Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1164
       
       
       
       
       
       
                                Ì169752>Î169752                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2023           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Collins) recommended the following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete lines 121 - 345
    5  and insert:
    6         Section 1. Subsection (19) is added to section 212.08,
    7  Florida Statutes, to read:
    8         212.08 Sales, rental, use, consumption, distribution, and
    9  storage tax; specified exemptions.—The sale at retail, the
   10  rental, the use, the consumption, the distribution, and the
   11  storage to be used or consumed in this state of the following
   12  are hereby specifically exempt from the tax imposed by this
   13  chapter.
   14         (19) FLORIDA FARM TEAM CARD.—
   15         (a) Notwithstanding any other law, a farmer whose property
   16  has been classified as agricultural pursuant to s. 193.461 or
   17  who has implemented agricultural best management practices
   18  adopted by the Department of Agriculture and Consumer Services
   19  pursuant to s. 403.067(7)(c)2. may apply to the department for a
   20  Florida farm tax exempt agricultural materials (TEAM) card to
   21  claim the applicable sales tax exemptions provided in this
   22  section. A farmer may present the Florida farm TEAM card to a
   23  selling dealer in lieu of a certificate or affidavit otherwise
   24  required by this chapter.
   25         (b) The Florida farm TEAM card is subject to the review and
   26  expiration provisions of s. 212.084. The department shall adopt
   27  rules to administer this subsection. The Department of
   28  Agriculture and Consumer Services may take all actions necessary
   29  for the administration, issuance, and distribution of the
   30  Florida farm TEAM cards to farmers registered with the
   31  department.
   32         (c) For items purchased tax exempt pursuant to this
   33  subsection, proof of acceptance by a selling dealer of a Florida
   34  farm TEAM card from a purchaser relieves the selling dealer of
   35  the responsibility of collecting the tax on the sale of such
   36  items, and the department shall look solely to the purchaser for
   37  recovery of the tax if it determines that the purchaser was not
   38  entitled to the exemption.
   39         (d) The Department of Revenue shall accept Florida farm
   40  TEAM card applications beginning on January 1, 2024.
   41         Section 2. (1) The Department of Revenue may, and all
   42  conditions are deemed met to, adopt emergency rules pursuant to
   43  s. 120.54(4), Florida Statutes, for the purpose of implementing
   44  s. 212.08(19), Florida Statutes.
   45         (2) Notwithstanding any other law, emergency rules adopted
   46  pursuant to this section are effective for 6 months after
   47  adoption and may be renewed during the pendency of procedures to
   48  adopt permanent rules addressing the subject of the emergency
   49  rules.
   50         Section 3. Subsection (24) is added to section 213.053,
   51  Florida Statutes, to read:
   52         213.053 Confidentiality and information sharing.—
   53         (24) The department may make available to the Department of
   54  Agriculture and Consumer Services, exclusively for official
   55  purposes, information for the purposes of administering or
   56  issuing the Florida farm TEAM card pursuant to s. 212.08(19).
   57         Section 4. Section 287.0823, Florida Statutes, is created
   58  to read:
   59         287.0823 Preference to commodities grown or produced in
   60  Florida.—
   61         (1) By 2025 or upon expiration of any existing food service
   62  contract, whichever is earlier, all food commodities purchased
   63  by an agency, a state university, a Florida College System
   64  institution, or any contracted food service provider thereof
   65  must be grown or produced in this state when available,
   66  practical, and feasible.
   67         (2) Notwithstanding any other provision of this section,
   68  and to the extent authorized by federal law, such state
   69  agencies, state universities, Florida College System
   70  institutions, and contracted food service providers thereof
   71  shall give preference to food commodities grown or produced in
   72  this state when purchasing food commodities, including farm
   73  products as defined in s. 823.14, of any class, variety, or use
   74  thereof in their natural state or as processed by a farm
   75  operation or processor for the purpose of marketing such
   76  product.
   77         (3) A purchasing agreement, state term contract, or
   78  contract for the purchase of food commodities required to be
   79  awarded to the lowest responsive and responsible vendor may give
   80  preference over other vendors to an otherwise qualified vendor
   81  who agrees to fulfill the contract through the use of food
   82  commodities grown or produced in this state over other vendors,
   83  provided that the price included in the bid, proposal, or reply
   84  for the food commodities grown or produced in this state is not
   85  more than 10 percent greater than the price included in a bid,
   86  proposal, or reply for food commodities grown or produced
   87  outside of this state.
   88         (4) By November 1, 2023, and each November 1 thereafter,
   89  the department shall prepare and submit a report to the Governor
   90  and Cabinet, the President of the Senate, and the Speaker of the
   91  House of Representatives which describes the amount of food
   92  commodities grown or produced in this state which were purchased
   93  according to the requirements of this section. Any agency, state
   94  university, Florida College System institution, or contracted
   95  food service provider thereof that purchases food commodities
   96  shall cooperate with the department to provide the information
   97  required to prepare this report. The report must contain, at a
   98  minimum, all of the following information:
   99         (a) The total expenditures on, and the quantity purchased
  100  of, food commodities by each agency, state university, and
  101  Florida College System institution.
  102         (b)The total expenditures on, and the quantity purchased
  103  of, food commodities grown or produced in this state by each
  104  agency, state university, and Florida College System
  105  institution.
  106         (c) The total expenditures of each agency, state
  107  university, and Florida College System institution on food
  108  commodities grown or produced outside of this state.
  109         (d) A statement and an assessment of the good faith efforts
  110  of, and any failures by, each state agency, state university, or
  111  Florida College System institution, or any contracted food
  112  service provider thereof, to comply with this section.
  113         Section 5. Paragraphs (d), (i), (p), (q), (r), and (bb) of
  114  subsection (1) and subsection (3) of section 500.03, Florida
  115  Statutes, are amended to read:
  116         500.03 Definitions; construction; applicability.—
  117         (1) For the purpose of this chapter, the term:
  118         (d) “Bottled water” means water intended for human
  119  consumption and sealed in a bottle or other container with no
  120  added ingredients, except that it may contain safe and suitable
  121  antimicrobial agents a beverage, as described in 21 C.F.R. part
  122  165 (2006), that is processed in compliance with 21 C.F.R. part
  123  129 (2006).
  124         (i) “Convenience store” means a business that is engaged
  125  primarily in the retail sale of groceries or motor fuels or
  126  special fuels and may offer food services to the public.
  127  Businesses providing motor fuel or special fuel to the public
  128  which also offer groceries or food service are included in the
  129  definition of a convenience store.
  130         (o)(p) “Food establishment” means a factory, food outlet,
  131  or other facility manufacturing, processing, packing, holding,
  132  storing, or preparing food or selling food at wholesale or
  133  retail. The term does not include a business or activity that is
  134  regulated under s. 413.051, s. 500.80, chapter 509, or chapter
  135  601. The term includes tomato packinghouses and repackers but
  136  does not include any other establishments that pack fruits and
  137  vegetables in their raw or natural states, including those
  138  fruits or vegetables that are washed, colored, or otherwise
  139  treated in their unpeeled, natural form before they are
  140  marketed.
  141         (q) “Food outlet” means any grocery store; convenience
  142  store; minor food outlet; meat, poultry, or fish and related
  143  aquatic food market; fruit or vegetable market; food warehouse;
  144  refrigerated storage facility; freezer locker; salvage food
  145  facility; or any other similar place storing or offering food
  146  for sale.
  147         (r) “Food service establishment” means any place where food
  148  is prepared and intended for individual portion service, and
  149  includes the site at which individual portions are provided. The
  150  term includes any such place regardless of whether consumption
  151  is on or off the premises and regardless of whether there is a
  152  charge for the food. The term includes delicatessens that offer
  153  prepared food in individual service portions. The term does not
  154  include schools, institutions, fraternal organizations, private
  155  homes where food is prepared or served for individual family
  156  consumption, retail food stores, the location of food vending
  157  machines, cottage food operations, and supply vehicles, nor does
  158  the term include a research and development test kitchen limited
  159  to the use of employees and which is not open to the general
  160  public.
  161         (bb) “Retail food store” means any establishment or section
  162  of an establishment where food and food products are offered to
  163  the consumer and intended for off-premises consumption. The term
  164  includes delicatessens that offer prepared food in bulk
  165  quantities only. The term does not include establishments which
  166  handle only prepackaged, nonpotentially hazardous foods;
  167  roadside markets that offer only fresh fruits and fresh
  168  vegetables for sale; food service establishments; or food and
  169  beverage vending machines.
  170         (3) For the purpose of this chapter, the selling of food
  171  includes the manufacture, production, processing, packing,
  172  exposure, offer, possession, and holding of any article of food
  173  for sale; the sale, dispensing, and giving of any article of
  174  food; and the supplying to or applying of food in the conduct of
  175  any food establishment.
  176         Section 6. Subsection (1) of section 500.032, Florida
  177  Statutes, is amended to read:
  178         500.032 Declaration of policy and cooperation among
  179  departments.—
  180         (1) The department shall administer and enforce is charged
  181  with the administration and enforcement of this chapter in order
  182  to prevent fraud, harm, adulteration, misbranding, or false
  183  advertising in the preparation, manufacture, storage, or sale of
  184  articles of food. The department shall It is further charged to
  185  enforce the provisions of this chapter relating to the
  186  production, manufacture, transportation, storage, and sale of
  187  food, as well as articles entering into, and intended for use as
  188  ingredients in the preparation of, food.
  189         Section 7. Paragraphs (a), (b), and (e) of subsection (1),
  190  subsection (2), paragraph (a) of subsection (5), and subsection
  191  (8) of section 500.12, Florida Statutes, are amended to read:
  192         500.12 Food permits; building permits.—
  193         (1)(a) A food permit from the department is required of any
  194  person who operates a food establishment or retail food store,
  195  except:
  196         1. Persons operating minor food outlets that sell food that
  197  is commercially prepackaged, not potentially hazardous, and not
  198  time or temperature controlled for safety, if the shelf space
  199  for those items does not exceed 12 total linear feet and no
  200  other food is sold by the minor food outlet.
  201         2. Persons subject to continuous, onsite federal or state
  202  inspection.
  203         3. Persons selling only legumes in the shell, either
  204  parched, roasted, or boiled.
  205         4. Persons selling sugar cane or sorghum syrup that has
  206  been boiled and bottled on a premise located within this the
  207  state. Such bottles must contain a label listing the producer’s
  208  name and street address, all added ingredients, the net weight
  209  or volume of the product, and a statement that reads, “This
  210  product has not been produced in a facility permitted by the
  211  Florida Department of Agriculture and Consumer Services.”
  212         (b) Each food establishment and retail food store regulated
  213  under this chapter must apply for and receive a food permit
  214  before operation begins. An application for a food permit from
  215  the department must be accompanied by a fee in an amount
  216  determined by department rule. The department shall adopt by
  217  rule a schedule of fees to be paid by each food establishment
  218  and retail food store as a condition of issuance or renewal of a
  219  food permit. Such fees may not exceed $650 and must shall be
  220  used solely for the recovery of costs for the services provided,
  221  except that the fee accompanying an application for a food
  222  permit for operating a bottled water plant may not exceed $1,000
  223  and the fee accompanying an application for a food permit for
  224  operating a packaged ice plant may not exceed $250. The fee for
  225  operating a bottled water plant or a packaged ice plant must
  226  shall be set by rule of the department. Food permits are not
  227  transferable from one person or physical location to another.
  228  Food permits must be renewed in accordance with subparagraphs
  229  1., 2., and 3. annually on or before January 1. If an
  230  application for renewal of a food permit is not received by the
  231  department on or before within 30 days after its due date, a
  232  late fee not exceeding $100 must be paid in addition to the food
  233  permit fee before the department may issue the food permit. The
  234  moneys collected must shall be deposited in the General
  235  Inspection Trust Fund.
  236         1. A food permit issued to a new food establishment on or
  237  after September 1, 2023, is valid for 1 calendar year after the
  238  date of issuance and must be renewed annually on or before that
  239  date thereafter.
  240         2. Effective January 1, 2024, a food permit issued before
  241  September 1, 2023, expires on the month and day the initial
  242  permit was issued to the food establishment and must be renewed
  243  annually on or before that date thereafter. The department may
  244  charge a prorated permit fee for purposes of this subparagraph.
  245  
  246  ================= T I T L E A M E N D M E N T ================
  247  And the title is amended as follows:
  248         Delete lines 3 - 40
  249  and insert:
  250         Consumer Services; amending s. 212.08, F.S.;
  251         authorizing farmers whose property meets certain
  252         requirements to apply to the Department of Revenue for
  253         a Florida farm tax exempt agricultural materials
  254         (TEAM) card; providing the purpose of the Florida farm
  255         TEAM card; providing that the Florida farm TEAM card
  256         is subject to certain review and expiration
  257         provisions; requiring the Department of Revenue to
  258         adopt rules; authorizing the Department of Agriculture
  259         and Consumer Services to take certain administrative
  260         actions regarding the Florida farm TEAM card;
  261         requiring the Department of Revenue to accept Florida
  262         farm TEAM card applications beginning on a specified
  263         date; authorizing the Department of Revenue to adopt
  264         emergency rules; providing for the expiration of such
  265         authority; amending s. 213.053, F.S.; authorizing the
  266         Department of Revenue to make certain information
  267         available to the Department of Agriculture and
  268         Consumer Services for the purpose of administering the
  269         Florida farm TEAM card; creating s. 287.0823, F.S.;
  270         requiring by a specified date all food commodities
  271         purchased by certain state entities to be grown or
  272         produced in this state under certain circumstances;
  273         requiring such state entities to give preference to
  274         certain food commodities; authorizing certain
  275         agreements or state contracts to give preference to
  276         certain vendors; requiring the Department of
  277         Management Services to provide an annual report to the
  278         Governor, the Cabinet, and the Legislature by a
  279         specified date; providing requirements for the report;
  280         amending s. 500.03, F.S.; revising and deleting terms;
  281         revising construction regarding the selling of food;
  282         amending s. 500.032, F.S.; requiring the Department of
  283         Agriculture and Consumer Services to administer and
  284         enforce certain provisions relating to the storage of
  285         food; amending s. 500.12, F.S.; revising the types of
  286         entities required to obtain food permits from the
  287         department; conforming provisions to changes made by
  288         the act; requiring food permits to be annually renewed
  289         in accordance with certain provisions ; authorizing
  290         the department to charge a prorated permit fee for
  291         specified purposes; requiring late