Florida Senate - 2015 CS for SB 1050
By the Committee on Appropriations; and Senator Montford
576-03816-15 20151050c1
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; creating s. 15.0521, F.S.;
4 designating tupelo honey as the official state honey;
5 amending s. 482.1562, F.S.; revising the date by which
6 an application for recertification of a limited
7 certification for urban landscape commercial
8 fertilizer is required; removing provisions imposing
9 late renewal charges; providing a grace period for
10 such recertification; amending s. 500.03, F.S.;
11 defining terms relating to the Florida Food Safety
12 Act; amending s. 570.07, F.S.; revising the functions,
13 powers, and duties of the department to include
14 sponsoring events; authorizing the department to
15 secure letters of patent, copyrights, and trademarks
16 on work products and to engage in acts accordingly;
17 amending s. 570.30, F.S.; removing electronic data
18 processing and management information systems support
19 for the department as a power and duty of the Division
20 of Administration; amending s. 570.441, F.S.;
21 authorizing the use of funds in the Pest Control Trust
22 Fund for activities of the Division of Agricultural
23 Environmental Services; providing for expiration;
24 amending s. 570.50, F.S.; revising the powers and
25 duties of the Division of Food Safety to include
26 analyzing milk, milk products, and frozen desserts
27 offered for sale in the state; amending s. 570.53,
28 F.S.; revising the powers and duties of the Division
29 of Marketing and Development to remove the enforcement
30 provisions relating to dealers in agricultural
31 products; amending s. 570.544, F.S.; revising the
32 duties of the director of the Division of Consumer
33 Services to include enforcement provisions relating to
34 dealers in agricultural products and grain dealers;
35 creating s. 570.68, F.S.; authorizing the Commissioner
36 of Agriculture to create an Office of Agriculture
37 Technology Services; providing duties of the office;
38 amending s. 570.681, F.S.; clarifying legislative
39 findings with regard to the Florida Agriculture Center
40 and Horse Park; amending s. 570.685, F.S.; authorizing
41 rather than requiring the department to provide
42 administrative and staff support services, meeting
43 space, and record storage for the Florida Agriculture
44 Center and Horse Park Authority; amending s. 571.24,
45 F.S.; clarifying the intent of the Florida
46 Agricultural Promotional Campaign as a marketing
47 program; removing an obsolete provision relating to
48 the designation of a division employee as a member of
49 the Advertising Interagency Coordinating Council;
50 amending s. 571.27, F.S.; removing obsolete provisions
51 relating to the authority of the department to adopt
52 rules for entering into contracts with advertising
53 agencies for services that are directly related to the
54 Florida Agricultural Promotional Campaign; amending s.
55 571.28, F.S.; revising provisions specifying
56 membership criteria of the Florida Agricultural
57 Promotional Campaign Advisory Council; amending s.
58 581.181, F.S.; providing applicability of provisions
59 requiring treatment or destruction of infested or
60 infected plants and plant products; repealing s.
61 589.26, F.S., relating to the authority of the Florida
62 Forest Service to dedicate and reserve state park
63 lands for public use; amending s. 595.402, F.S.;
64 defining terms relating to the school food and
65 nutrition service program; amending s. 595.404, F.S.;
66 revising the duties of the department with regard to
67 the school food and nutrition service program;
68 directing the department to collect and publish data
69 on food purchased by sponsors through the Florida Farm
70 to School Program and other school food and nutrition
71 service programs; amending s. 595.405, F.S.;
72 clarifying requirements for the school nutrition
73 program; requiring breakfast meals to be available to
74 all students in schools that serve any combination of
75 grades kindergarten through fifth; amending s.
76 595.406, F.S.; renaming the “Florida Farm Fresh
77 Schools Program” as the “Florida Farm to School
78 Program”; authorizing the department to establish by
79 rule a recognition program for certain sponsors;
80 amending s. 595.407, F.S.; revising provisions of the
81 children’s summer nutrition program to include certain
82 schools that serve any combination of grades
83 kindergarten through 5; revising provisions relating
84 to the duration of the program; authorizing school
85 districts to exclude holidays and weekends; amending
86 s. 595.408, F.S.; conforming references to changes
87 made by the act; amending s. 595.501, F.S.; requiring
88 certain entities to complete corrective action plans
89 required by the department or a federal agency to be
90 in compliance with school food and nutrition service
91 programs; amending s. 595.601, F.S.; correcting a
92 cross-reference; amending s. 604.20, F.S.; removing a
93 provision requiring an applicant for license as a
94 dealer in agricultural products to submit a letter
95 acknowledging assignment of a certificate of deposit
96 from the issuing institution; amending s. 604.33,
97 F.S.; removing provisions requiring grain dealers to
98 submit monthly reports; authorizing rather than
99 requiring the department to make at least one spot
100 check annually of each grain dealer; directing the
101 Board of Trustees of the Internal Improvement Trust
102 Fund to sell a portion of specified property;
103 requiring that the proceeds of such sale be deposited
104 into the General Inspection Trust Fund of the
105 department; directing the department to develop a plan
106 to use the proceeds for facility repairs and
107 construction of an agricultural diagnostic laboratory;
108 requiring the plan to be submitted to the Governor and
109 the Legislature by a certain date; providing an
110 effective date.
111
112 Be It Enacted by the Legislature of the State of Florida:
113
114 Section 1. Section 15.0521, Florida Statutes, is created to
115 read:
116 15.0521 Official state honey.—Tupelo honey is designated as
117 the official Florida state honey.
118 Section 2. Subsections (5) and (6) of section 482.1562,
119 Florida Statutes, are amended to read:
120 482.1562 Limited certification for urban landscape
121 commercial fertilizer application.—
122 (5) An application for recertification must be made 4 years
123 after the date of issuance at least 90 days before the
124 expiration of the current certificate and be accompanied by:
125 (a) Proof of having completed the 4 classroom hours of
126 acceptable continuing education required under subsection (4).
127 (b) A recertification fee set by the department in an
128 amount of at least $25 but not more than $75. Until the fee is
129 set by rule, the fee for certification is $25.
130 (6) A late renewal charge of $50 per month shall be
131 assessed 30 days after the date the application for
132 recertification is due and must be paid in addition to the
133 renewal fee. Unless timely recertified, a certificate
134 automatically expires 90 days after the recertification date.
135 Upon expiration, or after a grace period that does not exceed 30
136 days after expiration, a certificate may be issued only upon
137 reapplying in accordance with subsection (3).
138 Section 3. Present paragraph (bb) of subsection (1) of
139 section 500.03, Florida Statutes, is redesignated as paragraph
140 (cc), and a new paragraph (bb) and paragraphs (dd) and (ee) are
141 added to that subsection, to read:
142 500.03 Definitions; construction; applicability.—
143 (1) For the purpose of this chapter, the term:
144 (bb) “Retail” means the offering of food directly to the
145 consumer.
146 (dd) “Vehicle” means a mode of transportation or mobile
147 carrier used to transport food from one location to another,
148 including, but not limited to, carts, vans, trucks, cars, trains
149 and railway transport, and aircraft and watercraft type
150 transport.
151 (ee) “Wholesale” means the offering of food to businesses
152 for resale.
153 Section 4. Paragraph (c) of subsection (20) of section
154 570.07, Florida Statutes, is amended, and subsection (44) is
155 added to that section, to read:
156 570.07 Department of Agriculture and Consumer Services;
157 functions, powers, and duties.—The department shall have and
158 exercise the following functions, powers, and duties:
159 (20)
160 (c) To sponsor events, trade breakfasts, luncheons, and
161 dinners and distribute promotional materials and favors in
162 connection with meetings, conferences, and conventions of
163 dealers, buyers, food editors, and merchandising executives that
164 will assist in the promotion and marketing of Florida’s
165 agricultural and agricultural business products to the consuming
166 public.
167
168 The department is authorized to receive and expend donations
169 contributed by private persons for the purpose of covering costs
170 associated with the above described activities.
171 (44) In its own name, to:
172 (a) Perform all things necessary to secure letters of
173 patent, copyrights, and trademarks on any work products of the
174 department and enforce its rights therein.
175 (b) License, lease, assign, or otherwise give written
176 consent to any person, firm, or corporation for the manufacture
177 or use of such department work products on a royalty basis or
178 for such other consideration as the department shall deem
179 proper.
180 (c) Take any action necessary, including legal action, to
181 protect such department work products against improper or
182 unlawful use or infringement.
183 (d) Enforce the collection of any sums due to the
184 department for the manufacture or use of such department work
185 products by another party.
186 (e) Sell any of such department work products and execute
187 all instruments necessary to consummate any such sale.
188 (f) Do all other acts necessary and proper for the
189 execution of powers and duties conferred upon the department by
190 this section, including adopting rules, as necessary, in order
191 to administer this section.
192 Section 5. Subsection (5) of section 570.30, Florida
193 Statutes, is amended, to read:
194 570.30 Division of Administration; powers and duties.—The
195 Division of Administration shall render services required by the
196 department and its other divisions, or by the commissioner in
197 the exercise of constitutional and cabinet responsibilities,
198 that can advantageously and effectively be centralized and
199 administered and any other function of the department that is
200 not specifically assigned by law to some other division. The
201 duties of this division include, but are not limited to:
202 (5) Providing electronic data processing and management
203 information systems support for the department.
204 Section 6. Subsection (4) is added to section 570.441,
205 Florida Statutes, to read:
206 570.441 Pest Control Trust Fund.—
207 (4) In addition to the uses authorized under subsection
208 (2), moneys collected or received by the department under
209 chapter 482 may be used to carry out the provisions of s.
210 570.44. This subsection expires June 30, 2018.
211 Section 7. Subsection (5) of section 570.50, Florida
212 Statutes, is amended to read:
213 570.50 Division of Food Safety; powers and duties.—The
214 duties of the Division of Food Safety include, but are not
215 limited to:
216 (5) Analyzing food and feed samples offered for sale in the
217 state for chemical residues as required under the adulteration
218 sections of chapters 500, 502, and 580.
219 Section 8. Subsection (2) of section 570.53, Florida
220 Statutes, is amended to read:
221 570.53 Division of Marketing and Development; powers and
222 duties.—The powers and duties of the Division of Marketing and
223 Development include, but are not limited to:
224 (2) Enforcing the provisions of ss. 604.15-604.34, the
225 dealers in agricultural products law, and ss. 534.47-534.53.
226 Section 9. Subsection (2) of section 570.544, Florida
227 Statutes, is amended to read:
228 570.544 Division of Consumer Services; director; powers;
229 processing of complaints; records.—
230 (2) The director shall supervise, direct, and coordinate
231 the activities of the division and shall, under the direction of
232 the department, enforce the provisions of ss. 604.15-604.34 and
233 chapters 472, 496, 501, 507, 525, 526, 527, 531, 539, 559, 616,
234 and 849.
235 Section 10. Section 570.68, Florida Statutes, is created to
236 read:
237 570.68 Office of Agriculture Technology Services.—The
238 commissioner may create an Office of Agriculture Technology
239 Services under the supervision of a senior manager exempt under
240 s. 110.205 in the Senior Management Service. The office shall
241 provide electronic data processing and agency information
242 technology services to support and facilitate the functions,
243 powers, and duties of the department.
244 Section 11. Section 570.681, Florida Statutes, is amended
245 to read:
246 570.681 Florida Agriculture Center and Horse Park;
247 legislative findings.—It is the finding of the Legislature that:
248 (1) Agriculture is an important industry to the State of
249 Florida, producing over $6 billion per year while supporting
250 over 230,000 jobs.
251 (1)(2) Equine and other agriculture-related industries will
252 strengthen and benefit each other with the establishment of a
253 statewide agriculture and horse facility.
254 (2)(3) The A Florida Agriculture Center and Horse Park
255 provides will provide Florida with a unique tourist experience
256 for visitors and residents, thus generating taxes and additional
257 dollars for the state.
258 (3)(4) Promoting the Florida Agriculture Center and Horse
259 Park as a joint effort between the state and the private sector
260 allows will allow this facility to utilize experts and generate
261 revenue from many areas to ensure the success of this facility.
262 Section 12. Paragraphs (b) and (c) of subsection (4) of
263 section 570.685, Florida Statutes, are amended to read:
264 570.685 Florida Agriculture Center and Horse Park
265 Authority.—
266 (4) The authority shall meet at least semiannually and
267 elect a chair, a vice chair, and a secretary for 1-year terms.
268 (b) The department may provide shall be responsible for
269 providing administrative and staff support services relating to
270 the meetings of the authority and may shall provide suitable
271 space in the offices of the department for the meetings and the
272 storage of records of the authority.
273 (c) In conducting its meetings, the authority shall use
274 accepted rules of procedure. The secretary shall keep a complete
275 record of the proceedings of each meeting, which shows record
276 shall show the names of the members present and the actions
277 taken. These records shall be kept on file with the department,
278 and such records and other documents regarding matters within
279 the jurisdiction of the authority shall be subject to inspection
280 by members of the authority.
281 Section 13. Section 571.24, Florida Statutes, is amended to
282 read:
283 571.24 Purpose; duties of the department.—The purpose of
284 this part is to authorize the department to establish and
285 coordinate the Florida Agricultural Promotional Campaign, which
286 is intended to serve as a marketing program to promote Florida
287 agricultural commodities, value-added products, and agricultural
288 related businesses and not as a food safety or traceability
289 program. The duties of the department shall include, but are not
290 limited to:
291 (1) Developing logos and authorizing the use of logos as
292 provided by rule.
293 (2) Registering participants.
294 (3) Assessing and collecting fees.
295 (4) Collecting rental receipts for industry promotions.
296 (5) Developing in-kind advertising programs.
297 (6) Contracting with media representatives for the purpose
298 of dispersing promotional materials.
299 (7) Assisting the representative of the department who
300 serves on the Florida Agricultural Promotional Campaign Advisory
301 Council.
302 (8) Designating a division employee to be a member of the
303 Advertising Interagency Coordinating Council.
304 (8)(9) Adopting rules pursuant to ss. 120.536(1) and 120.54
305 to implement the provisions of this part.
306 (9)(10) Enforcing and administering the provisions of this
307 part, including measures ensuring that only Florida agricultural
308 or agricultural based products are marketed under the “Fresh
309 From Florida” or “From Florida” logos or other logos of the
310 Florida Agricultural Promotional Campaign.
311 Section 14. Section 571.27, Florida Statutes, is amended to
312 read:
313 571.27 Rules.—The department is authorized to adopt rules
314 that implement, make specific, and interpret the provisions of
315 this part, including rules for entering into contracts with
316 advertising agencies for services which are directly related to
317 the Florida Agricultural Promotional Campaign. Such rules shall
318 establish the procedures for negotiating costs with the offerors
319 of such advertising services who have been determined by the
320 department to be qualified on the basis of technical merit,
321 creative ability, and professional competency. Such
322 determination of qualifications shall also include consideration
323 of the provisions in s. 287.055(3), (4), and (5). The department
324 is further authorized to determine, by rule, the logos or
325 product identifiers to be depicted for use in advertising,
326 publicizing, and promoting the sale of Florida agricultural
327 products or agricultural-based products in the Florida
328 Agricultural Promotional Campaign. The department may also adopt
329 rules consistent not inconsistent with the provisions of this
330 part as in its judgment may be necessary for participant
331 registration, renewal of registration, classes of membership,
332 application forms, and as well as other forms and enforcement
333 measures ensuring compliance with this part.
334 Section 15. Subsection (1) of section 571.28, Florida
335 Statutes, is amended to read:
336 571.28 Florida Agricultural Promotional Campaign Advisory
337 Council.—
338 (1) ORGANIZATION.—There is hereby created within the
339 department the Florida Agricultural Promotional Campaign
340 Advisory Council, to consist of 15 members appointed by the
341 Commissioner of Agriculture for 4-year staggered terms. The
342 membership shall include: 13 six members representing
343 agricultural producers, shippers, or packers, three members
344 representing agricultural retailers, two members representing
345 agricultural associations, and wholesalers one member
346 representing a wholesaler of agricultural products, 1 one member
347 representing consumers, and 1 one member representing the
348 department. Initial appointment of the council members shall be
349 4 four members to a term of 4 years, 4 four members to a term of
350 3 years, 4 four members to a term of 2 years, and 3 three
351 members to a term of 1 year.
352 Section 16. Subsection (3) is added to section 581.181,
353 Florida Statutes, to read:
354 581.181 Notice of infection of plants; destruction.—
355 (3) This section does not apply to plants or plant products
356 infested with pests or noxious weeds that are determined to be
357 widely established within the state and are not specifically
358 regulated under other sections of statutes or rules adopted by
359 the department.
360 Section 17. Section 589.26, Florida Statutes, is repealed.
361 Section 18. Present subsections (4) and (5) of section
362 595.402, Florida Statutes, are renumbered as subsections (5) and
363 (6), respectively, and a new subsection (4) and subsections (7)
364 and (8) are added to that section, to read:
365 595.402 Definitions.—As used in this chapter, the term:
366 (4) “School breakfast program” means a program authorized
367 by section 4 of the Child Nutrition Act of 1966 and administered
368 by the department.
369 (7) “Summer nutrition program” means one or more of the
370 programs authorized under 42 U.S.C. s. 1761.
371 (8) “Universal school breakfast program” means a program
372 that makes breakfast available at no cost to all students
373 regardless of their household income.
374 Section 19. Subsections (5) and (12) of section 595.404,
375 Florida Statutes, are amended, and subsection (13) is added to
376 that section, to read:
377 595.404 School food and nutrition service program; powers
378 and duties of the department.—The department has the following
379 powers and duties:
380 (5) To provide make a reasonable effort to ensure that any
381 school designated as a “severe need school” receives the highest
382 rate of reimbursement to which it is entitled under 42 U.S.C. s.
383 1773 for each breakfast meal served.
384 (12) To advance funds from the program’s annual
385 appropriation to a summer nutrition program sponsor sponsors,
386 when requested, in order to implement the provisions of this
387 chapter and in accordance with federal regulations.
388 (13) To collect data on food purchased through the programs
389 defined in ss. 595.402(3) and 595.406 and to publish that data
390 annually.
391 Section 20. Section 595.405, Florida Statutes, is amended
392 to read:
393 595.405 School nutrition program requirements for school
394 districts and sponsors.—
395 (1) Each school district school board shall consider the
396 recommendations of the district school superintendent and adopt
397 policies to provide for an appropriate food and nutrition
398 service program for students consistent with federal law and
399 department rules.
400 (2) Each school district school board shall implement
401 school breakfast programs that make breakfast meals available to
402 all students in each elementary school that serves any
403 combination of grades kindergarten through 5. Universal school
404 breakfast programs shall be offered in schools in which 80
405 percent or more of the students are eligible for free or
406 reduced-price meals. Each school shall, to the maximum extent
407 practicable, make breakfast meals available to students at an
408 alternative site location, which may include, but need not be
409 limited to, alternative breakfast options as described in
410 publications of the Food and Nutrition Service of the United
411 States Department of Agriculture for the federal School
412 Breakfast Program.
413 (3) Each school district school board must annually set
414 prices for breakfast meals at rates that, combined with federal
415 reimbursements and state allocations, are sufficient to defray
416 costs of school breakfast programs without requiring allocations
417 from the district’s operating funds, except if the district
418 school board approves lower rates.
419 (4) Each school district is encouraged to provide
420 universal, free school breakfast meals to all students in each
421 elementary, middle, and high school. Each school district shall
422 approve or disapprove a policy, after receiving public testimony
423 concerning the proposed policy at two or more regular meetings,
424 which makes universal, free school breakfast meals available to
425 all students in each elementary, middle, and high school in
426 which 80 percent or more of the students are eligible for free
427 or reduced-price meals.
428 (4)(5) Each elementary, middle, and high school operating a
429 breakfast program shall make a breakfast meal available if a
430 student arrives at school on the school bus less than 15 minutes
431 before the first bell rings and shall allow the student at least
432 15 minutes to eat the breakfast.
433 (5) Each school district is encouraged to provide
434 universal, free school breakfast meals to all students in each
435 elementary, middle, and high school. A universal school
436 breakfast program shall be implemented in each school in which
437 80 percent or more of the students are eligible for free or
438 reduced-price meals, unless the district school board, after
439 considering public testimony at two or more regularly scheduled
440 board meetings, decides to not implement such a program in such
441 schools.
442 (6) To increase school breakfast and universal school
443 breakfast program participation, each school district must, to
444 the maximum extent practicable, make breakfast meals available
445 to students through alternative service models as described in
446 publications of the Food and Nutrition Service of the United
447 States Department of Agriculture for the federal School
448 Breakfast Program.
449 (7)(6) Each school district school board shall annually
450 provide to all students in each elementary, middle, and high
451 school information prepared by the district’s food service
452 administration regarding available its school breakfast
453 programs. The information shall be communicated through school
454 announcements and written notices sent to all parents.
455 (8)(7) A school district school board may operate a
456 breakfast program providing for food preparation at the school
457 site or in central locations with distribution to designated
458 satellite schools or any combination thereof.
459 (8) Each sponsor shall complete all corrective action plans
460 required by the department or a federal agency to be in
461 compliance with the program.
462 Section 21. Section 595.406, Florida Statutes, is amended
463 to read:
464 595.406 Florida Farm to School Fresh Schools Program.—
465 (1) In order to implement the Florida Farm to School Fresh
466 Schools Program, the department shall develop policies
467 pertaining to school food services which encourage:
468 (a) Sponsors to buy fresh and high-quality foods grown in
469 this state when feasible.
470 (b) Farmers in this state to sell their products to
471 sponsors, school districts, and schools.
472 (c) Sponsors to demonstrate a preference for competitively
473 priced organic food products.
474 (d) Sponsors to make reasonable efforts to select foods
475 based on a preference for those that have maximum nutritional
476 content.
477 (2) The department shall provide outreach, guidance, and
478 training to sponsors, schools, school food service directors,
479 parent and teacher organizations, and students about the benefit
480 of fresh food products from farms in this state.
481 (3) The department may recognize sponsors who purchase at
482 least 10 percent of the food they serve from the Florida Farm to
483 School Program.
484 Section 22. Subsection (2) of section 595.407, Florida
485 Statutes, is amended to read:
486 595.407 Children’s summer nutrition program.—
487 (2) Each school district shall develop a plan to sponsor or
488 operate a summer nutrition program to operate sites in the
489 school district as follows:
490 (a) Within 5 miles of at least one elementary school that
491 serves any combination of grades kindergarten through 5 at which
492 50 percent or more of the students are eligible for free or
493 reduced-price school meals and for the duration of 35
494 consecutive days between the end of the school year and the
495 beginning of the next school year. School districts may exclude
496 holidays and weekends.
497 (b) Within 10 miles of each elementary school that serves
498 any combination of grades kindergarten through 5 at which 50
499 percent or more of the students are eligible for free or
500 reduced-price school meals, except as operated pursuant to
501 paragraph (a).
502 Section 23. Section 595.408, Florida Statutes, is amended
503 to read:
504 595.408 Food Commodity distribution services; department
505 responsibilities and functions.—
506 (1)(a) The department shall conduct, supervise, and
507 administer all food commodity distribution services that will be
508 carried on using federal or state funds, or funds from any other
509 source, or food commodities received and distributed from the
510 United States or any of its agencies.
511 (b) The department shall determine the benefits each
512 applicant or recipient of assistance is entitled to receive
513 under this chapter, provided that each applicant or recipient is
514 a resident of this state and a citizen of the United States or
515 is an alien lawfully admitted for permanent residence or
516 otherwise permanently residing in the United States under color
517 of law.
518 (2) The department shall cooperate fully with the United
519 States Government and its agencies and instrumentalities so that
520 the department may receive the benefit of all federal financial
521 allotments and assistance possible to carry out the purposes of
522 this chapter.
523 (3) The department may:
524 (a) Accept any duties with respect to food commodity
525 distribution services as are delegated to it by an agency of the
526 federal government or any state, county, or municipal
527 government.
528 (b) Act as agent of, or contract with, the federal
529 government, state government, or any county or municipal
530 government in the administration of food commodity distribution
531 services to secure the benefits of any public assistance that is
532 available from the federal government or any of its agencies,
533 and in the distribution of funds received from the federal
534 government, state government, or any county or municipal
535 government for food commodity distribution services within the
536 state.
537 (c) Accept from any person or organization all offers of
538 personal services, food commodities, or other aid or assistance.
539 (4) This chapter does not limit, abrogate, or abridge the
540 powers and duties of any other state agency.
541 Section 24. Section 595.501, Florida Statutes, is amended
542 to read:
543 595.501 Penalties.—
544 (1) When a corrective action plan is issued by the
545 department or a federal agency, each sponsor is required to
546 complete the corrective action plan to be in compliance with the
547 program.
548 (2) Any person or, sponsor, or school district that
549 violates any provision of this chapter or any rule adopted
550 thereunder or otherwise does not comply with the program is
551 subject to a suspension or revocation of their agreement, loss
552 of reimbursement, or a financial penalty in accordance with
553 federal or state law or both. This section does not restrict the
554 applicability of any other law.
555 Section 25. Section 595.601, Florida Statutes, is amended
556 to read:
557 595.601 Food and Nutrition Services Trust Fund.—Chapter 99
558 37, Laws of Florida, recreated the Food and Nutrition Services
559 Trust Fund to record revenue and disbursements of Federal Food
560 and Nutrition funds received by the department as authorized in
561 s. 595.404 595.405.
562 Section 26. Subsection (1) of section 604.20, Florida
563 Statutes, is amended to read:
564 604.20 Bond or certificate of deposit prerequisite; amount;
565 form.—
566 (1) Before any license is issued, the applicant therefor
567 shall make and deliver to the department a surety bond or
568 certificate of deposit in the amount of at least $5,000 or in
569 such greater amount as the department may determine. No bond or
570 certificate of deposit may be in an amount less than $5,000. The
571 penal sum of the bond or certificate of deposit to be furnished
572 to the department by an applicant for license as a dealer in
573 agricultural products shall be in an amount equal to twice the
574 dollar amount of agricultural products handled for a Florida
575 producer or a producer’s agent or representative, by purchase or
576 otherwise, during the month of maximum transaction in such
577 products during the preceding 12-month period. An applicant for
578 license who has not handled agricultural products for a Florida
579 producer or a producer’s agent or representative, by purchase or
580 otherwise, during the preceding 12-month period shall furnish a
581 bond or certificate of deposit in an amount equal to twice the
582 estimated dollar amount of such agricultural products to be
583 handled, by purchase or otherwise, during the month of maximum
584 transaction during the next immediate 12 months. Such bond or
585 certificate of deposit shall be provided or assigned in the
586 exact name in which the dealer will conduct business subject to
587 the provisions of ss. 604.15-604.34. Such bond must be executed
588 by a surety company authorized to transact business in the
589 state. For the purposes of ss. 604.19-604.21, the term
590 “certificate of deposit” means a certificate of deposit at any
591 recognized financial institution doing business in the United
592 States. A No certificate of deposit may not be accepted in
593 connection with an application for a dealer’s license unless the
594 issuing institution is properly insured by either the Federal
595 Deposit Insurance Corporation or the Federal Savings and Loan
596 Insurance Corporation. Such bond or any certificate of deposit
597 assignment or agreement shall be upon a form prescribed or
598 approved by the department and shall be conditioned to secure
599 the faithful accounting for and payment, in the manner
600 prescribed by s. 604.21(9), to producers or their agents or
601 representatives of the proceeds of all agricultural products
602 handled or purchased by such dealer and to secure payment to
603 dealers who sell agricultural products to such dealer. Such bond
604 or certificate of deposit assignment or agreement shall include
605 terms binding the instrument to the Commissioner of Agriculture.
606 A certificate of deposit shall be presented with an assignment
607 of applicant’s rights in the certificate in favor of the
608 Commissioner of Agriculture on a form prescribed by the
609 department and with a letter from the issuing institution
610 acknowledging that the assignment has been properly recorded on
611 the books of the issuing institution and will be honored by the
612 issuing institution. Such assignment shall be irrevocable while
613 the dealer’s license is in effect and for an additional period
614 of 6 months after the termination or expiration of the dealer’s
615 license, if a provided no complaint is not pending against the
616 licensee. If a complaint is pending, the assignment shall remain
617 in effect until all actions on the complaint have been
618 finalized. The certificate of deposit may be released by the
619 assignee of the financial institution to the licensee or the
620 licensee’s successors, assignee, or heirs if no claims are not
621 pending against the licensee before the department at the
622 conclusion of 6 months after the last effective date of the
623 license. A No certificate of deposit which shall be accepted
624 that contains any provision that would give the issuing
625 institution any prior rights or claim on the proceeds or
626 principal of such certificate of deposit may not be accepted.
627 The department shall determine by rule the maximum amount of
628 bond or certificate of deposit required of a dealer and whether
629 an annual bond or certificate of deposit will be required.
630 Section 27. Section 604.33, Florida Statutes, is amended to
631 read:
632 604.33 Security requirements for grain dealers.—Each grain
633 dealer doing business in the state shall maintain liquid
634 security, in the form of grain on hand, cash, certificates of
635 deposit, or other nonvolatile security that can be liquidated in
636 10 days or less, or cash bonds, surety bonds, or letters of
637 credit, that have been assigned to the department and that are
638 conditioned to secure the faithful accounting for and payment to
639 the producers for grain stored or purchased, in an amount equal
640 to the value of grain which the grain dealer has received from
641 grain producers for which the producers have not received
642 payment. The bonds must be executed by the applicant as
643 principal and by a surety corporation authorized to transact
644 business in the state. The certificates of deposit and letters
645 of credit must be from a recognized financial institution doing
646 business in the United States. Each grain dealer shall report to
647 the department monthly, on or before a date established by rule
648 of the department, the value of grain she or he has received
649 from producers for which the producers have not received payment
650 and the types of transaction involved, showing the value of each
651 type of transaction. The report shall also include a statement
652 showing the type and amount of security maintained to cover the
653 grain dealer’s liability to producers. The department may shall
654 make at least one spot check annually of each grain dealer to
655 determine compliance with the requirements of this section.
656 Section 28. The Board of Trustees of the Internal
657 Improvement Trust Fund’s property described as the south half of
658 the southeast quarter of the northwest quarter and the north
659 half of the northeast quarter of the southwest quarter of
660 Section 9, Township 25 South, Range 29 East, Osceola County, is
661 currently leased to the Department of Agriculture and Consumer
662 Services. Notwithstanding chapters 253 and 259, Florida
663 Statutes, the Board of Trustees of the Internal Improvement
664 Trust Fund is directed to sell a portion of such property
665 described as the land lying south of Carroll Street in Osceola
666 County described as the north half of the northeast quarter of
667 the southwest quarter of Section 9, Township 25 South, Range 29
668 East for not less than the property’s appraised value. All net
669 proceeds from the sale shall be deposited into the General
670 Inspection Trust Fund of the Department of Agriculture and
671 Consumer Services. The department shall develop a plan to use
672 the net proceeds for facility repairs and construction of an
673 agricultural diagnostic laboratory at the Bronson Animal Disease
674 Diagnostic Laboratory located in Osceola County. The plan must
675 be submitted to the Governor, the President of the Senate, and
676 the Speaker of the House of Representatives by December 31,
677 2015.
678 Section 29. This act shall take effect July 1, 2015.