January 20, 2021
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_h1717__
HB 1717

1
A bill to be entitled
2An act relating to agriculture; amending ss. 372.921 and
3372.922, F.S.; conforming provisions relating to
4regulatory authority over the possession, control, care,
5and maintenance of bison; creating s. 450.175, F.S.;
6providing a part title; repealing s. 450.211, F.S.,
7relating to the advisory committee for the Legislative
8Commission on Migrant Labor; amending s. 487.2031, F.S.;
9revising definition of the term "material safety data
10sheet" for purposes of the Florida Agricultural Worker
11Safety Act; amending s. 502.014, F.S.; deleting a duty of
12the Department of Agriculture and Consumer Services
13relating to issuance of a temporary marketing permit for
14milk and milk products and a fee therefor; amending s.
15502.091, F.S.; deleting reference to a milk type no longer
16produced; amending s. 503.011, F.S.; updating a reference
17in the definition of "frozen desserts"; amending s.
18531.39, F.S.; deleting an outdated reference relating to
19state standards for weights and measures; amending s.
20531.47, F.S.; revising provisions relating to packages on
21which information is required; amending s. 531.49, F.S.;
22revising provisions relating to advertising packaged
23commodities; creating s. 570.076, F.S.; authorizing the
24department to adopt rules establishing the Environmental
25Stewardship Certification Program; providing program
26standards; providing requirements for receipt of an
27agricultural certification; authorizing the Soil and Water
28Conservation Council to develop and recommend additional
29criteria; authorizing the department and the Institute of
30Food and Agricultural Sciences at the University of
31Florida to develop, deliver, and certify completion of a
32curriculum; amending s. 570.9135, F.S.; correcting a
33reference; amending s. 581.083, F.S.; prohibiting the
34cultivation of nonnative plants for purposes of fuel
35production or purposes other than agriculture in plantings
36greater than a specified size, except under a special
37permit issued by the department; providing an exemption;
38requiring application for a special permit and a fee
39therefor; requiring an applicant to show proof of security
40through a bond or certificate of deposit; defining the
41term "certificate of deposit"; requiring removal and
42destruction of plants under certain circumstances;
43specifying circumstances under which the department may
44issue a final order for plant removal and destruction;
45requiring reimbursement of costs and expenses for plant
46removal and destruction by the department; providing
47requirements for maintenance of a bond or certificate of
48deposit by a permitholder; providing requirements relating
49to assignment and cancellation of a bond or certificate of
50deposit; authorizing requirement for an annual bond or
51certificate of deposit and an increase or decrease in the
52amount of security required; authorizing the department to
53verify statements and accounts with respect to cultivated
54acreage; providing for suspension or revocation of a
55special permit under certain circumstances; amending s.
56585.002, F.S.; providing for department regulatory
57authority over the possession, control, care, and
58maintenance of bison; providing an exception; amending s.
59590.125, F.S.; providing requirements relating to the
60denial of a request for a burn permit; clarifying
61liability with respect to prescribed burning; providing
62for obsolete agricultural equipment to be assessed at its
63salvage value for purposes of ad valorem taxation;
64defining the term "agricultural equipment"; providing a
65procedure for a taxpayer to claim the right of assessment;
66authorizing the property appraiser to require information
67establishing a taxpayer's right to the classification;
68providing an effective date.
69
70Be It Enacted by the Legislature of the State of Florida:
71
72     Section 1.  Subsection (8) of section 372.921, Florida
73Statutes, is amended to read:
74     372.921  Exhibition or sale of wildlife.--
75     (8)  This section shall not apply to the possession,
76control, care, and maintenance of ostriches, emus, and rheas,
77and bison domesticated and confined for commercial farming
78purposes, except those kept and maintained on hunting preserves
79or game farms or primarily for exhibition purposes in zoos,
80carnivals, circuses, and other such establishments where such
81species are kept for display to the public for a fee.
82     Section 2.  Subsection (6) of section 372.922, Florida
83Statutes, is amended to read:
84     372.922  Personal possession of wildlife.--
85     (6)  This section shall not apply to the possession,
86control, care, and maintenance of ostriches, emus, and rheas,
87and bison domesticated and confined for commercial farming
88purposes, except those kept and maintained on hunting preserves
89or game farms or primarily for exhibition purposes in zoos,
90carnivals, circuses, and other such establishments where such
91species are kept for display to the public for a fee.
92     Section 3.  Section 450.175, Florida Statutes, is created
93to read:
94     450.175  Part title.--Part II of this chapter may be cited
95as the "Alfredo Bahena Act."
96     Section 4.  Section 450.211, Florida Statutes, is repealed.
97     Section 5.  Subsection (7) of section 487.2031, Florida
98Statutes, is amended to read:
99     487.2031  Definitions.--For the purposes of this part, the
100term:
101     (7)  "Material safety data sheet" means written,
102electronic, or printed material concerning an agricultural
103pesticide that sets forth the following information:
104     (a)  The chemical name and the common name of the
105agricultural pesticide.
106     (b)  The hazards or other risks in the use of the
107agricultural pesticide, including:
108     1.  The potential for fire, explosions, corrosivity, and
109reactivity.
110     2.  The known acute health effects and chronic health
111effects of exposure to the agricultural pesticide, including
112those medical conditions that are generally recognized as being
113aggravated by exposure to the agricultural pesticide.
114     3.  The primary routes of entry and symptoms of
115overexposure.
116     (c)  The proper handling practices, necessary personal
117protective equipment, and other proper or necessary safety
118precautions in circumstances that involve the use of or exposure
119to the agricultural pesticide, including appropriate emergency
120treatment in case of overexposure.
121     (d)  The emergency procedures for spills, fire, disposal,
122and first aid.
123     (e)  A description of the known specific potential health
124risks posed by the agricultural pesticide, which is written in
125lay terms and is intended to alert any person who reads the
126information.
127     (f)  The year and month, if available, that the information
128was compiled and the name, address, and emergency telephone
129number of the manufacturer responsible for preparing the
130information.
131     Section 6.  Section 502.014, Florida Statutes, is amended
132to read:
133     502.014  Powers and duties.--
134     (1)  The department shall administer and enforce all
135regulatory laws currently in effect governing:
136     (a)  The production, processing, and distribution of milk
137and milk products.
138     (b)  The sanitation and sanitary practices of
139establishments where food and drink, including milk and milk
140products, are sold for consumption on the premises, except food
141service establishments regulated under chapters 381 and 509.
142     (c)  The sanitary and healthful condition of the food and
143drink sold or offered for sale by establishments under the
144department's jurisdiction pursuant to paragraph (b).
145     (d)  The laboratory work of testing and analyzing milk and
146milk products.
147     (2)(a)  The department shall conduct onsite inspections of
148dairy farms and milk plants, and collect test samples of milk
149and milk products, as required by this chapter.
150     (b)  The department shall designate employees who shall be
151certified by the United States Food and Drug Administration as
152state milk sanitation rating officers, sampling surveillance
153officers, and laboratory evaluation officers in accordance with
154the requirements published in "Methods of Making Sanitation
155Ratings of Milk Supplies," "Evaluation of Milk Laboratories,"
156and "Procedures Governing the Cooperative State-Public Health
157Service/Food and Drug Administration Program for Certification
158of Interstate Milk Shippers," respectively, as adopted by
159department rule. These officers shall conduct routine sanitation
160compliance survey ratings of milk producers, milk plants,
161laboratories, receiving stations, transfer stations, and
162manufacturers of single-service containers for milk and milk
163products. These ratings shall be made in accordance with the
164recommendations of the United States Food and Drug
165Administration published in Standard Methods for the Examination
166of Dairy Products.
167     (3)  The department shall manage a program to issue permits
168to persons who test milk or milk products for milkfat content by
169weight, volume, chemical, electronic, or other means when the
170result of such test is used as a basis for payment for the milk
171or milk products.
172     (4)  The department shall define by rule "cottage cheese,"
173"dry-curd cottage cheese," and "lowfat cottage cheese." The
174department shall periodically update these definitions to
175maintain conformity with the federal definitions.
176     (5)(a)  The department shall adopt criteria for issuance of
177a state temporary marketing permit for milk and milk products
178that do not conform to existing standards and definitions.
179     (b)  The department shall establish a fee, not to exceed
180$100, for the issuance of a state temporary marketing permit or
181the use of a federal permit in the state. The fee shall cover
182all costs of issuing the state permit or processing the federal
183permit.
184     (5)(6)  The department may impound any reconstituted or
185recombined milk or any adulterated or misbranded milk or milk
186product to prevent its use for human consumption, and may
187dispose of it in a manner that does not create a nuisance.
188     (6)(7)  The department has authority to adopt rules
189pursuant to ss. 120.536(1) and 120.54 to implement and enforce
190the provisions of this chapter. In adopting these rules, the
191department shall be guided by and may conform to the definitions
192and standards of the administrative procedures and provisions of
193the pasteurized milk ordinance. The rules shall include, but are
194not limited to:
195     (a)  Standards for milk and milk products.
196     (b)  Provisions for the production, transportation,
197processing, handling, sampling, examination, grading, labeling,
198and sale of all milk and milk products and imitation and
199substitute milk and milk products sold for public consumption in
200this state.
201     (c)  Provisions for the inspection of dairy herds, dairy
202farms, and milk plants.
203     (d)  Provisions for the issuance and revocation of permits
204issued by the department pursuant to this chapter.
205     (7)(8)  The department shall not conduct routine tests or
206inspections on raw milk that is shipped from outside the state.
207Nothing in this subsection shall be construed to limit the
208authority of the department to review industry records or sample
209milk at any stage of production, processing, or distribution in
210cases of suspected hazard to public health.
211     Section 7.  Subsection (1) of section 502.091, Florida
212Statutes, is amended to read:
213     502.091  Milk and milk products which may be sold.--
214     (1)  Only Grade A pasteurized milk and milk products or
215certified pasteurized milk shall be sold to the final consumer
216or to restaurants, soda fountains, grocery stores, or similar
217establishments.
218     (a)  In an emergency, however, the department may authorize
219the sale of reconstituted pasteurized milk products, or
220pasteurized milk and milk products that have not been graded or
221the grade of that is unknown, in which case such milk and milk
222products shall be appropriately labeled, as determined by the
223department.
224     (b)  If the department determines that milk is fit for
225human consumption even though it is less than Grade A because
226the producer failed to comply with the sanitation or bacterial
227standards defined in this chapter, or if any specific shipment
228of milk fails to comply with standards of the pasteurized milk
229ordinance, the department may issue a permit allowing the milk
230to be used in ungraded products, such as frozen desserts, which
231are being processed by such milk plant. During processing of
232such milk, it shall be pasteurized at a temperature of at least
233175° F. for at least 15 seconds or at least 160° F. for at least
234least 30 minutes.
235     Section 8.  Subsection (2) of section 503.011, Florida
236Statutes, is amended to read:
237     503.011  Definitions.--The following definitions shall
238apply in the interpretation and enforcement of this chapter:
239     (2)  "Frozen desserts" means the foods which conform to the
240provisions of "definitions and standards of identity for frozen
241desserts," United States Food and Drug Administration, 21 C.F.R.
242part 135 (2004) (1990), and foods, defined by rule of the
243department, which resemble but do not conform to federal
244definitions. The term also includes, but is not limited to,
245"quiescently frozen confection," "quiescently frozen dairy
246confection," and "frozen dietary dairy dessert and frozen
247dietary dessert."
248     Section 9.  Section 531.39, Florida Statutes, is amended to
249read:
250     531.39  State standards.--Weights and measures that are
251traceable to the United States prototype standards supplied by
252the Federal Government (Pub. L. No. 89-164, 1965), or approved
253as being satisfactory by the National Institute of Standards and
254Technology, shall be the state primary standards of weights and
255measures, and shall be maintained in such calibration as
256prescribed by the National Institute of Standards and
257Technology. In addition, there shall be provided by the state
258such secondary standards as may be necessary to carry out the
259provisions of this chapter. The secondary standards shall be
260verified upon their initial receipt and as often thereafter as
261deemed necessary by the department.
262     Section 10.  Section 531.47, Florida Statutes, is amended
263to read:
264     531.47  Information required on packages.--Except as
265otherwise provided in this chapter or by rules adopted pursuant
266thereto, any package introduced in intrastate commerce, kept for
267the purpose of sale, or offered or exposed for sale in
268intrastate commerce shall bear on the outside of the package a
269definite, plain, and conspicuous declaration of:
270     (1)  The identity of the commodity in the package, unless
271the same can easily be identified through the wrapper or
272container.
273     (2)  The net quantity of contents in terms of weight,
274measure, or count.
275     (3)  The name and place of business of the manufacturer,
276packer, or distributor, in the case of any package kept or
277offered or exposed for sale or sold in any place other than on
278the premises where packed.
279     Section 11.  Section 531.49, Florida Statutes, is amended
280to read:
281     531.49  Advertising packages for sale.--Whenever a packaged
282commodity is advertised in any manner with the retail price
283stated, there shall be closely and conspicuously associated with
284the retail price a declaration of quantity as is required by law
285or rule to appear on the package. When a dual declaration is
286required, only the declaration that sets forth the quantity in
287terms of the smaller unit of weight or measure need appear in
288the advertisement.
289     Section 12.  Section 570.076, Florida Statutes, is created
290to read:
291     570.076  Environmental Stewardship Certification
292Program.--The department may, by rule, establish the
293Environmental Stewardship Certification Program consistent with
294this section. A rule adopted under this section must be
295developed in consultation with state universities, agricultural
296organizations, and other interested parties.
297     (1)  The program must:
298     (a)  Be integrated, to the maximum extent practicable, with
299programs that are sponsored by agricultural organizations or
300state universities.
301     (b)  Be designed to recognize and promote agricultural
302operations or homeowner practices that demonstrate exemplary
303resource management that is related to environmental
304stewardship.
305     (c)  Include a process to periodically review a
306certification to ensure compliance with the program
307requirements, including implementation by the certificateholder.
308     (d)  Require periodic continuing education in relevant
309environmental stewardship issues in order to maintain
310certification.
311     (2)  The department shall provide an agricultural
312certification under this program for implementation of one or
313more of the following criteria:
314     (a)  A voluntary agreement between an agency and an
315agricultural producer for environmental improvement or water-
316resource protection.
317     (b)  A conservation plan that meets or exceeds the
318requirements of the United States Department of Agriculture.
319     (c)  Best management practices adopted by rule pursuant to
320s. 403.067(7)(d) or s. 570.085(2).
321     (3)  The Soil and Water Conservation Council created by s.
322582.06 may develop and recommend to the department for adoption
323additional criteria for receipt of an agricultural certification
324which may include, but not be limited to:
325     (a)  Comprehensive management of all on-farm resources.
326     (b)  Promotion of environmental awareness and responsible
327resource stewardship in agricultural or urban communities.
328     (c)  Completion of a curriculum of study that is related to
329environmental issues and regulation.
330     (4)  If needed, the department and the Institute of Food
331and Agricultural Sciences at the University of Florida may
332jointly develop a curriculum that provides instruction
333concerning environmental issues pertinent to agricultural
334certification and deliver such curriculum to, and certify its
335completion by, any person seeking certification or to maintain
336certification.
337     (5)  The department may enter into agreements with third-
338party providers to administer or implement all or part of the
339program.
340     Section 13.  Paragraph (a) of subsection (4) of section
341570.9135, Florida Statutes, is amended to read:
342     570.9135  Beef Market Development Act; definitions; Florida
343Beef Council, Inc., creation, purposes, governing board, powers,
344and duties; referendum on assessments imposed on gross receipts
345from cattle sales; payments to organizations for services;
346collecting and refunding assessments; vote on continuing the
347act; council bylaws.--
348     (4)  FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.--
349     (a)  There is created the Florida Beef Council, Inc., a
350not-for-profit corporation organized under the laws of this
351state and operating as a direct-support direct-service
352organization of the department.
353     Section 14.  Subsection (4) is added to section 581.083,
354Florida Statutes, to read:
355     581.083  Introduction or release of plant pests, noxious
356weeds, or organisms affecting plant life; cultivation of
357nonnative plants; special permit and security required.--
358     (4)  A person may not cultivate a nonnative plant,
359including a genetically engineered plant or a plant that has
360been introduced, for purposes of fuel production or purposes
361other than agriculture in plantings greater in size than 2
362contiguous acres, except under a special permit issued by the
363department through the division, which is the sole agency
364responsible for issuing such special permits. Such a permit
365shall not be required if the department determines, in
366conjunction with the Institute of Food and Agricultural Sciences
367at the University of Florida, that the plant is not invasive and
368subsequently exempts the plant by rule.
369     (a)1.  Each application for a special permit must be
370accompanied by a fee as described in subsection (2) and proof
371that the applicant has obtained a bond in the form approved by
372the department and issued by a surety company admitted to do
373business in this state or a certificate of deposit. The
374application must include, on a form provided by the department,
375the name of the applicant and the applicant's address or the
376address of the applicant's principal place of business; a
377statement completely identifying the nonnative plant to be
378cultivated; and a statement of the estimated cost of removing
379and destroying the plant that is the subject of the special
380permit and the basis for calculating or determining that
381estimate. If the applicant is a corporation, partnership, or
382other business entity, the applicant must also provide in the
383application the name and address of each officer, partner, or
384managing agent. The applicant shall notify the department within
38510 business days of any change of address or change in the
386principal place of business. The department shall mail all
387notices to the applicant's last known address.
388     2.  As used in this subsection, the term "certificate of
389deposit" means a certificate of deposit at any recognized
390financial institution doing business in the United States. The
391department may not accept a certificate of deposit in connection
392with the issuance of a special permit unless the issuing
393institution is properly insured by the Federal Deposit Insurance
394Corporation or the Federal Savings and Loan Insurance
395Corporation.
396     (b)  Upon obtaining a permit, the permitholder may annually
397cultivate and maintain the nonnative plants as authorized by the
398special permit. If the permitholder ceases to maintain or
399cultivate the plants authorized by the special permit, if the
400permit expires, or if the permitholder ceases to abide by the
401conditions of the special permit, the permitholder shall
402immediately remove and destroy the plants that are subject to
403the permit, if any remain. The permitholder shall notify the
404department of the removal and destruction of the plants within
40510 days after such event.
406     (c)  If the department:
407     1.  Determines that the permitholder is no longer
408maintaining or cultivating the plants subject to the special
409permit and has not removed and destroyed the plants authorized
410by the special permit;
411     2.  Determines that the continued maintenance or
412cultivation of the plants presents an imminent danger to public
413health, safety, or welfare;
414     3.  Determines that the permitholder has exceeded the
415conditions of the authorized special permit; or
416     4.  Receives a notice of cancellation of the surety bond,
417
418the department may issue an immediate final order, which shall
419be immediately appealable or enjoinable as provided by chapter
420120, directing the permitholder to immediately remove and
421destroy the plants authorized to be cultivated under the special
422permit. A copy of the immediate final order shall be mailed to
423the permitholder and to the surety company or financial
424institution that has provided security for the special permit,
425if applicable.
426     (d)  If, upon issuance by the department of an immediate
427final order to the permitholder, the permitholder fails to
428remove and destroy the plants subject to the special permit
429within 60 days after issuance of the order, or such shorter
430period as is designated in the order as public health, safety,
431or welfare requires, the department may enter the cultivated
432acreage and remove and destroy the plants that are the subject
433of the special permit. If the permitholder makes a written
434request to the department for an extension of time to remove and
435destroy the plants that demonstrates specific facts showing why
436the plants could not reasonably be removed and destroyed in the
437applicable timeframe, the department may extend the time for
438removing and destroying plants subject to a special permit. The
439reasonable costs and expenses incurred by the department for
440removing and destroying plants subject to a special permit shall
441be reimbursed to the department by the permitholder within 21
442days after the date the permitholder and the surety company or
443financial institution are served a copy of the department's
444invoice for the costs and expenses incurred by the department to
445remove and destroy the cultivated plants, along with a notice of
446administrative rights, unless the permitholder or the surety
447company or financial institution object to the reasonableness of
448the invoice. In the event of an objection, the permitholder or
449surety company or financial institution is entitled to an
450administrative proceeding as provided by chapter 120. Upon entry
451of a final order determining the reasonableness of the incurred
452costs and expenses, the permitholder shall have 15 days
453following service of the final order to reimburse the
454department. Failure of the permitholder to timely reimburse the
455department for the incurred costs and expenses entitles the
456department to reimbursement from the applicable bond or
457certificate of deposit.
458     (e)  Each permitholder shall maintain for each separate
459growing location a bond or a certificate of deposit in an amount
460determined by the department, but not less than 150 percent of
461the estimated cost of removing and destroying the cultivated
462plants. The bond or certificate of deposit may not exceed $5,000
463per acre, unless a higher amount is determined by the department
464to be necessary to protect the public health, safety, and
465welfare or unless an exemption is granted by the department
466based on conditions specified in the application which would
467preclude the department from incurring the cost of removing and
468destroying the cultivated plants and would prevent injury to the
469public health, safety, and welfare. The aggregate liability of
470the surety company or financial institution to all persons for
471all breaches of the conditions of the bond or certificate of
472deposit may not exceed the amount of the bond or certificate of
473deposit. The original bond or certificate of deposit required by
474this subsection shall be filed with the department. A surety
475company shall give the department 30 days' written notice of
476cancellation, by certified mail, in order to cancel a bond.
477Cancellation of a bond does not relieve a surety company of
478liability for paying to the department all costs and expenses
479incurred or to be incurred for removing and destroying the
480permitted plants covered by an immediate final order authorized
481under paragraph (c). A bond or certificate of deposit must be
482provided or assigned in the exact name in which an applicant
483applies for a special permit. The penal sum of the bond or
484certificate of deposit to be furnished to the department by a
485permitholder in the amount specified in this paragraph must
486guarantee payment of the costs and expenses incurred or to be
487incurred by the department for removing and destroying the
488plants cultivated under the issued special permit. The bond or
489certificate of deposit assignment or agreement must be upon a
490form prescribed or approved by the department and must be
491conditioned to secure the faithful accounting for and payment of
492all costs and expenses incurred by the department for removing
493and destroying all plants cultivated under the special permit.
494The bond or certificate of deposit assignment or agreement must
495include terms binding the instrument to the Commissioner of
496Agriculture. Such certificate of deposit shall be presented with
497an assignment of the permitholder's rights in the certificate in
498favor of the Commissioner of Agriculture on a form prescribed by
499the department and with a letter from the issuing institution
500acknowledging that the assignment has been properly recorded on
501the books of the issuing institution and will be honored by the
502issuing institution. Such assignment is irrevocable while a
503special permit is in effect and for an additional period of 6
504months after termination of the special permit if operations to
505remove and destroy the permitted plants are not continuing and
506if the department's invoice remains unpaid by the permitholder
507under the issued immediate final order. If operations to remove
508and destroy the plants are pending, the assignment remains in
509effect until all plants are removed and destroyed and the
510department's invoice has been paid. The bond or certificate of
511deposit may be released by the assignee of the surety company or
512financial institution to the permitholder, or to the
513permitholder's successors, assignee, or heirs, if operations to
514remove and destroy the permitted plants are not pending and no
515invoice remains unpaid at the conclusion of 6 months after the
516last effective date of the special permit. The department may
517not accept a certificate of deposit that contains any provision
518that would give to any person any prior rights or claim on the
519proceeds or principal of such certificate of deposit. The
520department shall determine by rule whether an annual bond or
521certificate of deposit will be required. The amount of such bond
522or certificate of deposit shall be increased, upon order of the
523department, at any time if the department finds such increase to
524be warranted by the cultivating operations of the permitholder.
525In the same manner, the amount of such bond or certificate of
526deposit may be decreased when a decrease in the cultivating
527operations warrants such decrease. This paragraph applies to any
528bond or certificate of deposit, regardless of the anniversary
529date of its issuance, expiration, or renewal.
530     (f)  In order to carry out the purposes of this subsection,
531the department or its agents may require from any permitholder
532verified statements of the cultivated acreage subject to the
533special permit and may review the permitholder's business or
534cultivation records at her or his place of business during
535normal business hours in order to determine the acreage
536cultivated. The failure of a permitholder to furnish such
537statement, to make such records available, or to make and
538deliver a new or additional bond or certificate of deposit is
539cause for suspension of the special permit. If the department
540finds such failure to be willful, the special permit may be
541revoked.
542     Section 15.  Subsection (3) of section 585.002, Florida
543Statutes, is amended to read:
544     585.002  Department control; continuance of powers, duties,
545rules, orders, etc.--
546     (3)  The department, to the exclusion of all other state
547agencies, shall have regulatory authority over the possession,
548control, care, and maintenance of ostriches, emus, and rheas,
549and bison domesticated and confined for commercial farming
550purposes, except those kept and maintained on hunting preserves
551or game farms or primarily for exhibition purposes in zoos,
552carnivals, circuses, and other such establishments where such
553species are kept for display to the public for a fee.
554     Section 16.  Subsection (2) and paragraph (c) of subsection
555(3) of section 590.125, Florida Statutes, are amended to read:
556     590.125  Open burning authorized by the division.--
557     (2)  NONCERTIFIED BURNING.--
558     (a)  Persons may be authorized to burn wild land or
559vegetative land-clearing debris in accordance with this
560subsection if:
561     1.  There is specific consent of the landowner or his or
562her designee;
563     2.  Authorization has been obtained from the division or
564its designated agent before starting the burn;
565     3.  There are adequate firebreaks at the burn site and
566sufficient personnel and firefighting equipment for the control
567of the fire;
568     4.  The fire remains within the boundary of the authorized
569area;
570     5.  Someone is present at the burn site until the fire is
571extinguished;
572     6.  The division does not cancel the authorization; and
573     7.  The division determines that air quality and fire
574danger are favorable for safe burning.
575
576If a request for a burn permit is denied at any time or for any
577reason, the division must obtain, if possible, two telephone
578numbers from the person requesting the burn permit. Upon the
579return of conditions allowing for the issuance of a permit, the
580division must make at least two attempts to notify the person
581that an authorization may be granted.
582     (b)  A person who burns wild land or vegetative land-
583clearing debris in a manner that violates any requirement of
584this subsection commits a misdemeanor of the second degree,
585punishable as provided in s. 775.082 or s. 775.083.
586     (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
587PURPOSE.--
588     (c)  Neither a property owner nor or his or her agent is
589neither liable pursuant to s. 590.13 for damage or injury caused
590by the fire or resulting smoke or nor considered to be in
591violation of subsection (2) for burns conducted in accordance
592with this subsection unless gross negligence is proven.
593     Section 17.  Assessment of obsolete agricultural
594equipment.--
595     (1)  For purposes of assessment for ad valorem property
596taxes, obsolete agricultural equipment shall be deemed to have a
597market value no greater than its value for salvage. As used in
598this section, the term "agricultural equipment" means any
599equipment that qualifies for the sales tax exemption provided in
600s. 212.08(3), Florida Statutes, wherever purchased. Agricultural
601equipment shall be considered obsolete for purposes of this
602section if it is no longer commonly used by the taxpayer in
603agricultural production.
604     (2)  Any taxpayer claiming the right of assessment for ad
605valorem taxes under the provisions of this section shall so
606state in a return filed as provided by law, giving a brief
607description of the equipment and its use. The property appraiser
608may require the taxpayer to produce any additional information
609as necessary in order to establish the taxpayer's right to have
610such property classified as obsolete under this section for
611purposes of the assessment.
612     Section 18.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
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