Florida Senate - 2016 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1010
Ì249924@Î249924
576-02403-16
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; creating s. 15.0521, F.S.;
4 designating tupelo honey as the official state honey;
5 amending s. 482.111, F.S.; specifying the requirements
6 for original certification as a pest control operator;
7 specifying the fee for the renewal of a certificate;
8 amending s. 482.1562, F.S.; specifying the deadline
9 for recertification of persons who wish to apply urban
10 landscape commercial fertilizer; providing a grace
11 period for recertification; amending s. 500.03, F.S.;
12 revising the definition of the term “food” to include
13 dietary supplements; defining the term “vehicle”;
14 amending s. 500.10, F.S.; providing additional
15 conditions under which food may be deemed adulterated;
16 amending s. 500.11, F.S.; including failure to comply
17 with labeling relating to major food allergens as a
18 criterion for use in determining whether food has been
19 misbranded; amending s. 570.07, F.S.; revising the
20 department’s functions, powers, and duties; amending
21 s. 570.30, F.S.; revising the powers and duties of the
22 Division of Administration; amending s. 570.441, F.S.;
23 authorizing the use of funds in the Pest Control Trust
24 Fund for activities of the Division of Agricultural
25 Environmental Services; providing for expiration;
26 amending s. 570.53, F.S.; revising the powers and
27 duties of the Division of Marketing and Development to
28 remove the enforcement provisions relating to the
29 dealers in agricultural products law; amending s.
30 570.544, F.S.; revising the duties of the director of
31 the Division of Consumer Services to include
32 enforcement provisions relating to the dealers in
33 agricultural products law; creating s. 570.68, F.S.;
34 authorizing the Commissioner of Agriculture to create
35 an Office of Agriculture Technology Services;
36 providing duties of the office; amending s. 570.681,
37 F.S.; revising the legislative findings relating to
38 the Florida Agriculture Center and Horse Park;
39 amending s. 570.685, F.S.; authorizing, rather than
40 requiring, the department to provide administrative
41 and staff support services, meeting space, and record
42 storage for the Florida Agriculture Center and Horse
43 Park Authority; amending s. 571.24, F.S.; clarifying
44 the intent that the Florida Agricultural Promotional
45 Campaign serve as a marketing program; removing an
46 obsolete provision relating to the designation of a
47 division employee as a member of the Advertising
48 Interagency Coordinating Council; amending s. 571.27,
49 F.S.; removing obsolete provisions relating to the
50 authority of the department to adopt rules for
51 entering into contracts with advertising agencies for
52 services that are directly related to the Florida
53 Agricultural Promotional Campaign; amending s. 571.28,
54 F.S.; revising the composition of the Florida
55 Agricultural Promotional Campaign Advisory Council;
56 amending s. 576.041, F.S.; revising the frequency with
57 which tonnage reports of fertilizer sales must be
58 made; revising the timeframe for submission of such
59 reports; creating s. 580.0365, F.S.; providing for the
60 preemption of commercial feed and feedstuff
61 regulation; amending s. 581.181, F.S.; providing
62 applicability of provisions requiring treatment or
63 destruction of infested or infected plants and plant
64 products; creating s. 581.189, F.S.; creating the
65 Grove Removal or Vector Elimination (GROVE) Program;
66 specifying the purpose of the program; defining terms;
67 requiring the department to adopt rules for reviewing
68 and ranking applications for cost-share funding to
69 remove or destroy abandoned citrus groves;
70 establishing per applicant award maximums; specifying
71 that the total funds awarded in a fiscal year cannot
72 exceed the amount specifically appropriated for the
73 program; specifying application requirements;
74 specifying how the department must process
75 applications; specifying that noncompliance will
76 result in forfeiture of cost-share funds; requiring
77 the department to rank and review applications and to
78 conduct a certain inspection; specifying grounds for
79 denial of an application; requiring applicants
80 selected for funding to timely initiate and complete
81 the removal of identified citrus trees in accordance
82 with their respective applications; providing the
83 process for making payments to applicants; authorizing
84 the department to adopt rules; specifying that funding
85 for the program is contingent upon specific
86 appropriation by the Legislature; amending s. 582.01,
87 F.S.; redefining terms relating to soil and water
88 conservation; amending s. 582.02, F.S.; providing
89 legislative intent and findings relating to soil and
90 water conservation districts; providing a statement of
91 purpose; amending s. 582.055, F.S.; revising the
92 powers and duties of the department; authorizing the
93 department to adopt rules; amending s. 582.06, F.S.;
94 requiring the Soil and Water Conservation Council to
95 accept and review requests for creating or dissolving
96 soil and water conservation districts and to make
97 recommendations to the commissioner; requiring the
98 council to provide recommendations to the commissioner
99 relating to the removal of supervisors under certain
100 circumstances; amending s. 582.16, F.S.; revising how
101 district boundaries may be changed; amending s.
102 582.20, F.S.; revising the powers and duties of
103 districts and supervisors; amending s. 582.29, F.S.;
104 revising the terms under which certain state agencies
105 must cooperate; amending s. 595.402, F.S.; defining
106 terms relating to the school food and nutrition
107 service program; amending s. 595.404, F.S.; revising
108 the powers and duties of the department with regard to
109 the school food and nutrition service program;
110 directing the department to collect and annually
111 publish data on food purchased by sponsors through the
112 Florida Farm to School Program and other school food
113 and nutrition service programs; amending s. 595.405,
114 F.S.; clarifying requirements for the school nutrition
115 program; requiring breakfast meals to be available to
116 all students in schools that serve any combination of
117 grades kindergarten through 5; amending s. 595.406,
118 F.S.; renaming the “Florida Farm Fresh Schools
119 Program” as the “Florida Farm to School Program”;
120 authorizing the department to establish by rule a
121 recognition program for certain sponsors; amending s.
122 595.407, F.S.; revising provisions of the children’s
123 summer nutrition program to include certain schools
124 that serve any combination of grades kindergarten
125 through 5; revising provisions relating to the
126 duration of the program; authorizing school districts
127 to exclude holidays and weekends; amending s. 595.408,
128 F.S.; conforming provisions to changes made by the
129 act; amending s. 595.501, F.S.; requiring certain
130 entities to complete corrective action plans required
131 by the department or a federal agency to be in
132 compliance with school food and nutrition service
133 programs; amending s. 595.601, F.S.; revising a cross
134 reference; amending s. 601.31, F.S.; specifying that
135 certain citrus inspectors must be licensed by the
136 state Department of Agriculture rather than the United
137 States Department of Agriculture; amending s. 604.21,
138 F.S.; deleting a requirement relating to complaints
139 filed by electronic transmission or facsimile;
140 amending s. 604.33, F.S.; deleting provisions
141 requiring grain dealers to submit monthly reports;
142 authorizing, rather than requiring, the department to
143 make at least one spot check annually of each grain
144 dealer; repealing s. 582.03, F.S., relating to the
145 consequences of soil erosion; repealing s. 582.04,
146 F.S., relating to appropriate corrective methods;
147 repealing s. 582.05, F.S., relating to legislative
148 policy for conservation; repealing s. 582.08, F.S.,
149 relating to additional powers of the department;
150 repealing s. 582.09, F.S., relating to an
151 administrative officer of soil and water conservation;
152 repealing s. 582.17, F.S., relating to the presumption
153 as to establishment of a district; repealing s.
154 582.21, F.S., relating to adoption of land use
155 regulations; repealing s. 582.22, F.S., relating to
156 district regulations and contents; repealing s.
157 582.23, F.S., relating to performance of work under
158 the regulations by the supervisors; repealing s.
159 582.24, F.S., relating to the board of adjustment;
160 repealing s. 582.25, F.S., relating to rules of
161 procedure of the board; repealing s. 582.26, F.S.,
162 relating to petitioning the board to vary from
163 regulations; repealing s. 582.331, F.S., relating to
164 the authorization to establish watershed improvement
165 districts within soil and water conservation
166 districts; repealing s. 582.34, F.S., relating to
167 petitions for establishment of watershed improvement
168 districts; repealing s. 582.35, F.S., relating to
169 notice and hearing on petitions, determinations of
170 need for districts, and boundaries; repealing s.
171 582.36, F.S., relating to determination of feasibility
172 of proposed districts and referenda; repealing s.
173 582.37, F.S., relating to consideration of results of
174 referendums and declaration of organization of
175 districts; repealing s. 582.38, F.S., relating to the
176 organization of districts, certification to clerks of
177 circuit courts, and limitation on tax rates; repealing
178 s. 582.39, F.S., relating to establishment of
179 watershed improvement districts situated in more than
180 one soil and water conservation district; repealing s.
181 582.40, F.S., relating to change of district
182 boundaries or names; repealing s. 582.41, F.S.,
183 relating to boards of directors of districts;
184 repealing s. 582.42, F.S., relating to officers,
185 agents, and employees, surety bonds, and annual
186 audits; repealing s. 582.43, F.S., relating to status
187 and general powers of districts; repealing s. 582.44,
188 F.S., relating to the levy of taxes and taxing
189 procedures; repealing s. 582.45, F.S., relating to
190 fiscal powers of a governing body; repealing s.
191 582.46, F.S., relating to additional powers and
192 authority of districts; repealing s. 582.47, F.S.,
193 relating to the coordination between watershed
194 improvement districts and flood control districts;
195 repealing s. 582.48, F.S., relating to the
196 discontinuance of watershed improvement districts;
197 repealing s. 582.49, F.S., relating to the
198 discontinuance of soil and water conservation
199 districts; repealing s. 589.26, F.S., relating to the
200 dedication of state park lands for public use;
201 providing effective dates.
202
203 Be It Enacted by the Legislature of the State of Florida:
204
205 Section 1. Effective upon this act becoming a law, section
206 15.0521, Florida Statutes, is created to read:
207 15.0521 Official state honey.—Tupelo honey is designated as
208 the official Florida state honey.
209 Section 2. Subsections (1) and (7) of section 482.111,
210 Florida Statutes, are amended to read:
211 482.111 Pest control operator’s certificate.—
212 (1) The department shall issue a pest control operator’s
213 certificate to each individual who qualifies under this chapter.
214 Before the issuance of the original certification, an individual
215 must have completed an application for examination, paid the
216 examination fee provided for in s. 482.141, and passed the
217 examination. Before engaging in pest control work, each
218 certified operator must be certified as provided in this
219 section. Application must be made and the issuance fee must be
220 paid to the department for the original certificate within 60
221 days after the postmark date of written notification of passing
222 the examination. During a period of 30 calendar days following
223 expiration of the 60-day period, an original certificate may be
224 issued; however, a late issuance charge of $50 shall be assessed
225 and must be paid in addition to the issuance fee. An original
226 certificate may not be issued after expiration of the 30-day
227 period, without reexamination.
228 (7) The fee for issuance of an original certificate or the
229 renewal of a certificate thereof shall be set by the department
230 but may not be more than $150 or less than $75; however, until
231 rules setting these fees are adopted by the department, the
232 issuance fee and the renewal fee shall each be $75.
233 Section 3. Subsections (5) and (6) of section 482.1562,
234 Florida Statutes, are amended to read:
235 482.1562 Limited certification for urban landscape
236 commercial fertilizer application.—
237 (5) An application for recertification must be made 4 years
238 after the date of issuance at least 90 days before the
239 expiration of the current certificate and be accompanied by:
240 (a) Proof of having completed the 4 classroom hours of
241 acceptable continuing education required under subsection (4).
242 (b) A recertification fee set by the department in an
243 amount of at least $25 but not more than $75. Until the fee is
244 set by rule, the fee for certification is $25.
245 (6) A late renewal charge of $50 per month shall be
246 assessed 30 days after the date the application for
247 recertification is due and must be paid in addition to the
248 renewal fee. Unless timely recertified, a certificate
249 automatically expires 90 days after the recertification date.
250 Upon expiration or after a grace period ending 30 days after
251 expiration, a certificate may be issued only upon the person
252 reapplying in accordance with subsection (3).
253 Section 4. Paragraph (n) of subsection (1) of section
254 500.03, Florida Statutes, is amended, and paragraph (cc) is
255 added to that subsection, to read:
256 500.03 Definitions; construction; applicability.—
257 (1) For the purpose of this chapter, the term:
258 (n) “Food” includes:
259 1. Articles used for food or drink for human consumption;
260 2. Chewing gum;
261 3. Articles used for components of any such article; and
262 4. Articles for which health claims are made, which claims
263 are approved by the Secretary of the United States Department of
264 Health and Human Services and which claims are made in
265 accordance with s. 343(r) of the federal act, and which are not
266 considered drugs solely because their labels or labeling contain
267 health claims; and
268 5. “Dietary supplements” as the term is defined in 21
269 U.S.C. s. 321(ff)(1) and (2).
270
271 The term includes any raw, cooked, or processed edible
272 substance; ice; any beverage; or any ingredient used, intended
273 for use, or sold for human consumption.
274 (cc) “Vehicle” means a mode of transportation or mobile
275 carrier used to transport food from one location to another,
276 including, but not limited to, cars, carts, cycles, trucks,
277 vans, trains, railcars, aircraft, and watercraft.
278 Section 5. Subsection (1) of section 500.10, Florida
279 Statutes, is amended, and subsection (5) is added to that
280 section, to read:
281 500.10 Food deemed adulterated.—A food is deemed to be
282 adulterated:
283 (1)(a) If it bears or contains any poisonous or deleterious
284 substance which may render it injurious to health; but in case
285 the substance is not an added substance such food shall not be
286 considered adulterated under this clause if the quantity of such
287 substance in such food does not ordinarily render it injurious
288 to health;
289 (b) If it bears or contains any added poisonous or added
290 deleterious substance, other than one which is a pesticide
291 chemical in or on a raw agricultural commodity; a food additive;
292 or a color additive, which is unsafe within the meaning of s.
293 500.13(1);
294 (c) If it is a raw agricultural commodity and it bears or
295 contains a pesticide chemical which is unsafe within the meaning
296 of 21 U.S.C. s. 346(a) or s. 500.13(1);
297 (d) If it is or it bears or contains, any food additive
298 which is unsafe within the meaning of 21 U.S.C. s. 348 or s.
299 500.13(1); provided that where a pesticide chemical has been
300 used in or on a raw agricultural commodity in conformity with an
301 exemption granted or tolerance prescribed under 21 U.S.C. s. 346
302 or s. 500.13(1), and such raw agricultural commodity has been
303 subjected to processing such as canning, cooking, freezing,
304 dehydrating, or milling, the residue of such pesticide chemical
305 remaining in or on such processed food shall, notwithstanding
306 the provisions of s. 500.13, and this paragraph, not be deemed
307 unsafe if such residue in or on the raw agricultural commodity
308 has been removed to the extent possible in good manufacturing
309 practice, and the concentration of such residue in the processed
310 food when ready to eat, is not greater than the tolerance
311 prescribed for the raw agricultural commodity;
312 (e) If it consists in whole or in part of a diseased,
313 contaminated, filthy, putrid, or decomposed substance, or if it
314 is otherwise unfit for food;
315 (f) If it has been produced, prepared, packed, transported,
316 or held under insanitary conditions whereby it may become
317 contaminated with filth, or whereby it may have been rendered
318 diseased, unwholesome, or injurious to health;
319 (g) If it is the product of a diseased animal or an animal
320 which has died otherwise than by slaughter, or that has been fed
321 upon the uncooked offal from a slaughterhouse; or
322 (h) If its container is composed, in whole or in part, of
323 any poisonous or deleterious substance which may render the
324 contents injurious to health.
325 (5) If a dietary supplement or its ingredients present a
326 significant risk of illness or injury due to:
327 (a) The recommended or suggested conditions of use on the
328 product label;
329 (b) The failure to provide conditions of use on the product
330 label; or
331 (c) It containing an ingredient for which there is
332 inadequate information to provide reasonable assurances that the
333 ingredient does not present a significant risk of illness or
334 injury.
335 Section 6. Paragraph (m) of subsection (1) of section
336 500.11, Florida Statutes, is amended to read:
337 500.11 Food deemed misbranded.—
338 (1) A food is deemed to be misbranded:
339 (m) If it is offered for sale and its label or labeling
340 does not comply with the requirements of 21 U.S.C. s. 343(q) or
341 21 U.S.C. s. 343(w) pertaining to nutrition or allergen
342 information.
343 Section 7. Subsection (20) of section 570.07, Florida
344 Statutes, is amended, and subsection (44) is added to that
345 section, to read:
346 570.07 Department of Agriculture and Consumer Services;
347 functions, powers, and duties.—The department shall have and
348 exercise the following functions, powers, and duties:
349 (20)(a) To stimulate, encourage, and foster the production
350 and consumption of agricultural and agricultural business
351 products;
352 (b) To conduct activities that may foster a better
353 understanding and more efficient cooperation among producers,
354 dealers, buyers, food editors, and the consuming public in the
355 promotion and marketing of Florida’s agricultural and
356 agricultural business products; and
357 (c) To sponsor events, trade breakfasts, luncheons, and
358 dinners and distribute promotional materials and favors in
359 connection with meetings, conferences, and conventions of
360 dealers, buyers, food editors, and merchandising executives that
361 will assist in the promotion and marketing of Florida’s
362 agricultural and agricultural business products to the consuming
363 public.
364
365 The department is authorized to receive and expend donations
366 contributed by private persons for the purpose of covering costs
367 associated with the above described activities.
368 (44) In its own name:
369 (a) To perform all acts necessary to secure letters of
370 patent, copyrights, and trademarks on any work products of the
371 department and enforce its rights therein.
372 (b) To license, lease, assign, or otherwise give written
373 consent to any person, firm, or corporation for the manufacture
374 or use of such department work products on a royalty basis or
375 for such other consideration as the department deems proper.
376 (c) To take any action necessary, including legal action,
377 to protect such department work products against improper or
378 unlawful use or infringement.
379 (d) To enforce the collection of any sums due to the
380 department for the manufacture or use of such department work
381 products by another party.
382 (e) To sell any of such department work products and
383 execute all instruments necessary to consummate any such sale.
384 (f) To do all other acts necessary and proper for the
385 execution of powers and duties conferred upon the department by
386 this section, including adopting rules, as necessary, in order
387 to administer this section.
388 Section 8. Subsection (5) of section 570.30, Florida
389 Statutes, is amended to read:
390 570.30 Division of Administration; powers and duties.—The
391 Division of Administration shall render services required by the
392 department and its other divisions, or by the commissioner in
393 the exercise of constitutional and cabinet responsibilities,
394 that can advantageously and effectively be centralized and
395 administered and any other function of the department that is
396 not specifically assigned by law to some other division. The
397 duties of this division include, but are not limited to:
398 (5) Providing electronic data processing and management
399 information systems support for the department.
400 Section 9. Subsection (4) is added to section 570.441,
401 Florida Statutes, to read:
402 570.441 Pest Control Trust Fund.—
403 (4) In addition to the uses authorized under subsection
404 (2), the department may use moneys collected or received under
405 chapter 482 to carry out s. 570.44. This subsection expires June
406 30, 2019.
407 Section 10. Subsection (2) of section 570.53, Florida
408 Statutes, is amended to read:
409 570.53 Division of Marketing and Development; powers and
410 duties.—The powers and duties of the Division of Marketing and
411 Development include, but are not limited to:
412 (2) Enforcing the provisions of ss. 604.15-604.34, the
413 dealers in agricultural products law, and ss. 534.47-534.53.
414 Section 11. Subsection (2) of section 570.544, Florida
415 Statutes, is amended to read:
416 570.544 Division of Consumer Services; director; powers;
417 processing of complaints; records.—
418 (2) The director shall supervise, direct, and coordinate
419 the activities of the division and shall, under the direction of
420 the department, enforce ss. 604.15-604.34 and the provisions of
421 chapters 472, 496, 501, 507, 525, 526, 527, 531, 539, 559, 616,
422 and 849.
423 Section 12. Section 570.68, Florida Statutes, is created to
424 read:
425 570.68 Office of Agriculture Technology Services.—The
426 commissioner may create an Office of Agriculture Technology
427 Services under the supervision of a senior manager. The senior
428 manager is exempt under s. 110.205 in the Senior Management
429 Service and shall be appointed by the commissioner. The office
430 shall provide electronic data processing and agency information
431 technology services to support and facilitate the functions,
432 powers, and duties of the department.
433 Section 13. Section 570.681, Florida Statutes, is amended
434 to read:
435 570.681 Florida Agriculture Center and Horse Park;
436 legislative findings.—It is the finding of the Legislature that:
437 (1) Agriculture is an important industry to the State of
438 Florida, producing over $6 billion per year while supporting
439 over 230,000 jobs.
440 (1)(2) Equine and other agriculture-related industries will
441 strengthen and benefit each other with the establishment of a
442 statewide agriculture and horse facility.
443 (2)(3) The A Florida Agriculture Center and Horse Park
444 provides will provide Florida with a unique tourist experience
445 for visitors and residents, thus generating taxes and additional
446 dollars for the state.
447 (3)(4) Promoting the Florida Agriculture Center and Horse
448 Park as a joint effort between the state and the private sector
449 allows will allow this facility to use utilize experts and
450 generate revenue from many areas to ensure the success of this
451 facility.
452 Section 14. Paragraphs (b) and (c) of subsection (4) of
453 section 570.685, Florida Statutes, are amended to read:
454 570.685 Florida Agriculture Center and Horse Park
455 Authority.—
456 (4) The authority shall meet at least semiannually and
457 elect a chair, a vice chair, and a secretary for 1-year terms.
458 (b) The department may provide shall be responsible for
459 providing administrative and staff support services relating to
460 the meetings of the authority and shall provide suitable space
461 in the offices of the department for the meetings and the
462 storage of records of the authority.
463 (c) In conducting its meetings, the authority shall use
464 accepted rules of procedure. The secretary shall keep a complete
465 record of the proceedings of each meeting showing, which record
466 shall show the names of the members present and the actions
467 taken. These records shall be kept on file with the department,
468 and such records and other documents regarding matters within
469 the jurisdiction of the authority shall be subject to inspection
470 by members of the authority.
471 Section 15. Section 571.24, Florida Statutes, is amended to
472 read:
473 571.24 Purpose; duties of the department.—The purpose of
474 this part is to authorize the department to establish and
475 coordinate the Florida Agricultural Promotional Campaign. The
476 campaign is intended to serve as a marketing program for the
477 promotion of agricultural commodities, value-added products, and
478 agricultural-related businesses of this state. The campaign is
479 not a food safety and traceability program. The duties of the
480 department shall include, but are not limited to:
481 (1) Developing logos and authorizing the use of logos as
482 provided by rule.
483 (2) Registering participants.
484 (3) Assessing and collecting fees.
485 (4) Collecting rental receipts for industry promotions.
486 (5) Developing in-kind advertising programs.
487 (6) Contracting with media representatives for the purpose
488 of dispersing promotional materials.
489 (7) Assisting the representative of the department who
490 serves on the Florida Agricultural Promotional Campaign Advisory
491 Council.
492 (8) Designating a division employee to be a member of the
493 Advertising Interagency Coordinating Council.
494 (8)(9) Adopting rules pursuant to ss. 120.536(1) and 120.54
495 to implement the provisions of this part.
496 (9)(10) Enforcing and administering the provisions of this
497 part, including measures ensuring that only Florida agricultural
498 or agricultural based products are marketed under the “Fresh
499 From Florida” or “From Florida” logos or other logos of the
500 Florida Agricultural Promotional Campaign.
501 Section 16. Section 571.27, Florida Statutes, is amended to
502 read:
503 571.27 Rules.—The department is authorized to adopt rules
504 that implement, make specific, and interpret the provisions of
505 this part, including rules for entering into contracts with
506 advertising agencies for services which are directly related to
507 the Florida Agricultural Promotional Campaign. Such rules shall
508 establish the procedures for negotiating costs with the offerors
509 of such advertising services who have been determined by the
510 department to be qualified on the basis of technical merit,
511 creative ability, and professional competency. Such
512 determination of qualifications shall also include consideration
513 of the provisions in s. 287.055(3), (4), and (5). The department
514 is further authorized to determine, by rule, the logos or
515 product identifiers to be depicted for use in advertising,
516 publicizing, and promoting the sale of Florida agricultural
517 products or agricultural-based products in the Florida
518 Agricultural Promotional Campaign. The department may also adopt
519 rules consistent not inconsistent with the provisions of this
520 part as in its judgment may be necessary for participant
521 registration, renewal of registration, classes of membership,
522 application forms, and as well as other forms and enforcement
523 measures ensuring compliance with this part.
524 Section 17. Subsection (1) of section 571.28, Florida
525 Statutes, is amended to read:
526 571.28 Florida Agricultural Promotional Campaign Advisory
527 Council.—
528 (1) ORGANIZATION.—There is hereby created within the
529 department the Florida Agricultural Promotional Campaign
530 Advisory Council, to consist of 15 members appointed by the
531 Commissioner of Agriculture for 4-year staggered terms. The
532 membership shall include: 13 six members representing
533 agricultural producers, shippers, or packers, three members
534 representing agricultural retailers, two members representing
535 agricultural associations, and wholesalers one member
536 representing a wholesaler of agricultural products; 1, one
537 member representing consumers;, and 1 one member representing
538 the department. Initial appointment of the council members shall
539 be four members to a term of 4 years, four members to a term of
540 3 years, four members to a term of 2 years, and three members to
541 a term of 1 year.
542 Section 18. Subsection (2) of section 576.041, Florida
543 Statutes, is amended to read:
544 576.041 Inspection fees; records.—
545 (2) Before the distribution of a fertilizer, each licensee
546 shall make application upon a form provided by the department to
547 report quarterly monthly the tonnage of fertilizer sold in the
548 state and make payment of the inspection fee. The continuance of
549 a license is conditioned upon the applicant’s:
550 (a) Maintaining records and a bookkeeping system that will
551 accurately indicate the tonnage of fertilizer sold by the
552 licensee; and
553 (b) Consent to examination of the business records and
554 books by the department for a verification of the correctness of
555 tonnage reports and inspection fees. Tonnage reports of sales
556 and payment of inspection fee shall be made quarterly using the
557 department’s regulatory website or monthly on forms furnished by
558 the department and submitted within 30 days following the close
559 of the reporting period on or before the fifteenth day of the
560 month succeeding the month covered by the reports.
561 Section 19. Section 580.0365, Florida Statutes, is created
562 to read:
563 580.0365 Preemption of regulatory authority over commercial
564 feed and feedstuff.—It is the intent of the Legislature to
565 eliminate duplication of regulation over commercial feed and
566 feedstuff. Notwithstanding any other law, the authority to
567 regulate, inspect, sample, and analyze commercial feed or
568 feedstuff distributed in this state or to exercise the powers
569 and duties of regulation granted by this chapter, including the
570 assessment of penalties for violation of this chapter, is
571 preempted to the department.
572 Section 20. Subsection (3) is added to section 581.181,
573 Florida Statutes, to read:
574 581.181 Notice of infection of plants; destruction.—
575 (3) This section does not apply to plants or plant products
576 infested with pests or noxious weeds if such pests and weeds are
577 determined to be widely established within the state and are not
578 specifically regulated under rules adopted by the department or
579 under any other provisions of law.
580 Section 21. Effective upon becoming a law, section 581.189,
581 Florida Statutes, is created to read:
582 581.189 Grove Removal or Vector Elimination (GROVE)
583 Program.—
584 (1) There is created within the Department of Agriculture
585 and Consumer Services the Grove Removal or Vector Elimination
586 Program, a cost-sharing program for the removal or destruction
587 of abandoned citrus groves to eliminate the material harboring
588 the citrus disease Huanglongbing, also known as citrus greening,
589 and the vectors that spread the disease.
590 (2) For purposes of this section, the term:
591 (a) “Abandoned citrus grove” means a citrus grove that has
592 minimal or no production value and is no longer economically
593 viable as a commercial citrus grove.
594 (b) “Applicant” means the person who owns an abandoned
595 citrus grove.
596 (c) “Eligible costs” means the costs, incurred after an
597 application is selected for funding, of the removal or
598 destruction the citrus trees and the elimination of any citrus
599 greening vectors, as described in the removal or destruction
600 plan in the funded application.
601 (d) “Funded application” means an application selected for
602 cost-share funding pursuant to this section and rules adopted by
603 the department.
604 (e) “Program” means the Grove Removal or Vector Elimination
605 Program.
606 (3) The department shall adopt by rule the standards to be
607 used in reviewing and ranking applications for cost-share
608 funding under the program based on the following factors:
609 (a) The length of time the citrus groves have been
610 abandoned.
611 (b) Whether the citrus groves are located within a Citrus
612 Health Management Area.
613 (c) The proximity of the abandoned citrus groves to other
614 citrus groves currently in production.
615 (4) An applicant may submit multiple applications for the
616 program, but is eligible only for a maximum of $125,000 in
617 program cost-share funding in a given fiscal year. The
618 department may award to each funded application a cost-share of
619 up to 80 percent of eligible costs. The total amount of cost
620 share allocated under the program in each fiscal year may not
621 exceed the amount specifically appropriated for the program for
622 the fiscal year.
623 (5) An applicant seeking cost-share assistance under the
624 program must submit an application to the department by a date
625 determined by department rule. The application must include, at
626 minimum:
627 (a) The applicant’s plan to remove or destroy citrus trees
628 and any citrus greening vectors in the abandoned citrus grove.
629 (b) An affidavit from the applicant certifying that all
630 information contained in the application is true and correct.
631 (c) All information determined by rule to be necessary for
632 the department to determine eligibility for the program and rank
633 applications.
634 (6) If the department determines an application to be
635 incomplete, it may require the applicant to submit additional
636 information within 10 days after such determination is made.
637 (7) Each fiscal year, the department shall review all
638 complete applications received in accordance with its rules
639 adopted pursuant to subsection (5). For each such complete
640 submitted application, the department must rank the applications
641 in accordance with the factors specified in subsection (3) and,
642 before selecting an application for funding, must conduct an
643 inspection of the abandoned citrus grove that is the subject of
644 the application.
645 (8) The department may deny an application pursuant to
646 chapter 120 for failure to comply with this section and
647 department rules.
648 (9) If an application is selected for funding, the
649 applicant must initiate and complete the removal or destruction
650 of the citrus trees identified in the application within the
651 timeframe specified by department rule. The applicant’s failure
652 to initiate and complete the removal or destruction of the
653 identified citrus trees within the time specified by the
654 department results in the forfeiture of the cost-share funding
655 approved based on the application. Upon such occurrence, the
656 department shall notify the next eligible applicant, based upon
657 its ranking of applicants for the fiscal year, of the
658 availability of cost-share funding. Such applicant, upon
659 acceptance, may be awarded cost-share funding pursuant to this
660 section, subject to available program funds.
661 (10) Upon completion of the removal or destruction of the
662 citrus trees identified in the funded application, the applicant
663 shall present proof of payment of removal or destruction costs
664 to the department. Upon receipt of satisfactory proof of payment
665 and satisfactory proof of the removal or destruction of the
666 trees identified in the funded application, the department may
667 issue payment to the applicant for the previously approved cost
668 share amount.
669 (11) The department may adopt rules to implement and
670 administer this section, including an application process and
671 requirements, an application ranking process that is consistent
672 with the factors specified in subsection (3), and the
673 administration of cost-share funding.
674 (12) The annual awarding of funding through the program is
675 subject to specific legislative appropriation for this purpose.
676 Section 22. Subsections (1), (4), (5), (7), and (8) of
677 section 582.01, Florida Statutes, are amended to read:
678 582.01 Definitions.—Wherever used or referred to in this
679 chapter unless a different meaning clearly appears from the
680 context:
681 (1) “District” or “soil conservation district” or “soil and
682 water conservation district” means a governmental subdivision of
683 this state, and a body corporate and politic, organized in
684 accordance with the provisions of this chapter, for the purpose,
685 with the powers, and subject to the provisions set forth in this
686 chapter. The term “district,” or “soil conservation district,”
687 when used in this chapter, means and includes a “soil and water
688 conservation district.” All districts heretofore or hereafter
689 organized under this chapter shall be known as soil and water
690 conservation districts and shall have all the powers set out
691 herein.
692 (4) “Landowner” or “owner of land” includes any person who
693 holds shall hold legal or equitable title to any lands lying
694 within a district organized under the provisions of this
695 chapter.
696 (5) “Land occupier” or “occupier of land” includes any
697 person, other than the owner, who is a lessee, renter, or tenant
698 or who is otherwise shall be in possession of land any lands
699 lying within a district organized under the provisions of this
700 chapter, whether as lessee, renter, tenant, or otherwise.
701 (7) “Due notice,” in addition to notice required pursuant
702 to the provisions of chapter 120, means notice published at
703 least twice, with an interval of at least 7 days between the two
704 publication dates, in a newspaper or other publication of
705 general circulation within the appropriate area or, if no such
706 publication of general circulation be available, by posting at a
707 reasonable number of conspicuous places within the appropriate
708 area, such posting to include, where possible, posting at public
709 places where it may be customary to post notices concerning
710 county or municipal affairs generally. At any hearing held
711 pursuant to such notice, at the time and place designated in
712 such notice, adjournment may be made from time to time without
713 the necessity of renewing such notice for such adjourned dates.
714 (8) “Administrative officer” means the administrative
715 officer of soil and water conservation created by s. 582.09.
716 Section 23. Section 582.02, Florida Statutes, is amended to
717 read:
718 582.02 Legislative intent and findings; purpose of
719 districts Lands a basic asset of state.—
720 (1) It is the intent of the Legislature to promote the
721 appropriate and efficient use of soil and water resources,
722 protect water quality, prevent floodwater and sediment damage,
723 preserve wildlife, protect public lands, and protect and promote
724 the health, safety, and welfare of the public.
725 (2) The Legislature finds that the farm, forest, and
726 grazing lands; green spaces; recreational areas; and natural
727 areas of the state are among its the basic assets of the state
728 and that the conservation preservation of these assets lands is
729 in the public interest necessary to protect and promote the
730 health, safety, and general welfare of its people ; improper
731 land use practices have caused and have contributed to, and are
732 now causing and contributing to a progressively more serious
733 erosion of the farm and grazing lands of this state by fire,
734 wind and water; the breaking of natural grass, plant, and forest
735 cover has interfered with the natural factors of soil
736 stabilization, causing loosening of soil and exhaustion of
737 humus, and developing a soil condition that favors erosion; the
738 top soil is being burned, washed and blown out of fields and
739 pastures; there has been an accelerated washing of sloping
740 fields; these processes of erosion by fire, wind and water speed
741 up with removal of absorptive topsoil, causing exposure of less
742 absorptive and less protective but more erosive subsoil; failure
743 by any landowner or occupier to conserve the soil and control
744 erosion upon her or his lands causes destruction by burning,
745 washing and blowing of soil and water from her or his lands onto
746 other lands and makes the conservation of soil and control
747 erosion of such other lands difficult or impossible.
748 (3) The Legislature further finds it necessary that
749 appropriate land and water resource protection practices be
750 implemented to ensure the conservation of this state’s farm,
751 forest, and grazing lands; green spaces; recreational areas; and
752 natural areas and to conserve, protect, and properly use soil
753 and water resources.
754 (4) The purpose of the soil and water conservation
755 districts is to provide assistance, guidance, and education to
756 landowners, land occupiers, the agricultural industry, and the
757 general public in implementing land and water resource
758 protection practices and to work in conjunction with federal,
759 state, and local agencies in all matters to implement this
760 chapter.
761 Section 24. Section 582.055, Florida Statutes, is amended
762 to read:
763 582.055 Powers and duties of the Department of Agriculture
764 and Consumer Services.—The department has all of the following
765 powers and duties:
766 (1) To administer The provisions of this chapter shall be
767 administered by the Department of Agriculture and Consumer
768 Services.
769 (2) The department is authorized To receive gifts,
770 appropriations, materials, equipment, lands, and facilities and
771 to manage, operate, and disburse them for the use and benefit of
772 the soil and water conservation districts of the state.
773 (3) To require The department shall provide for an annual
774 audit of the accounts of receipts and disbursements.
775 (4) To The department may furnish information and call upon
776 any state or local agencies for cooperation in carrying out the
777 provisions of this chapter.
778 (5) To offer assistance as may be appropriate to the
779 supervisors of soil and water conservation districts and to
780 facilitate communication and cooperation between the districts.
781 (6) To seek the cooperation and assistance of the Federal
782 Government and any of its agencies, and of agencies and counties
783 of this state, in the work of such districts, including the
784 receipt and expenditure of state, federal, or other funds or
785 contributions.
786 (7) To disseminate information throughout the state
787 concerning the activities and programs of the soil and water
788 conservation districts and to encourage the formation of such
789 districts in areas where their organization is desirable.
790 (8) To create or dissolve a soil and water conservation
791 district pursuant to this chapter.
792 (9) To adopt rules, as necessary, to implement this
793 chapter.
794 Section 25. Subsection (2) of section 582.06, Florida
795 Statutes, is amended to read:
796 582.06 Soil and Water Conservation Council; powers and
797 duties.—
798 (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—
799 (a) The meetings, powers and duties, procedures, and
800 recordkeeping of the Soil and Water Conservation Council shall
801 be conducted pursuant to s. 570.232.
802 (b) The council shall accept and review requests for
803 creating or dissolving soil and water conservation districts and
804 shall, by a majority vote, recommend to the commissioner by
805 resolution that a district be created or dissolved pursuant to
806 the request or that the request be denied.
807 (c) At the request of the Governor or a district, the
808 council shall consider and recommend to the Governor the removal
809 or retention of a supervisor for neglect of duty or malfeasance
810 in office.
811 Section 26. Section 582.16, Florida Statutes, is amended to
812 read:
813 582.16 Change of Addition of territory to district
814 boundaries or removal of territory therefrom.—Requests to
815 increase or decrease the boundaries of Petitions for including
816 additional territory or removing territory within an existing
817 district may be filed with the department of Agriculture and
818 Consumer Services, and the department shall follow the
819 proceedings provided for in this chapter to create a district in
820 the case of petitions to organize a district shall be observed
821 in the case of petitions for such inclusion or removal. The
822 department shall prescribe the form for such petition, which
823 shall be as nearly as may be in the form prescribed in this
824 chapter for petitions to organize a district. If the petition is
825 signed by a majority of the landowners of such area, no
826 referendum need be held. In referenda upon petitions for such
827 inclusions or removals, all owners of land lying within the
828 proposed area to be added or removed shall be eligible to vote.
829 Section 27. Section 582.20, Florida Statutes, is amended to
830 read:
831 582.20 Powers of districts and supervisors.—A soil and
832 water conservation district organized under the provisions of
833 this chapter constitutes shall constitute a governmental
834 subdivision of this state, and a public body corporate and
835 politic, exercising public powers, and such district and the
836 supervisors thereof, shall have all of the following powers, in
837 addition to others granted in other sections of this chapter:
838 (1) To conduct surveys, studies investigations, and
839 research relating to the character of soil and water resources
840 and erosion and floodwater and sediment damages, to the
841 conservation, development and utilization of soil and water
842 resources and the disposal of water, and to the preventive and
843 control measures and works of improvement needed; to publish and
844 disseminate the results of such surveys, studies, and
845 investigations, or research,; and related to disseminate
846 information. concerning such preventive and control measures and
847 works of improvement; provided, however, that in order to avoid
848 duplication of research activities, no district shall initiate
849 any research program except in cooperation with the government
850 of this state or any of its agencies, or with the United States
851 or any of its agencies;
852 (2) To conduct agricultural best management practices
853 demonstration demonstrational projects and projects for the
854 conservation, protection, and restoration of soil and water
855 resources:
856 (a) Within the district’s boundaries;
857 (b) Within another district’s boundaries, subject to the
858 other district’s approval;, territory within another district’s
859 boundaries subject to the other district’s approval, or
860 territory
861 (c) In areas not contained within any district’s boundaries
862 on lands owned or controlled by this state or any of its
863 agencies, with the cooperation of the agency administering and
864 having jurisdiction thereof; or, and
865 (d) On any other lands within the district’s boundaries,
866 territory within another district’s boundaries subject to the
867 other district’s approval, or on lands territory not contained
868 within any district’s boundaries upon obtaining the consent of
869 the owner and occupiers of such lands or the necessary rights or
870 interests in such lands., in order to demonstrate by example the
871 means, methods, and measures by which soil and soil resources
872 may be conserved, and soil erosion in the form of soil blowing
873 and soil washing may be prevented and controlled, and works of
874 improvement for flood prevention or the conservation,
875 development and utilization of soil and water resources, and the
876 disposal of water may be carried out;
877 (3) To carry out preventive and control measures and works
878 of improvement for flood prevention or the conservation,
879 development and utilization of soil and water resources, and the
880 disposal of water within the district’s boundaries, territory
881 within another district’s boundaries subject to the other
882 district’s approval, or territory not contained within any
883 district’s boundaries, including, but not limited to,
884 engineering operations, methods of cultivation, the growing of
885 vegetation, changes in use of land, and the measures listed in
886 s. 582.04 on lands owned or controlled by this state or any of
887 its agencies, with the cooperation of the agency administering
888 and having jurisdiction thereof, and on any other lands within
889 the district’s boundaries, territory within another district’s
890 boundaries subject to the other district’s approval, or
891 territory not contained within any district’s boundaries upon
892 obtaining the consent of the owner and the occupiers of such
893 lands or the necessary rights or interests in such lands;
894 (3)(4) To cooperate, or enter into agreements with, and
895 within the limits of appropriations duly made available to it by
896 law, to furnish financial or other aid to, any special district,
897 municipality, county, water management district, state or
898 federal agency, governmental or otherwise, or any owner or
899 occupier of lands within the district’s boundaries; on lands,
900 territory within another district’s boundaries, subject to the
901 other district’s approval; or on lands, or territory not
902 contained within any district’s boundaries, to further the
903 purpose of this chapter. in the carrying on of erosion control
904 or prevention operations and works of improvement for flood
905 prevention or the conservation, development and utilization, of
906 soil and water resources and the disposal of water within the
907 district’s boundaries, territory within another district’s
908 boundaries subject to the other district’s approval, or
909 territory not contained within any district’s boundaries,
910 subject to such conditions as the supervisors may deem necessary
911 to advance the purposes of this chapter;
912 (4)(5) To obtain options upon and to acquire, by purchase,
913 exchange, lease, gift, grant, bequest, devise, or otherwise, any
914 property, real or personal, or rights or interests in such
915 property therein; to maintain, administer, and improve any
916 properties acquired, to receive income from such properties, and
917 to expend such income in complying with carrying out the
918 purposes and provisions of this chapter; and to sell, lease, or
919 otherwise dispose of any of its property or interests therein in
920 compliance with furtherance of the purposes and the provisions
921 of this chapter.;
922 (5)(6) To make available, on such terms as it shall
923 prescribe, agricultural, engineering, and other machinery,
924 materials, and equipment to landowners and occupiers of land
925 within the district’s boundaries, on lands territory within
926 another district’s boundaries, subject to the other district’s
927 approval;, or on lands territory not contained within any
928 district’s boundaries. Such machinery, materials, and equipment
929 must, agricultural and engineering machinery and equipment,
930 fertilizer, seeds and seedlings, and such other material or
931 equipment, as will assist such landowners and occupiers of land
932 to conduct carry on operations upon their lands for the
933 conservation and protection of soil and water resources. and for
934 the prevention or control of soil erosion and for flood
935 prevention or the conservation, development and utilization, of
936 soil and water resources and the disposal of water;
937 (6)(7) To construct, improve, operate, and maintain such
938 structures as may be necessary or convenient for the performance
939 of any of the operations authorized in this chapter.;
940 (7)(8) To provide or assist in providing training and
941 education programs that further the purposes of this chapter.
942 develop comprehensive plans for the conservation of soil and
943 water resources and for the control and prevention of soil
944 erosion and for flood prevention or the conservation,
945 development and utilization of soil and water resources, and the
946 disposal of water within the district’s boundaries, territory
947 within another district’s boundaries subject to the other
948 district’s approval, or territory not contained within any
949 district’s boundaries, which plans shall specify in such detail
950 as may be possible the acts, procedures, performances, and
951 avoidances which are necessary or desirable for the effectuation
952 of such plans, including the specification of engineering
953 operations, methods of cultivation, the growing of vegetation,
954 cropping programs, tillage practices, and changes in use of
955 land; control of artesian wells; and to publish such plans and
956 information and bring them to the attention of owners and
957 occupiers of lands within the district’s boundaries, territory
958 within another district’s boundaries subject to the other
959 district’s approval, or territory not contained within any
960 district’s boundaries;
961 (9) To take over, by purchase, lease, or otherwise, and to
962 administer any soil-conservation, erosion-control, erosion
963 prevention project, or any project for flood-prevention or for
964 the conservation, development and utilization of soil and water
965 resources, and the disposal of water, located within the
966 district’s boundaries, territory within another district’s
967 boundaries subject to the other district’s approval, or
968 territory not contained within any district’s boundaries,
969 undertaken by the United States or any of its agencies, or by
970 this state or any of its agencies; to manage as agent of the
971 United States or any of its agencies, or of the state or any of
972 its agencies, any soil-conservation, erosion-control, erosion
973 prevention, or any project for flood-prevention or for the
974 conservation, development, and utilization of soil and water
975 resources, and the disposal of water within the district’s
976 boundaries, territory within another district’s boundaries
977 subject to the other district’s approval, or territory not
978 contained within any district’s boundaries; to act as agent for
979 the United States, or any of its agencies, or for the state or
980 any of its agencies, in connection with the acquisition,
981 construction, operation or administration of any soil
982 conservation, erosion-control, erosion-prevention, or any
983 project for flood-prevention or for the conservation,
984 development and utilization of soil and water resources, and the
985 disposal of water within the district’s boundaries, territory
986 within another district’s boundaries subject to the other
987 district’s approval, or territory not contained within any
988 district’s boundaries; to accept donations, gifts, and
989 contributions in money, services, materials, or otherwise, from
990 the United States or any of its agencies, or from this state or
991 any of its agencies, or from others, and to use or expend such
992 moneys, services, materials or other contributions in carrying
993 on its operations;
994 (8)(10) To sue and be sued in the name of the district; to
995 have a seal, which seal shall be judicially noticed; to have
996 perpetual succession unless terminated as provided in this
997 chapter; to make and execute contracts and other instruments
998 necessary or convenient to the exercise of its powers; and upon
999 a majority vote of the supervisors of the district, to borrow
1000 money and to execute promissory notes and other evidences of
1001 indebtedness in connection therewith, and to pledge, mortgage,
1002 and assign the income of the district and its personal property
1003 as security therefor, the notes and other evidences of
1004 indebtedness to be general obligations only of the district and
1005 in no event to constitute an indebtedness for which the faith
1006 and credit of the state or any of its revenues are pledged; to
1007 make, amend, and repeal rules and regulations not inconsistent
1008 with this chapter to carry into effect its purposes and powers.
1009 (9) In coordination with the applicable counties, to use
1010 the services of the county agricultural agents and the
1011 facilities of their offices, if practicable and feasible. The
1012 supervisors may employ additional permanent or temporary staff,
1013 as needed, and determine their qualifications, duties, and
1014 compensation. The supervisors may delegate to their chair, to
1015 one or more supervisors, or to employees such powers and duties
1016 as they may deem proper, consistent with this chapter. The
1017 supervisors shall furnish to the department, upon request,
1018 copies of rules, orders, contracts, forms, and other documents
1019 they adopt or employ, and other information concerning their
1020 activities which the department may require in the performance
1021 of its duties under this chapter.
1022 (10) To adopt rules pursuant to chapter 120 to implement
1023 this chapter.
1024 (11) To request that the Governor remove a supervisor for
1025 neglect of duty or malfeasance in office by adoption of a
1026 resolution at a public meeting. If the district believes there
1027 is a need for a review of the request, the district may request
1028 the council, by resolution, to review the request and recommend
1029 action to the Governor. As a condition to the extending of any
1030 benefits under this chapter to, or the performance of work upon,
1031 any lands not owned or controlled by this state or any of its
1032 agencies, the supervisors may require contributions in money,
1033 services, materials, or otherwise to any operations conferring
1034 such benefits, and may require landowners and occupiers to enter
1035 into and perform such agreements or covenants as to the
1036 permanent use of such lands as will tend to prevent or control
1037 erosion and prevent floodwater and sediment damages thereon;
1038 (12) No Provisions with respect to the acquisition,
1039 operation, or disposition of property by public bodies of this
1040 state do not apply shall be applicable to a district organized
1041 under this chapter hereunder unless the Legislature shall
1042 specifically provides for their application so state. The
1043 property and property rights of every kind and nature acquired
1044 by a any district organized under the provisions of this chapter
1045 are shall be exempt from state, county, and other taxation.
1046 Section 28. Section 582.29, Florida Statutes, is amended to
1047 read:
1048 582.29 State agencies to cooperate.—Agencies of this state
1049 which shall have jurisdiction over, or are be charged with, the
1050 administration of any state-owned lands, and agencies of any
1051 county, or other governmental subdivision of the state, which
1052 shall have jurisdiction over, or are be charged with the
1053 administration of, any county-owned or other publicly owned
1054 lands, lying within the boundaries of any district organized
1055 under this chapter, the boundaries of another district subject
1056 to that district’s approval, or territory not contained within
1057 the boundaries of any district organized under this chapter,
1058 shall cooperate to the fullest extent with the supervisors of
1059 such districts in the implementation effectuation of programs
1060 and operations undertaken by the supervisors under the
1061 provisions of this chapter. The supervisors of such districts
1062 shall be given free access to enter and perform work upon such
1063 publicly owned lands. The provisions of land use regulations
1064 adopted shall be in all respects observed by the agencies
1065 administering such publicly owned lands.
1066 Section 29. Present subsections (4) and (5) of section
1067 595.402, Florida Statutes, are redesignated as subsections (5)
1068 and (6), respectively, and a new subsection (4) and subsections
1069 (7) and (8) are added to that section, to read:
1070 595.402 Definitions.—As used in this chapter, the term:
1071 (4) “School breakfast program” means a program authorized
1072 by s. 4 of the Child Nutrition Act of 1966 and administered by
1073 the department.
1074 (7) “Summer nutrition program” means one or more of the
1075 programs authorized under 42 U.S.C. s. 1761.
1076 (8) “Universal school breakfast program” means a program
1077 that makes breakfast available at no cost to all students
1078 regardless of their household income.
1079 Section 30. Section 595.404, Florida Statutes, is amended
1080 to read:
1081 595.404 School food and other nutrition programs service
1082 program; powers and duties of the department.—The department has
1083 the following powers and duties:
1084 (1) To conduct, supervise, and administer the program that
1085 will be carried out using federal or state funds, or funds from
1086 any other source.
1087 (2) To conduct, supervise, and administer a Farmers’ Market
1088 Nutrition Program to provide participants in the Special
1089 Supplemental Nutrition Program for Women, Infants, and Children
1090 (WIC) with locally grown fruits and vegetables. The program is
1091 to be carried out using federal or state funds or funds from any
1092 other source.
1093 (3)(2) To fully cooperate with the United States Government
1094 and its agencies and instrumentalities so that the department
1095 may receive the benefit of all federal financial allotments and
1096 assistance possible to carry out the purposes of this chapter.
1097 (4)(3) To implement and adopt by rule, as required, federal
1098 regulations to maximize federal assistance for the program.
1099 (5)(4) To act as agent of, or contract with, the Federal
1100 Government, another state agency, any county or municipal
1101 government, or sponsor for the administration of the program,
1102 including the distribution of funds provided by the Federal
1103 Government to support the program.
1104 (6)(5) To provide make a reasonable effort to ensure that
1105 any school designated as a “severe need school” receives the
1106 highest rate of reimbursement to which it is entitled under 42
1107 U.S.C. s. 1773 for each breakfast meal served.
1108 (7)(6) To develop and propose legislation necessary to
1109 implement the program, encourage the development of innovative
1110 school food and nutrition services, and expand participation in
1111 the program.
1112 (8)(7) To annually allocate among the sponsors, as
1113 applicable, funds provided from the school breakfast supplement
1114 in the General Appropriations Act based on each district’s total
1115 number of free and reduced-price breakfast meals served.
1116 (9)(8) To employ such persons as are necessary to perform
1117 its duties under this chapter.
1118 (10)(9) To adopt rules covering the administration,
1119 operation, and enforcement of the program, and the Farmers’
1120 Market Nutrition Program, as well as to implement the provisions
1121 of this chapter.
1122 (11)(10) To adopt and implement an appeal process by rule,
1123 as required by federal regulations, for applicants and
1124 participants under the programs implemented under this chapter
1125 program, notwithstanding ss. 120.569 and 120.57-120.595.
1126 (12)(11) To assist, train, and review each sponsor in its
1127 implementation of the program.
1128 (13)(12) To advance funds from the program’s annual
1129 appropriation to a summer nutrition program sponsor sponsors,
1130 when requested, in order to implement the provisions of this
1131 chapter and in accordance with federal regulations.
1132 (14) To collect data on food purchased through the programs
1133 defined in ss. 595.402(3) and 595.406 and to publish that data
1134 annually.
1135 (15) To enter into agreements with federal or state
1136 agencies to coordinate or cooperate in the implementation of
1137 nutrition programs.
1138 Section 31. Section 595.405, Florida Statutes, is amended
1139 to read:
1140 595.405 School nutrition program requirements for school
1141 districts and sponsors.—
1142 (1) Each school district school board shall consider the
1143 recommendations of the district school superintendent and adopt
1144 policies to provide for an appropriate food and nutrition
1145 service program for students consistent with federal law and
1146 department rules.
1147 (2) Each school district school board shall implement
1148 school breakfast programs that make breakfast meals available to
1149 all students in each elementary school that serves any
1150 combination of grades kindergarten through 5. Universal school
1151 breakfast programs shall be offered in schools in which 80
1152 percent or more of the students are eligible for free or
1153 reduced-price meals. Each school shall, to the maximum extent
1154 practicable, make breakfast meals available to students at an
1155 alternative site location, which may include, but need not be
1156 limited to, alternative breakfast options as described in
1157 publications of the Food and Nutrition Service of the United
1158 States Department of Agriculture for the federal School
1159 Breakfast Program.
1160 (3) Each school district school board must annually set
1161 prices for breakfast meals at rates that, combined with federal
1162 reimbursements and state allocations, are sufficient to defray
1163 costs of school breakfast programs without requiring allocations
1164 from the district’s operating funds, except if the district
1165 school board approves lower rates.
1166 (4) Each school district is encouraged to provide
1167 universal, free school breakfast meals to all students in each
1168 elementary, middle, and high school. Each school district shall
1169 approve or disapprove a policy, after receiving public testimony
1170 concerning the proposed policy at two or more regular meetings,
1171 which makes universal, free school breakfast meals available to
1172 all students in each elementary, middle, and high school in
1173 which 80 percent or more of the students are eligible for free
1174 or reduced-price meals.
1175 (4)(5) Each elementary, middle, and high school operating a
1176 breakfast program shall make a breakfast meal available if a
1177 student arrives at school on the school bus less than 15 minutes
1178 before the first bell rings and shall allow the student at least
1179 15 minutes to eat the breakfast.
1180 (5) Each district school board is encouraged to provide
1181 universal, free school breakfast meals to all students in each
1182 elementary, middle, and high school. A universal school
1183 breakfast program shall be implemented in each school in which
1184 80 percent or more of the students are eligible for free or
1185 reduced-price meals, unless the district school board, after
1186 considering public testimony at two or more regularly scheduled
1187 board meetings, decides to not implement such a program in such
1188 schools.
1189 (6) To increase school breakfast and universal school
1190 breakfast program participation, each school district must, to
1191 the maximum extent practicable, make breakfast meals available
1192 to students through alternative service models as described in
1193 publications of the Food and Nutrition Service of the United
1194 States Department of Agriculture for the federal School
1195 Breakfast Program.
1196 (7)(6) Each school district school board shall annually
1197 provide to all students in each elementary, middle, and high
1198 school information prepared by the district’s food service
1199 administration regarding available its school breakfast
1200 programs. The information shall be communicated through school
1201 announcements and written notices sent to all parents.
1202 (8)(7) A school district school board may operate a
1203 breakfast program providing for food preparation at the school
1204 site or in central locations with distribution to designated
1205 satellite schools or any combination thereof.
1206 (8) Each sponsor shall complete all corrective action plans
1207 required by the department or a federal agency to be in
1208 compliance with the program.
1209 Section 32. Section 595.406, Florida Statutes, is amended
1210 to read:
1211 595.406 Florida Farm to School Fresh Schools Program.—
1212 (1) In order to implement the Florida Farm to School Fresh
1213 Schools Program, the department shall develop policies
1214 pertaining to school food services which encourage:
1215 (a) Sponsors to buy fresh and high-quality foods grown in
1216 this state when feasible.
1217 (b) Farmers in this state to sell their products to
1218 sponsors, school districts, and schools.
1219 (c) Sponsors to demonstrate a preference for competitively
1220 priced organic food products.
1221 (d) Sponsors to make reasonable efforts to select foods
1222 based on a preference for those that have maximum nutritional
1223 content.
1224 (2) The department shall provide outreach, guidance, and
1225 training to sponsors, schools, school food service directors,
1226 parent and teacher organizations, and students about the benefit
1227 of fresh food products from farms in this state.
1228 (3) The department may recognize sponsors who purchase at
1229 least 10 percent of the food they serve from the Florida Farm to
1230 School Program.
1231 Section 33. Subsection (2) of section 595.407, Florida
1232 Statutes, is amended to read:
1233 595.407 Children’s summer nutrition program.—
1234 (2) Each school district shall develop a plan to sponsor or
1235 operate a summer nutrition program to operate sites in the
1236 school district as follows:
1237 (a) Within 5 miles of at least one elementary school that
1238 serves any combination of grades kindergarten through 5 at which
1239 50 percent or more of the students are eligible for free or
1240 reduced-price school meals and for the duration of 35
1241 consecutive days between the end of the school year and the
1242 beginning of the next school year. School districts may exclude
1243 holidays and weekends.
1244 (b) Within 10 miles of each elementary school that serves
1245 any combination of grades kindergarten through 5 at which 50
1246 percent or more of the students are eligible for free or
1247 reduced-price school meals, except as operated pursuant to
1248 paragraph (a).
1249 Section 34. Section 595.408, Florida Statutes, is amended
1250 to read:
1251 595.408 Food Commodity distribution services; department
1252 responsibilities and functions.—
1253 (1)(a) The department shall conduct, supervise, and
1254 administer all food commodity distribution services that will be
1255 carried on using federal or state funds, or funds from any other
1256 source, or food commodities received and distributed from the
1257 United States or any of its agencies.
1258 (b) The department shall determine the benefits each
1259 applicant or recipient of assistance is entitled to receive
1260 under this chapter, provided that each applicant or recipient is
1261 a resident of this state and a citizen of the United States or
1262 is an alien lawfully admitted for permanent residence or
1263 otherwise permanently residing in the United States under color
1264 of law.
1265 (2) The department shall cooperate fully with the United
1266 States Government and its agencies and instrumentalities so that
1267 the department may receive the benefit of all federal financial
1268 allotments and assistance possible to carry out the purposes of
1269 this chapter.
1270 (3) The department may:
1271 (a) Accept any duties with respect to food commodity
1272 distribution services as are delegated to it by an agency of the
1273 Federal Government or any state, county, or municipal
1274 government.
1275 (b) Act as agent of, or contract with, the Federal
1276 Government, state government, or any county or municipal
1277 government in the administration of food commodity distribution
1278 services to secure the benefits of any public assistance that is
1279 available from the Federal Government or any of its agencies,
1280 and in the distribution of funds received from the Federal
1281 Government, state government, or any county or municipal
1282 government for food commodity distribution services within the
1283 state.
1284 (c) Accept from any person or organization all offers of
1285 personal services, food commodities, or other aid or assistance.
1286 (4) This chapter does not limit, abrogate, or abridge the
1287 powers and duties of any other state agency.
1288 Section 35. Section 595.501, Florida Statutes, is amended
1289 to read:
1290 595.501 Penalties.—
1291 (1) If a corrective action plan is issued by the department
1292 or a federal agency, each sponsor must complete the corrective
1293 action plan to be in compliance with the program.
1294 (2) Any person or, sponsor, or school district that
1295 violates any provision of this chapter or any rule adopted
1296 thereunder or otherwise does not comply with the program is
1297 subject to a suspension or revocation of their agreement, loss
1298 of reimbursement, or a financial penalty in accordance with
1299 federal or state law or both. This section does not restrict the
1300 applicability of any other law.
1301 Section 36. Section 595.601, Florida Statutes, is amended
1302 to read:
1303 595.601 Food and Nutrition Services Trust Fund.—Chapter 99
1304 37, Laws of Florida, recreated the Food and Nutrition Services
1305 Trust Fund to record revenue and disbursements of Federal Food
1306 and Nutrition funds received by the department as authorized in
1307 ss. 595.404 and 598.408 s. 595.405.
1308 Section 37. Section 601.31, Florida Statutes, is amended to
1309 read:
1310 601.31 Citrus inspectors; employment.—The Department of
1311 Agriculture may in each year employ as many citrus fruit
1312 inspectors for such period or periods, not exceeding 1 year, as
1313 the Department of Agriculture shall deem necessary for the
1314 effective enforcement of the citrus fruit laws of this state.
1315 All persons authorized to inspect and certify to the maturity
1316 and grade of citrus fruit shall be governed in the discharge of
1317 their duties as such inspectors by the provisions of law and by
1318 the rules adopted by the Department of Citrus and the Department
1319 of Agriculture and shall perform their duties under the
1320 direction and supervision of the Department of Agriculture. All
1321 citrus inspectors appointed for the enforcement of this chapter
1322 shall be persons who are duly licensed or certified by the
1323 United States Department of Agriculture as citrus fruit
1324 inspectors.
1325 Section 38. Paragraphs (b) and (d) of subsection (1) and
1326 subsection (2) of section 604.21, Florida Statutes, are amended
1327 to read:
1328 604.21 Complaint; investigation; hearing.—
1329 (1)
1330 (b) To be considered timely filed, a complaint together
1331 with any required affidavits or notarizations must be received
1332 by the department within 6 months after the date of sale by
1333 electronic transmission, facsimile, regular mail, certified
1334 mail, or private delivery service. If the complaint is sent by a
1335 service other than electronic mail or facsimile, the mailing
1336 shall be postmarked or dated on or before the 6-month deadline
1337 to be accepted as timely filed.
1338 (d) A person, partnership, corporation, or other business
1339 entity filing a complaint shall submit to the department a the
1340 following documents: three completed complaint affidavit
1341 affidavits on a form provided by the department which bears with
1342 an original signature of an owner, partner, general partner, or
1343 corporate officer and an original notarization and which is
1344 accompanied by on each affidavit. If the complaint is filed by
1345 electronic transmission or facsimile, the original affidavits
1346 and original notarizations shall be filed with the department
1347 not later than the close of business of the tenth business day
1348 following the electronic transmission or facsimile filing.
1349 Attached to each complaint affidavit shall be copies of all
1350 documents that to support the complaint. Supporting documents
1351 may include be copies of invoices, bills of lading, packing or
1352 shipping documents, demand letters, or any other documentation
1353 to support the claim. In cases in which there are multiple
1354 invoices are being claimed, a summary list of all claimed
1355 invoices must accompany the complaint.
1356 (2) Upon the filing of a such complaint under this
1357 subsection in the manner herein provided, the department shall
1358 investigate the complaint and matters complained of; whereupon,
1359 if it finds that, in the opinion of the department, the facts
1360 contained in the complaint warrant it such action, the
1361 department shall serve notice of the filing of complaint on to
1362 the dealer against whom the complaint has been filed at the last
1363 address of record. Such notice shall be accompanied by a true
1364 copy of the complaint. A copy of such notice and complaint shall
1365 also be served on any to the surety company, if any, that
1366 provided the bond for the dealer, and the which surety company
1367 shall become party to the action. Such notice of the complaint
1368 shall inform the dealer of a reasonable time within which to
1369 answer the complaint by advising the department in writing that
1370 the allegations in the complaint are admitted or denied or that
1371 the complaint has been satisfied. Such notice shall also inform
1372 the dealer and the surety company or financial institution of a
1373 right to request a hearing on the complaint, if requested.
1374 Section 39. Section 604.33, Florida Statutes, is amended to
1375 read:
1376 604.33 Security requirements for grain dealers.—Each grain
1377 dealer doing business in the state shall maintain liquid
1378 security, in the form of grain on hand, cash, certificates of
1379 deposit, or other nonvolatile security that can be liquidated in
1380 10 days or less, or cash bonds, surety bonds, or letters of
1381 credit, that have been assigned to the department and that are
1382 conditioned to secure the faithful accounting for and payment to
1383 the producers for grain stored or purchased, in an amount equal
1384 to the value of grain which the grain dealer has received from
1385 grain producers for which the producers have not received
1386 payment. The bonds must be executed by the applicant as
1387 principal and by a surety corporation authorized to transact
1388 business in the state. The certificates of deposit and letters
1389 of credit must be from a recognized financial institution doing
1390 business in the United States. Each grain dealer shall report to
1391 the department monthly, on or before a date established by rule
1392 of the department, the value of grain she or he has received
1393 from producers for which the producers have not received payment
1394 and the types of transaction involved, showing the value of each
1395 type of transaction. The report shall also include a statement
1396 showing the type and amount of security maintained to cover the
1397 grain dealer’s liability to producers. The department may shall
1398 make at least one spot check annually of each grain dealer to
1399 determine compliance with the requirements of this section.
1400 Section 40. Section 582.03, Florida Statutes, is repealed.
1401 Section 41. Section 582.04, Florida Statutes, is repealed.
1402 Section 42. Section 582.05, Florida Statutes, is repealed.
1403 Section 43. Section 582.08, Florida Statutes, is repealed.
1404 Section 44. Section 582.09, Florida Statutes, is repealed.
1405 Section 45. Section 582.17, Florida Statutes, is repealed.
1406 Section 46. Section 582.21, Florida Statutes, is repealed.
1407 Section 47. Section 582.22, Florida Statutes, is repealed.
1408 Section 48. Section 582.23, Florida Statutes, is repealed.
1409 Section 49. Section 582.24, Florida Statutes, is repealed.
1410 Section 50. Section 582.25, Florida Statutes, is repealed.
1411 Section 51. Section 582.26, Florida Statutes, is repealed.
1412 Section 52. Section 582.331, Florida Statutes, is repealed.
1413 Section 53. Section 582.34, Florida Statutes, is repealed.
1414 Section 54. Section 582.35, Florida Statutes, is repealed.
1415 Section 55. Section 582.36, Florida Statutes, is repealed.
1416 Section 56. Section 582.37, Florida Statutes, is repealed.
1417 Section 57. Section 582.38, Florida Statutes, is repealed.
1418 Section 58. Section 582.39, Florida Statutes, is repealed.
1419 Section 59. Section 582.40, Florida Statutes, is repealed.
1420 Section 60. Section 582.41, Florida Statutes, is repealed.
1421 Section 61. Section 582.42, Florida Statutes, is repealed.
1422 Section 62. Section 582.43, Florida Statutes, is repealed.
1423 Section 63. Section 582.44, Florida Statutes, is repealed.
1424 Section 64. Section 582.45, Florida Statutes, is repealed.
1425 Section 65. Section 582.46, Florida Statutes, is repealed.
1426 Section 66. Section 582.47, Florida Statutes, is repealed.
1427 Section 67. Section 582.48, Florida Statutes, is repealed.
1428 Section 68. Section 582.49, Florida Statutes, is repealed.
1429 Section 69. Section 589.26, Florida Statutes, is repealed.
1430 Section 70. Except as otherwise expressly provided in this
1431 act, this act shall take effect July 1, 2016.