Florida Senate - 2025                              CS for SB 700
       
       
        
       By the Committee on Agriculture; and Senator Truenow
       
       
       
       
       
       575-02298-25                                           2025700c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 110.205, F.S.;
    4         providing that certain positions in the department are
    5         exempt from the Career Service System; amending s.
    6         163.3162, F.S.; defining terms; prohibiting
    7         governmental entities from adopting or enforcing any
    8         legislation that inhibits the construction of housing
    9         for legally verified agricultural workers on
   10         agricultural land operated as a bona fide farm;
   11         requiring that the construction or installation of
   12         such housing units on agricultural lands satisfies
   13         certain criteria; requiring that local ordinances
   14         comply with certain regulations; authorizing
   15         governmental entities to adopt local land use
   16         regulations that are less restrictive; requiring
   17         property owners to maintain certain records for a
   18         specified timeframe; requiring that use of a housing
   19         site be discontinued and authorizing the removal of a
   20         such site under certain circumstances; specifying
   21         applicability of permit allocation systems in certain
   22         areas of critical state concern; authorizing the
   23         continued use of housing sites constructed before the
   24         effective date of the act if certain conditions are
   25         met; requiring the department to adopt certain rules;
   26         providing for enforcement; requiring the department to
   27         submit certain information to the State Board of
   28         Immigration Enforcement on a certain schedule;
   29         amending s. 201.25, F.S.; conforming a provision to
   30         changes made by the act; amending s. 253.0341, F.S.;
   31         authorizing the department to surplus certain lands
   32         determined to be suitable for bona fide agricultural
   33         production; requiring the department to consult with
   34         the Department of Environmental Protection before
   35         making such determination; requiring the Department of
   36         Agriculture and Consumer Services to retain a rural
   37         lands-protection easement for all surplused lands and
   38         deposit all proceeds into a specified trust fund;
   39         requiring the department to provide a report of lands
   40         surplused to the board of trustees; providing that
   41         certain lands are ineligible to be surplused;
   42         providing for retroactive applicability; amending s.
   43         330.41, F.S.; defining terms; prohibiting a person
   44         from knowingly or willfully performing certain actions
   45         on lands classified as agricultural; providing
   46         criminal penalties; providing applicability;
   47         prohibiting a person from knowingly or willfully
   48         performing certain actions on private property, state
   49         wildlife management lands, or a sport shooting and
   50         training range; providing criminal penalties;
   51         providing applicability; creating s. 366.20, F.S.;
   52         requiring that certain lands acquired or owned by an
   53         electric utility be offered for fee simple acquisition
   54         by the department before the land may be offered for
   55         sale or transfer to a private individual or entity;
   56         providing retroactive applicability; amending s.
   57         366.94, F.S.; defining the term “electric vehicle
   58         charging station”; authorizing the department to adopt
   59         rules; requiring local governmental entities to issue
   60         permits for electric vehicle charging stations based
   61         on specified standards and provisions of law;
   62         requiring that an electric vehicle charger be
   63         registered with the department before being placed
   64         into service for use by the public; providing the
   65         department with certain authority relating to electric
   66         vehicle charging stations; providing a penalty;
   67         authorizing the department to issue an immediate final
   68         order to an electric vehicle charging station under
   69         certain circumstances; providing that the department
   70         may bring an action to enjoin a violation of specified
   71         provisions or rules; requiring the court to issue a
   72         temporary or permanent injunction under certain
   73         circumstances; amending s. 388.011, F.S.; revising the
   74         definition of the terms “board of commissioners” and
   75         “district”; defining the term “program”; amending s.
   76         388.021, F.S.; making a technical change; amending s.
   77         388.181, F.S.; authorizing programs to perform
   78         specified actions; amending s. 388.201, F.S.;
   79         conforming provisions to changes made by the act;
   80         requiring that the tentative work plan budget covering
   81         the proposed operations and requirements for arthropod
   82         control measures show the estimated amount to be
   83         raised by county, municipality, or district taxes;
   84         requiring that county commissioners’ or a similar
   85         governing body’s mosquito control budget be made and
   86         adopted pursuant to specified provisions and requiring
   87         that summary figures be incorporated into the county
   88         budgets as prescribed by the department; amending s.
   89         388.241, F.S.; providing that certain rights, powers,
   90         and duties be vested in the board of county
   91         commissioners or similar governing body of a county,
   92         city, or town; amending s. 388.261, F.S.; increasing
   93         the amount of state funds, supplies, services, or
   94         equipment for a certain number of years for any new
   95         program for the control of mosquitos and other
   96         arthropods which serves an area not previously served
   97         by a county, municipality, or district; conforming a
   98         provision to changes made by the act; amending s.
   99         388.271, F.S.; requiring each program participating in
  100         arthropod control activities to file a tentative
  101         integrated arthropod management plan with the
  102         department by a specified date; conforming provisions
  103         to changes made by the act; amending s. 388.281, F.S.;
  104         requiring that all funds, supplies, and services
  105         released to programs be used in accordance with the
  106         integrated arthropod management plan and certified
  107         budget; requiring that such integrated arthropod
  108         management plan and certified budget be approved by
  109         both the department and the board of county
  110         commissioners and an appropriate representative;
  111         conforming provisions to changes made by the act;
  112         amending s. 388.291, F.S.; providing that a program
  113         may perform certain source reduction measures in any
  114         area providing that the department has approved the
  115         operating or construction plan as outlined in the
  116         integrated arthropod management plan; conforming
  117         provisions to changes made by the act; amending s.
  118         388.301, F.S.; revising the schedule by which state
  119         funds for the control of mosquitos and other
  120         arthropods may be paid; conforming provisions to
  121         changes made by the act; amending s. 388.311, F.S.;
  122         conforming provisions to changes made by the act;
  123         amending s. 388.321, F.S.; conforming provisions to
  124         changes made by the act; amending s. 388.322, F.S.;
  125         requiring the department to maintain a record and
  126         inventory of certain property purchased with state
  127         funds for arthropod control use; conforming provisions
  128         to changes made by the act; amending s. 388.323, F.S.;
  129         providing that certain equipment no longer needed by a
  130         program be first offered for sale to other programs
  131         engaged in arthropod control at a specified price;
  132         requiring that all proceeds from the sale of certain
  133         property owned by a program and purchased using state
  134         funds be deposited in the program’s state fund
  135         account; conforming provisions to changes made by the
  136         act; amending s. 388.341, F.S.; requiring a program
  137         receiving state aid to submit a monthly report of all
  138         expenditures from all funds for arthropod control by a
  139         specified timeframe as may be required by the
  140         department; conforming provisions to changes made by
  141         the act; amending s. 388.351, F.S.; conforming
  142         provisions to changes made by the act; amending s.
  143         388.361, F.S.; conforming provisions to changes made
  144         by the act; amending s. 388.3711, F.S.; revising the
  145         department’s enforcement powers; amending s. 388.381,
  146         F.S.; conforming provisions to changes made by the
  147         act; amending s. 388.391, F.S.; conforming provisions
  148         to changes made by the act; amending s. 388.401, F.S.;
  149         conforming provisions to changes made by the act;
  150         amending s. 388.46, F.S.; revising the composition of
  151         the Florida Coordinating Council on Mosquito Control;
  152         amending s. 403.067, F.S.; providing an exception for
  153         inspection requirements for certain agricultural
  154         producers; authorizing the department to adopt rules
  155         establishing an enrollment in best management
  156         practices by rule process; authorizing the department
  157         to identify best management practices for specified
  158         landowners; requiring the department to perform onsite
  159         inspections annually of a certain percentage of all
  160         enrollments that meet specified qualifications within
  161         a specified area; providing requirements for such
  162         inspections; requiring agricultural producers enrolled
  163         by rule in a best management practice to submit
  164         nutrient records annually to the department; requiring
  165         the department to collect and retain such records;
  166         amending s. 403.852, F.S.; defining the term “water
  167         quality additive”; amending s. 403.859, F.S.;
  168         providing that the use of certain additives in a water
  169         system which do not meet the definition of water
  170         quality additive or certain other additives is
  171         prohibited and violates specified provisions; amending
  172         s. 482.111, F.S.; revising requirements for the
  173         renewal of a pest control operator’s certificate;
  174         authorizing a third-party vendor to collect and retain
  175         a convenience fee; amending s. 482.141, F.S.;
  176         requiring the department to provide in-person and
  177         remote testing for the examination through a third
  178         party vendor for an individual seeking pest control
  179         operator certification; authorizing a third-party
  180         vendor to collect and retain a convenience fee;
  181         amending s. 482.155, F.S.; requiring the department to
  182         provide in-person and remote testing for the
  183         examination through a third-party vendor for an
  184         individual seeking limited certification for a
  185         governmental pesticide applicator or a private
  186         applicator; authorizing a third-party vendor to
  187         collect and retain a convenience fee; deleting
  188         provisions requiring the department to make such
  189         examination readily accessible and available to all
  190         applicants on a specified schedule; amending s.
  191         482.156, F.S.; requiring the department to provide in
  192         person and remote testing for the examination through
  193         a third-party vendor for an individual seeking a
  194         limited certification for commercial landscape
  195         maintenance; authorizing a third-party vendor to
  196         collect and retain a convenience fee; deleting
  197         provisions requiring the department to make such
  198         examination readily accessible and available to all
  199         applicants on a specified schedule; amending s.
  200         482.157, F.S.; revising requirements for issuance of a
  201         limited certification for commercial wildlife
  202         management personnel; authorizing a third-party vendor
  203         to collect and retain a convenience fee; deleting
  204         provisions requiring the department to make an
  205         examination readily accessible and available to all
  206         applicants on a specified schedule; amending s.
  207         482.161, F.S.; authorizing the department to take
  208         specified disciplinary action upon the issuance of a
  209         final order imposing civil penalties or a criminal
  210         conviction pursuant to the Federal Insecticide,
  211         Fungicide, and Rodenticide Act; amending s. 487.044,
  212         F.S.; requiring the department to provide in-person
  213         and remote testing through a third-party vendor for
  214         the examination of an individual seeking a limited
  215         certification for pesticide application; authorizing a
  216         third-party vendor to collect and retain a convenience
  217         fee; amending s. 487.175, F.S.; providing that the
  218         department may suspend, revoke, or deny licensure of a
  219         pesticide applicator upon issuance of a final order to
  220         a licensee which imposes civil penalties or a criminal
  221         conviction under the Federal Insecticide, Fungicide,
  222         and Rodenticide Act; amending s. 496.404, F.S.;
  223         defining the terms “foreign country of concern” and
  224         “foreign source of concern”; amending s. 496.405,
  225         F.S.; revising which documents a charitable
  226         organization or sponsor must file before engaging in
  227         specified activities; requiring that any changes to
  228         such documents be reported to the department on a
  229         specified form in a specified timeframe; revising the
  230         requirements of the charitable organization’s initial
  231         registration statement; authorizing the department to
  232         investigate or refer to the Florida Elections
  233         Commission certain violations of the charitable
  234         organization or sponsor; amending s. 496.415, F.S.;
  235         prohibiting specified persons from soliciting or
  236         accepting anything of value from a foreign source of
  237         concern; amending s. 496.417, F.S.; authorizing the
  238         department to investigate or refer to the Florida
  239         Elections Commission certain violations of a
  240         charitable organization or sponsor; amending s.
  241         496.419, F.S.; providing penalties for a charitable
  242         organization or sponsor whose registration is denied
  243         or revoked for submitting a false attestation;
  244         creating s. 496.431, F.S.; requiring the department to
  245         create the Honest Service Registry to provide
  246         residents with information relating to charitable
  247         organizations; requiring a charitable organization
  248         included in the Honest Services Registry to submit an
  249         attestation statement to the department; requiring the
  250         department to publish the Honest Services Registry on
  251         the department’s website; requiring the department to
  252         adopt rules; amending s. 500.03, F.S.; revising the
  253         definition of the term “cottage food product”;
  254         amending s. 500.12, F.S.; providing that the
  255         department requires a food permit from any person or
  256         business that operates a food establishment; revising
  257         exceptions; revising the schedule for renewing certain
  258         food permits; authorizing the department to establish
  259         a single permit renewal date for certain food
  260         establishments; amending s. 500.166, F.S.; requiring
  261         certain persons engaged in interstate commerce to
  262         retain all records that show certain information for a
  263         specified timeframe; amending s. 500.172, F.S.;
  264         authorizing the department to facilitate the
  265         destruction of certain articles that violate specified
  266         provisions; prohibiting certain persons from certain
  267         actions without permission from, or in accord with a
  268         written agreement with, the department; creating s.
  269         500.75, F.S.; providing that it is unlawful to import,
  270         sell, offer for sale, furnish, or give away certain
  271         spores or mycelium; providing a penalty for
  272         violations; creating s. 500.93, F.S.; defining terms;
  273         requiring the department to adopt rules to enforce the
  274         Food and Drug Administration’s standard of identity
  275         for milk, meat, poultry, and poultry products, and
  276         eggs and egg products to prohibit the sale of plant
  277         based products mislabeled as milk, meat, poultry, or
  278         poultry products, or egg or egg products; providing
  279         contingent effective dates; requiring the department
  280         to adopt rules; providing construction; repealing s.
  281         501.135, F.S., relating to consumer unit pricing;
  282         amending s. 501.912, F.S.; revising the definition of
  283         the term “antifreeze”; creating s. 525.19, F.S.;
  284         requiring the department to create an annual petroleum
  285         registration program for petroleum owners or
  286         operators; requiring the department to adopt rules for
  287         such registration which include specified information;
  288         requiring that the registration program be free for
  289         all registrants; authorizing the department to require
  290         registrants to provide certain information during a
  291         state of emergency; creating s. 526.147, F.S.;
  292         creating the Florida Retail Fuel Transfer Switch
  293         Modernization Grant Program within the department;
  294         requiring the grant program to provide funds up to a
  295         certain amount to be used for installation and
  296         equipment costs related to installing or modernizing
  297         transfer switch infrastructure at retail fuel
  298         facilities; requiring the department to award funds
  299         based on specified criteria; requiring retail fuel
  300         facilities awarded grant funds to comply with
  301         specified provisions; requiring such facilities to
  302         install a transfer switch with specified capabilities;
  303         requiring retail fuel facilities to provide specified
  304         documentation before being awarded funding;
  305         prohibiting certain facilities from being awarded
  306         funding; requiring the department, in consultation
  307         with the Division of Emergency Management, to adopt
  308         rules; requiring that such rules include specified
  309         information; amending s. 531.48, F.S.; requiring that
  310         certain packages bear specified information on the
  311         outside of the package; amending s. 531.49, F.S.;
  312         revising requirements for the advertising of a
  313         packaged commodity; amending s. 570.07, F.S.;
  314         requiring the department to foster and encourage the
  315         employment and retention of qualified veterinary
  316         pathologists; providing that the department may
  317         reimburse the educational expenses of certain
  318         veterinary pathologists who enter into a certain
  319         agreement with the department; requiring the
  320         department to adopt certain rules; requiring the
  321         department to extend certain opportunities to public
  322         school students enrolled in agricultural education to
  323         support Future Farmers of America programming;
  324         requiring the department to use contracts procured by
  325         agencies; defining the term “agency”; amending s.
  326         570.544, F.S.; revising which provisions the director
  327         of the Division of Consumer Services must enforce;
  328         creating s. 570.546, F.S.; authorizing the department
  329         to create a process for the bulk renewal of licenses;
  330         authorizing the department to create a process that
  331         will allow licensees to align the expiration dates of
  332         licenses within a specified program; authorizing the
  333         department to change the expiration date for current
  334         licenses for a certain purpose; requiring the
  335         department to prorate the licensing fee for certain
  336         licenses; requiring the department to adopt rules;
  337         amending s. 570.694, F.S.; creating the Florida
  338         Aquaculture Foundation as a direct support
  339         organization within the department; providing the
  340         purpose of the foundation; providing governance for
  341         the foundation; authorizing the department to appoint
  342         an advisory committee adjunct to the foundation;
  343         amending s. 570.822, F.S.; revising the definition of
  344         the terms “declared natural disaster” and “program”;
  345         providing that loan funds from the department may be
  346         used to restock aquaculture; authorizing the
  347         department to renew a loan application under certain
  348         circumstances; authorizing the department to defer or
  349         waive loan payments under certain circumstances;
  350         conforming provisions to changes made by the act;
  351         creating s. 570.823, F.S.; defining terms;
  352         establishing the silviculture emergency recovery
  353         program within the department to administer a grant
  354         program to assist certain timber landowners; requiring
  355         that such grants be used for certain purposes;
  356         requiring that only timber lands located on
  357         agricultural property are eligible for the program;
  358         requiring the department to coordinate with state
  359         agencies to provide financial assistance to timber
  360         landowners after a specified declared emergency;
  361         providing construction; authorizing the department to
  362         adopt rules to implement this section; providing
  363         construction; amending s. 581.1843, F.S.; deleting
  364         provisions that exclude certain citrus nurseries from
  365         certain requirements; deleting provisions relating to
  366         regulated areas around the perimeter of commercial
  367         citrus nurseries; repealing ss. 593.101, 593.102,
  368         593.103, 593.104, 593.105, 593.106, 593.107, 593.108,
  369         593.109, 593.11, 593.111, 593.112, 593.113, 593.114,
  370         593.1141, 593.1142, 593.115, 593.116, and 593.117,
  371         F.S., relating to the Florida Boll Weevil Eradication
  372         Law; definitions; powers and duties of Department of
  373         Agriculture and Consumer Services; the entry of
  374         premises to carry out boll weevil eradication
  375         activities and inspections; reports by persons growing
  376         cotton; quarantine areas and the regulation of
  377         articles within a boll weevil eradication zone; the
  378         regulation of collection, transportation,
  379         distribution, and movement of cotton; cooperative
  380         programs for persons engaged in growing, processing,
  381         marketing, or handling cotton; the department’s
  382         authority to designate eradication zones, prohibit
  383         planting of cotton, and require participation in
  384         eradication program; regulation of the pasturage of
  385         livestock, entry by persons, and location of honeybee
  386         colonies in eradication zones and other areas;
  387         eligibility for certification of cotton growers’
  388         organization; the certification of cotton growers’
  389         organization; a referendum; an assessment; the
  390         department’s authority to enter agreements with the
  391         Farm Service Agency; liens; mandamus or injunction;
  392         penalty for violation; and the handling of moneys
  393         received, respectively; amending s. 595.404, F.S.;
  394         revising the department’s powers and duties regarding
  395         school nutrition programs; amending s. 599.002, F.S.;
  396         renaming the Viticulture Advisory Council as the
  397         Florida Wine Advisory Council; revising the membership
  398         of the Florida Wine Advisory Council; conforming
  399         provisions to changes made by the act; amending s.
  400         599.003, F.S.; renaming the State Viticulture Plan as
  401         the State Wine Plan; conforming provisions to changes
  402         made by the act; amending s. 599.004, F.S.; making
  403         technical changes; providing that wineries that fail
  404         to recertify annually or pay a specified licensing fee
  405         are subject to certain actions and costs; conforming
  406         provisions to changes made by the act; amending s.
  407         599.012, F.S.; conforming provisions to changes made
  408         by the act; amending s. 616.12, F.S.; deleting
  409         provisions requiring a person who operates a minstrel
  410         show in connection with any certain public fairs to
  411         pay specified license taxes; deleting a provision that
  412         exempts such person from paying specified taxes;
  413         creating s. 687.16, F.S.; providing a short title;
  414         defining terms; prohibiting a financial institution
  415         from discriminating in the provision of financial
  416         services to an agricultural producer based on an ESG
  417         factor; providing an inference with regard to a
  418         certain violation; providing that the financial
  419         institution may overcome the inference by making
  420         certain demonstrations regarding its denial or
  421         restriction of financial services to an agricultural
  422         producer; authorizing the Attorney General to enforce
  423         specified provisions; providing that a violation of
  424         specified provisions constitutes an unfair and
  425         deceptive trade practice; authorizing the Attorney
  426         General to investigate and seek remedies for such
  427         unfair trade practices; authorizing an aggrieved party
  428         to seek an action for damages; amending s. 741.0305,
  429         F.S.; conforming a cross-reference; amending s.
  430         790.06, F.S.; revising the circumstances under which
  431         the department may temporarily suspend a person’s
  432         license to carry a concealed weapon or concealed
  433         firearm or the processing of an application for such
  434         license; requiring the department to notify certain
  435         licensees or applicants of his or her right to a
  436         hearing; requiring that the hearing regarding such
  437         suspension of license be for a limited purpose;
  438         requiring the department to issue an order lifting the
  439         suspension of an applicant’s license upon a certain
  440         disposition of the criminal case; requiring that the
  441         suspension remain in effect upon a certain disposition
  442         of the criminal case; providing construction;
  443         providing legislative findings; revising the duties of
  444         the department after the date of receipt of a
  445         completed application for a license to carry a
  446         concealed weapon or concealed firearm; requiring that
  447         a license issued under this section be temporarily
  448         suspended or revoked if the license was issued in
  449         error or if the licensee commits certain actions;
  450         amending s. 812.0151, F.S.; revising the elements of
  451         third degree and second degree felony retail fuel
  452         theft; creating s. 812.136, F.S.; defining terms;
  453         providing elements for the crime of mail theft;
  454         providing elements of theft of or unauthorized
  455         reproduction of a mail depository key or lock;
  456         providing criminal penalties; amending s. 934.50,
  457         F.S.; deleting certain exceptions from the prohibited
  458         uses of drones; creating s. 1013.373, F.S.;
  459         prohibiting a local government from adopting any
  460         measure to limit the activities of public educational
  461         facilities or auxiliary facilities constructed by
  462         certain organizations; requiring that lands used for
  463         agricultural education or for the Future Farmers of
  464         America or 4-H activities be considered agricultural
  465         lands; reenacting s. 295.07(5)(a), F.S., relating to
  466         preference in appointment and retention, to
  467         incorporate the amendment made to s. 110.205, F.S., in
  468         a reference thereto; reenacting ss. 125.01(1)(r),
  469         163.3162(3)(a) through (d), 163.3163(3)(c),
  470         163.3164(4), 163.3194(5), 170.01(4), 193.052(2),
  471         193.4615, 212.08(5)(a) and (19)(a), 373.406(2),
  472         403.182(11)(a), 403.9337(4), 472.029(2)(d),
  473         474.2021(5), 474.2165(4)(d), 487.081(6), 570.85(1),
  474         570.87(1), 570.94(3), 582.19(1)(a), 586.055,
  475         604.50(2)(a) and (d), 604.73(3)(b), 692.201(1),
  476         741.30(5)(a) and (6)(a), 810.011(5)(a), and 823.14(6),
  477         F.S., relating to powers and duties; agricultural
  478         lands and practices; applications for development
  479         permits; community planning act; legal status of
  480         comprehensive plan; authority for providing
  481         improvements and levying and collecting special
  482         assessments against property benefited; preparation
  483         and serving of returns; assessment of obsolete
  484         agricultural equipment; storage tax; exemptions; local
  485         pollution control programs; the Model Ordinance for
  486         Florida-Friendly Fertilizer Use on Urban Landscapes;
  487         authorization to enter lands of third parties;
  488         veterinary telehealth; ownership and control of
  489         veterinary medical patient records; exemptions;
  490         agritourism; agritourism participation impact on land
  491         classification; best management practices for
  492         wildlife; qualifications and tenure of supervisors;
  493         location of apiaries; nonresidential farm buildings;
  494         urban agriculture pilot projects; definitions;
  495         domestic violence; definitions; and the Florida Right
  496         to Farm Act, respectively, to incorporate the
  497         amendment made to s. 193.461, F.S., in references
  498         thereto; reenacting ss. 189.062(1)(a) and 388.261(7),
  499         F.S., relating to special procedures for inactive
  500         districts and state aid to counties and districts for
  501         arthropod control, respectively, to incorporate the
  502         amendment made to s. 388.271, F.S., in references
  503         thereto; reenacting ss. 482.072(3)(b) and 482.163,
  504         F.S., relating to pest control customer contact
  505         centers and responsibility for pest control activities
  506         of employee, respectively, to incorporate the
  507         amendment made to s. 482.161, F.S., in references
  508         thereto; reenacting s. 487.156, F.S., relating to
  509         governmental agencies, to incorporate the amendment
  510         made to s. 487.044, F.S., in a reference thereto;
  511         reenacting ss. 496.4055(2) and 496.406(2) and (4),
  512         F.S., relating to charitable organization or sponsor
  513         board duties and exemption from registration,
  514         respectively, to incorporate the amendment made to s.
  515         496.405, F.S., in references thereto; reenacting s.
  516         500.80(1)(a), F.S., relating to cottage food
  517         operations, to incorporate the amendment made to s.
  518         500.12, F.S., in a reference thereto; reenacting s.
  519         500.121(6), F.S., relating to disciplinary procedures,
  520         to incorporate the amendment made to s. 500.172, F.S.,
  521         in a reference thereto; reenacting s. 790.061, F.S.,
  522         relating to judges and justices, to incorporate the
  523         amendment made to s. 790.06, F.S., in a reference
  524         thereto; providing an effective date.
  525          
  526  Be It Enacted by the Legislature of the State of Florida:
  527  
  528         Section 1. Paragraph (m) of subsection (2) of section
  529  110.205, Florida Statutes, is amended to read:
  530         110.205 Career service; exemptions.—
  531         (2) EXEMPT POSITIONS.—The exempt positions that are not
  532  covered by this part include the following:
  533         (m) All assistant division director, deputy division
  534  director, and bureau chief positions in any department, and
  535  those positions determined by the department to have managerial
  536  responsibilities comparable to such positions, which include,
  537  but are not limited to:
  538         1. Positions in The Department of Health and the Department
  539  of Children and Families which are assigned primary duties of
  540  serving as the superintendent or assistant superintendent of an
  541  institution.
  542         2. Positions in The Department of Corrections which are
  543  assigned primary duties of serving as the warden, assistant
  544  warden, colonel, or major of an institution or that are assigned
  545  primary duties of serving as the circuit administrator or deputy
  546  circuit administrator.
  547         3. Positions in The Department of Transportation which are
  548  assigned primary duties of serving as regional toll managers and
  549  managers of offices, as specified in s. 20.23(3)(b) and (4)(c).
  550         4. Positions in The Department of Environmental Protection
  551  which are assigned the duty of an Environmental Administrator or
  552  program administrator.
  553         5. Positions in The Department of Health which are assigned
  554  the duties of Environmental Administrator, Assistant County
  555  Health Department Director, and County Health Department
  556  Financial Administrator.
  557         6. Positions in The Department of Highway Safety and Motor
  558  Vehicles which are assigned primary duties of serving as
  559  captains in the Florida Highway Patrol.
  560         7.Positions in the Department of Agriculture and Consumer
  561  Services which are assigned primary duties of serving as
  562  captains or majors in the Office of Agricultural Law
  563  Enforcement.
  564  
  565  Unless otherwise fixed by law, the department shall set the
  566  salary and benefits of the positions listed in this paragraph in
  567  accordance with the rules established for the Selected Exempt
  568  Service.
  569         Section 2. Present paragraphs (a) through (d) of subsection
  570  (2) of section 163.3162, Florida Statutes, are redesignated as
  571  paragraphs (b) through (e), respectively, new paragraph (a) and
  572  paragraphs (f) and (g) are added to that subsection, and
  573  subsections (5), (6), and (7) are added to that section, to
  574  read:
  575         163.3162 Agricultural Lands and Practices.—
  576         (2) DEFINITIONS.—As used in this section, the term:
  577         (a)“Department” means the Department of Agriculture and
  578  Consumer Services.
  579         (f)“Housing site” means the totality of development
  580  supporting authorized housing, including buildings, mobile
  581  homes, barracks, dormitories used as living quarters, parking
  582  areas, common areas such as athletic fields or playgrounds,
  583  storage structures, and other related structures.
  584         (g)“Legally verified agricultural worker” means a person
  585  who:
  586         1.Is lawfully present in the United States;
  587         2.Meets the definition of eligible worker pursuant to 29
  588  C.F.R. s. 502.10;
  589         3.Has been verified through the process provided in s.
  590  448.095(2) and is authorized to work at the time of employment;
  591         4.Is seasonally or annually employed in bona fide
  592  agricultural production;
  593         5.Remains lawfully present and authorized to work
  594  throughout the duration of that employment; and
  595         6.Is not an unauthorized alien as defined in s.
  596  448.095(1).
  597         (5)HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS.—
  598         (a)A governmental entity may not adopt or enforce any
  599  legislation, regulation, or ordinance to inhibit the
  600  construction or installation of housing for legally verified
  601  agricultural workers on land classified as agricultural land
  602  pursuant to s. 193.461 which is operated as a bona fide farm
  603  except as provided in this subsection.
  604         (b)Construction or installation of housing units for
  605  legally verified agricultural workers on parcels of land
  606  classified as agricultural land under s. 193.461 must satisfy
  607  all of the following criteria:
  608         1.The dwelling units must meet federal, state, and local
  609  building standards, including standards of the Department of
  610  Health adopted pursuant to ss. 381.008-381.00897 and federal
  611  standards for H-2A visa housing. If written notice of intent is
  612  required to be submitted to the Department of Health pursuant to
  613  s. 381.0083, the appropriate governmental entity with
  614  jurisdiction over the agricultural lands may also require
  615  submittal of a copy of the written notice.
  616         2.The housing site must be maintained in a neat, orderly,
  617  and safe manner.
  618         3.All structures containing dwelling units must be located
  619  a minimum of 10 feet apart.
  620         4.The square footage of the housing site’s climate
  621  controlled facilities may not exceed 1.5 percent of the
  622  property’s area or 35,000 square feet, whichever is less.
  623         5.A housing site must provide front, side, and rear yard
  624  setbacks of at least 50 feet. However, an internal project
  625  driveway may be located in the required yard space if the yard
  626  is adjacent to a public roadway or to property that is under
  627  common ownership with the housing site.
  628         6.A housing site must be located at least 100 feet from a
  629  property line adjacent to property zoned for residential use. If
  630  the housing site is located less than 250 feet from any property
  631  line, screening must be provided between the housing site and
  632  any residentially developed adjacent parcels that are under
  633  different ownership. The screening may be designed in any of the
  634  following ways:
  635         a.Evergreen plants that, at the time of planting, are at
  636  least 6 feet in height and provide an overall screening opacity
  637  of 75 percent;
  638         b.A masonry wall at least 6 feet in height and finished on
  639  all sides with brick, stone, or painted or pigmented stucco;
  640         c.A solid wood or PVC fence at least 6 feet in height with
  641  the finished side of the fence facing out;
  642         d.A row of evergreen shade trees that, at the time of
  643  planting, are at least 10 feet in height, a minimum of 2-inch
  644  caliper, and spaced no more than 20 feet apart; or
  645         e.A berm made with a combination of the materials listed
  646  in sub-subparagraphs a.-d., which is at least 6 feet in height
  647  and provides an overall screening capacity of 75 percent at the
  648  time of installation.
  649         7.All access driveways that serve the housing site must be
  650  made of packed shell, gravel, or a similar material that will
  651  provide a relatively dust-free surface.
  652         (c)Any local ordinance adopted pursuant to this subsection
  653  must comply with all state and federal regulations for migrant
  654  farmworker housing, as applicable, including rules adopted by
  655  the Department of Health pursuant to ss. 381.008–381.00897 and
  656  federal regulations under the Migrant and Seasonal Agricultural
  657  Worker Protection Act or the H-2A visa program. A governmental
  658  entity may adopt local government land use regulations that are
  659  less restrictive than this subsection, but which still meet
  660  regulations established by the Department of Health pursuant to
  661  ss. 381.008–381.00897 and federal regulations under the Migrant
  662  and Seasonal Agricultural Worker Protection Act or the H-2A visa
  663  program. An ordinance adopted pursuant to this paragraph may not
  664  conflict with the definition and requirements of a legally
  665  verified agricultural worker.
  666         (d)Beginning July 1, 2025, a property owner must maintain
  667  records of all approved permits, including successor permits,
  668  for migrant labor camps or residential migrant housing as
  669  required under s. 381.0081. A property owner must maintain such
  670  records for at least 3 years and make the records available for
  671  inspection within 14 days after receipt of a request for records
  672  by a governmental entity.
  673         (e)A housing site may not continue to be used and may be
  674  required to be removed under the following circumstances:
  675         1.If, for any reason, a housing site is not being used for
  676  legally verified agricultural workers for longer than 365 days,
  677  any structure used as living quarters must be removed from the
  678  housing site within 180 days after receipt of written
  679  notification from the county unless the property owner can
  680  demonstrate that use of the site for housing legally verified
  681  agricultural workers will occur within 90 days after the written
  682  notification.
  683         2.If the property on which the housing site is located
  684  ceases to be classified as agricultural land pursuant to s.
  685  193.461.
  686         3.If the permit authorized by the Department of Health for
  687  the housing site is revoked, all structures must be removed from
  688  the housing site within 180 days after receipt of written
  689  notification from the county unless the permit is reinstated by
  690  the Department of Health.
  691         4.If a housing site is found to be occupied by any person
  692  who does not meet the definition of a legally verified
  693  agricultural worker, or is otherwise unlawfully present in the
  694  United States. A property owner who violates this subparagraph
  695  is subject to a Class I fine pursuant to s. 570.971, not to
  696  exceed $1,000, for the first violation, and a Class II fine, not
  697  to exceed $5,000, for any subsequent violations. The fines shall
  698  be collected by the clerk of the court of the county in which
  699  the violation occurred.
  700         (f)Notwithstanding this subsection, the construction or
  701  installation of housing for legally verified agricultural
  702  workers in the Florida Keys Area of Critical State Concern or
  703  the City of Key West Area of Critical State Concern is subject
  704  to the permit allocation systems of the Florida Keys Area of
  705  Critical State Concern or City of Key West Area of Critical
  706  State Concern, respectively.
  707         (g)A housing site that was constructed and in use before
  708  July 1, 2024, may continue to be used, and the property owner
  709  may not be required by a governmental entity to make changes to
  710  meet the requirements of this subsection, unless the housing
  711  site will be enlarged, remodeled, renovated, or rehabilitated.
  712  The property owner of a housing site authorized under this
  713  paragraph must provide regular maintenance and repair, including
  714  compliance with health and safety regulations and maintenance
  715  standards, for such housing site to ensure the health, safety,
  716  and habitability of the housing site.
  717         (6)DATA COLLECTION.—The Department shall adopt rules
  718  providing for:
  719         (a)A method for government entities to submit reports of
  720  property owners who have a housing site for legally verified
  721  agriculture workers on lands classified as agricultural land
  722  pursuant to s. 193.461, as provided in this section.
  723         (b)A method for persons to submit complaints for review
  724  and investigation by the Department.
  725  
  726  Government entities shall provide this information quarterly to
  727  the department in a format and timeframe prescribed by rule.
  728         (7)ENFORCEMENT.—
  729         (a)In addition to the enforcement methods of employment
  730  verification outlined in s. 448.095, the Department shall
  731  enforce the requirements of subsection (5). Enforcement includes
  732  completing routine inspections based on a random sample of data
  733  collected by government entities and submitted to the
  734  Department, the investigation and review of complaints, and the
  735  enforcement of violations.
  736         (b)The Department shall submit the information collected
  737  to the State Board of Immigration Enforcement on a quarterly
  738  basis, except that the first quarter shall begin 60 days after
  739  the first quarterly data report under subsection (6) by a
  740  government entity is received and reviewed by the Department.
  741         Section 3. Subsection (3) of section 201.25, Florida
  742  Statutes, is amended to read:
  743         201.25 Tax exemptions for certain loans.—There shall be
  744  exempt from all taxes imposed by this chapter:
  745         (3) Any loan made by the Agriculture and Aquaculture
  746  Producers Emergency Natural Disaster Recovery Loan Program
  747  pursuant to s. 570.822.
  748         Section 4. Subsection (19) is added to section 253.0341,
  749  Florida Statutes, to read:
  750         253.0341 Surplus of state-owned lands.—
  751         (19)Notwithstanding any other law or rule, the Department
  752  of Agriculture and Consumer Services may surplus lands acquired
  753  pursuant to s. 366.20 which are determined to be suitable for
  754  bona fide agricultural production, as defined in s. 193.461. The
  755  Department of Agriculture and Consumer Services shall consult
  756  with the Department of Environmental Protection in the process
  757  of making such determination. In the event that lands acquired
  758  pursuant to s. 366.20, which are determined to be suitable for
  759  bona fide agricultural production are surplused, the Department
  760  of Agriculture and Consumer Services must retain a rural-lands
  761  protection easements pursuant to s. 570.71(3), and all proceeds
  762  must be deposited into the Incidental Trust Fund within the
  763  Department of Agriculture and Consumer Services for less than
  764  fee simple land acquisition pursuant to ss. 570.71 and 570.715.
  765  By January 1, 2026, and each January 1 thereafter, the
  766  Department of Agriculture and Consumer Services shall provide a
  767  report of lands surplused pursuant to this subsection to the
  768  board.
  769         (a)Any lands designated as a state forest, state park, or
  770  wildlife management area are ineligible to be surplused pursuant
  771  to this subsection.
  772         (b)This subsection is retroactive to January 1, 2009.
  773         Section 5. Present paragraphs (a) through (d) and (e) of
  774  subsection (2) and subsection (6) of section 330.41, Florida
  775  Statutes, are redesignated as paragraphs (b) through (e) and (j)
  776  of subsection (2) and subsection (8), respectively, new
  777  paragraphs (a) and (f) and paragraphs (g), (h), and (i) are
  778  added to subsection (2) and new subsection (6) and subsection
  779  (7) are added to that section, and paragraph (d) of subsection
  780  (4) of that section is amended, to read:
  781         330.41 Unmanned Aircraft Systems Act.—
  782         (2) DEFINITIONS.—As used in this act, the term:
  783         (a)“Commercial property” means real property other than
  784  residential property. The term includes, but is not limited to,
  785  a property zoned multifamily residential which is comprised of
  786  five or more dwelling units, and real property used for
  787  commercial, industrial, or agricultural purposes.
  788         (f)“Private property” means any residential or commercial
  789  property.
  790         (g)“Property owner” means the owner or owners of record of
  791  real property. The term includes real property held in trust for
  792  the benefit of one or more individuals, in which case the
  793  individual or individuals may be considered as the property
  794  owner or owners, provided that the trustee provides written
  795  consent. The term does not include persons renting, using,
  796  living, or otherwise occupying real property.
  797         (h)“Residential property” means real property zoned as
  798  residential or multifamily residential and composed of four or
  799  fewer dwelling units.
  800         (i)“Sport shooting and training range” has the same
  801  meaning as in s. 790.333(3)(h).
  802         (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
  803         (d) This subsection and paragraph (2)(b) paragraph (2)(a)
  804  shall sunset 60 days after the date that a process pursuant to
  805  s. 2209 of the FAA Extension, Safety and Security Act of 2016
  806  becomes effective.
  807         (6)PROTECTION OF AGRICULTURAL LANDS.—
  808         (a)A person may not knowingly or willfully do any of the
  809  following on lands classified as agricultural lands pursuant to
  810  s. 193.461:
  811         1.Allow a drone to make contact with any person or object
  812  on the premises of or within the boundaries of such lands.
  813         2.Allow a drone to come within a distance close enough to
  814  such lands to interfere with or cause a disturbance to
  815  agricultural production.
  816         (b)A person who violates paragraph (a) commits a
  817  misdemeanor of the second degree, punishable as provided in s.
  818  775.082 or s. 775.083. A person who commits a second or
  819  subsequent violation commits a misdemeanor of the first degree,
  820  punishable as provided in s. 775.082 or s. 775.083.
  821         (c)This subsection does not apply to actions identified in
  822  paragraph (a) which are committed by:
  823         1. The owner of the agricultural lands, or a person acting
  824  under the prior written consent of the owner of the agricultural
  825  lands.
  826         2.A person or entity acting in compliance with the
  827  provisions of s. 934.50.
  828         (7)PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING
  829  LANDS.—
  830         (a)A person may not knowingly or willfully allow a drone
  831  to make contact with private property, state wildlife management
  832  lands, or a sport shooting and training range or any person or
  833  object on the premises of or within such property with the
  834  intent to harass.
  835         (b) A person who violates paragraph (a) commits a
  836  misdemeanor of the second degree, punishable as provided in s.
  837  775.082 or s. 775.083. A person who commits a second or
  838  subsequent violation commits a misdemeanor of the first degree,
  839  punishable as provided in s. 775.082 or s. 775.083.
  840         (c) A person who violates paragraph (a) and records video
  841  of the private property, state wildlife management lands, or
  842  sport shooting and training range, including any person or
  843  object on the premises of or within the private property, state
  844  wildlife management lands, or sport shooting and training range,
  845  commits a misdemeanor of the first degree, punishable as
  846  provided in s. 775.082 or s. 775.083. A person who commits a
  847  second or subsequent violation commits a felony of the third
  848  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  849  775.084.
  850         (d) This subsection does not apply to actions identified in
  851  paragraph (a) which are committed by:
  852         1. The property owner of the private property or sport
  853  shooting and training range, or a person acting under the prior
  854  written consent of the property owner.
  855         2.A person or entity acting in compliance with the
  856  provisions of s. 934.50.
  857         Section 6. Section 366.20, Florida Statutes, is created to
  858  read:
  859         366.20 Sale and management of lands owned by electric
  860  utilities.—
  861         (1)Lands acquired by an electric utility as defined in s.
  862  361.11(2) which have been classified as agricultural lands
  863  pursuant to s. 193.461 at any time in the 5 years preceding the
  864  acquisition of the land by the electric utility must be offered
  865  for fee simple acquisition by the Department of Agriculture and
  866  Consumer Services before offering for sale or transferring the
  867  land to a private individual or entity.
  868         (2)Lands owned by an electric utility as defined in s.
  869  361.11(2) which were classified as agricultural lands pursuant
  870  to s. 193.461 at any time in the 5 years preceding the date of
  871  acquisition of the land by the electric utility must be offered
  872  for fee simple acquisition by the Department of Agriculture and
  873  Consumer Services before offering for sale or transferring the
  874  land to a private individual or entity.
  875         (3)This section is retroactive to January 1, 2009.
  876         Section 7. Present subsections (3) and (4) of section
  877  366.94, Florida Statutes, are redesignated as subsections (4)
  878  and (5), respectively, a new subsection (3) is added to that
  879  section, and subsection (2) of that section is amended, to read:
  880         366.94 Electric vehicle charging.—
  881         (2)(a) As used in this section, the term electric vehicle
  882  charging station means the area in the immediate vicinity of
  883  electric vehicle supply equipment and includes the electric
  884  vehicle supply equipment, supporting equipment, and associated
  885  parking spaces. The regulation of electric vehicle charging
  886  stations is preempted to the state.
  887         (b)(a) A local governmental entity may not enact or enforce
  888  an ordinance or regulation related to electric vehicle charging
  889  stations.
  890         (3)(a)(b) The Department of Agriculture and Consumer
  891  Services shall adopt rules to implement this subsection and to
  892  provide requirements for electric vehicle charging stations to
  893  allow for consistency for consumers and the industry.
  894         (b)The department may adopt rules to protect the public
  895  health, safety, and welfare and establish standards for the
  896  placement, design, installation, maintenance, and operation of
  897  electric vehicle charging stations.
  898         (c)Local governmental entities shall issue permits for
  899  electric vehicle charging stations based solely upon standards
  900  established by department rule and other applicable provisions
  901  of state law. The department shall prescribe by rule the time
  902  period for approving or denying permit applications.
  903         (d)Before a charger at an electric vehicle charging
  904  station is placed into service for use by the public, the
  905  charger must be registered with the department on a form
  906  prescribed by department rule.
  907         (e)The department shall have the authority to inspect
  908  electric vehicle charging stations, conduct investigations, and
  909  enforce this subsection and any rules adopted thereto. The
  910  department may impose one or more of the following penalties
  911  against a person who violates this subsection or any rule
  912  adopted under this subsection:
  913         1.Issuance of a warning letter.
  914         2.Imposition of an administrative fine in the Class II
  915  category pursuant to s. 570.971 for each violation.
  916         (f)If the department determines that an electric vehicle
  917  charging station or any associated equipment presents a threat
  918  to the public health, safety, or welfare, the department may
  919  issue an immediate final order prohibiting the use of the
  920  electric vehicle charging station or any portion thereof.
  921         (g)In addition to the remedies provided in this
  922  subsection, and notwithstanding the existence of any adequate
  923  remedy at law, the department may bring an action to enjoin a
  924  violation of this subsection or rules adopted under this
  925  subsection in the circuit court of the county in which the
  926  violation occurs or is about to occur. Upon demonstration of
  927  competent and substantial evidence by the department to the
  928  court of the violation or threatened violation, the court shall
  929  immediately issue the temporary or permanent injunction sought
  930  by the department. The injunction must be issued without bond.
  931         Section 8. Present subsections (10) and (11) of section
  932  388.011, Florida Statutes, are redesignated as subsections (11)
  933  and (12), respectively, a new subsection (10) is added to that
  934  section, and subsections (2) and (5) of that section are
  935  amended, to read:
  936         388.011 Definitions.—As used in this chapter:
  937         (2) “Board of commissioners” means the governing body of
  938  any mosquito control program district, and may include boards of
  939  county commissioners, city councils, municipalities, or other
  940  similar governing bodies when context so indicates.
  941         (5) “District” means any mosquito control special district
  942  established in this state by law for the express purpose of
  943  controlling arthropods within boundaries of such said districts.
  944         (10) “Program” means any governmental jurisdiction that
  945  conducts mosquito control, whether it be a special district,
  946  county, or municipality.
  947         Section 9. Section 388.021, Florida Statutes, is amended to
  948  read:
  949         388.021 Creation of mosquito control special districts.—
  950         (1) The abatement or suppression of arthropods, whether
  951  disease-bearing or merely pestiferous, within any or all
  952  counties of this state is advisable and necessary for the
  953  maintenance and betterment of the comfort, health, and welfare
  954  of the people thereof and is found and declared to be for public
  955  purposes. Areas where arthropods incubate, hatch, or occur in
  956  significant numbers so as to constitute a public health,
  957  welfare, or nuisance problem may be controlled or abated as
  958  provided in this chapter or the rules promulgated hereunder.
  959  Therefore, any municipality city, town, or county, or any
  960  portion or portions thereof, whether such portion or portions
  961  include incorporated territory or portions of two or more
  962  counties in the state, may be created into a special taxing
  963  district for the control of arthropods under the provisions of
  964  this chapter.
  965         (2) It is the legislative intent that those mosquito
  966  control districts established prior to July 1, 1980, pursuant to
  967  the petition process contained in former s. 388.031, may
  968  continue to operate as outlined in this chapter. However, on and
  969  after that date, no mosquito control districts may be created
  970  except pursuant to s. 125.01.
  971         Section 10. Section 388.181, Florida Statutes, is amended
  972  to read:
  973         388.181 Power to do all things necessary.—The respective
  974  programs districts of the state are hereby fully authorized to
  975  do and perform all things necessary to carry out the intent and
  976  purposes of this law.
  977         Section 11. Subsections (1), (2), (4), and (5) of section
  978  388.201, Florida Statutes, are amended to read:
  979         388.201 Program District budgets; hearing.—
  980         (1) The fiscal year of programs districts operating under
  981  the provisions of this chapter shall be the 12-month period
  982  extending from October 1 of one year through September 30 of the
  983  following year. The governing board of the programs district
  984  shall before July 15 of each year complete the preparation of a
  985  tentative detailed work plan budget covering its proposed
  986  operations and requirements for arthropod control measures
  987  during the ensuing fiscal year and, for the purpose of
  988  determining eligibility for state aid, shall submit copies as
  989  may be required to the department for review and approval. The
  990  tentative detailed work plan budget must shall set forth,
  991  classified by account number, title and program items, and by
  992  fund from which to be paid, the proposed expenditures of the
  993  program district for construction, for acquisition of land, and
  994  other purposes, for the operation and maintenance of the
  995  program’s district’s works, the conduct of the program district
  996  generally, to which may be added an amount to be held as a
  997  reserve.
  998         (2) The tentative detailed work plan budget must shall also
  999  show the estimated amount which will appear at the beginning of
 1000  the fiscal year as obligated upon commitments made but
 1001  uncompleted,. There shall be shown the estimated unobligated or
 1002  net balance which will be on hand at the beginning of the fiscal
 1003  year, and the estimated amount to be raised by county,
 1004  municipality, or district taxes and from any and all other
 1005  sources for meeting the program’s the district’s requirements.
 1006         (4) The governing board shall:
 1007         (a) Shall Consider objections filed against adoption of the
 1008  tentative detailed work plan budget and in its discretion may
 1009  amend, modify, or change such budget; and
 1010         (b) Shall By September 30, adopt and execute on a form
 1011  furnished by the department a certified budget for the programs
 1012  district which shall be the operating and fiscal guide for the
 1013  program district. Certified copies of this budget must shall be
 1014  submitted by September 30 to the department for approval.
 1015         (5) County commissioners’ mosquito and arthropod control
 1016  budgets or the budgets of or similar governing body of said
 1017  county, city, or town’s must shall be made and adopted as
 1018  prescribed by subsections (1) and (2); summary figures must
 1019  shall be incorporated into the county budgets as prescribed by
 1020  the Department of Financial Services.
 1021         Section 12. Section 388.241, Florida Statutes, is amended
 1022  to read:
 1023         388.241 Board of county commissioners vested with powers
 1024  and duties of board of commissioners in certain counties.—In
 1025  those counties or cities where there has been no formation of a
 1026  separate or special board of commissioners, all the rights,
 1027  powers, and duties of a board of commissioners as conferred in
 1028  this chapter shall be vested in the board of county
 1029  commissioners or similar governing body of said county or city.
 1030         Section 13. Section 388.261, Florida Statutes, is amended
 1031  to read:
 1032         388.261 State aid to counties, municipalities, and
 1033  districts for arthropod control; distribution priorities and
 1034  limitations.—
 1035         (1) A county, municipality, or district may, without
 1036  contributing matching funds, receive state funds, supplies,
 1037  services, or equipment in an amount of no more than $75,000
 1038  $50,000 per year for up to 3 years for any new program for the
 1039  control of mosquitoes and other arthropods which serves an area
 1040  not previously served by the county, municipality, or district.
 1041  These funds may be expended for any and all types of control
 1042  measures approved by the department.
 1043         (2) Every county, municipality, or district budgeting local
 1044  funds to be used exclusively for the control of mosquitoes and
 1045  other arthropods, under a plan submitted by the county,
 1046  municipality, or district and approved by the department, is
 1047  eligible to receive state funds and supplies, services, and
 1048  equipment on a dollar-for-dollar matching basis to the amount of
 1049  local funds budgeted. If state funds appropriated by the
 1050  Legislature are insufficient to grant each county, municipality,
 1051  or district state funds on a dollar-for-dollar matching basis to
 1052  the amount budgeted in local funds, the department must shall
 1053  distribute the funds as prescribed by rule. Such rules must
 1054  shall provide for up to 80 percent of the funds to be
 1055  distributed to programs with local funds for mosquito control
 1056  budgets of less than $1 million, if the county, municipality, or
 1057  district meets the eligibility requirements. The funds must
 1058  shall be distributed as equally as possible within the category
 1059  of counties pursuant to this section. The remaining funds must
 1060  shall be distributed as prescribed by rule among the remaining
 1061  counties to support mosquito control and to support research,
 1062  education, and outreach.
 1063         (3) Every county shall be limited to receive a total of
 1064  $120,000 of state funds, exclusive of state funds brought
 1065  forward, during any one year.
 1066         (4) Up to 20 percent of the annual funds appropriated to
 1067  local governments for arthropod control may be used for
 1068  arthropod control research or demonstration projects as approved
 1069  by the department.
 1070         (5) If more than one program local mosquito control agency
 1071  exists in a county or municipality, the funds must shall be
 1072  prorated between the programs agencies based on the population
 1073  served by each program agency.
 1074         (6) The Commissioner of Agriculture may exempt counties,
 1075  municipalities, or districts from the requirements in subsection
 1076  (1), subsection (2), or subsection (3) when the department
 1077  determines state funds, supplies, services, or equipment are
 1078  necessary for the immediate control of mosquitoes and other
 1079  arthropods that pose a threat to human or animal health.
 1080         (7) The department may use state funds appropriated for a
 1081  county, municipality, or district under subsection (1) or
 1082  subsection (2) to provide state mosquito or other arthropod
 1083  control equipment, supplies, or services when requested by a
 1084  county, municipality, or district eligible to receive state
 1085  funds under s. 388.271.
 1086         (8) The department is authorized to use up to 5 percent of
 1087  the funds appropriated annually by the Legislature under this
 1088  section to provide technical assistance to the counties,
 1089  municipalities, or districts, or to purchase equipment,
 1090  supplies, or services necessary to administer the provisions of
 1091  this chapter.
 1092         Section 14. Subsections (1) and (2) of section 388.271,
 1093  Florida Statutes, are amended to read:
 1094         388.271 Prerequisites to participation.—
 1095         (1) When state funds are involved, it is the duty of the
 1096  department to guide, review, approve, and coordinate the
 1097  activities of all county and municipal governments and special
 1098  districts receiving state funds in furtherance of the goal of
 1099  integrated arthropod control. Each program county eligible to
 1100  participate may, and each district must, begin participation on
 1101  October 1 of any year by filing with the department not later
 1102  than July 15 a tentative integrated arthropod management plan
 1103  work plan and tentative detailed work plan budget providing for
 1104  the control of arthropods. Following approval of the plan and
 1105  budget by the department, a copy two copies of the program’s
 1106  county’s or district’s certified budget based on the approved
 1107  integrated arthropod management work plan and detailed work plan
 1108  budget must shall be submitted to the department by September 30
 1109  following. State funds, supplies, and services must shall be
 1110  made available to such program county or district by and through
 1111  the department immediately upon release of funds by the
 1112  Executive Office of the Governor.
 1113         (2) All purchases of supplies, materials, and equipment by
 1114  programs must counties or districts shall be made in accordance
 1115  with the laws governing purchases by boards of county
 1116  commissioners or similar governing bodies, except that programs
 1117  districts with special laws relative to competitive bidding
 1118  shall make purchases in accordance therewith.
 1119         Section 15. Subsections (1) and (3) of section 388.281,
 1120  Florida Statutes, are amended to read:
 1121         388.281 Use of state matching funds.—
 1122         (1) All funds, supplies, and services released to programs
 1123  counties and districts hereunder must shall be used in
 1124  accordance with the integrated arthropod management detailed
 1125  work plan and certified budget approved by both the department
 1126  and the board of county commissioners or an appropriate
 1127  representative county or district. The integrated arthropod
 1128  management plan and budget may be amended at any time upon prior
 1129  approval of the department.
 1130         (3) In any program county or district where the arthropod
 1131  problem has been eliminated, or reduced to such an extent that
 1132  it does not constitute a health, comfort, or economic problem as
 1133  determined by the department, the maximum amount of state funds
 1134  available under this chapter shall be reduced to the amount
 1135  necessary to meet actual need.
 1136         Section 16. Subsections (1) and (2) of section 388.291,
 1137  Florida Statutes, are amended to read:
 1138         388.291 Source reduction measures; supervision by
 1139  department.—
 1140         (1) Any program county or district may perform source
 1141  reduction measures in conformity with good engineering practices
 1142  in any area, provided that the department cooperating with the
 1143  county, municipality, or district has approved the operating or
 1144  construction plan as outlined in the integrated arthropod
 1145  management plan and that it has been determined by criteria
 1146  contained in rule that the area or areas to be controlled would
 1147  produce arthropods in significant numbers to constitute a health
 1148  or nuisance problem.
 1149         (2) The program county or district shall manage the
 1150  detailed business affairs and supervise the said work, and the
 1151  department shall advise the programs districts as to the best
 1152  and most effective measures to be used in bringing about better
 1153  temporary control and the permanent elimination of breeding
 1154  conditions. The department may at its discretion discontinue any
 1155  state aid provided hereunder in the event it finds the jointly
 1156  agreed upon program is not being followed or is not efficiently
 1157  and effectively administered.
 1158         Section 17. Section 388.301, Florida Statutes, is amended
 1159  to read:
 1160         388.301 Payment of state funds; supplies and services.
 1161  State funds shall be payable quarterly, in accordance with the
 1162  rules of the department, upon requisition by the department to
 1163  the Chief Financial Officer. The department is authorized to
 1164  furnish insecticides, chemicals, materials, equipment, vehicles,
 1165  and personnel in lieu of state funds where mass purchasing may
 1166  save funds for the state, or where it would be more practical
 1167  and economical to use equipment, supplies, and services between
 1168  two or more programs counties or districts.
 1169         Section 18. Section 388.311, Florida Statutes, is amended
 1170  to read:
 1171         388.311 Carry over of state funds and local funds.—State
 1172  and local funds budgeted for the control of mosquitoes and other
 1173  arthropods shall be carried over at the end of the program’s
 1174  county or district’s fiscal year, and rebudgeted for such
 1175  control measures the following fiscal year.
 1176         Section 19. Section 388.321, Florida Statutes, is amended
 1177  to read:
 1178         388.321 Equipment to become property of a program the
 1179  county or district.—All equipment purchased under this chapter
 1180  with state funds made available directly to a program the county
 1181  or district shall become the property of the program county or
 1182  district unless otherwise provided, and may be traded in on
 1183  other equipment, or sold, when no longer needed by the program
 1184  county or district.
 1185         Section 20. Section 388.322, Florida Statutes, is amended
 1186  to read:
 1187         388.322 Record and inventory of certain property.—A record
 1188  and inventory of certain property purchased with state funds for
 1189  arthropod control use owned by the program must district shall
 1190  be maintained in accordance with s. 274.02.
 1191         Section 21. Section 388.323, Florida Statutes, is amended
 1192  to read:
 1193         388.323 Disposal of surplus property.—Surplus property
 1194  shall be disposed of according to the provisions set forth in s.
 1195  274.05 with the following exceptions:
 1196         (1) Serviceable equipment purchased using state funds for
 1197  arthropod control use no longer needed by a program must county
 1198  or district shall first be offered to any or all other programs
 1199  counties or districts engaged in arthropod control at a price
 1200  established by the board of commissioners owning the equipment.
 1201         (2) The alternative procedure for disposal of surplus
 1202  property, as prescribed in s. 274.06, must shall be followed if
 1203  it is determined that no other program county or district
 1204  engaged in arthropod control has need for the equipment.
 1205         (3) All proceeds from the sale of any real or tangible
 1206  personal property owned by the program and purchased using state
 1207  funds county or district shall be deposited in the program’s
 1208  county’s or district’s state fund account unless otherwise
 1209  specifically designated by the department.
 1210         Section 22. Section 388.341, Florida Statutes, is amended
 1211  to read:
 1212         388.341 Reports of expenditures and accomplishments.—Each
 1213  program receiving state aid county and district participating
 1214  under the provisions of this chapter shall within 30 days after
 1215  the end of each month submit to the department a monthly report
 1216  for the preceding month of expenditures from all funds for
 1217  arthropod control, and each program participating under this
 1218  chapter shall provide such reports of activities and
 1219  accomplishments as may be required by the department.
 1220         Section 23. Section 388.351, Florida Statutes, is amended
 1221  to read:
 1222         388.351 Transfer of equipment, personnel, and supplies
 1223  during an emergency.—The department, upon notifying a program
 1224  county or district and obtaining its approval, is authorized to
 1225  transfer equipment, materials, and personnel from one program
 1226  district to another in the event of an emergency brought about
 1227  by an arthropod-borne epidemic or other disaster requiring
 1228  emergency control.
 1229         Section 24. Subsection (7) of section 388.361, Florida
 1230  Statutes, is amended to read:
 1231         388.361 Department authority and rules; administration.—
 1232         (7) The department shall have the authority to collect,
 1233  detect, suppress, and control mosquitoes and other arthropods
 1234  that are determined by the State Health Officer to pose a threat
 1235  to public health, or determined by the Commissioner of
 1236  Agriculture to pose a threat to animal health, wherever they may
 1237  occur on public or private land in this state, and to do all
 1238  things necessary in the exercise of such authority. Prior to the
 1239  start of treatments for the control of mosquitoes or other
 1240  arthropods, the department shall consult with the mosquito
 1241  control programs districts in the proposed treatment areas, the
 1242  Department of Health, the Department of Environmental
 1243  Protection, and the Fish and Wildlife Conservation Commission
 1244  regarding the proposed locations, dates, and methods to be used.
 1245         Section 25. Subsections (2) and (3) of section 388.3711,
 1246  Florida Statutes, are amended to read:
 1247         388.3711 Enforcement.—
 1248         (2) The department may issue a written warning, impose a
 1249  fine; deny, suspend, or revoke any license or certification, or
 1250  the disbursal of state aid; or deny participation, in accordance
 1251  with the provisions of chapter 120, upon any one or more of the
 1252  following grounds as may be applicable:
 1253         (a) Violation of any rule of the department or provision of
 1254  this chapter.
 1255         (b) Violation of FIFRA or any relevant EPA rule or
 1256  regulation pertaining to the use of arthropod control pesticides
 1257  by the licensee.
 1258         (c) Failure to give the department, or any authorized
 1259  representative thereof, true information upon request regarding
 1260  methods and materials used, work performed, or other information
 1261  essential to the administration of this chapter.
 1262         (3) The department may, if it finds a violation is of such
 1263  nature or circumstances that imposition of a fine, or denial,
 1264  revocation, or suspension of a certification or license or
 1265  disbursal of state aid would be detrimental to the public or be
 1266  unnecessarily harsh under the circumstances, in its discretion,
 1267  place the offending party on probation for a period of not more
 1268  than 2 years. If the department determines that the terms of
 1269  such probation have been violated, it may reinstitute license or
 1270  certification or state aid denial, suspension, or revocation
 1271  proceedings.
 1272         Section 26. Section 388.381, Florida Statutes, is amended
 1273  to read:
 1274         388.381 Cooperation by programs counties and district.—Any
 1275  program conducting county or district carrying on an arthropod
 1276  control program may cooperate with another county, district, or
 1277  municipality in carrying out work a program for the control of
 1278  mosquitoes and other arthropods, by agreement as to the program
 1279  and reimbursement thereof, when approved by the department.
 1280         Section 27. Section 388.391, Florida Statutes, is amended
 1281  to read:
 1282         388.391 Control measures in municipalities and portions of
 1283  counties located outside boundaries of programs districts.—Any
 1284  program district whose operation is limited to a portion of the
 1285  county in which it is located may perform any control measures
 1286  authorized by this chapter in any municipality located in the
 1287  same county or in any portions of the same county, where there
 1288  is no established program district, when requested to do so by
 1289  the municipality or county, pursuant to s. 388.381.
 1290         Section 28. Section 388.401, Florida Statutes, is amended
 1291  to read:
 1292         388.401 Penalty for damage to property or operations.
 1293  Whoever shall willfully damages damage any of the property of
 1294  any program county or district created under this or other
 1295  chapters, or any works constructed, maintained, or controlled by
 1296  such program county or district, or who obstructs shall obstruct
 1297  or causes cause to be obstructed any of the operations of such
 1298  program county or district, or who shall knowingly or willfully
 1299  violates violate any provisions of this chapter or any rule or
 1300  regulation promulgated by any board of commissioners of any
 1301  program, commits county or district shall be guilty of a
 1302  misdemeanor of the second degree, punishable as provided in s.
 1303  775.082 or s. 775.083.
 1304         Section 29. Paragraph (a) of subsection (2) of section
 1305  388.46, Florida Statutes, is amended to read:
 1306         388.46 Florida Coordinating Council on Mosquito Control;
 1307  establishment; membership; organization; responsibilities.—
 1308         (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
 1309         (a) Membership.—The Florida Coordinating Council on
 1310  Mosquito Control shall be composed comprised of the following
 1311  representatives or their authorized designees:
 1312         1. The Secretary of Environmental Protection.
 1313         2. The State Surgeon General.
 1314         3. The executive director of the Fish and Wildlife
 1315  Conservation Commission.
 1316         4. The state epidemiologist.
 1317         5. The Commissioner of Agriculture.
 1318         6. The Board of Trustees of the Internal Improvement Trust
 1319  Fund.
 1320         7. Representatives from:
 1321         a. The University of Florida, Institute of Food and
 1322  Agricultural Sciences, Florida Medical Entomological Research
 1323  Laboratory.
 1324         b. The United States Environmental Protection Agency.
 1325         c. The United States Department of Agriculture, Center of
 1326  Medical, Agricultural, and Veterinary Entomology Insects
 1327  Affecting Man Laboratory.
 1328         d. The United States Fish and Wildlife Service.
 1329         8. Four Two mosquito control directors to be nominated by
 1330  the Florida Mosquito Control Association, two representatives of
 1331  Florida environmental groups, and two private citizens who are
 1332  property owners whose lands are regularly subject to mosquito
 1333  control operations, to be appointed to 4-year terms by the
 1334  Commissioner of Agriculture and serve until his or her successor
 1335  is appointed.
 1336         Section 30. Paragraph (d) of subsection (7) of section
 1337  403.067, Florida Statutes, is amended to read:
 1338         403.067 Establishment and implementation of total maximum
 1339  daily loads.—
 1340         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1341  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1342         (d) Enforcement and verification of basin management action
 1343  plans and management strategies.—
 1344         1. Basin management action plans are enforceable pursuant
 1345  to this section and ss. 403.121, 403.141, and 403.161.
 1346  Management strategies, including best management practices and
 1347  water quality monitoring, are enforceable under this chapter.
 1348         2. No later than January 1, 2017:
 1349         a. The department, in consultation with the water
 1350  management districts and the Department of Agriculture and
 1351  Consumer Services, shall initiate rulemaking to adopt procedures
 1352  to verify implementation of water quality monitoring required in
 1353  lieu of implementation of best management practices or other
 1354  measures pursuant to sub-subparagraph (b)2.g.;
 1355         b. The department, in consultation with the water
 1356  management districts and the Department of Agriculture and
 1357  Consumer Services, shall initiate rulemaking to adopt procedures
 1358  to verify implementation of nonagricultural interim measures,
 1359  best management practices, or other measures adopted by rule
 1360  pursuant to subparagraph (c)1.; and
 1361         c. The Department of Agriculture and Consumer Services, in
 1362  consultation with the water management districts and the
 1363  department, shall initiate rulemaking to adopt procedures to
 1364  verify implementation of agricultural interim measures, best
 1365  management practices, or other measures adopted by rule pursuant
 1366  to subparagraph (c)2.
 1367  
 1368  The rules required under this subparagraph shall include
 1369  enforcement procedures applicable to the landowner, discharger,
 1370  or other responsible person required to implement applicable
 1371  management strategies, including best management practices or
 1372  water quality monitoring as a result of noncompliance.
 1373         3. At least every 2 years, the Department of Agriculture
 1374  and Consumer Services shall perform onsite inspections of each
 1375  agricultural producer that enrolls in a best management
 1376  practice, except those enrolled by rule in subparagraph 4., to
 1377  ensure that such practice is being properly implemented. Such
 1378  verification must include a collection and review of the best
 1379  management practice documentation from the previous 2 years
 1380  required by rules adopted pursuant to subparagraph (c)2.,
 1381  including, but not limited to, nitrogen and phosphorus
 1382  fertilizer application records, which must be collected and
 1383  retained pursuant to subparagraphs (c)3., 4., and 6. The
 1384  Department of Agriculture and Consumer Services shall initially
 1385  prioritize the inspection of agricultural producers located in
 1386  the basin management action plans for Lake Okeechobee, the
 1387  Indian River Lagoon, the Caloosahatchee River and Estuary, and
 1388  Silver Springs.
 1389         4.The Department of Agriculture and Consumer Services is
 1390  authorized to adopt rules establishing an enrollment in best
 1391  management practices by rule process that agricultural pollutant
 1392  sources and agricultural producers may use in lieu of the best
 1393  management practices adopted in paragraph (c) and identify best
 1394  management practices for landowners of parcels which meet the
 1395  following requirements:
 1396         a.A parcel not more than 25 acres in size;
 1397         b.A parcel designated as agricultural land use by the
 1398  county in which it is located or the parcel is granted
 1399  agricultural tax classification by the county property appraiser
 1400  of the county in which it is located;
 1401         c.A parcel with water use not exceeding 100,000 gallons
 1402  per day on average unless the entire use is met using recycled
 1403  water from wet detention treatment ponds or reuse water;
 1404         d.A parcel where the agricultural activity on the parcel
 1405  is not a vegetable crop, an agronomic crop, a nursery, or a
 1406  dairy operation;
 1407         e.A parcel not abutting an impaired water body identified
 1408  in subsection (4); and
 1409         f.A parcel not part of a larger operation that is enrolled
 1410  in the Department of Agriculture and Consumer Services best
 1411  management practices or conducting water quality monitoring
 1412  prescribed by the department or a water management district.
 1413  
 1414  Such requirements must specify design or performance criteria
 1415  that, if applied, would result in compliance with appropriate
 1416  water quality standards. The Department of Agriculture and
 1417  Consumer Services is authorized to adopt additional eligibility
 1418  criteria for landowners or producers to use enrollment by rule
 1419  and to revoke enrollment by rule.
 1420         5.The Department of Agriculture and Consumer Services
 1421  shall annually perform onsite inspections of 20 percent for all
 1422  enrollments that meet the qualifications pursuant to
 1423  subparagraph 4. by rule within basin management action plan
 1424  areas, to ensure that practices are being properly implemented.
 1425  Such inspections must include a collection and review of the
 1426  identified best management practice documentation from the
 1427  previous 2 years required by rules adopted pursuant to
 1428  subparagraph (c)2. All agricultural producers enrolled by rule
 1429  in a best management practice must annually submit nutrient
 1430  records, including nitrogen and phosphorus application records
 1431  for the previous calendar year, to the Department of Agriculture
 1432  and Consumer Services as required by rules adopted pursuant to
 1433  subparagraph (c)2. The Department of Agriculture and Consumer
 1434  Services shall collect and retain these nutrient records
 1435  pursuant to subparagraphs (c)3., 4., and 6.
 1436         Section 31. Subsection (19) is added to section 403.852,
 1437  Florida Statutes, to read:
 1438         403.852 Definitions; ss. 403.850-403.864.—As used in ss.
 1439  403.850-403.864:
 1440         (19)“Water quality additive” means any chemical or
 1441  additive which is used in a public water system for the purpose
 1442  of removing contaminants or increasing water quality. The term
 1443  does not include additives used for health-related purposes.
 1444         Section 32. Subsection (8) is added to section 403.859,
 1445  Florida Statutes, to read:
 1446         403.859 Prohibited acts.—The following acts and the causing
 1447  thereof are prohibited and are violations of this act:
 1448         (8) The use of any additive in a public water system which
 1449  does not meet the definition of a water quality additive as
 1450  defined in s. 403.852(19), or the use of any additive included
 1451  primarily for health-related purposes.
 1452         Section 33. Subsection (10) of section 482.111, Florida
 1453  Statutes, is amended to read:
 1454         482.111 Pest control operator’s certificate.—
 1455         (10) In order to renew a certificate, the certificateholder
 1456  must complete 2 hours of approved continuing education on
 1457  legislation, safety, pesticide labeling, and integrated pest
 1458  management and 2 hours of approved continuing education in each
 1459  category of her or his certificate or must pass an examination
 1460  that the department shall provide in person and remotely through
 1461  a third-party vendor. The third-party vendor may collect and
 1462  retain a convenience fee given by the department. The department
 1463  may not renew a certificate if the continuing education or
 1464  examination requirement is not met.
 1465         (a) Courses or programs, to be considered for credit, must
 1466  include one or more of the following topics:
 1467         1. The law and rules of this state pertaining to pest
 1468  control.
 1469         2. Precautions necessary to safeguard life, health, and
 1470  property in the conducting of pest control and the application
 1471  of pesticides.
 1472         3. Pests, their habits, recognition of the damage they
 1473  cause, and identification of them by accepted common name.
 1474         4. Current accepted industry practices in the conducting of
 1475  fumigation, termites and other wood-destroying organisms pest
 1476  control, lawn and ornamental pest control, and household pest
 1477  control.
 1478         5. How to read labels, a review of current state and
 1479  federal laws on labeling, and a review of changes in or
 1480  additions to labels used in pest control.
 1481         6. Integrated pest management.
 1482         (b) The certificateholder must submit with her or his
 1483  application for renewal a statement certifying that she or he
 1484  has completed the required number of hours of continuing
 1485  education. The statement must be on a form prescribed by the
 1486  department and must identify at least the date, location,
 1487  provider, and subject of the training and must provide such
 1488  other information as required by the department.
 1489         (c) The department shall charge the same fee for
 1490  examination as provided in s. 482.141(2).
 1491         Section 34. Subsection (1) of section 482.141, Florida
 1492  Statutes, is amended to read:
 1493         482.141 Examinations.—
 1494         (1) Each individual seeking certification must
 1495  satisfactorily pass an examination which must be written but
 1496  which may include practical demonstration. The department shall
 1497  provide in-person and remote testing through a third-party
 1498  vendor. A third-party vendor may collect and retain a
 1499  convenience fee hold at least two examinations each year. An
 1500  applicant may seek certification in one or more categories.
 1501         Section 35. Paragraph (b) of subsection (1) of section
 1502  482.155, Florida Statutes, is amended to read:
 1503         482.155 Limited certification for governmental pesticide
 1504  applicators or private applicators.—
 1505         (1)
 1506         (b) A person seeking limited certification under this
 1507  subsection must pass an examination that the department shall
 1508  provide in person and remotely through a third-party vendor. The
 1509  third-party vendor may collect and retain a convenience fee
 1510  given or approved by the department. Each application for
 1511  examination must be accompanied by an examination fee set by the
 1512  department, in an amount of not more than $150 or less than $50;
 1513  and a recertification fee of $25 every 4 years. Until rules
 1514  setting these fees are adopted by the department, the
 1515  examination fee is $50. Application for recertification must be
 1516  accompanied by proof of having completed 4 classroom hours of
 1517  acceptable continuing education. The limited certificate expires
 1518  4 years after the date of issuance. If the certificateholder
 1519  fails to renew his or her certificate and provide proof of
 1520  completion of the required continuing education units within 60
 1521  days after the expiration date, the certificateholder may be
 1522  recertified only after reexamination. The department shall make
 1523  available provide the appropriate reference material and make
 1524  the examination readily accessible and available to all
 1525  applicants at least quarterly or as necessary in each county.
 1526         Section 36. Subsection (2) of section 482.156, Florida
 1527  Statutes, is amended to read:
 1528         482.156 Limited certification for commercial landscape
 1529  maintenance personnel.—
 1530         (2)(a) A person seeking limited certification under this
 1531  section must pass an examination that the department shall
 1532  provide in person and remotely through a third-party vendor. The
 1533  third-party vendor may collect and retain a convenience fee
 1534  given by the department. Each application for examination must
 1535  be accompanied by an examination fee set by rule of the
 1536  department, in an amount of not more than $150 or less than $50.
 1537  Before the department issues a limited certification under this
 1538  section, each person applying for the certification must furnish
 1539  proof of having a certificate of insurance which states that the
 1540  employer meets the requirements for minimum financial
 1541  responsibility for bodily injury and property damage required by
 1542  s. 482.071(4).
 1543         (b) The department shall make available provide the
 1544  appropriate reference materials for the examination and provide
 1545  in-person and remote testing through a third-party vendor. A
 1546  third-party vendor may collect and retain a convenience fee make
 1547  the examination readily accessible and available to applicants
 1548  at least quarterly or as necessary in each county.
 1549         Section 37. Subsection (2) of section 482.157, Florida
 1550  Statutes, is amended to read:
 1551         482.157 Limited certification for commercial wildlife
 1552  management personnel.—
 1553         (2) The department shall issue a limited certificate to an
 1554  applicant who:
 1555         (a) Submits an application and examination fee of at least
 1556  $150, but not more than $300, as prescribed by the department by
 1557  rule;
 1558         (b) Passes an examination that the department shall provide
 1559  in person and remotely through a third-party vendor. The third
 1560  party vendor may collect and retain a convenience fee
 1561  administered by the department. The department shall make
 1562  available provide the appropriate study materials for the
 1563  examination and make the examination readily available to
 1564  applicants in each county as necessary, but not less frequently
 1565  than quarterly; and
 1566         (c) Provides proof, including a certificate of insurance,
 1567  that the applicant has met the minimum bodily injury and
 1568  property damage insurance requirements in s. 482.071(4).
 1569         Section 38. Paragraph (m) is added to subsection (1) of
 1570  section 482.161, Florida Statutes, to read:
 1571         482.161 Disciplinary grounds and actions; reinstatement.—
 1572         (1) The department may issue a written warning to or impose
 1573  a fine against, or deny the application for licensure or
 1574  licensure renewal of, a licensee, certified operator, limited
 1575  certificateholder, identification cardholder, or special
 1576  identification cardholder or any other person, or may suspend,
 1577  revoke, or deny the issuance or renewal of any license,
 1578  certificate, limited certificate, identification card, or
 1579  special identification card that is within the scope of this
 1580  chapter, in accordance with chapter 120, upon any of the
 1581  following grounds:
 1582         (m) Upon the issuance of a final order imposing civil
 1583  penalties under subsection 14(a) of the Federal Insecticide,
 1584  Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction
 1585  under subsection 14(b), of FIFRA.
 1586         Section 39. Subsection (2) of section 487.044, Florida
 1587  Statutes, is amended to read:
 1588         487.044 Certification; examination.—
 1589         (2) The department shall require each applicant for a
 1590  certified applicator’s license to demonstrate competence by a
 1591  written or oral examination in which the applicant must
 1592  demonstrate adequate knowledge concerning the proper use and
 1593  application of restricted-use pesticides in each classification
 1594  for which application for license is made. The department shall
 1595  provide in-person and remote testing through a third-party
 1596  vendor. A third-party vendor may collect and retain a
 1597  convenience fee. The examination may be prepared, administered,
 1598  and evaluated by the department. Each applicant for a certified
 1599  applicator’s license must shall demonstrate minimum competence
 1600  as to:
 1601         (a) The proper use of the equipment.
 1602         (b) The environmental hazards that may be involved in
 1603  applying restricted-use pesticides.
 1604         (c) Calculating the concentration of restricted-use
 1605  pesticides to be used in particular circumstances.
 1606         (d) Identification of common pests to be controlled and the
 1607  damages caused by such pests.
 1608         (e) Protective clothing and respiratory equipment required
 1609  during the handling and application of restricted-use
 1610  pesticides.
 1611         (f) General precautions to be followed in the disposal of
 1612  containers, as well as the cleaning and decontamination of the
 1613  equipment which the applicant proposes to use.
 1614         (g) Applicable state and federal pesticide laws, rules, and
 1615  regulations.
 1616         (h) General safety precautions.
 1617         Section 40. Subsection (6) is added to section 487.175,
 1618  Florida Statutes, to read:
 1619         487.175 Penalties; administrative fine; injunction.—
 1620         (6)Licensure may be suspended, revoked, or denied by the
 1621  department, upon the issuance of a final order to a licensee
 1622  imposing civil penalties under subsection 14(a) of the Federal
 1623  Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a
 1624  criminal conviction under subsection 14(b) of FIFRA.
 1625         Section 41. Present subsections (13) through (28) of
 1626  section 496.404, Florida Statutes, are redesignated as
 1627  subsections (15) through (30), respectively, and new subsections
 1628  (13) and (14) are added to that section, to read:
 1629         496.404 Definitions.—As used in ss. 496.401-496.424, the
 1630  term:
 1631         (13) “Foreign country of concern” means the People’s
 1632  Republic of China, the Russian Federation, the Islamic Republic
 1633  of Iran, the Venezuelan regime of Nicolás Maduro, or the Syrian
 1634  Arab Republic, including any agency of or any other entity under
 1635  significant control of such foreign country of concern.
 1636         (14)“Foreign source of concern” means any of the
 1637  following:
 1638         (a)The government or any official of the government of a
 1639  foreign country of concern;
 1640         (b)A political party or member of a political party or any
 1641  subdivision of a political party in a foreign country of
 1642  concern;
 1643         (c)A partnership, an association, a corporation, an
 1644  organization, or other combination of persons organized under
 1645  the laws of or having its principal place of business in a
 1646  foreign country of concern, or a subsidiary of such entity;
 1647         (d)Any person who is domiciled in a foreign country of
 1648  concern and is not a citizen or lawful permanent citizen of the
 1649  United States;
 1650         (e)An agent, including a subsidiary or an affiliate of a
 1651  foreign legal entity, acting on behalf of a foreign source of
 1652  concern; or
 1653         (f)An entity in which a person, entity, or collection of
 1654  persons or entities described in paragraphs (a)–(e) has a
 1655  controlling interest. As used in this paragraph, the term
 1656  “controlling interest” means the possession of the power to
 1657  direct or cause the direction of the management or policies of
 1658  an entity, whether through ownership of securities, by contract,
 1659  or otherwise. A person or an entity that directly or indirectly
 1660  has the right to vote 25 percent or more of the voting interest
 1661  of the company or is entitled to 25 percent or more of its
 1662  profits is presumed to possess a controlling interest.
 1663         Section 42. Present paragraphs (d) through (g) of
 1664  subsection (2) of section 496.405, Florida Statutes, are
 1665  redesignated as paragraphs (f) through (i), respectively, new
 1666  paragraphs (d) and (e) are added to that subsection, subsection
 1667  (11) is added to that section, and subsection (1) and paragraph
 1668  (b) of subsection (7) of that section are amended, to read:
 1669         496.405 Registration statements by charitable organizations
 1670  and sponsors.—
 1671         (1) A charitable organization or sponsor, unless exempted
 1672  pursuant to s. 496.406, which intends to solicit contributions
 1673  in or from this state by any means or have funds solicited on
 1674  its behalf by any other person, charitable organization,
 1675  sponsor, commercial co-venturer, or professional solicitor, or
 1676  that participates in a charitable sales promotion or sponsor
 1677  sales promotion, must, before engaging in any of these
 1678  activities, file an initial registration statement, which
 1679  includes an attestation statement, and a renewal statement
 1680  annually thereafter, with the department.
 1681         (a) Except as provided in paragraph (b), any changes in the
 1682  information submitted on the initial registration statement or
 1683  the last renewal statement must be updated annually on a renewal
 1684  statement provided by the department on or before the date that
 1685  marks 1 year after the date the department approved the initial
 1686  registration statement as provided in this section. The
 1687  department shall annually provide a renewal statement to each
 1688  registrant by mail or by electronic mail at least 30 days before
 1689  the renewal date.
 1690         (b) Any changes to the information submitted to the
 1691  department pursuant to paragraph (2)(f) (2)(d) on the initial
 1692  registration statement, which includes an attestation statement,
 1693  or the last renewal statement must be reported to the department
 1694  on a form prescribed by the department within 10 days after the
 1695  change occurs.
 1696         (c) A charitable organization or sponsor that is required
 1697  to file an initial registration statement or annual renewal
 1698  statement may not, before approval of its statement by the
 1699  department in accordance with subsection (7), solicit
 1700  contributions or have contributions solicited on its behalf by
 1701  any other person, charitable organization, sponsor, commercial
 1702  co-venturer, or professional solicitor or participate in a
 1703  charitable sales promotion or sponsor sales promotion.
 1704         (d) The registration of a charitable organization or
 1705  sponsor may not continue in effect and shall expire without
 1706  further action of the department under either of the following
 1707  circumstances:
 1708         1. After the date the charitable organization or sponsor
 1709  should have filed, but failed to file, its renewal statement in
 1710  accordance with this section.
 1711         2. For failure to provide a financial statement within any
 1712  extension period provided under s. 496.407.
 1713         (2) The initial registration statement must be submitted on
 1714  a form prescribed by the department, signed by an authorized
 1715  official of the charitable organization or sponsor who shall
 1716  certify that the registration statement is true and correct, and
 1717  include the following information or material:
 1718         (d)An attestation statement, which must be submitted on a
 1719  form prescribed by the department and signed by an authorized
 1720  official of the charitable organization, who shall certify and
 1721  attest that the charitable organization, if engaged in
 1722  activities that would require registration pursuant to chapter
 1723  106 is registered with the Department of State, pursuant to
 1724  chapter 106.
 1725         (e)An attestation statement on a form prescribed by the
 1726  department, signed by an authorized official of the charitable
 1727  organization, who shall certify and attest that the charitable
 1728  organization, if prohibited by applicable federal or state law,
 1729  is not engaged in activities that would require registration
 1730  with the Department of State pursuant to chapter 106.
 1731         (7)
 1732         (b) If a charitable organization or sponsor discloses
 1733  information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7.
 1734  in the initial registration statement or annual renewal
 1735  statement, the time limits set forth in paragraph (a) are
 1736  waived, and the department shall process such initial
 1737  registration statement or annual renewal statement in accordance
 1738  with the time limits set forth in chapter 120. The registration
 1739  of a charitable organization or sponsor shall be automatically
 1740  suspended for failure to disclose any information specified in
 1741  subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the
 1742  required information is submitted to the department.
 1743         (11)The department may investigate and refer a charitable
 1744  organization or sponsor to the Florida Elections Commission for
 1745  investigation of violations pursuant to chapters 104 and 106.
 1746         Section 43. Subsection (20) is added to section 496.415,
 1747  Florida Statutes, to read:
 1748         496.415 Prohibited acts.—It is unlawful for any person in
 1749  connection with the planning, conduct, or execution of any
 1750  solicitation or charitable or sponsor sales promotion to:
 1751         (20) Solicit or accept contributions or anything of value
 1752  from a foreign source of concern.
 1753         Section 44. Section 496.417, Florida Statutes, is amended
 1754  to read:
 1755         496.417 Criminal penalties.—Except as otherwise provided in
 1756  ss. 496.401-496.424, and in addition to any administrative or
 1757  civil penalties, any person who willfully and knowingly violates
 1758  ss. 496.401-496.424 commits a felony of the third degree,
 1759  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1760  For a second or subsequent conviction, such violation
 1761  constitutes a felony of the second degree, punishable as
 1762  provided in s. 775.082, s. 775.083, or s. 775.084. The
 1763  department may also investigate and refer a charitable
 1764  organization or sponsor to the Florida Elections Commission for
 1765  investigation of violations pursuant to chapters 104 and 106.
 1766         Section 45. Subsection (11) is added to section 496.419,
 1767  Florida Statutes, to read:
 1768         496.419 Powers of the department.—
 1769         (11)A charitable organization or sponsor whose
 1770  registration is denied or revoked for submitting a false
 1771  attestation required pursuant to s. 496.405(2)(d) or (2)(e) is
 1772  subject to the penalties specified in subsection (5) at the
 1773  discretion of the department.
 1774         Section 46. Section 496.431, Florida Statutes, is created
 1775  to read:
 1776         496.431 Honest Service Registry.—
 1777         (1)The department shall create the Honest Services
 1778  Registry to provide the residents of this state with the
 1779  information necessary to make an informed choice when deciding
 1780  which charitable organizations to support.
 1781         (2)To be included on the Honest Services Registry, a
 1782  charitable organization must, at a minimum, submit to the
 1783  department an attestation statement on a form prescribed by the
 1784  department, verified as provided in s. 92.525, attesting to all
 1785  of the following:
 1786         (a)That the organization does not solicit or accept,
 1787  directly or indirectly, contributions, funding, support, or
 1788  services from a foreign source of concern.
 1789         (b)That the organization’s messaging and content are not
 1790  directly or indirectly produced or influenced by a foreign
 1791  source of concern.
 1792         (3)The department shall publish the Honest Services
 1793  Registry on the department’s website.
 1794         (4)The department shall adopt rules to implement this
 1795  section.
 1796         Section 47. Paragraph (j) of subsection (1) of section
 1797  500.03, Florida Statutes, is amended to read:
 1798         500.03 Definitions; construction; applicability.—
 1799         (1) For the purpose of this chapter, the term:
 1800         (j) “Cottage food product” means food that is not time or
 1801  temperature controlled for safety or a potentially hazardous
 1802  food as defined by department rule which is sold by a cottage
 1803  food operation in accordance with s. 500.80.
 1804         Section 48. Paragraphs (a) and (b) of subsection (1) of
 1805  section 500.12, Florida Statutes, are amended to read:
 1806         500.12 Food permits; building permits.—
 1807         (1)(a) A food permit from the department is required of any
 1808  person or business that who operates a food establishment,
 1809  except:
 1810         1. Persons or businesses operating minor food outlets that
 1811  sell food that is commercially prepackaged, not potentially
 1812  hazardous, not age restricted, and not time or temperature
 1813  controlled for safety, if the shelf space for those items does
 1814  not exceed 12 total linear feet and no other food is sold by the
 1815  person or business minor food outlet.
 1816         2. Persons subject to continuous, onsite federal or state
 1817  inspection.
 1818         3. Persons selling only legumes in the shell, either
 1819  parched, roasted, or boiled.
 1820         4. Persons selling sugar cane or sorghum syrup that has
 1821  been boiled and bottled on a premise located within this state.
 1822  Such bottles must contain a label listing the producer’s name
 1823  and street address, all added ingredients, the net weight or
 1824  volume of the product, and a statement that reads, “This product
 1825  has not been produced in a facility permitted by the Florida
 1826  Department of Agriculture and Consumer Services.”
 1827         (b) Each food establishment regulated under this chapter
 1828  must apply for and receive a food permit before operation
 1829  begins. An application for a food permit from the department
 1830  must be accompanied by a fee in an amount determined by
 1831  department rule. The department shall adopt by rule a schedule
 1832  of fees to be paid by each food establishment as a condition of
 1833  issuance or renewal of a food permit. Such fees may not exceed
 1834  $650 and must be used solely for the recovery of costs for the
 1835  services provided, except that the fee accompanying an
 1836  application for a food permit for operating a bottled water
 1837  plant may not exceed $1,000 and the fee accompanying an
 1838  application for a food permit for operating a packaged ice plant
 1839  may not exceed $250. The fee for operating a bottled water plant
 1840  or a packaged ice plant must be set by rule of the department.
 1841  Food permits are not transferable from one person or physical
 1842  location to another. Food permits must be renewed in accordance
 1843  with subparagraphs 1.-3. If an application for renewal of a food
 1844  permit is not received by the department on or before its due
 1845  date, a late fee not exceeding $100 must be paid in addition to
 1846  the food permit fee before the department may issue the food
 1847  permit. The moneys collected must be deposited in the General
 1848  Inspection Trust Fund.
 1849         1. A food permit issued to a new food establishment on or
 1850  after September 1, 2023, is valid for 1 calendar year after the
 1851  date of issuance and must be renewed annually on or before that
 1852  date thereafter.
 1853         2. Effective January 1, 2024, A food permit issued before
 1854  September 1, 2023, expires on the month and day the initial
 1855  permit was issued to the food establishment and must be renewed
 1856  annually on or before that date thereafter. The department may
 1857  charge a prorated permit fee for purposes of this subparagraph.
 1858         3. The department may establish a single permit renewal
 1859  date for multiple food establishments owned by the same entity
 1860  The owner of 100 or more permitted food establishment locations
 1861  may elect to set the expiration of food permits for such
 1862  establishments as December 31 of each calendar year.
 1863         Section 49. Section 500.166, Florida Statutes, is amended
 1864  to read:
 1865         500.166 Records of interstate shipment.—For the purpose of
 1866  enforcing this chapter, carriers engaged in interstate commerce
 1867  and persons receiving food in interstate commerce shall retain
 1868  all records for 3 years from the date of the record showing the
 1869  movement in interstate commerce of any food, and the quantity,
 1870  shipper and consignee thereof and, upon the request by an
 1871  officer or employee duly designated by the department, permit
 1872  the officer or employee to have access to and to copy all
 1873  records showing the movement in interstate commerce of any food,
 1874  and the quantity, shipper, and consignee thereof.
 1875         Section 50. Subsection (1) of section 500.172, Florida
 1876  Statutes, is amended to read:
 1877         500.172 Embargoing, detaining, destroying of food, food
 1878  processing equipment, or areas that are in violation.—
 1879         (1) When the department, or its duly authorized agent who
 1880  has received appropriate education and training regarding the
 1881  legal requirements of this chapter, finds or has probable cause
 1882  to believe that any food, food processing equipment, food
 1883  processing area, or food storage area is in violation of this
 1884  chapter or any rule adopted under this chapter so as to be
 1885  dangerous, unwholesome, mislabeled, fraudulent, or insanitary
 1886  within the meaning of this chapter, an agent of the department
 1887  may issue and enforce a stop-sale, stop-use, removal, or hold
 1888  order, which order gives notice that such article, processing
 1889  equipment, processing area, or storage area is or is suspected
 1890  of being in violation and has been detained or embargoed and
 1891  which order warns all persons not to remove, use, or dispose of
 1892  such article, processing equipment, processing area, or storage
 1893  area by sale or otherwise until permission for removal, use, or
 1894  disposal is given by the department or the court. The department
 1895  is authorized to enter into a written agreement with the owner
 1896  of such food, food processing equipment, food processing area,
 1897  or food storage area, or otherwise facilitate the destruction of
 1898  any article found or suspected by the department to be in
 1899  violation of this section. A person may not remove, use, or
 1900  dispose of such detained or embargoed article, processing
 1901  equipment, processing area, or storage area by sale or otherwise
 1902  without such permission from or in accordance with a written
 1903  agreement with the department.
 1904         Section 51. Section 500.75, Florida Statutes, is created to
 1905  read:
 1906         500.75 Mushrooms spores and mycelium; offenses.—It is
 1907  unlawful to transport, import, sell, offer for sale, furnish, or
 1908  give away spores or mycelium capable of producing mushrooms or
 1909  other material which will contain a controlled substance,
 1910  including psilocybin or psilocyn, during its lifecycle. A person
 1911  who transports, imports into this state, sells, offers for sale,
 1912  furnishes, gives away, or offers to transport, import into this
 1913  state, sell, furnish, or give away any spores or mycelium
 1914  capable of producing mushrooms or other material which will
 1915  contain a controlled substance commits a misdemeanor of the
 1916  first degree, punishable as provided in s. 775.082 or s.
 1917  775.083.
 1918         Section 52. Section 500.93, Florida Statutes, is created to
 1919  read:
 1920         500.93 Mislabeling of plant-based products as milk, meat,
 1921  or poultry.
 1922         (1)As used in this section, the term:
 1923         (a)“Egg” and “egg product” have the same meanings as in 21
 1924  U.S.C. s. 1033 and the Egg Products Inspection Act.
 1925         (b)“FDA” means the United States Food and Drug
 1926  Administration.
 1927         (c)“Meat” has the same meaning as in 9 C.F.R. s. 301.2 and
 1928  the Federal Meat Inspection Act.
 1929         (d)“Milk” has the same meaning as in 21 C.F.R. s. 131.110
 1930  and the Grade “A” pasteurized milk ordinance.
 1931         (e)“Poultry” and “poultry product” have the same meanings
 1932  as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act.
 1933         (2)(a)In accordance with the established standard of
 1934  identity for milk defined in 21 C.F.R. s. 131.110 and the Grade
 1935  “A” pasteurized milk ordinance, the department shall adopt rules
 1936  to enforce the FDA’s standard of identity for milk, as adopted
 1937  in state law, to prohibit the sale of plant-based products
 1938  mislabeled as milk in this state.
 1939         (b)This subsection is effective upon the enactment into
 1940  law of a mandatory labeling requirement to prohibit the sale of
 1941  plant-based products mislabeled as milk that is consistent with
 1942  this section by any 11 of the group of 14 states composed of
 1943  Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
 1944  Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
 1945  Texas, Virginia, and West Virginia.
 1946         (3)(a)In accordance with the established standard of
 1947  identity for meat defined in 9 C.F.R. s. 301.2 and the Federal
 1948  Meat Inspection Act, and both poultry and poultry products
 1949  defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection
 1950  Act, the department shall adopt rules to enforce the FDA’s
 1951  standard of identity for meat, poultry, and poultry products as
 1952  adopted in this section, to prohibit the sale of plant-based
 1953  products mislabeled as meat, poultry, or poultry products in
 1954  this state.
 1955         (b)This subsection is effective upon the enactment into
 1956  law of a mandatory labeling requirement to prohibit the sale of
 1957  plant-based products mislabeled as meat, poultry, or poultry
 1958  products which is consistent with this section by any 11 of the
 1959  group of 14 states composed of Alabama, Arkansas, Florida,
 1960  Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma,
 1961  South Carolina, Tennessee, Texas, Virginia, and West Virginia.
 1962         (4)(a)In accordance with the established standard of
 1963  identity for eggs and egg products defined in 21 U.S.C. s. 1033
 1964  and the Egg Products Inspection Act, the department shall adopt
 1965  rules to enforce the FDA’s standard of identity for eggs and egg
 1966  products, as adopted in state law, to prohibit the sale of
 1967  plant-based products mislabeled as egg or egg products in this
 1968  state.
 1969         (b)This subsection is effective upon the enactment into
 1970  law of a mandatory labeling requirement to prohibit the sale of
 1971  plant-based products mislabeled as egg or egg products that is
 1972  consistent with this section by any 11 of the group of 14 states
 1973  composed of Alabama, Arkansas, Florida, Georgia, Kentucky,
 1974  Louisiana, Maryland, Mississippi, Oklahoma, South Carolina,
 1975  Tennessee, Texas, Virginia, and West Virginia.
 1976         (5)The Department of Agriculture and Consumer Services
 1977  shall notify the Division of Law Revision upon the enactment
 1978  into law by any 11 of the group of 14 states composed of
 1979  Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
 1980  Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
 1981  Texas, Virginia, and West Virginia of the mandatory labeling
 1982  requirements pursuant to subsections (2) and (3).
 1983         (6)The department shall adopt rules to implement this
 1984  section.
 1985         (7)This section may not be construed to limit the
 1986  department’s authority to enforce its laws and regulations.
 1987         Section 53. Section 501.135, Florida Statutes, is repealed.
 1988         Section 54. Subsection (1) of section 501.912, Florida
 1989  Statutes, is amended to read:
 1990         501.912 Definitions.—As used in ss. 501.91-501.923:
 1991         (1) “Antifreeze” means any substance or preparation,
 1992  including, but not limited to, coolant, antifreeze-coolant,
 1993  antifreeze and summer coolant, or summer coolant, that is sold,
 1994  distributed, or intended for use:
 1995         (a) As the cooling liquid, or to be added to the cooling
 1996  liquid, in the cooling system of internal combustion engines of
 1997  motor vehicles to prevent freezing of the cooling liquid or to
 1998  lower its freezing point; or
 1999         (b) To raise the boiling point of water, aid in vehicle
 2000  component cooling, or for the prevention of engine overheating,
 2001  whether or not the liquid is used as a year-round cooling system
 2002  fluid.
 2003         Section 55. Section 525.19, Florida Statutes, is created to
 2004  read:
 2005         525.19 Petroleum registration.
 2006         (1)The department shall create an annual petroleum
 2007  registration program for petroleum owners or operators and shall
 2008  adopt rules detailing the requirements for such registration
 2009  that include, at minimum:
 2010         (a)Name of the petroleum owner or operator;
 2011         (b)Address of the petroleum owner or operator;
 2012         (c)Phone number of the petroleum owner or operator;
 2013         (d)E-mail address of the petroleum owner or operator;
 2014         (e)Requirements for the transfer switch;
 2015         (f)Fuel and petroleum infrastructure; and
 2016         (g)Fuel and petroleum inventory and delivery information.
 2017         (2)The registration program must be free for all
 2018  registrants.
 2019         (3)The department has the authority to require registrants
 2020  to provide updates related to the status of infrastructure,
 2021  inventory, and delivery information during a state of emergency
 2022  as declared by an executive order issued by the Governor.
 2023         Section 56. Section 526.147, Florida Statutes, is created
 2024  to read:
 2025         526.147 Florida Retail Fuel Transfer Switch Modernization
 2026  Grant Program.—
 2027         (1)(a)There is created, subject to appropriation, the
 2028  Florida Retail Fuel Transfer Switch Modernization Grant Program
 2029  within the Department of Agriculture and Consumer Services.
 2030         (b)The grant program shall provide grant funds, not to
 2031  exceed $10,000 per retail fuel facility, to be used for
 2032  installation and equipment costs related to installing or
 2033  modernizing transfer switch infrastructure at retail fuel
 2034  facilities to allow for the continuity of fueling operations
 2035  under generated power.
 2036         (c)The department shall award funds based upon the
 2037  following criteria:
 2038         1.Up to $10,000, of costs for transfer switch purchase and
 2039  installation for retail fuel locations in fiscally constrained
 2040  counties as designated under s. 218.67(1).
 2041         2.Up to $5,000, of costs for transfer switch purchase and
 2042  installation for all other retail fuel locations.
 2043         (d)Retail fuel facilities which are awarded grant funds
 2044  must comply with s. 526.143 and must install a transfer switch
 2045  capable of operating all fuel pumps, dispensing equipment, life
 2046  safety systems, and payment acceptance equipment using an
 2047  alternative generated power source.
 2048         (e)Before being awarded funding from the department,
 2049  retail fuel facilities must provide documentation on transfer
 2050  switch installation and required generator sizing to the
 2051  department.
 2052         (f)Marinas and fueling facilities with fewer than 4
 2053  fueling positions are excluded from being awarded funding
 2054  through this program.
 2055         (g)Fueling facilities subject to s. 526.143(2) are
 2056  excluded from being awarded funding through this program.
 2057         (2)The department, in consultation with the Division of
 2058  Emergency Management, shall adopt rules to implement and
 2059  administer this section, including establishing grant
 2060  application processes for the Florida Retail Fuel Transfer
 2061  Switch Modernization Grant Program. The rules must include
 2062  application deadlines and establish the supporting documentation
 2063  necessary to be provided to the department.
 2064         Section 57. Section 531.48, Florida Statutes, is amended to
 2065  read:
 2066         531.48 Declarations of unit price on random packages.—In
 2067  addition to the declarations required by s. 531.47, any package
 2068  being one of a lot containing random weights of the same
 2069  commodity must and bearing the total selling price of the
 2070  package shall bear on the outside of the package a plain and
 2071  conspicuous declaration of the price per single unit of weight
 2072  and the total retail price of the package, as defined by
 2073  department rule.
 2074         Section 58. Section 531.49, Florida Statutes, is amended to
 2075  read:
 2076         531.49 Advertising packages for sale.—Whenever A packaged
 2077  commodity is advertised in any manner with the retail price
 2078  stated, there shall be closely and conspicuously associated with
 2079  the retail price must have a declaration of quantity as is
 2080  required by law or rule to appear on the package.
 2081         Section 59. Present subsections (44), (45), and (46) of
 2082  section 570.07, Florida Statutes, are redesignated as
 2083  subsections (47), (48), and (49), respectively, and new
 2084  subsections (44), (45), and (46) are added to that section, to
 2085  read:
 2086         570.07 Department of Agriculture and Consumer Services;
 2087  functions, powers, and duties.—The department shall have and
 2088  exercise the following functions, powers, and duties:
 2089         (44)(a)To foster and encourage the employment and
 2090  retention of qualified veterinary pathologists. The department
 2091  may reimburse the educational expenses of qualified veterinary
 2092  pathologists who enter into an agreement with the department to
 2093  retain employment for a specified period of time.
 2094         (b)The department shall adopt rules to administer this
 2095  subsection.
 2096         (45)Subject to appropriation, to extend state and national
 2097  Future Farmers of America opportunities to any public school
 2098  student enrolled in agricultural education, at little or no cost
 2099  to the student or school district, and to support statewide
 2100  Future Farmers of America programming that helps such students
 2101  develop their potential for premier leadership, personal growth,
 2102  and career success.
 2103         (46)(a)Notwithstanding ss. 287.042 and 287.057, to use
 2104  contracts procured by another agency.
 2105         (b)As used in this subsection, the term “agency” has the
 2106  same meaning as provided in s. 287.012.
 2107         Section 60. Subsection (2) of section 570.544, Florida
 2108  Statutes, is amended to read:
 2109         570.544 Division of Consumer Services; director; powers;
 2110  processing of complaints; records.—
 2111         (2) The director shall supervise, direct, and coordinate
 2112  the activities of the division and shall, under the direction of
 2113  the department, enforce the provisions of ss. 366.94 and ss.
 2114  604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526,
 2115  527, 531, 534, 535, 539, 559, 616, 692, 817, and 849.
 2116         Section 61. Section 570.546, Florida Statutes, is created
 2117  to read:
 2118         570.546 Licensing.—
 2119         (1)The department is authorized to:
 2120         (a) Create a process for the bulk renewal of licenses which
 2121  will allow licensees the ability, upon request, to submit all
 2122  license applications of the same type, notwithstanding any
 2123  provisions of law applicable to each application process.
 2124         (b)Create a process that will allow licensees, upon
 2125  request, to align the expiration dates of licenses within a
 2126  statutory program.
 2127         (c)Change the expiration dates for current licensees for
 2128  the purpose of reducing large numbers of license expirations
 2129  that occur during the same month.
 2130         (2)The department shall prorate any licensing fee for
 2131  which the term of the license was reduced for the purposes of
 2132  alignment.
 2133         (3)The department shall adopt rules to implement this
 2134  section.
 2135         Section 62. Section 570.694, Florida Statutes, is created
 2136  to read:
 2137         570.694Florida Aquaculture Foundation.—
 2138         (1)The Florida Aquaculture Foundation is established as a
 2139  direct-support organization within the Department of Agriculture
 2140  and Consumer Services. The purpose of the foundation is to:
 2141         (a)Conduct programs and activities related to the
 2142  assistance, promotion, and furtherance of aquaculture and
 2143  aquaculture producers in this state.
 2144         (b)Identify and pursue methods to provide statewide
 2145  resources and materials for these programs.
 2146         (2)The foundation shall be governed by s. 570.691.
 2147         (3)The department is authorized to appoint an advisory
 2148  committee adjunct to the foundation pursuant to s. 570.232.
 2149         Section 63. Section 570.822, Florida Statutes, is amended
 2150  to read:
 2151         570.822 Agriculture and Aquaculture Producers Emergency
 2152  Natural Disaster Recovery Loan Program.—
 2153         (1) DEFINITIONS.—As used in this section, the term:
 2154         (a) “Bona fide farm operation” means a farm operation
 2155  engaged in a good faith commercial agricultural use of land on
 2156  land classified as agricultural pursuant to s. 193.461 or on
 2157  sovereign submerged land that is leased to the applicant by the
 2158  department pursuant to s. 597.010 and that produces agricultural
 2159  products within the definition of agriculture under s. 570.02.
 2160         (b) “Declared emergency natural disaster” means an
 2161  emergency a natural disaster for which a state of emergency is
 2162  declared pursuant to s. 252.36 or s. 570.07(21).
 2163         (c) “Department” means the Department of Agriculture and
 2164  Consumer Services.
 2165         (d) “Essential physical property” means fences; equipment;
 2166  structural production facilities, such as shade houses and
 2167  greenhouses; or other agriculture or aquaculture facilities or
 2168  infrastructure.
 2169         (e) “Program” means the Agriculture and Aquaculture
 2170  Producers Emergency Natural Disaster Recovery Loan Program.
 2171         (2) USE OF LOAN FUNDS; LOAN TERMS.—
 2172         (a) The program is established within the department to
 2173  make loans to agriculture and aquaculture producers that have
 2174  experienced damage or destruction from a declared emergency
 2175  natural disaster. Loan funds may be used to restore, repair, or
 2176  replace essential physical property or remove vegetative debris
 2177  from essential physical property, or restock aquaculture. A
 2178  structure or building constructed using loan proceeds must
 2179  comply with storm-hardening standards for nonresidential farm
 2180  buildings as defined in s. 604.50(2). The department shall adopt
 2181  such standards by rule.
 2182         (b) The department may make a low-interest or interest-free
 2183  loan to an eligible applicant. The maximum amount that an
 2184  applicant may receive during the application period for a loan
 2185  is $500,000. An applicant may not receive more than one loan per
 2186  application period and no more than two loans per year or no
 2187  more than five loans in any 3-year period. A loan term is 10
 2188  years.
 2189         (3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
 2190  applicant must:
 2191         (a) Own or lease a bona fide farm operation that is located
 2192  in a county named in a declared emergency natural disaster and
 2193  that was damaged or destroyed as a result of such declared
 2194  emergency natural disaster.
 2195         (b) Maintain complete and acceptable farm records, pursuant
 2196  to criteria published by the department, and present them as
 2197  proof of production levels and bona fide farm operations.
 2198         (4) LOAN APPLICATION AND AGREEMENT.—
 2199         (a) Requests for loans must be made by application to the
 2200  department. Upon a determination that funding for loans is
 2201  available, the department shall publicly notice an application
 2202  period for the declared emergency natural disaster, beginning
 2203  within 60 days after the date of the declared emergency natural
 2204  disaster and running up to 1 year after the date of the declared
 2205  emergency natural disaster or until all available loan funds are
 2206  exhausted, whichever occurs first. The application may be
 2207  renewed upon a determination from the department and pursuant to
 2208  an active declared emergency.
 2209         (b) An applicant must demonstrate the need for financial
 2210  assistance and an ability to repay or meet a standard credit
 2211  rating determined by the department.
 2212         (c) Loans must be made pursuant to written agreements
 2213  specifying the terms and conditions agreed to by the approved
 2214  applicant and the department. The loan agreement must specify
 2215  that the loan is due upon sale if the property or other
 2216  collateral for the loan is sold.
 2217         (d) An approved applicant must agree to stay in production
 2218  for the duration of the loan. A loan is not assumable.
 2219         (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
 2220  by a lien, subordinate only to any mortgage held by a financial
 2221  institution as defined in s. 655.005, on property or other
 2222  collateral as set forth in the loan agreement. The specific type
 2223  of collateral required may vary depending upon the loan purpose,
 2224  repayment ability, and the particular circumstances of the
 2225  applicant. The department shall record the lien in public
 2226  records in the county where the property is located and, in the
 2227  case of personal property, perfect the security interest by
 2228  filing appropriate Uniform Commercial Code forms with the
 2229  Florida Secured Transaction Registry as required pursuant to
 2230  chapter 679.
 2231         (6) LOAN REPAYMENT.—
 2232         (a) A loan is due and payable in accordance with the terms
 2233  of the loan agreement.
 2234         (b) The department shall defer payments for the first 3
 2235  years of the loan. After 3 years, the department shall reduce
 2236  the principal balance annually through the end of the loan term
 2237  such that the original principal balance is reduced by 30
 2238  percent. If the principal balance is repaid before the end of
 2239  the 10th year, the applicant may not be required to pay more
 2240  than 70 percent of the original principal balance. The approved
 2241  applicant must continue to be actively engaged in production in
 2242  order to receive the original principal balance reductions and
 2243  must continue to meet the loan agreement terms to the
 2244  satisfaction of the department.
 2245         (c) An approved applicant may make payments on the loan at
 2246  any time without penalty. Early repayment is encouraged as other
 2247  funding sources or revenues become available to the approved
 2248  applicant.
 2249         (d) All repayments of principal and interest, if
 2250  applicable, received by the department in a fiscal year must be
 2251  returned to the loan fund and made available for loans to other
 2252  applicants in the next application period.
 2253         (e) The department may periodically review an approved
 2254  applicant to determine whether he or she continues to be in
 2255  compliance with the terms of the loan agreement. If the
 2256  department finds that an applicant is no longer in production or
 2257  has otherwise violated the loan agreement, the department may
 2258  seek repayment of the full original principal balance
 2259  outstanding, including any interest or costs, as applicable, and
 2260  excluding any applied or anticipated original principal balance
 2261  reductions.
 2262         (f)The department may defer or waive loan payments if at
 2263  any time during the repayment period of a loan, the approved
 2264  applicant experiences a significant hardship such as crop loss
 2265  from a weather-related event or from impacts from a natural
 2266  disaster or declared emergency.
 2267         (7) ADMINISTRATION.—
 2268         (a) The department shall create and maintain a separate
 2269  account in the General Inspection Trust Fund as a fund for the
 2270  program. All repayments must be returned to the loan fund and
 2271  made available as provided in this section. Notwithstanding s.
 2272  216.301, funds appropriated for the loan program are not subject
 2273  to reversion. The department shall manage the fund, establishing
 2274  loan practices that must include, but are not limited to,
 2275  procedures for establishing loan interest rates, uses of
 2276  funding, application procedures, and application review
 2277  procedures. The department is authorized to contract with a
 2278  third-party administrator to administer the program and manage
 2279  the loan fund. A contract for a third-party administrator that
 2280  includes management of the loan fund must, at a minimum, require
 2281  maintenance of the loan fund to ensure that the program may
 2282  operate in a revolving manner.
 2283         (b) The department shall coordinate with other state
 2284  agencies and other entities to ensure to the greatest extent
 2285  possible that agriculture and aquaculture producers in this
 2286  state have access to the maximum financial assistance available
 2287  following a declared emergency natural disaster. The
 2288  coordination must endeavor to ensure that there is no
 2289  duplication of financial assistance between the loan program and
 2290  other funding sources, such as any federal or other state
 2291  programs, including public assistance requests to the Federal
 2292  Emergency Management Agency or financial assistance from the
 2293  United States Department of Agriculture, which could render the
 2294  approved applicant ineligible for other financial assistance.
 2295         (8) PUBLIC RECORDS EXEMPTION.—
 2296         (a) The following information held by the department
 2297  pursuant to its administration of the program is exempt from s.
 2298  119.07(1) and s. 24(a), Art. I of the State Constitution:
 2299         1. Tax returns.
 2300         2. Credit history information, credit reports, and credit
 2301  scores.
 2302         (b) This subsection does not prohibit the disclosure of
 2303  information held by the department pursuant to its
 2304  administration of the program in an aggregated and anonymized
 2305  format.
 2306         (c) This subsection is subject to the Open Government
 2307  Sunset Review Act in accordance with s. 119.15 and shall stand
 2308  repealed on October 2, 2029, unless reviewed and saved from
 2309  repeal through reenactment by the Legislature.
 2310         (9) RULES.—The department shall adopt rules to implement
 2311  this section.
 2312         (10) REPORTS.—By December 1, 2024, and each December 1
 2313  thereafter, the department shall provide a report on program
 2314  activities during the previous fiscal year to the President of
 2315  the Senate and the Speaker of the House of Representatives. The
 2316  report must include information on noticed application periods,
 2317  the number and value of loans awarded under the program for each
 2318  application period, the number and value of loans outstanding,
 2319  the number and value of any loan repayments received, and an
 2320  anticipated repayment schedule for all loans.
 2321         (11) SUNSET.—This section expires July 1, 2043, unless
 2322  reviewed and saved from repeal through reenactment by the
 2323  Legislature.
 2324         Section 64. Section 570.823, Florida Statutes, is created
 2325  to read:
 2326         570.823Silviculture emergency recovery program.—
 2327         (1) DEFINITIONS.—As used in this section, the term:
 2328         (a) “Bona fide farm operation” means a farm operation
 2329  engaged in a good faith commercial agricultural use of land on
 2330  land classified as agricultural pursuant to s. 193.461 that
 2331  produces agricultural products within the definition of
 2332  agriculture under s. 570.02.
 2333         (b) “Declared emergency” means an emergency for which a
 2334  state of emergency is declared pursuant to s. 252.36 or s.
 2335  570.07(21).
 2336         (c) “Department” means the Department of Agriculture and
 2337  Consumer Services.
 2338         (d) “Program” means the silviculture emergency recovery
 2339  program.
 2340         (2) USE OF GRANT FUNDS; GRANT TERMS.—
 2341         (a) The silviculture emergency recovery program is
 2342  established within the department to administer a grant program
 2343  to assist timber landowners whose timber land was damaged as a
 2344  result of a declared emergency. Grants provided to eligible
 2345  timber landowners must be used for:
 2346         1.Timber stand restoration, including downed tree removal
 2347  on land which will retain the existing trees on site which are
 2348  lightly or completely undamaged;
 2349         2.Site preparation, and tree replanting; or
 2350         3.Road and trail clearing on private timber lands to
 2351  provide emergency access and facilitate salvage operations.
 2352         (b)Only timber land located on lands classified as
 2353  agricultural lands under s. 193.461 are eligible for the
 2354  program.
 2355         (c)The department shall coordinate with state agencies and
 2356  other entities to ensure to the greatest extent possible that
 2357  timber landowners have access to the maximum financial
 2358  assistance available following a specified declared emergency.
 2359  The coordination must endeavor to ensure that there is no
 2360  duplication of financial assistance between these funds and
 2361  other funding sources, such as any federal or other state
 2362  programs, including public assistance requests to the Federal
 2363  Emergency Management Agency or financial assistance from the
 2364  United States Department of Agriculture, which would render the
 2365  approved applicant ineligible for other financial assistance.
 2366         (d)The department is authorized to adopt rules to
 2367  implement this section, including emergency rules.
 2368  Notwithstanding any other provision of law, emergency rules
 2369  adopted pursuant to this subsection are effective for 6 months
 2370  after adoption and may be renewed during the pendency of
 2371  procedures to adopt permanent rules addressing the subject of
 2372  the emergency rules.
 2373         Section 65. Subsections (2) and (5) of section 581.1843,
 2374  Florida Statutes, are amended to read:
 2375         581.1843 Citrus nursery stock propagation and production
 2376  and the establishment of regulated areas around citrus
 2377  nurseries.—
 2378         (2) Effective January 1, 2007, it is unlawful for any
 2379  person to propagate for sale or movement any citrus nursery
 2380  stock that was not propagated or grown on a site and within a
 2381  protective structure approved by the department and that is not
 2382  at least 1 mile away from commercial citrus groves. A citrus
 2383  nursery registered with the department prior to April 1, 2006,
 2384  shall not be required to comply with the 1-mile setback from
 2385  commercial citrus groves while continuously operating at the
 2386  same location for which it was registered. However, the nursery
 2387  shall be required to propagate citrus within a protective
 2388  structure approved by the department. Effective January 1, 2008,
 2389  it is shall be unlawful to distribute any citrus nursery stock
 2390  that was not produced in a protective structure approved by the
 2391  department.
 2392         (5) The department shall establish regulated areas around
 2393  the perimeter of commercial citrus nurseries that were
 2394  established on sites after April 1, 2006, not to exceed a radius
 2395  of 1 mile. The planting of citrus in an established regulated
 2396  area is prohibited. The planting of citrus within a 1-mile
 2397  radius of commercial citrus nurseries that were established on
 2398  sites prior to April 1, 2006, must be approved by the
 2399  department. Citrus plants planted within a regulated area prior
 2400  to the establishment of the regulated area may remain in the
 2401  regulated area unless the department determines the citrus
 2402  plants to be infected or infested with citrus canker or citrus
 2403  greening. The department shall require the removal of infected
 2404  or infested citrus, nonapproved planted citrus, and citrus that
 2405  has sprouted by natural means in regulated areas. The property
 2406  owner shall be responsible for the removal of citrus planted
 2407  without proper approval. Notice of the removal of citrus trees,
 2408  by immediate final order of the department, shall be provided to
 2409  the owner of the property on which the trees are located. An
 2410  immediate final order issued by the department under this
 2411  section shall notify the property owner that the citrus trees,
 2412  which are the subject of the immediate final order, must be
 2413  removed and destroyed unless the property owner, no later than
 2414  10 days after delivery of the immediate final order, requests
 2415  and obtains a stay of the immediate final order from the
 2416  district court of appeal with jurisdiction to review such
 2417  requests. The property owner shall not be required to seek a
 2418  stay from the department of the immediate final order prior to
 2419  seeking a stay from the district court of appeal.
 2420         Section 66. Sections 593.101, 593.102, 593.103, 593.104,
 2421  593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111,
 2422  593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116,
 2423  and 593.117, Florida Statutes, are repealed.
 2424         Section 67. Subsection (11) of section 595.404, Florida
 2425  Statutes, is amended to read:
 2426         595.404 School food and other nutrition programs; powers
 2427  and duties of the department.—The department has the following
 2428  powers and duties:
 2429         (11) To adopt and implement an appeal process by rule, as
 2430  required by federal regulations, for applicants and participants
 2431  under the programs implemented pursuant to this chapter,
 2432  notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss.
 2433  120.569 and 120.57-120.595.
 2434         Section 68. Section 599.002, Florida Statutes, is amended
 2435  to read:
 2436         599.002 Florida Wine Viticulture Advisory Council.—
 2437         (1) There is created within the Department of Agriculture
 2438  and Consumer Services the Florida Wine Viticulture Advisory
 2439  Council, to be composed consist of eight members as follows: the
 2440  president of the Florida Wine and Grape Growers Association
 2441  Florida Grape Growers’ Association or a designee thereof; a
 2442  representative from the Institute of Food and Agricultural
 2443  Sciences; a representative from the viticultural science program
 2444  at Florida Agricultural and Mechanical University; and five
 2445  additional commercial members, to be appointed for a 2-year term
 2446  each by the Commissioner of Agriculture, including a wine
 2447  producer, a fresh fruit producer, a nonwine product (juice,
 2448  jelly, pie fillings, etc.) producer, and a viticultural nursery
 2449  operator.
 2450         (2) The meetings, powers and duties, procedures, and
 2451  recordkeeping of the Florida Wine Viticulture Advisory Council
 2452  shall be pursuant to s. 570.232.
 2453         (3) The primary responsibilities of the Florida Wine
 2454  Viticulture Advisory Council are to submit to the Commissioner
 2455  of Agriculture, annually, the industry’s recommendations for
 2456  wine and viticultural research, promotion, and education and, as
 2457  necessary, the industry’s recommendations for revisions to the
 2458  State Wine Viticulture Plan.
 2459         Section 69. Section 599.003, Florida Statutes, is amended
 2460  to read:
 2461         599.003 State Wine Viticulture Plan.—
 2462         (1) The Commissioner of Agriculture, in consultation with
 2463  the Florida Wine Viticulture Advisory Council, shall develop and
 2464  coordinate the implementation of the State Wine Viticulture
 2465  Plan, which shall identify problems and constraints of the wine
 2466  and viticulture industry, propose possible solutions to those
 2467  problems, and develop planning mechanisms for the orderly growth
 2468  of the industry, including:
 2469         (a) Criteria for wine and viticultural research, service,
 2470  and management priorities.
 2471         (b) Additional proposed legislation that may be required.
 2472         (c) Plans and goals to improve research and service
 2473  capabilities at Florida Agricultural and Mechanical University
 2474  and the University of Florida in their efforts to address
 2475  current and future needs of the industry.
 2476         (d) The potential for viticulture products in terms of
 2477  market and needs for development.
 2478         (e) Evaluation of wine policy alternatives, including, but
 2479  not limited to, continued improvement in wine quality, blending
 2480  considerations, promotion and advertising, labeling and vineyard
 2481  designations, and development of production and marketing
 2482  strategies.
 2483         (f) Evaluation of production and fresh fruit policy
 2484  alternatives, including, but not limited to, setting minimum
 2485  grades and standards, promotion and advertising, development of
 2486  production and marketing strategies, and setting minimum
 2487  standards on types and quality of nursery plants.
 2488         (g) Evaluation of policy alternatives for nonwine processed
 2489  products, including, but not limited to, setting minimum quality
 2490  standards and development of production and marketing
 2491  strategies.
 2492         (h) Research and service priorities for further development
 2493  of the wine and viticulture industry.
 2494         (i) The identification of state agencies and public and
 2495  private institutions concerned with research, education,
 2496  extension, services, planning, promotion, and marketing
 2497  functions related to wine and viticultural development and the
 2498  delineation of contributions and responsibilities.
 2499         (j) Business planning, investment potential, financial
 2500  risks, and economics of production and utilization.
 2501         (2) A revision and update of the State Wine Viticulture
 2502  Plan must shall be submitted biennially to the President of the
 2503  Senate, the Speaker of the House of Representatives, and the
 2504  chairs of appropriate committees of the Senate and House of
 2505  Representatives, and a progress report and budget request must
 2506  shall be submitted annually.
 2507         Section 70. Paragraph (a) of subsection (2) and subsection
 2508  (3) of section 599.004, Florida Statutes, are amended, and
 2509  paragraph (d) is added to subsection (2) of that section, to
 2510  read:
 2511         599.004 Florida Farm Winery Program; registration; logo;
 2512  fees.—
 2513         (2)(a) The department, in coordination with the Florida
 2514  Wine Viticulture Advisory Council, shall develop and designate
 2515  by rule a Florida Farm Winery logo, emblem, and directional sign
 2516  to guide the public to certified Florida Farm Wineries Winery
 2517  tourist attractions. The logo and emblem of certified Florida
 2518  Farm Winery signs must shall be uniform.
 2519         (d)Wineries that fail to recertify annually or pay the
 2520  licensing fee required in paragraph (c) are subject to having
 2521  the signs referenced in paragraph (b) removed and will be
 2522  responsible for all costs incurred by the Department of
 2523  Transportation in connection with the removal.
 2524         (3) All fees collected, except as otherwise provided by
 2525  this section, shall be deposited into the Florida Wine
 2526  Viticulture Trust Fund and used to develop consumer information
 2527  on the native characteristics and proper use of wines.
 2528         Section 71. Section 599.012, Florida Statutes, is amended
 2529  to read:
 2530         599.012 Wine Viticulture Trust Fund; creation.—
 2531         (1) There is established the Viticulture Trust Fund within
 2532  the Department of Agriculture and Consumer Services. The
 2533  department shall use the moneys deposited in the trust fund
 2534  pursuant to subsection (2) to do all the following:
 2535         (a) Develop and coordinate the implementation of the State
 2536  Viticulture Plan.
 2537         (b) Promote viticulture products manufactured from products
 2538  grown in the state.
 2539         (c) Provide grants for viticultural research.
 2540         (2) Fifty percent of the revenues collected from the excise
 2541  taxes imposed under s. 564.06 on wine produced by manufacturers
 2542  in this state from products grown in the state will be deposited
 2543  in the Viticulture Trust Fund in accordance with that section.
 2544         Section 72. Subsection (1) of section 616.12, Florida
 2545  Statutes, is amended to read:
 2546         616.12 Licenses upon certain shows; distribution of fees;
 2547  exemptions.—
 2548         (1) Each person who operates any traveling show,
 2549  exhibition, amusement enterprise, carnival, vaudeville, exhibit,
 2550  minstrel, rodeo, theatrical, game or test of skill, riding
 2551  device, dramatic repertoire, other show or amusement, or
 2552  concession, including a concession operating in a tent,
 2553  enclosure, or other temporary structure, within the grounds of,
 2554  and in connection with, any annual public fair held by a fair
 2555  association shall pay the license taxes provided by law.
 2556  However, if the association satisfies the requirements of this
 2557  chapter, including securing the required fair permit from the
 2558  department, the license taxes and local business tax authorized
 2559  in chapter 205 are waived and the department shall issue a tax
 2560  exemption certificate. The department shall adopt the proper
 2561  forms and rules to administer this section, including the
 2562  necessary tax exemption certificate, showing that the fair
 2563  association has met all requirements and that the traveling
 2564  show, exhibition, amusement enterprise, carnival, vaudeville,
 2565  exhibit, minstrel, rodeo, theatrical, game or test of skill,
 2566  riding device, dramatic repertoire, other show or amusement, or
 2567  concession is exempt.
 2568         Section 73. Section 687.16, Florida Statutes, is created to
 2569  read:
 2570         687.16Florida Farmer Financial Protection Act.—
 2571         (1)SHORT TITLE.—This section may be cited as the “Florida
 2572  Farmer Financial Protection Act.”
 2573         (2)DEFINITIONS.—
 2574         (a)“Agriculture producer” means a person or company
 2575  authorized to do business in this state and engaged in the
 2576  production of goods derived from plants or animals, including,
 2577  but not limited to, the growing of crops, silviculture, animal
 2578  husbandry, or the production of livestock or dairy products.
 2579         (b)“Agritourism activity” has the same meaning as provided
 2580  in s. 570.86.
 2581         (c)“Commissioner” means the Commissioner of Agriculture.
 2582         (d)Company” means a for-profit organization, association,
 2583  corporation, partnership, joint venture, sole proprietorship,
 2584  limited partnership, limited liability partnership, or limited
 2585  liability company, including a wholly owned subsidiary,
 2586  majority-owned subsidiary, parent company, or affiliate of those
 2587  entities or business associations authorized to do business in
 2588  this state.
 2589         (e)“Denies or restricts” means refusing to provide
 2590  services, terminating existing services, or restricting or
 2591  burdening the scope or nature of services offered or provided.
 2592         (f)“Discriminate in the provision of financial services”
 2593  means to deny or restrict services and thereby decline to
 2594  provide financial services.
 2595         (g)“ESG factor” means any factor or consideration that is
 2596  collateral to or not reasonably likely to affect or impact
 2597  financial risk and includes the promotion, furtherance, or
 2598  achievement of environmental, social, or political goals,
 2599  objectives, or outcomes, which may include the agriculture
 2600  producer’s greenhouse gas emissions, use of fossil-fuel derived
 2601  fertilizer, or use of fossil-fuel powered machinery.
 2602         (h)“Farm” means the land, buildings, support facilities,
 2603  machinery, and other appurtenances used in the production of
 2604  farm or aquaculture products.
 2605         (i)“Financial institution” means a company authorized to
 2606  do business in this state which has total assets of more than
 2607  $100 million and offers financial services. A financial
 2608  institution includes any affiliate or subsidiary company, even
 2609  if that affiliate or subsidiary company is also a financial
 2610  institution.
 2611         (j)“Financial service” means any product or service that
 2612  is of a financial nature and is offered by a financial
 2613  institution.
 2614         (3)FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS.—
 2615         (a)A financial institution may not discriminate in the
 2616  provision of financial services to an agriculture producer
 2617  based, in whole or in part, upon an ESG factor.
 2618         (b)If a financial institution has made any ESG commitment
 2619  related to agriculture, there is an inference that the
 2620  institution’s denial or restriction of a financial service to an
 2621  agriculture producer violates paragraph (a).
 2622         (c)A financial institution may overcome the inference in
 2623  paragraph (b) by demonstrating that its denial or restriction of
 2624  a financial service was based solely on documented risk
 2625  analysis, and not on any ESG factor.
 2626         (4)ENFORCEMENT; COMPENSATORY DAMAGES.—The Attorney
 2627  General, in consultation with the Office of Financial
 2628  Regulation, is authorized to enforce subsection (3). Any
 2629  violation of subsection (3) constitutes an unfair trade practice
 2630  under part II of chapter 501 and the Attorney General is
 2631  authorized to investigate and seek remedies as provided in
 2632  general law. Actions for damages may be sought by an aggrieved
 2633  party.
 2634         Section 74. Paragraph (a) of subsection (3) of section
 2635  741.0305, Florida Statutes, is amended to read:
 2636         741.0305 Marriage fee reduction for completion of
 2637  premarital preparation course.—
 2638         (3)(a) All individuals electing to participate in a
 2639  premarital preparation course shall choose from the following
 2640  list of qualified instructors:
 2641         1. A psychologist licensed under chapter 490.
 2642         2. A clinical social worker licensed under chapter 491.
 2643         3. A marriage and family therapist licensed under chapter
 2644  491.
 2645         4. A mental health counselor licensed under chapter 491.
 2646         5. An official representative of a religious institution
 2647  which is recognized under s. 496.404 s. 496.404(23), if the
 2648  representative has relevant training.
 2649         6. Any other provider designated by a judicial circuit,
 2650  including, but not limited to, school counselors who are
 2651  certified to offer such courses. Each judicial circuit may
 2652  establish a roster of area course providers, including those who
 2653  offer the course on a sliding fee scale or for free.
 2654         Section 75. Paragraph (h) of subsection (2), subsection
 2655  (3), paragraph (c) of subsection (6), and subsection (10) of
 2656  section 790.06, Florida Statutes, are amended to read:
 2657         790.06 License to carry concealed weapon or concealed
 2658  firearm.—
 2659         (2) The Department of Agriculture and Consumer Services
 2660  shall issue a license if the applicant:
 2661         (h) Demonstrates competence with a firearm by any one of
 2662  the following:
 2663         1. Completion of any hunter education or hunter safety
 2664  course approved by the Fish and Wildlife Conservation Commission
 2665  or a similar agency of another state;
 2666         2. Completion of any National Rifle Association firearms
 2667  safety or training course;
 2668         3. Completion of any firearms safety or training course or
 2669  class available to the general public offered by a law
 2670  enforcement agency, junior college, college, or private or
 2671  public institution or organization or firearms training school,
 2672  using instructors certified by the National Rifle Association,
 2673  Criminal Justice Standards and Training Commission, or the
 2674  Department of Agriculture and Consumer Services;
 2675         4. Completion of any law enforcement firearms safety or
 2676  training course or class offered for security guards,
 2677  investigators, special deputies, or any division or subdivision
 2678  of a law enforcement agency or security enforcement;
 2679         5. Presents evidence of equivalent experience with a
 2680  firearm through participation in organized shooting competition
 2681  or United States military service;
 2682         6. Is licensed or has been licensed to carry a concealed
 2683  weapon or concealed firearm in this state or a county or
 2684  municipality of this state, unless such license has been revoked
 2685  for cause; or
 2686         7. Completion of any firearms training or safety course or
 2687  class conducted by a state-certified or National Rifle
 2688  Association certified firearms instructor;
 2689  
 2690  A photocopy of a certificate of completion of any of the courses
 2691  or classes; an affidavit from the instructor, school, club,
 2692  organization, or group that conducted or taught such course or
 2693  class attesting to the completion of the course or class by the
 2694  applicant; or a copy of any document that shows completion of
 2695  the course or class or evidences participation in firearms
 2696  competition shall constitute evidence of qualification under
 2697  this paragraph. A person who conducts a course pursuant to
 2698  subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
 2699  an instructor, attests to the completion of such courses, must
 2700  maintain records certifying that he or she observed the student
 2701  safely handle and discharge the firearm in his or her physical
 2702  presence and that the discharge of the firearm included live
 2703  fire using a firearm and ammunition as defined in s. 790.001;
 2704         (3)(a) The Department of Agriculture and Consumer Services
 2705  shall deny a license if the applicant has been found guilty of,
 2706  had adjudication of guilt withheld for, or had imposition of
 2707  sentence suspended for one or more crimes of violence
 2708  constituting a misdemeanor, unless 3 years have elapsed since
 2709  probation or any other conditions set by the court have been
 2710  fulfilled or the record has been sealed or expunged. The
 2711  Department of Agriculture and Consumer Services shall revoke a
 2712  license if the licensee has been found guilty of, had
 2713  adjudication of guilt withheld for, or had imposition of
 2714  sentence suspended for one or more crimes of violence within the
 2715  preceding 3 years. The department shall, upon notification by a
 2716  law enforcement agency, a court, clerk’s office, or the Florida
 2717  Department of Law Enforcement and subsequent written
 2718  verification, temporarily suspend a license or the processing of
 2719  an application for a license if the licensee or applicant is
 2720  arrested or formally charged with a crime that would disqualify
 2721  such person from having a license under this section, until
 2722  final disposition of the case. The department shall suspend a
 2723  license or the processing of an application for a license if the
 2724  licensee or applicant is issued an injunction that restrains the
 2725  licensee or applicant from committing acts of domestic violence
 2726  or acts of repeat violence. The department shall notify the
 2727  licensee or applicant suspended under this section of his or her
 2728  right to a hearing pursuant to chapter 120. A hearing conducted
 2729  regarding the temporary suspension must be for the limited
 2730  purpose of determining whether the licensee has been arrested or
 2731  charged with a disqualifying crime or issued an injunction or
 2732  court order. If the criminal case or injunction results in a
 2733  nondisqualifying disposition, the department must issue an order
 2734  lifting the suspension upon the applicant or licensee’s
 2735  submission to the department of a certified copy of the final
 2736  resolution. If the criminal case results in a disqualifying
 2737  disposition, the suspension remains in effect and the department
 2738  must proceed with denial or revocation proceedings pursuant to
 2739  chapter 120.
 2740         (b)This subsection may not be construed to limit,
 2741  restrict, or inhibit the constitutional right to bear arms and
 2742  carry a concealed weapon in this state. The Legislature finds it
 2743  a matter of public policy and public safety that it is necessary
 2744  to ensure that potentially disqualifying information about an
 2745  applicant or licensee is investigated and processed in a timely
 2746  manner by the department pursuant to this section. The
 2747  Legislature intends to clarify that suspensions pursuant to this
 2748  section are temporary, and the department has the duty to make
 2749  an eligibility determination and issue a license in the time
 2750  frame prescribed in this subsection.
 2751         (6)
 2752         (c) The Department of Agriculture and Consumer Services
 2753  shall, within 90 days after the date of receipt of the items
 2754  listed in subsection (5):
 2755         1. Issue the license; or
 2756         2. Deny the application based solely on the ground that the
 2757  applicant fails to qualify under the criteria listed in
 2758  subsection (2) or subsection (3). If the Department of
 2759  Agriculture and Consumer Services denies the application, it
 2760  shall notify the applicant in writing, stating the ground for
 2761  denial and informing the applicant of any right to a hearing
 2762  pursuant to chapter 120.
 2763         3. In the event the result of the criminal history
 2764  screening identifies department receives criminal history
 2765  information related to a crime that may disqualify the applicant
 2766  but does not contain with no final disposition of the crime or
 2767  lacks sufficient information to make an eligibility
 2768  determination on a crime which may disqualify the applicant, the
 2769  time limitation prescribed by this paragraph may be extended for
 2770  up to an additional 90 days from the receipt of the information
 2771  suspended until receipt of the final disposition or proof of
 2772  restoration of civil and firearm rights. The department may make
 2773  a request for information to the jurisdiction where the criminal
 2774  history information originated but must issue a license if it
 2775  does not obtain a disposition or sufficient information to make
 2776  an eligibility determination during the additional 90 days if
 2777  the applicant is otherwise eligible. The department may take any
 2778  action authorized in this section if it receives disqualifying
 2779  criminal history information during the additional 90-day review
 2780  or after issuance of a license.
 2781         (10) A license issued under this section must shall be
 2782  temporarily suspended as provided for in subparagraph (6)(c)3.,
 2783  or revoked pursuant to chapter 120 if the license was issued in
 2784  error or if the licensee:
 2785         (a) Is found to be ineligible under the criteria set forth
 2786  in subsection (2);
 2787         (b) Develops or sustains a physical infirmity which
 2788  prevents the safe handling of a weapon or firearm;
 2789         (c) Is convicted of a felony which would make the licensee
 2790  ineligible to possess a firearm pursuant to s. 790.23;
 2791         (d) Is found guilty of a crime under chapter 893, or
 2792  similar laws of any other state, relating to controlled
 2793  substances;
 2794         (e) Is committed as a substance abuser under chapter 397,
 2795  or is deemed a habitual offender under s. 856.011(3), or similar
 2796  laws of any other state;
 2797         (f) Is convicted of a second violation of s. 316.193, or a
 2798  similar law of another state, within 3 years after a first
 2799  conviction of such section or similar law of another state, even
 2800  though the first violation may have occurred before the date on
 2801  which the application was submitted;
 2802         (g) Is adjudicated an incapacitated person under s.
 2803  744.331, or similar laws of any other state; or
 2804         (h) Is committed to a mental institution under chapter 394,
 2805  or similar laws of any other state.
 2806  
 2807  Notwithstanding s. 120.60(5), service of a notice of the
 2808  suspension or revocation of a concealed weapon or concealed
 2809  firearm license must be given by either certified mail, return
 2810  receipt requested, to the licensee at his or her last known
 2811  mailing address furnished to the Department of Agriculture and
 2812  Consumer Services, or by personal service. If a notice given by
 2813  certified mail is returned as undeliverable, a second attempt
 2814  must be made to provide notice to the licensee at that address,
 2815  by either first-class mail in an envelope, postage prepaid,
 2816  addressed to the licensee at his or her last known mailing
 2817  address furnished to the department, or, if the licensee has
 2818  provided an e-mail address to the department, by e-mail. Such
 2819  mailing by the department constitutes notice, and any failure by
 2820  the licensee to receive such notice does not stay the effective
 2821  date or term of the suspension or revocation. A request for
 2822  hearing must be filed with the department within 21 days after
 2823  notice is received by personal delivery, or within 26 days after
 2824  the date the department deposits the notice in the United States
 2825  mail (21 days plus 5 days for mailing). The department shall
 2826  document its attempts to provide notice, and such documentation
 2827  is admissible in the courts of this state and constitutes
 2828  sufficient proof that notice was given.
 2829         Section 76. Subsection (2) of section 812.0151, Florida
 2830  Statutes, is amended to read:
 2831         812.0151 Retail fuel theft.—
 2832         (2)(a) A person commits a felony of the third degree,
 2833  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 2834  if he or she willfully, knowingly, and without authorization:
 2835         1. Breaches a retail fuel dispenser or accesses any
 2836  internal portion of a retail fuel dispenser; or
 2837         2. Possesses any device constructed for the purpose of
 2838  fraudulently altering, manipulating, or interrupting the normal
 2839  functioning of a retail fuel dispenser; or
 2840         3.Possesses any form of a payment instrument that can be
 2841  used, alone or in conjunction with another access device, to
 2842  authorize a fuel transaction or obtain fuel, including, but not
 2843  limited to, a plastic payment card with a magnetic stripe or a
 2844  chip encoded with account information or both, with the intent
 2845  to defraud the fuel retailer, the authorized payment instrument
 2846  financial account holder, or the banking institution that issued
 2847  the payment instrument financial account.
 2848         (b) A person commits a felony of the second degree,
 2849  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 2850  if he or she willfully, knowingly, and without authorization:
 2851         1. Physically tampers with, manipulates, removes, replaces,
 2852  or interrupts any mechanical or electronic component located on
 2853  within the internal or external portion of a retail fuel
 2854  dispenser; or
 2855         2. Uses any form of electronic communication to
 2856  fraudulently alter, manipulate, or interrupt the normal
 2857  functioning of a retail fuel dispenser.
 2858         (c) A person commits a felony of the third degree,
 2859  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 2860  if he or she:
 2861         1. Obtains fuel as a result of violating paragraph (a) or
 2862  paragraph (b); or
 2863         2. Modifies a vehicle’s factory installed fuel tank or
 2864  possesses any item used to hold fuel which was not fitted to a
 2865  vehicle or conveyance at the time of manufacture with the intent
 2866  to use such fuel tank or item to hold or transport fuel obtained
 2867  as a result of violating paragraph (a) or paragraph (b); or
 2868         3.Uses any form of a payment instrument that can be used,
 2869  alone or in conjunction with another access device, to authorize
 2870  a fuel transaction or obtain fuel, including, but not limited
 2871  to, a plastic payment card with a magnetic stripe or a chip
 2872  encoded with account information or both, with the intent to
 2873  defraud the fuel retailer, the authorized payment instrument
 2874  financial account holder, or the banking institution that issued
 2875  the payment instrument financial account.
 2876         Section 77. Section 812.136, Florida Statutes, is created
 2877  to read:
 2878         812.136 Mail theft.—
 2879         (1)As used in this section, unless the context otherwise
 2880  requires:
 2881         (a)“Mail” means any letter, postal card, parcel, envelope,
 2882  package, bag, or any other sealed article addressed to another,
 2883  along with its contents.
 2884         (b)“Mail depository” means a mail box, letter box, mail
 2885  route, or mail receptacle of a postal service, an office of a
 2886  postal service, or mail carrier of a postal service, or a
 2887  vehicle of a postal service.
 2888         (c)“Postal service” means the United States Postal Service
 2889  or its contractors, or any commercial courier that delivers
 2890  mail.
 2891         (2)Any of the following acts constitutes mail theft:
 2892         (a)Removing mail from a mail depository or taking mail
 2893  from a mail carrier of a postal service with an intent to steal.
 2894         (b)Obtaining custody of mail by fraud or deception with an
 2895  intent to steal.
 2896         (c)Selling, receiving, possessing, transferring, buying,
 2897  or concealing mail obtained by acts described in paragraph (a)
 2898  or paragraph (b) of this subsection, while knowing or having
 2899  reason to know the mail was obtained illegally.
 2900         (3)Any of the following constitutes theft of or
 2901  unauthorized reproduction of a mail depository key or lock:
 2902         (a)Stealing or obtaining by false pretense any key or lock
 2903  adopted by a postal service for a mail depository or other
 2904  authorized receptacle for the deposit or delivery of mail.
 2905         (b)Knowingly and unlawfully making, forging, or
 2906  counterfeiting any such key or possessing any such key or lock
 2907  adopted by a postal service with the intent to unlawfully or
 2908  improperly use, sell, or otherwise dispose of the key or lock,
 2909  or to cause the key or lock to be unlawfully or improperly used,
 2910  sold, or otherwise disposed.
 2911         (4)The first violation of this section constitutes a
 2912  misdemeanor of the first degree, punishable by a term of
 2913  imprisonment not exceeding 1 year pursuant to s. 775.082(4)(a)
 2914  or a fine not to exceed $1,000 pursuant to s. 775.083(1)(d), or
 2915  both. A second or subsequent violation of this section
 2916  constitutes a felony of the third degree, punishable by a term
 2917  of imprisonment not exceeding 5 years pursuant to s.
 2918  775.82(3)(e) or a fine not to exceed $5,000 pursuant to s.
 2919  775.083(1)(c), or both.
 2920         Section 78. Paragraph (i) of subsection (4) of section
 2921  934.50, Florida Statutes, is amended to read:
 2922         934.50 Searches and seizure using a drone.—
 2923         (4) EXCEPTIONS.—This section does not prohibit the use of a
 2924  drone:
 2925         (i) By a person or an entity engaged in a business or
 2926  profession licensed by the state, or by an agent, employee, or
 2927  contractor thereof, if the drone is used only to perform
 2928  reasonable tasks within the scope of practice or activities
 2929  permitted under such person’s or entity’s license. However, this
 2930  exception does not apply to a profession in which the licensee’s
 2931  authorized scope of practice includes obtaining information
 2932  about the identity, habits, conduct, movements, whereabouts,
 2933  affiliations, associations, transactions, reputation, or
 2934  character of any society, person, or group of persons.
 2935         Section 79. Section 1013.373, Florida Statutes, is created
 2936  to read:
 2937         1013.373 Educational facilities used for agricultural
 2938  education.—
 2939         (1)Notwithstanding any other provision of law, a local
 2940  government may not adopt any ordinance, regulation, rule, or
 2941  policy to prohibit, restrict, regulate, or otherwise limit any
 2942  activities of public educational facilities and auxiliary
 2943  facilities constructed by a board for agricultural education,
 2944  for Future Farmers of America or 4-H activities, or the storage
 2945  of any animal or equipment therein.
 2946         (2)Lands used for agricultural education or for Future
 2947  Farmers of America or 4-H activities are considered agricultural
 2948  lands pursuant to s. 193.461 and subject to s. 823.14.
 2949         Section 80. For the purpose of incorporating the amendment
 2950  made by this act to section 110.205, Florida Statutes, in a
 2951  reference thereto, paragraph (a) of subsection (5) of section
 2952  295.07, Florida Statutes, is reenacted to read:
 2953         295.07 Preference in appointment and retention.—
 2954         (5) The following positions are exempt from this section:
 2955         (a) Those positions that are exempt from the state Career
 2956  Service System under s. 110.205(2); however, all positions under
 2957  the University Support Personnel System of the State University
 2958  System as well as all Career Service System positions under the
 2959  Florida College System and the School for the Deaf and the
 2960  Blind, or the equivalent of such positions at state
 2961  universities, Florida College System institutions, or the School
 2962  for the Deaf and the Blind, are not exempt.
 2963         Section 81. For the purpose of incorporating the amendment
 2964  made by this act to section 193.461, Florida Statutes, in a
 2965  reference thereto, paragraph (r) of subsection (1) of section
 2966  125.01, Florida Statutes, is reenacted to read:
 2967         125.01 Powers and duties.—
 2968         (1) The legislative and governing body of a county shall
 2969  have the power to carry on county government. To the extent not
 2970  inconsistent with general or special law, this power includes,
 2971  but is not restricted to, the power to:
 2972         (r) Levy and collect taxes, both for county purposes and
 2973  for the providing of municipal services within any municipal
 2974  service taxing unit, and special assessments; borrow and expend
 2975  money; and issue bonds, revenue certificates, and other
 2976  obligations of indebtedness, which power shall be exercised in
 2977  such manner, and subject to such limitations, as may be provided
 2978  by general law. There shall be no referendum required for the
 2979  levy by a county of ad valorem taxes, both for county purposes
 2980  and for the providing of municipal services within any municipal
 2981  service taxing unit.
 2982         1. Notwithstanding any other provision of law, a county may
 2983  not levy special assessments on lands classified as agricultural
 2984  lands under s. 193.461 unless the revenue from such assessments
 2985  has been pledged for debt service and is necessary to meet
 2986  obligations of bonds or certificates issued by the county which
 2987  remain outstanding on July 1, 2023, including refundings thereof
 2988  for debt service savings where the maturity of the debt is not
 2989  extended. For bonds or certificates issued after July 1, 2023,
 2990  special assessments securing such bonds may not be levied on
 2991  lands classified as agricultural under s. 193.461.
 2992         2. The provisions of subparagraph 1. do not apply to
 2993  residential structures and their curtilage.
 2994         Section 82. For the purpose of incorporating the amendment
 2995  made by this act to section 193.461, Florida Statutes, in
 2996  references thereto, paragraphs (a) through (d) of subsection (3)
 2997  of section 163.3162, Florida Statutes, are reenacted to read:
 2998         163.3162 Agricultural lands and practices.—
 2999         (3) DUPLICATION OF REGULATION.—Except as otherwise provided
 3000  in this section and s. 487.051(2), and notwithstanding any other
 3001  law, including any provision of chapter 125 or this chapter:
 3002         (a) A governmental entity may not exercise any of its
 3003  powers to adopt or enforce any ordinance, resolution,
 3004  regulation, rule, or policy to prohibit, restrict, regulate, or
 3005  otherwise limit an activity of a bona fide farm operation on
 3006  land classified as agricultural land pursuant to s. 193.461, if
 3007  such activity is regulated through implemented best management
 3008  practices, interim measures, or regulations adopted as rules
 3009  under chapter 120 by the Department of Environmental Protection,
 3010  the Department of Agriculture and Consumer Services, or a water
 3011  management district as part of a statewide or regional program;
 3012  or if such activity is expressly regulated by the United States
 3013  Department of Agriculture, the United States Army Corps of
 3014  Engineers, or the United States Environmental Protection Agency.
 3015         (b) A governmental entity may not charge a fee on a
 3016  specific agricultural activity of a bona fide farm operation on
 3017  land classified as agricultural land pursuant to s. 193.461, if
 3018  such agricultural activity is regulated through implemented best
 3019  management practices, interim measures, or regulations adopted
 3020  as rules under chapter 120 by the Department of Environmental
 3021  Protection, the Department of Agriculture and Consumer Services,
 3022  or a water management district as part of a statewide or
 3023  regional program; or if such agricultural activity is expressly
 3024  regulated by the United States Department of Agriculture, the
 3025  United States Army Corps of Engineers, or the United States
 3026  Environmental Protection Agency.
 3027         (c) A governmental entity may not charge an assessment or
 3028  fee for stormwater management on a bona fide farm operation on
 3029  land classified as agricultural land pursuant to s. 193.461, if
 3030  the farm operation has a National Pollutant Discharge
 3031  Elimination System permit, environmental resource permit, or
 3032  works-of-the-district permit or implements best management
 3033  practices adopted as rules under chapter 120 by the Department
 3034  of Environmental Protection, the Department of Agriculture and
 3035  Consumer Services, or a water management district as part of a
 3036  statewide or regional program.
 3037         (d) For each governmental entity that, before March 1,
 3038  2009, adopted a stormwater utility ordinance or resolution,
 3039  adopted an ordinance or resolution establishing a municipal
 3040  services benefit unit, or adopted a resolution stating the
 3041  governmental entity’s intent to use the uniform method of
 3042  collection pursuant to s. 197.3632 for such stormwater
 3043  ordinances, the governmental entity may continue to charge an
 3044  assessment or fee for stormwater management on a bona fide farm
 3045  operation on land classified as agricultural pursuant to s.
 3046  193.461, if the ordinance or resolution provides credits against
 3047  the assessment or fee on a bona fide farm operation for the
 3048  water quality or flood control benefit of:
 3049         1. The implementation of best management practices adopted
 3050  as rules under chapter 120 by the Department of Environmental
 3051  Protection, the Department of Agriculture and Consumer Services,
 3052  or a water management district as part of a statewide or
 3053  regional program;
 3054         2. The stormwater quality and quantity measures required as
 3055  part of a National Pollutant Discharge Elimination System
 3056  permit, environmental resource permit, or works-of-the-district
 3057  permit; or
 3058         3. The implementation of best management practices or
 3059  alternative measures which the landowner demonstrates to the
 3060  governmental entity to be of equivalent or greater stormwater
 3061  benefit than those provided by implementation of best management
 3062  practices adopted as rules under chapter 120 by the Department
 3063  of Environmental Protection, the Department of Agriculture and
 3064  Consumer Services, or a water management district as part of a
 3065  statewide or regional program, or stormwater quality and
 3066  quantity measures required as part of a National Pollutant
 3067  Discharge Elimination System permit, environmental resource
 3068  permit, or works-of-the-district permit.
 3069         Section 83. For the purpose of incorporating the amendment
 3070  made by this act to section 193.461, Florida Statutes, in a
 3071  reference thereto, paragraph (c) of subsection (3) of section
 3072  163.3163, Florida Statutes, is reenacted to read:
 3073         163.3163 Applications for development permits; disclosure
 3074  and acknowledgment of contiguous sustainable agricultural land.—
 3075         (3) As used in this section, the term:
 3076         (c) “Sustainable agricultural land” means land classified
 3077  as agricultural land pursuant to s. 193.461 which is used for a
 3078  farm operation that uses current technology, based on science or
 3079  research and demonstrated measurable increases in productivity,
 3080  to meet future food, feed, fiber, and energy needs, while
 3081  considering the environmental impacts and the social and
 3082  economic benefits to the rural communities.
 3083         Section 84. For the purpose of incorporating the amendment
 3084  made by this act to section 193.461, Florida Statutes, in a
 3085  reference thereto, subsection (4) of section 163.3164, Florida
 3086  Statutes, is reenacted to read:
 3087         163.3164 Community Planning Act; definitions.—As used in
 3088  this act:
 3089         (4) “Agricultural enclave” means an unincorporated,
 3090  undeveloped parcel that:
 3091         (a) Is owned by a single person or entity;
 3092         (b) Has been in continuous use for bona fide agricultural
 3093  purposes, as defined by s. 193.461, for a period of 5 years
 3094  prior to the date of any comprehensive plan amendment
 3095  application;
 3096         (c) Is surrounded on at least 75 percent of its perimeter
 3097  by:
 3098         1. Property that has existing industrial, commercial, or
 3099  residential development; or
 3100         2. Property that the local government has designated, in
 3101  the local government’s comprehensive plan, zoning map, and
 3102  future land use map, as land that is to be developed for
 3103  industrial, commercial, or residential purposes, and at least 75
 3104  percent of such property is existing industrial, commercial, or
 3105  residential development;
 3106         (d) Has public services, including water, wastewater,
 3107  transportation, schools, and recreation facilities, available or
 3108  such public services are scheduled in the capital improvement
 3109  element to be provided by the local government or can be
 3110  provided by an alternative provider of local government
 3111  infrastructure in order to ensure consistency with applicable
 3112  concurrency provisions of s. 163.3180; and
 3113         (e) Does not exceed 1,280 acres; however, if the property
 3114  is surrounded by existing or authorized residential development
 3115  that will result in a density at buildout of at least 1,000
 3116  residents per square mile, then the area shall be determined to
 3117  be urban and the parcel may not exceed 4,480 acres.
 3118         Section 85. For the purpose of incorporating the amendment
 3119  made by this act to section 193.461, Florida Statutes, in a
 3120  reference thereto, subsection (5) of section 163.3194, Florida
 3121  Statutes, is reenacted to read:
 3122         163.3194 Legal status of comprehensive plan.—
 3123         (5) The tax-exempt status of lands classified as
 3124  agricultural under s. 193.461 shall not be affected by any
 3125  comprehensive plan adopted under this act as long as the land
 3126  meets the criteria set forth in s. 193.461.
 3127         Section 86. For the purpose of incorporating the amendment
 3128  made by this act to section 193.461, Florida Statutes, in a
 3129  reference thereto, subsection (4) of section 170.01, Florida
 3130  Statutes, is reenacted to read:
 3131         170.01 Authority for providing improvements and levying and
 3132  collecting special assessments against property benefited.—
 3133         (4) Notwithstanding any other provision of law, a
 3134  municipality may not levy special assessments for the provision
 3135  of fire protection services on lands classified as agricultural
 3136  lands under s. 193.461 unless the land contains a residential
 3137  dwelling or nonresidential farm building, with the exception of
 3138  an agricultural pole barn, provided the nonresidential farm
 3139  building exceeds a just value of $10,000. Such special
 3140  assessments must be based solely on the special benefit accruing
 3141  to that portion of the land consisting of the residential
 3142  dwelling and curtilage, and qualifying nonresidential farm
 3143  buildings. As used in this subsection, the term “agricultural
 3144  pole barn” means a nonresidential farm building in which 70
 3145  percent or more of the perimeter walls are permanently open and
 3146  allow free ingress and egress.
 3147         Section 87. For the purpose of incorporating the amendment
 3148  made by this act to section 193.461, Florida Statutes, in a
 3149  reference thereto, subsection (2) of section 193.052, Florida
 3150  Statutes, is reenacted to read:
 3151         193.052 Preparation and serving of returns.—
 3152         (2) No return shall be required for real property the
 3153  ownership of which is reflected in instruments recorded in the
 3154  public records of the county in which the property is located,
 3155  unless otherwise required in this title. In order for land to be
 3156  considered for agricultural classification under s. 193.461 or
 3157  high-water recharge classification under s. 193.625, an
 3158  application for classification must be filed on or before March
 3159  1 of each year with the property appraiser of the county in
 3160  which the land is located, except as provided in s.
 3161  193.461(3)(a). The application must state that the lands on
 3162  January 1 of that year were used primarily for bona fide
 3163  commercial agricultural or high-water recharge purposes.
 3164         Section 88. For the purpose of incorporating the amendment
 3165  made by this act to section 193.461, Florida Statutes, in a
 3166  reference thereto, section 193.4615, Florida Statutes, is
 3167  reenacted to read:
 3168         193.4615 Assessment of obsolete agricultural equipment.—For
 3169  purposes of ad valorem property taxation, agricultural equipment
 3170  that is located on property classified as agricultural under s.
 3171  193.461 and that is no longer usable for its intended purpose
 3172  shall be deemed to have a market value no greater than its value
 3173  for salvage.
 3174         Section 89. For the purpose of incorporating the amendment
 3175  made by this act to section 193.461, Florida Statutes, in
 3176  references thereto, paragraph (a) of subsection (5) and
 3177  paragraph (a) of subsection (19) of section 212.08, Florida
 3178  Statutes, are reenacted to read:
 3179         212.08 Sales, rental, use, consumption, distribution, and
 3180  storage tax; specified exemptions.—The sale at retail, the
 3181  rental, the use, the consumption, the distribution, and the
 3182  storage to be used or consumed in this state of the following
 3183  are hereby specifically exempt from the tax imposed by this
 3184  chapter.
 3185         (5) EXEMPTIONS; ACCOUNT OF USE.—
 3186         (a) Items in agricultural use and certain nets.—There are
 3187  exempt from the tax imposed by this chapter nets designed and
 3188  used exclusively by commercial fisheries; disinfectants,
 3189  fertilizers, insecticides, pesticides, herbicides, fungicides,
 3190  and weed killers used for application on crops or groves,
 3191  including commercial nurseries and home vegetable gardens, used
 3192  in dairy barns or on poultry farms for the purpose of protecting
 3193  poultry or livestock, or used directly on poultry or livestock;
 3194  animal health products that are administered to, applied to, or
 3195  consumed by livestock or poultry to alleviate pain or cure or
 3196  prevent sickness, disease, or suffering, including, but not
 3197  limited to, antiseptics, absorbent cotton, gauze for bandages,
 3198  lotions, vaccines, vitamins, and worm remedies; aquaculture
 3199  health products that are used by aquaculture producers, as
 3200  defined in s. 597.0015, to prevent or treat fungi, bacteria, and
 3201  parasitic diseases; portable containers or movable receptacles
 3202  in which portable containers are placed, used for processing
 3203  farm products; field and garden seeds, including flower seeds;
 3204  nursery stock, seedlings, cuttings, or other propagative
 3205  material purchased for growing stock; seeds, seedlings,
 3206  cuttings, and plants used to produce food for human consumption;
 3207  cloth, plastic, and other similar materials used for shade,
 3208  mulch, or protection from frost or insects on a farm; hog wire
 3209  and barbed wire fencing, including gates and materials used to
 3210  construct or repair such fencing, used in agricultural
 3211  production on lands classified as agricultural lands under s.
 3212  193.461; materials used to construct or repair permanent or
 3213  temporary fencing used to contain, confine, or process cattle,
 3214  including gates and energized fencing systems, used in
 3215  agricultural operations on lands classified as agricultural
 3216  lands under s. 193.461; stakes used by a farmer to support
 3217  plants during agricultural production; generators used on
 3218  poultry farms; and liquefied petroleum gas or other fuel used to
 3219  heat a structure in which started pullets or broilers are
 3220  raised; however, such exemption is not allowed unless the
 3221  purchaser or lessee signs a certificate stating that the item to
 3222  be exempted is for the exclusive use designated herein. Also
 3223  exempt are cellophane wrappers, glue for tin and glass
 3224  (apiarists), mailing cases for honey, shipping cases, window
 3225  cartons, and baling wire and twine used for baling hay, when
 3226  used by a farmer to contain, produce, or process an agricultural
 3227  commodity.
 3228         (19) FLORIDA FARM TEAM CARD.—
 3229         (a) Notwithstanding any other law, a farmer whose property
 3230  has been classified as agricultural pursuant to s. 193.461 or
 3231  who has implemented agricultural best management practices
 3232  adopted by the Department of Agriculture and Consumer Services
 3233  pursuant to s. 403.067(7)(c)2. may apply to the department for a
 3234  Florida farm tax exempt agricultural materials (TEAM) card to
 3235  claim the applicable sales tax exemptions provided in this
 3236  section. A farmer may present the Florida farm TEAM card to a
 3237  selling dealer in lieu of a certificate or affidavit otherwise
 3238  required by this chapter.
 3239         Section 90. For the purpose of incorporating the amendment
 3240  made by this act to section 193.461, Florida Statutes, in a
 3241  reference thereto, subsection (2) of section 373.406, Florida
 3242  Statutes, is reenacted to read:
 3243         373.406 Exemptions.—The following exemptions shall apply:
 3244         (2) Notwithstanding s. 403.927, nothing herein, or in any
 3245  rule, regulation, or order adopted pursuant hereto, shall be
 3246  construed to affect the right of any person engaged in the
 3247  occupation of agriculture, silviculture, floriculture, or
 3248  horticulture to alter the topography of any tract of land,
 3249  including, but not limited to, activities that may impede or
 3250  divert the flow of surface waters or adversely impact wetlands,
 3251  for purposes consistent with the normal and customary practice
 3252  of such occupation in the area. However, such alteration or
 3253  activity may not be for the sole or predominant purpose of
 3254  impeding or diverting the flow of surface waters or adversely
 3255  impacting wetlands. This exemption applies to lands classified
 3256  as agricultural pursuant to s. 193.461 and to activities
 3257  requiring an environmental resource permit pursuant to this
 3258  part. This exemption does not apply to any activities previously
 3259  authorized by an environmental resource permit or a management
 3260  and storage of surface water permit issued pursuant to this part
 3261  or a dredge and fill permit issued pursuant to chapter 403. This
 3262  exemption has retroactive application to July 1, 1984.
 3263         Section 91. For the purpose of incorporating the amendment
 3264  made by this act to section 193.461, Florida Statutes, in a
 3265  reference thereto, paragraph (a) of subsection (11) of section
 3266  403.182, Florida Statutes, is reenacted to read:
 3267         403.182 Local pollution control programs.—
 3268         (11)(a) Notwithstanding this section or any existing local
 3269  pollution control programs, the Secretary of Environmental
 3270  Protection has exclusive jurisdiction in setting standards or
 3271  procedures for evaluating environmental conditions and assessing
 3272  potential liability for the presence of contaminants on land
 3273  that is classified as agricultural land pursuant to s. 193.461
 3274  and being converted to a nonagricultural use. The exclusive
 3275  jurisdiction includes defining what constitutes all appropriate
 3276  inquiry consistent with 40 C.F.R. part 312 and guidance
 3277  thereunder.
 3278         Section 92. For the purpose of incorporating the amendment
 3279  made by this act to section 193.461, Florida Statutes, in a
 3280  reference thereto, subsection (4) of section 403.9337, Florida
 3281  Statutes, is reenacted to read:
 3282         403.9337 Model Ordinance for Florida-Friendly Fertilizer
 3283  Use on Urban Landscapes.—
 3284         (4) This section does not apply to the use of fertilizer on
 3285  farm operations as defined in s. 823.14 or on lands classified
 3286  as agricultural lands pursuant to s. 193.461.
 3287         Section 93. For the purpose of incorporating the amendment
 3288  made by this act to section 193.461, Florida Statutes, in a
 3289  reference thereto, paragraph (d) of subsection (2) of section
 3290  472.029, Florida Statutes, is reenacted to read:
 3291         472.029 Authorization to enter lands of third parties;
 3292  conditions.—
 3293         (2) LIABILITY AND DUTY OF CARE ON AGRICULTURAL LAND.—
 3294         (d) This subsection applies only to land classified as
 3295  agricultural pursuant to s. 193.461.
 3296         Section 94. For the purpose of incorporating the amendment
 3297  made by this act to section 193.461, Florida Statutes, in a
 3298  reference thereto, subsection (5) of section 474.2021, Florida
 3299  Statutes, is reenacted to read:
 3300         474.2021 Veterinary telehealth.—
 3301         (5) A veterinarian personally acquainted with the caring
 3302  and keeping of an animal or group of animals on food-producing
 3303  animal operations on land classified as agricultural pursuant to
 3304  s. 193.461 who has recently seen the animal or group of animals
 3305  or has made medically appropriate and timely visits to the
 3306  premises where the animal or group of animals is kept may
 3307  practice veterinary telehealth for animals on such operations.
 3308         Section 95. For the purpose of incorporating the amendment
 3309  made by this act to section 193.461, Florida Statutes, in a
 3310  reference thereto, paragraph (d) of subsection (4) of section
 3311  474.2165, Florida Statutes, is reenacted to read:
 3312         474.2165 Ownership and control of veterinary medical
 3313  patient records; report or copies of records to be furnished.—
 3314         (4) Except as otherwise provided in this section, such
 3315  records may not be furnished to, and the medical condition of a
 3316  patient may not be discussed with, any person other than the
 3317  client or the client’s legal representative or other
 3318  veterinarians involved in the care or treatment of the patient,
 3319  except upon written authorization of the client. However, such
 3320  records may be furnished without written authorization under the
 3321  following circumstances:
 3322         (d) In any criminal action or situation where a
 3323  veterinarian suspects a criminal violation. If a criminal
 3324  violation is suspected, a veterinarian may, without notice to or
 3325  authorization from the client, report the violation to a law
 3326  enforcement officer, an animal control officer who is certified
 3327  pursuant to s. 828.27(4)(a), or an agent appointed under s.
 3328  828.03. However, if a suspected violation occurs at a commercial
 3329  food-producing animal operation on land classified as
 3330  agricultural under s. 193.461, the veterinarian must provide
 3331  notice to the client or the client’s legal representative before
 3332  reporting the suspected violation to an officer or agent under
 3333  this paragraph. The report may not include written medical
 3334  records except upon the issuance of an order from a court of
 3335  competent jurisdiction.
 3336         Section 96. For the purpose of incorporating the amendment
 3337  made by this act to section 193.461, Florida Statutes, in a
 3338  reference thereto, subsection (6) of section 487.081, Florida
 3339  Statutes, is reenacted to read:
 3340         487.081 Exemptions.—
 3341         (6) The Department of Environmental Protection is not
 3342  authorized to institute proceedings against any property owner
 3343  or leaseholder of property under the provisions of s. 376.307(5)
 3344  to recover any costs or damages associated with pesticide
 3345  contamination of soil or water, or the evaluation, assessment,
 3346  or remediation of pesticide contamination of soil or water,
 3347  including sampling, analysis, and restoration of soil or potable
 3348  water supplies, subject to the following conditions:
 3349         (a) The pesticide contamination of soil or water is
 3350  determined to be the result of the use of pesticides by the
 3351  property owner or leaseholder, in accordance with state and
 3352  federal law, applicable registered labels, and rules on property
 3353  classified as agricultural land pursuant to s. 193.461;
 3354         (b) The property owner or leaseholder maintains records of
 3355  such pesticide applications and such records are provided to the
 3356  department upon request;
 3357         (c) In the event of pesticide contamination of soil or
 3358  water, the department, upon request, shall make such records
 3359  available to the Department of Environmental Protection;
 3360         (d) This subsection does not limit regulatory authority
 3361  under a federally delegated or approved program; and
 3362         (e) This subsection is remedial in nature and shall apply
 3363  retroactively.
 3364  
 3365  The department, in consultation with the secretary of the
 3366  Department of Environmental Protection, may adopt rules
 3367  prescribing the format, content, and retention time for records
 3368  to be maintained under this subsection.
 3369         Section 97. For the purpose of incorporating the amendment
 3370  made by this act to section 193.461, Florida Statutes, in a
 3371  reference thereto, subsection (1) of section 570.85, Florida
 3372  Statutes, is reenacted to read:
 3373         570.85 Agritourism.—
 3374         (1) It is the intent of the Legislature to promote
 3375  agritourism as a way to support bona fide agricultural
 3376  production by providing a stream of revenue and by educating the
 3377  general public about the agricultural industry. It is also the
 3378  intent of the Legislature to eliminate duplication of regulatory
 3379  authority over agritourism as expressed in this section. Except
 3380  as otherwise provided for in this section, and notwithstanding
 3381  any other law, a local government may not adopt or enforce a
 3382  local ordinance, regulation, rule, or policy that prohibits,
 3383  restricts, regulates, or otherwise limits an agritourism
 3384  activity on land classified as agricultural land under s.
 3385  193.461. This subsection does not limit the powers and duties of
 3386  a local government to address substantial offsite impacts of
 3387  agritourism activities or an emergency as provided in chapter
 3388  252.
 3389         Section 98. For the purpose of incorporating the amendment
 3390  made by this act to section 193.461, Florida Statutes, in a
 3391  reference thereto, subsection (1) of section 570.87, Florida
 3392  Statutes, is reenacted to read:
 3393         570.87 Agritourism participation impact on land
 3394  classification.—
 3395         (1) In order to promote and perpetuate agriculture
 3396  throughout this state, farm operations are encouraged to engage
 3397  in agritourism. An agricultural classification pursuant to s.
 3398  193.461 may not be denied or revoked solely due to the conduct
 3399  of agritourism activity on a bona fide farm or the construction,
 3400  alteration, or maintenance of a nonresidential farm building,
 3401  structure, or facility on a bona fide farm which is used to
 3402  conduct agritourism activities. So long as the building,
 3403  structure, or facility is an integral part of the agricultural
 3404  operation, the land it occupies shall be considered agricultural
 3405  in nature. However, such buildings, structures, and facilities,
 3406  and other improvements on the land, must be assessed under s.
 3407  193.011 at their just value and added to the agriculturally
 3408  assessed value of the land.
 3409         Section 99. For the purpose of incorporating the amendment
 3410  made by this act to section 193.461, Florida Statutes, in a
 3411  reference thereto, subsection (3) of section 570.94, Florida
 3412  Statutes, is reenacted to read:
 3413         570.94 Best management practices for wildlife.—The
 3414  department and the Fish and Wildlife Conservation Commission
 3415  recognize that agriculture provides a valuable benefit to the
 3416  conservation and management of fish and wildlife in the state
 3417  and agree to enter into a memorandum of agreement to develop and
 3418  adopt by rule voluntary best management practices for the
 3419  state’s agriculture industry which reflect the industry’s
 3420  existing contribution to the conservation and management of
 3421  freshwater aquatic life and wild animal life in the state.
 3422         (3) Notwithstanding any other provision of law, including
 3423  s. 163.3162, the implementation of the best management practices
 3424  pursuant to this section is voluntary and except as specifically
 3425  provided under this section and s. 9, Art. IV of the State
 3426  Constitution, an agency, department, district, or unit of local
 3427  government may not adopt or enforce any ordinance, resolution,
 3428  regulation, rule, or policy regarding the best management
 3429  practices on land classified as agricultural land pursuant to s.
 3430  193.461.
 3431         Section 100. For the purpose of incorporating the amendment
 3432  made by this act to section 193.461, Florida Statutes, in a
 3433  reference thereto, paragraph (a) of subsection (1) of section
 3434  582.19, Florida Statutes, is reenacted to read:
 3435         582.19 Qualifications and tenure of supervisors.—
 3436         (1) The governing body of the district shall consist of
 3437  five supervisors, elected as provided in s. 582.18.
 3438         (a) To qualify to serve on the governing body of a
 3439  district, a supervisor must be an eligible voter who resides in
 3440  the district and who:
 3441         1. Is actively engaged in, or retired after 10 years of
 3442  being engaged in, agriculture as defined in s. 570.02;
 3443         2. Is employed by an agricultural producer; or
 3444         3. Owns, leases, or is actively employed on land classified
 3445  as agricultural under s. 193.461.
 3446         Section 101. For the purpose of incorporating the amendment
 3447  made by this act to section 193.461, Florida Statutes, in a
 3448  reference thereto, section 586.055, Florida Statutes, is
 3449  reenacted to read:
 3450         586.055 Location of apiaries.—An apiary may be located on
 3451  land classified as agricultural under s. 193.461 or on land that
 3452  is integral to a beekeeping operation.
 3453         Section 102. For the purpose of incorporating the amendment
 3454  made by this act to section 193.461, Florida Statutes, in
 3455  references thereto, paragraphs (a) and (d) of subsection (2) of
 3456  section 604.50, Florida Statutes, are reenacted to read:
 3457         604.50 Nonresidential farm buildings; farm fences; farm
 3458  signs.—
 3459         (2) As used in this section, the term:
 3460         (a) “Bona fide agricultural purposes” has the same meaning
 3461  as provided in s. 193.461(3)(b).
 3462         (d) “Nonresidential farm building” means any temporary or
 3463  permanent building or support structure that is classified as a
 3464  nonresidential farm building on a farm under s. 553.73(10)(c) or
 3465  that is used primarily for agricultural purposes, is located on
 3466  land that is an integral part of a farm operation or is
 3467  classified as agricultural land under s. 193.461, and is not
 3468  intended to be used as a residential dwelling. The term may
 3469  include, but is not limited to, a barn, greenhouse, shade house,
 3470  farm office, storage building, or poultry house.
 3471         Section 103. For the purpose of incorporating the amendment
 3472  made by this act to section 193.461, Florida Statutes, in a
 3473  reference thereto, paragraph (b) of subsection (3) of section
 3474  604.73, Florida Statutes, is reenacted to read:
 3475         604.73 Urban agriculture pilot projects; local regulation
 3476  of urban agriculture.—
 3477         (3) DEFINITIONS.—As used in this section, the term:
 3478         (b) “Urban agriculture” means any new or existing
 3479  noncommercial agricultural uses on land that is:
 3480         1. Within a dense urban land area, as described in s.
 3481  380.0651(3)(a);
 3482         2. Not classified as agricultural pursuant to s. 193.461;
 3483         3. Not zoned as agricultural as its principal use; and
 3484         4. Designated by a municipality for inclusion in an urban
 3485  agricultural pilot project that has been approved by the
 3486  department.
 3487  
 3488  The term does not include vegetable gardens, as defined in s.
 3489  604.71(4), for personal consumption on residential properties.
 3490         Section 104. For the purpose of incorporating the amendment
 3491  made by this act to section 193.461, Florida Statutes, in a
 3492  reference thereto, subsection (1) of section 692.201, Florida
 3493  Statutes, is reenacted to read:
 3494         692.201 Definitions.—As used in this part, the term:
 3495         (1) “Agricultural land” means land classified as
 3496  agricultural under s. 193.461.
 3497         Section 105. For the purpose of incorporating the amendment
 3498  made by this act to section 193.461, Florida Statutes, in
 3499  references thereto, paragraph (a) of subsection (5) and
 3500  paragraph (a) of subsection (6) of section 741.30, Florida
 3501  Statutes, are reenacted to read:
 3502         741.30 Domestic violence; injunction; powers and duties of
 3503  court and clerk; petition; notice and hearing; temporary
 3504  injunction; issuance of injunction; statewide verification
 3505  system; enforcement; public records exemption.—
 3506         (5)(a) If it appears to the court that an immediate and
 3507  present danger of domestic violence exists, the court may grant
 3508  a temporary injunction ex parte, pending a full hearing, and may
 3509  grant such relief as the court deems proper, including an
 3510  injunction:
 3511         1. Restraining the respondent from committing any acts of
 3512  domestic violence.
 3513         2. Awarding to the petitioner the temporary exclusive use
 3514  and possession of the dwelling that the parties share or
 3515  excluding the respondent from the residence of the petitioner.
 3516         3. On the same basis as provided in s. 61.13, providing the
 3517  petitioner a temporary parenting plan, including a time-sharing
 3518  schedule, which may award the petitioner up to 100 percent of
 3519  the time-sharing. If temporary time-sharing is awarded to the
 3520  respondent, the exchange of the child must occur at a neutral
 3521  safe exchange location as provided in s. 125.01(8) or a location
 3522  authorized by a supervised visitation program as defined in s.
 3523  753.01 if the court determines it is in the best interests of
 3524  the child after consideration of all of the factors specified in
 3525  s. 61.13(3). The temporary parenting plan remains in effect
 3526  until the order expires or an order is entered by a court of
 3527  competent jurisdiction in a pending or subsequent civil action
 3528  or proceeding affecting the placement of, access to, parental
 3529  time with, adoption of, or parental rights and responsibilities
 3530  for the minor child.
 3531         4. If the petitioner and respondent have an existing
 3532  parenting plan or time-sharing schedule under another court
 3533  order, designating that the exchange of the minor child or
 3534  children of the parties must occur at a neutral safe exchange
 3535  location as provided in s. 125.01(8) or a location authorized by
 3536  a supervised visitation program as defined in s. 753.01 if the
 3537  court determines it is in the best interests of the child after
 3538  consideration of all of the factors specified in s. 61.13(3).
 3539         5. Awarding to the petitioner the temporary exclusive care,
 3540  possession, or control of an animal that is owned, possessed,
 3541  harbored, kept, or held by the petitioner, the respondent, or a
 3542  minor child residing in the residence or household of the
 3543  petitioner or respondent. The court may order the respondent to
 3544  temporarily have no contact with the animal and prohibit the
 3545  respondent from taking, transferring, encumbering, concealing,
 3546  harming, or otherwise disposing of the animal. This subparagraph
 3547  does not apply to an animal owned primarily for a bona fide
 3548  agricultural purpose, as defined under s. 193.461, or to a
 3549  service animal, as defined under s. 413.08, if the respondent is
 3550  the service animal’s handler.
 3551         (6)(a) Upon notice and hearing, when it appears to the
 3552  court that the petitioner is either the victim of domestic
 3553  violence as defined by s. 741.28 or has reasonable cause to
 3554  believe he or she is in imminent danger of becoming a victim of
 3555  domestic violence, the court may grant such relief as the court
 3556  deems proper, including an injunction:
 3557         1. Restraining the respondent from committing any acts of
 3558  domestic violence.
 3559         2. Awarding to the petitioner the exclusive use and
 3560  possession of the dwelling that the parties share or excluding
 3561  the respondent from the residence of the petitioner.
 3562         3. On the same basis as provided in chapter 61, providing
 3563  the petitioner with 100 percent of the time-sharing in a
 3564  temporary parenting plan that remains in effect until the order
 3565  expires or an order is entered by a court of competent
 3566  jurisdiction in a pending or subsequent civil action or
 3567  proceeding affecting the placement of, access to, parental time
 3568  with, adoption of, or parental rights and responsibilities for
 3569  the minor child.
 3570         4. If the petitioner and respondent have an existing
 3571  parenting plan or time-sharing schedule under another court
 3572  order, designating that the exchange of the minor child or
 3573  children of the parties must occur at a neutral safe exchange
 3574  location as provided in s. 125.01(8) or a location authorized by
 3575  a supervised visitation program as defined in s. 753.01 if the
 3576  court determines it is in the best interests of the child after
 3577  consideration of all of the factors specified in s. 61.13(3).
 3578         5. On the same basis as provided in chapter 61,
 3579  establishing temporary support for a minor child or children or
 3580  the petitioner. An order of temporary support remains in effect
 3581  until the order expires or an order is entered by a court of
 3582  competent jurisdiction in a pending or subsequent civil action
 3583  or proceeding affecting child support.
 3584         6. Ordering the respondent to participate in treatment,
 3585  intervention, or counseling services to be paid for by the
 3586  respondent. When the court orders the respondent to participate
 3587  in a batterers’ intervention program, the court, or any entity
 3588  designated by the court, must provide the respondent with a list
 3589  of batterers’ intervention programs from which the respondent
 3590  must choose a program in which to participate.
 3591         7. Referring a petitioner to a certified domestic violence
 3592  center. The court must provide the petitioner with a list of
 3593  certified domestic violence centers in the circuit which the
 3594  petitioner may contact.
 3595         8. Awarding to the petitioner the exclusive care,
 3596  possession, or control of an animal that is owned, possessed,
 3597  harbored, kept, or held by the petitioner, the respondent, or a
 3598  minor child residing in the residence or household of the
 3599  petitioner or respondent. The court may order the respondent to
 3600  have no contact with the animal and prohibit the respondent from
 3601  taking, transferring, encumbering, concealing, harming, or
 3602  otherwise disposing of the animal. This subparagraph does not
 3603  apply to an animal owned primarily for a bona fide agricultural
 3604  purpose, as defined under s. 193.461, or to a service animal, as
 3605  defined under s. 413.08, if the respondent is the service
 3606  animal’s handler.
 3607         9. Ordering such other relief as the court deems necessary
 3608  for the protection of a victim of domestic violence, including
 3609  injunctions or directives to law enforcement agencies, as
 3610  provided in this section.
 3611         Section 106. For the purpose of incorporating the amendment
 3612  made by this act to section 193.461, Florida Statutes, in a
 3613  reference thereto, paragraph (a) of subsection (5) of section
 3614  810.011, Florida Statutes, is reenacted to read:
 3615         810.011 Definitions.—As used in this chapter:
 3616         (5)(a) “Posted land” is land upon which any of the
 3617  following are placed:
 3618         1. Signs placed not more than 500 feet apart along and at
 3619  each corner of the boundaries of the land or, for land owned by
 3620  a water control district that exists pursuant to chapter 298 or
 3621  was created by special act of the Legislature, signs placed at
 3622  or near the intersection of any district canal right-of-way and
 3623  a road right-of-way or, for land classified as agricultural
 3624  pursuant to s. 193.461, signs placed at each point of ingress
 3625  and at each corner of the boundaries of the agricultural land,
 3626  which prominently display in letters of not less than 2 inches
 3627  in height the words “no trespassing” and the name of the owner,
 3628  lessee, or occupant of the land. The signs must be placed along
 3629  the boundary line of posted land in a manner and in such
 3630  position as to be clearly noticeable from outside the boundary
 3631  line; or
 3632         2.a. A conspicuous no trespassing notice is painted on
 3633  trees or posts on the property, provided that the notice is:
 3634         (I) Painted in an international orange color and displaying
 3635  the stenciled words “No Trespassing” in letters no less than 2
 3636  inches high and 1 inch wide either vertically or horizontally;
 3637         (II) Placed so that the bottom of the painted notice is not
 3638  less than 3 feet from the ground or more than 5 feet from the
 3639  ground; and
 3640         (III) Placed at locations that are readily visible to any
 3641  person approaching the property and no more than 500 feet apart
 3642  on agricultural land.
 3643         b. When a landowner uses the painted no trespassing posting
 3644  to identify a no trespassing area, those painted notices must be
 3645  accompanied by signs complying with subparagraph 1. and must be
 3646  placed conspicuously at all places where entry to the property
 3647  is normally expected or known to occur.
 3648         Section 107. For the purpose of incorporating the amendment
 3649  made by this act to section 193.461, Florida Statutes, in a
 3650  reference thereto, subsection (6) of section 823.14, Florida
 3651  Statutes, is reenacted to read:
 3652         823.14 Florida Right to Farm Act.—
 3653         (6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION.—It
 3654  is the intent of the Legislature to eliminate duplication of
 3655  regulatory authority over farm operations as expressed in this
 3656  subsection. Except as otherwise provided for in this section and
 3657  s. 487.051(2), and notwithstanding any other provision of law, a
 3658  local government may not adopt any ordinance, regulation, rule,
 3659  or policy to prohibit, restrict, regulate, or otherwise limit an
 3660  activity of a bona fide farm operation on land classified as
 3661  agricultural land pursuant to s. 193.461, where such activity is
 3662  regulated through implemented best management practices or
 3663  interim measures developed by the Department of Environmental
 3664  Protection, the Department of Agriculture and Consumer Services,
 3665  or water management districts and adopted under chapter 120 as
 3666  part of a statewide or regional program. When an activity of a
 3667  farm operation takes place within a wellfield protection area as
 3668  defined in any wellfield protection ordinance adopted by a local
 3669  government, and the adopted best management practice or interim
 3670  measure does not specifically address wellfield protection, a
 3671  local government may regulate that activity pursuant to such
 3672  ordinance. This subsection does not limit the powers and duties
 3673  provided for in s. 373.4592 or limit the powers and duties of
 3674  any local government to address an emergency as provided for in
 3675  chapter 252.
 3676         Section 108. For the purpose of incorporating the amendment
 3677  made by this act to section 388.271, Florida Statutes, in a
 3678  reference thereto, paragraph (a) of subsection (1) of section
 3679  189.062, Florida Statutes, is reenacted to read:
 3680         189.062 Special procedures for inactive districts.—
 3681         (1) The department shall declare inactive any special
 3682  district in this state by documenting that:
 3683         (a) The special district meets one of the following
 3684  criteria:
 3685         1. The registered agent of the district, the chair of the
 3686  governing body of the district, or the governing body of the
 3687  appropriate local general-purpose government notifies the
 3688  department in writing that the district has taken no action for
 3689  2 or more years;
 3690         2. The registered agent of the district, the chair of the
 3691  governing body of the district, or the governing body of the
 3692  appropriate local general-purpose government notifies the
 3693  department in writing that the district has not had a governing
 3694  body or a sufficient number of governing body members to
 3695  constitute a quorum for 2 or more years;
 3696         3. The registered agent of the district, the chair of the
 3697  governing body of the district, or the governing body of the
 3698  appropriate local general-purpose government fails to respond to
 3699  an inquiry by the department within 21 days;
 3700         4. The department determines, pursuant to s. 189.067, that
 3701  the district has failed to file any of the reports listed in s.
 3702  189.066;
 3703         5. The district has not had a registered office and agent
 3704  on file with the department for 1 or more years;
 3705         6. The governing body of a special district provides
 3706  documentation to the department that it has unanimously adopted
 3707  a resolution declaring the special district inactive. The
 3708  special district is responsible for payment of any expenses
 3709  associated with its dissolution;
 3710         7. The district is an independent special district or a
 3711  community redevelopment district created under part III of
 3712  chapter 163 that has reported no revenue, no expenditures, and
 3713  no debt under s. 189.016(9) or s. 218.32 for at least 5
 3714  consecutive fiscal years beginning no earlier than October 1,
 3715  2018. This subparagraph does not apply to a community
 3716  development district established under chapter 190 or to any
 3717  independent special district operating pursuant to a special act
 3718  that provides that any amendment to chapter 190 to grant
 3719  additional powers constitutes a power of that district; or
 3720         8. For a mosquito control district created pursuant to
 3721  chapter 388, the department has received notice from the
 3722  Department of Agriculture and Consumer Services that the
 3723  district has failed to file a tentative work plan and tentative
 3724  detailed work plan budget as required by s. 388.271.
 3725         Section 109. For the purpose of incorporating the amendment
 3726  made by this act to section 388.271, Florida Statutes, in a
 3727  reference thereto, subsection (7) of section 388.261, Florida
 3728  Statutes, is reenacted to read:
 3729         388.261 State aid to counties and districts for arthropod
 3730  control; distribution priorities and limitations.—
 3731         (7) The department may use state funds appropriated for a
 3732  county or district under subsection (1) or subsection (2) to
 3733  provide state mosquito or other arthropod control equipment,
 3734  supplies, or services when requested by a county or district
 3735  eligible to receive state funds under s. 388.271.
 3736         Section 110. For the purpose of incorporating the amendment
 3737  made by this act to section 482.161, Florida Statutes, in a
 3738  reference thereto, paragraph (b) of subsection (3) of section
 3739  482.072, Florida Statutes, is reenacted to read:
 3740         482.072 Pest control customer contact centers.—
 3741         (3)
 3742         (b) Notwithstanding any other provision of this section:
 3743         1. A customer contact center licensee is subject to
 3744  disciplinary action under s. 482.161 for a violation of this
 3745  section or a rule adopted under this section committed by a
 3746  person who solicits pest control services or provides customer
 3747  service in a customer contact center.
 3748         2. A pest control business licensee may be subject to
 3749  disciplinary action under s. 482.161 for a violation of this
 3750  section or a rule adopted under this section committed by a
 3751  person who solicits pest control services or provides customer
 3752  service in a customer contact center operated by a licensee if
 3753  the licensee participates in the violation.
 3754         Section 111. For the purpose of incorporating the amendment
 3755  made by this act to section 482.161, Florida Statutes, in a
 3756  reference thereto, section 482.163, Florida Statutes, is
 3757  reenacted to read:
 3758         482.163 Responsibility for pest control activities of
 3759  employee.—Proper performance of pest control activities by a
 3760  pest control business employee is the responsibility not only of
 3761  the employee but also of the certified operator in charge, and
 3762  the certified operator in charge may be disciplined pursuant to
 3763  the provisions of s. 482.161 for the pest control activities of
 3764  an employee. A licensee may not automatically be considered
 3765  responsible for violations made by an employee. However, the
 3766  licensee may not knowingly encourage, aid, or abet violations of
 3767  this chapter.
 3768         Section 112. For the purpose of incorporating the amendment
 3769  made by this act to section 487.044, Florida Statutes, in a
 3770  reference thereto, section 487.156, Florida Statutes, is
 3771  reenacted to read:
 3772         487.156 Governmental agencies.—All governmental agencies
 3773  shall be subject to the provisions of this part and rules
 3774  adopted under this part. Public applicators using or supervising
 3775  the use of restricted-use pesticides shall be subject to
 3776  examination as provided in s. 487.044.
 3777         Section 113. For the purpose of incorporating the amendment
 3778  made by this act to section 496.405, Florida Statutes, in a
 3779  reference thereto, subsection (2) of section 496.4055, Florida
 3780  Statutes, is reenacted to read:
 3781         496.4055 Charitable organization or sponsor board duties.—
 3782         (2) The board of directors, or an authorized committee
 3783  thereof, of a charitable organization or sponsor required to
 3784  register with the department under s. 496.405 shall adopt a
 3785  policy regarding conflict of interest transactions. The policy
 3786  shall require annual certification of compliance with the policy
 3787  by all directors, officers, and trustees of the charitable
 3788  organization. A copy of the annual certification shall be
 3789  submitted to the department with the annual registration
 3790  statement required by s. 496.405.
 3791         Section 114. For the purpose of incorporating the amendment
 3792  made by this act to section 496.405, Florida Statutes, in
 3793  references thereto, subsections (2) and (4) of section 496.406,
 3794  Florida Statutes, are reenacted to read:
 3795         496.406 Exemption from registration.—
 3796         (2) Before soliciting contributions, a charitable
 3797  organization or sponsor claiming to be exempt from the
 3798  registration requirements of s. 496.405 under paragraph (1)(d)
 3799  must submit annually to the department, on forms prescribed by
 3800  the department:
 3801         (a) The name, street address, and telephone number of the
 3802  charitable organization or sponsor, the name under which it
 3803  intends to solicit contributions, the purpose for which it is
 3804  organized, and the purpose or purposes for which the
 3805  contributions to be solicited will be used.
 3806         (b) The tax exempt status of the organization.
 3807         (c) The date on which the organization’s fiscal year ends.
 3808         (d) The names, street addresses, and telephone numbers of
 3809  the individuals or officers who have final responsibility for
 3810  the custody of the contributions and who will be responsible for
 3811  the final distribution of the contributions.
 3812         (e) A financial statement of support, revenue, and expenses
 3813  and a statement of functional expenses that must include, but
 3814  not be limited to, expenses in the following categories:
 3815  program, management and general, and fundraising. In lieu of the
 3816  financial statement, a charitable organization or sponsor may
 3817  submit a copy of its Internal Revenue Service Form 990 and all
 3818  attached schedules or Internal Revenue Service Form 990-EZ and
 3819  Schedule O.
 3820         (4) Exemption from the registration requirements of s.
 3821  496.405 does not limit the applicability of other provisions of
 3822  this section to a charitable organization or sponsor.
 3823         Section 115. For the purpose of incorporating the amendment
 3824  made by this act to section 500.12, Florida Statutes, in a
 3825  reference thereto, paragraph (a) of subsection (1) of section
 3826  500.80, Florida Statutes, is reenacted to read:
 3827         500.80 Cottage food operations.—
 3828         (1)(a) A cottage food operation must comply with the
 3829  applicable requirements of this chapter but is exempt from the
 3830  permitting requirements of s. 500.12 if the cottage food
 3831  operation complies with this section and has annual gross sales
 3832  of cottage food products that do not exceed $250,000.
 3833         Section 116. For the purpose of incorporating the amendment
 3834  made by this act to section 500.172, Florida Statutes, in a
 3835  reference thereto, subsection (6) of section 500.121, Florida
 3836  Statutes, is reenacted to read:
 3837         500.121 Disciplinary procedures.—
 3838         (6) If the department determines that a food offered in a
 3839  food establishment is labeled with nutrient claims that are in
 3840  violation of this chapter, the department shall retest or
 3841  reexamine the product within 90 days after notification to the
 3842  manufacturer and to the firm at which the product was collected.
 3843  If the product is again found in violation, the department shall
 3844  test or examine the product for a third time within 60 days
 3845  after the second notification. The product manufacturer shall
 3846  reimburse the department for the cost of the third test or
 3847  examination. If the product is found in violation for a third
 3848  time, the department shall exercise its authority under s.
 3849  500.172 and issue a stop-sale or stop-use order. The department
 3850  may impose additional sanctions for violations of this
 3851  subsection.
 3852         Section 117. For the purpose of incorporating the amendment
 3853  made by this act to section 790.06, Florida Statutes, in a
 3854  reference thereto, section 790.061, Florida Statutes, is
 3855  reenacted to read:
 3856         790.061 Judges and justices; exceptions from licensure
 3857  provisions.—A county court judge, circuit court judge, district
 3858  court of appeal judge, justice of the supreme court, federal
 3859  district court judge, or federal court of appeals judge serving
 3860  in this state is not required to comply with the provisions of
 3861  s. 790.06 in order to receive a license to carry a concealed
 3862  weapon or firearm, except that any such justice or judge must
 3863  comply with the provisions of s. 790.06(2)(h). The Department of
 3864  Agriculture and Consumer Services shall issue a license to carry
 3865  a concealed weapon or firearm to any such justice or judge upon
 3866  demonstration of competence of the justice or judge pursuant to
 3867  s. 790.06(2)(h).
 3868         Section 118. This act shall take effect July 1, 2025.