildfire does not by itself constitute
1847 evidence of gross negligence under this section.
1848 6. Is considered to be in the public interest and does not
1849 constitute a public or private nuisance when conducted under
1850 applicable state air pollution statutes and rules.
1851 7. Is considered to be a property right of the property
1852 owner if vegetative fuels are burned as required in this
1853 subsection.
1854 (c) Neither A property owner or leaseholder, nor his or her
1855 agent, contractor, or legally authorized designee is not liable
1856 pursuant to s. 590.13 for damage or injury caused by the fire,
1857 including the reignition of a smoldering, previously contained
1858 burn, or resulting smoke or considered to be in violation of
1859 subsection (2) for burns conducted in accordance with this
1860 subsection, unless gross negligence is proven. The Florida
1861 Forest Service is not liable for burns for which it issues
1862 authorizations.
1863 (4) CERTIFIED PILE BURNING.—
1864 (a) Certified pile burning pertains to the disposal of
1865 piled, naturally occurring debris from an agricultural,
1866 silvicultural, or temporary land-clearing, or tree cutting
1867 debris originating on site operation. A land-clearing operation
1868 is temporary if it operates for 6 months or less. Certified pile
1869 burning must be conducted in accordance with the following:
1870 1. A certified pile burner must ensure, before ignition,
1871 that the piles are properly placed and that the content of the
1872 piles is conducive to efficient burning.
1873 2. A certified pile burner must ensure that the authorized
1874 burn is completed piles are properly extinguished no later than
1875 1 hour after sunset. If the burn is conducted in an area
1876 designated by the Florida Forest Service as smoke sensitive, a
1877 certified pile burner must ensure that the authorized burn is
1878 completed piles are properly extinguished at least 1 hour before
1879 sunset.
1880 3. A written pile burning plan must be prepared before
1881 receiving authorization from the Florida Forest Service to burn
1882 and must be on site and available for inspection by a department
1883 representative.
1884 4. The specific consent of the landowner or his or her
1885 agent must be obtained before requesting authorization to burn.
1886 5. An authorization to burn must be obtained from the
1887 Florida Forest Service or its designated agent before igniting
1888 the burn.
1889 6. There must be adequate firebreaks and sufficient
1890 personnel and firefighting equipment at the burn site to contain
1891 the burn to the piles authorized control the fire.
1892 Section 26. Section 590.25, Florida Statutes, is amended to
1893 read:
1894 590.25 Penalty for preventing or obstructing the
1895 prevention, detection, or suppression extinguishment of
1896 wildfires.—Whoever interferes shall interfere with, obstructs
1897 obstruct or commits commit any act aimed to obstruct the
1898 prevention, detection, or suppression extinguishment of
1899 wildfires by the employees of the Florida Forest Service or any
1900 other person engaged in the prevention, detection, or
1901 suppression extinguishment of a wildfire, or who damages or
1902 destroys any equipment being used for such purpose, commits
1903 shall be guilty of a felony of the third degree, punishable as
1904 provided in s. 775.082, s. 775.083, or s. 775.084.
1905 Section 27. Chapter 595, Florida Statutes, is created,
1906 shall consist of sections 595.401-595.701, Florida Statutes, and
1907 shall be entitled “School Food and Nutrition Services.”
1908 Section 28. Section 595.401, Florida Statutes, is created
1909 to read:
1910 595.401 Short title.—This chapter may be cited as the
1911 “Florida School Food and Nutrition Act.”
1912 Section 29. Section 595.402, Florida Statutes, is created
1913 to read:
1914 595.402 Definitions.—As used in this chapter, the term:
1915 (1) “Commissioner” means the Commissioner of Agriculture.
1916 (2) “Department” means the Department of Agriculture and
1917 Consumer Services.
1918 (3) “Program” means any one or more of the school food and
1919 nutrition service programs that the department has
1920 responsibility over including, but not limited to, the National
1921 School Lunch Program, the Special Milk Program, the School
1922 Breakfast Program, the Summer Food Service Program, the Fresh
1923 Fruit and Vegetable Program, and any other program that relates
1924 to school nutrition.
1925 (4) “School district” means any of the 67 county school
1926 districts, including the respective district school board.
1927 (5) “Sponsor” means any entity that is conducting a program
1928 under a current agreement with the department.
1929 Section 30. Section 595.403, Florida Statutes, is created
1930 to read:
1931 595.403 State policy.—The Legislature, in recognition of
1932 the demonstrated relationship between good nutrition and the
1933 capacity of students to develop and learn, declares that it is
1934 the policy of the state to provide standards for school food and
1935 nutrition services and to require each school district to
1936 establish and maintain an appropriate school food and nutrition
1937 service program consistent with the nutritional needs of
1938 students. To implement that policy, the state shall provide
1939 funds to meet the state National School Lunch Act matching
1940 requirements. The funds provided shall be distributed in such a
1941 manner as to comply with the requirements of the National School
1942 Lunch Act.
1943 Section 31. Section 570.98, Florida Statutes, is
1944 transferred, renumbered as section 595.404, Florida Statutes,
1945 and amended to read:
1946 595.404 570.98 School food and nutrition service program;
1947 powers and duties of the department programs.—
1948 (1) The department has the following powers and duties:
1949 shall
1950 (1) To conduct, supervise, and administer the program all
1951 school food and nutrition programs that will be carried out
1952 using federal or state funds, or funds from any other source.
1953 (2) To fully The department shall cooperate fully with the
1954 United States Government and its agencies and instrumentalities
1955 so that the department may receive the benefit of all federal
1956 financial allotments and assistance possible to carry out the
1957 purposes of this chapter.
1958 (3) To implement and adopt by rule, as required, federal
1959 regulations to maximize federal assistance for the program. The
1960 department may
1961 (4) To act as agent of, or contract with, the Federal
1962 Government, another state agency, or any county or municipal
1963 government, or sponsor for the administration of the program
1964 school food and nutrition programs, including the distribution
1965 of funds provided by the Federal Government to support the
1966 program school food and nutrition programs.
1967 (5) To make a reasonable effort to ensure that any school
1968 designated as a “severe need school” receives the highest rate
1969 of reimbursement to which it is entitled under 42 U.S.C. s. 1773
1970 for each breakfast meal served.
1971 (6) To develop and propose legislation necessary to
1972 implement the program, encourage the development of innovative
1973 school food and nutrition services, and expand participation in
1974 the program.
1975 (7) To annually allocate among the sponsors, as applicable,
1976 funds provided from the school breakfast supplement in the
1977 General Appropriations Act based on each district’s total number
1978 of free and reduced-price breakfast meals served.
1979 (8) To employ such persons as are necessary to perform its
1980 duties under this chapter.
1981 (9) To adopt rules covering the administration, operation,
1982 and enforcement of the program as well as to implement the
1983 provisions of this chapter.
1984 (10) To adopt and implement an appeal process by rule, as
1985 required by federal regulations, for applicants and participants
1986 under the program, notwithstanding s. 120.569 and ss. 120.57
1987 120.595.
1988 (11) To assist, train, and review each sponsor in its
1989 implementation of the program.
1990 (12) To advance funds from the program’s annual
1991 appropriation to sponsors, when requested, in order to implement
1992 the provisions of this chapter and in accordance with federal
1993 regulations.
1994 Section 32. Subsections (1) through (5) of section 570.981,
1995 Florida Statutes, are transferred, renumbered as section
1996 595.405, Florida Statutes, and amended to read:
1997 595.405 570.981 Program requirements for school districts
1998 and sponsors food service programs.—
1999 (1) In recognition of the demonstrated relationship between
2000 good nutrition and the capacity of students to develop and
2001 learn, it is the policy of the state to provide standards for
2002 school food service and to require district school boards to
2003 establish and maintain an appropriate private school food
2004 service program consistent with the nutritional needs of
2005 students.
2006 (2) The department shall adopt rules covering the
2007 administration and operation of the school food service
2008 programs.
2009 (1)(3) Each school district school board shall consider the
2010 recommendations of the district school superintendent and adopt
2011 policies to provide for an appropriate food and nutrition
2012 service program for students consistent with federal law and
2013 department rules rule.
2014 (4) The state shall provide the state National School Lunch
2015 Act matching requirements. The funds provided shall be
2016 distributed in such a manner as to comply with the requirements
2017 of the National School Lunch Act.
2018 (2)(5)(a) Each school district school board shall implement
2019 school breakfast programs that make breakfast meals available to
2020 all students in each elementary school. Universal school
2021 breakfast programs shall be offered in schools in which 80
2022 percent or more of the students are eligible for free or
2023 reduced-price meals. Each school shall, to the maximum extent
2024 practicable, make breakfast meals available to students at an
2025 alternative site location, which may include, but need not be
2026 limited to, alternative breakfast options as described in
2027 publications of the Food and Nutrition Service of the United
2028 States Department of Agriculture for the federal School
2029 Breakfast Program.
2030 (3)(b) Each school district must annually set prices for
2031 breakfast meals at rates that, combined with federal
2032 reimbursements and state allocations, are sufficient to defray
2033 costs of school breakfast programs without requiring allocations
2034 from the district’s operating funds, except if the district
2035 school board approves lower rates.
2036 (4)(c) Each school district school board is encouraged to
2037 provide universal-free school breakfast meals to all students in
2038 each elementary, middle, and high school. Each school district
2039 school board shall approve or disapprove a policy, after
2040 receiving public testimony concerning the proposed policy at two
2041 or more regular meetings, which makes universal-free school
2042 breakfast meals available to all students in each elementary,
2043 middle, and high school in which 80 percent or more of the
2044 students are eligible for free or reduced-price meals.
2045 (5)(d) Each elementary, middle, and high school shall make
2046 a breakfast meal available if a student arrives at school on the
2047 school bus less than 15 minutes before the first bell rings and
2048 shall allow the student at least 15 minutes to eat the
2049 breakfast.
2050 (6)(e) Each school district shall annually provide to all
2051 students in each elementary, middle, and high school information
2052 prepared by the district’s food service administration regarding
2053 its school breakfast programs. The information shall be
2054 communicated through school announcements and written notices
2055 notice sent to all parents.
2056 (7)(f) A school district school board may operate a
2057 breakfast program providing for food preparation at the school
2058 site or in central locations with distribution to designated
2059 satellite schools or any combination thereof.
2060 (8) Each sponsor shall complete all corrective action plans
2061 required by the department or a federal agency to be in
2062 compliance with the program.
2063 (g) The commissioner shall make every reasonable effort to
2064 ensure that any school designated as a “severe need school”
2065 receives the highest rate of reimbursement to which it is
2066 entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
2067 (h) The department shall annually allocate among the school
2068 districts funds provided from the school breakfast supplement in
2069 the General Appropriations Act based on each district’s total
2070 number of free and reduced-price breakfast meals served.
2071 Section 33. Subsection (6) of section 570.981, Florida
2072 Statutes, is transferred, renumbered as section 595.406, Florida
2073 Statutes, and amended to read:
2074 595.406 570.981 Florida Farm Fresh Schools Program School
2075 food service programs.—
2076 (6) The Legislature, recognizing that school children need
2077 nutritious food not only for healthy physical and intellectual
2078 development but also to combat diseases related to poor
2079 nutrition and obesity, establishes the Florida Farm Fresh
2080 Schools Program within the department. The program shall comply
2081 with the regulations of the National School Lunch Program and
2082 require:
2083 (1)(a) In order to implement the Florida Farm Fresh Schools
2084 Program, the department shall to develop policies pertaining to
2085 school food services which encourage:
2086 (a)1. Sponsors School districts to buy fresh and high
2087 quality foods grown in this state when feasible.
2088 (b)2. Farmers in this state to sell their products to
2089 sponsors, school districts, and schools.
2090 (c)3. Sponsors School districts and schools to demonstrate
2091 a preference for competitively priced organic food products.
2092 (d)(b) Sponsors School districts and schools to make
2093 reasonable efforts to select foods based on a preference for
2094 those that have maximum nutritional content.
2095 (2)(c) The department shall to provide outreach, guidance,
2096 and training to sponsors school districts, schools, school food
2097 service directors, parent and teacher organizations, and
2098 students about the benefit benefits of fresh food products from
2099 farms in this state.
2100 Section 34. Section 570.982, Florida Statutes, is
2101 transferred, renumbered as section 595.407, Florida Statutes,
2102 and amended to read:
2103 595.407 570.982 Children′s summer nutrition program.—
2104 (1) This section may be cited as the “Ms. Willie Ann Glenn
2105 Act.”
2106 (2) Each school district school board shall develop a plan
2107 to sponsor a summer nutrition program to operate sites in the
2108 school district as follows:
2109 (a) Within 5 miles of at least one elementary school at
2110 which 50 percent or more of the students are eligible for free
2111 or reduced-price school meals and for the duration of 35
2112 consecutive days.; and
2113 (b) Except as operated pursuant to paragraph (a), Within 10
2114 miles of each elementary school at which 50 percent or more of
2115 the students are eligible for free or reduced-price school
2116 meals, except as operated pursuant to paragraph (a).
2117 (3)(a) A school district school board may be exempt from
2118 sponsoring a summer nutrition program pursuant to this section.
2119 A school district school board seeking such exemption must
2120 include the issue on an agenda at a regular or special school
2121 district school board meeting that is publicly noticed, provide
2122 residents an opportunity to participate in the discussion, and
2123 vote on whether to be exempt from this section. The school
2124 district school board shall notify the department commissioner
2125 within 10 days after it decides to become exempt from this
2126 section.
2127 (b) Each year, the school district school board shall
2128 reconsider its decision to be exempt from the provisions of this
2129 section and shall vote on whether to continue the exemption from
2130 sponsoring a summer nutrition program. The school district
2131 school board shall notify the department commissioner within 10
2132 days after each subsequent year’s decision to continue the
2133 exemption.
2134 (c) If a school district school board elects to be exempt
2135 from sponsoring a summer nutrition program under this section,
2136 the school district school board may encourage not-for-profit
2137 entities to sponsor the program. If a not-for-profit entity
2138 chooses to sponsor the summer nutrition program but fails to
2139 perform with regard to the program, the district school board,
2140 the school district, and the department are not required to
2141 continue the program and shall be held harmless from any
2142 liability arising from the discontinuation of the summer
2143 nutrition program.
2144 (4) The superintendent of schools may collaborate with
2145 municipal and county governmental agencies and private, not-for
2146 profit leaders in implementing the plan. Although schools have
2147 proven to be the optimal site for a summer nutrition program,
2148 any not-for-profit entity may serve as a site or sponsor. By
2149 April 15 of each year, each school district with a summer
2150 nutrition program shall report to the department the district’s
2151 summer nutrition program sites in compliance with this section.
2152 (5) The department shall provide to each school district
2153 school board by February 15 of each year a list of local
2154 organizations that have filed letters of intent to participate
2155 in the summer nutrition program in order that a school district
2156 may school board is able to determine how many sites are needed
2157 to serve the children and where to place each site.
2158 Section 35. Section 570.072, Florida Statutes, is
2159 transferred and renumbered as section 595.408, Florida Statutes.
2160 Section 36. Section 595.501, Florida Statutes, is created
2161 to read:
2162 595.501 Penalties.—Any person, sponsor, or school district
2163 that violates any provision of this chapter or any rule adopted
2164 thereunder or otherwise does not comply with the program is
2165 subject to a suspension or revocation of their agreement, loss
2166 of reimbursement, or a financial penalty in accordance with
2167 federal or state law or both. This section does not restrict the
2168 applicability of any other law.
2169 Section 37. Section 570.983, Florida Statutes, is
2170 transferred, renumbered as section 595.601, Florida Statutes,
2171 and amended to read:
2172 595.601 570.983 Food and Nutrition Services Trust Fund.
2173 Chapter 99-37, Laws of Florida, recreated the Food and Nutrition
2174 Services Trust Fund to record revenue and disbursements of
2175 Federal Food and Nutrition funds received by the department as
2176 authorized in s. 595.405 570.981.
2177 Section 38. Section 570.984, Florida Statutes, is
2178 transferred and renumbered as section 595.701, Florida Statutes,
2179 to read:
2180 595.701 570.984 Healthy Schools for Healthy Lives Council.—
2181 (1) There is created within the Department of Agriculture
2182 and Consumer Services the Healthy Schools for Healthy Lives
2183 Council, which shall consist of 11 members appointed by the
2184 Commissioner of Agriculture. The council shall advise the
2185 department on matters relating to nutritional standards and the
2186 prevention of childhood obesity, nutrition education,
2187 anaphylaxis, and other needs to further the development of the
2188 various school nutrition programs.
2189 (2) The meetings, powers, duties, procedures, and
2190 recordkeeping of the Healthy Schools for Healthy Lives Council
2191 shall be governed by s. 570.0705, relating to advisory
2192 committees established within the department.
2193 Section 39. Subsection (16) of section 1001.42, Florida
2194 Statutes, is amended to read:
2195 1001.42 Powers and duties of district school board.—The
2196 district school board, acting as a board, shall exercise all
2197 powers and perform all duties listed below:
2198 (16) SCHOOL LUNCH PROGRAM.—Assume such responsibilities and
2199 exercise such powers and perform such duties as may be assigned
2200 to it by law or as may be required by rules of the Department of
2201 Agriculture and Consumer Services State Board of Education or,
2202 as in the opinion of the district school board, are necessary to
2203 ensure school lunch services, consistent with needs of students;
2204 effective and efficient operation of the program; and the proper
2205 articulation of the school lunch program with other phases of
2206 education in the district.
2207 Section 40. Subsection (1) of section 1003.453, Florida
2208 Statutes, is amended to read:
2209 1003.453 School wellness and physical education policies;
2210 nutrition guidelines.—
2211 (1) Each school district shall electronically submit to the
2212 Department of Education a copy of its local school wellness
2213 policy to the Department of Agriculture and Consumer Services as
2214 required by the Child Nutrition and WIC Reauthorization Act of
2215 2004 and a copy of its physical education policy required under
2216 s. 1003.455 to the Department of Education. Each school district
2217 shall annually review its local school wellness policy and
2218 physical education policy and provide a procedure for public
2219 input and revisions. In addition, each school district shall
2220 provide its revised local school send an updated copy of its
2221 wellness policy and revised physical education policy to the
2222 applicable department and to the Department of Agriculture and
2223 Consumer Services when a change or revision is made.
2224 Section 41. Sections 487.0615, 570.382, 570.97, and 590.50,
2225 Florida Statutes, are repealed.
2226 Section 42. Subsection (5) of section 487.041, Florida
2227 Statutes, is amended to read:
2228 487.041 Registration.—
2229 (5) The department shall provide summary information to the
2230 Pesticide Review Council regarding applications for registration
2231 of those pesticides for which data received in the registration
2232 process indicate that the pesticide, when used according to
2233 label instructions and precautions, may have a significant
2234 potential for adverse effects on human health or the
2235 environment. The council shall be kept apprised of the status of
2236 these applications while under review and of the final action by
2237 the Commissioner of Agriculture regarding the registration of
2238 these pesticides.
2239 Section 43. Paragraph (b) of subsection (8) of section
2240 550.2625, Florida Statutes, is amended to read:
2241 550.2625 Horseracing; minimum purse requirement, Florida
2242 breeders’ and owners’ awards.—
2243 (8)
2244 (b) The division shall deposit these collections to the
2245 credit of the General Inspection Trust Fund in a special account
2246 to be known as the “Florida Arabian Horse Racing Promotion
2247 Account.” The Department of Agriculture and Consumer Services
2248 shall administer the funds and adopt suitable and reasonable
2249 rules for the administration thereof. The moneys in the Florida
2250 Arabian Horse Racing Promotion Account shall be allocated solely
2251 for supplementing and augmenting purses and prizes and for the
2252 general promotion of owning and breeding of racing Arabian
2253 horses in this state; and the moneys may not be used to defray
2254 any expense of the Department of Agriculture and Consumer
2255 Services in the administration of this chapter, except that the
2256 moneys generated by Arabian horse registration fees received
2257 pursuant to s. 570.382 may be used as provided in paragraph
2258 (5)(b) of that section.
2259 Section 44. Paragraphs (b) and (c) of subsection (2) of
2260 section 550.2633, Florida Statutes, are amended to read:
2261 550.2633 Horseracing; distribution of abandoned interest in
2262 or contributions to pari-mutuel pools.—
2263 (2) All moneys or other property which has escheated to and
2264 become the property of the state as provided herein and which is
2265 held by a permitholder authorized to conduct pari-mutuel pools
2266 in this state shall be paid annually by the permitholder to the
2267 recipient designated in this subsection within 60 days after the
2268 close of the race meeting of the permitholder. Section 550.1645
2269 notwithstanding, the moneys shall be paid by the permitholder as
2270 follows:
2271 (b) Except as provided in paragraph (c), Funds from quarter
2272 horse races shall be paid to the Florida Quarter Horse Breeders
2273 and Owners Association and shall be allocated solely for
2274 supplementing and augmenting purses and prizes and for the
2275 general promotion of owning and breeding of racing quarter
2276 horses in this state, as provided for in s. 550.2625.
2277 (c) Funds for Arabian horse races conducted under a quarter
2278 horse racing permit shall be deposited into the General
2279 Inspection Trust Fund in a special account to be known as the
2280 “Florida Arabian Horse Racing Promotion Account” and shall be
2281 used for the payment of breeders’ awards and stallion awards as
2282 provided for in s. 570.382.
2283 Section 45. In order to effectuate the repeal of s. 570.97,
2284 Florida Statutes, and to honor the wishes of the donor, for the
2285 2013-2014 fiscal year, the sum of $59,239 in nonrecurring funds
2286 is appropriated to the Department of Agriculture and Consumer
2287 Services in the expenses appropriation category for deposit in
2288 the General Inspection Trust Fund to be used by the Division of
2289 Animal Industry for disbursement to Florida Animal Friend, Inc.
2290 Section 46. This act shall take effect upon becoming a law.