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Senate Bill 0858

Senate Bill sb0858c3

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    Florida Senate - 2005              CS for CS for CS for SB 858

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




    590-2332-05

  1                      A bill to be entitled

  2         An act relating to agriculture; amending s.

  3         193.451, F.S.; clarifying the value for purpose

  4         of assessment for ad valorem taxes of certain

  5         property leased by the Department of

  6         Agriculture and Consumer Services; providing

  7         intent for retroactive application; amending

  8         ss. 372.921 and 372.922, F.S.; conforming

  9         provisions relating to regulatory authority

10         over the possession, control, care, and

11         maintenance of bison; creating s. 450.175,

12         F.S.; providing a part title; repealing s.

13         450.211, F.S., relating to the advisory

14         committee for the Legislative Commission on

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

16         redefining the term "material safety data

17         sheet" for purposes of the Florida Agricultural

18         Worker Safety Act; creating s. 487.2042, F.S.;

19         providing for investigation of complaints;

20         providing criteria for the commencement of an

21         investigation; providing for exemption from

22         civil liability under certain circumstances;

23         providing penalties for making a false

24         complaint; amending s. 502.014, F.S.; deleting

25         a duty of the department relating to issuance

26         of a temporary marketing permit for milk and

27         milk products and a fee therefor; amending s.

28         502.091, F.S.; deleting a reference to a milk

29         type no longer produced; amending s. 503.011,

30         F.S.; updating a reference in the definition of

31         the term "frozen desserts"; amending s. 531.39,

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 1         F.S.; deleting an outdated reference relating

 2         to state standards for weights and measures;

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

 4         relating to packages on which information is

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

 6         provisions relating to advertising packaged

 7         commodities; amending s. 570.07, F.S.;

 8         clarifying the power of the Department of

 9         Agriculture and Consumer Services; providing an

10         additional power of the Department of

11         Agriculture and Consumer Services; creating s.

12         570.076, F.S.; authorizing the department to

13         adopt rules establishing the Environmental

14         Stewardship Certification Program; providing

15         program standards; providing requirements for

16         receipt of an agricultural certification;

17         authorizing the Soil and Water Conservation

18         Council to develop and recommend additional

19         criteria; authorizing the department and the

20         Institute of Food and Agricultural Sciences at

21         the University of Florida to develop, deliver,

22         and certify completion of a curriculum;

23         amending s. 570.9135, F.S.; correcting a

24         cross-reference; amending s. 570.952, F.S.;

25         amending the membership of the Florida

26         Agriculture Center and Horse Park Authority;

27         providing criteria for expiration of terms;

28         deleting a requirement to submit information to

29         the Legislature; amending s. 581.011, F.S.;

30         defining the term "invasive plant"; amending s.

31         581.083, F.S.; prohibiting the cultivation of

                                  2

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 1         nonnative plants for purposes of fuel

 2         production or purposes other than agriculture

 3         in plantings greater than a specified size,

 4         except under a special permit issued by the

 5         department; providing an exemption; requiring

 6         application for a special permit and a fee

 7         therefor; requiring an applicant to show proof

 8         of security through a bond or certificate of

 9         deposit; defining the term "certificate of

10         deposit"; requiring removal and destruction of

11         plants under certain circumstances; specifying

12         circumstances under which the department may

13         issue a final order for plant removal and

14         destruction; requiring reimbursement of costs

15         and expenses for plant removal and destruction

16         by the department; providing requirements for

17         maintenance of a bond or certificate of deposit

18         by a permitholder; providing requirements

19         relating to assignment and cancellation of a

20         bond or certificate of deposit; authorizing a

21         requirement for an annual bond or certificate

22         of deposit and an increase or decrease in the

23         amount of security required; authorizing the

24         department to verify statements and accounts

25         with respect to cultivated acreage; providing

26         for suspension or revocation of a special

27         permit under certain circumstances; amending s.

28         585.002, F.S.; providing for department

29         regulatory authority over the possession,

30         control, care, and maintenance of bison;

31         providing an exception; amending s. 590.125,

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 1         F.S.; clarifying liability with respect to

 2         prescribed burning; providing severability;

 3         providing an effective date.

 4  

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

 6  

 7         Section 1.  Subsection (3) is added to section 193.451,

 8  Florida Statutes, to read:

 9         193.451  Annual growing of agricultural crops,

10  nonbearing fruit trees, nursery stock; taxability.--

11         (3)  Personal property leased or subleased by the

12  Department of Agriculture and Consumer Services and used in

13  the inspection, grading, or classification of citrus fruit

14  shall be deemed to have value for purposes of assessment for

15  ad valorem property taxes no greater than its market value as

16  salvage. It is the expressed intent of the Legislature that

17  this subsection shall have retroactive application to December

18  31, 2003.

19         Section 2.  Subsection (8) of section 372.921, Florida

20  Statutes, is amended to read:

21         372.921  Exhibition or sale of wildlife.--

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

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

24  and bison domesticated and confined for commercial farming

25  purposes, except those kept and maintained on hunting

26  preserves or game farms or primarily for exhibition purposes

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

28  where such species are kept primarily for display to the

29  public.

30         Section 3.  Subsection (6) of section 372.922, Florida

31  Statutes, is amended to read:

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 1         372.922  Personal possession of wildlife.--

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

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

 4  and bison domesticated and confined for commercial farming

 5  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 primarily for display to the

 9  public.

10         Section 4.  Section 450.175, Florida Statutes, is

11  created to read:

12         450.175  Short title.--Part II of this chapter may be

13  cited as the "Alfredo Bahena Act."

14         Section 5.  Section 450.211, Florida Statutes, is

15  repealed.

16         Section 6.  Subsection (7) of section 487.2031, Florida

17  Statutes, is amended to read:

18         487.2031  Definitions.--For the purposes of this part,

19  the term:

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

21  electronic, or printed material concerning an agricultural

22  pesticide that sets forth the following information:

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

24  agricultural pesticide.

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

26  agricultural pesticide, including:

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

28  and reactivity.

29         2.  The known acute health effects and chronic health

30  effects of exposure to the agricultural pesticide, including

31  

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 1  those medical conditions that are generally recognized as

 2  being aggravated by exposure to the agricultural pesticide.

 3         3.  The primary routes of entry and symptoms of

 4  overexposure.

 5         (c)  The proper handling practices, necessary personal

 6  protective equipment, and other proper or necessary safety

 7  precautions in circumstances that involve the use of or

 8  exposure to the agricultural pesticide, including appropriate

 9  emergency treatment in case of overexposure.

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

11  disposal, and first aid.

12         (e)  A description of the known specific potential

13  health risks posed by the agricultural pesticide, which is

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

15  reads the information.

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

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

18  telephone number of the manufacturer responsible for preparing

19  the information.

20         Section 7.  Section 487.2042, Florida Statutes, is

21  created to read:

22         487.2042  Submission and investigation of complaints.--

23         (1)  The department shall cause to be investigated any

24  complaint that is filed under this part if the complaint is in

25  writing, is signed by the complainant, and is legally

26  sufficient.  A complaint is legally sufficient if it contains

27  ultimate facts that show that a violation of this part, or the

28  rules adopted under this part, may have occurred. In order to

29  determine legal sufficiency, the department may require

30  supporting information or documentation.  The department may

31  investigate an anonymous complaint or a complaint made by a

                                  6

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 1  confidential informant if the complaint is in writing and is

 2  legally sufficient, if the alleged violation of law or rules

 3  is substantial, and if the department has reason to believe,

 4  after preliminary inquiry, that the alleged violations in the

 5  complaint are true.  The department may initiate an

 6  investigation if it has reasonable cause to believe that a

 7  person has violated this part or the rules adopted under this

 8  part.

 9         (2)  A privilege against civil liability is granted to

10  any complainant or any witness with regard to information

11  furnished with respect to any investigation or proceeding

12  pursuant to this chapter, unless the complainant or witness

13  acted in bad faith or with malice in providing such

14  information.

15         (3)  A person who knowingly makes a false complaint in

16  writing under this part commits a misdemeanor of the second

17  degree, punishable as provided in s. 775.082, s. 775.083, or

18  s. 837.06.

19         Section 8.  Section 502.014, Florida Statutes, is

20  amended to read:

21         502.014  Powers and duties.--

22         (1)  The department shall administer and enforce all

23  regulatory laws currently in effect governing:

24         (a)  The production, processing, and distribution of

25  milk and milk products.

26         (b)  The sanitation and sanitary practices of

27  establishments where food and drink, including milk and milk

28  products, are sold for consumption on the premises, except

29  food service establishments regulated under chapters 381 and

30  509.

31  

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 1         (c)  The sanitary and healthful condition of the food

 2  and drink sold or offered for sale by establishments under the

 3  department's jurisdiction pursuant to paragraph (b).

 4         (d)  The laboratory work of testing and analyzing milk

 5  and milk products.

 6         (2)(a)  The department shall conduct onsite inspections

 7  of dairy farms and milk plants, and collect test samples of

 8  milk and milk products, as required by this chapter.

 9         (b)  The department shall designate employees who shall

10  be certified by the United States Food and Drug Administration

11  as state milk sanitation rating officers, sampling

12  surveillance officers, and laboratory evaluation officers in

13  accordance with the requirements published in "Methods of

14  Making Sanitation Ratings of Milk Supplies," "Evaluation of

15  Milk Laboratories," and "Procedures Governing the Cooperative

16  State-Public Health Service/Food and Drug Administration

17  Program for Certification of Interstate Milk Shippers,"

18  respectively, as adopted by department rule. These officers

19  shall conduct routine sanitation compliance survey ratings of

20  milk producers, milk plants, laboratories, receiving stations,

21  transfer stations, and manufacturers of single-service

22  containers for milk and milk products. These ratings shall be

23  made in accordance with the recommendations of the United

24  States Food and Drug Administration published in Standard

25  Methods for the Examination of Dairy Products.

26         (3)  The department shall manage a program to issue

27  permits to persons who test milk or milk products for milkfat

28  content by weight, volume, chemical, electronic, or other

29  means when the result of such test is used as a basis for

30  payment for the milk or milk products.

31  

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 1         (4)  The department shall define by rule "cottage

 2  cheese," "dry-curd cottage cheese," and "lowfat cottage

 3  cheese." The department shall periodically update these

 4  definitions to maintain conformity with the federal

 5  definitions.

 6         (5)(a)  The department shall adopt criteria for

 7  issuance of a state temporary marketing permit for milk and

 8  milk products that do not conform to existing standards and

 9  definitions.

10         (b)  The department shall establish a fee, not to

11  exceed $100, for the issuance of a state temporary marketing

12  permit or the use of a federal permit in the state. The fee

13  shall cover all costs of issuing the state permit or

14  processing the federal permit.

15         (5)(6)  The department may impound any reconstituted or

16  recombined milk or any adulterated or misbranded milk or milk

17  product to prevent its use for human consumption, and may

18  dispose of it in a manner that does not create a nuisance.

19         (6)(7)  The department has authority to adopt rules

20  pursuant to ss. 120.536(1) and 120.54 to implement and enforce

21  the provisions of this chapter. In adopting these rules, the

22  department shall be guided by and may conform to the

23  definitions and standards of the administrative procedures and

24  provisions of the pasteurized milk ordinance. The rules shall

25  include, but are not limited to:

26         (a)  Standards for milk and milk products.

27         (b)  Provisions for the production, transportation,

28  processing, handling, sampling, examination, grading,

29  labeling, and sale of all milk and milk products and imitation

30  and substitute milk and milk products sold for public

31  consumption in this state.

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 1         (c)  Provisions for the inspection of dairy herds,

 2  dairy farms, and milk plants.

 3         (d)  Provisions for the issuance and revocation of

 4  permits issued by the department pursuant to this chapter.

 5         (7)(8)  The department shall not conduct routine tests

 6  or inspections on raw milk that is shipped from outside the

 7  state. Nothing in this subsection shall be construed to limit

 8  the authority of the department to review industry records or

 9  sample milk at any stage of production, processing, or

10  distribution in cases of suspected hazard to public health.

11         Section 9.  Subsection (1) of section 502.091, Florida

12  Statutes, is amended to read:

13         502.091  Milk and milk products which may be sold.--

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

15  certified pasteurized milk shall be sold to the final consumer

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

17  establishments.

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

19  authorize the sale of reconstituted pasteurized milk products,

20  or pasteurized milk and milk products that have not been

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

22  milk and milk products shall be appropriately labeled, as

23  determined by the department.

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

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

26  the producer failed to comply with the sanitation or bacterial

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

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

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

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

31  which are being processed by such milk plant. During

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

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

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

 4         Section 10.  Subsection (2) of section 503.011, Florida

 5  Statutes, is amended to read:

 6         503.011  Definitions.--The following definitions shall

 7  apply in the interpretation and enforcement of this chapter:

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

 9  the provisions of "definitions and standards of identity for

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

11  21 C.F.R. part 135 (2004) (1990), and foods, defined by rule

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

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

14  limited to, "quiescently frozen confection," "quiescently

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

16  and frozen dietary dessert."

17         Section 11.  Section 531.39, Florida Statutes, is

18  amended to read:

19         531.39  State standards.--Weights and measures that are

20  traceable to the United States prototype standards supplied by

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

22  as being satisfactory by the National Institute of Standards

23  and Technology, shall be the state primary standards of

24  weights and measures, and shall be maintained in such

25  calibration as prescribed by the National Institute of

26  Standards and Technology.  In addition, there shall be

27  provided by the state such secondary standards as may be

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

29  secondary standards shall be verified upon their initial

30  receipt and as often thereafter as deemed necessary by the

31  department.

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 1         Section 12.  Section 531.47, Florida Statutes, is

 2  amended to read:

 3         531.47  Information required on packages.--Except as

 4  otherwise provided in this chapter or by rules adopted

 5  pursuant thereto, any package introduced in intrastate

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

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

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

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

10  unless the same can easily be identified through the wrapper

11  or container.

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

13  measure, or count.

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

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

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

17  place other than on the premises where packed.

18         Section 13.  Section 531.49, Florida Statutes, is

19  amended to read:

20         531.49  Advertising packages for sale.--Whenever a

21  packaged commodity is advertised in any manner with the retail

22  price stated, there shall be closely and conspicuously

23  associated with the retail price a declaration of quantity as

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

25  dual declaration is required, only the declaration that sets

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

27  measure need appear in the advertisement.

28         Section 14.  Subsection (16) of section 570.07, Florida

29  Statutes, is amended, and subsection (41) is added to that

30  section, to read:

31  

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 1         570.07  Department of Agriculture and Consumer

 2  Services; functions, powers, and duties.--The department shall

 3  have and exercise the following functions, powers, and duties:

 4         (16)  To enforce the state laws and rules relating to:

 5         (a)  Fruit and vegetable inspection and grading;

 6         (b)  Pesticide spray, residue inspection, and removal;

 7         (c)  Registration, labeling, inspection, and analysis

 8  of commercial stock feeds and commercial fertilizers;

 9         (d)  Classification, inspection, and sale of poultry

10  and eggs;

11         (e)  Registration, inspection, and analysis of

12  gasolines and oils;

13         (f)  Registration, labeling, inspection, and analysis

14  of pesticides;

15         (g)  Registration, labeling, inspection, germination

16  testing, and sale of seeds, both common and certified;

17         (h)  Weights, measures, and standards;

18         (i)  Foods, as set forth in the Florida Food Safety

19  Act;

20         (j)  Inspection and certification of honey;

21         (k)  Sale of liquid fuels;

22         (l)  Licensing of dealers in agricultural products;

23         (m)  Administration and enforcement of all regulatory

24  legislation applying to milk and milk products, ice cream, and

25  frozen desserts;

26         (n)  Recordation and inspection of marks and brands of

27  livestock; and

28         (o)  All other regulatory laws relating to agriculture.

29  

30  In order to ensure uniform health and safety standards, the

31  adoption of standards and fines in the subject areas of

                                  13

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 1  paragraphs (a)-(n) is expressly preempted to the state and the

 2  Department of Agriculture and Consumer Services. Any local

 3  government enforcing the subject areas of paragraphs (a)-(n)

 4  must use the standards and fines set forth in the pertinent

 5  statutes or any rules adopted by the department pursuant to

 6  those statutes.

 7         (41)  Notwithstanding any other provision of law, to

 8  use any program for online procurement of commodities or

 9  contractual services, but not to be obligated to do so.

10         Section 15.  Section 570.076, Florida Statutes, is

11  created to read:

12         570.076  Environmental Stewardship Certification

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

14  Environmental Stewardship Certification Program consistent

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

16  developed in consultation with state universities,

17  agricultural organizations, and other interested parties.

18         (1)  The program must:

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

20  with programs that are sponsored by agricultural organizations

21  or state universities.

22         (b)  Be designed to recognize and promote agricultural

23  operations or homeowner practices that demonstrate exemplary

24  resource management that is related to environmental

25  stewardship.

26         (c)  Include a process to periodically review a

27  certification to ensure compliance with the program

28  requirements, including implementation by the

29  certificateholder.

30  

31  

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 1         (d)  Require periodic continuing education in relevant

 2  environmental stewardship issues in order to maintain

 3  certification.

 4         (2)  The department shall provide an agricultural

 5  certification under this program for the implementation of one

 6  or more of the following criteria:

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

 8  agricultural producer for environmental improvement or

 9  water-resource protection.

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

11  requirements of the United States Department of Agriculture.

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

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

14         (3)  The Soil and Water Conservation Council created

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

16  for adoption additional criteria for receipt of an

17  agricultural certification which may include, but need not be

18  limited to:

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

20         (b)  Promotion of environmental awareness and

21  responsible resource stewardship in agricultural or urban

22  communities.

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

24  related to environmental issues and regulation.

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

26  Food and Agricultural Sciences at the University of Florida

27  may jointly develop a curriculum that provides instruction

28  concerning environmental issues pertinent to agricultural

29  certification and deliver the curriculum to, and certify its

30  completion by, any person who seeks certification or to

31  maintain certification.

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 1         (5)  The department may enter into agreements with

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

 3  of the program.

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

 5  570.9135, Florida Statutes, is amended to read:

 6         570.9135  Beef Market Development Act; definitions;

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

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

 9  on gross receipts from cattle sales; payments to organizations

10  for services; collecting and refunding assessments; vote on

11  continuing the act; council bylaws.--

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

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

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

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

16  organization of the department.

17         Section 17.  Subsections (2) and (5) of section

18  570.952, F.S., are amended to read:

19         570.952  Florida Agriculture Center and Horse Park

20  Authority.--

21         (2)  The authority shall be composed of 21 members

22  appointed by the commissioner.

23         (a)  Members shall include:

24         1.  Three citizens-at-large, who shall represent the

25  views of the general public toward agriculture and equine

26  activities in the state.

27         2.  One representative from the Department of

28  Agriculture and Consumer Services.

29         3.  One representative from Enterprise Florida, Inc.

30         4.  One representative from the Department of

31  Environmental Protection, Office of Greenways and Trails.

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 1         5.  One member of the Ocala/Marion County Chamber of

 2  Commerce.

 3         6.  Two representatives of the tourism or hospitality

 4  industry.

 5         7.  Three representatives of the commercial agriculture

 6  industry.

 7         8.  Three representatives from recognized horse breed

 8  associations.

 9         9.  One representative of the veterinary industry.

10         10.  Three representatives from the competitive equine

11  industry.

12         11.  One representative from the horse pleasure and

13  trail riding industry.

14         12.  One representative recommended by the Board of

15  County Commissioners of Marion County.

16         (a)(b)  Initially, the commissioner shall appoint 11

17  members for 4-year terms and 10 members for 2-year terms.

18  Thereafter, each member shall be appointed for a term of 4

19  years from the date of appointment, except that a vacancy

20  shall be filled by appointment for the remainder of the term.

21         (b)(c)  Any member of the authority who fails to attend

22  three consecutive authority meetings without good cause shall

23  be deemed to have resigned from the authority. The

24  commissioner shall appoint a person representing the same

25  interest or trade as the resigning member. Current members

26  shall continue to serve until successors are appointed.

27         (c)  Terms for members who are appointed before July 1,

28  2005, shall expire on July 1, 2005.

29         (5)  The commissioner shall submit information annually

30  to the Speaker of the House of Representatives and the

31  President of the Senate reporting the activities of the

                                  17

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 1  Florida Agriculture Center and Horse Park Authority and the

 2  progress of the Florida Agriculture Center and Horse Park,

 3  including, but not limited to, pertinent planning, budgeting,

 4  and operational information concerning the authority.

 5         Section 18.  Section 581.011, Florida Statutes, is

 6  amended to read:

 7         581.011  Definitions.--As used in this chapter:

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

 9  nursery stock under the partial or full control of a

10  nurseryman.

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

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

13  in or closely associated with an aquatic environment, and

14  includes any part or seed of such plant.

15         (3)  "Arthropod" means any segmented invertebrate

16  animal having jointed appendages and an exoskeleton, including

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

18  crustaceans for the purpose of this chapter.

19         (4)  "Authorized representative" means any designated

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

21  United States Department of Agriculture.

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

23  document stipulating compliance with the requirements of this

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

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

26  inspection and certification document which accompanies the

27  movement of inspected and certified plant material and plant

28  products.

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

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

31  agents, and plant brokers as evidence of being properly

                                  18

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 1  registered with the division in compliance with the

 2  requirements of this chapter and of any of the rules

 3  promulgated hereunder.

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

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

 6  and varieties of the Rutaceous subfamilies Aurantioideae,

 7  Rutoideae, and Toddalioideae, unless specifically excluded by

 8  the rules of the department.

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

10  division in some capacity, who has been officially designated

11  to perform certain duties for the division.

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

13  between the department and any person engaged in growing,

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

15  regulated under this chapter, wherein the person agrees to

16  comply with stipulated requirements.

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

18  and Consumer Services of the state or its authorized

19  representative.

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

21  Plant Industry.

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

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

24  noncontiguous property, regardless of the ownership of the

25  properties concerned.

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

27  of the Department of Agriculture and Consumer Services.

28         (14)  "Genetically engineered organism" means an

29  organism altered or produced through genetic modification from

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

31  techniques.

                                  19

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 1         (15)  "Invasive plant" means an exotic plant that

 2  disrupts or may disrupt naturally occurring native plant

 3  communities.

 4         (16)(15)  "Move" means to ship, offer for shipment,

 5  receive for transportation, carry, or otherwise transport.

 6         (17)(16)  "Museum" means the Florida State Collection

 7  of Arthropods.

 8         (18)(17)  "Noxious aquatic plant" means any part,

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

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

11  of beneficial plants, interfere with irrigation or navigation,

12  or adversely affect the public welfare or the natural

13  resources of this state.

14         (19)(18)  "Noxious weed" means any living stage,

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

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

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

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

19  581.185.

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

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

22  or distribution, except where aquatic plant species are tended

23  for harvest in the natural environment.

24         (21)(20)  "Nurseryman" means any person engaged in the

25  production of nursery stock for sale or distribution.

26         (22)(21)  "Nursery stock" means all plants, trees,

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

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

29  specifically excluded by the rules of the department.

30         (23)(22)  "Official organ" means a printed document

31  published by the division for notification to the public and

                                  20

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 1  industries in matters relating to division activities and in

 2  which official announcements may be made.

 3         (24)(23)  "Places" means vessels, railroad cars,

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

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

 6  products are grown, kept, or handled.

 7         (25)(24)  "Plant broker" means a person who transacts

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

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

10         (26)(25)  "Plant pest" means any living stage of any

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

12  invertebrate animals, bacteria, fungi, other parasitic plants

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

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

15  genetically engineered organisms, or any infectious substances

16  which can directly or indirectly injure or cause disease or

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

18  manufactured, or other plant products.

19         (27)(26)  "Plants and plant products" means trees,

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

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

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

23  products made from them, unless specifically excluded by the

24  rules of the department.

25         (28)(27)  "Quarantine" means an official order issued

26  by the department that regulates the movement of articles,

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

28  pests.

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

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

31  nursery stock for the purpose of reselling independently of

                                  21

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

 2  at any time maintains physical possession of such nursery

 3  stock.

 4         (30)(29)  "Technical council" means the Plant Industry

 5  Technical Council.

 6         Section 19.  Section 581.083, Florida Statutes, is

 7  amended to read:

 8         581.083  Introduction or release of plant pests,

 9  noxious weeds, or organisms affecting plant life; cultivation

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

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

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

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

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

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

16  arthropod, is prohibited, except under special permit issued

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

18  sole issuing agency for such special permits.

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

20  accompanied by a fee in an amount determined by the

21  department, through its rulemaking authority, not to exceed

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

23  governmental agencies.

24         (3)  Except for research projects approved by the

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

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

27  biological control agent is specific to a target organism or

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

29  beneficial organisms.  The department may rely on findings of

30  the Department of Environmental Protection, the United States

31  

                                  22

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 1  Department of Agriculture, and other agencies in making any

 2  determination about organisms used for biological control.

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

 4  including a genetically engineered plant or a plant that has

 5  been introduced, for purposes of fuel production or purposes

 6  other than agriculture in plantings greater in size than 2

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

 8  department through the division, which is the sole agency

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

10  not required if the department, in conjunction with the

11  Institute of Food and Agricultural Sciences at the University

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

13  subsequently exempts the plant by rule.

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

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

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

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

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

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

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

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

22  business, a statement completely identifying the nonnative

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

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

25  the special permit and the basis for calculating or

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

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

28  provide in the application the name and address of each

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

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

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

                                  23

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

 2  known address.

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

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

 5  financial institution doing business in the United States. The

 6  department may not accept a certificate of deposit in

 7  connection with the issuance of a special permit unless the

 8  issuing institution is properly insured by the Federal Deposit

 9  Insurance Corporation or the Federal Savings and Loan

10  Insurance Corporation.

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

12  annually cultivate and maintain the nonnative plants as

13  authorized by the special permit. If the permitholder ceases

14  to maintain or cultivate the plants authorized by the special

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

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

17  permitholder shall immediately remove and destroy the plants

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

19  permitholder shall notify the department of the removal and

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

21         (c)  If the department:

22         1.  Determines that the permitholder is no longer

23  maintaining or cultivating the plants subject to the special

24  permit and has not removed and destroyed the plants authorized

25  by the special permit;

26         2.  Determines that the continued maintenance or

27  cultivation of the plants presents an imminent danger to

28  public health, safety, welfare and the environment;

29         3.  Determines that the permitholder has exceeded the

30  conditions of the authorized special permit; or

31  

                                  24

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 1         4.  Receives a notice of cancellation of the surety

 2  bond,

 3  

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

 5  be immediately appealable or enjoinable as provided by chapter

 6  120, directing the permitholder to immediately remove and

 7  destroy the plants authorized to be cultivated under the

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

 9  mailed to the permitholder and to the surety company or

10  financial institution that has provided security for the

11  special permit, if applicable.

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

13  immediate final order to the permitholder, the permitholder

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

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

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

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

18  the cultivated acreage and remove and destroy the plants that

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

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

21  time to remove and destroy the plants which demonstrates

22  specific facts showing why the plants could not reasonably be

23  removed and destroyed in the applicable timeframe, the

24  department may extend the time for removing and destroying the

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

26  expenses incurred by the department for removing and

27  destroying the plants subject to the special permit shall be

28  reimbursed to the department by the permitholder within 21

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

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

31  invoice for the costs and expenses incurred by the department

                                  25

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

 2  notice of administrative rights, unless the permitholder or

 3  the surety company or financial institution object to the

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

 5  the permitholder or surety company or financial institution is

 6  entitled to an administrative proceeding as provided by

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

 8  reasonableness of the incurred costs and expenses, the

 9  permitholder shall have 15 days following service of the final

10  order to reimburse the department. Failure of the permitholder

11  to timely reimburse the department for the incurred costs and

12  expenses entitles the department to reimbursement from the

13  applicable bond or certificate of deposit.

14         (e)  Each permitholder shall maintain for each separate

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

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

17  percent of the estimated cost of removing and destroying the

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

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

20  by the department to be necessary to protect the public

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

22  by the department based on conditions specified in the

23  application which would preclude the department from incurring

24  the cost of removing and destroying the cultivated plants and

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

26  welfare. The aggregate liability of the surety company or

27  financial institution to all persons for all breaches of the

28  conditions of the bond or certificate of deposit may not

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

30  original bond or certificate of deposit required by this

31  subsection shall be filed with the department. A surety

                                  26

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

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

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

 4  financial institution of liability for paying to the

 5  department all costs and expenses incurred or to be incurred

 6  for removing and destroying the permitted plants covered by an

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

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

 9  exact name in which the applicant applies for the special

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

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

12  the amount specified in this paragraph must guarantee payment

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

14  department for removing and destroying the plants cultivated

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

16  deposit assignment or agreement must be upon a form prescribed

17  or approved by the department and must be conditioned to

18  secure the faithful accounting for and payment of all costs

19  and expenses incurred by the department for removing and

20  destroying all plants cultivated under the special permit. The

21  bond or certificate of deposit assignment or agreement must

22  include terms binding the instrument to the Commissioner of

23  Agriculture. Such a certificate of deposit shall be presented

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

25  certificate in favor of the Commissioner of Agriculture on a

26  form prescribed by the department and a letter from the

27  issuing institution acknowledging that the assignment has been

28  properly recorded on the books of the issuing institution and

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

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

31  an additional period of 6 months after termination of the

                                  27

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 1  special permit if operations to remove and destroy the

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

 3  invoice remains unpaid by the permitholder under the issued

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

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

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

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

 8  released by the assignee of the surety company or financial

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

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

11  destroy the permitted plants are not pending and no invoice

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

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

14  accept a certificate of deposit that contains any provision

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

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

17  department shall determine by rule whether an annual bond or

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

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

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

21  increase to be warranted by the cultivating operations of the

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

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

24  cultivating operations warrants such a decrease. This

25  paragraph applies to any bond or certificate of deposit,

26  regardless of the anniversary date of its issuance,

27  expiration, or renewal.

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

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

30  permitholder verified statements of the cultivated acreage

31  subject to the special permit and may review the

                                  28

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

 2  place of business during normal business hours in order to

 3  determine the acreage cultivated. The failure of a

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

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

 6  certificate of deposit is cause for suspension of the special

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

 8  the special permit may be revoked.

 9         Section 20.  Subsection (3) of section 585.002, Florida

10  Statutes, is amended to read:

11         585.002  Department control; continuance of powers,

12  duties, rules, orders, etc.--

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

14  state agencies, shall have regulatory authority over the

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

16  and rheas, and bison domesticated and confined for commercial

17  farming purposes, except those kept and maintained on hunting

18  preserves or game farms or primarily for exhibition purposes

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

20  where such species are kept primarily for display to the

21  public.

22         Section 21.  Paragraph (c) of subsection (3) of section

23  590.125, Florida Statutes, is amended to read:

24         590.125  Open burning authorized by the division.--

25         (3)  CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS

26  AND PURPOSE.--

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

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

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

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

31  

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 1  accordance with this subsection unless gross negligence is

 2  proven.

 3         Section 22.  If any provision of this act or the

 4  application thereof to any person or circumstance is held

 5  invalid, the invalidity does not affect other provisions or

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

 7  invalid provision or application, and to this end the

 8  provisions of this act are severable.

 9         Section 23.  This act shall take effect July 1, 2005.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                  CS for CS for Senate Bill 858

13                                 

14  CS/CS/CS SB 858 is different from CS/CS SB 858 in that it:

15  
    1.   Clarifies that property leased or subleased by the
16       Department of Agriculture and Consumer Services
         (department), which is used for citrus inspections, shall
17       have salvage value for ad valorem tax purposes;

18  
    2.   Amends the membership of the Florida Agriculture Center
19       and Horse Park Authority;

20  
    3.   Standardizes procedures statewide regarding the
21       inspection of consumer products and exempts the
         department from any on-line procurement program;
22  

23  4.   Requires the department to investigate complaints
         relating to the Florida Agricultural Worker Safety Act;
24       and

25  
    5.   Deletes a section that characterizes certain agricultural
26       equipment as obsolete for purposes of assessment for ad
         valorem property taxes.
27  

28  

29  

30  

31  

                                  30

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