January 23, 2019
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Senate Bill 0858

Senate Bill sb0858c2

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    Florida Senate - 2005                     CS for CS for SB 858

    By the Committees on Environmental Preservation; Agriculture;
    and Senator Smith




    592-1924-05

  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23         F.S.; deleting an outdated reference relating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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 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. 581.011, F.S.; defining the term

12         "invasive plant"; amending s. 581.083, F.S.;

13         prohibiting the cultivation of nonnative plants

14         for purposes of fuel production or purposes

15         other than agricultural in plantings greater

16         than a specified size, except under a special

17         permit issued by the department; providing an

18         exemption; requiring application for a special

19         permit and a fee therefor; requiring an

20         applicant to show proof of security through a

21         bond or certificate of deposit; defining the

22         term "certificate of deposit"; requiring the

23         removal and destruction of plants under certain

24         circumstances; specifying the circumstances

25         under which the department may issue a final

26         order for plant removal and destruction;

27         requiring reimbursement of costs and expenses

28         for plant removal and destruction by the

29         department; providing requirements for

30         maintenance of a bond or certificate of deposit

31         by a permitholder; providing requirements

                                  2

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 1         relating to assignment and cancellation of a

 2         bond or certificate of deposit; authorizing the

 3         requirement of an annual bond or certificate of

 4         deposit and an increase or decrease in the

 5         amount of security required; authorizing the

 6         department to verify statements and accounts

 7         with respect to cultivated acreage; providing

 8         for the suspension or revocation of a special

 9         permit under certain circumstances; amending s.

10         585.002, F.S.; providing for the department's

11         regulatory authority over the possession,

12         control, care, and maintenance of bison;

13         providing an exception; amending s. 590.125,

14         F.S.; clarifying liability with respect to

15         prescribed burning; providing for obsolete

16         agricultural equipment to be assessed at its

17         value as salvage; defining the term

18         "agricultural equipment"; providing a procedure

19         for a taxpayer to claim the right of assessment

20         under this section; authorizing the property

21         appraiser to require information establishing a

22         taxpayer's right to the classification;

23         providing severability; providing an effective

24         date.

25  

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

27  

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

29  Statutes, is amended to read:

30         372.921  Exhibition or sale of wildlife.--

31  

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

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

 3  and bison domesticated and confined for commercial farming

 4  purposes, except those kept and maintained on hunting

 5  preserves or game farms or primarily for exhibition purposes

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

 7  where such species are kept primarily for display to the

 8  public.

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

10  Statutes, is amended to read:

11         372.922  Personal possession of wildlife.--

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

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

14  and bison domesticated and confined for commercial farming

15  purposes, except those kept and maintained on hunting

16  preserves or game farms or primarily for exhibition purposes

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

18  where such species are kept primarily for display to the

19  public.

20         Section 3.  Section 450.175, Florida Statutes, is

21  created to read:

22         450.175  Short title.--Part II of this chapter may be

23  cited as the "Alfredo Bahena Act."

24         Section 4.  Section 450.211, Florida Statutes, is

25  repealed.

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

27  Statutes, is amended to read:

28         487.2031  Definitions.--For the purposes of this part,

29  the term:

30  

31  

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

 2  electronic, or printed material concerning an agricultural

 3  pesticide that sets forth the following information:

 4         (a)  The chemical name and the common name of the

 5  agricultural pesticide.

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

 7  agricultural pesticide, including:

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

 9  and reactivity.

10         2.  The known acute health effects and chronic health

11  effects of exposure to the agricultural pesticide, including

12  those medical conditions that are generally recognized as

13  being aggravated by exposure to the agricultural pesticide.

14         3.  The primary routes of entry and symptoms of

15  overexposure.

16         (c)  The proper handling practices, necessary personal

17  protective equipment, and other proper or necessary safety

18  precautions in circumstances that involve the use of or

19  exposure to the agricultural pesticide, including appropriate

20  emergency treatment in case of overexposure.

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

22  disposal, and first aid.

23         (e)  A description of the known specific potential

24  health risks posed by the agricultural pesticide, which is

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

26  reads the information.

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

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

29  telephone number of the manufacturer responsible for preparing

30  the information.

31  

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

 2  Statutes, is repealed.

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

 4  Statutes, is amended to read:

 5         502.091  Milk and milk products which may be sold.--

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

 7  certified pasteurized milk shall be sold to the final consumer

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

 9  establishments.

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

11  authorize the sale of reconstituted pasteurized milk products,

12  or pasteurized milk and milk products that have not been

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

14  milk and milk products shall be appropriately labeled, as

15  determined by the department.

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

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

18  the producer failed to comply with the sanitation or bacterial

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

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

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

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

23  which are being processed by such milk plant. During

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

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

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

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

28  Statutes, is amended to read:

29         503.011  Definitions.--The following definitions shall

30  apply in the interpretation and enforcement of this chapter:

31  

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

 2  the provisions of "definitions and standards of identity for

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

 4  21 C.F.R. part 135 (2004) (1990), and foods, defined by rule

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

 6  federal definitions.  The term also includes, but is not

 7  limited to, "quiescently frozen confection," "quiescently

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

 9  and frozen dietary dessert."

10         Section 9.  Section 531.39, Florida Statutes, is

11  amended to read:

12         531.39  State standards.--Weights and measures that are

13  traceable to the United States prototype standards supplied by

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

15  as being satisfactory by the National Institute of Standards

16  and Technology, shall be the state primary standards of

17  weights and measures, and shall be maintained in such

18  calibration as prescribed by the National Institute of

19  Standards and Technology.  In addition, there shall be

20  provided by the state such secondary standards as may be

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

22  secondary standards shall be verified upon their initial

23  receipt and as often thereafter as deemed necessary by the

24  department.

25         Section 10.  Section 531.47, Florida Statutes, is

26  amended to read:

27         531.47  Information required on packages.--Except as

28  otherwise provided in this chapter or by rules adopted

29  pursuant thereto, any package introduced in intrastate

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

31  

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

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

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

 4  unless the same can easily be identified through the wrapper

 5  or container.

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

 7  measure, or count.

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

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

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

11  place other than on the premises where packed.

12         Section 11.  Section 531.49, Florida Statutes, is

13  amended to read:

14         531.49  Advertising packages for sale.--Whenever a

15  packaged commodity is advertised in any manner with the retail

16  price stated, there shall be closely and conspicuously

17  associated with the retail price a declaration of quantity as

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

19  dual declaration is required, only the declaration that sets

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

21  measure need appear in the advertisement.

22         Section 12.  Section 570.076, Florida Statutes, is

23  created to read:

24         570.076  Environmental Stewardship Certification

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

26  Environmental Stewardship Certification Program consistent

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

28  developed in consultation with state universities,

29  agricultural organizations, and other interested parties.

30         (1)  The program must:

31  

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

 2  with programs that are sponsored by agricultural organizations

 3  or state universities.

 4         (b)  Be designed to recognize and promote agricultural

 5  operations or homeowner practices that demonstrate exemplary

 6  resource management that is related to environmental

 7  stewardship.

 8         (c)  Include a process to periodically review a

 9  certification to ensure compliance with the program

10  requirements, including implementation by the

11  certificateholder.

12         (d)  Require periodic continuing education in relevant

13  environmental stewardship issues in order to maintain

14  certification.

15         (2)  The department shall provide an agricultural

16  certification under this program for the implementation of one

17  or more of the following criteria:

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

19  agricultural producer for environmental improvement or

20  water-resource protection.

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

22  requirements of the United States Department of Agriculture.

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

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

25         (3)  The Soil and Water Conservation Council created

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

27  for adoption additional criteria for receipt of an

28  agricultural certification which may include, but need not be

29  limited to:

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

31  

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 1         (b)  Promotion of environmental awareness and

 2  responsible resource stewardship in agricultural or urban

 3  communities.

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

 5  related to environmental issues and regulation.

 6         (4)  If needed, the department and the Institute of

 7  Food and Agricultural Sciences at the University of Florida

 8  may jointly develop a curriculum that provides instruction

 9  concerning environmental issues pertinent to agricultural

10  certification and deliver the curriculum to, and certify its

11  completion by, any person who seeks certification or to

12  maintain certification.

13         (5)  The department may enter into agreements with

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

15  of the program.

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

17  570.9135, Florida Statutes, is amended to read:

18         570.9135  Beef Market Development Act; definitions;

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

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

21  on gross receipts from cattle sales; payments to organizations

22  for services; collecting and refunding assessments; vote on

23  continuing the act; council bylaws.--

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

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

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

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

28  organization of the department.

29         Section 14.  Section 581.011, Florida Statutes, is

30  amended to read:

31         581.011  Definitions.--As used in this chapter:

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 1         (1)  "Agent" means any person selling or distributing

 2  nursery stock under the partial or full control of a

 3  nurseryman.

 4         (2)  "Aquatic plant" means any plant, including a

 5  floating, immersed, submersed, or ditch bank species, growing

 6  in or closely associated with an aquatic environment, and

 7  includes any part or seed of such plant.

 8         (3)  "Arthropod" means any segmented invertebrate

 9  animal having jointed appendages and an exoskeleton, including

10  insects, spiders, ticks, mites, and scorpions, but excluding

11  crustaceans for the purpose of this chapter.

12         (4)  "Authorized representative" means any designated

13  employee, inspector, or collaborator of the division or the

14  United States Department of Agriculture.

15         (5)  "Certificate of inspection" means an official

16  document stipulating compliance with the requirements of this

17  chapter.  The term "certificate" includes label, rubber stamp

18  imprint, tag, permit, written statement, or any form of

19  inspection and certification document which accompanies the

20  movement of inspected and certified plant material and plant

21  products.

22         (6)  "Certificate of registration" means an official

23  document issued by the division to nurseries, stock dealers,

24  agents, and plant brokers as evidence of being properly

25  registered with the division in compliance with the

26  requirements of this chapter and of any of the rules

27  promulgated hereunder.

28         (7)  "Citrus" means all plants, plant parts, and plant

29  products, including seed and fruit, of all genera, species,

30  and varieties of the Rutaceous subfamilies Aurantioideae,

31  

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 1  Rutoideae, and Toddalioideae, unless specifically excluded by

 2  the rules of the department.

 3         (8)  "Collaborator" means a person cooperating with the

 4  division in some capacity, who has been officially designated

 5  to perform certain duties for the division.

 6         (9)  "Compliance agreement" means a written agreement

 7  between the department and any person engaged in growing,

 8  handling, or moving articles, plants, or plant products

 9  regulated under this chapter, wherein the person agrees to

10  comply with stipulated requirements.

11         (10)  "Department" means the Department of Agriculture

12  and Consumer Services of the state or its authorized

13  representative.

14         (11)  "Director" means the director of the Division of

15  Plant Industry.

16         (12)  "Distribution" means the movement of nursery

17  stock from the property where it is grown or kept to any other

18  noncontiguous property, regardless of the ownership of the

19  properties concerned.

20         (13)  "Division" means the Division of Plant Industry

21  of the Department of Agriculture and Consumer Services.

22         (14)  "Genetically engineered organism" means an

23  organism altered or produced through genetic modification from

24  a donor, vector, or recipient organism using recombinant DNA

25  techniques.

26         (15)  "Invasive plant" means a naturalized exotic plant

27  that disrupts naturally-occurring native plant communities.

28         (16)(15)  "Move" means to ship, offer for shipment,

29  receive for transportation, carry, or otherwise transport.

30         (17)(16)  "Museum" means the Florida State Collection

31  of Arthropods.

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 1         (18)(17)  "Noxious aquatic plant" means any part,

 2  including, but not limited to, seeds or reproductive parts, of

 3  an aquatic plant that has the potential to hinder the growth

 4  of beneficial plants, interfere with irrigation or navigation,

 5  or adversely affect the public welfare or the natural

 6  resources of this state.

 7         (19)(18)  "Noxious weed" means any living stage,

 8  including, but not limited to, seeds and productive parts, of

 9  a parasitic or other plant of a kind, or subdivision of a

10  kind, which may be a serious agricultural threat in Florida or

11  have a negative impact on the plant species protected under s.

12  581.185.

13         (20)(19)  "Nursery" means any grounds or premises on or

14  in which nursery stock is grown, propagated, or held for sale

15  or distribution, except where aquatic plant species are tended

16  for harvest in the natural environment.

17         (21)(20)  "Nurseryman" means any person engaged in the

18  production of nursery stock for sale or distribution.

19         (22)(21)  "Nursery stock" means all plants, trees,

20  shrubs, vines, bulbs, cuttings, grafts, scions, or buds grown

21  or kept for or capable of propagation or distribution, unless

22  specifically excluded by the rules of the department.

23         (23)(22)  "Official organ" means a printed document

24  published by the division for notification to the public and

25  industries in matters relating to division activities and in

26  which official announcements may be made.

27         (24)(23)  "Places" means vessels, railroad cars,

28  automobiles, aircraft, and other vehicles; buildings; docks;

29  nurseries; orchards; and other premises where plants or plant

30  products are grown, kept, or handled.

31  

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 1         (25)(24)  "Plant broker" means a person who transacts

 2  the transfer of plants from a seller to a buyer and who may or

 3  may not be in actual physical possession of the plants.

 4         (26)(25)  "Plant pest" means any living stage of any

 5  insects, mites, nematodes, slugs, snails, protozoa, or other

 6  invertebrate animals, bacteria, fungi, other parasitic plants

 7  or their reproductive parts, or viruses, or any organisms

 8  similar to or allied with any of the foregoing, including any

 9  genetically engineered organisms, or any infectious substances

10  which can directly or indirectly injure or cause disease or

11  damage in any plants or plant parts or any processed,

12  manufactured, or other plant products.

13         (27)(26)  "Plants and plant products" means trees,

14  shrubs, vines, forage and cereal plants, and all other plants

15  and plant parts, including cuttings, grafts, scions, buds,

16  fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all

17  products made from them, unless specifically excluded by the

18  rules of the department.

19         (28)(27)  "Quarantine" means an official order issued

20  by the department that regulates the movement of articles,

21  plants, or plant products to prevent the spread of disease or

22  pests.

23         (29)(28)  "Stock dealer" means any person not a grower

24  of nursery stock in this state who buys or otherwise acquires

25  nursery stock for the purpose of reselling independently of

26  any control of a nurseryman, agent, or plant broker, and who

27  at any time maintains physical possession of such nursery

28  stock.

29         (30)(29)  "Technical council" means the Plant Industry

30  Technical Council.

31  

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 1         Section 15.  Section 581.083, Florida Statutes, is

 2  amended to read:

 3         581.083  Introduction or release of plant pests,

 4  noxious weeds, or organisms affecting plant life; cultivation

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

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

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

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

 9  indirectly affect the plant life of this state as an injurious

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

11  arthropod, is prohibited, except under special permit issued

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

13  sole issuing agency for such special permits.

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

15  accompanied by a fee in an amount determined by the

16  department, through its rulemaking authority, not to exceed

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

18  governmental agencies.

19         (3)  Except for research projects approved by the

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

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

22  biological control agent is specific to a target organism or

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

24  beneficial organisms.  The department may rely on findings of

25  the Department of Environmental Protection, the United States

26  Department of Agriculture, and other agencies in making any

27  determination about organisms used for biological control.

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

29  including a genetically engineered plant or a plant that has

30  been introduced, for purposes of fuel production or purposes

31  other than agriculture in plantings greater in size than 2

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

 2  department through the division, which is the sole agency

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

 4  not required if the department, in conjunction with the

 5  Institute of Food and Agricultural Sciences at the University

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

 7  subsequently exempts the plant by rule.

 8         (a)1.  Each application for a special permit must be

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

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

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

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

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

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

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

16  business, a statement completely identifying the nonnative

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

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

19  the special permit and the basis for calculating or

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

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

22  provide in the application the name and address of each

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

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

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

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

27  known address.

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

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

30  financial institution doing business in the United States. The

31  department may not accept a certificate of deposit in

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 1  connection with the issuance of a special permit unless the

 2  issuing institution is properly insured by the Federal Deposit

 3  Insurance Corporation or the Federal Savings and Loan

 4  Insurance Corporation.

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

 6  annually cultivate and maintain the nonnative plants as

 7  authorized by the special permit. If the permitholder ceases

 8  to maintain or cultivate the plants authorized by the special

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

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

11  permitholder shall immediately remove and destroy the plants

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

13  permitholder shall notify the department of the removal and

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

15         (c)  If the department:

16         1.  Determines that the permitholder is no longer

17  maintaining or cultivating the plants subject to the special

18  permit and has not removed and destroyed the plants authorized

19  by the special permit;

20         2.  Determines that the continued maintenance or

21  cultivation of the plants presents an imminent danger to

22  public health, safety, welfare and the environment;

23         3.  Determines that the permitholder has exceeded the

24  conditions of the authorized special permit; or

25         4.  Receives a notice of cancellation of the surety

26  bond,

27  

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

29  be immediately appealable or enjoinable as provided by chapter

30  120, directing the permitholder to immediately remove and

31  destroy the plants authorized to be cultivated under the

                                  17

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

 2  mailed to the permitholder and to the surety company or

 3  financial institution that has provided security for the

 4  special permit, if applicable.

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

 6  immediate final order to the permitholder, the permitholder

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

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

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

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

11  the cultivated acreage and remove and destroy the plants that

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

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

14  time to remove and destroy the plants which demonstrates

15  specific facts showing why the plants could not reasonably be

16  removed and destroyed in the applicable timeframe, the

17  department may extend the time for removing and destroying the

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

19  expenses incurred by the department for removing and

20  destroying the plants subject to the special permit shall be

21  reimbursed to the department by the permitholder within 21

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

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

24  invoice for the costs and expenses incurred by the department

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

26  notice of administrative rights, unless the permitholder or

27  the surety company or financial institution object to the

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

29  the permitholder or surety company or financial institution is

30  entitled to an administrative proceeding as provided by

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

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 1  reasonableness of the incurred costs and expenses, the

 2  permitholder shall have 15 days following service of the final

 3  order to reimburse the department. Failure of the permitholder

 4  to timely reimburse the department for the incurred costs and

 5  expenses entitles the department to reimbursement from the

 6  applicable bond or certificate of deposit.

 7         (e)  Each permitholder shall maintain for each separate

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

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

10  percent of the estimated cost of removing and destroying the

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

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

13  by the department to be necessary to protect the public

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

15  by the department based on conditions specified in the

16  application which would preclude the department from incurring

17  the cost of removing and destroying the cultivated plants and

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

19  welfare. The aggregate liability of the surety company or

20  financial institution to all persons for all breaches of the

21  conditions of the bond or certificate of deposit may not

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

23  original bond or certificate of deposit required by this

24  subsection shall be filed with the department. A surety

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

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

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

28  financial institution of liability for paying to the

29  department all costs and expenses incurred or to be incurred

30  for removing and destroying the permitted plants covered by an

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

                                  19

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

 2  exact name in which the applicant applies for the special

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

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

 5  the amount specified in this paragraph must guarantee payment

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

 7  department for removing and destroying the plants cultivated

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

 9  deposit assignment or agreement must be upon a form prescribed

10  or approved by the department and must be conditioned to

11  secure the faithful accounting for and payment of all costs

12  and expenses incurred by the department for removing and

13  destroying all plants cultivated under the special permit. The

14  bond or certificate of deposit assignment or agreement must

15  include terms binding the instrument to the Commissioner of

16  Agriculture. Such a certificate of deposit shall be presented

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

18  certificate in favor of the Commissioner of Agriculture on a

19  form prescribed by the department and a letter from the

20  issuing institution acknowledging that the assignment has been

21  properly recorded on the books of the issuing institution and

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

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

24  an additional period of 6 months after termination of the

25  special permit if operations to remove and destroy the

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

27  invoice remains unpaid by the permitholder under the issued

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

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

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

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

                                  20

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    Florida Senate - 2005                     CS for CS for SB 858
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 1  released by the assignee of the surety company or financial

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

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

 4  destroy the permitted plants are not pending and no invoice

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

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

 7  accept a certificate of deposit that contains any provision

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

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

10  department shall determine by rule whether an annual bond or

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

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

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

14  increase to be warranted by the cultivating operations of the

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

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

17  cultivating operations warrants such a decrease. This

18  paragraph applies to any bond or certificate of deposit,

19  regardless of the anniversary date of its issuance,

20  expiration, or renewal.

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

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

23  permitholder verified statements of the cultivated acreage

24  subject to the special permit and may review the

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

26  place of business during normal business hours in order to

27  determine the acreage cultivated. The failure of a

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

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

30  certificate of deposit is cause for suspension of the special

31  

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

 2  the special permit may be revoked.

 3         Section 16.  Subsection (3) of section 585.002, Florida

 4  Statutes, is amended to read:

 5         585.002  Department control; continuance of powers,

 6  duties, rules, orders, etc.--

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

 8  state agencies, shall have regulatory authority over the

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

10  and rheas, and bison domesticated and confined for commercial

11  farming purposes, except those kept and maintained on hunting

12  preserves or game farms or primarily for exhibition purposes

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

14  where such species are kept primarily for display to the

15  public.

16         Section 17.  Paragraph (c) of subsection (3) of section

17  590.125, Florida Statutes, is amended to read:

18         590.125  Open burning authorized by the division.--

19         (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS

20  AND PURPOSE.--

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

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

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

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

25  accordance with this subsection unless gross negligence is

26  proven.

27         Section 18.  Assessment of obsolete agricultural

28  equipment.--

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

30  taxes, obsolete agricultural equipment shall be deemed to have

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

                                  22

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

 2  equipment that qualifies for the sales tax exemption provided

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

 4  Agricultural equipment shall be considered obsolete for

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

 6  the taxpayer in agricultural production.

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

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

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

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

11  taxpayer to produce any additional information as necessary in

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

13  classified as obsolete under this section for purposes of the

14  assessment.

15         Section 19.  If any provision of this act or the

16  application thereof to any person or circumstance is held

17  invalid, the invalidity does not affect other provisions or

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

19  invalid provision or application, and to this end the

20  provisions of this act are severable.

21         Section 20.  This act shall take effect July 1, 2005.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                          CS for SB 858

25                                 

26  The committee substitute defines "invasive plant."

27  The committee substitute also clarifies that the regulation of
    bison for food or agricultural purposes is the jurisdiction of
28  the Department of Agriculture and Consumer Services and the
    regulation of the display or exhibition of bison is the
29  jurisdiction of the Fish and Wildlife Conservation Commission.

30  

31  

                                  23

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