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 570.694 Florida 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 570.823 Silviculture 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 687.16 Florida 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.