HB 1717CS


1The State Resources Council recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to agriculture; amending s. 193.451, F.S.;
7clarifying the value for purpose of assessment for ad
8valorem taxes of certain property leased by the Department
9of Agriculture and Consumer Services; providing intent for
10retroactive application; amending s. 212.02, F.S.;
11revising definitions relating to farm equipment; amending
12s. 212.08, F.S.; conforming terminology; amending ss.
13372.921 and 372.922, F.S.; conforming provisions relating
14to regulatory authority over the possession, control,
15care, and maintenance of bison; creating s. 450.175, F.S.;
16providing a part title; repealing s. 450.211, F.S.,
17relating to the advisory committee for the Legislative
18Commission on Migrant Labor; amending s. 487.2031, F.S.;
19revising definition of the term "material safety data
20sheet" for purposes of the Florida Agricultural Worker
21Safety Act; creating s. 487.2042, F.S.; providing for
22investigation of complaints; providing criteria for the
23commencement of an investigation; providing for exemption
24from civil liability under certain circumstances;
25providing penalties for making a false complaint; amending
26s. 502.014, F.S.; deleting a duty of the department
27relating to issuance of a temporary marketing permit for
28milk and milk products and a fee therefor; amending s.
29502.091, F.S.; deleting reference to a milk type no longer
30produced; amending s. 503.011, F.S.; updating a reference
31in the definition of "frozen desserts"; amending s.
32531.39, F.S.; deleting an outdated reference relating to
33state standards for weights and measures; amending s.
34531.47, F.S.; revising provisions relating to packages on
35which information is required; amending s. 531.49, F.S.;
36revising provisions relating to advertising packaged
37commodities; amending s. 570.07, F.S.; clarifying the
38power of the department relating to standards and fines;
39providing an additional power of the department; creating
40s. 570.076, F.S.; authorizing the department to adopt
41rules establishing the Environmental Stewardship
42Certification Program; providing program standards;
43providing requirements for receipt of an agricultural
44certification; authorizing the Soil and Water Conservation
45Council to develop and recommend additional criteria;
46authorizing the department and the Institute of Food and
47Agricultural Sciences at the University of Florida to
48develop, deliver, and certify completion of a curriculum;
49authorizing agreements with third-party providers to
50administer or implement the program; amending s. 570.9135,
51F.S.; correcting a reference; amending s. 570.952, F.S.;
52revising the membership of the Florida Agriculture Center
53and Horse Park Authority; providing criteria for
54expiration of terms; deleting requirement of submission of
55information to the Legislature; amending s. 581.011, F.S.;
56defining the term "invasive plant"; amending s. 581.083,
57F.S.; prohibiting the cultivation of nonnative plants for
58purposes of fuel production or purposes other than
59agriculture in plantings greater than a specified size,
60except under a special permit issued by the department;
61providing an exemption; requiring application for a
62special permit and a fee therefor; requiring an applicant
63to show proof of security through a bond or certificate of
64deposit; defining the term "certificate of deposit";
65requiring removal and destruction of plants under certain
66circumstances; specifying circumstances under which the
67department may issue a final order for plant removal and
68destruction; requiring reimbursement of costs and expenses
69for plant removal and destruction by the department;
70providing requirements for maintenance of a bond or
71certificate of deposit by a permitholder; providing
72requirements relating to assignment and cancellation of a
73bond or certificate of deposit; authorizing requirement
74for an annual bond or certificate of deposit and an
75increase or decrease in the amount of security required;
76authorizing the department to verify statements and
77accounts with respect to cultivated acreage; providing for
78suspension or revocation of a special permit under certain
79circumstances; amending s. 585.002, F.S.; providing for
80department regulatory authority over the possession,
81control, care, and maintenance of bison; providing an
82exception; amending s. 590.125, F.S.; clarifying liability
83with respect to prescribed burning; providing for obsolete
84agricultural equipment to be assessed at its salvage value
85for purposes of ad valorem taxation; defining the term
86"agricultural equipment"; providing a procedure for a
87taxpayer to claim the right of assessment; authorizing the
88property appraiser to require information establishing a
89taxpayer's right to the classification; providing
90severability; providing an effective date.
92Be It Enacted by the Legislature of the State of Florida:
94     Section 1.  Subsection (3) is added to section 193.451,
95Florida Statutes, to read:
96     193.451  Annual growing of agricultural crops, nonbearing
97fruit trees, nursery stock; taxability.--
98     (3)  Personal property leased or subleased by the
99Department of Agriculture and Consumer Services and utilized in
100the inspection, grading, or classification of citrus fruit shall
101be deemed to have value for purposes of assessment for ad
102valorem property taxes no greater than its market value as
103salvage. It is the expressed intent of the Legislature that this
104subsection shall have retroactive application to December 31,
106     Section 2.  Subsections (30) through (34) of section
107212.02, Florida Statutes, are amended to read:
108     212.02  Definitions.--The following terms and phrases when
109used in this chapter have the meanings ascribed to them in this
110section, except where the context clearly indicates a different
112     (30)  "Power Self-propelled farm equipment" means moving or
113stationary equipment that contains within itself the means for
114its own propulsion or power and, including, but not limited to,
116     (31)  "Power-drawn farm equipment" means equipment that is
117pulled, dragged, or otherwise attached to self-propelled
118equipment, including, but not limited to, disks, harrows, hay
119balers, and mowers.
120     (32)  "Power-driven farm equipment" means moving or
121stationary equipment that is dependent upon an external power
122source to perform its functions function, including, but not
123limited to, conveyors, augers, feeding systems, and pumps.
124     (31)(33)  "Forest" means the land stocked by trees of any
125size used in the production of forest products, or formerly
126having such tree cover, and not currently developed for
127nonforest use.
128     (32)(34)  "Agricultural production" means the production of
129plants and animals useful to humans, including the preparation,
130planting, cultivating, or harvesting of these products or any
131other practices necessary to accomplish production through the
132harvest phase, and includes aquaculture, horticulture,
133floriculture, viticulture, forestry, dairy, livestock, poultry,
134bees, and any and all forms of farm products and farm
136     Section 3.  Subsection (3) of section 212.08, Florida
137Statutes, is amended to read:
138     212.08  Sales, rental, use, consumption, distribution, and
139storage tax; specified exemptions.--The sale at retail, the
140rental, the use, the consumption, the distribution, and the
141storage to be used or consumed in this state of the following
142are hereby specifically exempt from the tax imposed by this
145shall be taxable at the rate of 2.5 percent the sale, rental,
146lease, use, consumption, or storage for use in this state of
147power self-propelled, power-drawn, or power-driven farm
148equipment used exclusively on a farm or in a forest in the
149agricultural production of crops or products as produced by
150those agricultural industries included in s. 570.02(1), or for
151fire prevention and suppression work with respect to such crops
152or products. Harvesting may not be construed to include
153processing activities. This exemption is not forfeited by moving
154farm equipment between farms or forests. However, this exemption
155shall not be allowed unless the purchaser, renter, or lessee
156signs a certificate stating that the farm equipment is to be
157used exclusively on a farm or in a forest for agricultural
158production or for fire prevention and suppression, as required
159by this subsection. Possession by a seller, lessor, or other
160dealer of a written certification by the purchaser, renter, or
161lessee certifying the purchaser's, renter's, or lessee's
162entitlement to an exemption permitted by this subsection
163relieves the seller from the responsibility of collecting the
164tax on the nontaxable amounts, and the department shall look
165solely to the purchaser for recovery of such tax if it
166determines that the purchaser was not entitled to the exemption.
167     Section 4.  Subsection (8) of section 372.921, Florida
168Statutes, is amended to read:
169     372.921  Exhibition or sale of wildlife.--
170     (8)  This section shall not apply to the possession,
171control, care, and maintenance of ostriches, emus, and rheas,
172and bison domesticated and confined for commercial farming
173purposes, except those kept and maintained on hunting preserves
174or game farms or primarily for exhibition purposes in zoos,
175carnivals, circuses, and other such establishments where such
176species are kept primarily for display to the public.
177     Section 5.  Subsection (6) of section 372.922, Florida
178Statutes, is amended to read:
179     372.922  Personal possession of wildlife.--
180     (6)  This section shall not apply to the possession,
181control, care, and maintenance of ostriches, emus, and rheas,
182and bison domesticated and confined for commercial farming
183purposes, except those kept and maintained on hunting preserves
184or game farms or primarily for exhibition purposes in zoos,
185carnivals, circuses, and other such establishments where such
186species are kept primarily for display to the public.
187     Section 6.  Section 450.175, Florida Statutes, is created
188to read:
189     450.175  Part title.--Part II of this chapter may be cited
190as the "Alfredo Bahena Act."
191     Section 7.  Section 450.211, Florida Statutes, is repealed.
192     Section 8.  Subsection (7) of section 487.2031, Florida
193Statutes, is amended to read:
194     487.2031  Definitions.--For the purposes of this part, the
196     (7)  "Material safety data sheet" means written,
197electronic, or printed material concerning an agricultural
198pesticide that sets forth the following information:
199     (a)  The chemical name and the common name of the
200agricultural pesticide.
201     (b)  The hazards or other risks in the use of the
202agricultural pesticide, including:
203     1.  The potential for fire, explosions, corrosivity, and
205     2.  The known acute health effects and chronic health
206effects of exposure to the agricultural pesticide, including
207those medical conditions that are generally recognized as being
208aggravated by exposure to the agricultural pesticide.
209     3.  The primary routes of entry and symptoms of
211     (c)  The proper handling practices, necessary personal
212protective equipment, and other proper or necessary safety
213precautions in circumstances that involve the use of or exposure
214to the agricultural pesticide, including appropriate emergency
215treatment in case of overexposure.
216     (d)  The emergency procedures for spills, fire, disposal,
217and first aid.
218     (e)  A description of the known specific potential health
219risks posed by the agricultural pesticide, which is written in
220lay terms and is intended to alert any person who reads the
222     (f)  The year and month, if available, that the information
223was compiled and the name, address, and emergency telephone
224number of the manufacturer responsible for preparing the
226     Section 9.  Section 487.2042, Florida Statutes, is created
227to read:
228     487.2042  Submission and investigation of complaints.--
229     (1)  The department shall cause to be investigated any
230complaint which is filed under this part if the complaint is in
231writing, signed by the complainant, and is legally sufficient. A
232complaint is legally sufficient if it contains ultimate facts
233which show that a violation of this part, or the rules adopted
234under this part, may have occurred. In order to determine legal
235sufficiency, the department may require supporting information
236or documentation. The department may investigate an anonymous
237complaint or a complaint made by a confidential informant if the
238complaint is in writing and is legally sufficient, if the
239alleged violation of law or rules is substantial, and if the
240department has reason to believe, after preliminary inquiry,
241that the alleged violations in the complaint are true. The
242department may initiate an investigation if it has reasonable
243cause to believe that a person has violated this part or the
244rules adopted under this part.
245     (2)  A privilege against civil liability is hereby granted
246to any complainant or any witness with regard to information
247furnished with respect to any investigation or proceeding
248pursuant to this part, unless the complainant or witness acted
249in bad faith or with malice in providing such information.
250     (3)  Whoever knowingly makes a false complaint in writing
251under this part commits a misdemeanor of the second degree,
252punishable as provided in s. 775.082, s. 775.083, or s. 837.06.
253     Section 10.  Section 502.014, Florida Statutes, is amended
254to read:
255     502.014  Powers and duties.--
256     (1)  The department shall administer and enforce all
257regulatory laws currently in effect governing:
258     (a)  The production, processing, and distribution of milk
259and milk products.
260     (b)  The sanitation and sanitary practices of
261establishments where food and drink, including milk and milk
262products, are sold for consumption on the premises, except food
263service establishments regulated under chapters 381 and 509.
264     (c)  The sanitary and healthful condition of the food and
265drink sold or offered for sale by establishments under the
266department's jurisdiction pursuant to paragraph (b).
267     (d)  The laboratory work of testing and analyzing milk and
268milk products.
269     (2)(a)  The department shall conduct onsite inspections of
270dairy farms and milk plants, and collect test samples of milk
271and milk products, as required by this chapter.
272     (b)  The department shall designate employees who shall be
273certified by the United States Food and Drug Administration as
274state milk sanitation rating officers, sampling surveillance
275officers, and laboratory evaluation officers in accordance with
276the requirements published in "Methods of Making Sanitation
277Ratings of Milk Supplies," "Evaluation of Milk Laboratories,"
278and "Procedures Governing the Cooperative State-Public Health
279Service/Food and Drug Administration Program for Certification
280of Interstate Milk Shippers," respectively, as adopted by
281department rule. These officers shall conduct routine sanitation
282compliance survey ratings of milk producers, milk plants,
283laboratories, receiving stations, transfer stations, and
284manufacturers of single-service containers for milk and milk
285products. These ratings shall be made in accordance with the
286recommendations of the United States Food and Drug
287Administration published in Standard Methods for the Examination
288of Dairy Products.
289     (3)  The department shall manage a program to issue permits
290to persons who test milk or milk products for milkfat content by
291weight, volume, chemical, electronic, or other means when the
292result of such test is used as a basis for payment for the milk
293or milk products.
294     (4)  The department shall define by rule "cottage cheese,"
295"dry-curd cottage cheese," and "lowfat cottage cheese." The
296department shall periodically update these definitions to
297maintain conformity with the federal definitions.
298     (5)(a)  The department shall adopt criteria for issuance of
299a state temporary marketing permit for milk and milk products
300that do not conform to existing standards and definitions.
301     (b)  The department shall establish a fee, not to exceed
302$100, for the issuance of a state temporary marketing permit or
303the use of a federal permit in the state. The fee shall cover
304all costs of issuing the state permit or processing the federal
306     (5)(6)  The department may impound any reconstituted or
307recombined milk or any adulterated or misbranded milk or milk
308product to prevent its use for human consumption, and may
309dispose of it in a manner that does not create a nuisance.
310     (6)(7)  The department has authority to adopt rules
311pursuant to ss. 120.536(1) and 120.54 to implement and enforce
312the provisions of this chapter. In adopting these rules, the
313department shall be guided by and may conform to the definitions
314and standards of the administrative procedures and provisions of
315the pasteurized milk ordinance. The rules shall include, but are
316not limited to:
317     (a)  Standards for milk and milk products.
318     (b)  Provisions for the production, transportation,
319processing, handling, sampling, examination, grading, labeling,
320and sale of all milk and milk products and imitation and
321substitute milk and milk products sold for public consumption in
322this state.
323     (c)  Provisions for the inspection of dairy herds, dairy
324farms, and milk plants.
325     (d)  Provisions for the issuance and revocation of permits
326issued by the department pursuant to this chapter.
327     (7)(8)  The department shall not conduct routine tests or
328inspections on raw milk that is shipped from outside the state.
329Nothing in this subsection shall be construed to limit the
330authority of the department to review industry records or sample
331milk at any stage of production, processing, or distribution in
332cases of suspected hazard to public health.
333     Section 11.  Subsection (1) of section 502.091, Florida
334Statutes, is amended to read:
335     502.091  Milk and milk products which may be sold.--
336     (1)  Only Grade A pasteurized milk and milk products or
337certified pasteurized milk shall be sold to the final consumer
338or to restaurants, soda fountains, grocery stores, or similar
340     (a)  In an emergency, however, the department may authorize
341the sale of reconstituted pasteurized milk products, or
342pasteurized milk and milk products that have not been graded or
343the grade of that is unknown, in which case such milk and milk
344products shall be appropriately labeled, as determined by the
346     (b)  If the department determines that milk is fit for
347human consumption even though it is less than Grade A because
348the producer failed to comply with the sanitation or bacterial
349standards defined in this chapter, or if any specific shipment
350of milk fails to comply with standards of the pasteurized milk
351ordinance, the department may issue a permit allowing the milk
352to be used in ungraded products, such as frozen desserts, which
353are being processed by such milk plant. During processing of
354such milk, it shall be pasteurized at a temperature of at least
355175° F. for at least 15 seconds or at least 160° F. for at least
356least 30 minutes.
357     Section 12.  Subsection (2) of section 503.011, Florida
358Statutes, is amended to read:
359     503.011  Definitions.--The following definitions shall
360apply in the interpretation and enforcement of this chapter:
361     (2)  "Frozen desserts" means the foods which conform to the
362provisions of "definitions and standards of identity for frozen
363desserts," United States Food and Drug Administration, 21 C.F.R.
364part 135 (2004) (1990), and foods, defined by rule of the
365department, which resemble but do not conform to federal
366definitions. The term also includes, but is not limited to,
367"quiescently frozen confection," "quiescently frozen dairy
368confection," and "frozen dietary dairy dessert and frozen
369dietary dessert."
370     Section 13.  Section 531.39, Florida Statutes, is amended
371to read:
372     531.39  State standards.--Weights and measures that are
373traceable to the United States prototype standards supplied by
374the Federal Government (Pub. L. No. 89-164, 1965), or approved
375as being satisfactory by the National Institute of Standards and
376Technology, shall be the state primary standards of weights and
377measures, and shall be maintained in such calibration as
378prescribed by the National Institute of Standards and
379Technology. In addition, there shall be provided by the state
380such secondary standards as may be necessary to carry out the
381provisions of this chapter. The secondary standards shall be
382verified upon their initial receipt and as often thereafter as
383deemed necessary by the department.
384     Section 14.  Section 531.47, Florida Statutes, is amended
385to read:
386     531.47  Information required on packages.--Except as
387otherwise provided in this chapter or by rules adopted pursuant
388thereto, any package introduced in intrastate commerce, kept for
389the purpose of sale, or offered or exposed for sale in
390intrastate commerce shall bear on the outside of the package a
391definite, plain, and conspicuous declaration of:
392     (1)  The identity of the commodity in the package, unless
393the same can easily be identified through the wrapper or
395     (2)  The net quantity of contents in terms of weight,
396measure, or count.
397     (3)  The name and place of business of the manufacturer,
398packer, or distributor, in the case of any package kept or
399offered or exposed for sale or sold in any place other than on
400the premises where packed.
401     Section 15.  Section 531.49, Florida Statutes, is amended
402to read:
403     531.49  Advertising packages for sale.--Whenever a packaged
404commodity is advertised in any manner with the retail price
405stated, there shall be closely and conspicuously associated with
406the retail price a declaration of quantity as is required by law
407or rule to appear on the package. When a dual declaration is
408required, only the declaration that sets forth the quantity in
409terms of the smaller unit of weight or measure need appear in
410the advertisement.
411     Section 16.  Subsection (16) of section 570.07, Florida
412Statutes, is amended, and subsection (41) is added to said
413section, to read:
414     570.07  Department of Agriculture and Consumer Services;
415functions, powers, and duties.--The department shall have and
416exercise the following functions, powers, and duties:
417     (16)  To enforce the state laws and rules relating to:
418     (a)  Fruit and vegetable inspection and grading;
419     (b)  Pesticide spray, residue inspection, and removal;
420     (c)  Registration, labeling, inspection, and analysis of
421commercial stock feeds and commercial fertilizers;
422     (d)  Classification, inspection, and sale of poultry and
424     (e)  Registration, inspection, and analysis of gasolines
425and oils;
426     (f)  Registration, labeling, inspection, and analysis of
428     (g)  Registration, labeling, inspection, germination
429testing, and sale of seeds, both common and certified;
430     (h)  Weights, measures, and standards;
431     (i)  Foods, as set forth in the Florida Food Safety Act;
432     (j)  Inspection and certification of honey;
433     (k)  Sale of liquid fuels;
434     (l)  Licensing of dealers in agricultural products;
435     (m)  Administration and enforcement of all regulatory
436legislation applying to milk and milk products, ice cream, and
437frozen desserts;
438     (n)  Recordation and inspection of marks and brands of
439livestock; and
440     (o)  All other regulatory laws relating to agriculture.
442Notwithstanding any other law or local ordinance to the
443contrary, and to ensure uniform health and safety standards, the
444adoption of standards and fines in the subject areas of
445paragraphs (a)-(o) is expressly preempted to the state and the
446department. Any local government enforcing the subject areas of
447paragraphs (a)-(o) must use the standards and fines set forth in
448the pertinent statutes or any rules adopted by the department
449pursuant to those statutes.
450     (41)  Notwithstanding any other provision of law, to use
451any program for on-line procurement of commodities or
452contractual services, but not be obligated to do so.
453     Section 17.  Section 570.076, Florida Statutes, is created
454to read:
455     570.076  Environmental Stewardship Certification
456Program.--The department may, by rule, establish the
457Environmental Stewardship Certification Program consistent with
458this section. A rule adopted under this section must be
459developed in consultation with state universities, agricultural
460organizations, and other interested parties.
461     (1)  The program must:
462     (a)  Be integrated, to the maximum extent practicable, with
463programs that are sponsored by agricultural organizations or
464state universities.
465     (b)  Be designed to recognize and promote agricultural
466operations or homeowner practices that demonstrate exemplary
467resource management that is related to environmental
469     (c)  Include a process to periodically review a
470certification to ensure compliance with the program
471requirements, including implementation by the certificateholder.
472     (d)  Require periodic continuing education in relevant
473environmental stewardship issues in order to maintain
475     (2)  The department shall provide an agricultural
476certification under this program for implementation of one or
477more of the following criteria:
478     (a)  A voluntary agreement between an agency and an
479agricultural producer for environmental improvement or water-
480resource protection.
481     (b)  A conservation plan that meets or exceeds the
482requirements of the United States Department of Agriculture.
483     (c)  Best management practices adopted by rule pursuant to
484s. 403.067(7)(d) or s. 570.085(2).
485     (3)  The Soil and Water Conservation Council created by s.
486582.06 may develop and recommend to the department for adoption
487additional criteria for receipt of an agricultural certification
488which may include, but not be limited to:
489     (a)  Comprehensive management of all on-farm resources.
490     (b)  Promotion of environmental awareness and responsible
491resource stewardship in agricultural or urban communities.
492     (c)  Completion of a curriculum of study that is related to
493environmental issues and regulation.
494     (4)  If needed, the department and the Institute of Food
495and Agricultural Sciences at the University of Florida may
496jointly develop a curriculum that provides instruction
497concerning environmental issues pertinent to agricultural
498certification and deliver such curriculum to, and certify its
499completion by, any person seeking certification or to maintain
501     (5)  The department may enter into agreements with third-
502party providers to administer or implement all or part of the
504     Section 18.  Paragraph (a) of subsection (4) of section
505570.9135, Florida Statutes, is amended to read:
506     570.9135  Beef Market Development Act; definitions; Florida
507Beef Council, Inc., creation, purposes, governing board, powers,
508and duties; referendum on assessments imposed on gross receipts
509from cattle sales; payments to organizations for services;
510collecting and refunding assessments; vote on continuing the
511act; council bylaws.--
513     (a)  There is created the Florida Beef Council, Inc., a
514not-for-profit corporation organized under the laws of this
515state and operating as a direct-support direct-service
516organization of the department.
517     Section 19.  Subsections (2) and (5) of section 570.952,
518Florida Statutes, are amended to read:
519     570.952  Florida Agriculture Center and Horse Park
521     (2)  The authority shall be composed of 21 members
522appointed by the commissioner.
523     (a)  Members shall include:
524     1.  Three citizens-at-large, who shall represent the views
525of the general public toward agriculture and equine activities
526in the state.
527     2.  One representative from the Department of Agriculture
528and Consumer Services.
529     3.  One representative from Enterprise Florida, Inc.
530     4.  One representative from the Department of Environmental
531Protection, Office of Greenways and Trails.
532     5.  One member of the Ocala/Marion County Chamber of
534     6.  Two representatives of the tourism or hospitality
536     7.  Three representatives of the commercial agriculture
538     8.  Three representatives from recognized horse breed
540     9.  One representative of the veterinary industry.
541     10.  Three representatives from the competitive equine
543     11.  One representative from the horse pleasure and trail
544riding industry.
545     12.  One representative recommended by the Board of County
546Commissioners of Marion County.
547     (a)(b)  Initially, the commissioner shall appoint 11
548members for 4-year terms and 10 members for 2-year terms.
549Thereafter, each member shall be appointed for a term of 4 years
550from the date of appointment, except that a vacancy shall be
551filled by appointment for the remainder of the term.
552     (b)(c)  Any member of the authority who fails to attend
553three consecutive authority meetings without good cause shall be
554deemed to have resigned from the authority. The commissioner
555shall appoint a person representing the same interest or trade
556as the resigning member. Current members shall continue to serve
557until successors are appointed.
558     (c)  Terms for members appointed prior to July 1, 2005,
559shall expire on July 1, 2005.
560     (5)  The commissioner shall submit information annually to
561the Speaker of the House of Representatives and the President of
562the Senate reporting the activities of the Florida Agriculture
563Center and Horse Park Authority and the progress of the Florida
564Agriculture Center and Horse Park, including, but not limited
565to, pertinent planning, budgeting, and operational information
566concerning the authority.
567     Section 20.  Subsections (15) through (29) of section
568581.011, Florida Statutes, are renumbered as subsections (16)
569through (30), respectively and a new subsection (15) is added to
570said section to read:
571     581.011  Definitions.--As used in this chapter:
572     (15)  "Invasive plant" means a naturalized exotic plant
573that disrupts naturally occurring native plant communities.
574     Section 21.  Subsection (4) is added to section 581.083,
575Florida Statutes, to read:
576     581.083  Introduction or release of plant pests, noxious
577weeds, or organisms affecting plant life; cultivation of
578nonnative plants; special permit and security required.--
579     (4)  A person may not cultivate a nonnative plant,
580including a genetically engineered plant or a plant that has
581been introduced, for purposes of fuel production or purposes
582other than agriculture in plantings greater in size than 2
583contiguous acres, except under a special permit issued by the
584department through the division, which is the sole agency
585responsible for issuing such special permits. Such a permit
586shall not be required if the department determines, in
587conjunction with the Institute of Food and Agricultural Sciences
588at the University of Florida, that the plant is not invasive and
589subsequently exempts the plant by rule.
590     (a)1.  Each application for a special permit must be
591accompanied by a fee as described in subsection (2) and proof
592that the applicant has obtained a bond in the form approved by
593the department and issued by a surety company admitted to do
594business in this state or a certificate of deposit. The
595application must include, on a form provided by the department,
596the name of the applicant and the applicant's address or the
597address of the applicant's principal place of business; a
598statement completely identifying the nonnative plant to be
599cultivated; and a statement of the estimated cost of removing
600and destroying the plant that is the subject of the special
601permit and the basis for calculating or determining that
602estimate. If the applicant is a corporation, partnership, or
603other business entity, the applicant must also provide in the
604application the name and address of each officer, partner, or
605managing agent. The applicant shall notify the department within
60610 business days of any change of address or change in the
607principal place of business. The department shall mail all
608notices to the applicant's last known address.
609     2.  As used in this subsection, the term "certificate of
610deposit" means a certificate of deposit at any recognized
611financial institution doing business in the United States. The
612department may not accept a certificate of deposit in connection
613with the issuance of a special permit unless the issuing
614institution is properly insured by the Federal Deposit Insurance
615Corporation or the Federal Savings and Loan Insurance
617     (b)  Upon obtaining a permit, the permitholder may annually
618cultivate and maintain the nonnative plants as authorized by the
619special permit. If the permitholder ceases to maintain or
620cultivate the plants authorized by the special permit, if the
621permit expires, or if the permitholder ceases to abide by the
622conditions of the special permit, the permitholder shall
623immediately remove and destroy the plants that are subject to
624the permit, if any remain. The permitholder shall notify the
625department of the removal and destruction of the plants within
62610 days after such event.
627     (c)  If the department:
628     1.  Determines that the permitholder is no longer
629maintaining or cultivating the plants subject to the special
630permit and has not removed and destroyed the plants authorized
631by the special permit;
632     2.  Determines that the continued maintenance or
633cultivation of the plants presents an imminent danger to public
634health, safety, or welfare;
635     3.  Determines that the permitholder has exceeded the
636conditions of the authorized special permit; or
637     4.  Receives a notice of cancellation of the surety bond,
639the department may issue an immediate final order, which shall
640be immediately appealable or enjoinable as provided by chapter
641120, directing the permitholder to immediately remove and
642destroy the plants authorized to be cultivated under the special
643permit. A copy of the immediate final order shall be mailed to
644the permitholder and to the surety company or financial
645institution that has provided security for the special permit,
646if applicable.
647     (d)  If, upon issuance by the department of an immediate
648final order to the permitholder, the permitholder fails to
649remove and destroy the plants subject to the special permit
650within 60 days after issuance of the order, or such shorter
651period as is designated in the order as public health, safety,
652or welfare requires, the department may enter the cultivated
653acreage and remove and destroy the plants that are the subject
654of the special permit. If the permitholder makes a written
655request to the department for an extension of time to remove and
656destroy the plants that demonstrates specific facts showing why
657the plants could not reasonably be removed and destroyed in the
658applicable timeframe, the department may extend the time for
659removing and destroying plants subject to a special permit. The
660reasonable costs and expenses incurred by the department for
661removing and destroying plants subject to a special permit shall
662be reimbursed to the department by the permitholder within 21
663days after the date the permitholder and the surety company or
664financial institution are served a copy of the department's
665invoice for the costs and expenses incurred by the department to
666remove and destroy the cultivated plants, along with a notice of
667administrative rights, unless the permitholder or the surety
668company or financial institution object to the reasonableness of
669the invoice. In the event of an objection, the permitholder or
670surety company or financial institution is entitled to an
671administrative proceeding as provided by chapter 120. Upon entry
672of a final order determining the reasonableness of the incurred
673costs and expenses, the permitholder shall have 15 days
674following service of the final order to reimburse the
675department. Failure of the permitholder to timely reimburse the
676department for the incurred costs and expenses entitles the
677department to reimbursement from the applicable bond or
678certificate of deposit.
679     (e)  Each permitholder shall maintain for each separate
680growing location a bond or a certificate of deposit in an amount
681determined by the department, but not less than 150 percent of
682the estimated cost of removing and destroying the cultivated
683plants. The bond or certificate of deposit may not exceed $5,000
684per acre, unless a higher amount is determined by the department
685to be necessary to protect the public health, safety, and
686welfare or unless an exemption is granted by the department
687based on conditions specified in the application which would
688preclude the department from incurring the cost of removing and
689destroying the cultivated plants and would prevent injury to the
690public health, safety, and welfare. The aggregate liability of
691the surety company or financial institution to all persons for
692all breaches of the conditions of the bond or certificate of
693deposit may not exceed the amount of the bond or certificate of
694deposit. The original bond or certificate of deposit required by
695this subsection shall be filed with the department. A surety
696company shall give the department 30 days' written notice of
697cancellation, by certified mail, in order to cancel a bond.
698Cancellation of a bond does not relieve a surety company of
699liability for paying to the department all costs and expenses
700incurred or to be incurred for removing and destroying the
701permitted plants covered by an immediate final order authorized
702under paragraph (c). A bond or certificate of deposit must be
703provided or assigned in the exact name in which an applicant
704applies for a special permit. The penal sum of the bond or
705certificate of deposit to be furnished to the department by a
706permitholder in the amount specified in this paragraph must
707guarantee payment of the costs and expenses incurred or to be
708incurred by the department for removing and destroying the
709plants cultivated under the issued special permit. The bond or
710certificate of deposit assignment or agreement must be upon a
711form prescribed or approved by the department and must be
712conditioned to secure the faithful accounting for and payment of
713all costs and expenses incurred by the department for removing
714and destroying all plants cultivated under the special permit.
715The bond or certificate of deposit assignment or agreement must
716include terms binding the instrument to the Commissioner of
717Agriculture. Such certificate of deposit shall be presented with
718an assignment of the permitholder's rights in the certificate in
719favor of the Commissioner of Agriculture on a form prescribed by
720the department and with a letter from the issuing institution
721acknowledging that the assignment has been properly recorded on
722the books of the issuing institution and will be honored by the
723issuing institution. Such assignment is irrevocable while a
724special permit is in effect and for an additional period of 6
725months after termination of the special permit if operations to
726remove and destroy the permitted plants are not continuing and
727if the department's invoice remains unpaid by the permitholder
728under the issued immediate final order. If operations to remove
729and destroy the plants are pending, the assignment remains in
730effect until all plants are removed and destroyed and the
731department's invoice has been paid. The bond or certificate of
732deposit may be released by the assignee of the surety company or
733financial institution to the permitholder, or to the
734permitholder's successors, assignee, or heirs, if operations to
735remove and destroy the permitted plants are not pending and no
736invoice remains unpaid at the conclusion of 6 months after the
737last effective date of the special permit. The department may
738not accept a certificate of deposit that contains any provision
739that would give to any person any prior rights or claim on the
740proceeds or principal of such certificate of deposit. The
741department shall determine by rule whether an annual bond or
742certificate of deposit will be required. The amount of such bond
743or certificate of deposit shall be increased, upon order of the
744department, at any time if the department finds such increase to
745be warranted by the cultivating operations of the permitholder.
746In the same manner, the amount of such bond or certificate of
747deposit may be decreased when a decrease in the cultivating
748operations warrants such decrease. This paragraph applies to any
749bond or certificate of deposit, regardless of the anniversary
750date of its issuance, expiration, or renewal.
751     (f)  In order to carry out the purposes of this subsection,
752the department or its agents may require from any permitholder
753verified statements of the cultivated acreage subject to the
754special permit and may review the permitholder's business or
755cultivation records at her or his place of business during
756normal business hours in order to determine the acreage
757cultivated. The failure of a permitholder to furnish such
758statement, to make such records available, or to make and
759deliver a new or additional bond or certificate of deposit is
760cause for suspension of the special permit. If the department
761finds such failure to be willful, the special permit may be
763     Section 22.  Subsection (3) of section 585.002, Florida
764Statutes, is amended to read:
765     585.002  Department control; continuance of powers, duties,
766rules, orders, etc.--
767     (3)  The department, to the exclusion of all other state
768agencies, shall have regulatory authority over the possession,
769control, care, and maintenance of ostriches, emus, and rheas,
770and bison domesticated and confined for commercial farming
771purposes, except those kept and maintained on hunting preserves
772or game farms or primarily for exhibition purposes in zoos,
773carnivals, circuses, and other such establishments where such
774species are kept primarily for display to the public.
775     Section 23.  Paragraph (c) of subsection (3) of section
776590.125, Florida Statutes, is amended to read:
777     590.125  Open burning authorized by the division.--
780     (c)  Neither a property owner nor or his or her agent is
781neither liable pursuant to s. 590.13 for damage or injury caused
782by the fire or resulting smoke or nor considered to be in
783violation of subsection (2) for burns conducted in accordance
784with this subsection unless gross negligence is proven.
785     Section 24.  Assessment of obsolete agricultural
787     (1)  For purposes of assessment for ad valorem property
788taxes, obsolete agricultural equipment shall be deemed to have a
789market value no greater than its value for salvage. As used in
790this section, the term "agricultural equipment" means any
791equipment that qualifies for the sales tax exemption provided in
792s. 212.08(3), Florida Statutes, wherever purchased. Agricultural
793equipment shall be considered obsolete for purposes of this
794section if it has been discarded, outmoded, fully depreciated
795over its useful life, or is no longer in general use.
796     (2)  Any taxpayer claiming the right of assessment for ad
797valorem taxes under the provisions of this section shall so
798state in a return filed as provided by law, giving a brief
799description of the equipment and its use. The property appraiser
800may require the taxpayer to produce any additional information
801as necessary in order to establish the taxpayer's right to have
802such property classified as obsolete under this section for
803purposes of the assessment.
804     Section 25.  If any provision of this act or the
805application thereof to any person or circumstances is held
806invalid, the invalidity shall not affect other provisions or
807applications of the act which can be given effect without the
808invalid provision or application and, to this end, the
809provisions of this act are declared severable.
810     Section 26.  This act shall take effect July 1, 2005.

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

Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2021 State of Florida.