Bill Text: FL S1184 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 1184 By the Committees on Criminal Justice; Transportation; and Agriculture; and Senator Norman 591-03544-12 20121184c3 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 authorizing the department to adopt rules establishing 75 certain standards for regulating commercial feed or 76 feedstuff; requiring the department to consult with 77 the Commercial Feed Technical Council in the 78 development of such rules; providing an effective 79 date. 80 81 Be It Enacted by the Legislature of the State of Florida: 82 83 Section 1. Paragraph (d) is added to subsection (2) of 84 section 163.3162, Florida Statutes, and paragraphs (b), (c), and 85 (i) of subsection (3) of that section are amended to read: 86 163.3162 Agricultural Lands and Practices.— 87 (2) DEFINITIONS.—As used in this section, the term: 88 (d) “Governmental entity” has the same meaning as provided 89 in s. 164.1031. 90 (3) DUPLICATION OF REGULATION.—Except as otherwise provided 91 in this section and s. 487.051(2), and notwithstanding any other 92 law, including any provision of chapter 125 or this chapter: 93 (b) A governmental entitycountymay not charge an 94 assessment or fee for stormwater management on a bona fide farm 95 operation on land classified as agricultural land pursuant to s. 96 193.461, if the farm operation has a National Pollutant 97 Discharge Elimination System permit, environmental resource 98 permit, or works-of-the-district permit or implements best 99 management practices adopted as rules under chapter 120 by the 100 Department of Environmental Protection, the Department of 101 Agriculture and Consumer Services, or a water management 102 district as part of a statewide or regional program. 103 (c) For each governmental entitycountythat, before March 104 1, 2009, adopted a stormwater utility ordinance or resolution, 105 adopted an ordinance or resolution establishing a municipal 106 services benefit unit, or adopted a resolution stating the 107 governmental entity’scounty’sintent to use the uniform method 108 of collection pursuant to s. 197.3632 for such stormwater 109 ordinances, the governmental entitycountymay continue to 110 charge an assessment or fee for stormwater management on a bona 111 fide farm operation on land classified as agricultural pursuant 112 to s. 193.461, if the ordinance or resolution provides credits 113 against the assessment or fee on a bona fide farm operation for 114 the water quality or flood control benefit of: 115 1. The implementation of best management practices adopted 116 as rules under chapter 120 by the Department of Environmental 117 Protection, the Department of Agriculture and Consumer Services, 118 or a water management district as part of a statewide or 119 regional program; 120 2. The stormwater quality and quantity measures required as 121 part of a National Pollutant Discharge Elimination System 122 permit, environmental resource permit, or works-of-the-district 123 permit; or 124 3. The implementation of best management practices or 125 alternative measures which the landowner demonstrates to the 126 governmental entitycountyto be of equivalent or greater 127 stormwater benefit than those provided by implementation of best 128 management practices adopted as rules under chapter 120 by the 129 Department of Environmental Protection, the Department of 130 Agriculture and Consumer Services, or a water management 131 district as part of a statewide or regional program, or 132 stormwater quality and quantity measures required as part of a 133 National Pollutant Discharge Elimination System permit, 134 environmental resource permit, or works-of-the-district permit. 135 (i) The provisions of this subsection that limit a 136 governmental entity’scounty’sauthority to adopt or enforce any 137 ordinance, regulation, rule, or policy, or to charge any 138 assessment or fee for stormwater management, apply only to a 139 bona fide farm operation as described in this subsection. 140 Section 2. Paragraph (c) of subsection (4) of section 141 206.41, Florida Statutes, is amended, and paragraph (f) is added 142 to that subsection, to read: 143 206.41 State taxes imposed on motor fuel.— 144 (4) 145 (c)1. Any person who uses any motor fuel for agricultural, 146 aquacultural, commercial fishing, or commercial aviation 147 purposes on which fuel the tax imposed by paragraph (1)(e), 148 paragraph (1)(f), or paragraph (1)(g) has been paid is entitled 149 to a refund of such tax. 150 2. For the purposes of this paragraph, “agricultural and 151 aquacultural purposes” means motor fuel used in any tractor, 152 vehicle, or other farm equipment which is used exclusively on a 153 farm or for processing farm products on the farm, and no part of 154 which fuel is used in any vehicle or equipment driven or 155 operated upon the public highways of this state. This 156 restriction does not apply to the movement of a farm vehicle,or157 farm equipment, citrus harvesting equipment, or citrus fruit 158 loaders between farms. The transporting of bees by water and the 159 operating of equipment used in the apiary of a beekeeper shall 160 be also deemed an agricultural purpose. 161 3. For the purposes of this paragraph, “commercial fishing 162 and aquacultural purposes” means motor fuel used in the 163 operation of boats, vessels, or equipment used exclusively for 164 the taking of fish, crayfish, oysters, shrimp, or sponges from 165 salt or fresh waters under the jurisdiction of the state for 166 resale to the public, and no part of which fuel is used in any 167 vehicle or equipment driven or operated upon the highways of 168 this state; however, the term may in no way be construed to 169 include fuel used for sport or pleasure fishing. 170 4. For the purposes of this paragraph, “commercial aviation 171 purposes” means motor fuel used in the operation of aviation 172 ground support vehicles or equipment, no part of which fuel is 173 used in any vehicle or equipment driven or operated upon the 174 public highways of this state. 175 (f) The portion of the tax imposed by paragraph (1)(g) 176 which results from the collection of fuel sales tax paid by a 177 county sheriff’s office for fuel used in motor vehicles operated 178 by the sheriff’s office shall be returned to the sheriff’s 179 office. The sheriff’s office shall use the proceeds to offset 180 ongoing fuel costs. A sheriff’s office, if licensed as a local 181 government user, may take a credit on the monthly diesel fuel 182 tax return not to exceed the tax imposed under paragraphs (1)(b) 183 and (g) on those gallons which would otherwise be eligible for 184 refund. 185 Section 3. Subsection (3) is added to section 206.625, 186 Florida Statutes, to read: 187 206.625 Return of tax to municipalities, counties, and 188 school districts.— 189 (3) Those portions of the county fuel tax imposed by s. 190 206.41(1)(b) which result from the collection of the taxes paid 191 by a county sheriff’s office for fuel used in motor vehicles 192 operated by the sheriff’s office shall be returned to the 193 sheriff’s office. The sheriff’s office shall use the proceeds to 194 offset ongoing fuel costs. 195 Section 4. Paragraph (a) of subsection (5) of section 196 316.515, Florida Statutes, is amended to read: 197 316.515 Maximum width, height, length.— 198 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT; 199 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.— 200 (a) Notwithstanding any other provisions of law, straight 201 trucks, agricultural tractors, citrus harvesting equipment, 202 citrus fruit loaders, and cotton module movers, not exceeding 50 203 feet in length, or any combination of up to and including three 204 implements of husbandry, including the towing power unit, and 205 any single agricultural trailer with a load thereon or any 206 agricultural implements attached to a towing power unit, or a 207 self-propelled agricultural implement or an agricultural 208 tractor, is authorized for the purpose of transporting peanuts, 209 grains, soybeans, citrus, cotton, hay, straw, or other 210 perishable farm products from their point of production to the 211 first point of change of custody or of long-term storage, and 212 for the purpose of returning to such point of production, or for 213 the purpose of moving such tractors, movers, and implements from 214 one point of agricultural production to another, by a person 215 engaged in the production of any such product or custom hauler, 216 if such vehicle or combination of vehicles otherwise complies 217 with this section. The Department of Transportation may issue 218 overlength permits for cotton module movers greater than 50 feet 219 but not more than 55 feet in overall length. Such vehicles shall 220 be operated in accordance with all safety requirements 221 prescribed by law and rules of the Department of Transportation. 222 Section 5. Section 493.6120, Florida Statutes, is amended 223 to read: 224 493.6120 Violations; penalty.— 225 (1)(a) Except as provided in paragraph (c), a person who 226 engages in any activity for which this chapter requires a 227 license and who does not hold the required license commits a 228 misdemeanor of the first degree, punishable as provided in s. 229 775.082 or s. 775.083. 230 (b) A second or subsequent violation of paragraph (a) is a 231 felony of the third degree, punishable as provided in s. 232 775.082, s. 775.083, or s. 775.084, and the department may seek 233 the imposition of a civil penalty not to exceed $10,000. 234 (c) Paragraph (a) does not apply if the person engages in 235 unlicensed activity within 90 days after the date of the 236 expiration of his or her license. 237 (2)(a) A person who, while impersonating a security 238 officer, private investigator, recovery agent, or other person 239 required to have a license under this chapter, knowingly and 240 intentionally forces another person to assist the impersonator 241 in an activity within the scope of duty of a professional 242 licensed under this chapter commits a felony of the third 243 degree, punishable as provided in s. 775.082, s. 775.083, or s. 244 775.084. 245 (b) A person who violates paragraph (a) during the course 246 of committing a felony commits a felony of the second degree, 247 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 248 (c) A person who violates paragraph (a) during the course 249 of committing a felony that results in death or serious bodily 250 injury to another human being commits a felony of the first 251 degree, punishable as provided in s. 775.082, s. 775.083, or s. 252 775.084. 253 (3)(1)AAnyperson who violates any provision of this 254 chapter, except s. 493.6405, subsection (1), or subsection (2), 255 commits a misdemeanor of the first degree, punishable as 256 provided in s. 775.082 or s. 775.083. 257 (4)(2)AAnyperson who is convicted of any violation of 258 this chapter isshallnotbeeligible for licensure for a period 259 of 5 years. 260 (5)(3)AAnyperson who violates or disregards any cease 261 and desist order issued by the department commits a misdemeanor 262 of the first degree, punishable as provided in s. 775.082 or s. 263 775.083. In addition, the department may seek the imposition of 264 a civil penalty not to exceed $5,000. 265 (6)(4)AAnyperson who was an owner, officer, partner, or 266 manager of a licensed agency at the time of any activity that is 267 the basis for revocation of the agency or branch office license 268 and who knew or should have known of the activity, shall have 269 his or her personal licenses or approval suspended for 3 years 270 and may not have any financial interest in or be employed in any 271 capacity by a licensed agency during the period of suspension. 272 Section 6. Protecting critical infrastructure facilities.— 273 (1) A licensed security officer who possesses a valid Class 274 “G” license, or a licensed security agency manager who possesses 275 a valid Class “G” license, who is on duty, in uniform, providing 276 security services on the premises of a critical infrastructure 277 facility, and who has probable cause to believe that a person 278 has committed or is committing a crime against the client, or 279 the client’s patron, of the licensed security officer or the 280 licensed security agency manager, may temporarily detain the 281 person for the purpose of ascertaining his or her identity and 282 the circumstances of the activity that is the basis for the 283 temporary detention. The security officer or security agency 284 manager may detain the person in a reasonable manner until the 285 responding law enforcement officer arrives at the premises of 286 the client and is in the presence of the detainee. 287 (2) When temporarily detaining a person, the licensed 288 security officer or security agency manager shall notify the 289 appropriate law enforcement agency as soon as reasonably 290 possible. Temporary detention of a person by a licensed security 291 officer or security agency manager must be done solely for the 292 purpose of detaining the person before the arrival of a law 293 enforcement officer. Custody of any person being temporarily 294 detained shall be immediately transferred to the responding law 295 enforcement officer. 296 (3) A licensed security officer or security agency manager 297 may not detain a person under this section after the arrival of 298 a law enforcement officer unless the law enforcement officer 299 requests the security officer or security agency manager to 300 continue detaining the person. The responsibilities of the 301 licensed security officer or security agency manager do not 302 extend beyond the place where the person was first detained or 303 in the immediate vicinity. 304 (4) A person may not be temporarily detained under this 305 section longer than is reasonably necessary to effect the 306 purposes of this section. 307 (5) If a licensed security officer or security agency 308 manager, while detaining a person under this section, observes 309 that the person temporarily detained is armed with a firearm, a 310 concealed weapon, or a destructive device that poses a threat to 311 the safety of the security officer or security agency manager, 312 or any person for whom the security officer or security agency 313 manager is responsible for providing protection, or if the 314 detainee admits to having a weapon in his or her possession, the 315 security officer or security agency manager may conduct a search 316 of the person and his or her belongings only to the extent 317 necessary for the purpose of disclosing the presence of a 318 weapon. If the search reveals such a weapon, the weapon shall be 319 seized and transferred to the responding law enforcement 320 officer. 321 (6) As used in this section, the term “critical 322 infrastructure facility” means any one of the following, if it 323 employs measures such as fences, barriers, or guard posts that 324 are designed to exclude unauthorized persons and is determined 325 by a state or federal authority to be so vital to the state that 326 the incapacity or destruction of the facility would have a 327 debilitating impact on security, state economic stability, state 328 public health or safety, or any combination of those matters: 329 (a) A chemical manufacturing facility; 330 (b) A refinery; 331 (c) An electrical power plant as defined in s. 403.031, 332 Florida Statutes, including a substation, switching station, 333 electrical control center, or electric transmission or 334 distribution facility; 335 (d) A water intake structure, water treatment facility, 336 wastewater treatment plant, or pump station; 337 (e) A natural gas transmission compressor station; 338 (f) A liquid natural gas terminal or storage facility; 339 (g) A telecommunications central switching office; 340 (h) A deepwater port or railroad switching yard; 341 (i) A gas processing plant, including a plant used in the 342 processing, treatment, or fractionation of natural gas; or 343 (j) A public transportation facility as defined in s. 344 343.62, Florida Statutes. 345 (7) A Class “D” or Class “MB” licensee shall perform duties 346 regulated under this section in a uniform that bears at least 347 one patch or emblem visible at all times clearly identifying the 348 employing agency. 349 Section 7. Paragraph (c) of subsection (16) of section 350 570.07, Florida Statutes, is amended to read: 351 570.07 Department of Agriculture and Consumer Services; 352 functions, powers, and duties.—The department shall have and 353 exercise the following functions, powers, and duties: 354 (16) To enforce the state laws and rules relating to: 355 (c) Registration, labeling, inspection, sale, use, 356 composition, formulation, wholesale and retail distribution, and 357 analysis of commercial stock feeds and registration, labeling, 358 inspection, and analysis of commercial fertilizers; 359 360 In order to ensure uniform health and safety standards, the 361 adoption of standards and fines in the subject areas of 362 paragraphs (a)-(n) is expressly preempted to the state and the 363 department. Any local government enforcing the subject areas of 364 paragraphs (a)-(n) must use the standards and fines set forth in 365 the pertinent statutes or any rules adopted by the department 366 pursuant to those statutes. 367 Section 8. Paragraph (g) is added to subsection (2) of 368 section 580.036, Florida Statutes, to read: 369 580.036 Powers and duties.— 370 (2) The department is authorized to adopt rules pursuant to 371 ss. 120.536(1) and 120.54 to enforce the provisions of this 372 chapter. These rules shall be consistent with the rules and 373 standards of the United States Food and Drug Administration and 374 the United States Department of Agriculture, when applicable, 375 and shall include: 376 (g) Establishing standards for the sale, use, and 377 distribution of commercial feed or feedstuff to ensure usage 378 that is consistent with animal health, safety, and welfare and, 379 to the extent that meat, poultry, and other animal products may 380 be affected by commercial feed or feedstuff, with the safety of 381 these products for human consumption. Such standards, if 382 adopted, must be developed in consultation with the Commercial 383 Feed Technical Council created under s. 580.151. 384 Section 9. This act shall take effect July 1, 2012.