Bill Text: FL S1254 | 2012 | Regular Session | Comm Sub


Bill Title: Department of Agriculture and Consumer Services

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 7021 -SJ 1148 [S1254 Detail]

Download: Florida-2012-S1254-Comm_Sub.html
       Florida Senate - 2012               CS for CS for CS for SB 1254
       
       
       
       By the Committees on Budget Subcommittee on General Government
       Appropriations; Environmental Preservation and Conservation; and
       Agriculture; and Senator Siplin
       
       
       601-04290-12                                          20121254c3
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 20.14, F.S.;
    4         establishing the Division of Food, Nutrition, and
    5         Wellness within the department; amending s. 253.002,
    6         F.S.; requiring the department to perform certain
    7         staff duties and functions for the Board of Trustees
    8         of the Internal Improvement Trust Fund related to
    9         conservation easements; amending s. 379.2523, F.S.;
   10         deleting references to the Aquaculture Interagency
   11         Coordinating Council to conform to the repeal by the
   12         act of provisions creating the council; amending s.
   13         379.2524, F.S.; deleting provisions that prohibit
   14         compensation and authorize per diem and travel
   15         expenses for members of the Sturgeon Production
   16         Working Group; amending s. 388.161, F.S.; revising the
   17         substances that mosquito control districts are
   18         authorized to use for controlling mosquito breeding;
   19         amending s. 388.201, F.S.; revising the date by which
   20         mosquito control districts must submit their certified
   21         budgets for approval by the department; amending s.
   22         388.323, F.S.; revising procedures for a county’s or
   23         mosquito control district’s disposal of certain
   24         surplus equipment; repealing s. 388.42, F.S., relating
   25         to the John A. Mulrennan, Sr., Arthropod Research
   26         Laboratory; amending s. 388.46, F.S.; revising the
   27         membership and responsibilities of the Florida
   28         Coordinating Council on Mosquito Control; revising the
   29         duties of the council’s Subcommittee on Managed
   30         Marshes; amending s. 493.6104, F.S.; deleting
   31         provisions that prohibit compensation and authorize
   32         per diem and travel expenses for members of the
   33         Private Investigation, Recovery, and Security Advisory
   34         Council; amending s. 500.09, F.S.; authorizing the
   35         department to adopt rules incorporating by reference
   36         the federal model Food Code; amending ss. 500.147 and
   37         502.014, F.S.; deleting provisions for a food safety
   38         pilot program and a permitting program for persons who
   39         test milk or milk products; amending s. 502.053, F.S.;
   40         deleting requirements for milkfat tester licenses;
   41         amending s. 570.0705, F.S.; prohibiting members of
   42         certain advisory bodies from receiving per diem or
   43         travel expenses except under certain circumstances;
   44         deleting a provision that prohibits members from
   45         receiving compensation for their services; repealing
   46         s. 570.071, F.S., relating to the Florida Agricultural
   47         Exposition and the receipt and expenditure of funds
   48         for the exposition; amending s. 570.074, F.S.;
   49         renaming and revising the policy jurisdiction of the
   50         department’s Office of Energy and Water; amending s.
   51         570.18, F.S.; conforming cross-references; repealing
   52         s. 570.29, F.S., relating to divisions of the
   53         Department of Agriculture and Consumer Services;
   54         repealing s. 570.34, F.S., relating to the Plant
   55         Industry Technical Council; creating s. 570.451, F.S.;
   56         creating the Agricultural Feed, Seed, and Fertilizer
   57         Advisory Council; providing for the council’s powers
   58         and duties and the appointment of council members;
   59         amending ss. 570.53 and 570.54, F.S.; conforming
   60         cross-references; amending s. 573.112, F.S.; providing
   61         that members of the Citrus Research and Development
   62         Foundation’s board of directors are entitled to
   63         reimbursement for per diem and travel expenses;
   64         amending s. 573.118, F.S.; revising requirements for
   65         the accounting and review of collections and
   66         expenditures from agricultural commodity marketing
   67         order assessments; deleting requirements for the audit
   68         of such accounts; amending s. 576.045, F.S.; revising
   69         the expiration dates of certain provisions regulating
   70         fertilizers containing nitrogen or phosphorous;
   71         amending s. 576.071, F.S.; deleting a reference to the
   72         Fertilizer Technical Council to conform to the repeal
   73         by the act of provisions creating the council;
   74         repealing ss. 576.091 and 578.30, F.S., relating to
   75         the Fertilizer Technical Council and Seed Technical
   76         Council; amending s. 580.041, F.S.; revising the
   77         reporting requirements and penalties for violations by
   78         distributors of commercial feed; amending s. 580.131,
   79         F.S.; revising requirements for the assessment of
   80         penalties and enforcement of violations by
   81         manufacturers and distributors of commercial feed or
   82         feedstuff; authorizing the department to assess
   83         penalties; requiring registered distributors of
   84         commercial feed to pay such penalties to consumers
   85         within a specified period; imposing additional
   86         penalties for nonpayment; providing for the deposit
   87         and use of certain funds paid to the department;
   88         repealing s. 580.151, F.S., relating to the Commercial
   89         Feed Technical Council; amending s. 581.011, F.S.;
   90         conforming provisions; amending s. 581.145, F.S.;
   91         revising requirements for the issuance of permits to
   92         aquaculture producers for the transport and sale of
   93         water hyacinths to other states and countries;
   94         amending s. 582.06, F.S.; revising requirements for
   95         the composition and appointment of members of the Soil
   96         and Water Conservation Council and the reimbursement
   97         of members for per diem and travel expenses; amending
   98         ss. 582.20 and 582.29, F.S.; revising the geographic
   99         jurisdiction of soil and water conservation districts
  100         to include certain territory outside of the districts’
  101         boundaries; amending s. 582.30, F.S.; revising
  102         requirements and procedures for the dissolution or
  103         discontinuance of soil and water conservation
  104         districts; revising notice requirements for such
  105         proposed dissolution or discontinuance; amending s.
  106         582.31, F.S.; revising requirements for payment of the
  107         proceeds from the sale of property of a dissolving
  108         soil and water conservation district to the State
  109         Treasury; amending s. 582.32, F.S.; revising the
  110         procedures on continuing existing contracts; repealing
  111         s. 585.155, F.S., relating to the inspection and
  112         vaccination of cattle for brucellosis; repealing s.
  113         589.03, F.S., relating to the compensation and
  114         reimbursement for per diem and travel expenses of
  115         members of the Florida Forestry Council; amending s.
  116         589.19, F.S.; renaming the “Wounded Warrior Special
  117         Hunt Areas” of the state forests; conforming obsolete
  118         references to the former Division of Forestry;
  119         amending s. 589.277, F.S.; revising requirements for
  120         the deposit of contributions for tree planting
  121         programs; conforming obsolete references to the former
  122         Division of Forestry; amending s. 590.02, F.S.;
  123         specifying that state and local government agencies
  124         other than the Florida Forest Service may not enforce
  125         regulations of broadcast burning or agricultural and
  126         silvicultural pile burning except under certain
  127         circumstances; conforming obsolete references to the
  128         former Division of Forestry; amending ss. 597.0021 and
  129         597.003, F.S.; deleting references to the Aquaculture
  130         Interagency Coordinating Council to conform to the
  131         repeal by the act of provisions creating the council;
  132         amending s. 597.004, F.S.; authorizing the waiver of
  133         aquaculture registration fees for certain schools;
  134         amending s. 597.005, F.S.; revising the composition of
  135         the Aquaculture Review Council to conform to the
  136         repeal by the act of provisions creating the
  137         Aquaculture Interagency Coordinating Council; revising
  138         the legislative committees to whom the Aquaculture
  139         Review Council must provide analyses of unresolved
  140         industry issues; repealing s. 597.006, F.S., relating
  141         to the Aquaculture Interagency Coordinating Council;
  142         amending s. 604.21, F.S.; authorizing the Commissioner
  143         of Agriculture to act as trustee on bonds posted by
  144         the United States Department of Agriculture under
  145         certain circumstances; authorizing the Commissioner of
  146         Agriculture to enter into agreements with the United
  147         States Department of Agriculture; amending s. 616.252,
  148         F.S.; providing for the reimbursement of members of
  149         the Florida State Fair Authority for per diem and
  150         travel expenses; providing an effective date.
  151  
  152  Be It Enacted by the Legislature of the State of Florida:
  153  
  154         Section 1. Paragraph (m) is added to subsection (2) of
  155  section 20.14, Florida Statutes, to read:
  156         20.14 Department of Agriculture and Consumer Services.
  157  There is created a Department of Agriculture and Consumer
  158  Services.
  159         (2) The following divisions of the Department of
  160  Agriculture and Consumer Services are established:
  161         (m) Food, Nutrition, and Wellness.
  162         Section 2. Subsection (1) of section 253.002, Florida
  163  Statutes, is amended to read:
  164         253.002 Department of Environmental Protection, water
  165  management districts, Fish and Wildlife Conservation Commission,
  166  and Department of Agriculture and Consumer Services; duties with
  167  respect to state lands.—
  168         (1) The Department of Environmental Protection shall
  169  perform all staff duties and functions related to the
  170  acquisition, administration, and disposition of state lands,
  171  title to which is or will be vested in the Board of Trustees of
  172  the Internal Improvement Trust Fund. However, upon the effective
  173  date of rules adopted pursuant to s. 373.427, a water management
  174  district created under s. 373.069 shall perform the staff duties
  175  and functions related to the review of any application for
  176  authorization to use board of trustees-owned submerged lands
  177  necessary for an activity regulated under part IV of chapter 373
  178  for which the water management district has permitting
  179  responsibility as set forth in an operating agreement adopted
  180  pursuant to s. 373.046(4).; and The Department of Agriculture
  181  and Consumer Services shall perform the staff duties and
  182  functions related to the review of applications and compliance
  183  with conditions for use of board of trustees-owned submerged
  184  lands under authorizations or leases issued pursuant to ss.
  185  253.67-253.75 and 597.010 and the acquisition, administration,
  186  and disposition of conservation easements pursuant to s. 570.71.
  187  Unless expressly prohibited by law, the board of trustees may
  188  delegate to the department any statutory duty or obligation
  189  relating to the acquisition, administration, or disposition of
  190  lands, title to which is or will be vested in the board of
  191  trustees. The board of trustees may also delegate to any water
  192  management district created under s. 373.069 the authority to
  193  take final agency action, without any action on behalf of the
  194  board, on applications for authorization to use board of
  195  trustees-owned submerged lands for any activity regulated under
  196  part IV of chapter 373 for which the water management district
  197  has permitting responsibility as set forth in an operating
  198  agreement adopted pursuant to s. 373.046(4). This water
  199  management district responsibility under this subsection shall
  200  be subject to the department’s general supervisory authority
  201  pursuant to s. 373.026(7). The board of trustees may also
  202  delegate to the Department of Agriculture and Consumer Services
  203  the authority to take final agency action on behalf of the board
  204  on applications to use board of trustees-owned submerged lands
  205  for any activity for which that department has responsibility
  206  pursuant to ss. 253.67-253.75, 369.25, 369.251, and 597.010.
  207  However, the board of trustees shall retain the authority to
  208  take final agency action on establishing any areas for leasing,
  209  new leases, expanding existing lease areas, or changing the type
  210  of lease activity in existing leases. Upon issuance of an
  211  aquaculture lease or other real property transaction relating to
  212  aquaculture, the Department of Agriculture and Consumer Services
  213  must send a copy of the document and the accompanying survey to
  214  the Department of Environmental Protection. The board of
  215  trustees may also delegate to the Fish and Wildlife Conservation
  216  Commission the authority to take final agency action, without
  217  any action on behalf of the board, on applications for
  218  authorization to use board of trustees-owned submerged lands for
  219  any activity regulated under ss. 369.20 and 369.22.
  220         Section 3. Paragraph (a) of subsection (5) and paragraph
  221  (b) of subsection (6) of section 379.2523, Florida Statutes, are
  222  amended to read:
  223         379.2523 Aquaculture definitions; marine aquaculture
  224  products, producers, and facilities.—
  225         (5) The department shall:
  226         (a) Coordinate with the Aquaculture Review Council, the
  227  Aquaculture Interagency Coordinating Council, and the Department
  228  of Agriculture and Consumer Services when developing criteria
  229  for aquaculture general permits.
  230         (6) The Fish and Wildlife Conservation Commission shall
  231  encourage the development of aquaculture in the state through
  232  the following:
  233         (b) Facilitating aquaculture research on life histories,
  234  stock enhancement, and alternative species, and providing
  235  research results that would assist in the evaluation,
  236  development, and commercial production of candidate species for
  237  aquaculture, including:
  238         1. Providing eggs, larvae, fry, and fingerlings to
  239  aquaculturists when excess cultured stocks are available from
  240  the commission’s facilities and the culture activities are
  241  consistent with the commission’s stock enhancement projects.
  242  Such stocks may be obtained by reimbursing the commission for
  243  the cost of production on a per-unit basis. Revenues resulting
  244  from the sale of stocks shall be deposited into the trust fund
  245  used to support the production of such stocks.
  246         2. Conducting research programs to evaluate candidate
  247  species when funding and staff are available.
  248         3. Encouraging the private production of marine fish and
  249  shellfish stocks for the purpose of providing such stocks for
  250  statewide stock enhancement programs. When such stocks become
  251  available, the commission shall reduce or eliminate duplicative
  252  production practices that would result in direct competition
  253  with private commercial producers.
  254         4. Developing a working group, in cooperation with the
  255  Department of Agriculture and Consumer Services and, the
  256  Aquaculture Review Council, and the Aquaculture Interagency
  257  Coordinating Council, to plan and facilitate the development of
  258  private marine fish and nonfish hatcheries and to encourage
  259  private/public partnerships to promote the production of marine
  260  aquaculture products.
  261         Section 4. Paragraph (c) of subsection (3) of section
  262  379.2524, Florida Statutes, is amended to read:
  263         379.2524 Commercial production of sturgeon.—
  264         (3) MEETINGS; PROCEDURES; RECORDS.—The working group shall
  265  meet at least twice a year and elect, by a quorum, a chair and
  266  vice chair.
  267         (c) A quorum shall consist of a majority of the group
  268  members. Members of the group shall not receive compensation,
  269  but shall be entitled to per diem and travel expenses, including
  270  attendance at meetings, as allowed public officers and employees
  271  pursuant to s. 112.061.
  272         Section 5. Subsection (1) of section 388.161, Florida
  273  Statutes, is amended to read:
  274         388.161 District boards of commissioners; powers and
  275  duties.—
  276         (1) The board of commissioners may do any and all things
  277  necessary for the control and elimination of all species of
  278  mosquitoes and other arthropods of public health importance and
  279  the board of commissioners is specifically authorized to provide
  280  for the construction and maintenance of canals, ditches, drains,
  281  dikes, fills, and other necessary works and to install and
  282  maintain pumps, excavators, and other machinery and equipment,
  283  to use pesticides registered oil, larvicide paris green, or any
  284  other chemicals approved by the department but only in such
  285  quantities as may be necessary to control mosquito breeding and
  286  not be detrimental to fish life.
  287         Section 6. Subsection (4) of section 388.201, Florida
  288  Statutes, is amended to read:
  289         388.201 District budgets; hearing.—
  290         (4) The governing board:
  291         (a) Shall consider give consideration to objections filed
  292  against adoption of the tentative detailed work plan budget and
  293  in its discretion may amend, modify, or change such budget; and
  294         (b) Shall by September 30 15 following adopt and execute on
  295  a form furnished by the department a certified budget for the
  296  district which shall be the operating and fiscal guide for the
  297  district. Certified copies of this budget shall be submitted by
  298  September 30 15 to the department for approval.
  299         Section 7. Subsections (1) and (2) of section 388.323,
  300  Florida Statutes, are amended to read:
  301         388.323 Disposal of surplus property.—Surplus property
  302  shall be disposed of according to the provisions set forth in s.
  303  274.05 with the following exceptions:
  304         (1) Serviceable equipment no longer needed by a county or
  305  district shall first be offered to any or all other counties or
  306  districts engaged in arthropod control at a price established by
  307  the board of commissioners owning the equipment. If no
  308  acceptable offer is received within a reasonable time, the
  309  equipment shall be offered to such other governmental units or
  310  private nonprofit agencies as provided in s. 274.05.
  311         (2) The alternative procedure for disposal of surplus
  312  property, as prescribed in s. 274.06, shall be followed if it is
  313  has been determined that no other county or, district engaged in
  314  arthropod control, governmental unit, or private nonprofit
  315  agency has need for the equipment.
  316         Section 8. Section 388.42, Florida Statutes, is repealed.
  317         Section 9. Subsection (2) of section 388.46, Florida
  318  Statutes, is amended to read:
  319         388.46 Florida Coordinating Council on Mosquito Control;
  320  establishment; membership; organization; responsibilities.—
  321         (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
  322         (a) Membership.—The Florida Coordinating Council on
  323  Mosquito Control shall be comprised of the following
  324  representatives or their authorized designees:
  325         1. The Secretary of Environmental Protection. and
  326         2. The State Surgeon General.;
  327         3.2. The executive director of the Fish and Wildlife
  328  Conservation Commission.;
  329         4.3. The state epidemiologist.;
  330         5.4. The Commissioner of Agriculture.; and
  331         6. The Board of Trustees of the Internal Improvement Trust
  332  Fund.
  333         7.5. Representatives from:
  334         a. The University of Florida, Institute of Food and
  335  Agricultural Sciences, Florida Medical Entomological Research
  336  Laboratory.;
  337         b. Florida Agricultural and Mechanical University;
  338         b.c. The United States Environmental Protection Agency.;
  339         c.d. The United States Department of Agriculture, Insects
  340  Affecting Man Laboratory.;
  341         d.e. The United States Fish and Wildlife Service.;
  342         8.f. Two mosquito control directors to be nominated by the
  343  Florida Mosquito Control Association, two representatives of
  344  Florida environmental groups, and two private citizens who are
  345  property owners whose lands are regularly subject to mosquito
  346  control operations, to be appointed to 4-year terms by the
  347  Commissioner of Agriculture; and
  348         g. The Board of Trustees of the Internal Improvement Trust
  349  Fund.
  350         (b) Organization.—The council shall be chaired by the
  351  Commissioner of Agriculture or the commissioner’s authorized
  352  designee. A majority of the membership of the council shall
  353  constitute a quorum for the conduct of business. The chair shall
  354  be responsible for recording and distributing to the members a
  355  summary of the proceedings of all council meetings. The council
  356  shall meet at least three times each year, or as needed. The
  357  council may designate subcommittees from time to time to assist
  358  in carrying out its responsibilities, provided that the
  359  Subcommittee on Managed Marshes shall be the first subcommittee
  360  appointed by the council. The subcommittee shall continue to
  361  provide technical assistance and guidance on saltmarsh mosquito
  362  impoundment management plans and develop and review research
  363  proposals, taking into account the mosquito control source
  364  reduction implications and natural resource interests in these
  365  habitats for mosquito source reduction techniques.
  366         (c) Responsibilities.—The council shall:
  367         1. Develop and implement guidelines to assist the
  368  department in resolving disputes arising over the control of
  369  arthropods on publicly owned lands.
  370         2. Identify and recommend to Florida Agricultural and
  371  Mechanical University research priorities for arthropod control
  372  practices and technologies.
  373         2.3. Develop and recommend to the department a request for
  374  proposal process for arthropod control research.
  375         3.4. Identify potential funding sources for research or
  376  implementation projects and evaluate and prioritize proposals
  377  upon request by the funding source.
  378         4.5. Prepare and present reports, as needed, on arthropod
  379  control activities in the state to the Pesticide Review Council,
  380  the Florida Coastal Management Program Interagency Management
  381  Committee, and other governmental organizations, as appropriate.
  382         Section 10. Subsections (7) and (8) of section 493.6104,
  383  Florida Statutes, are renumbered as subsections (6) and (7),
  384  respectively, and present subsection (6) of that section is
  385  amended to read:
  386         493.6104 Advisory council.—
  387         (6) Council members shall serve without pay; however, state
  388  per diem and travel allowances may be claimed for attendance at
  389  officially called meetings as provided by s. 112.061.
  390         Section 11. Subsection (3) of section 500.09, Florida
  391  Statutes, is amended to read:
  392         500.09 Rulemaking; analytical work.—
  393         (3) The department may adopt rules necessary for the
  394  efficient enforcement of this chapter. Such rules must be
  395  consistent with those adopted under the federal act in regard to
  396  food and, to this end, may adopt by reference those rules and
  397  the current edition of the model Food Code issued by the Food
  398  and Drug Administration and Public Health Service of the United
  399  States Department of Health and Human Services, when applicable
  400  and practicable.
  401         Section 12. Subsection (6) of section 500.147, Florida
  402  Statutes, is amended to read:
  403         500.147 Inspection of food establishments and vehicles;
  404  food safety pilot program.—
  405         (6) The department is authorized to initiate a food safety
  406  pilot program establishing a special, documented food inspection
  407  program based on sound science principles of the Hazard Analysis
  408  Critical Control Point (HACCP) system and involving cooperative
  409  compliance efforts of both the department and the food
  410  establishment to assure consumers a safe, wholesome, and
  411  properly labeled food supply. A food establishment shall be
  412  eligible for such a pilot program only if program criteria are
  413  met. Criteria used to establish this special program include,
  414  but are not limited to, the following:
  415         (a) A good inspection history over a specified time period.
  416         (b) Certified food manager activities demonstrated to be
  417  effective in assessing food safety practices and correcting
  418  deficiencies at the food establishment.
  419         (c) An active food training program in place for employees.
  420         (d) “Self inspection” records of the food establishment
  421  made available for review by the department.
  422         (e) Written sanitation standard operation procedures in
  423  place and the food establishment’s verification records made
  424  available for review by the department.
  425         (f) Freezer/refrigeration units and hot-cold temperature
  426  logs or recording charts made available for review by the
  427  department.
  428         (g) Records of corrective action to resolve food safety
  429  deficiencies made available for review by the department.
  430         Section 13. Subsections (4) through (7) of section 502.014,
  431  Florida Statutes, are renumbered as subsections (3) through (6),
  432  respectively, and present subsection (3) of that section is
  433  amended to read:
  434         502.014 Powers and duties.—
  435         (3) The department shall manage a program to issue permits
  436  to persons who test milk or milk products for milkfat content by
  437  weight, volume, chemical, electronic, or other means when the
  438  result of such test is used as a basis for payment for the milk
  439  or milk products.
  440         Section 14. Subsections (1) and (2) and paragraphs (a) and
  441  (e) of subsection (3) of section 502.053, Florida Statutes, are
  442  amended to read:
  443         502.053 Permits and licenses; fees; requirements;
  444  exemptions; temporary permits.—
  445         (1) PERMITS AND LICENSES.—
  446         (a) Each Grade “A” milk plant, whether located in the state
  447  or outside the state, and each manufacturing milk plant, milk
  448  producer, milk hauler, milk hauling service, washing station
  449  operator, milk plant operator, milk distributor, single-service
  450  container manufacturer, receiving station, and transfer station
  451  in the state shall apply to the department for a permit to
  452  operate. The application shall be on forms developed by the
  453  department.
  454         (b) Each frozen dessert plant, whether located in the state
  455  or outside the state, that manufactures frozen desserts or other
  456  products defined in this chapter and offers these products for
  457  sale in this state must apply to the department for a permit to
  458  operate. The application must be submitted on forms prescribed
  459  by the department. All frozen dessert permits expire on June 30
  460  of each year.
  461         (c) Any person who tests milk or milk products for milkfat
  462  content by weight, volume, chemical, electronic, or other method
  463  when the result of such test is used as a basis for payment for
  464  the milk or milk products must apply to the department for a
  465  license. To qualify for a license, the applicant must
  466  demonstrate a sufficiency of knowledge, ability, and equipment
  467  to adequately perform milkfat tests. The license shall be issued
  468  for a period of 2 years after the date of first issuance upon
  469  application to the department on forms prescribed by the
  470  department.
  471         (c)(d) Permits and licenses are nontransferable between
  472  persons or locations and are subject to suspension or revocation
  473  as provided in this chapter.
  474         (2) FEES.—
  475         (a) The initial application for a frozen dessert plant
  476  permit must be accompanied by a permit fee of $200. The annual
  477  permit renewal fee is $100.
  478         (b) The department shall charge each applicant for a
  479  milkfat tester’s license a fee not to exceed $125.
  480         (3) REQUIREMENTS.—
  481         (a) To obtain a frozen dessert plant permit or milkfat
  482  tester’s license, an applicant must satisfy all requirements
  483  that are defined by the department in rule and must agree to
  484  comply with the applicable provisions of this chapter and rules
  485  adopted under this chapter. The department shall mail a copy of
  486  the permit or license to the applicant to signify that
  487  administrative requirements have been met.
  488         (e) Each licensed milkfat tester shall keep records of
  489  milkfat tests conducted by him or her for a period of 1 year,
  490  and such records must be available for inspection by the
  491  department at all reasonable hours.
  492         Section 15. Subsection (9) of section 570.0705, Florida
  493  Statutes, is amended to read:
  494         570.0705 Advisory committees.—From time to time the
  495  commissioner may appoint any advisory committee to assist the
  496  department with its duties and responsibilities.
  497         (9) Notwithstanding s. 20.052(4)(d), members of each
  498  advisory committee, council, board, working group, task force,
  499  or other advisory body created by law within the department or
  500  created by the department under this section may not be
  501  reimbursed for per diem or travel expenses as provided in s.
  502  112.061 shall receive no compensation for their services.
  503         Section 16. Section 570.071, Florida Statutes, is repealed.
  504         Section 17. Section 570.074, Florida Statutes, is amended
  505  to read:
  506         570.074 Department of Agriculture and Consumer Services;
  507  energy and water policy.—The commissioner may create an Office
  508  of Agricultural Energy and Water Policy under the supervision of
  509  a senior manager exempt under s. 110.205 in the Senior
  510  Management Service. The commissioner may designate the bureaus
  511  and positions in the various organizational divisions of the
  512  department that report to this office relating to any matter
  513  over which the department has jurisdiction in matters relating
  514  to energy and water policy affecting agriculture, application of
  515  such policies, and coordination of such matters with state and
  516  federal agencies.
  517         Section 18. Section 570.18, Florida Statutes, is amended to
  518  read:
  519         570.18 Organization of departmental work.—In the assignment
  520  of functions to the divisions of the department created in s.
  521  20.14 570.29, the department shall retain within the Division of
  522  Administration, in addition to executive functions, those powers
  523  and duties enumerated in s. 570.30. The department shall
  524  organize the work of the other divisions in such a way as to
  525  secure maximum efficiency in the conduct of the department. The
  526  divisions created in s. 20.14 570.29 are solely to make possible
  527  the definite placing of responsibility. The department shall be
  528  conducted as a unit in which every employee, including each
  529  division director, is assigned a definite workload, and there
  530  shall exist between division directors a spirit of cooperative
  531  effort to accomplish the work of the department.
  532         Section 19. Section 570.29, Florida Statutes, is repealed.
  533         Section 20. Section 570.34, Florida Statutes, is repealed.
  534         Section 21. Section 570.451, Florida Statutes, is created
  535  to read:
  536         570.451 Agricultural Feed, Seed, and Fertilizer Advisory
  537  Council.—
  538         (1) The Agricultural Feed, Seed, and Fertilizer Advisory
  539  Council is created within the department.
  540         (2) The council is composed of the following 15 members
  541  appointed by the commissioner:
  542         (a) One representative of the department.
  543         (b) One representative of the dean for extension of the
  544  Institute of Food and Agricultural Sciences at the University of
  545  Florida.
  546         (c) One representative each from the state’s beef cattle,
  547  poultry, aquaculture, field crops, citrus, vegetable, and dairy
  548  production industries.
  549         (d) Two representatives each from the state’s fertilizer,
  550  seed, and commercial feed industries.
  551  
  552  Each member shall be appointed for a term of not to exceed 4
  553  years and shall serve until his or her successor is appointed.
  554         (3)(a) A majority of the council members constitutes a
  555  quorum for all purposes, and an act by a majority of such quorum
  556  at any meeting constitutes an official act of the council. The
  557  secretary shall keep a complete record of each meeting, which
  558  must show the names of members present and the actions taken.
  559  Such records must be kept on file with the department.
  560         (b) Members of the council shall meet and organize by
  561  electing a chair, a vice chair, and a secretary whose terms
  562  shall be for 2 years each. Council officers may not serve
  563  consecutive terms.
  564         (c) The council shall meet at the call of its chair, at the
  565  request of a majority of its members, at the request of the
  566  department, or at such time as an agricultural or environmental
  567  emergency arises, but not less than twice per year.
  568         (d) The meetings, powers and duties, procedures, and
  569  recordkeeping of the council shall be in accordance with the
  570  provisions of s. 570.0705 relating to advisory committees
  571  established within the department.
  572         (4) The council shall:
  573         (a) Receive reports of relevant enforcement activity
  574  conducted by the Division of Agricultural Environmental
  575  Services, including the number of inspections, the number of
  576  administrative actions, the number of complaints received and
  577  investigated, and the dispositions of complaints.
  578         (b) Provide advice to the department on the conduct of
  579  relevant enforcement activities.
  580         (c) Receive reports on disciplinary actions.
  581         (d) Make recommendations to the commissioner for actions to
  582  be taken with respect to the regulation of agricultural feed,
  583  seed, and fertilizer.
  584         Section 22. Paragraph (e) of subsection (6) of section
  585  570.53, Florida Statutes, is amended to read:
  586         570.53 Division of Marketing and Development; powers and
  587  duties.—The powers and duties of the Division of Marketing and
  588  Development include, but are not limited to:
  589         (6)
  590         (e) Extending in every practicable way the distribution and
  591  sale of Florida agricultural products throughout the markets of
  592  the world as required of the department by s. ss. 570.07(7),
  593  (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.
  594         Section 23. Subsection (2) of section 570.54, Florida
  595  Statutes, is amended to read:
  596         570.54 Director; duties.—
  597         (2) It shall be the duty of the director of this division
  598  to supervise, direct, and coordinate the activities authorized
  599  by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and
  600  (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and
  601  chapters 504, 571, 573, and 574 and to exercise other powers and
  602  authority as authorized by the department.
  603         Section 24. Subsection (7) of section 573.112, Florida
  604  Statutes, is amended to read:
  605         573.112 Advisory council.—
  606         (7) Notwithstanding any provision of this section, the
  607  Citrus Research and Development Foundation, Inc., a direct
  608  support organization of the University of Florida established
  609  pursuant to s. 1004.28, shall serve as the advisory council for
  610  a citrus research marketing order, provide the department with
  611  advice on administering the order, and, in accordance with the
  612  order, conduct citrus research and perform other duties assigned
  613  by the department. Notwithstanding s. 1004.28(3) or any
  614  provision of this section, the foundation’s board of directors
  615  shall be composed of 13 members, including 10 citrus growers, 2
  616  representatives of the university’s Institute of Food and
  617  Agricultural Sciences, and 1 member appointed by the
  618  Commissioner of Agriculture, who are each entitled to
  619  reimbursement from the foundation for per diem and travel
  620  expenses as provided in s. 112.061.
  621         Section 25. Subsection (4) of section 573.118, Florida
  622  Statutes, is amended to read:
  623         573.118 Assessment; funds; review of accounts audit;
  624  loans.—
  625         (4) In the event of levying and collecting of assessments,
  626  for each fiscal year in which assessment funds are received by
  627  the department, the department shall maintain records of
  628  collections and expenditures for each marketing order separately
  629  within the state’s accounting system. If requested by an
  630  advisory council, department staff shall cause to be made a
  631  thorough review annual audit of the books and accounts by a
  632  certified public accountant, such review audit to be completed
  633  within 60 days after the request is received end of the fiscal
  634  year. The department and all producers and handlers covered by
  635  the marketing order shall be properly advised of the details of
  636  the review annual official audit of the account accounts as
  637  shown by the certified public accountant within 30 days after of
  638  the review audit.
  639         Section 26. Subsection (8) of section 576.045, Florida
  640  Statutes, is amended to read:
  641         576.045 Nitrogen and phosphorus; findings and intent; fees;
  642  purpose; best management practices; waiver of liability;
  643  compliance; rules; exclusions; expiration.—
  644         (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3),
  645  (4), and (6) expire on December 31, 2022 2012. Subsections (5)
  646  and (7) expire on December 31, 2027 2017.
  647         Section 27. Section 576.071, Florida Statutes, is amended
  648  to read:
  649         576.071 Commercial value.—The commercial value used in
  650  assessing penalties for any deficiency shall be determined by
  651  using annualized plant nutrient values contained in one or more
  652  generally recognized journals recommended by the Fertilizer
  653  Technical Council.
  654         Section 28. Section 576.091, Florida Statutes, is repealed.
  655         Section 29. Section 578.30, Florida Statutes, is repealed.
  656         Section 30. Paragraph (c) of subsection (1) and subsection
  657  (3) of section 580.041, Florida Statutes, are amended to read:
  658         580.041 Master registration; fee; refusal or cancellation
  659  of registration; reporting.—
  660         (1)
  661         (c) Registration shall be conditioned on the distributor’s
  662  compliance with all provisions of this chapter and rules adopted
  663  under this chapter thereof, including:
  664         1. Submitting samples of manufactured feed for testing by
  665  laboratories that have been certified by the department or
  666  obtaining an exemption from the certified laboratory testing
  667  requirement, as provided by this chapter and rules thereof.
  668         2. Maintaining a bookkeeping system and records necessary
  669  to indicate accurately the type and tonnage of commercial feeds
  670  sold in this state that will allow the department to verify the
  671  accuracy of the reported tonnage.
  672         3. Reporting within 30 days after the end of each quarter,
  673  in the format prescribed by the department, the number of tons
  674  of feed distributed in the state during each of the following
  675  reporting periods: July through September, October through
  676  December, January through March, and April through June.
  677         4.3. Allowing the department to verify the accuracy of
  678  reported type and tonnage and to otherwise examine pertinent
  679  records at reasonable times.
  680         (3) The department may refuse, suspend, or cancel the
  681  master registration of, or impose one or more of the penalties
  682  provided in s. 580.121, against any distributor or registrant
  683  who violates or fails to comply with the provisions of this
  684  chapter.
  685         Section 31. Section 580.131, Florida Statutes, is amended
  686  to read:
  687         580.131 Penalty payable to consumer.—
  688         (1) Any consumer who purchases without notice a commercial
  689  feed or feedstuff that is has been distributed in violation of
  690  this chapter or rules adopted under this chapter shall, in any
  691  legal or administrative action that may be instituted, recover
  692  penalties as follows:
  693         (a)(1) If a certified laboratory analysis shows that any
  694  feed bearing a guarantee of 20 percent protein, or less, falls
  695  more than 1 percent protein below the guarantee, or if the
  696  analysis shows that any feed bearing a guarantee of more than 20
  697  percent protein falls more than 2 percent protein below the
  698  guarantee, $4 per ton for each percent protein deficiency shall
  699  be assessed against the manufacturer or distributor.
  700         (b)(2) If a certified laboratory analysis shows that any
  701  feed is deficient in fat by more than 0.5 five-tenths percent
  702  fat, $4 per ton for each percent fat deficiency shall be
  703  assessed against the manufacturer or distributor.
  704         (c)(3) If a certified laboratory analysis shows that any
  705  feed bearing a maximum guarantee of not more than 20 percent
  706  fiber exceeds this guarantee by more than 1 percent fiber, or if
  707  the analysis shows that any feed bearing a maximum guarantee of
  708  more than 20 percent fiber exceeds this guarantee by more than 2
  709  percent fiber, $4 per ton for each percent fiber excess shall be
  710  assessed against the manufacturer or distributor.
  711         (d)(4) If a certified laboratory analysis shows that any
  712  commercial feed is deficient or excessive in the required drug,
  713  mineral, or nutritive guarantees other than protein, fat, or
  714  fiber, a penalty of $4 per ton shall be assessed against the
  715  manufacturer or distributor for each deficiency or excessive
  716  level found.
  717         (e)(5) If a certified laboratory analysis shows that any
  718  commercial feed or feedstuff is found to be adulterated as
  719  provided in s. 580.071, a penalty of $4 per ton shall be
  720  assessed against the manufacturer or distributor for each
  721  violation found.
  722         (f)(6) If any feed is found by the department to be short
  723  in weight, 4 times the invoice value of the actual shortage
  724  shall be assessed against the manufacturer or distributor, but
  725  in no instance shall the penalty be less than $25. The
  726  department by rule may establish variations for short weight.
  727         (g)(7)In no case shall Any penalty assessed under as
  728  specified in this section be less than $10, regardless of the
  729  monetary value of the violation, must be at least $10.
  730         (2)(a) Within 60 days after the department notifies a
  731  registrant in writing of any penalty assessed under this
  732  section, the registrant shall pay the penalty to the consumer.
  733  If the consumer’s identity cannot be determined, the registrant
  734  shall, within the 60-day period, pay the assessed penalty to the
  735  department.
  736         (b) A registrant who, within the 60-day period, fails to
  737  pay the full amount of the assessed penalty to the consumer or
  738  the department, as applicable, in addition to the penalty
  739  assessed under this section, is also subject to the penalties
  740  provided in s. 580.121.
  741         (c) The proceeds from any penalties paid to the department
  742  under this section shall be deposited into the department’s
  743  General Inspection Trust Fund and be used by the department for
  744  the exclusive purpose of administering this chapter.
  745         Section 32. Section 580.151, Florida Statutes, is repealed.
  746         Section 33. Subsection (30) of section 581.011, Florida
  747  Statutes, is amended to read:
  748         581.011 Definitions.—As used in this chapter:
  749         (30) “Technical council” means the Plant Industry Technical
  750  Council.
  751         Section 34. Subsection (3) of section 581.145, Florida
  752  Statutes, is amended to read:
  753         581.145 Aquatic plant nursery registration; special permit
  754  requirements.—
  755         (3) Notwithstanding any other provision of state or federal
  756  law, the Department of Agriculture and Consumer Services shall
  757  issue, by request, a permit to the aquaculture producer to
  758  engage in the business of transporting and selling exporting
  759  water hyacinths (Eichhornia spp.) only to other states or
  760  countries that permit such transportation and sale other than
  761  the United States and only when such water hyacinths are
  762  cultivated in a nursery for the sole purpose of exportation and
  763  the aquaculture activities have activity has been certified by
  764  the Department of Agriculture and Consumer Services. In
  765  accordance with any appropriate state or federal law or United
  766  States treaty, a no Florida aquaculture producer may not shall
  767  ship water hyacinths to other states or countries other than the
  768  United States under such a permit for the purpose of importing
  769  water hyacinths back into Florida the United States, nor shall
  770  drop shipments be made to any other destination within the
  771  United States. This subsection does not provision shall in no
  772  way restrict or interfere with the Department of Environmental
  773  Protection’s efforts of the Fish and Wildlife Conservation
  774  Commission, or the efforts those of any other agency or local
  775  government with responsibilities for the management of noxious
  776  aquatic plants, to control or eradicate noxious nonnursery
  777  aquatic plants, including water hyacinths. This subsection may
  778  provision shall not be considered a consideration in the
  779  approval or the release of biological control agents for water
  780  hyacinths or any other noxious aquatic plants.
  781         Section 35. Section 582.06, Florida Statutes, is amended to
  782  read:
  783         582.06 Soil and Water Conservation Council; powers and
  784  duties.—
  785         (1) COMPOSITION.—
  786         (a) The Soil and Water Conservation Council is created in
  787  the Department of Agriculture and Consumer Services and shall be
  788  composed of 7 23 members as follows:
  789         (a) Eleven members shall be persons who have been involved
  790  in the practice of soil or water conservation, or in the
  791  development or implementation of interim measures or best
  792  management practices related thereto, and who have been engaged
  793  in agriculture or an occupation related to the agricultural
  794  industry for at least 5 years at the time of their appointment.
  795         (b) Twelve members shall include one representative each
  796  from the Department of Environmental Protection, the five water
  797  management districts, the Institute of Food and Agricultural
  798  Sciences at the University of Florida, the United States
  799  Department of Agriculture Natural Resources Conservation
  800  Service, the Florida Association of Counties, and the Florida
  801  League of Cities and two representatives of environmental
  802  interests.
  803         (b)(c) All members shall be appointed by the commissioner.
  804  Members appointed pursuant to paragraph (b) shall be appointed
  805  by the commissioner from recommendations provided by the
  806  organization or interest represented.
  807         (c)(d) Members shall serve 4-year terms or until their
  808  successors are duly qualified and appointed. If a vacancy
  809  occurs, it shall be filled for the remainder of the term in the
  810  manner of an initial appointment.
  811         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;
  812  COMPENSATION.—The meetings, powers and duties, procedures, and
  813  recordkeeping of the Soil and Water Conservation Council, and
  814  per diem and reimbursement of expenses of council members, shall
  815  be governed by the provisions of s. 570.0705 relating to
  816  advisory committees established within the department.
  817         Section 36. Section 582.20, Florida Statutes, is amended to
  818  read:
  819         582.20 Powers of districts and supervisors.—A soil and
  820  water conservation district organized under the provisions of
  821  this chapter shall constitute a governmental subdivision of this
  822  state, and a public body corporate and politic, exercising
  823  public powers, and such district and the supervisors thereof,
  824  shall have the following powers, in addition to others granted
  825  in other sections of this chapter:
  826         (1) To conduct surveys, investigations, and research
  827  relating to the character of soil erosion and floodwater and
  828  sediment damages, to the conservation, development and
  829  utilization of soil and water resources and the disposal of
  830  water, and to the preventive and control measures and works of
  831  improvement needed; to publish the results of such surveys,
  832  investigations, or research; and to disseminate information
  833  concerning such preventive and control measures and works of
  834  improvement; provided, however, that in order to avoid
  835  duplication of research activities, no district shall initiate
  836  any research program except in cooperation with the government
  837  of this state or any of its agencies, or with the United States
  838  or any of its agencies.;
  839         (2) To conduct demonstrational projects within the
  840  district’s boundaries, territory within another district’s
  841  boundaries subject to the other district’s approval, or
  842  territory not contained within any district’s boundaries
  843  district on lands owned or controlled by this state or any of
  844  its agencies, with the cooperation of the agency administering
  845  and having jurisdiction thereof, and on any other lands within
  846  the district’s boundaries, territory within another district’s
  847  boundaries subject to the other district’s approval, or
  848  territory not contained within any district’s boundaries
  849  district upon obtaining the consent of the owner and occupiers
  850  of such lands or the necessary rights or interests in such
  851  lands, in order to demonstrate by example the means, methods,
  852  and measures by which soil and soil resources may be conserved,
  853  and soil erosion in the form of soil blowing and soil washing
  854  may be prevented and controlled, and works of improvement for
  855  flood prevention or the conservation, development and
  856  utilization of soil and water resources, and the disposal of
  857  water may be carried out.;
  858         (3) To carry out preventive and control measures and works
  859  of improvement for flood prevention or the conservation,
  860  development and utilization of soil and water resources, and the
  861  disposal of water within the district’s boundaries, territory
  862  within another district’s boundaries subject to the other
  863  district’s approval, or territory not contained within any
  864  district’s boundaries district, including, but not limited to,
  865  engineering operations, methods of cultivation, the growing of
  866  vegetation, changes in use of land, and the measures listed in
  867  s. 582.04 on lands owned or controlled by this state or any of
  868  its agencies, with the cooperation of the agency administering
  869  and having jurisdiction thereof, and on any other lands within
  870  the district’s boundaries, territory within another district’s
  871  boundaries subject to the other district’s approval, or
  872  territory not contained within any district’s boundaries
  873  district upon obtaining the consent of the owner and the
  874  occupiers of such lands or the necessary rights or interests in
  875  such lands.;
  876         (4) To cooperate, or enter into agreements with, and within
  877  the limits of appropriations duly made available to it by law,
  878  to furnish financial or other aid to, any agency, governmental
  879  or otherwise, or any owner or occupier of lands within the
  880  district’s boundaries, territory within another district’s
  881  boundaries subject to the other district’s approval, or
  882  territory not contained within any district’s boundaries
  883  district, in the carrying on of erosion control or prevention
  884  operations and works of improvement for flood prevention or the
  885  conservation, development and utilization, of soil and water
  886  resources and the disposal of water within the district’s
  887  boundaries, territory within another district’s boundaries
  888  subject to the other district’s approval, or territory not
  889  contained within any district’s boundaries district, subject to
  890  such conditions as the supervisors may deem necessary to advance
  891  the purposes of this chapter.;
  892         (5) To obtain options upon and to acquire, by purchase,
  893  exchange, lease, gift, grant, bequest, devise or otherwise, any
  894  property, real or personal, or rights or interests therein; to
  895  maintain, administer, and improve any properties acquired, to
  896  receive income from such properties and to expend such income in
  897  carrying out the purposes and provisions of this chapter; and to
  898  sell, lease, or otherwise dispose of any of its property or
  899  interests therein in furtherance of the purposes and the
  900  provisions of this chapter.;
  901         (6) To make available, on such terms as it shall prescribe,
  902  to landowners and occupiers within the district’s boundaries,
  903  territory within another district’s boundaries subject to the
  904  other district’s approval, or territory not contained within any
  905  district’s boundaries district, agricultural and engineering
  906  machinery and equipment, fertilizer, seeds and seedlings, and
  907  such other material or equipment, as will assist such landowners
  908  and occupiers to carry on operations upon their lands for the
  909  conservation of soil resources and for the prevention or control
  910  of soil erosion and for flood prevention or the conservation,
  911  development and utilization, of soil and water resources and the
  912  disposal of water.;
  913         (7) To construct, improve, operate and maintain such
  914  structures as may be necessary or convenient for the performance
  915  of any of the operations authorized in this chapter.;
  916         (8) To develop comprehensive plans for the conservation of
  917  soil and water resources and for the control and prevention of
  918  soil erosion and for flood prevention or the conservation,
  919  development and utilization of soil and water resources, and the
  920  disposal of water within the district’s boundaries, territory
  921  within another district’s boundaries subject to the other
  922  district’s approval, or territory not contained within any
  923  district’s boundaries district, which plans shall specify in
  924  such detail as may be possible the acts, procedures,
  925  performances, and avoidances which are necessary or desirable
  926  for the effectuation of such plans, including the specification
  927  of engineering operations, methods of cultivation, the growing
  928  of vegetation, cropping programs, tillage practices, and changes
  929  in use of land; control of artesian wells; and to publish such
  930  plans and information and bring them to the attention of owners
  931  and occupiers of lands within the district’s boundaries,
  932  territory within another district’s boundaries subject to the
  933  other district’s approval, or territory not contained within any
  934  district’s boundaries. district;
  935         (9) To take over, by purchase, lease, or otherwise, and to
  936  administer any soil-conservation, erosion-control, erosion
  937  prevention project, or any project for flood-prevention or for
  938  the conservation, development and utilization of soil and water
  939  resources, and the disposal of water, located within the
  940  district’s its boundaries, territory within another district’s
  941  boundaries subject to the other district’s approval, or
  942  territory not contained within any district’s boundaries,
  943  undertaken by the United States or any of its agencies, or by
  944  this state or any of its agencies; to manage as agent of the
  945  United States or any of its agencies, or of the state or any of
  946  its agencies, any soil-conservation, erosion-control, erosion
  947  prevention, or any project for flood-prevention or for the
  948  conservation, development, and utilization of soil and water
  949  resources, and the disposal of water within the district’s its
  950  boundaries, territory within another district’s boundaries
  951  subject to the other district’s approval, or territory not
  952  contained within any district’s boundaries; to act as agent for
  953  the United States, or any of its agencies, or for the state or
  954  any of its agencies, in connection with the acquisition,
  955  construction, operation or administration of any soil
  956  conservation, erosion-control, erosion-prevention, or any
  957  project for flood-prevention or for the conservation,
  958  development and utilization of soil and water resources, and the
  959  disposal of water within the district’s its boundaries,
  960  territory within another district’s boundaries subject to the
  961  other district’s approval, or territory not contained within any
  962  district’s boundaries; to accept donations, gifts, and
  963  contributions in money, services, materials, or otherwise, from
  964  the United States or any of its agencies, or from this state or
  965  any of its agencies, or from others, and to use or expend such
  966  moneys, services, materials or other contributions in carrying
  967  on its operations.;
  968         (10) To sue and be sued in the name of the district; to
  969  have a seal, which seal shall be judicially noticed; to have
  970  perpetual succession unless terminated as provided in this
  971  chapter; to make and execute contracts and other instruments
  972  necessary or convenient to the exercise of its powers; upon a
  973  majority vote of the supervisors of the district, to borrow
  974  money and to execute promissory notes and other evidences of
  975  indebtedness in connection therewith, and to pledge, mortgage,
  976  and assign the income of the district and its personal property
  977  as security therefor, the notes and other evidences of
  978  indebtedness to be general obligations only of the district and
  979  in no event to constitute an indebtedness for which the faith
  980  and credit of the state or any of its revenues are pledged; to
  981  make, amend, and repeal rules and regulations not inconsistent
  982  with this chapter to carry into effect its purposes and powers.
  983         (11) As a condition to the extending of any benefits under
  984  this chapter to, or the performance of work upon, any lands not
  985  owned or controlled by this state or any of its agencies, the
  986  supervisors may require contributions in money, services,
  987  materials, or otherwise to any operations conferring such
  988  benefits, and may require landowners and occupiers to enter into
  989  and perform such agreements or covenants as to the permanent use
  990  of such lands as will tend to prevent or control erosion and
  991  prevent floodwater and sediment damages thereon.;
  992         (12) No provisions with respect to the acquisition,
  993  operation, or disposition of property by public bodies of this
  994  state shall be applicable to a district organized hereunder
  995  unless the Legislature shall specifically so state. The property
  996  and property rights of every kind and nature acquired by any
  997  district organized under the provisions of this chapter shall be
  998  exempt from state, county, and other taxation.
  999         Section 37. Section 582.29, Florida Statutes, is amended to
 1000  read:
 1001         582.29 State agencies to cooperate.—Agencies of this state
 1002  which shall have jurisdiction over, or be charged with, the
 1003  administration of any state-owned lands, and of any county, or
 1004  other governmental subdivision of the state, which shall have
 1005  jurisdiction over, or be charged with the administration of, any
 1006  county-owned or other publicly owned lands, lying within the
 1007  boundaries of any district organized under this chapter, the
 1008  boundaries of another district subject to that district’s
 1009  approval, or territory not contained within the boundaries of
 1010  any district organized under this chapter, shall cooperate to
 1011  the fullest extent with the supervisors of such districts in the
 1012  effectuation of programs and operations undertaken by the
 1013  supervisors under the provisions of this chapter. The
 1014  supervisors of such districts shall be given free access to
 1015  enter and perform work upon such publicly owned lands. The
 1016  provisions of land use regulations adopted shall be in all
 1017  respects observed by the agencies administering such publicly
 1018  owned lands.
 1019         Section 38. Subsection (3) of section 582.30, Florida
 1020  Statutes, is amended, and subsections (4) and (5) are added to
 1021  that section, to read:
 1022         582.30 Discontinuance of districts; referendum;
 1023  commissioner’s authority.—
 1024         (3) In the alternative, upon review and recommendation of
 1025  the Soil and Water Conservation Council regarding the continued
 1026  viability of a district, the Commissioner of Agriculture may
 1027  dissolve or discontinue a such district if: the commissioner
 1028  certifies that the continued operation of the district is not
 1029  administratively practicable and feasible.
 1030         (a) Upon review and recommendation of the Soil and Water
 1031  Conservation Council, the council determines that the continued
 1032  operation of the district is not administratively practicable
 1033  and feasible under the provisions of this chapter;
 1034         (b) The If A district fails has failed to comply with any
 1035  of the audit or and financial reporting requirement requirements
 1036  of chapter 189 and, the commissioner, after review and
 1037  confirmation by the department’s inspector general reviews and
 1038  confirms in writing that the district has failed to comply with
 1039  such requirement; or, may certify dissolution or discontinuance
 1040  of such district without prior review and recommendation of the
 1041  Soil and Water Conservation Council.
 1042         (c) The department receives a resolution adopted by the
 1043  supervisors of the district requesting that the commissioner
 1044  issue a certificate determining that the continued operation of
 1045  the district is not administratively practicable and feasible
 1046  under the provisions of this chapter.
 1047         (4) If the requirements for dissolution or discontinuance
 1048  of a district are satisfied under subsection (1), subsection
 1049  (2), or subsection (3), the department shall publish notice of a
 1050  such proposed certification determining that the continued
 1051  operation of the district is not administratively practicable
 1052  and feasible under the provisions of this chapter. The notice of
 1053  dissolution or discontinuance shall be published once a week for
 1054  2 weeks in a newspaper of general circulation within the county
 1055  or counties in which wherein the district is located, stating
 1056  the name of the district and a general description of the
 1057  territory included in the district, and requiring that any
 1058  comments or objections to the proposed certification,
 1059  dissolution or any claims against the assets of the district,
 1060  must be filed with the department clerk not later than 60 days
 1061  after following the date of last publication.
 1062         (5)(a) Upon expiration of the 60-day period after the date
 1063  of last publication, the commissioner, upon review of any
 1064  comments or objections received under subsection (4), may issue
 1065  a certificate determining that the continued operation of the
 1066  district is not administratively practicable and feasible under
 1067  the provisions of this chapter.
 1068         (b) If the commissioner issues a certificate determining
 1069  that the continued operation of a district is not
 1070  administratively practicable and feasible under the provisions
 1071  of this chapter, the department shall file the original
 1072  certificate with the Department of State and shall provide a
 1073  copy of the certificate to the supervisors of the district at
 1074  the district’s principal office designated under s.
 1075  582.15(1)(c).
 1076         Section 39. Section 582.31, Florida Statutes, is amended to
 1077  read:
 1078         582.31 Certification of results of referendum;
 1079  dissolution.—Upon receipt from the Department of Agriculture and
 1080  Consumer Services of a certification that the department has
 1081  determined that the continued operation of the district is not
 1082  administratively practicable and feasible, pursuant to the
 1083  provisions of this chapter, the supervisors shall forthwith
 1084  proceed to terminate the affairs of the district. The
 1085  supervisors shall dispose of all property belonging to the
 1086  district at public auction and shall pay over the proceeds of
 1087  such sale to be converted into the State Treasury, which amount
 1088  shall be placed to the credit of the district department for the
 1089  purpose of liquidating any legal obligations the said district
 1090  may have at the time of its discontinuance. The supervisors
 1091  shall thereupon file an application, duly verified, with the
 1092  Department of State for the discontinuance of the such district,
 1093  and shall transmit with such application the certificate of the
 1094  Department of Agriculture and Consumer Services setting forth
 1095  the determination of the department that the continued operation
 1096  of the such district is not administratively practicable and
 1097  feasible. The application shall recite that the property of the
 1098  district has been disposed of and the proceeds paid over as in
 1099  this section provided, and shall set forth a full accounting of
 1100  such properties and proceeds of the sale. The Department of
 1101  State shall issue to the supervisors a certificate of
 1102  dissolution and shall record such certificate in an appropriate
 1103  book of record in its office.
 1104         Section 40. Subsection (1) of section 582.32, Florida
 1105  Statutes, is amended to read:
 1106         582.32 Continuance of existing contracts, etc.—
 1107         (1) Upon issuance of a certificate of dissolution, s.
 1108  189.4045(2) applies, and all land use regulations theretofore
 1109  adopted and in force within such districts shall be of no
 1110  further force and effect. All contracts theretofore entered
 1111  into, to which the district or supervisors are parties, shall
 1112  remain in force and effect for the period provided in such
 1113  contracts. The Department of Agriculture and Consumer Services
 1114  shall be substituted for the district or supervisors as party to
 1115  such contracts. The department shall be entitled to all benefits
 1116  and subject to all liabilities under such contracts and shall
 1117  have the same right and liability to perform, to require
 1118  performance, and to modify or terminate such contracts by mutual
 1119  consent or otherwise, as the supervisors of the district would
 1120  have had. Such dissolution shall not affect the lien of any
 1121  judgment entered under the provisions of this chapter, nor the
 1122  pendency of any action instituted under the provisions of this
 1123  chapter, and the department shall succeed to all the rights and
 1124  obligations of the district or supervisors as to such liens and
 1125  actions.
 1126         Section 41. Section 585.155, Florida Statutes, is repealed.
 1127         Section 42. Section 589.03, Florida Statutes, is repealed.
 1128         Section 43. Section 589.19, Florida Statutes, is amended to
 1129  read:
 1130         589.19 Creation of certain state forests; naming of certain
 1131  state forests.—
 1132         (1) When the Board of Trustees of the Internal Improvement
 1133  Trust Fund, any state agency, or any agency created by state
 1134  law, authorized to accept reforestation lands in the name of the
 1135  state, approves the recommendations of the Florida Forest
 1136  Service Division of Forestry in reference to the acquisition of
 1137  land and acquires acquire such land, the said board, state
 1138  agency, or agency created by state law, may formally designate
 1139  and dedicate any area as a reforestation project, or state
 1140  forest, and where so designated and dedicated such area shall be
 1141  under the administration of the Florida Forest Service, division
 1142  which is shall be authorized to manage and administer such said
 1143  area according to the purpose for which it was designated and
 1144  dedicated.
 1145         (2) The first state forest acquired by the Board of
 1146  Trustees of the Internal Improvement Trust Fund in Baker County
 1147  is to be named the John M. Bethea State Forest. This is to honor
 1148  Mr. John M. Bethea who was Florida’s fourth state forester and
 1149  whose distinguished career in state government spanned 46 years
 1150  and who is a native of Baker County.
 1151         (3) The state forest managed by the Florida Forest Service
 1152  Division of Forestry in Seminole County is to be named the
 1153  Charles H. Bronson State Forest to honor Charles H. Bronson, the
 1154  tenth Commissioner of Agriculture, for his distinguished
 1155  contribution to this state’s agriculture and natural resources.
 1156         (4)(a) The Florida Forest Service Division of Forestry
 1157  shall designate one or more areas of state forests as an
 1158  “Operation Outdoor Freedom a “Wounded Warrior Special Hunt Area”
 1159  to honor wounded veterans and servicemembers. The purpose of
 1160  such designated areas is to provide special outdoor recreational
 1161  opportunities for eligible veterans and servicemembers.
 1162         (b) The Florida Forest Service division shall limit guest
 1163  admittance to such designated areas to any person who:
 1164         1. Is an active duty member of any branch of the United
 1165  States Armed Forces and has a combat-related injury as
 1166  determined by his or her branch of the United States Armed
 1167  Forces; or
 1168         2. Is a veteran who served during a period of wartime
 1169  service as defined in s. 1.01(14) or peacetime service as
 1170  defined in s. 296.02 and:
 1171         a. Has a service-connected disability as determined by the
 1172  United States Department of Veterans Affairs; or
 1173         b. Was discharged or released from military service because
 1174  of a disability acquired or aggravated while serving on active
 1175  duty.
 1176         (c) The Florida Forest Service division may grant
 1177  admittance to such designated areas to a person who is not an
 1178  eligible veteran or servicemember for purposes of accompanying
 1179  an eligible veteran or servicemember who requires the person’s
 1180  assistance to use such designated areas.
 1181         (d) Funding required for specialized accommodations shall
 1182  be provided through the Friends of Florida State Forests Program
 1183  created under s. 589.012.
 1184         (e) The Florida Forest Service division may adopt rules to
 1185  administer this subsection.
 1186         Section 44. Section 589.277, Florida Statutes, is amended
 1187  to read:
 1188         589.277 Tree planting programs.—
 1189         (1) The Division of Forestry of the Florida Forest Service
 1190  Department of Agriculture and Consumer Services shall administer
 1191  federal, state, and privately sponsored tree planting programs
 1192  designed to assist private rural landowners and urban
 1193  communities.
 1194         (2) Contributions from governmental and private sources for
 1195  tree planting programs may be accepted into the Federal Grants
 1196  Trust Fund or the Incidental Trust Fund of the Florida Forest
 1197  Service.
 1198         (3) The Florida Forest Service shall Division of Forestry
 1199  is authorized and directed to develop and implement guidelines
 1200  and procedures under which the financial resources of the fund
 1201  allocated for tree planting programs may be utilized for urban
 1202  and rural reforestation.
 1203         (4) Grants to municipalities, counties, nonprofit
 1204  organizations, and qualifying private landowners may be made
 1205  from allocated moneys in the fund for the purpose of purchasing,
 1206  planting, and maintaining native tree species.
 1207         (5) The Florida Forest Service Division of Forestry shall
 1208  assist the Department of Education in developing programs that
 1209  teach the importance of trees in the urban, rural, and global
 1210  environment.
 1211         Section 45. Section 590.02, Florida Statutes, is amended to
 1212  read:
 1213         590.02 Florida Forest Service; Division powers, authority,
 1214  and duties; liability; building structures; Florida Center for
 1215  Wildfire and Forest Resources Management Training.—
 1216         (1) The Florida Forest Service division has the following
 1217  powers, authority, and duties:
 1218         (a) To enforce the provisions of this chapter;
 1219         (b) To prevent, detect, suppress, and extinguish wildfires
 1220  wherever they may occur on public or private land in this state
 1221  and to do all things necessary in the exercise of such powers,
 1222  authority, and duties;
 1223         (c) To provide firefighting crews, who shall be under the
 1224  control and direction of the Florida Forest Service division and
 1225  its designated agents;
 1226         (d) To appoint center managers, forest area supervisors,
 1227  forestry program administrators, a forest protection bureau
 1228  chief, a forest protection assistant bureau chief, a field
 1229  operations bureau chief, deputy chiefs of field operations,
 1230  district managers, forest operations administrators, senior
 1231  forest rangers, investigators, forest rangers, firefighter
 1232  rotorcraft pilots, and other employees who may, at the Florida
 1233  Forest Service’s division’s discretion, be certified as forestry
 1234  firefighters pursuant to s. 633.35(4). Other provisions of law
 1235  notwithstanding, center managers, district managers, forest
 1236  protection assistant bureau chief, and deputy chiefs of field
 1237  operations shall have Selected Exempt Service status in the
 1238  state personnel designation;
 1239         (e) To develop a training curriculum for forestry
 1240  firefighters which must contain the basic volunteer structural
 1241  fire training course approved by the Florida State Fire College
 1242  of the Division of State Fire Marshal and a minimum of 250 hours
 1243  of wildfire training;
 1244         (f) To make rules to accomplish the purposes of this
 1245  chapter;
 1246         (g) To provide fire management services and emergency
 1247  response assistance and to set and charge reasonable fees for
 1248  performance of those services. Moneys collected from such fees
 1249  shall be deposited into the Incidental Trust Fund of the Florida
 1250  Forest Service division; and
 1251         (h) To require all state, regional, and local government
 1252  agencies operating aircraft in the vicinity of an ongoing
 1253  wildfire to operate in compliance with the applicable state
 1254  Wildfire Aviation Plan.
 1255         (2) The Florida Forest Service’s Division employees, and
 1256  the firefighting crews under their control and direction, may
 1257  enter upon any lands for the purpose of preventing and
 1258  suppressing wildfires and investigating smoke complaints or open
 1259  burning not in compliance with authorization and to enforce the
 1260  provisions of this chapter.
 1261         (3) Employees of the Florida Forest Service division and of
 1262  federal, state, and local agencies, and all other persons and
 1263  entities that are under contract or agreement with the Florida
 1264  Forest Service division to assist in firefighting operations as
 1265  well as those entities, called upon by the Florida Forest
 1266  Service division to assist in firefighting may, in the
 1267  performance of their duties, set counterfires, remove fences and
 1268  other obstacles, dig trenches, cut firelines, use water from
 1269  public and private sources, and carry on all other customary
 1270  activities in the fighting of wildfires without incurring
 1271  liability to any person or entity.
 1272         (4)(a) The department may build structures, notwithstanding
 1273  chapters 216 and 255, not to exceed a cost of $50,000 per
 1274  structure from existing resources on forest lands, federal
 1275  excess property, and unneeded existing structures. These
 1276  structures must meet all applicable building codes.
 1277         (b) Notwithstanding s. 553.80(1), the department shall
 1278  exclusively enforce the Florida Building Code as it pertains to
 1279  wildfire and law enforcement facilities under the jurisdiction
 1280  of the department.
 1281         (5) The Florida Forest Service division shall organize its
 1282  operational units to most effectively prevent, detect, and
 1283  suppress wildfires, and to that end, may employ the necessary
 1284  personnel to manage its activities in each unit. The Florida
 1285  Forest Service division may construct lookout towers, roads,
 1286  bridges, firelines, and other facilities and may purchase or
 1287  fabricate tools, supplies, and equipment for firefighting. The
 1288  Florida Forest Service division may reimburse the public and
 1289  private entities that it engages to assist in the suppression of
 1290  wildfires for their personnel and equipment, including aircraft.
 1291         (6) The Florida Forest Service division shall undertake
 1292  privatization alternatives for fire prevention activities
 1293  including constructing fire lines and conducting prescribed
 1294  burns and, where appropriate, entering into agreements or
 1295  contracts with the private sector to perform such activities.
 1296         (7) The Florida Forest Service division may organize,
 1297  staff, equip, and operate the Florida Center for Wildfire and
 1298  Forest Resources Management Training. The center shall serve as
 1299  a site where fire and forest resource managers can obtain
 1300  current knowledge, techniques, skills, and theory as they relate
 1301  to their respective disciplines.
 1302         (a) The center may establish cooperative efforts involving
 1303  federal, state, and local entities; hire appropriate personnel;
 1304  and engage others by contract or agreement with or without
 1305  compensation to assist in carrying out the training and
 1306  operations of the center.
 1307         (b) The center shall provide wildfire suppression training
 1308  opportunities for rural fire departments, volunteer fire
 1309  departments, and other local fire response units.
 1310         (c) The center will focus on curriculum related to, but not
 1311  limited to, fuel reduction, an incident management system,
 1312  prescribed burning certification, multiple-use land management,
 1313  water quality, forest health, environmental education, and
 1314  wildfire suppression training for structural firefighters.
 1315         (d) The center may assess appropriate fees for food,
 1316  lodging, travel, course materials, and supplies in order to meet
 1317  its operational costs and may grant free meals, room, and
 1318  scholarships to persons and other entities in exchange for
 1319  instructional assistance.
 1320         (e) An advisory committee consisting of the following
 1321  individuals or their designees must review program curriculum,
 1322  course content, and scheduling: the director of the Florida
 1323  Forest Service Division of Forestry; the assistant director of
 1324  the Florida Forest Service Division of Forestry; the director of
 1325  the School of Forest Resources and Conservation of the
 1326  University of Florida; the director of the Division of
 1327  Recreation and Parks of the Department of Environmental
 1328  Protection; the director of the Division of the State Fire
 1329  Marshal; the director of the Florida Chapter of The Nature
 1330  Conservancy; the executive vice president of the Florida
 1331  Forestry Association; the president of the Florida Farm Bureau
 1332  Federation; the executive director of the Fish and Wildlife
 1333  Conservation Commission; the executive director of a water
 1334  management district as appointed by the Commissioner of
 1335  Agriculture; the supervisor of the National Forests in Florida;
 1336  the president of the Florida Fire Chief’s Association; and the
 1337  executive director of the Tall Timbers Research Station.
 1338         (8) The Cross City Work Center shall be named the L. Earl
 1339  Peterson Forestry Station. This is to honor Mr. L. Earl
 1340  Peterson, Florida’s sixth state forester, whose distinguished
 1341  career in state government has spanned 44 years, and who is a
 1342  native of Dixie County.
 1343         (9)(a) Notwithstanding ss. 273.055 and 287.16, the
 1344  department may retain, transfer, warehouse, bid, destroy, scrap,
 1345  or otherwise dispose of surplus equipment and vehicles that are
 1346  used for wildland firefighting.
 1347         (b) All money received from the disposition of state-owned
 1348  equipment and vehicles that are used for wildland firefighting
 1349  shall be retained by the department. Money received pursuant to
 1350  this section is appropriated for and may be disbursed for the
 1351  acquisition of exchange and surplus equipment used for wildland
 1352  firefighting, and for all necessary operating expenditures
 1353  related to such equipment, in the same fiscal year and the
 1354  fiscal year following the disposition. The department shall
 1355  maintain records of the accounts into which the money is
 1356  deposited.
 1357         (10)(a) The Florida Forest Service division has exclusive
 1358  authority to require and issue authorizations for broadcast
 1359  burning and agricultural and silvicultural pile burning. An
 1360  agency, commission, department, county, municipality, or other
 1361  political subdivision of the state may not adopt or enforce
 1362  laws, regulations, rules, or policies pertaining to broadcast
 1363  burning or agricultural and silvicultural pile burning unless an
 1364  emergency order is declared in accordance with s. 252.38(3).
 1365         (b) The Florida Forest Service division may delegate to a
 1366  county or municipality its authority, as delegated by the
 1367  Department of Environmental Protection pursuant to ss.
 1368  403.061(28) and 403.081, to require and issue authorizations for
 1369  the burning of yard trash and debris from land clearing
 1370  operations in accordance with s. 590.125(6).
 1371         Section 46. Subsection (3) of section 597.0021, Florida
 1372  Statutes, is amended to read:
 1373         597.0021 Legislative intent.—
 1374         (3) It is the intent of the Legislature that the
 1375  Aquaculture Review Council is and the Aquaculture Interagency
 1376  Coordinating Council are established to provide a means of
 1377  communication between the aquaculture industry and the
 1378  regulatory agencies.
 1379         Section 47. Paragraphs (b) and (d) of subsection (1) of
 1380  section 597.003, Florida Statutes, are amended to read:
 1381         597.003 Powers and duties of Department of Agriculture and
 1382  Consumer Services.—
 1383         (1) The department is hereby designated as the lead agency
 1384  in encouraging the development of aquaculture in the state and
 1385  shall have and exercise the following functions, powers, and
 1386  duties with regard to aquaculture:
 1387         (b) Coordinate the development, annual revision, and
 1388  implementation of a state aquaculture plan. The plan shall
 1389  include prioritized recommendations for research and development
 1390  as suggested by the Aquaculture Review Council, the Aquaculture
 1391  Interagency Coordinating Council, and public and private
 1392  institutional research, extension, and service programs.
 1393         (d) Provide staff for the Aquaculture Review Council and
 1394  the Aquaculture Interagency Coordinating Council.
 1395         Section 48. Paragraph (h) of subsection (1) of section
 1396  597.004, Florida Statutes, is amended to read:
 1397         597.004 Aquaculture certificate of registration.—
 1398         (1) CERTIFICATION.—Any person engaging in aquaculture must
 1399  be certified by the department. The applicant for a certificate
 1400  of registration shall submit the following to the department:
 1401         (h) An One-hundred dollar annual registration fee of $100.
 1402  The annual registration fee is waived for each elementary,
 1403  middle, or high school and each vocational school that
 1404  participates in the aquaculture certification program.
 1405         Section 49. Subsection (1), paragraphs (a) and (b) of
 1406  subsection (2), and paragraph (h) of subsection (3) of section
 1407  597.005, Florida Statutes, are amended to read:
 1408         597.005 Aquaculture Review Council.—
 1409         (1) COMPOSITION.—There is created within the department the
 1410  Aquaculture Review Council to consist of eight nine members as
 1411  follows: the chair of the State Agricultural Advisory Council or
 1412  designee; the chair of the Aquaculture Interagency Coordinating
 1413  Council; and seven additional members to be appointed by the
 1414  commissioner, including an alligator farmer, a food fish farmer,
 1415  a shellfish farmer, a tropical fish farmer, an aquatic plant
 1416  farmer, a representative of the commercial fishing industry, and
 1417  a representative of the aquaculture industry at large. Members
 1418  shall be appointed for 4-year terms. Each member shall be
 1419  selected from no fewer than two or more than three nominees
 1420  submitted by recognized statewide organizations representing
 1421  each industry segment or the aquaculture industry at large. In
 1422  the absence of nominees, the commissioner shall appoint persons
 1423  who otherwise meet the qualifications for appointment to the
 1424  council. Members shall serve until their successors are duly
 1425  qualified and appointed. An appointment to fill a vacancy shall
 1426  be for the unexpired portion of the term.
 1427         (2) MEETINGS; PROCEDURES; RECORDS.—
 1428         (a) The members of the council shall meet at least
 1429  quarterly; shall elect a chair, a vice chair, and a secretary,
 1430  and an industry representative to the Aquaculture Interagency
 1431  Coordinating Council; and shall use accepted rules of procedure.
 1432  The terms of such officers shall be for 1 year.
 1433         (b) The council shall meet at the call of its chair, at the
 1434  request of a majority of its membership, at the request of the
 1435  department, or at such times as may be prescribed by its rules
 1436  of procedure. However, the council shall hold a joint annual
 1437  meeting with the Aquaculture Interagency Coordinating Council.
 1438         (3) RESPONSIBILITIES.—The primary responsibilities of the
 1439  Aquaculture Review Council are to:
 1440         (h) For any problem that cannot be solved through simple
 1441  cooperation or negotiation, provide an issue analysis to the
 1442  Aquaculture Interagency Coordinating Council and to the chairs
 1443  of the legislative agriculture appropriations committees. The
 1444  analysis shall include, but not be limited to, specific facts
 1445  and industry hardships, regulatory provisions, questions
 1446  relative to the issue, and suggestions for solving the problem.
 1447         Section 50. Section 597.006, Florida Statutes, is repealed.
 1448         Section 51. Subsection (12) is added to section 604.21,
 1449  Florida Statutes, to read:
 1450         604.21 Complaint; investigation; hearing.—
 1451         (12) Notwithstanding any other law to the contrary, the
 1452  Commissioner of Agriculture or the commissioner’s authorized
 1453  designee may act as trustee on any bond or other form of
 1454  security posted with the United States Department of Agriculture
 1455  in compliance with the Packers and Stockyards Act. The
 1456  Commissioner of Agriculture may enter into agreements with the
 1457  United States Department of Agriculture as necessary to
 1458  implement the Packers and Stockyards Act.
 1459         Section 52. Subsection (3) of section 616.252, Florida
 1460  Statutes, is amended to read:
 1461         616.252 Florida State Fair Authority; membership; number,
 1462  terms, compensation.—
 1463         (3) Members of the authority are not entitled to
 1464  compensation for their services as members but shall be
 1465  reimbursed by the authority for per diem and travel expenses as
 1466  provided in s. 112.061 and may not be reimbursed for travel
 1467  expenses. Except for the nonvoting youth member, each member may
 1468  be compensated for any special or full-time service performed in
 1469  the authority’s behalf as officers or agents of the authority.
 1470         Section 53. This act shall take effect July 1, 2012.

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