Bill Text: FL S1508 | 2010 | Regular Session | Comm Sub

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Bill Title: Department of Agriculture and Consumer Services [WPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Conference Committee [S1508 Detail]

Download: Florida-2010-S1508-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1508 
 
By the Committee on General Government Appropriations; and 
Senator Baker 
601-03212-10                                          20101508c1 
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.; removing 
4         the Division of Dairy Industry within the department; 
5         amending s. 570.29, F.S.; removing the Division of 
6         Dairy Industry, to conform, and adding licensing as a 
7         division within the department; repealing ss. 570.40 
8         and 570.41, F.S., relating to the powers and duties of 
9         the Division of Dairy Industry and the qualifications 
10         and duties of the director of the Division of Dairy 
11         Industry, respectively; amending s. 570.50, F.S.; 
12         adding the inspection of dairy farms, milk plants, and 
13         milk product plants and other specified functions to 
14         the duties of the Division of Food Safety within the 
15         department; reenacting s. 570.18, F.S., relating to 
16         the organization of the Department of Agriculture and 
17         Consumer Services, to incorporate the amendments made 
18         to s. 570.29, F.S., in a reference thereto; amending 
19         s. 570.531, F.S.; providing for the Market 
20         Improvements Working Capital Trust Fund within the 
21         Department of Agriculture and Consumer Services to be 
22         the depository for funds collected by agricultural 
23         marketing facilities; deleting provisions limiting the 
24         use of trust fund moneys to certain costs associated 
25         with agricultural marketing facilities; amending s. 
26         589.08, F.S.; deleting a requirement that the Division 
27         of Forestry within the Department of Agriculture and 
28         Consumer Services pay a portion of the gross receipts 
29         from state forests to certain fiscally constrained 
30         counties for use by the counties for school purposes; 
31         repealing s. 589.081, F.S., relating to payment of a 
32         portion of the gross receipts from Withlacoochee State 
33         Forest and the Goethe State Forest to certain fiscally 
34         constrained counties; providing an effective date. 
35 
36  Be It Enacted by the Legislature of the State of Florida: 
37 
38         Section 1. Subsection (2) of section 20.14, Florida 
39  Statutes, is amended to read: 
40         20.14 Department of Agriculture and Consumer Services. 
41  There is created a Department of Agriculture and Consumer 
42  Services. 
43         (2) The following divisions of the Department of 
44  Agriculture and Consumer Services are established: 
45         (a) Administration. 
46         (b) Agricultural Environmental Services. 
47         (c) Animal Industry. 
48         (d) Aquaculture. 
49         (e) Consumer Services. 
50         (f) Dairy Industry. 
51         (f)(g) Food Safety. 
52         (g)(h) Forestry. 
53         (h)(i) Fruit and Vegetables. 
54         (i)(j) Licensing. 
55         (j)(k) Marketing and Development. 
56         (k)(l) Plant Industry. 
57         (l)(m) Standards. 
58         Section 2. Section 570.29, Florida Statutes, is amended to 
59  read: 
60         570.29 Departmental divisions.—The department shall include 
61  the following divisions: 
62         (1) Administration. 
63         (2) Agricultural Environmental Services. 
64         (3) Animal Industry. 
65         (4) Aquaculture. 
66         (5) Consumer Services. 
67         (6) Dairy Industry. 
68         (6)(7) Food Safety. 
69         (7)(8) Forestry. 
70         (8)(9) Fruit and Vegetables. 
71         (9) Licensing. 
72         (10) Marketing and Development. 
73         (11) Plant Industry. 
74         (12) Standards. 
75         Section 3. Section 570.40, Florida Statutes, is repealed. 
76         Section 4. Section 570.41, Florida Statutes, is repealed. 
77         Section 5. Section 570.50, Florida Statutes, is amended to 
78  read: 
79         570.50 Division of Food Safety; powers and duties.—The 
80  duties of the Division of Food Safety include, but are not 
81  limited to: 
82         (1) Enforcing those provisions of chapter 585, and the 
83  rules adopted under that chapter, relating to the inspection of 
84  meat and the antemortem and postmortem inspection of poultry. 
85         (2) Conducting those general inspection activities relating 
86  to food and food products being processed, held, or offered for 
87  sale in this state and enforcing those provisions of chapters 
88  500, 501, 502, 503, 531, 583, 585, 586, and 601 relating to 
89  foods as authorized by the department. 
90         (3) Analyzing samples of foods offered for sale in this 
91  state as required under chapters 500, 501, 502, 503, 585, 586, 
92  and 601. 
93         (4) Investigating, evaluating, and developing new or 
94  improved methodology to enhance the analytical capability and 
95  efficiency of all divisional laboratories and performing other 
96  related analyses as deemed necessary. 
97         (5) Analyzing food and feed samples offered for sale in the 
98  state for chemical residues as required under the adulteration 
99  sections of chapters 500 and 580. 
100         (6)Â Inspecting dairy farms of the state, enforcing those 
101  provisions of chapter 502 as are authorized by the department 
102  and relating to the supervision of milking operations, and 
103  enforcing rules adopted pursuant to such law. 
104         (7)Â Inspecting milk plants, milk product plants, and plants 
105  engaged in the manufacture and distribution of frozen desserts 
106  and frozen desserts mix; analyzing and testing samples of milk, 
107  milk products, frozen desserts, and frozen desserts mix 
108  collected by it; and enforcing those provisions of chapters 502 
109  and 503 as are authorized by the department. 
110         Section 6. For the purpose of incorporating the amendment 
111  made by this act to section 570.29, Florida Statutes, in a 
112  reference thereto, section 570.18, Florida Statutes, is 
113  reenacted to read: 
114         570.18 Organization of departmental work.—In the assignment 
115  of functions to the 12 divisions of the department created in s. 
116  570.29, the department shall retain within the Division of 
117  Administration, in addition to executive functions, those powers 
118  and duties enumerated in s. 570.30. The department shall 
119  organize the work of the other 11 divisions in such a way as to 
120  secure maximum efficiency in the conduct of the department. The 
121  divisions created in s. 570.29 are solely to make possible the 
122  definite placing of responsibility. The department shall be 
123  conducted as a unit in which every employee, including each 
124  division director, is assigned a definite workload, and there 
125  shall exist between division directors a spirit of cooperative 
126  effort to accomplish the work of the department. 
127         Section 7. Section 570.531, Florida Statutes, is amended to 
128  read: 
129         570.531 Market Improvements Working Capital Trust Fund. 
130  There is hereby created within the department the Market 
131  Improvements Working Capital Trust Fund. The fund is established 
132  as the sole depository for funds collected by, or appropriated 
133  for, agricultural marketing facilities. Only costs associated 
134  with the operation, maintenance, and expansion of agricultural 
135  marketing facilities shall be paid from the fund. 
136         Section 8. Section 589.08, Florida Statutes, is amended to 
137  read: 
138         589.08 Land acquisition restrictions.— 
139         (1) The Division of Forestry may not shall enter into an no 
140  agreement for the acquisition, lease, or purchase of any land or 
141  for any other purpose whatsoever which pledges shall pledge the 
142  credit of, or obligates obligate in any manner whatsoever, the 
143  state to pay any sum of money or other thing of value for such 
144  purpose, and the said division may shall not in any manner or 
145  for any purpose pledge the credit of or obligate the state to 
146  pay any sum of money. 
147         (2) The division may receive, hold the custody of, and 
148  exercise the control of any lands, and set aside into a 
149  separate, distinct and inviolable fund, any proceeds derived 
150  from the sales of the products of such lands, the use thereof in 
151  any manner, or the sale of such lands save the 25 percent of the 
152  proceeds to be paid into the State School Fund as provided by 
153  law. The division may use and apply such funds for the 
154  acquisition, use, custody, management, development, or 
155  improvement of any lands vested in or subject to the control of 
156  the division. After full payment has been made for the purchase 
157  of a state forest to the Federal Government or other grantor, 15 
158  percent of the gross receipts from a state forest shall be paid 
159  to the fiscally constrained county or counties, as described in 
160  s. 218.67(1), in which it is located in proportion to the 
161  acreage located in each county for use by the county or counties 
162  for school purposes. 
163         Section 9. Section 589.081, Florida Statutes, is repealed. 
164         Section 10. This act shall take effect July 1, 2010.