January 21, 2021
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_h1717e2
HB 1717

1
A bill to be entitled
2An act relating to agriculture; amending s. 193.451, F.S.;
3clarifying the value for purpose of assessment for ad
4valorem taxes of certain property leased by the Department
5of Agriculture and Consumer Services; providing intent for
6retroactive application; amending ss. 372.921 and 372.922,
7F.S.; conforming provisions relating to regulatory
8authority over the possession, control, care, and
9maintenance of bison; creating s. 450.175, F.S.; providing
10a part title; repealing s. 450.211, F.S., relating to the
11advisory committee for the Legislative Commission on
12Migrant Labor; amending s. 487.2031, F.S.; revising
13definition of the term "material safety data sheet" for
14purposes of the Florida Agricultural Worker Safety Act;
15creating s. 487.2042, F.S.; providing for investigation of
16complaints; providing criteria for the commencement of an
17investigation; providing for exemption from civil
18liability under certain circumstances; providing penalties
19for making a false complaint; amending s. 502.014, F.S.;
20deleting a duty of the department relating to issuance of
21a temporary marketing permit for milk and milk products
22and a fee therefor; amending s. 502.091, F.S.; deleting
23reference to a milk type no longer produced; amending s.
24503.011, F.S.; updating a reference in the definition of
25"frozen desserts"; amending s. 531.39, F.S.; deleting an
26outdated reference relating to state standards for weights
27and measures; amending s. 531.47, F.S.; revising
28provisions relating to packages on which information is
29required; amending s. 531.49, F.S.; revising provisions
30relating to advertising packaged commodities; amending s.
31570.07, F.S.; clarifying the power of the department
32relating to standards and fines; providing an additional
33power of the department; creating s. 570.076, F.S.;
34authorizing the department to adopt rules establishing the
35Environmental Stewardship Certification Program; providing
36program standards; providing requirements for receipt of
37an agricultural certification; authorizing the Soil and
38Water Conservation Council to develop and recommend
39additional criteria; authorizing the department and the
40Institute of Food and Agricultural Sciences at the
41University of Florida to develop, deliver, and certify
42completion of a curriculum; authorizing agreements with
43third-party providers to administer or implement the
44program; amending s. 570.9135, F.S.; correcting a
45reference; amending s. 570.952, F.S.; revising the
46membership of the Florida Agriculture Center and Horse
47Park Authority; providing criteria for expiration of
48terms; deleting requirement of submission of information
49to the Legislature; amending s. 581.011, F.S.; defining
50the term "invasive plant"; amending s. 581.083, F.S.;
51prohibiting the cultivation of nonnative plants for
52purposes of fuel production or purposes other than
53agriculture in plantings greater than a specified size,
54except under a special permit issued by the department;
55providing an exemption; requiring application for a
56special permit and a fee therefor; requiring an applicant
57to show proof of security through a bond or certificate of
58deposit; defining the term "certificate of deposit";
59requiring removal and destruction of plants under certain
60circumstances; specifying circumstances under which the
61department may issue a final order for plant removal and
62destruction; requiring reimbursement of costs and expenses
63for plant removal and destruction by the department;
64providing requirements for maintenance of a bond or
65certificate of deposit by a permitholder; providing
66requirements relating to assignment and cancellation of a
67bond or certificate of deposit; authorizing requirement
68for an annual bond or certificate of deposit and an
69increase or decrease in the amount of security required;
70authorizing the department to verify statements and
71accounts with respect to cultivated acreage; providing for
72suspension or revocation of a special permit under certain
73circumstances; amending s. 585.002, F.S.; providing for
74department regulatory authority over the possession,
75control, care, and maintenance of bison; providing an
76exception; amending s. 590.125, F.S.; clarifying liability
77with respect to prescribed burning; providing
78severability; 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 primarily for display to the public.
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 primarily for display to the public.
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 487.2042, Florida Statutes, is created
154to read:
155     487.2042  Submission and investigation of complaints.--
156     (1)  The department shall cause to be investigated any
157complaint which is filed under this part if the complaint is in
158writing, signed by the complainant, and is legally sufficient. A
159complaint is legally sufficient if it contains ultimate facts
160which show that a violation of this part, or the rules adopted
161under this part, may have occurred. In order to determine legal
162sufficiency, the department may require supporting information
163or documentation. The department may investigate an anonymous
164complaint or a complaint made by a confidential informant if the
165complaint is in writing and is legally sufficient, if the
166alleged violation of law or rules is substantial, and if the
167department has reason to believe, after preliminary inquiry,
168that the alleged violations in the complaint are true. The
169department may initiate an investigation if it has reasonable
170cause to believe that a person has violated this part or the
171rules adopted under this part.
172     (2)  A privilege against civil liability is hereby granted
173to any complainant or any witness with regard to information
174furnished with respect to any investigation or proceeding
175pursuant to this part, unless the complainant or witness acted
176in bad faith or with malice in providing such information.
177     (3)  Whoever knowingly makes a false complaint in writing
178under this part commits a misdemeanor of the second degree,
179punishable as provided in s. 775.082, s. 775.083, or s. 837.06.
180     Section 8.  Section 502.014, Florida Statutes, is amended
181to read:
182     502.014  Powers and duties.--
183     (1)  The department shall administer and enforce all
184regulatory laws currently in effect governing:
185     (a)  The production, processing, and distribution of milk
186and milk products.
187     (b)  The sanitation and sanitary practices of
188establishments where food and drink, including milk and milk
189products, are sold for consumption on the premises, except food
190service establishments regulated under chapters 381 and 509.
191     (c)  The sanitary and healthful condition of the food and
192drink sold or offered for sale by establishments under the
193department's jurisdiction pursuant to paragraph (b).
194     (d)  The laboratory work of testing and analyzing milk and
195milk products.
196     (2)(a)  The department shall conduct onsite inspections of
197dairy farms and milk plants, and collect test samples of milk
198and milk products, as required by this chapter.
199     (b)  The department shall designate employees who shall be
200certified by the United States Food and Drug Administration as
201state milk sanitation rating officers, sampling surveillance
202officers, and laboratory evaluation officers in accordance with
203the requirements published in "Methods of Making Sanitation
204Ratings of Milk Supplies," "Evaluation of Milk Laboratories,"
205and "Procedures Governing the Cooperative State-Public Health
206Service/Food and Drug Administration Program for Certification
207of Interstate Milk Shippers," respectively, as adopted by
208department rule. These officers shall conduct routine sanitation
209compliance survey ratings of milk producers, milk plants,
210laboratories, receiving stations, transfer stations, and
211manufacturers of single-service containers for milk and milk
212products. These ratings shall be made in accordance with the
213recommendations of the United States Food and Drug
214Administration published in Standard Methods for the Examination
215of Dairy Products.
216     (3)  The department shall manage a program to issue permits
217to persons who test milk or milk products for milkfat content by
218weight, volume, chemical, electronic, or other means when the
219result of such test is used as a basis for payment for the milk
220or milk products.
221     (4)  The department shall define by rule "cottage cheese,"
222"dry-curd cottage cheese," and "lowfat cottage cheese." The
223department shall periodically update these definitions to
224maintain conformity with the federal definitions.
225     (5)(a)  The department shall adopt criteria for issuance of
226a state temporary marketing permit for milk and milk products
227that do not conform to existing standards and definitions.
228     (b)  The department shall establish a fee, not to exceed
229$100, for the issuance of a state temporary marketing permit or
230the use of a federal permit in the state. The fee shall cover
231all costs of issuing the state permit or processing the federal
232permit.
233     (5)(6)  The department may impound any reconstituted or
234recombined milk or any adulterated or misbranded milk or milk
235product to prevent its use for human consumption, and may
236dispose of it in a manner that does not create a nuisance.
237     (6)(7)  The department has authority to adopt rules
238pursuant to ss. 120.536(1) and 120.54 to implement and enforce
239the provisions of this chapter. In adopting these rules, the
240department shall be guided by and may conform to the definitions
241and standards of the administrative procedures and provisions of
242the pasteurized milk ordinance. The rules shall include, but are
243not limited to:
244     (a)  Standards for milk and milk products.
245     (b)  Provisions for the production, transportation,
246processing, handling, sampling, examination, grading, labeling,
247and sale of all milk and milk products and imitation and
248substitute milk and milk products sold for public consumption in
249this state.
250     (c)  Provisions for the inspection of dairy herds, dairy
251farms, and milk plants.
252     (d)  Provisions for the issuance and revocation of permits
253issued by the department pursuant to this chapter.
254     (7)(8)  The department shall not conduct routine tests or
255inspections on raw milk that is shipped from outside the state.
256Nothing in this subsection shall be construed to limit the
257authority of the department to review industry records or sample
258milk at any stage of production, processing, or distribution in
259cases of suspected hazard to public health.
260     Section 9.  Subsection (1) of section 502.091, Florida
261Statutes, is amended to read:
262     502.091  Milk and milk products which may be sold.--
263     (1)  Only Grade A pasteurized milk and milk products or
264certified pasteurized milk shall be sold to the final consumer
265or to restaurants, soda fountains, grocery stores, or similar
266establishments.
267     (a)  In an emergency, however, the department may authorize
268the sale of reconstituted pasteurized milk products, or
269pasteurized milk and milk products that have not been graded or
270the grade of that is unknown, in which case such milk and milk
271products shall be appropriately labeled, as determined by the
272department.
273     (b)  If the department determines that milk is fit for
274human consumption even though it is less than Grade A because
275the producer failed to comply with the sanitation or bacterial
276standards defined in this chapter, or if any specific shipment
277of milk fails to comply with standards of the pasteurized milk
278ordinance, the department may issue a permit allowing the milk
279to be used in ungraded products, such as frozen desserts, which
280are being processed by such milk plant. During processing of
281such milk, it shall be pasteurized at a temperature of at least
282175° F. for at least 15 seconds or at least 160° F. for at least
283least 30 minutes.
284     Section 10.  Subsection (2) of section 503.011, Florida
285Statutes, is amended to read:
286     503.011  Definitions.--The following definitions shall
287apply in the interpretation and enforcement of this chapter:
288     (2)  "Frozen desserts" means the foods which conform to the
289provisions of "definitions and standards of identity for frozen
290desserts," United States Food and Drug Administration, 21 C.F.R.
291part 135 (2004) (1990), and foods, defined by rule of the
292department, which resemble but do not conform to federal
293definitions. The term also includes, but is not limited to,
294"quiescently frozen confection," "quiescently frozen dairy
295confection," and "frozen dietary dairy dessert and frozen
296dietary dessert."
297     Section 11.  Section 531.39, Florida Statutes, is amended
298to read:
299     531.39  State standards.--Weights and measures that are
300traceable to the United States prototype standards supplied by
301the Federal Government (Pub. L. No. 89-164, 1965), or approved
302as being satisfactory by the National Institute of Standards and
303Technology, shall be the state primary standards of weights and
304measures, and shall be maintained in such calibration as
305prescribed by the National Institute of Standards and
306Technology. In addition, there shall be provided by the state
307such secondary standards as may be necessary to carry out the
308provisions of this chapter. The secondary standards shall be
309verified upon their initial receipt and as often thereafter as
310deemed necessary by the department.
311     Section 12.  Section 531.47, Florida Statutes, is amended
312to read:
313     531.47  Information required on packages.--Except as
314otherwise provided in this chapter or by rules adopted pursuant
315thereto, any package introduced in intrastate commerce, kept for
316the purpose of sale, or offered or exposed for sale in
317intrastate commerce shall bear on the outside of the package a
318definite, plain, and conspicuous declaration of:
319     (1)  The identity of the commodity in the package, unless
320the same can easily be identified through the wrapper or
321container.
322     (2)  The net quantity of contents in terms of weight,
323measure, or count.
324     (3)  The name and place of business of the manufacturer,
325packer, or distributor, in the case of any package kept or
326offered or exposed for sale or sold in any place other than on
327the premises where packed.
328     Section 13.  Section 531.49, Florida Statutes, is amended
329to read:
330     531.49  Advertising packages for sale.--Whenever a packaged
331commodity is advertised in any manner with the retail price
332stated, there shall be closely and conspicuously associated with
333the retail price a declaration of quantity as is required by law
334or rule to appear on the package. When a dual declaration is
335required, only the declaration that sets forth the quantity in
336terms of the smaller unit of weight or measure need appear in
337the advertisement.
338     Section 14.  Subsection (16) of section 570.07, Florida
339Statutes, is amended, and subsection (41) is added to said
340section, to read:
341     570.07  Department of Agriculture and Consumer Services;
342functions, powers, and duties.--The department shall have and
343exercise the following functions, powers, and duties:
344     (16)  To enforce the state laws and rules relating to:
345     (a)  Fruit and vegetable inspection and grading;
346     (b)  Pesticide spray, residue inspection, and removal;
347     (c)  Registration, labeling, inspection, and analysis of
348commercial stock feeds and commercial fertilizers;
349     (d)  Classification, inspection, and sale of poultry and
350eggs;
351     (e)  Registration, inspection, and analysis of gasolines
352and oils;
353     (f)  Registration, labeling, inspection, and analysis of
354pesticides;
355     (g)  Registration, labeling, inspection, germination
356testing, and sale of seeds, both common and certified;
357     (h)  Weights, measures, and standards;
358     (i)  Foods, as set forth in the Florida Food Safety Act;
359     (j)  Inspection and certification of honey;
360     (k)  Sale of liquid fuels;
361     (l)  Licensing of dealers in agricultural products;
362     (m)  Administration and enforcement of all regulatory
363legislation applying to milk and milk products, ice cream, and
364frozen desserts;
365     (n)  Recordation and inspection of marks and brands of
366livestock; and
367     (o)  All other regulatory laws relating to agriculture.
368
369In order to ensure uniform health and safety standards, the
370adoption of standards and fines in the subject areas of
371paragraphs (a)-(n) is expressly preempted to the state and the
372department. Any local government enforcing the subject areas of
373paragraphs (a)-(n) must use the standards and fines set forth in
374the pertinent statutes or any rules adopted by the department
375pursuant to those statutes.
376     (41)  Notwithstanding the provisions of s. 287.057(23)(a),
377that require all agencies to use the on-line procurement system
378developed by the Department of Management Services, the
379department may continue to use its own on-line system.  However,
380vendors utilizing such system shall be prequalified as meeting
381mandatory requirements and qualifications and shall remit fees
382pursuant to s.287.057(23), and any rules implementing s.
383287.057.
384     Section 15.  Section 570.076, Florida Statutes, is created
385to read:
386     570.076  Environmental Stewardship Certification
387Program.--The department may, by rule, establish the
388Environmental Stewardship Certification Program consistent with
389this section. A rule adopted under this section must be
390developed in consultation with state universities, agricultural
391organizations, and other interested parties.
392     (1)  The program must:
393     (a)  Be integrated, to the maximum extent practicable, with
394programs that are sponsored by agricultural organizations or
395state universities.
396     (b)  Be designed to recognize and promote agricultural
397operations or homeowner practices that demonstrate exemplary
398resource management that is related to environmental
399stewardship.
400     (c)  Include a process to periodically review a
401certification to ensure compliance with the program
402requirements, including implementation by the certificateholder.
403     (d)  Require periodic continuing education in relevant
404environmental stewardship issues in order to maintain
405certification.
406     (2)  The department shall provide an agricultural
407certification under this program for implementation of one or
408more of the following criteria:
409     (a)  A voluntary agreement between an agency and an
410agricultural producer for environmental improvement or water-
411resource protection.
412     (b)  A conservation plan that meets or exceeds the
413requirements of the United States Department of Agriculture.
414     (c)  Best management practices adopted by rule pursuant to
415s. 403.067(7)(d) or s. 570.085(2).
416     (3)  The Soil and Water Conservation Council created by s.
417582.06 may develop and recommend to the department for adoption
418additional criteria for receipt of an agricultural certification
419which may include, but not be limited to:
420     (a)  Comprehensive management of all on-farm resources.
421     (b)  Promotion of environmental awareness and responsible
422resource stewardship in agricultural or urban communities.
423     (c)  Completion of a curriculum of study that is related to
424environmental issues and regulation.
425     (4)  If needed, the department and the Institute of Food
426and Agricultural Sciences at the University of Florida may
427jointly develop a curriculum that provides instruction
428concerning environmental issues pertinent to agricultural
429certification and deliver such curriculum to, and certify its
430completion by, any person seeking certification or to maintain
431certification.
432     (5)  The department may enter into agreements with third-
433party providers to administer or implement all or part of the
434program.
435     Section 16.  Paragraph (a) of subsection (4) of section
436570.9135, Florida Statutes, is amended to read:
437     570.9135  Beef Market Development Act; definitions; Florida
438Beef Council, Inc., creation, purposes, governing board, powers,
439and duties; referendum on assessments imposed on gross receipts
440from cattle sales; payments to organizations for services;
441collecting and refunding assessments; vote on continuing the
442act; council bylaws.--
443     (4)  FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.--
444     (a)  There is created the Florida Beef Council, Inc., a
445not-for-profit corporation organized under the laws of this
446state and operating as a direct-support direct-service
447organization of the department.
448     Section 17.  Subsections (2) and (5) of section 570.952,
449Florida Statutes, are amended to read:
450     570.952  Florida Agriculture Center and Horse Park
451Authority.--
452     (2)  The authority shall be composed of 21 members
453appointed by the commissioner.
454     (a)  Members shall include:
455     1.  Three citizens-at-large, who shall represent the views
456of the general public toward agriculture and equine activities
457in the state.
458     2.  One representative from the Department of Agriculture
459and Consumer Services.
460     3.  One representative from Enterprise Florida, Inc.
461     4.  One representative from the Department of Environmental
462Protection, Office of Greenways and Trails.
463     5.  One member of the Ocala/Marion County Chamber of
464Commerce.
465     6.  Two representatives of the tourism or hospitality
466industry.
467     7.  Three representatives of the commercial agriculture
468industry.
469     8.  Three representatives from recognized horse breed
470associations.
471     9.  One representative of the veterinary industry.
472     10.  Three representatives from the competitive equine
473industry.
474     11.  One representative from the horse pleasure and trail
475riding industry.
476     12.  One representative recommended by the Board of County
477Commissioners of Marion County.
478     (a)(b)  Initially, the commissioner shall appoint 11
479members for 4-year terms and 10 members for 2-year terms.
480Thereafter, each member shall be appointed for a term of 4 years
481from the date of appointment, except that a vacancy shall be
482filled by appointment for the remainder of the term.
483     (b)(c)  Any member of the authority who fails to attend
484three consecutive authority meetings without good cause shall be
485deemed to have resigned from the authority. The commissioner
486shall appoint a person representing the same interest or trade
487as the resigning member. Current members shall continue to serve
488until successors are appointed.
489     (c)  Terms for members appointed prior to July 1, 2005,
490shall expire on July 1, 2005.
491     (5)  The commissioner shall submit information annually to
492the Speaker of the House of Representatives and the President of
493the Senate reporting the activities of the Florida Agriculture
494Center and Horse Park Authority and the progress of the Florida
495Agriculture Center and Horse Park, including, but not limited
496to, pertinent planning, budgeting, and operational information
497concerning the authority.
498     Section 18.  Subsections (15) through (29) of section
499581.011, Florida Statutes, are renumbered as subsections (16)
500through (30), respectively and a new subsection (15) is added to
501said section to read:
502     581.011  Definitions.--As used in this chapter:
503     (15)  "Invasive plant" means a naturalized plant that
504disrupts naturally occurring native plant communities.
505     Section 19.  Subsection (4) is added to section 581.083,
506Florida Statutes, to read:
507     581.083  Introduction or release of plant pests, noxious
508weeds, or organisms affecting plant life; cultivation of
509nonnative plants; special permit and security required.--
510     (4)  A person may not cultivate a nonnative plant,
511including a genetically engineered plant or a plant that has
512been introduced, for purposes of fuel production or purposes
513other than agriculture in plantings greater in size than 2
514contiguous acres, except under a special permit issued by the
515department through the division, which is the sole agency
516responsible for issuing such special permits. Such a permit
517shall not be required if the department determines, in
518conjunction with the Institute of Food and Agricultural Sciences
519at the University of Florida, that the plant is not invasive and
520subsequently exempts the plant by rule.
521     (a)1.  Each application for a special permit must be
522accompanied by a fee as described in subsection (2) and proof
523that the applicant has obtained a bond in the form approved by
524the department and issued by a surety company admitted to do
525business in this state or a certificate of deposit. The
526application must include, on a form provided by the department,
527the name of the applicant and the applicant's address or the
528address of the applicant's principal place of business; a
529statement completely identifying the nonnative plant to be
530cultivated; and a statement of the estimated cost of removing
531and destroying the plant that is the subject of the special
532permit and the basis for calculating or determining that
533estimate. If the applicant is a corporation, partnership, or
534other business entity, the applicant must also provide in the
535application the name and address of each officer, partner, or
536managing agent. The applicant shall notify the department within
53710 business days of any change of address or change in the
538principal place of business. The department shall mail all
539notices to the applicant's last known address.
540     2.  As used in this subsection, the term "certificate of
541deposit" means a certificate of deposit at any recognized
542financial institution doing business in the United States. The
543department may not accept a certificate of deposit in connection
544with the issuance of a special permit unless the issuing
545institution is properly insured by the Federal Deposit Insurance
546Corporation or the Federal Savings and Loan Insurance
547Corporation.
548     (b)  Upon obtaining a permit, the permitholder may annually
549cultivate and maintain the nonnative plants as authorized by the
550special permit. If the permitholder ceases to maintain or
551cultivate the plants authorized by the special permit, if the
552permit expires, or if the permitholder ceases to abide by the
553conditions of the special permit, the permitholder shall
554immediately remove and destroy the plants that are subject to
555the permit, if any remain. The permitholder shall notify the
556department of the removal and destruction of the plants within
55710 days after such event.
558     (c)  If the department:
559     1.  Determines that the permitholder is no longer
560maintaining or cultivating the plants subject to the special
561permit and has not removed and destroyed the plants authorized
562by the special permit;
563     2.  Determines that the continued maintenance or
564cultivation of the plants presents an imminent danger to public
565health, safety, or welfare;
566     3.  Determines that the permitholder has exceeded the
567conditions of the authorized special permit; or
568     4.  Receives a notice of cancellation of the surety bond,
569
570the department may issue an immediate final order, which shall
571be immediately appealable or enjoinable as provided by chapter
572120, directing the permitholder to immediately remove and
573destroy the plants authorized to be cultivated under the special
574permit. A copy of the immediate final order shall be mailed to
575the permitholder and to the surety company or financial
576institution that has provided security for the special permit,
577if applicable.
578     (d)  If, upon issuance by the department of an immediate
579final order to the permitholder, the permitholder fails to
580remove and destroy the plants subject to the special permit
581within 60 days after issuance of the order, or such shorter
582period as is designated in the order as public health, safety,
583or welfare requires, the department may enter the cultivated
584acreage and remove and destroy the plants that are the subject
585of the special permit. If the permitholder makes a written
586request to the department for an extension of time to remove and
587destroy the plants that demonstrates specific facts showing why
588the plants could not reasonably be removed and destroyed in the
589applicable timeframe, the department may extend the time for
590removing and destroying plants subject to a special permit. The
591reasonable costs and expenses incurred by the department for
592removing and destroying plants subject to a special permit shall
593be reimbursed to the department by the permitholder within 21
594days after the date the permitholder and the surety company or
595financial institution are served a copy of the department's
596invoice for the costs and expenses incurred by the department to
597remove and destroy the cultivated plants, along with a notice of
598administrative rights, unless the permitholder or the surety
599company or financial institution object to the reasonableness of
600the invoice. In the event of an objection, the permitholder or
601surety company or financial institution is entitled to an
602administrative proceeding as provided by chapter 120. Upon entry
603of a final order determining the reasonableness of the incurred
604costs and expenses, the permitholder shall have 15 days
605following service of the final order to reimburse the
606department. Failure of the permitholder to timely reimburse the
607department for the incurred costs and expenses entitles the
608department to reimbursement from the applicable bond or
609certificate of deposit.
610     (e)  Each permitholder shall maintain for each separate
611growing location a bond or a certificate of deposit in an amount
612determined by the department, but not less than 150 percent of
613the estimated cost of removing and destroying the cultivated
614plants. The bond or certificate of deposit may not exceed $5,000
615per acre, unless a higher amount is determined by the department
616to be necessary to protect the public health, safety, and
617welfare or unless an exemption is granted by the department
618based on conditions specified in the application which would
619preclude the department from incurring the cost of removing and
620destroying the cultivated plants and would prevent injury to the
621public health, safety, and welfare. The aggregate liability of
622the surety company or financial institution to all persons for
623all breaches of the conditions of the bond or certificate of
624deposit may not exceed the amount of the bond or certificate of
625deposit. The original bond or certificate of deposit required by
626this subsection shall be filed with the department. A surety
627company shall give the department 30 days' written notice of
628cancellation, by certified mail, in order to cancel a bond.
629Cancellation of a bond does not relieve a surety company of
630liability for paying to the department all costs and expenses
631incurred or to be incurred for removing and destroying the
632permitted plants covered by an immediate final order authorized
633under paragraph (c). A bond or certificate of deposit must be
634provided or assigned in the exact name in which an applicant
635applies for a special permit. The penal sum of the bond or
636certificate of deposit to be furnished to the department by a
637permitholder in the amount specified in this paragraph must
638guarantee payment of the costs and expenses incurred or to be
639incurred by the department for removing and destroying the
640plants cultivated under the issued special permit. The bond or
641certificate of deposit assignment or agreement must be upon a
642form prescribed or approved by the department and must be
643conditioned to secure the faithful accounting for and payment of
644all costs and expenses incurred by the department for removing
645and destroying all plants cultivated under the special permit.
646The bond or certificate of deposit assignment or agreement must
647include terms binding the instrument to the Commissioner of
648Agriculture. Such certificate of deposit shall be presented with
649an assignment of the permitholder's rights in the certificate in
650favor of the Commissioner of Agriculture on a form prescribed by
651the department and with a letter from the issuing institution
652acknowledging that the assignment has been properly recorded on
653the books of the issuing institution and will be honored by the
654issuing institution. Such assignment is irrevocable while a
655special permit is in effect and for an additional period of 6
656months after termination of the special permit if operations to
657remove and destroy the permitted plants are not continuing and
658if the department's invoice remains unpaid by the permitholder
659under the issued immediate final order. If operations to remove
660and destroy the plants are pending, the assignment remains in
661effect until all plants are removed and destroyed and the
662department's invoice has been paid. The bond or certificate of
663deposit may be released by the assignee of the surety company or
664financial institution to the permitholder, or to the
665permitholder's successors, assignee, or heirs, if operations to
666remove and destroy the permitted plants are not pending and no
667invoice remains unpaid at the conclusion of 6 months after the
668last effective date of the special permit. The department may
669not accept a certificate of deposit that contains any provision
670that would give to any person any prior rights or claim on the
671proceeds or principal of such certificate of deposit. The
672department shall determine by rule whether an annual bond or
673certificate of deposit will be required. The amount of such bond
674or certificate of deposit shall be increased, upon order of the
675department, at any time if the department finds such increase to
676be warranted by the cultivating operations of the permitholder.
677In the same manner, the amount of such bond or certificate of
678deposit may be decreased when a decrease in the cultivating
679operations warrants such decrease. This paragraph applies to any
680bond or certificate of deposit, regardless of the anniversary
681date of its issuance, expiration, or renewal.
682     (f)  In order to carry out the purposes of this subsection,
683the department or its agents may require from any permitholder
684verified statements of the cultivated acreage subject to the
685special permit and may review the permitholder's business or
686cultivation records at her or his place of business during
687normal business hours in order to determine the acreage
688cultivated. The failure of a permitholder to furnish such
689statement, to make such records available, or to make and
690deliver a new or additional bond or certificate of deposit is
691cause for suspension of the special permit. If the department
692finds such failure to be willful, the special permit may be
693revoked.
694     Section 20.  Subsection (3) of section 585.002, Florida
695Statutes, is amended to read:
696     585.002  Department control; continuance of powers, duties,
697rules, orders, etc.--
698     (3)  The department, to the exclusion of all other state
699agencies, shall have regulatory authority over the possession,
700control, care, and maintenance of ostriches, emus, and rheas,
701and bison domesticated and confined for commercial farming
702purposes, except those kept and maintained on hunting preserves
703or game farms or primarily for exhibition purposes in zoos,
704carnivals, circuses, and other such establishments where such
705species are kept primarily for display to the public.
706     Section 21.  Paragraph (c) of subsection (3) of section
707590.125, Florida Statutes, is amended to read:
708     590.125  Open burning authorized by the division.--
709     (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
710PURPOSE.--
711     (c)  Neither a property owner nor or his or her agent is
712neither liable pursuant to s. 590.13 for damage or injury caused
713by the fire or resulting smoke or nor considered to be in
714violation of subsection (2) for burns conducted in accordance
715with this subsection unless gross negligence is proven.
716     Section 22.  If any provision of this act or the
717application thereof to any person or circumstances is held
718invalid, the invalidity shall not affect other provisions or
719applications of the act which can be given effect without the
720invalid provision or application and, to this end, the
721provisions of this act are declared severable.
722     Section 23.  This act shall take effect July 1, 2005.


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