Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1164
Ì169752>Î169752
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/13/2023 .
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The Appropriations Committee on Agriculture, Environment, and
General Government (Collins) recommended the following:
1 Senate Amendment (with title amendment)
2
3
4 Delete lines 121 - 345
5 and insert:
6 Section 1. Subsection (19) is added to section 212.08,
7 Florida Statutes, to read:
8 212.08 Sales, rental, use, consumption, distribution, and
9 storage tax; specified exemptions.—The sale at retail, the
10 rental, the use, the consumption, the distribution, and the
11 storage to be used or consumed in this state of the following
12 are hereby specifically exempt from the tax imposed by this
13 chapter.
14 (19) FLORIDA FARM TEAM CARD.—
15 (a) Notwithstanding any other law, a farmer whose property
16 has been classified as agricultural pursuant to s. 193.461 or
17 who has implemented agricultural best management practices
18 adopted by the Department of Agriculture and Consumer Services
19 pursuant to s. 403.067(7)(c)2. may apply to the department for a
20 Florida farm tax exempt agricultural materials (TEAM) card to
21 claim the applicable sales tax exemptions provided in this
22 section. A farmer may present the Florida farm TEAM card to a
23 selling dealer in lieu of a certificate or affidavit otherwise
24 required by this chapter.
25 (b) The Florida farm TEAM card is subject to the review and
26 expiration provisions of s. 212.084. The department shall adopt
27 rules to administer this subsection. The Department of
28 Agriculture and Consumer Services may take all actions necessary
29 for the administration, issuance, and distribution of the
30 Florida farm TEAM cards to farmers registered with the
31 department.
32 (c) For items purchased tax exempt pursuant to this
33 subsection, proof of acceptance by a selling dealer of a Florida
34 farm TEAM card from a purchaser relieves the selling dealer of
35 the responsibility of collecting the tax on the sale of such
36 items, and the department shall look solely to the purchaser for
37 recovery of the tax if it determines that the purchaser was not
38 entitled to the exemption.
39 (d) The Department of Revenue shall accept Florida farm
40 TEAM card applications beginning on January 1, 2024.
41 Section 2. (1) The Department of Revenue may, and all
42 conditions are deemed met to, adopt emergency rules pursuant to
43 s. 120.54(4), Florida Statutes, for the purpose of implementing
44 s. 212.08(19), Florida Statutes.
45 (2) Notwithstanding any other law, emergency rules adopted
46 pursuant to this section are effective for 6 months after
47 adoption and may be renewed during the pendency of procedures to
48 adopt permanent rules addressing the subject of the emergency
49 rules.
50 Section 3. Subsection (24) is added to section 213.053,
51 Florida Statutes, to read:
52 213.053 Confidentiality and information sharing.—
53 (24) The department may make available to the Department of
54 Agriculture and Consumer Services, exclusively for official
55 purposes, information for the purposes of administering or
56 issuing the Florida farm TEAM card pursuant to s. 212.08(19).
57 Section 4. Section 287.0823, Florida Statutes, is created
58 to read:
59 287.0823 Preference to commodities grown or produced in
60 Florida.—
61 (1) By 2025 or upon expiration of any existing food service
62 contract, whichever is earlier, all food commodities purchased
63 by an agency, a state university, a Florida College System
64 institution, or any contracted food service provider thereof
65 must be grown or produced in this state when available,
66 practical, and feasible.
67 (2) Notwithstanding any other provision of this section,
68 and to the extent authorized by federal law, such state
69 agencies, state universities, Florida College System
70 institutions, and contracted food service providers thereof
71 shall give preference to food commodities grown or produced in
72 this state when purchasing food commodities, including farm
73 products as defined in s. 823.14, of any class, variety, or use
74 thereof in their natural state or as processed by a farm
75 operation or processor for the purpose of marketing such
76 product.
77 (3) A purchasing agreement, state term contract, or
78 contract for the purchase of food commodities required to be
79 awarded to the lowest responsive and responsible vendor may give
80 preference over other vendors to an otherwise qualified vendor
81 who agrees to fulfill the contract through the use of food
82 commodities grown or produced in this state over other vendors,
83 provided that the price included in the bid, proposal, or reply
84 for the food commodities grown or produced in this state is not
85 more than 10 percent greater than the price included in a bid,
86 proposal, or reply for food commodities grown or produced
87 outside of this state.
88 (4) By November 1, 2023, and each November 1 thereafter,
89 the department shall prepare and submit a report to the Governor
90 and Cabinet, the President of the Senate, and the Speaker of the
91 House of Representatives which describes the amount of food
92 commodities grown or produced in this state which were purchased
93 according to the requirements of this section. Any agency, state
94 university, Florida College System institution, or contracted
95 food service provider thereof that purchases food commodities
96 shall cooperate with the department to provide the information
97 required to prepare this report. The report must contain, at a
98 minimum, all of the following information:
99 (a) The total expenditures on, and the quantity purchased
100 of, food commodities by each agency, state university, and
101 Florida College System institution.
102 (b) The total expenditures on, and the quantity purchased
103 of, food commodities grown or produced in this state by each
104 agency, state university, and Florida College System
105 institution.
106 (c) The total expenditures of each agency, state
107 university, and Florida College System institution on food
108 commodities grown or produced outside of this state.
109 (d) A statement and an assessment of the good faith efforts
110 of, and any failures by, each state agency, state university, or
111 Florida College System institution, or any contracted food
112 service provider thereof, to comply with this section.
113 Section 5. Paragraphs (d), (i), (p), (q), (r), and (bb) of
114 subsection (1) and subsection (3) of section 500.03, Florida
115 Statutes, are amended to read:
116 500.03 Definitions; construction; applicability.—
117 (1) For the purpose of this chapter, the term:
118 (d) “Bottled water” means water intended for human
119 consumption and sealed in a bottle or other container with no
120 added ingredients, except that it may contain safe and suitable
121 antimicrobial agents a beverage, as described in 21 C.F.R. part
122 165 (2006), that is processed in compliance with 21 C.F.R. part
123 129 (2006).
124 (i) “Convenience store” means a business that is engaged
125 primarily in the retail sale of groceries or motor fuels or
126 special fuels and may offer food services to the public.
127 Businesses providing motor fuel or special fuel to the public
128 which also offer groceries or food service are included in the
129 definition of a convenience store.
130 (o)(p) “Food establishment” means a factory, food outlet,
131 or other facility manufacturing, processing, packing, holding,
132 storing, or preparing food or selling food at wholesale or
133 retail. The term does not include a business or activity that is
134 regulated under s. 413.051, s. 500.80, chapter 509, or chapter
135 601. The term includes tomato packinghouses and repackers but
136 does not include any other establishments that pack fruits and
137 vegetables in their raw or natural states, including those
138 fruits or vegetables that are washed, colored, or otherwise
139 treated in their unpeeled, natural form before they are
140 marketed.
141 (q) “Food outlet” means any grocery store; convenience
142 store; minor food outlet; meat, poultry, or fish and related
143 aquatic food market; fruit or vegetable market; food warehouse;
144 refrigerated storage facility; freezer locker; salvage food
145 facility; or any other similar place storing or offering food
146 for sale.
147 (r) “Food service establishment” means any place where food
148 is prepared and intended for individual portion service, and
149 includes the site at which individual portions are provided. The
150 term includes any such place regardless of whether consumption
151 is on or off the premises and regardless of whether there is a
152 charge for the food. The term includes delicatessens that offer
153 prepared food in individual service portions. The term does not
154 include schools, institutions, fraternal organizations, private
155 homes where food is prepared or served for individual family
156 consumption, retail food stores, the location of food vending
157 machines, cottage food operations, and supply vehicles, nor does
158 the term include a research and development test kitchen limited
159 to the use of employees and which is not open to the general
160 public.
161 (bb) “Retail food store” means any establishment or section
162 of an establishment where food and food products are offered to
163 the consumer and intended for off-premises consumption. The term
164 includes delicatessens that offer prepared food in bulk
165 quantities only. The term does not include establishments which
166 handle only prepackaged, nonpotentially hazardous foods;
167 roadside markets that offer only fresh fruits and fresh
168 vegetables for sale; food service establishments; or food and
169 beverage vending machines.
170 (3) For the purpose of this chapter, the selling of food
171 includes the manufacture, production, processing, packing,
172 exposure, offer, possession, and holding of any article of food
173 for sale; the sale, dispensing, and giving of any article of
174 food; and the supplying to or applying of food in the conduct of
175 any food establishment.
176 Section 6. Subsection (1) of section 500.032, Florida
177 Statutes, is amended to read:
178 500.032 Declaration of policy and cooperation among
179 departments.—
180 (1) The department shall administer and enforce is charged
181 with the administration and enforcement of this chapter in order
182 to prevent fraud, harm, adulteration, misbranding, or false
183 advertising in the preparation, manufacture, storage, or sale of
184 articles of food. The department shall It is further charged to
185 enforce the provisions of this chapter relating to the
186 production, manufacture, transportation, storage, and sale of
187 food, as well as articles entering into, and intended for use as
188 ingredients in the preparation of, food.
189 Section 7. Paragraphs (a), (b), and (e) of subsection (1),
190 subsection (2), paragraph (a) of subsection (5), and subsection
191 (8) of section 500.12, Florida Statutes, are amended to read:
192 500.12 Food permits; building permits.—
193 (1)(a) A food permit from the department is required of any
194 person who operates a food establishment or retail food store,
195 except:
196 1. Persons operating minor food outlets that sell food that
197 is commercially prepackaged, not potentially hazardous, and not
198 time or temperature controlled for safety, if the shelf space
199 for those items does not exceed 12 total linear feet and no
200 other food is sold by the minor food outlet.
201 2. Persons subject to continuous, onsite federal or state
202 inspection.
203 3. Persons selling only legumes in the shell, either
204 parched, roasted, or boiled.
205 4. Persons selling sugar cane or sorghum syrup that has
206 been boiled and bottled on a premise located within this the
207 state. Such bottles must contain a label listing the producer’s
208 name and street address, all added ingredients, the net weight
209 or volume of the product, and a statement that reads, “This
210 product has not been produced in a facility permitted by the
211 Florida Department of Agriculture and Consumer Services.”
212 (b) Each food establishment and retail food store regulated
213 under this chapter must apply for and receive a food permit
214 before operation begins. An application for a food permit from
215 the department must be accompanied by a fee in an amount
216 determined by department rule. The department shall adopt by
217 rule a schedule of fees to be paid by each food establishment
218 and retail food store as a condition of issuance or renewal of a
219 food permit. Such fees may not exceed $650 and must shall be
220 used solely for the recovery of costs for the services provided,
221 except that the fee accompanying an application for a food
222 permit for operating a bottled water plant may not exceed $1,000
223 and the fee accompanying an application for a food permit for
224 operating a packaged ice plant may not exceed $250. The fee for
225 operating a bottled water plant or a packaged ice plant must
226 shall be set by rule of the department. Food permits are not
227 transferable from one person or physical location to another.
228 Food permits must be renewed in accordance with subparagraphs
229 1., 2., and 3. annually on or before January 1. If an
230 application for renewal of a food permit is not received by the
231 department on or before within 30 days after its due date, a
232 late fee not exceeding $100 must be paid in addition to the food
233 permit fee before the department may issue the food permit. The
234 moneys collected must shall be deposited in the General
235 Inspection Trust Fund.
236 1. A food permit issued to a new food establishment on or
237 after September 1, 2023, is valid for 1 calendar year after the
238 date of issuance and must be renewed annually on or before that
239 date thereafter.
240 2. Effective January 1, 2024, a food permit issued before
241 September 1, 2023, expires on the month and day the initial
242 permit was issued to the food establishment and must be renewed
243 annually on or before that date thereafter. The department may
244 charge a prorated permit fee for purposes of this subparagraph.
245
246 ================= T I T L E A M E N D M E N T ================
247 And the title is amended as follows:
248 Delete lines 3 - 40
249 and insert:
250 Consumer Services; amending s. 212.08, F.S.;
251 authorizing farmers whose property meets certain
252 requirements to apply to the Department of Revenue for
253 a Florida farm tax exempt agricultural materials
254 (TEAM) card; providing the purpose of the Florida farm
255 TEAM card; providing that the Florida farm TEAM card
256 is subject to certain review and expiration
257 provisions; requiring the Department of Revenue to
258 adopt rules; authorizing the Department of Agriculture
259 and Consumer Services to take certain administrative
260 actions regarding the Florida farm TEAM card;
261 requiring the Department of Revenue to accept Florida
262 farm TEAM card applications beginning on a specified
263 date; authorizing the Department of Revenue to adopt
264 emergency rules; providing for the expiration of such
265 authority; amending s. 213.053, F.S.; authorizing the
266 Department of Revenue to make certain information
267 available to the Department of Agriculture and
268 Consumer Services for the purpose of administering the
269 Florida farm TEAM card; creating s. 287.0823, F.S.;
270 requiring by a specified date all food commodities
271 purchased by certain state entities to be grown or
272 produced in this state under certain circumstances;
273 requiring such state entities to give preference to
274 certain food commodities; authorizing certain
275 agreements or state contracts to give preference to
276 certain vendors; requiring the Department of
277 Management Services to provide an annual report to the
278 Governor, the Cabinet, and the Legislature by a
279 specified date; providing requirements for the report;
280 amending s. 500.03, F.S.; revising and deleting terms;
281 revising construction regarding the selling of food;
282 amending s. 500.032, F.S.; requiring the Department of
283 Agriculture and Consumer Services to administer and
284 enforce certain provisions relating to the storage of
285 food; amending s. 500.12, F.S.; revising the types of
286 entities required to obtain food permits from the
287 department; conforming provisions to changes made by
288 the act; requiring food permits to be annually renewed
289 in accordance with certain provisions ; authorizing
290 the department to charge a prorated permit fee for
291 specified purposes; requiring late