Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 700
Ì5077908Î507790
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/11/2025 .
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The Committee on Agriculture (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 written notice of intent is
89 required to be submitted to the Department of Health pursuant to
90 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 must be located at least 100 feet from a
106 property line adjacent to property zoned for residential use. If
107 the housing site is located less than 250 feet from any property
108 line, screening must be provided between the housing site and
109 any residentially developed adjacent parcels that are under
110 different ownership. The screening may be designed in any of the
111 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 or
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 or 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, new
254 paragraphs (a) and (f) and paragraphs (g), (h), and (i) are
255 added to subsection (2) and new subsection (6) and subsection
256 (7) are added to that section, and paragraph (d) of subsection
257 (4) of 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. Allow a drone to make contact with any person or object
289 on the premises of or within the boundaries of such lands.
290 2. Allow a drone to come within a distance close enough to
291 such lands to interfere with or cause a disturbance to
292 agricultural production.
293 (b) A person who violates paragraph (a) commits a
294 misdemeanor of the second degree, punishable as provided in s.
295 775.082 or s. 775.083. A person who commits a second or
296 subsequent violation commits a misdemeanor of the first degree,
297 punishable as provided in s. 775.082 or s. 775.083.
298 (c) This subsection does not apply to actions identified in
299 paragraph (a) which are committed by:
300 1. The owner of the agricultural lands, or a person acting
301 under the prior written consent of the owner of the agricultural
302 lands.
303 2. A person or entity acting in compliance with the
304 provisions of s. 934.50.
305 (7) PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING
306 LANDS.—
307 (a) A person may not knowingly or willfully allow a drone
308 to make contact with private property, state wildlife management
309 lands, or a sport shooting and training range or any person or
310 object on the premises of or within such property with the
311 intent to harass.
312 (b) A person who violates paragraph (a) commits a
313 misdemeanor of the second degree, punishable as provided in s.
314 775.082 or s. 775.083. A person who commits a second or
315 subsequent violation commits a misdemeanor of the first degree,
316 punishable as provided in s. 775.082 or s. 775.083.
317 (c) A person who violates paragraph (a) and records video
318 of the private property, state wildlife management lands, or
319 sport shooting and training range, including any person or
320 object on the premises of or within the private property, state
321 wildlife management lands, or sport shooting and training range,
322 commits a misdemeanor of the first degree, punishable as
323 provided in s. 775.082 or s. 775.083. A person who commits a
324 second or subsequent violation commits a felony of the third
325 degree, punishable as provided in s. 775.082, s. 775.083, or s.
326 775.084.
327 (d) This subsection does not apply to actions identified in
328 paragraph (a) which are committed by:
329 1. The property owner of the private property or sport
330 shooting and training range, or a person acting under the prior
331 written consent of the property owner.
332 2. A person or entity acting in compliance with the
333 provisions of s. 934.50.
334 Section 6. Section 366.20, Florida Statutes, is created to
335 read:
336 366.20 Sale and management of lands owned by electric
337 utilities.—
338 (1) Lands acquired by an electric utility as defined in s.
339 361.11(2) which have been classified as agricultural lands
340 pursuant to s. 193.461 at any time in the 5 years preceding the
341 acquisition of the land by the electric utility must be offered
342 for fee simple acquisition by the Department of Agriculture and
343 Consumer Services before offering for sale or transferring the
344 land to a private individual or entity.
345 (2) Lands owned by an electric utility as defined in s.
346 361.11(2) which were classified as agricultural lands pursuant
347 to s. 193.461 at any time in the 5 years preceding the date of
348 acquisition of the land by the electric utility must be offered
349 for fee simple acquisition by the Department of Agriculture and
350 Consumer Services before offering for sale or transferring the
351 land to a private individual or entity.
352 (3) This section is retroactive to January 1, 2009.
353 Section 7. Present subsections (3) and (4) of section
354 366.94, Florida Statutes, are redesignated as subsections (4)
355 and (5), respectively, a new subsection (3) is added to that
356 section, and subsection (2) of that section is amended, to read:
357 366.94 Electric vehicle charging.—
358 (2)(a) As used in this section, the term “electric vehicle
359 charging station” means the area in the immediate vicinity of
360 electric vehicle supply equipment and includes the electric
361 vehicle supply equipment, supporting equipment, and associated
362 parking spaces. The regulation of electric vehicle charging
363 stations is preempted to the state.
364 (b)(a) A local governmental entity may not enact or enforce
365 an ordinance or regulation related to electric vehicle charging
366 stations.
367 (3)(a)(b) The Department of Agriculture and Consumer
368 Services shall adopt rules to implement this subsection and to
369 provide requirements for electric vehicle charging stations to
370 allow for consistency for consumers and the industry.
371 (b) The department may adopt rules to protect the public
372 health, safety, and welfare and establish standards for the
373 placement, design, installation, maintenance, and operation of
374 electric vehicle charging stations.
375 (c) Local governmental entities shall issue permits for
376 electric vehicle charging stations based solely upon standards
377 established by department rule and other applicable provisions
378 of state law. The department shall prescribe by rule the time
379 period for approving or denying permit applications.
380 (d) Before a charger at an electric vehicle charging
381 station is placed into service for use by the public, the
382 charger must be registered with the department on a form
383 prescribed by department rule.
384 (e) The department shall have the authority to inspect
385 electric vehicle charging stations, conduct investigations, and
386 enforce this subsection and any rules adopted thereto. The
387 department may impose one or more of the following penalties
388 against a person who violates this subsection or any rule
389 adopted under this subsection:
390 1. Issuance of a warning letter.
391 2. Imposition of an administrative fine in the Class II
392 category pursuant to s. 570.971 for each violation.
393 (f) If the department determines that an electric vehicle
394 charging station or any associated equipment presents a threat
395 to the public health, safety, or welfare, the department may
396 issue an immediate final order prohibiting the use of the
397 electric vehicle charging station or any portion thereof.
398 (g) In addition to the remedies provided in this
399 subsection, and notwithstanding the existence of any adequate
400 remedy at law, the department may bring an action to enjoin a
401 violation of this subsection or rules adopted under this
402 subsection in the circuit court of the county in which the
403 violation occurs or is about to occur. Upon demonstration of
404 competent and substantial evidence by the department to the
405 court of the violation or threatened violation, the court shall
406 immediately issue the temporary or permanent injunction sought
407 by the department. The injunction must be issued without bond.
408 Section 8. Present subsections (10) and (11) of section
409 388.011, Florida Statutes, are redesignated as subsections (11)
410 and (12), respectively, a new subsection (10) is added to that
411 section, and subsections (2) and (5) of that section are
412 amended, to read:
413 388.011 Definitions.—As used in this chapter:
414 (2) “Board of commissioners” means the governing body of
415 any mosquito control program district, and may include boards of
416 county commissioners, city councils, municipalities, or other
417 similar governing bodies when context so indicates.
418 (5) “District” means any mosquito control special district
419 established in this state by law for the express purpose of
420 controlling arthropods within boundaries of such said districts.
421 (10) “Program” means any governmental jurisdiction that
422 conducts mosquito control, whether it be a special district,
423 county, or municipality.
424 Section 9. Section 388.021, Florida Statutes, is amended to
425 read:
426 388.021 Creation of mosquito control special districts.—
427 (1) The abatement or suppression of arthropods, whether
428 disease-bearing or merely pestiferous, within any or all
429 counties of this state is advisable and necessary for the
430 maintenance and betterment of the comfort, health, and welfare
431 of the people thereof and is found and declared to be for public
432 purposes. Areas where arthropods incubate, hatch, or occur in
433 significant numbers so as to constitute a public health,
434 welfare, or nuisance problem may be controlled or abated as
435 provided in this chapter or the rules promulgated hereunder.
436 Therefore, any municipality city, town, or county, or any
437 portion or portions thereof, whether such portion or portions
438 include incorporated territory or portions of two or more
439 counties in the state, may be created into a special taxing
440 district for the control of arthropods under the provisions of
441 this chapter.
442 (2) It is the legislative intent that those mosquito
443 control districts established prior to July 1, 1980, pursuant to
444 the petition process contained in former s. 388.031, may
445 continue to operate as outlined in this chapter. However, on and
446 after that date, no mosquito control districts may be created
447 except pursuant to s. 125.01.
448 Section 10. Section 388.181, Florida Statutes, is amended
449 to read:
450 388.181 Power to do all things necessary.—The respective
451 programs districts of the state are hereby fully authorized to
452 do and perform all things necessary to carry out the intent and
453 purposes of this law.
454 Section 11. Subsections (1), (2), (4), and (5) of section
455 388.201, Florida Statutes, are amended to read:
456 388.201 Program District budgets; hearing.—
457 (1) The fiscal year of programs districts operating under
458 the provisions of this chapter shall be the 12-month period
459 extending from October 1 of one year through September 30 of the
460 following year. The governing board of the programs district
461 shall before July 15 of each year complete the preparation of a
462 tentative detailed work plan budget covering its proposed
463 operations and requirements for arthropod control measures
464 during the ensuing fiscal year and, for the purpose of
465 determining eligibility for state aid, shall submit copies as
466 may be required to the department for review and approval. The
467 tentative detailed work plan budget must shall set forth,
468 classified by account number, title and program items, and by
469 fund from which to be paid, the proposed expenditures of the
470 program district for construction, for acquisition of land, and
471 other purposes, for the operation and maintenance of the
472 program’s district’s works, the conduct of the program district
473 generally, to which may be added an amount to be held as a
474 reserve.
475 (2) The tentative detailed work plan budget must shall also
476 show the estimated amount which will appear at the beginning of
477 the fiscal year as obligated upon commitments made but
478 uncompleted,. There shall be shown the estimated unobligated or
479 net balance which will be on hand at the beginning of the fiscal
480 year, and the estimated amount to be raised by county,
481 municipality, or district taxes and from any and all other
482 sources for meeting the program’s the district’s requirements.
483 (4) The governing board shall:
484 (a) Shall Consider objections filed against adoption of the
485 tentative detailed work plan budget and in its discretion may
486 amend, modify, or change such budget; and
487 (b) Shall By September 30, adopt and execute on a form
488 furnished by the department a certified budget for the programs
489 district which shall be the operating and fiscal guide for the
490 program district. Certified copies of this budget must shall be
491 submitted by September 30 to the department for approval.
492 (5) County commissioners’ mosquito and arthropod control
493 budgets or the budgets of or similar governing body of said
494 county, city, or town’s must shall be made and adopted as
495 prescribed by subsections (1) and (2); summary figures must
496 shall be incorporated into the county budgets as prescribed by
497 the Department of Financial Services.
498 Section 12. Section 388.241, Florida Statutes, is amended
499 to read:
500 388.241 Board of county commissioners vested with powers
501 and duties of board of commissioners in certain counties.—In
502 those counties or cities where there has been no formation of a
503 separate or special board of commissioners, all the rights,
504 powers, and duties of a board of commissioners as conferred in
505 this chapter shall be vested in the board of county
506 commissioners or similar governing body of said county or city.
507 Section 13. Section 388.261, Florida Statutes, is amended
508 to read:
509 388.261 State aid to counties, municipalities, and
510 districts for arthropod control; distribution priorities and
511 limitations.—
512 (1) A county, municipality, or district may, without
513 contributing matching funds, receive state funds, supplies,
514 services, or equipment in an amount of no more than $75,000
515 $50,000 per year for up to 3 years for any new program for the
516 control of mosquitoes and other arthropods which serves an area
517 not previously served by the county, municipality, or district.
518 These funds may be expended for any and all types of control
519 measures approved by the department.
520 (2) Every county, municipality, or district budgeting local
521 funds to be used exclusively for the control of mosquitoes and
522 other arthropods, under a plan submitted by the county,
523 municipality, or district and approved by the department, is
524 eligible to receive state funds and supplies, services, and
525 equipment on a dollar-for-dollar matching basis to the amount of
526 local funds budgeted. If state funds appropriated by the
527 Legislature are insufficient to grant each county, municipality,
528 or district state funds on a dollar-for-dollar matching basis to
529 the amount budgeted in local funds, the department must shall
530 distribute the funds as prescribed by rule. Such rules must
531 shall provide for up to 80 percent of the funds to be
532 distributed to programs with local funds for mosquito control
533 budgets of less than $1 million, if the county, municipality, or
534 district meets the eligibility requirements. The funds must
535 shall be distributed as equally as possible within the category
536 of counties pursuant to this section. The remaining funds must
537 shall be distributed as prescribed by rule among the remaining
538 counties to support mosquito control and to support research,
539 education, and outreach.
540 (3) Every county shall be limited to receive a total of
541 $120,000 of state funds, exclusive of state funds brought
542 forward, during any one year.
543 (4) Up to 20 percent of the annual funds appropriated to
544 local governments for arthropod control may be used for
545 arthropod control research or demonstration projects as approved
546 by the department.
547 (5) If more than one program local mosquito control agency
548 exists in a county or municipality, the funds must shall be
549 prorated between the programs agencies based on the population
550 served by each program agency.
551 (6) The Commissioner of Agriculture may exempt counties,
552 municipalities, or districts from the requirements in subsection
553 (1), subsection (2), or subsection (3) when the department
554 determines state funds, supplies, services, or equipment are
555 necessary for the immediate control of mosquitoes and other
556 arthropods that pose a threat to human or animal health.
557 (7) The department may use state funds appropriated for a
558 county, municipality, or district under subsection (1) or
559 subsection (2) to provide state mosquito or other arthropod
560 control equipment, supplies, or services when requested by a
561 county, municipality, or district eligible to receive state
562 funds under s. 388.271.
563 (8) The department is authorized to use up to 5 percent of
564 the funds appropriated annually by the Legislature under this
565 section to provide technical assistance to the counties,
566 municipalities, or districts, or to purchase equipment,
567 supplies, or services necessary to administer the provisions of
568 this chapter.
569 Section 14. Subsections (1) and (2) of section 388.271,
570 Florida Statutes, are amended to read:
571 388.271 Prerequisites to participation.—
572 (1) When state funds are involved, it is the duty of the
573 department to guide, review, approve, and coordinate the
574 activities of all county and municipal governments and special
575 districts receiving state funds in furtherance of the goal of
576 integrated arthropod control. Each program county eligible to
577 participate may, and each district must, begin participation on
578 October 1 of any year by filing with the department not later
579 than July 15 a tentative integrated arthropod management plan
580 work plan and tentative detailed work plan budget providing for
581 the control of arthropods. Following approval of the plan and
582 budget by the department, a copy two copies of the program’s
583 county’s or district’s certified budget based on the approved
584 integrated arthropod management work plan and detailed work plan
585 budget must shall be submitted to the department by September 30
586 following. State funds, supplies, and services must shall be
587 made available to such program county or district by and through
588 the department immediately upon release of funds by the
589 Executive Office of the Governor.
590 (2) All purchases of supplies, materials, and equipment by
591 programs must counties or districts shall be made in accordance
592 with the laws governing purchases by boards of county
593 commissioners or similar governing bodies, except that programs
594 districts with special laws relative to competitive bidding
595 shall make purchases in accordance therewith.
596 Section 15. Subsections (1) and (3) of section 388.281,
597 Florida Statutes, are amended to read:
598 388.281 Use of state matching funds.—
599 (1) All funds, supplies, and services released to programs
600 counties and districts hereunder must shall be used in
601 accordance with the integrated arthropod management detailed
602 work plan and certified budget approved by both the department
603 and the board of county commissioners or an appropriate
604 representative county or district. The integrated arthropod
605 management plan and budget may be amended at any time upon prior
606 approval of the department.
607 (3) In any program county or district where the arthropod
608 problem has been eliminated, or reduced to such an extent that
609 it does not constitute a health, comfort, or economic problem as
610 determined by the department, the maximum amount of state funds
611 available under this chapter shall be reduced to the amount
612 necessary to meet actual need.
613 Section 16. Subsections (1) and (2) of section 388.291,
614 Florida Statutes, are amended to read:
615 388.291 Source reduction measures; supervision by
616 department.—
617 (1) Any program county or district may perform source
618 reduction measures in conformity with good engineering practices
619 in any area, provided that the department cooperating with the
620 county, municipality, or district has approved the operating or
621 construction plan as outlined in the integrated arthropod
622 management plan and that it has been determined by criteria
623 contained in rule that the area or areas to be controlled would
624 produce arthropods in significant numbers to constitute a health
625 or nuisance problem.
626 (2) The program county or district shall manage the
627 detailed business affairs and supervise the said work, and the
628 department shall advise the programs districts as to the best
629 and most effective measures to be used in bringing about better
630 temporary control and the permanent elimination of breeding
631 conditions. The department may at its discretion discontinue any
632 state aid provided hereunder in the event it finds the jointly
633 agreed upon program is not being followed or is not efficiently
634 and effectively administered.
635 Section 17. Section 388.301, Florida Statutes, is amended
636 to read:
637 388.301 Payment of state funds; supplies and services.
638 State funds shall be payable quarterly, in accordance with the
639 rules of the department, upon requisition by the department to
640 the Chief Financial Officer. The department is authorized to
641 furnish insecticides, chemicals, materials, equipment, vehicles,
642 and personnel in lieu of state funds where mass purchasing may
643 save funds for the state, or where it would be more practical
644 and economical to use equipment, supplies, and services between
645 two or more programs counties or districts.
646 Section 18. Section 388.311, Florida Statutes, is amended
647 to read:
648 388.311 Carry over of state funds and local funds.—State
649 and local funds budgeted for the control of mosquitoes and other
650 arthropods shall be carried over at the end of the program’s
651 county or district’s fiscal year, and rebudgeted for such
652 control measures the following fiscal year.
653 Section 19. Section 388.321, Florida Statutes, is amended
654 to read:
655 388.321 Equipment to become property of a program the
656 county or district.—All equipment purchased under this chapter
657 with state funds made available directly to a program the county
658 or district shall become the property of the program county or
659 district unless otherwise provided, and may be traded in on
660 other equipment, or sold, when no longer needed by the program
661 county or district.
662 Section 20. Section 388.322, Florida Statutes, is amended
663 to read:
664 388.322 Record and inventory of certain property.—A record
665 and inventory of certain property purchased with state funds for
666 arthropod control use owned by the program must district shall
667 be maintained in accordance with s. 274.02.
668 Section 21. Section 388.323, Florida Statutes, is amended
669 to read:
670 388.323 Disposal of surplus property.—Surplus property
671 shall be disposed of according to the provisions set forth in s.
672 274.05 with the following exceptions:
673 (1) Serviceable equipment purchased using state funds for
674 arthropod control use no longer needed by a program must county
675 or district shall first be offered to any or all other programs
676 counties or districts engaged in arthropod control at a price
677 established by the board of commissioners owning the equipment.
678 (2) The alternative procedure for disposal of surplus
679 property, as prescribed in s. 274.06, must shall be followed if
680 it is determined that no other program county or district
681 engaged in arthropod control has need for the equipment.
682 (3) All proceeds from the sale of any real or tangible
683 personal property owned by the program and purchased using state
684 funds county or district shall be deposited in the program’s
685 county’s or district’s state fund account unless otherwise
686 specifically designated by the department.
687 Section 22. Section 388.341, Florida Statutes, is amended
688 to read:
689 388.341 Reports of expenditures and accomplishments.—Each
690 program receiving state aid county and district participating
691 under the provisions of this chapter shall within 30 days after
692 the end of each month submit to the department a monthly report
693 for the preceding month of expenditures from all funds for
694 arthropod control, and each program participating under this
695 chapter shall provide such reports of activities and
696 accomplishments as may be required by the department.
697 Section 23. Section 388.351, Florida Statutes, is amended
698 to read:
699 388.351 Transfer of equipment, personnel, and supplies
700 during an emergency.—The department, upon notifying a program
701 county or district and obtaining its approval, is authorized to
702 transfer equipment, materials, and personnel from one program
703 district to another in the event of an emergency brought about
704 by an arthropod-borne epidemic or other disaster requiring
705 emergency control.
706 Section 24. Subsection (7) of section 388.361, Florida
707 Statutes, is amended to read:
708 388.361 Department authority and rules; administration.—
709 (7) The department shall have the authority to collect,
710 detect, suppress, and control mosquitoes and other arthropods
711 that are determined by the State Health Officer to pose a threat
712 to public health, or determined by the Commissioner of
713 Agriculture to pose a threat to animal health, wherever they may
714 occur on public or private land in this state, and to do all
715 things necessary in the exercise of such authority. Prior to the
716 start of treatments for the control of mosquitoes or other
717 arthropods, the department shall consult with the mosquito
718 control programs districts in the proposed treatment areas, the
719 Department of Health, the Department of Environmental
720 Protection, and the Fish and Wildlife Conservation Commission
721 regarding the proposed locations, dates, and methods to be used.
722 Section 25. Subsections (2) and (3) of section 388.3711,
723 Florida Statutes, are amended to read:
724 388.3711 Enforcement.—
725 (2) The department may issue a written warning, impose a
726 fine; deny, suspend, or revoke any license or certification, or
727 the disbursal of state aid; or deny participation, in accordance
728 with the provisions of chapter 120, upon any one or more of the
729 following grounds as may be applicable:
730 (a) Violation of any rule of the department or provision of
731 this chapter.
732 (b) Violation of FIFRA or any relevant EPA rule or
733 regulation pertaining to the use of arthropod control pesticides
734 by the licensee.
735 (c) Failure to give the department, or any authorized
736 representative thereof, true information upon request regarding
737 methods and materials used, work performed, or other information
738 essential to the administration of this chapter.
739 (3) The department may, if it finds a violation is of such
740 nature or circumstances that imposition of a fine, or denial,
741 revocation, or suspension of a certification or license or
742 disbursal of state aid would be detrimental to the public or be
743 unnecessarily harsh under the circumstances, in its discretion,
744 place the offending party on probation for a period of not more
745 than 2 years. If the department determines that the terms of
746 such probation have been violated, it may reinstitute license or
747 certification or state aid denial, suspension, or revocation
748 proceedings.
749 Section 26. Section 388.381, Florida Statutes, is amended
750 to read:
751 388.381 Cooperation by programs counties and district.—Any
752 program conducting county or district carrying on an arthropod
753 control program may cooperate with another county, district, or
754 municipality in carrying out work a program for the control of
755 mosquitoes and other arthropods, by agreement as to the program
756 and reimbursement thereof, when approved by the department.
757 Section 27. Section 388.391, Florida Statutes, is amended
758 to read:
759 388.391 Control measures in municipalities and portions of
760 counties located outside boundaries of programs districts.—Any
761 program district whose operation is limited to a portion of the
762 county in which it is located may perform any control measures
763 authorized by this chapter in any municipality located in the
764 same county or in any portions of the same county, where there
765 is no established program district, when requested to do so by
766 the municipality or county, pursuant to s. 388.381.
767 Section 28. Section 388.401, Florida Statutes, is amended
768 to read:
769 388.401 Penalty for damage to property or operations.
770 Whoever shall willfully damages damage any of the property of
771 any program county or district created under this or other
772 chapters, or any works constructed, maintained, or controlled by
773 such program county or district, or who obstructs shall obstruct
774 or causes cause to be obstructed any of the operations of such
775 program county or district, or who shall knowingly or willfully
776 violates violate any provisions of this chapter or any rule or
777 regulation promulgated by any board of commissioners of any
778 program, commits county or district shall be guilty of a
779 misdemeanor of the second degree, punishable as provided in s.
780 775.082 or s. 775.083.
781 Section 29. Paragraph (a) of subsection (2) of section
782 388.46, Florida Statutes, is amended to read:
783 388.46 Florida Coordinating Council on Mosquito Control;
784 establishment; membership; organization; responsibilities.—
785 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
786 (a) Membership.—The Florida Coordinating Council on
787 Mosquito Control shall be composed comprised of the following
788 representatives or their authorized designees:
789 1. The Secretary of Environmental Protection.
790 2. The State Surgeon General.
791 3. The executive director of the Fish and Wildlife
792 Conservation Commission.
793 4. The state epidemiologist.
794 5. The Commissioner of Agriculture.
795 6. The Board of Trustees of the Internal Improvement Trust
796 Fund.
797 7. Representatives from:
798 a. The University of Florida, Institute of Food and
799 Agricultural Sciences, Florida Medical Entomological Research
800 Laboratory.
801 b. The United States Environmental Protection Agency.
802 c. The United States Department of Agriculture, Center of
803 Medical, Agricultural, and Veterinary Entomology Insects
804 Affecting Man Laboratory.
805 d. The United States Fish and Wildlife Service.
806 8. Four Two mosquito control directors to be nominated by
807 the Florida Mosquito Control Association, two representatives of
808 Florida environmental groups, and two private citizens who are
809 property owners whose lands are regularly subject to mosquito
810 control operations, to be appointed to 4-year terms by the
811 Commissioner of Agriculture and serve until his or her successor
812 is appointed.
813 Section 30. Paragraph (d) of subsection (7) of section
814 403.067, Florida Statutes, is amended to read:
815 403.067 Establishment and implementation of total maximum
816 daily loads.—
817 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
818 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
819 (d) Enforcement and verification of basin management action
820 plans and management strategies.—
821 1. Basin management action plans are enforceable pursuant
822 to this section and ss. 403.121, 403.141, and 403.161.
823 Management strategies, including best management practices and
824 water quality monitoring, are enforceable under this chapter.
825 2. No later than January 1, 2017:
826 a. The department, in consultation with the water
827 management districts and the Department of Agriculture and
828 Consumer Services, shall initiate rulemaking to adopt procedures
829 to verify implementation of water quality monitoring required in
830 lieu of implementation of best management practices or other
831 measures pursuant to sub-subparagraph (b)2.g.;
832 b. The department, in consultation with the water
833 management districts and the Department of Agriculture and
834 Consumer Services, shall initiate rulemaking to adopt procedures
835 to verify implementation of nonagricultural interim measures,
836 best management practices, or other measures adopted by rule
837 pursuant to subparagraph (c)1.; and
838 c. The Department of Agriculture and Consumer Services, in
839 consultation with the water management districts and the
840 department, shall initiate rulemaking to adopt procedures to
841 verify implementation of agricultural interim measures, best
842 management practices, or other measures adopted by rule pursuant
843 to subparagraph (c)2.
844
845 The rules required under this subparagraph shall include
846 enforcement procedures applicable to the landowner, discharger,
847 or other responsible person required to implement applicable
848 management strategies, including best management practices or
849 water quality monitoring as a result of noncompliance.
850 3. At least every 2 years, the Department of Agriculture
851 and Consumer Services shall perform onsite inspections of each
852 agricultural producer that enrolls in a best management
853 practice, except those enrolled by rule in subparagraph 4., to
854 ensure that such practice is being properly implemented. Such
855 verification must include a collection and review of the best
856 management practice documentation from the previous 2 years
857 required by rules adopted pursuant to subparagraph (c)2.,
858 including, but not limited to, nitrogen and phosphorus
859 fertilizer application records, which must be collected and
860 retained pursuant to subparagraphs (c)3., 4., and 6. The
861 Department of Agriculture and Consumer Services shall initially
862 prioritize the inspection of agricultural producers located in
863 the basin management action plans for Lake Okeechobee, the
864 Indian River Lagoon, the Caloosahatchee River and Estuary, and
865 Silver Springs.
866 4. The Department of Agriculture and Consumer Services is
867 authorized to adopt rules establishing an enrollment in best
868 management practices by rule process that agricultural pollutant
869 sources and agricultural producers may use in lieu of the best
870 management practices adopted in paragraph (c) and identify best
871 management practices for landowners of parcels which meet the
872 following requirements:
873 a. A parcel not more than 25 acres in size;
874 b. A parcel designated as agricultural land use by the
875 county in which it is located or the parcel is granted
876 agricultural tax classification by the county property appraiser
877 of the county in which it is located;
878 c. A parcel with water use not exceeding 100,000 gallons
879 per day on average unless the entire use is met using recycled
880 water from wet detention treatment ponds or reuse water;
881 d. A parcel where the agricultural activity on the parcel
882 is not a vegetable crop, an agronomic crop, a nursery, or a
883 dairy operation;
884 e. A parcel not abutting an impaired water body identified
885 in subsection (4); and
886 f. A parcel not part of a larger operation that is enrolled
887 in the Department of Agriculture and Consumer Services best
888 management practices or conducting water quality monitoring
889 prescribed by the department or a water management district.
890
891 Such requirements must specify design or performance criteria
892 that, if applied, would result in compliance with appropriate
893 water quality standards. The Department of Agriculture and
894 Consumer Services is authorized to adopt additional eligibility
895 criteria for landowners or producers to use enrollment by rule
896 and to revoke enrollment by rule.
897 5. The Department of Agriculture and Consumer Services
898 shall annually perform onsite inspections of 20 percent for all
899 enrollments that meet the qualifications pursuant to
900 subparagraph 4. by rule within basin management action plan
901 areas, to ensure that practices are being properly implemented.
902 Such inspections must include a collection and review of the
903 identified best management practice documentation from the
904 previous 2 years required by rules adopted pursuant to
905 subparagraph (c)2. All agricultural producers enrolled by rule
906 in a best management practice must annually submit nutrient
907 records, including nitrogen and phosphorus application records
908 for the previous calendar year, to the Department of Agriculture
909 and Consumer Services as required by rules adopted pursuant to
910 subparagraph (c)2. The Department of Agriculture and Consumer
911 Services shall collect and retain these nutrient records
912 pursuant to subparagraphs (c)3., 4., and 6.
913 Section 31. Subsection (19) is added to section 403.852,
914 Florida Statutes, to read:
915 403.852 Definitions; ss. 403.850-403.864.—As used in ss.
916 403.850-403.864:
917 (19) “Water quality additive” means any chemical or
918 additive which is used in a public water system for the purpose
919 of removing contaminants or increasing water quality. The term
920 does not include additives used for health-related purposes.
921 Section 32. Subsection (8) is added to section 403.859,
922 Florida Statutes, to read:
923 403.859 Prohibited acts.—The following acts and the causing
924 thereof are prohibited and are violations of this act:
925 (8) The use of any additive in a public water system which
926 does not meet the definition of a water quality additive as
927 defined in s. 403.852(19), or the use of any additive included
928 primarily for health-related purposes.
929 Section 33. Subsection (10) of section 482.111, Florida
930 Statutes, is amended to read:
931 482.111 Pest control operator’s certificate.—
932 (10) In order to renew a certificate, the certificateholder
933 must complete 2 hours of approved continuing education on
934 legislation, safety, pesticide labeling, and integrated pest
935 management and 2 hours of approved continuing education in each
936 category of her or his certificate or must pass an examination
937 that the department shall provide in person and remotely through
938 a third-party vendor. The third-party vendor may collect and
939 retain a convenience fee given by the department. The department
940 may not renew a certificate if the continuing education or
941 examination requirement is not met.
942 (a) Courses or programs, to be considered for credit, must
943 include one or more of the following topics:
944 1. The law and rules of this state pertaining to pest
945 control.
946 2. Precautions necessary to safeguard life, health, and
947 property in the conducting of pest control and the application
948 of pesticides.
949 3. Pests, their habits, recognition of the damage they
950 cause, and identification of them by accepted common name.
951 4. Current accepted industry practices in the conducting of
952 fumigation, termites and other wood-destroying organisms pest
953 control, lawn and ornamental pest control, and household pest
954 control.
955 5. How to read labels, a review of current state and
956 federal laws on labeling, and a review of changes in or
957 additions to labels used in pest control.
958 6. Integrated pest management.
959 (b) The certificateholder must submit with her or his
960 application for renewal a statement certifying that she or he
961 has completed the required number of hours of continuing
962 education. The statement must be on a form prescribed by the
963 department and must identify at least the date, location,
964 provider, and subject of the training and must provide such
965 other information as required by the department.
966 (c) The department shall charge the same fee for
967 examination as provided in s. 482.141(2).
968 Section 34. Subsection (1) of section 482.141, Florida
969 Statutes, is amended to read:
970 482.141 Examinations.—
971 (1) Each individual seeking certification must
972 satisfactorily pass an examination which must be written but
973 which may include practical demonstration. The department shall
974 provide in-person and remote testing through a third-party
975 vendor. A third-party vendor may collect and retain a
976 convenience fee hold at least two examinations each year. An
977 applicant may seek certification in one or more categories.
978 Section 35. Paragraph (b) of subsection (1) of section
979 482.155, Florida Statutes, is amended to read:
980 482.155 Limited certification for governmental pesticide
981 applicators or private applicators.—
982 (1)
983 (b) A person seeking limited certification under this
984 subsection must pass an examination that the department shall
985 provide in person and remotely through a third-party vendor. The
986 third-party vendor may collect and retain a convenience fee
987 given or approved by the department. Each application for
988 examination must be accompanied by an examination fee set by the
989 department, in an amount of not more than $150 or less than $50;
990 and a recertification fee of $25 every 4 years. Until rules
991 setting these fees are adopted by the department, the
992 examination fee is $50. Application for recertification must be
993 accompanied by proof of having completed 4 classroom hours of
994 acceptable continuing education. The limited certificate expires
995 4 years after the date of issuance. If the certificateholder
996 fails to renew his or her certificate and provide proof of
997 completion of the required continuing education units within 60
998 days after the expiration date, the certificateholder may be
999 recertified only after reexamination. The department shall make
1000 available provide the appropriate reference material and make
1001 the examination readily accessible and available to all
1002 applicants at least quarterly or as necessary in each county.
1003 Section 36. Subsection (2) of section 482.156, Florida
1004 Statutes, is amended to read:
1005 482.156 Limited certification for commercial landscape
1006 maintenance personnel.—
1007 (2)(a) A person seeking limited certification under this
1008 section 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 by the department. Each application for examination must
1012 be accompanied by an examination fee set by rule of the
1013 department, in an amount of not more than $150 or less than $50.
1014 Before the department issues a limited certification under this
1015 section, each person applying for the certification must furnish
1016 proof of having a certificate of insurance which states that the
1017 employer meets the requirements for minimum financial
1018 responsibility for bodily injury and property damage required by
1019 s. 482.071(4).
1020 (b) The department shall make available provide the
1021 appropriate reference materials for the examination and provide
1022 in-person and remote testing through a third-party vendor. A
1023 third-party vendor may collect and retain a convenience fee make
1024 the examination readily accessible and available to applicants
1025 at least quarterly or as necessary in each county.
1026 Section 37. Subsection (2) of section 482.157, Florida
1027 Statutes, is amended to read:
1028 482.157 Limited certification for commercial wildlife
1029 management personnel.—
1030 (2) The department shall issue a limited certificate to an
1031 applicant who:
1032 (a) Submits an application and examination fee of at least
1033 $150, but not more than $300, as prescribed by the department by
1034 rule;
1035 (b) Passes an examination that the department shall provide
1036 in person and remotely through a third-party vendor. The third
1037 party vendor may collect and retain a convenience fee
1038 administered by the department. The department shall make
1039 available provide the appropriate study materials for the
1040 examination and make the examination readily available to
1041 applicants in each county as necessary, but not less frequently
1042 than quarterly; and
1043 (c) Provides proof, including a certificate of insurance,
1044 that the applicant has met the minimum bodily injury and
1045 property damage insurance requirements in s. 482.071(4).
1046 Section 38. Paragraph (m) is added to subsection (1) of
1047 section 482.161, Florida Statutes, to read:
1048 482.161 Disciplinary grounds and actions; reinstatement.—
1049 (1) The department may issue a written warning to or impose
1050 a fine against, or deny the application for licensure or
1051 licensure renewal of, a licensee, certified operator, limited
1052 certificateholder, identification cardholder, or special
1053 identification cardholder or any other person, or may suspend,
1054 revoke, or deny the issuance or renewal of any license,
1055 certificate, limited certificate, identification card, or
1056 special identification card that is within the scope of this
1057 chapter, in accordance with chapter 120, upon any of the
1058 following grounds:
1059 (m) Upon the issuance of a final order imposing civil
1060 penalties under subsection 14(a) of the Federal Insecticide,
1061 Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction
1062 under subsection 14(b), of FIFRA.
1063 Section 39. Subsection (2) of section 487.044, Florida
1064 Statutes, is amended to read:
1065 487.044 Certification; examination.—
1066 (2) The department shall require each applicant for a
1067 certified applicator’s license to demonstrate competence by a
1068 written or oral examination in which the applicant must
1069 demonstrate adequate knowledge concerning the proper use and
1070 application of restricted-use pesticides in each classification
1071 for which application for license is made. The department shall
1072 provide in-person and remote testing through a third-party
1073 vendor. A third-party vendor may collect and retain a
1074 convenience fee. The examination may be prepared, administered,
1075 and evaluated by the department. Each applicant for a certified
1076 applicator’s license must shall demonstrate minimum competence
1077 as to:
1078 (a) The proper use of the equipment.
1079 (b) The environmental hazards that may be involved in
1080 applying restricted-use pesticides.
1081 (c) Calculating the concentration of restricted-use
1082 pesticides to be used in particular circumstances.
1083 (d) Identification of common pests to be controlled and the
1084 damages caused by such pests.
1085 (e) Protective clothing and respiratory equipment required
1086 during the handling and application of restricted-use
1087 pesticides.
1088 (f) General precautions to be followed in the disposal of
1089 containers, as well as the cleaning and decontamination of the
1090 equipment which the applicant proposes to use.
1091 (g) Applicable state and federal pesticide laws, rules, and
1092 regulations.
1093 (h) General safety precautions.
1094 Section 40. Subsection (6) is added to section 487.175,
1095 Florida Statutes, to read:
1096 487.175 Penalties; administrative fine; injunction.—
1097 (6) Licensure may be suspended, revoked, or denied by the
1098 department, upon the issuance of a final order to a licensee
1099 imposing civil penalties under subsection 14(a) of the Federal
1100 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a
1101 criminal conviction under subsection 14(b) of FIFRA.
1102 Section 41. Present subsections (13) through (28) of
1103 section 496.404, Florida Statutes, are redesignated as
1104 subsections (15) through (30), respectively, and new subsections
1105 (13) and (14) are added to that section, to read:
1106 496.404 Definitions.—As used in ss. 496.401-496.424, the
1107 term:
1108 (13) “Foreign country of concern” means the People’s
1109 Republic of China, the Russian Federation, the Islamic Republic
1110 of Iran, the Venezuelan regime of Nicolás Maduro, or the Syrian
1111 Arab Republic, including any agency of or any other entity under
1112 significant control of such foreign country of concern.
1113 (14) “Foreign source of concern” means any of the
1114 following:
1115 (a) The government or any official of the government of a
1116 foreign country of concern;
1117 (b) A political party or member of a political party or any
1118 subdivision of a political party in a foreign country of
1119 concern;
1120 (c) A partnership, an association, a corporation, an
1121 organization, or other combination of persons organized under
1122 the laws of or having its principal place of business in a
1123 foreign country of concern, or a subsidiary of such entity;
1124 (d) Any person who is domiciled in a foreign country of
1125 concern and is not a citizen or lawful permanent citizen of the
1126 United States;
1127 (e) An agent, including a subsidiary or an affiliate of a
1128 foreign legal entity, acting on behalf of a foreign source of
1129 concern; or
1130 (f) An entity in which a person, entity, or collection of
1131 persons or entities described in paragraphs (a)–(e) has a
1132 controlling interest. As used in this paragraph, the term
1133 “controlling interest” means the possession of the power to
1134 direct or cause the direction of the management or policies of
1135 an entity, whether through ownership of securities, by contract,
1136 or otherwise. A person or an entity that directly or indirectly
1137 has the right to vote 25 percent or more of the voting interest
1138 of the company or is entitled to 25 percent or more of its
1139 profits is presumed to possess a controlling interest.
1140 Section 42. Present paragraphs (d) through (g) of
1141 subsection (2) of section 496.405, Florida Statutes, are
1142 redesignated as paragraphs (f) through (i), respectively, new
1143 paragraphs (d) and (e) are added to that subsection, subsection
1144 (11) is added to that section, and subsection (1) and paragraph
1145 (b) of subsection (7) of that section are amended, to read:
1146 496.405 Registration statements by charitable organizations
1147 and sponsors.—
1148 (1) A charitable organization or sponsor, unless exempted
1149 pursuant to s. 496.406, which intends to solicit contributions
1150 in or from this state by any means or have funds solicited on
1151 its behalf by any other person, charitable organization,
1152 sponsor, commercial co-venturer, or professional solicitor, or
1153 that participates in a charitable sales promotion or sponsor
1154 sales promotion, must, before engaging in any of these
1155 activities, file an initial registration statement, which
1156 includes an attestation statement, and a renewal statement
1157 annually thereafter, with the department.
1158 (a) Except as provided in paragraph (b), any changes in the
1159 information submitted on the initial registration statement or
1160 the last renewal statement must be updated annually on a renewal
1161 statement provided by the department on or before the date that
1162 marks 1 year after the date the department approved the initial
1163 registration statement as provided in this section. The
1164 department shall annually provide a renewal statement to each
1165 registrant by mail or by electronic mail at least 30 days before
1166 the renewal date.
1167 (b) Any changes to the information submitted to the
1168 department pursuant to paragraph (2)(f) (2)(d) on the initial
1169 registration statement, which includes an attestation statement,
1170 or the last renewal statement must be reported to the department
1171 on a form prescribed by the department within 10 days after the
1172 change occurs.
1173 (c) A charitable organization or sponsor that is required
1174 to file an initial registration statement or annual renewal
1175 statement may not, before approval of its statement by the
1176 department in accordance with subsection (7), solicit
1177 contributions or have contributions solicited on its behalf by
1178 any other person, charitable organization, sponsor, commercial
1179 co-venturer, or professional solicitor or participate in a
1180 charitable sales promotion or sponsor sales promotion.
1181 (d) The registration of a charitable organization or
1182 sponsor may not continue in effect and shall expire without
1183 further action of the department under either of the following
1184 circumstances:
1185 1. After the date the charitable organization or sponsor
1186 should have filed, but failed to file, its renewal statement in
1187 accordance with this section.
1188 2. For failure to provide a financial statement within any
1189 extension period provided under s. 496.407.
1190 (2) The initial registration statement must be submitted on
1191 a form prescribed by the department, signed by an authorized
1192 official of the charitable organization or sponsor who shall
1193 certify that the registration statement is true and correct, and
1194 include the following information or material:
1195 (d) An attestation statement, which must be submitted on a
1196 form prescribed by the department and signed by an authorized
1197 official of the charitable organization, who shall certify and
1198 attest that the charitable organization, if engaged in
1199 activities that would require registration pursuant to chapter
1200 106 is registered with the Department of State, pursuant to
1201 chapter 106.
1202 (e) An attestation statement on a form prescribed by the
1203 department, signed by an authorized official of the charitable
1204 organization, who shall certify and attest that the charitable
1205 organization, if prohibited by applicable federal or state law,
1206 is not engaged in activities that would require registration
1207 with the Department of State pursuant to chapter 106.
1208 (7)
1209 (b) If a charitable organization or sponsor discloses
1210 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7.
1211 in the initial registration statement or annual renewal
1212 statement, the time limits set forth in paragraph (a) are
1213 waived, and the department shall process such initial
1214 registration statement or annual renewal statement in accordance
1215 with the time limits set forth in chapter 120. The registration
1216 of a charitable organization or sponsor shall be automatically
1217 suspended for failure to disclose any information specified in
1218 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the
1219 required information is submitted to the department.
1220 (11) The department may investigate and refer a charitable
1221 organization or sponsor to the Florida Elections Commission for
1222 investigation of violations pursuant to chapters 104 and 106.
1223 Section 43. Subsection (20) is added to section 496.415,
1224 Florida Statutes, to read:
1225 496.415 Prohibited acts.—It is unlawful for any person in
1226 connection with the planning, conduct, or execution of any
1227 solicitation or charitable or sponsor sales promotion to:
1228 (20) Solicit or accept contributions or anything of value
1229 from a foreign source of concern.
1230 Section 44. Section 496.417, Florida Statutes, is amended
1231 to read:
1232 496.417 Criminal penalties.—Except as otherwise provided in
1233 ss. 496.401-496.424, and in addition to any administrative or
1234 civil penalties, any person who willfully and knowingly violates
1235 ss. 496.401-496.424 commits a felony of the third degree,
1236 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1237 For a second or subsequent conviction, such violation
1238 constitutes a felony of the second degree, punishable as
1239 provided in s. 775.082, s. 775.083, or s. 775.084. The
1240 department may also investigate and refer a charitable
1241 organization or sponsor to the Florida Elections Commission for
1242 investigation of violations pursuant to chapters 104 and 106.
1243 Section 45. Subsection (11) is added to section 496.419,
1244 Florida Statutes, to read:
1245 496.419 Powers of the department.—
1246 (11) A charitable organization or sponsor whose
1247 registration is denied or revoked for submitting a false
1248 attestation required pursuant to s. 496.405(2)(d) or (2)(e) is
1249 subject to the penalties specified in subsection (5) at the
1250 discretion of the department.
1251 Section 46. Section 496.431, Florida Statutes, is created
1252 to read:
1253 496.431 Honest Service Registry.—
1254 (1) The department shall create the Honest Services
1255 Registry to provide the residents of this state with the
1256 information necessary to make an informed choice when deciding
1257 which charitable organizations to support.
1258 (2) To be included on the Honest Services Registry, a
1259 charitable organization must, at a minimum, submit to the
1260 department an attestation statement on a form prescribed by the
1261 department, verified as provided in s. 92.525, attesting to all
1262 of the following:
1263 (a) That the organization does not solicit or accept,
1264 directly or indirectly, contributions, funding, support, or
1265 services from a foreign source of concern.
1266 (b) That the organization’s messaging and content are not
1267 directly or indirectly produced or influenced by a foreign
1268 source of concern.
1269 (3) The department shall publish the Honest Services
1270 Registry on the department’s website.
1271 (4) The department shall adopt rules to implement this
1272 section.
1273 Section 47. Paragraph (j) of subsection (1) of section
1274 500.03, Florida Statutes, is amended to read:
1275 500.03 Definitions; construction; applicability.—
1276 (1) For the purpose of this chapter, the term:
1277 (j) “Cottage food product” means food that is not time or
1278 temperature controlled for safety or a potentially hazardous
1279 food as defined by department rule which is sold by a cottage
1280 food operation in accordance with s. 500.80.
1281 Section 48. Paragraphs (a) and (b) of subsection (1) of
1282 section 500.12, Florida Statutes, are amended to read:
1283 500.12 Food permits; building permits.—
1284 (1)(a) A food permit from the department is required of any
1285 person or business that who operates a food establishment,
1286 except:
1287 1. Persons or businesses operating minor food outlets that
1288 sell food that is commercially prepackaged, not potentially
1289 hazardous, not age restricted, and not time or temperature
1290 controlled for safety, if the shelf space for those items does
1291 not exceed 12 total linear feet and no other food is sold by the
1292 person or business minor food outlet.
1293 2. Persons subject to continuous, onsite federal or state
1294 inspection.
1295 3. Persons selling only legumes in the shell, either
1296 parched, roasted, or boiled.
1297 4. Persons selling sugar cane or sorghum syrup that has
1298 been boiled and bottled on a premise located within this state.
1299 Such bottles must contain a label listing the producer’s name
1300 and street address, all added ingredients, the net weight or
1301 volume of the product, and a statement that reads, “This product
1302 has not been produced in a facility permitted by the Florida
1303 Department of Agriculture and Consumer Services.”
1304 (b) Each food establishment regulated under this chapter
1305 must apply for and receive a food permit before operation
1306 begins. An application for a food permit from the department
1307 must be accompanied by a fee in an amount determined by
1308 department rule. The department shall adopt by rule a schedule
1309 of fees to be paid by each food establishment as a condition of
1310 issuance or renewal of a food permit. Such fees may not exceed
1311 $650 and must be used solely for the recovery of costs for the
1312 services provided, except that the fee accompanying an
1313 application for a food permit for operating a bottled water
1314 plant may not exceed $1,000 and the fee accompanying an
1315 application for a food permit for operating a packaged ice plant
1316 may not exceed $250. The fee for operating a bottled water plant
1317 or a packaged ice plant must be set by rule of the department.
1318 Food permits are not transferable from one person or physical
1319 location to another. Food permits must be renewed in accordance
1320 with subparagraphs 1.-3. If an application for renewal of a food
1321 permit is not received by the department on or before its due
1322 date, a late fee not exceeding $100 must be paid in addition to
1323 the food permit fee before the department may issue the food
1324 permit. The moneys collected must be deposited in the General
1325 Inspection Trust Fund.
1326 1. A food permit issued to a new food establishment on or
1327 after September 1, 2023, is valid for 1 calendar year after the
1328 date of issuance and must be renewed annually on or before that
1329 date thereafter.
1330 2. Effective January 1, 2024, A food permit issued before
1331 September 1, 2023, expires on the month and day the initial
1332 permit was issued to the food establishment and must be renewed
1333 annually on or before that date thereafter. The department may
1334 charge a prorated permit fee for purposes of this subparagraph.
1335 3. The department may establish a single permit renewal
1336 date for multiple food establishments owned by the same entity
1337 The owner of 100 or more permitted food establishment locations
1338 may elect to set the expiration of food permits for such
1339 establishments as December 31 of each calendar year.
1340 Section 49. Section 500.166, Florida Statutes, is amended
1341 to read:
1342 500.166 Records of interstate shipment.—For the purpose of
1343 enforcing this chapter, carriers engaged in interstate commerce
1344 and persons receiving food in interstate commerce shall retain
1345 all records for 3 years from the date of the record showing the
1346 movement in interstate commerce of any food, and the quantity,
1347 shipper and consignee thereof and, upon the request by an
1348 officer or employee duly designated by the department, permit
1349 the officer or employee to have access to and to copy all
1350 records showing the movement in interstate commerce of any food,
1351 and the quantity, shipper, and consignee thereof.
1352 Section 50. Subsection (1) of section 500.172, Florida
1353 Statutes, is amended to read:
1354 500.172 Embargoing, detaining, destroying of food, food
1355 processing equipment, or areas that are in violation.—
1356 (1) When the department, or its duly authorized agent who
1357 has received appropriate education and training regarding the
1358 legal requirements of this chapter, finds or has probable cause
1359 to believe that any food, food processing equipment, food
1360 processing area, or food storage area is in violation of this
1361 chapter or any rule adopted under this chapter so as to be
1362 dangerous, unwholesome, mislabeled, fraudulent, or insanitary
1363 within the meaning of this chapter, an agent of the department
1364 may issue and enforce a stop-sale, stop-use, removal, or hold
1365 order, which order gives notice that such article, processing
1366 equipment, processing area, or storage area is or is suspected
1367 of being in violation and has been detained or embargoed and
1368 which order warns all persons not to remove, use, or dispose of
1369 such article, processing equipment, processing area, or storage
1370 area by sale or otherwise until permission for removal, use, or
1371 disposal is given by the department or the court. The department
1372 is authorized to enter into a written agreement with the owner
1373 of such food, food processing equipment, food processing area,
1374 or food storage area, or otherwise facilitate the destruction of
1375 any article found or suspected by the department to be in
1376 violation of this section. A person may not remove, use, or
1377 dispose of such detained or embargoed article, processing
1378 equipment, processing area, or storage area by sale or otherwise
1379 without such permission from or in accordance with a written
1380 agreement with the department.
1381 Section 51. Section 500.75, Florida Statutes, is created to
1382 read:
1383 500.75 Mushrooms spores and mycelium; offenses.—It is
1384 unlawful to transport, import, sell, offer for sale, furnish, or
1385 give away spores or mycelium capable of producing mushrooms or
1386 other material which will contain a controlled substance,
1387 including psilocybin or psilocyn, during its lifecycle. A person
1388 who transports, imports into this state, sells, offers for sale,
1389 furnishes, gives away, or offers to transport, import into this
1390 state, sell, furnish, or give away any spores or mycelium
1391 capable of producing mushrooms or other material which will
1392 contain a controlled substance commits a misdemeanor of the
1393 first degree, punishable as provided in s. 775.082 or s.
1394 775.083.
1395 Section 52. Section 500.93, Florida Statutes, is created to
1396 read:
1397 500.93 Mislabeling of plant-based products as milk, meat,
1398 or poultry.—
1399 (1) As used in this section, the term:
1400 (a) “Egg” and “egg product” have the same meanings as in 21
1401 U.S.C. s. 1033 and the Egg Products Inspection Act.
1402 (b) “FDA” means the United States Food and Drug
1403 Administration.
1404 (c) “Meat” has the same meaning as in 9 C.F.R. s. 301.2 and
1405 the Federal Meat Inspection Act.
1406 (d) “Milk” has the same meaning as in 21 C.F.R. s. 131.110
1407 and the Grade “A” pasteurized milk ordinance.
1408 (e) “Poultry” and “poultry product” have the same meanings
1409 as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act.
1410 (2)(a) In accordance with the established standard of
1411 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade
1412 “A” pasteurized milk ordinance, the department shall adopt rules
1413 to enforce the FDA’s standard of identity for milk, as adopted
1414 in state law, to prohibit the sale of plant-based products
1415 mislabeled as milk in this state.
1416 (b) This subsection is effective upon the enactment into
1417 law of a mandatory labeling requirement to prohibit the sale of
1418 plant-based products mislabeled as milk that is consistent with
1419 this section by any 11 of the group of 14 states composed of
1420 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1421 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1422 Texas, Virginia, and West Virginia.
1423 (3)(a) In accordance with the established standard of
1424 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal
1425 Meat Inspection Act, and both poultry and poultry products
1426 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection
1427 Act, the department shall adopt rules to enforce the FDA’s
1428 standard of identity for meat, poultry, and poultry products as
1429 adopted in this section, to prohibit the sale of plant-based
1430 products mislabeled as meat, poultry, or poultry products in
1431 this state.
1432 (b) This subsection is effective upon the enactment into
1433 law of a mandatory labeling requirement to prohibit the sale of
1434 plant-based products mislabeled as meat, poultry, or poultry
1435 products which is consistent with this section by any 11 of the
1436 group of 14 states composed of Alabama, Arkansas, Florida,
1437 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma,
1438 South Carolina, Tennessee, Texas, Virginia, and West Virginia.
1439 (4)(a) In accordance with the established standard of
1440 identity for eggs and egg products defined in 21 U.S.C. s. 1033
1441 and the Egg Products Inspection Act, the department shall adopt
1442 rules to enforce the FDA’s standard of identity for eggs and egg
1443 products, as adopted in state law, to prohibit the sale of
1444 plant-based products mislabeled as egg or egg products in this
1445 state.
1446 (b) This subsection is effective upon the enactment into
1447 law of a mandatory labeling requirement to prohibit the sale of
1448 plant-based products mislabeled as egg or egg products that is
1449 consistent with this section by any 11 of the group of 14 states
1450 composed of Alabama, Arkansas, Florida, Georgia, Kentucky,
1451 Louisiana, Maryland, Mississippi, Oklahoma, South Carolina,
1452 Tennessee, Texas, Virginia, and West Virginia.
1453 (5) The Department of Agriculture and Consumer Services
1454 shall notify the Division of Law Revision upon the enactment
1455 into law by any 11 of the group of 14 states composed of
1456 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1457 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1458 Texas, Virginia, and West Virginia of the mandatory labeling
1459 requirements pursuant to subsections (2) and (3).
1460 (6) The department shall adopt rules to implement this
1461 section.
1462 (7) This section may not be construed to limit the
1463 department’s authority to enforce its laws and regulations.
1464 Section 53. Section 501.135, Florida Statutes, is repealed.
1465 Section 54. Subsection (1) of section 501.912, Florida
1466 Statutes, is amended to read:
1467 501.912 Definitions.—As used in ss. 501.91-501.923:
1468 (1) “Antifreeze” means any substance or preparation,
1469 including, but not limited to, coolant, antifreeze-coolant,
1470 antifreeze and summer coolant, or summer coolant, that is sold,
1471 distributed, or intended for use:
1472 (a) As the cooling liquid, or to be added to the cooling
1473 liquid, in the cooling system of internal combustion engines of
1474 motor vehicles to prevent freezing of the cooling liquid or to
1475 lower its freezing point; or
1476 (b) To raise the boiling point of water, aid in vehicle
1477 component cooling, or for the prevention of engine overheating,
1478 whether or not the liquid is used as a year-round cooling system
1479 fluid.
1480 Section 55. Section 525.19, Florida Statutes, is created to
1481 read:
1482 525.19 Petroleum registration.—
1483 (1) The department shall create an annual petroleum
1484 registration program for petroleum owners or operators and shall
1485 adopt rules detailing the requirements for such registration
1486 that include, at minimum:
1487 (a) Name of the petroleum owner or operator;
1488 (b) Address of the petroleum owner or operator;
1489 (c) Phone number of the petroleum owner or operator;
1490 (d) E-mail address of the petroleum owner or operator;
1491 (e) Requirements for the transfer switch;
1492 (f) Fuel and petroleum infrastructure; and
1493 (g) Fuel and petroleum inventory and delivery information.
1494 (2) The registration program must be free for all
1495 registrants.
1496 (3) The department has the authority to require registrants
1497 to provide updates related to the status of infrastructure,
1498 inventory, and delivery information during a state of emergency
1499 as declared by an executive order issued by the Governor.
1500 Section 56. Section 526.147, Florida Statutes, is created
1501 to read:
1502 526.147 Florida Retail Fuel Transfer Switch Modernization
1503 Grant Program.—
1504 (1)(a) There is created, subject to appropriation, the
1505 Florida Retail Fuel Transfer Switch Modernization Grant Program
1506 within the Department of Agriculture and Consumer Services.
1507 (b) The grant program shall provide grant funds, not to
1508 exceed $10,000 per retail fuel facility, to be used for
1509 installation and equipment costs related to installing or
1510 modernizing transfer switch infrastructure at retail fuel
1511 facilities to allow for the continuity of fueling operations
1512 under generated power.
1513 (c) The department shall award funds based upon the
1514 following criteria:
1515 1. Up to $10,000, of costs for transfer switch purchase and
1516 installation for retail fuel locations in fiscally constrained
1517 counties as designated under s. 218.67(1).
1518 2. Up to $5,000, of costs for transfer switch purchase and
1519 installation for all other retail fuel locations.
1520 (d) Retail fuel facilities which are awarded grant funds
1521 must comply with s. 526.143 and must install a transfer switch
1522 capable of operating all fuel pumps, dispensing equipment, life
1523 safety systems, and payment acceptance equipment using an
1524 alternative generated power source.
1525 (e) Before being awarded funding from the department,
1526 retail fuel facilities must provide documentation on transfer
1527 switch installation and required generator sizing to the
1528 department.
1529 (f) Marinas and fueling facilities with fewer than 4
1530 fueling positions are excluded from being awarded funding
1531 through this program.
1532 (g) Fueling facilities subject to s. 526.143(2) are
1533 excluded from being awarded funding through this program.
1534 (2) The department, in consultation with the Division of
1535 Emergency Management, shall adopt rules to implement and
1536 administer this section, including establishing grant
1537 application processes for the Florida Retail Fuel Transfer
1538 Switch Modernization Grant Program. The rules must include
1539 application deadlines and establish the supporting documentation
1540 necessary to be provided to the department.
1541 Section 57. Section 531.48, Florida Statutes, is amended to
1542 read:
1543 531.48 Declarations of unit price on random packages.—In
1544 addition to the declarations required by s. 531.47, any package
1545 being one of a lot containing random weights of the same
1546 commodity must and bearing the total selling price of the
1547 package shall bear on the outside of the package a plain and
1548 conspicuous declaration of the price per single unit of weight
1549 and the total retail price of the package, as defined by
1550 department rule.
1551 Section 58. Section 531.49, Florida Statutes, is amended to
1552 read:
1553 531.49 Advertising packages for sale.—Whenever A packaged
1554 commodity is advertised in any manner with the retail price
1555 stated, there shall be closely and conspicuously associated with
1556 the retail price must have a declaration of quantity as is
1557 required by law or rule to appear on the package.
1558 Section 59. Present subsections (44), (45), and (46) of
1559 section 570.07, Florida Statutes, are redesignated as
1560 subsections (47), (48), and (49), respectively, and new
1561 subsections (44), (45), and (46) are added to that section, to
1562 read:
1563 570.07 Department of Agriculture and Consumer Services;
1564 functions, powers, and duties.—The department shall have and
1565 exercise the following functions, powers, and duties:
1566 (44)(a) To foster and encourage the employment and
1567 retention of qualified veterinary pathologists. The department
1568 may reimburse the educational expenses of qualified veterinary
1569 pathologists who enter into an agreement with the department to
1570 retain employment for a specified period of time.
1571 (b) The department shall adopt rules to administer this
1572 subsection.
1573 (45) Subject to appropriation, to extend state and national
1574 Future Farmers of America opportunities to any public school
1575 student enrolled in agricultural education, at little or no cost
1576 to the student or school district, and to support statewide
1577 Future Farmers of America programming that helps such students
1578 develop their potential for premier leadership, personal growth,
1579 and career success.
1580 (46)(a) Notwithstanding ss. 287.042 and 287.057, to use
1581 contracts procured by another agency.
1582 (b) As used in this subsection, the term “agency” has the
1583 same meaning as provided in s. 287.012.
1584 Section 60. Subsection (2) of section 570.544, Florida
1585 Statutes, is amended to read:
1586 570.544 Division of Consumer Services; director; powers;
1587 processing of complaints; records.—
1588 (2) The director shall supervise, direct, and coordinate
1589 the activities of the division and shall, under the direction of
1590 the department, enforce the provisions of ss. 366.94 and ss.
1591 604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526,
1592 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849.
1593 Section 61. Section 570.546, Florida Statutes, is created
1594 to read:
1595 570.546 Licensing.—
1596 (1) The department is authorized to:
1597 (a) Create a process for the bulk renewal of licenses which
1598 will allow licensees the ability, upon request, to submit all
1599 license applications of the same type, notwithstanding any
1600 provisions of law applicable to each application process.
1601 (b) Create a process that will allow licensees, upon
1602 request, to align the expiration dates of licenses within a
1603 statutory program.
1604 (c) Change the expiration dates for current licensees for
1605 the purpose of reducing large numbers of license expirations
1606 that occur during the same month.
1607 (2) The department shall prorate any licensing fee for
1608 which the term of the license was reduced for the purposes of
1609 alignment.
1610 (3) The department shall adopt rules to implement this
1611 section.
1612 Section 62. Section 570.694, Florida Statutes, is created
1613 to read:
1614 570.694 Florida Aquaculture Foundation.—
1615 (1) The Florida Aquaculture Foundation is established as a
1616 direct-support organization within the Department of Agriculture
1617 and Consumer Services. The purpose of the foundation is to:
1618 (a) Conduct programs and activities related to the
1619 assistance, promotion, and furtherance of aquaculture and
1620 aquaculture producers in this state.
1621 (b) Identify and pursue methods to provide statewide
1622 resources and materials for these programs.
1623 (2) The foundation shall be governed by s. 570.691.
1624 (3) The department is authorized to appoint an advisory
1625 committee adjunct to the foundation pursuant to s. 570.232.
1626 Section 63. Section 570.822, Florida Statutes, is amended
1627 to read:
1628 570.822 Agriculture and Aquaculture Producers Emergency
1629 Natural Disaster Recovery Loan Program.—
1630 (1) DEFINITIONS.—As used in this section, the term:
1631 (a) “Bona fide farm operation” means a farm operation
1632 engaged in a good faith commercial agricultural use of land on
1633 land classified as agricultural pursuant to s. 193.461 or on
1634 sovereign submerged land that is leased to the applicant by the
1635 department pursuant to s. 597.010 and that produces agricultural
1636 products within the definition of agriculture under s. 570.02.
1637 (b) “Declared emergency natural disaster” means an
1638 emergency a natural disaster for which a state of emergency is
1639 declared pursuant to s. 252.36 or s. 570.07(21).
1640 (c) “Department” means the Department of Agriculture and
1641 Consumer Services.
1642 (d) “Essential physical property” means fences; equipment;
1643 structural production facilities, such as shade houses and
1644 greenhouses; or other agriculture or aquaculture facilities or
1645 infrastructure.
1646 (e) “Program” means the Agriculture and Aquaculture
1647 Producers Emergency Natural Disaster Recovery Loan Program.
1648 (2) USE OF LOAN FUNDS; LOAN TERMS.—
1649 (a) The program is established within the department to
1650 make loans to agriculture and aquaculture producers that have
1651 experienced damage or destruction from a declared emergency
1652 natural disaster. Loan funds may be used to restore, repair, or
1653 replace essential physical property or remove vegetative debris
1654 from essential physical property, or restock aquaculture. A
1655 structure or building constructed using loan proceeds must
1656 comply with storm-hardening standards for nonresidential farm
1657 buildings as defined in s. 604.50(2). The department shall adopt
1658 such standards by rule.
1659 (b) The department may make a low-interest or interest-free
1660 loan to an eligible applicant. The maximum amount that an
1661 applicant may receive during the application period for a loan
1662 is $500,000. An applicant may not receive more than one loan per
1663 application period and no more than two loans per year or no
1664 more than five loans in any 3-year period. A loan term is 10
1665 years.
1666 (3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
1667 applicant must:
1668 (a) Own or lease a bona fide farm operation that is located
1669 in a county named in a declared emergency natural disaster and
1670 that was damaged or destroyed as a result of such declared
1671 emergency natural disaster.
1672 (b) Maintain complete and acceptable farm records, pursuant
1673 to criteria published by the department, and present them as
1674 proof of production levels and bona fide farm operations.
1675 (4) LOAN APPLICATION AND AGREEMENT.—
1676 (a) Requests for loans must be made by application to the
1677 department. Upon a determination that funding for loans is
1678 available, the department shall publicly notice an application
1679 period for the declared emergency natural disaster, beginning
1680 within 60 days after the date of the declared emergency natural
1681 disaster and running up to 1 year after the date of the declared
1682 emergency natural disaster or until all available loan funds are
1683 exhausted, whichever occurs first. The application may be
1684 renewed upon a determination from the department and pursuant to
1685 an active declared emergency.
1686 (b) An applicant must demonstrate the need for financial
1687 assistance and an ability to repay or meet a standard credit
1688 rating determined by the department.
1689 (c) Loans must be made pursuant to written agreements
1690 specifying the terms and conditions agreed to by the approved
1691 applicant and the department. The loan agreement must specify
1692 that the loan is due upon sale if the property or other
1693 collateral for the loan is sold.
1694 (d) An approved applicant must agree to stay in production
1695 for the duration of the loan. A loan is not assumable.
1696 (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
1697 by a lien, subordinate only to any mortgage held by a financial
1698 institution as defined in s. 655.005, on property or other
1699 collateral as set forth in the loan agreement. The specific type
1700 of collateral required may vary depending upon the loan purpose,
1701 repayment ability, and the particular circumstances of the
1702 applicant. The department shall record the lien in public
1703 records in the county where the property is located and, in the
1704 case of personal property, perfect the security interest by
1705 filing appropriate Uniform Commercial Code forms with the
1706 Florida Secured Transaction Registry as required pursuant to
1707 chapter 679.
1708 (6) LOAN REPAYMENT.—
1709 (a) A loan is due and payable in accordance with the terms
1710 of the loan agreement.
1711 (b) The department shall defer payments for the first 3
1712 years of the loan. After 3 years, the department shall reduce
1713 the principal balance annually through the end of the loan term
1714 such that the original principal balance is reduced by 30
1715 percent. If the principal balance is repaid before the end of
1716 the 10th year, the applicant may not be required to pay more
1717 than 70 percent of the original principal balance. The approved
1718 applicant must continue to be actively engaged in production in
1719 order to receive the original principal balance reductions and
1720 must continue to meet the loan agreement terms to the
1721 satisfaction of the department.
1722 (c) An approved applicant may make payments on the loan at
1723 any time without penalty. Early repayment is encouraged as other
1724 funding sources or revenues become available to the approved
1725 applicant.
1726 (d) All repayments of principal and interest, if
1727 applicable, received by the department in a fiscal year must be
1728 returned to the loan fund and made available for loans to other
1729 applicants in the next application period.
1730 (e) The department may periodically review an approved
1731 applicant to determine whether he or she continues to be in
1732 compliance with the terms of the loan agreement. If the
1733 department finds that an applicant is no longer in production or
1734 has otherwise violated the loan agreement, the department may
1735 seek repayment of the full original principal balance
1736 outstanding, including any interest or costs, as applicable, and
1737 excluding any applied or anticipated original principal balance
1738 reductions.
1739 (f) The department may defer or waive loan payments if at
1740 any time during the repayment period of a loan, the approved
1741 applicant experiences a significant hardship such as crop loss
1742 from a weather-related event or from impacts from a natural
1743 disaster or declared emergency.
1744 (7) ADMINISTRATION.—
1745 (a) The department shall create and maintain a separate
1746 account in the General Inspection Trust Fund as a fund for the
1747 program. All repayments must be returned to the loan fund and
1748 made available as provided in this section. Notwithstanding s.
1749 216.301, funds appropriated for the loan program are not subject
1750 to reversion. The department shall manage the fund, establishing
1751 loan practices that must include, but are not limited to,
1752 procedures for establishing loan interest rates, uses of
1753 funding, application procedures, and application review
1754 procedures. The department is authorized to contract with a
1755 third-party administrator to administer the program and manage
1756 the loan fund. A contract for a third-party administrator that
1757 includes management of the loan fund must, at a minimum, require
1758 maintenance of the loan fund to ensure that the program may
1759 operate in a revolving manner.
1760 (b) The department shall coordinate with other state
1761 agencies and other entities to ensure to the greatest extent
1762 possible that agriculture and aquaculture producers in this
1763 state have access to the maximum financial assistance available
1764 following a declared emergency natural disaster. The
1765 coordination must endeavor to ensure that there is no
1766 duplication of financial assistance between the loan program and
1767 other funding sources, such as any federal or other state
1768 programs, including public assistance requests to the Federal
1769 Emergency Management Agency or financial assistance from the
1770 United States Department of Agriculture, which could render the
1771 approved applicant ineligible for other financial assistance.
1772 (8) PUBLIC RECORDS EXEMPTION.—
1773 (a) The following information held by the department
1774 pursuant to its administration of the program is exempt from s.
1775 119.07(1) and s. 24(a), Art. I of the State Constitution:
1776 1. Tax returns.
1777 2. Credit history information, credit reports, and credit
1778 scores.
1779 (b) This subsection does not prohibit the disclosure of
1780 information held by the department pursuant to its
1781 administration of the program in an aggregated and anonymized
1782 format.
1783 (c) This subsection is subject to the Open Government
1784 Sunset Review Act in accordance with s. 119.15 and shall stand
1785 repealed on October 2, 2029, unless reviewed and saved from
1786 repeal through reenactment by the Legislature.
1787 (9) RULES.—The department shall adopt rules to implement
1788 this section.
1789 (10) REPORTS.—By December 1, 2024, and each December 1
1790 thereafter, the department shall provide a report on program
1791 activities during the previous fiscal year to the President of
1792 the Senate and the Speaker of the House of Representatives. The
1793 report must include information on noticed application periods,
1794 the number and value of loans awarded under the program for each
1795 application period, the number and value of loans outstanding,
1796 the number and value of any loan repayments received, and an
1797 anticipated repayment schedule for all loans.
1798 (11) SUNSET.—This section expires July 1, 2043, unless
1799 reviewed and saved from repeal through reenactment by the
1800 Legislature.
1801 Section 64. Section 570.823, Florida Statutes, is created
1802 to read:
1803 570.823 Silviculture emergency recovery program.—
1804 (1) DEFINITIONS.—As used in this section, the term:
1805 (a) “Bona fide farm operation” means a farm operation
1806 engaged in a good faith commercial agricultural use of land on
1807 land classified as agricultural pursuant to s. 193.461 that
1808 produces agricultural products within the definition of
1809 agriculture under s. 570.02.
1810 (b) “Declared emergency” means an emergency for which a
1811 state of emergency is declared pursuant to s. 252.36 or s.
1812 570.07(21).
1813 (c) “Department” means the Department of Agriculture and
1814 Consumer Services.
1815 (d) “Program” means the silviculture emergency recovery
1816 program.
1817 (2) USE OF GRANT FUNDS; GRANT TERMS.—
1818 (a) The silviculture emergency recovery program is
1819 established within the department to administer a grant program
1820 to assist timber landowners whose timber land was damaged as a
1821 result of a declared emergency. Grants provided to eligible
1822 timber landowners must be used for:
1823 1. Timber stand restoration, including downed tree removal
1824 on land which will retain the existing trees on site which are
1825 lightly or completely undamaged;
1826 2. Site preparation, and tree replanting; or
1827 3. Road and trail clearing on private timber lands to
1828 provide emergency access and facilitate salvage operations.
1829 (b) Only timber land located on lands classified as
1830 agricultural lands under s. 193.461 are eligible for the
1831 program.
1832 (c) The department shall coordinate with state agencies and
1833 other entities to ensure to the greatest extent possible that
1834 timber landowners have access to the maximum financial
1835 assistance available following a specified declared emergency.
1836 The coordination must endeavor to ensure that there is no
1837 duplication of financial assistance between these funds and
1838 other funding sources, such as any federal or other state
1839 programs, including public assistance requests to the Federal
1840 Emergency Management Agency or financial assistance from the
1841 United States Department of Agriculture, which would render the
1842 approved applicant ineligible for other financial assistance.
1843 (d) The department is authorized to adopt rules to
1844 implement this section, including emergency rules.
1845 Notwithstanding any other provision of law, emergency rules
1846 adopted pursuant to this subsection are effective for 6 months
1847 after adoption and may be renewed during the pendency of
1848 procedures to adopt permanent rules addressing the subject of
1849 the emergency rules.
1850 Section 65. Subsections (2) and (5) of section 581.1843,
1851 Florida Statutes, are amended to read:
1852 581.1843 Citrus nursery stock propagation and production
1853 and the establishment of regulated areas around citrus
1854 nurseries.—
1855 (2) Effective January 1, 2007, it is unlawful for any
1856 person to propagate for sale or movement any citrus nursery
1857 stock that was not propagated or grown on a site and within a
1858 protective structure approved by the department and that is not
1859 at least 1 mile away from commercial citrus groves. A citrus
1860 nursery registered with the department prior to April 1, 2006,
1861 shall not be required to comply with the 1-mile setback from
1862 commercial citrus groves while continuously operating at the
1863 same location for which it was registered. However, the nursery
1864 shall be required to propagate citrus within a protective
1865 structure approved by the department. Effective January 1, 2008,
1866 it is shall be unlawful to distribute any citrus nursery stock
1867 that was not produced in a protective structure approved by the
1868 department.
1869 (5) The department shall establish regulated areas around
1870 the perimeter of commercial citrus nurseries that were
1871 established on sites after April 1, 2006, not to exceed a radius
1872 of 1 mile. The planting of citrus in an established regulated
1873 area is prohibited. The planting of citrus within a 1-mile
1874 radius of commercial citrus nurseries that were established on
1875 sites prior to April 1, 2006, must be approved by the
1876 department. Citrus plants planted within a regulated area prior
1877 to the establishment of the regulated area may remain in the
1878 regulated area unless the department determines the citrus
1879 plants to be infected or infested with citrus canker or citrus
1880 greening. The department shall require the removal of infected
1881 or infested citrus, nonapproved planted citrus, and citrus that
1882 has sprouted by natural means in regulated areas. The property
1883 owner shall be responsible for the removal of citrus planted
1884 without proper approval. Notice of the removal of citrus trees,
1885 by immediate final order of the department, shall be provided to
1886 the owner of the property on which the trees are located. An
1887 immediate final order issued by the department under this
1888 section shall notify the property owner that the citrus trees,
1889 which are the subject of the immediate final order, must be
1890 removed and destroyed unless the property owner, no later than
1891 10 days after delivery of the immediate final order, requests
1892 and obtains a stay of the immediate final order from the
1893 district court of appeal with jurisdiction to review such
1894 requests. The property owner shall not be required to seek a
1895 stay from the department of the immediate final order prior to
1896 seeking a stay from the district court of appeal.
1897 Section 66. Sections 593.101, 593.102, 593.103, 593.104,
1898 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111,
1899 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116,
1900 and 593.117, Florida Statutes, are repealed.
1901 Section 67. Subsection (11) of section 595.404, Florida
1902 Statutes, is amended to read:
1903 595.404 School food and other nutrition programs; powers
1904 and duties of the department.—The department has the following
1905 powers and duties:
1906 (11) To adopt and implement an appeal process by rule, as
1907 required by federal regulations, for applicants and participants
1908 under the programs implemented pursuant to this chapter,
1909 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss.
1910 120.569 and 120.57-120.595.
1911 Section 68. Section 599.002, Florida Statutes, is amended
1912 to read:
1913 599.002 Florida Wine Viticulture Advisory Council.—
1914 (1) There is created within the Department of Agriculture
1915 and Consumer Services the Florida Wine Viticulture Advisory
1916 Council, to be composed consist of eight members as follows: the
1917 president of the Florida Wine and Grape Growers Association
1918 Florida Grape Growers’ Association or a designee thereof; a
1919 representative from the Institute of Food and Agricultural
1920 Sciences; a representative from the viticultural science program
1921 at Florida Agricultural and Mechanical University; and five
1922 additional commercial members, to be appointed for a 2-year term
1923 each by the Commissioner of Agriculture, including a wine
1924 producer, a fresh fruit producer, a nonwine product (juice,
1925 jelly, pie fillings, etc.) producer, and a viticultural nursery
1926 operator.
1927 (2) The meetings, powers and duties, procedures, and
1928 recordkeeping of the Florida Wine Viticulture Advisory Council
1929 shall be pursuant to s. 570.232.
1930 (3) The primary responsibilities of the Florida Wine
1931 Viticulture Advisory Council are to submit to the Commissioner
1932 of Agriculture, annually, the industry’s recommendations for
1933 wine and viticultural research, promotion, and education and, as
1934 necessary, the industry’s recommendations for revisions to the
1935 State Wine Viticulture Plan.
1936 Section 69. Section 599.003, Florida Statutes, is amended
1937 to read:
1938 599.003 State Wine Viticulture Plan.—
1939 (1) The Commissioner of Agriculture, in consultation with
1940 the Florida Wine Viticulture Advisory Council, shall develop and
1941 coordinate the implementation of the State Wine Viticulture
1942 Plan, which shall identify problems and constraints of the wine
1943 and viticulture industry, propose possible solutions to those
1944 problems, and develop planning mechanisms for the orderly growth
1945 of the industry, including:
1946 (a) Criteria for wine and viticultural research, service,
1947 and management priorities.
1948 (b) Additional proposed legislation that may be required.
1949 (c) Plans and goals to improve research and service
1950 capabilities at Florida Agricultural and Mechanical University
1951 and the University of Florida in their efforts to address
1952 current and future needs of the industry.
1953 (d) The potential for viticulture products in terms of
1954 market and needs for development.
1955 (e) Evaluation of wine policy alternatives, including, but
1956 not limited to, continued improvement in wine quality, blending
1957 considerations, promotion and advertising, labeling and vineyard
1958 designations, and development of production and marketing
1959 strategies.
1960 (f) Evaluation of production and fresh fruit policy
1961 alternatives, including, but not limited to, setting minimum
1962 grades and standards, promotion and advertising, development of
1963 production and marketing strategies, and setting minimum
1964 standards on types and quality of nursery plants.
1965 (g) Evaluation of policy alternatives for nonwine processed
1966 products, including, but not limited to, setting minimum quality
1967 standards and development of production and marketing
1968 strategies.
1969 (h) Research and service priorities for further development
1970 of the wine and viticulture industry.
1971 (i) The identification of state agencies and public and
1972 private institutions concerned with research, education,
1973 extension, services, planning, promotion, and marketing
1974 functions related to wine and viticultural development and the
1975 delineation of contributions and responsibilities.
1976 (j) Business planning, investment potential, financial
1977 risks, and economics of production and utilization.
1978 (2) A revision and update of the State Wine Viticulture
1979 Plan must shall be submitted biennially to the President of the
1980 Senate, the Speaker of the House of Representatives, and the
1981 chairs of appropriate committees of the Senate and House of
1982 Representatives, and a progress report and budget request must
1983 shall be submitted annually.
1984 Section 70. Paragraph (a) of subsection (2) and subsection
1985 (3) of section 599.004, Florida Statutes, are amended, and
1986 paragraph (d) is added to subsection (2) of that section, to
1987 read:
1988 599.004 Florida Farm Winery Program; registration; logo;
1989 fees.—
1990 (2)(a) The department, in coordination with the Florida
1991 Wine Viticulture Advisory Council, shall develop and designate
1992 by rule a Florida Farm Winery logo, emblem, and directional sign
1993 to guide the public to certified Florida Farm Wineries Winery
1994 tourist attractions. The logo and emblem of certified Florida
1995 Farm Winery signs must shall be uniform.
1996 (d) Wineries that fail to recertify annually or pay the
1997 licensing fee required in paragraph (c) are subject to having
1998 the signs referenced in paragraph (b) removed and will be
1999 responsible for all costs incurred by the Department of
2000 Transportation in connection with the removal.
2001 (3) All fees collected, except as otherwise provided by
2002 this section, shall be deposited into the Florida Wine
2003 Viticulture Trust Fund and used to develop consumer information
2004 on the native characteristics and proper use of wines.
2005 Section 71. Section 599.012, Florida Statutes, is amended
2006 to read:
2007 599.012 Wine Viticulture Trust Fund; creation.—
2008 (1) There is established the Viticulture Trust Fund within
2009 the Department of Agriculture and Consumer Services. The
2010 department shall use the moneys deposited in the trust fund
2011 pursuant to subsection (2) to do all the following:
2012 (a) Develop and coordinate the implementation of the State
2013 Viticulture Plan.
2014 (b) Promote viticulture products manufactured from products
2015 grown in the state.
2016 (c) Provide grants for viticultural research.
2017 (2) Fifty percent of the revenues collected from the excise
2018 taxes imposed under s. 564.06 on wine produced by manufacturers
2019 in this state from products grown in the state will be deposited
2020 in the Viticulture Trust Fund in accordance with that section.
2021 Section 72. Subsection (1) of section 616.12, Florida
2022 Statutes, is amended to read:
2023 616.12 Licenses upon certain shows; distribution of fees;
2024 exemptions.—
2025 (1) Each person who operates any traveling show,
2026 exhibition, amusement enterprise, carnival, vaudeville, exhibit,
2027 minstrel, rodeo, theatrical, game or test of skill, riding
2028 device, dramatic repertoire, other show or amusement, or
2029 concession, including a concession operating in a tent,
2030 enclosure, or other temporary structure, within the grounds of,
2031 and in connection with, any annual public fair held by a fair
2032 association shall pay the license taxes provided by law.
2033 However, if the association satisfies the requirements of this
2034 chapter, including securing the required fair permit from the
2035 department, the license taxes and local business tax authorized
2036 in chapter 205 are waived and the department shall issue a tax
2037 exemption certificate. The department shall adopt the proper
2038 forms and rules to administer this section, including the
2039 necessary tax exemption certificate, showing that the fair
2040 association has met all requirements and that the traveling
2041 show, exhibition, amusement enterprise, carnival, vaudeville,
2042 exhibit, minstrel, rodeo, theatrical, game or test of skill,
2043 riding device, dramatic repertoire, other show or amusement, or
2044 concession is exempt.
2045 Section 73. Section 687.16, Florida Statutes, is created to
2046 read:
2047 687.16 Florida Farmer Financial Protection Act.—
2048 (1) SHORT TITLE.—This section may be cited as the “Florida
2049 Farmer Financial Protection Act.”
2050 (2) DEFINITIONS.—
2051 (a) “Agriculture producer” means a person or company
2052 authorized to do business in this state and engaged in the
2053 production of goods derived from plants or animals, including,
2054 but not limited to, the growing of crops, silviculture, animal
2055 husbandry, or the production of livestock or dairy products.
2056 (b) “Agritourism activity” has the same meaning as provided
2057 in s. 570.86.
2058 (c) “Commissioner” means the Commissioner of Agriculture.
2059 (d) “Company” means a for-profit organization, association,
2060 corporation, partnership, joint venture, sole proprietorship,
2061 limited partnership, limited liability partnership, or limited
2062 liability company, including a wholly owned subsidiary,
2063 majority-owned subsidiary, parent company, or affiliate of those
2064 entities or business associations authorized to do business in
2065 this state.
2066 (e) “Denies or restricts” means refusing to provide
2067 services, terminating existing services, or restricting or
2068 burdening the scope or nature of services offered or provided.
2069 (f) “Discriminate in the provision of financial services”
2070 means to deny or restrict services and thereby decline to
2071 provide financial services.
2072 (g) “ESG factor” means any factor or consideration that is
2073 collateral to or not reasonably likely to affect or impact
2074 financial risk and includes the promotion, furtherance, or
2075 achievement of environmental, social, or political goals,
2076 objectives, or outcomes, which may include the agriculture
2077 producer’s greenhouse gas emissions, use of fossil-fuel derived
2078 fertilizer, or use of fossil-fuel powered machinery.
2079 (h) “Farm” means the land, buildings, support facilities,
2080 machinery, and other appurtenances used in the production of
2081 farm or aquaculture products.
2082 (i) “Financial institution” means a company authorized to
2083 do business in this state which has total assets of more than
2084 $100 million and offers financial services. A financial
2085 institution includes any affiliate or subsidiary company, even
2086 if that affiliate or subsidiary company is also a financial
2087 institution.
2088 (j) “Financial service” means any product or service that
2089 is of a financial nature and is offered by a financial
2090 institution.
2091 (3) FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS.—
2092 (a) A financial institution may not discriminate in the
2093 provision of financial services to an agriculture producer
2094 based, in whole or in part, upon an ESG factor.
2095 (b) If a financial institution has made any ESG commitment
2096 related to agriculture, there is an inference that the
2097 institution’s denial or restriction of a financial service to an
2098 agriculture producer violates paragraph (a).
2099 (c) A financial institution may overcome the inference in
2100 paragraph (b) by demonstrating that its denial or restriction of
2101 a financial service was based solely on documented risk
2102 analysis, and not on any ESG factor.
2103 (4) ENFORCEMENT; COMPENSATORY DAMAGES.—The Attorney
2104 General, in consultation with the Office of Financial
2105 Regulation, is authorized to enforce subsection (3). Any
2106 violation of subsection (3) constitutes an unfair trade practice
2107 under part II of chapter 501 and the Attorney General is
2108 authorized to investigate and seek remedies as provided in
2109 general law. Actions for damages may be sought by an aggrieved
2110 party.
2111 Section 74. Paragraph (a) of subsection (3) of section
2112 741.0305, Florida Statutes, is amended to read:
2113 741.0305 Marriage fee reduction for completion of
2114 premarital preparation course.—
2115 (3)(a) All individuals electing to participate in a
2116 premarital preparation course shall choose from the following
2117 list of qualified instructors:
2118 1. A psychologist licensed under chapter 490.
2119 2. A clinical social worker licensed under chapter 491.
2120 3. A marriage and family therapist licensed under chapter
2121 491.
2122 4. A mental health counselor licensed under chapter 491.
2123 5. An official representative of a religious institution
2124 which is recognized under s. 496.404 s. 496.404(23), if the
2125 representative has relevant training.
2126 6. Any other provider designated by a judicial circuit,
2127 including, but not limited to, school counselors who are
2128 certified to offer such courses. Each judicial circuit may
2129 establish a roster of area course providers, including those who
2130 offer the course on a sliding fee scale or for free.
2131 Section 75. Paragraph (h) of subsection (2), subsection
2132 (3), paragraph (c) of subsection (6), and subsection (10) of
2133 section 790.06, Florida Statutes, are amended to read:
2134 790.06 License to carry concealed weapon or concealed
2135 firearm.—
2136 (2) The Department of Agriculture and Consumer Services
2137 shall issue a license if the applicant:
2138 (h) Demonstrates competence with a firearm by any one of
2139 the following:
2140 1. Completion of any hunter education or hunter safety
2141 course approved by the Fish and Wildlife Conservation Commission
2142 or a similar agency of another state;
2143 2. Completion of any National Rifle Association firearms
2144 safety or training course;
2145 3. Completion of any firearms safety or training course or
2146 class available to the general public offered by a law
2147 enforcement agency, junior college, college, or private or
2148 public institution or organization or firearms training school,
2149 using instructors certified by the National Rifle Association,
2150 Criminal Justice Standards and Training Commission, or the
2151 Department of Agriculture and Consumer Services;
2152 4. Completion of any law enforcement firearms safety or
2153 training course or class offered for security guards,
2154 investigators, special deputies, or any division or subdivision
2155 of a law enforcement agency or security enforcement;
2156 5. Presents evidence of equivalent experience with a
2157 firearm through participation in organized shooting competition
2158 or United States military service;
2159 6. Is licensed or has been licensed to carry a concealed
2160 weapon or concealed firearm in this state or a county or
2161 municipality of this state, unless such license has been revoked
2162 for cause; or
2163 7. Completion of any firearms training or safety course or
2164 class conducted by a state-certified or National Rifle
2165 Association certified firearms instructor;
2166
2167 A photocopy of a certificate of completion of any of the courses
2168 or classes; an affidavit from the instructor, school, club,
2169 organization, or group that conducted or taught such course or
2170 class attesting to the completion of the course or class by the
2171 applicant; or a copy of any document that shows completion of
2172 the course or class or evidences participation in firearms
2173 competition shall constitute evidence of qualification under
2174 this paragraph. A person who conducts a course pursuant to
2175 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
2176 an instructor, attests to the completion of such courses, must
2177 maintain records certifying that he or she observed the student
2178 safely handle and discharge the firearm in his or her physical
2179 presence and that the discharge of the firearm included live
2180 fire using a firearm and ammunition as defined in s. 790.001;
2181 (3)(a) The Department of Agriculture and Consumer Services
2182 shall deny a license if the applicant has been found guilty of,
2183 had adjudication of guilt withheld for, or had imposition of
2184 sentence suspended for one or more crimes of violence
2185 constituting a misdemeanor, unless 3 years have elapsed since
2186 probation or any other conditions set by the court have been
2187 fulfilled or the record has been sealed or expunged. The
2188 Department of Agriculture and Consumer Services shall revoke a
2189 license if the licensee has been found guilty of, had
2190 adjudication of guilt withheld for, or had imposition of
2191 sentence suspended for one or more crimes of violence within the
2192 preceding 3 years. The department shall, upon notification by a
2193 law enforcement agency, a court, clerk’s office, or the Florida
2194 Department of Law Enforcement and subsequent written
2195 verification, temporarily suspend a license or the processing of
2196 an application for a license if the licensee or applicant is
2197 arrested or formally charged with a crime that would disqualify
2198 such person from having a license under this section, until
2199 final disposition of the case. The department shall suspend a
2200 license or the processing of an application for a license if the
2201 licensee or applicant is issued an injunction that restrains the
2202 licensee or applicant from committing acts of domestic violence
2203 or acts of repeat violence. The department shall notify the
2204 licensee or applicant suspended under this section of his or her
2205 right to a hearing pursuant to chapter 120. A hearing conducted
2206 regarding the temporary suspension must be for the limited
2207 purpose of determining whether the licensee has been arrested or
2208 charged with a disqualifying crime or issued an injunction or
2209 court order. If the criminal case or injunction results in a
2210 nondisqualifying disposition, the department must issue an order
2211 lifting the suspension upon the applicant or licensee’s
2212 submission to the department of a certified copy of the final
2213 resolution. If the criminal case results in a disqualifying
2214 disposition, the suspension remains in effect and the department
2215 must proceed with denial or revocation proceedings pursuant to
2216 chapter 120.
2217 (b) This subsection may not be construed to limit,
2218 restrict, or inhibit the constitutional right to bear arms and
2219 carry a concealed weapon in this state. The Legislature finds it
2220 a matter of public policy and public safety that it is necessary
2221 to ensure that potentially disqualifying information about an
2222 applicant or licensee is investigated and processed in a timely
2223 manner by the department pursuant to this section. The
2224 Legislature intends to clarify that suspensions pursuant to this
2225 section are temporary, and the department has the duty to make
2226 an eligibility determination and issue a license in the time
2227 frame prescribed in this subsection.
2228 (6)
2229 (c) The Department of Agriculture and Consumer Services
2230 shall, within 90 days after the date of receipt of the items
2231 listed in subsection (5):
2232 1. Issue the license; or
2233 2. Deny the application based solely on the ground that the
2234 applicant fails to qualify under the criteria listed in
2235 subsection (2) or subsection (3). If the Department of
2236 Agriculture and Consumer Services denies the application, it
2237 shall notify the applicant in writing, stating the ground for
2238 denial and informing the applicant of any right to a hearing
2239 pursuant to chapter 120.
2240 3. In the event the result of the criminal history
2241 screening identifies department receives criminal history
2242 information related to a crime that may disqualify the applicant
2243 but does not contain with no final disposition of the crime or
2244 lacks sufficient information to make an eligibility
2245 determination on a crime which may disqualify the applicant, the
2246 time limitation prescribed by this paragraph may be extended for
2247 up to an additional 90 days from the receipt of the information
2248 suspended until receipt of the final disposition or proof of
2249 restoration of civil and firearm rights. The department may make
2250 a request for information to the jurisdiction where the criminal
2251 history information originated but must issue a license if it
2252 does not obtain a disposition or sufficient information to make
2253 an eligibility determination during the additional 90 days if
2254 the applicant is otherwise eligible. The department may take any
2255 action authorized in this section if it receives disqualifying
2256 criminal history information during the additional 90-day review
2257 or after issuance of a license.
2258 (10) A license issued under this section must shall be
2259 temporarily suspended as provided for in subparagraph (6)(c)3.,
2260 or revoked pursuant to chapter 120 if the license was issued in
2261 error or if the licensee:
2262 (a) Is found to be ineligible under the criteria set forth
2263 in subsection (2);
2264 (b) Develops or sustains a physical infirmity which
2265 prevents the safe handling of a weapon or firearm;
2266 (c) Is convicted of a felony which would make the licensee
2267 ineligible to possess a firearm pursuant to s. 790.23;
2268 (d) Is found guilty of a crime under chapter 893, or
2269 similar laws of any other state, relating to controlled
2270 substances;
2271 (e) Is committed as a substance abuser under chapter 397,
2272 or is deemed a habitual offender under s. 856.011(3), or similar
2273 laws of any other state;
2274 (f) Is convicted of a second violation of s. 316.193, or a
2275 similar law of another state, within 3 years after a first
2276 conviction of such section or similar law of another state, even
2277 though the first violation may have occurred before the date on
2278 which the application was submitted;
2279 (g) Is adjudicated an incapacitated person under s.
2280 744.331, or similar laws of any other state; or
2281 (h) Is committed to a mental institution under chapter 394,
2282 or similar laws of any other state.
2283
2284 Notwithstanding s. 120.60(5), service of a notice of the
2285 suspension or revocation of a concealed weapon or concealed
2286 firearm license must be given by either certified mail, return
2287 receipt requested, to the licensee at his or her last known
2288 mailing address furnished to the Department of Agriculture and
2289 Consumer Services, or by personal service. If a notice given by
2290 certified mail is returned as undeliverable, a second attempt
2291 must be made to provide notice to the licensee at that address,
2292 by either first-class mail in an envelope, postage prepaid,
2293 addressed to the licensee at his or her last known mailing
2294 address furnished to the department, or, if the licensee has
2295 provided an e-mail address to the department, by e-mail. Such
2296 mailing by the department constitutes notice, and any failure by
2297 the licensee to receive such notice does not stay the effective
2298 date or term of the suspension or revocation. A request for
2299 hearing must be filed with the department within 21 days after
2300 notice is received by personal delivery, or within 26 days after
2301 the date the department deposits the notice in the United States
2302 mail (21 days plus 5 days for mailing). The department shall
2303 document its attempts to provide notice, and such documentation
2304 is admissible in the courts of this state and constitutes
2305 sufficient proof that notice was given.
2306 Section 76. Subsection (2) of section 812.0151, Florida
2307 Statutes, is amended to read:
2308 812.0151 Retail fuel theft.—
2309 (2)(a) A person commits a felony of the third degree,
2310 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2311 if he or she willfully, knowingly, and without authorization:
2312 1. Breaches a retail fuel dispenser or accesses any
2313 internal portion of a retail fuel dispenser; or
2314 2. Possesses any device constructed for the purpose of
2315 fraudulently altering, manipulating, or interrupting the normal
2316 functioning of a retail fuel dispenser; or
2317 3. Possesses any form of a payment instrument that can be
2318 used, alone or in conjunction with another access device, to
2319 authorize a fuel transaction or obtain fuel, including, but not
2320 limited to, a plastic payment card with a magnetic stripe or a
2321 chip encoded with account information or both, with the intent
2322 to defraud the fuel retailer, the authorized payment instrument
2323 financial account holder, or the banking institution that issued
2324 the payment instrument financial account.
2325 (b) A person commits a felony of the second degree,
2326 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2327 if he or she willfully, knowingly, and without authorization:
2328 1. Physically tampers with, manipulates, removes, replaces,
2329 or interrupts any mechanical or electronic component located on
2330 within the internal or external portion of a retail fuel
2331 dispenser; or
2332 2. Uses any form of electronic communication to
2333 fraudulently alter, manipulate, or interrupt the normal
2334 functioning of a retail fuel dispenser.
2335 (c) A person commits a felony of the third degree,
2336 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2337 if he or she:
2338 1. Obtains fuel as a result of violating paragraph (a) or
2339 paragraph (b); or
2340 2. Modifies a vehicle’s factory installed fuel tank or
2341 possesses any item used to hold fuel which was not fitted to a
2342 vehicle or conveyance at the time of manufacture with the intent
2343 to use such fuel tank or item to hold or transport fuel obtained
2344 as a result of violating paragraph (a) or paragraph (b); or
2345 3. Uses any form of a payment instrument that can be used,
2346 alone or in conjunction with another access device, to authorize
2347 a fuel transaction or obtain fuel, including, but not limited
2348 to, a plastic payment card with a magnetic stripe or a chip
2349 encoded with account information or both, with the intent to
2350 defraud the fuel retailer, the authorized payment instrument
2351 financial account holder, or the banking institution that issued
2352 the payment instrument financial account.
2353 Section 77. Section 812.136, Florida Statutes, is created
2354 to read:
2355 812.136 Mail theft.—
2356 (1) As used in this section, unless the context otherwise
2357 requires:
2358 (a) “Mail” means any letter, postal card, parcel, envelope,
2359 package, bag, or any other sealed article addressed to another,
2360 along with its contents.
2361 (b) “Mail depository” means a mail box, letter box, mail
2362 route, or mail receptacle of a postal service, an office of a
2363 postal service, or mail carrier of a postal service, or a
2364 vehicle of a postal service.
2365 (c) “Postal service” means the United States Postal Service
2366 or its contractors, or any commercial courier that delivers
2367 mail.
2368 (2) Any of the following acts constitutes mail theft:
2369 (a) Removing mail from a mail depository or taking mail
2370 from a mail carrier of a postal service with an intent to steal.
2371 (b) Obtaining custody of mail by fraud or deception with an
2372 intent to steal.
2373 (c) Selling, receiving, possessing, transferring, buying,
2374 or concealing mail obtained by acts described in paragraph (a)
2375 or paragraph (b) of this subsection, while knowing or having
2376 reason to know the mail was obtained illegally.
2377 (3) Any of the following constitutes theft of or
2378 unauthorized reproduction of a mail depository key or lock:
2379 (a) Stealing or obtaining by false pretense any key or lock
2380 adopted by a postal service for a mail depository or other
2381 authorized receptacle for the deposit or delivery of mail.
2382 (b) Knowingly and unlawfully making, forging, or
2383 counterfeiting any such key or possessing any such key or lock
2384 adopted by a postal service with the intent to unlawfully or
2385 improperly use, sell, or otherwise dispose of the key or lock,
2386 or to cause the key or lock to be unlawfully or improperly used,
2387 sold, or otherwise disposed.
2388 (4) The first violation of this section constitutes a
2389 misdemeanor of the first degree, punishable by a term of
2390 imprisonment not exceeding 1 year pursuant to s. 775.082(4)(a)
2391 or a fine not to exceed $1,000 pursuant to s. 775.083(1)(d), or
2392 both. A second or subsequent violation of this section
2393 constitutes a felony of the third degree, punishable by a term
2394 of imprisonment not exceeding 5 years pursuant to s.
2395 775.82(3)(e) or a fine not to exceed $5,000 pursuant to s.
2396 775.083(1)(c), or both.
2397 Section 78. Paragraph (i) of subsection (4) of section
2398 934.50, Florida Statutes, is amended to read:
2399 934.50 Searches and seizure using a drone.—
2400 (4) EXCEPTIONS.—This section does not prohibit the use of a
2401 drone:
2402 (i) By a person or an entity engaged in a business or
2403 profession licensed by the state, or by an agent, employee, or
2404 contractor thereof, if the drone is used only to perform
2405 reasonable tasks within the scope of practice or activities
2406 permitted under such person’s or entity’s license. However, this
2407 exception does not apply to a profession in which the licensee’s
2408 authorized scope of practice includes obtaining information
2409 about the identity, habits, conduct, movements, whereabouts,
2410 affiliations, associations, transactions, reputation, or
2411 character of any society, person, or group of persons.
2412 Section 79. Section 1013.373, Florida Statutes, is created
2413 to read:
2414 1013.373 Educational facilities used for agricultural
2415 education.—
2416 (1) Notwithstanding any other provision of law, a local
2417 government may not adopt any ordinance, regulation, rule, or
2418 policy to prohibit, restrict, regulate, or otherwise limit any
2419 activities of public educational facilities and auxiliary
2420 facilities constructed by a board for agricultural education,
2421 for Future Farmers of America or 4-H activities, or the storage
2422 of any animal or equipment therein.
2423 (2) Lands used for agricultural education or for Future
2424 Farmers of America or 4-H activities are considered agricultural
2425 lands pursuant to s. 193.461 and subject to s. 823.14.
2426 Section 80. For the purpose of incorporating the amendment
2427 made by this act to section 110.205, Florida Statutes, in a
2428 reference thereto, paragraph (a) of subsection (5) of section
2429 295.07, Florida Statutes, is reenacted to read:
2430 295.07 Preference in appointment and retention.—
2431 (5) The following positions are exempt from this section:
2432 (a) Those positions that are exempt from the state Career
2433 Service System under s. 110.205(2); however, all positions under
2434 the University Support Personnel System of the State University
2435 System as well as all Career Service System positions under the
2436 Florida College System and the School for the Deaf and the
2437 Blind, or the equivalent of such positions at state
2438 universities, Florida College System institutions, or the School
2439 for the Deaf and the Blind, are not exempt.
2440 Section 81. For the purpose of incorporating the amendment
2441 made by this act to section 193.461, Florida Statutes, in a
2442 reference thereto, paragraph (r) of subsection (1) of section
2443 125.01, Florida Statutes, is reenacted to read:
2444 125.01 Powers and duties.—
2445 (1) The legislative and governing body of a county shall
2446 have the power to carry on county government. To the extent not
2447 inconsistent with general or special law, this power includes,
2448 but is not restricted to, the power to:
2449 (r) Levy and collect taxes, both for county purposes and
2450 for the providing of municipal services within any municipal
2451 service taxing unit, and special assessments; borrow and expend
2452 money; and issue bonds, revenue certificates, and other
2453 obligations of indebtedness, which power shall be exercised in
2454 such manner, and subject to such limitations, as may be provided
2455 by general law. There shall be no referendum required for the
2456 levy by a county of ad valorem taxes, both for county purposes
2457 and for the providing of municipal services within any municipal
2458 service taxing unit.
2459 1. Notwithstanding any other provision of law, a county may
2460 not levy special assessments on lands classified as agricultural
2461 lands under s. 193.461 unless the revenue from such assessments
2462 has been pledged for debt service and is necessary to meet
2463 obligations of bonds or certificates issued by the county which
2464 remain outstanding on July 1, 2023, including refundings thereof
2465 for debt service savings where the maturity of the debt is not
2466 extended. For bonds or certificates issued after July 1, 2023,
2467 special assessments securing such bonds may not be levied on
2468 lands classified as agricultural under s. 193.461.
2469 2. The provisions of subparagraph 1. do not apply to
2470 residential structures and their curtilage.
2471 Section 82. For the purpose of incorporating the amendment
2472 made by this act to section 193.461, Florida Statutes, in
2473 references thereto, paragraphs (a) through (d) of subsection (3)
2474 of section 163.3162, Florida Statutes, are reenacted to read:
2475 163.3162 Agricultural lands and practices.—
2476 (3) DUPLICATION OF REGULATION.—Except as otherwise provided
2477 in this section and s. 487.051(2), and notwithstanding any other
2478 law, including any provision of chapter 125 or this chapter:
2479 (a) A governmental entity may not exercise any of its
2480 powers to adopt or enforce any ordinance, resolution,
2481 regulation, rule, or policy to prohibit, restrict, regulate, or
2482 otherwise limit an activity of a bona fide farm operation on
2483 land classified as agricultural land pursuant to s. 193.461, if
2484 such activity is regulated through implemented best management
2485 practices, interim measures, or regulations adopted as rules
2486 under chapter 120 by the Department of Environmental Protection,
2487 the Department of Agriculture and Consumer Services, or a water
2488 management district as part of a statewide or regional program;
2489 or if such activity is expressly regulated by the United States
2490 Department of Agriculture, the United States Army Corps of
2491 Engineers, or the United States Environmental Protection Agency.
2492 (b) A governmental entity may not charge a fee on a
2493 specific agricultural activity of a bona fide farm operation on
2494 land classified as agricultural land pursuant to s. 193.461, if
2495 such agricultural activity is regulated through implemented best
2496 management practices, interim measures, or regulations adopted
2497 as rules under chapter 120 by the Department of Environmental
2498 Protection, the Department of Agriculture and Consumer Services,
2499 or a water management district as part of a statewide or
2500 regional program; or if such agricultural activity is expressly
2501 regulated by the United States Department of Agriculture, the
2502 United States Army Corps of Engineers, or the United States
2503 Environmental Protection Agency.
2504 (c) A governmental entity may not charge an assessment or
2505 fee for stormwater management on a bona fide farm operation on
2506 land classified as agricultural land pursuant to s. 193.461, if
2507 the farm operation has a National Pollutant Discharge
2508 Elimination System permit, environmental resource permit, or
2509 works-of-the-district permit or implements best management
2510 practices adopted as rules under chapter 120 by the Department
2511 of Environmental Protection, the Department of Agriculture and
2512 Consumer Services, or a water management district as part of a
2513 statewide or regional program.
2514 (d) For each governmental entity that, before March 1,
2515 2009, adopted a stormwater utility ordinance or resolution,
2516 adopted an ordinance or resolution establishing a municipal
2517 services benefit unit, or adopted a resolution stating the
2518 governmental entity’s intent to use the uniform method of
2519 collection pursuant to s. 197.3632 for such stormwater
2520 ordinances, the governmental entity may continue to charge an
2521 assessment or fee for stormwater management on a bona fide farm
2522 operation on land classified as agricultural pursuant to s.
2523 193.461, if the ordinance or resolution provides credits against
2524 the assessment or fee on a bona fide farm operation for the
2525 water quality or flood control benefit of:
2526 1. The implementation of best management practices adopted
2527 as rules under chapter 120 by the Department of Environmental
2528 Protection, the Department of Agriculture and Consumer Services,
2529 or a water management district as part of a statewide or
2530 regional program;
2531 2. The stormwater quality and quantity measures required as
2532 part of a National Pollutant Discharge Elimination System
2533 permit, environmental resource permit, or works-of-the-district
2534 permit; or
2535 3. The implementation of best management practices or
2536 alternative measures which the landowner demonstrates to the
2537 governmental entity to be of equivalent or greater stormwater
2538 benefit than those provided by implementation of best management
2539 practices adopted as rules under chapter 120 by the Department
2540 of Environmental Protection, the Department of Agriculture and
2541 Consumer Services, or a water management district as part of a
2542 statewide or regional program, or stormwater quality and
2543 quantity measures required as part of a National Pollutant
2544 Discharge Elimination System permit, environmental resource
2545 permit, or works-of-the-district permit.
2546 Section 83. For the purpose of incorporating the amendment
2547 made by this act to section 193.461, Florida Statutes, in a
2548 reference thereto, paragraph (c) of subsection (3) of section
2549 163.3163, Florida Statutes, is reenacted to read:
2550 163.3163 Applications for development permits; disclosure
2551 and acknowledgment of contiguous sustainable agricultural land.—
2552 (3) As used in this section, the term:
2553 (c) “Sustainable agricultural land” means land classified
2554 as agricultural land pursuant to s. 193.461 which is used for a
2555 farm operation that uses current technology, based on science or
2556 research and demonstrated measurable increases in productivity,
2557 to meet future food, feed, fiber, and energy needs, while
2558 considering the environmental impacts and the social and
2559 economic benefits to the rural communities.
2560 Section 84. For the purpose of incorporating the amendment
2561 made by this act to section 193.461, Florida Statutes, in a
2562 reference thereto, subsection (4) of section 163.3164, Florida
2563 Statutes, is reenacted to read:
2564 163.3164 Community Planning Act; definitions.—As used in
2565 this act:
2566 (4) “Agricultural enclave” means an unincorporated,
2567 undeveloped parcel that:
2568 (a) Is owned by a single person or entity;
2569 (b) Has been in continuous use for bona fide agricultural
2570 purposes, as defined by s. 193.461, for a period of 5 years
2571 prior to the date of any comprehensive plan amendment
2572 application;
2573 (c) Is surrounded on at least 75 percent of its perimeter
2574 by:
2575 1. Property that has existing industrial, commercial, or
2576 residential development; or
2577 2. Property that the local government has designated, in
2578 the local government’s comprehensive plan, zoning map, and
2579 future land use map, as land that is to be developed for
2580 industrial, commercial, or residential purposes, and at least 75
2581 percent of such property is existing industrial, commercial, or
2582 residential development;
2583 (d) Has public services, including water, wastewater,
2584 transportation, schools, and recreation facilities, available or
2585 such public services are scheduled in the capital improvement
2586 element to be provided by the local government or can be
2587 provided by an alternative provider of local government
2588 infrastructure in order to ensure consistency with applicable
2589 concurrency provisions of s. 163.3180; and
2590 (e) Does not exceed 1,280 acres; however, if the property
2591 is surrounded by existing or authorized residential development
2592 that will result in a density at buildout of at least 1,000
2593 residents per square mile, then the area shall be determined to
2594 be urban and the parcel may not exceed 4,480 acres.
2595 Section 85. For the purpose of incorporating the amendment
2596 made by this act to section 193.461, Florida Statutes, in a
2597 reference thereto, subsection (5) of section 163.3194, Florida
2598 Statutes, is reenacted to read:
2599 163.3194 Legal status of comprehensive plan.—
2600 (5) The tax-exempt status of lands classified as
2601 agricultural under s. 193.461 shall not be affected by any
2602 comprehensive plan adopted under this act as long as the land
2603 meets the criteria set forth in s. 193.461.
2604 Section 86. For the purpose of incorporating the amendment
2605 made by this act to section 193.461, Florida Statutes, in a
2606 reference thereto, subsection (4) of section 170.01, Florida
2607 Statutes, is reenacted to read:
2608 170.01 Authority for providing improvements and levying and
2609 collecting special assessments against property benefited.—
2610 (4) Notwithstanding any other provision of law, a
2611 municipality may not levy special assessments for the provision
2612 of fire protection services on lands classified as agricultural
2613 lands under s. 193.461 unless the land contains a residential
2614 dwelling or nonresidential farm building, with the exception of
2615 an agricultural pole barn, provided the nonresidential farm
2616 building exceeds a just value of $10,000. Such special
2617 assessments must be based solely on the special benefit accruing
2618 to that portion of the land consisting of the residential
2619 dwelling and curtilage, and qualifying nonresidential farm
2620 buildings. As used in this subsection, the term “agricultural
2621 pole barn” means a nonresidential farm building in which 70
2622 percent or more of the perimeter walls are permanently open and
2623 allow free ingress and egress.
2624 Section 87. For the purpose of incorporating the amendment
2625 made by this act to section 193.461, Florida Statutes, in a
2626 reference thereto, subsection (2) of section 193.052, Florida
2627 Statutes, is reenacted to read:
2628 193.052 Preparation and serving of returns.—
2629 (2) No return shall be required for real property the
2630 ownership of which is reflected in instruments recorded in the
2631 public records of the county in which the property is located,
2632 unless otherwise required in this title. In order for land to be
2633 considered for agricultural classification under s. 193.461 or
2634 high-water recharge classification under s. 193.625, an
2635 application for classification must be filed on or before March
2636 1 of each year with the property appraiser of the county in
2637 which the land is located, except as provided in s.
2638 193.461(3)(a). The application must state that the lands on
2639 January 1 of that year were used primarily for bona fide
2640 commercial agricultural or high-water recharge purposes.
2641 Section 88. For the purpose of incorporating the amendment
2642 made by this act to section 193.461, Florida Statutes, in a
2643 reference thereto, section 193.4615, Florida Statutes, is
2644 reenacted to read:
2645 193.4615 Assessment of obsolete agricultural equipment.—For
2646 purposes of ad valorem property taxation, agricultural equipment
2647 that is located on property classified as agricultural under s.
2648 193.461 and that is no longer usable for its intended purpose
2649 shall be deemed to have a market value no greater than its value
2650 for salvage.
2651 Section 89. For the purpose of incorporating the amendment
2652 made by this act to section 193.461, Florida Statutes, in
2653 references thereto, paragraph (a) of subsection (5) and
2654 paragraph (a) of subsection (19) of section 212.08, Florida
2655 Statutes, are reenacted to read:
2656 212.08 Sales, rental, use, consumption, distribution, and
2657 storage tax; specified exemptions.—The sale at retail, the
2658 rental, the use, the consumption, the distribution, and the
2659 storage to be used or consumed in this state of the following
2660 are hereby specifically exempt from the tax imposed by this
2661 chapter.
2662 (5) EXEMPTIONS; ACCOUNT OF USE.—
2663 (a) Items in agricultural use and certain nets.—There are
2664 exempt from the tax imposed by this chapter nets designed and
2665 used exclusively by commercial fisheries; disinfectants,
2666 fertilizers, insecticides, pesticides, herbicides, fungicides,
2667 and weed killers used for application on crops or groves,
2668 including commercial nurseries and home vegetable gardens, used
2669 in dairy barns or on poultry farms for the purpose of protecting
2670 poultry or livestock, or used directly on poultry or livestock;
2671 animal health products that are administered to, applied to, or
2672 consumed by livestock or poultry to alleviate pain or cure or
2673 prevent sickness, disease, or suffering, including, but not
2674 limited to, antiseptics, absorbent cotton, gauze for bandages,
2675 lotions, vaccines, vitamins, and worm remedies; aquaculture
2676 health products that are used by aquaculture producers, as
2677 defined in s. 597.0015, to prevent or treat fungi, bacteria, and
2678 parasitic diseases; portable containers or movable receptacles
2679 in which portable containers are placed, used for processing
2680 farm products; field and garden seeds, including flower seeds;
2681 nursery stock, seedlings, cuttings, or other propagative
2682 material purchased for growing stock; seeds, seedlings,
2683 cuttings, and plants used to produce food for human consumption;
2684 cloth, plastic, and other similar materials used for shade,
2685 mulch, or protection from frost or insects on a farm; hog wire
2686 and barbed wire fencing, including gates and materials used to
2687 construct or repair such fencing, used in agricultural
2688 production on lands classified as agricultural lands under s.
2689 193.461; materials used to construct or repair permanent or
2690 temporary fencing used to contain, confine, or process cattle,
2691 including gates and energized fencing systems, used in
2692 agricultural operations on lands classified as agricultural
2693 lands under s. 193.461; stakes used by a farmer to support
2694 plants during agricultural production; generators used on
2695 poultry farms; and liquefied petroleum gas or other fuel used to
2696 heat a structure in which started pullets or broilers are
2697 raised; however, such exemption is not allowed unless the
2698 purchaser or lessee signs a certificate stating that the item to
2699 be exempted is for the exclusive use designated herein. Also
2700 exempt are cellophane wrappers, glue for tin and glass
2701 (apiarists), mailing cases for honey, shipping cases, window
2702 cartons, and baling wire and twine used for baling hay, when
2703 used by a farmer to contain, produce, or process an agricultural
2704 commodity.
2705 (19) FLORIDA FARM TEAM CARD.—
2706 (a) Notwithstanding any other law, a farmer whose property
2707 has been classified as agricultural pursuant to s. 193.461 or
2708 who has implemented agricultural best management practices
2709 adopted by the Department of Agriculture and Consumer Services
2710 pursuant to s. 403.067(7)(c)2. may apply to the department for a
2711 Florida farm tax exempt agricultural materials (TEAM) card to
2712 claim the applicable sales tax exemptions provided in this
2713 section. A farmer may present the Florida farm TEAM card to a
2714 selling dealer in lieu of a certificate or affidavit otherwise
2715 required by this chapter.
2716 Section 90. For the purpose of incorporating the amendment
2717 made by this act to section 193.461, Florida Statutes, in a
2718 reference thereto, subsection (2) of section 373.406, Florida
2719 Statutes, is reenacted to read:
2720 373.406 Exemptions.—The following exemptions shall apply:
2721 (2) Notwithstanding s. 403.927, nothing herein, or in any
2722 rule, regulation, or order adopted pursuant hereto, shall be
2723 construed to affect the right of any person engaged in the
2724 occupation of agriculture, silviculture, floriculture, or
2725 horticulture to alter the topography of any tract of land,
2726 including, but not limited to, activities that may impede or
2727 divert the flow of surface waters or adversely impact wetlands,
2728 for purposes consistent with the normal and customary practice
2729 of such occupation in the area. However, such alteration or
2730 activity may not be for the sole or predominant purpose of
2731 impeding or diverting the flow of surface waters or adversely
2732 impacting wetlands. This exemption applies to lands classified
2733 as agricultural pursuant to s. 193.461 and to activities
2734 requiring an environmental resource permit pursuant to this
2735 part. This exemption does not apply to any activities previously
2736 authorized by an environmental resource permit or a management
2737 and storage of surface water permit issued pursuant to this part
2738 or a dredge and fill permit issued pursuant to chapter 403. This
2739 exemption has retroactive application to July 1, 1984.
2740 Section 91. For the purpose of incorporating the amendment
2741 made by this act to section 193.461, Florida Statutes, in a
2742 reference thereto, paragraph (a) of subsection (11) of section
2743 403.182, Florida Statutes, is reenacted to read:
2744 403.182 Local pollution control programs.—
2745 (11)(a) Notwithstanding this section or any existing local
2746 pollution control programs, the Secretary of Environmental
2747 Protection has exclusive jurisdiction in setting standards or
2748 procedures for evaluating environmental conditions and assessing
2749 potential liability for the presence of contaminants on land
2750 that is classified as agricultural land pursuant to s. 193.461
2751 and being converted to a nonagricultural use. The exclusive
2752 jurisdiction includes defining what constitutes all appropriate
2753 inquiry consistent with 40 C.F.R. part 312 and guidance
2754 thereunder.
2755 Section 92. For the purpose of incorporating the amendment
2756 made by this act to section 193.461, Florida Statutes, in a
2757 reference thereto, subsection (4) of section 403.9337, Florida
2758 Statutes, is reenacted to read:
2759 403.9337 Model Ordinance for Florida-Friendly Fertilizer
2760 Use on Urban Landscapes.—
2761 (4) This section does not apply to the use of fertilizer on
2762 farm operations as defined in s. 823.14 or on lands classified
2763 as agricultural lands pursuant to s. 193.461.
2764 Section 93. For the purpose of incorporating the amendment
2765 made by this act to section 193.461, Florida Statutes, in a
2766 reference thereto, paragraph (d) of subsection (2) of section
2767 472.029, Florida Statutes, is reenacted to read:
2768 472.029 Authorization to enter lands of third parties;
2769 conditions.—
2770 (2) LIABILITY AND DUTY OF CARE ON AGRICULTURAL LAND.—
2771 (d) This subsection applies only to land classified as
2772 agricultural pursuant to s. 193.461.
2773 Section 94. For the purpose of incorporating the amendment
2774 made by this act to section 193.461, Florida Statutes, in a
2775 reference thereto, subsection (5) of section 474.2021, Florida
2776 Statutes, is reenacted to read:
2777 474.2021 Veterinary telehealth.—
2778 (5) A veterinarian personally acquainted with the caring
2779 and keeping of an animal or group of animals on food-producing
2780 animal operations on land classified as agricultural pursuant to
2781 s. 193.461 who has recently seen the animal or group of animals
2782 or has made medically appropriate and timely visits to the
2783 premises where the animal or group of animals is kept may
2784 practice veterinary telehealth for animals on such operations.
2785 Section 95. For the purpose of incorporating the amendment
2786 made by this act to section 193.461, Florida Statutes, in a
2787 reference thereto, paragraph (d) of subsection (4) of section
2788 474.2165, Florida Statutes, is reenacted to read:
2789 474.2165 Ownership and control of veterinary medical
2790 patient records; report or copies of records to be furnished.—
2791 (4) Except as otherwise provided in this section, such
2792 records may not be furnished to, and the medical condition of a
2793 patient may not be discussed with, any person other than the
2794 client or the client’s legal representative or other
2795 veterinarians involved in the care or treatment of the patient,
2796 except upon written authorization of the client. However, such
2797 records may be furnished without written authorization under the
2798 following circumstances:
2799 (d) In any criminal action or situation where a
2800 veterinarian suspects a criminal violation. If a criminal
2801 violation is suspected, a veterinarian may, without notice to or
2802 authorization from the client, report the violation to a law
2803 enforcement officer, an animal control officer who is certified
2804 pursuant to s. 828.27(4)(a), or an agent appointed under s.
2805 828.03. However, if a suspected violation occurs at a commercial
2806 food-producing animal operation on land classified as
2807 agricultural under s. 193.461, the veterinarian must provide
2808 notice to the client or the client’s legal representative before
2809 reporting the suspected violation to an officer or agent under
2810 this paragraph. The report may not include written medical
2811 records except upon the issuance of an order from a court of
2812 competent jurisdiction.
2813 Section 96. For the purpose of incorporating the amendment
2814 made by this act to section 193.461, Florida Statutes, in a
2815 reference thereto, subsection (6) of section 487.081, Florida
2816 Statutes, is reenacted to read:
2817 487.081 Exemptions.—
2818 (6) The Department of Environmental Protection is not
2819 authorized to institute proceedings against any property owner
2820 or leaseholder of property under the provisions of s. 376.307(5)
2821 to recover any costs or damages associated with pesticide
2822 contamination of soil or water, or the evaluation, assessment,
2823 or remediation of pesticide contamination of soil or water,
2824 including sampling, analysis, and restoration of soil or potable
2825 water supplies, subject to the following conditions:
2826 (a) The pesticide contamination of soil or water is
2827 determined to be the result of the use of pesticides by the
2828 property owner or leaseholder, in accordance with state and
2829 federal law, applicable registered labels, and rules on property
2830 classified as agricultural land pursuant to s. 193.461;
2831 (b) The property owner or leaseholder maintains records of
2832 such pesticide applications and such records are provided to the
2833 department upon request;
2834 (c) In the event of pesticide contamination of soil or
2835 water, the department, upon request, shall make such records
2836 available to the Department of Environmental Protection;
2837 (d) This subsection does not limit regulatory authority
2838 under a federally delegated or approved program; and
2839 (e) This subsection is remedial in nature and shall apply
2840 retroactively.
2841
2842 The department, in consultation with the secretary of the
2843 Department of Environmental Protection, may adopt rules
2844 prescribing the format, content, and retention time for records
2845 to be maintained under this subsection.
2846 Section 97. For the purpose of incorporating the amendment
2847 made by this act to section 193.461, Florida Statutes, in a
2848 reference thereto, subsection (1) of section 570.85, Florida
2849 Statutes, is reenacted to read:
2850 570.85 Agritourism.—
2851 (1) It is the intent of the Legislature to promote
2852 agritourism as a way to support bona fide agricultural
2853 production by providing a stream of revenue and by educating the
2854 general public about the agricultural industry. It is also the
2855 intent of the Legislature to eliminate duplication of regulatory
2856 authority over agritourism as expressed in this section. Except
2857 as otherwise provided for in this section, and notwithstanding
2858 any other law, a local government may not adopt or enforce a
2859 local ordinance, regulation, rule, or policy that prohibits,
2860 restricts, regulates, or otherwise limits an agritourism
2861 activity on land classified as agricultural land under s.
2862 193.461. This subsection does not limit the powers and duties of
2863 a local government to address substantial offsite impacts of
2864 agritourism activities or an emergency as provided in chapter
2865 252.
2866 Section 98. For the purpose of incorporating the amendment
2867 made by this act to section 193.461, Florida Statutes, in a
2868 reference thereto, subsection (1) of section 570.87, Florida
2869 Statutes, is reenacted to read:
2870 570.87 Agritourism participation impact on land
2871 classification.—
2872 (1) In order to promote and perpetuate agriculture
2873 throughout this state, farm operations are encouraged to engage
2874 in agritourism. An agricultural classification pursuant to s.
2875 193.461 may not be denied or revoked solely due to the conduct
2876 of agritourism activity on a bona fide farm or the construction,
2877 alteration, or maintenance of a nonresidential farm building,
2878 structure, or facility on a bona fide farm which is used to
2879 conduct agritourism activities. So long as the building,
2880 structure, or facility is an integral part of the agricultural
2881 operation, the land it occupies shall be considered agricultural
2882 in nature. However, such buildings, structures, and facilities,
2883 and other improvements on the land, must be assessed under s.
2884 193.011 at their just value and added to the agriculturally
2885 assessed value of the land.
2886 Section 99. For the purpose of incorporating the amendment
2887 made by this act to section 193.461, Florida Statutes, in a
2888 reference thereto, subsection (3) of section 570.94, Florida
2889 Statutes, is reenacted to read:
2890 570.94 Best management practices for wildlife.—The
2891 department and the Fish and Wildlife Conservation Commission
2892 recognize that agriculture provides a valuable benefit to the
2893 conservation and management of fish and wildlife in the state
2894 and agree to enter into a memorandum of agreement to develop and
2895 adopt by rule voluntary best management practices for the
2896 state’s agriculture industry which reflect the industry’s
2897 existing contribution to the conservation and management of
2898 freshwater aquatic life and wild animal life in the state.
2899 (3) Notwithstanding any other provision of law, including
2900 s. 163.3162, the implementation of the best management practices
2901 pursuant to this section is voluntary and except as specifically
2902 provided under this section and s. 9, Art. IV of the State
2903 Constitution, an agency, department, district, or unit of local
2904 government may not adopt or enforce any ordinance, resolution,
2905 regulation, rule, or policy regarding the best management
2906 practices on land classified as agricultural land pursuant to s.
2907 193.461.
2908 Section 100. For the purpose of incorporating the amendment
2909 made by this act to section 193.461, Florida Statutes, in a
2910 reference thereto, paragraph (a) of subsection (1) of section
2911 582.19, Florida Statutes, is reenacted to read:
2912 582.19 Qualifications and tenure of supervisors.—
2913 (1) The governing body of the district shall consist of
2914 five supervisors, elected as provided in s. 582.18.
2915 (a) To qualify to serve on the governing body of a
2916 district, a supervisor must be an eligible voter who resides in
2917 the district and who:
2918 1. Is actively engaged in, or retired after 10 years of
2919 being engaged in, agriculture as defined in s. 570.02;
2920 2. Is employed by an agricultural producer; or
2921 3. Owns, leases, or is actively employed on land classified
2922 as agricultural under s. 193.461.
2923 Section 101. For the purpose of incorporating the amendment
2924 made by this act to section 193.461, Florida Statutes, in a
2925 reference thereto, section 586.055, Florida Statutes, is
2926 reenacted to read:
2927 586.055 Location of apiaries.—An apiary may be located on
2928 land classified as agricultural under s. 193.461 or on land that
2929 is integral to a beekeeping operation.
2930 Section 102. For the purpose of incorporating the amendment
2931 made by this act to section 193.461, Florida Statutes, in
2932 references thereto, paragraphs (a) and (d) of subsection (2) of
2933 section 604.50, Florida Statutes, are reenacted to read:
2934 604.50 Nonresidential farm buildings; farm fences; farm
2935 signs.—
2936 (2) As used in this section, the term:
2937 (a) “Bona fide agricultural purposes” has the same meaning
2938 as provided in s. 193.461(3)(b).
2939 (d) “Nonresidential farm building” means any temporary or
2940 permanent building or support structure that is classified as a
2941 nonresidential farm building on a farm under s. 553.73(10)(c) or
2942 that is used primarily for agricultural purposes, is located on
2943 land that is an integral part of a farm operation or is
2944 classified as agricultural land under s. 193.461, and is not
2945 intended to be used as a residential dwelling. The term may
2946 include, but is not limited to, a barn, greenhouse, shade house,
2947 farm office, storage building, or poultry house.
2948 Section 103. For the purpose of incorporating the amendment
2949 made by this act to section 193.461, Florida Statutes, in a
2950 reference thereto, paragraph (b) of subsection (3) of section
2951 604.73, Florida Statutes, is reenacted to read:
2952 604.73 Urban agriculture pilot projects; local regulation
2953 of urban agriculture.—
2954 (3) DEFINITIONS.—As used in this section, the term:
2955 (b) “Urban agriculture” means any new or existing
2956 noncommercial agricultural uses on land that is:
2957 1. Within a dense urban land area, as described in s.
2958 380.0651(3)(a);
2959 2. Not classified as agricultural pursuant to s. 193.461;
2960 3. Not zoned as agricultural as its principal use; and
2961 4. Designated by a municipality for inclusion in an urban
2962 agricultural pilot project that has been approved by the
2963 department.
2964
2965 The term does not include vegetable gardens, as defined in s.
2966 604.71(4), for personal consumption on residential properties.
2967 Section 104. For the purpose of incorporating the amendment
2968 made by this act to section 193.461, Florida Statutes, in a
2969 reference thereto, subsection (1) of section 692.201, Florida
2970 Statutes, is reenacted to read:
2971 692.201 Definitions.—As used in this part, the term:
2972 (1) “Agricultural land” means land classified as
2973 agricultural under s. 193.461.
2974 Section 105. For the purpose of incorporating the amendment
2975 made by this act to section 193.461, Florida Statutes, in
2976 references thereto, paragraph (a) of subsection (5) and
2977 paragraph (a) of subsection (6) of section 741.30, Florida
2978 Statutes, are reenacted to read:
2979 741.30 Domestic violence; injunction; powers and duties of
2980 court and clerk; petition; notice and hearing; temporary
2981 injunction; issuance of injunction; statewide verification
2982 system; enforcement; public records exemption.—
2983 (5)(a) If it appears to the court that an immediate and
2984 present danger of domestic violence exists, the court may grant
2985 a temporary injunction ex parte, pending a full hearing, and may
2986 grant such relief as the court deems proper, including an
2987 injunction:
2988 1. Restraining the respondent from committing any acts of
2989 domestic violence.
2990 2. Awarding to the petitioner the temporary exclusive use
2991 and possession of the dwelling that the parties share or
2992 excluding the respondent from the residence of the petitioner.
2993 3. On the same basis as provided in s. 61.13, providing the
2994 petitioner a temporary parenting plan, including a time-sharing
2995 schedule, which may award the petitioner up to 100 percent of
2996 the time-sharing. If temporary time-sharing is awarded to the
2997 respondent, the exchange of the child must occur at a neutral
2998 safe exchange location as provided in s. 125.01(8) or a location
2999 authorized by a supervised visitation program as defined in s.
3000 753.01 if the court determines it is in the best interests of
3001 the child after consideration of all of the factors specified in
3002 s. 61.13(3). The temporary parenting plan remains in effect
3003 until the order expires or an order is entered by a court of
3004 competent jurisdiction in a pending or subsequent civil action
3005 or proceeding affecting the placement of, access to, parental
3006 time with, adoption of, or parental rights and responsibilities
3007 for the minor child.
3008 4. If the petitioner and respondent have an existing
3009 parenting plan or time-sharing schedule under another court
3010 order, designating that the exchange of the minor child or
3011 children of the parties must occur at a neutral safe exchange
3012 location as provided in s. 125.01(8) or a location authorized by
3013 a supervised visitation program as defined in s. 753.01 if the
3014 court determines it is in the best interests of the child after
3015 consideration of all of the factors specified in s. 61.13(3).
3016 5. Awarding to the petitioner the temporary exclusive care,
3017 possession, or control of an animal that is owned, possessed,
3018 harbored, kept, or held by the petitioner, the respondent, or a
3019 minor child residing in the residence or household of the
3020 petitioner or respondent. The court may order the respondent to
3021 temporarily have no contact with the animal and prohibit the
3022 respondent from taking, transferring, encumbering, concealing,
3023 harming, or otherwise disposing of the animal. This subparagraph
3024 does not apply to an animal owned primarily for a bona fide
3025 agricultural purpose, as defined under s. 193.461, or to a
3026 service animal, as defined under s. 413.08, if the respondent is
3027 the service animal’s handler.
3028 (6)(a) Upon notice and hearing, when it appears to the
3029 court that the petitioner is either the victim of domestic
3030 violence as defined by s. 741.28 or has reasonable cause to
3031 believe he or she is in imminent danger of becoming a victim of
3032 domestic violence, the court may grant such relief as the court
3033 deems proper, including an injunction:
3034 1. Restraining the respondent from committing any acts of
3035 domestic violence.
3036 2. Awarding to the petitioner the exclusive use and
3037 possession of the dwelling that the parties share or excluding
3038 the respondent from the residence of the petitioner.
3039 3. On the same basis as provided in chapter 61, providing
3040 the petitioner with 100 percent of the time-sharing in a
3041 temporary parenting plan that remains in effect until the order
3042 expires or an order is entered by a court of competent
3043 jurisdiction in a pending or subsequent civil action or
3044 proceeding affecting the placement of, access to, parental time
3045 with, adoption of, or parental rights and responsibilities for
3046 the minor child.
3047 4. If the petitioner and respondent have an existing
3048 parenting plan or time-sharing schedule under another court
3049 order, designating that the exchange of the minor child or
3050 children of the parties must occur at a neutral safe exchange
3051 location as provided in s. 125.01(8) or a location authorized by
3052 a supervised visitation program as defined in s. 753.01 if the
3053 court determines it is in the best interests of the child after
3054 consideration of all of the factors specified in s. 61.13(3).
3055 5. On the same basis as provided in chapter 61,
3056 establishing temporary support for a minor child or children or
3057 the petitioner. An order of temporary support remains in effect
3058 until the order expires or an order is entered by a court of
3059 competent jurisdiction in a pending or subsequent civil action
3060 or proceeding affecting child support.
3061 6. Ordering the respondent to participate in treatment,
3062 intervention, or counseling services to be paid for by the
3063 respondent. When the court orders the respondent to participate
3064 in a batterers’ intervention program, the court, or any entity
3065 designated by the court, must provide the respondent with a list
3066 of batterers’ intervention programs from which the respondent
3067 must choose a program in which to participate.
3068 7. Referring a petitioner to a certified domestic violence
3069 center. The court must provide the petitioner with a list of
3070 certified domestic violence centers in the circuit which the
3071 petitioner may contact.
3072 8. Awarding to the petitioner the exclusive care,
3073 possession, or control of an animal that is owned, possessed,
3074 harbored, kept, or held by the petitioner, the respondent, or a
3075 minor child residing in the residence or household of the
3076 petitioner or respondent. The court may order the respondent to
3077 have no contact with the animal and prohibit the respondent from
3078 taking, transferring, encumbering, concealing, harming, or
3079 otherwise disposing of the animal. This subparagraph does not
3080 apply to an animal owned primarily for a bona fide agricultural
3081 purpose, as defined under s. 193.461, or to a service animal, as
3082 defined under s. 413.08, if the respondent is the service
3083 animal’s handler.
3084 9. Ordering such other relief as the court deems necessary
3085 for the protection of a victim of domestic violence, including
3086 injunctions or directives to law enforcement agencies, as
3087 provided in this section.
3088 Section 106. For the purpose of incorporating the amendment
3089 made by this act to section 193.461, Florida Statutes, in a
3090 reference thereto, paragraph (a) of subsection (5) of section
3091 810.011, Florida Statutes, is reenacted to read:
3092 810.011 Definitions.—As used in this chapter:
3093 (5)(a) “Posted land” is land upon which any of the
3094 following are placed:
3095 1. Signs placed not more than 500 feet apart along and at
3096 each corner of the boundaries of the land or, for land owned by
3097 a water control district that exists pursuant to chapter 298 or
3098 was created by special act of the Legislature, signs placed at
3099 or near the intersection of any district canal right-of-way and
3100 a road right-of-way or, for land classified as agricultural
3101 pursuant to s. 193.461, signs placed at each point of ingress
3102 and at each corner of the boundaries of the agricultural land,
3103 which prominently display in letters of not less than 2 inches
3104 in height the words “no trespassing” and the name of the owner,
3105 lessee, or occupant of the land. The signs must be placed along
3106 the boundary line of posted land in a manner and in such
3107 position as to be clearly noticeable from outside the boundary
3108 line; or
3109 2.a. A conspicuous no trespassing notice is painted on
3110 trees or posts on the property, provided that the notice is:
3111 (I) Painted in an international orange color and displaying
3112 the stenciled words “No Trespassing” in letters no less than 2
3113 inches high and 1 inch wide either vertically or horizontally;
3114 (II) Placed so that the bottom of the painted notice is not
3115 less than 3 feet from the ground or more than 5 feet from the
3116 ground; and
3117 (III) Placed at locations that are readily visible to any
3118 person approaching the property and no more than 500 feet apart
3119 on agricultural land.
3120 b. When a landowner uses the painted no trespassing posting
3121 to identify a no trespassing area, those painted notices must be
3122 accompanied by signs complying with subparagraph 1. and must be
3123 placed conspicuously at all places where entry to the property
3124 is normally expected or known to occur.
3125 Section 107. For the purpose of incorporating the amendment
3126 made by this act to section 193.461, Florida Statutes, in a
3127 reference thereto, subsection (6) of section 823.14, Florida
3128 Statutes, is reenacted to read:
3129 823.14 Florida Right to Farm Act.—
3130 (6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION.—It
3131 is the intent of the Legislature to eliminate duplication of
3132 regulatory authority over farm operations as expressed in this
3133 subsection. Except as otherwise provided for in this section and
3134 s. 487.051(2), and notwithstanding any other provision of law, a
3135 local government may not adopt any ordinance, regulation, rule,
3136 or policy to prohibit, restrict, regulate, or otherwise limit an
3137 activity of a bona fide farm operation on land classified as
3138 agricultural land pursuant to s. 193.461, where such activity is
3139 regulated through implemented best management practices or
3140 interim measures developed by the Department of Environmental
3141 Protection, the Department of Agriculture and Consumer Services,
3142 or water management districts and adopted under chapter 120 as
3143 part of a statewide or regional program. When an activity of a
3144 farm operation takes place within a wellfield protection area as
3145 defined in any wellfield protection ordinance adopted by a local
3146 government, and the adopted best management practice or interim
3147 measure does not specifically address wellfield protection, a
3148 local government may regulate that activity pursuant to such
3149 ordinance. This subsection does not limit the powers and duties
3150 provided for in s. 373.4592 or limit the powers and duties of
3151 any local government to address an emergency as provided for in
3152 chapter 252.
3153 Section 108. For the purpose of incorporating the amendment
3154 made by this act to section 388.271, Florida Statutes, in a
3155 reference thereto, paragraph (a) of subsection (1) of section
3156 189.062, Florida Statutes, is reenacted to read:
3157 189.062 Special procedures for inactive districts.—
3158 (1) The department shall declare inactive any special
3159 district in this state by documenting that:
3160 (a) The special district meets one of the following
3161 criteria:
3162 1. The registered agent of the district, the chair of the
3163 governing body of the district, or the governing body of the
3164 appropriate local general-purpose government notifies the
3165 department in writing that the district has taken no action for
3166 2 or more years;
3167 2. The registered agent of the district, the chair of the
3168 governing body of the district, or the governing body of the
3169 appropriate local general-purpose government notifies the
3170 department in writing that the district has not had a governing
3171 body or a sufficient number of governing body members to
3172 constitute a quorum for 2 or more years;
3173 3. The registered agent of the district, the chair of the
3174 governing body of the district, or the governing body of the
3175 appropriate local general-purpose government fails to respond to
3176 an inquiry by the department within 21 days;
3177 4. The department determines, pursuant to s. 189.067, that
3178 the district has failed to file any of the reports listed in s.
3179 189.066;
3180 5. The district has not had a registered office and agent
3181 on file with the department for 1 or more years;
3182 6. The governing body of a special district provides
3183 documentation to the department that it has unanimously adopted
3184 a resolution declaring the special district inactive. The
3185 special district is responsible for payment of any expenses
3186 associated with its dissolution;
3187 7. The district is an independent special district or a
3188 community redevelopment district created under part III of
3189 chapter 163 that has reported no revenue, no expenditures, and
3190 no debt under s. 189.016(9) or s. 218.32 for at least 5
3191 consecutive fiscal years beginning no earlier than October 1,
3192 2018. This subparagraph does not apply to a community
3193 development district established under chapter 190 or to any
3194 independent special district operating pursuant to a special act
3195 that provides that any amendment to chapter 190 to grant
3196 additional powers constitutes a power of that district; or
3197 8. For a mosquito control district created pursuant to
3198 chapter 388, the department has received notice from the
3199 Department of Agriculture and Consumer Services that the
3200 district has failed to file a tentative work plan and tentative
3201 detailed work plan budget as required by s. 388.271.
3202 Section 109. For the purpose of incorporating the amendment
3203 made by this act to section 388.271, Florida Statutes, in a
3204 reference thereto, subsection (7) of section 388.261, Florida
3205 Statutes, is reenacted to read:
3206 388.261 State aid to counties and districts for arthropod
3207 control; distribution priorities and limitations.—
3208 (7) The department may use state funds appropriated for a
3209 county or district under subsection (1) or subsection (2) to
3210 provide state mosquito or other arthropod control equipment,
3211 supplies, or services when requested by a county or district
3212 eligible to receive state funds under s. 388.271.
3213 Section 110. For the purpose of incorporating the amendment
3214 made by this act to section 482.161, Florida Statutes, in a
3215 reference thereto, paragraph (b) of subsection (3) of section
3216 482.072, Florida Statutes, is reenacted to read:
3217 482.072 Pest control customer contact centers.—
3218 (3)
3219 (b) Notwithstanding any other provision of this section:
3220 1. A customer contact center licensee is subject to
3221 disciplinary action under s. 482.161 for a violation of this
3222 section or a rule adopted under this section committed by a
3223 person who solicits pest control services or provides customer
3224 service in a customer contact center.
3225 2. A pest control business licensee may be subject to
3226 disciplinary action under s. 482.161 for a violation of this
3227 section or a rule adopted under this section committed by a
3228 person who solicits pest control services or provides customer
3229 service in a customer contact center operated by a licensee if
3230 the licensee participates in the violation.
3231 Section 111. For the purpose of incorporating the amendment
3232 made by this act to section 482.161, Florida Statutes, in a
3233 reference thereto, section 482.163, Florida Statutes, is
3234 reenacted to read:
3235 482.163 Responsibility for pest control activities of
3236 employee.—Proper performance of pest control activities by a
3237 pest control business employee is the responsibility not only of
3238 the employee but also of the certified operator in charge, and
3239 the certified operator in charge may be disciplined pursuant to
3240 the provisions of s. 482.161 for the pest control activities of
3241 an employee. A licensee may not automatically be considered
3242 responsible for violations made by an employee. However, the
3243 licensee may not knowingly encourage, aid, or abet violations of
3244 this chapter.
3245 Section 112. For the purpose of incorporating the amendment
3246 made by this act to section 487.044, Florida Statutes, in a
3247 reference thereto, section 487.156, Florida Statutes, is
3248 reenacted to read:
3249 487.156 Governmental agencies.—All governmental agencies
3250 shall be subject to the provisions of this part and rules
3251 adopted under this part. Public applicators using or supervising
3252 the use of restricted-use pesticides shall be subject to
3253 examination as provided in s. 487.044.
3254 Section 113. For the purpose of incorporating the amendment
3255 made by this act to section 496.405, Florida Statutes, in a
3256 reference thereto, subsection (2) of section 496.4055, Florida
3257 Statutes, is reenacted to read:
3258 496.4055 Charitable organization or sponsor board duties.—
3259 (2) The board of directors, or an authorized committee
3260 thereof, of a charitable organization or sponsor required to
3261 register with the department under s. 496.405 shall adopt a
3262 policy regarding conflict of interest transactions. The policy
3263 shall require annual certification of compliance with the policy
3264 by all directors, officers, and trustees of the charitable
3265 organization. A copy of the annual certification shall be
3266 submitted to the department with the annual registration
3267 statement required by s. 496.405.
3268 Section 114. For the purpose of incorporating the amendment
3269 made by this act to section 496.405, Florida Statutes, in
3270 references thereto, subsections (2) and (4) of section 496.406,
3271 Florida Statutes, are reenacted to read:
3272 496.406 Exemption from registration.—
3273 (2) Before soliciting contributions, a charitable
3274 organization or sponsor claiming to be exempt from the
3275 registration requirements of s. 496.405 under paragraph (1)(d)
3276 must submit annually to the department, on forms prescribed by
3277 the department:
3278 (a) The name, street address, and telephone number of the
3279 charitable organization or sponsor, the name under which it
3280 intends to solicit contributions, the purpose for which it is
3281 organized, and the purpose or purposes for which the
3282 contributions to be solicited will be used.
3283 (b) The tax exempt status of the organization.
3284 (c) The date on which the organization’s fiscal year ends.
3285 (d) The names, street addresses, and telephone numbers of
3286 the individuals or officers who have final responsibility for
3287 the custody of the contributions and who will be responsible for
3288 the final distribution of the contributions.
3289 (e) A financial statement of support, revenue, and expenses
3290 and a statement of functional expenses that must include, but
3291 not be limited to, expenses in the following categories:
3292 program, management and general, and fundraising. In lieu of the
3293 financial statement, a charitable organization or sponsor may
3294 submit a copy of its Internal Revenue Service Form 990 and all
3295 attached schedules or Internal Revenue Service Form 990-EZ and
3296 Schedule O.
3297 (4) Exemption from the registration requirements of s.
3298 496.405 does not limit the applicability of other provisions of
3299 this section to a charitable organization or sponsor.
3300 Section 115. For the purpose of incorporating the amendment
3301 made by this act to section 500.12, Florida Statutes, in a
3302 reference thereto, paragraph (a) of subsection (1) of section
3303 500.80, Florida Statutes, is reenacted to read:
3304 500.80 Cottage food operations.—
3305 (1)(a) A cottage food operation must comply with the
3306 applicable requirements of this chapter but is exempt from the
3307 permitting requirements of s. 500.12 if the cottage food
3308 operation complies with this section and has annual gross sales
3309 of cottage food products that do not exceed $250,000.
3310 Section 116. For the purpose of incorporating the amendment
3311 made by this act to section 500.172, Florida Statutes, in a
3312 reference thereto, subsection (6) of section 500.121, Florida
3313 Statutes, is reenacted to read:
3314 500.121 Disciplinary procedures.—
3315 (6) If the department determines that a food offered in a
3316 food establishment is labeled with nutrient claims that are in
3317 violation of this chapter, the department shall retest or
3318 reexamine the product within 90 days after notification to the
3319 manufacturer and to the firm at which the product was collected.
3320 If the product is again found in violation, the department shall
3321 test or examine the product for a third time within 60 days
3322 after the second notification. The product manufacturer shall
3323 reimburse the department for the cost of the third test or
3324 examination. If the product is found in violation for a third
3325 time, the department shall exercise its authority under s.
3326 500.172 and issue a stop-sale or stop-use order. The department
3327 may impose additional sanctions for violations of this
3328 subsection.
3329 Section 117. For the purpose of incorporating the amendment
3330 made by this act to section 790.06, Florida Statutes, in a
3331 reference thereto, section 790.061, Florida Statutes, is
3332 reenacted to read:
3333 790.061 Judges and justices; exceptions from licensure
3334 provisions.—A county court judge, circuit court judge, district
3335 court of appeal judge, justice of the supreme court, federal
3336 district court judge, or federal court of appeals judge serving
3337 in this state is not required to comply with the provisions of
3338 s. 790.06 in order to receive a license to carry a concealed
3339 weapon or firearm, except that any such justice or judge must
3340 comply with the provisions of s. 790.06(2)(h). The Department of
3341 Agriculture and Consumer Services shall issue a license to carry
3342 a concealed weapon or firearm to any such justice or judge upon
3343 demonstration of competence of the justice or judge pursuant to
3344 s. 790.06(2)(h).
3345 Section 118. This act shall take effect July 1, 2025.
3346
3347 ================= T I T L E A M E N D M E N T ================
3348 And the title is amended as follows:
3349 Delete everything before the enacting clause
3350 and insert:
3351 A bill to be entitled
3352 An act relating to the Department of Agriculture and
3353 Consumer Services; amending s. 110.205, F.S.;
3354 providing that certain positions in the department are
3355 exempt from the Career Service System; amending s.
3356 163.3162, F.S.; defining terms; prohibiting
3357 governmental entities from adopting or enforcing any
3358 legislation that inhibits the construction of housing
3359 for legally verified agricultural workers on
3360 agricultural land operated as a bona fide farm;
3361 requiring that the construction or installation of
3362 such housing units on agricultural lands satisfies
3363 certain criteria; requiring that local ordinances
3364 comply with certain regulations; authorizing
3365 governmental entities to adopt local land use
3366 regulations that are less restrictive; requiring
3367 property owners to maintain certain records for a
3368 specified timeframe; requiring that use of a housing
3369 site be discontinued and authorizing the removal of a
3370 such site under certain circumstances; specifying
3371 applicability of permit allocation systems in certain
3372 areas of critical state concern; authorizing the
3373 continued use of housing sites constructed before the
3374 effective date of the act if certain conditions are
3375 met; requiring the department to adopt certain rules;
3376 providing for enforcement; requiring the department to
3377 submit certain information to the State Board of
3378 Immigration Enforcement on a certain schedule;
3379 amending s. 201.25, F.S.; conforming a provision to
3380 changes made by the act; amending s. 253.0341, F.S.;
3381 authorizing the department to surplus certain lands
3382 determined to be suitable for bona fide agricultural
3383 production; requiring the department to consult with
3384 the Department of Environmental Protection before
3385 making such determination; requiring the Department of
3386 Agriculture and Consumer Services to retain a rural
3387 lands-protection easement for all surplused lands and
3388 deposit all proceeds into a specified trust fund;
3389 requiring the department to provide a report of lands
3390 surplused to the board of trustees; providing that
3391 certain lands are ineligible to be surplused;
3392 providing for retroactive applicability; amending s.
3393 330.41, F.S.; defining terms; prohibiting a person
3394 from knowingly or willfully performing certain actions
3395 on lands classified as agricultural; providing
3396 criminal penalties; providing applicability;
3397 prohibiting a person from knowingly or willfully
3398 performing certain actions on private property, state
3399 wildlife management lands, or a sport shooting and
3400 training range; providing criminal penalties;
3401 providing applicability; creating s. 366.20, F.S.;
3402 requiring that certain lands acquired or owned by an
3403 electric utility be offered for fee simple acquisition
3404 by the department before the land may be offered for
3405 sale or transfer to a private individual or entity;
3406 providing retroactive applicability; amending s.
3407 366.94, F.S.; defining the term “electric vehicle
3408 charging station”; authorizing the department to adopt
3409 rules; requiring local governmental entities to issue
3410 permits for electric vehicle charging stations based
3411 on specified standards and provisions of law;
3412 requiring that an electric vehicle charger be
3413 registered with the department before being placed
3414 into service for use by the public; providing the
3415 department with certain authority relating to electric
3416 vehicle charging stations; providing a penalty;
3417 authorizing the department to issue an immediate final
3418 order to an electric vehicle charging station under
3419 certain circumstances; providing that the department
3420 may bring an action to enjoin a violation of specified
3421 provisions or rules; requiring the court to issue a
3422 temporary or permanent injunction under certain
3423 circumstances; amending s. 388.011, F.S.; revising the
3424 definition of the terms “board of commissioners” and
3425 “district”; defining the term “program”; amending s.
3426 388.021, F.S.; making a technical change; amending s.
3427 388.181, F.S.; authorizing programs to perform
3428 specified actions; amending s. 388.201, F.S.;
3429 conforming provisions to changes made by the act;
3430 requiring that the tentative work plan budget covering
3431 the proposed operations and requirements for arthropod
3432 control measures show the estimated amount to be
3433 raised by county, municipality, or district taxes;
3434 requiring that county commissioners’ or a similar
3435 governing body’s mosquito control budget be made and
3436 adopted pursuant to specified provisions and requiring
3437 that summary figures be incorporated into the county
3438 budgets as prescribed by the department; amending s.
3439 388.241, F.S.; providing that certain rights, powers,
3440 and duties be vested in the board of county
3441 commissioners or similar governing body of a county,
3442 city, or town; amending s. 388.261, F.S.; increasing
3443 the amount of state funds, supplies, services, or
3444 equipment for a certain number of years for any new
3445 program for the control of mosquitos and other
3446 arthropods which serves an area not previously served
3447 by a county, municipality, or district; conforming a
3448 provision to changes made by the act; amending s.
3449 388.271, F.S.; requiring each program participating in
3450 arthropod control activities to file a tentative
3451 integrated arthropod management plan with the
3452 department by a specified date; conforming provisions
3453 to changes made by the act; amending s. 388.281, F.S.;
3454 requiring that all funds, supplies, and services
3455 released to programs be used in accordance with the
3456 integrated arthropod management plan and certified
3457 budget; requiring that such integrated arthropod
3458 management plan and certified budget be approved by
3459 both the department and the board of county
3460 commissioners and an appropriate representative;
3461 conforming provisions to changes made by the act;
3462 amending s. 388.291, F.S.; providing that a program
3463 may perform certain source reduction measures in any
3464 area providing that the department has approved the
3465 operating or construction plan as outlined in the
3466 integrated arthropod management plan; conforming
3467 provisions to changes made by the act; amending s.
3468 388.301, F.S.; revising the schedule by which state
3469 funds for the control of mosquitos and other
3470 arthropods may be paid; conforming provisions to
3471 changes made by the act; amending s. 388.311, F.S.;
3472 conforming provisions to changes made by the act;
3473 amending s. 388.321, F.S.; conforming provisions to
3474 changes made by the act; amending s. 388.322, F.S.;
3475 requiring the department to maintain a record and
3476 inventory of certain property purchased with state
3477 funds for arthropod control use; conforming provisions
3478 to changes made by the act; amending s. 388.323, F.S.;
3479 providing that certain equipment no longer needed by a
3480 program be first offered for sale to other programs
3481 engaged in arthropod control at a specified price;
3482 requiring that all proceeds from the sale of certain
3483 property owned by a program and purchased using state
3484 funds be deposited in the program’s state fund
3485 account; conforming provisions to changes made by the
3486 act; amending s. 388.341, F.S.; requiring a program
3487 receiving state aid to submit a monthly report of all
3488 expenditures from all funds for arthropod control by a
3489 specified timeframe as may be required by the
3490 department; conforming provisions to changes made by
3491 the act; amending s. 388.351, F.S.; conforming
3492 provisions to changes made by the act; amending s.
3493 388.361, F.S.; conforming provisions to changes made
3494 by the act; amending s. 388.3711, F.S.; revising the
3495 department’s enforcement powers; amending s. 388.381,
3496 F.S.; conforming provisions to changes made by the
3497 act; amending s. 388.391, F.S.; conforming provisions
3498 to changes made by the act; amending s. 388.401, F.S.;
3499 conforming provisions to changes made by the act;
3500 amending s. 388.46, F.S.; revising the composition of
3501 the Florida Coordinating Council on Mosquito Control;
3502 amending s. 403.067, F.S.; providing an exception for
3503 inspection requirements for certain agricultural
3504 producers; authorizing the department to adopt rules
3505 establishing an enrollment in best management
3506 practices by rule process; authorizing the department
3507 to identify best management practices for specified
3508 landowners; requiring the department to perform onsite
3509 inspections annually of a certain percentage of all
3510 enrollments that meet specified qualifications within
3511 a specified area; providing requirements for such
3512 inspections; requiring agricultural producers enrolled
3513 by rule in a best management practice to submit
3514 nutrient records annually to the department; requiring
3515 the department to collect and retain such records;
3516 amending s. 403.852, F.S.; defining the term “water
3517 quality additive”; amending s. 403.859, F.S.;
3518 providing that the use of certain additives in a water
3519 system which do not meet the definition of water
3520 quality additive or certain other additives is
3521 prohibited and violates specified provisions; amending
3522 s. 482.111, F.S.; revising requirements for the
3523 renewal of a pest control operator’s certificate;
3524 authorizing a third-party vendor to collect and retain
3525 a convenience fee; amending s. 482.141, F.S.;
3526 requiring the department to provide in-person and
3527 remote testing for the examination through a third
3528 party vendor for an individual seeking pest control
3529 operator certification; authorizing a third-party
3530 vendor to collect and retain a convenience fee;
3531 amending s. 482.155, F.S.; requiring the department to
3532 provide in-person and remote testing for the
3533 examination through a third-party vendor for an
3534 individual seeking limited certification for a
3535 governmental pesticide applicator or a private
3536 applicator; authorizing a third-party vendor to
3537 collect and retain a convenience fee; deleting
3538 provisions requiring the department to make such
3539 examination readily accessible and available to all
3540 applicants on a specified schedule; amending s.
3541 482.156, F.S.; requiring the department to provide in
3542 person and remote testing for the examination through
3543 a third-party vendor for an individual seeking a
3544 limited certification for commercial landscape
3545 maintenance; authorizing a third-party vendor to
3546 collect and retain a convenience fee; deleting
3547 provisions requiring the department to make such
3548 examination readily accessible and available to all
3549 applicants on a specified schedule; amending s.
3550 482.157, F.S.; revising requirements for issuance of a
3551 limited certification for commercial wildlife
3552 management personnel; authorizing a third-party vendor
3553 to collect and retain a convenience fee; deleting
3554 provisions requiring the department to make an
3555 examination readily accessible and available to all
3556 applicants on a specified schedule; amending s.
3557 482.161, F.S.; authorizing the department to take
3558 specified disciplinary action upon the issuance of a
3559 final order imposing civil penalties or a criminal
3560 conviction pursuant to the Federal Insecticide,
3561 Fungicide, and Rodenticide Act; amending s. 487.044,
3562 F.S.; requiring the department to provide in-person
3563 and remote testing through a third-party vendor for
3564 the examination of an individual seeking a limited
3565 certification for pesticide application; authorizing a
3566 third-party vendor to collect and retain a convenience
3567 fee; amending s. 487.175, F.S.; providing that the
3568 department may suspend, revoke, or deny licensure of a
3569 pesticide applicator upon issuance of a final order to
3570 a licensee which imposes civil penalties or a criminal
3571 conviction under the Federal Insecticide, Fungicide,
3572 and Rodenticide Act; amending s. 496.404, F.S.;
3573 defining the terms “foreign country of concern” and
3574 “foreign source of concern”; amending s. 496.405,
3575 F.S.; revising which documents a charitable
3576 organization or sponsor must file before engaging in
3577 specified activities; requiring that any changes to
3578 such documents be reported to the department on a
3579 specified form in a specified timeframe; revising the
3580 requirements of the charitable organization’s initial
3581 registration statement; authorizing the department to
3582 investigate or refer to the Florida Elections
3583 Commission certain violations of the charitable
3584 organization or sponsor; amending s. 496.415, F.S.;
3585 prohibiting specified persons from soliciting or
3586 accepting anything of value from a foreign source of
3587 concern; amending s. 496.417, F.S.; authorizing the
3588 department to investigate or refer to the Florida
3589 Elections Commission certain violations of a
3590 charitable organization or sponsor; amending s.
3591 496.419, F.S.; providing penalties for a charitable
3592 organization or sponsor whose registration is denied
3593 or revoked for submitting a false attestation;
3594 creating s. 496.431, F.S.; requiring the department to
3595 create the Honest Service Registry to provide
3596 residents with information relating to charitable
3597 organizations; requiring a charitable organization
3598 included in the Honest Services Registry to submit an
3599 attestation statement to the department; requiring the
3600 department to publish the Honest Services Registry on
3601 the department’s website; requiring the department to
3602 adopt rules; amending s. 500.03, F.S.; revising the
3603 definition of the term “cottage food product”;
3604 amending s. 500.12, F.S.; providing that the
3605 department requires a food permit from any person or
3606 business that operates a food establishment; revising
3607 exceptions; revising the schedule for renewing certain
3608 food permits; authorizing the department to establish
3609 a single permit renewal date for certain food
3610 establishments; amending s. 500.166, F.S.; requiring
3611 certain persons engaged in interstate commerce to
3612 retain all records that show certain information for a
3613 specified timeframe; amending s. 500.172, F.S.;
3614 authorizing the department to facilitate the
3615 destruction of certain articles that violate specified
3616 provisions; prohibiting certain persons from certain
3617 actions without permission from, or in accord with a
3618 written agreement with, the department; creating s.
3619 500.75, F.S.; providing that it is unlawful to import,
3620 sell, offer for sale, furnish, or give away certain
3621 spores or mycelium; providing a penalty for
3622 violations; creating s. 500.93, F.S.; defining terms;
3623 requiring the department to adopt rules to enforce the
3624 Food and Drug Administration’s standard of identity
3625 for milk, meat, poultry, and poultry products, and
3626 eggs and egg products to prohibit the sale of plant
3627 based products mislabeled as milk, meat, poultry, or
3628 poultry products, or egg or egg products; providing
3629 contingent effective dates; requiring the department
3630 to adopt rules; providing construction; repealing s.
3631 501.135, F.S., relating to consumer unit pricing;
3632 amending s. 501.912, F.S.; revising the definition of
3633 the term “antifreeze”; creating s. 525.19, F.S.;
3634 requiring the department to create an annual petroleum
3635 registration program for petroleum owners or
3636 operators; requiring the department to adopt rules for
3637 such registration which include specified information;
3638 requiring that the registration program be free for
3639 all registrants; authorizing the department to require
3640 registrants to provide certain information during a
3641 state of emergency; creating s. 526.147, F.S.;
3642 creating the Florida Retail Fuel Transfer Switch
3643 Modernization Grant Program within the department;
3644 requiring the grant program to provide funds up to a
3645 certain amount to be used for installation and
3646 equipment costs related to installing or modernizing
3647 transfer switch infrastructure at retail fuel
3648 facilities; requiring the department to award funds
3649 based on specified criteria; requiring retail fuel
3650 facilities awarded grant funds to comply with
3651 specified provisions; requiring such facilities to
3652 install a transfer switch with specified capabilities;
3653 requiring retail fuel facilities to provide specified
3654 documentation before being awarded funding;
3655 prohibiting certain facilities from being awarded
3656 funding; requiring the department, in consultation
3657 with the Division of Emergency Management, to adopt
3658 rules; requiring that such rules include specified
3659 information; amending s. 531.48, F.S.; requiring that
3660 certain packages bear specified information on the
3661 outside of the package; amending s. 531.49, F.S.;
3662 revising requirements for the advertising of a
3663 packaged commodity; amending s. 570.07, F.S.;
3664 requiring the department to foster and encourage the
3665 employment and retention of qualified veterinary
3666 pathologists; providing that the department may
3667 reimburse the educational expenses of certain
3668 veterinary pathologists who enter into a certain
3669 agreement with the department; requiring the
3670 department to adopt certain rules; requiring the
3671 department to extend certain opportunities to public
3672 school students enrolled in agricultural education to
3673 support Future Farmers of America programming;
3674 requiring the department to use contracts procured by
3675 agencies; defining the term “agency”; amending s.
3676 570.544, F.S.; revising which provisions the director
3677 of the Division of Consumer Services must enforce;
3678 creating s. 570.546, F.S.; authorizing the department
3679 to create a process for the bulk renewal of licenses;
3680 authorizing the department to create a process that
3681 will allow licensees to align the expiration dates of
3682 licenses within a specified program; authorizing the
3683 department to change the expiration date for current
3684 licenses for a certain purpose; requiring the
3685 department to prorate the licensing fee for certain
3686 licenses; requiring the department to adopt rules;
3687 amending s. 570.694, F.S.; creating the Florida
3688 Aquaculture Foundation as a direct support
3689 organization within the department; providing the
3690 purpose of the foundation; providing governance for
3691 the foundation; authorizing the department to appoint
3692 an advisory committee adjunct to the foundation;
3693 amending s. 570.822, F.S.; revising the definition of
3694 the terms “declared natural disaster” and “program”;
3695 providing that loan funds from the department may be
3696 used to restock aquaculture; authorizing the
3697 department to renew a loan application under certain
3698 circumstances; authorizing the department to defer or
3699 waive loan payments under certain circumstances;
3700 conforming provisions to changes made by the act;
3701 creating s. 570.823, F.S.; defining terms;
3702 establishing the silviculture emergency recovery
3703 program within the department to administer a grant
3704 program to assist certain timber landowners; requiring
3705 that such grants be used for certain purposes;
3706 requiring that only timber lands located on
3707 agricultural property are eligible for the program;
3708 requiring the department to coordinate with state
3709 agencies to provide financial assistance to timber
3710 landowners after a specified declared emergency;
3711 providing construction; authorizing the department to
3712 adopt rules to implement this section; providing
3713 construction; amending s. 581.1843, F.S.; deleting
3714 provisions that exclude certain citrus nurseries from
3715 certain requirements; deleting provisions relating to
3716 regulated areas around the perimeter of commercial
3717 citrus nurseries; repealing ss. 593.101, 593.102,
3718 593.103, 593.104, 593.105, 593.106, 593.107, 593.108,
3719 593.109, 593.11, 593.111, 593.112, 593.113, 593.114,
3720 593.1141, 593.1142, 593.115, 593.116, and 593.117,
3721 F.S., relating to the Florida Boll Weevil Eradication
3722 Law; definitions; powers and duties of Department of
3723 Agriculture and Consumer Services; the entry of
3724 premises to carry out boll weevil eradication
3725 activities and inspections; reports by persons growing
3726 cotton; quarantine areas and the regulation of
3727 articles within a boll weevil eradication zone; the
3728 regulation of collection, transportation,
3729 distribution, and movement of cotton; cooperative
3730 programs for persons engaged in growing, processing,
3731 marketing, or handling cotton; the department’s
3732 authority to designate eradication zones, prohibit
3733 planting of cotton, and require participation in
3734 eradication program; regulation of the pasturage of
3735 livestock, entry by persons, and location of honeybee
3736 colonies in eradication zones and other areas;
3737 eligibility for certification of cotton growers’
3738 organization; the certification of cotton growers’
3739 organization; a referendum; an assessment; the
3740 department’s authority to enter agreements with the
3741 Farm Service Agency; liens; mandamus or injunction;
3742 penalty for violation; and the handling of moneys
3743 received, respectively; amending s. 595.404, F.S.;
3744 revising the department’s powers and duties regarding
3745 school nutrition programs; amending s. 599.002, F.S.;
3746 renaming the Viticulture Advisory Council as the
3747 Florida Wine Advisory Council; revising the membership
3748 of the Florida Wine Advisory Council; conforming
3749 provisions to changes made by the act; amending s.
3750 599.003, F.S.; renaming the State Viticulture Plan as
3751 the State Wine Plan; conforming provisions to changes
3752 made by the act; amending s. 599.004, F.S.; making
3753 technical changes; providing that wineries that fail
3754 to recertify annually or pay a specified licensing fee
3755 are subject to certain actions and costs; conforming
3756 provisions to changes made by the act; amending s.
3757 599.012, F.S.; conforming provisions to changes made
3758 by the act; amending s. 616.12, F.S.; deleting
3759 provisions requiring a person who operates a minstrel
3760 show in connection with any certain public fairs to
3761 pay specified license taxes; deleting a provision that
3762 exempts such person from paying specified taxes;
3763 creating s. 687.16, F.S.; providing a short title;
3764 defining terms; prohibiting a financial institution
3765 from discriminating in the provision of financial
3766 services to an agricultural producer based on an ESG
3767 factor; providing an inference with regard to a
3768 certain violation; providing that the financial
3769 institution may overcome the inference by making
3770 certain demonstrations regarding its denial or
3771 restriction of financial services to an agricultural
3772 producer; authorizing the Attorney General to enforce
3773 specified provisions; providing that a violation of
3774 specified provisions constitutes an unfair and
3775 deceptive trade practice; authorizing the Attorney
3776 General to investigate and seek remedies for such
3777 unfair trade practices; authorizing an aggrieved party
3778 to seek an action for damages; amending s. 741.0305,
3779 F.S.; conforming a cross-reference; amending s.
3780 790.06, F.S.; revising the circumstances under which
3781 the department may temporarily suspend a person’s
3782 license to carry a concealed weapon or concealed
3783 firearm or the processing of an application for such
3784 license; requiring the department to notify certain
3785 licensees or applicants of his or her right to a
3786 hearing; requiring that the hearing regarding such
3787 suspension of license be for a limited purpose;
3788 requiring the department to issue an order lifting the
3789 suspension of an applicant’s license upon a certain
3790 disposition of the criminal case; requiring that the
3791 suspension remain in effect upon a certain disposition
3792 of the criminal case; providing construction;
3793 providing legislative findings; revising the duties of
3794 the department after the date of receipt of a
3795 completed application for a license to carry a
3796 concealed weapon or concealed firearm; requiring that
3797 a license issued under this section be temporarily
3798 suspended or revoked if the license was issued in
3799 error or if the licensee commits certain actions;
3800 amending s. 812.0151, F.S.; revising the elements of
3801 third degree and second degree felony retail fuel
3802 theft; creating s. 812.136, F.S.; defining terms;
3803 providing elements for the crime of mail theft;
3804 providing elements of theft of or unauthorized
3805 reproduction of a mail depository key or lock;
3806 providing criminal penalties; amending s. 934.50,
3807 F.S.; deleting certain exceptions from the prohibited
3808 uses of drones; creating s. 1013.373, F.S.;
3809 prohibiting a local government from adopting any
3810 measure to limit the activities of public educational
3811 facilities or auxiliary facilities constructed by
3812 certain organizations; requiring that lands used for
3813 agricultural education or for the Future Farmers of
3814 America or 4-H activities be considered agricultural
3815 lands; reenacting s. 295.07(5)(a), F.S., relating to
3816 preference in appointment and retention, to
3817 incorporate the amendment made to s. 110.205, F.S., in
3818 a reference thereto; reenacting ss. 125.01(1)(r),
3819 163.3162(3)(a) through (d), 163.3163(3)(c),
3820 163.3164(4), 163.3194(5), 170.01(4), 193.052(2),
3821 193.4615, 212.08(5)(a) and (19)(a), 373.406(2),
3822 403.182(11)(a), 403.9337(4), 472.029(2)(d),
3823 474.2021(5), 474.2165(4)(d), 487.081(6), 570.85(1),
3824 570.87(1), 570.94(3), 582.19(1)(a), 586.055,
3825 604.50(2)(a) and (d), 604.73(3)(b), 692.201(1),
3826 741.30(5)(a) and (6)(a), 810.011(5)(a), and 823.14(6),
3827 F.S., relating to powers and duties; agricultural
3828 lands and practices; applications for development
3829 permits; community planning act; legal status of
3830 comprehensive plan; authority for providing
3831 improvements and levying and collecting special
3832 assessments against property benefited; preparation
3833 and serving of returns; assessment of obsolete
3834 agricultural equipment; storage tax; exemptions; local
3835 pollution control programs; the Model Ordinance for
3836 Florida-Friendly Fertilizer Use on Urban Landscapes;
3837 authorization to enter lands of third parties;
3838 veterinary telehealth; ownership and control of
3839 veterinary medical patient records; exemptions;
3840 agritourism; agritourism participation impact on land
3841 classification; best management practices for
3842 wildlife; qualifications and tenure of supervisors;
3843 location of apiaries; nonresidential farm buildings;
3844 urban agriculture pilot projects; definitions;
3845 domestic violence; definitions; and the Florida Right
3846 to Farm Act, respectively, to incorporate the
3847 amendment made to s. 193.461, F.S., in references
3848 thereto; reenacting ss. 189.062(1)(a) and 388.261(7),
3849 F.S., relating to special procedures for inactive
3850 districts and state aid to counties and districts for
3851 arthropod control, respectively, to incorporate the
3852 amendment made to s. 388.271, F.S., in references
3853 thereto; reenacting ss. 482.072(3)(b) and 482.163,
3854 F.S., relating to pest control customer contact
3855 centers and responsibility for pest control activities
3856 of employee, respectively, to incorporate the
3857 amendment made to s. 482.161, F.S., in references
3858 thereto; reenacting s. 487.156, F.S., relating to
3859 governmental agencies, to incorporate the amendment
3860 made to s. 487.044, F.S., in a reference thereto;
3861 reenacting ss. 496.4055(2) and 496.406(2) and (4),
3862 F.S., relating to charitable organization or sponsor
3863 board duties and exemption from registration,
3864 respectively, to incorporate the amendment made to s.
3865 496.405, F.S., in references thereto; reenacting s.
3866 500.80(1)(a), F.S., relating to cottage food
3867 operations, to incorporate the amendment made to s.
3868 500.12, F.S., in a reference thereto; reenacting s.
3869 500.121(6), F.S., relating to disciplinary procedures,
3870 to incorporate the amendment made to s. 500.172, F.S.,
3871 in a reference thereto; reenacting s. 790.061, F.S.,
3872 relating to judges and justices, to incorporate the
3873 amendment made to s. 790.06, F.S., in a reference
3874 thereto; providing an effective date.