Florida Senate - 2022 SB 1612
By Senator Ausley
3-00671B-22 20221612__
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 377.601, F.S.;
4 providing that it is the policy of this state to
5 promote certain alternative fuels and vehicle
6 technologies; amending s. 377.703, F.S.; revising
7 duties of the department; deleting a requirement that
8 the department prepare an annual assessment of the
9 renewable energy production credit; repealing s.
10 377.810, F.S., relating to a natural gas fuel fleet
11 vehicle rebate program; amending s. 487.021, F.S.;
12 defining the term “raw agricultural commodities
13 fumigation”; amending s. 487.0435, F.S.; authorizing
14 the department to consider the use of a fumigant as a
15 pesticide for raw agricultural commodities fumigation
16 when specifying certain license classifications;
17 amending s. 500.03, F.S.; redefining and revising
18 terms; providing construction regarding hemp extract;
19 amending s. 500.032, F.S.; requiring the department to
20 administer and enforce certain provisions relating to
21 the storage of food; amending s. 500.033, F.S.;
22 revising the membership of the Florida Food Safety and
23 Food Defense Advisory Council; amending s. 500.12,
24 F.S.; revising the types of minor food outlets
25 required to obtain food permits from the department;
26 conforming provisions to changes made by the act;
27 providing construction; requiring food permits to be
28 annually renewed in accordance with department rule
29 beginning on a specified date; requiring late fees for
30 applications not received on or before the date set by
31 department rule; amending s. 500.121, F.S.; conforming
32 provisions to changes made by the act; amending s.
33 500.147, F.S.; requiring bottled water to be processed
34 in conformance with department rule; amending s.
35 500.148, F.S.; deleting provisions authorizing food
36 establishments to request from the department a report
37 certifying compliance with certain sanitation and
38 permitting requirements and rules; amending s.
39 501.603, F.S.; defining the term “substance abuse
40 marketing service provider”; amending s. 501.604,
41 F.S.; providing that substance abuse marketing service
42 providers are subject to the Florida Telemarketing
43 Act; amending s. 501.605, F.S.; conforming provisions
44 to changes made by the act; creating s. 501.6055,
45 F.S.; providing licensure requirements for substance
46 abuse marketing service providers; amending s.
47 501.606, F.S.; requiring substance abuse marketing
48 service providers to disclose specified information;
49 amending s. 501.608, F.S.; conforming provisions to
50 changes made by the act; amending s. 501.609, F.S.;
51 requiring substance abuse marketing service providers
52 to submit new or revised material to the department
53 within a specified timeframe; amending s. 501.612,
54 F.S.; conforming provisions to changes made by the
55 act; amending s. 501.616, F.S.; specifying unlawful
56 acts and practices for substance abuse marketing
57 service providers; amending s. 501.618, F.S.;
58 conforming provisions to changes made by the act;
59 amending s. 502.012, F.S.; revising and redefining
60 terms; amending s. 502.013, F.S.; revising the purpose
61 of certain provisions regarding milk and milk
62 products; amending s. 502.014, F.S.; revising the
63 authority of the department to permit and collect
64 samples of products for testing at certain facilities;
65 amending s. 502.042, F.S.; deleting a provision
66 requiring the department to periodically conduct
67 certain shelf-life studies and to sample certain milk
68 products; making technical changes; amending s.
69 502.053, F.S.; revising the milk facilities required
70 to apply for a permit to operate; requiring operating
71 permits for manufacturing plants that wholesale frozen
72 dessert products; deleting a requirement that frozen
73 dessert plant permitholders submit specified reports
74 to the department; conforming a provision to changes
75 made by the act; amending s. 502.181, F.S.; deleting
76 prohibitions against certain testing for milkfat
77 content and for repasteurizing milk; amending s.
78 502.231, F.S.; conforming a provision to changes made
79 by the act; repealing s. 502.301, F.S., relating to
80 the Dairy Industry Technical Council; amending s.
81 507.07, F.S.; providing violations for storing a
82 shipper’s goods under certain circumstances; amending
83 ss. 531.38, 531.40, and 531.41, F.S.; clarifying
84 references to certain national weights and measures
85 organizations regarding certain standards used for
86 commercial purposes; amending s. 559.935, F.S.;
87 revising provisions of which a seller of travel is
88 exempt; creating s. 570.161, F.S.; authorizing the
89 department to require applicants and licensees to
90 submit active e-mail addresses for specified purposes;
91 providing that service by electronic or regular mail
92 constitutes adequate and sufficient notice;
93 authorizing the department to achieve service by
94 publishing notice on the department’s website or in
95 the Florida Administrative Register under certain
96 circumstances; amending s. 576.011, F.S.; defining the
97 term “controlled release fertilizer”; redefining the
98 term “slow or controlled release fertilizer”; amending
99 s. 576.045, F.S.; extending the scheduled expiration
100 of certain provisions; amending s. 576.071, F.S.;
101 requiring the department to adopt rules regarding the
102 commercial value used in assessing deficient
103 fertilizer penalties; amending s. 580.031, F.S.;
104 defining the term “dosage form animal product”;
105 amending s. 580.051, F.S.; providing label
106 requirements for dosage form animal products; amending
107 s. 581.217, F.S.; revising and redefining terms;
108 deleting provisions relating to the certification of
109 hemp seeds and cultivars; revising distribution and
110 sale requirements for hemp extract; revising
111 rulemaking requirements for the department; amending
112 s. 586.045, F.S.; revising the timeframe during which
113 the department is required to provide written notice
114 and forms to beekeepers for annual certificate of
115 registration renewals; repealing part I of ch. 593,
116 F.S., relating to the Florida Boll Weevil Eradication
117 Law; amending s. 595.404, F.S.; requiring the
118 department to adopt and implement an exemption waiver
119 process by rule for sponsors of certain school food
120 and other nutrition programs; amending s. 597.004,
121 F.S.; providing that certain aquaculture products are
122 conditional freshwater and marine species for the
123 purpose of certain Florida Fish and Wildlife
124 Conservation Commission rules; exempting the culture,
125 possession, transport, and sale of such products from
126 certain provisions and rules; amending s. 570.321,
127 F.S.; conforming provisions to changes made by the
128 act; reenacting ss. 373.016(4)(a), 373.223(3), and
129 373.701(2)(a), F.S., relating to declarations of water
130 policy and certain conditions for a permit, to
131 incorporate the amendment made to s. 500.03, F.S., in
132 references thereto; reenacting ss. 559.927(2),
133 559.9335(1) and (2), and 559.9355(1)(f), F.S.,
134 relating to the definition of the term “certifying
135 party,” violations, and administrative remedies,
136 respectively, to incorporate the amendment made to s.
137 559.935, F.S., in references thereto; providing
138 effective dates.
139
140 Be It Enacted by the Legislature of the State of Florida:
141
142 Section 1. Present paragraphs (h) through (k) of subsection
143 (2) of section 377.601, Florida Statutes, are redesignated as
144 paragraphs (i) through (l), respectively, and a new paragraph
145 (h) is added to that subsection, to read:
146 377.601 Legislative intent.—
147 (2) It is the policy of the State of Florida to:
148 (h) Promote the use of alternative fuels as defined in s.
149 525.01 and the use of alternative vehicle technologies in this
150 state.
151 Section 2. Paragraphs (f), (k), and (n) of subsection (2)
152 of section 377.703, Florida Statutes, are amended to read:
153 377.703 Additional functions of the Department of
154 Agriculture and Consumer Services.—
155 (2) DUTIES.—The department shall perform the following
156 functions, unless as otherwise provided, consistent with the
157 development of a state energy policy:
158 (f) The department shall submit an annual report to the
159 Governor and the Legislature reflecting its activities and
160 making recommendations for policies for improvement of the
161 state’s response to energy supply and demand and its effect on
162 the health, safety, and welfare of the residents of this state.
163 The report must include a report from the Florida Public Service
164 Commission on electricity and natural gas and information on
165 energy conservation programs conducted and underway in the past
166 year and include recommendations for energy efficiency and
167 conservation programs for this the state, including:
168 1. Formulation of specific recommendations for improvement
169 in the efficiency of energy utilization in governmental,
170 residential, commercial, industrial, and transportation sectors.
171 2. Collection and dissemination of information relating to
172 energy efficiency and conservation, renewable energy,
173 alternative fuels, and alternative vehicle technologies.
174 3. Development and conduct of educational and training
175 programs relating to energy efficiency and conservation,
176 renewable energy, alternative fuels, and alternative vehicle
177 technologies.
178 4. An analysis of the ways in which state agencies are
179 seeking to implement s. 377.601(2), the state energy policy, and
180 recommendations for better fulfilling this policy.
181 (k) The department shall coordinate energy-related programs
182 of state government, including, but not limited to, the programs
183 provided in this section. To this end, the department shall:
184 1. Provide assistance to other state agencies, counties,
185 municipalities, and regional planning agencies to further and
186 promote their energy planning activities.
187 2. Require, in cooperation with the Department of
188 Management Services, all state agencies to operate state-owned
189 and state-leased buildings in accordance with energy
190 conservation standards as adopted by the Department of
191 Management Services. Every 3 months, the Department of
192 Management Services shall furnish the department data on
193 agencies’ energy consumption and emissions of greenhouse gases
194 in a format prescribed by the department.
195 3. Promote the development and use of renewable energy
196 resources, energy efficiency technologies, and conservation
197 measures, renewable energy, alternative fuels, and alternative
198 vehicle technologies.
199 4. Promote the recovery of energy from wastes, including,
200 but not limited to, the use of waste heat, the use of
201 agricultural products as a source of energy, and recycling of
202 manufactured products. Such promotion must shall be conducted in
203 conjunction with, and after consultation with, the Department of
204 Environmental Protection and the Florida Public Service
205 Commission where electrical generation or natural gas is
206 involved, and any other relevant federal, state, or local
207 governmental agency having responsibility for resource recovery
208 programs.
209 (n) On an annual basis, the department shall prepare an
210 assessment of the renewable energy production credit authorized
211 in s. 220.193, which the department shall submit to the
212 President of the Senate, the Speaker of the House of
213 Representatives, and the Executive Office of the Governor by
214 February 1 of each year. The assessment shall include, at a
215 minimum, the following information:
216 1. The name of each taxpayer receiving an allocation under
217 this section;
218 2. The amount of credits allocated for that fiscal year for
219 each taxpayer;
220 3. The type and amount of renewable energy produced and
221 sold, whether the facility producing that energy is a new or
222 expanded facility, and the approximate date on which production
223 began; and
224 4. The aggregate amount of credits allocated for all
225 taxpayers claiming credits under this section for the fiscal
226 year.
227 Section 3. Section 377.810, Florida Statutes, is repealed.
228 Section 4. Present subsections (57) through (67) of section
229 487.021, Florida Statutes, are redesignated as subsections (58)
230 through (68), respectively, and a new subsection (57) is added
231 to that section, to read:
232 487.021 Definitions.—For the purpose of this part:
233 (57) “Raw agricultural commodities fumigation” means the
234 use of a fumigant pesticide, using an application method adopted
235 by rule of the department, in a concentration sufficient to be
236 lethal to a given organism to treat for pests in any fruit,
237 vegetable, nut, legume, mushroom, or other post-harvest raw
238 agricultural commodity customarily consumed by humans or
239 animals.
240 Section 5. Subsection (7) is added to section 487.0435,
241 Florida Statutes, to read:
242 487.0435 License classification.—The department shall issue
243 certified applicator licenses in the following classifications:
244 certified public applicator; certified private applicator; and
245 certified commercial applicator. In addition, separate
246 classifications and subclassifications may be specified by the
247 department in rule as deemed necessary to carry out the
248 provisions of this part. Each classification shall be subject to
249 requirements or testing procedures to be set forth by rule of
250 the department and shall be restricted to the activities within
251 the scope of the respective classification as established in
252 statute or by rule. In specifying classifications, the
253 department may consider, but is not limited to, the following:
254 (7) The use of a fumigant as a pesticide, solely in raw
255 agricultural commodities fumigation.
256 Section 6. Paragraphs (d), (i), (n), (p), (q), (r), (v),
257 and (bb) of subsection (1) and subsection (3) of section 500.03,
258 Florida Statutes, are amended to read:
259 500.03 Definitions; construction; applicability.—
260 (1) For the purpose of this chapter, the term:
261 (d) “Bottled water” means water intended for human
262 consumption and sealed in a bottle or other container with no
263 added ingredients, except that it may contain safe and suitable
264 antimicrobial agents a beverage, as described in 21 C.F.R. part
265 165 (2006), that is processed in compliance with 21 C.F.R. part
266 129 (2006).
267 (i) “Convenience store” means a business that is engaged
268 primarily in the retail sale of groceries or motor fuels or
269 special fuels and may offer food services to the public.
270 Businesses providing motor fuel or special fuel to the public
271 which also offer groceries or food service are included in the
272 definition of a convenience store.
273 (m)(n) “Food” includes:
274 1. Articles used for food or drink for human consumption;
275 2. Chewing gum;
276 3. Articles used for components of any such article;
277 4. Articles for which health claims are made, which claims
278 are approved by the Secretary of the United States Department of
279 Health and Human Services and which claims are made in
280 accordance with s. 343(r) of the federal act, and which are not
281 considered drugs solely because their labels or labeling contain
282 health claims; and
283 5. Dietary supplements as defined in 21 U.S.C. s.
284 321(ff)(1) and (2); and.
285 6. Hemp extract as defined in s. 581.217.
286
287 The term includes any raw, cooked, or processed edible
288 substance; ice; any beverage; or any ingredient used, intended
289 for use, or sold for human consumption.
290 (o)(p) “Food establishment” means a factory, food outlet,
291 or other facility manufacturing, processing, packing, holding,
292 storing, or preparing food or selling food at wholesale or
293 retail. The term does not include a business or activity that is
294 regulated under s. 413.051, s. 500.80, chapter 509, or chapter
295 601. The term includes:
296 1. An establishment, or section of any establishment, where
297 food and food products are offered to the consumer and intended
298 for off-premises consumption;
299 2. A delicatessen that offers prepared food in bulk
300 quantities only; and
301 3. Tomato packinghouses and repackers but does not include
302 any other establishments that pack fruits and vegetables in
303 their raw or natural states, including those fruits or
304 vegetables that are washed, colored, or otherwise treated in
305 their unpeeled, natural form before they are marketed.
306 (q) “Food outlet” means any grocery store; convenience
307 store; minor food outlet; meat, poultry, or fish and related
308 aquatic food market; fruit or vegetable market; food warehouse;
309 refrigerated storage facility; freezer locker; salvage food
310 facility; or any other similar place storing or offering food
311 for sale.
312 (r) “Food service establishment” means any place where food
313 is prepared and intended for individual portion service, and
314 includes the site at which individual portions are provided. The
315 term includes any such place regardless of whether consumption
316 is on or off the premises and regardless of whether there is a
317 charge for the food. The term includes delicatessens that offer
318 prepared food in individual service portions. The term does not
319 include schools, institutions, fraternal organizations, private
320 homes where food is prepared or served for individual family
321 consumption, retail food stores, the location of food vending
322 machines, cottage food operations, and supply vehicles, nor does
323 the term include a research and development test kitchen limited
324 to the use of employees and which is not open to the general
325 public.
326 (s)(v) “Minor food outlet” means any retail establishment
327 that sells food groceries and may offer food service to the
328 public, but neither business activity is a major retail function
329 based on allocated space or gross sales.
330 (bb) “Retail food store” means any establishment or section
331 of an establishment where food and food products are offered to
332 the consumer and intended for off-premises consumption. The term
333 includes delicatessens that offer prepared food in bulk
334 quantities only. The term does not include establishments which
335 handle only prepackaged, nonpotentially hazardous foods;
336 roadside markets that offer only fresh fruits and fresh
337 vegetables for sale; food service establishments; or food and
338 beverage vending machines.
339 (3) For the purpose of this chapter:,
340 (a) The selling of food includes the manufacture,
341 production, processing, packing, exposure, offer, possession,
342 and holding of any article of food for sale; the sale,
343 dispensing, and giving of any article of food; and the supplying
344 or applying of food in the conduct of any food establishment.
345 (b) Hemp extract is considered a food requiring time or
346 temperature control for the safety and integrity of the product.
347 Section 7. Subsection (1) of section 500.032, Florida
348 Statutes, is amended to read:
349 500.032 Declaration of policy and cooperation among
350 departments.—
351 (1) The department shall administer and enforce is charged
352 with the administration and enforcement of this chapter in order
353 to prevent fraud, harm, adulteration, misbranding, or false
354 advertising in the preparation, manufacture, storage, or sale of
355 articles of food. The department shall It is further charged to
356 enforce the provisions of this chapter relating to the
357 production, manufacture, storage, transportation, and sale of
358 food, as well as articles entering into, and intended for use as
359 ingredients in the preparation of, food.
360 Section 8. Subsection (1) of section 500.033, Florida
361 Statutes, is amended to read:
362 500.033 Florida Food Safety and Food Defense Advisory
363 Council.—
364 (1) There is created the Florida Food Safety and Food
365 Defense Advisory Council for the purpose of serving as a forum
366 for presenting, investigating, and evaluating issues of current
367 importance to the assurance of a safe and secure food supply to
368 the residents of this state citizens of Florida. The Florida
369 Food Safety and Food Defense Advisory Council shall consist of,
370 but not be limited to,: the Commissioner of Agriculture or his
371 or her designee; the State Surgeon General or his or her
372 designee; the Secretary of Business and Professional Regulation
373 or his or her designee; the person responsible for domestic
374 security with the Department of Law Enforcement; members
375 representing the production, processing, distribution, and sale
376 of foods; consumers or members of citizens groups;
377 representatives of food industry groups; scientists or other
378 experts in aspects of food safety from state universities;
379 representatives from local, state, and federal agencies that are
380 charged with responsibilities for food safety or food defense;
381 and, as ex officio members, the person responsible for domestic
382 security within the Department of Law Enforcement or his or her
383 designee, the chairs of the Agriculture Committees of the Senate
384 and the House of Representatives or their designees,; and the
385 chairs of the committees of the Senate and the House of
386 Representatives with jurisdictional oversight of home defense
387 issues or their designees. The Commissioner of Agriculture shall
388 appoint the remaining members. The council shall make periodic
389 reports to the Department of Agriculture and Consumer Services
390 concerning findings and recommendations in the area of food
391 safety and food defense.
392 Section 9. Paragraphs (a), (b), and (e) of subsection (1)
393 and subsections (2) and (5) of section 500.12, Florida Statutes,
394 are amended to read:
395 500.12 Food permits; building permits.—
396 (1)(a) A food permit from the department is required of any
397 person who operates a food establishment or retail food store,
398 except:
399 1. Persons operating minor food outlets that sell food that
400 is commercially prepackaged, is not potentially hazardous, does
401 not contain hemp extract as defined in s. 581.217, and is not
402 time or temperature controlled for safety, if the shelf space
403 for food those items does not exceed 12 total square linear feet
404 and no other food is sold by the minor food outlet.
405 2. Persons subject to continuous, onsite federal or state
406 inspection.
407 3. Persons selling only legumes in the shell, either
408 parched, roasted, or boiled.
409 4. Persons selling sugar cane or sorghum syrup that has
410 been boiled and bottled on a premise located within this the
411 state. Such bottles must contain a label listing the producer’s
412 name and street address, all added ingredients, the net weight
413 or volume of the product, and a statement that reads, “This
414 product has not been produced in a facility permitted by the
415 Florida Department of Agriculture and Consumer Services.”
416 (b) Each food establishment and retail food store regulated
417 under this chapter must apply for and receive a food permit
418 before operation begins. An application for a food permit from
419 the department must be accompanied by a fee in an amount
420 determined by department rule. The department shall adopt by
421 rule a schedule of fees to be paid by each food establishment
422 and retail food store as a condition of issuance or renewal of a
423 food permit. Such fees may not exceed $650 and must shall be
424 used solely for the recovery of costs for the services provided,
425 except that the fee accompanying an application for a food
426 permit for operating a bottled water plant may not exceed $1,000
427 and the fee accompanying an application for a food permit for
428 operating a packaged ice plant may not exceed $250. The fee for
429 operating a bottled water plant or a packaged ice plant must
430 shall be set by rule of the department. Food permits are not
431 transferable from one person or physical location to another.
432 Food permits must be renewed annually on or before January 1. If
433 an application for renewal of a food permit is not received by
434 the department within 30 days after its due date, a late fee not
435 exceeding $100 must be paid in addition to the food permit fee
436 before the department may issue the food permit. The moneys
437 collected must shall be deposited in the General Inspection
438 Trust Fund.
439 (e) The department is the exclusive regulatory and
440 permitting authority for all food outlets, retail food stores,
441 food establishments, convenience stores, and minor food outlets
442 in accordance with this section. Application for a food permit
443 must be made on forms provided by the department, which forms
444 must also contain provision for application for registrations
445 and permits issued by other state agencies and for collection of
446 the food permit fee and any other fees associated with
447 registration, licensing, or applicable surcharges. The details
448 of the application must shall be prescribed by department rule.
449 (2) When any person applies for a building permit to
450 construct, convert, or remodel any food establishment, food
451 outlet, or retail food store, the authority issuing such permit
452 shall make available to the applicant a printed statement,
453 provided by the department, regarding the applicable sanitation
454 requirements for such establishments. A building permitting
455 authority, or municipality or county under whose jurisdiction a
456 building permitting authority operates, may not be held liable
457 for a food establishment, food outlet, or retail food store that
458 does not comply with the applicable sanitation requirements due
459 to failure of the building permitting authority to provide the
460 information as provided in this subsection.
461 (a) The department shall furnish, for distribution, a
462 statement that includes the checklist to be used by the food
463 inspector in any preoperational inspections to assure that the
464 food establishment is constructed and equipped to meet the
465 applicable sanitary guidelines. Such preoperational inspection
466 is shall be a prerequisite for obtaining a food permit in
467 accordance with this section.
468 (b) The department may provide assistance, when requested
469 by the applicant, in the review of any construction or
470 remodeling plans for food establishments. The department may
471 charge a fee for such assistance which covers the cost of
472 providing the assistance and which must shall be deposited in
473 the General Inspection Trust Fund for use in funding the food
474 safety program.
475 (c) A building permitting authority or other subdivision of
476 local government may not require the department to approve
477 construction or remodeling plans for food establishments and
478 retail food stores as a condition of any permit or license at
479 the local level.
480 (5) It is the intent of the Legislature to eliminate
481 duplication of regulatory inspections of food. Regulatory and
482 permitting authority over any food establishment is preempted to
483 the department, except as provided in chapter 379.
484 (a) Food establishments or retail food stores that have
485 ancillary food service activities are shall be permitted and
486 inspected by the department.
487 (b) Food service establishments, as defined in s. 381.0072,
488 that have ancillary, prepackaged retail food sales are shall be
489 regulated by the Department of Health.
490 (c) Public food service establishments, as defined in s.
491 509.013, which have ancillary, prepackaged retail food sales are
492 shall be licensed and inspected by the Department of Business
493 and Professional Regulation.
494 (d) The department and the Department of Business and
495 Professional Regulation shall cooperate to assure equivalency of
496 inspection and enforcement and to share information on those
497 establishments identified in paragraphs (a) and (c) and to
498 address any other areas of potential duplication. The department
499 and the Department of Business and Professional Regulation are
500 authorized to adopt rules to enforce statutory requirements
501 under their purview regarding foods.
502 (e) Permitting by the department, in accordance with this
503 chapter, of any establishment producing, manufacturing,
504 transporting, selling, offering for sale, distributing, storing,
505 or holding prepackaged hemp extract for human consumption is not
506 a duplication of regulatory inspection pursuant to this section.
507 Section 10. Effective January 1, 2023, paragraph (b) of
508 subsection (1) of section 500.12, Florida Statutes, as amended
509 by this act, is amended to read:
510 500.12 Food permits; building permits.—
511 (1)
512 (b) Each food establishment regulated under this chapter
513 must apply for and receive a food permit before operation
514 begins. An application for a food permit from the department
515 must be accompanied by a fee in an amount determined by
516 department rule. The department shall adopt by rule a schedule
517 of fees to be paid by each food establishment as a condition of
518 issuance or renewal of a food permit. Such fees may not exceed
519 $650 and must be used solely for the recovery of costs for the
520 services provided, except that the fee accompanying an
521 application for a food permit for operating a bottled water
522 plant may not exceed $1,000 and the fee accompanying an
523 application for a food permit for operating a packaged ice plant
524 may not exceed $250. The fee for operating a bottled water plant
525 or a packaged ice plant must be set by rule of the department.
526 Food permits are not transferable from one person or physical
527 location to another. Food permits must be renewed annually in
528 accordance with rules adopted by the department on or before
529 January 1. If an application for renewal of a food permit is not
530 received by the department on or before within 30 days after its
531 due date, a late fee not exceeding $100 must be paid in addition
532 to the food permit fee before the department may issue the food
533 permit. The moneys collected must be deposited in the General
534 Inspection Trust Fund.
535 Section 11. Subsection (1) of section 500.121, Florida
536 Statutes, is amended to read:
537 500.121 Disciplinary procedures.—
538 (1) In addition to the suspension procedures provided in s.
539 500.12, if applicable, the department may impose an
540 administrative fine in the Class II category pursuant to s.
541 570.971 against any retail food store, food establishment, or
542 cottage food operation that violates this chapter, which fine,
543 when imposed and paid, must shall be deposited by the department
544 into the General Inspection Trust Fund. The department may
545 revoke or suspend the permit of any such retail food store or
546 food establishment if it is satisfied that the retail food store
547 or food establishment has:
548 (a) Violated this chapter.
549 (b) Violated or aided or abetted in the violation of any
550 law of this state governing or applicable to retail food stores
551 or food establishments or any lawful rules of the department.
552 (c) Knowingly committed, or been a party to, any material
553 fraud, misrepresentation, conspiracy, collusion, trick, scheme,
554 or device whereby another person, lawfully relying upon the
555 word, representation, or conduct of a retail food store or food
556 establishment, acts to her or his injury or damage.
557 (d) Committed any act or conduct of the same or different
558 character than that enumerated which constitutes fraudulent or
559 dishonest dealing.
560 Section 12. Paragraph (a) of subsection (3) of section
561 500.147, Florida Statutes, is amended to read:
562 500.147 Inspection of food establishments, food records,
563 and vehicles.—
564 (3) For bottled water plants:
565 (a) Bottled water must be from an approved source. Bottled
566 water must be processed in conformance with department rule 21
567 C.F.R. part 129 (2006), and must conform to 21 C.F.R. part 165
568 (2006). A person operating a bottled water plant is shall be
569 responsible for all water sampling and analyses required by this
570 chapter.
571 Section 13. Subsection (3) of section 500.148, Florida
572 Statutes, is amended to read:
573 500.148 Reports and dissemination of information;
574 confidentiality.—
575 (3)(a) Upon request of a food establishment, the department
576 may issue a report certifying that the requesting food
577 establishment currently complies with the sanitation and
578 permitting requirements of this chapter and the rules adopted
579 thereunder. Such certification may be requested for the purpose
580 of exporting food to a foreign country.
581 (b) The department may recover the cost associated with
582 carrying out the provisions of this subsection, the amount of
583 which shall be set by rule.
584 Section 14. Subsection (13) is added to section 501.603,
585 Florida Statutes, to read:
586 501.603 Definitions.—As used in this part, unless the
587 context otherwise requires, the term:
588 (13) “Substance abuse marketing service provider” means an
589 entity that provides substance abuse advertising or marketing
590 services to a service provider or an operator of a recovery
591 residence as described in s. 397.55. The term includes, but is
592 not limited to, owners, operators, officers, directors,
593 partners, or other individuals engaged in the management
594 activities of a business entity pursuant to this part.
595 Section 15. Section 501.604, Florida Statutes, is amended
596 to read:
597 501.604 Exemptions.—The provisions of This part, except ss.
598 501.608 and 501.616(6) and (7), does do not apply to any of the
599 following persons:
600 (1) A person engaging in commercial telephone solicitation
601 where the solicitation is an isolated transaction and not done
602 in the course of a pattern of repeated transactions of like
603 nature.
604 (2) A person soliciting for religious, charitable,
605 political, or educational purposes. A person soliciting for
606 other noncommercial purposes is exempt only if that person is
607 soliciting for a nonprofit corporation and if that corporation
608 is properly registered as such with the Secretary of State and
609 is included within the exemption of s. 501(c)(3) or (6) of the
610 Internal Revenue Code.
611 (3) A person who does not make the major sales presentation
612 during the telephone solicitation and who does not intend to,
613 and does not actually, complete or obtain provisional acceptance
614 of a sale during the telephone solicitation, but who makes the
615 major sales presentation and completes the sale at a later face
616 to-face meeting between the seller and the prospective purchaser
617 in accordance with the home solicitation provisions in this
618 chapter. However, if a seller, directly following a telephone
619 solicitation, causes an individual whose primary purpose it is
620 to go to the prospective purchaser to collect the payment or
621 deliver any item purchased, this exemption does not apply.
622 (4) A licensed securities, commodities, or investment
623 broker, dealer, or investment adviser, when soliciting within
624 the scope of his or her license, or a licensed associated person
625 of a securities, commodities, or investment broker, dealer, or
626 investment adviser, when soliciting within the scope of his or
627 her license. As used in this section, the term “licensed
628 securities, commodities, or investment broker, dealer, or
629 investment adviser” means a person subject to license or
630 registration as such by the Securities and Exchange Commission,
631 by the Financial Industry Regulatory Authority or other self
632 regulatory organization as defined by the Securities Exchange
633 Act of 1934, 15 U.S.C. s. 78l, or by an official or agency of
634 this state or of any state of the United States. As used in this
635 section, the term “licensed associated person of a securities,
636 commodities, or investment broker, dealer, or investment
637 adviser” means an associated person registered or licensed by
638 the Financial Industry Regulatory Authority or other self
639 regulatory organization as defined by the Securities Exchange
640 Act of 1934, 15 U.S.C. s. 78l, or by an official or agency of
641 this state or of any state of the United States.
642 (5) A person primarily soliciting the sale of a newspaper
643 of general circulation.
644 (6) A book, video, or record club or contractual plan or
645 arrangement:
646 (a) Under which the seller provides the consumer with a
647 form which the consumer may use to instruct the seller not to
648 ship the offered merchandise.
649 (b) Which is regulated by the Federal Trade Commission
650 trade regulation concerning “use of negative option plans by
651 sellers in commerce.”
652 (c) Which provides for the sale of books, records, or
653 videos which are not covered under paragraph (a) or paragraph
654 (b), including continuity plans, subscription arrangements,
655 standing order arrangements, supplements, and series
656 arrangements under which the seller periodically ships
657 merchandise to a consumer who has consented in advance to
658 receive such merchandise on a periodic basis.
659 (7) A supervised financial institution or parent,
660 subsidiary, or affiliate thereof operating within the scope of
661 supervised activity. As used in this section, the term
662 “supervised financial institution” means a commercial bank,
663 trust company, savings and loan association, mutual savings
664 bank, credit union, industrial loan company, consumer finance
665 lender, commercial finance lender, or insurer, provided that the
666 institution is subject to supervision by an official or agency
667 of this state, of any state, or of the United States. For the
668 purposes of this exemption, the term “affiliate” means a person
669 who directly, or indirectly through one or more intermediaries,
670 controls or is controlled by, or is under common control with, a
671 supervised financial institution.
672 (8) Any licensed insurance broker, agent, customer
673 representative, or solicitor when soliciting within the scope of
674 his or her license. As used in this section, the term “licensed
675 insurance broker, agent, customer representative, or solicitor”
676 means any insurance broker, agent, customer representative, or
677 solicitor licensed by an official or agency of this state or of
678 any state of the United States.
679 (9) A person soliciting the sale of services provided by a
680 cable television system operating under authority of a franchise
681 or permit.
682 (10) A business-to-business sale where:
683 (a) The commercial telephone seller has been lawfully
684 operating continuously for at least 3 years under the same
685 business name and has at least 50 percent of its dollar volume
686 consisting of repeat sales to existing businesses;
687 (b) The purchaser business intends to resell or offer for
688 purposes of advertisement or as a promotional item the property
689 or goods purchased; or
690 (c) The purchaser business intends to use the property or
691 goods purchased in a recycling, reuse, remanufacturing, or
692 manufacturing process.
693 (11) A person who solicits sales by periodically publishing
694 and delivering a catalog of the seller’s merchandise to
695 prospective purchasers, if the catalog:
696 (a) Contains a written description or illustration of each
697 item offered for sale.
698 (b) Includes the business address or home office address of
699 the seller.
700 (c) Includes at least 20 pages of written material and
701 illustrations and is distributed in more than one state.
702 (d) Has an annual circulation by mailing of not less than
703 150,000.
704 (12) A person who solicits contracts for the maintenance or
705 repair of goods previously purchased from the person making the
706 solicitation or on whose behalf the solicitation is made.
707 (13) A commercial telephone seller licensed pursuant to
708 chapter 516 or part III of chapter 520. For purposes of this
709 exemption, the seller must solicit to sell a consumer good or
710 service within the scope of his or her license and the completed
711 transaction must be subject to the provisions of chapter 516 or
712 part III of chapter 520.
713 (14) A telephone company subject to chapter 364, or
714 affiliate thereof or its agents, or a telecommunications
715 business that is regulated by the Florida Public Service
716 Commission, or a Federal Communications Commission licensed
717 cellular telephone company or other bona fide radio
718 telecommunication services provider. For the purposes of this
719 exemption, the term “affiliate” means a person who directly, or
720 indirectly through one or more intermediaries, controls or is
721 controlled by, or is under common control with, a telephone
722 company subject to chapter 364.
723 (15) A person who is licensed pursuant to chapter 497 and
724 who is soliciting within the scope of the license.
725 (16) An issuer or a subsidiary of an issuer that has a
726 class of securities which is subject to s. 12 of the Securities
727 Exchange Act of 1934, 15 U.S.C. s. 78l, and which is either
728 registered or exempt from registration under paragraph (A),
729 paragraph (B), paragraph (C), paragraph (E), paragraph (F),
730 paragraph (G), or paragraph (H) of subsection (g)(2) of that
731 section.
732 (17) A business soliciting exclusively the sale of
733 telephone answering services provided that the telephone
734 answering services will be supplied by the solicitor.
735 (18) A person soliciting a transaction regulated by the
736 Commodity Futures Trading Commission if the person is registered
737 or temporarily licensed for this activity with the Commodity
738 Futures Trading Commission under the Commodity Exchange Act, 7
739 U.S.C. ss. 1 et seq., and the registration or license has not
740 expired or been suspended or revoked.
741 (19) A person soliciting the sale of food or produce as
742 defined in chapter 500 or chapter 504 if the solicitation
743 neither intends to result in, or actually results in, a sale
744 which costs the purchaser in excess of $500.
745 (20) A person who is registered pursuant to part XI of
746 chapter 559 and who is soliciting within the scope of the
747 registration.
748 (21) A person soliciting business from prospective
749 consumers who have an existing business relationship with or who
750 have previously purchased from the business enterprise for which
751 the solicitor is calling, if the solicitor is operating under
752 the same exact business name.
753 (22) A person who has been operating, for at least 1 year,
754 a retail business establishment under the same name as that used
755 in connection with telemarketing, and both of the following
756 occur on a continuing basis:
757 (a) Either products are displayed and offered for sale or
758 services are offered for sale and provided at the business
759 establishment.
760 (b) A majority of the seller’s business involves the buyer
761 obtaining such products or services at the seller’s location.
762 (23) A person who is a registered developer or exchange
763 company pursuant to chapter 721 and who is soliciting within the
764 scope of the chapter.
765 (24) Any person who has been lawfully providing
766 telemarketing sales services continuously for at least 5 years
767 under the same ownership and control and who derives 75 percent
768 of its gross telemarketing sales revenues from contracts with
769 persons exempted in this section.
770 (25) A person licensed pursuant to chapter 475 and who is
771 soliciting within the scope of the chapter.
772 (26) A publisher, or an agent of a publisher by written
773 agreement, who solicits the sale of his or her periodical or
774 magazine of general, paid circulation. The term “paid
775 circulation” does shall not include magazines that are only
776 circulated as part of a membership package or that are given as
777 a free gift or prize from the publisher or agent of the
778 publisher by written agreement.
779 (27) A person who is a licensed operator or an
780 identification cardholder, as defined in chapter 482, and who is
781 soliciting within the scope of the chapter.
782 (28) A licensee, or an affiliate of a licensee, regulated
783 under chapter 560, the Money Transmitters’ Code, for foreign
784 currency exchange services.
785
786 The exemptions provided by this section do not apply to
787 substance abuse marketing service providers.
788 Section 16. Section 501.605, Florida Statutes, is amended
789 to read:
790 501.605 Licensure of commercial telephone sellers and
791 entities providing substance abuse marketing services.—
792 (1) Before doing business in this state, a commercial
793 telephone seller or an entity providing substance abuse
794 marketing services in accordance with s. 397.55 shall obtain a
795 license from the department. Doing business in this state
796 includes either telephone solicitation from a location in
797 Florida or solicitation from other states or nations of
798 purchasers located in Florida.
799 (2) An applicant for a license as a commercial telephone
800 seller or as an entity providing substance abuse marketing
801 services must submit to the department, in such form as it
802 prescribes, a written application for the license. The
803 application must state all of set forth the following
804 information:
805 (a) The true name, date of birth, driver license number or
806 other valid form of identification, and home address of the
807 applicant, including each name under which he or she intends to
808 do business.
809 (b) Each business or occupation engaged in by the applicant
810 during the 3 years immediately preceding the date of the
811 application, and the location thereof.
812 (c) The previous experience of the applicant as a
813 commercial telephone seller or salesperson or as an entity
814 providing substance abuse marketing services.
815 (d) Whether the applicant has previously been arrested for,
816 convicted of, or is under indictment or information for, a
817 felony and, if so, the nature of the felony. Conviction includes
818 a finding of guilt where adjudication has been withheld.
819 (e) Whether the applicant has previously been convicted of,
820 or is under indictment or information for, racketeering or any
821 offense involving fraud, theft, embezzlement, fraudulent
822 conversion, or misappropriation of property. Conviction includes
823 a finding of guilt where adjudication has been withheld.
824 (f) Whether there has ever been a judicial or
825 administrative finding that the applicant has previously been
826 convicted of acting as a salesperson without a license, or
827 whether such a license has previously been refused, revoked, or
828 suspended in any jurisdiction.
829 (g) Whether the applicant has worked for, or been
830 affiliated with, a company that has had entered against it an
831 injunction, a temporary restraining order, or a final judgment
832 or order, including a stipulated judgment or order, an assurance
833 of voluntary compliance, or any similar document, in any civil
834 or administrative action involving racketeering, fraud, theft,
835 embezzlement, fraudulent conversion, or misappropriation of
836 property or the use of any untrue, deceptive, or misleading
837 representation or the use of any unfair, unlawful, or deceptive
838 trade practice.
839 (h) Whether the applicant has had entered against him or
840 her an injunction, a temporary restraining order, or a final
841 judgment or order, including a stipulated judgment or order, an
842 assurance of voluntary compliance, or any similar document, in
843 any civil or administrative action involving racketeering,
844 fraud, theft, embezzlement, fraudulent conversion, or
845 misappropriation of property or the use of any untrue,
846 deceptive, or misleading representation or the use of any
847 unfair, unlawful, or deceptive trade practice; and whether or
848 not there is any litigation pending against the applicant.
849 (i) The name of any parent or affiliated entity that:
850 1. Will engage in a business transaction with the purchaser
851 relating to any sale solicited by the applicant; or
852 2. Accepts responsibility or is otherwise held out by the
853 applicant as being responsible for any statement or act of the
854 applicant relating to any sale solicited by the applicant.
855 (j) The complete street address of each location,
856 designating the principal location, from which the applicant
857 will be doing business. The street address may not be a mail
858 drop.
859 (k) A list of all telephone numbers to be used by the
860 applicant, with the address where each telephone using these
861 numbers will be located.
862 (l) The true name, current home address, date of birth, and
863 all other names by which known, or previously known, of each:
864 1. Principal officer, director, trustee, shareholder,
865 owner, or partner of the applicant, and of each other person
866 responsible for the management of the business of the applicant.
867 2. Office manager or other person principally responsible
868 for a location from which the applicant will do business.
869 3. Salesperson or other person to be employed by the
870 applicant.
871
872 The application must shall be accompanied by a copy of any:
873 script, outline, or presentation the applicant will require or
874 suggest a salesperson to use when soliciting, or, if no such
875 document is used, a statement to that effect; sales information
876 or literature to be provided by the applicant to a salesperson;
877 and sales information or literature to be provided by the
878 applicant to a purchaser in connection with any solicitation.
879 (3) When an application states sets forth information
880 regarding an applicant as described in paragraphs (2)(d)-(h),
881 the applicant must:
882 (a) Identify the court or administrative agency rendering
883 the conviction, judgment, or order against the person or pending
884 litigation.
885 (b) Provide the docket number of the matter; the date of
886 the conviction, judgment, or order; and the name of the
887 governmental agency, if any, that brought the action resulting
888 in the conviction, judgment, or order. The applicant must also
889 include litigation.
890 (4) If the applicant is other than a natural person, or if
891 any parent or affiliated entity is identified pursuant to
892 paragraph (2)(i), the applicant must, for itself and for any
893 such entity, identify its place of organization and:
894 (a) In the case of a partnership, provide a copy of any
895 written partnership agreement; or
896 (b) In the case of a corporation, provide a copy of its
897 articles of incorporation and bylaws.
898 (5) An application filed pursuant to this part must be
899 verified and accompanied by:
900 (a) A bond, letter of credit, or certificate of deposit
901 satisfying the requirements of s. 501.611. An entity providing
902 substance abuse marketing services in accordance with s. 397.55
903 is exempt from this requirement.
904 (b) A fee for licensing in the amount of $1,500. The fee
905 must shall be deposited into the General Inspection Trust Fund.
906 The department shall waive the initial license fee for an
907 honorably discharged veteran of the United States Armed Forces,
908 the spouse or surviving spouse of such a veteran, a current
909 member of the United States Armed Forces who has served on
910 active duty, the spouse of such a member, the surviving spouse
911 of a member of the United States Armed Forces if such member
912 died while serving on active duty, or a business entity that has
913 a majority ownership held by such a veteran or spouse or
914 surviving spouse if the department receives an application, in a
915 format prescribed by the department. The application format must
916 include the applicant’s signature, under penalty of perjury, and
917 supporting documentation. To qualify for the waiver:
918 1. A veteran must provide to the department a copy of his
919 or her DD Form 214, as issued by the United States Department of
920 Defense, or another acceptable form of identification as
921 specified by the Department of Veterans’ Affairs;
922 2. The spouse or surviving spouse of a veteran must provide
923 to the department a copy of the veteran’s DD Form 214, as issued
924 by the United States Department of Defense, or another
925 acceptable form of identification as specified by the Department
926 of Veterans’ Affairs, and a copy of a valid marriage license or
927 certificate verifying that he or she was lawfully married to the
928 veteran at the time of discharge; or
929 3. A business entity must provide to the department proof
930 that a veteran or the spouse or surviving spouse of a veteran
931 holds a majority ownership in the business, a copy of the
932 veteran’s DD Form 214, as issued by the United States Department
933 of Defense, or another acceptable form of identification as
934 specified by the Department of Veterans’ Affairs, and, if
935 applicable, a copy of a valid marriage license or certificate
936 verifying that the spouse or surviving spouse of the veteran was
937 lawfully married to the veteran at the time of discharge.
938 (6) The department shall issue a license number to all
939 commercial telephone sellers.
940 (7) It is a violation of this part for a commercial
941 telephone seller or an entity providing substance abuse
942 marketing services to:
943 (a) Fail to maintain a valid license.
944 (b) Advertise that one is licensed as a commercial seller
945 or as an entity providing substance abuse marketing services or
946 represent that such licensing constitutes approval or
947 endorsement by any government or governmental office or agency.
948 (c) Provide inaccurate or incomplete information to the
949 department when making a license application.
950 (d) Misrepresent that a person is registered or that such a
951 person has a valid license number.
952 Section 17. Section 501.6055, Florida Statutes, is created
953 to read:
954 501.6055 Licensure of substance abuse marketing service
955 providers.—
956 (1) Before doing business in this state, a substance abuse
957 marketing service provider must obtain a license from the
958 department. As used in this subsection, the term “doing business
959 in this state” includes providing substance abuse marketing
960 services to a service provider or operator of a recovery
961 residence with locations in Florida, by making telephone calls
962 from a location in Florida, making telephone calls from other
963 states or nations to consumers located in Florida, or using
964 advertisements to invite telephone calls from Florida consumers.
965 (2) An applicant for a license as a substance abuse
966 marketing service provider must submit to the department a
967 written application, in a form prescribed by the department, for
968 the license. The application must include all of the following
969 information:
970 (a) The true name, date of birth, driver license number or
971 other valid form of identification, and home address of the
972 applicant, including each name under which he or she intends to
973 do business.
974 (b) Each business or occupation engaged in by the applicant
975 during the 3 years immediately preceding the date of the
976 application, and the location thereof.
977 (c) The previous experience of the applicant as a substance
978 abuse marketing service provider.
979 (d) Whether the applicant has previously been arrested for
980 or convicted of, or is under indictment or information for, a
981 felony and, if so, the nature of the felony. Conviction includes
982 a finding of guilt where adjudication has been withheld.
983 (e) Whether the applicant has previously been convicted of,
984 or is under indictment or information for, racketeering or any
985 offense involving fraud, theft, embezzlement, fraudulent
986 conversion, or misappropriation of property. Conviction includes
987 a finding of guilt where adjudication has been withheld.
988 (f) Whether there has ever been a judicial or
989 administrative finding in any jurisdiction that the applicant
990 has previously been convicted of acting as a substance abuse
991 marketing service provider without a license, or whether such a
992 license has previously been refused, revoked, or suspended.
993 (g) Whether the applicant has worked for, or been
994 affiliated with, a company that has had entered against it an
995 injunction, a temporary restraining order, or a final judgment
996 or order, including a stipulated judgment or order, an assurance
997 of voluntary compliance, or any similar document, in any civil
998 or administrative action involving racketeering, fraud, theft,
999 embezzlement, fraudulent conversion, or misappropriation of
1000 property or the use of any untrue, deceptive, or misleading
1001 representation or the use of any unfair, unlawful, or deceptive
1002 trade practice.
1003 (h) Whether the applicant has had entered against him or
1004 her an injunction, a temporary restraining order, or a final
1005 judgment or order, including a stipulated judgment or order, an
1006 assurance of voluntary compliance, or any similar document, in
1007 any civil or administrative action involving racketeering,
1008 fraud, theft, embezzlement, fraudulent conversion, or
1009 misappropriation of property or the use of any untrue,
1010 deceptive, or misleading representation or the use of any
1011 unfair, unlawful, or deceptive trade practice; and whether there
1012 is any litigation pending against the applicant.
1013 (i) The name of any parent or affiliated entity that:
1014 1. Will engage in a business transaction with the
1015 individual seeking substance abuse services through the
1016 applicant; or
1017 2. Accepts responsibility or is otherwise held out by the
1018 applicant as being responsible for any statement or act of the
1019 applicant relating to any service offered by the applicant.
1020 (j) The complete street address of each location,
1021 designating the principal location, from which the applicant
1022 will be doing business. The street address may not be a post
1023 office box.
1024 (k) A list of all telephone numbers to be used by the
1025 applicant, with the address where each telephone using these
1026 numbers will be located.
1027 (l) The true name, current home address, date of birth, and
1028 all other names by which known, or previously known, of each:
1029 1. Applicant, or if the applicant is not an individual, the
1030 principal officer, director, trustee, shareholder, owner, or
1031 partner of the applicant, and of each other person responsible
1032 for the management of the business of the applicant.
1033 2. Office manager or other person principally responsible
1034 for a location from which the applicant will do business.
1035 3. Persons to be employed by the applicant to make or
1036 answer telephone calls in connection with the marketing of
1037 substance abuse services.
1038
1039 The application must be accompanied by a copy of any script,
1040 outline, or presentation the applicant will require or suggest a
1041 person to use when making or answering telephone calls in the
1042 conduct of business as a substance abuse marketing service
1043 provider, or, if no such document is used, a statement to that
1044 effect; literature to be provided by the applicant to a person
1045 employed to make or answer calls on behalf of the substance
1046 abuse marketing service provider; and literature to be provided
1047 by the applicant to an individual who requests assistance with
1048 substance abuse services.
1049 (3) When an application states information regarding an
1050 applicant as described in paragraphs (2)(d)-(h), the applicant
1051 must:
1052 (a) Identify the court or administrative agency rendering
1053 the conviction, judgment, or order against the applicant or
1054 where there is pending litigation; and
1055 (b) Provide the docket number of the matter; the date of
1056 the conviction, judgment, or order; and the name of the
1057 governmental agency, if any, that brought the action resulting
1058 in the conviction, judgment, or order.
1059 (4) If the applicant is other than a natural person, or if
1060 any parent or affiliated entity is identified pursuant to
1061 paragraph (2)(i), the applicant must, for itself and for any
1062 such entity, identify its place of organization and:
1063 (a) In the case of a partnership, provide a copy of any
1064 written partnership agreement; or
1065 (b) In the case of a corporation, provide a copy of its
1066 articles of incorporation and bylaws.
1067 (5) The applicant must submit a fee for licensing in the
1068 amount of $1,500. The fee must be deposited into the General
1069 Inspection Trust Fund. The department shall waive the initial
1070 license fee for an honorably discharged veteran of the United
1071 States Armed Forces, the spouse or surviving spouse of such a
1072 veteran, a current member of the United States Armed Forces who
1073 has served on active duty, the spouse of such a member, the
1074 surviving spouse of a member of the United States Armed Forces
1075 if such member died while serving on active duty, or a business
1076 entity that has a majority ownership held by such a veteran or
1077 spouse or surviving spouse if the department receives an
1078 application, in a format prescribed by the department. The
1079 application form must include the applicant’s signature, under
1080 penalty of perjury, and supporting documentation. To qualify for
1081 the waiver:
1082 (a) A veteran must provide to the department a copy of his
1083 or her DD Form 214, as issued by the United States Department of
1084 Defense, or another acceptable form of identification as
1085 specified by the Department of Veterans’ Affairs;
1086 (b) The spouse or surviving spouse of a veteran must
1087 provide to the department a copy of the veteran’s DD Form 214,
1088 as issued by the United States Department of Defense, or another
1089 acceptable form of identification as specified by the Department
1090 of Veterans’ Affairs, and a copy of a valid marriage license or
1091 certificate verifying that he or she was lawfully married to the
1092 veteran at the time of discharge; or
1093 (c) A business entity must provide to the department proof
1094 that a veteran or the spouse or surviving spouse of a veteran
1095 holds a majority ownership in the business, a copy of the
1096 veteran’s DD Form 214, as issued by the United States Department
1097 of Defense, or another acceptable form of identification as
1098 specified by the Department of Veterans’ Affairs, and, if
1099 applicable, a copy of a valid marriage license or certificate
1100 verifying that the spouse or surviving spouse of the veteran was
1101 lawfully married to the veteran at the time of discharge.
1102 (6) The department shall issue a license number to all
1103 substance abuse marketing service providers.
1104 (7) It is a violation of this part for a substance abuse
1105 marketing service provider to:
1106 (a) Fail to maintain a valid license.
1107 (b) Advertise that one is licensed as a substance abuse
1108 marketing service provider or represent that such licensing
1109 constitutes approval or endorsement by any government or
1110 governmental office or agency.
1111 (c) Provide inaccurate or incomplete information to the
1112 department when making a license application.
1113 (d) Misrepresent that a person is registered or that such a
1114 person has a valid license number.
1115 Section 18. Section 501.606, Florida Statutes, is amended
1116 to read:
1117 501.606 Disclosures required of commercial telephone
1118 sellers and entities providing substance abuse marketing service
1119 providers services.—
1120 (1) With respect to any person identified pursuant to s.
1121 501.605(2)(a), (2)(i), or (2)(l) or s. 501.6055(2)(a), (2)(i),
1122 or (2)(l) s. 501.605, an applicant for a license as a commercial
1123 telephone seller or as an entity providing substance abuse
1124 marketing service provider services must state in his or her
1125 application the identity of any affiliated commercial seller, or
1126 salesperson, or substance abuse marketing service provider who:
1127 (a) Has been convicted of, or is under indictment or
1128 information for, racketeering or any offense involving fraud,
1129 theft, embezzlement, fraudulent conversion, or misappropriation
1130 of property. Conviction includes a finding of guilt where
1131 adjudication has been withheld;
1132 (b) Is involved in pending litigation or has had entered
1133 against him or her an injunction, a temporary restraining order,
1134 or a final judgment or order, including a stipulated judgment or
1135 order, an assurance of voluntary compliance, or any similar
1136 document, in any civil or administrative action involving
1137 racketeering, fraud, theft, embezzlement, fraudulent conversion,
1138 or misappropriation of property or the use of any untrue,
1139 deceptive, or misleading representation or the use of any
1140 unfair, unlawful, or deceptive trade practice;
1141 (c) Is, or ever has been, subject to any litigation,
1142 injunction, temporary restraining order, or final judgment or
1143 order, including a stipulated judgment or order, an assurance of
1144 voluntary compliance, or any similar document or any restrictive
1145 court order relating to a business activity as the result of any
1146 action brought by a governmental agency, including any action
1147 affecting any license to do business or practice an occupation
1148 or trade;
1149 (d) Has at any time during the previous 7 years filed for
1150 bankruptcy, been adjudged bankrupt, or been reorganized because
1151 of insolvency; or
1152 (e) Has been a principal, director, officer, or trustee of,
1153 or a general or limited partner in, or had responsibilities as a
1154 manager in, any corporation, partnership, joint venture, or
1155 other entity that filed for bankruptcy, was adjudged bankrupt,
1156 or was reorganized because of insolvency within 1 year after the
1157 person held that position. The disclosures required in paragraph
1158 (d) are shall be applicable insofar as they relate to the
1159 commercial telephone seller or substance abuse marketing service
1160 provider applicant, as well as any affiliated commercial seller,
1161 affiliate or salesperson, or substance abuse marketing service
1162 provider.
1163 (2)(a) For any person described in subsection (1), the
1164 applicant must:
1165 1. Identify the court or administrative agency rendering
1166 the conviction, judgment, or order against the person or pending
1167 litigation.
1168 2. Provide the docket number of the matter, the date of the
1169 conviction, judgment, or order, and the name of the governmental
1170 agency, if any, that brought the action resulting in the
1171 conviction, judgment, or order.
1172 (b) For any person described in paragraph (1)(e), the
1173 applicant must provide the name and address of the person filing
1174 for bankruptcy, adjudged bankrupt, or reorganized because of
1175 insolvency, the date of the action, the court which exercised
1176 jurisdiction, and the docket number of the matter.
1177 (3) Each commercial telephone seller and substance abuse
1178 marketing service provider shall disclose to the department the
1179 name, address, and account number of each institution where
1180 banking or similar monetary transactions are done by the
1181 commercial telephone seller or substance abuse marketing service
1182 provider.
1183 Section 19. Subsections (3) and (4) of section 501.608,
1184 Florida Statutes, are amended to read:
1185 501.608 License or affidavit of exemption; occupational
1186 license.—
1187 (3) Failure to obtain or display a license or a receipt of
1188 filing of an affidavit of exemption is sufficient grounds for
1189 the department to issue an immediate cease and desist order,
1190 which shall act as an immediate final order under s.
1191 120.569(2)(n). The order must shall remain in effect until the
1192 commercial telephone seller, the entity providing substance
1193 abuse marketing service provider services, or a person claiming
1194 to be exempt shows the authorities that he or she is properly
1195 licensed or exempt. The department may order the business to
1196 cease operations and shall order the phones to be shut off.
1197 Failure of a salesperson to display a license or a receipt of
1198 filing of an affidavit of exemption may result in the
1199 salesperson being summarily ordered by the department to leave
1200 the office until he or she can produce a license or a receipt of
1201 filing of an affidavit of exemption for the department.
1202 (4) Any person applying for or renewing a local
1203 occupational license to engage in business as a commercial
1204 telephone seller or as an entity providing substance abuse
1205 marketing service provider services must exhibit an active
1206 license or a copy of the affidavit of exemption before the local
1207 occupational license may be issued or reissued.
1208 Section 20. Subsection (3) of section 501.609, Florida
1209 Statutes, is amended to read:
1210 501.609 License renewal.—
1211 (3) If any change is made to any script, outline,
1212 presentation, sales information, or literature used by a
1213 licensee in connection with any solicitation or any services
1214 provided by a substance abuse marketing service provider, the
1215 new or revised material must be submitted by the licensee to the
1216 department within 10 days after of the change.
1217 Section 21. Subsection (1) of section 501.612, Florida
1218 Statutes, is amended to read:
1219 501.612 Grounds for departmental action against licensure
1220 applicants or licensees.—
1221 (1) The department may enter an order directing that one or
1222 more of the actions set forth in subsection (2) be taken if the
1223 department finds that a commercial telephone seller, or
1224 salesperson, or an entity providing substance abuse marketing
1225 service provider services, or any person applying for licensure
1226 as a commercial telephone seller, or salesperson, or an entity
1227 providing substance abuse marketing service provider services,
1228 including, but not limited to, owners, operators, officers,
1229 directors, partners, or other individuals engaged in the
1230 management activities of a business entity:
1231 (a) Has, regardless of adjudication, been convicted or
1232 found guilty of, or has entered a plea of guilty or a plea of
1233 nolo contendere to, racketeering or any offense involving fraud,
1234 theft, embezzlement, fraudulent conversion, or misappropriation
1235 of property, or any other crime involving moral turpitude;
1236 (b) Has, regardless of adjudication, been convicted or
1237 found guilty of, or has entered a plea of guilty or a plea of
1238 nolo contendere to, any felony;
1239 (c) Has had entered against him or her or any business for
1240 which he or she has worked or been affiliated, an injunction, a
1241 temporary restraining order, or a final judgment or order,
1242 including a stipulated judgment or order, an assurance of
1243 voluntary compliance, or any similar document, in any civil or
1244 administrative action involving racketeering, fraud, theft,
1245 embezzlement, fraudulent conversion, or misappropriation of
1246 property or the use of any untrue or misleading representation
1247 in an attempt to sell or dispose of real or personal property or
1248 the use of any unfair, unlawful, or deceptive trade practice;
1249 (d) Is subject to or has worked or been affiliated with any
1250 company which is, or ever has been, subject to any injunction,
1251 temporary restraining order, or final judgment or order,
1252 including a stipulated judgment or order, an assurance of
1253 voluntary compliance, or any similar document, or any
1254 restrictive court order relating to a business activity as the
1255 result of any action brought by a governmental agency, including
1256 any action affecting any license to do business or practice an
1257 occupation or trade;
1258 (e) Has at any time during the previous 7 years filed for
1259 bankruptcy, been adjudged bankrupt, or been reorganized because
1260 of insolvency;
1261 (f) Has been a principal, director, officer, or trustee of,
1262 or a general or limited partner in, or had responsibilities as a
1263 manager in, any corporation, partnership, joint venture, or
1264 other entity that filed the bankruptcy, was adjudged bankrupt,
1265 or was reorganized because of insolvency within 1 year after the
1266 person held that position;
1267 (g) Has been previously convicted of or found to have been
1268 acting as a salesperson, or commercial telephone seller, or an
1269 entity providing substance abuse marketing service provider
1270 services without a license or whose licensure has previously
1271 been refused, revoked, or suspended in any jurisdiction;
1272 (h) Falsifies or willfully omits any material information
1273 asked for in any application, document, or record required to be
1274 submitted or retained under this part;
1275 (i) Makes a material false statement in response to any
1276 request or investigation by the department or the state
1277 attorney;
1278 (j) Refuses or fails, after notice, to produce any document
1279 or record or disclose any information required to be produced or
1280 disclosed under this part or the rules of the department;
1281 (k) Is not of good moral character; or
1282 (l) Otherwise violates or is operating in violation of any
1283 of the provisions of this part or of the rules adopted or orders
1284 issued thereunder.
1285 Section 22. Subsections (4) and (5) of section 501.616,
1286 Florida Statutes, are amended to read:
1287 501.616 Unlawful acts and practices.—
1288 (4) A commercial telephone seller, or salesperson, or
1289 substance abuse marketing service provider must be licensed.
1290 (5) A salesperson, or commercial telephone seller, or
1291 substance abuse marketing service provider may not otherwise
1292 violate this part.
1293 Section 23. Section 501.618, Florida Statutes, is amended
1294 to read:
1295 501.618 General civil remedies.—
1296 (1) The department may bring:
1297 (a)(1) An action to obtain a declaratory judgment that an
1298 act or practice violates the provisions of this part.
1299 (b)(2) An action to enjoin a person who has violated, is
1300 violating, or is otherwise likely to violate the provisions of
1301 this part.
1302 (c)(3) An action on behalf of one or more purchasers for
1303 the actual damages caused by an act or practice performed in
1304 violation of the provisions of this part. Such an action may
1305 include, but is not limited to, an action to recover against a
1306 bond, letter of credit, or certificate of deposit as otherwise
1307 provided in this part.
1308 (2) Upon motion of the enforcing authority in any action
1309 brought under this section, the court may make appropriate
1310 orders, including appointment of a general or special magistrate
1311 or receiver or sequestration of assets, to reimburse consumers
1312 found to have been damaged, to carry out a consumer transaction
1313 in accordance with the consumer’s reasonable expectations, or to
1314 grant other appropriate relief. The court may assess the
1315 expenses of a general or special magistrate or receiver against
1316 a commercial telephone seller or an entity providing substance
1317 abuse marketing service provider services. Any injunctive order,
1318 whether temporary or permanent, issued by the court is shall be
1319 effective throughout this the state unless otherwise provided in
1320 the order.
1321 Section 24. Section 502.012, Florida Statutes, is amended
1322 to read:
1323 502.012 Definitions.—As used in this chapter, the term:
1324 (1) “Bulk milk hauler/sampler” means a person who collects
1325 official samples and transports raw milk from a farm or raw milk
1326 products to or from a milk plant, receiving station, or transfer
1327 station and is permitted to sample the milk products by any
1328 state regulatory agency charged in implementing the United
1329 States Food and Drug Administration’s Grade “A” program.
1330 (2) “Bulk milk pickup tanker” means a vehicle, including
1331 the truck and tank, and those appurtenances necessary for its
1332 use necessary attachments, which is used by a milk hauler to
1333 transport bulk raw milk for pasteurization, ultra
1334 pasteurization, aseptic processing and packaging, or retort
1335 processing after packaging from a dairy farm to a milk plant,
1336 receiving station, or transfer station.
1337 (3)(2) “Dairy farm” means any place or premises where one
1338 or more lactating animals, including cows, goats, sheep, water
1339 buffalo, or other hooved mammals, or camels, are kept for
1340 milking purposes, and from which a part or all of the milk is
1341 provided, sold, or offered for sale.
1342 (4)(3) “Department” means the Department of Agriculture and
1343 Consumer Services.
1344 (5)(4) “Frozen dessert” means a specific standardized
1345 frozen dessert described in 21 C.F.R. part 135, excluding part
1346 135.160 and any other food defined by rule of the department
1347 that resembles such standardized frozen dessert but does not
1348 conform to the specific description of such standardized frozen
1349 dessert in 21 C.F.R. part 135. The term includes, but is not
1350 limited to, a quiescently frozen confection, a quiescently
1351 frozen dairy confection, a frozen dietary dairy dessert, and a
1352 frozen dietary dessert.
1353 (5) “Frozen desserts manufacturer” means a person who
1354 manufactures, processes, converts, partially freezes, or freezes
1355 any mix or frozen dessert for distribution or sale.
1356 (6) “Frozen desserts plant” means any place that
1357 pasteurizes dairy products or receives raw milk for the purpose
1358 of manufacturing or processing frozen desserts location or
1359 premises at which frozen desserts or mix are manufactured,
1360 processed, or frozen for distribution or sale at wholesale.
1361 (7) “Frozen desserts retail establishment” means any
1362 location or premises, including a retail store, stand, hotel,
1363 boardinghouse, restaurant, vehicle, or mobile unit, at which
1364 frozen desserts are frozen, partially frozen, or dispensed for
1365 sale at retail.
1366 (8) “Frozen dietary dairy dessert” or “frozen dietary
1367 dessert” means a food for any special dietary use, prepared by
1368 freezing, with or without agitation, and composed of a
1369 pasteurized mix that may contain fat, protein, carbohydrates,
1370 natural or artificial sweeteners, flavoring, stabilizers,
1371 emulsifiers, vitamins, and minerals.
1372 (9) “Grade ‘A’ pasteurized milk ordinance” means the
1373 document entitled “Grade ‘A’ Pasteurized Milk Ordinance, United
1374 States Department of Health and Human Services, Public Health
1375 Service, Food and Drug Administration,” including all associated
1376 appendices, as adopted by department rule.
1377 (8)(10) “Imitation milk and imitation milk products” means
1378 those foods that have the physical characteristics, such as
1379 taste, flavor, body, texture, or appearance, of milk or milk
1380 products as defined in this chapter and the Grade “A”
1381 pasteurized milk ordinance but do not come within the definition
1382 of “milk” or “milk products” and are nutritionally inferior to
1383 the product imitated.
1384 (9)(11) “Milk” means the lacteal secretion, practically
1385 free from colostrum, obtained by the complete milking of one or
1386 more healthy cows, goats, sheep, water buffalo, or other hooved
1387 mammals or camels.
1388 (10)(12) “Milk distributor” means any person who offers for
1389 sale or sells to another person any milk or milk product.
1390 (15)(13) “Milk products” means products made with milk that
1391 is processed in some manner, including being whipped, acidified,
1392 cultured, concentrated, lactose-reduced, or sodium-reduced or
1393 aseptically processed, or having the addition or subtraction of
1394 milkfat, the addition of safe and suitable microbial organisms,
1395 or the addition of safe and suitable optional ingredients for
1396 protein, vitamin, or mineral fortification. The term does “milk
1397 products” do not include products such as evaporated milk,
1398 condensed milk, eggnog in a rigid metal container, dietary
1399 products, infant formula, or ice cream and other desserts.
1400 (18)(14) “Milkfat” or “butterfat” means the fat contained
1401 in milk.
1402 (11)(15) “Milk hauler” means any person who transports raw
1403 milk or raw milk products to or from a milk plant, receiving
1404 station, or transfer station.
1405 (12)(16) “Milk plant” means any place, premises, or
1406 establishment where milk or milk products are collected,
1407 handled, processed, stored, pasteurized, ultra-pasteurized,
1408 aseptically processed and packaged, retort processed after
1409 packaging, condensed, dried, packaged, bottled, or prepared for
1410 distribution.
1411 (13)(17) “Milk plant operator” means any person responsible
1412 for receiving, processing, pasteurizing, or packaging milk and
1413 milk products, or performing any other related operation.
1414 (14)(18) “Milk producer” means any person who operates a
1415 dairy farm and provides, sells, or offers for sale milk to a
1416 milk plant, receiving station, or transfer station.
1417 (16)(19) “Milk tank truck” means either a bulk milk pickup
1418 tanker or a milk transport tank.
1419 (17)(20) “Milk transport tank” means a vehicle, including
1420 the truck and tank, used by a bulk milk hauler/sampler or a milk
1421 hauler to transport bulk shipments of milk from a milk plant,
1422 receiving station, or transfer station to another milk plant,
1423 receiving station, or transfer station.
1424 (21) “Quiescently frozen confection” means a clean and
1425 wholesome frozen, sweetened, flavored product that, while being
1426 frozen, was not stirred or agitated (generally known as
1427 quiescent freezing). The confection may be acidulated with food
1428 grade acid, may contain milk solids or water, or may be made
1429 with or without added harmless pure or imitation flavoring and
1430 with or without harmless coloring. The finished product must not
1431 contain more than 0.5 percent by weight of stabilizer composed
1432 of wholesome, edible material and must not contain less than 17
1433 percent by weight of total food solids. In the production of the
1434 confection, processing or mixing before quiescent freezing that
1435 develops in the finished confection mix any physical expansion
1436 in excess of 10 percent may not be used.
1437 (22) “Quiescently frozen dairy confection” means a clean
1438 and wholesome frozen product made from water, milk products, and
1439 sugar, with added harmless pure or imitation flavoring, with or
1440 without added harmless coloring, with or without added
1441 stabilizer, or with or without added emulsifier, that, while
1442 being frozen, was not stirred or agitated (generally known as
1443 quiescent freezing). The confection must not contain less than
1444 13 percent by weight of total milk solids, less than 33 percent
1445 by weight of total food solids, more than 0.5 percent by weight
1446 of stabilizer, or more than 0.2 percent by weight of emulsifier.
1447 Stabilizer and emulsifier must be composed of wholesome, edible
1448 material. In the production of a quiescently frozen dairy
1449 confection, processing or mixing before quiescently freezing
1450 that develops in the finished confection mix any physical
1451 expansion in excess of 10 percent may not be used.
1452 (19)(23) “Raw milk” means unpasteurized unprocessed milk.
1453 (20)(24) “Receiving station” means any place, premises, or
1454 establishment where raw milk is received, collected, handled,
1455 stored, or cooled and is prepared for further transporting.
1456 (21) “Reconstituted milk or milk products” or “recombined
1457 milk or milk products” means milk or milk products that result
1458 from reconstituting or recombining milk constituents with
1459 potable water.
1460 (22) “Retail” means the sale of goods to the public for use
1461 or consumption rather than for resale.
1462 (23)(25) “Substitute milk and substitute milk products”
1463 means those foods that have the physical characteristics, such
1464 as taste, flavor, body, texture, or appearance, of milk or milk
1465 products as defined in this chapter and the Grade “A”
1466 pasteurized milk ordinance but do not come within the definition
1467 of “milk” or “milk products” and are nutritionally equivalent to
1468 the product for which they are substitutes.
1469 (24)(26) “Transfer station” means any place, premises, or
1470 establishment where milk or milk products are transferred
1471 directly from one milk tank truck to another.
1472 (25) “Ultra-pasteurization” means thermally processing a
1473 milk or milk product at or above 280 degrees Fahrenheit for at
1474 least 2 seconds, before or after packaging, so as to produce a
1475 milk or milk product that has an extended shelf life under
1476 refrigerated conditions.
1477 (26)(27) “Washing station” means any place, premises, or
1478 establishment where milk tank trucks are cleaned and sanitized.
1479 (27) “Wholesale” means the selling of goods in quantity to
1480 be retailed by others.
1481 Section 25. Paragraph (d) of subsection (1) of section
1482 502.013, Florida Statutes, is amended to read:
1483 502.013 Purpose; intent.—
1484 (1) PURPOSE.—The purpose of this chapter is to:
1485 (d) Ensure the normal flow of fresh wholesome milk and milk
1486 products from the farmer to the consumer by uniform regulation
1487 of the shelf life of milk and milk products in this state.
1488 Section 26. Paragraph (a) of subsection (2) of section
1489 502.014, Florida Statutes, is amended to read:
1490 502.014 Powers and duties.—
1491 (2)(a) The department shall permit, conduct onsite
1492 inspections of, and collect samples for testing from all
1493 facilities engaged in the production, processing, holding, or
1494 transfer of milk and milk products dairy farms, milk plants, and
1495 frozen dessert plants and collect test samples of milk, milk
1496 products, and frozen desserts as required by this chapter.
1497 Section 27. Section 502.042, Florida Statutes, is amended
1498 to read:
1499 502.042 Labeling of shelf life.—To ensure consumers full
1500 disclosure of the date beyond which milk or milk products may no
1501 longer be offered for sale, all dairy processors must shall
1502 establish, and legibly label as prescribed by rule of the
1503 department, the maximum shelf-life period during which milk and
1504 milk products may be offered for sale. For purposes of this
1505 requirement, the term to “legibly label” means to label the
1506 package or container with conspicuous and easily readable
1507 boldfaced print or type in distinct contrast to the background,
1508 by color. The department shall periodically conduct shelf-life
1509 studies to review the keeping quality of milk and milk products
1510 and shall sample periodically the products of the dairy
1511 processors to determine if the shelf-life dating used by the
1512 processors complies with the minimum standards of quality.
1513 Section 28. Paragraphs (a) and (b) of subsection (1),
1514 paragraph (d) of subsection (3), and paragraph (c) of subsection
1515 (4) of section 502.053, Florida Statutes, are amended to read:
1516 502.053 Permits and fees; requirements; exemptions;
1517 temporary permits.—
1518 (1) PERMITS.—
1519 (a) Each facility subject to this chapter operating Grade
1520 “A” milk plant, whether located in the state or outside the
1521 state, and each manufacturing milk plant, milk producer, milk
1522 hauler, milk hauling service, washing station operator, milk
1523 plant operator, milk distributor, single-service-container
1524 manufacturer, receiving station, and transfer station in this
1525 the state must shall apply to the department for a permit to
1526 operate. The application must shall be on forms developed by the
1527 department.
1528 (b) Each frozen dessert plant, whether located in the state
1529 or outside the state, that manufactures frozen desserts or other
1530 products defined in this chapter and offers these products
1531 wholesale for sale in this state must apply to the department
1532 for a permit to operate. The application must be submitted on a
1533 form forms prescribed by the department. All frozen dessert
1534 permits expire on June 30 of each year.
1535 (3) REQUIREMENTS.—
1536 (d) Each frozen dessert plant permitholder must report
1537 monthly, quarterly, semiannually, or annually, as required by
1538 the department, the number of gallons of frozen dessert or
1539 frozen dessert mix sold or manufactured by the permitholder in
1540 this state.
1541 (4) EXEMPTIONS.—
1542 (c) Frozen desserts retail establishments as defined in s.
1543 502.012 are exempt from this chapter.
1544 Section 29. Subsections (1) and (4) of section 502.181,
1545 Florida Statutes, are amended to read:
1546 502.181 Prohibited acts.—It is unlawful for any person in
1547 this state to:
1548 (1) Engage in the business of producing, hauling,
1549 transferring, receiving, processing, packaging, or distributing
1550 milk, milk products, or frozen desserts or operating a washing
1551 station, manufacturing single-service containers, or
1552 manufacturing imitation or substitute milk or milk products, or
1553 testing for milkfat content, without first obtaining a permit or
1554 license from the department.
1555 (4) Repasteurize milk.
1556 Section 30. Paragraph (b) of subsection (1) of section
1557 502.231, Florida Statutes, is amended to read:
1558 502.231 Penalty and injunction.—
1559 (1) The department may enter an order imposing one or more
1560 of the following penalties against any person who violates any
1561 provision of this chapter:
1562 (b) Imposition of an administrative fine:
1563 1. In the Class II category pursuant to s. 570.971 for each
1564 violation in the case of a frozen dessert licensee; or
1565 2. Ten percent of the license fee or $100, whichever is
1566 greater, for failure to report the information described in s.
1567 502.053(3)(d); or
1568 3. In the Class I category pursuant to s. 570.971 for each
1569 occurrence for any other violation.
1570
1571 When imposing a fine under this paragraph, the department must
1572 consider the degree and extent of harm caused by the violation,
1573 the cost of rectifying the damage, the benefit to the violator,
1574 whether the violation was committed willfully, and the
1575 violator’s compliance record.
1576 Section 31. Section 502.301, Florida Statutes, is repealed.
1577 Section 32. Subsection (10) is added to section 507.07,
1578 Florida Statutes, to read:
1579 507.07 Violations.—It is a violation of this chapter:
1580 (10) To place a shipper’s goods in a self-service storage
1581 unit or self-contained storage unit owned by anyone other than
1582 the mover unless those goods are stored in the name of the
1583 shipper and the shipper contracts directly with the owner of the
1584 self-service storage unit or self-contained storage unit.
1585 Section 33. Section 531.38, Florida Statutes, is amended to
1586 read:
1587 531.38 Systems of weights and measures.—The system of
1588 weights and measures in customary use in the United States and
1589 the metric system of weights and measures are jointly
1590 recognized, and either one or both of these systems shall be
1591 used for all commercial purposes in this state. The definitions
1592 of basic units of weight and measure, the tables of weight and
1593 measure, and weight and measure equivalents as published by the
1594 National Institute of Standards and Technology and National
1595 Conference on Weights and Measures are recognized and shall
1596 govern weighing and measuring equipment and transactions in this
1597 the state.
1598 Section 34. Section 531.40, Florida Statutes, is amended to
1599 read:
1600 531.40 Technical requirements for commercial devices.—The
1601 specifications, tolerances, and other technical requirements for
1602 commercial weighing and measuring devices, as determined by
1603 regulations adopted by the department, which regulations shall
1604 afford the greatest degree of protection to the public, must
1605 shall conform to those adopted by the National Institute of
1606 Standards and Technology and National Conference on Weights and
1607 Measures to the extent possible. The department, notwithstanding
1608 the provisions of chapter 120, may shall have the power to adopt
1609 by reference in a regulation or regulations adopted by it the
1610 specifications, tolerances, and technical requirements approved
1611 by the National Conference on Weights and Measures and published
1612 in Handbook 44 of the National Institute of Standards and
1613 Technology and National Conference on Weights and Measures. The
1614 department may, from time to time, adopt such regulations as may
1615 be necessary to conform the state standards to those of the
1616 National Institute of Standards and Technology, which may be
1617 adopted by reference to supplements to, or revisions of, the
1618 National Institute of Standards and Technology and National
1619 Conference on Weights and Measures, Handbook 44.
1620 Section 35. Subsection (13) of section 531.41, Florida
1621 Statutes, is amended to read:
1622 531.41 Powers and duties of the department.—The department
1623 shall:
1624 (13) Weigh, measure, or inspect packaged commodities kept
1625 or offered or exposed for sale, sold, or in the process of
1626 delivery, to determine whether they contain the amounts
1627 represented and whether they are kept or offered or exposed for
1628 sale in accordance with this chapter or the rules adopted
1629 pursuant thereto. In carrying out the provisions of this
1630 subsection, the department may employ recognized sampling
1631 procedures that are designated in the National Institute of
1632 Standards and Technology and National Conference on Weights and
1633 Measures Handbook 133, “Checking the Net Contents of Packaged
1634 Goods.”
1635
1636 The provisions of this chapter and rules adopted thereunder
1637 notwithstanding, scales routinely used by providers of weight
1638 control services shall not be considered commercial weights and
1639 measures when used to determine human weight or to compute
1640 charges or payments for services rendered by such providers on
1641 the basis of said weight, measure, or count.
1642 Section 36. Subsection (2) and paragraph (d) of subsection
1643 (3) of section 559.935, Florida Statutes, are amended to read:
1644 559.935 Exemptions.—
1645 (2) Sections 559.928, 559.929, 559.9295, 559.931, and
1646 559.932 do shall not apply to a seller:
1647 (a) Sellers of travel directly issuing airline tickets if
1648 the seller of travel has who have contracted with the Airlines
1649 Reporting Corporation for the most recent consecutive 3 years or
1650 more under the same ownership and control and if the seller of
1651 travel does, who do not offer any other prearranged travel or
1652 tourist-related services vacation certificates, and who annually
1653 certify their business activities under s. 559.9285(1)(a).
1654 (b) Sellers of travel offering vacation certificates who
1655 have contracted with the Airlines Reporting Corporation for the
1656 most recent consecutive 5 years or more under the same ownership
1657 and control and who annually certify their business activities
1658 under s. 559.9285(1)(a). This exemption does not apply to
1659 sellers of travel certifying their business activities under s.
1660 559.9285(1)(b) or (c).
1661 (3) Sections 559.928, 559.929, 559.9295, 559.931, and
1662 559.932 also do not apply to a seller of travel that is an
1663 affiliate of an entity exempt pursuant to subsection (2) subject
1664 to the following conditions:
1665 (d) This subsection does not apply to:
1666 1. An affiliate that independently qualifies for another
1667 exemption under this section.
1668 2. An affiliate that sells, or offers for sale, any
1669 prearranged travel or tourist-related services other than
1670 directly issuing airline tickets vacation certificates.
1671 3. An affiliate that certifies its business activities
1672 under s. 559.9285(1)(b) or (c).
1673 Section 37. Section 570.161, Florida Statutes, is created
1674 to read:
1675 570.161 E-mail address of record.—
1676 (1) The department may require an applicant or a licensee
1677 to submit an active e-mail address, which has the same meaning
1678 as electronic mail address as defined in s. 668.602, for the
1679 purposes of receiving official communications and notices
1680 required by law from the department. The applicant or licensee
1681 must notify the department of any change to his or her e-mail
1682 address.
1683 (2) Except as required by s. 120.60, service by e-mail or
1684 regular mail constitutes adequate and sufficient notice from the
1685 department for official communications and notices required by
1686 law.
1687 (3) Notwithstanding any other provision of law, when an
1688 official communication or notice required by law is served
1689 through one of the methods provided in subsection (2) and the
1690 department receives notification that the attempt at service
1691 failed, the department may achieve service by publishing a
1692 notice to the recipient on the department’s website or in the
1693 Florida Administrative Register.
1694 Section 38. Present subsections (7) through (42) of section
1695 576.011, Florida Statutes, are redesignated as subsections (8)
1696 through (43), respectively, a new subsection (7) is added to
1697 that section, and present subsection (34) is amended, to read:
1698 576.011 Definitions.—When used in this chapter, the term:
1699 (7) “Controlled release fertilizer” means a slow release
1700 fertilizer engineered to provide nutrients over time at a
1701 predictable rate under specified conditions.
1702 (35)(34) “Slow or controlled release fertilizer” means a
1703 fertilizer in a form that releases, or converts to a plant
1704 available form, plant nutrients at a slower rate relative to an
1705 appropriate reference soluble product containing a plant
1706 nutrient in a form which delays its availability for plant
1707 uptake and use after application, or which extends its
1708 availability to the plant significantly longer than a reference
1709 “rapidly available nutrient fertilizer,” such as ammonium
1710 nitrate or urea, ammonium phosphate, or potassium chloride.
1711 Section 39. Subsection (8) of section 576.045, Florida
1712 Statutes, is amended to read:
1713 576.045 Nitrogen and phosphorus; findings and intent; fees;
1714 purpose; best management practices; waiver of liability;
1715 compliance; rules; exclusions; expiration.—
1716 (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3),
1717 (4), and (6) expire on December 31, 2032 2022. Subsections (5)
1718 and (7) expire on December 31, 2027.
1719 Section 40. Section 576.071, Florida Statutes, is amended
1720 to read:
1721 576.071 Commercial value.—The department shall adopt rules
1722 to determine the commercial value used in assessing deficient
1723 fertilizer penalties The commercial value used in assessing
1724 penalties for any deficiency shall be determined by surveying
1725 the fertilizer industry in the state using annualized plant
1726 nutrient values contained in one or more generally recognized
1727 journals.
1728 Section 41. Present subsections (9) through (24) of section
1729 580.031, Florida Statutes, are redesignated as subsections (10)
1730 through (25), respectively, and a new subsection (9) is added to
1731 that section, to read:
1732 580.031 Definitions of words and terms.—As used in this
1733 chapter, the term:
1734 (9) “Dosage form animal product” means a feedstuff that
1735 includes any product intended to affect the structure or
1736 function of the animal’s body other than by providing nutrition
1737 to the animal. The term includes oils, tinctures, capsules,
1738 tablets, liquids, and chewables. The term does not include a
1739 drug, a mineral or vitamin supplement, a product represented as
1740 a primary meal for the intended animal species, any other
1741 product intended as a treat, or a dental product providing
1742 mechanical or abrasive action or both.
1743
1744 Except as provided by law or rule, all terms used in connection
1745 with commercial feed or feedstuff have the meanings ascribed to
1746 them by the Association of American Feed Control Officials.
1747 Section 42. Subsection (1) of section 580.051, Florida
1748 Statutes, is amended to read:
1749 580.051 Labels; requirements; penalty.—
1750 (1) Any commercial feed or feedstuff distributed in this
1751 state, except a customer-formula feed and feed distributed
1752 through an integrated poultry operation or by a cooperative to
1753 its members, must shall be accompanied by a legible label
1754 bearing all information required by the federal Food and Drug
1755 Administration and the following information:
1756 (a) An accurate statement of the net weight.
1757 (b) The name and principal address of the registrant.
1758 (c) The brand name and product name, if any, under which
1759 the commercial feed is distributed. The word “medicated” must
1760 shall be incorporated as part of the brand or product name if
1761 the commercial feed contains a drug.
1762 1. The department may require feeding directions and
1763 precautionary statements to be placed on the label for the safe
1764 and effective use of medicated and other feed as deemed
1765 necessary.
1766 2. Labels on medicated feed must shall include all of the
1767 following:
1768 a. Any feeding directions prescribed by the department to
1769 ensure safe usage.
1770 b. The stated purpose of the medication contained in the
1771 feed as stated in the claim statement.
1772 c. The established name of each active drug ingredient.
1773 d. The level of each drug used in the final mixture
1774 expressed in metric units as well as the required avoirdupois.
1775 (d) The date of manufacture or expiration date of
1776 commercial feed sold at retail as the department may by rule
1777 require.
1778 (e) The guaranteed analysis stated in terms that advise the
1779 consumer of the composition of the feed or feedstuff or support
1780 claims made in the labeling. In all cases, the elements or
1781 compounds listed in the analysis must be determinable by
1782 laboratory methods approved by the department.
1783 1. The guaranteed analysis, listing the minimum percentage
1784 of crude protein, minimum percentage of crude fat, and maximum
1785 percentage of crude fiber and, when more than 10 percent mineral
1786 ingredients are present, the minimum or maximum percentages of
1787 mineral elements or compounds as provided by rule.
1788 2. Vitamin ingredients, when guaranteed, must shall be
1789 shown in amounts and terms provided by rule. For mineral feed,
1790 the list must shall include the following: maximum or minimum
1791 percentages of calcium (Ca), phosphorus (P), salt (NaCl), iron
1792 (Fe), copper (Cu), cobalt (Co), magnesium (Mg), manganese (Mn),
1793 potassium (K), selenium (Se), zinc (Zn), and fluorine (F) if
1794 ingredients used as sources of any of these constituents are
1795 declared. All mixtures that contain mineral or vitamin
1796 ingredients generally regarded as dietary factors essential for
1797 the normal nutrition of animals and that are sold or represented
1798 for the primary purpose of supplying these minerals or vitamins
1799 as additions to rations in which these same mineral or vitamin
1800 factors may be deficient must shall be classified as mineral or
1801 vitamin supplements. Products sold solely as mineral or vitamin
1802 supplements and guaranteed as specified in this section need not
1803 show guarantees for protein, fat, and fiber.
1804 3. Other nutritional substances or elements determinable by
1805 laboratory methods may be guaranteed by permission of, or must
1806 shall be guaranteed at the request of, the department as may be
1807 provided by rule.
1808 4. Products sold solely as a dosage form animal product and
1809 guaranteed as specified in this section need not show a
1810 guaranteed analysis.
1811 (f) The common or usual name of each ingredient used in the
1812 manufacture of the commercial feed; however, for all commercial
1813 feed except horse feed, the department by rule may permit the
1814 use of collective terms for a group of ingredients which perform
1815 a similar nutritional function.
1816 (g) A label on a dosage form animal product must comply
1817 with paragraphs (a)-(d) and (f) and include all of the
1818 following:
1819 1. The amount of each active ingredient per serving.
1820 2. The stated purpose of the product in supporting the
1821 structure or function of the animal.
1822 3. Precautionary statements and warnings required to ensure
1823 the safe and effective use of the dosage form animal product.
1824 4. Recommended dosage by animal weight.
1825 5. The statement “Not for human consumption.”
1826 Section 43. Subsections (3), (6), (7), (11), (12), and (13)
1827 of section 581.217, Florida Statutes, are amended to read:
1828 581.217 State hemp program.—
1829 (3) DEFINITIONS.—As used in this section, the term:
1830 (a) “Certifying agency” has the same meaning as in s.
1831 578.011(8).
1832 (b) “Contaminants unsafe for human consumption” includes,
1833 but is not limited to, any microbe, fungus, yeast, mildew,
1834 herbicide, pesticide, fungicide, residual solvent, metal, or
1835 other contaminant found in any amount originating from hemp,
1836 hemp extract, or a device intended to deliver hemp or hemp
1837 extract, whether by ingestion or inhalation, which that exceeds
1838 any of the accepted limitations as determined by rules adopted
1839 by the Department of Health in accordance with s. 381.986, or
1840 other limitation pursuant to the laws of this state, whichever
1841 amount is less.
1842 (b)(c) “Cultivate” means planting, watering, growing, or
1843 harvesting hemp.
1844 (c) “Device” means an apparatus that may be used to inhale
1845 hemp or hemp extract.
1846 (d) “Hemp” means the plant Cannabis sativa L. and any part
1847 of that plant, including the seeds thereof, and all derivatives,
1848 extracts, cannabinoids, isomers, acids, salts, and salts of
1849 isomers thereof, whether growing or not, which that has a total
1850 delta-9-tetrahydrocannabinol concentration that does not exceed
1851 0.3 percent on a dry-weight basis.
1852 (e) “Hemp extract” means a substance or compound intended
1853 for ingestion, containing more than trace amounts of
1854 cannabinoids that do not exceed 0.3 percent total delta-9
1855 tetrahydrocannabinol on a wet weight basis cannabinoid, or for
1856 inhalation, whether by device or other means, which is derived
1857 from or contains hemp, and which does not contain other
1858 controlled substances. The term includes snuff, chewing gum, and
1859 smokeless products derived from or containing hemp, but does not
1860 include cannabinoids that have been synthesized synthetic CBD or
1861 seeds or seed-derived ingredients that are generally recognized
1862 as safe by the United States Food and Drug Administration.
1863 (f) “Independent testing laboratory” means a laboratory
1864 that:
1865 1. Does not have a direct or indirect interest in the
1866 entity whose product is being tested;
1867 2. Does not have a direct or indirect interest in a
1868 facility that cultivates, processes, distributes, dispenses, or
1869 sells hemp or hemp extract in the state or in another
1870 jurisdiction or cultivates, processes, distributes, dispenses,
1871 or sells marijuana, as defined in s. 381.986; and
1872 3. Is accredited by a third-party accrediting body as a
1873 competent testing laboratory pursuant to ISO/IEC 17025 of the
1874 International Organization for Standardization.
1875 (6) HEMP SEED.—A licensee may only use hemp seeds and
1876 cultivars certified by a certifying agency or a university
1877 conducting an industrial hemp pilot project pursuant to s.
1878 1004.4473.
1879 (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.—
1880 (a) Hemp extract may only be distributed and sold in this
1881 the state if the product:
1882 1. Has a certificate of analysis prepared by an independent
1883 testing laboratory that states:
1884 a. The hemp extract is the product of a batch tested by the
1885 independent testing laboratory;
1886 b. The batch contained a total delta-9-tetrahydrocannabinol
1887 concentration that did not exceed 0.3 percent pursuant to the
1888 testing of a random sample of the batch; and
1889 c. The batch does not contain contaminants unsafe for human
1890 consumption;.
1891 d. The batch was processed in a facility holding a current
1892 and valid permit issued by a human health or food safety
1893 regulatory entity having authority over the facility; and
1894 e. The batch was processed in a facility meeting the human
1895 health or food safety sanitization requirements for the
1896 inspecting jurisdiction. A facility must demonstrate that it has
1897 met such requirements by verifying compliance through a report
1898 issued by an inspecting jurisdiction having authority over human
1899 health or food safety sanitization.
1900 2. Is distributed or sold in a container that includes:
1901 a. A scannable barcode or quick response code linked to the
1902 certificate of analysis of the hemp extract batch by an
1903 independent testing laboratory;
1904 b. The batch number;
1905 c. The Internet address of a website where batch
1906 information may be obtained;
1907 d. The expiration date; and
1908 e. The number of milligrams of each marketed cannabinoid
1909 per serving.
1910 3. Is distributed or sold in a container that is:
1911 a. Suitable to contain products for human consumption; and
1912 b. Made from materials designed to minimize exposure to
1913 light.
1914 (b) A hemp extract product intended for human ingestion or
1915 inhalation distributed or sold in this state is subject to the
1916 requirements of in violation of this section shall be considered
1917 adulterated or misbranded pursuant to chapter 500, chapter 502,
1918 or chapter 580, whichever is applicable.
1919 (c) A hemp extract product products that are intended for
1920 ingestion or inhalation and contain hemp extract may not be sold
1921 in this state to a person who is under 21 years of age.
1922 (d) A hemp extract product may only be distributed or sold
1923 in this state to a food establishment permitted in accordance
1924 with chapter 500 or chapter 502, except that an individual may
1925 purchase a hemp extract product for his or her personal
1926 consumption.
1927 (e) A hemp extract product must be maintained at a
1928 temperature that will avoid degradation of any cannabinoids.
1929 (10)(11) ENFORCEMENT.—
1930 (a) The department shall enforce this section.
1931 (b) Every state attorney, sheriff, police officer, and
1932 other appropriate county or municipal officer shall enforce, or
1933 assist any agent of the department in enforcing, this section
1934 and rules adopted by the department.
1935 (c) The department, or its agent, is authorized to enter
1936 any public or private premises during regular business hours in
1937 the performance of its duties relating to hemp cultivation.
1938 (d) The department shall conduct random inspections, at
1939 least annually, of each licensee to ensure that only certified
1940 hemp seeds are being used and that hemp is being cultivated in
1941 compliance with this section.
1942 (11)(12) RULES.—The department shall adopt rules necessary
1943 By August 1, 2019, the department, in consultation with the
1944 Department of Health and the Department of Business and
1945 Professional Regulation, shall initiate rulemaking to administer
1946 the state hemp program. The rules must provide, at a minimum,
1947 for:
1948 (a) A procedure that uses post-decarboxylation or other
1949 similarly reliable methods for testing the delta-9
1950 tetrahydrocannabinol concentration of cultivated hemp.
1951 (b) A procedure for the effective disposal of plants,
1952 whether growing or not, that are cultivated in violation of this
1953 section or department rules, and products derived from those
1954 plants.
1955 (12)(13) APPLICABILITY.—Notwithstanding any other law:
1956 (a) This section does not authorize a licensee to violate
1957 any federal or state law or regulation.
1958 (b) This section does not apply to a pilot project
1959 developed in accordance with 7 U.S.C. 5940 and s. 1004.4473.
1960 (c) A licensee who negligently violates this section or
1961 department rules is not subject to any criminal or civil
1962 enforcement action by the state or a local government other than
1963 the enforcement of violations of this section as authorized
1964 under subsection (9) (10).
1965 Section 44. Subsection (4) of section 586.045, Florida
1966 Statutes, is amended to read:
1967 586.045 Certificates of registration and inspection.—
1968 (4) The department shall provide to each person subject to
1969 this section written notice and renewal forms 30 60 days before
1970 prior to the annual renewal date informing the person of the
1971 certificate of registration renewal date and the application
1972 fee.
1973 Section 45. Part I of chapter 593, Florida Statutes,
1974 consisting of ss. 593.101-593.117, Florida Statutes, is
1975 repealed.
1976 Section 46. Subsection (16) is added to section 595.404,
1977 Florida Statutes, to read:
1978 595.404 School food and other nutrition programs; powers
1979 and duties of the department.—The department has the following
1980 powers and duties:
1981 (16) To adopt and implement an exemption waiver process by
1982 rule, as required by federal regulations, for sponsors under the
1983 programs implemented pursuant to this chapter, notwithstanding
1984 ss. 120.542.
1985 Section 47. Subsection (5) of section 597.004, Florida
1986 Statutes, is amended to read:
1987 597.004 Aquaculture certificate of registration.—
1988 (5) CULTURE, POSSESSION, TRANSPORT, AND SALE OF AQUACULTURE
1989 PRODUCTS.—
1990 (a) Aquaculture products, except shellfish, snook, and any
1991 fish of the genus Micropterus, excluding Micropterus salmoides
1992 floridanus, and prohibited and conditional restricted freshwater
1993 and marine species as identified in nonnative aquatic species by
1994 rules of the Fish and Wildlife Conservation Commission, may be
1995 sold by an aquaculture producer certified pursuant to this
1996 section or by a dealer licensed pursuant to part VII of chapter
1997 379 without restriction so long as the product origin can be
1998 identified.
1999 (b) Except as provided in paragraph (a), the culture,
2000 possession, transport, and sale of aquaculture products is
2001 exempt from all Florida Fish and Wildlife Conservation
2002 Commission statutes and rules.
2003 (c) Aquaculture shellfish must be sold and handled in
2004 accordance with s. 597.020.
2005 Section 48. Subsection (2) of section 570.321, Florida
2006 Statutes, is amended to read:
2007 570.321 Plant Industry Trust Fund.—
2008 (2) Funds to be credited to and uses of the trust fund must
2009 shall be administered in accordance with ss. 581.031, 581.141,
2010 581.211, 581.212, 586.045, 586.15, and 586.16, 593.114, and
2011 593.117.
2012 Section 49. For the purpose of incorporating the amendment
2013 made by this act to section 500.03, Florida Statutes, in a
2014 reference thereto, paragraph (a) of subsection (4) of section
2015 373.016, Florida Statutes, is reenacted to read:
2016 373.016 Declaration of policy.—
2017 (4)(a) Because water constitutes a public resource
2018 benefiting the entire state, it is the policy of the Legislature
2019 that the waters in the state be managed on a state and regional
2020 basis. Consistent with this directive, the Legislature
2021 recognizes the need to allocate water throughout the state so as
2022 to meet all reasonable-beneficial uses. However, the Legislature
2023 acknowledges that such allocations have in the past adversely
2024 affected the water resources of certain areas in this state. To
2025 protect such water resources and to meet the current and future
2026 needs of those areas with abundant water, the Legislature
2027 directs the department and the water management districts to
2028 encourage the use of water from sources nearest the area of use
2029 or application whenever practicable. Such sources shall include
2030 all naturally occurring water sources and all alternative water
2031 sources, including, but not limited to, desalination,
2032 conservation, reuse of nonpotable reclaimed water and
2033 stormwater, and aquifer storage and recovery. Reuse of potable
2034 reclaimed water and stormwater shall not be subject to the
2035 evaluation described in s. 373.223(3)(a)-(g). However, this
2036 directive to encourage the use of water, whenever practicable,
2037 from sources nearest the area of use or application shall not
2038 apply to the transport and direct and indirect use of water
2039 within the area encompassed by the Central and Southern Florida
2040 Flood Control Project, nor shall it apply anywhere in the state
2041 to the transport and use of water supplied exclusively for
2042 bottled water as defined in s. 500.03(1)(d), nor shall it apply
2043 to the transport and use of reclaimed water for electrical power
2044 production by an electric utility as defined in s. 366.02(2).
2045 Section 50. For the purpose of incorporating the amendment
2046 made by this act to section 500.03, Florida Statutes, in a
2047 reference thereto, subsection (3) of section 373.223, Florida
2048 Statutes, is reenacted to read:
2049 373.223 Conditions for a permit.—
2050 (3) Except for the transport and use of water supplied by
2051 the Central and Southern Florida Flood Control Project, and
2052 anywhere in the state when the transport and use of water is
2053 supplied exclusively for bottled water as defined in s.
2054 500.03(1)(d), any water use permit applications pending as of
2055 April 1, 1998, with the Northwest Florida Water Management
2056 District and self-suppliers of water for which the proposed
2057 water source and area of use or application are located on
2058 contiguous private properties, when evaluating whether a
2059 potential transport and use of ground or surface water across
2060 county boundaries is consistent with the public interest,
2061 pursuant to paragraph (1)(c), the governing board or department
2062 shall consider:
2063 (a) The proximity of the proposed water source to the area
2064 of use or application.
2065 (b) All impoundments, streams, groundwater sources, or
2066 watercourses that are geographically closer to the area of use
2067 or application than the proposed source, and that are
2068 technically and economically feasible for the proposed transport
2069 and use.
2070 (c) All economically and technically feasible alternatives
2071 to the proposed source, including, but not limited to,
2072 desalination, conservation, reuse of nonpotable reclaimed water
2073 and stormwater, and aquifer storage and recovery.
2074 (d) The potential environmental impacts that may result
2075 from the transport and use of water from the proposed source,
2076 and the potential environmental impacts that may result from use
2077 of the other water sources identified in paragraphs (b) and (c).
2078 (e) Whether existing and reasonably anticipated sources of
2079 water and conservation efforts are adequate to supply water for
2080 existing legal uses and reasonably anticipated future needs of
2081 the water supply planning region in which the proposed water
2082 source is located.
2083 (f) Consultations with local governments affected by the
2084 proposed transport and use.
2085 (g) The value of the existing capital investment in water
2086 related infrastructure made by the applicant.
2087
2088 Where districtwide water supply assessments and regional water
2089 supply plans have been prepared pursuant to ss. 373.036 and
2090 373.709, the governing board or the department shall use the
2091 applicable plans and assessments as the basis for its
2092 consideration of the applicable factors in this subsection.
2093 Section 51. For the purpose of incorporating the amendment
2094 made by this act to section 500.03, Florida Statutes, in a
2095 reference thereto, paragraph (a) of subsection (2) of section
2096 373.701, Florida Statutes, is reenacted to read:
2097 373.701 Declaration of policy.—It is declared to be the
2098 policy of the Legislature:
2099 (2)(a) Because water constitutes a public resource
2100 benefiting the entire state, it is the policy of the Legislature
2101 that the waters in the state be managed on a state and regional
2102 basis. Consistent with this directive, the Legislature
2103 recognizes the need to allocate water throughout the state so as
2104 to meet all reasonable-beneficial uses. However, the Legislature
2105 acknowledges that such allocations have in the past adversely
2106 affected the water resources of certain areas in this state. To
2107 protect such water resources and to meet the current and future
2108 needs of those areas with abundant water, the Legislature
2109 directs the department and the water management districts to
2110 encourage the use of water from sources nearest the area of use
2111 or application whenever practicable. Such sources shall include
2112 all naturally occurring water sources and all alternative water
2113 sources, including, but not limited to, desalination,
2114 conservation, reuse of nonpotable reclaimed water and
2115 stormwater, and aquifer storage and recovery. Reuse of potable
2116 reclaimed water and stormwater shall not be subject to the
2117 evaluation described in s. 373.223(3)(a)-(g). However, this
2118 directive to encourage the use of water, whenever practicable,
2119 from sources nearest the area of use or application shall not
2120 apply to the transport and direct and indirect use of water
2121 within the area encompassed by the Central and Southern Florida
2122 Flood Control Project, nor shall it apply anywhere in the state
2123 to the transport and use of water supplied exclusively for
2124 bottled water as defined in s. 500.03(1)(d), nor shall it apply
2125 to the transport and use of reclaimed water for electrical power
2126 production by an electric utility as defined in s. 366.02(2).
2127 Section 52. For the purpose of incorporating the amendment
2128 made by this act to section 559.935, Florida Statutes, in a
2129 reference thereto, subsection (2) of section 559.927, Florida
2130 Statutes, is reenacted to read:
2131 559.927 Definitions.—For the purposes of this part, the
2132 term:
2133 (2) “Certifying party” means a seller of travel registering
2134 under s. 559.928 or a seller of travel who is exempt under s.
2135 559.935(2) or (3).
2136 Section 53. For the purpose of incorporating the amendment
2137 made by this act to section 559.935, Florida Statutes, in
2138 references thereto, subsections (1) and (2) of section 559.9335,
2139 Florida Statutes, are reenacted to read:
2140 559.9335 Violations.—It is a violation of this part for any
2141 seller of travel, independent agent, assignee, or other person:
2142 (1) To conduct business as a seller of travel without
2143 registering annually with the department unless exempt pursuant
2144 to s. 559.935.
2145 (2) To conduct business as a seller of travel without an
2146 annual purchase of a performance bond in the amount set by the
2147 department unless exempt pursuant to s. 559.935.
2148 Section 54. For the purpose of incorporating the amendment
2149 made by this act to section 559.935, Florida Statutes, in a
2150 reference thereto, paragraph (f) of subsection (1) of section
2151 559.9355, Florida Statutes, is reenacted to read:
2152 559.9355 Administrative remedies; penalties.—
2153 (1) The department may enter an order doing one or more of
2154 the following if the department finds that a person has violated
2155 or is operating in violation of this part or the rules or orders
2156 issued thereunder:
2157 (f) Canceling an exemption granted under s. 559.935.
2158 Section 55. Except as otherwise expressly provided in this
2159 act, this act shall take effect July 1, 2022.