Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1050
       
       
       
       
       
                               Ì437900ÃÎ437900                          
       
       576-02433-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 482.1562, F.S.;
    4         clarifying the date by which an application for
    5         recertification of a limited certification for urban
    6         landscape commercial fertilizer application is
    7         required; removing provisions imposing late renewal
    8         charges; providing a grace period for such
    9         recertification; amending s. 500.03, F.S.; defining
   10         terms relating to the Florida Food Safety Act;
   11         amending s. 570.07, F.S.; revising powers and duties
   12         of the department to include sponsoring events;
   13         authorizing the department to secure letters of
   14         patent, copyrights, and trademarks on work products
   15         and to engage in acts accordingly; amending s. 570.30,
   16         F.S.; removing electronic data processing and
   17         management information systems support for the
   18         department as a power and duty of the Division of
   19         Administration; amending s. 570.441, F.S.; authorizing
   20         the use of funds in the Pest Control Trust Fund for
   21         activities of the Division of Agricultural
   22         Environmental Services; amending s. 570.50, F.S.;
   23         revising powers and duties of the Division of Food
   24         Safety to include analyzing milk, milk products, and
   25         frozen desserts offered for sale in the state;
   26         amending s. 570.53, F.S.; revising duties of the
   27         Division of Marketing and Development to remove
   28         enforcement of provisions relating to dealers in
   29         agricultural products; amending s. 570.544, F.S.;
   30         revising duties of the director of the Division of
   31         Consumer Services to include enforcement of provisions
   32         relating to dealers in agricultural products and grain
   33         dealers; creating s. 570.68, F.S.; authorizing the
   34         Commissioner of Agriculture to create an Office of
   35         Agriculture Technology Services; providing duties of
   36         the office; amending s. 570.681, F.S.; clarifying
   37         legislative findings with regard to the Florida
   38         Agriculture Center and Horse Park; amending s.
   39         570.685, F.S.; authorizing rather than requiring the
   40         department to provide administrative and staff support
   41         services, meeting space, and record storage for the
   42         Florida Agriculture Center and Horse Park Authority;
   43         amending s. 571.24, F.S.; clarifying the intent of the
   44         Florida Agricultural Promotional Campaign as a
   45         marketing program; removing an obsolete provision
   46         relating to the designation of a division employee as
   47         a member of the Advertising Interagency Coordinating
   48         Council; amending s. 571.27, F.S.; removing obsolete
   49         provisions relating to the authority of the department
   50         to adopt rules for entering into contracts with
   51         advertising agencies for services that are directly
   52         related to the Florida Agricultural Promotional
   53         Campaign; amending s. 571.28, F.S.; revising
   54         provisions specifying membership criteria of the
   55         Florida Agricultural Promotional Campaign Advisory
   56         Council; amending s. 581.181, F.S.; providing
   57         applicability of provisions requiring treatment or
   58         destruction of infested or infected plants and plant
   59         products; repealing s. 589.26, F.S., relating to the
   60         authority of the Florida Forest Service to dedicate
   61         and reserve state park lands for public use; amending
   62         s. 595.402, F.S.; defining terms relating to the
   63         school food and nutrition service program; amending s.
   64         595.404, F.S.; revising duties of the department with
   65         regard to the school food and nutrition service
   66         program; directing the department to collect and
   67         publish data on food purchased by sponsors through the
   68         Florida Farm to School Program and other school food
   69         and nutrition service programs; amending s. 595.405,
   70         F.S.; clarifying requirements for the School Nutrition
   71         Program; providing for breakfast meals to be available
   72         to all students in schools that serve any combination
   73         of grades kindergarten through 5; amending s. 595.406,
   74         F.S.; renaming the “Florida Farm Fresh Schools
   75         Program” as the “Florida Farm to School Program”;
   76         authorizing the department to establish by rule a
   77         recognition program for certain sponsors; amending s.
   78         595.407, F.S.; revising provisions of the children’s
   79         summer nutrition program to include certain schools
   80         that serve any combination of grades kindergarten
   81         through 5; revising provisions relating to the
   82         duration of the program; authorizing school districts
   83         to exclude holidays and weekends; amending s. 595.408,
   84         F.S.; conforming references to changes made by the
   85         act; amending s. 595.501, F.S.; requiring entities to
   86         complete corrective action plans required by the
   87         department or a federal agency to be in compliance
   88         with school food and nutrition service programs;
   89         amending s. 595.601, F.S.; correcting a cross
   90         reference; amending s. 604.20, F.S.; removing a
   91         provision requiring an applicant for license as a
   92         dealer in agricultural products to submit a letter
   93         acknowledging assignment of a certificate of deposit
   94         from the issuing institution; amending s. 604.33,
   95         F.S.; removing provisions requiring grain dealers to
   96         submit monthly reports; authorizing rather than
   97         requiring the department to make at least one spot
   98         check annually of each grain dealer; requiring certain
   99         property to be deeded to the Department of Agriculture
  100         and Consumer Services by a certain date; requiring the
  101         department to sell a portion of the deeded property;
  102         requiring the proceeds from the sale to be deposited
  103         into a specified trust fund; requiring the department
  104         to develop a plan to use the net proceeds from the
  105         sale for facility repairs and construction of an
  106         agricultural diagnostic laboratory at the Bronson
  107         Animal Disease Diagnostic Laboratory; requiring the
  108         plan to be submitted to the Governor and the
  109         Legislature by a certain date; providing an effective
  110         date.
  111          
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. Subsections (5) and (6) of section 482.1562,
  115  Florida Statutes, are amended to read:
  116         482.1562 Limited certification for urban landscape
  117  commercial fertilizer application.—
  118         (5) An application for recertification must be made 4 years
  119  after the date of issuance at least 90 days before the
  120  expiration of the current certificate and be accompanied by:
  121         (a) Proof of having completed the 4 classroom hours of
  122  acceptable continuing education required under subsection (4).
  123         (b) A recertification fee set by the department in an
  124  amount of at least $25 but not more than $75. Until the fee is
  125  set by rule, the fee for certification is $25.
  126         (6) A late renewal charge of $50 per month shall be
  127  assessed 30 days after the date the application for
  128  recertification is due and must be paid in addition to the
  129  renewal fee. Unless timely recertified, a certificate
  130  automatically expires 90 days after the recertification date.
  131  Upon expiration, or after a grace period which does not exceed
  132  30 days after expiration, a certificate may be issued only upon
  133  reapplying in accordance with subsection (3).
  134         Section 2. Present paragraph (bb) of subsection (1) of
  135  section 500.03, Florida Statutes, is redesignated as paragraph
  136  (cc), and a new paragraph (bb) and paragraphs (dd) and (ee) are
  137  added to that subsection, to read:
  138         500.03 Definitions; construction; applicability.—
  139         (1) For the purpose of this chapter, the term:
  140         (bb) “Retail” means the offering of food directly to the
  141  consumer.
  142         (dd) “Vehicle” means a mode of transportation or mobile
  143  carrier used to transport food from one location to another,
  144  including, but not limited to, carts, vans, trucks, cars, trains
  145  and railway transport, and aircraft and watercraft type
  146  transport.
  147         (ee) “Wholesale” means the offering of food to businesses
  148  for resale.
  149         Section 3. Paragraph (c) of subsection (20) of section
  150  570.07, Florida Statutes, is amended, and subsection (44) is
  151  added to that section, to read:
  152         570.07 Department of Agriculture and Consumer Services;
  153  functions, powers, and duties.—The department shall have and
  154  exercise the following functions, powers, and duties:
  155         (20)
  156         (c) To sponsor events, trade breakfasts, luncheons, and
  157  dinners and distribute promotional materials and favors in
  158  connection with meetings, conferences, and conventions of
  159  dealers, buyers, food editors, and merchandising executives that
  160  will assist in the promotion and marketing of Florida’s
  161  agricultural and agricultural business products to the consuming
  162  public.
  163  
  164  The department is authorized to receive and expend donations
  165  contributed by private persons for the purpose of covering costs
  166  associated with the above described activities.
  167         (44) The department may, in its own name:
  168         (a) Perform all things necessary to secure letters of
  169  patent, copyrights, and trademarks on any work products of the
  170  department and enforce its rights therein.
  171         (b) License, lease, assign, or otherwise give written
  172  consent to any person, firm, or corporation for the manufacture
  173  or use of such department work products on a royalty basis or
  174  for such other consideration as the department shall deem
  175  proper.
  176         (c) Take any action necessary, including legal action, to
  177  protect such department work products against improper or
  178  unlawful use or infringement.
  179         (d) Enforce the collection of any sums due to the
  180  department for the manufacture or use of such department work
  181  products by another party.
  182         (e) Sell any of such department work products and execute
  183  all instruments necessary to consummate any such sale.
  184         (f) Do all other acts necessary and proper for the
  185  execution of powers and duties conferred upon the department by
  186  this section, including adopting rules, as necessary, in order
  187  to administer this section.
  188         Section 4. Subsection (5) of section 570.30, Florida
  189  Statutes, is amended, to read:
  190         570.30 Division of Administration; powers and duties.—The
  191  Division of Administration shall render services required by the
  192  department and its other divisions, or by the commissioner in
  193  the exercise of constitutional and cabinet responsibilities,
  194  that can advantageously and effectively be centralized and
  195  administered and any other function of the department that is
  196  not specifically assigned by law to some other division. The
  197  duties of this division include, but are not limited to:
  198         (5) Providing electronic data processing and management
  199  information systems support for the department.
  200         Section 5. Subsection (4) is added to section 570.441,
  201  Florida Statutes, to read:
  202         570.441 Pest Control Trust Fund.—
  203         (4) In addition to the uses authorized under subsection
  204  (2), moneys collected or received by the department under
  205  chapter 482 may be used to carry out the provisions of s.
  206  570.44. This subsection expires June 30, 2018.
  207         Section 6. Subsection (5) of section 570.50, Florida
  208  Statutes, is amended to read:
  209         570.50 Division of Food Safety; powers and duties.—The
  210  duties of the Division of Food Safety include, but are not
  211  limited to:
  212         (5) Analyzing food and feed samples offered for sale in the
  213  state for chemical residues as required under the adulteration
  214  sections of chapters 500, 502, and 580.
  215         Section 7. Subsection (2) of section 570.53, Florida
  216  Statutes, is amended to read:
  217         570.53 Division of Marketing and Development; powers and
  218  duties.—The powers and duties of the Division of Marketing and
  219  Development include, but are not limited to:
  220         (2) Enforcing the provisions of ss. 604.15-604.34, the
  221  dealers in agricultural products law, and ss. 534.47-534.53.
  222         Section 8. Subsection (2) of section 570.544, Florida
  223  Statutes, is amended to read:
  224         570.544 Division of Consumer Services; director; powers;
  225  processing of complaints; records.—
  226         (2) The director shall supervise, direct, and coordinate
  227  the activities of the division and shall, under the direction of
  228  the department, enforce the provisions of ss. 604.15-604.34 and
  229  chapters 472, 496, 501, 507, 525, 526, 527, 531, 539, 559, 616,
  230  and 849.
  231         Section 9. Section 570.68, Florida Statutes, is created to
  232  read:
  233         570.68 Office of Agriculture Technology Services.—The
  234  commissioner may create an Office of Agriculture Technology
  235  Services under the supervision of a senior manager exempt under
  236  s. 110.205 in the Senior Management Service. The office shall
  237  provide electronic data processing and agency information
  238  technology services to support and facilitate the functions,
  239  powers, and duties of the department.
  240         Section 10. Section 570.681, Florida Statutes, is amended
  241  to read:
  242         570.681 Florida Agriculture Center and Horse Park;
  243  legislative findings.—It is the finding of the Legislature that:
  244         (1) Agriculture is an important industry to the State of
  245  Florida, producing over $6 billion per year while supporting
  246  over 230,000 jobs.
  247         (1)(2) Equine and other agriculture-related industries will
  248  strengthen and benefit each other with the establishment of a
  249  statewide agriculture and horse facility.
  250         (2)(3)The A Florida Agriculture Center and Horse Park
  251  provides will provide Florida with a unique tourist experience
  252  for visitors and residents, thus generating taxes and additional
  253  dollars for the state.
  254         (3)(4) Promoting the Florida Agriculture Center and Horse
  255  Park as a joint effort between the state and the private sector
  256  allows will allow this facility to utilize experts and generate
  257  revenue from many areas to ensure the success of this facility.
  258         Section 11. Paragraphs (b) and (c) of subsection (4) of
  259  section 570.685, Florida Statutes, are amended to read:
  260         570.685 Florida Agriculture Center and Horse Park
  261  Authority.—
  262         (4) The authority shall meet at least semiannually and
  263  elect a chair, a vice chair, and a secretary for 1-year terms.
  264         (b) The department may provide shall be responsible for
  265  providing administrative and staff support services relating to
  266  the meetings of the authority and may shall provide suitable
  267  space in the offices of the department for the meetings and the
  268  storage of records of the authority.
  269         (c) In conducting its meetings, the authority shall use
  270  accepted rules of procedure. The secretary shall keep a complete
  271  record of the proceedings of each meeting, which shows record
  272  shall show the names of the members present and the actions
  273  taken. These records shall be kept on file with the department,
  274  and such records and other documents regarding matters within
  275  the jurisdiction of the authority shall be subject to inspection
  276  by members of the authority.
  277         Section 12. Section 571.24, Florida Statutes, is amended to
  278  read:
  279         571.24 Purpose; duties of the department.—The purpose of
  280  this part is to authorize the department to establish and
  281  coordinate the Florida Agricultural Promotional Campaign, which
  282  is intended to serve as a marketing program to promote Florida
  283  agricultural commodities, value-added products, and agricultural
  284  related businesses and not a food safety or traceability
  285  program. The duties of the department shall include, but are not
  286  limited to:
  287         (1) Developing logos and authorizing the use of logos as
  288  provided by rule.
  289         (2) Registering participants.
  290         (3) Assessing and collecting fees.
  291         (4) Collecting rental receipts for industry promotions.
  292         (5) Developing in-kind advertising programs.
  293         (6) Contracting with media representatives for the purpose
  294  of dispersing promotional materials.
  295         (7) Assisting the representative of the department who
  296  serves on the Florida Agricultural Promotional Campaign Advisory
  297  Council.
  298         (8) Designating a division employee to be a member of the
  299  Advertising Interagency Coordinating Council.
  300         (8)(9) Adopting rules pursuant to ss. 120.536(1) and 120.54
  301  to implement the provisions of this part.
  302         (9)(10) Enforcing and administering the provisions of this
  303  part, including measures ensuring that only Florida agricultural
  304  or agricultural based products are marketed under the “Fresh
  305  From Florida” or “From Florida” logos or other logos of the
  306  Florida Agricultural Promotional Campaign.
  307         Section 13. Section 571.27, Florida Statutes, is amended to
  308  read:
  309         571.27 Rules.—The department is authorized to adopt rules
  310  that implement, make specific, and interpret the provisions of
  311  this part, including rules for entering into contracts with
  312  advertising agencies for services which are directly related to
  313  the Florida Agricultural Promotional Campaign. Such rules shall
  314  establish the procedures for negotiating costs with the offerors
  315  of such advertising services who have been determined by the
  316  department to be qualified on the basis of technical merit,
  317  creative ability, and professional competency. Such
  318  determination of qualifications shall also include consideration
  319  of the provisions in s. 287.055(3), (4), and (5). The department
  320  is further authorized to determine, by rule, the logos or
  321  product identifiers to be depicted for use in advertising,
  322  publicizing, and promoting the sale of Florida agricultural
  323  products or agricultural-based products in the Florida
  324  Agricultural Promotional Campaign. The department may also adopt
  325  rules consistent not inconsistent with the provisions of this
  326  part as in its judgment may be necessary for participant
  327  registration, renewal of registration, classes of membership,
  328  application forms, and as well as other forms and enforcement
  329  measures ensuring compliance with this part.
  330         Section 14. Subsection (1) of section 571.28, Florida
  331  Statutes, is amended to read:
  332         571.28 Florida Agricultural Promotional Campaign Advisory
  333  Council.—
  334         (1) ORGANIZATION.—There is hereby created within the
  335  department the Florida Agricultural Promotional Campaign
  336  Advisory Council, to consist of 15 members appointed by the
  337  Commissioner of Agriculture for 4-year staggered terms. The
  338  membership shall include: 13 six members representing
  339  agricultural producers, shippers, or packers, three members
  340  representing agricultural retailers, two members representing
  341  agricultural associations, and wholesalers one member
  342  representing a wholesaler of agricultural products, one member
  343  representing consumers, and one member representing the
  344  department. Initial appointment of the council members shall be
  345  four members to a term of 4 years, four members to a term of 3
  346  years, four members to a term of 2 years, and three members to a
  347  term of 1 year.
  348         Section 15. Subsection (3) is added to section 581.181,
  349  Florida Statutes, to read:
  350         581.181 Notice of infection of plants; destruction.—
  351         (3) This section does not apply to plants or plant products
  352  infested with pests or noxious weeds that are determined to be
  353  widely established within the state and are not specifically
  354  regulated under other sections of statutes or rules adopted by
  355  the department.
  356         Section 16. Section 589.26, Florida Statutes, is repealed.
  357         Section 17. Present subsections (4) and (5) of section
  358  595.402, Florida Statutes, are renumbered as subsections (5) and
  359  (6), respectively, and a new subsection (4) and subsections (7)
  360  and (8) are added to that section, to read:
  361         595.402 Definitions.—As used in this chapter, the term:
  362         (4) “School breakfast program” means a program authorized
  363  by section 4 of the Child Nutrition Act of 1966 and administered
  364  by the department.
  365         (7) “Summer nutrition program” means one or more of the
  366  programs authorized under 42 U.S.C. s. 1761.
  367         (8) “Universal school breakfast program” means a program
  368  that makes breakfast available at no cost to all students
  369  regardless of their household income.
  370         Section 18. Subsections (5) and (12) of section 595.404,
  371  Florida Statutes, are amended, and subsection (13) is added to
  372  that section, to read:
  373         595.404 School food and nutrition service program; powers
  374  and duties of the department.—The department has the following
  375  powers and duties:
  376         (5) To provide make a reasonable effort to ensure that any
  377  school designated as a “severe need school” receives the highest
  378  rate of reimbursement to which it is entitled under 42 U.S.C. s.
  379  1773 for each breakfast meal served.
  380         (12) To advance funds from the program’s annual
  381  appropriation to a summer nutrition program sponsors, when
  382  requested, in order to implement the provisions of this chapter
  383  and in accordance with federal regulations.
  384         (13) To collect data on food purchased through the programs
  385  defined in ss. 595.402(3) and 595.406 and to publish that data
  386  annually.
  387         Section 19. Section 595.405, Florida Statutes, is amended
  388  to read:
  389         595.405 School Nutrition Program requirements for school
  390  districts and sponsors.—
  391         (1) Each school district school board shall consider the
  392  recommendations of the district school superintendent and adopt
  393  policies to provide for an appropriate food and nutrition
  394  service program for students consistent with federal law and
  395  department rules.
  396         (2) Each school district school board shall implement
  397  school breakfast programs that make breakfast meals available to
  398  all students in each elementary school that serves any
  399  combination of grades kindergarten through 5. Universal school
  400  breakfast programs shall be offered in schools in which 80
  401  percent or more of the students are eligible for free or
  402  reduced-price meals. Each school shall, to the maximum extent
  403  practicable, make breakfast meals available to students at an
  404  alternative site location, which may include, but need not be
  405  limited to, alternative breakfast options as described in
  406  publications of the Food and Nutrition Service of the United
  407  States Department of Agriculture for the federal School
  408  Breakfast Program.
  409         (3) Each school district school board must annually set
  410  prices for breakfast meals at rates that, combined with federal
  411  reimbursements and state allocations, are sufficient to defray
  412  costs of school breakfast programs without requiring allocations
  413  from the district’s operating funds, except if the district
  414  school board approves lower rates.
  415         (4) Each school district is encouraged to provide
  416  universal, free school breakfast meals to all students in each
  417  elementary, middle, and high school. Each school district shall
  418  approve or disapprove a policy, after receiving public testimony
  419  concerning the proposed policy at two or more regular meetings,
  420  which makes universal, free school breakfast meals available to
  421  all students in each elementary, middle, and high school in
  422  which 80 percent or more of the students are eligible for free
  423  or reduced-price meals.
  424         (4)(5) Each elementary, middle, and high school operating a
  425  breakfast program shall make a breakfast meal available if a
  426  student arrives at school on the school bus less than 15 minutes
  427  before the first bell rings and shall allow the student at least
  428  15 minutes to eat the breakfast.
  429         (5) Each school district is encouraged to provide
  430  universal, free school breakfast meals to all students in each
  431  elementary, middle, and high school. A universal school
  432  breakfast program shall be implemented in each school in which
  433  80 percent or more of the students are eligible for free or
  434  reduced-price meals, unless the district school board, after
  435  considering public testimony at two or more regularly scheduled
  436  board meetings, decides to not implement such a program in such
  437  schools.
  438         (6) To increase school breakfast and universal school
  439  breakfast program participation, each school district must, to
  440  the maximum extent practicable, make breakfast meals available
  441  to students through alternative service models as described in
  442  publications of the Food and Nutrition Service of the United
  443  States Department of Agriculture for the federal School
  444  Breakfast Program.
  445         (7)(6) Each school district school board shall annually
  446  provide to all students in each elementary, middle, and high
  447  school information prepared by the district’s food service
  448  administration regarding available its school breakfast
  449  programs. The information shall be communicated through school
  450  announcements and written notices sent to all parents.
  451         (8)(7) A school district school board may operate a
  452  breakfast program providing for food preparation at the school
  453  site or in central locations with distribution to designated
  454  satellite schools or any combination thereof.
  455         (8) Each sponsor shall complete all corrective action plans
  456  required by the department or a federal agency to be in
  457  compliance with the program.
  458         Section 20. Section 595.406, Florida Statutes, is amended
  459  to read:
  460         595.406 Florida Farm to School Fresh Schools Program.—
  461         (1) In order to implement the Florida Farm to School Fresh
  462  Schools Program, the department shall develop policies
  463  pertaining to school food services which encourage:
  464         (a) Sponsors to buy fresh and high-quality foods grown in
  465  this state when feasible.
  466         (b) Farmers in this state to sell their products to
  467  sponsors, school districts, and schools.
  468         (c) Sponsors to demonstrate a preference for competitively
  469  priced organic food products.
  470         (d) Sponsors to make reasonable efforts to select foods
  471  based on a preference for those that have maximum nutritional
  472  content.
  473         (2) The department shall provide outreach, guidance, and
  474  training to sponsors, schools, school food service directors,
  475  parent and teacher organizations, and students about the benefit
  476  of fresh food products from farms in this state.
  477         (3) The department may recognize sponsors who purchase at
  478  least 10 percent of the food they serve from the Florida Farm to
  479  School Program.
  480         Section 21. Subsection (2) of section 595.407, Florida
  481  Statutes, is amended to read:
  482         595.407 Children’s summer nutrition program.—
  483         (2) Each school district shall develop a plan to sponsor or
  484  operate a summer nutrition program to operate sites in the
  485  school district as follows:
  486         (a) Within 5 miles of at least one elementary school that
  487  serves any combination of grades kindergarten through 5 at which
  488  50 percent or more of the students are eligible for free or
  489  reduced-price school meals and for the duration of 35
  490  consecutive days between the end of the school year and the
  491  beginning of the next school year. School districts may exclude
  492  holidays and weekends.
  493         (b) Within 10 miles of each elementary school that serves
  494  any combination of grades kindergarten through 5 at which 50
  495  percent or more of the students are eligible for free or
  496  reduced-price school meals, except as operated pursuant to
  497  paragraph (a).
  498         Section 22. Section 595.408, Florida Statutes, is amended
  499  to read:
  500         595.408 Food Commodity distribution services; department
  501  responsibilities and functions.—
  502         (1)(a) The department shall conduct, supervise, and
  503  administer all food commodity distribution services that will be
  504  carried on using federal or state funds, or funds from any other
  505  source, or food commodities received and distributed from the
  506  United States or any of its agencies.
  507         (b) The department shall determine the benefits each
  508  applicant or recipient of assistance is entitled to receive
  509  under this chapter, provided that each applicant or recipient is
  510  a resident of this state and a citizen of the United States or
  511  is an alien lawfully admitted for permanent residence or
  512  otherwise permanently residing in the United States under color
  513  of law.
  514         (2) The department shall cooperate fully with the United
  515  States Government and its agencies and instrumentalities so that
  516  the department may receive the benefit of all federal financial
  517  allotments and assistance possible to carry out the purposes of
  518  this chapter.
  519         (3) The department may:
  520         (a) Accept any duties with respect to food commodity
  521  distribution services as are delegated to it by an agency of the
  522  federal government or any state, county, or municipal
  523  government.
  524         (b) Act as agent of, or contract with, the federal
  525  government, state government, or any county or municipal
  526  government in the administration of food commodity distribution
  527  services to secure the benefits of any public assistance that is
  528  available from the federal government or any of its agencies,
  529  and in the distribution of funds received from the federal
  530  government, state government, or any county or municipal
  531  government for food commodity distribution services within the
  532  state.
  533         (c) Accept from any person or organization all offers of
  534  personal services, food commodities, or other aid or assistance.
  535         (4) This chapter does not limit, abrogate, or abridge the
  536  powers and duties of any other state agency.
  537         Section 23. Section 595.501, Florida Statutes, is amended
  538  to read:
  539         595.501 Penalties.—
  540         (1) When a corrective action plan is issued by the
  541  department or a federal agency, each sponsor is required to
  542  complete the corrective action plan to be in compliance with the
  543  program.
  544         (2) Any person or, sponsor, or school district that
  545  violates any provision of this chapter or any rule adopted
  546  thereunder or otherwise does not comply with the program is
  547  subject to a suspension or revocation of their agreement, loss
  548  of reimbursement, or a financial penalty in accordance with
  549  federal or state law or both. This section does not restrict the
  550  applicability of any other law.
  551         Section 24. Section 595.601, Florida Statutes, is amended
  552  to read:
  553         595.601 Food and Nutrition Services Trust Fund.—Chapter 99
  554  37, Laws of Florida, recreated the Food and Nutrition Services
  555  Trust Fund to record revenue and disbursements of Federal Food
  556  and Nutrition funds received by the department as authorized in
  557  s. 595.404 595.405.
  558         Section 25. Subsection (1) of section 604.20, Florida
  559  Statutes, is amended to read:
  560         604.20 Bond or certificate of deposit prerequisite; amount;
  561  form.—
  562         (1) Before any license is issued, the applicant therefor
  563  shall make and deliver to the department a surety bond or
  564  certificate of deposit in the amount of at least $5,000 or in
  565  such greater amount as the department may determine. No bond or
  566  certificate of deposit may be in an amount less than $5,000. The
  567  penal sum of the bond or certificate of deposit to be furnished
  568  to the department by an applicant for license as a dealer in
  569  agricultural products shall be in an amount equal to twice the
  570  dollar amount of agricultural products handled for a Florida
  571  producer or a producer’s agent or representative, by purchase or
  572  otherwise, during the month of maximum transaction in such
  573  products during the preceding 12-month period. An applicant for
  574  license who has not handled agricultural products for a Florida
  575  producer or a producer’s agent or representative, by purchase or
  576  otherwise, during the preceding 12-month period shall furnish a
  577  bond or certificate of deposit in an amount equal to twice the
  578  estimated dollar amount of such agricultural products to be
  579  handled, by purchase or otherwise, during the month of maximum
  580  transaction during the next immediate 12 months. Such bond or
  581  certificate of deposit shall be provided or assigned in the
  582  exact name in which the dealer will conduct business subject to
  583  the provisions of ss. 604.15-604.34. Such bond must be executed
  584  by a surety company authorized to transact business in the
  585  state. For the purposes of ss. 604.19-604.21, the term
  586  “certificate of deposit” means a certificate of deposit at any
  587  recognized financial institution doing business in the United
  588  States. A No certificate of deposit may not be accepted in
  589  connection with an application for a dealer’s license unless the
  590  issuing institution is properly insured by either the Federal
  591  Deposit Insurance Corporation or the Federal Savings and Loan
  592  Insurance Corporation. Such bond or any certificate of deposit
  593  assignment or agreement shall be upon a form prescribed or
  594  approved by the department and shall be conditioned to secure
  595  the faithful accounting for and payment, in the manner
  596  prescribed by s. 604.21(9), to producers or their agents or
  597  representatives of the proceeds of all agricultural products
  598  handled or purchased by such dealer and to secure payment to
  599  dealers who sell agricultural products to such dealer. Such bond
  600  or certificate of deposit assignment or agreement shall include
  601  terms binding the instrument to the Commissioner of Agriculture.
  602  A certificate of deposit shall be presented with an assignment
  603  of applicant’s rights in the certificate in favor of the
  604  Commissioner of Agriculture on a form prescribed by the
  605  department and with a letter from the issuing institution
  606  acknowledging that the assignment has been properly recorded on
  607  the books of the issuing institution and will be honored by the
  608  issuing institution. Such assignment shall be irrevocable while
  609  the dealer’s license is in effect and for an additional period
  610  of 6 months after the termination or expiration of the dealer’s
  611  license, if a provided no complaint is not pending against the
  612  licensee. If a complaint is pending, the assignment shall remain
  613  in effect until all actions on the complaint have been
  614  finalized. The certificate of deposit may be released by the
  615  assignee of the financial institution to the licensee or the
  616  licensee’s successors, assignee, or heirs if no claims are not
  617  pending against the licensee before the department at the
  618  conclusion of 6 months after the last effective date of the
  619  license. A No certificate of deposit which shall be accepted
  620  that contains any provision that would give the issuing
  621  institution any prior rights or claim on the proceeds or
  622  principal of such certificate of deposit may not be accepted.
  623  The department shall determine by rule the maximum amount of
  624  bond or certificate of deposit required of a dealer and whether
  625  an annual bond or certificate of deposit will be required.
  626         Section 26. Section 604.33, Florida Statutes, is amended to
  627  read:
  628         604.33 Security requirements for grain dealers.—Each grain
  629  dealer doing business in the state shall maintain liquid
  630  security, in the form of grain on hand, cash, certificates of
  631  deposit, or other nonvolatile security that can be liquidated in
  632  10 days or less, or cash bonds, surety bonds, or letters of
  633  credit, that have been assigned to the department and that are
  634  conditioned to secure the faithful accounting for and payment to
  635  the producers for grain stored or purchased, in an amount equal
  636  to the value of grain which the grain dealer has received from
  637  grain producers for which the producers have not received
  638  payment. The bonds must be executed by the applicant as
  639  principal and by a surety corporation authorized to transact
  640  business in the state. The certificates of deposit and letters
  641  of credit must be from a recognized financial institution doing
  642  business in the United States. Each grain dealer shall report to
  643  the department monthly, on or before a date established by rule
  644  of the department, the value of grain she or he has received
  645  from producers for which the producers have not received payment
  646  and the types of transaction involved, showing the value of each
  647  type of transaction. The report shall also include a statement
  648  showing the type and amount of security maintained to cover the
  649  grain dealer’s liability to producers. The department may shall
  650  make at least one spot check annually of each grain dealer to
  651  determine compliance with the requirements of this section.
  652         Section 27. The Board of Trustees of the Internal
  653  Improvement Trust Fund’s property described as the south half of
  654  the southeast quarter of the northwest quarter and the north
  655  half of the northeast quarter of the southwest quarter of
  656  Section 9, Township 25 South, Range 29 East, Osceola County,
  657  shall be deeded, by quitclaim deed, on or before December 31,
  658  2015, to the Department of Agriculture and Consumer Services.
  659  Notwithstanding the provisions of chapters 253 and 259, Florida
  660  Statutes, the Department of Agriculture and Consumer Services is
  661  directed to sell a portion of such deeded property described as
  662  that portion of the land lying south of Carroll Street of the
  663  parcel in Osceola County described as the north half of the
  664  northeast quarter of the southwest quarter of Section 9,
  665  Township 25 South, Range 29 East for at least the property’s
  666  appraised value in accordance with s. 255.25001, Florida
  667  Statutes. All net proceeds from the sale shall be deposited into
  668  the General Inspection Trust Fund of the Department of
  669  Agriculture and Consumer Services. The department shall develop
  670  a plan to use the net proceeds for facility repairs and
  671  construction of an agricultural diagnostic laboratory at the
  672  Bronson Animal Disease Diagnostic Laboratory located in Osceola
  673  County. The plan must be submitted to the Governor, the
  674  President of the Senate, and the Speaker of the House of
  675  Representatives by December 31, 2015.
  676         Section 28. This act shall take effect July 1, 2015.