Bill Text: FL S1254 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Agriculture and Consumer Services
Spectrum: 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
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 SB 1254 By the Committee on Agriculture; and Senator Siplin 575-02173-12 20121254c1 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; repealing s. 585.155, F.S., relating to the 110 inspection and vaccination of cattle for brucellosis; 111 repealing s. 589.03, F.S., relating to the 112 compensation and reimbursement for per diem and travel 113 expenses of members of the Florida Forestry Council; 114 amending s. 589.19, F.S.; renaming the “Wounded 115 Warrior Special Hunt Areas” of the state forests; 116 conforming obsolete references to the former Division 117 of Forestry; amending s. 589.277, F.S.; revising 118 requirements for the deposit of contributions for tree 119 planting programs; conforming obsolete references to 120 the former Division of Forestry; amending s. 590.02, 121 F.S.; specifying that state and local government 122 agencies other than the Florida Forest Service may not 123 enforce regulations of broadcast burning or 124 agricultural and silvicultural pile burning except 125 under certain circumstances; conforming obsolete 126 references to the former Division of Forestry; 127 amending ss. 597.0021 and 597.003, F.S.; deleting 128 references to the Aquaculture Interagency Coordinating 129 Council to conform to the repeal by the act of 130 provisions creating the council; amending s. 597.004, 131 F.S.; authorizing the waiver of aquaculture 132 registration fees for certain schools; amending s. 133 597.005, F.S.; revising the composition of the 134 Aquaculture Review Council to conform to the repeal by 135 the act of provisions creating the Aquaculture 136 Interagency Coordinating Council; revising the 137 legislative committees to whom the Aquaculture Review 138 Council must provide analyses of unresolved industry 139 issues; repealing s. 597.006, F.S., relating to the 140 Aquaculture Interagency Coordinating Council; amending 141 s. 616.252, F.S.; providing for the reimbursement of 142 members of the Florida State Fair Authority for per 143 diem and travel expenses; providing an effective date. 144 145 Be It Enacted by the Legislature of the State of Florida: 146 147 Section 1. Paragraph (m) is added to subsection (2) of 148 section 20.14, Florida Statutes, to read: 149 20.14 Department of Agriculture and Consumer Services. 150 There is created a Department of Agriculture and Consumer 151 Services. 152 (2) The following divisions of the Department of 153 Agriculture and Consumer Services are established: 154 (m) Food, Nutrition, and Wellness. 155 Section 2. Subsection (1) of section 253.002, Florida 156 Statutes, is amended to read: 157 253.002 Department of Environmental Protection, water 158 management districts, Fish and Wildlife Conservation Commission, 159 and Department of Agriculture and Consumer Services; duties with 160 respect to state lands.— 161 (1) The Department of Environmental Protection shall 162 perform all staff duties and functions related to the 163 acquisition, administration, and disposition of state lands, 164 title to which is or will be vested in the Board of Trustees of 165 the Internal Improvement Trust Fund. However, upon the effective 166 date of rules adopted pursuant to s. 373.427, a water management 167 district created under s. 373.069 shall perform the staff duties 168 and functions related to the review of any application for 169 authorization to use board of trustees-owned submerged lands 170 necessary for an activity regulated under part IV of chapter 373 171 for which the water management district has permitting 172 responsibility as set forth in an operating agreement adopted 173 pursuant to s. 373.046(4).; andThe Department of Agriculture 174 and Consumer Services shall perform the staff duties and 175 functions related to the review of applications and compliance 176 with conditions for use of board of trustees-owned submerged 177 lands under authorizations or leases issued pursuant to ss. 178 253.67-253.75 and 597.010 and the acquisition, administration, 179 and disposition of conservation easements pursuant to s. 570.71. 180 Unless expressly prohibited by law, the board of trustees may 181 delegate to the department any statutory duty or obligation 182 relating to the acquisition, administration, or disposition of 183 lands, title to which is or will be vested in the board of 184 trustees. The board of trustees may also delegate to any water 185 management district created under s. 373.069 the authority to 186 take final agency action, without any action on behalf of the 187 board, on applications for authorization to use board of 188 trustees-owned submerged lands for any activity regulated under 189 part IV of chapter 373 for which the water management district 190 has permitting responsibility as set forth in an operating 191 agreement adopted pursuant to s. 373.046(4). This water 192 management district responsibility under this subsection shall 193 be subject to the department’s general supervisory authority 194 pursuant to s. 373.026(7). The board of trustees may also 195 delegate to the Department of Agriculture and Consumer Services 196 the authority to take final agency action on behalf of the board 197 on applications to use board of trustees-owned submerged lands 198 for any activity for which that department has responsibility 199 pursuant to ss. 253.67-253.75, 369.25, 369.251, and 597.010. 200 However, the board of trustees shall retain the authority to 201 take final agency action on establishing any areas for leasing, 202 new leases, expanding existing lease areas, or changing the type 203 of lease activity in existing leases. Upon issuance of an 204 aquaculture lease or other real property transaction relating to 205 aquaculture, the Department of Agriculture and Consumer Services 206 must send a copy of the document and the accompanying survey to 207 the Department of Environmental Protection. The board of 208 trustees may also delegate to the Fish and Wildlife Conservation 209 Commission the authority to take final agency action, without 210 any action on behalf of the board, on applications for 211 authorization to use board of trustees-owned submerged lands for 212 any activity regulated under ss. 369.20 and 369.22. 213 Section 3. Paragraph (a) of subsection (5) and paragraph 214 (b) of subsection (6) of section 379.2523, Florida Statutes, are 215 amended to read: 216 379.2523 Aquaculture definitions; marine aquaculture 217 products, producers, and facilities.— 218 (5) The department shall: 219 (a) Coordinate with the Aquaculture Review Council, the220Aquaculture Interagency Coordinating Council,and the Department 221 of Agriculture and Consumer Services when developing criteria 222 for aquaculture general permits. 223 (6) The Fish and Wildlife Conservation Commission shall 224 encourage the development of aquaculture in the state through 225 the following: 226 (b) Facilitating aquaculture research on life histories, 227 stock enhancement, and alternative species, and providing 228 research results that would assist in the evaluation, 229 development, and commercial production of candidate species for 230 aquaculture, including: 231 1. Providing eggs, larvae, fry, and fingerlings to 232 aquaculturists when excess cultured stocks are available from 233 the commission’s facilities and the culture activities are 234 consistent with the commission’s stock enhancement projects. 235 Such stocks may be obtained by reimbursing the commission for 236 the cost of production on a per-unit basis. Revenues resulting 237 from the sale of stocks shall be deposited into the trust fund 238 used to support the production of such stocks. 239 2. Conducting research programs to evaluate candidate 240 species when funding and staff are available. 241 3. Encouraging the private production of marine fish and 242 shellfish stocks for the purpose of providing such stocks for 243 statewide stock enhancement programs. When such stocks become 244 available, the commission shall reduce or eliminate duplicative 245 production practices that would result in direct competition 246 with private commercial producers. 247 4. Developing a working group, in cooperation with the 248 Department of Agriculture and Consumer Services and,the 249 Aquaculture Review Council,and the Aquaculture Interagency250Coordinating Council,to plan and facilitate the development of 251 private marine fish and nonfish hatcheries and to encourage 252 private/public partnerships to promote the production of marine 253 aquaculture products. 254 Section 4. Paragraph (c) of subsection (3) of section 255 379.2524, Florida Statutes, is amended to read: 256 379.2524 Commercial production of sturgeon.— 257 (3) MEETINGS; PROCEDURES; RECORDS.—The working group shall 258 meet at least twice a year and elect, by a quorum, a chair and 259 vice chair. 260 (c) A quorum shall consist of a majority of the group 261 members.Members of the group shall not receive compensation,262but shall be entitled to per diem and travel expenses, including263attendance at meetings, as allowed public officers and employees264pursuant to s.112.061.265 Section 5. Subsection (1) of section 388.161, Florida 266 Statutes, is amended to read: 267 388.161 District boards of commissioners; powers and 268 duties.— 269 (1) The board of commissioners may do any and all things 270 necessary for the control and elimination of all species of 271 mosquitoes and other arthropods of public health importance and 272 the board of commissioners is specifically authorized to provide 273 for the construction and maintenance of canals, ditches, drains, 274 dikes, fills, and other necessary works and to install and 275 maintain pumps, excavators, and other machinery and equipment, 276 to use pesticides registeredoil, larvicide paris green, or any277other chemicals approvedby the department but only in such 278 quantities as may be necessary to control mosquito breeding and 279 not be detrimental to fish life. 280 Section 6. Subsection (4) of section 388.201, Florida 281 Statutes, is amended to read: 282 388.201 District budgets; hearing.— 283 (4) The governing board: 284 (a) Shall considergive consideration toobjections filed 285 against adoption of the tentative detailed work plan budget and 286 in its discretion may amend, modify, or change such budget; and 287 (b) Shall by September 3015 followingadopt and execute on 288 a form furnished by the department a certified budget for the 289 district which shall be the operating and fiscal guide for the 290 district. Certified copies of this budget shall be submitted by 291 September 3015to the department for approval. 292 Section 7. Subsections (1) and (2) of section 388.323, 293 Florida Statutes, are amended to read: 294 388.323 Disposal of surplus property.—Surplus property 295 shall be disposed of according to the provisions set forth in s. 296 274.05 with the following exceptions: 297 (1) Serviceable equipment no longer needed by a county or 298 district shall first be offered to any or all other counties or 299 districts engaged in arthropod control at a price established by 300 the board of commissioners owning the equipment.If no301acceptable offer is received within a reasonable time, the302equipment shall be offered to such other governmental units or303private nonprofit agencies as provided in s.274.05.304 (2) The alternative procedure for disposal of surplus 305 property, as prescribed in s. 274.06, shall be followed if it is 306has beendetermined that no other county or,district engaged in 307 arthropod control, governmental unit, or private nonprofit308agencyhas need for the equipment. 309 Section 8. Section 388.42, Florida Statutes, is repealed. 310 Section 9. Subsection (2) of section 388.46, Florida 311 Statutes, is amended to read: 312 388.46 Florida Coordinating Council on Mosquito Control; 313 establishment; membership; organization; responsibilities.— 314 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.— 315 (a) Membership.—The Florida Coordinating Council on 316 Mosquito Control shall be comprised of the following 317 representatives or their authorized designees: 318 1. The Secretary of Environmental Protection.and319 2. The State Surgeon General.;320 3.2.The executive director of the Fish and Wildlife 321 Conservation Commission.;322 4.3.The state epidemiologist.; 323 5.4.The Commissioner of Agriculture.; and324 6. The Board of Trustees of the Internal Improvement Trust 325 Fund. 326 7.5.Representatives from: 327 a. The University of Florida, Institute of Food and 328 Agricultural Sciences, Florida Medical Entomological Research 329 Laboratory.;330b. Florida Agricultural and Mechanical University;331 b.c.The United States Environmental Protection Agency.;332 c.d.The United States Department of Agriculture, Insects 333 Affecting Man Laboratory.;334 d.e.The United States Fish and Wildlife Service.;335 8.f.Two mosquito control directors to be nominated by the 336 Florida Mosquito Control Association, two representatives of 337 Florida environmental groups, and two private citizens who are 338 property owners whose lands are regularly subject to mosquito 339 control operations, to be appointed to 4-year terms by the 340 Commissioner of Agriculture; and341g. The Board of Trustees of the Internal Improvement Trust342Fund. 343 (b) Organization.—The council shall be chaired by the 344 Commissioner of Agriculture or the commissioner’s authorized 345 designee. A majority of the membership of the council shall 346 constitute a quorum for the conduct of business. The chair shall 347 be responsible for recording and distributing to the members a 348 summary of the proceedings of all council meetings. The council 349 shall meet at least three times each year, or as needed. The 350 council may designate subcommittees from time to time to assist 351 in carrying out its responsibilities, provided that the 352 Subcommittee on Managed Marshes shall be the first subcommittee 353 appointed by the council. The subcommittee shall continue to 354 provide technical assistance and guidance on saltmarshmosquito355impoundmentmanagement plans anddevelop and reviewresearch 356 proposals, taking into account the mosquito control source 357 reduction implications and natural resource interests in these 358 habitatsfor mosquito source reduction techniques. 359 (c) Responsibilities.—The council shall: 360 1. Develop and implement guidelines to assist the 361 department in resolving disputes arising over the control of 362 arthropods on publicly owned lands. 3632. Identify and recommend to Florida Agricultural and364Mechanical University research priorities for arthropod control365practices and technologies.366 2.3.Develop and recommend to the department a request for 367 proposal process for arthropod control research. 368 3.4.Identify potential funding sources for research or 369 implementation projects and evaluate and prioritize proposals 370 upon request by the funding source. 371 4.5.Prepare and present reports, as needed, on arthropod 372 control activities in the state to the Pesticide Review Council,373the Florida Coastal Management Program Interagency Management374Committee,and other governmental organizations, as appropriate. 375 Section 10. Subsections (7) and (8) of section 493.6104, 376 Florida Statutes, are renumbered as subsections (6) and (7), 377 respectively, and present subsection (6) of that section is 378 amended to read: 379 493.6104 Advisory council.— 380(6) Council members shall serve without pay; however, state381per diem and travel allowances may be claimed for attendance at382officially called meetings as provided by s.112.061.383 Section 11. Subsection (3) of section 500.09, Florida 384 Statutes, is amended to read: 385 500.09 Rulemaking; analytical work.— 386 (3) The department may adopt rules necessary for the 387 efficient enforcement of this chapter. Such rules must be 388 consistent with those adopted under the federal act in regard to 389 food and, to this end, may adopt by reference those rules and 390 the current edition of the model Food Code issued by the Food 391 and Drug Administration and Public Health Service of the United 392 States Department of Health and Human Services, when applicable 393 and practicable. 394 Section 12. Subsection (6) of section 500.147, Florida 395 Statutes, is amended to read: 396 500.147 Inspection of food establishments and vehicles;397food safety pilot program.— 398(6) The department is authorized to initiate a food safety399pilot program establishing a special, documented food inspection400program based on sound science principles of the Hazard Analysis401Critical Control Point (HACCP) system and involving cooperative402compliance efforts of both the department and the food403establishment to assure consumers a safe, wholesome, and404properly labeled food supply. A food establishment shall be405eligible for such a pilot program only if program criteria are406met. Criteria used to establish this special program include,407but are not limited to, the following:408(a) A good inspection history over a specified time period.409(b) Certified food manager activities demonstrated to be410effective in assessing food safety practices and correcting411deficiencies at the food establishment.412(c) An active food training program in place for employees.413(d) “Self inspection” records of the food establishment414made available for review by the department.415(e) Written sanitation standard operation procedures in416place and the food establishment’s verification records made417available for review by the department.418(f) Freezer/refrigeration units and hot-cold temperature419logs or recording charts made available for review by the420department.421(g) Records of corrective action to resolve food safety422deficiencies made available for review by the department.423 Section 13. Subsections (4) through (7) of section 502.014, 424 Florida Statutes, are renumbered as subsections (3) through (6), 425 respectively, and present subsection (3) of that section is 426 amended to read: 427 502.014 Powers and duties.— 428(3) The department shall manage a program to issue permits429to persons who test milk or milk products for milkfat content by430weight, volume, chemical, electronic, or other means when the431result of such test is used as a basis for payment for the milk432or milk products.433 Section 14. Subsections (1) and (2) and paragraphs (a) and 434 (e) of subsection (3) of section 502.053, Florida Statutes, are 435 amended to read: 436 502.053 Permits andlicenses;fees; requirements; 437 exemptions; temporary permits.— 438 (1) PERMITSAND LICENSES.— 439 (a) Each Grade “A” milk plant, whether located in the state 440 or outside the state, and each manufacturing milk plant, milk 441 producer, milk hauler, milk hauling service, washing station 442 operator, milk plant operator, milk distributor, single-service 443 container manufacturer, receiving station, and transfer station 444 in the state shall apply to the department for a permit to 445 operate. The application shall be on forms developed by the 446 department. 447 (b) Each frozen dessert plant, whether located in the state 448 or outside the state, that manufactures frozen desserts or other 449 products defined in this chapter and offers these products for 450 sale in this state must apply to the department for a permit to 451 operate. The application must be submitted on forms prescribed 452 by the department. All frozen dessert permits expire on June 30 453 of each year. 454(c) Any person who tests milk or milk products for milkfat455content by weight, volume, chemical, electronic, or other method456when the result of such test is used as a basis for payment for457the milk or milk products must apply to the department for a458license. To qualify for a license, the applicant must459demonstrate a sufficiency of knowledge, ability, and equipment460to adequately perform milkfat tests. The license shall be issued461for a period of 2 years after the date of first issuance upon462application to the department on forms prescribed by the463department.464 (c)(d)Permitsand licensesare nontransferable between 465 persons or locations and are subject to suspension or revocation 466 as provided in this chapter. 467 (2) FEES.— 468(a)The initial application for a frozen dessert plant 469 permit must be accompanied by a permit fee of $200. The annual 470 permit renewal fee is $100. 471(b) The department shall charge each applicant for a472milkfat tester’s license a fee not to exceed $125.473 (3) REQUIREMENTS.— 474 (a) To obtain afrozen dessert plantpermitor milkfat475tester’s license, an applicant must satisfy all requirements 476 that are defined by the department in rule and must agree to 477 comply with the applicable provisions of this chapter and rules 478 adopted under this chapter. The department shall mail a copy of 479 the permitor licenseto the applicant to signify that 480 administrative requirements have been met. 481(e) Each licensed milkfat tester shall keep records of482milkfat tests conducted by him or her for a period of 1 year,483and such records must be available for inspection by the484department at all reasonable hours.485 Section 15. Subsection (9) of section 570.0705, Florida 486 Statutes, is amended to read: 487 570.0705 Advisory committees.—From time to time the 488 commissioner may appoint any advisory committee to assist the 489 department with its duties and responsibilities. 490 (9) Notwithstanding s. 20.052(4)(d), members of each 491 advisory committee, council, board, working group, task force, 492 or other advisory body created by law within the department or 493 created by the department under this section may not be 494 reimbursed for per diem or travel expenses as provided in s. 495 112.061shall receive no compensation for their services. 496 Section 16. Section 570.071, Florida Statutes, is repealed. 497 Section 17. Section 570.074, Florida Statutes, is amended 498 to read: 499 570.074 Department of Agriculture and Consumer Services; 500energy andwater policy.—The commissioner may create an Office 501 of AgriculturalEnergy andWater Policy under the supervision of 502 a senior manager exempt under s. 110.205 in the Senior 503 Management Service. The commissioner may designate the bureaus 504 and positions in the various organizational divisions of the 505 department that report to this office relating to any matter 506 over which the department has jurisdiction in matters relating 507 toenergy andwater policy affecting agriculture, application of 508 such policies, and coordination of such matters with state and 509 federal agencies. 510 Section 18. Section 570.18, Florida Statutes, is amended to 511 read: 512 570.18 Organization of departmental work.—In the assignment 513 of functions to the divisions of the department created in s. 514 20.14570.29, the department shall retain within the Division of 515 Administration, in addition to executive functions, those powers 516 and duties enumerated in s. 570.30. The department shall 517 organize the work of the other divisions in such a way as to 518 secure maximum efficiency in the conduct of the department. The 519 divisions created in s. 20.14570.29are solely to make possible 520 the definite placing of responsibility. The department shall be 521 conducted as a unit in which every employee, including each 522 division director, is assigned a definite workload, and there 523 shall exist between division directors a spirit of cooperative 524 effort to accomplish the work of the department. 525 Section 19. Section 570.29, Florida Statutes, is repealed. 526 Section 20. Section 570.34, Florida Statutes, is repealed. 527 Section 21. Section 570.451, Florida Statutes, is created 528 to read: 529 570.451 Agricultural Feed, Seed, and Fertilizer Advisory 530 Council.— 531 (1) The Agricultural Feed, Seed, and Fertilizer Advisory 532 Council is created within the department. 533 (2) The council is composed of the following 15 members 534 appointed by the commissioner: 535 (a) One representative of the department. 536 (b) One representative of the dean for extension of the 537 Institute of Food and Agricultural Sciences at the University of 538 Florida. 539 (c) One representative each from the state’s beef cattle, 540 poultry, aquaculture, field crops, citrus, vegetable, and dairy 541 production industries. 542 (d) Two representatives each from the state’s fertilizer, 543 seed, and commercial feed industries. 544 545 Each member shall be appointed for a term of not to exceed 4 546 years and shall serve until his or her successor is appointed. 547 (3)(a) A majority of the council members constitutes a 548 quorum for all purposes, and an act by a majority of such quorum 549 at any meeting constitutes an official act of the council. The 550 secretary shall keep a complete record of each meeting, which 551 must show the names of members present and the actions taken. 552 Such records must be kept on file with the department. 553 (b) Members of the council shall meet and organize by 554 electing a chair, a vice chair, and a secretary whose terms 555 shall be for 2 years each. Council officers may not serve 556 consecutive terms. 557 (c) The council shall meet at the call of its chair, at the 558 request of a majority of its members, at the request of the 559 department, or at such time as an agricultural or environmental 560 emergency arises, but not less than twice per year. 561 (d) The meetings, powers and duties, procedures, and 562 recordkeeping of the council shall be in accordance with the 563 provisions of s. 570.0705 relating to advisory committees 564 established within the department. 565 (4) The council shall: 566 (a) Receive reports of relevant enforcement activity 567 conducted by the Division of Agricultural Environmental 568 Services, including the number of inspections, the number of 569 administrative actions, the number of complaints received and 570 investigated, and the dispositions of complaints. 571 (b) Provide advice to the department on the conduct of 572 relevant enforcement activities. 573 (c) Receive reports on disciplinary actions. 574 (d) Make recommendations to the commissioner for actions to 575 be taken with respect to the regulation of agricultural feed, 576 seed, and fertilizer. 577 Section 22. Paragraph (e) of subsection (6) of section 578 570.53, Florida Statutes, is amended to read: 579 570.53 Division of Marketing and Development; powers and 580 duties.—The powers and duties of the Division of Marketing and 581 Development include, but are not limited to: 582 (6) 583 (e) Extending in every practicable way the distribution and 584 sale of Florida agricultural products throughout the markets of 585 the world as required of the department by s.ss.570.07(7), 586 (8), (10), and (11)and570.071and chapters 571, 573, and 574. 587 Section 23. Subsection (2) of section 570.54, Florida 588 Statutes, is amended to read: 589 570.54 Director; duties.— 590 (2) It shall be the duty of the director of this division 591 to supervise, direct, and coordinate the activities authorized 592 by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and 593 (20),570.071,570.21, 534.47-534.53, and 604.15-604.34 and 594 chapters 504, 571, 573, and 574 and to exercise other powers and 595 authority as authorized by the department. 596 Section 24. Subsection (7) of section 573.112, Florida 597 Statutes, is amended to read: 598 573.112 Advisory council.— 599 (7) Notwithstanding any provision of this section, the 600 Citrus Research and Development Foundation, Inc., a direct 601 support organization of the University of Florida established 602 pursuant to s. 1004.28, shall serve as the advisory council for 603 a citrus research marketing order, provide the department with 604 advice on administering the order, and, in accordance with the 605 order, conduct citrus research and perform other duties assigned 606 by the department. Notwithstanding s. 1004.28(3) or any 607 provision of this section, the foundation’s board of directors 608 shall be composed of 13 members, including 10 citrus growers, 2 609 representatives of the university’s Institute of Food and 610 Agricultural Sciences, and 1 member appointed by the 611 Commissioner of Agriculture, who are each entitled to 612 reimbursement from the foundation for per diem and travel 613 expenses as provided in s. 112.061. 614 Section 25. Subsection (4) of section 573.118, Florida 615 Statutes, is amended to read: 616 573.118 Assessment; funds; review of accountsaudit; 617 loans.— 618 (4) In the event of levying and collecting of assessments, 619 for each fiscal year in which assessment funds are received by 620 the department, the department shall maintain records of 621 collections and expenditures for each marketing order separately 622 within the state’s accounting system. If requested by an 623 advisory council, department staff shall cause to be made a 624 thorough reviewannual auditof thebooks andaccountsby a625certified public accountant, such reviewauditto be completed 626 within 60 days after the request is receivedend of the fiscal627year. The department and all producers and handlers covered by 628 the marketing order shall be properly advised of the details of 629 the reviewannual official auditof the accountaccounts as630shown by the certified public accountantwithin 30 days afterof631 the reviewaudit. 632 Section 26. Subsection (8) of section 576.045, Florida 633 Statutes, is amended to read: 634 576.045 Nitrogen and phosphorus; findings and intent; fees; 635 purpose; best management practices; waiver of liability; 636 compliance; rules; exclusions; expiration.— 637 (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3), 638 (4), and (6) expire on December 31, 20222012. Subsections (5) 639 and (7) expire on December 31, 20272017. 640 Section 27. Section 576.071, Florida Statutes, is amended 641 to read: 642 576.071 Commercial value.—The commercial value used in 643 assessing penalties for any deficiency shall be determined by 644 using annualized plant nutrient values contained in one or more 645 generally recognized journalsrecommended by the Fertilizer646Technical Council. 647 Section 28. Section 576.091, Florida Statutes, is repealed. 648 Section 29. Section 578.30, Florida Statutes, is repealed. 649 Section 30. Paragraph (c) of subsection (1) and subsection 650 (3) of section 580.041, Florida Statutes, are amended to read: 651 580.041 Master registration; fee; refusal or cancellation 652 of registration; reporting.— 653 (1) 654 (c) Registration shall be conditioned on the distributor’s 655 compliance with all provisions of this chapter and rules adopted 656 under this chapterthereof, including: 657 1. Submitting samples of manufactured feed for testing by 658 laboratories that have been certified by the department or 659 obtaining an exemption from the certified laboratory testing 660 requirement, as provided by this chapter and rules thereof. 661 2. Maintaining a bookkeeping system and records necessary 662 to indicate accurately the type and tonnage of commercial feeds 663 sold in this statethat will allow the department to verify the664accuracy of the reported tonnage. 665 3. Reporting within 30 days after the end of each quarter, 666 in the format prescribed by the department, the number of tons 667 of feed distributed in the state during each of the following 668 reporting periods: July through September, October through 669 December, January through March, and April through June. 670 4.3.Allowing the department to verify the accuracy of 671 reported type and tonnage and to otherwise examine pertinent 672 records at reasonable times. 673 (3) The department may refuse, suspend, or cancel the 674 master registration of, or impose one or more of the penalties 675 provided in s. 580.121, against any distributor or registrant 676 who violates or fails to comply with the provisions of this 677 chapter. 678 Section 31. Section 580.131, Florida Statutes, is amended 679 to read: 680 580.131 Penalty payable to consumer.— 681 (1) Any consumer who purchases without notice a commercial 682 feed or feedstuff that ishas beendistributed in violation of 683 this chapter or rules adopted under this chapter shall, in any 684 legal or administrative action that may be instituted, recover 685 penalties as follows: 686 (a)(1)If a certified laboratory analysis shows that any 687 feed bearing a guarantee of 20 percent protein,or less,falls 688 more than 1 percent protein below the guarantee, or if the 689 analysis shows that any feed bearing a guarantee of more than 20 690 percent protein falls more than 2 percent protein below the 691 guarantee, $4 per ton for each percent protein deficiency shall 692 be assessed against the manufacturer or distributor. 693 (b)(2)If a certified laboratory analysis shows that any 694 feed is deficient in fat by more than 0.5five-tenthspercent 695 fat, $4 per ton for each percent fat deficiency shall be 696 assessed against the manufacturer or distributor. 697 (c)(3)If a certified laboratory analysis shows that any 698 feed bearing a maximum guarantee of not more than 20 percent 699 fiber exceeds this guarantee by more than 1 percent fiber, or if 700 the analysis shows that any feed bearing a maximum guarantee of 701 more than 20 percent fiber exceeds this guarantee by more than 2 702 percent fiber, $4 per ton for each percent fiber excess shall be 703 assessed against the manufacturer or distributor. 704 (d)(4)If a certified laboratory analysis shows that any 705 commercial feed is deficient or excessive in the required drug, 706 mineral, or nutritive guarantees other than protein, fat, or 707 fiber, a penalty of $4 per ton shall be assessed against the 708 manufacturer or distributor for each deficiency or excessive 709 level found. 710 (e)(5)If a certified laboratory analysis shows that any 711 commercial feed or feedstuff is found to be adulterated as 712 provided in s. 580.071, a penalty of $4 per ton shall be 713 assessed against the manufacturer or distributor for each 714 violation found. 715 (f)(6)If any feed is found by the department to be short 716 in weight, 4 times the invoice value of the actual shortage 717 shall be assessed against the manufacturer or distributor, but 718 in no instance shall the penalty be less than $25. The 719 department by rule may establish variations for short weight. 720 (g)(7)In no case shallAny penalty assessed underas721specified inthis sectionbe less than $10, regardless of the 722 monetary value of the violation, must be at least $10. 723 (2)(a) Within 60 days after the department notifies a 724 registrant in writing of any penalty assessed under this 725 section, the registrant shall pay the penalty to the consumer. 726 If the consumer’s identity cannot be determined, the registrant 727 shall, within the 60-day period, pay the assessed penalty to the 728 department. 729 (b) A registrant who, within the 60-day period, fails to 730 pay the full amount of the assessed penalty to the consumer or 731 the department, as applicable, in addition to the penalty 732 assessed under this section, is also subject to the penalties 733 provided in s. 580.121. 734 (c) The proceeds from any penalties paid to the department 735 under this section shall be deposited into the department’s 736 General Inspection Trust Fund and be used by the department for 737 the exclusive purpose of administering this chapter. 738 Section 32. Section 580.151, Florida Statutes, is repealed. 739 Section 33. Subsection (30) of section 581.011, Florida 740 Statutes, is amended to read: 741 581.011 Definitions.—As used in this chapter: 742(30) “Technical council” means the Plant Industry Technical743Council.744 Section 34. Subsection (3) of section 581.145, Florida 745 Statutes, is amended to read: 746 581.145 Aquatic plant nursery registration; special permit 747 requirements.— 748 (3) Notwithstanding any other provision of state or federal 749 law, the Department of Agriculture and Consumer Services shall 750 issue, by request, a permit to the aquaculture producer to 751 engage in the business of transporting and sellingexporting752 water hyacinths (Eichhornia spp.) only to other states or 753 countries that permit such transportation and saleother than754the United States and onlywhen suchwater hyacinths are755cultivated in a nursery for the sole purpose of exportation and756theaquaculture activities haveactivity hasbeen certified by 757 the Department of Agriculture and Consumer Services. In 758 accordance with any appropriate state or federal law or United 759 States treaty, anoFlorida aquaculture producer may notshall760 ship water hyacinths to other states or countriesother than the761United Statesunder such a permit for the purpose of importing 762 water hyacinths back into Floridathe United States, nor shall763drop shipments be made to any other destination within the764United States. This subsection does notprovision shall in no765wayrestrict or interfere with theDepartment of Environmental766Protection’sefforts of the Fish and Wildlife Conservation 767 Commission, or the effortsthoseof any other agency or local 768 government with responsibilities for the management of noxious 769 aquatic plants, to control or eradicate noxious nonnursery 770 aquatic plants, including water hyacinths. This subsection may 771provision shallnot be considereda considerationin the 772 approval or the release of biological control agents for water 773 hyacinths or any other noxious aquatic plants. 774 Section 35. Section 582.06, Florida Statutes, is amended to 775 read: 776 582.06 Soil and Water Conservation Council; powers and 777 duties.— 778 (1) COMPOSITION.— 779 (a) The Soil and Water Conservation Council is created in 780 the Department of Agriculture and Consumer Services and shall be 781 composed of 723membersas follows:782(a) Eleven members shall be personswho have been involved 783 in the practice of soil or water conservation, or in the 784 development or implementation of interim measures or best 785 management practices related thereto, and who have been engaged 786 in agriculture or an occupation related to the agricultural 787 industry for at least 5 years at the time of their appointment. 788(b) Twelve members shall include one representative each789from the Department of Environmental Protection, the five water790management districts, the Institute of Food and Agricultural791Sciences at the University of Florida, the United States792Department of Agriculture Natural Resources Conservation793Service, the Florida Association of Counties, and the Florida794League of Cities and two representatives of environmental795interests.796 (b)(c)All members shall be appointed by the commissioner. 797Members appointed pursuant to paragraph (b) shall be appointed798by the commissioner from recommendations provided by the799organization or interest represented.800 (c)(d)Members shall serve 4-year terms or until their 801 successors are duly qualified and appointed. If a vacancy 802 occurs, it shall be filled for the remainder of the term in the 803 manner of an initial appointment. 804 (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS;805COMPENSATION.—The meetings, powers and duties, procedures, and 806 recordkeeping of the Soil and Water Conservation Council, and807per diem and reimbursement of expenses of council members,shall 808 be governed by the provisions of s. 570.0705 relating to 809 advisory committees established within the department. 810 Section 36. Section 582.20, Florida Statutes, is amended to 811 read: 812 582.20 Powers of districts and supervisors.—A soil and 813 water conservation district organized under the provisions of 814 this chapter shall constitute a governmental subdivision of this 815 state, and a public body corporate and politic, exercising 816 public powers, and such district and the supervisors thereof, 817 shall have the following powers, in addition to others granted 818 in other sections of this chapter: 819 (1) To conduct surveys, investigations, and research 820 relating to the character of soil erosion and floodwater and 821 sediment damages, to the conservation, development and 822 utilization of soil and water resources and the disposal of 823 water, and to the preventive and control measures and works of 824 improvement needed; to publish the results of such surveys, 825 investigations, or research; and to disseminate information 826 concerning such preventive and control measures and works of 827 improvement; provided, however, that in order to avoid 828 duplication of research activities, no district shall initiate 829 any research program except in cooperation with the government 830 of this state or any of its agencies, or with the United States 831 or any of its agencies.;832 (2) To conduct demonstrational projects within the 833 district’s boundaries, territory within another district’s 834 boundaries subject to the other district’s approval, or 835 territory not contained within any district’s boundaries 836districton lands owned or controlled by this state or any of 837 its agencies, with the cooperation of the agency administering 838 and having jurisdiction thereof, and on any other lands within 839 the district’s boundaries, territory within another district’s 840 boundaries subject to the other district’s approval, or 841 territory not contained within any district’s boundaries 842districtupon obtaining the consent of the owner and occupiers 843 of such lands or the necessary rights or interests in such 844 lands, in order to demonstrate by example the means, methods, 845 and measures by which soil and soil resources may be conserved, 846 and soil erosion in the form of soil blowing and soil washing 847 may be prevented and controlled, and works of improvement for 848 flood prevention or the conservation, development and 849 utilization of soil and water resources, and the disposal of 850 water may be carried out.;851 (3) To carry out preventive and control measures and works 852 of improvement for flood prevention or the conservation, 853 development and utilization of soil and water resources, and the 854 disposal of water within the district’s boundaries, territory 855 within another district’s boundaries subject to the other 856 district’s approval, or territory not contained within any 857 district’s boundariesdistrict, including, but not limited to, 858 engineering operations, methods of cultivation, the growing of 859 vegetation, changes in use of land, and the measures listed in 860 s. 582.04 on lands owned or controlled by this state or any of 861 its agencies, with the cooperation of the agency administering 862 and having jurisdiction thereof, and on any other lands within 863 the district’s boundaries, territory within another district’s 864 boundaries subject to the other district’s approval, or 865 territory not contained within any district’s boundaries 866districtupon obtaining the consent of the owner and the 867 occupiers of such lands or the necessary rights or interests in 868 such lands.;869 (4) To cooperate, or enter into agreements with, and within 870 the limits of appropriations duly made available to it by law, 871 to furnish financial or other aid to, any agency, governmental 872 or otherwise, or any owner or occupier of lands within the 873 district’s boundaries, territory within another district’s 874 boundaries subject to the other district’s approval, or 875 territory not contained within any district’s boundaries 876district, in the carrying on of erosion control or prevention 877 operations and works of improvement for flood prevention or the 878 conservation, development and utilization, of soil and water 879 resources and the disposal of water within the district’s 880 boundaries, territory within another district’s boundaries 881 subject to the other district’s approval, or territory not 882 contained within any district’s boundariesdistrict, subject to 883 such conditions as the supervisors may deem necessary to advance 884 the purposes of this chapter.;885 (5) To obtain options upon and to acquire, by purchase, 886 exchange, lease, gift, grant, bequest, devise or otherwise, any 887 property, real or personal, or rights or interests therein; to 888 maintain, administer, and improve any properties acquired, to 889 receive income from such properties and to expend such income in 890 carrying out the purposes and provisions of this chapter; and to 891 sell, lease, or otherwise dispose of any of its property or 892 interests therein in furtherance of the purposes and the 893 provisions of this chapter.;894 (6) To make available, on such terms as it shall prescribe, 895 to landowners and occupiers within the district’s boundaries, 896 territory within another district’s boundaries subject to the 897 other district’s approval, or territory not contained within any 898 district’s boundariesdistrict, agricultural and engineering 899 machinery and equipment, fertilizer, seeds and seedlings, and 900 such other material or equipment, as will assist such landowners 901 and occupiers to carry on operations upon their lands for the 902 conservation of soil resources and for the prevention or control 903 of soil erosion and for flood prevention or the conservation, 904 development and utilization, of soil and water resources and the 905 disposal of water.;906 (7) To construct, improve, operate and maintain such 907 structures as may be necessary or convenient for the performance 908 of any of the operations authorized in this chapter.;909 (8) To develop comprehensive plans for the conservation of 910 soil and water resources and for the control and prevention of 911 soil erosion and for flood prevention or the conservation, 912 development and utilization of soil and water resources, and the 913 disposal of water within the district’s boundaries, territory 914 within another district’s boundaries subject to the other 915 district’s approval, or territory not contained within any 916 district’s boundariesdistrict, which plans shall specify in 917 such detail as may be possible the acts, procedures, 918 performances, and avoidances which are necessary or desirable 919 for the effectuation of such plans, including the specification 920 of engineering operations, methods of cultivation, the growing 921 of vegetation, cropping programs, tillage practices, and changes 922 in use of land; control of artesian wells; and to publish such 923 plans and information and bring them to the attention of owners 924 and occupiers of lands within the district’s boundaries, 925 territory within another district’s boundaries subject to the 926 other district’s approval, or territory not contained within any 927 district’s boundaries.district;928 (9) To take over, by purchase, lease, or otherwise, and to 929 administer any soil-conservation, erosion-control, erosion 930 prevention project, or any project for flood-prevention or for 931 the conservation, development and utilization of soil and water 932 resources, and the disposal of water, located within the 933 district’sitsboundaries, territory within another district’s 934 boundaries subject to the other district’s approval, or 935 territory not contained within any district’s boundaries, 936 undertaken by the United States or any of its agencies, or by 937 this state or any of its agencies; to manage as agent of the 938 United States or any of its agencies, or of the state or any of 939 its agencies, any soil-conservation, erosion-control, erosion 940 prevention, or any project for flood-prevention or for the 941 conservation, development, and utilization of soil and water 942 resources, and the disposal of water within the district’sits943 boundaries, territory within another district’s boundaries 944 subject to the other district’s approval, or territory not 945 contained within any district’s boundaries; to act as agent for 946 the United States, or any of its agencies, or for the state or 947 any of its agencies, in connection with the acquisition, 948 construction, operation or administration of any soil 949 conservation, erosion-control, erosion-prevention, or any 950 project for flood-prevention or for the conservation, 951 development and utilization of soil and water resources, and the 952 disposal of water within the district’sitsboundaries, 953 territory within another district’s boundaries subject to the 954 other district’s approval, or territory not contained within any 955 district’s boundaries; to accept donations, gifts, and 956 contributions in money, services, materials, or otherwise, from 957 the United States or any of its agencies, or from this state or 958 any of its agencies, or from others, and to use or expend such 959 moneys, services, materials or other contributions in carrying 960 on its operations.;961 (10) To sue and be sued in the name of the district; to 962 have a seal, which seal shall be judicially noticed; to have 963 perpetual succession unless terminated as provided in this 964 chapter; to make and execute contracts and other instruments 965 necessary or convenient to the exercise of its powers; upon a 966 majority vote of the supervisors of the district, to borrow 967 money and to execute promissory notes and other evidences of 968 indebtedness in connection therewith, and to pledge, mortgage, 969 and assign the income of the district and its personal property 970 as security therefor, the notes and other evidences of 971 indebtedness to be general obligations only of the district and 972 in no event to constitute an indebtedness for which the faith 973 and credit of the state or any of its revenues are pledged; to 974 make, amend, and repeal rules and regulations not inconsistent 975 with this chapter to carry into effect its purposes and powers. 976 (11) As a condition to the extending of any benefits under 977 this chapter to, or the performance of work upon, any lands not 978 owned or controlled by this state or any of its agencies, the 979 supervisors may require contributions in money, services, 980 materials, or otherwise to any operations conferring such 981 benefits, and may require landowners and occupiers to enter into 982 and perform such agreements or covenants as to the permanent use 983 of such lands as will tend to prevent or control erosion and 984 prevent floodwater and sediment damages thereon.;985 (12) No provisions with respect to the acquisition, 986 operation, or disposition of property by public bodies of this 987 state shall be applicable to a district organized hereunder 988 unless the Legislature shall specifically so state. The property 989 and property rights of every kind and nature acquired by any 990 district organized under the provisions of this chapter shall be 991 exempt from state, county, and other taxation. 992 Section 37. Section 582.29, Florida Statutes, is amended to 993 read: 994 582.29 State agencies to cooperate.—Agencies of this state 995 which shall have jurisdiction over, or be charged with, the 996 administration of any state-owned lands, and of any county, or 997 other governmental subdivision of the state, which shall have 998 jurisdiction over, or be charged with the administration of, any 999 county-owned or other publicly owned lands, lying within the 1000 boundaries of any district organized under this chapter, the 1001 boundaries of another district subject to that district’s 1002 approval, or territory not contained within the boundaries of 1003 any district organized under this chapter, shall cooperate to 1004 the fullest extent with the supervisors of such districts in the 1005 effectuation of programs and operations undertaken by the 1006 supervisors under the provisions of this chapter. The 1007 supervisors of such districts shall be given free access to 1008 enter and perform work upon such publicly owned lands. The 1009 provisions of land use regulations adopted shall be in all 1010 respects observed by the agencies administering such publicly 1011 owned lands. 1012 Section 38. Subsection (3) of section 582.30, Florida 1013 Statutes, is amended, and subsections (4) and (5) are added to 1014 that section, to read: 1015 582.30 Discontinuance of districts; referendum; 1016 commissioner’s authority.— 1017 (3) In the alternative,upon review and recommendation of1018the Soil and Water Conservation Council regarding the continued1019viability of a district,the Commissioner of Agriculture may 1020 dissolve or discontinue asuchdistrict if:the commissioner1021certifies that the continued operation of the district is not1022administratively practicable and feasible.1023 (a) Upon review and recommendation of the Soil and Water 1024 Conservation Council, the council determines that the continued 1025 operation of the district is not administratively practicable 1026 and feasible under the provisions of this chapter; 1027 (b) TheIf Adistrict failshas failedto comply with any 1028of theaudit orandfinancial reporting requirementrequirements1029 of chapter 189, or fails to comply with any requirement of s. 1030 582.20(1)–(9), andthe commissioner, after review and1031confirmation bythe department’s inspector general reviews and 1032 confirms in writing that the district has failed to comply with 1033 such requirement; or, may certify dissolution or discontinuance1034of such district without prior review and recommendation of the1035Soil and Water Conservation Council.1036 (c) The department receives a resolution adopted by the 1037 supervisors of the district requesting that the commissioner 1038 issue a certificate determining that the continued operation of 1039 the district is not administratively practicable and feasible 1040 under the provisions of this chapter. 1041 (4) If the requirements for dissolution or discontinuance 1042 of a district are satisfied under subsection (1), subsection 1043 (2), or subsection (3), the department shall publish notice of a 1044suchproposed certification determining that the continued 1045 operation of the district is not administratively practicable 1046 and feasible under the provisions of this chapter. The noticeof1047dissolution or discontinuanceshall be published once a week for 1048 2 weeks in a newspaper of general circulation within the county 1049 or counties in whichwhereinthe district is located, stating 1050 the name of the district and a general description of the 1051 territory included in the district, and requiring that any 1052 comments or objections to the proposed certification, 1053dissolutionor any claims against the assets of the district, 1054 must be filed with the department clerk not later than 60 days 1055 afterfollowingthe date of last publication. 1056 (5)(a) Upon expiration of the 60-day period after the date 1057 of last publication, the commissioner, upon review of any 1058 comments or objections received under subsection (4), may issue 1059 a certificate determining that the continued operation of the 1060 district is not administratively practicable and feasible under 1061 the provisions of this chapter. 1062 (b) If the commissioner issues a certificate determining 1063 that the continued operation of a district is not 1064 administratively practicable and feasible under the provisions 1065 of this chapter, the department shall file the original 1066 certificate with the Department of State and shall provide a 1067 copy of the certificate to the supervisors of the district at 1068 the district’s principal office designated under s. 1069 582.15(1)(c). 1070 Section 39. Section 582.31, Florida Statutes, is amended to 1071 read: 1072 582.31 Certification of results of referendum; 1073 dissolution.—Upon receipt from the Department of Agriculture and 1074 Consumer Services of a certification that the department has 1075 determined that the continued operation of the district is not 1076 administratively practicable and feasible, pursuant to the 1077 provisions of this chapter, the supervisors shall forthwith 1078 proceed to terminate the affairs of the district. The 1079 supervisors shall dispose of all property belonging to the 1080 district at public auction and shall pay over the proceeds of 1081 such sale to be converted into the State Treasury, which amount 1082 shall be placed to the credit of the districtdepartmentfor the 1083 purpose of liquidating any legal obligations thesaiddistrict 1084 may have at the time of its discontinuance. The supervisors 1085 shall thereupon file an application, duly verified, with the 1086 Department of State for the discontinuance of thesuchdistrict, 1087 and shall transmit with such application the certificate of the 1088 Department of Agriculture and Consumer Services setting forth 1089 the determination of the department that the continued operation 1090 of thesuchdistrict is not administratively practicable and 1091 feasible. The application shall recite that the property of the 1092 district has been disposed of and the proceeds paid over as in 1093 this section provided, and shall set forth a full accounting of 1094 such properties and proceeds of the sale. The Department of 1095 State shall issue to the supervisors a certificate of 1096 dissolution and shall record such certificate in an appropriate 1097 book of record in its office. 1098 Section 40. Section 585.155, Florida Statutes, is repealed. 1099 Section 41. Section 589.03, Florida Statutes, is repealed. 1100 Section 42. Section 589.19, Florida Statutes, is amended to 1101 read: 1102 589.19 Creation of certain state forests; naming of certain 1103 state forests.— 1104 (1) When the Board of Trustees of the Internal Improvement 1105 Trust Fund, any state agency, or any agency created by state 1106 law, authorized to accept reforestation lands in the name of the 1107 state, approves the recommendations of the Florida Forest 1108 ServiceDivision of Forestryin reference to the acquisition of 1109 land and acquiresacquiresuch land, thesaidboard, state 1110 agency, or agency created by state law,may formally designate 1111 and dedicate any area as a reforestation project, or state 1112 forest, and where so designated and dedicated such area shall be 1113 under the administration of the Florida Forest Service,division1114 which isshall beauthorized to manage and administer suchsaid1115 area according to the purpose for which it was designated and 1116 dedicated. 1117 (2) The first state forest acquired by the Board of 1118 Trustees of the Internal Improvement Trust Fund in Baker County 1119 is to be named the John M. Bethea State Forest. This is to honor 1120 Mr. John M. Bethea who was Florida’s fourth state forester and 1121 whose distinguished career in state government spanned 46 years 1122 and who is a native of Baker County. 1123 (3) The state forest managed by the Florida Forest Service 1124Division of Forestryin Seminole County is to be named the 1125 Charles H. Bronson State Forest to honor Charles H. Bronson, the 1126 tenth Commissioner of Agriculture, for his distinguished 1127 contribution to this state’s agriculture and natural resources. 1128 (4)(a) The Florida Forest ServiceDivision of Forestry1129 shall designate one or more areas of state forests as an 1130 “Operation Outdoor Freedoma “Wounded WarriorSpecial Hunt Area” 1131 to honor wounded veterans and servicemembers. The purpose of 1132 such designated areas is to provide special outdoor recreational 1133 opportunities for eligible veterans and servicemembers. 1134 (b) The Florida Forest Servicedivisionshall limit guest 1135 admittance to such designated areas to any person who: 1136 1. Is an active duty member of any branch of the United 1137 States Armed Forces and has a combat-related injury as 1138 determined by his or her branch of the United States Armed 1139 Forces; or 1140 2. Is a veteran who served during a period of wartime 1141 service as defined in s. 1.01(14) or peacetime service as 1142 defined in s. 296.02 and: 1143 a. Has a service-connected disability as determined by the 1144 United States Department of Veterans Affairs; or 1145 b. Was discharged or released from military service because 1146 of a disability acquired or aggravated while serving on active 1147 duty. 1148 (c) The Florida Forest Servicedivisionmay grant 1149 admittance to such designated areas to a person who is not an 1150 eligible veteran or servicemember for purposes of accompanying 1151 an eligible veteran or servicemember who requires the person’s 1152 assistance to use such designated areas. 1153 (d) Funding required for specialized accommodations shall 1154 be provided through the Friends of Florida State Forests Program 1155 created under s. 589.012. 1156 (e) The Florida Forest Servicedivisionmay adopt rules to 1157 administer this subsection. 1158 Section 43. Section 589.277, Florida Statutes, is amended 1159 to read: 1160 589.277 Tree planting programs.— 1161 (1) TheDivision of Forestry of theFlorida Forest Service 1162Department of Agriculture and Consumer Servicesshall administer 1163 federal, state, and privately sponsored tree planting programs 1164 designed to assist private rural landowners and urban 1165 communities. 1166 (2) Contributions from governmental and private sources for 1167 tree planting programs may be accepted into the Federal Grants 1168 Trust Fund or the Incidental Trust Fund of the Florida Forest 1169 Service. 1170 (3) The Florida Forest Service shallDivision of Forestry1171is authorized and directed todevelop and implement guidelines 1172 and procedures under which the financial resources of the fund 1173 allocated for tree planting programs may be utilized for urban 1174 and rural reforestation. 1175 (4) Grants to municipalities, counties, nonprofit 1176 organizations, and qualifying private landowners may be made 1177 from allocated moneys in the fund for the purpose of purchasing, 1178 planting, and maintaining native tree species. 1179 (5) The Florida Forest ServiceDivision of Forestryshall 1180 assist the Department of Education in developing programs that 1181 teach the importance of trees in the urban, rural, and global 1182 environment. 1183 Section 44. Section 590.02, Florida Statutes, is amended to 1184 read: 1185 590.02 Florida Forest Service;Divisionpowers, authority, 1186 and duties; liability; building structures; Florida Center for 1187 Wildfire and Forest Resources Management Training.— 1188 (1) The Florida Forest Servicedivisionhas the following 1189 powers, authority, and duties: 1190 (a) To enforce the provisions of this chapter; 1191 (b) To prevent, detect, suppress, and extinguish wildfires 1192 wherever they may occur on public or private land in this state 1193 and to do all things necessary in the exercise of such powers, 1194 authority, and duties; 1195 (c) To provide firefighting crews, who shall be under the 1196 control and direction of the Florida Forest Servicedivisionand 1197 its designated agents; 1198 (d) To appoint center managers, forest area supervisors, 1199 forestry program administrators, a forest protection bureau 1200 chief, a forest protection assistant bureau chief, a field 1201 operations bureau chief, deputy chiefs of field operations, 1202 district managers, forest operations administrators, senior 1203 forest rangers, investigators, forest rangers, firefighter 1204 rotorcraft pilots, and other employees who may, at the Florida 1205 Forest Service’sdivision’sdiscretion, be certified as forestry 1206 firefighters pursuant to s. 633.35(4). Other provisions of law 1207 notwithstanding, center managers, district managers, forest 1208 protection assistant bureau chief, and deputy chiefs of field 1209 operations shall have Selected Exempt Service status in the 1210 state personnel designation; 1211 (e) To develop a training curriculum for forestry 1212 firefighters which must contain the basic volunteer structural 1213 fire training course approved by the Florida State Fire College 1214 of the Division of State Fire Marshal and a minimum of 250 hours 1215 of wildfire training; 1216 (f) To make rules to accomplish the purposes of this 1217 chapter; 1218 (g) To provide fire management services and emergency 1219 response assistance and to set and charge reasonable fees for 1220 performance of those services. Moneys collected from such fees 1221 shall be deposited into the Incidental Trust Fund of the Florida 1222 Forest Servicedivision; and 1223 (h) To require all state, regional, and local government 1224 agencies operating aircraft in the vicinity of an ongoing 1225 wildfire to operate in compliance with the applicable state 1226 Wildfire Aviation Plan. 1227 (2) The Florida Forest Service’sDivisionemployees, and 1228 the firefighting crews under their control and direction, may 1229 enter upon any lands for the purpose of preventing and 1230 suppressing wildfires and investigating smoke complaints or open 1231 burning not in compliance with authorization and to enforce the 1232 provisions of this chapter. 1233 (3) Employees of the Florida Forest Servicedivisionand of 1234 federal, state, and local agencies, and all other persons and 1235 entities that are under contract or agreement with the Florida 1236 Forest Servicedivisionto assist in firefighting operations as 1237 well as those entities, called upon by the Florida Forest 1238 Servicedivisionto assist in firefighting may, in the 1239 performance of their duties, set counterfires, remove fences and 1240 other obstacles, dig trenches, cut firelines, use water from 1241 public and private sources, and carry on all other customary 1242 activities in the fighting of wildfires without incurring 1243 liability to any person or entity. 1244 (4)(a) The department may build structures, notwithstanding 1245 chapters 216 and 255, not to exceed a cost of $50,000 per 1246 structure from existing resources on forest lands, federal 1247 excess property, and unneeded existing structures. These 1248 structures must meet all applicable building codes. 1249 (b) Notwithstanding s. 553.80(1), the department shall 1250 exclusively enforce the Florida Building Code as it pertains to 1251 wildfire and law enforcement facilities under the jurisdiction 1252 of the department. 1253 (5) The Florida Forest Servicedivisionshall organize its 1254 operational units to most effectively prevent, detect, and 1255 suppress wildfires, and to that end, may employ the necessary 1256 personnel to manage its activities in each unit. The Florida 1257 Forest Servicedivisionmay construct lookout towers, roads, 1258 bridges, firelines, and other facilities and may purchase or 1259 fabricate tools, supplies, and equipment for firefighting. The 1260 Florida Forest Servicedivisionmay reimburse the public and 1261 private entities that it engages to assist in the suppression of 1262 wildfires for their personnel and equipment, including aircraft. 1263 (6) The Florida Forest Servicedivisionshall undertake 1264 privatization alternatives for fire prevention activities 1265 including constructing fire lines and conducting prescribed 1266 burns and, where appropriate, entering into agreements or 1267 contracts with the private sector to perform such activities. 1268 (7) The Florida Forest Servicedivisionmay organize, 1269 staff, equip, and operate the Florida Center for Wildfire and 1270 Forest Resources Management Training. The center shall serve as 1271 a site where fire and forest resource managers can obtain 1272 current knowledge, techniques, skills, and theory as they relate 1273 to their respective disciplines. 1274 (a) The center may establish cooperative efforts involving 1275 federal, state, and local entities; hire appropriate personnel; 1276 and engage others by contract or agreement with or without 1277 compensation to assist in carrying out the training and 1278 operations of the center. 1279 (b) The center shall provide wildfire suppression training 1280 opportunities for rural fire departments, volunteer fire 1281 departments, and other local fire response units. 1282 (c) The center will focus on curriculum related to, but not 1283 limited to, fuel reduction, an incident management system, 1284 prescribed burning certification, multiple-use land management, 1285 water quality, forest health, environmental education, and 1286 wildfire suppression training for structural firefighters. 1287 (d) The center may assess appropriate fees for food, 1288 lodging, travel, course materials, and supplies in order to meet 1289 its operational costs and may grant free meals, room, and 1290 scholarships to persons and other entities in exchange for 1291 instructional assistance. 1292 (e) An advisory committee consisting of the following 1293 individuals or their designees must review program curriculum, 1294 course content, and scheduling: the director of the Florida 1295 Forest ServiceDivision of Forestry; the assistant director of 1296 the Florida Forest ServiceDivision of Forestry; the director of 1297 the School of Forest Resources and Conservation of the 1298 University of Florida; the director of the Division of 1299 Recreation and Parks of the Department of Environmental 1300 Protection; the director of the Division of the State Fire 1301 Marshal; the director of the Florida Chapter of The Nature 1302 Conservancy; the executive vice president of the Florida 1303 Forestry Association; the president of the Florida Farm Bureau 1304 Federation; the executive director of the Fish and Wildlife 1305 Conservation Commission; the executive director of a water 1306 management district as appointed by the Commissioner of 1307 Agriculture; the supervisor of the National Forests in Florida; 1308 the president of the Florida Fire Chief’s Association; and the 1309 executive director of the Tall Timbers Research Station. 1310 (8) The Cross City Work Center shall be named the L. Earl 1311 Peterson Forestry Station. This is to honor Mr. L. Earl 1312 Peterson, Florida’s sixth state forester, whose distinguished 1313 career in state government has spanned 44 years, and who is a 1314 native of Dixie County. 1315 (9)(a) Notwithstanding ss. 273.055 and 287.16, the 1316 department may retain, transfer, warehouse, bid, destroy, scrap, 1317 or otherwise dispose of surplus equipment and vehicles that are 1318 used for wildland firefighting. 1319 (b) All money received from the disposition of state-owned 1320 equipment and vehicles that are used for wildland firefighting 1321 shall be retained by the department. Money received pursuant to 1322 this section is appropriated for and may be disbursed for the 1323 acquisition of exchange and surplus equipment used for wildland 1324 firefighting, and for all necessary operating expenditures 1325 related to such equipment, in the same fiscal year and the 1326 fiscal year following the disposition. The department shall 1327 maintain records of the accounts into which the money is 1328 deposited. 1329 (10)(a) The Florida Forest Servicedivisionhas exclusive 1330 authority to require and issue authorizations for broadcast 1331 burning and agricultural and silvicultural pile burning. An 1332 agency, commission, department, county, municipality, or other 1333 political subdivision of the state may not adopt or enforce 1334 laws, regulations, rules, or policies pertaining to broadcast 1335 burning or agricultural and silvicultural pile burning unless an 1336 emergency order is declared in accordance with s. 252.38(3). 1337 (b) The Florida Forest Servicedivisionmay delegate to a 1338 county or municipality its authority, as delegated by the 1339 Department of Environmental Protection pursuant to ss. 1340 403.061(28) and 403.081, to require and issue authorizations for 1341 the burning of yard trash and debris from land clearing 1342 operations in accordance with s. 590.125(6). 1343 Section 45. Subsection (3) of section 597.0021, Florida 1344 Statutes, is amended to read: 1345 597.0021 Legislative intent.— 1346 (3) It is the intent of the Legislature that the 1347 Aquaculture Review Council isand the Aquaculture Interagency1348Coordinating Council areestablished to provide a means of 1349 communication between the aquaculture industry and the 1350 regulatory agencies. 1351 Section 46. Paragraphs (b) and (d) of subsection (1) of 1352 section 597.003, Florida Statutes, are amended to read: 1353 597.003 Powers and duties of Department of Agriculture and 1354 Consumer Services.— 1355 (1) The department is hereby designated as the lead agency 1356 in encouraging the development of aquaculture in the state and 1357 shall have and exercise the following functions, powers, and 1358 duties with regard to aquaculture: 1359 (b) Coordinate the development, annual revision, and 1360 implementation of a state aquaculture plan. The plan shall 1361 include prioritized recommendations for research and development 1362 as suggested by the Aquaculture Review Council, the Aquaculture1363Interagency Coordinating Council,and public and private 1364 institutional research, extension, and service programs. 1365 (d) Provide staff for the Aquaculture Review Counciland1366the Aquaculture Interagency Coordinating Council. 1367 Section 47. Paragraph (h) of subsection (1) of section 1368 597.004, Florida Statutes, is amended to read: 1369 597.004 Aquaculture certificate of registration.— 1370 (1) CERTIFICATION.—Any person engaging in aquaculture must 1371 be certified by the department. The applicant for a certificate 1372 of registration shall submit the following to the department: 1373 (h) AnOne-hundred dollarannual registration fee of $100. 1374 The annual registration fee is waived for each elementary, 1375 middle, or high school and each vocational school that 1376 participates in the aquaculture certification program. 1377 Section 48. Subsection (1), paragraphs (a) and (b) of 1378 subsection (2), and paragraph (h) of subsection (3) of section 1379 597.005, Florida Statutes, are amended to read: 1380 597.005 Aquaculture Review Council.— 1381 (1) COMPOSITION.—There is created within the department the 1382 Aquaculture Review Council to consist of eightninemembers as 1383 follows: the chair of the State Agricultural Advisory Council or 1384 designee; the chair of the Aquaculture Interagency Coordinating1385Council;and seven additional members to be appointed by the 1386 commissioner, including an alligator farmer, a food fish farmer, 1387 a shellfish farmer, a tropical fish farmer, an aquatic plant 1388 farmer, a representative of the commercial fishing industry, and 1389 a representative of the aquaculture industry at large. Members 1390 shall be appointed for 4-year terms. Each member shall be 1391 selected from no fewer than two or more than three nominees 1392 submitted by recognized statewide organizations representing 1393 each industry segment or the aquaculture industry at large. In 1394 the absence of nominees, the commissioner shall appoint persons 1395 who otherwise meet the qualifications for appointment to the 1396 council. Members shall serve until their successors are duly 1397 qualified and appointed. An appointment to fill a vacancy shall 1398 be for the unexpired portion of the term. 1399 (2) MEETINGS; PROCEDURES; RECORDS.— 1400 (a) The members of the council shall meet at least 1401 quarterly; shall elect a chair, a vice chair, and a secretary,1402and an industry representative to the Aquaculture Interagency1403Coordinating Council; and shall use accepted rules of procedure. 1404 The terms of such officers shall be for 1 year. 1405 (b) The council shall meet at the call of its chair, at the 1406 request of a majority of its membership, at the request of the 1407 department, or at such times as may be prescribed by its rules 1408 of procedure.However, the council shall hold a joint annual1409meeting with the Aquaculture Interagency Coordinating Council.1410 (3) RESPONSIBILITIES.—The primary responsibilities of the 1411 Aquaculture Review Council are to: 1412 (h) For any problem that cannot be solved through simple 1413 cooperation or negotiation, provide an issue analysisto the1414Aquaculture Interagency Coordinating Council andto the chairs 1415 of the legislative agricultureappropriationscommittees. The 1416 analysis shall include, but not be limited to, specific facts 1417 and industry hardships, regulatory provisions, questions 1418 relative to the issue, and suggestions for solving the problem. 1419 Section 49. Section 597.006, Florida Statutes, is repealed. 1420 Section 50. Subsection (3) of section 616.252, Florida 1421 Statutes, is amended to read: 1422 616.252 Florida State Fair Authority; membership; number, 1423 terms, compensation.— 1424 (3) Members of the authority are not entitled to 1425 compensation for their services as members but shall be 1426 reimbursed by the authority for per diem and travel expenses as 1427 provided in s. 112.061and may not be reimbursed for travel1428expenses. Except for the nonvoting youth member, each member may 1429 be compensated for any special or full-time service performed in 1430 the authority’s behalf as officers or agents of the authority. 1431 Section 51. This act shall take effect July 1, 2012.