The Florida Senate

570.01  Department created; commissioner.

570.02  Definitions of terms.

570.06  Offices of the department.

570.07  Department of Agriculture and Consumer Services; functions, powers, and duties.

570.0705  Advisory committees.

570.071  Florida Agricultural Exposition; responsibility of Departments of Agriculture and Consumer Services and Corrections.

570.072  Commodity distribution; responsibility of department; functions.

570.0725  Food recovery; legislative intent; department functions.

570.073  Department of Agriculture and Consumer Services, law enforcement officers.

570.074  Department of Agriculture and Consumer Services; water policy coordination.

570.09  Assistant commissioner.

570.091  Deputy commissioners.

570.092  Inspector general.

570.10  Counsel.

570.11  Directors; oath of office.

570.12  Other officers and employees.

570.13  Salary of commissioner, officers, and employees; expenses.

570.14  Seal of department.

570.15  Access to places of business and vehicles.

570.16  Interference with department employees in performance of duties.

570.17  Division of work between department and experiment station and extension service.

570.18  Organization of departmental work.

570.191  Agricultural Emergency Eradication Trust Fund.

570.1911  Notice of certification of agricultural emergency.

570.1912  Funding of Agricultural Emergency Eradication Trust Fund.

570.20  General Inspection Trust Fund.

570.205  Federal Law Enforcement Trust Fund.

570.21  Publication of department's bulletins, publications, and reports.

570.22  Service of process.

570.23  State Agricultural Advisory Council.

570.235  Pest Exclusion Advisory Committee.

570.241  Short title.

570.242  Definitions.

570.243  Agricultural Economic Development Program; legislative intent.

570.244  Department of Agriculture and Consumer Services; powers and duties.

570.245  Interaction with other economic development agencies and groups.

570.246  Agricultural economic development funding.

570.247  Promulgation of rules.

570.248  Agricultural Economic Development Project Review Committee; powers and duties.

570.29  Departmental divisions.

570.30  Division of Administration; powers and duties.

570.31  Director; duties.

570.32  Division of Plant Industry; powers and duties.

570.33  Director; qualifications; duties.

570.34  Plant Industry Technical Council.

570.36  Division of Animal Industry; powers and duties.

570.37  Director; qualifications; duties.

570.38  Animal Industry Technical Council.

570.381  Appaloosa racing; breeders' awards; Appaloosa Advisory Council; horse registration fees; Florida Appaloosa Racing Promotion Fund.

570.382  Arabian horse racing; breeders' and stallion awards; Arabian Horse Council; horse registration fees; Florida Arabian Horse Racing Promotion Fund.

570.40  Division of Dairy Industry; powers and duties.

570.41  Director; qualifications; duties.

570.42  Dairy Industry Technical Council.

570.44  Division of Agricultural Environmental Services; powers and duties.

570.45  Director; duties.

570.46  Division of Standards; powers and duties.

570.47  Director; qualifications; duties.

570.48  Division of Fruit and Vegetables; powers and duties; records.

570.481  Fruit and vegetable inspection fees; penalty.

570.49  Director; duties.

570.50  Division of Food Safety; powers and duties.

570.51  Director; qualifications; duties.

570.53  Division of Marketing and Development; powers and duties.

570.531  Market Improvements Working Capital Trust Fund.

570.54  Director; duties.

570.541  Racing quarter horses; Racing Quarter Horse Advisory Council.

570.542  Short title.

570.543  Florida Consumers' Council.

570.544  Division of Consumer Services; director; powers; processing of complaints; records.

570.545  Unsolicited goods; no obligation on part of recipient.

570.548  Division of Forestry; powers and duties.

570.549  Director; duties.

570.55  Identification of sellers or handlers of tropical or subtropical fruit and vegetables; containers specified; penalties.

570.901  Florida Agricultural Museum.

570.902  Definitions.

570.903  Direct-support organization.

570.91  Florida agriculture in the classroom.

570.912  Direct-support organization.

570.951  Florida Agriculture Center and Horse Park; legislative findings.

570.952  Florida Agriculture Center and Horse Park Authority.

570.953  Agriculture Center and Horse Park Authority; donor identity; records; confidentiality.

570.01  Department created; commissioner.--There is hereby created a department of the government of this state to be known as the "Department of Agriculture and Consumer Services." The affairs of the department shall be transacted under the control of the Commissioner of Agriculture.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106.

570.02  Definitions of terms.--The following words and phrases as used in this chapter and in the agricultural laws of this state, unless the context otherwise requires, shall have the meanings respectively ascribed to them in this section:

(1)  "Agriculture" means the science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use and their disposal by marketing or otherwise, and includes aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production. For the purposes of marketing and promotional activities, seafood shall also be included in this definition.

(2)  "Agricultural business products" means nonconsumable products used in the producing, processing, distribution, and marketing of consumable farm products, including, but not limited to, machinery, equipment, and supplies.

(3)  "Agricultural marketing facilities" means state-owned wholesale and retail markets managed by the Bureau of State Farmers' Market.

(4)  "Commissioner" means the Commissioner of Agriculture.

(5)  "Department" means the Department of Agriculture and Consumer Services.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 215, ch. 71-377; s. 1, ch. 87-36; s. 1, ch. 88-341; s. 5, ch. 92-291; s. 1, ch. 93-169; s. 11, ch. 94-335; s. 21, ch. 96-247; s. 1182, ch. 97-103.

570.06  Offices of the department.--The principal office of the department shall be located at the seat of state government. Branch offices may be established and maintained by the department in such places as the commissioner may determine. The offices shall be supplied with all necessary books, stationery, office equipment and furniture, to be furnished and paid for in the manner provided by law.

History.--s. 1, ch. 59-54.

570.07  Department of Agriculture and Consumer Services; functions, powers, and duties.--The department shall have and exercise the following functions, powers, and duties:

(1)  To inquire into the needs of agriculture in the state and make appropriate recommendations to the Governor and the Legislature, except for those functions specifically assigned under state law to other state agencies.

(2)  To perform all regulatory and inspection services relating to agriculture except agricultural education, demonstration, research, and those regulatory functions assigned by law to other state agencies. In doing this, the department may:

(a)  Inspect for violations of and enforce all federal standards applicable to the responsibilities of the department, which were adopted for uniform application to protect the public health, safety, and welfare.

(b)  Enforce federal marketing orders identified in a cooperative agreement between the department and the United States Department of Agriculture.

(c)  Apply generally accepted analytical technologies and validated methods in determining compliance with federal standards enforced pursuant to this subsection, statutes, and rules of the department.

(d)  Impose a fine, as provided in s. 500.121, for a violation of a federal standard enforced pursuant to this subsection. In imposing any fine or sanction, whether authorized by this paragraph or by any other law, the department shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the monetary benefit to the violator, whether the violation was willful, and the violator's compliance record.

(3)  To make investigations, conduct hearings, and make recommendations concerning all matters relating to the powers, duties, and functions of the department as provided by law.

(4)  To cooperate with the United States Department of Agriculture and any other state or federal agency in any manner which may be helpful to agriculture in obtaining and disseminating production statistics and market and trade information concerning demand, supply, prevailing prices, and commercial movements of agricultural products and extent of products in storage. The department may compile, publish, and disseminate information and pertinent data on crops, livestock, poultry, and agricultural products and may provide matching funds with other agencies, local, state, or national, for the conduct of these services.

(5)  To annually fix inspection and license fees and recording and service charges within maximum limits provided by law to pay the cost of the service performed, to pay the cost of maintenance of reasonable reserves for contingencies, including cost of depository, accounting, disbursement, auditing, and rental of quarters and facilities furnished by the state, and to pay compensation to fruit and vegetable inspectors for work in excess of 40 hours per week at the same rate of pay as received for normal work hours when compensatory time cannot be given as reimbursement for overtime work.

(6)  To foster and encourage the standardizing, grading, inspection, labeling, handling, storage, and marketing of agricultural products; and, after investigation and public hearings, to cooperate with the United States Department of Agriculture, to establish and promulgate standard grades and other standard classifications of and for agricultural products.

(7)  To extend in every practicable way the distribution and sale of Florida agricultural products throughout the markets of the world.

(8)  To promote, in the interest of the producer, the distributor, and the consumer, the economical and efficient distribution of agricultural products of this state; and to cooperate with the Department of Commerce of the United States and any other department or agency of the federal or state government for this purpose.

(9)  To obtain and furnish information: relating to the selection of shipping routes, adoption of shipping methods, or avoidance of delays in the transportation of agricultural products; or helpful in the solution of other transportation problems connected with the distribution of agricultural products.

(10)  To act as adviser to producers and distributors, when requested, and to assist them in the economical and efficient distribution of their agricultural products and to encourage cooperative effort among producers to gain economical and efficient production of agricultural products.

(11)  To foster and encourage cooperation between producers and distributors in the interest of the general public.

(12)  To act as a mediator or arbitrator in any controversy or issue between producers and distributors of any agricultural products concerning the grade or classification of such products.

(13)  To protect the agricultural and horticultural interests of the state; and, to that end, it shall enforce those functions, powers, and duties given to it in chapter 581 and all other laws relating thereto.

(14)  To inspect apiaries for diseases inimical to bees and beekeeping and enforce the laws relating thereto.

(15)  To protect the livestock interests of the state; and, to that end, it shall enforce those functions, powers, and duties given to it in chapter 585 and all other laws relating thereto.

(16)  To enforce the state laws and rules relating to:

(a)  Fruit and vegetable inspection and grading;

(b)  Pesticide spray, residue inspection, and removal;

(c)  Registration, labeling, inspection, and analysis of commercial stock feeds and commercial fertilizers;

(d)  Classification, inspection, and sale of poultry and eggs;

(e)  Registration, inspection, and analysis of gasolines and oils;

(f)  Registration, labeling, inspection, and analysis of pesticides;

(g)  Registration, labeling, inspection, germination testing, and sale of seeds, both common and certified;

(h)  Weights, measures, and standards;

(i)  Foods, as set forth in the Florida Food Safety Act;

(j)  Inspection and certification of honey;

(k)  Sale of liquid fuels;

(l)  Licensing of dealers in agricultural products;

(m)  Administration and enforcement of all regulatory legislation applying to milk and milk products, ice cream, and frozen desserts;

(n)  Recordation and inspection of marks and brands of livestock; and

(o)  All other regulatory laws relating to agriculture.

(17)(a)  To receive and compile reports on all fruits, vegetables, and other farm products grown in the state, and publish them in a state press that will do so without cost;

(b)  To obtain and disseminate information on carriers' rates;

(c)  To collect information on additional market centers and their capacities;

(d)  To keep and compile a statement of all shipments moving out of the state;

(e)  To keep farmers and producers posted as to the exact conditions existing in the state and the markets of the country;

(f)  To cooperate with the United States Government in establishing and maintaining a market news system;

(g)  To issue bulletins or other information advising the best method for picking, packing, packaging, and distributing agricultural products and to study all conditions as affecting other states;

(h)  To keep in touch with the Department of Agriculture in Washington, D.C., to advise our people what crops to plant or not plant, what markets are overstocked, and through a system of cooperation to aid in development of agricultural interests and protection of Florida's producers;

(i)  To devise such methods as will best carry forward this work, such as inspection of packages and other measures that conform to the marketing system of the Department of Agriculture in Washington;

(j)  To publish or issue bulletins listing items for sale or exchange, or wanted by farmers; and

(k)  To do all that can be done to bring relief to and aid in the marketing and distribution of Florida's products.

(18)(a)  To instruct the industry in the standardization, grading, packing, processing, loading, refrigeration, routing, diversion, and distribution of farm products;

(b)  To carry out research or cooperate with other state or federal agricultural agencies on research work in marketing;

(c)  To provide any other information and assistance necessary to the efficient selling of farm products;

(d)  To acquire suitable sites and erect necessary marketing facilities and properly equip, maintain, and operate them for the handling of all staple field crops, meats, fruits and vegetables, poultry and dairy products, and all farm and home products and for selling and loading livestock and other activities determined to be beneficial to the production or sale of agricultural products and to lease this space;

(e)  To store or refrigerate any meats, vegetables, fruits, poultry, or dairy products; and

(f)  To employ managers and other help as may be necessary to operate the plants and market products and to charge for these services in an amount sufficient to cover their costs.

(19)  To protect the dairy interests of the state; and, to that end, it shall enforce those functions, powers, and duties given to it in chapters 502 and 503.

(20)(a)  To stimulate, encourage, and foster the production and consumption of agricultural and agricultural business products;

(b)  To conduct activities that may foster a better understanding and more efficient cooperation among producers, dealers, buyers, food editors, and the consuming public in the promotion and marketing of Florida's agricultural and agricultural business products; and

(c)  To sponsor trade breakfasts, luncheons, and dinners and distribute promotional materials and favors in connection with meetings, conferences, and conventions of dealers, buyers, food editors, and merchandising executives that will assist in the promotion and marketing of Florida's agricultural and agricultural business products to the consuming public.

The department is authorized to receive and expend donations contributed by private persons for the purpose of covering costs associated with the above described activities.

(21)  To declare an emergency when one exists in any matter pertaining to agriculture; to make, adopt, and promulgate rules and issue orders which will be effective during the term of the emergency; and to issue or require to be issued food safety information, pertaining to the emergency, that is based on reliable scientific facts and reliable scientific data.

(22)  To hold hearings, administer oaths, subpoena witnesses and documents, and take testimony in all matters relating to the exercise and performance of the powers and duties of the department. Upon the failure or refusal of any witness to obey any subpoena, the department may petition the circuit court having jurisdiction in the county within which the seat of government is located; and, upon proper showing, the court shall enter an order compelling the witness to appear and testify or produce documentary evidence. The failure to obey the order of the court is punishable as a contempt of court.

(23)  To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it.

(24)  To promulgate rules pertaining to the inspection of quality, the truthful and honest branding of each package shipped, and the prohibiting of any shipper having the benefit of shipping through the facilities of the department who does not strictly observe and obey such rules in the preparation, packing, and shipping of his or her agricultural products.

(25)  With the approval of a majority of the Board of Trustees of the Internal Improvement Trust Fund, to sell, exchange, convey, or otherwise dispose of any real property owned or held by it when, in its judgment, the property is not needed for the purpose for which the property was held and cannot be put to any other beneficial use by the department. A deed to any real property owned or held by the department, duly executed by the department and witnessed by a majority of the board of trustees, is sufficient to convey all the right, title, and interest of the department or of the state in and to the property described.

(26)  To sell, exchange, convey, or otherwise dispose of any personal property and lease any real property owned or held by the department when, in its judgment, the property is not needed for the purpose for which the property was held and cannot be put to any other beneficial use by the department; and to seek, locate, receive, acquire, collect, preserve, exchange, sell, shelter, and exhibit artifacts, relics, and historic items reflective of the history of Florida agriculture.

(27)  To incur expenses for membership dues in the national and southern associations of state departments of agriculture and other organizations affiliated with agriculture and for presentment of plaques and framed certificates for outstanding service.

(28)  For pollution control purposes, to regulate open burning connected with rural land-clearing, agricultural, or forestry operations, except fires for cold or frost protection.

(29)  To advance funds monthly to career service employees to be used for the purchase of official state samples for state examination. Each monthly advance shall be in an amount equal to one-twelfth of the actual expenses paid the position for samples in the previous fiscal year or, in the case of a new position, one-twelfth of the expenses paid for samples of a similar classification in the previous fiscal year; however, in the event of unusual circumstances, such advances may be increased for a period not to exceed 60 days. Advances shall be granted only to career service employees who have executed a proper power of attorney with the department to ensure the collection of such advances if not timely repaid.

(30)  In conjunction with its inspection duties under chapters 487, 525, and 576, to notify the Department of Environmental Protection of any tank subject to the registration requirements of chapter 17-61, Florida Administrative Code, for which proof of valid registration is not displayed on the tank, on the dispensing or measuring device connected to it, or, where appropriate, in the office or kiosk of the facility where the tank is located.

(31)  To coordinate its programs to maximize the efficient and strategic use of its resources and to provide information to the consuming public.

(32)  To receive and accept grants, gifts, and donations to further the mission of the department, except as provided in s. 112.3148.

(33)  To assist local volunteer and nonprofit organizations in soliciting, collecting, packaging, or delivering surplus fresh fruit and vegetables for distribution in accordance with s. 570.0725. The department also may coordinate the development of food recovery programs in the production areas of the state using local volunteer and nonprofit organizations.

(34)  To adopt policies creating, and providing for the operation of, an employees' benefit fund.

History.--s. 1, ch. 59-54; s. 1, ch. 61-407; s. 1, ch. 67-77; ss. 14, 27, 35, ch. 69-106; s. 1, ch. 69-348; s. 1, ch. 71-340; s. 4, ch. 77-114; s. 1, ch. 77-216; s. 6, ch. 78-95; s. 1, ch. 78-396; s. 3, ch. 84-72; s. 32, ch. 86-159; s. 1, ch. 87-78; s. 2, ch. 88-341; s. 1, ch. 90-323; s. 2, ch. 92-4; s. 9, ch. 92-151; s. 6, ch. 92-291; s. 2, ch. 93-169; s. 1, ch. 94-234; s. 12, ch. 94-335; s. 462, ch. 94-356; s. 35, ch. 97-98; s. 885, ch. 97-103; s. 187, ch. 98-200; s. 6, ch. 98-396.

Note.--Former ss. 570.35, 570.39, 570.08.

570.0705  Advisory committees.--From time to time the commissioner may appoint any advisory committee to assist the department with its duties and responsibilities.

(1)  An advisory committee may exist for no more than 3 years, but may be reestablished as necessary.

(2)  Each person serving on an advisory committee shall serve at the pleasure of the commissioner.

(3)  On January 1 of each year the commissioner shall submit to the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of the Senate and the House of Representatives a list of each advisory committee established in the department.

(4)  Each advisory committee, whether created by the commissioner or the Legislature, including technical councils, shall be governed by the following provisions, in addition to those specified for that committee:

(a)  Composition.--Membership and appointments of advisory committees shall be made by the commissioner in accordance with the criteria set forth in the provisions establishing the committee.

(b)  Powers and duties.--Each advisory committee shall have the power and duty to:

1.  Consider and study the entire field relating to its area of responsibility.

2.  Consider all matters submitted to it by the commissioner or the division directors.

3.  Submit proposed legislation and rules to the commissioner.

4.  Advise and consult with the commissioner and the division directors of the department, at their request or upon its own initiative, regarding the promulgation, administration, and enforcement of all laws and rules relating to its area of responsibility.

5.  Suggest policies and practices for the conduct of departmental business which shall be duly considered by the commissioner or division directors.

(5)  The advisory committee shall meet at least annually and elect a chair, a vice chair, and a secretary for 1-year terms.

(6)  Each advisory committee shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at the times prescribed by its rules of procedure.

(7)  The department shall provide administrative and staff support services to the committee and shall provide suitable space in the offices of the department for the meetings and records of the committee.

(8)  In conducting its meetings, each advisory committee shall use accepted rules of procedure. The secretary shall keep a complete record of the proceedings of each meeting, which shall show the names of the members present and the actions taken. These records shall be kept on file with the department, and records and other documents about matters within the jurisdiction of the advisory committee shall be subject to inspection by the members of the advisory committee.

(9)  A majority of the members shall constitute a quorum, and action by a majority of a quorum shall be official.

(10)  Members of each advisory committee shall receive no compensation for their services, but shall be entitled to reimbursement for per diem and travel expenses as provided in s. 112.061.

History.--s. 9, ch. 92-151; s. 2, ch. 93-169; s. 12, ch. 94-335; s. 886, ch. 97-103.

Note.--Former s. 570.07(33), (34).

570.071  Florida Agricultural Exposition; responsibility of Departments of Agriculture and Consumer Services and Corrections.--

(1)  The Department of Agriculture and Consumer Services and the Department of Corrections are authorized to construct and equip an agricultural exposition center in the vicinity of Belle Glade in Palm Beach County to be known as "Florida Agricultural Exposition," to be administered by the Department of Agriculture and Consumer Services as a place to demonstrate and sell Florida agricultural and agriculture business products; to attract and inform buyers; to conduct agricultural short courses and conferences; to organize tours in the aid of marketing Florida agricultural products to the domestic, Latin American, and other foreign markets; and to train prisoners of the correctional institutions of the state in agricultural labor and management.

(2)  To accomplish the purpose of this section, the Department of Agriculture and Consumer Services and Department of Corrections are authorized to receive donations of funds from growers and dealers of agricultural products and their groups and associations, manufacturers and dealers of agriculture business products and their groups and associations thereof, the Federal Government, and other sources. The funds shall be deposited in the State Treasury in a separate trust.

(3)  Further, to accomplish the purpose of this section, the Department of Agriculture and Consumer Services is authorized to expend up to $25,000 from the funds of the department, if available.

History.--s. 1, ch. 69-177; ss. 14, 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 10, ch. 77-120; s. 17, ch. 79-3; s. 3, ch. 93-169.

570.072  Commodity distribution; responsibility of department; functions.--

(1)(a)  The department shall conduct, supervise, and administer all commodity distribution services that will be carried on using federal or state funds, or funds from any other source, or commodities received and distributed from the United States or any of its agencies.

(b)  The department shall determine the benefits each applicant or recipient of assistance is entitled to receive under this chapter, provided that each applicant or recipient is a resident of this state and a citizen of the United States or is an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.

(2)  The department shall cooperate fully with the United States Government and its agencies and instrumentalities so that the department may receive the benefit of all federal financial allotments and assistance possible to carry out the purposes of this chapter.

(3)  The department may:

(a)  Accept any duties with respect to commodity distribution services as are delegated to it by an agency of the Federal Government or any state, county, or municipal government;

(b)  Act as agent of, or contract with, the Federal Government, state government, or any county or municipal government in the administration of commodity distribution services to secure the benefits of any public assistance that is available from the Federal Government or any of its agencies, and in the distribution of funds received from the Federal Government, state government, or any county or municipal government for commodity distribution services within the state; and

(c)  Accept from any person or organization all offers of personal services, commodities, or other aid or assistance.

(4)  This chapter does not limit, abrogate, or abridge the powers and duties of any other state agency.

History.--s. 54, ch. 92-58; s. 4, ch. 93-169.

570.0725  Food recovery; legislative intent; department functions.--

(1)  The Legislature finds that:

(a)  Millions of pounds of surplus and slightly blemished fresh fruit and vegetables are destroyed each year, while many ¹residents of this state go each day without food.

(b)  Food recovery programs can beneficially aid residents of this state who lack the means to purchase fresh fruit and vegetables by providing such surplus food to governmental agencies and local volunteer and nonprofit organizations for distribution to those in need, rather than continuing to see it destroyed.

(c)  The state, through the Commissioner of Agriculture, should assist food recovery programs, when needed, to aid in their establishment and to support their continued and efficient operation.

(2)  A food recovery program is a local, volunteer-based organization near an agricultural production area of the state that is established for the exclusive purpose of soliciting, collecting, packaging, and delivering surplus fresh fruit and vegetables for distribution in communities throughout the state. Distribution of the food to the needy would be accomplished by governmental agencies and volunteer and nonprofit organizations.

(3)  In helping to coordinate the establishment of food recovery programs, the department may:

(a)  Identify suppliers, volunteers, and nonprofit organizations in the community to ascertain the level of interest in establishing a food recovery program.

(b)  Provide facilities and other resources for initial organizational meetings.

(c)  Provide direct and indirect support for the fledgling program, upon demonstration of serious interest at the local level.

(4)  The department may provide direct and indirect support to food recovery programs that are unable to obtain specific assistance from their communities or other sources by loaning equipment, facilities, and staff resources for the collection, packaging, storage, and transportation of donated food, as needed.

(5)  The department shall account for the direct and indirect costs associated with supporting food recovery programs throughout the state. It shall submit a report to the President of the Senate and the Speaker of the House of Representatives by November 1, for the previous fiscal year, when state funds are spent for this purpose. The report must include, but need not be limited to, the identity of organizations receiving funds, the amount of funds disbursed to these organizations, other uses of food recovery funds, and estimates of the amount of fresh produce recovered.

(6)  It is the intent of the Legislature that each potential donor, to the greatest extent possible and practicable, make available to any bona fide charitable or nonprofit organization, to any representative or volunteer acting on behalf of such an organization, to an uncompensated person acting in a philanthropic manner providing services similar to those of such an organization, or to a transporter any surplus or excess canned or perishable food for use by such an organization or person to feed homeless persons or other persons who are in need of food and are otherwise unable to provide food for themselves. In achieving this intent, the following provisions must be followed:

(a)  Each donor shall make every reasonable effort to contact bona fide charitable or nonprofit organizations in the community in which the donor operates in order to provide for the collection by such organizations of any surplus or excess canned food or perishable food from the donor.

(b)  Each bona fide charitable or nonprofit organization in this state which provides, as a part of the services that the organization provides to the community in which it operates, food for persons who are in need of food or are otherwise unable to provide food for themselves, or which collects and transports such food to such organizations, shall make every reasonable effort to contact any donors within the organization's area of operations for purposes of collecting any surplus or excess canned food or perishable food for use in providing such services.

(7)  For public information purposes, the department shall develop a public information brochure detailing the need of food recovery programs, the benefit of food recovery programs, the manner in which such organizations may become involved in food recovery programs, the protection afforded to such programs under s. 768.136, and the food recovery entities or food banks that exist in the state. This brochure must be updated annually.

History.--s. 2, ch. 94-234; s. 13, ch. 94-335; s. 1, ch. 98-283.

¹Note.--As created by s. 2, ch. 94-234. The enactment by s. 13, ch. 94-335, used the term "Florida citizens" instead of the term "residents."

¹570.073  Department of Agriculture and Consumer Services, law enforcement officers.--

(1)  The commissioner may create an Office of Agricultural Law Enforcement under the supervision of a senior manager exempt under s. 110.205 in the Senior Management Service. The commissioner may designate law enforcement officers, as necessary, to enforce any criminal law or conduct any criminal investigation relating to any matter over which the department has jurisdiction or which occurs on property owned, managed, or occupied by the department. Those matters include laws relating to:

(a)  Domesticated animals, including livestock, poultry, aquaculture products, and other wild or domesticated animals or animal products.

(b)  Farms, farm equipment, livery tack, citrus or citrus products, or horticultural products.

(c)  Trespass, littering, forests, forest fires, and open burning.

(d)  Damage to or theft of forest products.

(e)  Enforcement of a marketing order.

(f)  Protection of consumers.

(g)  Civil traffic offenses provided for in chapters 316, 320, and 322, subject to the provisions of chapter 318, relating to any matter over which the department has jurisdiction or committed on property owned, managed, or occupied by the department.

(h)  The use of alcohol or drugs which occurs on property owned, managed, or occupied by the department.

(i)  Any emergency situation in which the life, limb, or property of any person is placed in immediate and serious danger.

(j)  Any crime incidental to or related to paragraphs (a) through (i).

(2)  Each law enforcement officer shall meet the qualifications of law enforcement officers under s. 943.13 and shall be certified as a law enforcement officer by the Department of Law Enforcement under the provisions of chapter 943. Upon certification, each law enforcement officer is subject to and shall have the same arrest and other authority provided for law enforcement officers generally in chapter 901 and jurisdiction as provided in subsection (1). Each officer shall also have arrest authority as provided for state law enforcement officers in s. 901.15(11).

(3)  All department law enforcement officers, upon certification under s. 943.1395, shall have the same right and authority to carry arms as do the sheriffs of this state.

(4)  Each law enforcement officer in the state who is certified pursuant to chapter 943 has the same authority as law enforcement officers designated in this section to enforce the laws of this state as described in subsection (1).

History.--s. 7, ch. 92-291; s. 5, ch. 93-169; s. 2, ch. 95-141; s. 42, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

570.074  Department of Agriculture and Consumer Services; water policy coordination.--The commissioner may create an Office of Water Coordination under the supervision of a senior manager exempt under s. 110.205 in the Senior Management Service. The commissioner may designate the bureaus and positions in the various organizational divisions of the department that report to this office relating to any matter over which the department has jurisdiction in matters relating to water policy affecting agriculture, application of such policies, and coordination of such matters with state and federal agencies.

History.--s. 2, ch. 95-317.

¹570.09  Assistant commissioner.--The commissioner shall appoint an assistant commissioner of agriculture, who shall serve at the commissioner's pleasure. Before beginning the duties of the office, the assistant commissioner shall take and subscribe to the same oath of office as required of state officers in s. 5, Art. II of the Florida Constitution. The assistant commissioner shall be a person qualified by training and experience for the performance of the duties of the office.

History.--s. 1, ch. 59-54; s. 33, ch. 69-216; s. 1, ch. 74-204; s. 8, ch. 92-291; s. 41, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

570.091  Deputy commissioners.--The commissioner may appoint no more than three deputy commissioners, who shall serve at the commissioner's pleasure. The deputy commissioners shall be responsible for the duties assigned by the commissioner or assistant commissioner.

History.--s. 9, ch. 92-291; s. 6, ch. 93-169.

570.092  Inspector general.--The commissioner shall appoint an inspector general, who shall be the inspector general as required in s. 20.055, who shall be directly responsible to the commissioner and shall serve at the pleasure of the commissioner. The inspector general shall be responsible for internal affairs investigations, management reviews, and grievances and any other investigations as necessary. The office of the inspector general shall see that all the rules issued by the department are strictly observed by all persons connected with the department. The inspector general and inspectors may enter any place where the department has an office and may review files, consult with employees, or obtain any information as necessary to conduct an investigation. The inspector general and inspectors shall be responsible for criminal and administrative investigation of matters relating to the department.

History.--s. 10, ch. 92-291; s. 6, ch. 95-153.

570.10  Counsel.--

(1)  The department may have a legal staff of full-time attorneys, one of whom shall be general counsel.

(2)  The attorneys of the department shall represent and appear for the department at all actions and proceedings involving any question under this chapter or within the jurisdiction of the department under any general or special law or under or in reference to any act, order, or proceedings of or before the department, and shall, when directed, intervene, if possible, in behalf of the department in any action or proceeding involving or relating to any matter within the jurisdiction or powers of the department.

(3)  The several prosecuting attorneys of the state shall prosecute all criminal violations of the agricultural laws of this state upon the request of the department.

(4)  Counsel shall act as counsel for any officer of the department in the conduct of a hearing, investigation, or inquiry executed under authority of the department or as provided in this chapter; advise any officer of the department, when so requested, in regard to all matters in connection with his or her powers and duties; and perform generally all duties and services as counsel of the department which may be reasonably required of them.

History.--s. 1, ch. 59-54; s. 2, ch. 61-407; ss. 11, 14, 35, ch. 69-106; s. 146, ch. 73-333; ss. 1, 2, ch. 75-252; s. 7, ch. 93-169; s. 887, ch. 97-103.

¹570.11  Directors; oath of office.--Before entering upon the duties of his or her office, each director of the department shall take and subscribe to the same oath of office as required of state officers by s. 5, Art. II of the Florida Constitution. Such oath must be filed with the Department of State.

History.--s. 1, ch. 59-54; s. 33, ch. 69-216; ss. 10, 35, ch. 69-106; s. 8, ch. 93-169; s. 888, ch. 97-103; s. 43, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

570.12  Other officers and employees.--There shall be employed or appointed such agents, inspectors, chemists, experts, statisticians, accountants, stenographers, clerks and other assistants and employees, as the department shall deem necessary for the exercise and the performance of the duties of the department under law. Such officers and employees shall be appointed by the department subject to personnel practices which shall be adopted by it and administered by the Division of Administration. The officers and employees of the department who are employed when this chapter takes effect shall continue their employment during the pleasure of the department.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106.

570.13  Salary of commissioner, officers, and employees; expenses.--

(1)  The annual salary of the commissioner shall be the amount as provided by law. The salaries of the assistant commissioner, counsel, directors, and all other officers and employees of the department shall be fixed by the department within the limits of funds appropriated for them.

(2)  The reasonable and necessary travel and other expenses of the commissioner, assistant commissioner, counsel, directors, and other officers and employees of the department, while actually engaged in the performance of their duties, outside of the City of Tallahassee, or if any such officer or employee be in charge of or regularly employed at a branch office of the department, the reasonable and necessary travel and other expenses outside the place such branch office is located, shall be paid from the State Treasury after audit by the Comptroller of vouchers approved by the department in the amount provided in s. 112.061.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 9, ch. 93-169.

570.14  Seal of department.--The department shall have an official seal which shall be used for the authentication of the orders and proceedings of the department and for such other purposes as the department may prescribe.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 10, ch. 93-169.

570.15  Access to places of business and vehicles.--

(1)(a)  Any duly authorized employee of the department shall have full access at all reasonable hours to inspect:

1.  All:

a.  Places of business;

b.  Factories;

c.  Farm buildings;

d.  Carriages;

e.  Railroad cars;

f.  Trucks;

g.  Motor vehicles, except private passenger automobiles with no trailer in tow, travel trailers, camping trailers, van conversions, and motor homes as defined in s. 320.01(1)(b), or pickup trucks not carrying agricultural, horticultural, or livestock products and which have visible access to the entire cargo area, or city, county, state, or federal vehicles;

h.  Truck and motor vehicle trailers; and

i.  Vessels

which are used or could be used in the production, manufacture, storage, sale, or transportation within the state of any food product; any agricultural, horticultural, or livestock product; or any article or product with respect to which any authority is conferred by law on the department; and

2.  All records or documents pertaining thereto.

(b)  The department may examine and open any package or container of any kind containing or believed to contain any article or product which may be transported, manufactured, sold, or offered for sale in violation of the provisions of this chapter, the rules of the department, or the laws which the department enforces and may inspect the contents and take samples for analysis.

(c)  If access is refused by the owner, agent, manager, or other person in charge of any premises, or by the owner, driver, operator, or other person in charge of any vehicle, the department employee may apply for, obtain, and execute a search warrant for regulatory inspection under the provisions of this section and ss. 933.20-933.30. The provisions of chapter 933 relating to probable cause do not apply to regulatory inspections under this section. Routine inspections of vehicles shall be conducted in accordance with the administrative standards, including neutral criteria, for conducting these inspections set forth by rules of the department.

(2)  It is unlawful for the driver of any vehicle, other than one exempted in sub-subparagraph (1)(a)1.g., to pass any official agricultural inspection station without first stopping and submitting the vehicle for inspection. A violation of this subsection constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3)  Every law enforcement officer is authorized to assist employees of the department in the enforcement of this section. Every law enforcement officer is authorized to stop and detain any vehicle and its driver if the driver has failed to comply with this section until an employee of the department arrives to conduct the inspection required or permitted by law. The law enforcement officer may require the driver to return with the vehicle to the agricultural inspection station where the driver failed to stop the vehicle for inspection.

(4)  No civil or criminal liability shall be imposed upon any person who is authorized to enforce or assist in enforcement of the provisions of this section and who is lawfully engaged in such activity.

History.--s. 1, ch. 59-54; s. 1, ch. 75-215; s. 1, ch. 78-180; s. 1, ch. 79-371; s. 1, ch. 79-587; s. 1, ch. 83-237; s. 11, ch. 93-169; s. 1, ch. 93-270; s. 3, ch. 95-141; s. 36, ch. 97-98; s. 889, ch. 97-103.

570.16  Interference with department employees in performance of duties.--No person shall attempt, by means of any threat or violence, to deter or prevent an inspector, agent, or other employee of the department from performing any duties imposed by law upon him or her or the department. Whoever violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 59-54; s. 584, ch. 71-136; s. 12, ch. 93-169; s. 890, ch. 97-103.

570.17  Division of work between department and experiment station and extension service.--All of the regulatory work of the state relating to the protection of agricultural interests shall be conducted by the department and all of the demonstrational work shall be conducted by the Extension Service of the University of Florida. The experimental and research work pertaining to agriculture shall be conducted by the Experiment Station of the University of Florida.

History.--s. 1, ch. 59-54; s. 3, ch. 61-407; ss. 14, 35, ch. 69-106.

570.18  Organization of departmental work.--In the assignment of functions to the 11 divisions of the department created in s. 570.29, the department shall retain within the Division of Administration, in addition to executive functions, those powers and duties enumerated in s. 570.30. The department shall organize the work of the other 10 divisions in such a way as to secure maximum efficiency in the conduct of the department. The divisions created in s. 570.29 are solely to make possible the definite placing of responsibility. The department shall be conducted as a unit in which every employee, including each division director, is assigned a definite workload, and there shall exist between division directors a spirit of cooperative effort to accomplish the work of the department.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 1, ch. 77-289.

570.191  Agricultural Emergency Eradication Trust Fund.--There is created in the office of the commissioner the Agricultural Emergency Eradication Trust Fund. Funds in the trust fund may be made available upon certification by the commissioner that an agricultural emergency exists and that funds specifically appropriated for the emergency's purpose are exhausted or insufficient to eliminate the agricultural emergency. The term "agricultural emergency" means an animal or plant disease, insect infestation, or plant or pest endangering or threatening the horticultural, aquacultural, or other agricultural interests in this state.

History.--s. 1, ch. 98-110; s. 6, ch. 99-391.

570.1911  Notice of certification of agricultural emergency.--Whenever the Commissioner of Agriculture certifies that an agricultural emergency exists for which funds from the Agricultural Emergency Eradication Trust Fund will be used, the commissioner must notify the Governor, the President of the Senate, and the Speaker of the House of Representatives.

History.--s. 7, ch. 98-114.

570.1912  Funding of Agricultural Emergency Eradication Trust Fund.--There is hereby appropriated from the General Revenue Fund to the Agricultural Emergency Eradication Trust Fund of the Department of Agriculture and Consumer Services the sum of $1,000,000 for fiscal year 1998-1999. In fiscal year 1999-2000 and each year thereafter, there shall be appropriated from the General Revenue Fund to the Agricultural Emergency Eradication Trust Fund an amount equal to the previous year's transfers into the trust fund from ss. 206.606 and 206.608.

History.--s. 8, ch. 98-114.

570.20  General Inspection Trust Fund.--All donations and all inspection fees and other funds authorized and received from whatever source in the enforcement of the inspection laws administered by the department shall be paid into the General Inspection Trust Fund of Florida, which is created in the office of the Treasurer. All expenses incurred in carrying out the provisions of the inspection laws shall be paid from this fund as other funds are paid from the State Treasury. A percentage of all revenue deposited in this fund, including transfers from any subsidiary accounts, shall be deposited in the General Revenue Fund pursuant to chapter 215, except that funds collected for marketing orders shall pay at the rate of 3 percent.

History.--s. 1, ch. 59-54; s. 2, ch. 61-119; s. 4, ch. 61-493; ss. 14, 35, ch. 69-106; s. 9, ch. 83-339; s. 13, ch. 93-169.

570.205  Federal Law Enforcement Trust Fund.--

(1)  The Federal Law Enforcement Trust Fund is created within the Department of Agriculture and Consumer Services. The department may deposit into the trust fund receipts and revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and receipts and revenues received from federal asset-sharing programs. The trust fund is exempt from the service charges imposed by s. 215.20.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

¹(3)  Pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the trust fund shall, unless terminated sooner, be terminated on July 1, 2002. Prior to its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 98-393; s. 2, ch. 99-72.

¹Note.--

A.  Repealed November 4, 2000, by s. 2, ch. 99-72.

B.  Section 1, ch. 99-72, provides that:

"(1)  The Federal Law Enforcement Trust Fund, FLAIR number 42-2-719, which was created within the Department of Agriculture and Consumer Services and which is to be terminated pursuant to Section 19(f), Article III of the State Constitution on July 1, 2002, unless terminated sooner by law, is hereby terminated on November 4, 2000, and re-created.

"(2)  All current balances of the trust fund are carried forward, and all current sources and uses of the trust fund are continued."

570.21  Publication of department's bulletins, publications, and reports.--

(1)  The Divisions of Administration and Marketing and Development may publish bulletins or other publications and reports containing data and statistics and information relating to:

(a)  Agriculture, agricultural production, agricultural labor, and the agricultural conditions of the state, and their development and improvement to increase farm production and values.

(b)  The sources, supply, and prices of food; their storage and accumulation at different places; and the quantity and location of the available supply.

(c)  The market prices of foods.

(d)  Facilities afforded for transportation, marketing, and distribution of foods within the state.

(e)  Matters pertaining generally to the production of foods, food safety, the actual food value of articles used in food, and the sale and distribution to the consumer.

(f)  Investigations, hearings, and inquiries conducted as provided in this chapter; conclusions reached; and the orders and recommendations made.

(g)  Rules and orders of the department.

(h)  Any other matter of an agricultural nature which the department deems proper and that is not within the jurisdiction of the agricultural experiment station, agricultural extension service, or the Division of Economic Development of the ¹Department of Commerce.

(2)  Such bulletins, publications, reports, rules, and orders and the information contained therein shall be published and distributed in the manner deemed best by the department for the dissemination of knowledge as to the agricultural interest of the state and the production, sale, purchase, storage, marketing, and distribution of food, and the economic and food value of articles used as food. The cost of publishing these materials shall be paid in the same manner as other expenses of the department. Copies of these materials may also be sold to the public at their estimated cost, in accordance with a schedule of charges adopted by the department.

History.--s. 1, ch. 59-54; ss. 14, 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 2, ch. 77-289; s. 14, ch. 93-169; s. 2, ch. 93-270.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

570.22  Service of process.--Process against the department shall be served on the commissioner or in the commissioner's absence, on the assistant commissioner.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 891, ch. 97-103.

570.23  State Agricultural Advisory Council.--

(1)  COMPOSITION.--The State Agricultural Advisory Council is hereby created in the department.

(a)  The council shall be composed of 33 members with an alternate for each member. Members and their alternates shall be appointed by the commissioner. The dean for extension and the dean for research, Institute of Food and Agricultural Sciences of the University of Florida, and the Vice President for Agricultural Affairs at the University of Florida shall be nonvoting, ex officio members of the council.

(b)  Membership shall include one citizen-at-large member and alternate who shall be representative of the views of the general public toward agriculture and its activities, but who is not actively engaged in any agricultural pursuit, and one member and alternate qualified to represent each of the 32 agricultural or trade interests enumerated in this section.

1.  Producers or growers who are actively engaged in the agricultural areas of:

a.  Apiary;

b.  Aquaculture;

c.  Beef cattle;

d.  Citrus;

e.  Commercial flowers;

f.  Dairy;

g.  Field crops;

h.  Foliage plants;

i.  Forestry;

j.  Grapes;

k.  Horses;

l.  Ornamental horticulture;

m.  Poultry;

n.  Seed;

o.  Swine;

p.  Tobacco;

q.  Tropical fruits;

r.  Turfgrass;

s.  Vegetables; or

t.  Watermelons.

2.  Persons actively engaged in the trade of:

a.  Agricultural limestone;

b.  Commercial feed;

c.  Commercial fertilizer;

d.  Commercial pesticide;

e.  Food processing and canning, other than meat or citrus;

f.  Independent agricultural markets;

g.  Meat processing or packing;

h.  Phosphate; or

i.  Retail food stores.

3.  Distributors of petroleum or petroleum products.

4.  Growers and processors of sugarcane.

5.  Licensed veterinarians.

(c)  With the exception of the citizen-at-large member and alternate, each member and alternate shall be selected from no fewer than two nor more than three nominees submitted by recognized statewide organizations representing each agricultural or trade interest enumerated in this section. In the absence of nominations, the commissioner shall appoint persons who otherwise meet the qualifications for nomination and appointment to the council.

(d)  On or after January 15, 1988, alternates shall be appointed for each member and shall serve as alternates for the remainder of the corresponding members' terms. As terms of current members expire, members and their alternates shall be appointed for 4-year terms and shall serve until their successors are duly qualified and appointed. A vacancy shall be filled for the remainder of an unexpired term in the same manner as an initial appointment.

(e)  An alternate member shall have all the rights, privileges, and powers of the member for whom he or she is the alternate when that member is absent from this council or any other council to which the member is appointed by designation of his or her position on this council.

(f)  Any member of the council who fails to attend three consecutive council meetings without good cause may be removed from the council by the commissioner.

(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS; COMPENSATION.--The meetings, powers and duties, procedures, and recordkeeping of the State Agricultural Advisory Council, and per diem and reimbursement of expenses of council members, shall be governed by the provisions of s. 570.0705 relating to advisory committees established within the department.

History.--s. 1, ch. 59-54; s. 1, ch. 61-224; s. 1, ch. 63-395; s. 1, ch. 65-459; ss. 14, 35, ch. 69-106; s. 1, ch. 77-71; s. 5, ch. 77-108; s. 1, ch. 78-24; s. 1, ch. 78-196; s. 4, ch. 78-323; ss. 1, 2, ch. 80-11; ss. 1, 4, 5, ch. 81-62; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 7, ch. 84-90; s. 1, ch. 85-37; ss. 2, 4, 5, ch. 87-36; s. 2, ch. 90-323; s. 5, ch. 91-429; s. 11, ch. 92-291; s. 15, ch. 93-169; s. 14, ch. 94-335; s. 892, ch. 97-103.

570.235  Pest Exclusion Advisory Committee.--

(1)  There is created within the department a Pest Exclusion Advisory Committee. The advisory committee shall be composed of 24 members.

(a)  The Commissioner of Agriculture shall appoint 17 members representing the following:

1.  Two members from the Florida Department of Agriculture and Consumer Services.

2.  Two citizens at large.

3.  One member from each of the following agricultural production groups:

a.  Row crops.

b.  Citrus.

c.  Horticulture.

d.  Forestry.

e.  Cattle.

f.  Dairy.

g.  Pork.

h.  Poultry.

i.  Horses.

j.  Aquaculture.

k.  Apiary.

4.  One member representing research programs in the state's land grant institutions.

5.  One member representing extension programs in the state's land grant institutions.

(b)  In addition, the committee shall be composed of the following 7 members:

1.  Two members representing and appointed by the Animal and Plant Health Inspection Service, United States Department of Agriculture.

2.  One member representing and appointed by the Florida Department of Health.

3.  One member representing and appointed by the Florida Department of Environmental Protection.

4.  One member representing and appointed by the Florida ¹Game and Fresh Water Fish Commission.

5.  One member appointed by the Speaker of the House of Representatives.

6.  One member appointed by the President of the Senate.

(2)  The advisory committee shall be governed by the provisions of s. 570.0705 and shall have the responsibility of reviewing and evaluating the state's existing and future exclusion, detection, and eradication programs. The Commissioner of Agriculture shall appoint the chair of the committee. In evaluating the programs, the advisory committee shall:

(a)  Require the scientific community to provide necessary scientific background on Florida's programs. Using such information, the committee shall evaluate the scientific basis for the programs.

(b)  Review current Florida laws and regulations and recommend changes.

(c)  Identify exotic plants and pests in foreign countries that pose a significant threat to consumer safety and have a high likelihood of being introduced into the state.

(d)  Identify high-risk areas for pest introduction and offer recommendations for specific programmatic activities to address such risk.

(e)  Study the possibility of partnerships with other public and private entities to develop programs, projects, and activities which may be cost-effective and which may assist in implementing a pest exclusion program.

(f)  Address any area of concern that is raised regarding the state's pest exclusion, detection, and eradication program.

(g)  Make recommendations to the Commissioner of Agriculture, the Governor, the Speaker of the House of Representatives, and the President of the Senate for needs and changes in these programs, including funding requirements and needs.

(3)  The committee shall issue a report of its findings to the Commissioner of Agriculture, the Governor, the Speaker of the House of Representatives, and the President of the Senate by January 1, 2001.

History.--s. 27, ch. 99-391.

¹Note.--Transferred to the Fish and Wildlife Conservation Commission by s. 2, ch. 99-245.

570.241  Short title.--This act may be cited as the "Agricultural Economic Development Act."

History.--ss. 1, 10, ch. 91-268; s. 4, ch. 91-429.

570.242  Definitions.--For purposes of this act, the following terms shall have the following meanings:

(1)  "Agriculturally depressed area" means a rural area which has declining profitability from agricultural enterprises and one or more of the following characteristics:

(a)  A stable or declining population.

(b)  A stable or declining real per capita income.

(c)  A traditional economy based on agriculture or extraction of solid minerals.

(d)  A low ad valorem tax base.

(e)  A need for agribusiness and leadership training.

(2)  "Assistance" means financial or nonfinancial assistance issued pursuant to the provisions of this act.

(3)  "Commissioner" means the Commissioner of Agriculture.

(4)  "Department" means the Department of Agriculture and Consumer Services.

(5)  "Financial assistance" means the providing of funds to an agribusiness.

(6)  "Nonfinancial assistance" means the providing of personnel to work with an agribusiness to establish an infrastructure, including, but not limited to, the development of an accounting system, management procedures, and a marketing plan. Nonfinancial assistance shall also include the providing of equipment.

History.--ss. 2, 10, ch. 91-268; s. 4, ch. 91-429; s. 12, ch. 92-291.

570.243  Agricultural Economic Development Program; legislative intent.--There is created within the department the Agricultural Economic Development Program. The purpose of this program shall be to promote and coordinate efficient and beneficial agricultural economic development within agriculturally depressed areas of the state.

History.--ss. 3, 10, ch. 91-268; s. 4, ch. 91-429.

570.244  Department of Agriculture and Consumer Services; powers and duties.--For the accomplishment of the purposes specified in this act, the department shall have all powers and duties necessary, including, but not limited to, the power and duty to:

(1)  Identify and coordinate with all state agencies that can assist in agricultural economic development.

(2)  Administer, with approval of the commissioner, agricultural economic development funds appropriated to the department.

(3)  Identify, develop, and collect sources of funding for the initiation of agricultural economic development projects.

(4)  Facilitate economic growth through the development of new agribusinesses such as value-added processing plants and associated enterprises using raw products which are produced in the state.

(5)  Accept, expend, and utilize any gift, grant of money, or property provided to the department.

(6)  Provide assistance pursuant to appropriations for agricultural economic development approved by the Legislature.

(7)  Establish procedures and circumstances for repayment of financial assistance by an assisted agribusiness.

(8)  On or before November 1 of each year, submit an annual report to the chairs of the House of Representatives and Senate committees on agriculture. The annual report shall include, but not be limited to:

(a)  A list of all projects that received assistance during the previous fiscal year, the needs each project was designed to address, the type of assistance provided, and the benefits derived from the assistance.

(b)  The business plans of projects receiving assistance, including the proposed schedule for repayment of funds by assisted agribusinesses.

History.--ss. 4, 10, ch. 91-268; s. 4, ch. 91-429; s. 13, ch. 92-291; s. 893, ch. 97-103.

570.245  Interaction with other economic development agencies and groups.--Because interagency and local community cooperation and sharing of available resources and expertise is crucial to the success of an agricultural economic development program, the department shall interact with federal and state agencies, commissions, boards, and advisory groups that have programs and interests in agricultural economic development.

History.--ss. 5, 10, ch. 91-268; s. 4, ch. 91-429.

570.246  Agricultural economic development funding.--Funds appropriated for the purposes specified in this act shall be used for the following:

(1)  Employment of personnel and payment of associated overhead, equipment, and supply costs.

(2)  Stimulating and assisting agribusiness entrepreneurship and new product development.

(3)  Feasibility studies and consulting contracts for the development of agribusinesses and value-added processes.

(4)  Issuance to approved agribusinesses, including any funds from private sources.

History.--ss. 6, 10, ch. 91-268; s. 4, ch. 91-429.

570.247  Promulgation of rules.--In conjunction with funds specifically appropriated for the purposes specified in this act, the department shall begin to promulgate rules no later than January 1, 1992, pursuant to s. 120.54, pertaining to:

(1)  Formal notification procedures for the availability of assistance, including publication in the Florida Administrative Weekly pursuant to s. 120.55.

(2)  Written evaluation criteria for selecting project proposals to receive assistance. The criteria for eligibility of assistance shall include a written business plan delineating the economic viability of the proposed project, including the financial commitment by project participants and a schedule for repayment of agricultural economic development funds.

(3)  Procedures for repayment of financial assistance by an assisted agribusiness into the General Inspection Trust Fund within the department. Repayment of financial assistance shall be based upon a percentage of future profits until repayment is complete.

(4)  Funding procedures for projects eligible for assistance. These procedures shall include the amount of funding, the limits and requirements for the objects of expenditure, and the duration of assistance.

(5)  Other subject matter pertaining to the implementation of this act.

History.--ss. 7, 10, ch. 91-268; s. 4, ch. 91-429.

570.248  Agricultural Economic Development Project Review Committee; powers and duties.--

(1)  There is created an Agricultural Economic Development Project Review Committee consisting of five members appointed by the commissioner. The members shall be appointed based upon the recommendations submitted by each entity represented on the committee and shall include:

(a)  The commissioner or the commissioner's designee.

(b)  One representative from the Farm Credit Service.

(c)  One representative from the Florida Rural Development Committee.

(d)  One representative from the Florida Farm Bureau Federation.

(e)  One agricultural economist from the Institute of Food and Agricultural Sciences or from Florida Agricultural and Mechanical University.

(2)  The committee shall:

(a)  Review each application for assistance that meets the basic program criteria.

(b)  Make recommendations to the commissioner regarding all aspects of each eligible application, including the acceptance or rejection of each application.

(c)  Prioritize the applications recommended for assistance.

(d)  Forward all written comments and recommendations to the commissioner, which shall be included in the annual report of the department.

(3)  If the commissioner does not accept the recommendations or priorities of the review committee, the annual report of the department shall include justification for any or all rejections.

History.--ss. 8, 10, ch. 91-268; s. 4, ch. 91-429; s. 14, ch. 92-291; s. 894, ch. 97-103.

570.29  Departmental divisions.--The department shall include the following divisions:

(1)  Administration.

(2)  Agricultural Environmental Services.

(3)  Animal Industry.

(4)  Consumer Services.

(5)  Dairy Industry.

(6)  Food Safety.

(7)  Forestry.

(8)  Fruit and Vegetables.

(9)  Marketing and Development.

(10)  Plant Industry.

(11)  Standards.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 8, ch. 77-108; s. 3, ch. 77-289; s. 15, ch. 92-291.

570.30  Division of Administration; powers and duties.--The Division of Administration shall render services required by the department and its other divisions, or by the commissioner in the exercise of constitutional and cabinet responsibilities, that can advantageously and effectively be centralized and administered and any other function of the department that is not specifically assigned by law to some other division. The duties of this division include, but are not limited to:

(1)  Conducting all of the accounting and budgeting work of the department, including, but not restricted to, budget preparation and planning, revenue, auditing, payroll, property, inventories, insurance coverage and claims, federal funds, fixed construction, and all other contracts and grants.

(2)  Conducting a sound personnel management program for the department, including, but not restricted to, the handling of all official personnel actions, records, training, recruiting, organizational changes, and employee relations and any other personnel matters.

(3)  Disseminating information concerning the programs and activities of the department as set forth in s. 570.21.

(4)  Researching and disseminating information concerning the constitutional and cabinet responsibilities of the commissioner.

(5)  Providing electronic data processing and management information systems support for the department.

(6)  Providing support for the department, including, but not limited to, mailing, printing, purchasing, maintenance, supplies inventory, communications, and such other services as may be assigned.

History.--s. 1, ch. 59-54; s. 4, ch. 61-407; ss. 4, 14, 22, 35, ch. 69-106; s. 4, ch. 77-289; s. 229, ch. 79-400; s. 3, ch. 84-165; s. 16, ch. 92-291; s. 16, ch. 93-169.

570.31  Director; duties.--

(1)  The director of the Division of Administration shall be appointed by the commissioner and shall serve at the commissioner's pleasure.

(2)  It shall be the duty of the director to supervise, direct and coordinate the activities provided in s. 570.30.

History.--s. 1, ch. 59-54; s. 2, ch. 74-204; s. 17, ch. 92-291.

570.32  Division of Plant Industry; powers and duties.--The duties of the Division of Plant Industry include, but are not limited to:

(1)  Identifying insects, mites, and mollusks submitted; surveying agricultural and horticultural crops to determine the presence of insect, mite, or mollusk populations; and investigating methods of control, eradication, and prevention of dissemination of insect, mite, or mollusk pests.

(2)  Identifying plant diseases from samples submitted; surveying agricultural and horticultural crops to determine the presence of plant diseases; and investigating methods of control, eradication, and prevention of dissemination of plant diseases.

(3)  Identifying nematodes submitted; surveying agricultural and horticultural crops to determine the presence of nematode population; and investigating methods of control, eradication, and prevention of dissemination of nematode pests.

(4)  Enforcing the laws of the state and the rules of the department relating to honeybees and the control and eradication of honeybee pests and unwanted races of honeybees.

(5)  Surveying for all plant pests, inspecting all plants or plant products grown or held in any area of the state, and enforcing the laws of the state and the rules of the department pertaining to plants and plant products.

(6)  Conducting plant pest and noxious weed eradication and control programs and all plant pest surveys associated with eradication and control.

(7)  Testing citrus trees for diseases and desirable horticultural characteristics; registering trees meeting the requirements of the test; maintaining a source of budwood of the superior, tested varieties for distribution to the citrus industry; verifying propagations of citrus varieties and special rootstocks for growers when requested; and maintaining appropriate records.

(8)  Developing, investigating, and implementing new ideas, techniques, and methods for the survey, detection, control, and eradication of plant pests.

History.--s. 1, ch. 59-54; s. 2, ch. 65-459; ss. 4, 35, ch. 69-106; s. 1, ch. 79-127; s. 4, ch. 84-165; s. 1, ch. 87-17; s. 17, ch. 93-169.

570.33  Director; qualifications; duties.--

(1)  The director of the Division of Plant Industry shall be appointed by the commissioner and shall serve at the commissioner's pleasure.

(2)  The director shall be responsible for protecting the plant industry of the state, and shall, under the direction of the commissioner, direct, coordinate, and enforce the activities described in this chapter, in chapters 581 and 586, and in other chapters and applicable rules.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 1, ch. 70-389; s. 1, ch. 70-439; s. 2, ch. 79-127; s. 18, ch. 92-291; s. 18, ch. 93-169.

570.34  Plant Industry Technical Council.--

(1)  COMPOSITION.--The Plant Industry Technical Council is hereby created in the department and shall be composed of 11 members as follows:

(a)  The citrus, vegetable, ornamental horticulture, foliage plants, tropical fruits, commercial flower grower, turfgrass, forestry, apiary, and citizen-at-large representatives who serve on the State Agricultural Advisory Council and one additional representative from the citrus fruit industry who shall be appointed by the commissioner for a 4-year term or until his or her successor is duly qualified and appointed.

(b)  The additional citrus fruit representative shall be appointed subject to the same qualifications and by the same procedure as prescribed in s. 570.23 for membership to the council by the citrus representative. If a vacancy occurs with regard to this position, it shall be filled for the remainder of the term in the same manner as an initial appointment.

(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS; COMPENSATION.--The meetings, powers and duties, procedures, and recordkeeping of the Plant Industry Technical Council, and per diem and reimbursement of expenses of council members, shall be governed by the provisions of s. 570.0705 relating to advisory committees established within the department.

History.--s. 1, ch. 59-54; s. 5, ch. 61-407; ss. 14, 35, ch. 69-106; s. 2, ch. 70-389; s. 2, ch. 77-71; s. 9, ch. 77-108; s. 4, ch. 78-323; ss. 1, 2, 3, ch. 81-63; s. 1, ch. 82-46; s. 49, ch. 83-216; s. 2, ch. 83-265; ss. 1, 6, 7, ch. 87-15; s. 5, ch. 91-429; s. 19, ch. 92-291; s. 19, ch. 93-169; s. 15, ch. 94-335; s. 895, ch. 97-103.

570.36  Division of Animal Industry; powers and duties.--The duties of the Division of Animal Industry include, but are not limited to:

(1)  Enforcing those provisions of chapter 585, and rules adopted pursuant thereto, relating to testing, supervising, controlling, and eradicating brucellosis and tuberculosis in livestock.

(2)  Enforcing those provisions of chapter 585, and rules adopted pursuant thereto, relating to the control and eradication of dangerous transmissible diseases of livestock, including parasitic infestations such as screwworm and the cattle fever tick.

(3)  Enforcing those provisions of chapter 534, and rules adopted pursuant thereto, relating to recordation of livestock marks and brands and such other provisions of such chapter as are directed by the department.

(4)  Enforcing those provisions of chapter 585, and rules adopted pursuant thereto, relating to the enforcement of the provisions of the National Poultry Improvement Plan and the National Turkey Improvement Plan.

(5)  Operating and managing the animal disease diagnostic laboratories provided for in chapter 585.

History.--s. 1, ch. 59-54; s. 1, ch. 67-584; ss. 4, 14, 35, ch. 69-106; s. 1, ch. 79-122; s. 5, ch. 84-165; s. 8, ch. 92-290; s. 103, ch. 92-291; s. 16, ch. 94-335.

570.37  Director; qualifications; duties.--

(1)  The director of the Division of Animal Industry shall be appointed by the commissioner and shall serve at the commissioner's pleasure. The director may be known as the State Veterinarian.

(2)  No person shall be appointed State Veterinarian who is not a graduate of a recognized and reputable college of veterinary medicine.

(3)  The director shall be responsible for protecting the animal and livestock interests of the state and shall, under the direction of the commissioner, direct, coordinate, and enforce the applicable provisions of chapters 534 and 585.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 20, ch. 92-291; s. 20, ch. 93-169.

570.38  Animal Industry Technical Council.--

(1)  COMPOSITION.--The Animal Industry Technical Council is hereby created in the department and shall be composed of 11 members as follows:

(a)  The beef cattle, swine, dairy, horse, independent agricultural markets, meat processing and packing establishments, veterinary medicine, and poultry representatives who serve on the State Agricultural Advisory Council and three additional representatives from the beef cattle industry who shall be appointed by the commissioner for 4-year terms or until their successors are duly qualified and appointed.

(b)  Each additional beef cattle representative shall be appointed subject to the qualifications and by the procedure as prescribed in s. 570.23 for membership to the council by the beef cattle representative. If a vacancy occurs in these three positions, it shall be filled for the remainder of the term in the same manner as an initial appointment.

(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS; COMPENSATION.--The meetings, powers and duties, procedures, and recordkeeping of the Animal Industry Technical Council, and per diem and reimbursement of expenses of council members, shall be governed by the provisions of s. 570.0705 relating to advisory committees established within the department.

History.--s. 1, ch. 59-54; s. 3, ch. 65-459; s. 1, ch. 67-69; ss. 14, 35, ch. 69-106; s. 10, ch. 77-108; s. 2, ch. 78-196; s. 4, ch. 78-323; ss. 1, 2, 3, ch. 81-82; s. 1, ch. 82-46; s. 2, ch. 83-265; ss. 2, 6, 7, ch. 87-15; s. 5, ch. 91-429; s. 21, ch. 92-291; s. 21, ch. 93-169; s. 17, ch. 94-335.

570.381  Appaloosa racing; breeders' awards; Appaloosa Advisory Council; horse registration fees; Florida Appaloosa Racing Promotion Fund.--

(1)  LEGISLATIVE FINDINGS.--It is the finding of the Legislature that:

(a)  Breed improvement is an important factor in encouraging Appaloosa racing in this state;

(b)  Acquisition and maintenance of Appaloosa breeding farms in this state will greatly enhance the tax revenues derived by the state and counties;

(c)  Many jobs will be created through the encouragement of the Appaloosa breeding industry in this state, thereby supplying much needed taxes and revenues to the state and counties; and

(d)  By encouraging Appaloosa breeding farms, better horses will be available for racing, thereby increasing the pari-mutuel handle which will increase taxes for the state and counties.

(2)  POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--The Department of Agriculture and Consumer Services shall administer this section and have the following powers and duties:

(a)  To establish a registry for Florida-bred Appaloosas on a voluntary basis.

(b)  To make Appaloosa breeders' awards available to qualified individuals from funds derived from the Florida Appaloosa Racing Promotion Fund under the authority of ss. 550.2625(7) and 550.2633 and under rules adopted.

(3)  APPALOOSA ADVISORY COUNCIL.--

(a)  There is created an Appaloosa Advisory Council consisting of seven members as follows:

1.  A representative of the Department of Agriculture and Consumer Services designated by the commissioner.

2.  Six members appointed by the Department of Agriculture and Consumer Services, the majority of whom must be Florida breeders of racing Appaloosas.

(b)  Each member shall serve for a term of 2 years from date of appointment.

(c)  At the first organizational meeting of the council, there shall be elected a chair from the membership, and each 2 years thereafter the council shall elect a chair from its then-constituted membership. The member representing the Department of Agriculture and Consumer Services shall be secretary of the council.

(d)  Members of the council shall receive no compensation for their services, except that they shall receive per diem and travel expenses as provided in s. 112.061 when actually engaged in the business of the council.

(e)  The duties of the advisory council shall be advisory only, with the following powers and duties:

1.  To recommend rules.

2.  To receive and report to the Department of Agriculture and Consumer Services complaints or violations of this section.

3.  To assist the Department of Agriculture and Consumer Services in the collection of information and data which the Department of Agriculture and Consumer Services may deem necessary to the proper administration of this section.

(4)  FRAUDULENT ACTS AND MISREPRESENTATIONS.--Any person who registers unqualified horses or misrepresents information in any way shall be denied any future participation in breeders' awards, and all horses misrepresented will no longer be deemed to be Florida-bred.

(5)  REGISTRATION FEES TRUST FUND.--

(a)  To provide funds to defray the necessary expenses incurred by the Department of Agriculture and Consumer Services in the administration of this section:

1.  Owners who participate in this program for Florida-bred Appaloosa foals under 1 year of age shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $10 per horse;

2.  Owners who participate in this program for Florida-bred Appaloosa yearlings from 1 to 2 years of age shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $25 per horse; and

3.  Owners who participate in this program for Florida-bred Appaloosas 2 years of age or over shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $100 per horse.

(b)  The fees collected under this subsection shall be deposited in the Florida Quarter Horse Racing Promotion Trust Fund in a special account to be known as the "Florida Appaloosa Racing Promotion Fund," and the necessary expenses incurred by the Department of Agriculture and Consumer Services in the administration of this section shall be paid out of the fund only up to the amount of deposited registration fees.

(6)  RULES.--The Department of Agriculture and Consumer Services may adopt rules to implement, make specific, or interpret the provisions of this section.

History.--s. 60, ch. 92-348; s. 896, ch. 97-103.

570.382  Arabian horse racing; breeders' and stallion awards; Arabian Horse Council; horse registration fees; Florida Arabian Horse Racing Promotion Fund.--

(1)  LEGISLATIVE FINDINGS.--It is the finding of the Legislature that:

(a)  Breed improvement is an important factor in encouraging Arabian horse racing in this state.

(b)  Acquisition and maintenance of Arabian horse breeding farms in this state will greatly enhance the tax revenues derived by the state and counties.

(c)  Many jobs will be created through the encouragement of the Arabian horse breeding industry in this state, thereby supplying much needed taxes and revenues to the state and counties.

(d)  By encouraging Arabian horse breeding farms, better horses will be available for racing, thereby increasing the pari-mutuel handle which will increase taxes for the state and counties.

(2)  POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--The Department of Agriculture and Consumer Services shall administer this section and have the following powers and duties:

(a)  To establish a registry for Florida-bred Arabian horses on a voluntary basis.

(b)  To make Arabian horse breeders' and stallion awards available to qualified individuals from funds derived from the Florida Arabian Horse Racing Promotion Fund under the authority of ss. 550.2625(8) and 550.2633 and under rules adopted.

(c)  To establish a stallion award program. In order for the owner of the sire of a Florida-bred Arabian horse to be eligible for a stallion award, the following requirements must be met:

1.  The stallion shall stand permanently in the state.

2.  If the stallion is dead, it shall have stood permanently in the state for the year immediately prior to its death.

3.  The removal of a stallion from this state for the purpose of breeding shall bar the owner of the stallion from receiving a stallion award for offspring sired in the state in the breeding season commencing January 1st of the year of the stallion's removal.

4.  If a removed stallion is returned to the state, all offspring sired in the state subsequent to the stallion's return shall make the owner eligible for the stallion award.

(d)  To maintain complete records documenting:

1.  The date a stallion arrived in the state for the first time.

2.  Whether the stallion remained in the state permanently.

3.  The location of the stallion.

4.  Whether the stallion is still standing in the state.

5.  Awards earned, received, and distributed.

(3)  ARABIAN HORSE COUNCIL.--

(a)  There is created an Arabian Horse Council consisting of seven members as follows:

1.  A representative of the Department of Agriculture and Consumer Services designated by the commissioner.

2.  Six members appointed by the Department of Agriculture and Consumer Services, the majority of whom must be Florida breeders of racing Arabian horses.

(b)  Each member shall serve for a term of 4 years from date of appointment.

(c)  At the first organizational meeting of the council, there shall be elected a chair from the membership, and each 2 years thereafter the council shall elect a chair from its then-constituted membership. The member representing the Department of Agriculture and Consumer Services shall be secretary of the council.

(d)  Members of the council shall receive no compensation for their services, except that they shall receive per diem and travel expenses as provided in s. 112.061 when actually engaged in the business of the council.

(e)  The council shall have the following powers and duties:

1.  To recommend rules.

2.  To receive and report to the Department of Agriculture and Consumer Services complaints or violations of this section.

3.  To assist the Department of Agriculture and Consumer Services in the collection of information that the Department of Agriculture and Consumer Services deems necessary to the proper administration of this section.

(4)  FRAUDULENT ACTS AND MISREPRESENTATIONS.--Any person who registers unqualified horses or misrepresents information in any way shall be denied any future participation in breeders' and stallion awards, and all horses misrepresented will no longer be deemed to be Florida-bred.

(5)  REGISTRATION FEES TRUST FUND.--

(a)  To provide funds to defray the necessary expenses incurred by the Department of Agriculture and Consumer Services in the administration of this section:

1.  Owners who participate in this program for Florida-bred Arabian foals under 1 year of age shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $25 per horse.

2.  Owners who participate in this program for Florida-bred Arabian yearlings from 1 to 2 years of age shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $50 per horse.

3.  Owners who participate in this program for Florida-bred Arabian horses 2 years of age or over shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $250 per horse.

4.  The Department of Agriculture and Consumer Services shall charge the stallion owner a reasonable fee set by rule, not to exceed $100 annually, to cover all costs incurred for the stallion award program.

(b)  The fees collected under this subsection shall be deposited in the Florida Quarter Horse Racing Promotion Trust Fund in a special account to be known as the "Florida Arabian Horse Racing Promotion Fund," and the necessary expenses incurred by the Department of Agriculture and Consumer Services in the administration of this section shall be paid out of the fund only up to the amount of deposited registration fees.

History.--s. 61, ch. 92-348; s. 1, ch. 93-7; s. 897, ch. 97-103.

570.40  Division of Dairy Industry; powers and duties.--The duties of the Division of Dairy Industry include, but are not limited to:

(1)  Inspecting dairy farms of the state, enforcing those provisions of chapter 502 as are authorized by the department, enforcing the law relating to inspection for detection of mastitis in dairy cattle and relating to supervision of milking operations, and enforcing rules adopted pursuant to such law.

(2)  Inspecting milk plants, milk product plants, and plants engaged in the manufacture and distribution of frozen desserts and frozen desserts mix; analyzing and testing samples of milk, milk products, frozen desserts, and frozen desserts mix collected by it; and enforcing those provisions of chapters 502 and 503 as are authorized by the department.

History.--s. 1, ch. 59-54; s. 2, ch. 67-584; ss. 4, 14, 35, ch. 69-106; s. 2, ch. 79-122; s. 6, ch. 84-165.

570.41  Director; qualifications; duties.--

(1)  The director of the Division of Dairy Industry shall be appointed by the commissioner and shall serve at the commissioner's pleasure.

(2)  The director shall supervise, direct, and coordinate the activities of the division and shall, under the direction of the commissioner, enforce the provisions of chapters 502 and 503.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 22, ch. 92-291; s. 22, ch. 93-169.

570.42  Dairy Industry Technical Council.--

(1)  COMPOSITION.--The Dairy Industry Technical Council is hereby created in the department and shall be composed of seven members as follows:

(a)  Two citizens of the state, one of whom shall be associated with the Agricultural Extension Service of the University of Florida and the other with the College of Agriculture of the University of Florida.

(b)  An employee of the Department of Health.

(c)  Two dairy farmers who are actively engaged in the production of milk in this state and who earn a major portion of their income from the production of milk. The commissioner shall appoint the two members provided for in this paragraph from no fewer than four nor more than six nominees submitted by the recognized statewide organizations representing this group. In the absence of nominations, the commissioner shall appoint other persons qualified under the provisions of this paragraph.

(d)  Two distributors of milk. "Distributor" means any milk dealer who operates a milk gathering station or processing plant where milk is collected and bottled or otherwise processed and prepared for sale. The commissioner shall appoint the two members provided for in this paragraph from no fewer than four nor more than six nominees submitted by the recognized statewide organizations representing this group. In the absence of nominations, the commissioner shall appoint other persons qualified under the provisions of this paragraph.

(e)  All members shall serve 4-year terms or until their successors are duly qualified and appointed. If a vacancy occurs, it shall be filled for the remainder of the term in the manner of an initial appointment.

(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS; COMPENSATION.--The meetings, powers and duties, procedures, and recordkeeping of the Dairy Industry Technical Council, and per diem and reimbursement of expenses of council members, shall be governed by the provisions of s. 570.0705 relating to advisory committees established within the department.

History.--s. 1, ch. 59-54; s. 6, ch. 61-407; ss. 14, 19, 35, ch. 69-106; s. 11, ch. 77-108; s. 461, ch. 77-147; s. 4, ch. 78-323; ss. 1, 2, 3, ch. 81-79; s. 1, ch. 82-46; s. 2, ch. 83-265; ss. 3, 6, 7, ch. 87-15; s. 5, ch. 91-429; s. 23, ch. 92-291; s. 23, ch. 93-169; s. 18, ch. 94-335; s. 254, ch. 99-8.

570.44  Division of Agricultural Environmental Services; powers and duties.--The duties of the Division of Agricultural Environmental Services include, but are not limited to:

(1)  Inspecting and drawing samples of: commercial feeds offered for sale in this state and enforcing those provisions of chapter 580 authorized by the department; seeds offered for sale in this state and enforcing those provisions of chapter 578 authorized by the department; certified seed grown in this state; fertilizers offered for sale in this state and enforcing those provisions of chapter 576 authorized by the department; and pesticides offered for sale in this state, and soil and water in this state for the presence of pesticides, and enforcing those provisions of chapter 487 authorized by the department.

(2)  Conducting those general inspection activities in regard to weights, measures, and standards of articles offered for sale in this state and enforcing those provisions of chapter 531 as are authorized by the department.

(3)  Supporting the Pesticide Review Council and reviewing and evaluating technical and scientific data associated with the production, manufacture, storage, transportation, sale, or use of any article or product with respect to any statutory authority which is conferred on the department. The department is authorized to establish positions within the division for the employment of experts in the fields of toxicology, hydrology, and biology to conduct such reviews and evaluations. The department is also authorized to establish appropriate clerical support positions to implement the duties and responsibilities of the division.

(4)  Enforcing and implementing the responsibilities of chapter 582, and the rules relating to soil and water conservation.

(5)  Analyzing samples of fertilizer offered for sale in this state, as required under chapter 576.

(6)  Analyzing samples of pesticide formulations offered for sale in this state and tank mix, soil, water, and other environmental samples related to pesticide use investigations, as required under chapter 487.

(7)  Analyzing samples of commercial feed offered for sale in this state, as required under chapter 580.

(8)  Analyzing samples of vegetables, agricultural, flower, and forest tree seed offered for sale in this state, as required under chapter 578.

(9)  Investigating, evaluating, and developing new or improved methodology to enhance the analytical capability and efficiency of all divisional laboratories and performing other related analyses as deemed necessary.

History.--s. 1, ch. 59-54; s. 7, ch. 61-407; ss. 4, 14, 35, ch. 69-106; s. 13, ch. 83-310; s. 7, ch. 84-165; s. 24, ch. 92-291; s. 24, ch. 93-169; s. 1, ch. 96-231; s. 11, ch. 96-407.

570.45  Director; duties.--

(1)  The director of the Division of Agricultural Environmental Services shall be appointed by the commissioner and shall serve at the commissioner's pleasure.

(2)  The director shall supervise, direct, and coordinate the activities of the division and enforce the provisions of chapters 388, 482, 487, 501, 504, 531, 570, 576, 578, 580, and 582 and any other chapter necessary to carry out the responsibilities of the division.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 25, ch. 92-291; s. 12, ch. 96-407.

570.46  Division of Standards; powers and duties.--The duties of the Division of Standards include, but are not limited to:

(1)  Inspecting petroleum measuring devices and performing the quality analyses required under chapters 525 and 526.

(2)  Inspecting all scales and measures in the state and carrying out the provisions of chapter 531 relating to weights, scales, and measuring devices.

(3)  Enforcing those provisions of ss. 501.91-501.923 relating to the registration of each brand name of antifreeze or coolant sold in the state that the department authorizes it to enforce.

(4)  Administering the provisions of chapter 616 relating to amusement rides.

History.--s. 1, ch. 59-54; s. 8, ch. 61-407; ss. 4, 35, ch. 69-106; s. 3, ch. 79-122; s. 8, ch. 84-165; ss. 2, 5, ch. 89-4; s. 3, ch. 89-111; s. 4, ch. 91-429; ss. 26, 27, ch. 92-291; s. 3, ch. 98-133; s. 7, ch. 99-391.

570.47  Director; qualifications; duties.--

(1)  The director of the Division of Standards shall be appointed by the commissioner and shall serve at the commissioner's pleasure.

(2)  The director shall supervise, direct, and coordinate the activities of the division and to that end shall, under the direction of the department, enforce the provisions of chapters 501, 525, 526, 531, and 616.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 28, ch. 92-291.

570.48  Division of Fruit and Vegetables; powers and duties; records.--The duties of the Division of Fruit and Vegetables include, but are not limited to:

(1)  Performing the duties relating to the inspection and certification of fresh citrus fruit shipments for maturity and grade required by rules promulgated under the Florida Citrus Code; performing the inspection and certification duties assigned in connection with regulations issued under federal or state marketing agreements or orders; and performing the other inspection and certification assignments requested by and agreed upon with the applicant.

(2)(a)  Performing the duties relating to inspection and certification of the maturity and condition of fresh citrus fruits to be processed required by the rules promulgated under the Florida Citrus Code.

(b)  Inspecting and certifying the grade, quality, or condition of the finished processed pack, as required by rules promulgated under the Florida Citrus Code.

(c)  Performing the inspection and certification duties as are assigned in connection with regulations issued under federal or state marketing agreements or orders for other fruit and vegetables.

(d)  Conducting inspections of internal quality for any fruit or vegetable.

(e)  Performing other inspection and certification assignments as requested by and agreed upon with the applicant.

(3)  Maintaining the records of the division. The records of the division are public records; however, trade secrets as defined in s. 812.081 are confidential and exempt from the provisions of s. 119.07(1). This section shall not be construed to prohibit:

(a)  A disclosure necessary to enforcement procedures.

(b)  The department from releasing information to other governmental agencies. Other governmental agencies that receive confidential information from the department under this subsection shall maintain the confidentiality of that information.

(c)  The department or other agencies from compiling and publishing appropriate data regarding procedures, yield, recovery, quality, and related matters, provided such released data do not reveal by whom the activity to which the data relate was conducted.

(4)  Performing such duties relating to inspection and certification of vegetables, other fruits, melons, and nuts as are requested by and agreed upon with the applicant and performing such inspection and certification duties as are assigned in connection with regulations issued under federal or state marketing agreements or orders.

(5)  Performing such duties relating to enforcement of the citrus bond and license law as are required by chapter 601.

(6)  Performing analyses on waxes, dyes, and other substances used on citrus fruit and issuing authorization for the use of such waxes, dyes, and other substances; issuing equipment to inspectors and maintaining the equipment; conducting necessary technical investigations relative to inspectional procedures; and carrying out the technical duties prescribed under the arsenical spray provisions of chapter 601 and other technical duties prescribed by the department.

(7)  Notwithstanding any other provision of law, appointing, certifying, licensing, and supervising inspectors whose duties are to inspect fruit and vegetables that are regulated by state law, if federal law does not require such inspectors to be licensed or certified by the federal government.

History.--s. 1, ch. 59-54; ss. 4, 14, 35, ch. 69-106; s. 1, ch. 82-165; s. 50, ch. 83-216; s. 9, ch. 84-165; s. 3, ch. 92-4; ss. 3, 4, ch. 92-290; ss. 29, 30, ch. 92-291; s. 25, ch. 93-169; s. 348, ch. 96-406; s. 8, ch. 99-391.

570.481  Fruit and vegetable inspection fees; penalty.--

(1)  Each person receiving inspection services pursuant to s. 570.48 shall pay to the department an inspection fee. This fee shall cover the cost of providing the inspection service and shall be set annually by the department by rule.

(2)  All fees collected by the department under this section shall be deposited into the Citrus Inspection Trust Fund, except that fees collected pursuant to s. 570.48(4) shall be deposited in the General Inspection Trust Fund.

(3)  The department may terminate inspection services upon a 3-day written notice if inspection fees are not paid.

History.--s. 10, ch. 92-151; s. 26, ch. 93-169.

570.49  Director; duties.--

(1)  The director of the Division of Fruit and Vegetables shall be appointed by the commissioner and shall serve at the commissioner's pleasure.

(2)  It shall be the duty of the director of this division to direct and supervise the overall operation of the division and exercise other powers and duties as authorized by the department.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 31, ch. 92-291; s. 27, ch. 93-169.

570.50  Division of Food Safety; powers and duties.--The duties of the Division of Food Safety include, but are not limited to:

(1)  Enforcing those provisions of chapter 585, and the rules adopted under that chapter, relating to the inspection of meat and the antemortem and postmortem inspection of poultry.

(2)  Conducting those general inspection activities relating to food and food products being processed, held, or offered for sale in this state and enforcing those provisions of chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601 relating to foods as authorized by the department.

(3)  Analyzing samples of foods offered for sale in this state as required under chapters 500, 501, 502, 503, 585, 586, and 601.

(4)  Investigating, evaluating, and developing new or improved methodology to enhance the analytical capability and efficiency of all divisional laboratories and performing other related analyses as deemed necessary.

(5)  Analyzing food and feed samples offered for sale in the state for chemical residues as required under the adulteration sections of chapters 500 and 580.

History.--s. 1, ch. 59-54; s. 9, ch. 61-407; s. 2, ch. 65-459; ss. 4, 14, 35, ch. 69-106; s. 4, ch. 79-122; s. 10, ch. 84-165; s. 312, ch. 92-279; ss. 32, 33, ch. 92-291; s. 55, ch. 92-326; s. 28, ch. 93-169.

Note.--Former s. 570.32.

570.51  Director; qualifications; duties.--

(1)  The director of the Division of Food Safety shall be appointed by the commissioner to serve at the commissioner's pleasure.

(2)  The director shall supervise, direct, and coordinate the activities of the division and enforce the provisions of chapters 500, 501, 502, 503, 531, 583, 585, and 601 and any other chapter necessary to carry out the responsibilities of the division.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 50, ch. 91-220; s. 34, ch. 92-291.

570.53  Division of Marketing and Development; powers and duties.--The powers and duties of the Division of Marketing and Development include, but are not limited to:

(1)(a)  Managing the operation of all agricultural marketing facilities and managing or leasing state livestock and crop pavilions owned by the state. The department shall give first priority to those engaged in the production or sale of Florida's agricultural products when negotiating leases for the use of agricultural marketing facilities.

(b)  Performing other related duties and responsibilities which are required of the department by s. 570.07(18), including authorizing the removal of a vehicle by a towing service when the vehicle is parked in a manner that restricts the normal operation of business at any such agricultural marketing facility.

(2)  Enforcing the provisions of ss. 604.15-604.34, the dealers in agricultural products law, and ss. 534.47-534.53.

(3)  Obtaining and disseminating current price, supply, and movement data and other such pertinent information on the agricultural economy of the state as required of the department by ss. 570.07(4) and (17) and 570.21.

(4)  Stimulating, encouraging, and fostering the production and consumption of agricultural products and conducting activities that may foster a better understanding and more efficient cooperation among producers, buyers, food editors, and the consuming public in the promotion and marketing of Florida agricultural products as required of the department by s. 570.07(20).

(5)  Obtaining and disseminating production statistics, historical data, and other such pertinent information on the agricultural economy of the state as required of the department by ss. 570.07(4) and (17) and 570.21.

(6)(a)  Providing professional marketing services to the agricultural agribusiness industry.

(b)  Establishing and maintaining programs which will aid in the orderly marketing of agricultural products.

(c)  Assisting in providing efficient and effective distribution of agricultural products.

(d)  Developing plans and recommendations designed to support the agricultural industry in meeting its marketing needs.

(e)  Extending in every practicable way the distribution and sale of Florida agricultural products throughout the markets of the world as required of the department by ss. 570.07(7), (8), (10), and (11) and 570.071 and chapters 571, 573, and 574.

(7)  Entering into contracts with private persons for the renovation or construction of agricultural marketing facilities. These contracts may include provisions for private financing and leaseback agreements for the recoupment of initial private investment. All schematic and conceptual construction plans shall be subject to approval by the division. The department shall promulgate rules and develop policies for using these contracts.

(8)  Administering the provisions of chapter 616, including the Florida State Fair Authority and other fair or exposition charters, permits, applications, fees, premiums and awards, agricultural exhibits, and youth activities, but excluding amusement ride inspection, inspection fees, and safety requirements, at public fairs and expositions, carnivals, festivals, celebrations, bazaars, permanent facilities, and parking lot still dates.

History.--s. 1, ch. 59-54; s. 4, ch. 65-459; ss. 4, 35, ch. 69-106; s. 1, ch. 71-195; s. 5, ch. 79-122; s. 11, ch. 84-165; s. 1, ch. 85-36; s. 4, ch. 88-341; s. 1, ch. 91-253; s. 35, ch. 92-291; s. 29, ch. 93-169.

570.531  Market Improvements Working Capital Trust Fund.--There is hereby created within the department the Market Improvements Working Capital Trust Fund. The fund is established as the sole depository for funds collected by, or appropriated for, agricultural marketing facilities. Only costs associated with the operation, maintenance, and expansion of agricultural marketing facilities shall be paid from the fund.

History.--s. 5, ch. 88-341; s. 36, ch. 92-291.

570.54  Director; duties.--

(1)  The director of the Division of Marketing and Development shall be appointed by the commissioner and shall serve at the commissioner's pleasure.

(2)  It shall be the duty of the director of this division to supervise, direct, and coordinate the activities authorized by ss. 570.07(4), (7), (8), (10), (11), (12), (17), (18), and (20), 570.071, 570.21, 534.47-534.53, and 604.15-604.34 and chapters 504, 571, 573, and 574 and to exercise other powers and authority as authorized by the department.

History.--s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 6, ch. 79-122; s. 2, ch. 85-36; s. 37, ch. 92-291; s. 30, ch. 93-169.

570.541  Racing quarter horses; Racing Quarter Horse Advisory Council.--

(1)  LEGISLATIVE FINDINGS.--It is the finding of the Legislature that:

(a)  Breed improvement is an important factor in encouraging quarter horse racing in this state;

(b)  Acquisition and maintenance of quarter horse breeding farms in this state will greatly enhance the tax revenues derived by the state and counties;

(c)  Many jobs will be created through the encouragement of the quarter horse breeding industry in this state, thereby supplying much needed taxes and revenues to the state and counties; and

(d)  By encouraging quarter horse breeding farms, better horses will be available for racing, thereby increasing the pari-mutuel handle which will increase taxes for the state and counties.

(2)  RACING QUARTER HORSE ADVISORY COUNCIL; CREATION; COMPOSITION; POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS; COMPENSATION.--

(a)  There is created a Racing Quarter Horse Advisory Council consisting of seven members as follows:

1.  A representative of the department designated by the commissioner.

2.  Six members appointed by the commissioner, at least four of whom shall be Florida breeders of racing quarter horses.

(b)  Initially, four members shall be appointed for 4-year terms and three members shall be appointed for 2-year terms. Thereafter, each member shall be appointed for a term of 4 years from the date of appointment, except that a vacancy shall be filled by appointment for the remainder of the term.

(c)  The meetings, powers and duties, procedures, and recordkeeping of the Racing Quarter Horse Advisory Council, and per diem and reimbursement of expenses of council members, shall be governed by the provisions of s. 570.0705 relating to advisory committees established within the department.

History.--ss. 1, 3, ch. 88-124; s. 2, ch. 91-275; s. 5, ch. 91-429; s. 38, ch. 92-291; s. 31, ch. 93-169; s. 19, ch. 94-335.

570.542  Short title.--This law shall be known as the "Florida Consumer Services Act."

History.--s. 1, ch. 67-342; s. 1, ch. 79-37.

Note.--Former s. 570.281.

570.543  Florida Consumers' Council.--The Florida Consumers' Council in the department is created to advise and assist the department in carrying out its duties.

(1)  COMPOSITION.--

(a)  The council, to be appointed by the commissioner, shall not exceed 15 members, selected from the various areas of consumer interest, who are, when possible, leading members of statewide organizations representing segments of the consumer public so as to establish a broadly based and representative consumer council. At least one member of the council must be 60 years of age or older.

(b)  All members shall be appointed for a term of 4 years and shall serve until their successors are appointed. A vacancy shall be filled for the remainder of the unexpired term.

(2)  POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS; COMPENSATION.--The meetings, powers and duties, procedures, and recordkeeping of the Florida Consumers' Council, and per diem and reimbursement of expenses of council members, shall be governed by the provisions of s. 570.0705 relating to advisory committees established within the department. The council members or chair may call no more than two meetings.

(3)  RECOMMENDATIONS.--The council shall transmit a written summary of its legislative recommendations to the President of the Senate and the Speaker of the House of Representatives at least 60 days prior to the regular legislative session. Recommendations regarding legislation which has been filed shall be submitted within 30 days after the commencement of a legislative session.

History.--s. 1, ch. 67-342; ss. 14, 35, ch. 69-106; s. 6, ch. 77-108; s. 4, ch. 78-323; ss. 1, 3, ch. 79-37; ss. 1, 3, 4, ch. 81-55; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 26, ch. 87-172; ss. 1, 2, 3, ch. 87-179; s. 5, ch. 91-429; s. 39, ch. 92-291; s. 32, ch. 93-169; s. 20, ch. 94-335; s. 898, ch. 97-103.

Note.--Former s. 570.282.

570.544  Division of Consumer Services; director; powers; processing of complaints; records.--

(1)  The director of the Division of Consumer Services shall be appointed by and serve at the pleasure of the commissioner.

(2)  The Division of Consumer Services may:

(a)  Conduct studies and make analyses of matters affecting the interests of consumers.

(b)  Study the operation of laws for consumer protection.

(c)  Advise and make recommendations to the various state agencies concerned with matters affecting consumers.

(d)  Assist, advise, and cooperate with local, state, or federal agencies and officials in order to promote the interests of consumers.

(e)  Make use of the testing and laboratory facilities of the department for the detection of consumer fraud.

(f)  Report to the appropriate law enforcement officers any information concerning violation of consumer protection laws.

(g)  Assist, develop, and conduct programs of consumer education and consumer information through publications and other informational and educational material prepared for dissemination to the public, in order to increase the competence of consumers.

(h)  Organize and hold conferences on problems affecting consumers.

(i)  Recommend programs to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale of consumer goods and services.

(3)  In addition to the powers, duties, and responsibilities authorized by this or any other chapter, the Division of Consumer Services shall serve as a clearinghouse for matters relating to consumer protection, consumer information, and consumer services generally. It shall receive complaints and grievances from consumers and promptly transmit them to that agency most directly concerned in order that the complaint or grievance may be expeditiously handled in the best interests of the complaining consumer. If no agency exists, the Division of Consumer Services shall seek a settlement of the complaint using formal or informal methods of mediation and conciliation and may seek any other resolution of the matter in accordance with its jurisdiction.

(4)  If any complaint received by the Division of Consumer Services concerns matters which involve concurrent jurisdiction in more than one agency, duplicate copies of the complaint shall be referred to those offices deemed to have concurrent jurisdiction.

(5)(a)  Any agency, office, bureau, division, or board of state government receiving a complaint which deals with consumer fraud or consumer protection and which is not within the jurisdiction of the receiving agency, office, bureau, division, or board originally receiving it, shall immediately refer the complaint to the Division of Consumer Services.

(b)  Upon receipt of such a complaint, the Division of Consumer Services shall make a determination of the proper jurisdiction to which the complaint relates and shall immediately refer the complaint to the agency, office, bureau, division, or board which does have the proper regulatory or enforcement authority to deal with it.

(6)(a)  The office or agency to which a complaint has been referred shall within 30 days acknowledge receipt of the complaint and report on the disposition made of the complaint. In the event a complaint has not been disposed of within 30 days, the receiving office or agency shall file progress reports with the Division of Consumer Services no less frequently than 30 days until final disposition.

(b)  The report shall contain at least the following information:

1.  A finding of whether the receiving agency has jurisdiction of the subject matter involved in the complaint.

2.  Whether the complaint is deemed to be frivolous, sham, or without basis in fact or law.

3.  What action has been taken and a report on whether the original complainant was satisfied with the final disposition.

4.  Any recommendation regarding needed changes in law or procedure which in the opinion of the reporting agency or office will improve consumer protection in the area involved.

(7)(a)  If the office or agency receiving a complaint fails to file a report as contemplated in this section, that failure shall be construed as a denial by the receiving office or agency that it has jurisdiction of the subject matter contained in the complaint.

(b)  If an office or agency receiving a complaint determines that the matter presents a prima facie case for criminal prosecution or if the complaint cannot be settled at the administrative level, the complaint together with all supporting evidence shall be transmitted to the Department of Legal Affairs or other appropriate enforcement agency with a recommendation for civil or criminal action warranted by the evidence.

(8)  The records of the Division of Consumer Services are public records. However, customer lists, customer names, and trade secrets are confidential and exempt from the provisions of s. 119.07(1). Disclosure necessary to enforcement procedures shall not be construed as violative of this prohibition.

(9)  It shall be the duty of the Division of Consumer Services to maintain records and compile summaries and analyses of consumer complaints and their eventual disposition, which data may serve as a basis for recommendations to the Legislature and to state regulatory agencies.

(10)  If the division by its own inquiry, or as a result of complaints, has reason to believe that a violation of the laws of the state relating to consumer protection has occurred or is occurring, it may conduct an investigation, subpoena witnesses and evidence, and administer oaths and affirmations. If, as a result of the investigation, the division has reason to believe a violation of chapter 501, other than a violation of ss. 501.91-501.923, has occurred, the division with the coordination of the Department of Legal Affairs and any state attorney, if the violation has occurred or is occurring within her or his judicial circuit, shall have the authority to bring an action in accordance with the provisions of chapter 501.

(11)  If the division by its own inquiry, or as a result of complaints, has reason to believe that a violation of the laws of the state relating to consumer protection has occurred or is occurring, that the interests of the consumers of this state have been damaged or are being damaged, or that the public health, safety, or welfare is endangered or is likely to be endangered by any consumer product or service, the division may commence legal proceedings in circuit court to enjoin the act or practices or the sale of the product or service and may seek appropriate relief on behalf of the consumers. Upon application by the division, a hearing shall be held within 3 days after the commencement of the proceedings.

History.--s. 1, ch. 67-342; ss. 11, 14, 35, ch. 69-106; s. 2, ch. 73-124; s. 7, ch. 77-108; ss. 1, 2, ch. 78-16; s. 7, ch. 78-179; s. 1, ch. 79-37; s. 2, ch. 81-55; s. 3, ch. 89-4; s. 3, ch. 90-323; s. 1, ch. 91-114; s. 1, ch. 92-62; s. 40, ch. 92-291; s. 33, ch. 93-169; s. 349, ch. 96-406; s. 1183, ch. 97-103.

Note.--Former s. 570.283.

570.545  Unsolicited goods; no obligation on part of recipient.--When unsolicited goods are delivered to a person, the person may refuse delivery of the goods, or, if the goods are delivered, the person is not obligated to return the goods to the sender. If unsolicited goods are either addressed to or intended for the recipient, they shall be deemed a gift and the recipient may use or dispose of them in any manner without obligation to the sender.

History.--s. 1, ch. 69-43; s. 1, ch. 79-37; s. 899, ch. 97-103.

Note.--Former s. 570.284.

570.548  Division of Forestry; powers and duties.--The duties of the Division of Forestry include, but are not limited to, administering and enforcing those powers and responsibilities of the division prescribed in chapters 589, 590, and 591 and the rules adopted pursuant thereto and in other forest fire, forest protection, and forest management laws of this state.

History.--s. 2, ch. 79-37; s. 12, ch. 84-165.

570.549  Director; duties.--

(1)  The director of the Division of Forestry shall be appointed by the commissioner and shall serve at the commissioner's pleasure.

(2)  It shall be the duty of the director of this division to direct and supervise the overall operation of the division and to exercise such other powers and duties as authorized by the department.

History.--s. 2, ch. 79-37; s. 41, ch. 92-291.

570.55  Identification of sellers or handlers of tropical or subtropical fruit and vegetables; containers specified; penalties.--

(1)  SHORT TITLE.--This section may be known and cited as the "Florida Tropical or Subtropical Fruit and Vegetables Sales Law."

(2)  ENFORCEMENT AGENCY.--This section shall be administered by the Office of Agricultural Law Enforcement and may be enforced by any law enforcement officer as defined in chapter 943.

(3)  DEFINITIONS.--As used in this section:

(a)  "Department" means the Department of Agriculture and Consumer Services.

(b)  "Distribute" means to engage in the business of selling, marketing, or distributing, in the primary channel of trade, tropical or subtropical fruit or vegetables produced, purchased, or acquired from a producer, or being marketed on behalf of a producer, whether by the owner, agent, employee, broker, or otherwise, but shall not include such activity by a person engaged in the business of retailing.

(c)  "Handle" means to produce, distribute, retail, or transport tropical or subtropical fruit or vegetables in the primary channel of trade.

(d)  "Handler" means any person engaged in growing, distributing, retailing, or transporting tropical or subtropical fruit or vegetables in the primary channel of trade.

(e)  "Inspector" means an inspector or agent of the department.

(f)  "Primary channel of trade" means that period of time when tropical or subtropical fruit or vegetables are cut, gathered from the ground, or otherwise harvested for commercial purposes. However, these commodities shall cease to be in the "primary channel of trade" if and when they leave intrastate commerce.

(g)  "Retail" means to engage in the business of purchasing or acquiring tropical or subtropical fruit or vegetables for resale at retail to the general public, but does not include such activity by a person engaged in the business of distributing.

(h)  "Tropical or subtropical fruit" means avocados, bananas, calamondins, carambolas, guavas, kumquats, limes, longans, loquats, lychees, mameys, mangoes, papayas, passion fruit, sapodillas, and fruit that must be grown in tropical or semitropical regions, except citrus fruit as defined in s. 601.03(7).

(i)  "Vegetables" means tomatoes, peppers, squash, cucumbers, leafy greens, green beans, eggplant, sweet corn, and cabbage. The Department of Agriculture and Consumer Services may by rule include additional vegetables.

(4)  IDENTIFICATION OF HANDLER.--At the time of each transaction involving the handling or sale of 55 pounds or more of tropical or subtropical fruit or vegetables in the primary channel of trade, the buyer or receiver of the tropical or subtropical fruit or vegetables shall demand a bill of sale, invoice, sales memorandum, or other document listing the date of the transaction, the quantity of the tropical or subtropical fruit or vegetables involved in the transaction, and the identification of the seller or handler as it appears on the driver's license of the seller or handler, including the driver's license number. If the seller or handler does not possess a driver's license, the buyer or receiver shall use any other acceptable means of identification, i.e., voter's registration card and number, draft card, social security card, or other identification. However, no less than two identification documents shall be used. The identification of the seller or handler shall be recorded on the bill of sale, sales memorandum, invoice, or voucher, which shall be retained by the buyer or receiver for a period of not less than 1 year from the date of the transaction.

(5)  CONFISCATION.--When any person is in violation of subsection (4), an inspector or any law enforcement officer as defined in chapter 943 shall confiscate any and all tropical or subtropical fruit or vegetables in the possession of that person.

(6)  Each person engaged in the business of packing or shipping tropical or subtropical fruit or vegetables for resale or distribution, except growers or growers' agents transporting their own tropical or subtropical fruit or vegetables, shall accept such fruit or vegetables delivered only in a standard industry field container.

(7)  PENALTY.--In addition to confiscation of tropical or subtropical fruit or vegetables as provided in subsection (5), whoever knowingly, willfully, and intentionally violates the provisions of subsection (4) shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 2, 3, 4, 5, 6, ch. 73-77; s. 1, ch. 75-267; s. 5, ch. 92-290; s. 42, ch. 92-291; s. 34, ch. 93-169; s. 1, ch. 98-123.

570.901  Florida Agricultural Museum.--The Florida Agricultural Museum is designated as the museum of agriculture and rural history of the State of Florida and is hereby established within the department.

History.--s. 11, ch. 92-151.

570.902  Definitions.--For the purpose of ss. 570.902 and 570.903:

(1)  "Designated program" means the specific departmental program which a direct-support organization has been created to support.

(2)  "Direct-support organization" or "organization" means an organization which is a Florida corporation not for profit incorporated under the provisions of chapter 617 and approved by the department to operate for the benefit of a museum or a specific departmental program.

(3)  "Museum" means the Florida Agricultural Museum which is designated as the museum for agriculture and rural history of the State of Florida.

History.--s. 12, ch. 92-151; s. 36, ch. 93-169.

570.903  Direct-support organization.--

(1)  When the Legislature authorizes the establishment of a direct-support organization to provide assistance for the museums and other programs of the department, in addition to any specific provisions elsewhere stated, the following provisions shall govern the creation, use, powers, and duties of the direct-support organization.

(a)  The department shall enter into a memorandum or letter of agreement with the direct-support organization, which shall specify the approval of the department, the powers and duties of the direct-support organization, and rules with which the direct-support organization shall comply.

(b)  The department may permit, without charge, appropriate use of property, facilities, and personnel of the department by a direct-support organization, subject to the provisions of ss. 570.902 and 570.903. The use shall be directly in keeping with the approved purposes of the direct-support organization and shall not be made at times or places that would unreasonably interfere with opportunities for the general public to use department facilities for established purposes.

(c)  The department shall prescribe by contract or by rule conditions with which a direct-support organization shall comply in order to use property, facilities, or personnel of the department or museum. Such rules shall provide for budget and audit review and oversight by the department.

(d)  The department shall not permit the use of property, facilities, or personnel of the museum, department, or designated program by a direct-support organization which does not provide equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.

(2)(a)  The direct-support organization shall be empowered to conduct programs and activities; raise funds; request and receive grants, gifts, and bequests of money; acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and make expenditures to or for the direct or indirect benefit of the museum or designated program.

(b)  Notwithstanding the provisions of s. 287.057, the direct-support organization may enter into contracts or agreements with or without competitive bidding for the restoration of objects, historical buildings, and other historical materials or for the purchase of objects, historical buildings, and other historical materials which are to be added to the collections of the museum, or benefit the designated program. However, before the direct-support organization may enter into a contract or agreement without competitive bidding, the direct-support organization shall file a certification of conditions and circumstances with the internal auditor of the department justifying each contract or agreement.

(c)  Notwithstanding the provisions of s. 287.025(1)(e), the direct-support organization may enter into contracts to insure property of the museum or designated programs and may insure objects or collections on loan from others in satisfying security terms of the lender.

(3)(a)  The direct-support organization shall make provisions for an annual audit of its financial accounts to be conducted by an independent certified public accountant in accordance with generally accepted accounting principles; provided that a direct-support organization having less than $25,000 in total assets may be audited by the department. The annual audit report shall be submitted to the Auditor General and to the department for review within 2 months after the end of the direct-support organization's fiscal year.

(b)  If the direct-support organization fails to submit the audit report at the appropriate time, the Auditor General may, pursuant to her or his own authority, conduct the audit, or the Auditor General shall conduct the audit at the direction of the Joint Legislative Auditing Committee, or the department shall engage an independent certified public accountant to conduct the audit. The direct-support organization shall pay for the entire costs of the audit.

(c)  The Auditor General and the department shall have the authority to require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the direct-support organization.

(4)  Neither a designated program or a museum, nor a nonprofit corporation trustee or employee may:

(a)  Receive a commission, fee, or financial benefit in connection with the sale or exchange of historical objects or properties to the direct-support organization, the museum, or the designated program; or

(b)  Be a business associate of any individual, firm, or organization involved in the sale or exchange of property to the direct-support organization, the museum, or the designated program.

(5)  All moneys received by the direct-support organization shall be deposited into an account of the direct-support organization and shall be used by the organization in a manner consistent with the goals of the museum or designated program.

(6)  The identity of a donor or prospective donor who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(7)  The Commissioner of Agriculture, or the commissioner's designee, may serve on the board of trustees and the executive committee of any direct-support organization established to benefit the museum or any designated program.

(8)  The department shall establish by rule archival procedures relating to museum artifacts and records. The rules shall provide procedures which protect the museum's artifacts and records equivalent to those procedures which have been established by the Department of State under chapters 257 and 267.

History.--s. 13, ch. 92-151; s. 37, ch. 93-169; s. 1, ch. 95-126; s. 350, ch. 96-406; s. 1184, ch. 97-103.

570.91  Florida agriculture in the classroom.--The Florida agriculture in the classroom program is hereby established within the department. The purpose of this program is to:

(1)  Conduct programs and activities related to collecting and producing resources and materials for agricultural education enhancement programs.

(2)  Establish local resource contracts to distribute teacher resources and materials.

(3)  Identify methods to integrate resources and materials into the classroom and provide teacher training programs.

History.--s. 17, ch. 92-151.

570.912  Direct-support organization.--

(1)  The department is authorized to create a direct-support organization to provide assistance for the Florida agriculture in the classroom program.

(2)  The direct-support organization shall be governed by the provisions of ss. 570.902 and 570.903.

History.--s. 19, ch. 92-151; s. 39, ch. 93-169.

570.951  Florida Agriculture Center and Horse Park; legislative findings.--It is the finding of the Legislature that:

(1)  Agriculture is an important industry to the State of Florida, producing over $6 billion per year while supporting over 230,000 jobs.

(2)  Equine and other agriculture-related industries will strengthen and benefit each other with the establishment of a statewide agriculture and horse facility.

(3)  A Florida Agriculture Center and Horse Park will provide Florida with a unique tourist experience for visitors and residents, thus generating taxes and additional dollars for the state.

(4)  Promoting the Florida Agriculture Center and Horse Park as a joint effort between the state and the private sector will allow this facility to utilize experts and generate revenue from many areas to ensure the success of this facility.

History.--s. 1, ch. 94-301.

570.952  Florida Agriculture Center and Horse Park Authority.--

(1)  There is created within the Department of Agriculture and Consumer Services the Florida Agriculture Center and Horse Park Authority which shall be governed by this section and s. 570.903.

(2)  The authority shall be composed of 23 members appointed by the commissioner.

(a)  Members shall include:

1.  One citizen-at-large, who shall represent the views of the general public toward agriculture and equine activities in the state.

2.  One representative from the Department of Agriculture and Consumer Services.

3.  One representative from Enterprise Florida, Inc.

4.  One representative from the Department of Environmental Protection, Office of Greenways Management.

5.  One member of the Ocala/Marion County Chamber of Commerce.

6.  One public/private partnership expert.

7.  One member of a private environmental organization.

8.  One fruit and vegetable grower.

9.  One citrus grower.

10.  One commercial feed producer.

11.  One livestock/cattle breeder.

12.  One quarter horse breeder.

13.  One thoroughbred horse breeder.

14.  One standardbred horse breeder.

15.  One Arabian horse breeder.

16.  One color breeds horse breeder.

17.  One licensed veterinarian.

18.  One Paso Fino horse breeder.

19.  One ornamental or nursery stock grower.

20.  One representative from the horse show industry.

21.  One representative from the horse sport industry.

22.  One representative from the horse trailriders industry.

23.  One representative from the Board of County Commissioners of Marion County.

(b)  With the exception of department employees and the citizen-at-large, each member shall be selected from two or three nominees submitted by recognized statewide organizations representing each interest or trade enumerated in this section. In the absence of nominations, the commissioner shall appoint persons who otherwise meet the qualifications for nomination and appointment to the authority.

(c)  Initially, 12 members shall be appointed for 4-year terms and 11 members shall be appointed for 2-year terms. Thereafter, each member shall be appointed for a term of 4 years from the date of appointment, except that a vacancy shall be filled by appointment for the remainder of the term.

(d)  Any member of the authority who fails to attend three consecutive authority meetings without good cause shall be deemed to have resigned from the authority. The commissioner shall appoint a person representing the same interest or trade as the resigning member.

(3)  The Florida Agriculture Center and Horse Park Authority shall have the power and duty to:

(a)  Appoint, with approval from the commissioner, an executive director for the Florida Agriculture Center and Horse Park.

(b)  Establish rules of procedure for conducting its meetings and approving matters before the authority that are consistent with s. 570.903.

(c)  Develop, document, and implement strategies for the planning, construction, and operation of the Florida Agriculture Center and Horse Park.

(d)  Advise and consult with the commissioner on matters related to the Florida Agriculture Center and Horse Park.

(e)  Consider all matters submitted to the authority by the commissioner.

(4)  The authority shall meet at least semiannually and elect a chairperson, a vice chairperson, and a secretary for 1-year terms.

(a)  The authority shall meet at the call of its chairperson, at the request of a majority of its membership, at the request of the commissioner, or at such times as may be prescribed by its rules of procedure.

(b)  The department shall be responsible for providing administrative and staff support services relating to the meetings of the authority and shall provide suitable space in the offices of the department for the meetings and the storage of records of the authority.

(c)  In conducting its meetings, the authority shall use accepted rules of procedure. The secretary shall keep a complete record of the proceedings of each meeting, which record shall show the names of the members present and the actions taken. These records shall be kept on file with the department, and such records and other documents regarding matters within the jurisdiction of the authority shall be subject to inspection by members of the authority.

(5)  The commissioner shall submit information annually to the Speaker of the House of Representatives and the President of the Senate reporting the activities of the Florida Agriculture Center and Horse Park Authority and the progress of the Florida Agriculture Center and Horse Park, including, but not limited to, pertinent planning, budgeting, and operational information concerning the authority.

History.--s. 2, ch. 94-301; s. 8, ch. 95-220; s. 7, ch. 98-396; s. 9, ch. 99-391.

570.953  Agriculture Center and Horse Park Authority; donor identity; records; confidentiality.--The identity of a donor to the Florida Agriculture Center and Horse Park Authority, if so requested by the donor in writing, is confidential and exempt from s. 24(a), Art. I of the State Constitution and the provisions of s. 119.07(1). All other records of the authority are public records for the purposes of chapter 119. This exemption is necessary to protect the privacy of the donor and to encourage donors to make donations without being subjected to requests for moneys from other persons.

History.--s. 1, ch. 94-283; s. 351, ch. 96-406.