Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 700
Ì202232gÎ202232
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/09/2025 .
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The Committee on Fiscal Policy (Truenow) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (m) of subsection (2) of section
6 110.205, Florida Statutes, is amended to read:
7 110.205 Career service; exemptions.—
8 (2) EXEMPT POSITIONS.—The exempt positions that are not
9 covered by this part include the following:
10 (m) All assistant division director, deputy division
11 director, and bureau chief positions in any department, and
12 those positions determined by the department to have managerial
13 responsibilities comparable to such positions, which include,
14 but are not limited to:
15 1. Positions in The Department of Health and the Department
16 of Children and Families which are assigned primary duties of
17 serving as the superintendent or assistant superintendent of an
18 institution.
19 2. Positions in The Department of Corrections which are
20 assigned primary duties of serving as the warden, assistant
21 warden, colonel, or major of an institution or that are assigned
22 primary duties of serving as the circuit administrator or deputy
23 circuit administrator.
24 3. Positions in The Department of Transportation which are
25 assigned primary duties of serving as regional toll managers and
26 managers of offices, as specified in s. 20.23(3)(b) and (4)(c).
27 4. Positions in The Department of Environmental Protection
28 which are assigned the duty of an Environmental Administrator or
29 program administrator.
30 5. Positions in The Department of Health which are assigned
31 the duties of Environmental Administrator, Assistant County
32 Health Department Director, and County Health Department
33 Financial Administrator.
34 6. Positions in The Department of Highway Safety and Motor
35 Vehicles which are assigned primary duties of serving as
36 captains in the Florida Highway Patrol.
37 7. Positions in the Department of Agriculture and Consumer
38 Services which are assigned primary duties of serving as
39 captains or majors in the Office of Agricultural Law
40 Enforcement.
41
42 Unless otherwise fixed by law, the department shall set the
43 salary and benefits of the positions listed in this paragraph in
44 accordance with the rules established for the Selected Exempt
45 Service.
46 Section 2. Present paragraphs (a) through (d) of subsection
47 (2) of section 163.3162, Florida Statutes, are redesignated as
48 paragraphs (b) through (e), respectively, new paragraph (a) and
49 paragraphs (f) and (g) are added to that subsection, and
50 subsections (5), (6), and (7) are added to that section, to
51 read:
52 163.3162 Agricultural Lands and Practices.—
53 (2) DEFINITIONS.—As used in this section, the term:
54 (a) “Department” means the Department of Agriculture and
55 Consumer Services.
56 (f) “Housing site” means the totality of development
57 supporting authorized housing, including buildings, mobile
58 homes, barracks, dormitories used as living quarters, parking
59 areas, common areas such as athletic fields or playgrounds,
60 storage structures, and other related structures.
61 (g) “Legally verified agricultural worker” means a person
62 who:
63 1. Is lawfully present in the United States;
64 2. Meets the definition of eligible worker pursuant to 29
65 C.F.R. s. 502.10;
66 3. Has been verified through the process provided in s.
67 448.095(2) and is authorized to work at the time of employment;
68 4. Is seasonally or annually employed in bona fide
69 agricultural production;
70 5. Remains lawfully present and authorized to work
71 throughout the duration of that employment; and
72 6. Is not an unauthorized alien as defined in s.
73 448.095(1).
74 (5) HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS.—
75 (a) A governmental entity may not adopt or enforce any
76 legislation, regulation, or ordinance to inhibit the
77 construction or installation of housing for legally verified
78 agricultural workers on land classified as agricultural land
79 pursuant to s. 193.461 which is operated as a bona fide farm
80 except as provided in this subsection.
81 (b) Construction or installation of housing units for
82 legally verified agricultural workers on parcels of land
83 classified as agricultural land under s. 193.461 must satisfy
84 all of the following criteria:
85 1. The dwelling units must meet federal, state, and local
86 building standards, including standards of the Department of
87 Health adopted pursuant to ss. 381.008-381.00897 and federal
88 standards for H-2A visa housing. If a written notice of intent
89 is required to be submitted to the Department of Health pursuant
90 to s. 381.0083, the appropriate governmental entity with
91 jurisdiction over the agricultural lands may also require
92 submittal of a copy of the written notice.
93 2. The housing site must be maintained in a neat, orderly,
94 and safe manner.
95 3. All structures containing dwelling units must be located
96 a minimum of 10 feet apart.
97 4. The square footage of the housing site’s climate
98 controlled facilities may not exceed 1.5 percent of the
99 property’s area or 35,000 square feet, whichever is less.
100 5. A housing site must provide front, side, and rear yard
101 setbacks of at least 50 feet. However, an internal project
102 driveway may be located in the required yard space if the yard
103 is adjacent to a public roadway or to property that is under
104 common ownership with the housing site.
105 6. A housing site may not be located less than 100 feet
106 from a property line adjacent to property zoned for residential
107 use. If the housing site is located less than 250 feet from any
108 property line, screening must be provided between the housing
109 site and any residentially developed adjacent parcels that are
110 under different ownership. The screening may be designed in any
111 of the following ways:
112 a. Evergreen plants that, at the time of planting, are at
113 least 6 feet in height and provide an overall screening opacity
114 of 75 percent;
115 b. A masonry wall at least 6 feet in height and finished on
116 all sides with brick, stone, or painted or pigmented stucco;
117 c. A solid wood or PVC fence at least 6 feet in height with
118 the finished side of the fence facing out;
119 d. A row of evergreen shade trees that, at the time of
120 planting, are at least 10 feet in height, a minimum of 2-inch
121 caliper, and spaced no more than 20 feet apart; or
122 e. A berm made with a combination of the materials listed
123 in sub-subparagraphs a.-d., which is at least 6 feet in height
124 and provides an overall screening capacity of 75 percent at the
125 time of installation.
126 7. All access driveways that serve the housing site must be
127 made of packed shell, gravel, or a similar material that will
128 provide a relatively dust-free surface.
129 (c) Any local ordinance adopted pursuant to this subsection
130 must comply with all state and federal regulations for migrant
131 farmworker housing, as applicable, including rules adopted by
132 the Department of Health pursuant to ss. 381.008–381.00897 and
133 federal regulations under the Migrant and Seasonal Agricultural
134 Worker Protection Act or the H-2A visa program. A governmental
135 entity may adopt local government land use regulations that are
136 less restrictive than this subsection, but which still meet
137 regulations established by the Department of Health pursuant to
138 ss. 381.008–381.00897 and federal regulations under the Migrant
139 and Seasonal Agricultural Worker Protection Act or the H-2A visa
140 program. An ordinance adopted pursuant to this paragraph may not
141 conflict with the definition and requirements of a legally
142 verified agricultural worker.
143 (d) Beginning July 1, 2025, a property owner must maintain
144 records of all approved permits, including successor permits,
145 for migrant labor camps or residential migrant housing as
146 required under s. 381.0081. A property owner must maintain such
147 records for at least 3 years and make the records available for
148 inspection within 14 days after receipt of a request for records
149 by a governmental entity.
150 (e) A housing site may not continue to be used and may be
151 required to be removed under the following circumstances:
152 1. If, for any reason, a housing site is not being used for
153 legally verified agricultural workers for longer than 365 days,
154 any structure used as living quarters must be removed from the
155 housing site within 180 days after receipt of written
156 notification from the county unless the property owner can
157 demonstrate that use of the site for housing legally verified
158 agricultural workers will occur within 90 days after the written
159 notification.
160 2. If the property on which the housing site is located
161 ceases to be classified as agricultural land pursuant to s.
162 193.461.
163 3. If the permit authorized by the Department of Health for
164 the housing site is revoked, all structures must be removed from
165 the housing site within 180 days after receipt of written
166 notification from the county unless the permit is reinstated by
167 the Department of Health.
168 4. If a housing site is found to be occupied by any person
169 who does not meet the definition of a legally verified
170 agricultural worker, or is otherwise unlawfully present in the
171 United States. A property owner who violates this subparagraph
172 is subject to a Class I fine pursuant to s. 570.971, not to
173 exceed $1,000, for the first violation, and a Class II fine, not
174 to exceed $5,000, for any subsequent violations. The fines shall
175 be collected by the clerk of the court of the county in which
176 the violation occurred.
177 (f) Notwithstanding this subsection, the construction or
178 installation of housing for legally verified agricultural
179 workers in the Florida Keys Area of Critical State Concern and
180 the City of Key West Area of Critical State Concern is subject
181 to the permit allocation systems of the Florida Keys Area of
182 Critical State Concern and the City of Key West Area of Critical
183 State Concern, respectively.
184 (g) A housing site that was constructed and in use before
185 July 1, 2024, may continue to be used, and the property owner
186 may not be required by a governmental entity to make changes to
187 meet the requirements of this subsection, unless the housing
188 site will be enlarged, remodeled, renovated, or rehabilitated.
189 The property owner of a housing site authorized under this
190 paragraph must provide regular maintenance and repair, including
191 compliance with health and safety regulations and maintenance
192 standards, for such housing site to ensure the health, safety,
193 and habitability of the housing site.
194 (6) DATA COLLECTION.—The department shall adopt rules
195 providing for:
196 (a) A method for government entities to submit reports of
197 property owners who have a housing site for legally verified
198 agriculture workers on lands classified as agricultural land
199 pursuant to s. 193.461, as provided in this section.
200 (b) A method for persons to submit complaints for review
201 and investigation by the department.
202
203 Government entities shall provide this information quarterly to
204 the department in a format and timeframe prescribed by rule.
205 (7) ENFORCEMENT.—
206 (a) In addition to the enforcement methods of employment
207 verification outlined in s. 448.095, the department shall
208 enforce the requirements of subsection (5). Enforcement includes
209 completing routine inspections based on a random sample of data
210 collected by government entities and submitted to the
211 department, the investigation and review of complaints, and the
212 enforcement of violations.
213 (b) The department shall submit the information collected
214 to the State Board of Immigration Enforcement on a quarterly
215 basis, except that the first quarter shall begin 60 days after
216 the first quarterly data report under subsection (6) by a
217 government entity is received and reviewed by the department.
218 Section 3. Subsection (3) of section 201.25, Florida
219 Statutes, is amended to read:
220 201.25 Tax exemptions for certain loans.—There shall be
221 exempt from all taxes imposed by this chapter:
222 (3) Any loan made by the Agriculture and Aquaculture
223 Producers Emergency Natural Disaster Recovery Loan Program
224 pursuant to s. 570.822.
225 Section 4. Subsection (19) is added to section 253.0341,
226 Florida Statutes, to read:
227 253.0341 Surplus of state-owned lands.—
228 (19) Notwithstanding any other law or rule, the Department
229 of Agriculture and Consumer Services may surplus lands acquired
230 pursuant to s. 366.20 which are determined to be suitable for
231 bona fide agricultural production, as defined in s. 193.461. The
232 Department of Agriculture and Consumer Services shall consult
233 with the Department of Environmental Protection in the process
234 of making such determination. In the event that lands acquired
235 pursuant to s. 366.20, which are determined to be suitable for
236 bona fide agricultural production are surplused, the Department
237 of Agriculture and Consumer Services must retain a rural-lands
238 protection easements pursuant to s. 570.71(3), and all proceeds
239 must be deposited into the Incidental Trust Fund within the
240 Department of Agriculture and Consumer Services for less than
241 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
242 By January 1, 2026, and each January 1 thereafter, the
243 Department of Agriculture and Consumer Services shall provide a
244 report of lands surplused pursuant to this subsection to the
245 board.
246 (a) Any lands designated as a state forest, state park, or
247 wildlife management area are ineligible to be surplused pursuant
248 to this subsection.
249 (b) This subsection is retroactive to January 1, 2009.
250 Section 5. Present paragraphs (a) through (d) and (e) of
251 subsection (2) and subsection (6) of section 330.41, Florida
252 Statutes, are redesignated as paragraphs (b) through (e) and (j)
253 of subsection (2) and subsection (8), respectively, a new
254 paragraph (a) and paragraphs (f), (g), (h), and (i) are added to
255 subsection (2) and new subsection (6) and subsection (7) are
256 added to that section, and paragraph (d) of subsection (4) of
257 that section is amended, to read:
258 330.41 Unmanned Aircraft Systems Act.—
259 (2) DEFINITIONS.—As used in this act, the term:
260 (a) “Commercial property” means real property other than
261 residential property. The term includes, but is not limited to,
262 a property zoned multifamily residential which is comprised of
263 five or more dwelling units, and real property used for
264 commercial, industrial, or agricultural purposes.
265 (f) “Private property” means any residential or commercial
266 property.
267 (g) “Property owner” means the owner or owners of record of
268 real property. The term includes real property held in trust for
269 the benefit of one or more individuals, in which case the
270 individual or individuals may be considered as the property
271 owner or owners, provided that the trustee provides written
272 consent. The term does not include persons renting, using,
273 living, or otherwise occupying real property.
274 (h) “Residential property” means real property zoned as
275 residential or multifamily residential and composed of four or
276 fewer dwelling units.
277 (i) “Sport shooting and training range” has the same
278 meaning as in s. 790.333(3)(h).
279 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
280 (d) This subsection and paragraph (2)(b) paragraph (2)(a)
281 shall sunset 60 days after the date that a process pursuant to
282 s. 2209 of the FAA Extension, Safety and Security Act of 2016
283 becomes effective.
284 (6) PROTECTION OF AGRICULTURAL LANDS.—
285 (a) A person may not knowingly or willfully do any of the
286 following on lands classified as agricultural lands pursuant to
287 s. 193.461:
288 1. Operate a drone.
289 2. Allow a drone to make contact with any person or object
290 on the premises of or within the boundaries of such lands.
291 3. Allow a drone to come within a distance close enough to
292 such lands to interfere with or cause a disturbance to
293 agricultural production.
294 (b) A person who violates paragraph (a) commits a
295 misdemeanor of the second degree, punishable as provided in s.
296 775.082 or s. 775.083. A person who commits a second or
297 subsequent violation commits a misdemeanor of the first degree,
298 punishable as provided in s. 775.082 or s. 775.083.
299 (c) This subsection does not apply to actions identified in
300 paragraph (a) which are committed by:
301 1. The owner of the agricultural lands.
302 2. A person acting under the prior written consent of the
303 owner of the agricultural lands.
304 3. A person or entity acting in compliance with the
305 provisions of s. 934.50.
306 (7) PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING
307 LANDS.—
308 (a) A person may not knowingly or willfully allow a drone
309 to make contact with private property, state wildlife management
310 lands, or a sport shooting and training range or any person or
311 object on the premises of or within such property with the
312 intent to harass.
313 (b) A person who violates paragraph (a) commits a
314 misdemeanor of the second degree, punishable as provided in s.
315 775.082 or s. 775.083. A person who commits a second or
316 subsequent violation commits a misdemeanor of the first degree,
317 punishable as provided in s. 775.082 or s. 775.083.
318 (c) A person who violates paragraph (a) and records video
319 of the private property, state wildlife management lands, or
320 sport shooting and training range, including any person or
321 object on the premises of or within the private property, state
322 wildlife management lands, or sport shooting and training range,
323 commits a misdemeanor of the first degree, punishable as
324 provided in s. 775.082 or s. 775.083. A person who commits a
325 second or subsequent violation commits a felony of the third
326 degree, punishable as provided in s. 775.082, s. 775.083, or s.
327 775.084.
328 (d) This subsection does not apply to actions identified in
329 paragraph (a) which are committed by:
330 1. The property owner of the private property or sport
331 shooting and training range, or a person acting under the prior
332 written consent of the property owner.
333 2. A person or entity acting in compliance with the
334 provisions of s. 934.50.
335 Section 6. Effective July, 31 2026, section 366.20, Florida
336 Statutes, is created to read:
337 366.20 Sale and management of lands owned by electric
338 utilities.—
339 (1) Lands acquired by an electric utility, as defined in s.
340 366.02(4), on or after January 1, 2009, which have been
341 classified as agricultural lands pursuant to s. 193.461 at any
342 time in the 5 years preceding the acquisition of the land by the
343 electric utility must be offered for fee simple acquisition by
344 the Department of Agriculture and Consumer Services through the
345 process outlined in subsection (3) before offering for sale or
346 transferring the land to a private individual or entity.
347 (2) Lands owned by an electric utility, as defined in s.
348 366.02(4), on or after January 1, 2009, which were classified as
349 agricultural lands pursuant to s. 193.461 at any time in the 5
350 years preceding the date of acquisition of the land by the
351 electric utility must be offered for fee simple acquisition by
352 the department through the process outlined in subsection (3)
353 before offering for sale or transferring the land to a private
354 individual or entity.
355 (3)(a) Within 30 days before offering for sale or
356 transferring lands identified pursuant to subsection (1) or
357 subsection (2) to a private individual or entity, an electric
358 utility must issue a written intent to sell sent through
359 certified mail to the Commissioner of Agriculture.
360 (b) Within 30 days after the date of receipt by certified
361 mail of the written intent by an electric utility to sell or
362 transfer such land, the commissioner may issue a written intent
363 to purchase via certified mail to the electric utility that
364 issued the intent to sell. If the commissioner declines, or does
365 not issue an intent to purchase within the 30 day timeframe, the
366 electric utility is released from the requirements of this
367 section.
368 (4) Offers accepted by the department pursuant to paragraph
369 (3)(b) which are received no later than 6 months before the
370 start of the regular legislative session must be executed no
371 later than July 31 following that regular legislative session.
372 (5) The department shall adopt rules to implement this
373 section.
374 Section 7. Present subsections (3) and (4) of section
375 366.94, Florida Statutes, are redesignated as subsections (4)
376 and (5), respectively, a new subsection (3) is added to that
377 section, and subsection (2) of that section is amended, to read:
378 366.94 Electric vehicle charging.—
379 (2)(a) As used in this section, the term “electric vehicle
380 charging station” means the area in the immediate vicinity of
381 electric vehicle supply equipment and includes the electric
382 vehicle supply equipment, supporting equipment, and associated
383 parking spaces. The regulation of electric vehicle charging
384 stations is preempted to the state.
385 (b)(a) A local governmental entity may not enact or enforce
386 an ordinance or regulation related to electric vehicle charging
387 stations.
388 (3)(a)(b) The Department of Agriculture and Consumer
389 Services shall adopt rules to implement this subsection and to
390 provide requirements for electric vehicle charging stations to
391 allow for consistency for consumers and the industry.
392 (b) The department may adopt rules to protect the public
393 health, safety, and welfare and establish standards for the
394 placement, design, installation, maintenance, and operation of
395 electric vehicle charging stations.
396 (c) Local governmental entities shall issue permits for
397 electric vehicle charging stations based solely upon standards
398 established by department rule and other applicable provisions
399 of state law. The department shall prescribe by rule the time
400 period for approving or denying permit applications.
401 (d) Before a charger at an electric vehicle charging
402 station is placed into service for use by the public, the
403 charger must be registered with the department on a form
404 prescribed by department rule.
405 (e) The department shall have the authority to inspect
406 electric vehicle charging stations, conduct investigations, and
407 enforce this subsection and any rules adopted thereto. The
408 department may impose one or more of the following penalties
409 against a person who violates this subsection or any rule
410 adopted under this subsection:
411 1. Issuance of a warning letter.
412 2. Imposition of an administrative fine in the Class II
413 category pursuant to s. 570.971 for each violation.
414 (f) If the department determines that an electric vehicle
415 charging station or any associated equipment presents a threat
416 to the public health, safety, or welfare, the department may
417 issue an immediate final order prohibiting the use of the
418 electric vehicle charging station or any portion thereof.
419 (g) In addition to the remedies provided in this
420 subsection, and notwithstanding the existence of any adequate
421 remedy at law, the department may bring an action to enjoin a
422 violation of this subsection or rules adopted under this
423 subsection in the circuit court of the county in which the
424 violation occurs or is about to occur. Upon demonstration of
425 competent and substantial evidence by the department to the
426 court of the violation or threatened violation, the court shall
427 immediately issue the temporary or permanent injunction sought
428 by the department. The injunction must be issued without bond.
429 Section 8. Present subsections (10) and (11) of section
430 388.011, Florida Statutes, are redesignated as subsections (11)
431 and (12), respectively, a new subsection (10) is added to that
432 section, and subsections (2) and (5) of that section are
433 amended, to read:
434 388.011 Definitions.—As used in this chapter:
435 (2) “Board of commissioners” means the governing body of
436 any mosquito control program district, and may include boards of
437 county commissioners, city councils, municipalities, or other
438 similar governing bodies when context so indicates.
439 (5) “District” means any mosquito control special district
440 established in this state by law for the express purpose of
441 controlling arthropods within boundaries of such said districts.
442 (10) “Program” means any governmental jurisdiction that
443 conducts mosquito control, whether it be a special district,
444 county, or municipality.
445 Section 9. Section 388.021, Florida Statutes, is amended to
446 read:
447 388.021 Creation of mosquito control special districts.—
448 (1) The abatement or suppression of arthropods, whether
449 disease-bearing or merely pestiferous, within any or all
450 counties of this state is advisable and necessary for the
451 maintenance and betterment of the comfort, health, and welfare
452 of the people thereof and is found and declared to be for public
453 purposes. Areas where arthropods incubate, hatch, or occur in
454 significant numbers so as to constitute a public health,
455 welfare, or nuisance problem may be controlled or abated as
456 provided in this chapter or the rules promulgated hereunder.
457 Therefore, any municipality city, town, or county, or any
458 portion or portions thereof, whether such portion or portions
459 include incorporated territory or portions of two or more
460 counties in the state, may be created into a special taxing
461 district for the control of arthropods under the provisions of
462 this chapter.
463 (2) It is the legislative intent that those mosquito
464 control districts established prior to July 1, 1980, pursuant to
465 the petition process contained in former s. 388.031, may
466 continue to operate as outlined in this chapter. However, on and
467 after that date, no mosquito control districts may be created
468 except pursuant to s. 125.01.
469 Section 10. Section 388.181, Florida Statutes, is amended
470 to read:
471 388.181 Power to do all things necessary.—The respective
472 programs districts of the state are hereby fully authorized to
473 do and perform all things necessary to carry out the intent and
474 purposes of this law.
475 Section 11. Subsections (1), (2), (4), and (5) of section
476 388.201, Florida Statutes, are amended to read:
477 388.201 Program District budgets; hearing.—
478 (1) The fiscal year of programs districts operating under
479 the provisions of this chapter shall be the 12-month period
480 extending from October 1 of one year through September 30 of the
481 following year. The governing board of the programs district
482 shall before July 15 of each year complete the preparation of a
483 tentative detailed work plan budget covering its proposed
484 operations and requirements for arthropod control measures
485 during the ensuing fiscal year and, for the purpose of
486 determining eligibility for state aid, shall submit copies as
487 may be required to the department for review and approval. The
488 tentative detailed work plan budget must shall set forth,
489 classified by account number, title and program items, and by
490 fund from which to be paid, the proposed expenditures of the
491 program district for construction, for acquisition of land, and
492 other purposes, for the operation and maintenance of the
493 program’s district’s works, the conduct of the program district
494 generally, to which may be added an amount to be held as a
495 reserve.
496 (2) The tentative detailed work plan budget must shall also
497 show the estimated amount which will appear at the beginning of
498 the fiscal year as obligated upon commitments made but
499 uncompleted,. There shall be shown the estimated unobligated or
500 net balance which will be on hand at the beginning of the fiscal
501 year, and the estimated amount to be raised by county,
502 municipality, or district taxes and from any and all other
503 sources for meeting the program’s the district’s requirements.
504 (4) The governing board shall:
505 (a) Shall Consider objections filed against adoption of the
506 tentative detailed work plan budget and in its discretion may
507 amend, modify, or change such budget; and
508 (b) Shall By September 30, adopt and execute on a form
509 furnished by the department a certified budget for the programs
510 district which shall be the operating and fiscal guide for the
511 program district. Certified copies of this budget must shall be
512 submitted by September 30 to the department for approval.
513 (5) County commissioners’ mosquito and arthropod control
514 budgets or the budgets of a similar governing body of a county,
515 city, or town must shall be made and adopted as prescribed by
516 subsections (1) and (2); summary figures must shall be
517 incorporated into the county budgets as prescribed by the
518 Department of Financial Services.
519 Section 12. Section 388.241, Florida Statutes, is amended
520 to read:
521 388.241 Board of county commissioners vested with powers
522 and duties of board of commissioners in certain counties.—In
523 those counties or municipalities where there has been no
524 formation of a separate or special board of commissioners, all
525 the rights, powers, and duties of a board of commissioners as
526 conferred in this chapter shall be vested in the board of county
527 commissioners or similar governing body of said county or
528 municipality.
529 Section 13. Section 388.261, Florida Statutes, is amended
530 to read:
531 388.261 State aid to counties, municipalities, and
532 districts for arthropod control; distribution priorities and
533 limitations.—
534 (1) A county, municipality, or district may, without
535 contributing matching funds, receive state funds, supplies,
536 services, or equipment in an amount of no more than $75,000
537 $50,000 per year for up to 3 years for any new program for the
538 control of mosquitoes and other arthropods which serves an area
539 not previously served by the county, municipality, or district.
540 These funds may be expended for any and all types of control
541 measures approved by the department.
542 (2) Every county, municipality, or district budgeting local
543 funds to be used exclusively for the control of mosquitoes and
544 other arthropods, under a plan submitted by the county,
545 municipality, or district and approved by the department, is
546 eligible to receive state funds and supplies, services, and
547 equipment on a dollar-for-dollar matching basis to the amount of
548 local funds budgeted. If state funds appropriated by the
549 Legislature are insufficient to grant each county, municipality,
550 or district state funds on a dollar-for-dollar matching basis to
551 the amount budgeted in local funds, the department must shall
552 distribute the funds as prescribed by rule. Such rules must
553 shall provide for up to 80 percent of the funds to be
554 distributed to programs with local funds for mosquito control
555 budgets of less than $1 million, if the county, municipality, or
556 district meets the eligibility requirements. The funds must
557 shall be distributed as equally as possible within the category
558 of counties pursuant to this section. The remaining funds must
559 shall be distributed as prescribed by rule among the remaining
560 counties to support mosquito control and to support research,
561 education, and outreach.
562 (3) Every county shall be limited to receive a total of
563 $120,000 of state funds, exclusive of state funds brought
564 forward, during any one year.
565 (4) Up to 20 percent of the annual funds appropriated to
566 local governments for arthropod control may be used for
567 arthropod control research or demonstration projects as approved
568 by the department.
569 (5) If more than one program local mosquito control agency
570 exists in a county or municipality, the funds must shall be
571 prorated between the programs agencies based on the population
572 served by each program agency.
573 (6) The Commissioner of Agriculture may exempt counties,
574 municipalities, or districts from the requirements in subsection
575 (1), subsection (2), or subsection (3) when the department
576 determines state funds, supplies, services, or equipment are
577 necessary for the immediate control of mosquitoes and other
578 arthropods that pose a threat to human or animal health.
579 (7) The department may use state funds appropriated for a
580 county, municipality, or district under subsection (1) or
581 subsection (2) to provide state mosquito or other arthropod
582 control equipment, supplies, or services when requested by a
583 county, municipality, or district eligible to receive state
584 funds under s. 388.271.
585 (8) The department is authorized to use up to 5 percent of
586 the funds appropriated annually by the Legislature under this
587 section to provide technical assistance to the counties,
588 municipalities, or districts, or to purchase equipment,
589 supplies, or services necessary to administer the provisions of
590 this chapter.
591 Section 14. Subsections (1) and (2) of section 388.271,
592 Florida Statutes, are amended to read:
593 388.271 Prerequisites to participation.—
594 (1) When state funds are involved, it is the duty of the
595 department to guide, review, approve, and coordinate the
596 activities of all county and municipal governments and special
597 districts receiving state funds in furtherance of the goal of
598 integrated arthropod control. Each program county eligible to
599 participate may, and each district must, begin participation on
600 October 1 of any year by filing with the department not later
601 than July 15 a tentative integrated arthropod management plan
602 work plan and tentative detailed work plan budget providing for
603 the control of arthropods. Following approval of the plan and
604 budget by the department, a copy two copies of the program’s
605 county’s or district’s certified budget based on the approved
606 integrated arthropod management work plan and detailed work plan
607 budget must shall be submitted to the department by September 30
608 following. State funds, supplies, and services must shall be
609 made available to such program county or district by and through
610 the department immediately upon release of funds by the
611 Executive Office of the Governor.
612 (2) All purchases of supplies, materials, and equipment by
613 programs must counties or districts shall be made in accordance
614 with the laws governing purchases by boards of county
615 commissioners or similar governing bodies, except that programs
616 districts with special laws relative to competitive bidding
617 shall make purchases in accordance therewith.
618 Section 15. Subsections (1) and (3) of section 388.281,
619 Florida Statutes, are amended to read:
620 388.281 Use of state matching funds.—
621 (1) All funds, supplies, and services released to programs
622 counties and districts hereunder must shall be used in
623 accordance with the integrated arthropod management detailed
624 work plan and certified budget approved by both the department
625 and the board of commissioners or an appropriate representative
626 county or district. The integrated arthropod management plan and
627 budget may be amended at any time upon prior approval of the
628 department.
629 (3) In any program county or district where the arthropod
630 problem has been eliminated, or reduced to such an extent that
631 it does not constitute a health, comfort, or economic problem as
632 determined by the department, the maximum amount of state funds
633 available under this chapter shall be reduced to the amount
634 necessary to meet actual need.
635 Section 16. Subsections (1) and (2) of section 388.291,
636 Florida Statutes, are amended to read:
637 388.291 Source reduction measures; supervision by
638 department.—
639 (1) Any program county or district may perform source
640 reduction measures in conformity with good engineering practices
641 in any area, provided that the department cooperating with the
642 county, municipality, or district has approved the operating or
643 construction plan as outlined in the integrated arthropod
644 management plan and that it has been determined by criteria
645 contained in rule that the area or areas to be controlled would
646 produce arthropods in significant numbers to constitute a health
647 or nuisance problem.
648 (2) The program county or district shall manage the
649 detailed business affairs and supervise the said work, and the
650 department shall advise the programs districts as to the best
651 and most effective measures to be used in bringing about better
652 temporary control and the permanent elimination of breeding
653 conditions. The department may at its discretion discontinue any
654 state aid provided hereunder in the event it finds the jointly
655 agreed upon program is not being followed or is not efficiently
656 and effectively administered.
657 Section 17. Section 388.301, Florida Statutes, is amended
658 to read:
659 388.301 Payment of state funds; supplies and services.
660 State funds shall be payable quarterly, in accordance with the
661 rules of the department, upon requisition by the department to
662 the Chief Financial Officer. The department is authorized to
663 furnish insecticides, chemicals, materials, equipment, vehicles,
664 and personnel in lieu of state funds where mass purchasing may
665 save funds for the state, or where it would be more practical
666 and economical to use equipment, supplies, and services between
667 two or more programs counties or districts.
668 Section 18. Section 388.311, Florida Statutes, is amended
669 to read:
670 388.311 Carry over of state funds and local funds.—State
671 and local funds budgeted for the control of mosquitoes and other
672 arthropods shall be carried over at the end of the program’s
673 county or district’s fiscal year, and rebudgeted for such
674 control measures the following fiscal year.
675 Section 19. Section 388.321, Florida Statutes, is amended
676 to read:
677 388.321 Equipment to become property of a program the
678 county or district.—All equipment purchased under this chapter
679 with state funds made available directly to a program the county
680 or district shall become the property of the program county or
681 district unless otherwise provided, and may be traded in on
682 other equipment, or sold, when no longer needed by the program
683 county or district.
684 Section 20. Section 388.322, Florida Statutes, is amended
685 to read:
686 388.322 Record and inventory of certain property.—A record
687 and inventory of certain property purchased with state funds for
688 arthropod control use owned by the program must district shall
689 be maintained in accordance with s. 274.02.
690 Section 21. Section 388.323, Florida Statutes, is amended
691 to read:
692 388.323 Disposal of surplus property.—Surplus property
693 shall be disposed of according to the provisions set forth in s.
694 274.05 with the following exceptions:
695 (1) Serviceable equipment purchased using state funds for
696 arthropod control use no longer needed by a program must county
697 or district shall first be offered to any or all other programs
698 counties or districts engaged in arthropod control at a price
699 established by the board of commissioners owning the equipment.
700 (2) The alternative procedure for disposal of surplus
701 property, as prescribed in s. 274.06, must shall be followed if
702 it is determined that no other program county or district
703 engaged in arthropod control has need for the equipment.
704 (3) All proceeds from the sale of any real or tangible
705 personal property owned by the program and purchased using state
706 funds county or district shall be deposited in the program’s
707 county’s or district’s state fund account unless otherwise
708 specifically designated by the department.
709 Section 22. Section 388.341, Florida Statutes, is amended
710 to read:
711 388.341 Reports of expenditures and accomplishments.—Each
712 program receiving state aid county and district participating
713 under the provisions of this chapter shall within 30 days after
714 the end of each month submit to the department a monthly report
715 for the preceding month of expenditures from all funds for
716 arthropod control, and each program participating under this
717 chapter shall provide such reports of activities and
718 accomplishments as may be required by the department.
719 Section 23. Section 388.351, Florida Statutes, is amended
720 to read:
721 388.351 Transfer of equipment, personnel, and supplies
722 during an emergency.—The department, upon notifying a program
723 county or district and obtaining its approval, is authorized to
724 transfer equipment, materials, and personnel from one program
725 district to another in the event of an emergency brought about
726 by an arthropod-borne epidemic or other disaster requiring
727 emergency control.
728 Section 24. Subsection (7) of section 388.361, Florida
729 Statutes, is amended to read:
730 388.361 Department authority and rules; administration.—
731 (7) The department shall have the authority to collect,
732 detect, suppress, and control mosquitoes and other arthropods
733 that are determined by the State Health Officer to pose a threat
734 to public health, or determined by the Commissioner of
735 Agriculture to pose a threat to animal health, wherever they may
736 occur on public or private land in this state, and to do all
737 things necessary in the exercise of such authority. Prior to the
738 start of treatments for the control of mosquitoes or other
739 arthropods, the department shall consult with the mosquito
740 control programs districts in the proposed treatment areas, the
741 Department of Health, the Department of Environmental
742 Protection, and the Fish and Wildlife Conservation Commission
743 regarding the proposed locations, dates, and methods to be used.
744 Section 25. Subsections (2) and (3) of section 388.3711,
745 Florida Statutes, are amended to read:
746 388.3711 Enforcement.—
747 (2) The department may issue a written warning, impose a
748 fine; deny, suspend, or revoke any license or certification, or
749 the disbursal of state aid; or deny participation, in accordance
750 with the provisions of chapter 120, upon any one or more of the
751 following grounds as may be applicable:
752 (a) Violation of any rule of the department or provision of
753 this chapter.
754 (b) Violation of FIFRA or any relevant EPA rule or
755 regulation pertaining to the use of arthropod control pesticides
756 by the licensee.
757 (c) Failure to give the department, or any authorized
758 representative thereof, true information upon request regarding
759 methods and materials used, work performed, or other information
760 essential to the administration of this chapter.
761 (3) The department may, if it finds a violation is of such
762 nature or circumstances that imposition of a fine, or denial,
763 revocation, or suspension of a certification or license or
764 disbursal of state aid would be detrimental to the public or be
765 unnecessarily harsh under the circumstances, in its discretion,
766 place the offending party on probation for a period of not more
767 than 2 years. If the department determines that the terms of
768 such probation have been violated, it may reinstitute license or
769 certification or state aid denial, suspension, or revocation
770 proceedings.
771 Section 26. Section 388.381, Florida Statutes, is amended
772 to read:
773 388.381 Cooperation by programs counties and district.—Any
774 program conducting county or district carrying on an arthropod
775 control program may cooperate with another county, district, or
776 municipality in carrying out work a program for the control of
777 mosquitoes and other arthropods, by agreement as to the program
778 and reimbursement thereof, when approved by the department.
779 Section 27. Section 388.391, Florida Statutes, is amended
780 to read:
781 388.391 Control measures in municipalities and portions of
782 counties located outside boundaries of programs districts.—Any
783 program district whose operation is limited to a portion of the
784 county in which it is located may perform any control measures
785 authorized by this chapter in any municipality located in the
786 same county or in any portions of the same county, where there
787 is no established program district, when requested to do so by
788 the municipality or county, pursuant to s. 388.381.
789 Section 28. Section 388.401, Florida Statutes, is amended
790 to read:
791 388.401 Penalty for damage to property or operations.
792 Whoever shall willfully damages damage any of the property of
793 any program county or district created under this or other
794 chapters, or any works constructed, maintained, or controlled by
795 such program county or district, or who obstructs shall obstruct
796 or causes cause to be obstructed any of the operations of such
797 program county or district, or who shall knowingly or willfully
798 violates violate any provisions of this chapter or any rule or
799 regulation promulgated by any board of commissioners of any
800 program, commits county or district shall be guilty of a
801 misdemeanor of the second degree, punishable as provided in s.
802 775.082 or s. 775.083.
803 Section 29. Paragraph (a) of subsection (2) of section
804 388.46, Florida Statutes, is amended to read:
805 388.46 Florida Coordinating Council on Mosquito Control;
806 establishment; membership; organization; responsibilities.—
807 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
808 (a) Membership.—The Florida Coordinating Council on
809 Mosquito Control shall be composed comprised of the following
810 representatives or their authorized designees:
811 1. The Secretary of Environmental Protection.
812 2. The State Surgeon General.
813 3. The executive director of the Fish and Wildlife
814 Conservation Commission.
815 4. The state epidemiologist.
816 5. The Commissioner of Agriculture.
817 6. The Board of Trustees of the Internal Improvement Trust
818 Fund.
819 7. Representatives from:
820 a. The University of Florida, Institute of Food and
821 Agricultural Sciences, Florida Medical Entomological Research
822 Laboratory.
823 b. The United States Environmental Protection Agency.
824 c. The United States Department of Agriculture, Center of
825 Medical, Agricultural, and Veterinary Entomology Insects
826 Affecting Man Laboratory.
827 d. The United States Fish and Wildlife Service.
828 8. Four Two mosquito control directors to be nominated by
829 the Florida Mosquito Control Association, two representatives of
830 Florida environmental groups, and two private citizens who are
831 property owners whose lands are regularly subject to mosquito
832 control operations, to be appointed to 4-year terms by the
833 Commissioner of Agriculture and serve until his or her successor
834 is appointed.
835 Section 30. Paragraph (d) of subsection (7) of section
836 403.067, Florida Statutes, is amended to read:
837 403.067 Establishment and implementation of total maximum
838 daily loads.—
839 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
840 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
841 (d) Enforcement and verification of basin management action
842 plans and management strategies.—
843 1. Basin management action plans are enforceable pursuant
844 to this section and ss. 403.121, 403.141, and 403.161.
845 Management strategies, including best management practices and
846 water quality monitoring, are enforceable under this chapter.
847 2. No later than January 1, 2017:
848 a. The department, in consultation with the water
849 management districts and the Department of Agriculture and
850 Consumer Services, shall initiate rulemaking to adopt procedures
851 to verify implementation of water quality monitoring required in
852 lieu of implementation of best management practices or other
853 measures pursuant to sub-subparagraph (b)2.g.;
854 b. The department, in consultation with the water
855 management districts and the Department of Agriculture and
856 Consumer Services, shall initiate rulemaking to adopt procedures
857 to verify implementation of nonagricultural interim measures,
858 best management practices, or other measures adopted by rule
859 pursuant to subparagraph (c)1.; and
860 c. The Department of Agriculture and Consumer Services, in
861 consultation with the water management districts and the
862 department, shall initiate rulemaking to adopt procedures to
863 verify implementation of agricultural interim measures, best
864 management practices, or other measures adopted by rule pursuant
865 to subparagraph (c)2.
866
867 The rules required under this subparagraph shall include
868 enforcement procedures applicable to the landowner, discharger,
869 or other responsible person required to implement applicable
870 management strategies, including best management practices or
871 water quality monitoring as a result of noncompliance.
872 3. At least every 2 years, the Department of Agriculture
873 and Consumer Services shall perform onsite inspections of each
874 agricultural producer that enrolls in a best management
875 practice, except those enrolled by rule in subparagraph 4., to
876 ensure that such practice is being properly implemented. Such
877 verification must include a collection and review of the best
878 management practice documentation from the previous 2 years
879 required by rules adopted pursuant to subparagraph (c)2.,
880 including, but not limited to, nitrogen and phosphorus
881 fertilizer application records, which must be collected and
882 retained pursuant to subparagraphs (c)3., 4., and 6. The
883 Department of Agriculture and Consumer Services shall initially
884 prioritize the inspection of agricultural producers located in
885 the basin management action plans for Lake Okeechobee, the
886 Indian River Lagoon, the Caloosahatchee River and Estuary, and
887 Silver Springs.
888 4. The Department of Agriculture and Consumer Services is
889 authorized to adopt rules establishing an enrollment in best
890 management practices by rule process that agricultural pollutant
891 sources and agricultural producers may use in lieu of the best
892 management practices adopted in paragraph (c) and identify best
893 management practices for landowners of parcels which meet the
894 following requirements:
895 a. A parcel not more than 25 acres in size;
896 b. A parcel designated as agricultural land use by the
897 county in which it is located or the parcel is granted
898 agricultural tax classification by the county property appraiser
899 of the county in which it is located;
900 c. A parcel with water use not exceeding 100,000 gallons
901 per day on average unless the entire use is met using recycled
902 water from wet detention treatment ponds or reuse water;
903 d. A parcel where the agricultural activity on the parcel
904 is not a vegetable crop, an agronomic crop, a nursery, or a
905 dairy operation;
906 e. A parcel not abutting an impaired water body identified
907 in subsection (4); and
908 f. A parcel not part of a larger operation that is enrolled
909 in the Department of Agriculture and Consumer Services best
910 management practices or conducting water quality monitoring
911 prescribed by the department or a water management district.
912
913 Such requirements must specify design or performance criteria
914 that, if applied, would result in compliance with appropriate
915 water quality standards. The Department of Agriculture and
916 Consumer Services is authorized to adopt additional eligibility
917 criteria for landowners or producers to use enrollment by rule
918 and to revoke enrollment by rule.
919 5. The Department of Agriculture and Consumer Services
920 shall annually perform onsite inspections of 20 percent for all
921 enrollments that meet the qualifications pursuant to
922 subparagraph 4. by rule within basin management action plan
923 areas, to ensure that practices are being properly implemented.
924 Such inspections must include a collection and review of the
925 identified best management practice documentation from the
926 previous 2 years required by rules adopted pursuant to
927 subparagraph (c)2. All agricultural producers enrolled by rule
928 in a best management practice must annually submit nutrient
929 records, including nitrogen and phosphorus application records
930 for the previous calendar year, to the Department of Agriculture
931 and Consumer Services as required by rules adopted pursuant to
932 subparagraph (c)2. The Department of Agriculture and Consumer
933 Services shall collect and retain these nutrient records
934 pursuant to subparagraphs (c)3., 4., and 6.
935 Section 31. Subsection (19) is added to section 403.852,
936 Florida Statutes, to read:
937 403.852 Definitions; ss. 403.850-403.864.—As used in ss.
938 403.850-403.864:
939 (19) “Water quality additive” means any chemical, additive,
940 or substance that is used in a public water system for the
941 purpose of:
942 (a) Meeting or surpassing primary or secondary drinking
943 water standards;
944 (b) Preventing, reducing, or removing contaminants; or
945 (c) Improving water quality.
946 Section 32. Subsection (8) is added to section 403.859,
947 Florida Statutes, to read:
948 403.859 Prohibited acts.—The following acts and the causing
949 thereof are prohibited and are violations of this act:
950 (8) The use of any additive in a public water system which
951 does not meet the definition of a water quality additive as
952 defined in s. 403.852(19).
953 Section 33. Subsection (10) of section 482.111, Florida
954 Statutes, is amended to read:
955 482.111 Pest control operator’s certificate.—
956 (10) In order to renew a certificate, the certificateholder
957 must complete 2 hours of approved continuing education on
958 legislation, safety, pesticide labeling, and integrated pest
959 management and 2 hours of approved continuing education in each
960 category of her or his certificate or must pass an examination
961 that the department shall provide in person and remotely through
962 a third-party vendor. The third-party vendor may collect and
963 retain a convenience fee given by the department. The department
964 may not renew a certificate if the continuing education or
965 examination requirement is not met.
966 (a) Courses or programs, to be considered for credit, must
967 include one or more of the following topics:
968 1. The law and rules of this state pertaining to pest
969 control.
970 2. Precautions necessary to safeguard life, health, and
971 property in the conducting of pest control and the application
972 of pesticides.
973 3. Pests, their habits, recognition of the damage they
974 cause, and identification of them by accepted common name.
975 4. Current accepted industry practices in the conducting of
976 fumigation, termites and other wood-destroying organisms pest
977 control, lawn and ornamental pest control, and household pest
978 control.
979 5. How to read labels, a review of current state and
980 federal laws on labeling, and a review of changes in or
981 additions to labels used in pest control.
982 6. Integrated pest management.
983 (b) The certificateholder must submit with her or his
984 application for renewal a statement certifying that she or he
985 has completed the required number of hours of continuing
986 education. The statement must be on a form prescribed by the
987 department and must identify at least the date, location,
988 provider, and subject of the training and must provide such
989 other information as required by the department.
990 (c) The department shall charge the same fee for
991 examination as provided in s. 482.141(2).
992 Section 34. Subsection (1) of section 482.141, Florida
993 Statutes, is amended to read:
994 482.141 Examinations.—
995 (1) Each individual seeking certification must
996 satisfactorily pass an examination which must be written but
997 which may include practical demonstration. The department shall
998 provide in-person and remote testing through a third-party
999 vendor. A third-party vendor may collect and retain a
1000 convenience fee hold at least two examinations each year. An
1001 applicant may seek certification in one or more categories.
1002 Section 35. Paragraph (b) of subsection (1) of section
1003 482.155, Florida Statutes, is amended to read:
1004 482.155 Limited certification for governmental pesticide
1005 applicators or private applicators.—
1006 (1)
1007 (b) A person seeking limited certification under this
1008 subsection must pass an examination that the department shall
1009 provide in person and remotely through a third-party vendor. The
1010 third-party vendor may collect and retain a convenience fee
1011 given or approved by the department. Each application for
1012 examination must be accompanied by an examination fee set by the
1013 department, in an amount of not more than $150 or less than $50;
1014 and a recertification fee of $25 every 4 years. Until rules
1015 setting these fees are adopted by the department, the
1016 examination fee is $50. Application for recertification must be
1017 accompanied by proof of having completed 4 classroom hours of
1018 acceptable continuing education. The limited certificate expires
1019 4 years after the date of issuance. If the certificateholder
1020 fails to renew his or her certificate and provide proof of
1021 completion of the required continuing education units within 60
1022 days after the expiration date, the certificateholder may be
1023 recertified only after reexamination. The department shall make
1024 available provide the appropriate reference material and make
1025 the examination readily accessible and available to all
1026 applicants at least quarterly or as necessary in each county.
1027 Section 36. Subsection (2) of section 482.156, Florida
1028 Statutes, is amended to read:
1029 482.156 Limited certification for commercial landscape
1030 maintenance personnel.—
1031 (2)(a) A person seeking limited certification under this
1032 section must pass an examination that the department shall
1033 provide in person and remotely through a third-party vendor. The
1034 third-party vendor may collect and retain a convenience fee
1035 given by the department. Each application for examination must
1036 be accompanied by an examination fee set by rule of the
1037 department, in an amount of not more than $150 or less than $50.
1038 Before the department issues a limited certification under this
1039 section, each person applying for the certification must furnish
1040 proof of having a certificate of insurance which states that the
1041 employer meets the requirements for minimum financial
1042 responsibility for bodily injury and property damage required by
1043 s. 482.071(4).
1044 (b) The department shall make available provide the
1045 appropriate reference materials for the examination and provide
1046 in-person and remote testing through a third-party vendor. A
1047 third-party vendor may collect and retain a convenience fee make
1048 the examination readily accessible and available to applicants
1049 at least quarterly or as necessary in each county.
1050 Section 37. Subsection (2) of section 482.157, Florida
1051 Statutes, is amended to read:
1052 482.157 Limited certification for commercial wildlife
1053 management personnel.—
1054 (2) The department shall issue a limited certificate to an
1055 applicant who:
1056 (a) Submits an application and examination fee of at least
1057 $150, but not more than $300, as prescribed by the department by
1058 rule;
1059 (b) Passes an examination that the department shall provide
1060 in person and remotely through a third-party vendor. The third
1061 party vendor may collect and retain a convenience fee
1062 administered by the department. The department shall make
1063 available provide the appropriate study materials for the
1064 examination and make the examination readily available to
1065 applicants in each county as necessary, but not less frequently
1066 than quarterly; and
1067 (c) Provides proof, including a certificate of insurance,
1068 that the applicant has met the minimum bodily injury and
1069 property damage insurance requirements in s. 482.071(4).
1070 Section 38. Paragraph (m) is added to subsection (1) of
1071 section 482.161, Florida Statutes, to read:
1072 482.161 Disciplinary grounds and actions; reinstatement.—
1073 (1) The department may issue a written warning to or impose
1074 a fine against, or deny the application for licensure or
1075 licensure renewal of, a licensee, certified operator, limited
1076 certificateholder, identification cardholder, or special
1077 identification cardholder or any other person, or may suspend,
1078 revoke, or deny the issuance or renewal of any license,
1079 certificate, limited certificate, identification card, or
1080 special identification card that is within the scope of this
1081 chapter, in accordance with chapter 120, upon any of the
1082 following grounds:
1083 (m) Upon the issuance of a final order imposing civil
1084 penalties under subsection 14(a) of the Federal Insecticide,
1085 Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction
1086 under subsection 14(b) of FIFRA.
1087 Section 39. Subsection (2) of section 487.044, Florida
1088 Statutes, is amended to read:
1089 487.044 Certification; examination.—
1090 (2) The department shall require each applicant for a
1091 certified applicator’s license to demonstrate competence by a
1092 written or oral examination in which the applicant must
1093 demonstrate adequate knowledge concerning the proper use and
1094 application of restricted-use pesticides in each classification
1095 for which application for license is made. The department shall
1096 provide in-person and remote testing through a third-party
1097 vendor. A third-party vendor may collect and retain a
1098 convenience fee. The examination may be prepared, administered,
1099 and evaluated by the department. Each applicant for a certified
1100 applicator’s license must shall demonstrate minimum competence
1101 as to:
1102 (a) The proper use of the equipment.
1103 (b) The environmental hazards that may be involved in
1104 applying restricted-use pesticides.
1105 (c) Calculating the concentration of restricted-use
1106 pesticides to be used in particular circumstances.
1107 (d) Identification of common pests to be controlled and the
1108 damages caused by such pests.
1109 (e) Protective clothing and respiratory equipment required
1110 during the handling and application of restricted-use
1111 pesticides.
1112 (f) General precautions to be followed in the disposal of
1113 containers, as well as the cleaning and decontamination of the
1114 equipment which the applicant proposes to use.
1115 (g) Applicable state and federal pesticide laws, rules, and
1116 regulations.
1117 (h) General safety precautions.
1118 Section 40. Subsection (6) is added to section 487.175,
1119 Florida Statutes, to read:
1120 487.175 Penalties; administrative fine; injunction.—
1121 (6) Licensure may be suspended, revoked, or denied by the
1122 department, upon the issuance of a final order to a licensee
1123 imposing civil penalties under subsection 14(a) of the Federal
1124 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a
1125 criminal conviction under subsection 14(b) of FIFRA.
1126 Section 41. Present subsections (13) through (28) of
1127 section 496.404, Florida Statutes, are redesignated as
1128 subsections (15) through (30), respectively, and new subsections
1129 (13) and (14) are added to that section, to read:
1130 496.404 Definitions.—As used in ss. 496.401-496.424, the
1131 term:
1132 (13) “Foreign country of concern” has the same meaning as
1133 in s. 286.101(1)(b).
1134 (14) “Foreign source of concern” means any of the
1135 following:
1136 (a) The government or any official of the government of a
1137 foreign country of concern;
1138 (b) A political party or member of a political party or any
1139 subdivision of a political party in a foreign country of
1140 concern;
1141 (c) A partnership, an association, a corporation, an
1142 organization, or other combination of persons organized under
1143 the laws of or having its principal place of business in a
1144 foreign country of concern, or a subsidiary of such entity;
1145 (d) Any person who is domiciled in a foreign country of
1146 concern and is not a citizen or lawful permanent citizen of the
1147 United States;
1148 (e) An agent, including a subsidiary or an affiliate of a
1149 foreign legal entity, acting on behalf of a foreign source of
1150 concern; or
1151 (f) An entity in which a person, entity, or collection of
1152 persons or entities described in paragraphs (a)–(e) has a
1153 controlling interest. As used in this paragraph, the term
1154 “controlling interest” means the possession of the power to
1155 direct or cause the direction of the management or policies of
1156 an entity, whether through ownership of securities, by contract,
1157 or otherwise. A person or an entity that directly or indirectly
1158 has the right to vote 25 percent or more of the voting interest
1159 of the company or is entitled to 25 percent or more of its
1160 profits is presumed to possess a controlling interest.
1161 Section 42. Present paragraphs (d) through (g) of
1162 subsection (2) of section 496.405, Florida Statutes, are
1163 redesignated as paragraphs (f) through (i), respectively, new
1164 paragraphs (d) and (e) are added to that subsection, subsection
1165 (11) is added to that section, and subsection (1) and paragraph
1166 (b) of subsection (7) of that section are amended, to read:
1167 496.405 Registration statements by charitable organizations
1168 and sponsors.—
1169 (1) A charitable organization or sponsor, unless exempted
1170 pursuant to s. 496.406, which intends to solicit contributions
1171 in or from this state by any means or have funds solicited on
1172 its behalf by any other person, charitable organization,
1173 sponsor, commercial co-venturer, or professional solicitor, or
1174 that participates in a charitable sales promotion or sponsor
1175 sales promotion, must, before engaging in any of these
1176 activities, file an initial registration statement, which
1177 includes an attestation statement, and a renewal statement
1178 annually thereafter, with the department.
1179 (a) Except as provided in paragraph (b), any changes in the
1180 information submitted on the initial registration statement or
1181 the last renewal statement must be updated annually on a renewal
1182 statement provided by the department on or before the date that
1183 marks 1 year after the date the department approved the initial
1184 registration statement as provided in this section. The
1185 department shall annually provide a renewal statement to each
1186 registrant by mail or by electronic mail at least 30 days before
1187 the renewal date.
1188 (b) Any changes to the information submitted to the
1189 department pursuant to paragraph (2)(f) (2)(d) on the initial
1190 registration statement, which includes an attestation statement,
1191 or the last renewal statement must be reported to the department
1192 on a form prescribed by the department within 10 days after the
1193 change occurs.
1194 (c) A charitable organization or sponsor that is required
1195 to file an initial registration statement or annual renewal
1196 statement may not, before approval of its statement by the
1197 department in accordance with subsection (7), solicit
1198 contributions or have contributions solicited on its behalf by
1199 any other person, charitable organization, sponsor, commercial
1200 co-venturer, or professional solicitor or participate in a
1201 charitable sales promotion or sponsor sales promotion.
1202 (d) The registration of a charitable organization or
1203 sponsor may not continue in effect and shall expire without
1204 further action of the department under either of the following
1205 circumstances:
1206 1. After the date the charitable organization or sponsor
1207 should have filed, but failed to file, its renewal statement in
1208 accordance with this section.
1209 2. For failure to provide a financial statement within any
1210 extension period provided under s. 496.407.
1211 (2) The initial registration statement must be submitted on
1212 a form prescribed by the department, signed by an authorized
1213 official of the charitable organization or sponsor who shall
1214 certify that the registration statement is true and correct, and
1215 include the following information or material:
1216 (d) An attestation statement, which must be submitted on a
1217 form prescribed by the department and signed by an authorized
1218 official of the charitable organization, who shall certify and
1219 attest that the charitable organization, if engaged in
1220 activities that would require registration pursuant to chapter
1221 106 is registered with the Department of State, pursuant to
1222 chapter 106.
1223 (e) An attestation statement on a form prescribed by the
1224 department, signed by an authorized official of the charitable
1225 organization, who shall certify and attest that the charitable
1226 organization, if prohibited by applicable federal or state law,
1227 is not engaged in activities that would require registration
1228 with the Department of State pursuant to chapter 106.
1229 (7)
1230 (b) If a charitable organization or sponsor discloses
1231 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7.
1232 in the initial registration statement or annual renewal
1233 statement, the time limits set forth in paragraph (a) are
1234 waived, and the department shall process such initial
1235 registration statement or annual renewal statement in accordance
1236 with the time limits set forth in chapter 120. The registration
1237 of a charitable organization or sponsor shall be automatically
1238 suspended for failure to disclose any information specified in
1239 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the
1240 required information is submitted to the department.
1241 (11) The department may investigate and refer a charitable
1242 organization or sponsor to the Florida Elections Commission for
1243 investigation of violations pursuant to chapters 104 and 106.
1244 Section 43. Subsection (20) is added to section 496.415,
1245 Florida Statutes, to read:
1246 496.415 Prohibited acts.—It is unlawful for any person in
1247 connection with the planning, conduct, or execution of any
1248 solicitation or charitable or sponsor sales promotion to:
1249 (20) Solicit or accept contributions or anything of value
1250 from a foreign source of concern.
1251 (a) For a first violation of this subsection, this
1252 prohibited act is considered involuntary, and shall result in no
1253 punitive action from the department if a charitable organization
1254 satisfies all of the following requirements:
1255 1. Provides the department with a solicitation or
1256 contribution form containing an attestation from such foreign
1257 source or country of concern in which the person, country, or
1258 entity falsely certifies that they are not a foreign country of
1259 concern as defined in s. 496.404(13) or a foreign source of
1260 concern as defined in s. 496.404(14);
1261 2. Provides the department with a copy of a refund to the
1262 foreign source or country of concern within 30 days after
1263 notification by the department of the prohibited act; and
1264 3. Provides the department with a plan of action to prevent
1265 the acceptance of contributions from a foreign country or source
1266 of concern in future solicitation activities by the charitable
1267 organization.
1268 (b) A second or subsequent violation of this subsection is
1269 considered voluntary, and the charitable organization or sponsor
1270 is subject to the penalties specified in s. 496.419(5) at the
1271 discretion of the department.
1272 Section 44. Section 496.417, Florida Statutes, is amended
1273 to read:
1274 496.417 Criminal penalties.—Except as otherwise provided in
1275 ss. 496.401-496.424, and in addition to any administrative or
1276 civil penalties, any person who willfully and knowingly violates
1277 ss. 496.401-496.424 commits a felony of the third degree,
1278 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1279 For a second or subsequent conviction, such violation
1280 constitutes a felony of the second degree, punishable as
1281 provided in s. 775.082, s. 775.083, or s. 775.084. The
1282 department may also investigate and refer a charitable
1283 organization or sponsor to the Florida Elections Commission for
1284 investigation of violations pursuant to chapters 104 and 106.
1285 Section 45. Subsection (11) is added to section 496.419,
1286 Florida Statutes, to read:
1287 496.419 Powers of the department.—
1288 (11) A charitable organization or sponsor whose
1289 registration is denied or revoked for submitting a false
1290 attestation required pursuant to s. 496.405(2)(d) or (2)(e) is
1291 subject to the penalties specified in subsection (5) at the
1292 discretion of the department.
1293 Section 46. Section 496.431, Florida Statutes, is created
1294 to read:
1295 496.431 Honest Services Registry.—
1296 (1) The department shall create the Honest Services
1297 Registry to provide the residents of this state with the
1298 information necessary to make an informed choice when deciding
1299 which charitable organizations to support.
1300 (2) To be included on the Honest Services Registry, a
1301 charitable organization must, at a minimum, submit to the
1302 department an attestation statement on a form prescribed by the
1303 department, verified as provided in s. 92.525, attesting to all
1304 of the following:
1305 (a) That the organization does not solicit or accept,
1306 directly or indirectly, contributions, funding, support, or
1307 services from a foreign source of concern.
1308 (b) That the organization’s messaging and content are not
1309 directly or indirectly produced or influenced by a foreign
1310 source of concern.
1311 (3) The department shall publish the Honest Services
1312 Registry on the department’s website.
1313 (4) The department shall adopt rules to implement this
1314 section.
1315 Section 47. Paragraph (j) of subsection (1) of section
1316 500.03, Florida Statutes, is amended to read:
1317 500.03 Definitions; construction; applicability.—
1318 (1) For the purpose of this chapter, the term:
1319 (j) “Cottage food product” means food that is not time or
1320 temperature controlled for safety or a potentially hazardous
1321 food as defined by department rule which is sold by a cottage
1322 food operation in accordance with s. 500.80.
1323 Section 48. Paragraphs (a) and (b) of subsection (1) of
1324 section 500.12, Florida Statutes, are amended to read:
1325 500.12 Food permits; building permits.—
1326 (1)(a) A food permit from the department is required of any
1327 person or business that who operates a food establishment,
1328 except:
1329 1. Persons or businesses operating minor food outlets that
1330 sell food that is commercially prepackaged, not potentially
1331 hazardous, not age restricted, and not time or temperature
1332 controlled for safety, if the shelf space for those items does
1333 not exceed 12 total linear feet and no other food is sold by the
1334 person or business minor food outlet.
1335 2. Persons subject to continuous, onsite federal or state
1336 inspection.
1337 3. Persons selling only legumes in the shell, either
1338 parched, roasted, or boiled.
1339 4. Persons selling sugar cane or sorghum syrup that has
1340 been boiled and bottled on a premise located within this state.
1341 Such bottles must contain a label listing the producer’s name
1342 and street address, all added ingredients, the net weight or
1343 volume of the product, and a statement that reads, “This product
1344 has not been produced in a facility permitted by the Florida
1345 Department of Agriculture and Consumer Services.”
1346 (b) Each food establishment regulated under this chapter
1347 must apply for and receive a food permit before operation
1348 begins. An application for a food permit from the department
1349 must be accompanied by a fee in an amount determined by
1350 department rule. The department shall adopt by rule a schedule
1351 of fees to be paid by each food establishment as a condition of
1352 issuance or renewal of a food permit. Such fees may not exceed
1353 $650 and must be used solely for the recovery of costs for the
1354 services provided, except that the fee accompanying an
1355 application for a food permit for operating a bottled water
1356 plant may not exceed $1,000 and the fee accompanying an
1357 application for a food permit for operating a packaged ice plant
1358 may not exceed $250. The fee for operating a bottled water plant
1359 or a packaged ice plant must be set by rule of the department.
1360 Food permits are not transferable from one person or physical
1361 location to another. Food permits must be renewed in accordance
1362 with subparagraphs 1.-3. If an application for renewal of a food
1363 permit is not received by the department on or before its due
1364 date, a late fee not exceeding $100 must be paid in addition to
1365 the food permit fee before the department may issue the food
1366 permit. The moneys collected must be deposited in the General
1367 Inspection Trust Fund.
1368 1. A food permit issued to a new food establishment on or
1369 after September 1, 2023, is valid for 1 calendar year after the
1370 date of issuance and must be renewed annually on or before that
1371 date thereafter.
1372 2. Effective January 1, 2024, A food permit issued before
1373 September 1, 2023, expires on the month and day the initial
1374 permit was issued to the food establishment and must be renewed
1375 annually on or before that date thereafter. The department may
1376 charge a prorated permit fee for purposes of this subparagraph.
1377 3. The department may establish a single permit renewal
1378 date for multiple food establishments owned by the same entity
1379 The owner of 100 or more permitted food establishment locations
1380 may elect to set the expiration of food permits for such
1381 establishments as December 31 of each calendar year.
1382 Section 49. Section 500.166, Florida Statutes, is amended
1383 to read:
1384 500.166 Records of interstate shipment.—For the purpose of
1385 enforcing this chapter, carriers engaged in interstate commerce
1386 and persons receiving food in interstate commerce shall retain
1387 all records for 3 years from the date of the record showing the
1388 movement in interstate commerce of any food, and the quantity,
1389 shipper and consignee thereof and, upon the request by an
1390 officer or employee duly designated by the department, permit
1391 the officer or employee to have access to and to copy all
1392 records showing the movement in interstate commerce of any food,
1393 and the quantity, shipper, and consignee thereof.
1394 Section 50. Subsection (1) of section 500.172, Florida
1395 Statutes, is amended to read:
1396 500.172 Embargoing, detaining, destroying of food, food
1397 processing equipment, or areas that are in violation.—
1398 (1) When the department, or its duly authorized agent who
1399 has received appropriate education and training regarding the
1400 legal requirements of this chapter, finds or has probable cause
1401 to believe that any food, food processing equipment, food
1402 processing area, or food storage area is in violation of this
1403 chapter or any rule adopted under this chapter so as to be
1404 dangerous, unwholesome, mislabeled, fraudulent, or insanitary
1405 within the meaning of this chapter, an agent of the department
1406 may issue and enforce a stop-sale, stop-use, removal, or hold
1407 order, which order gives notice that such article, processing
1408 equipment, processing area, or storage area is or is suspected
1409 of being in violation and has been detained or embargoed and
1410 which order warns all persons not to remove, use, or dispose of
1411 such article, processing equipment, processing area, or storage
1412 area by sale or otherwise until permission for removal, use, or
1413 disposal is given by the department or the court. The department
1414 is authorized to enter into a written agreement with the owner
1415 of such food, food processing equipment, food processing area,
1416 or food storage area, or otherwise facilitate the destruction of
1417 any article found or suspected by the department to be in
1418 violation of this section. A person may not remove, use, or
1419 dispose of such detained or embargoed article, processing
1420 equipment, processing area, or storage area by sale or otherwise
1421 without such permission from or in accordance with a written
1422 agreement with the department.
1423 Section 51. Section 500.75, Florida Statutes, is created to
1424 read:
1425 500.75 Mushroom spores and mycelium; offenses.—It is
1426 unlawful to transport or offer to transport, import into this
1427 state, sell or offer for sale, furnish, or give away spores or
1428 mycelium capable of producing mushrooms or other material which
1429 will contain a controlled substance, including psilocybin or
1430 psilocyn, during its lifecycle. A person who violates this
1431 section commits a misdemeanor of the first degree, punishable as
1432 provided in s. 775.082 or s. 775.083.
1433 Section 52. Section 500.93, Florida Statutes, is created to
1434 read:
1435 500.93 Mislabeling of plant-based products as milk, meat,
1436 or poultry.—
1437 (1) As used in this section, the term:
1438 (a) “Egg” and “egg product” have the same meanings as in 21
1439 U.S.C. s. 1033 and the Egg Products Inspection Act.
1440 (b) “FDA” means the United States Food and Drug
1441 Administration.
1442 (c) “Meat” has the same meaning as in 9 C.F.R. s. 301.2 and
1443 the Federal Meat Inspection Act.
1444 (d) “Milk” has the same meaning as in 21 C.F.R. s. 131.110
1445 and the Grade “A” pasteurized milk ordinance.
1446 (e) “Poultry” and “poultry product” have the same meanings
1447 as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act.
1448 (2)(a) In accordance with the established standard of
1449 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade
1450 “A” pasteurized milk ordinance, the department shall adopt rules
1451 to enforce the FDA’s standard of identity for milk, as adopted
1452 in state law, to prohibit the sale of plant-based products
1453 mislabeled as milk in this state.
1454 (b) This subsection is effective upon the enactment into
1455 law of a mandatory labeling requirement to prohibit the sale of
1456 plant-based products mislabeled as milk that is consistent with
1457 this section by any 11 of the group of 14 states composed of
1458 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1459 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1460 Texas, Virginia, and West Virginia.
1461 (3)(a) In accordance with the established standard of
1462 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal
1463 Meat Inspection Act, and both poultry and poultry products
1464 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection
1465 Act, the department shall adopt rules to enforce the FDA’s
1466 standard of identity for meat, poultry, and poultry products as
1467 adopted in this section, to prohibit the sale of plant-based
1468 products mislabeled as meat, poultry, or poultry products in
1469 this state.
1470 (b) This subsection is effective upon the enactment into
1471 law of a mandatory labeling requirement to prohibit the sale of
1472 plant-based products mislabeled as meat, poultry, or poultry
1473 products which is consistent with this section by any 11 of the
1474 group of 14 states composed of Alabama, Arkansas, Florida,
1475 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma,
1476 South Carolina, Tennessee, Texas, Virginia, and West Virginia.
1477 (4)(a) In accordance with the established standard of
1478 identity for eggs and egg products defined in 21 U.S.C. s. 1033
1479 and the Egg Products Inspection Act, the department shall adopt
1480 rules to enforce the FDA’s standard of identity for eggs and egg
1481 products, as adopted in state law, to prohibit the sale of
1482 plant-based products mislabeled as egg or egg products in this
1483 state.
1484 (b) This subsection is effective upon the enactment into
1485 law of a mandatory labeling requirement to prohibit the sale of
1486 plant-based products mislabeled as egg or egg products that is
1487 consistent with this section by any 11 of the group of 14 states
1488 composed of Alabama, Arkansas, Florida, Georgia, Kentucky,
1489 Louisiana, Maryland, Mississippi, Oklahoma, South Carolina,
1490 Tennessee, Texas, Virginia, and West Virginia.
1491 (5) The Department of Agriculture and Consumer Services
1492 shall notify the Division of Law Revision upon the enactment
1493 into law by any 11 of the group of 14 states composed of
1494 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1495 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1496 Texas, Virginia, and West Virginia of the mandatory labeling
1497 requirements pursuant to subsections (2) and (3).
1498 (6) The department shall adopt rules to implement this
1499 section.
1500 (7) This section may not be construed to limit the
1501 department’s authority to enforce its laws and regulations.
1502 Section 53. Section 501.135, Florida Statutes, is repealed.
1503 Section 54. Subsection (1) of section 501.912, Florida
1504 Statutes, is amended to read:
1505 501.912 Definitions.—As used in ss. 501.91-501.923:
1506 (1) “Antifreeze” means any substance or preparation,
1507 including, but not limited to, coolant, antifreeze-coolant,
1508 antifreeze and summer coolant, or summer coolant, that is sold,
1509 distributed, or intended for use:
1510 (a) As the cooling liquid, or to be added to the cooling
1511 liquid, in the cooling system of internal combustion engines of
1512 motor vehicles to prevent freezing of the cooling liquid or to
1513 lower its freezing point; or
1514 (b) To raise the boiling point of water, aid in vehicle
1515 component cooling, or for the prevention of engine overheating,
1516 whether or not the liquid is used as a year-round cooling system
1517 fluid.
1518 Section 55. Section 525.19, Florida Statutes, is created to
1519 read:
1520 525.19 Petroleum registration.—
1521 (1) The department shall create an annual petroleum
1522 registration program for petroleum owners or operators and shall
1523 adopt rules detailing the requirements for such registration
1524 that include, at minimum:
1525 (a) Name of the petroleum owner or operator;
1526 (b) Address of the petroleum owner or operator;
1527 (c) Phone number of the petroleum owner or operator;
1528 (d) E-mail address of the petroleum owner or operator;
1529 (e) Requirements for the transfer switch;
1530 (f) Fuel and petroleum infrastructure; and
1531 (g) Fuel and petroleum inventory and delivery information.
1532 (2) The registration program must be free for all
1533 registrants.
1534 (3) The department has the authority to require registrants
1535 to provide updates related to the status of infrastructure,
1536 inventory, and delivery information during a state of emergency
1537 as declared by an executive order issued by the Governor.
1538 Section 56. Section 526.147, Florida Statutes, is created
1539 to read:
1540 526.147 Florida Retail Fuel Transfer Switch Modernization
1541 Grant Program.—
1542 (1)(a) There is created, subject to appropriation, the
1543 Florida Retail Fuel Transfer Switch Modernization Grant Program
1544 within the Department of Agriculture and Consumer Services.
1545 (b) The grant program shall provide grant funds, not to
1546 exceed $10,000 per retail fuel facility, to be used for
1547 installation and equipment costs related to installing or
1548 modernizing transfer switch infrastructure at retail fuel
1549 facilities to allow for the continuity of fueling operations
1550 under generated power.
1551 (c) The department shall award funds based upon the
1552 following criteria:
1553 1. Up to $10,000, of costs for transfer switch purchase and
1554 installation for retail fuel locations in fiscally constrained
1555 counties as designated under s. 218.67(1).
1556 2. Up to $5,000, of costs for transfer switch purchase and
1557 installation for all other retail fuel locations.
1558 (d) Retail fuel facilities which are awarded grant funds
1559 must comply with s. 526.143 and must install a transfer switch
1560 capable of operating all fuel pumps, dispensing equipment, life
1561 safety systems, and payment acceptance equipment using an
1562 alternative generated power source.
1563 (e) Before being awarded funding from the department,
1564 retail fuel facilities must provide documentation on transfer
1565 switch installation and required generator sizing to the
1566 department.
1567 (f) Marinas and fueling facilities with fewer than 4
1568 fueling positions are excluded from being awarded funding
1569 through this program.
1570 (g) Fueling facilities subject to s. 526.143(2) are
1571 excluded from being awarded funding through this program.
1572 (2) The department, in consultation with the Division of
1573 Emergency Management, shall adopt rules to implement and
1574 administer this section, including establishing grant
1575 application processes for the Florida Retail Fuel Transfer
1576 Switch Modernization Grant Program. The rules must include
1577 application deadlines and establish the supporting documentation
1578 necessary to be provided to the department.
1579 Section 57. Section 531.48, Florida Statutes, is amended to
1580 read:
1581 531.48 Declarations of unit price on random packages.—In
1582 addition to the declarations required by s. 531.47, any package
1583 being one of a lot containing random weights of the same
1584 commodity must and bearing the total selling price of the
1585 package shall bear on the outside of the package a plain and
1586 conspicuous declaration of the price per single unit of weight
1587 and the total retail price of the package, as defined by
1588 department rule.
1589 Section 58. Section 531.49, Florida Statutes, is amended to
1590 read:
1591 531.49 Advertising packages for sale.—Whenever A packaged
1592 commodity is advertised in any manner with the retail price
1593 stated, there shall be closely and conspicuously associated with
1594 the retail price must have a declaration of quantity as is
1595 required by law or rule to appear on the package.
1596 Section 59. Subsection (10) of section 564.06, Florida
1597 Statutes, is amended to read:
1598 564.06 Excise taxes on wines and beverages.—
1599 (10) Fifty percent of all revenues collected from the
1600 excise taxes imposed by this section on wine produced by
1601 manufacturers in this state from products grown in the state
1602 must be deposited into the Florida Wine Viticulture Trust Fund
1603 established pursuant to s. 599.012.
1604 Section 60. Present subsections (44), (45), and (46) of
1605 section 570.07, Florida Statutes, are redesignated as
1606 subsections (47), (48), and (49), respectively, and new
1607 subsections (44), (45), and (46) are added to that section, to
1608 read:
1609 570.07 Department of Agriculture and Consumer Services;
1610 functions, powers, and duties.—The department shall have and
1611 exercise the following functions, powers, and duties:
1612 (44)(a) To foster and encourage the employment and
1613 retention of qualified veterinary pathologists. The department
1614 may reimburse the educational expenses of qualified veterinary
1615 pathologists who enter into an agreement with the department to
1616 retain employment for a specified period of time.
1617 (b) The department shall adopt rules to administer this
1618 subsection.
1619 (45) Subject to appropriation, to extend state and national
1620 Future Farmers of America opportunities to any public school
1621 student enrolled in agricultural education, at little or no cost
1622 to the student or school district, and to support statewide
1623 Future Farmers of America programming that helps such students
1624 develop their potential for premier leadership, personal growth,
1625 and career success.
1626 (46)(a) Notwithstanding ss. 287.042 and 287.057, to use
1627 contracts procured by another agency.
1628 (b) As used in this subsection, the term “agency” has the
1629 same meaning as provided in s. 287.012.
1630 Section 61. Subsection (2) of section 570.544, Florida
1631 Statutes, is amended to read:
1632 570.544 Division of Consumer Services; director; powers;
1633 processing of complaints; records.—
1634 (2) The director shall supervise, direct, and coordinate
1635 the activities of the division and shall, under the direction of
1636 the department, enforce the provisions of ss. 366.94 and ss.
1637 604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526,
1638 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849.
1639 Section 62. Section 570.546, Florida Statutes, is created
1640 to read:
1641 570.546 Licensing.—
1642 (1) The department is authorized to:
1643 (a) Create a process for the bulk renewal of licenses which
1644 will allow licensees the ability, upon request, to submit all
1645 license applications of the same type, notwithstanding any
1646 provisions of law applicable to each application process.
1647 (b) Create a process that will allow licensees, upon
1648 request, to align the expiration dates of licenses within a
1649 statutory program.
1650 (c) Change the expiration dates for current licensees for
1651 the purpose of reducing large numbers of license expirations
1652 that occur during the same month.
1653 (2) The department shall prorate any licensing fee for
1654 which the term of the license was reduced for the purposes of
1655 alignment.
1656 (3) The department shall adopt rules to implement this
1657 section.
1658 Section 63. Section 570.694, Florida Statutes, is created
1659 to read:
1660 570.694 Florida Aquaculture Foundation.—
1661 (1) The Florida Aquaculture Foundation is established as a
1662 direct-support organization within the Department of Agriculture
1663 and Consumer Services. The purpose of the foundation is to:
1664 (a) Conduct programs and activities related to the
1665 assistance, promotion, and furtherance of aquaculture and
1666 aquaculture producers in this state.
1667 (b) Identify and pursue methods to provide statewide
1668 resources and materials for these programs.
1669 (2) The foundation shall be governed by s. 570.691.
1670 (3) The department is authorized to appoint an advisory
1671 committee adjunct to the foundation pursuant to s. 570.232.
1672 Section 64. Section 570.822, Florida Statutes, is amended
1673 to read:
1674 570.822 Agriculture and Aquaculture Producers Emergency
1675 Natural Disaster Recovery Loan Program.—
1676 (1) DEFINITIONS.—As used in this section, the term:
1677 (a) “Bona fide farm operation” means a farm operation
1678 engaged in a good faith commercial agricultural use of land on
1679 land classified as agricultural pursuant to s. 193.461 or on
1680 sovereign submerged land that is leased to the applicant by the
1681 department pursuant to s. 597.010 and that produces agricultural
1682 products within the definition of agriculture under s. 570.02.
1683 (b) “Declared emergency natural disaster” means an
1684 emergency a natural disaster for which a state of emergency is
1685 declared pursuant to s. 252.36 or s. 570.07(21).
1686 (c) “Department” means the Department of Agriculture and
1687 Consumer Services.
1688 (d) “Essential physical property” means fences; equipment;
1689 structural production facilities, such as shade houses and
1690 greenhouses; or other agriculture or aquaculture facilities or
1691 infrastructure.
1692 (e) “Program” means the Agriculture and Aquaculture
1693 Producers Emergency Natural Disaster Recovery Loan Program.
1694 (2) USE OF LOAN FUNDS; LOAN TERMS.—
1695 (a) The program is established within the department to
1696 make loans to agriculture and aquaculture producers that have
1697 experienced damage or destruction from a declared emergency
1698 natural disaster. Loan funds may be used to restore, repair, or
1699 replace essential physical property or remove vegetative debris
1700 from essential physical property, or restock aquaculture. A
1701 structure or building constructed using loan proceeds must
1702 comply with storm-hardening standards for nonresidential farm
1703 buildings as defined in s. 604.50(2). The department shall adopt
1704 such standards by rule.
1705 (b) The department may make a low-interest or interest-free
1706 loan to an eligible applicant. The maximum amount that an
1707 applicant may receive during the application period for a loan
1708 is $500,000. An applicant may not receive more than one loan per
1709 application period and no more than two loans per year or no
1710 more than five loans in any 3-year period. A loan term is 10
1711 years.
1712 (3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
1713 applicant must:
1714 (a) Own or lease a bona fide farm operation that is located
1715 in a county named in a declared emergency natural disaster and
1716 that was damaged or destroyed as a result of such declared
1717 emergency natural disaster.
1718 (b) Maintain complete and acceptable farm records, pursuant
1719 to criteria published by the department, and present them as
1720 proof of production levels and bona fide farm operations.
1721 (4) LOAN APPLICATION AND AGREEMENT.—
1722 (a) Requests for loans must be made by application to the
1723 department. Upon a determination that funding for loans is
1724 available, the department shall publicly notice an application
1725 period for the declared emergency natural disaster, beginning
1726 within 60 days after the date of the declared emergency natural
1727 disaster and running up to 1 year after the date of the declared
1728 emergency natural disaster or until all available loan funds are
1729 exhausted, whichever occurs first. The application period may be
1730 renewed upon a determination from the department and pursuant to
1731 an active declared emergency.
1732 (b) An applicant must demonstrate the need for financial
1733 assistance and an ability to repay or meet a standard credit
1734 rating determined by the department.
1735 (c) Loans must be made pursuant to written agreements
1736 specifying the terms and conditions agreed to by the approved
1737 applicant and the department. The loan agreement must specify
1738 that the loan is due upon sale if the property or other
1739 collateral for the loan is sold.
1740 (d) An approved applicant must agree to stay in production
1741 for the duration of the loan. A loan is not assumable.
1742 (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
1743 by a lien, subordinate only to any mortgage held by a financial
1744 institution as defined in s. 655.005, on property or other
1745 collateral as set forth in the loan agreement. The specific type
1746 of collateral required may vary depending upon the loan purpose,
1747 repayment ability, and the particular circumstances of the
1748 applicant. The department shall record the lien in public
1749 records in the county where the property is located and, in the
1750 case of personal property, perfect the security interest by
1751 filing appropriate Uniform Commercial Code forms with the
1752 Florida Secured Transaction Registry as required pursuant to
1753 chapter 679.
1754 (6) LOAN REPAYMENT.—
1755 (a) A loan is due and payable in accordance with the terms
1756 of the loan agreement.
1757 (b) The department shall defer payments for the first 3
1758 years of the loan. After 3 years, the department shall reduce
1759 the principal balance annually through the end of the loan term
1760 such that the original principal balance is reduced by 30
1761 percent. If the principal balance is repaid before the end of
1762 the 10th year, the applicant may not be required to pay more
1763 than 70 percent of the original principal balance. The approved
1764 applicant must continue to be actively engaged in production in
1765 order to receive the original principal balance reductions and
1766 must continue to meet the loan agreement terms to the
1767 satisfaction of the department.
1768 (c) An approved applicant may make payments on the loan at
1769 any time without penalty. Early repayment is encouraged as other
1770 funding sources or revenues become available to the approved
1771 applicant.
1772 (d) All repayments of principal and interest, if
1773 applicable, received by the department in a fiscal year must be
1774 returned to the loan fund and made available for loans to other
1775 applicants in the next application period.
1776 (e) The department may periodically review an approved
1777 applicant to determine whether he or she continues to be in
1778 compliance with the terms of the loan agreement. If the
1779 department finds that an applicant is no longer in production or
1780 has otherwise violated the loan agreement, the department may
1781 seek repayment of the full original principal balance
1782 outstanding, including any interest or costs, as applicable, and
1783 excluding any applied or anticipated original principal balance
1784 reductions.
1785 (f) The department may defer or waive loan payments if at
1786 any time during the repayment period of a loan, the approved
1787 applicant experiences a significant hardship such as crop loss
1788 from a weather-related event or from impacts from a natural
1789 disaster or declared emergency.
1790 (7) ADMINISTRATION.—
1791 (a) The department shall create and maintain a separate
1792 account in the General Inspection Trust Fund as a fund for the
1793 program. All repayments must be returned to the loan fund and
1794 made available as provided in this section. Notwithstanding s.
1795 216.301, funds appropriated for the loan program are not subject
1796 to reversion. The department shall manage the fund, establishing
1797 loan practices that must include, but are not limited to,
1798 procedures for establishing loan interest rates, uses of
1799 funding, application procedures, and application review
1800 procedures. The department is authorized to contract with a
1801 third-party administrator to administer the program and manage
1802 the loan fund. A contract for a third-party administrator that
1803 includes management of the loan fund must, at a minimum, require
1804 maintenance of the loan fund to ensure that the program may
1805 operate in a revolving manner.
1806 (b) The department shall coordinate with other state
1807 agencies and other entities to ensure to the greatest extent
1808 possible that agriculture and aquaculture producers in this
1809 state have access to the maximum financial assistance available
1810 following a declared emergency natural disaster. The
1811 coordination must endeavor to ensure that there is no
1812 duplication of financial assistance between the loan program and
1813 other funding sources, such as any federal or other state
1814 programs, including public assistance requests to the Federal
1815 Emergency Management Agency or financial assistance from the
1816 United States Department of Agriculture, which could render the
1817 approved applicant ineligible for other financial assistance.
1818 (8) PUBLIC RECORDS EXEMPTION.—
1819 (a) The following information held by the department
1820 pursuant to its administration of the program is exempt from s.
1821 119.07(1) and s. 24(a), Art. I of the State Constitution:
1822 1. Tax returns.
1823 2. Credit history information, credit reports, and credit
1824 scores.
1825 (b) This subsection does not prohibit the disclosure of
1826 information held by the department pursuant to its
1827 administration of the program in an aggregated and anonymized
1828 format.
1829 (c) This subsection is subject to the Open Government
1830 Sunset Review Act in accordance with s. 119.15 and shall stand
1831 repealed on October 2, 2029, unless reviewed and saved from
1832 repeal through reenactment by the Legislature.
1833 (9) RULES.—The department shall adopt rules to implement
1834 this section.
1835 (10) REPORTS.—By December 1, 2024, and each December 1
1836 thereafter, the department shall provide a report on program
1837 activities during the previous fiscal year to the President of
1838 the Senate and the Speaker of the House of Representatives. The
1839 report must include information on noticed application periods,
1840 the number and value of loans awarded under the program for each
1841 application period, the number and value of loans outstanding,
1842 the number and value of any loan repayments received, and an
1843 anticipated repayment schedule for all loans.
1844 (11) SUNSET.—This section expires July 1, 2043, unless
1845 reviewed and saved from repeal through reenactment by the
1846 Legislature.
1847 Section 65. Section 570.823, Florida Statutes, is created
1848 to read:
1849 570.823 Silviculture emergency recovery program.—
1850 (1) DEFINITIONS.—As used in this section, the term:
1851 (a) “Bona fide farm operation” means a farm operation
1852 engaged in a good faith commercial agricultural use of land on
1853 land classified as agricultural pursuant to s. 193.461 that
1854 produces agricultural products within the definition of
1855 agriculture under s. 570.02.
1856 (b) “Declared emergency” means an emergency for which a
1857 state of emergency is declared pursuant to s. 252.36 or s.
1858 570.07(21).
1859 (c) “Department” means the Department of Agriculture and
1860 Consumer Services.
1861 (d) “Program” means the silviculture emergency recovery
1862 program.
1863 (2) USE OF GRANT FUNDS; GRANT TERMS.—
1864 (a) The silviculture emergency recovery program is
1865 established within the department to administer a grant program
1866 to assist timber landowners whose timber land was damaged as a
1867 result of a declared emergency. Grants provided to eligible
1868 timber landowners must be used for:
1869 1. Timber stand restoration, including downed tree removal
1870 on land which will retain the existing trees on site which are
1871 lightly or completely undamaged;
1872 2. Site preparation, and tree replanting; or
1873 3. Road and trail clearing on private timber lands to
1874 provide emergency access and facilitate salvage operations.
1875 (b) Only timber land located on lands classified as
1876 agricultural lands under s. 193.461 are eligible for the
1877 program.
1878 (c) The department shall coordinate with state agencies and
1879 other entities to ensure to the greatest extent possible that
1880 timber landowners have access to the maximum financial
1881 assistance available following a specified declared emergency.
1882 The coordination must endeavor to ensure that there is no
1883 duplication of financial assistance between these funds and
1884 other funding sources, such as any federal or other state
1885 programs, including public assistance requests to the Federal
1886 Emergency Management Agency or financial assistance from the
1887 United States Department of Agriculture, which would render the
1888 approved applicant ineligible for other financial assistance.
1889 (d) The department is authorized to adopt rules to
1890 implement this section, including emergency rules.
1891 Notwithstanding any other provision of law, emergency rules
1892 adopted pursuant to this subsection are effective for 6 months
1893 after adoption and may be renewed during the pendency of
1894 procedures to adopt permanent rules addressing the subject of
1895 the emergency rules.
1896 Section 66. Section 570.831, Florida Statutes, is created
1897 to read:
1898 570.831 Florida beef marketing program.—The Cattle
1899 Enhancement Board, Inc., in coordination with the department,
1900 shall, subject to appropriation, establish a Florida beef
1901 marketing program to conduct research designed to expand the
1902 uses of beef and beef products and strengthen the market
1903 position of Florida’s cattle industry through marketing
1904 campaigns and promotions within this state and the nation.
1905 Section 67. Subsections (2) and (5) of section 581.1843,
1906 Florida Statutes, are amended to read:
1907 581.1843 Citrus nursery stock propagation and production
1908 and the establishment of regulated areas around citrus
1909 nurseries.—
1910 (2) Effective January 1, 2007, it is unlawful for any
1911 person to propagate for sale or movement any citrus nursery
1912 stock that was not propagated or grown on a site and within a
1913 protective structure approved by the department and that is not
1914 at least 1 mile away from commercial citrus groves. A citrus
1915 nursery registered with the department prior to April 1, 2006,
1916 shall not be required to comply with the 1-mile setback from
1917 commercial citrus groves while continuously operating at the
1918 same location for which it was registered. However, the nursery
1919 shall be required to propagate citrus within a protective
1920 structure approved by the department. Effective January 1, 2008,
1921 it is shall be unlawful to distribute any citrus nursery stock
1922 that was not produced in a protective structure approved by the
1923 department.
1924 (5) The department shall establish regulated areas around
1925 the perimeter of commercial citrus nurseries that were
1926 established on sites after April 1, 2006, not to exceed a radius
1927 of 1 mile. The planting of citrus in an established regulated
1928 area is prohibited. The planting of citrus within a 1-mile
1929 radius of commercial citrus nurseries that were established on
1930 sites prior to April 1, 2006, must be approved by the
1931 department. Citrus plants planted within a regulated area prior
1932 to the establishment of the regulated area may remain in the
1933 regulated area unless the department determines the citrus
1934 plants to be infected or infested with citrus canker or citrus
1935 greening. The department shall require the removal of infected
1936 or infested citrus, nonapproved planted citrus, and citrus that
1937 has sprouted by natural means in regulated areas. The property
1938 owner shall be responsible for the removal of citrus planted
1939 without proper approval. Notice of the removal of citrus trees,
1940 by immediate final order of the department, shall be provided to
1941 the owner of the property on which the trees are located. An
1942 immediate final order issued by the department under this
1943 section shall notify the property owner that the citrus trees,
1944 which are the subject of the immediate final order, must be
1945 removed and destroyed unless the property owner, no later than
1946 10 days after delivery of the immediate final order, requests
1947 and obtains a stay of the immediate final order from the
1948 district court of appeal with jurisdiction to review such
1949 requests. The property owner shall not be required to seek a
1950 stay from the department of the immediate final order prior to
1951 seeking a stay from the district court of appeal.
1952 Section 68. Sections 593.101, 593.102, 593.103, 593.104,
1953 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111,
1954 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116,
1955 and 593.117, Florida Statutes, are repealed.
1956 Section 69. Subsection (11) of section 595.404, Florida
1957 Statutes, is amended to read:
1958 595.404 School food and other nutrition programs; powers
1959 and duties of the department.—The department has the following
1960 powers and duties:
1961 (11) To adopt and implement an appeal process by rule, as
1962 required by federal regulations, for applicants and participants
1963 under the programs implemented pursuant to this chapter,
1964 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss.
1965 120.569 and 120.57-120.595.
1966 Section 70. Section 599.002, Florida Statutes, is amended
1967 to read:
1968 599.002 Florida Wine Viticulture Advisory Council.—
1969 (1) There is created within the Department of Agriculture
1970 and Consumer Services the Florida Wine Viticulture Advisory
1971 Council, to be composed consist of eight members as follows: the
1972 president of the Florida Wine and Grape Growers Association
1973 Florida Grape Growers’ Association or a designee thereof; a
1974 representative from the Institute of Food and Agricultural
1975 Sciences; a representative from the viticultural science program
1976 at Florida Agricultural and Mechanical University; and five
1977 additional commercial members, to be appointed for a 2-year term
1978 each by the Commissioner of Agriculture, including a wine
1979 producer, a fresh fruit producer, a nonwine product (juice,
1980 jelly, pie fillings, etc.) producer, and a viticultural nursery
1981 operator.
1982 (2) The meetings, powers and duties, procedures, and
1983 recordkeeping of the Florida Wine Viticulture Advisory Council
1984 shall be pursuant to s. 570.232.
1985 (3) The primary responsibilities of the Florida Wine
1986 Viticulture Advisory Council are to submit to the Commissioner
1987 of Agriculture, annually, the industry’s recommendations for
1988 wine and viticultural research, promotion, and education and, as
1989 necessary, the industry’s recommendations for revisions to the
1990 State Wine Viticulture Plan.
1991 Section 71. Section 599.003, Florida Statutes, is amended
1992 to read:
1993 599.003 State Wine Viticulture Plan.—
1994 (1) The Commissioner of Agriculture, in consultation with
1995 the Florida Wine Viticulture Advisory Council, shall develop and
1996 coordinate the implementation of the State Wine Viticulture
1997 Plan, which shall identify problems and constraints of the wine
1998 and viticulture industry, propose possible solutions to those
1999 problems, and develop planning mechanisms for the orderly growth
2000 of the industry, including:
2001 (a) Criteria for wine and viticultural research, service,
2002 and management priorities.
2003 (b) Additional proposed legislation that may be required.
2004 (c) Plans and goals to improve research and service
2005 capabilities at Florida Agricultural and Mechanical University
2006 and the University of Florida in their efforts to address
2007 current and future needs of the industry.
2008 (d) The potential for viticulture products in terms of
2009 market and needs for development.
2010 (e) Evaluation of wine policy alternatives, including, but
2011 not limited to, continued improvement in wine quality, blending
2012 considerations, promotion and advertising, labeling and vineyard
2013 designations, and development of production and marketing
2014 strategies.
2015 (f) Evaluation of production and fresh fruit policy
2016 alternatives, including, but not limited to, setting minimum
2017 grades and standards, promotion and advertising, development of
2018 production and marketing strategies, and setting minimum
2019 standards on types and quality of nursery plants.
2020 (g) Evaluation of policy alternatives for nonwine processed
2021 products, including, but not limited to, setting minimum quality
2022 standards and development of production and marketing
2023 strategies.
2024 (h) Research and service priorities for further development
2025 of the wine and viticulture industry.
2026 (i) The identification of state agencies and public and
2027 private institutions concerned with research, education,
2028 extension, services, planning, promotion, and marketing
2029 functions related to wine and viticultural development and the
2030 delineation of contributions and responsibilities.
2031 (j) Business planning, investment potential, financial
2032 risks, and economics of production and utilization.
2033 (2) A revision and update of the State Wine Viticulture
2034 Plan must shall be submitted biennially to the President of the
2035 Senate, the Speaker of the House of Representatives, and the
2036 chairs of appropriate committees of the Senate and House of
2037 Representatives, and a progress report and budget request must
2038 shall be submitted annually.
2039 Section 72. Paragraph (a) of subsection (2) and subsection
2040 (3) of section 599.004, Florida Statutes, are amended, and
2041 paragraph (d) is added to subsection (2) of that section, to
2042 read:
2043 599.004 Florida Farm Winery Program; registration; logo;
2044 fees.—
2045 (2)(a) The department, in coordination with the Florida
2046 Wine Viticulture Advisory Council, shall develop and designate
2047 by rule a Florida Farm Winery logo, emblem, and directional sign
2048 to guide the public to certified Florida Farm Wineries Winery
2049 tourist attractions. The logo and emblem of certified Florida
2050 Farm Winery signs must shall be uniform.
2051 (d) Wineries that fail to recertify annually or pay the
2052 licensing fee required in paragraph (c) are subject to having
2053 the signs referenced in paragraph (b) removed and will be
2054 responsible for all costs incurred by the Department of
2055 Transportation in connection with the removal.
2056 (3) All fees collected, except as otherwise provided by
2057 this section, shall be deposited into the Florida Wine
2058 Viticulture Trust Fund and used to develop consumer information
2059 on the native characteristics and proper use of wines.
2060 Section 73. Section 599.012, Florida Statutes, is amended
2061 to read:
2062 599.012 Florida Wine Viticulture Trust Fund; creation.—
2063 (1) There is established the Florida Wine Viticulture Trust
2064 Fund within the Department of Agriculture and Consumer Services.
2065 The department shall use the moneys deposited in the trust fund
2066 pursuant to subsection (2) to do all the following:
2067 (a) Develop and coordinate the implementation of the State
2068 Viticulture Plan.
2069 (b) Promote viticulture products manufactured from products
2070 grown in the state.
2071 (c) Provide grants for viticultural research.
2072 (2) Fifty percent of the revenues collected from the excise
2073 taxes imposed under s. 564.06 on wine produced by manufacturers
2074 in this state from products grown in the state will be deposited
2075 in the Florida Wine Viticulture Trust Fund in accordance with
2076 that section.
2077 Section 74. Subsection (1) of section 616.12, Florida
2078 Statutes, is amended to read:
2079 616.12 Licenses upon certain shows; distribution of fees;
2080 exemptions.—
2081 (1) Each person who operates any traveling show,
2082 exhibition, amusement enterprise, carnival, vaudeville, exhibit,
2083 minstrel, rodeo, theatrical, game or test of skill, riding
2084 device, dramatic repertoire, other show or amusement, or
2085 concession, including a concession operating in a tent,
2086 enclosure, or other temporary structure, within the grounds of,
2087 and in connection with, any annual public fair held by a fair
2088 association shall pay the license taxes provided by law.
2089 However, if the association satisfies the requirements of this
2090 chapter, including securing the required fair permit from the
2091 department, the license taxes and local business tax authorized
2092 in chapter 205 are waived and the department shall issue a tax
2093 exemption certificate. The department shall adopt the proper
2094 forms and rules to administer this section, including the
2095 necessary tax exemption certificate, showing that the fair
2096 association has met all requirements and that the traveling
2097 show, exhibition, amusement enterprise, carnival, vaudeville,
2098 exhibit, minstrel, rodeo, theatrical, game or test of skill,
2099 riding device, dramatic repertoire, other show or amusement, or
2100 concession is exempt.
2101 Section 75. Section 687.16, Florida Statutes, is created to
2102 read:
2103 687.16 Florida Farmer Financial Protection Act.—
2104 (1) SHORT TITLE.—This section may be cited as the “Florida
2105 Farmer Financial Protection Act.”
2106 (2) DEFINITIONS.—As used in this section, the term:
2107 (a) “Agriculture producer” means a person or company
2108 authorized to do business in this state and engaged in the
2109 production of goods derived from plants or animals, including,
2110 but not limited to, the growing of crops, silviculture, animal
2111 husbandry, or the production of livestock or dairy products.
2112 (b) “Agritourism activity” has the same meaning as provided
2113 in s. 570.86.
2114 (c) “Commissioner” means the Commissioner of Agriculture.
2115 (d) “Company” means a for-profit organization, association,
2116 corporation, partnership, joint venture, sole proprietorship,
2117 limited partnership, limited liability partnership, or limited
2118 liability company, including a wholly owned subsidiary,
2119 majority-owned subsidiary, parent company, or affiliate of those
2120 entities or business associations authorized to do business in
2121 this state.
2122 (e) “Denies or restricts” means refusing to provide
2123 services, terminating existing services, or restricting or
2124 burdening the scope or nature of services offered or provided.
2125 (f) “Discriminate in the provision of financial services”
2126 means to deny or restrict services and thereby decline to
2127 provide financial services.
2128 (g) “ESG factor” means any factor or consideration that is
2129 collateral to or not reasonably likely to affect or impact
2130 financial risk and includes the promotion, furtherance, or
2131 achievement of environmental, social, or political goals,
2132 objectives, or outcomes, which may include the agriculture
2133 producer’s greenhouse gas emissions, use of fossil-fuel derived
2134 fertilizer, or use of fossil-fuel powered machinery.
2135 (h) “Farm” means the land, buildings, support facilities,
2136 machinery, and other appurtenances used in the production of
2137 farm or aquaculture products.
2138 (i) “Financial institution” means a company authorized to
2139 do business in this state which has total assets of more than
2140 $100 million and offers financial services. A financial
2141 institution includes any affiliate or subsidiary company, even
2142 if that affiliate or subsidiary company is also a financial
2143 institution.
2144 (j) “Financial service” means any product or service that
2145 is of a financial nature and is offered by a financial
2146 institution.
2147 (3) FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS.—
2148 (a) A financial institution may not discriminate in the
2149 provision of financial services to an agriculture producer
2150 based, in whole or in part, upon an ESG factor.
2151 (b) If a financial institution has made any ESG commitment
2152 related to agriculture, there is an inference that the
2153 institution’s denial or restriction of a financial service to an
2154 agriculture producer violates paragraph (a).
2155 (c) A financial institution may overcome the inference in
2156 paragraph (b) by demonstrating that its denial or restriction of
2157 a financial service was based solely on documented risk
2158 analysis, and not on any ESG factor.
2159 (4) ENFORCEMENT; COMPENSATORY DAMAGES.—The Attorney
2160 General, in consultation with the Office of Financial
2161 Regulation, is authorized to enforce subsection (3). Any
2162 violation of subsection (3) constitutes an unfair trade practice
2163 under part II of chapter 501 and the Attorney General is
2164 authorized to investigate and seek remedies as provided in
2165 general law. Actions for damages may be sought by an aggrieved
2166 party.
2167 Section 76. Paragraph (a) of subsection (3) of section
2168 741.0305, Florida Statutes, is amended to read:
2169 741.0305 Marriage fee reduction for completion of
2170 premarital preparation course.—
2171 (3)(a) All individuals electing to participate in a
2172 premarital preparation course shall choose from the following
2173 list of qualified instructors:
2174 1. A psychologist licensed under chapter 490.
2175 2. A clinical social worker licensed under chapter 491.
2176 3. A marriage and family therapist licensed under chapter
2177 491.
2178 4. A mental health counselor licensed under chapter 491.
2179 5. An official representative of a religious institution
2180 which is recognized under s. 496.404 s. 496.404(23), if the
2181 representative has relevant training.
2182 6. Any other provider designated by a judicial circuit,
2183 including, but not limited to, school counselors who are
2184 certified to offer such courses. Each judicial circuit may
2185 establish a roster of area course providers, including those who
2186 offer the course on a sliding fee scale or for free.
2187 Section 77. Paragraph (h) of subsection (2), subsection
2188 (3), paragraph (c) of subsection (6), and subsection (10) of
2189 section 790.06, Florida Statutes, are amended to read:
2190 790.06 License to carry concealed weapon or concealed
2191 firearm.—
2192 (2) The Department of Agriculture and Consumer Services
2193 shall issue a license if the applicant:
2194 (h) Demonstrates competence with a firearm by any one of
2195 the following:
2196 1. Completion of any hunter education or hunter safety
2197 course approved by the Fish and Wildlife Conservation Commission
2198 or a similar agency of another state;
2199 2. Completion of any National Rifle Association firearms
2200 safety or training course;
2201 3. Completion of any firearms safety or training course or
2202 class available to the general public offered by a law
2203 enforcement agency, junior college, college, or private or
2204 public institution or organization or firearms training school,
2205 using instructors certified by the National Rifle Association,
2206 Criminal Justice Standards and Training Commission, or the
2207 Department of Agriculture and Consumer Services;
2208 4. Completion of any law enforcement firearms safety or
2209 training course or class offered for security guards,
2210 investigators, special deputies, or any division or subdivision
2211 of a law enforcement agency or security enforcement;
2212 5. Presents evidence of equivalent experience with a
2213 firearm through participation in organized shooting competition
2214 or United States military service;
2215 6. Is licensed or has been licensed to carry a concealed
2216 weapon or concealed firearm in this state or a county or
2217 municipality of this state, unless such license has been revoked
2218 for cause; or
2219 7. Completion of any firearms training or safety course or
2220 class conducted by a state-certified or National Rifle
2221 Association certified firearms instructor;
2222
2223 A photocopy of a certificate of completion of any of the courses
2224 or classes; an affidavit from the instructor, school, club,
2225 organization, or group that conducted or taught such course or
2226 class attesting to the completion of the course or class by the
2227 applicant; or a copy of any document that shows completion of
2228 the course or class or evidences participation in firearms
2229 competition shall constitute evidence of qualification under
2230 this paragraph. A person who conducts a course pursuant to
2231 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
2232 an instructor, attests to the completion of such courses, must
2233 maintain records certifying that he or she observed the student
2234 safely handle and discharge the firearm in his or her physical
2235 presence and that the discharge of the firearm included live
2236 fire using a firearm and ammunition as defined in s. 790.001;
2237 (3)(a) The Department of Agriculture and Consumer Services
2238 shall deny a license if the applicant has been found guilty of,
2239 had adjudication of guilt withheld for, or had imposition of
2240 sentence suspended for one or more crimes of violence
2241 constituting a misdemeanor, unless 3 years have elapsed since
2242 probation or any other conditions set by the court have been
2243 fulfilled or the record has been sealed or expunged. The
2244 Department of Agriculture and Consumer Services shall revoke a
2245 license if the licensee has been found guilty of, had
2246 adjudication of guilt withheld for, or had imposition of
2247 sentence suspended for one or more crimes of violence within the
2248 preceding 3 years. The department shall, upon notification by a
2249 law enforcement agency, a court, clerk’s office, or the Florida
2250 Department of Law Enforcement and subsequent written
2251 verification, temporarily suspend a license or the processing of
2252 an application for a license if the licensee or applicant is
2253 arrested or formally charged with a crime that would disqualify
2254 such person from having a license under this section, until
2255 final disposition of the case. The department shall suspend a
2256 license or the processing of an application for a license if the
2257 licensee or applicant is issued an injunction that restrains the
2258 licensee or applicant from committing acts of domestic violence
2259 or acts of repeat violence. The department shall notify the
2260 licensee or applicant suspended under this section of his or her
2261 right to a hearing pursuant to chapter 120. If the criminal case
2262 or injunction results in a nondisqualifying disposition and the
2263 applicant or licensee is otherwise eligible, the suspension
2264 shall end. The department must issue an order confirming the end
2265 of the suspension within 90 days after the applicant or
2266 licensee’s submission to the department of a copy of the final
2267 resolution of the criminal case or injunction. The copy provided
2268 to the department must be sent through electronic or certified
2269 mail to a location that shall be specified on the notice of
2270 suspension received by the licensee or applicant. If the
2271 criminal case or injunction results in a disqualifying
2272 disposition, the suspension must remain in effect and the
2273 department must proceed with denial or revocation proceedings
2274 pursuant to chapter 120.
2275 (b) This subsection may not be construed to limit,
2276 restrict, or inhibit the constitutional right to bear arms and
2277 carry a concealed weapon in this state. The Legislature finds it
2278 a matter of public policy and public safety that it is necessary
2279 to ensure that potentially disqualifying information about an
2280 applicant or licensee is investigated and processed in a timely
2281 manner by the department pursuant to this section. The
2282 Legislature intends to clarify that suspensions pursuant to this
2283 section are temporary, and the department has the duty to make
2284 an eligibility determination and issue a license in the time
2285 frame prescribed in this subsection.
2286 (6)
2287 (c) The Department of Agriculture and Consumer Services
2288 shall, within 90 days after the date of receipt of the items
2289 listed in subsection (5):
2290 1. Issue the license; or
2291 2. Deny the application based solely on the ground that the
2292 applicant fails to qualify under the criteria listed in
2293 subsection (2) or subsection (3). If the Department of
2294 Agriculture and Consumer Services denies the application, it
2295 shall notify the applicant in writing, stating the ground for
2296 denial and informing the applicant of any right to a hearing
2297 pursuant to chapter 120.
2298 3. In the event the result of the criminal history
2299 screening identifies department receives criminal history
2300 information related to a crime that may disqualify the applicant
2301 but does not contain with no final disposition of the crime or
2302 lacks sufficient information to make an eligibility
2303 determination on a crime which may disqualify the applicant, the
2304 time limitation prescribed by this paragraph may be extended for
2305 up to an additional 45 days after the receipt of the information
2306 suspended until receipt of the final disposition or proof of
2307 restoration of civil and firearm rights. The department may make
2308 a request for information to the jurisdiction where the criminal
2309 history information originated but must issue a license if it
2310 does not obtain a disposition or sufficient information to make
2311 an eligibility determination within the additional 45 days if
2312 the applicant is otherwise eligible. The department may take any
2313 action authorized in this section if it receives disqualifying
2314 criminal history information during the additional 45-day review
2315 period or after issuance of a license.
2316 (10) A license issued under this section must shall be
2317 temporarily suspended as provided for in subparagraph (6)(c)3.,
2318 or revoked pursuant to chapter 120 if the license was issued in
2319 error or if the licensee:
2320 (a) Is found to be ineligible under the criteria set forth
2321 in subsection (2);
2322 (b) Develops or sustains a physical infirmity which
2323 prevents the safe handling of a weapon or firearm;
2324 (c) Is convicted of a felony which would make the licensee
2325 ineligible to possess a firearm pursuant to s. 790.23;
2326 (d) Is found guilty of a crime under chapter 893, or
2327 similar laws of any other state, relating to controlled
2328 substances;
2329 (e) Is committed as a substance abuser under chapter 397,
2330 or is deemed a habitual offender under s. 856.011(3), or similar
2331 laws of any other state;
2332 (f) Is convicted of a second violation of s. 316.193, or a
2333 similar law of another state, within 3 years after a first
2334 conviction of such section or similar law of another state, even
2335 though the first violation may have occurred before the date on
2336 which the application was submitted;
2337 (g) Is adjudicated an incapacitated person under s.
2338 744.331, or similar laws of any other state; or
2339 (h) Is committed to a mental institution under chapter 394,
2340 or similar laws of any other state.
2341
2342 Notwithstanding s. 120.60(5), service of a notice of the
2343 suspension or revocation of a concealed weapon or concealed
2344 firearm license must be given by either certified mail, return
2345 receipt requested, to the licensee at his or her last known
2346 mailing address furnished to the Department of Agriculture and
2347 Consumer Services, or by personal service. If a notice given by
2348 certified mail is returned as undeliverable, a second attempt
2349 must be made to provide notice to the licensee at that address,
2350 by either first-class mail in an envelope, postage prepaid,
2351 addressed to the licensee at his or her last known mailing
2352 address furnished to the department, or, if the licensee has
2353 provided an e-mail address to the department, by e-mail. Such
2354 mailing by the department constitutes notice, and any failure by
2355 the licensee to receive such notice does not stay the effective
2356 date or term of the suspension or revocation. A request for
2357 hearing must be filed with the department within 21 days after
2358 notice is received by personal delivery, or within 26 days after
2359 the date the department deposits the notice in the United States
2360 mail (21 days plus 5 days for mailing). The department shall
2361 document its attempts to provide notice, and such documentation
2362 is admissible in the courts of this state and constitutes
2363 sufficient proof that notice was given.
2364 Section 78. Subsection (2) of section 812.0151, Florida
2365 Statutes, is amended to read:
2366 812.0151 Retail fuel theft.—
2367 (2)(a) A person commits a felony of the third degree,
2368 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2369 if he or she willfully, knowingly, and without authorization:
2370 1. Breaches a retail fuel dispenser or accesses any
2371 internal portion of a retail fuel dispenser; or
2372 2. Possesses any device constructed for the purpose of
2373 fraudulently altering, manipulating, or interrupting the normal
2374 functioning of a retail fuel dispenser.
2375 (b) A person commits a felony of the second degree,
2376 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2377 if he or she willfully, knowingly, and without authorization:
2378 1. Physically tampers with, manipulates, removes, replaces,
2379 or interrupts any mechanical or electronic component located on
2380 within the internal or external portion of a retail fuel
2381 dispenser; or
2382 2. Uses any form of electronic communication to
2383 fraudulently alter, manipulate, or interrupt the normal
2384 functioning of a retail fuel dispenser.
2385 (c) A person commits a felony of the third degree,
2386 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2387 if he or she:
2388 1. Obtains fuel as a result of violating paragraph (a) or
2389 paragraph (b); or
2390 2. Modifies a vehicle’s factory installed fuel tank or
2391 possesses any item used to hold fuel which was not fitted to a
2392 vehicle or conveyance at the time of manufacture with the intent
2393 to use such fuel tank or item to hold or transport fuel obtained
2394 as a result of violating paragraph (a) or paragraph (b); or
2395 3. Possesses or uses any form of a payment instrument that
2396 can be used, alone or in conjunction with another access device,
2397 to authorize a fuel transaction or obtain fuel, including, but
2398 not limited to, a plastic payment card with a magnetic stripe or
2399 a chip encoded with account information or both, with the intent
2400 to defraud the fuel retailer, the authorized payment instrument
2401 financial account holder, or the banking institution that issued
2402 the payment instrument financial account.
2403 Section 79. Section 812.136, Florida Statutes, is created
2404 to read:
2405 812.136 Mail theft.—
2406 (1) As used in this section, unless the context otherwise
2407 requires:
2408 (a) “Mail” means any letter, postal card, parcel, envelope,
2409 package, bag, or any other sealed article addressed to another,
2410 along with its contents.
2411 (b) “Mail depository” means a mail box, letter box, mail
2412 route, or mail receptacle of a postal service, an office of a
2413 postal service, or mail carrier of a postal service, or a
2414 vehicle of a postal service or any other authorized receptacle.
2415 (c) “Postal service” means the United States Postal Service
2416 or its contractors, or any commercial courier that delivers
2417 mail.
2418 (2) Any of the following acts constitutes mail theft:
2419 (a) Knowingly removing mail from a mail depository or
2420 taking mail from a mail carrier of a postal service with an
2421 intent to either temporarily or permanently:
2422 1. Deprive the intended recipient of such mail of their
2423 right to the mail.
2424 2. Appropriate the mail to his or her own use or the use of
2425 any person not entitled to the use of such mail.
2426 (b) Knowingly obtaining custody of mail by fraud or
2427 deception with an intent to either temporarily or permanently:
2428 1. Deprive the intended recipient of such mail of their
2429 right to the mail.
2430 2. Appropriate the mail to his or her own use or the use of
2431 any person not entitled to the use of the mail.
2432 (c) Selling, receiving, possessing, transferring, buying,
2433 or concealing mail in violation of paragraph (a) or paragraph
2434 (b) of this subsection, while knowing or having reason to know
2435 the mail was obtained illegally.
2436 (3) Any of the following constitutes theft of or
2437 unauthorized reproduction of a mail depository key or lock:
2438 (a) Knowingly obtaining or using, or endeavoring to obtain
2439 or use, any key or lock used by a postal service for a mail
2440 depository with the intent to either temporarily or permanently:
2441 1. Deprive the owner of such key or lock of their right to
2442 such key or lock.
2443 2. Appropriate the key or lock to his or her own use or the
2444 use of any person not entitled to the use of such key or lock.
2445 (b) Knowingly and unlawfully making, forging, or
2446 counterfeiting any such key or possessing any such key or lock
2447 adopted by a postal service with the intent to unlawfully or
2448 improperly use, sell, or otherwise dispose of the key or lock,
2449 or to cause the key or lock to be unlawfully or improperly used,
2450 sold, or otherwise disposed.
2451 (c) Selling, receiving, possessing, transferring, buying,
2452 or concealing a key or lock obtained in violation of paragraph
2453 (a) or paragraph (b) while knowing or having reason to know such
2454 key or lock was obtained illegally.
2455 (4)(a) Except as provided in paragraph (b), a violation of
2456 this section is a misdemeanor of the first degree, punishable as
2457 provided in s. 775.082 or s. 775.083.
2458 (b) A second or subsequent violation of this section is a
2459 felony of the third degree, punishable as provided in s. 775.082
2460 or s. 775.084.
2461 Section 80. Paragraph (i) of subsection (4) of section
2462 934.50, Florida Statutes, is amended, and a new paragraph (q) is
2463 added to that subsection, to read:
2464 934.50 Searches and seizure using a drone.—
2465 (4) EXCEPTIONS.—This section does not prohibit the use of a
2466 drone:
2467 (i) By a person or an entity engaged in a business or
2468 profession licensed by the state, or by an agent, employee, or
2469 contractor thereof, if the drone is used only to perform
2470 reasonable tasks within the scope of practice or activities
2471 permitted under such person’s or entity’s license. However, this
2472 exception does not apply to a profession in which the licensee’s
2473 authorized scope of practice includes obtaining information
2474 about the identity, habits, conduct, movements, whereabouts,
2475 affiliations, associations, transactions, reputation, or
2476 character of any society, person, or group of persons.
2477 (q) By a local governmental entity, or a person under
2478 contract with or acting under the direction of such entity, for
2479 the purpose of managing and eradicating plant or animal diseases
2480 or activities consistent with chapters 369, 388, and 487.
2481 Section 81. Section 1013.373, Florida Statutes, is created
2482 to read:
2483 1013.373 Educational facilities used for agricultural
2484 education.—
2485 (1) Notwithstanding any other provision of law, a local
2486 government may not adopt any ordinance, regulation, rule, or
2487 policy to prohibit, restrict, regulate, or otherwise limit any
2488 activities of public educational facilities and auxiliary
2489 facilities constructed by a board for agricultural education,
2490 for Future Farmers of America or 4-H activities, or the storage
2491 of any animal or equipment therein.
2492 (2) Lands used for agricultural education or for Future
2493 Farmers of America or 4-H activities are considered agricultural
2494 lands pursuant to s. 193.461 and subject to s. 823.14.
2495 Section 82. For the purpose of incorporating the amendment
2496 made by this act to section 110.205, Florida Statutes, in a
2497 reference thereto, paragraph (a) of subsection (5) of section
2498 295.07, Florida Statutes, is reenacted to read:
2499 295.07 Preference in appointment and retention.—
2500 (5) The following positions are exempt from this section:
2501 (a) Those positions that are exempt from the state Career
2502 Service System under s. 110.205(2); however, all positions under
2503 the University Support Personnel System of the State University
2504 System as well as all Career Service System positions under the
2505 Florida College System and the School for the Deaf and the
2506 Blind, or the equivalent of such positions at state
2507 universities, Florida College System institutions, or the School
2508 for the Deaf and the Blind, are not exempt.
2509 Section 83. For the purpose of incorporating the amendment
2510 made by this act to section 388.271, Florida Statutes, in a
2511 reference thereto, paragraph (a) of subsection (1) of section
2512 189.062, Florida Statutes, is reenacted to read:
2513 189.062 Special procedures for inactive districts.—
2514 (1) The department shall declare inactive any special
2515 district in this state by documenting that:
2516 (a) The special district meets one of the following
2517 criteria:
2518 1. The registered agent of the district, the chair of the
2519 governing body of the district, or the governing body of the
2520 appropriate local general-purpose government notifies the
2521 department in writing that the district has taken no action for
2522 2 or more years;
2523 2. The registered agent of the district, the chair of the
2524 governing body of the district, or the governing body of the
2525 appropriate local general-purpose government notifies the
2526 department in writing that the district has not had a governing
2527 body or a sufficient number of governing body members to
2528 constitute a quorum for 2 or more years;
2529 3. The registered agent of the district, the chair of the
2530 governing body of the district, or the governing body of the
2531 appropriate local general-purpose government fails to respond to
2532 an inquiry by the department within 21 days;
2533 4. The department determines, pursuant to s. 189.067, that
2534 the district has failed to file any of the reports listed in s.
2535 189.066;
2536 5. The district has not had a registered office and agent
2537 on file with the department for 1 or more years;
2538 6. The governing body of a special district provides
2539 documentation to the department that it has unanimously adopted
2540 a resolution declaring the special district inactive. The
2541 special district is responsible for payment of any expenses
2542 associated with its dissolution;
2543 7. The district is an independent special district or a
2544 community redevelopment district created under part III of
2545 chapter 163 that has reported no revenue, no expenditures, and
2546 no debt under s. 189.016(9) or s. 218.32 for at least 5
2547 consecutive fiscal years beginning no earlier than October 1,
2548 2018. This subparagraph does not apply to a community
2549 development district established under chapter 190 or to any
2550 independent special district operating pursuant to a special act
2551 that provides that any amendment to chapter 190 to grant
2552 additional powers constitutes a power of that district; or
2553 8. For a mosquito control district created pursuant to
2554 chapter 388, the department has received notice from the
2555 Department of Agriculture and Consumer Services that the
2556 district has failed to file a tentative work plan and tentative
2557 detailed work plan budget as required by s. 388.271.
2558 Section 84. For the purpose of incorporating the amendment
2559 made by this act to section 482.161, Florida Statutes, in a
2560 reference thereto, paragraph (b) of subsection (3) of section
2561 482.072, Florida Statutes, is reenacted to read:
2562 482.072 Pest control customer contact centers.—
2563 (3)
2564 (b) Notwithstanding any other provision of this section:
2565 1. A customer contact center licensee is subject to
2566 disciplinary action under s. 482.161 for a violation of this
2567 section or a rule adopted under this section committed by a
2568 person who solicits pest control services or provides customer
2569 service in a customer contact center.
2570 2. A pest control business licensee may be subject to
2571 disciplinary action under s. 482.161 for a violation of this
2572 section or a rule adopted under this section committed by a
2573 person who solicits pest control services or provides customer
2574 service in a customer contact center operated by a licensee if
2575 the licensee participates in the violation.
2576 Section 85. For the purpose of incorporating the amendment
2577 made by this act to section 482.161, Florida Statutes, in a
2578 reference thereto, section 482.163, Florida Statutes, is
2579 reenacted to read:
2580 482.163 Responsibility for pest control activities of
2581 employee.—Proper performance of pest control activities by a
2582 pest control business employee is the responsibility not only of
2583 the employee but also of the certified operator in charge, and
2584 the certified operator in charge may be disciplined pursuant to
2585 the provisions of s. 482.161 for the pest control activities of
2586 an employee. A licensee may not automatically be considered
2587 responsible for violations made by an employee. However, the
2588 licensee may not knowingly encourage, aid, or abet violations of
2589 this chapter.
2590 Section 86. For the purpose of incorporating the amendment
2591 made by this act to section 487.044, Florida Statutes, in a
2592 reference thereto, section 487.156, Florida Statutes, is
2593 reenacted to read:
2594 487.156 Governmental agencies.—All governmental agencies
2595 shall be subject to the provisions of this part and rules
2596 adopted under this part. Public applicators using or supervising
2597 the use of restricted-use pesticides shall be subject to
2598 examination as provided in s. 487.044.
2599 Section 87. For the purpose of incorporating the amendment
2600 made by this act to section 496.405, Florida Statutes, in a
2601 reference thereto, subsection (2) of section 496.4055, Florida
2602 Statutes, is reenacted to read:
2603 496.4055 Charitable organization or sponsor board duties.—
2604 (2) The board of directors, or an authorized committee
2605 thereof, of a charitable organization or sponsor required to
2606 register with the department under s. 496.405 shall adopt a
2607 policy regarding conflict of interest transactions. The policy
2608 shall require annual certification of compliance with the policy
2609 by all directors, officers, and trustees of the charitable
2610 organization. A copy of the annual certification shall be
2611 submitted to the department with the annual registration
2612 statement required by s. 496.405.
2613 Section 88. For the purpose of incorporating the amendment
2614 made by this act to section 496.405, Florida Statutes, in
2615 references thereto, subsections (2) and (4) of section 496.406,
2616 Florida Statutes, are reenacted to read:
2617 496.406 Exemption from registration.—
2618 (2) Before soliciting contributions, a charitable
2619 organization or sponsor claiming to be exempt from the
2620 registration requirements of s. 496.405 under paragraph (1)(d)
2621 must submit annually to the department, on forms prescribed by
2622 the department:
2623 (a) The name, street address, and telephone number of the
2624 charitable organization or sponsor, the name under which it
2625 intends to solicit contributions, the purpose for which it is
2626 organized, and the purpose or purposes for which the
2627 contributions to be solicited will be used.
2628 (b) The tax exempt status of the organization.
2629 (c) The date on which the organization’s fiscal year ends.
2630 (d) The names, street addresses, and telephone numbers of
2631 the individuals or officers who have final responsibility for
2632 the custody of the contributions and who will be responsible for
2633 the final distribution of the contributions.
2634 (e) A financial statement of support, revenue, and expenses
2635 and a statement of functional expenses that must include, but
2636 not be limited to, expenses in the following categories:
2637 program, management and general, and fundraising. In lieu of the
2638 financial statement, a charitable organization or sponsor may
2639 submit a copy of its Internal Revenue Service Form 990 and all
2640 attached schedules or Internal Revenue Service Form 990-EZ and
2641 Schedule O.
2642 (4) Exemption from the registration requirements of s.
2643 496.405 does not limit the applicability of other provisions of
2644 this section to a charitable organization or sponsor.
2645 Section 89. For the purpose of incorporating the amendment
2646 made by this act to section 500.12, Florida Statutes, in a
2647 reference thereto, paragraph (a) of subsection (1) of section
2648 500.80, Florida Statutes, is reenacted to read:
2649 500.80 Cottage food operations.—
2650 (1)(a) A cottage food operation must comply with the
2651 applicable requirements of this chapter but is exempt from the
2652 permitting requirements of s. 500.12 if the cottage food
2653 operation complies with this section and has annual gross sales
2654 of cottage food products that do not exceed $250,000.
2655 Section 90. For the purpose of incorporating the amendment
2656 made by this act to section 500.172, Florida Statutes, in a
2657 reference thereto, subsection (6) of section 500.121, Florida
2658 Statutes, is reenacted to read:
2659 500.121 Disciplinary procedures.—
2660 (6) If the department determines that a food offered in a
2661 food establishment is labeled with nutrient claims that are in
2662 violation of this chapter, the department shall retest or
2663 reexamine the product within 90 days after notification to the
2664 manufacturer and to the firm at which the product was collected.
2665 If the product is again found in violation, the department shall
2666 test or examine the product for a third time within 60 days
2667 after the second notification. The product manufacturer shall
2668 reimburse the department for the cost of the third test or
2669 examination. If the product is found in violation for a third
2670 time, the department shall exercise its authority under s.
2671 500.172 and issue a stop-sale or stop-use order. The department
2672 may impose additional sanctions for violations of this
2673 subsection.
2674 Section 91. For the purpose of incorporating the amendment
2675 made by this act to section 790.06, Florida Statutes, in a
2676 reference thereto, section 790.061, Florida Statutes, is
2677 reenacted to read:
2678 790.061 Judges and justices; exceptions from licensure
2679 provisions.—A county court judge, circuit court judge, district
2680 court of appeal judge, justice of the supreme court, federal
2681 district court judge, or federal court of appeals judge serving
2682 in this state is not required to comply with the provisions of
2683 s. 790.06 in order to receive a license to carry a concealed
2684 weapon or firearm, except that any such justice or judge must
2685 comply with the provisions of s. 790.06(2)(h). The Department of
2686 Agriculture and Consumer Services shall issue a license to carry
2687 a concealed weapon or firearm to any such justice or judge upon
2688 demonstration of competence of the justice or judge pursuant to
2689 s. 790.06(2)(h).
2690 Section 92. Except as otherwise expressly provided in this
2691 act, this act shall take effect July 1, 2025.
2692
2693 ================= T I T L E A M E N D M E N T ================
2694 And the title is amended as follows:
2695 Delete everything before the enacting clause
2696 and insert:
2697 A bill to be entitled
2698 An act relating to the Department of Agriculture and
2699 Consumer Services; amending s. 110.205, F.S.;
2700 providing that certain positions in the department are
2701 exempt from the Career Service System; amending s.
2702 163.3162, F.S.; defining terms; prohibiting
2703 governmental entities from adopting or enforcing any
2704 legislation that inhibits the construction of housing
2705 for legally verified agricultural workers on
2706 agricultural land operated as a bona fide farm;
2707 requiring that the construction or installation of
2708 such housing units on agricultural lands satisfies
2709 certain criteria; requiring that local ordinances
2710 comply with certain regulations; authorizing
2711 governmental entities to adopt local land use
2712 regulations that are less restrictive; requiring
2713 property owners to maintain certain records for a
2714 specified timeframe; requiring that use of a housing
2715 site be discontinued and authorizing the removal of a
2716 such site under certain circumstances; specifying
2717 applicability of permit allocation systems in certain
2718 areas of critical state concern; authorizing the
2719 continued use of housing sites constructed before the
2720 effective date of the act if certain conditions are
2721 met; requiring the department to adopt certain rules;
2722 providing for enforcement; requiring the department to
2723 submit certain information to the State Board of
2724 Immigration Enforcement on a certain schedule;
2725 amending s. 201.25, F.S.; conforming a provision to
2726 changes made by the act; amending s. 253.0341, F.S.;
2727 authorizing the department to surplus certain lands
2728 determined to be suitable for bona fide agricultural
2729 production; requiring the department to consult with
2730 the Department of Environmental Protection before
2731 making such determination; requiring the Department of
2732 Agriculture and Consumer Services to retain a rural
2733 lands-protection easement for all surplused lands and
2734 deposit all proceeds into a specified trust fund;
2735 requiring the department to provide a report of lands
2736 surplused to the board of trustees; providing that
2737 certain lands are ineligible to be surplused;
2738 providing for retroactive applicability; amending s.
2739 330.41, F.S.; defining terms; prohibiting a person
2740 from knowingly or willfully performing certain actions
2741 on lands classified as agricultural; providing
2742 criminal penalties; providing applicability;
2743 prohibiting a person from knowingly or willfully
2744 performing certain actions on private property, state
2745 wildlife management lands, or a sport shooting and
2746 training range; providing criminal penalties;
2747 providing applicability; creating s. 366.20, F.S.;
2748 requiring that certain lands acquired or owned by an
2749 electric utility by a certain date be offered for fee
2750 simple acquisition by the department before the land
2751 may be offered for sale or transfer to a private
2752 individual or entity; requiring an electric utility to
2753 issue a written intent to sell through certified mail
2754 to the Commissioner of Agriculture within a specified
2755 timeframe before offering to sell or transferring
2756 certain lands; authorizing the commissioner to issue a
2757 written intent to purchase via certified mail within a
2758 specified timeframe after receipt of such written
2759 intent to sell; requiring the electric utility to be
2760 released from certain provisions under certain
2761 circumstances; requiring that certain offers accepted
2762 and received by the department within a specified
2763 timeframe be executed no later than a certain date;
2764 requiring the department to adopt rules; amending s.
2765 366.94, F.S.; defining the term “electric vehicle
2766 charging station”; authorizing the department to adopt
2767 rules; requiring local governmental entities to issue
2768 permits for electric vehicle charging stations based
2769 on specified standards and provisions of law;
2770 requiring that an electric vehicle charger be
2771 registered with the department before being placed
2772 into service for use by the public; providing the
2773 department with certain authority relating to electric
2774 vehicle charging stations; providing a penalty;
2775 authorizing the department to issue an immediate final
2776 order to an electric vehicle charging station under
2777 certain circumstances; providing that the department
2778 may bring an action to enjoin a violation of specified
2779 provisions or rules; requiring the court to issue a
2780 temporary or permanent injunction under certain
2781 circumstances; amending s. 388.011, F.S.; revising the
2782 definition of the terms “board of commissioners” and
2783 “district”; defining the term “program”; amending s.
2784 388.021, F.S.; making a technical change; amending s.
2785 388.181, F.S.; authorizing programs to perform
2786 specified actions; amending s. 388.201, F.S.;
2787 conforming provisions to changes made by the act;
2788 requiring that the tentative work plan budget covering
2789 the proposed operations and requirements for arthropod
2790 control measures show the estimated amount to be
2791 raised by county, municipality, or district taxes;
2792 requiring that county commissioners’ or a similar
2793 governing body’s mosquito control budget be made and
2794 adopted pursuant to specified provisions and requiring
2795 that summary figures be incorporated into the county
2796 budgets as prescribed by the department; amending s.
2797 388.241, F.S.; providing that certain rights, powers,
2798 and duties be vested in the board of county
2799 commissioners or similar governing body of a county,
2800 city, or town; amending s. 388.261, F.S.; increasing
2801 the amount of state funds, supplies, services, or
2802 equipment for a certain number of years for any new
2803 program for the control of mosquitos and other
2804 arthropods which serves an area not previously served
2805 by a county, municipality, or district; conforming a
2806 provision to changes made by the act; amending s.
2807 388.271, F.S.; requiring each program participating in
2808 arthropod control activities to file a tentative
2809 integrated arthropod management plan with the
2810 department by a specified date; conforming provisions
2811 to changes made by the act; amending s. 388.281, F.S.;
2812 requiring that all funds, supplies, and services
2813 released to programs be used in accordance with the
2814 integrated arthropod management plan and certified
2815 budget; requiring that such integrated arthropod
2816 management plan and certified budget be approved by
2817 both the department and the board of county
2818 commissioners and an appropriate representative;
2819 conforming provisions to changes made by the act;
2820 amending s. 388.291, F.S.; providing that a program
2821 may perform certain source reduction measures in any
2822 area providing that the department has approved the
2823 operating or construction plan as outlined in the
2824 integrated arthropod management plan; conforming
2825 provisions to changes made by the act; amending s.
2826 388.301, F.S.; revising the schedule by which state
2827 funds for the control of mosquitos and other
2828 arthropods may be paid; conforming provisions to
2829 changes made by the act; amending s. 388.311, F.S.;
2830 conforming provisions to changes made by the act;
2831 amending s. 388.321, F.S.; conforming provisions to
2832 changes made by the act; amending s. 388.322, F.S.;
2833 requiring the department to maintain a record and
2834 inventory of certain property purchased with state
2835 funds for arthropod control use; conforming provisions
2836 to changes made by the act; amending s. 388.323, F.S.;
2837 providing that certain equipment no longer needed by a
2838 program be first offered for sale to other programs
2839 engaged in arthropod control at a specified price;
2840 requiring that all proceeds from the sale of certain
2841 property owned by a program and purchased using state
2842 funds be deposited in the program’s state fund
2843 account; conforming provisions to changes made by the
2844 act; amending s. 388.341, F.S.; requiring a program
2845 receiving state aid to submit a monthly report of all
2846 expenditures from all funds for arthropod control by a
2847 specified timeframe as may be required by the
2848 department; conforming provisions to changes made by
2849 the act; amending s. 388.351, F.S.; conforming
2850 provisions to changes made by the act; amending s.
2851 388.361, F.S.; conforming provisions to changes made
2852 by the act; amending s. 388.3711, F.S.; revising the
2853 department’s enforcement powers; amending s. 388.381,
2854 F.S.; conforming provisions to changes made by the
2855 act; amending s. 388.391, F.S.; conforming provisions
2856 to changes made by the act; amending s. 388.401, F.S.;
2857 conforming provisions to changes made by the act;
2858 amending s. 388.46, F.S.; revising the composition of
2859 the Florida Coordinating Council on Mosquito Control;
2860 amending s. 403.067, F.S.; providing an exception for
2861 inspection requirements for certain agricultural
2862 producers; authorizing the department to adopt rules
2863 establishing an enrollment in best management
2864 practices by rule process; authorizing the department
2865 to identify best management practices for specified
2866 landowners; requiring the department to perform onsite
2867 inspections annually of a certain percentage of all
2868 enrollments that meet specified qualifications within
2869 a specified area; providing requirements for such
2870 inspections; requiring agricultural producers enrolled
2871 by rule in a best management practice to submit
2872 nutrient records annually to the department; requiring
2873 the department to collect and retain such records;
2874 amending s. 403.852, F.S.; defining the term “water
2875 quality additive”; amending s. 403.859, F.S.;
2876 prohibiting the use of certain additives in a water
2877 system which do not meet specified requirements;
2878 amending s. 482.111, F.S.; revising requirements for
2879 the renewal of a pest control operator’s certificate;
2880 authorizing a third-party vendor to collect and retain
2881 a convenience fee; amending s. 482.141, F.S.;
2882 requiring the department to provide in-person and
2883 remote testing for the examination through a third
2884 party vendor for an individual seeking pest control
2885 operator certification; authorizing a third-party
2886 vendor to collect and retain a convenience fee;
2887 amending s. 482.155, F.S.; requiring the department to
2888 provide in-person and remote testing for the
2889 examination through a third-party vendor for an
2890 individual seeking limited certification for a
2891 governmental pesticide applicator or a private
2892 applicator; authorizing a third-party vendor to
2893 collect and retain a convenience fee; deleting
2894 provisions requiring the department to make such
2895 examination readily accessible and available to all
2896 applicants on a specified schedule; amending s.
2897 482.156, F.S.; requiring the department to provide in
2898 person and remote testing for the examination through
2899 a third-party vendor for an individual seeking a
2900 limited certification for commercial landscape
2901 maintenance; authorizing a third-party vendor to
2902 collect and retain a convenience fee; deleting
2903 provisions requiring the department to make such
2904 examination readily accessible and available to all
2905 applicants on a specified schedule; amending s.
2906 482.157, F.S.; revising requirements for issuance of a
2907 limited certification for commercial wildlife
2908 management personnel; authorizing a third-party vendor
2909 to collect and retain a convenience fee; deleting
2910 provisions requiring the department to make an
2911 examination readily accessible and available to all
2912 applicants on a specified schedule; amending s.
2913 482.161, F.S.; authorizing the department to take
2914 specified disciplinary action upon the issuance of a
2915 final order imposing civil penalties or a criminal
2916 conviction pursuant to the Federal Insecticide,
2917 Fungicide, and Rodenticide Act; amending s. 487.044,
2918 F.S.; requiring the department to provide in-person
2919 and remote testing through a third-party vendor for
2920 the examination of an individual seeking a limited
2921 certification for pesticide application; authorizing a
2922 third-party vendor to collect and retain a convenience
2923 fee; amending s. 487.175, F.S.; providing that the
2924 department may suspend, revoke, or deny licensure of a
2925 pesticide applicator upon issuance of a final order to
2926 a licensee which imposes civil penalties or a criminal
2927 conviction under the Federal Insecticide, Fungicide,
2928 and Rodenticide Act; amending s. 496.404, F.S.;
2929 defining the terms “foreign country of concern” and
2930 “foreign source of concern”; amending s. 496.405,
2931 F.S.; revising which documents a charitable
2932 organization or sponsor must file before engaging in
2933 specified activities; requiring that any changes to
2934 such documents be reported to the department on a
2935 specified form in a specified timeframe; revising the
2936 requirements of the charitable organization’s initial
2937 registration statement; authorizing the department to
2938 investigate or refer to the Florida Elections
2939 Commission certain violations of the charitable
2940 organization or sponsor; amending s. 496.415, F.S.;
2941 prohibiting specified persons from soliciting or
2942 accepting anything of value from a foreign source of
2943 concern; providing penalties; amending s. 496.417,
2944 F.S.; authorizing the department to investigate or
2945 refer to the Florida Elections Commission certain
2946 violations of a charitable organization or sponsor;
2947 amending s. 496.419, F.S.; providing penalties for a
2948 charitable organization or sponsor whose registration
2949 is denied or revoked for submitting a false
2950 attestation; creating s. 496.431, F.S.; requiring the
2951 department to create the Honest Services Registry to
2952 provide residents with information relating to
2953 charitable organizations; requiring a charitable
2954 organization included in the Honest Services Registry
2955 to submit an attestation statement to the department;
2956 requiring the department to publish the Honest
2957 Services Registry on the department’s website;
2958 requiring the department to adopt rules; amending s.
2959 500.03, F.S.; revising the definition of the term
2960 “cottage food product”; amending s. 500.12, F.S.;
2961 providing that the department requires a food permit
2962 from any person or business that operates a food
2963 establishment; revising exceptions; revising the
2964 schedule for renewing certain food permits;
2965 authorizing the department to establish a single
2966 permit renewal date for certain food establishments;
2967 amending s. 500.166, F.S.; requiring certain persons
2968 engaged in interstate commerce to retain all records
2969 that show certain information for a specified
2970 timeframe; amending s. 500.172, F.S.; authorizing the
2971 department to facilitate the destruction of certain
2972 articles that violate specified provisions;
2973 prohibiting certain persons from certain actions
2974 without permission from, or in accord with a written
2975 agreement with, the department; creating s. 500.75,
2976 F.S.; providing that it is unlawful to transport or
2977 offer to transport, import into this state, sell or
2978 offer for sale, furnish, or give away certain spores
2979 or mycelium; providing a penalty; creating s. 500.93,
2980 F.S.; defining terms; requiring the department to
2981 adopt rules to enforce the Food and Drug
2982 Administration’s standard of identity for milk, meat,
2983 poultry, and poultry products, and eggs and egg
2984 products to prohibit the sale of plant-based products
2985 mislabeled as milk, meat, poultry, or poultry
2986 products, or egg or egg products; providing contingent
2987 effective dates; requiring the department to adopt
2988 rules; providing construction; repealing s. 501.135,
2989 F.S., relating to consumer unit pricing; amending s.
2990 501.912, F.S.; revising the definition of the term
2991 “antifreeze”; creating s. 525.19, F.S.; requiring the
2992 department to create an annual petroleum registration
2993 program for petroleum owners or operators; requiring
2994 the department to adopt rules for such registration
2995 which include specified information; requiring that
2996 the registration program be free for all registrants;
2997 authorizing the department to require registrants to
2998 provide certain information during a state of
2999 emergency; creating s. 526.147, F.S.; creating the
3000 Florida Retail Fuel Transfer Switch Modernization
3001 Grant Program within the department; requiring the
3002 grant program to provide funds up to a certain amount
3003 to be used for installation and equipment costs
3004 related to installing or modernizing transfer switch
3005 infrastructure at retail fuel facilities; requiring
3006 the department to award funds based on specified
3007 criteria; requiring retail fuel facilities awarded
3008 grant funds to comply with specified provisions;
3009 requiring such facilities to install a transfer switch
3010 with specified capabilities; requiring retail fuel
3011 facilities to provide specified documentation before
3012 being awarded funding; prohibiting certain facilities
3013 from being awarded funding; requiring the department,
3014 in consultation with the Division of Emergency
3015 Management, to adopt rules; requiring that such rules
3016 include specified information; amending s. 531.48,
3017 F.S.; requiring that certain packages bear specified
3018 information on the outside of the package; amending s.
3019 531.49, F.S.; revising requirements for the
3020 advertising of a packaged commodity; amending s.
3021 564.06, F.S.; requiring that a certain percentage of
3022 revenues collected from certain excise taxes be
3023 deposited into the Florida Wine Trust Fund; amending
3024 s. 570.07, F.S.; requiring the department to foster
3025 and encourage the employment and retention of
3026 qualified veterinary pathologists; providing that the
3027 department may reimburse the educational expenses of
3028 certain veterinary pathologists who enter into a
3029 certain agreement with the department; requiring the
3030 department to adopt certain rules; requiring the
3031 department to extend certain opportunities to public
3032 school students enrolled in agricultural education to
3033 support Future Farmers of America programming;
3034 requiring the department to use contracts procured by
3035 agencies; defining the term “agency”; amending s.
3036 570.544, F.S.; revising which provisions the director
3037 of the Division of Consumer Services must enforce;
3038 creating s. 570.546, F.S.; authorizing the department
3039 to create a process for the bulk renewal of licenses;
3040 authorizing the department to create a process that
3041 will allow licensees to align the expiration dates of
3042 licenses within a specified program; authorizing the
3043 department to change the expiration date for current
3044 licenses for a certain purpose; requiring the
3045 department to prorate the licensing fee for certain
3046 licenses; requiring the department to adopt rules;
3047 creating s. 570.694, F.S.; creating the Florida
3048 Aquaculture Foundation as a direct support
3049 organization within the department; providing the
3050 purpose of the foundation; providing governance for
3051 the foundation; authorizing the department to appoint
3052 an advisory committee adjunct to the foundation;
3053 amending s. 570.822, F.S.; revising the definition of
3054 the terms “declared natural disaster” and “program”;
3055 providing that loan funds from the department may be
3056 used to restock aquaculture; authorizing the
3057 department to renew a loan application under certain
3058 circumstances; authorizing the department to defer or
3059 waive loan payments under certain circumstances;
3060 conforming provisions to changes made by the act;
3061 creating s. 570.823, F.S.; defining terms;
3062 establishing the silviculture emergency recovery
3063 program within the department to administer a grant
3064 program to assist certain timber landowners; requiring
3065 that such grants be used for certain purposes;
3066 requiring that only timber lands located on
3067 agricultural property are eligible for the program;
3068 requiring the department to coordinate with state
3069 agencies to provide financial assistance to timber
3070 landowners after a specified declared emergency;
3071 providing construction; authorizing the department to
3072 adopt rules to implement this section; providing
3073 construction; creating s. 570.831, F.S.; requiring the
3074 Cattle Enhancement Board, Inc., in coordination with
3075 the department, to establish a Florida beef marketing
3076 program, subject to appropriation; providing a purpose
3077 for such program; amending s. 581.1843, F.S.; deleting
3078 provisions that exclude certain citrus nurseries from
3079 certain requirements; deleting provisions relating to
3080 regulated areas around the perimeter of commercial
3081 citrus nurseries; repealing ss. 593.101, 593.102,
3082 593.103, 593.104, 593.105, 593.106, 593.107, 593.108,
3083 593.109, 593.11, 593.111, 593.112, 593.113, 593.114,
3084 593.1141, 593.1142, 593.115, 593.116, and 593.117,
3085 F.S., relating to the Florida Boll Weevil Eradication
3086 Law; definitions; powers and duties of Department of
3087 Agriculture and Consumer Services; the entry of
3088 premises to carry out boll weevil eradication
3089 activities and inspections; reports by persons growing
3090 cotton; quarantine areas and the regulation of
3091 articles within a boll weevil eradication zone; the
3092 regulation of collection, transportation,
3093 distribution, and movement of cotton; cooperative
3094 programs for persons engaged in growing, processing,
3095 marketing, or handling cotton; the department’s
3096 authority to designate eradication zones, prohibit
3097 planting of cotton, and require participation in
3098 eradication program; regulation of the pasturage of
3099 livestock, entry by persons, and location of honeybee
3100 colonies in eradication zones and other areas;
3101 eligibility for certification of cotton growers’
3102 organization; the certification of cotton growers’
3103 organization; a referendum; an assessment; the
3104 department’s authority to enter agreements with the
3105 Farm Service Agency; liens; mandamus or injunction;
3106 penalty for violation; and the handling of moneys
3107 received, respectively; amending s. 595.404, F.S.;
3108 revising the department’s powers and duties regarding
3109 school nutrition programs; amending s. 599.002, F.S.;
3110 renaming the Viticulture Advisory Council as the
3111 Florida Wine Advisory Council; revising the membership
3112 of the Florida Wine Advisory Council; conforming
3113 provisions to changes made by the act; amending s.
3114 599.003, F.S.; renaming the State Viticulture Plan as
3115 the State Wine Plan; conforming provisions to changes
3116 made by the act; amending s. 599.004, F.S.; making
3117 technical changes; providing that wineries that fail
3118 to recertify annually or pay a specified licensing fee
3119 are subject to certain actions and costs; conforming
3120 provisions to changes made by the act; amending s.
3121 599.012, F.S.; conforming provisions to changes made
3122 by the act; amending s. 616.12, F.S.; deleting
3123 provisions requiring a person who operates a minstrel
3124 show in connection with any certain public fairs to
3125 pay specified license taxes; deleting a provision that
3126 exempts such person from paying specified taxes;
3127 creating s. 687.16, F.S.; providing a short title;
3128 defining terms; prohibiting a financial institution
3129 from discriminating in the provision of financial
3130 services to an agricultural producer based on an ESG
3131 factor; providing an inference with regard to a
3132 certain violation; providing that the financial
3133 institution may overcome the inference by making
3134 certain demonstrations regarding its denial or
3135 restriction of financial services to an agricultural
3136 producer; authorizing the Attorney General to enforce
3137 specified provisions; providing that a violation of
3138 specified provisions constitutes an unfair and
3139 deceptive trade practice; authorizing the Attorney
3140 General to investigate and seek remedies for such
3141 unfair trade practices; authorizing an aggrieved party
3142 to seek an action for damages; amending s. 741.0305,
3143 F.S.; conforming a cross-reference; amending s.
3144 790.06, F.S.; revising the circumstances under which
3145 the department may temporarily suspend a person’s
3146 license to carry a concealed weapon or concealed
3147 firearm or the processing of an application for such
3148 license; requiring the department to notify certain
3149 licensees or applicants of their right to a hearing;
3150 requiring the department to issue an order confirming
3151 the end of a suspension within a specified timeframe
3152 after an applicant or licensee submits a copy of a
3153 specified document to the department; requiring that
3154 such document be sent through electronic or certified
3155 mail to a specified location; requiring that the
3156 suspension remain in effect upon a certain disposition
3157 of a criminal case or injunction; providing
3158 construction; providing legislative findings; revising
3159 the duties of the department after the date of receipt
3160 of a completed application for a license to carry a
3161 concealed weapon or concealed firearm; requiring that
3162 a license issued under this section be temporarily
3163 suspended or revoked if the license was issued in
3164 error or if the licensee commits certain actions;
3165 amending s. 812.0151, F.S.; revising the elements of
3166 third degree and second degree felony retail fuel
3167 theft; creating s. 812.136, F.S.; defining terms;
3168 providing elements for the crime of mail theft;
3169 providing elements of theft of or unauthorized
3170 reproduction of a mail depository key or lock;
3171 providing criminal penalties; amending s. 934.50,
3172 F.S.; deleting certain exceptions from the prohibited
3173 uses of drones; providing that a drone may be used for
3174 certain purposes by a local governmental entity or
3175 person under contract with or acting under the
3176 direction of such entity; creating s. 1013.373, F.S.;
3177 prohibiting a local government from adopting any
3178 measure to limit the activities of public educational
3179 facilities or auxiliary facilities constructed by
3180 certain organizations; requiring that lands used for
3181 agricultural education or for the Future Farmers of
3182 America or 4-H activities be considered agricultural
3183 lands; reenacting s. 295.07(5)(a), F.S., relating to
3184 preference in appointment and retention, to
3185 incorporate the amendment made to s. 110.205, F.S., in
3186 a reference thereto; reenacting s. 189.062(1)(a),
3187 F.S., relating to special procedures for inactive
3188 districts and state aid to counties, to incorporate
3189 the amendment made to s. 388.271, F.S., in references
3190 thereto; reenacting ss. 482.072(3)(b) and 482.163,
3191 F.S., relating to pest control customer contact
3192 centers and responsibility for pest control activities
3193 of employee, respectively, to incorporate the
3194 amendment made to s. 482.161, F.S., in references
3195 thereto; reenacting s. 487.156, F.S., relating to
3196 governmental agencies, to incorporate the amendment
3197 made to s. 487.044, F.S., in a reference thereto;
3198 reenacting ss. 496.4055(2) and 496.406(2) and (4),
3199 F.S., relating to charitable organization or sponsor
3200 board duties and exemption from registration,
3201 respectively, to incorporate the amendment made to s.
3202 496.405, F.S., in references thereto; reenacting s.
3203 500.80(1)(a), F.S., relating to cottage food
3204 operations, to incorporate the amendment made to s.
3205 500.12, F.S., in a reference thereto; reenacting s.
3206 500.121(6), F.S., relating to disciplinary procedures,
3207 to incorporate the amendment made to s. 500.172, F.S.,
3208 in a reference thereto; reenacting s. 790.061, F.S.,
3209 relating to judges and justices, to incorporate the
3210 amendment made to s. 790.06, F.S., in a reference
3211 thereto; providing effective dates.