Bill Text: FL S1254 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Slight Partisan Bill (? 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-Introduced.html
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-Introduced.html
Florida Senate - 2012 SB 1254 By Senator Siplin 19-01595-12 20121254__ 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. 570.07, F.S.; authorizing the department 42 to accept and distribute funds to individuals under 43 certain circumstances; amending s. 570.0705, F.S.; 44 prohibiting members of certain advisory bodies from 45 receiving per diem or travel expenses except under 46 certain circumstances; deleting a provision that 47 prohibits members from receiving compensation for 48 their services; repealing s. 570.071, F.S., relating 49 to the Florida Agricultural Exposition and the receipt 50 and expenditure of funds for the exposition; amending 51 s. 570.074, F.S.; renaming and revising the policy 52 jurisdiction of the department’s Office of Energy and 53 Water; amending s. 570.18, F.S.; conforming cross 54 references; repealing s. 570.29, F.S., relating to 55 divisions of the Department of Agriculture and 56 Consumer Services; repealing s. 570.34, F.S., relating 57 to the Plant Industry Technical Council; creating s. 58 570.451, F.S.; creating the Agricultural Feed, Seed, 59 and Fertilizer Advisory Council; providing for the 60 council’s powers and duties and the appointment of 61 council members; amending ss. 570.53 and 570.54, F.S.; 62 conforming cross-references; amending s. 573.112, 63 F.S.; providing that members of the Citrus Research 64 and Development Foundation’s board of directors are 65 entitled to reimbursement for per diem and travel 66 expenses; amending s. 573.118, F.S.; revising 67 requirements for the accounting and review of 68 collections and expenditures from agricultural 69 commodity marketing order assessments; deleting 70 requirements for the audit of such accounts; amending 71 s. 576.045, F.S.; revising the expiration dates of 72 certain provisions regulating fertilizers containing 73 nitrogen or phosphorous; amending s. 576.071, F.S.; 74 deleting a reference to the Fertilizer Technical 75 Council to conform to the repeal by the act of 76 provisions creating the council; repealing ss. 576.091 77 and 578.30, F.S., relating to the Fertilizer Technical 78 Council and Seed Technical Council; amending s. 79 580.041, F.S.; revising the reporting requirements and 80 penalties for violations by distributors of commercial 81 feed; amending s. 580.131, F.S.; revising requirements 82 for the assessment of penalties and enforcement of 83 violations by manufacturers and distributors of 84 commercial feed or feedstuff; authorizing the 85 department to assess penalties; requiring registered 86 distributors of commercial feed to pay such penalties 87 to consumers within a specified period; imposing 88 additional penalties for nonpayment; providing for the 89 deposit and use of certain funds paid to the 90 department; repealing s. 580.151, F.S., relating to 91 the Commercial Feed Technical Council; amending s. 92 581.011, F.S.; conforming provisions; amending s. 93 581.145, F.S.; revising requirements for the issuance 94 of permits to aquaculture producers for the transport 95 and sale of water hyacinths to other states and 96 countries; amending s. 582.06, F.S.; revising 97 requirements for the composition and appointment of 98 members of the Soil and Water Conservation Council and 99 the reimbursement of members for per diem and travel 100 expenses; amending ss. 582.20 and 582.29, F.S.; 101 revising the geographic jurisdiction of soil and water 102 conservation districts to include certain territory 103 outside of the districts’ boundaries; amending s. 104 582.30, F.S.; revising requirements and procedures for 105 the dissolution or discontinuance of soil and water 106 conservation districts; revising notice requirements 107 for such proposed dissolution or discontinuance; 108 amending s. 582.31, F.S.; revising requirements for 109 payment of the proceeds from the sale of property of a 110 dissolving soil and water conservation district to the 111 State Treasury; repealing s. 585.155, F.S., relating 112 to the inspection and vaccination of cattle for 113 brucellosis; repealing s. 589.03, F.S., relating to 114 the compensation and reimbursement for per diem and 115 travel expenses of members of the Florida Forestry 116 Council; amending s. 589.19, F.S.; renaming the 117 “Wounded Warrior Special Hunt Areas” of the state 118 forests; conforming obsolete references to the former 119 Division of Forestry; amending s. 589.277, F.S.; 120 revising requirements for the deposit of contributions 121 for tree planting programs; conforming obsolete 122 references to the former Division of Forestry; 123 amending s. 590.02, F.S.; specifying that state and 124 local government agencies other than the Florida 125 Forest Service may not enforce regulations of 126 broadcast burning or agricultural and silvicultural 127 pile burning except under certain circumstances; 128 conforming obsolete references to the former Division 129 of Forestry; amending ss. 597.0021 and 597.003, F.S.; 130 deleting references to the Aquaculture Interagency 131 Coordinating Council to conform to the repeal by the 132 act of provisions creating the council; amending s. 133 597.004, F.S.; authorizing the waiver of aquaculture 134 registration fees for certain schools; amending s. 135 597.005, F.S.; revising the composition of the 136 Aquaculture Review Council to conform to the repeal by 137 the act of provisions creating the Aquaculture 138 Interagency Coordinating Council; revising the 139 legislative committees to whom the Aquaculture Review 140 Council must provide analyses of unresolved industry 141 issues; repealing s. 597.006, F.S., relating to the 142 Aquaculture Interagency Coordinating Council; amending 143 s. 616.252, F.S.; providing for the reimbursement of 144 members of the Florida State Fair Authority for per 145 diem and travel expenses; providing an effective date. 146 147 Be It Enacted by the Legislature of the State of Florida: 148 149 Section 1. Paragraph (m) is added to subsection (2) of 150 section 20.14, Florida Statutes, to read: 151 20.14 Department of Agriculture and Consumer Services. 152 There is created a Department of Agriculture and Consumer 153 Services. 154 (2) The following divisions of the Department of 155 Agriculture and Consumer Services are established: 156 (m) Food, Nutrition, and Wellness. 157 Section 2. Subsection (1) of section 253.002, Florida 158 Statutes, is amended to read: 159 253.002 Department of Environmental Protection, water 160 management districts, Fish and Wildlife Conservation Commission, 161 and Department of Agriculture and Consumer Services; duties with 162 respect to state lands.— 163 (1) The Department of Environmental Protection shall 164 perform all staff duties and functions related to the 165 acquisition, administration, and disposition of state lands, 166 title to which is or will be vested in the Board of Trustees of 167 the Internal Improvement Trust Fund. However, upon the effective 168 date of rules adopted pursuant to s. 373.427, a water management 169 district created under s. 373.069 shall perform the staff duties 170 and functions related to the review of any application for 171 authorization to use board of trustees-owned submerged lands 172 necessary for an activity regulated under part IV of chapter 373 173 for which the water management district has permitting 174 responsibility as set forth in an operating agreement adopted 175 pursuant to s. 373.046(4).; andThe Department of Agriculture 176 and Consumer Services shall perform the staff duties and 177 functions related to the review of applications and compliance 178 with conditions for use of board of trustees-owned submerged 179 lands under authorizations or leases issued pursuant to ss. 180 253.67-253.75 and 597.010 and the acquisition, administration, 181 and disposition of conservation easements pursuant to s. 570.71. 182 Unless expressly prohibited by law, the board of trustees may 183 delegate to the department any statutory duty or obligation 184 relating to the acquisition, administration, or disposition of 185 lands, title to which is or will be vested in the board of 186 trustees. The board of trustees may also delegate to any water 187 management district created under s. 373.069 the authority to 188 take final agency action, without any action on behalf of the 189 board, on applications for authorization to use board of 190 trustees-owned submerged lands for any activity regulated under 191 part IV of chapter 373 for which the water management district 192 has permitting responsibility as set forth in an operating 193 agreement adopted pursuant to s. 373.046(4). This water 194 management district responsibility under this subsection shall 195 be subject to the department’s general supervisory authority 196 pursuant to s. 373.026(7). The board of trustees may also 197 delegate to the Department of Agriculture and Consumer Services 198 the authority to take final agency action on behalf of the board 199 on applications to use board of trustees-owned submerged lands 200 for any activity for which that department has responsibility 201 pursuant to ss. 253.67-253.75, 369.25, 369.251, and 597.010. 202 However, the board of trustees shall retain the authority to 203 take final agency action on establishing any areas for leasing, 204 new leases, expanding existing lease areas, or changing the type 205 of lease activity in existing leases. Upon issuance of an 206 aquaculture lease or other real property transaction relating to 207 aquaculture, the Department of Agriculture and Consumer Services 208 must send a copy of the document and the accompanying survey to 209 the Department of Environmental Protection. The board of 210 trustees may also delegate to the Fish and Wildlife Conservation 211 Commission the authority to take final agency action, without 212 any action on behalf of the board, on applications for 213 authorization to use board of trustees-owned submerged lands for 214 any activity regulated under ss. 369.20 and 369.22. 215 Section 3. Paragraph (a) of subsection (5) and paragraph 216 (b) of subsection (6) of section 379.2523, Florida Statutes, are 217 amended to read: 218 379.2523 Aquaculture definitions; marine aquaculture 219 products, producers, and facilities.— 220 (5) The department shall: 221 (a) Coordinate with the Aquaculture Review Council, the222Aquaculture Interagency Coordinating Council,and the Department 223 of Agriculture and Consumer Services when developing criteria 224 for aquaculture general permits. 225 (6) The Fish and Wildlife Conservation Commission shall 226 encourage the development of aquaculture in the state through 227 the following: 228 (b) Facilitating aquaculture research on life histories, 229 stock enhancement, and alternative species, and providing 230 research results that would assist in the evaluation, 231 development, and commercial production of candidate species for 232 aquaculture, including: 233 1. Providing eggs, larvae, fry, and fingerlings to 234 aquaculturists when excess cultured stocks are available from 235 the commission’s facilities and the culture activities are 236 consistent with the commission’s stock enhancement projects. 237 Such stocks may be obtained by reimbursing the commission for 238 the cost of production on a per-unit basis. Revenues resulting 239 from the sale of stocks shall be deposited into the trust fund 240 used to support the production of such stocks. 241 2. Conducting research programs to evaluate candidate 242 species when funding and staff are available. 243 3. Encouraging the private production of marine fish and 244 shellfish stocks for the purpose of providing such stocks for 245 statewide stock enhancement programs. When such stocks become 246 available, the commission shall reduce or eliminate duplicative 247 production practices that would result in direct competition 248 with private commercial producers. 249 4. Developing a working group, in cooperation with the 250 Department of Agriculture and Consumer Services and,the 251 Aquaculture Review Council,and the Aquaculture Interagency252Coordinating Council,to plan and facilitate the development of 253 private marine fish and nonfish hatcheries and to encourage 254 private/public partnerships to promote the production of marine 255 aquaculture products. 256 Section 4. Paragraph (c) of subsection (3) of section 257 379.2524, Florida Statutes, is amended to read: 258 379.2524 Commercial production of sturgeon.— 259 (3) MEETINGS; PROCEDURES; RECORDS.—The working group shall 260 meet at least twice a year and elect, by a quorum, a chair and 261 vice chair. 262 (c) A quorum shall consist of a majority of the group 263 members.Members of the group shall not receive compensation,264but shall be entitled to per diem and travel expenses, including265attendance at meetings, as allowed public officers and employees266pursuant to s.112.061.267 Section 5. Subsection (1) of section 388.161, Florida 268 Statutes, is amended to read: 269 388.161 District boards of commissioners; powers and 270 duties.— 271 (1) The board of commissioners may do any and all things 272 necessary for the control and elimination of all species of 273 mosquitoes and other arthropods of public health importance and 274 the board of commissioners is specifically authorized to provide 275 for the construction and maintenance of canals, ditches, drains, 276 dikes, fills, and other necessary works and to install and 277 maintain pumps, excavators, and other machinery and equipment, 278 to use pesticides registeredoil, larvicide paris green, or any279other chemicals approvedby the department but only in such 280 quantities as may be necessary to control mosquito breeding and 281 not be detrimental to fish life. 282 Section 6. Subsection (4) of section 388.201, Florida 283 Statutes, is amended to read: 284 388.201 District budgets; hearing.— 285 (4) The governing board: 286 (a) Shall considergive consideration toobjections filed 287 against adoption of the tentative detailed work plan budget and 288 in its discretion may amend, modify, or change such budget; and 289 (b) Shall by September 3015 followingadopt and execute on 290 a form furnished by the department a certified budget for the 291 district which shall be the operating and fiscal guide for the 292 district. Certified copies of this budget shall be submitted by 293 September 3015to the department for approval. 294 Section 7. Subsections (1) and (2) of section 388.323, 295 Florida Statutes, are amended to read: 296 388.323 Disposal of surplus property.—Surplus property 297 shall be disposed of according to the provisions set forth in s. 298 274.05 with the following exceptions: 299 (1) Serviceable equipment no longer needed by a county or 300 district shall first be offered to any or all other counties or 301 districts engaged in arthropod control at a price established by 302 the board of commissioners owning the equipment.If no303acceptable offer is received within a reasonable time, the304equipment shall be offered to such other governmental units or305private nonprofit agencies as provided in s.274.05.306 (2) The alternative procedure for disposal of surplus 307 property, as prescribed in s. 274.06, shall be followed if it is 308has beendetermined that no other county or,district engaged in 309 arthropod control, governmental unit, or private nonprofit310agencyhas need for the equipment. 311 Section 8. Section 388.42, Florida Statutes, is repealed. 312 Section 9. Subsection (2) of section 388.46, Florida 313 Statutes, is amended to read: 314 388.46 Florida Coordinating Council on Mosquito Control; 315 establishment; membership; organization; responsibilities.— 316 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.— 317 (a) Membership.—The Florida Coordinating Council on 318 Mosquito Control shall be comprised of the following 319 representatives or their authorized designees: 320 1. The Secretary of Environmental Protection.and321 2. The State Surgeon General.;322 3.2.The executive director of the Fish and Wildlife 323 Conservation Commission.;324 4.3.The state epidemiologist.; 325 5.4.The Commissioner of Agriculture.; and326 6. The Board of Trustees of the Internal Improvement Trust 327 Fund. 328 7.5.Representatives from: 329 a. The University of Florida, Institute of Food and 330 Agricultural Sciences, Florida Medical Entomological Research 331 Laboratory.;332b. Florida Agricultural and Mechanical University;333 b.c.The United States Environmental Protection Agency.;334 c.d.The United States Department of Agriculture, Insects 335 Affecting Man Laboratory.;336 d.e.The United States Fish and Wildlife Service.;337 8.f.Two mosquito control directors to be nominated by the 338 Florida Mosquito Control Association, two representatives of 339 Florida environmental groups, and two private citizens who are 340 property owners whose lands are regularly subject to mosquito 341 control operations, to be appointed to 4-year terms by the 342 Commissioner of Agriculture; and343g. The Board of Trustees of the Internal Improvement Trust344Fund. 345 (b) Organization.—The council shall be chaired by the 346 Commissioner of Agriculture or the commissioner’s authorized 347 designee. A majority of the membership of the council shall 348 constitute a quorum for the conduct of business. The chair shall 349 be responsible for recording and distributing to the members a 350 summary of the proceedings of all council meetings. The council 351 shall meet at least three times each year, or as needed. The 352 council may designate subcommittees from time to time to assist 353 in carrying out its responsibilities, provided that the 354 Subcommittee on Managed Marshes shall be the first subcommittee 355 appointed by the council. The subcommittee shall continue to 356 provide technical assistance and guidance on saltmarshmosquito357impoundmentmanagement plans anddevelop and reviewresearch 358 proposals, taking into account the mosquito control source 359 reduction implications and natural resource interests in these 360 habitatsfor mosquito source reduction techniques. 361 (c) Responsibilities.—The council shall: 362 1. Develop and implement guidelines to assist the 363 department in resolving disputes arising over the control of 364 arthropods on publicly owned lands. 3652. Identify and recommend to Florida Agricultural and366Mechanical University research priorities for arthropod control367practices and technologies.368 2.3.Develop and recommend to the department a request for 369 proposal process for arthropod control research. 370 3.4.Identify potential funding sources for research or 371 implementation projects and evaluate and prioritize proposals 372 upon request by the funding source. 373 4.5.Prepare and present reports, as needed, on arthropod 374 control activities in the state to the Pesticide Review Council,375the Florida Coastal Management Program Interagency Management376Committee,and other governmental organizations, as appropriate. 377 Section 10. Subsections (7) and (8) of section 493.6104, 378 Florida Statutes, are renumbered as subsections (6) and (7), 379 respectively, and present subsection (6) of that section is 380 amended to read: 381 493.6104 Advisory council.— 382(6) Council members shall serve without pay; however, state383per diem and travel allowances may be claimed for attendance at384officially called meetings as provided by s.112.061.385 Section 11. Subsection (3) of section 500.09, Florida 386 Statutes, is amended to read: 387 500.09 Rulemaking; analytical work.— 388 (3) The department may adopt rules necessary for the 389 efficient enforcement of this chapter. Such rules must be 390 consistent with those adopted under the federal act in regard to 391 food and, to this end, may adopt by reference those rules and 392 the current edition of the model Food Code issued by the Food 393 and Drug Administration and Public Health Service of the United 394 States Department of Health and Human Services, when applicable 395 and practicable. 396 Section 12. Subsection (6) of section 500.147, Florida 397 Statutes, is amended to read: 398 500.147 Inspection of food establishments and vehicles;399food safety pilot program.— 400(6) The department is authorized to initiate a food safety401pilot program establishing a special, documented food inspection402program based on sound science principles of the Hazard Analysis403Critical Control Point (HACCP) system and involving cooperative404compliance efforts of both the department and the food405establishment to assure consumers a safe, wholesome, and406properly labeled food supply. A food establishment shall be407eligible for such a pilot program only if program criteria are408met. Criteria used to establish this special program include,409but are not limited to, the following:410(a) A good inspection history over a specified time period.411(b) Certified food manager activities demonstrated to be412effective in assessing food safety practices and correcting413deficiencies at the food establishment.414(c) An active food training program in place for employees.415(d) “Self inspection” records of the food establishment416made available for review by the department.417(e) Written sanitation standard operation procedures in418place and the food establishment’s verification records made419available for review by the department.420(f) Freezer/refrigeration units and hot-cold temperature421logs or recording charts made available for review by the422department.423(g) Records of corrective action to resolve food safety424deficiencies made available for review by the department.425 Section 13. Subsections (4) through (7) of section 502.014, 426 Florida Statutes, are renumbered as subsections (3) through (6), 427 respectively, and present subsection (3) of that section is 428 amended to read: 429 502.014 Powers and duties.— 430(3) The department shall manage a program to issue permits431to persons who test milk or milk products for milkfat content by432weight, volume, chemical, electronic, or other means when the433result of such test is used as a basis for payment for the milk434or milk products.435 Section 14. Subsections (1) and (2) and paragraphs (a) and 436 (e) of subsection (3) of section 502.053, Florida Statutes, are 437 amended to read: 438 502.053 Permits andlicenses;fees; requirements; 439 exemptions; temporary permits.— 440 (1) PERMITSAND LICENSES.— 441 (a) Each Grade “A” milk plant, whether located in the state 442 or outside the state, and each manufacturing milk plant, milk 443 producer, milk hauler, milk hauling service, washing station 444 operator, milk plant operator, milk distributor, single-service 445 container manufacturer, receiving station, and transfer station 446 in the state shall apply to the department for a permit to 447 operate. The application shall be on forms developed by the 448 department. 449 (b) Each frozen dessert plant, whether located in the state 450 or outside the state, that manufactures frozen desserts or other 451 products defined in this chapter and offers these products for 452 sale in this state must apply to the department for a permit to 453 operate. The application must be submitted on forms prescribed 454 by the department. All frozen dessert permits expire on June 30 455 of each year. 456(c) Any person who tests milk or milk products for milkfat457content by weight, volume, chemical, electronic, or other method458when the result of such test is used as a basis for payment for459the milk or milk products must apply to the department for a460license. To qualify for a license, the applicant must461demonstrate a sufficiency of knowledge, ability, and equipment462to adequately perform milkfat tests. The license shall be issued463for a period of 2 years after the date of first issuance upon464application to the department on forms prescribed by the465department.466 (c)(d)Permitsand licensesare nontransferable between 467 persons or locations and are subject to suspension or revocation 468 as provided in this chapter. 469 (2) FEES.— 470(a)The initial application for a frozen dessert plant 471 permit must be accompanied by a permit fee of $200. The annual 472 permit renewal fee is $100. 473(b) The department shall charge each applicant for a474milkfat tester’s license a fee not to exceed $125.475 (3) REQUIREMENTS.— 476 (a) To obtain afrozen dessert plantpermitor milkfat477tester’s license, an applicant must satisfy all requirements 478 that are defined by the department in rule and must agree to 479 comply with the applicable provisions of this chapter and rules 480 adopted under this chapter. The department shall mail a copy of 481 the permitor licenseto the applicant to signify that 482 administrative requirements have been met. 483(e) Each licensed milkfat tester shall keep records of484milkfat tests conducted by him or her for a period of 1 year,485and such records must be available for inspection by the486department at all reasonable hours.487 Section 15. Subsection (42) of section 570.07, Florida 488 Statutes, is renumbered as subsection (43), and a new subsection 489 (42) is added to that section to read: 490 570.07 Department of Agriculture and Consumer Services; 491 functions, powers, and duties.—The department shall have and 492 exercise the following functions, powers, and duties: 493 (42) To accept grants or other funds to distribute to 494 individuals when such funds are provided pursuant to an 495 agreement. 496 Section 16. Subsection (9) of section 570.0705, Florida 497 Statutes, is amended to read: 498 570.0705 Advisory committees.—From time to time the 499 commissioner may appoint any advisory committee to assist the 500 department with its duties and responsibilities. 501 (9) Notwithstanding s. 20.052(4)(d), members of each 502 advisory committee, council, board, working group, task force, 503 or other advisory body created by law within the department or 504 created by the department under this section may not be 505 reimbursed for per diem or travel expenses as provided in s. 506 112.061shall receive no compensation for their services. 507 Section 17. Section 570.071, Florida Statutes, is repealed. 508 Section 18. Section 570.074, Florida Statutes, is amended 509 to read: 510 570.074 Department of Agriculture and Consumer Services; 511energy andwater policy.—The commissioner may create an Office 512 of AgriculturalEnergy andWater Policy under the supervision of 513 a senior manager exempt under s. 110.205 in the Senior 514 Management Service. The commissioner may designate the bureaus 515 and positions in the various organizational divisions of the 516 department that report to this office relating to any matter 517 over which the department has jurisdiction in matters relating 518 toenergy andwater policy affecting agriculture, application of 519 such policies, and coordination of such matters with state and 520 federal agencies. 521 Section 19. Section 570.18, Florida Statutes, is amended to 522 read: 523 570.18 Organization of departmental work.—In the assignment 524 of functions to the divisions of the department created in s. 525 20.14570.29, the department shall retain within the Division of 526 Administration, in addition to executive functions, those powers 527 and duties enumerated in s. 570.30. The department shall 528 organize the work of the other divisions in such a way as to 529 secure maximum efficiency in the conduct of the department. The 530 divisions created in s. 20.14570.29are solely to make possible 531 the definite placing of responsibility. The department shall be 532 conducted as a unit in which every employee, including each 533 division director, is assigned a definite workload, and there 534 shall exist between division directors a spirit of cooperative 535 effort to accomplish the work of the department. 536 Section 20. Section 570.29, Florida Statutes, is repealed. 537 Section 21. Section 570.34, Florida Statutes, is repealed. 538 Section 22. Section 570.451, Florida Statutes, is created 539 to read: 540 570.451 Agricultural Feed, Seed, and Fertilizer Advisory 541 Council.— 542 (1) The Agricultural Feed, Seed, and Fertilizer Advisory 543 Council is created within the department. 544 (2) The council is composed of the following 15 members 545 appointed by the commissioner: 546 (a) One representative of the department. 547 (b) One representative of the dean for extension of the 548 Institute of Food and Agricultural Sciences at the University of 549 Florida. 550 (c) One representative each from the state’s beef cattle, 551 poultry, aquaculture, field crops, citrus, vegetable, and dairy 552 production industries. 553 (d) Two representatives each from the state’s fertilizer, 554 seed, and commercial feed industries. 555 556 Each member shall be appointed for a term of not to exceed 4 557 years and shall serve until his or her successor is appointed. 558 (3)(a) A majority of the council members constitutes a 559 quorum for all purposes, and an act by a majority of such quorum 560 at any meeting constitutes an official act of the council. The 561 secretary shall keep a complete record of each meeting, which 562 must show the names of members present and the actions taken. 563 Such records must be kept on file with the department. 564 (b) Members of the council shall meet and organize by 565 electing a chair, a vice chair, and a secretary whose terms 566 shall be for 2 years each. Council officers may not serve 567 consecutive terms. 568 (c) The council shall meet at the call of its chair, at the 569 request of a majority of its members, at the request of the 570 department, or at such time as an agricultural or environmental 571 emergency arises, but not less than twice per year. 572 (d) The meetings, powers and duties, procedures, and 573 recordkeeping of the council shall be in accordance with the 574 provisions of s. 570.0705 relating to advisory committees 575 established within the department. 576 (4) The council shall: 577 (a) Receive reports of relevant enforcement activity 578 conducted by the Division of Agricultural Environmental 579 Services, including the number of inspections, the number of 580 administrative actions, the number of complaints received and 581 investigated, and the dispositions of complaints. 582 (b) Provide advice to the department on the conduct of 583 relevant enforcement activities. 584 (c) Receive reports on disciplinary actions. 585 (d) Make recommendations to the commissioner for actions to 586 be taken with respect to the regulation of agricultural feed, 587 seed, and fertilizer. 588 Section 23. Paragraph (e) of subsection (6) of section 589 570.53, Florida Statutes, is amended to read: 590 570.53 Division of Marketing and Development; powers and 591 duties.—The powers and duties of the Division of Marketing and 592 Development include, but are not limited to: 593 (6) 594 (e) Extending in every practicable way the distribution and 595 sale of Florida agricultural products throughout the markets of 596 the world as required of the department by s.ss.570.07(7), 597 (8), (10), and (11)and570.071and chapters 571, 573, and 574. 598 Section 24. Subsection (2) of section 570.54, Florida 599 Statutes, is amended to read: 600 570.54 Director; duties.— 601 (2) It shall be the duty of the director of this division 602 to supervise, direct, and coordinate the activities authorized 603 by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and 604 (20),570.071,570.21, 534.47-534.53, and 604.15-604.34 and 605 chapters 504, 571, 573, and 574 and to exercise other powers and 606 authority as authorized by the department. 607 Section 25. Subsection (7) of section 573.112, Florida 608 Statutes, is amended to read: 609 573.112 Advisory council.— 610 (7) Notwithstanding any provision of this section, the 611 Citrus Research and Development Foundation, Inc., a direct 612 support organization of the University of Florida established 613 pursuant to s. 1004.28, shall serve as the advisory council for 614 a citrus research marketing order, provide the department with 615 advice on administering the order, and, in accordance with the 616 order, conduct citrus research and perform other duties assigned 617 by the department. Notwithstanding s. 1004.28(3) or any 618 provision of this section, the foundation’s board of directors 619 shall be composed of 13 members, including 10 citrus growers, 2 620 representatives of the university’s Institute of Food and 621 Agricultural Sciences, and 1 member appointed by the 622 Commissioner of Agriculture, who are each entitled to 623 reimbursement from the foundation for per diem and travel 624 expenses as provided in s. 112.061. 625 Section 26. Subsection (4) of section 573.118, Florida 626 Statutes, is amended to read: 627 573.118 Assessment; funds; review of accountsaudit; 628 loans.— 629 (4) In the event of levying and collecting of assessments, 630 for each fiscal year in which assessment funds are received by 631 the department, the department shall maintain records of 632 collections and expenditures for each marketing order separately 633 within the state’s accounting system. If requested by an 634 advisory council, department staff shall cause to be made a 635 thorough reviewannual auditof thebooks andaccountsby a636certified public accountant, such reviewauditto be completed 637 within 60 days after the request is receivedend of the fiscal638year. The department and all producers and handlers covered by 639 the marketing order shall be properly advised of the details of 640 the reviewannual official auditof the accountaccounts as641shown by the certified public accountantwithin 30 days afterof642 the reviewaudit. 643 Section 27. Subsection (8) of section 576.045, Florida 644 Statutes, is amended to read: 645 576.045 Nitrogen and phosphorus; findings and intent; fees; 646 purpose; best management practices; waiver of liability; 647 compliance; rules; exclusions; expiration.— 648 (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3), 649 (4), and (6) expire on December 31, 20222012. Subsections (5) 650 and (7) expire on December 31, 20272017. 651 Section 28. Section 576.071, Florida Statutes, is amended 652 to read: 653 576.071 Commercial value.—The commercial value used in 654 assessing penalties for any deficiency shall be determined by 655 using annualized plant nutrient values contained in one or more 656 generally recognized journalsrecommended by the Fertilizer657Technical Council. 658 Section 29. Section 576.091, Florida Statutes, is repealed. 659 Section 30. Section 578.30, Florida Statutes, is repealed. 660 Section 31. Paragraph (c) of subsection (1) and subsection 661 (3) of section 580.041, Florida Statutes, are amended to read: 662 580.041 Master registration; fee; refusal or cancellation 663 of registration; reporting.— 664 (1) 665 (c) Registration shall be conditioned on the distributor’s 666 compliance with all provisions of this chapter and rules adopted 667 under this chapterthereof, including: 668 1. Submitting samples of manufactured feed for testing by 669 laboratories that have been certified by the department or 670 obtaining an exemption from the certified laboratory testing 671 requirement, as provided by this chapter and rules thereof. 672 2. Maintaining a bookkeeping system and records necessary 673 to indicate accurately the type and tonnage of commercial feeds 674 sold in this statethat will allow the department to verify the675accuracy of the reported tonnage. 676 3. Reporting within 30 days after the end of each quarter, 677 in the format prescribed by the department, the number of tons 678 of feed distributed in the state during each of the following 679 reporting periods: July through September, October through 680 December, January through March, and April through June. 681 4.3.Allowing the department to verify the accuracy of 682 reported type and tonnage and to otherwise examine pertinent 683 records at reasonable times. 684 (3) The department may refuse, suspend, or cancel the 685 master registration of, or impose one or more of the penalties 686 provided in s. 580.121, against any distributor or registrant 687 who violates or fails to comply with the provisions of this 688 chapter. 689 Section 32. Section 580.131, Florida Statutes, is amended 690 to read: 691 580.131 Penalty payable to consumer.— 692 (1) Any consumer who purchases without notice a commercial 693 feed or feedstuff that ishas beendistributed in violation of 694 this chapter or rules adopted under this chapter shall, in any 695 legal or administrative action that may be instituted, recover 696 penalties as follows: 697 (a)(1)If a certified laboratory analysis shows that any 698 feed bearing a guarantee of 20 percent protein,or less,falls 699 more than 1 percent protein below the guarantee, or if the 700 analysis shows that any feed bearing a guarantee of more than 20 701 percent protein falls more than 2 percent protein below the 702 guarantee, $4 per ton for each percent protein deficiency shall 703 be assessed against the manufacturer or distributor. 704 (b)(2)If a certified laboratory analysis shows that any 705 feed is deficient in fat by more than 0.5five-tenthspercent 706 fat, $4 per ton for each percent fat deficiency shall be 707 assessed against the manufacturer or distributor. 708 (c)(3)If a certified laboratory analysis shows that any 709 feed bearing a maximum guarantee of not more than 20 percent 710 fiber exceeds this guarantee by more than 1 percent fiber, or if 711 the analysis shows that any feed bearing a maximum guarantee of 712 more than 20 percent fiber exceeds this guarantee by more than 2 713 percent fiber, $4 per ton for each percent fiber excess shall be 714 assessed against the manufacturer or distributor. 715 (d)(4)If a certified laboratory analysis shows that any 716 commercial feed is deficient or excessive in the required drug, 717 mineral, or nutritive guarantees other than protein, fat, or 718 fiber, a penalty of $4 per ton shall be assessed against the 719 manufacturer or distributor for each deficiency or excessive 720 level found. 721 (e)(5)If a certified laboratory analysis shows that any 722 commercial feed or feedstuff is found to be adulterated as 723 provided in s. 580.071, a penalty of $4 per ton shall be 724 assessed against the manufacturer or distributor for each 725 violation found. 726 (f)(6)If any feed is found by the department to be short 727 in weight, 4 times the invoice value of the actual shortage 728 shall be assessed against the manufacturer or distributor, but 729 in no instance shall the penalty be less than $25. The 730 department by rule may establish variations for short weight. 731 (g)(7)In no case shallAny penalty assessed underas732specified inthis sectionbe less than $10, regardless of the 733 monetary value of the violation, must be at least $10. 734 (2)(a) Within 60 days after the department notifies a 735 registrant in writing of any penalty assessed under this 736 section, the registrant shall pay the penalty to the consumer. 737 If the consumer’s identity cannot be determined, the registrant 738 shall, within the 60-day period, pay the assessed penalty to the 739 department. 740 (b) A registrant who, within the 60-day period, fails to 741 pay the full amount of the assessed penalty to the consumer or 742 the department, as applicable, in addition to the penalty 743 assessed under this section, is also subject to the penalties 744 provided in s. 580.121. 745 (c) The proceeds from any penalties paid to the department 746 under this section shall be deposited into the department’s 747 General Inspection Trust Fund and be used by the department for 748 the exclusive purpose of administering this chapter. 749 Section 33. Section 580.151, Florida Statutes, is repealed. 750 Section 34. Subsection (30) of section 581.011, Florida 751 Statutes, is amended to read: 752 581.011 Definitions.—As used in this chapter: 753(30) “Technical council” means the Plant Industry Technical754Council.755 Section 35. Subsection (3) of section 581.145, Florida 756 Statutes, is amended to read: 757 581.145 Aquatic plant nursery registration; special permit 758 requirements.— 759 (3) Notwithstanding any other provision of state or federal 760 law, the Department of Agriculture and Consumer Services shall 761 issue, by request, a permit to the aquaculture producer to 762 engage in the business of transporting and sellingexporting763 water hyacinths (Eichhornia spp.) only to other states or 764 countries that permit such transportation and saleother than765the United States and onlywhen suchwater hyacinths are766cultivated in a nursery for the sole purpose of exportation and767theaquaculture activities haveactivity hasbeen certified by 768 the Department of Agriculture and Consumer Services. In 769 accordance with any appropriate state or federal law or United 770 States treaty, anoFlorida aquaculture producer may notshall771 ship water hyacinths to other states or countriesother than the772United Statesunder such a permit for the purpose of importing 773 water hyacinths back into Floridathe United States, nor shall774drop shipments be made to any other destination within the775United States. This subsection does notprovision shall in no776wayrestrict or interfere with theDepartment of Environmental777Protection’sefforts of the Fish and Wildlife Conservation 778 Commission, or the effortsthoseof any other agency or local 779 government with responsibilities for the management of noxious 780 aquatic plants, to control or eradicate noxious nonnursery 781 aquatic plants, including water hyacinths. This subsection may 782provision shallnot be considereda considerationin the 783 approval or the release of biological control agents for water 784 hyacinths or any other noxious aquatic plants. 785 Section 36. Section 582.06, Florida Statutes, is amended to 786 read: 787 582.06 Soil and Water Conservation Council; powers and 788 duties.— 789 (1) COMPOSITION.— 790 (a) The Soil and Water Conservation Council is created in 791 the Department of Agriculture and Consumer Services and shall be 792 composed of 723membersas follows:793(a) Eleven members shall be personswho have been involved 794 in the practice of soil or water conservation, or in the 795 development or implementation of interim measures or best 796 management practices related thereto, and who have been engaged 797 in agriculture or an occupation related to the agricultural 798 industry for at least 5 years at the time of their appointment. 799(b) Twelve members shall include one representative each800from the Department of Environmental Protection, the five water801management districts, the Institute of Food and Agricultural802Sciences at the University of Florida, the United States803Department of Agriculture Natural Resources Conservation804Service, the Florida Association of Counties, and the Florida805League of Cities and two representatives of environmental806interests.807 (b)(c)All members shall be appointed by the commissioner. 808Members appointed pursuant to paragraph (b) shall be appointed809by the commissioner from recommendations provided by the810organization or interest represented.811 (c)(d)Members shall serve 4-year terms or until their 812 successors are duly qualified and appointed. If a vacancy 813 occurs, it shall be filled for the remainder of the term in the 814 manner of an initial appointment. 815 (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;816COMPENSATION.—The meetings, powers and duties, procedures, and 817 recordkeeping of the Soil and Water Conservation Council, and818per diem and reimbursement of expenses of council members,shall 819 be governed by the provisions of s. 570.0705 relating to 820 advisory committees established within the department. 821 Section 37. Section 582.20, Florida Statutes, is amended to 822 read: 823 582.20 Powers of districts and supervisors.—A soil and 824 water conservation district organized under the provisions of 825 this chapter shall constitute a governmental subdivision of this 826 state, and a public body corporate and politic, exercising 827 public powers, and such district and the supervisors thereof, 828 shall have the following powers, in addition to others granted 829 in other sections of this chapter: 830 (1) To conduct surveys, investigations, and research 831 relating to the character of soil erosion and floodwater and 832 sediment damages, to the conservation, development and 833 utilization of soil and water resources and the disposal of 834 water, and to the preventive and control measures and works of 835 improvement needed; to publish the results of such surveys, 836 investigations, or research; and to disseminate information 837 concerning such preventive and control measures and works of 838 improvement; provided, however, that in order to avoid 839 duplication of research activities, no district shall initiate 840 any research program except in cooperation with the government 841 of this state or any of its agencies, or with the United States 842 or any of its agencies.;843 (2) To conduct demonstrational projects within the 844 district’s boundaries, territory within another district’s 845 boundaries subject to the other district’s approval, or 846 territory not contained within any district’s boundaries 847districton lands owned or controlled by this state or any of 848 its agencies, with the cooperation of the agency administering 849 and having jurisdiction thereof, and on any other lands within 850 the district’s boundaries, territory within another district’s 851 boundaries subject to the other district’s approval, or 852 territory not contained within any district’s boundaries 853districtupon obtaining the consent of the owner and occupiers 854 of such lands or the necessary rights or interests in such 855 lands, in order to demonstrate by example the means, methods, 856 and measures by which soil and soil resources may be conserved, 857 and soil erosion in the form of soil blowing and soil washing 858 may be prevented and controlled, and works of improvement for 859 flood prevention or the conservation, development and 860 utilization of soil and water resources, and the disposal of 861 water may be carried out.;862 (3) To carry out preventive and control measures and works 863 of improvement for flood prevention or the conservation, 864 development and utilization of soil and water resources, and the 865 disposal of water within the district’s boundaries, territory 866 within another district’s boundaries subject to the other 867 district’s approval, or territory not contained within any 868 district’s boundariesdistrict, including, but not limited to, 869 engineering operations, methods of cultivation, the growing of 870 vegetation, changes in use of land, and the measures listed in 871 s. 582.04 on lands owned or controlled by this state or any of 872 its agencies, with the cooperation of the agency administering 873 and having jurisdiction thereof, and on any other lands within 874 the district’s boundaries, territory within another district’s 875 boundaries subject to the other district’s approval, or 876 territory not contained within any district’s boundaries 877districtupon obtaining the consent of the owner and the 878 occupiers of such lands or the necessary rights or interests in 879 such lands.;880 (4) To cooperate, or enter into agreements with, and within 881 the limits of appropriations duly made available to it by law, 882 to furnish financial or other aid to, any agency, governmental 883 or otherwise, or any owner or occupier of lands within the 884 district’s boundaries, territory within another district’s 885 boundaries subject to the other district’s approval, or 886 territory not contained within any district’s boundaries 887district, in the carrying on of erosion control or prevention 888 operations and works of improvement for flood prevention or the 889 conservation, development and utilization, of soil and water 890 resources and the disposal of water within the district’s 891 boundaries, territory within another district’s boundaries 892 subject to the other district’s approval, or territory not 893 contained within any district’s boundariesdistrict, subject to 894 such conditions as the supervisors may deem necessary to advance 895 the purposes of this chapter.;896 (5) To obtain options upon and to acquire, by purchase, 897 exchange, lease, gift, grant, bequest, devise or otherwise, any 898 property, real or personal, or rights or interests therein; to 899 maintain, administer, and improve any properties acquired, to 900 receive income from such properties and to expend such income in 901 carrying out the purposes and provisions of this chapter; and to 902 sell, lease, or otherwise dispose of any of its property or 903 interests therein in furtherance of the purposes and the 904 provisions of this chapter.;905 (6) To make available, on such terms as it shall prescribe, 906 to landowners and occupiers within the district’s boundaries, 907 territory within another district’s boundaries subject to the 908 other district’s approval, or territory not contained within any 909 district’s boundariesdistrict, agricultural and engineering 910 machinery and equipment, fertilizer, seeds and seedlings, and 911 such other material or equipment, as will assist such landowners 912 and occupiers to carry on operations upon their lands for the 913 conservation of soil resources and for the prevention or control 914 of soil erosion and for flood prevention or the conservation, 915 development and utilization, of soil and water resources and the 916 disposal of water.;917 (7) To construct, improve, operate and maintain such 918 structures as may be necessary or convenient for the performance 919 of any of the operations authorized in this chapter.;920 (8) To develop comprehensive plans for the conservation of 921 soil and water resources and for the control and prevention of 922 soil erosion and for flood prevention or the conservation, 923 development and utilization of soil and water resources, and the 924 disposal of water within the district’s boundaries, territory 925 within another district’s boundaries subject to the other 926 district’s approval, or territory not contained within any 927 district’s boundariesdistrict, which plans shall specify in 928 such detail as may be possible the acts, procedures, 929 performances, and avoidances which are necessary or desirable 930 for the effectuation of such plans, including the specification 931 of engineering operations, methods of cultivation, the growing 932 of vegetation, cropping programs, tillage practices, and changes 933 in use of land; control of artesian wells; and to publish such 934 plans and information and bring them to the attention of owners 935 and occupiers of lands within the district’s boundaries, 936 territory within another district’s boundaries subject to the 937 other district’s approval, or territory not contained within any 938 district’s boundaries.district;939 (9) To take over, by purchase, lease, or otherwise, and to 940 administer any soil-conservation, erosion-control, erosion 941 prevention project, or any project for flood-prevention or for 942 the conservation, development and utilization of soil and water 943 resources, and the disposal of water, located within the 944 district’sitsboundaries, territory within another district’s 945 boundaries subject to the other district’s approval, or 946 territory not contained within any district’s boundaries, 947 undertaken by the United States or any of its agencies, or by 948 this state or any of its agencies; to manage as agent of the 949 United States or any of its agencies, or of the state or any of 950 its agencies, any soil-conservation, erosion-control, erosion 951 prevention, or any project for flood-prevention or for the 952 conservation, development, and utilization of soil and water 953 resources, and the disposal of water within the district’sits954 boundaries, territory within another district’s boundaries 955 subject to the other district’s approval, or territory not 956 contained within any district’s boundaries; to act as agent for 957 the United States, or any of its agencies, or for the state or 958 any of its agencies, in connection with the acquisition, 959 construction, operation or administration of any soil 960 conservation, erosion-control, erosion-prevention, or any 961 project for flood-prevention or for the conservation, 962 development and utilization of soil and water resources, and the 963 disposal of water within the district’sitsboundaries, 964 territory within another district’s boundaries subject to the 965 other district’s approval, or territory not contained within any 966 district’s boundaries; to accept donations, gifts, and 967 contributions in money, services, materials, or otherwise, from 968 the United States or any of its agencies, or from this state or 969 any of its agencies, or from others, and to use or expend such 970 moneys, services, materials or other contributions in carrying 971 on its operations.;972 (10) To sue and be sued in the name of the district; to 973 have a seal, which seal shall be judicially noticed; to have 974 perpetual succession unless terminated as provided in this 975 chapter; to make and execute contracts and other instruments 976 necessary or convenient to the exercise of its powers; upon a 977 majority vote of the supervisors of the district, to borrow 978 money and to execute promissory notes and other evidences of 979 indebtedness in connection therewith, and to pledge, mortgage, 980 and assign the income of the district and its personal property 981 as security therefor, the notes and other evidences of 982 indebtedness to be general obligations only of the district and 983 in no event to constitute an indebtedness for which the faith 984 and credit of the state or any of its revenues are pledged; to 985 make, amend, and repeal rules and regulations not inconsistent 986 with this chapter to carry into effect its purposes and powers. 987 (11) As a condition to the extending of any benefits under 988 this chapter to, or the performance of work upon, any lands not 989 owned or controlled by this state or any of its agencies, the 990 supervisors may require contributions in money, services, 991 materials, or otherwise to any operations conferring such 992 benefits, and may require landowners and occupiers to enter into 993 and perform such agreements or covenants as to the permanent use 994 of such lands as will tend to prevent or control erosion and 995 prevent floodwater and sediment damages thereon.;996 (12) No provisions with respect to the acquisition, 997 operation, or disposition of property by public bodies of this 998 state shall be applicable to a district organized hereunder 999 unless the Legislature shall specifically so state. The property 1000 and property rights of every kind and nature acquired by any 1001 district organized under the provisions of this chapter shall be 1002 exempt from state, county, and other taxation. 1003 Section 38. Section 582.29, Florida Statutes, is amended to 1004 read: 1005 582.29 State agencies to cooperate.—Agencies of this state 1006 which shall have jurisdiction over, or be charged with, the 1007 administration of any state-owned lands, and of any county, or 1008 other governmental subdivision of the state, which shall have 1009 jurisdiction over, or be charged with the administration of, any 1010 county-owned or other publicly owned lands, lying within the 1011 boundaries of any district organized under this chapter, the 1012 boundaries of another district subject to that district’s 1013 approval, or territory not contained within the boundaries of 1014 any district organized under this chapter, shall cooperate to 1015 the fullest extent with the supervisors of such districts in the 1016 effectuation of programs and operations undertaken by the 1017 supervisors under the provisions of this chapter. The 1018 supervisors of such districts shall be given free access to 1019 enter and perform work upon such publicly owned lands. The 1020 provisions of land use regulations adopted shall be in all 1021 respects observed by the agencies administering such publicly 1022 owned lands. 1023 Section 39. Subsection (3) of section 582.30, Florida 1024 Statutes, is amended, and subsections (4) and (5) are added to 1025 that section, to read: 1026 582.30 Discontinuance of districts; referendum; 1027 commissioner’s authority.— 1028 (3) In the alternative,upon review and recommendation of1029the Soil and Water Conservation Council regarding the continued1030viability of a district,the Commissioner of Agriculture may 1031 dissolve or discontinue asuchdistrict if:the commissioner1032certifies that the continued operation of the district is not1033administratively practicable and feasible.1034 (a) Upon review and recommendation of the Soil and Water 1035 Conservation Council, the council determines that the continued 1036 operation of the district is not administratively practicable 1037 and feasible under the provisions of this chapter; 1038 (b) TheIf Adistrict failshas failedto comply with any 1039of theaudit orandfinancial reporting requirementrequirements1040 of chapter 189, or fails to comply with any requirement of s. 1041 582.20(1)–(9), andthe commissioner, after review and1042confirmation bythe department’s inspector general reviews and 1043 confirms in writing that the district has failed to comply with 1044 such requirement; or, may certify dissolution or discontinuance1045of such district without prior review and recommendation of the1046Soil and Water Conservation Council.1047 (c) The department receives a resolution adopted by the 1048 supervisors of the district requesting that the commissioner 1049 issue a certificate determining that the continued operation of 1050 the district is not administratively practicable and feasible 1051 under the provisions of this chapter. 1052 (4) If the requirements for dissolution or discontinuance 1053 of a district are satisfied under subsection (1), subsection 1054 (2), or subsection (3), the department shall publish notice of a 1055suchproposed certification determining that the continued 1056 operation of the district is not administratively practicable 1057 and feasible under the provisions of this chapter. The noticeof1058dissolution or discontinuanceshall be published once a week for 1059 2 weeks in a newspaper of general circulation within the county 1060 or counties in whichwhereinthe district is located, stating 1061 the name of the district and a general description of the 1062 territory included in the district, and requiring that any 1063 comments or objections to the proposed certification, 1064dissolutionor any claims against the assets of the district, 1065 must be filed with the department clerk not later than 60 days 1066 afterfollowingthe date of last publication. 1067 (5)(a) Upon expiration of the 60-day period after the date 1068 of last publication, the commissioner, upon review of any 1069 comments or objections received under subsection (4), may issue 1070 a certificate determining that the continued operation of the 1071 district is not administratively practicable and feasible under 1072 the provisions of this chapter. 1073 (b) If the commissioner issues a certificate determining 1074 that the continued operation of a district is not 1075 administratively practicable and feasible under the provisions 1076 of this chapter, the department shall file the original 1077 certificate with the Department of State and shall provide a 1078 copy of the certificate to the supervisors of the district at 1079 the district’s principal office designated under s. 1080 582.15(1)(c). 1081 Section 40. Section 582.31, Florida Statutes, is amended to 1082 read: 1083 582.31 Certification of results of referendum; 1084 dissolution.—Upon receipt from the Department of Agriculture and 1085 Consumer Services of a certification that the department has 1086 determined that the continued operation of the district is not 1087 administratively practicable and feasible, pursuant to the 1088 provisions of this chapter, the supervisors shall forthwith 1089 proceed to terminate the affairs of the district. The 1090 supervisors shall dispose of all property belonging to the 1091 district at public auction and shall pay over the proceeds of 1092 such sale to be converted into the State Treasury, which amount 1093 shall be placed to the credit of the districtdepartmentfor the 1094 purpose of liquidating any legal obligations thesaiddistrict 1095 may have at the time of its discontinuance. The supervisors 1096 shall thereupon file an application, duly verified, with the 1097 Department of State for the discontinuance of thesuchdistrict, 1098 and shall transmit with such application the certificate of the 1099 Department of Agriculture and Consumer Services setting forth 1100 the determination of the department that the continued operation 1101 of thesuchdistrict is not administratively practicable and 1102 feasible. The application shall recite that the property of the 1103 district has been disposed of and the proceeds paid over as in 1104 this section provided, and shall set forth a full accounting of 1105 such properties and proceeds of the sale. The Department of 1106 State shall issue to the supervisors a certificate of 1107 dissolution and shall record such certificate in an appropriate 1108 book of record in its office. 1109 Section 41. Section 585.155, Florida Statutes, is repealed. 1110 Section 42. Section 589.03, Florida Statutes, is repealed. 1111 Section 43. Section 589.19, Florida Statutes, is amended to 1112 read: 1113 589.19 Creation of certain state forests; naming of certain 1114 state forests.— 1115 (1) When the Board of Trustees of the Internal Improvement 1116 Trust Fund, any state agency, or any agency created by state 1117 law, authorized to accept reforestation lands in the name of the 1118 state, approves the recommendations of the Florida Forest 1119 ServiceDivision of Forestryin reference to the acquisition of 1120 land and acquiresacquiresuch land, thesaidboard, state 1121 agency, or agency created by state law,may formally designate 1122 and dedicate any area as a reforestation project, or state 1123 forest, and where so designated and dedicated such area shall be 1124 under the administration of the Florida Forest Service,division1125 which isshall beauthorized to manage and administer suchsaid1126 area according to the purpose for which it was designated and 1127 dedicated. 1128 (2) The first state forest acquired by the Board of 1129 Trustees of the Internal Improvement Trust Fund in Baker County 1130 is to be named the John M. Bethea State Forest. This is to honor 1131 Mr. John M. Bethea who was Florida’s fourth state forester and 1132 whose distinguished career in state government spanned 46 years 1133 and who is a native of Baker County. 1134 (3) The state forest managed by the Florida Forest Service 1135Division of Forestryin Seminole County is to be named the 1136 Charles H. Bronson State Forest to honor Charles H. Bronson, the 1137 tenth Commissioner of Agriculture, for his distinguished 1138 contribution to this state’s agriculture and natural resources. 1139 (4)(a) The Florida Forest ServiceDivision of Forestry1140 shall designate one or more areas of state forests as an 1141 “Operation Outdoor Freedoma “Wounded WarriorSpecial Hunt Area” 1142 to honor wounded veterans and servicemembers. The purpose of 1143 such designated areas is to provide special outdoor recreational 1144 opportunities for eligible veterans and servicemembers. 1145 (b) The Florida Forest Servicedivisionshall limit guest 1146 admittance to such designated areas to any person who: 1147 1. Is an active duty member of any branch of the United 1148 States Armed Forces and has a combat-related injury as 1149 determined by his or her branch of the United States Armed 1150 Forces; or 1151 2. Is a veteran who served during a period of wartime 1152 service as defined in s. 1.01(14) or peacetime service as 1153 defined in s. 296.02 and: 1154 a. Has a service-connected disability as determined by the 1155 United States Department of Veterans Affairs; or 1156 b. Was discharged or released from military service because 1157 of a disability acquired or aggravated while serving on active 1158 duty. 1159 (c) The Florida Forest Servicedivisionmay grant 1160 admittance to such designated areas to a person who is not an 1161 eligible veteran or servicemember for purposes of accompanying 1162 an eligible veteran or servicemember who requires the person’s 1163 assistance to use such designated areas. 1164 (d) Funding required for specialized accommodations shall 1165 be provided through the Friends of Florida State Forests Program 1166 created under s. 589.012. 1167 (e) The Florida Forest Servicedivisionmay adopt rules to 1168 administer this subsection. 1169 Section 44. Section 589.277, Florida Statutes, is amended 1170 to read: 1171 589.277 Tree planting programs.— 1172 (1) TheDivision of Forestry of theFlorida Forest Service 1173Department of Agriculture and Consumer Servicesshall administer 1174 federal, state, and privately sponsored tree planting programs 1175 designed to assist private rural landowners and urban 1176 communities. 1177 (2) Contributions from governmental and private sources for 1178 tree planting programs may be accepted into the Federal Grants 1179 Trust Fund or the Incidental Trust Fund of the Florida Forest 1180 Service. 1181 (3) The Florida Forest Service shallDivision of Forestry1182is authorized and directed todevelop and implement guidelines 1183 and procedures under which the financial resources of the fund 1184 allocated for tree planting programs may be utilized for urban 1185 and rural reforestation. 1186 (4) Grants to municipalities, counties, nonprofit 1187 organizations, and qualifying private landowners may be made 1188 from allocated moneys in the fund for the purpose of purchasing, 1189 planting, and maintaining native tree species. 1190 (5) The Florida Forest ServiceDivision of Forestryshall 1191 assist the Department of Education in developing programs that 1192 teach the importance of trees in the urban, rural, and global 1193 environment. 1194 Section 45. Section 590.02, Florida Statutes, is amended to 1195 read: 1196 590.02 Florida Forest Service;Divisionpowers, authority, 1197 and duties; liability; building structures; Florida Center for 1198 Wildfire and Forest Resources Management Training.— 1199 (1) The Florida Forest Servicedivisionhas the following 1200 powers, authority, and duties: 1201 (a) To enforce the provisions of this chapter; 1202 (b) To prevent, detect, suppress, and extinguish wildfires 1203 wherever they may occur on public or private land in this state 1204 and to do all things necessary in the exercise of such powers, 1205 authority, and duties; 1206 (c) To provide firefighting crews, who shall be under the 1207 control and direction of the Florida Forest Servicedivisionand 1208 its designated agents; 1209 (d) To appoint center managers, forest area supervisors, 1210 forestry program administrators, a forest protection bureau 1211 chief, a forest protection assistant bureau chief, a field 1212 operations bureau chief, deputy chiefs of field operations, 1213 district managers, forest operations administrators, senior 1214 forest rangers, investigators, forest rangers, firefighter 1215 rotorcraft pilots, and other employees who may, at the Florida 1216 Forest Service’sdivision’sdiscretion, be certified as forestry 1217 firefighters pursuant to s. 633.35(4). Other provisions of law 1218 notwithstanding, center managers, district managers, forest 1219 protection assistant bureau chief, and deputy chiefs of field 1220 operations shall have Selected Exempt Service status in the 1221 state personnel designation; 1222 (e) To develop a training curriculum for forestry 1223 firefighters which must contain the basic volunteer structural 1224 fire training course approved by the Florida State Fire College 1225 of the Division of State Fire Marshal and a minimum of 250 hours 1226 of wildfire training; 1227 (f) To make rules to accomplish the purposes of this 1228 chapter; 1229 (g) To provide fire management services and emergency 1230 response assistance and to set and charge reasonable fees for 1231 performance of those services. Moneys collected from such fees 1232 shall be deposited into the Incidental Trust Fund of the Florida 1233 Forest Servicedivision; and 1234 (h) To require all state, regional, and local government 1235 agencies operating aircraft in the vicinity of an ongoing 1236 wildfire to operate in compliance with the applicable state 1237 Wildfire Aviation Plan. 1238 (2) The Florida Forest Service’sDivisionemployees, and 1239 the firefighting crews under their control and direction, may 1240 enter upon any lands for the purpose of preventing and 1241 suppressing wildfires and investigating smoke complaints or open 1242 burning not in compliance with authorization and to enforce the 1243 provisions of this chapter. 1244 (3) Employees of the Florida Forest Servicedivisionand of 1245 federal, state, and local agencies, and all other persons and 1246 entities that are under contract or agreement with the Florida 1247 Forest Servicedivisionto assist in firefighting operations as 1248 well as those entities, called upon by the Florida Forest 1249 Servicedivisionto assist in firefighting may, in the 1250 performance of their duties, set counterfires, remove fences and 1251 other obstacles, dig trenches, cut firelines, use water from 1252 public and private sources, and carry on all other customary 1253 activities in the fighting of wildfires without incurring 1254 liability to any person or entity. 1255 (4)(a) The department may build structures, notwithstanding 1256 chapters 216 and 255, not to exceed a cost of $50,000 per 1257 structure from existing resources on forest lands, federal 1258 excess property, and unneeded existing structures. These 1259 structures must meet all applicable building codes. 1260 (b) Notwithstanding s. 553.80(1), the department shall 1261 exclusively enforce the Florida Building Code as it pertains to 1262 wildfire and law enforcement facilities under the jurisdiction 1263 of the department. 1264 (5) The Florida Forest Servicedivisionshall organize its 1265 operational units to most effectively prevent, detect, and 1266 suppress wildfires, and to that end, may employ the necessary 1267 personnel to manage its activities in each unit. The Florida 1268 Forest Servicedivisionmay construct lookout towers, roads, 1269 bridges, firelines, and other facilities and may purchase or 1270 fabricate tools, supplies, and equipment for firefighting. The 1271 Florida Forest Servicedivisionmay reimburse the public and 1272 private entities that it engages to assist in the suppression of 1273 wildfires for their personnel and equipment, including aircraft. 1274 (6) The Florida Forest Servicedivisionshall undertake 1275 privatization alternatives for fire prevention activities 1276 including constructing fire lines and conducting prescribed 1277 burns and, where appropriate, entering into agreements or 1278 contracts with the private sector to perform such activities. 1279 (7) The Florida Forest Servicedivisionmay organize, 1280 staff, equip, and operate the Florida Center for Wildfire and 1281 Forest Resources Management Training. The center shall serve as 1282 a site where fire and forest resource managers can obtain 1283 current knowledge, techniques, skills, and theory as they relate 1284 to their respective disciplines. 1285 (a) The center may establish cooperative efforts involving 1286 federal, state, and local entities; hire appropriate personnel; 1287 and engage others by contract or agreement with or without 1288 compensation to assist in carrying out the training and 1289 operations of the center. 1290 (b) The center shall provide wildfire suppression training 1291 opportunities for rural fire departments, volunteer fire 1292 departments, and other local fire response units. 1293 (c) The center will focus on curriculum related to, but not 1294 limited to, fuel reduction, an incident management system, 1295 prescribed burning certification, multiple-use land management, 1296 water quality, forest health, environmental education, and 1297 wildfire suppression training for structural firefighters. 1298 (d) The center may assess appropriate fees for food, 1299 lodging, travel, course materials, and supplies in order to meet 1300 its operational costs and may grant free meals, room, and 1301 scholarships to persons and other entities in exchange for 1302 instructional assistance. 1303 (e) An advisory committee consisting of the following 1304 individuals or their designees must review program curriculum, 1305 course content, and scheduling: the director of the Florida 1306 Forest ServiceDivision of Forestry; the assistant director of 1307 the Florida Forest ServiceDivision of Forestry; the director of 1308 the School of Forest Resources and Conservation of the 1309 University of Florida; the director of the Division of 1310 Recreation and Parks of the Department of Environmental 1311 Protection; the director of the Division of the State Fire 1312 Marshal; the director of the Florida Chapter of The Nature 1313 Conservancy; the executive vice president of the Florida 1314 Forestry Association; the president of the Florida Farm Bureau 1315 Federation; the executive director of the Fish and Wildlife 1316 Conservation Commission; the executive director of a water 1317 management district as appointed by the Commissioner of 1318 Agriculture; the supervisor of the National Forests in Florida; 1319 the president of the Florida Fire Chief’s Association; and the 1320 executive director of the Tall Timbers Research Station. 1321 (8) The Cross City Work Center shall be named the L. Earl 1322 Peterson Forestry Station. This is to honor Mr. L. Earl 1323 Peterson, Florida’s sixth state forester, whose distinguished 1324 career in state government has spanned 44 years, and who is a 1325 native of Dixie County. 1326 (9)(a) Notwithstanding ss. 273.055 and 287.16, the 1327 department may retain, transfer, warehouse, bid, destroy, scrap, 1328 or otherwise dispose of surplus equipment and vehicles that are 1329 used for wildland firefighting. 1330 (b) All money received from the disposition of state-owned 1331 equipment and vehicles that are used for wildland firefighting 1332 shall be retained by the department. Money received pursuant to 1333 this section is appropriated for and may be disbursed for the 1334 acquisition of exchange and surplus equipment used for wildland 1335 firefighting, and for all necessary operating expenditures 1336 related to such equipment, in the same fiscal year and the 1337 fiscal year following the disposition. The department shall 1338 maintain records of the accounts into which the money is 1339 deposited. 1340 (10)(a) The Florida Forest Servicedivisionhas exclusive 1341 authority to require and issue authorizations for broadcast 1342 burning and agricultural and silvicultural pile burning. An 1343 agency, commission, department, county, municipality, or other 1344 political subdivision of the state may not adopt or enforce 1345 laws, regulations, rules, or policies pertaining to broadcast 1346 burning or agricultural and silvicultural pile burning unless an 1347 emergency order is declared in accordance with s. 252.38(3). 1348 (b) The Florida Forest Servicedivisionmay delegate to a 1349 county or municipality its authority, as delegated by the 1350 Department of Environmental Protection pursuant to ss. 1351 403.061(28) and 403.081, to require and issue authorizations for 1352 the burning of yard trash and debris from land clearing 1353 operations in accordance with s. 590.125(6). 1354 Section 46. Subsection (3) of section 597.0021, Florida 1355 Statutes, is amended to read: 1356 597.0021 Legislative intent.— 1357 (3) It is the intent of the Legislature that the 1358 Aquaculture Review Council isand the Aquaculture Interagency1359Coordinating Council areestablished to provide a means of 1360 communication between the aquaculture industry and the 1361 regulatory agencies. 1362 Section 47. Paragraphs (b) and (d) of subsection (1) of 1363 section 597.003, Florida Statutes, are amended to read: 1364 597.003 Powers and duties of Department of Agriculture and 1365 Consumer Services.— 1366 (1) The department is hereby designated as the lead agency 1367 in encouraging the development of aquaculture in the state and 1368 shall have and exercise the following functions, powers, and 1369 duties with regard to aquaculture: 1370 (b) Coordinate the development, annual revision, and 1371 implementation of a state aquaculture plan. The plan shall 1372 include prioritized recommendations for research and development 1373 as suggested by the Aquaculture Review Council, the Aquaculture1374Interagency Coordinating Council,and public and private 1375 institutional research, extension, and service programs. 1376 (d) Provide staff for the Aquaculture Review Counciland1377the Aquaculture Interagency Coordinating Council. 1378 Section 48. Paragraph (h) of subsection (1) of section 1379 597.004, Florida Statutes, is amended to read: 1380 597.004 Aquaculture certificate of registration.— 1381 (1) CERTIFICATION.—Any person engaging in aquaculture must 1382 be certified by the department. The applicant for a certificate 1383 of registration shall submit the following to the department: 1384 (h) AnOne-hundred dollarannual registration fee of $100. 1385 The annual registration fee is waived for each elementary, 1386 middle, or high school and each vocational school that 1387 participates in the aquaculture certification program. 1388 Section 49. Subsection (1), paragraphs (a) and (b) of 1389 subsection (2), and paragraph (h) of subsection (3) of section 1390 597.005, Florida Statutes, are amended to read: 1391 597.005 Aquaculture Review Council.— 1392 (1) COMPOSITION.—There is created within the department the 1393 Aquaculture Review Council to consist of eightninemembers as 1394 follows: the chair of the State Agricultural Advisory Council or 1395 designee; the chair of the Aquaculture Interagency Coordinating1396Council;and seven additional members to be appointed by the 1397 commissioner, including an alligator farmer, a food fish farmer, 1398 a shellfish farmer, a tropical fish farmer, an aquatic plant 1399 farmer, a representative of the commercial fishing industry, and 1400 a representative of the aquaculture industry at large. Members 1401 shall be appointed for 4-year terms. Each member shall be 1402 selected from no fewer than two or more than three nominees 1403 submitted by recognized statewide organizations representing 1404 each industry segment or the aquaculture industry at large. In 1405 the absence of nominees, the commissioner shall appoint persons 1406 who otherwise meet the qualifications for appointment to the 1407 council. Members shall serve until their successors are duly 1408 qualified and appointed. An appointment to fill a vacancy shall 1409 be for the unexpired portion of the term. 1410 (2) MEETINGS; PROCEDURES; RECORDS.— 1411 (a) The members of the council shall meet at least 1412 quarterly; shall elect a chair, a vice chair, and a secretary,1413and an industry representative to the Aquaculture Interagency1414Coordinating Council; and shall use accepted rules of procedure. 1415 The terms of such officers shall be for 1 year. 1416 (b) The council shall meet at the call of its chair, at the 1417 request of a majority of its membership, at the request of the 1418 department, or at such times as may be prescribed by its rules 1419 of procedure.However, the council shall hold a joint annual1420meeting with the Aquaculture Interagency Coordinating Council.1421 (3) RESPONSIBILITIES.—The primary responsibilities of the 1422 Aquaculture Review Council are to: 1423 (h) For any problem that cannot be solved through simple 1424 cooperation or negotiation, provide an issue analysisto the1425Aquaculture Interagency Coordinating Council andto the chairs 1426 of the legislative agricultureappropriationscommittees. The 1427 analysis shall include, but not be limited to, specific facts 1428 and industry hardships, regulatory provisions, questions 1429 relative to the issue, and suggestions for solving the problem. 1430 Section 50. Section 597.006, Florida Statutes, is repealed. 1431 Section 51. Subsection (3) of section 616.252, Florida 1432 Statutes, is amended to read: 1433 616.252 Florida State Fair Authority; membership; number, 1434 terms, compensation.— 1435 (3) Members of the authority are not entitled to 1436 compensation for their services as members but shall be 1437 reimbursed by the authority for per diem and travel expenses as 1438 provided in s. 112.061and may not be reimbursed for travel1439expenses. Except for the nonvoting youth member, each member may 1440 be compensated for any special or full-time service performed in 1441 the authority’s behalf as officers or agents of the authority. 1442 Section 52. This act shall take effect July 1, 2012.