_h1717c1
HB 1717CS

CHAMBER ACTION




1The Agriculture & Environment Appropriations Committee
2recommends the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to agriculture; amending s. 193.451, F.S.;
8clarifying the value for purpose of assessment for ad
9valorem taxes of certain property leased by the Department
10of Agriculture and Consumer Services; providing intent for
11retroactive application; amending ss. 372.921 and 372.922,
12F.S.; conforming provisions relating to regulatory
13authority over the possession, control, care, and
14maintenance of bison; creating s. 450.175, F.S.; providing
15a part title; repealing s. 450.211, F.S., relating to the
16advisory committee for the Legislative Commission on
17Migrant Labor; amending s. 487.2031, F.S.; revising
18definition of the term "material safety data sheet" for
19purposes of the Florida Agricultural Worker Safety Act;
20amending s. 502.014, F.S.; deleting a duty of the
21department relating to issuance of a temporary marketing
22permit for milk and milk products and a fee therefor;
23amending s. 502.091, F.S.; deleting reference to a milk
24type no longer produced; amending s. 503.011, F.S.;
25updating a reference in the definition of "frozen
26desserts"; amending s. 531.39, F.S.; deleting an outdated
27reference relating to state standards for weights and
28measures; amending s. 531.47, F.S.; revising provisions
29relating to packages on which information is required;
30amending s. 531.49, F.S.; revising provisions relating to
31advertising packaged commodities; amending s. 570.07,
32F.S.; providing an additional power of the department;
33creating s. 570.076, F.S.; authorizing the department to
34adopt rules establishing the Environmental Stewardship
35Certification Program; providing program standards;
36providing requirements for receipt of an agricultural
37certification; authorizing the Soil and Water Conservation
38Council to develop and recommend additional criteria;
39authorizing the department and the Institute of Food and
40Agricultural Sciences at the University of Florida to
41develop, deliver, and certify completion of a curriculum;
42amending s. 570.9135, F.S.; correcting a reference;
43amending s. 581.083, F.S.; prohibiting the cultivation of
44nonnative plants for purposes of fuel production or
45purposes other than agriculture in plantings greater than
46a specified size, except under a special permit issued by
47the department; providing an exemption; requiring
48application for a special permit and a fee therefor;
49requiring an applicant to show proof of security through a
50bond or certificate of deposit; defining the term
51"certificate of deposit"; requiring removal and
52destruction of plants under certain circumstances;
53specifying circumstances under which the department may
54issue a final order for plant removal and destruction;
55requiring reimbursement of costs and expenses for plant
56removal and destruction by the department; providing
57requirements for maintenance of a bond or certificate of
58deposit by a permitholder; providing requirements relating
59to assignment and cancellation of a bond or certificate of
60deposit; authorizing requirement for an annual bond or
61certificate of deposit and an increase or decrease in the
62amount of security required; authorizing the department to
63verify statements and accounts with respect to cultivated
64acreage; providing for suspension or revocation of a
65special permit under certain circumstances; amending s.
66585.002, F.S.; providing for department regulatory
67authority over the possession, control, care, and
68maintenance of bison; providing an exception; amending s.
69590.125, F.S.; providing requirements relating to the
70denial of a request for a burn permit; clarifying
71liability with respect to prescribed burning; providing
72for obsolete agricultural equipment to be assessed at its
73salvage value for purposes of ad valorem taxation;
74defining the term "agricultural equipment"; providing a
75procedure for a taxpayer to claim the right of assessment;
76authorizing the property appraiser to require information
77establishing a taxpayer's right to the classification;
78providing severability; providing an effective date.
79
80Be It Enacted by the Legislature of the State of Florida:
81
82     Section 1.  Subsection (3) is added to section 193.451,
83Florida Statutes, to read:
84     193.451  Annual growing of agricultural crops, nonbearing
85fruit trees, nursery stock; taxability.--
86     (3)  Personal property leased or subleased by the
87Department of Agriculture and Consumer Services and utilized in
88the inspection, grading, or classification of citrus fruit shall
89be deemed to have value for purposes of assessment for ad
90valorem property taxes no greater than its market value as
91salvage. It is the expressed intent of the Legislature that this
92subsection shall have retroactive application to December 31,
932003.
94     Section 2.  Subsection (8) of section 372.921, Florida
95Statutes, is amended to read:
96     372.921  Exhibition or sale of wildlife.--
97     (8)  This section shall not apply to the possession,
98control, care, and maintenance of ostriches, emus, and rheas,
99and bison domesticated and confined for commercial farming
100purposes, except those kept and maintained on hunting preserves
101or game farms or primarily for exhibition purposes in zoos,
102carnivals, circuses, and other such establishments where such
103species are kept for display to the public for a fee.
104     Section 3.  Subsection (6) of section 372.922, Florida
105Statutes, is amended to read:
106     372.922  Personal possession of wildlife.--
107     (6)  This section shall not apply to the possession,
108control, care, and maintenance of ostriches, emus, and rheas,
109and bison domesticated and confined for commercial farming
110purposes, except those kept and maintained on hunting preserves
111or game farms or primarily for exhibition purposes in zoos,
112carnivals, circuses, and other such establishments where such
113species are kept for display to the public for a fee.
114     Section 4.  Section 450.175, Florida Statutes, is created
115to read:
116     450.175  Part title.--Part II of this chapter may be cited
117as the "Alfredo Bahena Act."
118     Section 5.  Section 450.211, Florida Statutes, is repealed.
119     Section 6.  Subsection (7) of section 487.2031, Florida
120Statutes, is amended to read:
121     487.2031  Definitions.--For the purposes of this part, the
122term:
123     (7)  "Material safety data sheet" means written,
124electronic, or printed material concerning an agricultural
125pesticide that sets forth the following information:
126     (a)  The chemical name and the common name of the
127agricultural pesticide.
128     (b)  The hazards or other risks in the use of the
129agricultural pesticide, including:
130     1.  The potential for fire, explosions, corrosivity, and
131reactivity.
132     2.  The known acute health effects and chronic health
133effects of exposure to the agricultural pesticide, including
134those medical conditions that are generally recognized as being
135aggravated by exposure to the agricultural pesticide.
136     3.  The primary routes of entry and symptoms of
137overexposure.
138     (c)  The proper handling practices, necessary personal
139protective equipment, and other proper or necessary safety
140precautions in circumstances that involve the use of or exposure
141to the agricultural pesticide, including appropriate emergency
142treatment in case of overexposure.
143     (d)  The emergency procedures for spills, fire, disposal,
144and first aid.
145     (e)  A description of the known specific potential health
146risks posed by the agricultural pesticide, which is written in
147lay terms and is intended to alert any person who reads the
148information.
149     (f)  The year and month, if available, that the information
150was compiled and the name, address, and emergency telephone
151number of the manufacturer responsible for preparing the
152information.
153     Section 7.  Section 502.014, Florida Statutes, is amended
154to read:
155     502.014  Powers and duties.--
156     (1)  The department shall administer and enforce all
157regulatory laws currently in effect governing:
158     (a)  The production, processing, and distribution of milk
159and milk products.
160     (b)  The sanitation and sanitary practices of
161establishments where food and drink, including milk and milk
162products, are sold for consumption on the premises, except food
163service establishments regulated under chapters 381 and 509.
164     (c)  The sanitary and healthful condition of the food and
165drink sold or offered for sale by establishments under the
166department's jurisdiction pursuant to paragraph (b).
167     (d)  The laboratory work of testing and analyzing milk and
168milk products.
169     (2)(a)  The department shall conduct onsite inspections of
170dairy farms and milk plants, and collect test samples of milk
171and milk products, as required by this chapter.
172     (b)  The department shall designate employees who shall be
173certified by the United States Food and Drug Administration as
174state milk sanitation rating officers, sampling surveillance
175officers, and laboratory evaluation officers in accordance with
176the requirements published in "Methods of Making Sanitation
177Ratings of Milk Supplies," "Evaluation of Milk Laboratories,"
178and "Procedures Governing the Cooperative State-Public Health
179Service/Food and Drug Administration Program for Certification
180of Interstate Milk Shippers," respectively, as adopted by
181department rule. These officers shall conduct routine sanitation
182compliance survey ratings of milk producers, milk plants,
183laboratories, receiving stations, transfer stations, and
184manufacturers of single-service containers for milk and milk
185products. These ratings shall be made in accordance with the
186recommendations of the United States Food and Drug
187Administration published in Standard Methods for the Examination
188of Dairy Products.
189     (3)  The department shall manage a program to issue permits
190to persons who test milk or milk products for milkfat content by
191weight, volume, chemical, electronic, or other means when the
192result of such test is used as a basis for payment for the milk
193or milk products.
194     (4)  The department shall define by rule "cottage cheese,"
195"dry-curd cottage cheese," and "lowfat cottage cheese." The
196department shall periodically update these definitions to
197maintain conformity with the federal definitions.
198     (5)(a)  The department shall adopt criteria for issuance of
199a state temporary marketing permit for milk and milk products
200that do not conform to existing standards and definitions.
201     (b)  The department shall establish a fee, not to exceed
202$100, for the issuance of a state temporary marketing permit or
203the use of a federal permit in the state. The fee shall cover
204all costs of issuing the state permit or processing the federal
205permit.
206     (5)(6)  The department may impound any reconstituted or
207recombined milk or any adulterated or misbranded milk or milk
208product to prevent its use for human consumption, and may
209dispose of it in a manner that does not create a nuisance.
210     (6)(7)  The department has authority to adopt rules
211pursuant to ss. 120.536(1) and 120.54 to implement and enforce
212the provisions of this chapter. In adopting these rules, the
213department shall be guided by and may conform to the definitions
214and standards of the administrative procedures and provisions of
215the pasteurized milk ordinance. The rules shall include, but are
216not limited to:
217     (a)  Standards for milk and milk products.
218     (b)  Provisions for the production, transportation,
219processing, handling, sampling, examination, grading, labeling,
220and sale of all milk and milk products and imitation and
221substitute milk and milk products sold for public consumption in
222this state.
223     (c)  Provisions for the inspection of dairy herds, dairy
224farms, and milk plants.
225     (d)  Provisions for the issuance and revocation of permits
226issued by the department pursuant to this chapter.
227     (7)(8)  The department shall not conduct routine tests or
228inspections on raw milk that is shipped from outside the state.
229Nothing in this subsection shall be construed to limit the
230authority of the department to review industry records or sample
231milk at any stage of production, processing, or distribution in
232cases of suspected hazard to public health.
233     Section 8.  Subsection (1) of section 502.091, Florida
234Statutes, is amended to read:
235     502.091  Milk and milk products which may be sold.--
236     (1)  Only Grade A pasteurized milk and milk products or
237certified pasteurized milk shall be sold to the final consumer
238or to restaurants, soda fountains, grocery stores, or similar
239establishments.
240     (a)  In an emergency, however, the department may authorize
241the sale of reconstituted pasteurized milk products, or
242pasteurized milk and milk products that have not been graded or
243the grade of that is unknown, in which case such milk and milk
244products shall be appropriately labeled, as determined by the
245department.
246     (b)  If the department determines that milk is fit for
247human consumption even though it is less than Grade A because
248the producer failed to comply with the sanitation or bacterial
249standards defined in this chapter, or if any specific shipment
250of milk fails to comply with standards of the pasteurized milk
251ordinance, the department may issue a permit allowing the milk
252to be used in ungraded products, such as frozen desserts, which
253are being processed by such milk plant. During processing of
254such milk, it shall be pasteurized at a temperature of at least
255175° F. for at least 15 seconds or at least 160° F. for at least
256least 30 minutes.
257     Section 9.  Subsection (2) of section 503.011, Florida
258Statutes, is amended to read:
259     503.011  Definitions.--The following definitions shall
260apply in the interpretation and enforcement of this chapter:
261     (2)  "Frozen desserts" means the foods which conform to the
262provisions of "definitions and standards of identity for frozen
263desserts," United States Food and Drug Administration, 21 C.F.R.
264part 135 (2004) (1990), and foods, defined by rule of the
265department, which resemble but do not conform to federal
266definitions. The term also includes, but is not limited to,
267"quiescently frozen confection," "quiescently frozen dairy
268confection," and "frozen dietary dairy dessert and frozen
269dietary dessert."
270     Section 10.  Section 531.39, Florida Statutes, is amended
271to read:
272     531.39  State standards.--Weights and measures that are
273traceable to the United States prototype standards supplied by
274the Federal Government (Pub. L. No. 89-164, 1965), or approved
275as being satisfactory by the National Institute of Standards and
276Technology, shall be the state primary standards of weights and
277measures, and shall be maintained in such calibration as
278prescribed by the National Institute of Standards and
279Technology. In addition, there shall be provided by the state
280such secondary standards as may be necessary to carry out the
281provisions of this chapter. The secondary standards shall be
282verified upon their initial receipt and as often thereafter as
283deemed necessary by the department.
284     Section 11.  Section 531.47, Florida Statutes, is amended
285to read:
286     531.47  Information required on packages.--Except as
287otherwise provided in this chapter or by rules adopted pursuant
288thereto, any package introduced in intrastate commerce, kept for
289the purpose of sale, or offered or exposed for sale in
290intrastate commerce shall bear on the outside of the package a
291definite, plain, and conspicuous declaration of:
292     (1)  The identity of the commodity in the package, unless
293the same can easily be identified through the wrapper or
294container.
295     (2)  The net quantity of contents in terms of weight,
296measure, or count.
297     (3)  The name and place of business of the manufacturer,
298packer, or distributor, in the case of any package kept or
299offered or exposed for sale or sold in any place other than on
300the premises where packed.
301     Section 12.  Section 531.49, Florida Statutes, is amended
302to read:
303     531.49  Advertising packages for sale.--Whenever a packaged
304commodity is advertised in any manner with the retail price
305stated, there shall be closely and conspicuously associated with
306the retail price a declaration of quantity as is required by law
307or rule to appear on the package. When a dual declaration is
308required, only the declaration that sets forth the quantity in
309terms of the smaller unit of weight or measure need appear in
310the advertisement.
311     Section 13.  Subsection (41) is added to section 570.07,
312Florida Statutes, to read:
313     570.07  Department of Agriculture and Consumer Services;
314functions, powers, and duties.--The department shall have and
315exercise the following functions, powers, and duties:
316     (41)  Notwithstanding any other provision of law, to use
317any program for on-line procurement of commodities or
318contractual services, but not be obligated to do so.
319     Section 14.  Section 570.076, Florida Statutes, is created
320to read:
321     570.076  Environmental Stewardship Certification
322Program.--The department may, by rule, establish the
323Environmental Stewardship Certification Program consistent with
324this section. A rule adopted under this section must be
325developed in consultation with state universities, agricultural
326organizations, and other interested parties.
327     (1)  The program must:
328     (a)  Be integrated, to the maximum extent practicable, with
329programs that are sponsored by agricultural organizations or
330state universities.
331     (b)  Be designed to recognize and promote agricultural
332operations or homeowner practices that demonstrate exemplary
333resource management that is related to environmental
334stewardship.
335     (c)  Include a process to periodically review a
336certification to ensure compliance with the program
337requirements, including implementation by the certificateholder.
338     (d)  Require periodic continuing education in relevant
339environmental stewardship issues in order to maintain
340certification.
341     (2)  The department shall provide an agricultural
342certification under this program for implementation of one or
343more of the following criteria:
344     (a)  A voluntary agreement between an agency and an
345agricultural producer for environmental improvement or water-
346resource protection.
347     (b)  A conservation plan that meets or exceeds the
348requirements of the United States Department of Agriculture.
349     (c)  Best management practices adopted by rule pursuant to
350s. 403.067(7)(d) or s. 570.085(2).
351     (3)  The Soil and Water Conservation Council created by s.
352582.06 may develop and recommend to the department for adoption
353additional criteria for receipt of an agricultural certification
354which may include, but not be limited to:
355     (a)  Comprehensive management of all on-farm resources.
356     (b)  Promotion of environmental awareness and responsible
357resource stewardship in agricultural or urban communities.
358     (c)  Completion of a curriculum of study that is related to
359environmental issues and regulation.
360     (4)  If needed, the department and the Institute of Food
361and Agricultural Sciences at the University of Florida may
362jointly develop a curriculum that provides instruction
363concerning environmental issues pertinent to agricultural
364certification and deliver such curriculum to, and certify its
365completion by, any person seeking certification or to maintain
366certification.
367     (5)  The department may enter into agreements with third-
368party providers to administer or implement all or part of the
369program.
370     Section 15.  Paragraph (a) of subsection (4) of section
371570.9135, Florida Statutes, is amended to read:
372     570.9135  Beef Market Development Act; definitions; Florida
373Beef Council, Inc., creation, purposes, governing board, powers,
374and duties; referendum on assessments imposed on gross receipts
375from cattle sales; payments to organizations for services;
376collecting and refunding assessments; vote on continuing the
377act; council bylaws.--
378     (4)  FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.--
379     (a)  There is created the Florida Beef Council, Inc., a
380not-for-profit corporation organized under the laws of this
381state and operating as a direct-support direct-service
382organization of the department.
383     Section 16.  Subsection (4) is added to section 581.083,
384Florida Statutes, to read:
385     581.083  Introduction or release of plant pests, noxious
386weeds, or organisms affecting plant life; cultivation of
387nonnative plants; special permit and security required.--
388     (4)  A person may not cultivate a nonnative plant,
389including a genetically engineered plant or a plant that has
390been introduced, for purposes of fuel production or purposes
391other than agriculture in plantings greater in size than 2
392contiguous acres, except under a special permit issued by the
393department through the division, which is the sole agency
394responsible for issuing such special permits. Such a permit
395shall not be required if the department determines, in
396conjunction with the Institute of Food and Agricultural Sciences
397at the University of Florida, that the plant is not invasive and
398subsequently exempts the plant by rule.
399     (a)1.  Each application for a special permit must be
400accompanied by a fee as described in subsection (2) and proof
401that the applicant has obtained a bond in the form approved by
402the department and issued by a surety company admitted to do
403business in this state or a certificate of deposit. The
404application must include, on a form provided by the department,
405the name of the applicant and the applicant's address or the
406address of the applicant's principal place of business; a
407statement completely identifying the nonnative plant to be
408cultivated; and a statement of the estimated cost of removing
409and destroying the plant that is the subject of the special
410permit and the basis for calculating or determining that
411estimate. If the applicant is a corporation, partnership, or
412other business entity, the applicant must also provide in the
413application the name and address of each officer, partner, or
414managing agent. The applicant shall notify the department within
41510 business days of any change of address or change in the
416principal place of business. The department shall mail all
417notices to the applicant's last known address.
418     2.  As used in this subsection, the term "certificate of
419deposit" means a certificate of deposit at any recognized
420financial institution doing business in the United States. The
421department may not accept a certificate of deposit in connection
422with the issuance of a special permit unless the issuing
423institution is properly insured by the Federal Deposit Insurance
424Corporation or the Federal Savings and Loan Insurance
425Corporation.
426     (b)  Upon obtaining a permit, the permitholder may annually
427cultivate and maintain the nonnative plants as authorized by the
428special permit. If the permitholder ceases to maintain or
429cultivate the plants authorized by the special permit, if the
430permit expires, or if the permitholder ceases to abide by the
431conditions of the special permit, the permitholder shall
432immediately remove and destroy the plants that are subject to
433the permit, if any remain. The permitholder shall notify the
434department of the removal and destruction of the plants within
43510 days after such event.
436     (c)  If the department:
437     1.  Determines that the permitholder is no longer
438maintaining or cultivating the plants subject to the special
439permit and has not removed and destroyed the plants authorized
440by the special permit;
441     2.  Determines that the continued maintenance or
442cultivation of the plants presents an imminent danger to public
443health, safety, or welfare;
444     3.  Determines that the permitholder has exceeded the
445conditions of the authorized special permit; or
446     4.  Receives a notice of cancellation of the surety bond,
447
448the department may issue an immediate final order, which shall
449be immediately appealable or enjoinable as provided by chapter
450120, directing the permitholder to immediately remove and
451destroy the plants authorized to be cultivated under the special
452permit. A copy of the immediate final order shall be mailed to
453the permitholder and to the surety company or financial
454institution that has provided security for the special permit,
455if applicable.
456     (d)  If, upon issuance by the department of an immediate
457final order to the permitholder, the permitholder fails to
458remove and destroy the plants subject to the special permit
459within 60 days after issuance of the order, or such shorter
460period as is designated in the order as public health, safety,
461or welfare requires, the department may enter the cultivated
462acreage and remove and destroy the plants that are the subject
463of the special permit. If the permitholder makes a written
464request to the department for an extension of time to remove and
465destroy the plants that demonstrates specific facts showing why
466the plants could not reasonably be removed and destroyed in the
467applicable timeframe, the department may extend the time for
468removing and destroying plants subject to a special permit. The
469reasonable costs and expenses incurred by the department for
470removing and destroying plants subject to a special permit shall
471be reimbursed to the department by the permitholder within 21
472days after the date the permitholder and the surety company or
473financial institution are served a copy of the department's
474invoice for the costs and expenses incurred by the department to
475remove and destroy the cultivated plants, along with a notice of
476administrative rights, unless the permitholder or the surety
477company or financial institution object to the reasonableness of
478the invoice. In the event of an objection, the permitholder or
479surety company or financial institution is entitled to an
480administrative proceeding as provided by chapter 120. Upon entry
481of a final order determining the reasonableness of the incurred
482costs and expenses, the permitholder shall have 15 days
483following service of the final order to reimburse the
484department. Failure of the permitholder to timely reimburse the
485department for the incurred costs and expenses entitles the
486department to reimbursement from the applicable bond or
487certificate of deposit.
488     (e)  Each permitholder shall maintain for each separate
489growing location a bond or a certificate of deposit in an amount
490determined by the department, but not less than 150 percent of
491the estimated cost of removing and destroying the cultivated
492plants. The bond or certificate of deposit may not exceed $5,000
493per acre, unless a higher amount is determined by the department
494to be necessary to protect the public health, safety, and
495welfare or unless an exemption is granted by the department
496based on conditions specified in the application which would
497preclude the department from incurring the cost of removing and
498destroying the cultivated plants and would prevent injury to the
499public health, safety, and welfare. The aggregate liability of
500the surety company or financial institution to all persons for
501all breaches of the conditions of the bond or certificate of
502deposit may not exceed the amount of the bond or certificate of
503deposit. The original bond or certificate of deposit required by
504this subsection shall be filed with the department. A surety
505company shall give the department 30 days' written notice of
506cancellation, by certified mail, in order to cancel a bond.
507Cancellation of a bond does not relieve a surety company of
508liability for paying to the department all costs and expenses
509incurred or to be incurred for removing and destroying the
510permitted plants covered by an immediate final order authorized
511under paragraph (c). A bond or certificate of deposit must be
512provided or assigned in the exact name in which an applicant
513applies for a special permit. The penal sum of the bond or
514certificate of deposit to be furnished to the department by a
515permitholder in the amount specified in this paragraph must
516guarantee payment of the costs and expenses incurred or to be
517incurred by the department for removing and destroying the
518plants cultivated under the issued special permit. The bond or
519certificate of deposit assignment or agreement must be upon a
520form prescribed or approved by the department and must be
521conditioned to secure the faithful accounting for and payment of
522all costs and expenses incurred by the department for removing
523and destroying all plants cultivated under the special permit.
524The bond or certificate of deposit assignment or agreement must
525include terms binding the instrument to the Commissioner of
526Agriculture. Such certificate of deposit shall be presented with
527an assignment of the permitholder's rights in the certificate in
528favor of the Commissioner of Agriculture on a form prescribed by
529the department and with a letter from the issuing institution
530acknowledging that the assignment has been properly recorded on
531the books of the issuing institution and will be honored by the
532issuing institution. Such assignment is irrevocable while a
533special permit is in effect and for an additional period of 6
534months after termination of the special permit if operations to
535remove and destroy the permitted plants are not continuing and
536if the department's invoice remains unpaid by the permitholder
537under the issued immediate final order. If operations to remove
538and destroy the plants are pending, the assignment remains in
539effect until all plants are removed and destroyed and the
540department's invoice has been paid. The bond or certificate of
541deposit may be released by the assignee of the surety company or
542financial institution to the permitholder, or to the
543permitholder's successors, assignee, or heirs, if operations to
544remove and destroy the permitted plants are not pending and no
545invoice remains unpaid at the conclusion of 6 months after the
546last effective date of the special permit. The department may
547not accept a certificate of deposit that contains any provision
548that would give to any person any prior rights or claim on the
549proceeds or principal of such certificate of deposit. The
550department shall determine by rule whether an annual bond or
551certificate of deposit will be required. The amount of such bond
552or certificate of deposit shall be increased, upon order of the
553department, at any time if the department finds such increase to
554be warranted by the cultivating operations of the permitholder.
555In the same manner, the amount of such bond or certificate of
556deposit may be decreased when a decrease in the cultivating
557operations warrants such decrease. This paragraph applies to any
558bond or certificate of deposit, regardless of the anniversary
559date of its issuance, expiration, or renewal.
560     (f)  In order to carry out the purposes of this subsection,
561the department or its agents may require from any permitholder
562verified statements of the cultivated acreage subject to the
563special permit and may review the permitholder's business or
564cultivation records at her or his place of business during
565normal business hours in order to determine the acreage
566cultivated. The failure of a permitholder to furnish such
567statement, to make such records available, or to make and
568deliver a new or additional bond or certificate of deposit is
569cause for suspension of the special permit. If the department
570finds such failure to be willful, the special permit may be
571revoked.
572     Section 17.  Subsection (3) of section 585.002, Florida
573Statutes, is amended to read:
574     585.002  Department control; continuance of powers, duties,
575rules, orders, etc.--
576     (3)  The department, to the exclusion of all other state
577agencies, shall have regulatory authority over the possession,
578control, care, and maintenance of ostriches, emus, and rheas,
579and bison domesticated and confined for commercial farming
580purposes, except those kept and maintained on hunting preserves
581or game farms or primarily for exhibition purposes in zoos,
582carnivals, circuses, and other such establishments where such
583species are kept for display to the public for a fee.
584     Section 18.  Subsection (2) and paragraph (c) of subsection
585(3) of section 590.125, Florida Statutes, are amended to read:
586     590.125  Open burning authorized by the division.--
587     (2)  NONCERTIFIED BURNING.--
588     (a)  Persons may be authorized to burn wild land or
589vegetative land-clearing debris in accordance with this
590subsection if:
591     1.  There is specific consent of the landowner or his or
592her designee;
593     2.  Authorization has been obtained from the division or
594its designated agent before starting the burn;
595     3.  There are adequate firebreaks at the burn site and
596sufficient personnel and firefighting equipment for the control
597of the fire;
598     4.  The fire remains within the boundary of the authorized
599area;
600     5.  Someone is present at the burn site until the fire is
601extinguished;
602     6.  The division does not cancel the authorization; and
603     7.  The division determines that air quality and fire
604danger are favorable for safe burning.
605
606If a request for a burn permit is denied at any time or for any
607reason, the division must obtain, if possible, two telephone
608numbers from the person requesting the burn permit. Upon the
609return of conditions allowing for the issuance of a permit, the
610division must make at least two attempts to notify the person
611that an authorization may be granted.
612     (b)  A person who burns wild land or vegetative land-
613clearing debris in a manner that violates any requirement of
614this subsection commits a misdemeanor of the second degree,
615punishable as provided in s. 775.082 or s. 775.083.
616     (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
617PURPOSE.--
618     (c)  Neither a property owner nor or his or her agent is
619neither liable pursuant to s. 590.13 for damage or injury caused
620by the fire or resulting smoke or nor considered to be in
621violation of subsection (2) for burns conducted in accordance
622with this subsection unless gross negligence is proven.
623     Section 19.  Assessment of obsolete agricultural
624equipment.--
625     (1)  For purposes of assessment for ad valorem property
626taxes, obsolete agricultural equipment shall be deemed to have a
627market value no greater than its value for salvage. As used in
628this section, the term "agricultural equipment" means any
629equipment that qualifies for the sales tax exemption provided in
630s. 212.08(3), Florida Statutes, wherever purchased. Agricultural
631equipment shall be considered obsolete for purposes of this
632section if it is no longer commonly used by the taxpayer in
633agricultural production.
634     (2)  Any taxpayer claiming the right of assessment for ad
635valorem taxes under the provisions of this section shall so
636state in a return filed as provided by law, giving a brief
637description of the equipment and its use. The property appraiser
638may require the taxpayer to produce any additional information
639as necessary in order to establish the taxpayer's right to have
640such property classified as obsolete under this section for
641purposes of the assessment.
642     Section 20.  If any provision of this act or the
643application thereof to any person or circumstances is held
644invalid, the invalidity shall not affect other provisions or
645applications of the act which can be given effect without the
646invalid provision or application and, to this end, the
647provisions of this act are declared severable.
648     Section 21.  This act shall take effect July 1, 2005.


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

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