Bill Text: FL S1628 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 7087 (Ch. 2013-226), HB 7089 (Ch. 2013-217) [S1628 Detail]
Download: Florida-2013-S1628-Introduced.html
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/HB 7087 (Ch. 2013-226), HB 7089 (Ch. 2013-217) [S1628 Detail]
Download: Florida-2013-S1628-Introduced.html
Florida Senate - 2013 SB 1628
By Senator Montford
3-01179-13 20131628__
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 253.034, F.S.;
4 requiring public hearings relating to the development
5 of land management plans to be held in any one, rather
6 than each, county affected by such plans; amending s.
7 388.261, F.S.; revising provisions for the
8 distribution and use of state funds for local mosquito
9 control programs; amending s. 388.271, F.S.; revising
10 the date by which mosquito control districts must
11 submit their certified budgets for approval by the
12 department; amending s. 487.160, F.S.; deleting
13 provisions requiring the department to conduct a
14 survey and compile a report on restricted-use
15 pesticides; amending s. 534.083, F.S.; deleting
16 permitting requirements for livestock haulers;
17 amending s. 570.07, F.S.; clarifying the authority of
18 the department to regulate certain open burning;
19 creating s. 570.64, F.S.; establishing the duties of
20 the Division of Food, Nutrition, and Wellness within
21 the department; providing for a director of the
22 division; amending s. 570.902, F.S.; clarifying the
23 applicability of definitions relating to certain
24 designated programs and direct-support organizations;
25 amending s. 570.903, F.S.; authorizing the department
26 to establish direct-support organizations for museums
27 and other programs of the department; deleting
28 provisions that limit the establishment of direct
29 support organizations to particular museums and
30 programs; deleting provisions authorizing direct
31 support organizations to enter into certain contracts
32 or agreements; clarifying provisions prohibiting
33 specified entities from receiving commissions, fees,
34 or financial benefits in connection with the sale or
35 exchange of real property and historical objects;
36 providing for the termination of agreements between
37 the department and direct-support organizations;
38 providing for the distribution of certain assets;
39 deleting provisions requiring the department to
40 establish certain procedures relating to museum
41 artifacts and records; amending s. 576.051, F.S.;
42 authorizing the department to establish certain
43 criteria for fertilizer sampling and analysis;
44 amending s. 576.061, F.S.; requiring the department to
45 adopt rules establishing certain investigational
46 allowances for fertilizer deficiencies; providing a
47 date by which such allowances are effective and other
48 allowances are repealed; amending s. 576.181, F.S.;
49 revising the department’s authority to adopt rules
50 establishing certain criteria for fertilizer analysis;
51 amending s. 585.61, F.S.; deleting provisions for the
52 establishment of an animal disease diagnostic
53 laboratory in Suwannee County; amending s. 586.10,
54 F.S.; authorizing apiary inspectors to be certified
55 beekeepers under certain conditions; amending s.
56 589.02, F.S.; deleting annual and special meeting
57 requirements for the Florida Forestry Council;
58 amending s. 589.19, F.S.; establishing the Operation
59 Outdoor Freedom Program within the Florida Forest
60 Service to replace provisions for the designation of
61 specified hunt areas in state forests for wounded
62 veterans and servicemembers; providing purpose and
63 intent of the program; providing eligibility
64 requirements for program participation; providing
65 exceptions from eligibility requirements for certain
66 activities; providing for deposit and use of funds
67 donated to the program; limiting the liability of
68 private landowners who provide land for designation as
69 hunting sites for purposes of the program; amending s.
70 589.30, F.S.; revising references to certain Florida
71 Forest Service personnel titles; amending s. 590.02,
72 F.S.; authorizing the Florida Forest Service to allow
73 certain types of burning; specifying that sovereign
74 immunity applies to certain planning level activities;
75 deleting provisions relating to the composition and
76 duties of the Florida Forest Training Center advisory
77 council; prohibiting government entities from banning
78 certain types of burning; authorizing the service to
79 delegate authority to special districts to manage
80 certain types of burning; revising such authority
81 delegated to counties and municipalities; amending s.
82 590.11, F.S.; revising the prohibition on leaving
83 certain recreational fires unattended, to which
84 penalties apply; amending s. 590.125, F.S.; revising
85 and providing definitions relating to open burning
86 authorized by the Florida Forest Service; revising
87 requirements for noncertified and certified burning;
88 limiting the liability of the service and certain
89 persons related to certain burns; amending s. 590.25,
90 F.S.; revising provisions relating to criminal
91 penalties for obstructing the prevention, detection,
92 or suppression of wildfires; creating chapter 595,
93 F.S., to establish the Florida School Food and
94 Nutrition Act; creating s. 595.401, F.S.; providing a
95 short title; creating s. 595.402, F.S.; providing
96 definitions; creating s. 595.403, F.S.; declaring
97 state policy relating to school food and nutrition
98 services; transferring, renumbering, and amending ss.
99 570.98 and 570.981, F.S., relating to school food and
100 nutrition services and the Florida Farm Fresh Schools
101 Program; revising the department’s duties and
102 responsibilities for administering such services and
103 program; revising requirements for school districts
104 and sponsors; transferring, renumbering, and amending
105 s. 570.982, F.S., relating to the children′s summer
106 nutrition program; clarifying provisions; creating s.
107 595.408, F.S.; authorizing the department to conduct,
108 supervise, and administer commodity distribution
109 services relating to school food and nutrition
110 services; creating s. 595.501, F.S.; providing certain
111 penalties; transferring, renumbering, and amending s.
112 570.983, relating to the Food and Nutrition Services
113 Trust Fund; conforming a cross-reference; transferring
114 and renumbering s. 570.984, F.S., relating to the
115 Healthy Schools for Healthy Lives Council; amending s.
116 1001.42, F.S.; requiring district school boards to
117 perform duties relating to school lunch programs as
118 required by the department’s rules; repealing ss.
119 487.0615, 570.382, 570.97, and 590.50, F.S., relating
120 to the Pesticide Review Council, Arabian horse racing
121 and the Arabian Horse Council, the Gertrude Maxwell
122 Save a Pet Direct-Support Organization, and permits
123 for the sale of cypress products, respectively;
124 amending ss. 487.041, 550.2625, and 550.2633, F.S.;
125 conforming provisions; providing for the disbursement
126 of specified funds; providing an effective date.
127
128 Be It Enacted by the Legislature of the State of Florida:
129
130 Section 1. Paragraph (f) of subsection (5) of section
131 253.034, Florida Statutes, is amended to read:
132 253.034 State-owned lands; uses.—
133 (5) Each manager of conservation lands shall submit to the
134 Division of State Lands a land management plan at least every 10
135 years in a form and manner prescribed by rule by the board and
136 in accordance with the provisions of s. 259.032. Each manager of
137 conservation lands shall also update a land management plan
138 whenever the manager proposes to add new facilities or make
139 substantive land use or management changes that were not
140 addressed in the approved plan, or within 1 year of the addition
141 of significant new lands. Each manager of nonconservation lands
142 shall submit to the Division of State Lands a land use plan at
143 least every 10 years in a form and manner prescribed by rule by
144 the board. The division shall review each plan for compliance
145 with the requirements of this subsection and the requirements of
146 the rules established by the board pursuant to this section. All
147 land use plans, whether for single-use or multiple-use
148 properties, shall include an analysis of the property to
149 determine if any significant natural or cultural resources are
150 located on the property. Such resources include archaeological
151 and historic sites, state and federally listed plant and animal
152 species, and imperiled natural communities and unique natural
153 features. If such resources occur on the property, the manager
154 shall consult with the Division of State Lands and other
155 appropriate agencies to develop management strategies to protect
156 such resources. Land use plans shall also provide for the
157 control of invasive nonnative plants and conservation of soil
158 and water resources, including a description of how the manager
159 plans to control and prevent soil erosion and soil or water
160 contamination. Land use plans submitted by a manager shall
161 include reference to appropriate statutory authority for such
162 use or uses and shall conform to the appropriate policies and
163 guidelines of the state land management plan. Plans for managed
164 areas larger than 1,000 acres shall contain an analysis of the
165 multiple-use potential of the property, which analysis shall
166 include the potential of the property to generate revenues to
167 enhance the management of the property. Additionally, the plan
168 shall contain an analysis of the potential use of private land
169 managers to facilitate the restoration or management of these
170 lands. In those cases where a newly acquired property has a
171 valid conservation plan that was developed by a soil and
172 conservation district, such plan shall be used to guide
173 management of the property until a formal land use plan is
174 completed.
175 (f) In developing land management plans, at least one
176 public hearing shall be held in any one each affected county.
177 Section 2. Subsection (2) of section 388.261, Florida
178 Statutes, is amended to read:
179 388.261 State aid to counties and districts for arthropod
180 control; distribution priorities and limitations.—
181 (2) Every county or district budgeting local funds to be
182 used exclusively for the control of mosquitoes and other
183 arthropods, under a plan submitted by the county or district and
184 approved by the department, is shall be eligible to receive
185 state funds and supplies, services, and equipment on a dollar
186 for-dollar matching basis to the amount of local funds budgeted.
187 If Should state funds appropriated by the Legislature are be
188 insufficient to grant each county or district state funds on a
189 dollar-for-dollar matching basis to the amount budgeted in local
190 funds, the department shall distribute the funds as prescribed
191 by rule. Such rules shall provide for up to 80 percent of the
192 funds to be distributed to programs with local funds for
193 mosquito control budgets of less than $1 million, if the county
194 or district meets the eligibility requirements. The funds shall
195 be distributed as equally as possible within the category of
196 counties pursuant to this section. The remaining funds shall be
197 distributed as prescribed by rule among the remaining counties
198 to support mosquito control and to support research, education,
199 and outreach prorate said state funds based on the amount of
200 matchable local funds budgeted for expenditure by each county or
201 district.
202 Section 3. Subsection (1) of section 388.271, Florida
203 Statutes, is amended to read:
204 388.271 Prerequisites to participation.—
205 (1) When state funds are involved, it is the duty of the
206 department to guide, review, approve, and coordinate the
207 activities of all county governments and special districts
208 receiving state funds in furtherance of the goal of integrated
209 arthropod control. Each county or district eligible to
210 participate hereunder may begin participation on October 1 of
211 any year by filing with the department not later than July 15 a
212 tentative work plan and tentative detailed work plan budget
213 providing for the control of arthropods. Following approval of
214 the plan and budget by the department, two copies of the
215 county’s or district’s certified budget based on the approved
216 work plan and detailed work plan budget shall be submitted to
217 the department by not later than September 30 15 following.
218 State funds, supplies, and services shall be made available to
219 such county or district by and through the department
220 immediately upon release of funds by the Executive Office of the
221 Governor.
222 Section 4. Section 487.160, Florida Statutes, is amended to
223 read:
224 487.160 Records; report.—Licensed private applicators
225 supervising 15 or more unlicensed applicators or mixer-loaders
226 and licensed public applicators and licensed commercial
227 applicators shall maintain records as the department may
228 determine by rule with respect to the application of restricted
229 pesticides, including, but not limited to, the type and quantity
230 of pesticide, method of application, crop treated, and dates and
231 location of application. Other licensed private applicators
232 shall maintain records as the department may determine by rule
233 with respect to the date, type, and quantity of restricted-use
234 pesticides used. Licensees shall keep records for a period of 2
235 years from date of the application of the pesticide to which the
236 records refer, and shall furnish to the department a copy of the
237 records upon written request by the department. Every third
238 year, the department shall conduct a survey and compile a report
239 on restricted-use pesticides in this state. This report shall
240 include, but not be limited to, types and quantities of
241 pesticides, methods of application, crops treated, and dates and
242 locations of application; records of persons working under
243 direct supervision; and reports of misuse, damage, or injury.
244 Section 5. Section 534.083, Florida Statutes, is amended to
245 read:
246 534.083 Livestock hauler’s permit; display of permit on
247 vehicle; bill of lading.—
248 (1) No person shall engage in the business of transporting
249 or hauling for hire livestock on any street or highway, as
250 defined in s. 316.003(53), without first having applied for and
251 obtained from the department a permit which shall expire on
252 December 31 of each year. The information supplied by the
253 applicant on the application for permit shall be certified under
254 oath. Cost of the permit shall be $5 for each year or fraction
255 thereof.
256 (2) The department shall issue a metal tag or plate to
257 every person or company required to obtain a permit to transport
258 or haul for hire livestock, which shall bear the serial number
259 of the permit. Such a tag or plate shall be issued for each
260 vehicle used by the hauler.
261 (3) The metal tag or plate required under this section
262 shall be attached to each vehicle used for transporting or
263 hauling livestock in a conspicuous place in an upright position
264 on the rear of the vehicle. When livestock is transported in a
265 trailer type vehicle propelled or drawn by a motor truck or
266 tractor, each such trailer shall have the tag or plate attached
267 to the rear of the trailer in a conspicuous place in an upright
268 position, and it shall not be necessary to have a tag attached
269 to the motor truck or tractor.
270 (4) Persons engaged in the business of transporting or
271 hauling livestock in the state shall, upon receiving such
272 livestock for transportation, issue a waybill or bill of lading
273 for all livestock transported or hauled by them, and such
274 waybill or bill of lading shall accompany the shipment of
275 livestock, with a copy thereof being furnished to the person
276 delivering livestock to the hauler. The waybill or bill of
277 lading shall show the place of origin and destination of the
278 shipment, the name of the owner of the livestock, date and time
279 of loading, name of person or company hauling the livestock, and
280 the number of animals and a general description thereof. The
281 waybill or bill of lading shall be signed by the person
282 delivering the livestock to the hauler certifying that the
283 information contained thereon is correct.
284 Section 6. Subsection (28) of section 570.07, Florida
285 Statutes, is amended to read:
286 570.07 Department of Agriculture and Consumer Services;
287 functions, powers, and duties.—The department shall have and
288 exercise the following functions, powers, and duties:
289 (28) For purposes of pollution control and the prevention
290 of wildfires, to regulate open burning connected with pile
291 burning as defined in s. 590.125(1) land-clearing, agricultural,
292 or forestry operations.
293 Section 7. Section 570.64, Florida Statutes, is created to
294 read:
295 570.64 Division of Food, Nutrition, and Wellness.—
296 (1) The duties of the Division of Food, Nutrition, and
297 Wellness include, but are not limited to, administering and
298 enforcing the powers and responsibilities of the division
299 prescribed in chapter 595 and the rules adopted thereunder.
300 (2) The director of the division shall be appointed by, and
301 serve at the pleasure of, the commissioner. The director shall
302 supervise, direct, and coordinate activities of the division,
303 exercise such powers and duties as authorized by the
304 commissioner, enforce the provisions of chapter 595 and the
305 rules adopted thereunder, and any other powers and duties as
306 authorized by the department.
307 Section 8. Section 570.902, Florida Statutes, is amended to
308 read:
309 570.902 Definitions; ss. 570.902 and 570.903.—For the
310 purpose of this section ss. 570.902 and s. 570.903:
311 (1) “Designated program” means the specific departmental
312 program which a direct-support organization has been created to
313 support.
314 (2) “Direct-support organization” or “organization” means
315 an organization which is a Florida corporation not for profit
316 incorporated under the provisions of chapter 617 and approved by
317 the department to operate for the benefit of a museum or a
318 specific departmental program.
319 (3) “Museum” means the Florida Agricultural Museum which is
320 designated as the museum for agriculture and rural history of
321 the State of Florida.
322 Section 9. Section 570.903, Florida Statutes, is amended to
323 read:
324 570.903 Direct-support organization.—
325 (1) The department may authorize When the Legislature
326 authorizes the establishment of a direct-support organizations
327 organization to provide assistance, funding, and promotional
328 support for the museums, the Florida Agriculture in the
329 Classroom Program, the Florida State Collection of Arthropods,
330 the Friends of the Florida State Forests Program of the Florida
331 Forest Service, the Forestry Arson Alert Program, and other
332 programs of the department., The following provisions shall
333 govern the creation, use, powers, and duties of the direct
334 support organizations organization:
335 (a) The department shall enter into a memorandum or letter
336 of agreement with the direct-support organization, which shall
337 specify the approval of the department, the powers and duties of
338 the direct-support organization, and rules with which the
339 direct-support organization must comply.
340 (b) The department may authorize permit, without charge,
341 appropriate use of property, facilities, and personnel of the
342 department by the a direct-support organization, subject to ss.
343 570.902 and 570.903. The use shall be for directly in keeping
344 with the approved purposes of the direct-support organization
345 and may not be made at times or places that would unreasonably
346 interfere with opportunities for the general public to use
347 department facilities for established purposes.
348 (c) The department shall prescribe by agreement contract or
349 by rule conditions with which the a direct-support organization
350 must comply in order to use property, facilities, or personnel
351 of the department or museum. Such conditions rules shall provide
352 for budget and audit review and oversight by the department.
353 (d) The department may not authorize permit the use of
354 property, facilities, or personnel of the museum, department, or
355 designated program by the a direct-support organization that
356 does not provide equal employment opportunities to all persons
357 regardless of race, color, religion, sex, age, or national
358 origin.
359 (2)(a) The direct-support organization may shall be
360 empowered to conduct programs and activities; raise funds;
361 request and receive grants, gifts, and bequests of money;
362 acquire, receive, hold, invest, and administer, in its own name,
363 securities, funds, objects of value, or other property, real or
364 personal; and make expenditures to or for the direct or indirect
365 benefit of the museum or designated program.
366 (b) Notwithstanding the provisions of s. 287.057, the
367 direct-support organization may enter into contracts or
368 agreements with or without competitive bidding for the
369 restoration of objects, historical buildings, and other
370 historical materials or for the purchase of objects, historical
371 buildings, and other historical materials which are to be added
372 to the collections of the museum, or benefit the designated
373 program. However, before the direct-support organization may
374 enter into a contract or agreement without competitive bidding,
375 the direct-support organization shall file a certification of
376 conditions and circumstances with the internal auditor of the
377 department justifying each contract or agreement.
378 (b)(c) Notwithstanding the provisions of s. 287.025(1)(e),
379 the direct-support organization may enter into contracts to
380 insure property of the museum or designated programs and may
381 insure objects or collections on loan from others in satisfying
382 security terms of the lender.
383 (3) The direct-support organization shall provide for an
384 annual financial audit in accordance with s. 215.981.
385 (4) A department employee, direct-support organization or
386 museum employee, volunteer, or director, or Neither a designated
387 program or a museum, nor a nonprofit corporation trustee or
388 employee may not:
389 (a) Receive a commission, fee, or financial benefit in
390 connection with the sale or exchange of real or personal
391 property or historical objects or properties to the direct
392 support organization, the museum, or the designated program; or
393 (b) Be a business associate of any individual, firm, or
394 organization involved in the sale or exchange of real or
395 personal property to the direct-support organization, the
396 museum, or the designated program.
397 (5) All moneys received by the direct-support organization
398 shall be deposited into an account of the direct-support
399 organization and shall be used by the organization in a manner
400 consistent with the goals of the museum or designated program.
401 (6) The identity of a donor or prospective donor who
402 desires to remain anonymous and all information identifying such
403 donor or prospective donor are confidential and exempt from the
404 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
405 Constitution.
406 (7) The Commissioner of Agriculture, or the commissioner’s
407 designee, may serve on the board of trustees and the executive
408 committee of any direct-support organization established to
409 benefit the museum or any designated program.
410 (8) The department may terminate its agreement with a
411 direct-support organization at any time if the department
412 determines that the direct-support organization no longer meets
413 the objectives of this section The department shall establish by
414 rule archival procedures relating to museum artifacts and
415 records. The rules shall provide procedures which protect the
416 museum’s artifacts and records equivalent to those procedures
417 which have been established by the Department of State under
418 chapters 257 and 267.
419 (9) Upon termination of the direct-support organization,
420 the assets of the direct-support organization shall be
421 distributed pursuant to its articles of incorporation or by-laws
422 or, if not provided for, to the department.
423 Section 10. Subsection (3) of section 576.051, Florida
424 Statutes, is amended to read:
425 576.051 Inspection, sampling, analysis.—
426 (3) The official analysis shall be made from the official
427 sample. The department, before making the official analysis,
428 shall take a sufficient portion from the official sample for
429 check analysis and place that portion in a bottle sealed and
430 identified by number, date, and the preparer’s initials. The
431 official check sample shall be kept until the analysis of the
432 official sample is completed. However, the licensee may obtain
433 upon request a portion of the official check sample. Upon
434 completion of the analysis of the official sample, a true copy
435 of the fertilizer analysis report shall be mailed to the
436 licensee of the fertilizer from whom the official sample was
437 taken and to the dealer or agent, if any, and purchaser, if
438 known. This fertilizer analysis report shall show all
439 determinations of plant nutrient and pesticides. If the official
440 analysis conforms with the provisions of this law, the official
441 check sample may be destroyed. If the official analysis does not
442 conform with the provisions of this law, the official check
443 sample shall be retained for a period of 90 days from the date
444 of the fertilizer analysis report of the official sample. If
445 within that time the licensee of the fertilizer from whom the
446 official sample was taken, upon receipt of the fertilizer
447 analysis report, makes written demand for analysis of the
448 official check sample by a referee chemist, a portion of the
449 official check sample sufficient for analysis shall be sent to a
450 referee chemist who is mutually acceptable to the department and
451 the licensee for analysis at the expense of the licensee. The
452 referee chemist, upon completion of the analysis, shall forward
453 to the department and to the licensee a fertilizer analysis
454 report bearing a proper identification mark or number; and the
455 fertilizer analysis report shall be verified by an affidavit of
456 the person making the analysis. If the results reported on the
457 fertilizer analysis report agree within the matching criteria
458 defined in department rule checks within three-tenths of 1
459 actual percent with the department’s analysis on each element
460 for which analysis was made, the mean average of the two
461 analyses shall be accepted as final and binding on all
462 concerned. However, if the referee’s fertilizer analysis report
463 results do not agree within the matching criteria defined in
464 department rule with shows a variation of greater than three
465 tenths of 1 actual percent from the department’s analysis in any
466 one or more elements for which an analysis was made, upon demand
467 of either the department or the licensee from whom the official
468 sample was taken, a portion of the official check sample
469 sufficient for analysis shall be submitted to a second referee
470 chemist who is mutually acceptable to the department and to the
471 licensee from whom the official sample was taken, at the expense
472 of the party or parties requesting the referee analysis. If no
473 demand is made for an analysis by a second referee chemist, the
474 department’s fertilizer analysis report shall be accepted as
475 final and binding on all concerned. The second referee chemist,
476 upon completion of the analysis, shall make a fertilizer
477 analysis report as provided in this subsection for the first
478 referee chemist. The mean average of the two analyses nearest in
479 conformity to each other shall be accepted as final and binding
480 on all concerned.
481 Section 11. Subsection (1) of section 576.061, Florida
482 Statutes, is amended to read:
483 576.061 Plant nutrient investigational allowances,
484 deficiencies, and penalties.—
485 (1) A commercial fertilizer is deemed deficient if the
486 analysis of any nutrient is below the guarantee by an amount
487 exceeding the investigational allowances. The department shall
488 adopt rules, which shall take effect on July 1, 2014, that
489 establish the investigational allowances used to determine
490 whether a fertilizer is deficient in plant food.
491 (a) Effective July 1, 2014, this paragraph and paragraphs
492 (b)-(f) are repealed. Until July 1, 2014, investigational
493 Investigational allowances are set as follows:
494 (b)(a) Primary plant nutrients; investigational
495 allowances.—
496 GuaranteedPercent TotalNitrogenPercentAvailablePhosphatePercentPotashPercent
497
498 04 or less 0.49 0.67 0.41
499 05 0.51 0.67 0.43
500 06 0.52 0.67 0.47
501 07 0.54 0.68 0.53
502 08 0.55 0.68 0.60
503 09 0.57 0.68 0.65
504 10 0.58 0.69 0.70
505 12 0.61 0.69 0.79
506 14 0.63 0.70 0.87
507 16 0.67 0.70 0.94
508 18 0.70 0.71 1.01
509 20 0.73 0.72 1.08
510 22 0.75 0.72 1.15
511 24 0.78 0.73 1.21
512 26 0.81 0.73 1.27
513 28 0.83 0.74 1.33
514 30 0.86 0.75 1.39
515 32 or more 0.88 0.76 1.44
516 For guarantees not listed, calculate the appropriate value by
517 interpolation.
518 (c)(b) Nitrogen investigational allowances.—
519 Nitrogen Breakdown Investigational AllowancesPercent
520
521 Nitrate nitrogen 0.40
522 Ammoniacal nitrogen 0.40
523 Water soluble nitrogenor urea nitrogen 0.40
524 Water insoluble nitrogen 0.30
525 In no case may the investigational allowance exceed 50 percent
526 of the amount guaranteed.
527 (d)(c) Secondary and micro plant nutrients, total or
528 soluble.—
529 Element Investigational Allowances Percent
530
531 Calcium 0.2 unit+5 percent of guarantee
532 Magnesium 0.2 unit+5 percent of guarantee
533 Sulfur (free and combined) 0.2 unit+5 percent of guarantee
534 Boron 0.003 unit+15 percent of guarantee
535 Cobalt 0.0001 unit+30 percent of guarantee
536 Chlorine 0.005 unit+10 percent of guarantee
537 Copper 0.005 unit+10 percent of guarantee
538 Iron 0.005 unit+10 percent of guarantee
539 Manganese 0.005 unit+10 percent of guarantee
540 Molybdenum 0.0001 unit+30 percent of guarantee
541 Sodium 0.005 unit+10 percent of guarantee
542 Zinc 0.005 unit+10 percent of guarantee
543 The maximum allowance for secondary and minor elements when
544 calculated in accordance with this section is 1 unit (1
545 percent). In no case, however, may the investigational allowance
546 exceed 50 percent of the amount guaranteed.
547 (e)(d) Liming materials and gypsum.—
548 Range Percent Investigational AllowancesPercent
549
550 0-10 0.30
551 Over 10-25 0.40
552 Over 25 0.50
553 (f)(e) Pesticides in fertilizer mixtures.—An
554 investigational allowance of 25 percent of the guarantee shall
555 be allowed on all pesticides when added to custom blend
556 fertilizers.
557 Section 12. Subsection (2) of section 576.181, Florida
558 Statutes, is amended to read:
559 576.181 Administration; rules; procedure.—
560 (2) The department may adopt rules is authorized, by rule,
561 to implement, make specific, and interpret the provisions of
562 this chapter, and specifically to determine the composition and
563 uses of fertilizer as defined in this chapter, including, but
564 not limited to without limiting the foregoing general terms, the
565 taking and handling of samples, the establishment of
566 investigational allowances, deficiencies, matching criteria for
567 referee analysis, and penalties where not specifically provided
568 for in this chapter; to prohibit the sale or use in fertilizer
569 of any material proven to be detrimental to agriculture, public
570 health, or the environment, or of questionable value; to provide
571 for the incorporation into fertilizer of such other substances
572 as pesticides and proper labeling of such mixture; and to
573 prescribe the information which shall appear on the label other
574 than specifically set forth in this chapter.
575 Section 13. Section 585.61, Florida Statutes, is amended to
576 read:
577 585.61 Animal disease diagnostic laboratory laboratories.—
578 (1) There is hereby created and established an animal
579 disease diagnostic laboratory in Osceola County and Suwannee
580 County. The laboratory complex in Osceola County is designated
581 as the “Bronson Animal Disease Diagnostic Laboratory.”
582 (2) The construction and operation of all the laboratory
583 laboratories established by this section shall be under the
584 supervision and control of the department. It shall be the duty
585 of the department to operate the laboratory these laboratories
586 in an efficient manner so that any person who maintains animals
587 in this state may obtain prompt reliable diagnosis of animal
588 diseases, including any disease which may affect poultry eggs,
589 in this state, and recommendations for the control and
590 eradication of such diseases, to the end that diseases of
591 animals may be reduced and controlled, and eradicated when
592 possible.
593 (3) Any person who maintains animals in the state may use
594 the services of the laboratory laboratories under the terms of
595 this section and the rules adopted for such use by the
596 department. The department shall require any user of its
597 services to pay a fee not to exceed $300 for any one of the
598 services requested. All laboratory fees collected shall be
599 deposited in the Animal Industry Diagnostic Laboratory Account
600 within the General Inspection Trust Fund. The fees collected
601 shall be used to improve the diagnostic laboratory services as
602 provided for by the Legislature in the General Appropriations
603 Act.
604 Section 14. Paragraph (f) of subsection (3) of section
605 586.10, Florida Statutes, is amended to read:
606 586.10 Powers and duties of department; preemption of local
607 government ordinances.—
608 (3) The department may:
609 (f) Inspect or cause to be inspected all apiaries in the
610 state at such intervals as it may deem best and keep a complete,
611 accurate, and current list of all inspected apiaries to include
612 the:
613 1. Name of the apiary.
614 2. Name of the owner of the apiary.
615 3. Mailing address of the apiary owner.
616 4. Location of the apiary.
617 5. Number of hives in the apiary.
618 6. Pest problems associated with the apiary.
619 7. Brands used by beekeepers where applicable.
620
621 Notwithstanding s. 112.313, an apiary inspector may be a
622 certified beekeeper as long as the inspector does not inspect
623 his or her own apiary.
624 Section 15. Section 589.02, Florida Statutes, is amended to
625 read:
626 589.02 Headquarters and meetings of council.—The official
627 headquarters of the council shall be in Tallahassee, but it may
628 hold meetings at such other places in the state as it may
629 determine by resolutions or as may be selected by a majority of
630 the members of the council in any call for a meeting. The annual
631 meeting of the council shall be held on the first Monday in
632 October of each year. Special meetings may be called at any time
633 by the chair or upon the written request of a majority of the
634 members. The council shall annually elect from its members a
635 chair, a vice chair, and a secretary. The election shall be held
636 at the annual meeting of the council. A majority of the members
637 of the council shall constitute a quorum for such purposes.
638 Section 16. Subsection (4) of section 589.19, Florida
639 Statutes, is amended to read:
640 589.19 Creation of certain state forests; naming of certain
641 state forests; Operation Outdoor Freedom Program.—
642 (4)(a) To honor the nation’s disabled veterans and injured
643 active duty servicemembers, the Florida Forest Service shall
644 coordinate efforts to develop an Operation Outdoor Freedom
645 Program to provide hunting and other activities for eligible
646 veterans and servicemembers in designated state forest areas and
647 on designated public and private lands. The Legislature finds it
648 to be in the public interest for the Florida Forest Service to
649 develop partnerships with the Fish and Wildlife Conservation
650 Commission and other public and private organizations in order
651 to provide the needed resources and funding to make the program
652 successful The Florida Forest Service shall designate one or
653 more areas of state forests as an “Operation Outdoor Freedom
654 Special Hunt Area” to honor wounded veterans and servicemembers.
655 The purpose of such designated areas is to provide special
656 outdoor recreational opportunities for eligible veterans and
657 servicemembers.
658 (b) Participation in the Operation Outdoor Freedom Program
659 shall be limited to Florida residents, as defined in s.
660 379.101(30)(b), The Florida Forest Service shall limit guest
661 admittance to such designated areas to any person who:
662 1. Are honorably discharged military veterans certified by
663 the United States Department of Veterans Affairs or its
664 predecessor or by any branch of the United States Armed Forces
665 to be at least 30 percent permanently service-connected disabled
666 Is an active duty member of any branch of the United States
667 Armed Forces and has a combat-related injury as determined by
668 his or her branch of the United States Armed Forces; or
669 2. Have been awarded the Military Order of the Purple
670 Heart; or Is a veteran who served during a period of wartime
671 service as defined in s. 1.01(14) or peacetime service as
672 defined in s. 296.02 and:
673 a. Has a service-connected disability as determined by the
674 United States Department of Veterans Affairs; or
675 b. Was discharged or released from military service because
676 of a disability acquired or aggravated while serving on active
677 duty
678 3. Are active duty servicemembers with a service-connected
679 injury as determined by his or her branch of the United States
680 Armed Forces.
681
682 Proof of eligibility under this subsection, as prescribed by the
683 Florida Forest Service, may be required.
684 (c) Notwithstanding the eligibility requirements for
685 program participation in paragraph (b), guided or unguided
686 invitation-only activities may be conducted as part of the
687 Operation Outdoor Freedom Program for injured or disabled
688 veterans and injured or disabled active duty servicemembers of
689 any branch of the United States Armed Forces in designated state
690 forest areas and on designated public and private lands. The
691 Florida Forest Service may grant admittance to such designated
692 areas and lands to a person who is not an eligible veteran or
693 servicemember for the sole purpose purposes of accompanying an
694 eligible veteran or servicemember who requires the person’s
695 assistance to use such designated areas and lands.
696 (d) The Florida Forest Service may cooperate with state and
697 federal agencies, local governments, private landowners, and
698 other entities in connection with the Operation Outdoor Freedom
699 Program. Donations to the Operation Outdoor Freedom Program
700 Funding required for specialized accommodations shall be
701 deposited into the account of provided through the Friends of
702 Florida State Forests Program created under s. 589.012 and used
703 for Operation Outdoor Freedom Program activities.
704 (e)1. A private landowner who provides land for designation
705 and use as an Operation Outdoor Freedom Program hunting site
706 shall have limited liability pursuant to s. 375.251.
707 2. A private landowner who consents to the designation and
708 use of land as part of the Operation Outdoor Freedom Program
709 without compensation shall be considered a volunteer, as defined
710 in s. 110.501, and shall be covered by state liability
711 protection pursuant to s. 768.28, including s. 768.28(9).
712 3. This subsection does not:
713 a. Relieve any person of liability that would otherwise
714 exist for deliberate, willful, or malicious injury to persons or
715 property.
716 b. Create or increase the liability of any person.
717 (f) The Legislature shall designate the second Saturday of
718 each November as Operation Outdoor Freedom Day.
719 (g)(e) The Florida Forest Service may adopt rules to
720 administer this subsection.
721 Section 17. Section 589.30, Florida Statutes, is amended to
722 read:
723 589.30 Duty of district or center manager forester.—It
724 shall be the duty of the district or center manager forester to
725 direct all work in accordance with the law and regulations of
726 the Florida Forest Service; gather and disseminate information
727 in the management of commercial timber, including establishment,
728 protection and utilization; and assist in the development and
729 use of forest lands for outdoor recreation, watershed
730 protection, and wildlife habitat. The district or center manager
731 forester or his or her representative shall provide
732 encouragement and technical assistance to individuals and urban
733 and county officials in the planning, establishment, and
734 management of trees and plant associations to enhance the beauty
735 of the urban and suburban environment and meet outdoor
736 recreational needs.
737 Section 18. Subsections (1), (2), (3), (7), and (10) of
738 section 590.02, Florida Statutes, are amended to read:
739 590.02 Florida Forest Service; powers, authority, and
740 duties; liability; building structures; Florida Center for
741 Wildfire and Forest Resources Management Training.—
742 (1) The Florida Forest Service has the following powers,
743 authority, and duties:
744 (a) To enforce the provisions of this chapter;
745 (b) To prevent, detect, and suppress, and extinguish
746 wildfires wherever they may occur on public or private land in
747 this state and to do all things necessary in the exercise of
748 such powers, authority, and duties;
749 (c) To provide firefighting crews, who shall be under the
750 control and direction of the Florida Forest Service and its
751 designated agents;
752 (d) To appoint center managers, forest area supervisors,
753 forestry program administrators, a forest protection bureau
754 chief, a forest protection assistant bureau chief, a field
755 operations bureau chief, deputy chiefs of field operations,
756 district managers, forest operations administrators, senior
757 forest rangers, investigators, forest rangers, firefighter
758 rotorcraft pilots, and other employees who may, at the Florida
759 Forest Service’s discretion, be certified as forestry
760 firefighters pursuant to s. 633.35(4). Other provisions of law
761 notwithstanding, center managers, district managers, forest
762 protection assistant bureau chief, and deputy chiefs of field
763 operations shall have Selected Exempt Service status in the
764 state personnel designation;
765 (e) To develop a training curriculum for forestry
766 firefighters which must contain the basic volunteer structural
767 fire training course approved by the Florida State Fire College
768 of the Division of State Fire Marshal and a minimum of 250 hours
769 of wildfire training;
770 (f) To make rules to accomplish the purposes of this
771 chapter;
772 (g) To provide fire management services and emergency
773 response assistance and to set and charge reasonable fees for
774 performance of those services. Moneys collected from such fees
775 shall be deposited into the Incidental Trust Fund of the Florida
776 Forest Service; and
777 (h) To require all state, regional, and local government
778 agencies operating aircraft in the vicinity of an ongoing
779 wildfire to operate in compliance with the applicable state
780 Wildfire Aviation Plan; and
781 (i) To authorize broadcast burning, prescribed burning,
782 pile burning, and land clearing debris burning to carry out the
783 duties of this chapter and the rules adopted thereunder.
784 (2) The Florida Forest Service’s employees, and the
785 firefighting crews under their control and direction, may enter
786 upon any lands for the purpose of preventing, detecting, and
787 suppressing wildfires and investigating smoke complaints or open
788 burning not in compliance with authorization and to enforce the
789 provisions of this chapter.
790 (3) Employees of the Florida Forest Service and of federal,
791 state, and local agencies, and all other persons and entities
792 that are under contract or agreement with the Florida Forest
793 Service to assist in firefighting operations as well as those
794 entities, called upon by the Florida Forest Service to assist in
795 firefighting may, in the performance of their duties, set
796 counterfires, remove fences and other obstacles, dig trenches,
797 cut firelines, use water from public and private sources, and
798 carry on all other customary activities in the fighting of
799 wildfires without incurring liability to any person or entity.
800 The manner in which the Florida Forest Service monitors a
801 smoldering wildfire, smoldering prescribed fire, or fights any
802 wildfire are planning level activities for which sovereign
803 immunity applies and is not waived.
804 (7) The Florida Forest Service may organize, staff, equip,
805 and operate the Florida Center for Wildfire and Forest Resources
806 Management Training Center. The center shall serve as a site
807 where fire and forest resource managers can obtain current
808 knowledge, techniques, skills, and theory as they relate to
809 their respective disciplines.
810 (a) The center may establish cooperative efforts involving
811 federal, state, and local entities; hire appropriate personnel;
812 and engage others by contract or agreement with or without
813 compensation to assist in carrying out the training and
814 operations of the center.
815 (b) The center shall provide wildfire suppression training
816 opportunities for rural fire departments, volunteer fire
817 departments, and other local fire response units.
818 (c) The center will focus on curriculum related to, but not
819 limited to, fuel reduction, an incident management system,
820 prescribed burning certification, multiple-use land management,
821 water quality, forest health, environmental education, and
822 wildfire suppression training for structural firefighters.
823 (d) The center may assess appropriate fees for food,
824 lodging, travel, course materials, and supplies in order to meet
825 its operational costs and may grant free meals, room, and
826 scholarships to persons and other entities in exchange for
827 instructional assistance.
828 (e) An advisory committee consisting of the following
829 individuals or their designees must review program curriculum,
830 course content, and scheduling: the director of the Florida
831 Forest Service; the assistant director of the Florida Forest
832 Service; the director of the School of Forest Resources and
833 Conservation of the University of Florida; the director of the
834 Division of Recreation and Parks of the Department of
835 Environmental Protection; the director of the Division of the
836 State Fire Marshal; the director of the Florida Chapter of The
837 Nature Conservancy; the executive vice president of the Florida
838 Forestry Association; the president of the Florida Farm Bureau
839 Federation; the executive director of the Fish and Wildlife
840 Conservation Commission; the executive director of a water
841 management district as appointed by the Commissioner of
842 Agriculture; the supervisor of the National Forests in Florida;
843 the president of the Florida Fire Chief’s Association; and the
844 executive director of the Tall Timbers Research Station.
845 (10)(a) Notwithstanding the provisions of s. 252.38, the
846 Florida Forest Service has exclusive authority to require and
847 issue authorizations for broadcast burning and agricultural and
848 silvicultural pile burning. An agency, commission, department,
849 county, municipality, or other political subdivision of the
850 state may not adopt or enforce laws, regulations, rules, or
851 policies pertaining to broadcast burning or agricultural and
852 silvicultural pile burning unless an emergency order is declared
853 in accordance with s. 252.38(3).
854 (b) The Florida Forest Service may delegate to a county, or
855 municipality, or special district its authority:,
856 1. As delegated by the Department of Environmental
857 Protection pursuant to ss. 403.061(28) and 403.081, to manage
858 and enforce regulations pertaining to require and issue
859 authorizations for the burning of yard trash and debris from
860 land clearing operations in accordance with s. 590.125(6).
861 2. To manage the open burning of land clearing debris in
862 accordance with s. 590.125.
863 Section 19. Subsection (1) of section 590.11, Florida
864 Statutes, is amended to read:
865 590.11 Recreational fires.—
866 (1) It is unlawful for any individual or group of
867 individuals to build a warming fire, bonfire, or campfire and
868 leave it unattended while visible flame, smoke, or emissions
869 exist unextinguished.
870 Section 20. Subsections (1) and (2), paragraphs (b) and (c)
871 of subsection (3), and paragraph (a) of subsection (4) of
872 section 590.125, Florida Statutes, are amended to read:
873 590.125 Open burning authorized by the Florida Forest
874 Service.—
875 (1) DEFINITIONS.—As used in this section, the term:
876 (a) “Certified pile burner” means an individual who
877 successfully completes the pile burning certification program of
878 the Florida Forest Service and possesses a valid pile burner
879 certification number.
880 (b) “Certified pile burning” means a pile burn conducted in
881 accordance with a written pile burning plan by a certified pile
882 burner.
883 (c)(b) “Certified prescribed burn manager” means an
884 individual who successfully completes the certified prescribed
885 burning program of the Florida Forest Service and possesses a
886 valid certification number.
887 (d) “Certified prescribed burning” means prescribed burning
888 in accordance with a written prescription conducted by a
889 certified prescribed burn manager.
890 (e) “Contained” means that fire and smoldering exist
891 entirely within established or natural firebreaks.
892 (f)(c) “Completed” “Extinguished” means that for:
893 1. Broadcast burning, no continued lateral movement of fire
894 across the authorized area into entirely unburned fuels Wildland
895 burning or certified prescribed burning, no spreading flames
896 exist.
897 2. Certified pile Vegetative land-clearing debris burning
898 or pile burning, no visible flames exist.
899 3. Certified pile Vegetative land-clearing debris burning
900 or pile burning in an area designated as smoke sensitive by the
901 Florida Forest Service, no visible flames, smoke, or emissions
902 exist.
903 (g) “Gross negligence” means conduct so reckless or wanting
904 in care that it constitutes a conscious disregard or
905 indifference to the life, safety, or rights of persons exposed
906 to such conduct.
907 (d) “Land-clearing operation” means the uprooting or
908 clearing of vegetation in connection with the construction of
909 buildings and rights-of-way, land development, and mineral
910 operations. The term does not include the clearing of yard
911 trash.
912 (h)(e) “Pile burning” means the burning of silvicultural,
913 agricultural, or land-clearing, or and tree-cutting debris
914 originating onsite, which is stacked together in a round or
915 linear fashion, including, but not limited to, a windrow. Pile
916 burning authorized by the Florida Forest Service is a temporary
917 procedure, which operates on the same site for 6 months or less.
918 (i) “Pile burn plan” means a written plan establishing the
919 method of conducting a certified pile burn.
920 (j)(f) “Prescribed burning” means the controlled
921 application of fire by broadcast burning in accordance with a
922 written prescription for vegetative fuels under specified
923 environmental conditions, while following appropriate
924 precautionary measures that ensure that the fire is contained
925 within confined to a predetermined area to accomplish the
926 planned fire or land management objectives.
927 (k)(g) “Prescription” means a written plan establishing the
928 conditions and method for conducting criteria necessary for
929 starting, controlling, and extinguishing a certified prescribed
930 burn.
931 (l) “Smoldering” means the continued consumption of fuels,
932 which may emit flames and smoke, after a fire is contained.
933 (m)(h) “Yard trash” means vegetative matter resulting from
934 landscaping and yard maintenance operations and other such
935 routine property cleanup activities. The term includes materials
936 such as leaves, shrub trimmings, grass clippings, brush, and
937 palm fronds.
938 (2) NONCERTIFIED BURNING.—
939 (a) Persons may be authorized to broadcast burn or pile
940 burn wild land or vegetative land-clearing debris in accordance
941 with this subsection if:
942 1. There is specific consent of the landowner or his or her
943 designee;
944 2. Authorization has been obtained from the Florida Forest
945 Service or its designated agent before starting the burn;
946 3. There are adequate firebreaks at the burn site and
947 sufficient personnel and firefighting equipment for the
948 containment control of the fire;
949 4. The fire remains within the boundary of the authorized
950 area;
951 5. The person named responsible in the burn authorization
952 or a designee An authorized person is present at the burn site
953 until the fire is completed extinguished;
954 6. The Florida Forest Service does not cancel the
955 authorization; and
956 7. The Florida Forest Service determines that air quality
957 and fire danger are favorable for safe burning.
958 (b) A person who broadcast burns or pile burns wild land or
959 vegetative land-clearing debris in a manner that violates any
960 requirement of this subsection commits a misdemeanor of the
961 second degree, punishable as provided in s. 775.082 or s.
962 775.083.
963 (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND
964 PURPOSE.—
965 (b) Certified prescribed burning pertains only to broadcast
966 burning for purposes of silviculture, wildland fire hazard
967 reduction, wildlife management, ecological maintenance and
968 restoration, and agriculture range and pasture management. It
969 must be conducted in accordance with this subsection and:
970 1. May be accomplished only when a certified prescribed
971 burn manager is present on site with a copy of the prescription
972 and directly supervises the certified prescribed burn until the
973 burn is completed, after which the certified prescribed burn
974 manager is not required to be present from ignition of the burn
975 to its completion.
976 2. Requires that a written prescription be prepared before
977 receiving authorization to burn from the Florida Forest Service.
978 a. A new prescription or authorization is not required for
979 smoldering that occurs within the authorized burn area when no
980 new ignitions are conducted by the certified prescribed burn
981 manager.
982 b. Monitoring the smoldering activity of a certified
983 prescribed burn does not require a prescription or an additional
984 authorization even if flames begin to spread within the
985 authorized burn area due to ongoing smoldering.
986 3. Requires that the specific consent of the landowner or
987 his or her designee be obtained before requesting an
988 authorization.
989 4. Requires that an authorization to burn be obtained from
990 the Florida Forest Service before igniting the burn.
991 5. Requires that there be adequate firebreaks at the burn
992 site and sufficient personnel and firefighting equipment to
993 contain for the control of the fire within the authorized burn
994 area.
995 a. Fire spreading outside the authorized burn area on the
996 day of the certified prescribed burn ignition does not
997 constitute conclusive proof of inadequate firebreaks,
998 insufficient personnel, or a lack of firefighting equipment.
999 b. During the authorization period, if the certified
1000 prescribed burn is contained within the authorized burn area, a
1001 strong rebuttable presumption shall exist that adequate
1002 firebreaks, sufficient personnel, and sufficient firefighting
1003 equipment were present.
1004 c. Continued smoldering of a certified prescribed burn
1005 resulting in a subsequent wildfire does not by itself constitute
1006 evidence of gross negligence under this section.
1007 6. Is considered to be in the public interest and does not
1008 constitute a public or private nuisance when conducted under
1009 applicable state air pollution statutes and rules.
1010 7. Is considered to be a property right of the property
1011 owner if vegetative fuels are burned as required in this
1012 subsection.
1013 (c) Neither A property owner, nor his or her agent,
1014 contractor, or legally authorized designee is not liable
1015 pursuant to s. 590.13 for damage or injury caused by the fire,
1016 including the reignition of a smoldering, previously contained
1017 burn, or resulting smoke or considered to be in violation of
1018 subsection (2) for burns conducted in accordance with this
1019 subsection, unless gross negligence is proven. The Florida
1020 Forest Service is not liable for burns for which it issues
1021 authorizations.
1022 (4) CERTIFIED PILE BURNING.—
1023 (a) Certified pile burning pertains to the disposal of
1024 piled, naturally occurring debris from an agricultural,
1025 silvicultural, or temporary land-clearing, or tree cutting
1026 debris originating on site operation. A land-clearing operation
1027 is temporary if it operates for 6 months or less. Certified pile
1028 burning must be conducted in accordance with the following:
1029 1. A certified pile burner must ensure, before ignition,
1030 that the piles are properly placed and that the content of the
1031 piles is conducive to efficient burning.
1032 2. A certified pile burner must ensure that the authorized
1033 burn is completed piles are properly extinguished no later than
1034 1 hour after sunset. If the burn is conducted in an area
1035 designated by the Florida Forest Service as smoke sensitive, a
1036 certified pile burner must ensure that the authorized burn is
1037 completed piles are properly extinguished at least 1 hour before
1038 sunset.
1039 3. A written pile burning plan must be prepared before
1040 receiving authorization from the Florida Forest Service to burn
1041 and must be on site and available for inspection by a department
1042 representative.
1043 4. The specific consent of the landowner or his or her
1044 agent must be obtained before requesting authorization to burn.
1045 5. An authorization to burn must be obtained from the
1046 Florida Forest Service or its designated agent before igniting
1047 the burn.
1048 6. There must be adequate firebreaks and sufficient
1049 personnel and firefighting equipment at the burn site to contain
1050 the burn to the piles authorized control the fire.
1051 Section 21. Section 590.25, Florida Statutes, is amended to
1052 read:
1053 590.25 Penalty for preventing or obstructing the
1054 prevention, detection, or suppression extinguishment of
1055 wildfires.—Whoever interferes shall interfere with, obstructs
1056 obstruct or commits commit any act aimed to obstruct the
1057 prevention, detection, or suppression extinguishment of
1058 wildfires by the employees of the Florida Forest Service or any
1059 other person engaged in the prevention, detection, or
1060 suppression extinguishment of a wildfire, or who damages or
1061 destroys any equipment being used for such purpose, commits
1062 shall be guilty of a felony of the third degree, punishable as
1063 provided in s. 775.082, s. 775.083, or s. 775.084.
1064 Section 22. Chapter 595, Florida Statutes, is created,
1065 shall consist of sections 595.401-595.701, Florida Statutes, and
1066 shall be entitled “School Food and Nutrition Services.”
1067 Section 23. Section 595.401, Florida Statutes, is created
1068 to read:
1069 595.401 Short title.—This chapter may be cited as the
1070 “Florida School Food and Nutrition Act.”
1071 Section 24. Section 595.402, Florida Statutes, is created
1072 to read:
1073 595.402 Definitions.—As used in this chapter, the term:
1074 (1) “Commissioner” means the Commissioner of Agriculture.
1075 (2) “Department” means the Department of Agriculture and
1076 Consumer Services.
1077 (3) “Program” means any one or more of the school food and
1078 nutrition service programs that the department has
1079 responsibility over including, but not limited to, the National
1080 School Lunch Program, the Special Milk Program, the School
1081 Breakfast Program, the Summer Food Service Program, the Fresh
1082 Fruit and Vegetable Program, and any other program that relates
1083 to school nutrition.
1084 (4) “School district” means any of the 67 county school
1085 districts, including the respective district school board.
1086 (5) “Sponsor” means any entity that is conducting a program
1087 under a current agreement with the department.
1088 Section 25. Section 595.403, Florida Statutes, is created
1089 to read:
1090 595.403 State policy.—The Legislature, in recognition of
1091 the demonstrated relationship between good nutrition and the
1092 capacity of students to develop and learn, declares that it is
1093 the policy of the state to provide standards for school food and
1094 nutrition services and to require each school district to
1095 establish and maintain an appropriate school food and nutrition
1096 service program consistent with the nutritional needs of
1097 students. To implement that policy, the state shall provide
1098 funds to meet the state National School Lunch Act matching
1099 requirements. The funds provided shall be distributed in such a
1100 manner as to comply with the requirements of the National School
1101 Lunch Act.
1102 Section 26. Section 570.98, Florida Statutes, is
1103 transferred, renumbered as section 595.404, Florida Statutes,
1104 and amended to read:
1105 595.404 570.98 School food and nutrition service program;
1106 powers and duties of the department programs.—
1107 (1) The department has the following powers and duties:
1108 shall
1109 (1) To conduct, supervise, and administer the program all
1110 school food and nutrition programs that will be carried out
1111 using federal or state funds, or funds from any other source.
1112 (2) To fully The department shall cooperate fully with the
1113 United States Government and its agencies and instrumentalities
1114 so that the department may receive the benefit of all federal
1115 financial allotments and assistance possible to carry out the
1116 purposes of this chapter.
1117 (3) To implement and adopt by rule, as required, federal
1118 regulations to maximize federal assistance for the program. The
1119 department may
1120 (4) To act as agent of, or contract with, the Federal
1121 Government, another state agency, or any county or municipal
1122 government, or sponsor for the administration of the program
1123 school food and nutrition programs, including the distribution
1124 of funds provided by the Federal Government to support the
1125 program school food and nutrition programs.
1126 (5) To make a reasonable effort to ensure that any school
1127 designated as a “severe need school” receives the highest rate
1128 of reimbursement to which it is entitled under 42 U.S.C. s. 1773
1129 for each breakfast meal served.
1130 (6) To develop and propose legislation necessary to
1131 implement the program, encourage the development of innovative
1132 school food and nutrition services, and expand participation in
1133 the program.
1134 (7) To annually allocate among the sponsors, as applicable,
1135 funds provided from the school breakfast supplement in the
1136 General Appropriations Act based on each district’s total number
1137 of free and reduced-price breakfast meals served.
1138 (8) To employ such persons as are necessary to perform its
1139 duties under this chapter.
1140 (9) To adopt rules covering the administration, operation,
1141 and enforcement of the program as well as to implement the
1142 provisions of this chapter.
1143 (10) To adopt and implement an appeal process by rule, as
1144 required by federal regulations, for applicants and participants
1145 under the program, notwithstanding s. 120.569 and ss. 120.57
1146 120.595.
1147 (11) To assist, train, and review each sponsor in its
1148 implementation of the program.
1149 (12) To advance funds from the program’s annual
1150 appropriation to sponsors, when requested, in order to implement
1151 the provisions of this chapter and in accordance with federal
1152 regulations.
1153 Section 27. Subsections (1) through (5) of section 570.981,
1154 Florida Statutes, are transferred, renumbered as section
1155 595.405, Florida Statutes, and amended to read:
1156 595.405 570.981 Program requirements for school districts
1157 and sponsors food service programs.—
1158 (1) In recognition of the demonstrated relationship between
1159 good nutrition and the capacity of students to develop and
1160 learn, it is the policy of the state to provide standards for
1161 school food service and to require district school boards to
1162 establish and maintain an appropriate private school food
1163 service program consistent with the nutritional needs of
1164 students.
1165 (2) The department shall adopt rules covering the
1166 administration and operation of the school food service
1167 programs.
1168 (1)(3) Each school district school board shall consider the
1169 recommendations of the district school superintendent and adopt
1170 policies to provide for an appropriate food and nutrition
1171 service program for students consistent with federal law and
1172 department rules rule.
1173 (4) The state shall provide the state National School Lunch
1174 Act matching requirements. The funds provided shall be
1175 distributed in such a manner as to comply with the requirements
1176 of the National School Lunch Act.
1177 (2)(5)(a) Each school district school board shall implement
1178 school breakfast programs that make breakfast meals available to
1179 all students in each elementary school. Universal school
1180 breakfast programs shall be offered in schools in which 80
1181 percent or more of the students are eligible for free or
1182 reduced-price meals. Each school shall, to the maximum extent
1183 practicable, make breakfast meals available to students at an
1184 alternative site location, which may include, but need not be
1185 limited to, alternative breakfast options as described in
1186 publications of the Food and Nutrition Service of the United
1187 States Department of Agriculture for the federal School
1188 Breakfast Program.
1189 (3)(b) Each school district must annually set prices for
1190 breakfast meals at rates that, combined with federal
1191 reimbursements and state allocations, are sufficient to defray
1192 costs of school breakfast programs without requiring allocations
1193 from the district’s operating funds, except if the district
1194 school board approves lower rates.
1195 (4)(c) Each school district school board is encouraged to
1196 provide universal-free school breakfast meals to all students in
1197 each elementary, middle, and high school. Each school district
1198 school board shall approve or disapprove a policy, after
1199 receiving public testimony concerning the proposed policy at two
1200 or more regular meetings, which makes universal-free school
1201 breakfast meals available to all students in each elementary,
1202 middle, and high school in which 80 percent or more of the
1203 students are eligible for free or reduced-price meals.
1204 (5)(d) Each elementary, middle, and high school shall make
1205 a breakfast meal available if a student arrives at school on the
1206 school bus less than 15 minutes before the first bell rings and
1207 shall allow the student at least 15 minutes to eat the
1208 breakfast.
1209 (6)(e) Each school district shall annually provide to all
1210 students in each elementary, middle, and high school information
1211 prepared by the district’s food service administration regarding
1212 its school breakfast programs. The information shall be
1213 communicated through school announcements and written notices
1214 notice sent to all parents.
1215 (7)(f) A school district school board may operate a
1216 breakfast program providing for food preparation at the school
1217 site or in central locations with distribution to designated
1218 satellite schools or any combination thereof.
1219 (8) Each sponsor shall complete all corrective action plans
1220 required by the department or a federal agency to be in
1221 compliance with the program.
1222 (g) The commissioner shall make every reasonable effort to
1223 ensure that any school designated as a “severe need school”
1224 receives the highest rate of reimbursement to which it is
1225 entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
1226 (h) The department shall annually allocate among the school
1227 districts funds provided from the school breakfast supplement in
1228 the General Appropriations Act based on each district’s total
1229 number of free and reduced-price breakfast meals served.
1230 Section 28. Subsection (6) of section 570.981, Florida
1231 Statutes, is transferred, renumbered as section 595.406, Florida
1232 Statutes, and amended to read:
1233 595.406 570.981 Florida Farm Fresh Schools Program School
1234 food service programs.—
1235 (6) The Legislature, recognizing that school children need
1236 nutritious food not only for healthy physical and intellectual
1237 development but also to combat diseases related to poor
1238 nutrition and obesity, establishes the Florida Farm Fresh
1239 Schools Program within the department. The program shall comply
1240 with the regulations of the National School Lunch Program and
1241 require:
1242 (1)(a) In order to implement the Florida Farm Fresh Schools
1243 Program, the department shall to develop policies pertaining to
1244 school food services which encourage:
1245 (a)1. Sponsors School districts to buy fresh and high
1246 quality foods grown in this state when feasible.
1247 (b)2. Farmers in this state to sell their products to
1248 sponsors, school districts, and schools.
1249 (c)3. Sponsors School districts and schools to demonstrate
1250 a preference for competitively priced organic food products.
1251 (d)(b) Sponsors School districts and schools to make
1252 reasonable efforts to select foods based on a preference for
1253 those that have maximum nutritional content.
1254 (2)(c) The department shall to provide outreach, guidance,
1255 and training to sponsors school districts, schools, school food
1256 service directors, parent and teacher organizations, and
1257 students about the benefit benefits of fresh food products from
1258 farms in this state.
1259 Section 29. Section 570.982, Florida Statutes, is
1260 transferred, renumbered as section 595.407, Florida Statutes,
1261 and amended to read:
1262 595.407 570.982 Children′s summer nutrition program.—
1263 (1) This section may be cited as the “Ms. Willie Ann Glenn
1264 Act.”
1265 (2) Each school district school board shall develop a plan
1266 to sponsor a summer nutrition program to operate sites in the
1267 school district as follows:
1268 (a) Within 5 miles of at least one elementary school at
1269 which 50 percent or more of the students are eligible for free
1270 or reduced-price school meals and for the duration of 35
1271 consecutive days.; and
1272 (b) Except as operated pursuant to paragraph (a), Within 10
1273 miles of each elementary school at which 50 percent or more of
1274 the students are eligible for free or reduced-price school
1275 meals, except as operated pursuant to paragraph (a).
1276 (3)(a) A school district school board may be exempt from
1277 sponsoring a summer nutrition program pursuant to this section.
1278 A school district school board seeking such exemption must
1279 include the issue on an agenda at a regular or special school
1280 district school board meeting that is publicly noticed, provide
1281 residents an opportunity to participate in the discussion, and
1282 vote on whether to be exempt from this section. The school
1283 district school board shall notify the department commissioner
1284 within 10 days after it decides to become exempt from this
1285 section.
1286 (b) Each year, the school district school board shall
1287 reconsider its decision to be exempt from the provisions of this
1288 section and shall vote on whether to continue the exemption from
1289 sponsoring a summer nutrition program. The school district
1290 school board shall notify the department commissioner within 10
1291 days after each subsequent year’s decision to continue the
1292 exemption.
1293 (c) If a school district school board elects to be exempt
1294 from sponsoring a summer nutrition program under this section,
1295 the school district school board may encourage not-for-profit
1296 entities to sponsor the program. If a not-for-profit entity
1297 chooses to sponsor the summer nutrition program but fails to
1298 perform with regard to the program, the district school board,
1299 the school district, and the department are not required to
1300 continue the program and shall be held harmless from any
1301 liability arising from the discontinuation of the summer
1302 nutrition program.
1303 (4) The superintendent of schools may collaborate with
1304 municipal and county governmental agencies and private, not-for
1305 profit leaders in implementing the plan. Although schools have
1306 proven to be the optimal site for a summer nutrition program,
1307 any not-for-profit entity may serve as a site or sponsor. By
1308 April 15 of each year, each school district with a summer
1309 nutrition program shall report to the department the district’s
1310 summer nutrition program sites in compliance with this section.
1311 (5) The department shall provide to each school district
1312 school board by February 15 of each year a list of local
1313 organizations that have filed letters of intent to participate
1314 in the summer nutrition program in order that a school district
1315 may school board is able to determine how many sites are needed
1316 to serve the children and where to place each site.
1317 Section 30. Section 595.408, Florida Statutes, is created
1318 to read:
1319 595.408 Commodity distribution services; department
1320 responsibilities and functions.—
1321 (1)(a) The department shall conduct, supervise, and
1322 administer all commodity distribution services that will be
1323 carried on using federal or state funds, or funds from any other
1324 source, or commodities received and distributed from the United
1325 States or any of its agencies.
1326 (b) The department shall determine the benefits each
1327 applicant or recipient of assistance is entitled to receive
1328 under this chapter, provided that each applicant or recipient is
1329 a resident of this state and a citizen of the United States or
1330 is an alien lawfully admitted for permanent residence or
1331 otherwise permanently residing in the United State under color
1332 of law.
1333 (2) The department shall cooperate fully with the United
1334 States Government and its agencies and instrumentalities so that
1335 the department may receive the benefit of all federal financial
1336 allotments and assistance possible to carry out the purposes of
1337 this chapter.
1338 (3) The department may:
1339 (a) Accept any duties with respect to commodity
1340 distribution services as are delegated to it by an agency of the
1341 federal government or any state, county, or municipal
1342 government.
1343 (b) Act as agent of, or contract with, the federal
1344 government, state government, or any county or municipal
1345 government in the administration of commodity distribution
1346 services to secure the benefits of any public assistance that is
1347 available from the federal government or any of its agencies,
1348 and in the distribution of funds received from the federal
1349 government, state government, or any county or municipal
1350 government for commodity distribution services within the state.
1351 (c) Accept from any person or organization all offers of
1352 personal services, commodities, or other aid or assistance.
1353 (4) This chapter does not limit, abrogate, or abridge the
1354 power and duties of any other state agency.
1355 Section 31. Section 595.501, Florida Statutes, is created
1356 to read:
1357 595.501 Penalties.—Any person, sponsor, or school district
1358 that violates any provision of this chapter or any rule adopted
1359 thereunder or otherwise does not comply with the program is
1360 subject to a suspension or revocation of their agreement, loss
1361 of reimbursement, or a financial penalty in accordance with
1362 federal or state law or both. This section does not restrict the
1363 applicability of any other law.
1364 Section 32. Section 570.983, Florida Statutes, is
1365 transferred, renumbered as section 595.601, Florida Statutes,
1366 and amended to read:
1367 595.601 570.983 Food and Nutrition Services Trust Fund.
1368 Chapter 99-37, Laws of Florida, recreated the Food and Nutrition
1369 Services Trust Fund to record revenue and disbursements of
1370 Federal Food and Nutrition funds received by the department as
1371 authorized in s. 595.405 570.981.
1372 Section 33. Section 570.984, Florida Statutes, is
1373 transferred and renumbered as section 595.701, Florida Statutes,
1374 to read:
1375 595.701 570.984 Healthy Schools for Healthy Lives Council.—
1376 (1) There is created within the Department of Agriculture
1377 and Consumer Services the Healthy Schools for Healthy Lives
1378 Council, which shall consist of 11 members appointed by the
1379 Commissioner of Agriculture. The council shall advise the
1380 department on matters relating to nutritional standards and the
1381 prevention of childhood obesity, nutrition education,
1382 anaphylaxis, and other needs to further the development of the
1383 various school nutrition programs.
1384 (2) The meetings, powers, duties, procedures, and
1385 recordkeeping of the Healthy Schools for Healthy Lives Council
1386 shall be governed by s. 570.0705, relating to advisory
1387 committees established within the department.
1388 Section 34. Subsection (16) of section 1001.42, Florida
1389 Statutes, is amended to read:
1390 1001.42 Powers and duties of district school board.—The
1391 district school board, acting as a board, shall exercise all
1392 powers and perform all duties listed below:
1393 (16) SCHOOL LUNCH PROGRAM.—Assume such responsibilities and
1394 exercise such powers and perform such duties as may be assigned
1395 to it by law or as may be required by rules of the Department of
1396 Agriculture and Consumer Services State Board of Education or,
1397 as in the opinion of the district school board, are necessary to
1398 ensure school lunch services, consistent with needs of students;
1399 effective and efficient operation of the program; and the proper
1400 articulation of the school lunch program with other phases of
1401 education in the district.
1402 Section 35. Sections 487.0615, 570.382, 570.97, and 590.50,
1403 Florida Statutes, are repealed.
1404 Section 36. Subsection (5) of section 487.041, Florida
1405 Statutes, is amended to read:
1406 487.041 Registration.—
1407 (5) The department shall provide summary information to the
1408 Pesticide Review Council regarding applications for registration
1409 of those pesticides for which data received in the registration
1410 process indicate that the pesticide, when used according to
1411 label instructions and precautions, may have a significant
1412 potential for adverse effects on human health or the
1413 environment. The council shall be kept apprised of the status of
1414 these applications while under review and of the final action by
1415 the Commissioner of Agriculture regarding the registration of
1416 these pesticides.
1417 Section 37. Paragraph (b) of subsection (8) of section
1418 550.2625, Florida Statutes, is amended to read:
1419 550.2625 Horseracing; minimum purse requirement, Florida
1420 breeders’ and owners’ awards.—
1421 (8)
1422 (b) The division shall deposit these collections to the
1423 credit of the General Inspection Trust Fund in a special account
1424 to be known as the “Florida Arabian Horse Racing Promotion
1425 Account.” The Department of Agriculture and Consumer Services
1426 shall administer the funds and adopt suitable and reasonable
1427 rules for the administration thereof. The moneys in the Florida
1428 Arabian Horse Racing Promotion Account shall be allocated solely
1429 for supplementing and augmenting purses and prizes and for the
1430 general promotion of owning and breeding of racing Arabian
1431 horses in this state; and the moneys may not be used to defray
1432 any expense of the Department of Agriculture and Consumer
1433 Services in the administration of this chapter, except that the
1434 moneys generated by Arabian horse registration fees received
1435 pursuant to s. 570.382 may be used as provided in paragraph
1436 (5)(b) of that section.
1437 Section 38. Paragraphs (b) and (c) of subsection (2) of
1438 section 550.2633, Florida Statutes, are amended to read:
1439 550.2633 Horseracing; distribution of abandoned interest in
1440 or contributions to pari-mutuel pools.—
1441 (2) All moneys or other property which has escheated to and
1442 become the property of the state as provided herein and which is
1443 held by a permitholder authorized to conduct pari-mutuel pools
1444 in this state shall be paid annually by the permitholder to the
1445 recipient designated in this subsection within 60 days after the
1446 close of the race meeting of the permitholder. Section 550.1645
1447 notwithstanding, the moneys shall be paid by the permitholder as
1448 follows:
1449 (b) Except as provided in paragraph (c), Funds from quarter
1450 horse races shall be paid to the Florida Quarter Horse Breeders
1451 and Owners Association and shall be allocated solely for
1452 supplementing and augmenting purses and prizes and for the
1453 general promotion of owning and breeding of racing quarter
1454 horses in this state, as provided for in s. 550.2625.
1455 (c) Funds for Arabian horse races conducted under a quarter
1456 horse racing permit shall be deposited into the General
1457 Inspection Trust Fund in a special account to be known as the
1458 “Florida Arabian Horse Racing Promotion Account” and shall be
1459 used for the payment of breeders’ awards and stallion awards as
1460 provided for in s. 570.382.
1461 Section 39. In order to effectuate the repeal of s. 570.97,
1462 Florida Statutes, and to honor the wishes of the donor, for the
1463 2013-2014 fiscal year, the sum of $59,239 in nonrecurring funds
1464 is appropriated to the Department of Agriculture and Consumer
1465 Services in the expenses appropriation category for deposit in
1466 the General Inspection Trust Fund to be used by the Division of
1467 Animal Industry for disbursement to Florida Animal Friend, Inc.
1468 Section 40. This act shall take effect upon becoming a law.
