Bill Text: FL S1184 | 2012 | Regular Session | Comm Sub
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Moderate Partisan Bill (? 4-1)
Status: (Failed) 2012-03-09 - Died in Budget, companion bill(s) passed, see CS/CS/CS/HB 599 (Ch. [S1184 Detail]
Download: Florida-2012-S1184-Comm_Sub.html
Florida Senate - 2012 CS for CS for CS for CS for SB 1184 By the Committees on Budget Subcommittee on Finance and Tax; Criminal Justice; Transportation; and Agriculture; and Senator Norman 593-04224-12 20121184c4 1 A bill to be entitled 2 An act relating to the Department of Agriculture and 3 Consumer Services; amending s. 163.3162, F.S.; 4 defining the term “governmental entity”; prohibiting 5 certain governmental entities from charging stormwater 6 management assessments or fees on certain bona fide 7 farm operations except under certain circumstances; 8 providing for applicability; amending s. 206.41, F.S.; 9 revising the definition of the term “agricultural and 10 aquacultural purposes” for purposes of the required 11 refund of state taxes imposed on motor fuel used for 12 such purposes; requiring that the portion of fuel 13 sales tax collected from a county sheriff’s office be 14 returned to the sheriff’s office to offset the ongoing 15 fuel costs; authorizing a sheriff’s office that is 16 licensed as a local government user to take a credit 17 on the monthly diesel fuel tax return under prescribed 18 conditions; amending s. 206.625, F.S.; requiring that 19 the portion of the county fuel tax paid by a county 20 sheriff’s office be returned to offset ongoing fuel 21 costs; amending s. 316.515, F.S.; revising the Florida 22 Uniform Traffic Control Law to authorize the use of 23 citrus harvesting equipment and citrus fruit loaders 24 to transport certain agricultural products and to 25 authorize the use of certain motor vehicles to 26 transport citrus; amending s. 493.6120, F.S.; 27 providing that a person who engages in any activity 28 for which ch. 493, F.S., requires a license, but who 29 acts without having a license, commits a misdemeanor 30 of the first degree; providing that such person 31 commits a felony of the third degree for a second or 32 subsequent offense of engaging in activities without a 33 license; authorizing the Department of Agriculture and 34 Consumer Services to impose a civil penalty not to 35 exceed a specified amount; providing that penalties do 36 not apply if the person engaged in unlicensed activity 37 within 90 days after the expiration date of the 38 person’s license; providing that a person who, while 39 impersonating a security officer, private 40 investigator, recovery agent, or other person required 41 to have a license under ch. 493, F.S., knowingly and 42 intentionally forces another person to assist the 43 impersonator in an activity within the scope of duty 44 of a professional licensed under ch. 493, F.S., 45 commits a felony of the third degree; providing that a 46 person who impersonates a security officer or other 47 designated officer during the commission of a felony 48 commits a felony of the second degree; providing that 49 a person who impersonates a security officer or other 50 designated officer during the commission of a felony 51 that results in death or serious bodily injury to 52 another human being commits a felony of the first 53 degree; authorizing a licensed security officer or a 54 licensed security agency manager to detain a person on 55 the premises of a critical infrastructure facility in 56 certain circumstances; requiring the security officer 57 to notify the law enforcement agency as soon as 58 possible; requiring that custody of any person 59 temporarily detained be immediately transferred to the 60 responding law enforcement officer; providing for an 61 exception to the immediate transfer; providing that 62 the responsibilities of the security officer are 63 limited to specified locations; prohibiting a security 64 officer from detaining a person longer than is 65 reasonably necessary; authorizing the security officer 66 to search the person detained under certain 67 circumstances; defining the term “critical 68 infrastructure facility”; providing identification 69 requirements for certain licensed security officers; 70 amending s. 570.07, F.S.; revising the powers and 71 duties of the Department of Agriculture and Consumer 72 Services to enforce laws and rules relating to the use 73 of commercial stock feeds; amending s. 580.036, F.S.; 74 providing that the department has exclusive authority 75 over the sale and use of any commercial feed or 76 feedstuff; authorizing the department to adopt rules 77 establishing certain standards for regulating 78 commercial feed or feedstuff; requiring the department 79 to consult with the Commercial Feed Technical Council 80 in the development of such rules; providing an 81 effective date. 82 83 Be It Enacted by the Legislature of the State of Florida: 84 85 Section 1. Paragraph (d) is added to subsection (2) of 86 section 163.3162, Florida Statutes, and paragraphs (b), (c), and 87 (i) of subsection (3) of that section are amended to read: 88 163.3162 Agricultural Lands and Practices.— 89 (2) DEFINITIONS.—As used in this section, the term: 90 (d) “Governmental entity” has the same meaning as provided 91 in s. 164.1031. The term does not include a water control 92 district designated under chapter 298 or a special district 93 created by special act for water management purposes. 94 (3) DUPLICATION OF REGULATION.—Except as otherwise provided 95 in this section and s. 487.051(2), and notwithstanding any other 96 law, including any provision of chapter 125 or this chapter: 97 (b) A governmental entitycountymay not charge an 98 assessment or fee for stormwater management on a bona fide farm 99 operation on land classified as agricultural land pursuant to s. 100 193.461, if the farm operation has a National Pollutant 101 Discharge Elimination System permit, environmental resource 102 permit, or works-of-the-district permit or implements best 103 management practices adopted as rules under chapter 120 by the 104 Department of Environmental Protection, the Department of 105 Agriculture and Consumer Services, or a water management 106 district as part of a statewide or regional program. 107 (c) For each governmental entitycountythat, before March 108 1, 2009, adopted a stormwater utility ordinance or resolution, 109 adopted an ordinance or resolution establishing a municipal 110 services benefit unit, or adopted a resolution stating the 111 governmental entity’scounty’sintent to use the uniform method 112 of collection pursuant to s. 197.3632 for such stormwater 113 ordinances, the governmental entitycountymay continue to 114 charge an assessment or fee for stormwater management on a bona 115 fide farm operation on land classified as agricultural pursuant 116 to s. 193.461, if the ordinance or resolution provides credits 117 against the assessment or fee on a bona fide farm operation for 118 the water quality or flood control benefit of: 119 1. The implementation of best management practices adopted 120 as rules under chapter 120 by the Department of Environmental 121 Protection, the Department of Agriculture and Consumer Services, 122 or a water management district as part of a statewide or 123 regional program; 124 2. The stormwater quality and quantity measures required as 125 part of a National Pollutant Discharge Elimination System 126 permit, environmental resource permit, or works-of-the-district 127 permit; or 128 3. The implementation of best management practices or 129 alternative measures which the landowner demonstrates to the 130 governmental entitycountyto be of equivalent or greater 131 stormwater benefit than those provided by implementation of best 132 management practices adopted as rules under chapter 120 by the 133 Department of Environmental Protection, the Department of 134 Agriculture and Consumer Services, or a water management 135 district as part of a statewide or regional program, or 136 stormwater quality and quantity measures required as part of a 137 National Pollutant Discharge Elimination System permit, 138 environmental resource permit, or works-of-the-district permit. 139 (i) The provisions of this subsection that limit a 140 governmental entity’scounty’sauthority to adopt or enforce any 141 ordinance, regulation, rule, or policy, or to charge any 142 assessment or fee for stormwater management, apply only to a 143 bona fide farm operation as described in this subsection. 144 Section 2. Paragraph (c) of subsection (4) of section 145 206.41, Florida Statutes, is amended, and paragraph (f) is added 146 to that subsection, to read: 147 206.41 State taxes imposed on motor fuel.— 148 (4) 149 (c)1. Any person who uses any motor fuel for agricultural, 150 aquacultural, commercial fishing, or commercial aviation 151 purposes on which fuel the tax imposed by paragraph (1)(e), 152 paragraph (1)(f), or paragraph (1)(g) has been paid is entitled 153 to a refund of such tax. 154 2. For the purposes of this paragraph, “agricultural and 155 aquacultural purposes” means motor fuel used in any tractor, 156 vehicle, or other farm equipment which is used exclusively on a 157 farm or for processing farm products on the farm, and no part of 158 which fuel is used in any vehicle or equipment driven or 159 operated upon the public highways of this state. This 160 restriction does not apply to the movement of a farm vehicle,or161 farm equipment, citrus harvesting equipment, or citrus fruit 162 loaders between farms. The transporting of bees by water and the 163 operating of equipment used in the apiary of a beekeeper shall 164 be also deemed an agricultural purpose. 165 3. For the purposes of this paragraph, “commercial fishing 166 and aquacultural purposes” means motor fuel used in the 167 operation of boats, vessels, or equipment used exclusively for 168 the taking of fish, crayfish, oysters, shrimp, or sponges from 169 salt or fresh waters under the jurisdiction of the state for 170 resale to the public, and no part of which fuel is used in any 171 vehicle or equipment driven or operated upon the highways of 172 this state; however, the term may in no way be construed to 173 include fuel used for sport or pleasure fishing. 174 4. For the purposes of this paragraph, “commercial aviation 175 purposes” means motor fuel used in the operation of aviation 176 ground support vehicles or equipment, no part of which fuel is 177 used in any vehicle or equipment driven or operated upon the 178 public highways of this state. 179 (f) The portion of the tax imposed by paragraph (1)(g) 180 which results from the collection of fuel sales tax paid by a 181 county sheriff’s office for fuel used in motor vehicles operated 182 by the sheriff’s office shall be returned to the sheriff’s 183 office. The sheriff’s office shall use the proceeds to offset 184 ongoing fuel costs. A sheriff’s office, if licensed as a local 185 government user, may take a credit on the monthly diesel fuel 186 tax return not to exceed the tax imposed under paragraphs (1)(b) 187 and (g) on those gallons which would otherwise be eligible for 188 refund. 189 Section 3. Subsection (3) is added to section 206.625, 190 Florida Statutes, to read: 191 206.625 Return of tax to municipalities, counties, and 192 school districts.— 193 (3) Those portions of the county fuel tax imposed by s. 194 206.41(1)(b) which result from the collection of the taxes paid 195 by a county sheriff’s office for fuel used in motor vehicles 196 operated by the sheriff’s office shall be returned to the 197 sheriff’s office. The sheriff’s office shall use the proceeds to 198 offset ongoing fuel costs. 199 Section 4. Paragraph (a) of subsection (5) of section 200 316.515, Florida Statutes, is amended to read: 201 316.515 Maximum width, height, length.— 202 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT; 203 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.— 204 (a) Notwithstanding any other provisions of law, straight 205 trucks, agricultural tractors, citrus harvesting equipment, 206 citrus fruit loaders, and cotton module movers, not exceeding 50 207 feet in length, or any combination of up to and including three 208 implements of husbandry, including the towing power unit, and 209 any single agricultural trailer with a load thereon or any 210 agricultural implements attached to a towing power unit, or a 211 self-propelled agricultural implement or an agricultural 212 tractor, is authorized for the purpose of transporting peanuts, 213 grains, soybeans, citrus, cotton, hay, straw, or other 214 perishable farm products from their point of production to the 215 first point of change of custody or of long-term storage, and 216 for the purpose of returning to such point of production, or for 217 the purpose of moving such tractors, movers, and implements from 218 one point of agricultural production to another, by a person 219 engaged in the production of any such product or custom hauler, 220 if such vehicle or combination of vehicles otherwise complies 221 with this section. The Department of Transportation may issue 222 overlength permits for cotton module movers greater than 50 feet 223 but not more than 55 feet in overall length. Such vehicles shall 224 be operated in accordance with all safety requirements 225 prescribed by law and rules of the Department of Transportation. 226 Section 5. Section 493.6120, Florida Statutes, is amended 227 to read: 228 493.6120 Violations; penalty.— 229 (1)(a) Except as provided in paragraph (c), a person who 230 engages in any activity for which this chapter requires a 231 license and who does not hold the required license commits a 232 misdemeanor of the first degree, punishable as provided in s. 233 775.082 or s. 775.083. 234 (b) A second or subsequent violation of paragraph (a) is a 235 felony of the third degree, punishable as provided in s. 236 775.082, s. 775.083, or s. 775.084, and the department may seek 237 the imposition of a civil penalty not to exceed $10,000. 238 (c) Paragraph (a) does not apply if the person engages in 239 unlicensed activity within 90 days after the date of the 240 expiration of his or her license. 241 (2)(a) A person who, while impersonating a security 242 officer, private investigator, recovery agent, or other person 243 required to have a license under this chapter, knowingly and 244 intentionally forces another person to assist the impersonator 245 in an activity within the scope of duty of a professional 246 licensed under this chapter commits a felony of the third 247 degree, punishable as provided in s. 775.082, s. 775.083, or s. 248 775.084. 249 (b) A person who violates paragraph (a) during the course 250 of committing a felony commits a felony of the second degree, 251 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 252 (c) A person who violates paragraph (a) during the course 253 of committing a felony that results in death or serious bodily 254 injury to another human being commits a felony of the first 255 degree, punishable as provided in s. 775.082, s. 775.083, or s. 256 775.084. 257 (3)(1)AAnyperson who violates any provision of this 258 chapter, except s. 493.6405, subsection (1), or subsection (2), 259 commits a misdemeanor of the first degree, punishable as 260 provided in s. 775.082 or s. 775.083. 261 (4)(2)AAnyperson who is convicted of any violation of 262 this chapter isshallnotbeeligible for licensure for a period 263 of 5 years. 264 (5)(3)AAnyperson who violates or disregards any cease 265 and desist order issued by the department commits a misdemeanor 266 of the first degree, punishable as provided in s. 775.082 or s. 267 775.083. In addition, the department may seek the imposition of 268 a civil penalty not to exceed $5,000. 269 (6)(4)AAnyperson who was an owner, officer, partner, or 270 manager of a licensed agency at the time of any activity that is 271 the basis for revocation of the agency or branch office license 272 and who knew or should have known of the activity, shall have 273 his or her personal licenses or approval suspended for 3 years 274 and may not have any financial interest in or be employed in any 275 capacity by a licensed agency during the period of suspension. 276 Section 6. Protecting critical infrastructure facilities.— 277 (1) A licensed security officer who possesses a valid Class 278 “G” license, or a licensed security agency manager who possesses 279 a valid Class “G” license, who is on duty, in uniform, providing 280 security services on the premises of a critical infrastructure 281 facility, and who has probable cause to believe that a person 282 has committed or is committing a crime against the client, or 283 the client’s patron, of the licensed security officer or the 284 licensed security agency manager, may temporarily detain the 285 person for the purpose of ascertaining his or her identity and 286 the circumstances of the activity that is the basis for the 287 temporary detention. The security officer or security agency 288 manager may detain the person in a reasonable manner until the 289 responding law enforcement officer arrives at the premises of 290 the client and is in the presence of the detainee. 291 (2) When temporarily detaining a person, the licensed 292 security officer or security agency manager shall notify the 293 appropriate law enforcement agency as soon as reasonably 294 possible. Temporary detention of a person by a licensed security 295 officer or security agency manager must be done solely for the 296 purpose of detaining the person before the arrival of a law 297 enforcement officer. Custody of any person being temporarily 298 detained shall be immediately transferred to the responding law 299 enforcement officer. 300 (3) A licensed security officer or security agency manager 301 may not detain a person under this section after the arrival of 302 a law enforcement officer unless the law enforcement officer 303 requests the security officer or security agency manager to 304 continue detaining the person. The responsibilities of the 305 licensed security officer or security agency manager do not 306 extend beyond the place where the person was first detained or 307 in the immediate vicinity. 308 (4) A person may not be temporarily detained under this 309 section longer than is reasonably necessary to effect the 310 purposes of this section. 311 (5) If a licensed security officer or security agency 312 manager, while detaining a person under this section, observes 313 that the person temporarily detained is armed with a firearm, a 314 concealed weapon, or a destructive device that poses a threat to 315 the safety of the security officer or security agency manager, 316 or any person for whom the security officer or security agency 317 manager is responsible for providing protection, or if the 318 detainee admits to having a weapon in his or her possession, the 319 security officer or security agency manager may conduct a search 320 of the person and his or her belongings only to the extent 321 necessary for the purpose of disclosing the presence of a 322 weapon. If the search reveals such a weapon, the weapon shall be 323 seized and transferred to the responding law enforcement 324 officer. 325 (6) As used in this section, the term “critical 326 infrastructure facility” means any one of the following, if it 327 employs measures such as fences, barriers, or guard posts that 328 are designed to exclude unauthorized persons and is determined 329 by a state or federal authority to be so vital to the state that 330 the incapacity or destruction of the facility would have a 331 debilitating impact on security, state economic stability, state 332 public health or safety, or any combination of those matters: 333 (a) A chemical manufacturing facility; 334 (b) A refinery; 335 (c) An electrical power plant as defined in s. 403.031, 336 Florida Statutes, including a substation, switching station, 337 electrical control center, or electric transmission or 338 distribution facility; 339 (d) A water intake structure, water treatment facility, 340 wastewater treatment plant, or pump station; 341 (e) A natural gas transmission compressor station; 342 (f) A liquid natural gas terminal or storage facility; 343 (g) A telecommunications central switching office; 344 (h) A deepwater port or railroad switching yard; 345 (i) A gas processing plant, including a plant used in the 346 processing, treatment, or fractionation of natural gas; or 347 (j) A public transportation facility as defined in s. 348 343.62, Florida Statutes. 349 (7) A Class “D” or Class “MB” licensee shall perform duties 350 regulated under this section in a uniform that bears at least 351 one patch or emblem visible at all times clearly identifying the 352 employing agency. 353 Section 7. Paragraph (c) of subsection (16) of section 354 570.07, Florida Statutes, is amended to read: 355 570.07 Department of Agriculture and Consumer Services; 356 functions, powers, and duties.—The department shall have and 357 exercise the following functions, powers, and duties: 358 (16) To enforce the state laws and rules relating to: 359 (c) Registration, labeling, inspection, sale, use, 360 composition, formulation, wholesale and retail distribution, and 361 analysis of commercial stock feeds and registration, labeling, 362 inspection, and analysis of commercial fertilizers; 363 364 In order to ensure uniform health and safety standards, the 365 adoption of standards and fines in the subject areas of 366 paragraphs (a)-(n) is expressly preempted to the state and the 367 department. Any local government enforcing the subject areas of 368 paragraphs (a)-(n) must use the standards and fines set forth in 369 the pertinent statutes or any rules adopted by the department 370 pursuant to those statutes. 371 Section 8. Subsection (1) of section 580.036, Florida 372 Statutes, is amended, and paragraph (g) is added to subsection 373 (2) of that section, to read: 374 580.036 Powers and duties.— 375 (1) The department shall administer and enforce the 376 provisions of this chapter. It shall have full authority to 377 inspect, sample, and analyze any commercial feed or feedstuff 378 distributed in this state and to assess any penalties provided 379 for violation of this chapter. The department has exclusive 380 authority over the sale and use of any commercial feed or 381 feedstuff. 382 (2) The department is authorized to adopt rules pursuant to 383 ss. 120.536(1) and 120.54 to enforce the provisions of this 384 chapter. These rules shall be consistent with the rules and 385 standards of the United States Food and Drug Administration and 386 the United States Department of Agriculture, when applicable, 387 and shall include: 388 (g) Establishing standards for the sale, use, and 389 distribution of commercial feed or feedstuff to ensure usage 390 that is consistent with animal health, safety, and welfare and, 391 to the extent that meat, poultry, and other animal products may 392 be affected by commercial feed or feedstuff, with the safety of 393 these products for human consumption. Such standards, if 394 adopted, must be developed in consultation with the Commercial 395 Feed Technical Council created under s. 580.151. 396 Section 9. This act shall take effect July 1, 2012.