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Amendment CaShTmL-830408.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 858
                        Barcode 830408
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Judiciary (Aronberg) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (3) is added to section 193.451,
19  Florida Statutes, to read:
20         193.451  Annual growing of agricultural crops,
21  nonbearing fruit trees, nursery stock; taxability.--
22         (3)  Personal property leased or subleased by the
23  Department of Agriculture and Consumer Services and used in
24  the inspection, grading, or classification of citrus fruit
25  shall be deemed to have value for purposes of assessment for
26  ad valorem property taxes no greater than its market value as
27  salvage. It is the expressed intent of the Legislature that
28  this subsection shall have retroactive application to December
29  31, 2003.
30         Section 2.  Subsection (30) of section 212.02, Florida
31  Statutes, is amended, subsections (31) and (32) of that
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 section are repealed, and present subsections (33) and (34) of 2 that section are redesignated as subsections (31) and (32), 3 respectively, to read: 4 212.02 Definitions.--The following terms and phrases 5 when used in this chapter have the meanings ascribed to them 6 in this section, except where the context clearly indicates a 7 different meaning: 8 (30) "Power Self-propelled farm equipment" means 9 moving or stationary equipment that contains within itself the 10 means for its own propulsion or power and moving or stationary 11 equipment that is dependent upon an external power source to 12 perform its functions, including, but not limited to, 13 tractors. 14 Section 3. Subsection (8) of section 372.921, Florida 15 Statutes, is amended to read: 16 372.921 Exhibition or sale of wildlife.-- 17 (8) This section shall not apply to the possession, 18 control, care, and maintenance of ostriches, emus, and rheas, 19 and bison domesticated and confined for commercial farming 20 purposes, except those kept and maintained on hunting 21 preserves or game farms or primarily for exhibition purposes 22 in zoos, carnivals, circuses, and other such establishments 23 where such species are kept primarily for display to the 24 public. 25 Section 4. Subsection (6) of section 372.922, Florida 26 Statutes, is amended to read: 27 372.922 Personal possession of wildlife.-- 28 (6) This section shall not apply to the possession, 29 control, care, and maintenance of ostriches, emus, and rheas, 30 and bison domesticated and confined for commercial farming 31 purposes, except those kept and maintained on hunting 2 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 preserves or game farms or primarily for exhibition purposes 2 in zoos, carnivals, circuses, and other such establishments 3 where such species are kept primarily for display to the 4 public. 5 Section 5. Section 450.175, Florida Statutes, is 6 created to read: 7 450.175 Short title.--Part II of this chapter may be 8 cited as the "Alfredo Bahena Act." 9 Section 6. Section 450.211, Florida Statutes, is 10 repealed. 11 Section 7. Subsection (7) of section 487.2031, Florida 12 Statutes, is amended to read: 13 487.2031 Definitions.--For the purposes of this part, 14 the term: 15 (7) "Material safety data sheet" means written, 16 electronic, or printed material concerning an agricultural 17 pesticide that sets forth the following information: 18 (a) The chemical name and the common name of the 19 agricultural pesticide. 20 (b) The hazards or other risks in the use of the 21 agricultural pesticide, including: 22 1. The potential for fire, explosions, corrosivity, 23 and reactivity. 24 2. The known acute health effects and chronic health 25 effects of exposure to the agricultural pesticide, including 26 those medical conditions that are generally recognized as 27 being aggravated by exposure to the agricultural pesticide. 28 3. The primary routes of entry and symptoms of 29 overexposure. 30 (c) The proper handling practices, necessary personal 31 protective equipment, and other proper or necessary safety 3 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 precautions in circumstances that involve the use of or 2 exposure to the agricultural pesticide, including appropriate 3 emergency treatment in case of overexposure. 4 (d) The emergency procedures for spills, fire, 5 disposal, and first aid. 6 (e) A description of the known specific potential 7 health risks posed by the agricultural pesticide, which is 8 written in lay terms and is intended to alert any person who 9 reads the information. 10 (f) The year and month, if available, that the 11 information was compiled and the name, address, and emergency 12 telephone number of the manufacturer responsible for preparing 13 the information. 14 Section 8. Section 487.2042, Florida Statutes, is 15 created to read: 16 487.2042 Submission and investigation of complaints.-- 17 (1) The department shall cause to be investigated any 18 complaint that is filed under this part if the complaint is in 19 writing, is signed by the complainant, and is legally 20 sufficient. A complaint is legally sufficient if it contains 21 ultimate facts that show that a violation of this part, or the 22 rules adopted under this part, may have occurred. In order to 23 determine legal sufficiency, the department may require 24 supporting information or documentation. The department may 25 investigate an anonymous complaint or a complaint made by a 26 confidential informant if the complaint is in writing and is 27 legally sufficient, if the alleged violation of law or rules 28 is substantial, and if the department has reason to believe, 29 after preliminary inquiry, that the alleged violations in the 30 complaint are true. The department may initiate an 31 investigation if it has reasonable cause to believe that a 4 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 person has violated this part or the rules adopted under this 2 part. 3 (2) A privilege against civil liability is granted to 4 any complainant or any witness with regard to information 5 furnished with respect to any investigation or proceeding 6 pursuant to this chapter, unless the complainant or witness 7 acted in bad faith or with malice in providing such 8 information. 9 (3) A person who knowingly makes a false complaint in 10 writing under this part commits a misdemeanor of the second 11 degree, punishable as provided in s. 775.082, s. 775.083, or 12 s. 837.06. 13 Section 9. Section 502.014, Florida Statutes, is 14 amended to read: 15 502.014 Powers and duties.-- 16 (1) The department shall administer and enforce all 17 regulatory laws currently in effect governing: 18 (a) The production, processing, and distribution of 19 milk and milk products. 20 (b) The sanitation and sanitary practices of 21 establishments where food and drink, including milk and milk 22 products, are sold for consumption on the premises, except 23 food service establishments regulated under chapters 381 and 24 509. 25 (c) The sanitary and healthful condition of the food 26 and drink sold or offered for sale by establishments under the 27 department's jurisdiction pursuant to paragraph (b). 28 (d) The laboratory work of testing and analyzing milk 29 and milk products. 30 (2)(a) The department shall conduct onsite inspections 31 of dairy farms and milk plants, and collect test samples of 5 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 milk and milk products, as required by this chapter. 2 (b) The department shall designate employees who shall 3 be certified by the United States Food and Drug Administration 4 as state milk sanitation rating officers, sampling 5 surveillance officers, and laboratory evaluation officers in 6 accordance with the requirements published in "Methods of 7 Making Sanitation Ratings of Milk Supplies," "Evaluation of 8 Milk Laboratories," and "Procedures Governing the Cooperative 9 State-Public Health Service/Food and Drug Administration 10 Program for Certification of Interstate Milk Shippers," 11 respectively, as adopted by department rule. These officers 12 shall conduct routine sanitation compliance survey ratings of 13 milk producers, milk plants, laboratories, receiving stations, 14 transfer stations, and manufacturers of single-service 15 containers for milk and milk products. These ratings shall be 16 made in accordance with the recommendations of the United 17 States Food and Drug Administration published in Standard 18 Methods for the Examination of Dairy Products. 19 (3) The department shall manage a program to issue 20 permits to persons who test milk or milk products for milkfat 21 content by weight, volume, chemical, electronic, or other 22 means when the result of such test is used as a basis for 23 payment for the milk or milk products. 24 (4) The department shall define by rule "cottage 25 cheese," "dry-curd cottage cheese," and "lowfat cottage 26 cheese." The department shall periodically update these 27 definitions to maintain conformity with the federal 28 definitions. 29 (5)(a) The department shall adopt criteria for 30 issuance of a state temporary marketing permit for milk and 31 milk products that do not conform to existing standards and 6 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 definitions. 2 (b) The department shall establish a fee, not to 3 exceed $100, for the issuance of a state temporary marketing 4 permit or the use of a federal permit in the state. The fee 5 shall cover all costs of issuing the state permit or 6 processing the federal permit. 7 (5)(6) The department may impound any reconstituted or 8 recombined milk or any adulterated or misbranded milk or milk 9 product to prevent its use for human consumption, and may 10 dispose of it in a manner that does not create a nuisance. 11 (6)(7) The department has authority to adopt rules 12 pursuant to ss. 120.536(1) and 120.54 to implement and enforce 13 the provisions of this chapter. In adopting these rules, the 14 department shall be guided by and may conform to the 15 definitions and standards of the administrative procedures and 16 provisions of the pasteurized milk ordinance. The rules shall 17 include, but are not limited to: 18 (a) Standards for milk and milk products. 19 (b) Provisions for the production, transportation, 20 processing, handling, sampling, examination, grading, 21 labeling, and sale of all milk and milk products and imitation 22 and substitute milk and milk products sold for public 23 consumption in this state. 24 (c) Provisions for the inspection of dairy herds, 25 dairy farms, and milk plants. 26 (d) Provisions for the issuance and revocation of 27 permits issued by the department pursuant to this chapter. 28 (7)(8) The department shall not conduct routine tests 29 or inspections on raw milk that is shipped from outside the 30 state. Nothing in this subsection shall be construed to limit 31 the authority of the department to review industry records or 7 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 sample milk at any stage of production, processing, or 2 distribution in cases of suspected hazard to public health. 3 Section 10. 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 11. 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 (2) "Frozen desserts" means the foods which conform to 8 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 the provisions of "definitions and standards of identity for 2 frozen desserts," United States Food and Drug Administration, 3 21 C.F.R. part 135 (2004) (1990), and foods, defined by rule 4 of the department, which resemble but do not conform to 5 federal definitions. The term also includes, but is not 6 limited to, "quiescently frozen confection," "quiescently 7 frozen dairy confection," and "frozen dietary dairy dessert 8 and frozen dietary dessert." 9 Section 12. Section 531.39, Florida Statutes, is 10 amended to read: 11 531.39 State standards.--Weights and measures that are 12 traceable to the United States prototype standards supplied by 13 the Federal Government (Pub. L. No. 89-164, 1965), or approved 14 as being satisfactory by the National Institute of Standards 15 and Technology, shall be the state primary standards of 16 weights and measures, and shall be maintained in such 17 calibration as prescribed by the National Institute of 18 Standards and Technology. In addition, there shall be 19 provided by the state such secondary standards as may be 20 necessary to carry out the provisions of this chapter. The 21 secondary standards shall be verified upon their initial 22 receipt and as often thereafter as deemed necessary by the 23 department. 24 Section 13. Section 531.47, Florida Statutes, is 25 amended to read: 26 531.47 Information required on packages.--Except as 27 otherwise provided in this chapter or by rules adopted 28 pursuant thereto, any package introduced in intrastate 29 commerce, kept for the purpose of sale, or offered or exposed 30 for sale in intrastate commerce shall bear on the outside of 31 the package a definite, plain, and conspicuous declaration of: 9 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 (1) The identity of the commodity in the package, 2 unless the same can easily be identified through the wrapper 3 or container. 4 (2) The net quantity of contents in terms of weight, 5 measure, or count. 6 (3) The name and place of business of the 7 manufacturer, packer, or distributor, in the case of any 8 package kept or offered or exposed for sale or sold in any 9 place other than on the premises where packed. 10 Section 14. Section 531.49, Florida Statutes, is 11 amended to read: 12 531.49 Advertising packages for sale.--Whenever a 13 packaged commodity is advertised in any manner with the retail 14 price stated, there shall be closely and conspicuously 15 associated with the retail price a declaration of quantity as 16 is required by law or rule to appear on the package. When a 17 dual declaration is required, only the declaration that sets 18 forth the quantity in terms of the smaller unit of weight or 19 measure need appear in the advertisement. 20 Section 15. Subsection (16) of section 570.07, Florida 21 Statutes, is amended, and subsection (41) is added to that 22 section, to read: 23 570.07 Department of Agriculture and Consumer 24 Services; functions, powers, and duties.--The department shall 25 have and exercise the following functions, powers, and duties: 26 (16) To enforce the state laws and rules relating to: 27 (a) Fruit and vegetable inspection and grading; 28 (b) Pesticide spray, residue inspection, and removal; 29 (c) Registration, labeling, inspection, and analysis 30 of commercial stock feeds and commercial fertilizers; 31 (d) Classification, inspection, and sale of poultry 10 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 and eggs; 2 (e) Registration, inspection, and analysis of 3 gasolines and oils; 4 (f) Registration, labeling, inspection, and analysis 5 of pesticides; 6 (g) Registration, labeling, inspection, germination 7 testing, and sale of seeds, both common and certified; 8 (h) Weights, measures, and standards; 9 (i) Foods, as set forth in the Florida Food Safety 10 Act; 11 (j) Inspection and certification of honey; 12 (k) Sale of liquid fuels; 13 (l) Licensing of dealers in agricultural products; 14 (m) Administration and enforcement of all regulatory 15 legislation applying to milk and milk products, ice cream, and 16 frozen desserts; 17 (n) Recordation and inspection of marks and brands of 18 livestock; and 19 (o) All other regulatory laws relating to agriculture. 20 21 Notwithstanding any other law or local ordinance to the 22 contrary, in order to ensure uniform health and safety 23 standards, the adoption of standards and fines in the subject 24 areas of paragraphs (a)-(o) is expressly preempted to the 25 state and the Department of Agriculture and Consumer Services. 26 Any local government enforcing the subject areas of paragraphs 27 (a)-(o) must use the standards and fines set forth in the 28 pertinent statutes or any rules adopted by the department 29 pursuant to those statutes. 30 (41) Notwithstanding any other provision of law, to 31 use any program for online procurement of commodities or 11 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 contractual services, but not to be obligated to do so. 2 Section 16. Section 570.076, Florida Statutes, is 3 created to read: 4 570.076 Environmental Stewardship Certification 5 Program.--The department may, by rule, establish the 6 Environmental Stewardship Certification Program consistent 7 with this section. A rule adopted under this section must be 8 developed in consultation with state universities, 9 agricultural organizations, and other interested parties. 10 (1) The program must: 11 (a) Be integrated, to the maximum extent practicable, 12 with programs that are sponsored by agricultural organizations 13 or state universities. 14 (b) Be designed to recognize and promote agricultural 15 operations or homeowner practices that demonstrate exemplary 16 resource management that is related to environmental 17 stewardship. 18 (c) Include a process to periodically review a 19 certification to ensure compliance with the program 20 requirements, including implementation by the 21 certificateholder. 22 (d) Require periodic continuing education in relevant 23 environmental stewardship issues in order to maintain 24 certification. 25 (2) The department shall provide an agricultural 26 certification under this program for the implementation of one 27 or more of the following criteria: 28 (a) A voluntary agreement between an agency and an 29 agricultural producer for environmental improvement or 30 water-resource protection. 31 (b) A conservation plan that meets or exceeds the 12 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 requirements of the United States Department of Agriculture. 2 (c) Best-management practices adopted by rule pursuant 3 to s. 403.067(7)(d) or s. 570.085(2). 4 (3) The Soil and Water Conservation Council created 5 under s. 582.06 may develop and recommend to the department 6 for adoption additional criteria for receipt of an 7 agricultural certification which may include, but need not be 8 limited to: 9 (a) Comprehensive management of all on-farm resources. 10 (b) Promotion of environmental awareness and 11 responsible resource stewardship in agricultural or urban 12 communities. 13 (c) Completion of a curriculum of study that is 14 related to environmental issues and regulation. 15 (4) If needed, the department and the Institute of 16 Food and Agricultural Sciences at the University of Florida 17 may jointly develop a curriculum that provides instruction 18 concerning environmental issues pertinent to agricultural 19 certification and deliver the curriculum to, and certify its 20 completion by, any person who seeks certification or to 21 maintain certification. 22 (5) The department may enter into agreements with 23 third-party providers to administer or implement all or part 24 of the program. 25 Section 17. Paragraph (a) of subsection (4) of section 26 570.9135, Florida Statutes, is amended to read: 27 570.9135 Beef Market Development Act; definitions; 28 Florida Beef Council, Inc., creation, purposes, governing 29 board, powers, and duties; referendum on assessments imposed 30 on gross receipts from cattle sales; payments to organizations 31 for services; collecting and refunding assessments; vote on 13 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 continuing the act; council bylaws.-- 2 (4) FLORIDA BEEF COUNCIL, INC.; CREATION; PURPOSES.-- 3 (a) There is created the Florida Beef Council, Inc., a 4 not-for-profit corporation organized under the laws of this 5 state and operating as a direct-support direct-service 6 organization of the department. 7 Section 18. Subsections (2) and (5) of section 8 570.952, F.S., are amended to read: 9 570.952 Florida Agriculture Center and Horse Park 10 Authority.-- 11 (2) The authority shall be composed of 21 members 12 appointed by the commissioner. 13 (a) Members shall include: 14 1. Three citizens-at-large, who shall represent the 15 views of the general public toward agriculture and equine 16 activities in the state. 17 2. One representative from the Department of 18 Agriculture and Consumer Services. 19 3. One representative from Enterprise Florida, Inc. 20 4. One representative from the Department of 21 Environmental Protection, Office of Greenways and Trails. 22 5. One member of the Ocala/Marion County Chamber of 23 Commerce. 24 6. Two representatives of the tourism or hospitality 25 industry. 26 7. Three representatives of the commercial agriculture 27 industry. 28 8. Three representatives from recognized horse breed 29 associations. 30 9. One representative of the veterinary industry. 31 10. Three representatives from the competitive equine 14 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 industry. 2 11. One representative from the horse pleasure and 3 trail riding industry. 4 12. One representative recommended by the Board of 5 County Commissioners of Marion County. 6 (a)(b) Initially, the commissioner shall appoint 11 7 members for 4-year terms and 10 members for 2-year terms. 8 Thereafter, each member shall be appointed for a term of 4 9 years from the date of appointment, except that a vacancy 10 shall be filled by appointment for the remainder of the term. 11 (b)(c) Any member of the authority who fails to attend 12 three consecutive authority meetings without good cause shall 13 be deemed to have resigned from the authority. The 14 commissioner shall appoint a person representing the same 15 interest or trade as the resigning member. Current members 16 shall continue to serve until successors are appointed. 17 (c) Terms for members who are appointed before July 1, 18 2005, shall expire on July 1, 2005. 19 (5) The commissioner shall submit information annually 20 to the Speaker of the House of Representatives and the 21 President of the Senate reporting the activities of the 22 Florida Agriculture Center and Horse Park Authority and the 23 progress of the Florida Agriculture Center and Horse Park, 24 including, but not limited to, pertinent planning, budgeting, 25 and operational information concerning the authority. 26 Section 19. Section 581.011, Florida Statutes, is 27 amended to read: 28 581.011 Definitions.--As used in this chapter: 29 (1) "Agent" means any person selling or distributing 30 nursery stock under the partial or full control of a 31 nurseryman. 15 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 (2) "Aquatic plant" means any plant, including a 2 floating, immersed, submersed, or ditch bank species, growing 3 in or closely associated with an aquatic environment, and 4 includes any part or seed of such plant. 5 (3) "Arthropod" means any segmented invertebrate 6 animal having jointed appendages and an exoskeleton, including 7 insects, spiders, ticks, mites, and scorpions, but excluding 8 crustaceans for the purpose of this chapter. 9 (4) "Authorized representative" means any designated 10 employee, inspector, or collaborator of the division or the 11 United States Department of Agriculture. 12 (5) "Certificate of inspection" means an official 13 document stipulating compliance with the requirements of this 14 chapter. The term "certificate" includes label, rubber stamp 15 imprint, tag, permit, written statement, or any form of 16 inspection and certification document which accompanies the 17 movement of inspected and certified plant material and plant 18 products. 19 (6) "Certificate of registration" means an official 20 document issued by the division to nurseries, stock dealers, 21 agents, and plant brokers as evidence of being properly 22 registered with the division in compliance with the 23 requirements of this chapter and of any of the rules 24 promulgated hereunder. 25 (7) "Citrus" means all plants, plant parts, and plant 26 products, including seed and fruit, of all genera, species, 27 and varieties of the Rutaceous subfamilies Aurantioideae, 28 Rutoideae, and Toddalioideae, unless specifically excluded by 29 the rules of the department. 30 (8) "Collaborator" means a person cooperating with the 31 division in some capacity, who has been officially designated 16 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 to perform certain duties for the division. 2 (9) "Compliance agreement" means a written agreement 3 between the department and any person engaged in growing, 4 handling, or moving articles, plants, or plant products 5 regulated under this chapter, wherein the person agrees to 6 comply with stipulated requirements. 7 (10) "Department" means the Department of Agriculture 8 and Consumer Services of the state or its authorized 9 representative. 10 (11) "Director" means the director of the Division of 11 Plant Industry. 12 (12) "Distribution" means the movement of nursery 13 stock from the property where it is grown or kept to any other 14 noncontiguous property, regardless of the ownership of the 15 properties concerned. 16 (13) "Division" means the Division of Plant Industry 17 of the Department of Agriculture and Consumer Services. 18 (14) "Genetically engineered organism" means an 19 organism altered or produced through genetic modification from 20 a donor, vector, or recipient organism using recombinant DNA 21 techniques. 22 (15) "Invasive plant" means a naturalized exotic plant 23 that disrupts naturally occurring native plant communities. 24 (16)(15) "Move" means to ship, offer for shipment, 25 receive for transportation, carry, or otherwise transport. 26 (17)(16) "Museum" means the Florida State Collection 27 of Arthropods. 28 (18)(17) "Noxious aquatic plant" means any part, 29 including, but not limited to, seeds or reproductive parts, of 30 an aquatic plant that has the potential to hinder the growth 31 of beneficial plants, interfere with irrigation or navigation, 17 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 or adversely affect the public welfare or the natural 2 resources of this state. 3 (19)(18) "Noxious weed" means any living stage, 4 including, but not limited to, seeds and productive parts, of 5 a parasitic or other plant of a kind, or subdivision of a 6 kind, which may be a serious agricultural threat in Florida or 7 have a negative impact on the plant species protected under s. 8 581.185. 9 (20)(19) "Nursery" means any grounds or premises on or 10 in which nursery stock is grown, propagated, or held for sale 11 or distribution, except where aquatic plant species are tended 12 for harvest in the natural environment. 13 (21)(20) "Nurseryman" means any person engaged in the 14 production of nursery stock for sale or distribution. 15 (22)(21) "Nursery stock" means all plants, trees, 16 shrubs, vines, bulbs, cuttings, grafts, scions, or buds grown 17 or kept for or capable of propagation or distribution, unless 18 specifically excluded by the rules of the department. 19 (23)(22) "Official organ" means a printed document 20 published by the division for notification to the public and 21 industries in matters relating to division activities and in 22 which official announcements may be made. 23 (24)(23) "Places" means vessels, railroad cars, 24 automobiles, aircraft, and other vehicles; buildings; docks; 25 nurseries; orchards; and other premises where plants or plant 26 products are grown, kept, or handled. 27 (25)(24) "Plant broker" means a person who transacts 28 the transfer of plants from a seller to a buyer and who may or 29 may not be in actual physical possession of the plants. 30 (26)(25) "Plant pest" means any living stage of any 31 insects, mites, nematodes, slugs, snails, protozoa, or other 18 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 invertebrate animals, bacteria, fungi, other parasitic plants 2 or their reproductive parts, or viruses, or any organisms 3 similar to or allied with any of the foregoing, including any 4 genetically engineered organisms, or any infectious substances 5 which can directly or indirectly injure or cause disease or 6 damage in any plants or plant parts or any processed, 7 manufactured, or other plant products. 8 (27)(26) "Plants and plant products" means trees, 9 shrubs, vines, forage and cereal plants, and all other plants 10 and plant parts, including cuttings, grafts, scions, buds, 11 fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all 12 products made from them, unless specifically excluded by the 13 rules of the department. 14 (28)(27) "Quarantine" means an official order issued 15 by the department that regulates the movement of articles, 16 plants, or plant products to prevent the spread of disease or 17 pests. 18 (29)(28) "Stock dealer" means any person not a grower 19 of nursery stock in this state who buys or otherwise acquires 20 nursery stock for the purpose of reselling independently of 21 any control of a nurseryman, agent, or plant broker, and who 22 at any time maintains physical possession of such nursery 23 stock. 24 (30)(29) "Technical council" means the Plant Industry 25 Technical Council. 26 Section 20. Section 581.083, Florida Statutes, is 27 amended to read: 28 581.083 Introduction or release of plant pests, 29 noxious weeds, or organisms affecting plant life; cultivation 30 of nonnative plants; special permit and security required.-- 31 (1) The introduction into or release within this state 19 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 of any plant pest, noxious weed, genetically engineered plant 2 or plant pest, or any other organism which may directly or 3 indirectly affect the plant life of this state as an injurious 4 pest, parasite, or predator of other organisms, or any 5 arthropod, is prohibited, except under special permit issued 6 by the department through the division, which shall be the 7 sole issuing agency for such special permits. 8 (2) Each application for a special permit shall be 9 accompanied by a fee in an amount determined by the 10 department, through its rulemaking authority, not to exceed 11 $50. The department may waive this fee by rule for 12 governmental agencies. 13 (3) Except for research projects approved by the 14 department, no permit for any organism shall be issued unless 15 the department has determined that the parasite, predator, or 16 biological control agent is specific to a target organism or 17 plant and not likely to become a pest of plants or other 18 beneficial organisms. The department may rely on findings of 19 the Department of Environmental Protection, the United States 20 Department of Agriculture, and other agencies in making any 21 determination about organisms used for biological control. 22 (4) A person may not cultivate a nonnative plant, 23 including a genetically engineered plant or a plant that has 24 been introduced, for purposes of fuel production or purposes 25 other than agriculture in plantings greater in size than 2 26 contiguous acres, except under a special permit issued by the 27 department through the division, which is the sole agency 28 responsible for issuing such special permits. Such a permit is 29 not required if the department, in conjunction with the 30 Institute of Food and Agricultural Sciences at the University 31 of Florida, determines that the plant is not invasive and 20 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 subsequently exempts the plant by rule. 2 (a)1. Each application for a special permit must be 3 accompanied by a fee as described in subsection (2) and proof 4 that the applicant has obtained a bond in the form approved by 5 the department and issued by a surety company admitted to do 6 business in this state or by a certificate of deposit. The 7 application must also include, on a form provided by the 8 department, the name of the applicant and the applicant's 9 address or the address of the applicant's principal place of 10 business, a statement completely identifying the nonnative 11 plant to be cultivated, and a statement of the estimated cost 12 of removing and destroying the plant that is the subject of 13 the special permit and the basis for calculating or 14 determining that estimate. If the applicant is a corporation, 15 partnership, or other business entity, the applicant must also 16 provide in the application the name and address of each 17 officer, partner, or managing agent. The applicant shall 18 notify the department within 10 business days of any change of 19 address or change in the principal place of business. The 20 department shall mail all notices to the applicant's last 21 known address. 22 2. As used in this subsection, the term "certificate 23 of deposit" means a certificate of deposit at any recognized 24 financial institution doing business in the United States. The 25 department may not accept a certificate of deposit in 26 connection with the issuance of a special permit unless the 27 issuing institution is properly insured by the Federal Deposit 28 Insurance Corporation or the Federal Savings and Loan 29 Insurance Corporation. 30 (b) Upon obtaining a permit, the permitholder may 31 annually cultivate and maintain the nonnative plants as 21 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 authorized by the special permit. If the permitholder ceases 2 to maintain or cultivate the plants authorized by the special 3 permit, if the permit expires, or if the permitholder ceases 4 to abide by the conditions of the special permit, the 5 permitholder shall immediately remove and destroy the plants 6 that are subject to the permit, if any remain. The 7 permitholder shall notify the department of the removal and 8 destruction of the plants within 10 days after such event. 9 (c) If the department: 10 1. Determines that the permitholder is no longer 11 maintaining or cultivating the plants subject to the special 12 permit and has not removed and destroyed the plants authorized 13 by the special permit; 14 2. Determines that the continued maintenance or 15 cultivation of the plants presents an imminent danger to 16 public health, safety, welfare and the environment; 17 3. Determines that the permitholder has exceeded the 18 conditions of the authorized special permit; or 19 4. Receives a notice of cancellation of the surety 20 bond, 21 22 the department may issue an immediate final order, which shall 23 be immediately appealable or enjoinable as provided by chapter 24 120, directing the permitholder to immediately remove and 25 destroy the plants authorized to be cultivated under the 26 special permit. A copy of the immediate final order shall be 27 mailed to the permitholder and to the surety company or 28 financial institution that has provided security for the 29 special permit, if applicable. 30 (d) If, upon issuance by the department of an 31 immediate final order to the permitholder, the permitholder 22 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 fails to remove and destroy the plants subject to the special 2 permit within 60 days after issuance of the order, or such 3 shorter period as is designated in the order as the public 4 health, safety, and welfare requires, the department may enter 5 the cultivated acreage and remove and destroy the plants that 6 are the subject of the special permit. If the permitholder 7 makes a written request to the department for an extension of 8 time to remove and destroy the plants which demonstrates 9 specific facts showing why the plants could not reasonably be 10 removed and destroyed in the applicable timeframe, the 11 department may extend the time for removing and destroying the 12 plants subject to the special permit. The reasonable costs and 13 expenses incurred by the department for removing and 14 destroying the plants subject to the special permit shall be 15 reimbursed to the department by the permitholder within 21 16 days after the date the permitholder and the surety company or 17 financial institution are served a copy of the department's 18 invoice for the costs and expenses incurred by the department 19 to remove and destroy the cultivated plants, along with a 20 notice of administrative rights, unless the permitholder or 21 the surety company or financial institution object to the 22 reasonableness of the invoice. In the event of an objection, 23 the permitholder or surety company or financial institution is 24 entitled to an administrative proceeding as provided by 25 chapter 120. Upon entry of a final order determining the 26 reasonableness of the incurred costs and expenses, the 27 permitholder shall have 15 days following service of the final 28 order to reimburse the department. Failure of the permitholder 29 to timely reimburse the department for the incurred costs and 30 expenses entitles the department to reimbursement from the 31 applicable bond or certificate of deposit. 23 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 (e) Each permitholder shall maintain for each separate 2 growing location a bond or a certificate of deposit in an 3 amount determined by the department, but not less than 150 4 percent of the estimated cost of removing and destroying the 5 cultivated plants. The bond or certificate of deposit may not 6 exceed $5,000 per acre, unless a higher amount is determined 7 by the department to be necessary to protect the public 8 health, safety, and welfare, or unless an exemption is granted 9 by the department based on conditions specified in the 10 application which would preclude the department from incurring 11 the cost of removing and destroying the cultivated plants and 12 would prevent injury to the public health, safety, and 13 welfare. The aggregate liability of the surety company or 14 financial institution to all persons for all breaches of the 15 conditions of the bond or certificate of deposit may not 16 exceed the amount of the bond or certificate of deposit. The 17 original bond or certificate of deposit required by this 18 subsection shall be filed with the department. A surety 19 company shall give the department 30 days' written notice of 20 cancellation by certified mail in order to cancel a bond. 21 Cancellation of a bond does not relieve a surety company or 22 financial institution of liability for paying to the 23 department all costs and expenses incurred or to be incurred 24 for removing and destroying the permitted plants covered by an 25 immediate final order authorized under paragraph (c). The bond 26 or certificate of deposit must be provided or assigned in the 27 exact name in which the applicant applies for the special 28 permit. The penal sum of the surety bond or certificate of 29 deposit to be furnished to the department by a permitholder in 30 the amount specified in this paragraph must guarantee payment 31 of the costs and expenses incurred or to be incurred by the 24 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 department for removing and destroying the plants cultivated 2 under the issued special permit. The bond or certificate of 3 deposit assignment or agreement must be upon a form prescribed 4 or approved by the department and must be conditioned to 5 secure the faithful accounting for and payment of all costs 6 and expenses incurred by the department for removing and 7 destroying all plants cultivated under the special permit. The 8 bond or certificate of deposit assignment or agreement must 9 include terms binding the instrument to the Commissioner of 10 Agriculture. Such a certificate of deposit shall be presented 11 with an assignment of the permitholder's rights in the 12 certificate in favor of the Commissioner of Agriculture on a 13 form prescribed by the department and a letter from the 14 issuing institution acknowledging that the assignment has been 15 properly recorded on the books of the issuing institution and 16 will be honored by the issuing institution. Such an assignment 17 is irrevocable while the special permit is in effect and for 18 an additional period of 6 months after termination of the 19 special permit if operations to remove and destroy the 20 permitted plants are not continuing and if the department's 21 invoice remains unpaid by the permitholder under the issued 22 immediate final order. If operations to remove and destroy the 23 plants are pending, the assignment remains in effect until all 24 plants are removed and destroyed and the department's invoice 25 has been paid. The bond or certificate of deposit may be 26 released by the assignee of the surety company or financial 27 institution to the permitholder, or to the permitholder's 28 successors, assignee, or heirs, if operations to remove and 29 destroy the permitted plants are not pending and no invoice 30 remains unpaid at the conclusion of 6 months after the last 31 effective date of the special permit. The department may not 25 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 accept a certificate of deposit that contains any provision 2 that would give to any person any prior rights or claim on the 3 proceeds or principal of such a certificate of deposit. The 4 department shall determine by rule whether an annual bond or 5 certificate of deposit will be required. The amount of such a 6 bond or certificate of deposit shall be increased, upon order 7 of the department, at any time if the department finds such an 8 increase to be warranted by the cultivating operations of the 9 permitholder. In the same manner, the amount of such a bond or 10 certificate of deposit may be decreased when a decrease in the 11 cultivating operations warrants such a decrease. This 12 paragraph applies to any bond or certificate of deposit, 13 regardless of the anniversary date of its issuance, 14 expiration, or renewal. 15 (f) In order to carry out the purposes of this 16 subsection, the department or its agents may require from any 17 permitholder verified statements of the cultivated acreage 18 subject to the special permit and may review the 19 permitholder's business or cultivation records at her or his 20 place of business during normal business hours in order to 21 determine the acreage cultivated. The failure of a 22 permitholder to furnish such a statement, to make such records 23 available, or to make and deliver a new or additional bond or 24 certificate of deposit is cause for suspension of the special 25 permit. If the department finds such failure to be willful, 26 the special permit may be revoked. 27 Section 21. Subsection (3) of section 585.002, Florida 28 Statutes, is amended to read: 29 585.002 Department control; continuance of powers, 30 duties, rules, orders, etc.-- 31 (3) The department, to the exclusion of all other 26 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 state agencies, shall have regulatory authority over the 2 possession, control, care, and maintenance of ostriches, emus, 3 and rheas, and bison domesticated and confined for commercial 4 farming 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 22. Paragraph (c) of subsection (3) of section 10 590.125, Florida Statutes, is amended to read: 11 590.125 Open burning authorized by the division.-- 12 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS 13 AND PURPOSE.-- 14 (c) Neither a property owner nor or his or her agent 15 is neither liable pursuant to s. 590.13 for damage or injury 16 caused by the fire or resulting smoke or nor considered to be 17 in violation of subsection (2) for burns conducted in 18 accordance with this subsection unless gross negligence is 19 proven. 20 Section 23. Assessment of obsolete agricultural 21 equipment.-- 22 (1) For purposes of assessment for ad valorem property 23 taxes, obsolete agricultural equipment shall be deemed to have 24 a market value no greater than its value for salvage. As used 25 in this section, the term "agricultural equipment" means any 26 equipment that qualifies for the sales tax exemption provided 27 in section 212.08(3), Florida Statutes, wherever purchased. 28 Agricultural equipment shall be considered obsolete for 29 purposes of this section if it has been discarded, outmoded, 30 fully depreciated over its useful life, or is no longer in 31 general use. 27 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 (2) Any taxpayer claiming the right of assessment for 2 ad valorem taxes under this section shall so state in a return 3 filed as provided by law, giving a brief description of the 4 equipment and its use. The property appraiser may require the 5 taxpayer to produce any additional information as necessary in 6 order to establish the taxpayer's right to have such property 7 classified as obsolete under this section for purposes of the 8 assessment. 9 Section 24. If any provision of this act or the 10 application thereof to any person or circumstance is held 11 invalid, the invalidity does not affect other provisions or 12 applications of the act which can be given effect without the 13 invalid provision or application, and to this end the 14 provisions of this act are severable. 15 Section 25. This act shall take effect July 1, 2005. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to agriculture; amending s. 25 193.451, F.S.; clarifying the value for purpose 26 of assessment for ad valorem taxes of certain 27 property leased by the Department of 28 Agriculture and Consumer Services; providing 29 intent for retroactive application; amending s. 30 212.02, F.S.; revising definitions; amending 31 ss. 372.921 and 372.922, F.S.; conforming 28 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 provisions relating to regulatory authority 2 over the possession, control, care, and 3 maintenance of bison; creating s. 450.175, 4 F.S.; providing a part title; repealing s. 5 450.211, F.S., relating to the advisory 6 committee for the Legislative Commission on 7 Migrant Labor; amending s. 487.2031, F.S.; 8 redefining the term "material safety data 9 sheet" for purposes of the Florida Agricultural 10 Worker Safety Act; creating s. 487.2042, F.S.; 11 providing for investigation of complaints; 12 providing criteria for the commencement of an 13 investigation; providing for exemption from 14 civil liability under certain circumstances; 15 providing penalties for making a false 16 complaint; amending s. 502.014, F.S.; deleting 17 a duty of the department relating to issuance 18 of a temporary marketing permit for milk and 19 milk products and a fee therefor; amending s. 20 502.091, F.S.; deleting a reference to a milk 21 type no longer produced; amending s. 503.011, 22 F.S.; updating a reference in the definition of 23 the term "frozen desserts"; amending s. 531.39, 24 F.S.; deleting an outdated reference relating 25 to state standards for weights and measures; 26 amending s. 531.47, F.S.; revising provisions 27 relating to packages on which information is 28 required; amending s. 531.49, F.S.; revising 29 provisions relating to advertising packaged 30 commodities; amending s. 570.07, F.S.; 31 clarifying the power of the Department of 29 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 Agriculture and Consumer Services; providing an 2 additional power of the Department of 3 Agriculture and Consumer Services; creating s. 4 570.076, F.S.; authorizing the department to 5 adopt rules establishing the Environmental 6 Stewardship Certification Program; providing 7 program standards; providing requirements for 8 receipt of an agricultural certification; 9 authorizing the Soil and Water Conservation 10 Council to develop and recommend additional 11 criteria; authorizing the department and the 12 Institute of Food and Agricultural Sciences at 13 the University of Florida to develop, deliver, 14 and certify completion of a curriculum; 15 amending s. 570.9135, F.S.; correcting a 16 cross-reference; amending s. 570.952, F.S.; 17 amending the membership of the Florida 18 Agriculture Center and Horse Park Authority; 19 providing criteria for expiration of terms; 20 deleting a requirement to submit information to 21 the Legislature; amending s. 581.011, F.S.; 22 defining the term "invasive plant"; amending s. 23 581.083, F.S.; prohibiting the cultivation of 24 nonnative plants for purposes of fuel 25 production or purposes other than agriculture 26 in plantings greater than a specified size, 27 except under a special permit issued by the 28 department; providing an exemption; requiring 29 application for a special permit and a fee 30 therefor; requiring an applicant to show proof 31 of security through a bond or certificate of 30 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 deposit; defining the term "certificate of 2 deposit"; requiring removal and destruction of 3 plants under certain circumstances; specifying 4 circumstances under which the department may 5 issue a final order for plant removal and 6 destruction; requiring reimbursement of costs 7 and expenses for plant removal and destruction 8 by the department; providing requirements for 9 maintenance of a bond or certificate of deposit 10 by a permitholder; providing requirements 11 relating to assignment and cancellation of a 12 bond or certificate of deposit; authorizing a 13 requirement for an annual bond or certificate 14 of deposit and an increase or decrease in the 15 amount of security required; authorizing the 16 department to verify statements and accounts 17 with respect to cultivated acreage; providing 18 for suspension or revocation of a special 19 permit under certain circumstances; amending s. 20 585.002, F.S.; providing for department 21 regulatory authority over the possession, 22 control, care, and maintenance of bison; 23 providing an exception; amending s. 590.125, 24 F.S.; clarifying liability with respect to 25 prescribed burning; providing for obsolete 26 agricultural equipment to be assessed at its 27 salvage value for purposes of ad valorem 28 taxation; defining the term "agricultural 29 equipment"; providing a procedure for a 30 taxpayer to claim the right of assessment; 31 authorizing the property appraiser to require 31 3:43 PM 04/21/05 s0858c2d-ju27-e0x
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 858 Barcode 830408 1 information establishing a taxpayer's right to 2 the classification; providing severability; 3 providing an effective date. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3:43 PM 04/21/05 s0858c2d-ju27-e0x
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