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       Florida Senate - 2010                             CS for SB 1508
       By the Committee on General Government Appropriations; and
       Senator Baker
       601-03212-10                                          20101508c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 20.14, F.S.; removing
    4         the Division of Dairy Industry within the department;
    5         amending s. 570.29, F.S.; removing the Division of
    6         Dairy Industry, to conform, and adding licensing as a
    7         division within the department; repealing ss. 570.40
    8         and 570.41, F.S., relating to the powers and duties of
    9         the Division of Dairy Industry and the qualifications
   10         and duties of the director of the Division of Dairy
   11         Industry, respectively; amending s. 570.50, F.S.;
   12         adding the inspection of dairy farms, milk plants, and
   13         milk product plants and other specified functions to
   14         the duties of the Division of Food Safety within the
   15         department; reenacting s. 570.18, F.S., relating to
   16         the organization of the Department of Agriculture and
   17         Consumer Services, to incorporate the amendments made
   18         to s. 570.29, F.S., in a reference thereto; amending
   19         s. 570.531, F.S.; providing for the Market
   20         Improvements Working Capital Trust Fund within the
   21         Department of Agriculture and Consumer Services to be
   22         the depository for funds collected by agricultural
   23         marketing facilities; deleting provisions limiting the
   24         use of trust fund moneys to certain costs associated
   25         with agricultural marketing facilities; amending s.
   26         589.08, F.S.; deleting a requirement that the Division
   27         of Forestry within the Department of Agriculture and
   28         Consumer Services pay a portion of the gross receipts
   29         from state forests to certain fiscally constrained
   30         counties for use by the counties for school purposes;
   31         repealing s. 589.081, F.S., relating to payment of a
   32         portion of the gross receipts from Withlacoochee State
   33         Forest and the Goethe State Forest to certain fiscally
   34         constrained counties; providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Subsection (2) of section 20.14, Florida
   39  Statutes, is amended to read:
   40         20.14 Department of Agriculture and Consumer Services.
   41  There is created a Department of Agriculture and Consumer
   42  Services.
   43         (2) The following divisions of the Department of
   44  Agriculture and Consumer Services are established:
   45         (a) Administration.
   46         (b) Agricultural Environmental Services.
   47         (c) Animal Industry.
   48         (d) Aquaculture.
   49         (e) Consumer Services.
   50         (f)Dairy Industry.
   51         (f)(g) Food Safety.
   52         (g)(h) Forestry.
   53         (h)(i) Fruit and Vegetables.
   54         (i)(j) Licensing.
   55         (j)(k) Marketing and Development.
   56         (k)(l) Plant Industry.
   57         (l)(m) Standards.
   58         Section 2. Section 570.29, Florida Statutes, is amended to
   59  read:
   60         570.29 Departmental divisions.—The department shall include
   61  the following divisions:
   62         (1) Administration.
   63         (2) Agricultural Environmental Services.
   64         (3) Animal Industry.
   65         (4) Aquaculture.
   66         (5) Consumer Services.
   67         (6)Dairy Industry.
   68         (6)(7) Food Safety.
   69         (7)(8) Forestry.
   70         (8)(9) Fruit and Vegetables.
   71         (9)Licensing.
   72         (10) Marketing and Development.
   73         (11) Plant Industry.
   74         (12) Standards.
   75         Section 3. Section 570.40, Florida Statutes, is repealed.
   76         Section 4. Section 570.41, Florida Statutes, is repealed.
   77         Section 5. Section 570.50, Florida Statutes, is amended to
   78  read:
   79         570.50 Division of Food Safety; powers and duties.—The
   80  duties of the Division of Food Safety include, but are not
   81  limited to:
   82         (1) Enforcing those provisions of chapter 585, and the
   83  rules adopted under that chapter, relating to the inspection of
   84  meat and the antemortem and postmortem inspection of poultry.
   85         (2) Conducting those general inspection activities relating
   86  to food and food products being processed, held, or offered for
   87  sale in this state and enforcing those provisions of chapters
   88  500, 501, 502, 503, 531, 583, 585, 586, and 601 relating to
   89  foods as authorized by the department.
   90         (3) Analyzing samples of foods offered for sale in this
   91  state as required under chapters 500, 501, 502, 503, 585, 586,
   92  and 601.
   93         (4) Investigating, evaluating, and developing new or
   94  improved methodology to enhance the analytical capability and
   95  efficiency of all divisional laboratories and performing other
   96  related analyses as deemed necessary.
   97         (5) Analyzing food and feed samples offered for sale in the
   98  state for chemical residues as required under the adulteration
   99  sections of chapters 500 and 580.
  100         (6) Inspecting dairy farms of the state, enforcing those
  101  provisions of chapter 502 as are authorized by the department
  102  and relating to the supervision of milking operations, and
  103  enforcing rules adopted pursuant to such law.
  104         (7) Inspecting milk plants, milk product plants, and plants
  105  engaged in the manufacture and distribution of frozen desserts
  106  and frozen desserts mix; analyzing and testing samples of milk,
  107  milk products, frozen desserts, and frozen desserts mix
  108  collected by it; and enforcing those provisions of chapters 502
  109  and 503 as are authorized by the department.
  110         Section 6. For the purpose of incorporating the amendment
  111  made by this act to section 570.29, Florida Statutes, in a
  112  reference thereto, section 570.18, Florida Statutes, is
  113  reenacted to read:
  114         570.18 Organization of departmental work.—In the assignment
  115  of functions to the 12 divisions of the department created in s.
  116  570.29, the department shall retain within the Division of
  117  Administration, in addition to executive functions, those powers
  118  and duties enumerated in s. 570.30. The department shall
  119  organize the work of the other 11 divisions in such a way as to
  120  secure maximum efficiency in the conduct of the department. The
  121  divisions created in s. 570.29 are solely to make possible the
  122  definite placing of responsibility. The department shall be
  123  conducted as a unit in which every employee, including each
  124  division director, is assigned a definite workload, and there
  125  shall exist between division directors a spirit of cooperative
  126  effort to accomplish the work of the department.
  127         Section 7. Section 570.531, Florida Statutes, is amended to
  128  read:
  129         570.531 Market Improvements Working Capital Trust Fund.
  130  There is hereby created within the department the Market
  131  Improvements Working Capital Trust Fund. The fund is established
  132  as the sole depository for funds collected by, or appropriated
  133  for, agricultural marketing facilities. Only costs associated
  134  with the operation, maintenance, and expansion of agricultural
  135  marketing facilities shall be paid from the fund.
  136         Section 8. Section 589.08, Florida Statutes, is amended to
  137  read:
  138         589.08 Land acquisition restrictions.—
  139         (1) The Division of Forestry may not shall enter into an no
  140  agreement for the acquisition, lease, or purchase of any land or
  141  for any other purpose whatsoever which pledges shall pledge the
  142  credit of, or obligates obligate in any manner whatsoever, the
  143  state to pay any sum of money or other thing of value for such
  144  purpose, and the said division may shall not in any manner or
  145  for any purpose pledge the credit of or obligate the state to
  146  pay any sum of money.
  147         (2) The division may receive, hold the custody of, and
  148  exercise the control of any lands, and set aside into a
  149  separate, distinct and inviolable fund, any proceeds derived
  150  from the sales of the products of such lands, the use thereof in
  151  any manner, or the sale of such lands save the 25 percent of the
  152  proceeds to be paid into the State School Fund as provided by
  153  law. The division may use and apply such funds for the
  154  acquisition, use, custody, management, development, or
  155  improvement of any lands vested in or subject to the control of
  156  the division. After full payment has been made for the purchase
  157  of a state forest to the Federal Government or other grantor, 15
  158  percent of the gross receipts from a state forest shall be paid
  159  to the fiscally constrained county or counties, as described in
  160  s. 218.67(1), in which it is located in proportion to the
  161  acreage located in each county for use by the county or counties
  162  for school purposes.
  163         Section 9. Section 589.081, Florida Statutes, is repealed.
  164         Section 10. This act shall take effect July 1, 2010.

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