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Senate Bill 0858

Senate Bill sb0858c1

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    Florida Senate - 2005                            CS for SB 858

    By the Committee on Agriculture; and Senator Smith





    575-1721A-05

  1                      A bill to be entitled

  2         An act relating to agriculture; amending ss.

  3         372.921 and 372.922, F.S.; conforming

  4         provisions relating to regulatory authority

  5         over the possession, control, care, and

  6         maintenance of bison; creating s. 450.175,

  7         F.S.; providing a short title; repealing s.

  8         450.211, F.S., relating to the advisory

  9         committee for the Legislative Commission on

10         Migrant Labor; amending s. 487.2031, F.S.;

11         revising the definition of the term "material

12         safety data sheet" for purposes of the Florida

13         Agricultural Worker Safety Act; repealing s.

14         502.014(5), F.S.; deleting a duty of the

15         Department of Agriculture and Consumer Services

16         relating to the issuance of a temporary

17         marketing permit for milk and milk products and

18         a fee therefor; amending s. 502.091, F.S.;

19         deleting a reference to a type of milk which is

20         no longer produced; amending s. 503.011, F.S.;

21         updating a reference in the definition of the

22         term "frozen desserts"; amending s. 531.39,

23         F.S.; deleting an outdated reference relating

24         to state standards for weights and measures;

25         amending s. 531.47, F.S.; revising provisions

26         relating to packages on which information is

27         required; amending s. 531.49, F.S.; revising

28         provisions relating to advertising packaged

29         commodities; creating s. 570.076, F.S.;

30         authorizing the department to adopt rules

31         establishing the Environmental Stewardship

                                  1

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    Florida Senate - 2005                            CS for SB 858
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 1         Certification Program; providing program

 2         standards; providing requirements for receipt

 3         of an agricultural certification; authorizing

 4         the Soil and Water Conservation Council to

 5         develop and recommend additional criteria;

 6         authorizing the department and the Institute of

 7         Food and Agricultural Sciences at the

 8         University of Florida to develop, deliver, and

 9         certify completion of a curriculum; amending s.

10         570.9135, F.S.; correcting a reference;

11         amending s. 581.083, F.S.; prohibiting the

12         cultivation of nonnative plants for purposes of

13         fuel production or purposes other than

14         agricultural in plantings greater than a

15         specified size, except under a special permit

16         issued by the department; providing an

17         exemption; requiring application for a special

18         permit and a fee therefor; requiring an

19         applicant to show proof of security through a

20         bond or certificate of deposit; defining the

21         term "certificate of deposit"; requiring the

22         removal and destruction of plants under certain

23         circumstances; specifying the circumstances

24         under which the department may issue a final

25         order for plant removal and destruction;

26         requiring reimbursement of costs and expenses

27         for plant removal and destruction by the

28         department; providing requirements for

29         maintenance of a bond or certificate of deposit

30         by a permitholder; providing requirements

31         relating to assignment and cancellation of a

                                  2

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    Florida Senate - 2005                            CS for SB 858
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 1         bond or certificate of deposit; authorizing the

 2         requirement of an annual bond or certificate of

 3         deposit and an increase or decrease in the

 4         amount of security required; authorizing the

 5         department to verify statements and accounts

 6         with respect to cultivated acreage; providing

 7         for the suspension or revocation of a special

 8         permit under certain circumstances; amending s.

 9         585.002, F.S.; providing for the department's

10         regulatory authority over the possession,

11         control, care, and maintenance of bison;

12         providing an exception; amending s. 590.125,

13         F.S.; clarifying liability with respect to

14         prescribed burning; providing for obsolete

15         agricultural equipment to be assessed at its

16         value as salvage; defining the term

17         "agricultural equipment"; providing a procedure

18         for a taxpayer to claim the right of assessment

19         under this section; authorizing the property

20         appraiser to require information establishing a

21         taxpayer's right to the classification;

22         providing severability; providing an effective

23         date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Subsection (8) of section 372.921, Florida

28  Statutes, is amended to read:

29         372.921  Exhibition or sale of wildlife.--

30         (8)  This section shall not apply to the possession,

31  control, care, and maintenance of ostriches, emus, and rheas,

                                  3

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    Florida Senate - 2005                            CS for SB 858
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 1  and bison domesticated and confined for commercial farming

 2  purposes, except those kept and maintained on hunting

 3  preserves or game farms or primarily for exhibition purposes

 4  in zoos, carnivals, circuses, and other such establishments

 5  where such species are kept for display to the public for a

 6  fee.

 7         Section 2.  Subsection (6) of section 372.922, Florida

 8  Statutes, is amended to read:

 9         372.922  Personal possession of wildlife.--

10         (6)  This section shall not apply to the possession,

11  control, care, and maintenance of ostriches, emus, and rheas,

12  and bison domesticated and confined for commercial farming

13  purposes, except those kept and maintained on hunting

14  preserves or game farms or primarily for exhibition purposes

15  in zoos, carnivals, circuses, and other such establishments

16  where such species are kept for display to the public for a

17  fee.

18         Section 3.  Section 450.175, Florida Statutes, is

19  created to read:

20         450.175  Short title.--Part II of this chapter may be

21  cited as the "Alfredo Bahena Act."

22         Section 4.  Section 450.211, Florida Statutes, is

23  repealed.

24         Section 5.  Subsection (7) of section 487.2031, Florida

25  Statutes, is amended to read:

26         487.2031  Definitions.--For the purposes of this part,

27  the term:

28         (7)  "Material safety data sheet" means written,

29  electronic, or printed material concerning an agricultural

30  pesticide that sets forth the following information:

31  

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    Florida Senate - 2005                            CS for SB 858
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 1         (a)  The chemical name and the common name of the

 2  agricultural pesticide.

 3         (b)  The hazards or other risks in the use of the

 4  agricultural pesticide, including:

 5         1.  The potential for fire, explosions, corrosivity,

 6  and reactivity.

 7         2.  The known acute health effects and chronic health

 8  effects of exposure to the agricultural pesticide, including

 9  those medical conditions that are generally recognized as

10  being aggravated by exposure to the agricultural pesticide.

11         3.  The primary routes of entry and symptoms of

12  overexposure.

13         (c)  The proper handling practices, necessary personal

14  protective equipment, and other proper or necessary safety

15  precautions in circumstances that involve the use of or

16  exposure to the agricultural pesticide, including appropriate

17  emergency treatment in case of overexposure.

18         (d)  The emergency procedures for spills, fire,

19  disposal, and first aid.

20         (e)  A description of the known specific potential

21  health risks posed by the agricultural pesticide, which is

22  written in lay terms and is intended to alert any person who

23  reads the information.

24         (f)  The year and month, if available, that the

25  information was compiled and the name, address, and emergency

26  telephone number of the manufacturer responsible for preparing

27  the information.

28         Section 6.  Subsection (5) of section 502.014, Florida

29  Statutes, is repealed.

30         Section 7.  Subsection (1) of section 502.091, Florida

31  Statutes, is amended to read:

                                  5

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    Florida Senate - 2005                            CS for SB 858
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 1         502.091  Milk and milk products which may be sold.--

 2         (1)  Only Grade A pasteurized milk and milk products or

 3  certified pasteurized milk shall be sold to the final consumer

 4  or to restaurants, soda fountains, grocery stores, or similar

 5  establishments.

 6         (a)  In an emergency, however, the department may

 7  authorize the sale of reconstituted pasteurized milk products,

 8  or pasteurized milk and milk products that have not been

 9  graded or the grade of that is unknown, in which case such

10  milk and milk products shall be appropriately labeled, as

11  determined by the department.

12         (b)  If the department determines that milk is fit for

13  human consumption even though it is less than Grade A because

14  the producer failed to comply with the sanitation or bacterial

15  standards defined in this chapter, or if any specific shipment

16  of milk fails to comply with standards of the pasteurized milk

17  ordinance, the department may issue a permit allowing the milk

18  to be used in ungraded products, such as frozen desserts,

19  which are being processed by such milk plant. During

20  processing of such milk, it shall be pasteurized at a

21  temperature of at least 175° F. for at least 15 seconds or at

22  least 160° F. for at least 30 minutes.

23         Section 8.  Subsection (2) of section 503.011, Florida

24  Statutes, is amended to read:

25         503.011  Definitions.--The following definitions shall

26  apply in the interpretation and enforcement of this chapter:

27         (2)  "Frozen desserts" means the foods which conform to

28  the provisions of "definitions and standards of identity for

29  frozen desserts," United States Food and Drug Administration,

30  21 C.F.R. part 135 (2004) (1990), and foods, defined by rule

31  of the department, which resemble but do not conform to

                                  6

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    Florida Senate - 2005                            CS for SB 858
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 1  federal definitions.  The term also includes, but is not

 2  limited to, "quiescently frozen confection," "quiescently

 3  frozen dairy confection," and "frozen dietary dairy dessert

 4  and frozen dietary dessert."

 5         Section 9.  Section 531.39, Florida Statutes, is

 6  amended to read:

 7         531.39  State standards.--Weights and measures that are

 8  traceable to the United States prototype standards supplied by

 9  the Federal Government (Pub. L. No. 89-164, 1965), or approved

10  as being satisfactory by the National Institute of Standards

11  and Technology, shall be the state primary standards of

12  weights and measures, and shall be maintained in such

13  calibration as prescribed by the National Institute of

14  Standards and Technology.  In addition, there shall be

15  provided by the state such secondary standards as may be

16  necessary to carry out the provisions of this chapter.  The

17  secondary standards shall be verified upon their initial

18  receipt and as often thereafter as deemed necessary by the

19  department.

20         Section 10.  Section 531.47, Florida Statutes, is

21  amended to read:

22         531.47  Information required on packages.--Except as

23  otherwise provided in this chapter or by rules adopted

24  pursuant thereto, any package introduced in intrastate

25  commerce, kept for the purpose of sale, or offered or exposed

26  for sale in intrastate commerce shall bear on the outside of

27  the package a definite, plain, and conspicuous declaration of:

28         (1)  The identity of the commodity in the package,

29  unless the same can easily be identified through the wrapper

30  or container.

31  

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 1         (2)  The net quantity of contents in terms of weight,

 2  measure, or count.

 3         (3)  The name and place of business of the

 4  manufacturer, packer, or distributor, in the case of any

 5  package kept or offered or exposed for sale or sold in any

 6  place other than on the premises where packed.

 7         Section 11.  Section 531.49, Florida Statutes, is

 8  amended to read:

 9         531.49  Advertising packages for sale.--Whenever a

10  packaged commodity is advertised in any manner with the retail

11  price stated, there shall be closely and conspicuously

12  associated with the retail price a declaration of quantity as

13  is required by law or rule to appear on the package. When a

14  dual declaration is required, only the declaration that sets

15  forth the quantity in terms of the smaller unit of weight or

16  measure need appear in the advertisement.

17         Section 12.  Section 570.076, Florida Statutes, is

18  created to read:

19         570.076  Environmental Stewardship Certification

20  Program.--The department may, by rule, establish the

21  Environmental Stewardship Certification Program consistent

22  with this section. A rule adopted under this section must be

23  developed in consultation with state universities,

24  agricultural organizations, and other interested parties.

25         (1)  The program must:

26         (a)  Be integrated, to the maximum extent practicable,

27  with programs that are sponsored by agricultural organizations

28  or state universities.

29         (b)  Be designed to recognize and promote agricultural

30  operations or homeowner practices that demonstrate exemplary

31  

                                  8

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    Florida Senate - 2005                            CS for SB 858
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 1  resource management that is related to environmental

 2  stewardship.

 3         (c)  Include a process to periodically review a

 4  certification to ensure compliance with the program

 5  requirements, including implementation by the

 6  certificateholder.

 7         (d)  Require periodic continuing education in relevant

 8  environmental stewardship issues in order to maintain

 9  certification.

10         (2)  The department shall provide an agricultural

11  certification under this program for the implementation of one

12  or more of the following criteria:

13         (a)  A voluntary agreement between an agency and an

14  agricultural producer for environmental improvement or

15  water-resource protection.

16         (b)  A conservation plan that meets or exceeds the

17  requirements of the United States Department of Agriculture.

18         (c)  Best-management practices adopted by rule pursuant

19  to s. 403.067(7)(d) or s. 570.085(2).

20         (3)  The Soil and Water Conservation Council created

21  under s. 582.06 may develop and recommend to the department

22  for adoption additional criteria for receipt of an

23  agricultural certification which may include, but need not be

24  limited to:

25         (a)  Comprehensive management of all on-farm resources.

26         (b)  Promotion of environmental awareness and

27  responsible resource stewardship in agricultural or urban

28  communities.

29         (c)  Completion of a curriculum of study that is

30  related to environmental issues and regulation.

31  

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    Florida Senate - 2005                            CS for SB 858
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 1         (4)  If needed, the department and the Institute of

 2  Food and Agricultural Sciences at the University of Florida

 3  may jointly develop a curriculum that provides instruction

 4  concerning environmental issues pertinent to agricultural

 5  certification and deliver the curriculum to, and certify its

 6  completion by, any person who seeks certification or to

 7  maintain certification.

 8         (5)  The department may enter into agreements with

 9  third-party providers to administer or implement all or part

10  of the program.

11         Section 13.  Paragraph (a) of subsection (4) of section

12  570.9135, Florida Statutes, is amended to read:

13         570.9135  Beef Market Development Act; definitions;

14  Florida Beef Council, Inc., creation, purposes, governing

15  board, powers, and duties; referendum on assessments imposed

16  on gross receipts from cattle sales; payments to organizations

17  for services; collecting and refunding assessments; vote on

18  continuing the act; council bylaws.--

19         (4)  FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.--

20         (a)  There is created the Florida Beef Council, Inc., a

21  not-for-profit corporation organized under the laws of this

22  state and operating as a direct-support direct-service

23  organization of the department.

24         Section 14.  Section 581.083, Florida Statutes, is

25  amended to read:

26         581.083  Introduction or release of plant pests,

27  noxious weeds, or organisms affecting plant life; cultivation

28  of nonnative plants; special permit and security required.--

29         (1)  The introduction into or release within this state

30  of any plant pest, noxious weed, genetically engineered plant

31  or plant pest, or any other organism which may directly or

                                  10

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    Florida Senate - 2005                            CS for SB 858
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 1  indirectly affect the plant life of this state as an injurious

 2  pest, parasite, or predator of other organisms, or any

 3  arthropod, is prohibited, except under special permit issued

 4  by the department through the division, which shall be the

 5  sole issuing agency for such special permits.

 6         (2)  Each application for a special permit shall be

 7  accompanied by a fee in an amount determined by the

 8  department, through its rulemaking authority, not to exceed

 9  $50.  The department may waive this fee by rule for

10  governmental agencies.

11         (3)  Except for research projects approved by the

12  department, no permit for any organism shall be issued unless

13  the department has determined that the parasite, predator, or

14  biological control agent is specific to a target organism or

15  plant and not likely to become a pest of plants or other

16  beneficial organisms.  The department may rely on findings of

17  the Department of Environmental Protection, the United States

18  Department of Agriculture, and other agencies in making any

19  determination about organisms used for biological control.

20         (4)  A person may not cultivate a nonnative plant,

21  including a genetically engineered plant or a plant that has

22  been introduced, for purposes of fuel production or purposes

23  other than agriculture in plantings greater in size than 2

24  contiguous acres, except under a special permit issued by the

25  department through the division, which is the sole agency

26  responsible for issuing such special permits. Such a permit is

27  not required if the department, in conjunction with the

28  Institute of Food and Agricultural Sciences at the University

29  of Florida, determines that the plant is not invasive and

30  subsequently exempts the plant by rule.

31  

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    Florida Senate - 2005                            CS for SB 858
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 1         (a)1.  Each application for a special permit must be

 2  accompanied by a fee as described in subsection (2) and proof

 3  that the applicant has obtained a bond in the form approved by

 4  the department and issued by a surety company admitted to do

 5  business in this state or by a certificate of deposit. The

 6  application must also include, on a form provided by the

 7  department, the name of the applicant and the applicant's

 8  address or the address of the applicant's principal place of

 9  business, a statement completely identifying the nonnative

10  plant to be cultivated, and a statement of the estimated cost

11  of removing and destroying the plant that is the subject of

12  the special permit and the basis for calculating or

13  determining that estimate. If the applicant is a corporation,

14  partnership, or other business entity, the applicant must also

15  provide in the application the name and address of each

16  officer, partner, or managing agent. The applicant shall

17  notify the department within 10 business days of any change of

18  address or change in the principal place of business. The

19  department shall mail all notices to the applicant's last

20  known address.

21         2.  As used in this subsection, the term "certificate

22  of deposit" means a certificate of deposit at any recognized

23  financial institution doing business in the United States. The

24  department may not accept a certificate of deposit in

25  connection with the issuance of a special permit unless the

26  issuing institution is properly insured by the Federal Deposit

27  Insurance Corporation or the Federal Savings and Loan

28  Insurance Corporation.

29         (b)  Upon obtaining a permit, the permitholder may

30  annually cultivate and maintain the nonnative plants as

31  authorized by the special permit. If the permitholder ceases

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    Florida Senate - 2005                            CS for SB 858
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 1  to maintain or cultivate the plants authorized by the special

 2  permit, if the permit expires, or if the permitholder ceases

 3  to abide by the conditions of the special permit, the

 4  permitholder shall immediately remove and destroy the plants

 5  that are subject to the permit, if any remain. The

 6  permitholder shall notify the department of the removal and

 7  destruction of the plants within 10 days after such event.

 8         (c)  If the department:

 9         1.  Determines that the permitholder is no longer

10  maintaining or cultivating the plants subject to the special

11  permit and has not removed and destroyed the plants authorized

12  by the special permit;

13         2.  Determines that the continued maintenance or

14  cultivation of the plants presents an imminent danger to

15  public health, safety, and welfare;

16         3.  Determines that the permitholder has exceeded the

17  conditions of the authorized special permit; or

18         4.  Receives a notice of cancellation of the surety

19  bond,

20  

21  the department may issue an immediate final order, which shall

22  be immediately appealable or enjoinable as provided by chapter

23  120, directing the permitholder to immediately remove and

24  destroy the plants authorized to be cultivated under the

25  special permit. A copy of the immediate final order shall be

26  mailed to the permitholder and to the surety company or

27  financial institution that has provided security for the

28  special permit, if applicable.

29         (d)  If, upon issuance by the department of an

30  immediate final order to the permitholder, the permitholder

31  fails to remove and destroy the plants subject to the special

                                  13

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 1  permit within 60 days after issuance of the order, or such

 2  shorter period as is designated in the order as the public

 3  health, safety, and welfare requires, the department may enter

 4  the cultivated acreage and remove and destroy the plants that

 5  are the subject of the special permit. If the permitholder

 6  makes a written request to the department for an extension of

 7  time to remove and destroy the plants which demonstrates

 8  specific facts showing why the plants could not reasonably be

 9  removed and destroyed in the applicable timeframe, the

10  department may extend the time for removing and destroying the

11  plants subject to the special permit. The reasonable costs and

12  expenses incurred by the department for removing and

13  destroying the plants subject to the special permit shall be

14  reimbursed to the department by the permitholder within 21

15  days after the date the permitholder and the surety company or

16  financial institution are served a copy of the department's

17  invoice for the costs and expenses incurred by the department

18  to remove and destroy the cultivated plants, along with a

19  notice of administrative rights, unless the permitholder or

20  the surety company or financial institution object to the

21  reasonableness of the invoice. In the event of an objection,

22  the permitholder or surety company or financial institution is

23  entitled to an administrative proceeding as provided by

24  chapter 120. Upon entry of a final order determining the

25  reasonableness of the incurred costs and expenses, the

26  permitholder shall have 15 days following service of the final

27  order to reimburse the department. Failure of the permitholder

28  to timely reimburse the department for the incurred costs and

29  expenses entitles the department to reimbursement from the

30  applicable bond or certificate of deposit.

31  

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 1         (e)  Each permitholder shall maintain for each separate

 2  growing location a bond or a certificate of deposit in an

 3  amount determined by the department, but not less than 150

 4  percent of the estimated cost of removing and destroying the

 5  cultivated plants. The bond or certificate of deposit may not

 6  exceed $5,000 per acre, unless a higher amount is determined

 7  by the department to be necessary to protect the public

 8  health, safety, and welfare, or unless an exemption is granted

 9  by the department based on conditions specified in the

10  application which would preclude the department from incurring

11  the cost of removing and destroying the cultivated plants and

12  would prevent injury to the public health, safety, and

13  welfare. The aggregate liability of the surety company or

14  financial institution to all persons for all breaches of the

15  conditions of the bond or certificate of deposit may not

16  exceed the amount of the bond or certificate of deposit. The

17  original bond or certificate of deposit required by this

18  subsection shall be filed with the department. A surety

19  company shall give the department 30 days' written notice of

20  cancellation by certified mail in order to cancel a bond.

21  Cancellation of a bond does not relieve a surety company or

22  financial institution of liability for paying to the

23  department all costs and expenses incurred or to be incurred

24  for removing and destroying the permitted plants covered by an

25  immediate final order authorized under paragraph (c). The bond

26  or certificate of deposit must be provided or assigned in the

27  exact name in which the applicant applies for the special

28  permit. The penal sum of the surety bond or certificate of

29  deposit to be furnished to the department by a permitholder in

30  the amount specified in this paragraph must guarantee payment

31  of the costs and expenses incurred or to be incurred by the

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 1  department for removing and destroying the plants cultivated

 2  under the issued special permit. The bond or certificate of

 3  deposit assignment or agreement must be upon a form prescribed

 4  or approved by the department and must be conditioned to

 5  secure the faithful accounting for and payment of all costs

 6  and expenses incurred by the department for removing and

 7  destroying all plants cultivated under the special permit. The

 8  bond or certificate of deposit assignment or agreement must

 9  include terms binding the instrument to the Commissioner of

10  Agriculture. Such a certificate of deposit shall be presented

11  with an assignment of the permitholder's rights in the

12  certificate in favor of the Commissioner of Agriculture on a

13  form prescribed by the department and a letter from the

14  issuing institution acknowledging that the assignment has been

15  properly recorded on the books of the issuing institution and

16  will be honored by the issuing institution. Such an assignment

17  is irrevocable while the special permit is in effect and for

18  an additional period of 6 months after termination of the

19  special permit if operations to remove and destroy the

20  permitted plants are not continuing and if the department's

21  invoice remains unpaid by the permitholder under the issued

22  immediate final order. If operations to remove and destroy the

23  plants are pending, the assignment remains in effect until all

24  plants are removed and destroyed and the department's invoice

25  has been paid. The bond or certificate of deposit may be

26  released by the assignee of the surety company or financial

27  institution to the permitholder, or to the permitholder's

28  successors, assignee, or heirs, if operations to remove and

29  destroy the permitted plants are not pending and no invoice

30  remains unpaid at the conclusion of 6 months after the last

31  effective date of the special permit. The department may not

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 1  accept a certificate of deposit that contains any provision

 2  that would give to any person any prior rights or claim on the

 3  proceeds or principal of such a certificate of deposit. The

 4  department shall determine by rule whether an annual bond or

 5  certificate of deposit will be required. The amount of such a

 6  bond or certificate of deposit shall be increased, upon order

 7  of the department, at any time if the department finds such an

 8  increase to be warranted by the cultivating operations of the

 9  permitholder. In the same manner, the amount of such a bond or

10  certificate of deposit may be decreased when a decrease in the

11  cultivating operations warrants such a decrease. This

12  paragraph applies to any bond or certificate of deposit,

13  regardless of the anniversary date of its issuance,

14  expiration, or renewal.

15         (f)  In order to carry out the purposes of this

16  subsection, the department or its agents may require from any

17  permitholder verified statements of the cultivated acreage

18  subject to the special permit and may review the

19  permitholder's business or cultivation records at her or his

20  place of business during normal business hours in order to

21  determine the acreage cultivated. The failure of a

22  permitholder to furnish such a statement, to make such records

23  available, or to make and deliver a new or additional bond or

24  certificate of deposit is cause for suspension of the special

25  permit. If the department finds such failure to be willful,

26  the special permit may be revoked.

27         Section 15.  Subsection (3) of section 585.002, Florida

28  Statutes, is amended to read:

29         585.002  Department control; continuance of powers,

30  duties, rules, orders, etc.--

31  

                                  17

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    Florida Senate - 2005                            CS for SB 858
    575-1721A-05




 1         (3)  The department, to the exclusion of all other

 2  state agencies, shall have regulatory authority over the

 3  possession, control, care, and maintenance of ostriches, emus,

 4  and rheas, and bison domesticated and confined for commercial

 5  farming purposes, except those kept and maintained on hunting

 6  preserves or game farms or primarily for exhibition purposes

 7  in zoos, carnivals, circuses, and other such establishments

 8  where such species are kept for display to the public for a

 9  fee.

10         Section 16.  Paragraph (c) of subsection (3) of section

11  590.125, Florida Statutes, is amended to read:

12         590.125  Open burning authorized by the division.--

13         (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS

14  AND PURPOSE.--

15         (c)  Neither a property owner nor or his or her agent

16  is neither liable pursuant to s. 590.13 for damage or injury

17  caused by the fire or resulting smoke or nor considered to be

18  in violation of subsection (2) for burns conducted in

19  accordance with this subsection unless gross negligence is

20  proven.

21         Section 17.  Assessment of obsolete agricultural

22  equipment.--

23         (1)  For purposes of assessment for ad valorem property

24  taxes, obsolete agricultural equipment shall be deemed to have

25  a market value no greater than its value for salvage. As used

26  in this section, the term "agricultural equipment" means any

27  equipment that qualifies for the sales tax exemption provided

28  in section 212.08(3), Florida Statutes, wherever purchased.

29  Agricultural equipment shall be considered obsolete for

30  purposes of this section if it is no longer commonly used by

31  the taxpayer in agricultural production.

                                  18

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    Florida Senate - 2005                            CS for SB 858
    575-1721A-05




 1         (2)  Any taxpayer claiming the right of assessment for

 2  ad valorem taxes under this section shall so state in a return

 3  filed as provided by law, giving a brief description of the

 4  equipment and its use. The property appraiser may require the

 5  taxpayer to produce any additional information as necessary in

 6  order to establish the taxpayer's right to have such property

 7  classified as obsolete under this section for purposes of the

 8  assessment.

 9         Section 18.  If any provision of this act or the

10  application thereof to any person or circumstance is held

11  invalid, the invalidity does not affect other provisions or

12  applications of the act which can be given effect without the

13  invalid provision or application, and to this end the

14  provisions of this act are severable.

15         Section 19.  This act shall take effect July 1, 2005.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 858

19                                 

20  Committee Substitute for Senate Bill 858 is different from
    Senate Bill 858 in that it:
21  

22  1.   Clarifies the department's jurisdiction over bison raised
         on farm operations;
23  
    2.   Amends the definition of "material safety data sheet" to
24       allow dissemination of information through electronic
         means;
25  
    3.   Removes or changes outdated references;
26  
    4.   Establishes an environmental stewardship program which
27       agricultural producers could voluntarily join;

28  5.   Revises provisions regarding civil liability for
         prescribed burns; and
29  
    6.   Provides for obsolete agricultural equipment to be
30       assessed at its value as salvage.

31  

                                  19

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

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