Florida Senate - 2025 CS for CS for SB 700
By the Appropriations Committee on Agriculture, Environment, and
General Government; the Committee on Agriculture; and Senator
Truenow
601-02921-25 2025700c2
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 Services 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; creating s. 570.831, F.S.; requiring the
364 Cattle Enhancement Board, Inc., in coordination with
365 the department, to establish a Florida beef marketing
366 program, subject to appropriation; providing a purpose
367 for such program; amending s. 581.1843, F.S.; deleting
368 provisions that exclude certain citrus nurseries from
369 certain requirements; deleting provisions relating to
370 regulated areas around the perimeter of commercial
371 citrus nurseries; repealing ss. 593.101, 593.102,
372 593.103, 593.104, 593.105, 593.106, 593.107, 593.108,
373 593.109, 593.11, 593.111, 593.112, 593.113, 593.114,
374 593.1141, 593.1142, 593.115, 593.116, and 593.117,
375 F.S., relating to the Florida Boll Weevil Eradication
376 Law; definitions; powers and duties of Department of
377 Agriculture and Consumer Services; the entry of
378 premises to carry out boll weevil eradication
379 activities and inspections; reports by persons growing
380 cotton; quarantine areas and the regulation of
381 articles within a boll weevil eradication zone; the
382 regulation of collection, transportation,
383 distribution, and movement of cotton; cooperative
384 programs for persons engaged in growing, processing,
385 marketing, or handling cotton; the department’s
386 authority to designate eradication zones, prohibit
387 planting of cotton, and require participation in
388 eradication program; regulation of the pasturage of
389 livestock, entry by persons, and location of honeybee
390 colonies in eradication zones and other areas;
391 eligibility for certification of cotton growers’
392 organization; the certification of cotton growers’
393 organization; a referendum; an assessment; the
394 department’s authority to enter agreements with the
395 Farm Service Agency; liens; mandamus or injunction;
396 penalty for violation; and the handling of moneys
397 received, respectively; amending s. 595.404, F.S.;
398 revising the department’s powers and duties regarding
399 school nutrition programs; amending s. 599.002, F.S.;
400 renaming the Viticulture Advisory Council as the
401 Florida Wine Advisory Council; revising the membership
402 of the Florida Wine Advisory Council; conforming
403 provisions to changes made by the act; amending s.
404 599.003, F.S.; renaming the State Viticulture Plan as
405 the State Wine Plan; conforming provisions to changes
406 made by the act; amending s. 599.004, F.S.; making
407 technical changes; providing that wineries that fail
408 to recertify annually or pay a specified licensing fee
409 are subject to certain actions and costs; conforming
410 provisions to changes made by the act; amending s.
411 599.012, F.S.; conforming provisions to changes made
412 by the act; amending s. 616.12, F.S.; deleting
413 provisions requiring a person who operates a minstrel
414 show in connection with any certain public fairs to
415 pay specified license taxes; deleting a provision that
416 exempts such person from paying specified taxes;
417 creating s. 687.16, F.S.; providing a short title;
418 defining terms; prohibiting a financial institution
419 from discriminating in the provision of financial
420 services to an agricultural producer based on an ESG
421 factor; providing an inference with regard to a
422 certain violation; providing that the financial
423 institution may overcome the inference by making
424 certain demonstrations regarding its denial or
425 restriction of financial services to an agricultural
426 producer; authorizing the Attorney General to enforce
427 specified provisions; providing that a violation of
428 specified provisions constitutes an unfair and
429 deceptive trade practice; authorizing the Attorney
430 General to investigate and seek remedies for such
431 unfair trade practices; authorizing an aggrieved party
432 to seek an action for damages; amending s. 741.0305,
433 F.S.; conforming a cross-reference; amending s.
434 790.06, F.S.; revising the circumstances under which
435 the department may temporarily suspend a person’s
436 license to carry a concealed weapon or concealed
437 firearm or the processing of an application for such
438 license; requiring the department to notify certain
439 licensees or applicants of his or her right to a
440 hearing; requiring that the hearing regarding such
441 suspension of license be for a limited purpose;
442 requiring the department to issue an order lifting the
443 suspension of an applicant’s license upon a certain
444 disposition of the criminal case; requiring that the
445 suspension remain in effect upon a certain disposition
446 of the criminal case; providing construction;
447 providing legislative findings; revising the duties of
448 the department after the date of receipt of a
449 completed application for a license to carry a
450 concealed weapon or concealed firearm; requiring that
451 a license issued under this section be temporarily
452 suspended or revoked if the license was issued in
453 error or if the licensee commits certain actions;
454 amending s. 812.0151, F.S.; revising the elements of
455 third degree and second degree felony retail fuel
456 theft; creating s. 812.136, F.S.; defining terms;
457 providing elements for the crime of mail theft;
458 providing elements of theft of or unauthorized
459 reproduction of a mail depository key or lock;
460 providing criminal penalties; amending s. 934.50,
461 F.S.; deleting certain exceptions from the prohibited
462 uses of drones; creating s. 1013.373, F.S.;
463 prohibiting a local government from adopting any
464 measure to limit the activities of public educational
465 facilities or auxiliary facilities constructed by
466 certain organizations; requiring that lands used for
467 agricultural education or for the Future Farmers of
468 America or 4-H activities be considered agricultural
469 lands; reenacting s. 295.07(5)(a), F.S., relating to
470 preference in appointment and retention, to
471 incorporate the amendment made to s. 110.205, F.S., in
472 a reference thereto; reenacting ss. 189.062(1)(a) and
473 388.261(7), F.S., relating to special procedures for
474 inactive districts and state aid to counties and
475 districts for arthropod control, respectively, to
476 incorporate the amendment made to s. 388.271, F.S., in
477 references thereto; reenacting ss. 482.072(3)(b) and
478 482.163, F.S., relating to pest control customer
479 contact centers and responsibility for pest control
480 activities of employee, respectively, to incorporate
481 the amendment made to s. 482.161, F.S., in references
482 thereto; reenacting s. 487.156, F.S., relating to
483 governmental agencies, to incorporate the amendment
484 made to s. 487.044, F.S., in a reference thereto;
485 reenacting ss. 496.4055(2) and 496.406(2) and (4),
486 F.S., relating to charitable organization or sponsor
487 board duties and exemption from registration,
488 respectively, to incorporate the amendment made to s.
489 496.405, F.S., in references thereto; reenacting s.
490 500.80(1)(a), F.S., relating to cottage food
491 operations, to incorporate the amendment made to s.
492 500.12, F.S., in a reference thereto; reenacting s.
493 500.121(6), F.S., relating to disciplinary procedures,
494 to incorporate the amendment made to s. 500.172, F.S.,
495 in a reference thereto; reenacting s. 790.061, F.S.,
496 relating to judges and justices, to incorporate the
497 amendment made to s. 790.06, F.S., in a reference
498 thereto; providing an effective date.
499
500 Be It Enacted by the Legislature of the State of Florida:
501
502 Section 1. Paragraph (m) of subsection (2) of section
503 110.205, Florida Statutes, is amended to read:
504 110.205 Career service; exemptions.—
505 (2) EXEMPT POSITIONS.—The exempt positions that are not
506 covered by this part include the following:
507 (m) All assistant division director, deputy division
508 director, and bureau chief positions in any department, and
509 those positions determined by the department to have managerial
510 responsibilities comparable to such positions, which include,
511 but are not limited to:
512 1. Positions in The Department of Health and the Department
513 of Children and Families which are assigned primary duties of
514 serving as the superintendent or assistant superintendent of an
515 institution.
516 2. Positions in The Department of Corrections which are
517 assigned primary duties of serving as the warden, assistant
518 warden, colonel, or major of an institution or that are assigned
519 primary duties of serving as the circuit administrator or deputy
520 circuit administrator.
521 3. Positions in The Department of Transportation which are
522 assigned primary duties of serving as regional toll managers and
523 managers of offices, as specified in s. 20.23(3)(b) and (4)(c).
524 4. Positions in The Department of Environmental Protection
525 which are assigned the duty of an Environmental Administrator or
526 program administrator.
527 5. Positions in The Department of Health which are assigned
528 the duties of Environmental Administrator, Assistant County
529 Health Department Director, and County Health Department
530 Financial Administrator.
531 6. Positions in The Department of Highway Safety and Motor
532 Vehicles which are assigned primary duties of serving as
533 captains in the Florida Highway Patrol.
534 7. Positions in the Department of Agriculture and Consumer
535 Services which are assigned primary duties of serving as
536 captains or majors in the Office of Agricultural Law
537 Enforcement.
538
539 Unless otherwise fixed by law, the department shall set the
540 salary and benefits of the positions listed in this paragraph in
541 accordance with the rules established for the Selected Exempt
542 Service.
543 Section 2. Present paragraphs (a) through (d) of subsection
544 (2) of section 163.3162, Florida Statutes, are redesignated as
545 paragraphs (b) through (e), respectively, new paragraph (a) and
546 paragraphs (f) and (g) are added to that subsection, and
547 subsections (5), (6), and (7) are added to that section, to
548 read:
549 163.3162 Agricultural Lands and Practices.—
550 (2) DEFINITIONS.—As used in this section, the term:
551 (a) “Department” means the Department of Agriculture and
552 Consumer Services.
553 (f) “Housing site” means the totality of development
554 supporting authorized housing, including buildings, mobile
555 homes, barracks, dormitories used as living quarters, parking
556 areas, common areas such as athletic fields or playgrounds,
557 storage structures, and other related structures.
558 (g) “Legally verified agricultural worker” means a person
559 who:
560 1. Is lawfully present in the United States;
561 2. Meets the definition of eligible worker pursuant to 29
562 C.F.R. s. 502.10;
563 3. Has been verified through the process provided in s.
564 448.095(2) and is authorized to work at the time of employment;
565 4. Is seasonally or annually employed in bona fide
566 agricultural production;
567 5. Remains lawfully present and authorized to work
568 throughout the duration of that employment; and
569 6. Is not an unauthorized alien as defined in s.
570 448.095(1).
571 (5) HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS.—
572 (a) A governmental entity may not adopt or enforce any
573 legislation, regulation, or ordinance to inhibit the
574 construction or installation of housing for legally verified
575 agricultural workers on land classified as agricultural land
576 pursuant to s. 193.461 which is operated as a bona fide farm
577 except as provided in this subsection.
578 (b) Construction or installation of housing units for
579 legally verified agricultural workers on parcels of land
580 classified as agricultural land under s. 193.461 must satisfy
581 all of the following criteria:
582 1. The dwelling units must meet federal, state, and local
583 building standards, including standards of the Department of
584 Health adopted pursuant to ss. 381.008-381.00897 and federal
585 standards for H-2A visa housing. If written notice of intent is
586 required to be submitted to the Department of Health pursuant to
587 s. 381.0083, the appropriate governmental entity with
588 jurisdiction over the agricultural lands may also require
589 submittal of a copy of the written notice.
590 2. The housing site must be maintained in a neat, orderly,
591 and safe manner.
592 3. All structures containing dwelling units must be located
593 a minimum of 10 feet apart.
594 4. The square footage of the housing site’s climate
595 controlled facilities may not exceed 1.5 percent of the
596 property’s area or 35,000 square feet, whichever is less.
597 5. A housing site must provide front, side, and rear yard
598 setbacks of at least 50 feet. However, an internal project
599 driveway may be located in the required yard space if the yard
600 is adjacent to a public roadway or to property that is under
601 common ownership with the housing site.
602 6. A housing site must be located at least 100 feet from a
603 property line adjacent to property zoned for residential use. If
604 the housing site is located less than 250 feet from any property
605 line, screening must be provided between the housing site and
606 any residentially developed adjacent parcels that are under
607 different ownership. The screening may be designed in any of the
608 following ways:
609 a. Evergreen plants that, at the time of planting, are at
610 least 6 feet in height and provide an overall screening opacity
611 of 75 percent;
612 b. A masonry wall at least 6 feet in height and finished on
613 all sides with brick, stone, or painted or pigmented stucco;
614 c. A solid wood or PVC fence at least 6 feet in height with
615 the finished side of the fence facing out;
616 d. A row of evergreen shade trees that, at the time of
617 planting, are at least 10 feet in height, a minimum of 2-inch
618 caliper, and spaced no more than 20 feet apart; or
619 e. A berm made with a combination of the materials listed
620 in sub-subparagraphs a.-d., which is at least 6 feet in height
621 and provides an overall screening capacity of 75 percent at the
622 time of installation.
623 7. All access driveways that serve the housing site must be
624 made of packed shell, gravel, or a similar material that will
625 provide a relatively dust-free surface.
626 (c) Any local ordinance adopted pursuant to this subsection
627 must comply with all state and federal regulations for migrant
628 farmworker housing, as applicable, including rules adopted by
629 the Department of Health pursuant to ss. 381.008–381.00897 and
630 federal regulations under the Migrant and Seasonal Agricultural
631 Worker Protection Act or the H-2A visa program. A governmental
632 entity may adopt local government land use regulations that are
633 less restrictive than this subsection, but which still meet
634 regulations established by the Department of Health pursuant to
635 ss. 381.008–381.00897 and federal regulations under the Migrant
636 and Seasonal Agricultural Worker Protection Act or the H-2A visa
637 program. An ordinance adopted pursuant to this paragraph may not
638 conflict with the definition and requirements of a legally
639 verified agricultural worker.
640 (d) Beginning July 1, 2025, a property owner must maintain
641 records of all approved permits, including successor permits,
642 for migrant labor camps or residential migrant housing as
643 required under s. 381.0081. A property owner must maintain such
644 records for at least 3 years and make the records available for
645 inspection within 14 days after receipt of a request for records
646 by a governmental entity.
647 (e) A housing site may not continue to be used and may be
648 required to be removed under the following circumstances:
649 1. If, for any reason, a housing site is not being used for
650 legally verified agricultural workers for longer than 365 days,
651 any structure used as living quarters must be removed from the
652 housing site within 180 days after receipt of written
653 notification from the county unless the property owner can
654 demonstrate that use of the site for housing legally verified
655 agricultural workers will occur within 90 days after the written
656 notification.
657 2. If the property on which the housing site is located
658 ceases to be classified as agricultural land pursuant to s.
659 193.461.
660 3. If the permit authorized by the Department of Health for
661 the housing site is revoked, all structures must be removed from
662 the housing site within 180 days after receipt of written
663 notification from the county unless the permit is reinstated by
664 the Department of Health.
665 4. If a housing site is found to be occupied by any person
666 who does not meet the definition of a legally verified
667 agricultural worker, or is otherwise unlawfully present in the
668 United States. A property owner who violates this subparagraph
669 is subject to a Class I fine pursuant to s. 570.971, not to
670 exceed $1,000, for the first violation, and a Class II fine, not
671 to exceed $5,000, for any subsequent violations. The fines shall
672 be collected by the clerk of the court of the county in which
673 the violation occurred.
674 (f) Notwithstanding this subsection, the construction or
675 installation of housing for legally verified agricultural
676 workers in the Florida Keys Area of Critical State Concern or
677 the City of Key West Area of Critical State Concern is subject
678 to the permit allocation systems of the Florida Keys Area of
679 Critical State Concern or City of Key West Area of Critical
680 State Concern, respectively.
681 (g) A housing site that was constructed and in use before
682 July 1, 2024, may continue to be used, and the property owner
683 may not be required by a governmental entity to make changes to
684 meet the requirements of this subsection, unless the housing
685 site will be enlarged, remodeled, renovated, or rehabilitated.
686 The property owner of a housing site authorized under this
687 paragraph must provide regular maintenance and repair, including
688 compliance with health and safety regulations and maintenance
689 standards, for such housing site to ensure the health, safety,
690 and habitability of the housing site.
691 (6) DATA COLLECTION.—The department shall adopt rules
692 providing for:
693 (a) A method for government entities to submit reports of
694 property owners who have a housing site for legally verified
695 agriculture workers on lands classified as agricultural land
696 pursuant to s. 193.461, as provided in this section.
697 (b) A method for persons to submit complaints for review
698 and investigation by the Department.
699
700 Government entities shall provide this information quarterly to
701 the department in a format and timeframe prescribed by rule.
702 (7) ENFORCEMENT.—
703 (a) In addition to the enforcement methods of employment
704 verification outlined in s. 448.095, the department shall
705 enforce the requirements of subsection (5). Enforcement includes
706 completing routine inspections based on a random sample of data
707 collected by government entities and submitted to the
708 department, the investigation and review of complaints, and the
709 enforcement of violations.
710 (b) The department shall submit the information collected
711 to the State Board of Immigration Enforcement on a quarterly
712 basis, except that the first quarter shall begin 60 days after
713 the first quarterly data report under subsection (6) by a
714 government entity is received and reviewed by the department.
715 Section 3. Subsection (3) of section 201.25, Florida
716 Statutes, is amended to read:
717 201.25 Tax exemptions for certain loans.—There shall be
718 exempt from all taxes imposed by this chapter:
719 (3) Any loan made by the Agriculture and Aquaculture
720 Producers Emergency Natural Disaster Recovery Loan Program
721 pursuant to s. 570.822.
722 Section 4. Subsection (19) is added to section 253.0341,
723 Florida Statutes, to read:
724 253.0341 Surplus of state-owned lands.—
725 (19) Notwithstanding any other law or rule, the Department
726 of Agriculture and Consumer Services may surplus lands acquired
727 pursuant to s. 366.20 which are determined to be suitable for
728 bona fide agricultural production, as defined in s. 193.461. The
729 Department of Agriculture and Consumer Services shall consult
730 with the Department of Environmental Protection in the process
731 of making such determination. In the event that lands acquired
732 pursuant to s. 366.20, which are determined to be suitable for
733 bona fide agricultural production are surplused, the Department
734 of Agriculture and Consumer Services must retain a rural-lands
735 protection easements pursuant to s. 570.71(3), and all proceeds
736 must be deposited into the Incidental Trust Fund within the
737 Department of Agriculture and Consumer Services for less than
738 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
739 By January 1, 2026, and each January 1 thereafter, the
740 Department of Agriculture and Consumer Services shall provide a
741 report of lands surplused pursuant to this subsection to the
742 board.
743 (a) Any lands designated as a state forest, state park, or
744 wildlife management area are ineligible to be surplused pursuant
745 to this subsection.
746 (b) This subsection is retroactive to January 1, 2009.
747 Section 5. Present paragraphs (a) through (d) and (e) of
748 subsection (2) and subsection (6) of section 330.41, Florida
749 Statutes, are redesignated as paragraphs (b) through (e) and (j)
750 of subsection (2) and subsection (8), respectively, new
751 paragraphs (a) and (f) and paragraphs (g), (h), and (i) are
752 added to subsection (2) and new subsection (6) and subsection
753 (7) are added to that section, and paragraph (d) of subsection
754 (4) of that section is amended, to read:
755 330.41 Unmanned Aircraft Systems Act.—
756 (2) DEFINITIONS.—As used in this act, the term:
757 (a) “Commercial property” means real property other than
758 residential property. The term includes, but is not limited to,
759 a property zoned multifamily residential which is comprised of
760 five or more dwelling units, and real property used for
761 commercial, industrial, or agricultural purposes.
762 (f) “Private property” means any residential or commercial
763 property.
764 (g) “Property owner” means the owner or owners of record of
765 real property. The term includes real property held in trust for
766 the benefit of one or more individuals, in which case the
767 individual or individuals may be considered as the property
768 owner or owners, provided that the trustee provides written
769 consent. The term does not include persons renting, using,
770 living, or otherwise occupying real property.
771 (h) “Residential property” means real property zoned as
772 residential or multifamily residential and composed of four or
773 fewer dwelling units.
774 (i) “Sport shooting and training range” has the same
775 meaning as in s. 790.333(3)(h).
776 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
777 (d) This subsection and paragraph (2)(b) paragraph (2)(a)
778 shall sunset 60 days after the date that a process pursuant to
779 s. 2209 of the FAA Extension, Safety and Security Act of 2016
780 becomes effective.
781 (6) PROTECTION OF AGRICULTURAL LANDS.—
782 (a) A person may not knowingly or willfully do any of the
783 following on lands classified as agricultural lands pursuant to
784 s. 193.461:
785 1. Allow a drone to make contact with any person or object
786 on the premises of or within the boundaries of such lands.
787 2. Allow a drone to come within a distance close enough to
788 such lands to interfere with or cause a disturbance to
789 agricultural production.
790 (b) A person who violates paragraph (a) commits a
791 misdemeanor of the second degree, punishable as provided in s.
792 775.082 or s. 775.083. A person who commits a second or
793 subsequent violation commits a misdemeanor of the first degree,
794 punishable as provided in s. 775.082 or s. 775.083.
795 (c) This subsection does not apply to actions identified in
796 paragraph (a) which are committed by:
797 1. The owner of the agricultural lands, or a person acting
798 under the prior written consent of the owner of the agricultural
799 lands.
800 2. A person or entity acting in compliance with the
801 provisions of s. 934.50.
802 (7) PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING
803 LANDS.—
804 (a) A person may not knowingly or willfully allow a drone
805 to make contact with private property, state wildlife management
806 lands, or a sport shooting and training range or any person or
807 object on the premises of or within such property with the
808 intent to harass.
809 (b) A person who violates paragraph (a) commits a
810 misdemeanor of the second degree, punishable as provided in s.
811 775.082 or s. 775.083. A person who commits a second or
812 subsequent violation commits a misdemeanor of the first degree,
813 punishable as provided in s. 775.082 or s. 775.083.
814 (c) A person who violates paragraph (a) and records video
815 of the private property, state wildlife management lands, or
816 sport shooting and training range, including any person or
817 object on the premises of or within the private property, state
818 wildlife management lands, or sport shooting and training range,
819 commits a misdemeanor of the first degree, punishable as
820 provided in s. 775.082 or s. 775.083. A person who commits a
821 second or subsequent violation commits a felony of the third
822 degree, punishable as provided in s. 775.082, s. 775.083, or s.
823 775.084.
824 (d) This subsection does not apply to actions identified in
825 paragraph (a) which are committed by:
826 1. The property owner of the private property or sport
827 shooting and training range, or a person acting under the prior
828 written consent of the property owner.
829 2. A person or entity acting in compliance with the
830 provisions of s. 934.50.
831 Section 6. Section 366.20, Florida Statutes, is created to
832 read:
833 366.20 Sale and management of lands owned by electric
834 utilities.—
835 (1) Lands acquired by an electric utility as defined in s.
836 361.11(2) which have been classified as agricultural lands
837 pursuant to s. 193.461 at any time in the 5 years preceding the
838 acquisition of the land by the electric utility must be offered
839 for fee simple acquisition by the Department of Agriculture and
840 Consumer Services before offering for sale or transferring the
841 land to a private individual or entity.
842 (2) Lands owned by an electric utility as defined in s.
843 361.11(2) which were classified as agricultural lands pursuant
844 to s. 193.461 at any time in the 5 years preceding the date of
845 acquisition of the land by the electric utility must be offered
846 for fee simple acquisition by the Department of Agriculture and
847 Consumer Services before offering for sale or transferring the
848 land to a private individual or entity.
849 (3) This section is retroactive to January 1, 2009.
850 Section 7. Present subsections (3) and (4) of section
851 366.94, Florida Statutes, are redesignated as subsections (4)
852 and (5), respectively, a new subsection (3) is added to that
853 section, and subsection (2) of that section is amended, to read:
854 366.94 Electric vehicle charging.—
855 (2)(a) As used in this section, the term “electric vehicle
856 charging station” means the area in the immediate vicinity of
857 electric vehicle supply equipment and includes the electric
858 vehicle supply equipment, supporting equipment, and associated
859 parking spaces. The regulation of electric vehicle charging
860 stations is preempted to the state.
861 (b)(a) A local governmental entity may not enact or enforce
862 an ordinance or regulation related to electric vehicle charging
863 stations.
864 (3)(a)(b) The Department of Agriculture and Consumer
865 Services shall adopt rules to implement this subsection and to
866 provide requirements for electric vehicle charging stations to
867 allow for consistency for consumers and the industry.
868 (b) The department may adopt rules to protect the public
869 health, safety, and welfare and establish standards for the
870 placement, design, installation, maintenance, and operation of
871 electric vehicle charging stations.
872 (c) Local governmental entities shall issue permits for
873 electric vehicle charging stations based solely upon standards
874 established by department rule and other applicable provisions
875 of state law. The department shall prescribe by rule the time
876 period for approving or denying permit applications.
877 (d) Before a charger at an electric vehicle charging
878 station is placed into service for use by the public, the
879 charger must be registered with the department on a form
880 prescribed by department rule.
881 (e) The department shall have the authority to inspect
882 electric vehicle charging stations, conduct investigations, and
883 enforce this subsection and any rules adopted thereto. The
884 department may impose one or more of the following penalties
885 against a person who violates this subsection or any rule
886 adopted under this subsection:
887 1. Issuance of a warning letter.
888 2. Imposition of an administrative fine in the Class II
889 category pursuant to s. 570.971 for each violation.
890 (f) If the department determines that an electric vehicle
891 charging station or any associated equipment presents a threat
892 to the public health, safety, or welfare, the department may
893 issue an immediate final order prohibiting the use of the
894 electric vehicle charging station or any portion thereof.
895 (g) In addition to the remedies provided in this
896 subsection, and notwithstanding the existence of any adequate
897 remedy at law, the department may bring an action to enjoin a
898 violation of this subsection or rules adopted under this
899 subsection in the circuit court of the county in which the
900 violation occurs or is about to occur. Upon demonstration of
901 competent and substantial evidence by the department to the
902 court of the violation or threatened violation, the court shall
903 immediately issue the temporary or permanent injunction sought
904 by the department. The injunction must be issued without bond.
905 Section 8. Present subsections (10) and (11) of section
906 388.011, Florida Statutes, are redesignated as subsections (11)
907 and (12), respectively, a new subsection (10) is added to that
908 section, and subsections (2) and (5) of that section are
909 amended, to read:
910 388.011 Definitions.—As used in this chapter:
911 (2) “Board of commissioners” means the governing body of
912 any mosquito control program district, and may include boards of
913 county commissioners, city councils, municipalities, or other
914 similar governing bodies when context so indicates.
915 (5) “District” means any mosquito control special district
916 established in this state by law for the express purpose of
917 controlling arthropods within boundaries of such said districts.
918 (10) “Program” means any governmental jurisdiction that
919 conducts mosquito control, whether it be a special district,
920 county, or municipality.
921 Section 9. Section 388.021, Florida Statutes, is amended to
922 read:
923 388.021 Creation of mosquito control special districts.—
924 (1) The abatement or suppression of arthropods, whether
925 disease-bearing or merely pestiferous, within any or all
926 counties of this state is advisable and necessary for the
927 maintenance and betterment of the comfort, health, and welfare
928 of the people thereof and is found and declared to be for public
929 purposes. Areas where arthropods incubate, hatch, or occur in
930 significant numbers so as to constitute a public health,
931 welfare, or nuisance problem may be controlled or abated as
932 provided in this chapter or the rules promulgated hereunder.
933 Therefore, any municipality city, town, or county, or any
934 portion or portions thereof, whether such portion or portions
935 include incorporated territory or portions of two or more
936 counties in the state, may be created into a special taxing
937 district for the control of arthropods under the provisions of
938 this chapter.
939 (2) It is the legislative intent that those mosquito
940 control districts established prior to July 1, 1980, pursuant to
941 the petition process contained in former s. 388.031, may
942 continue to operate as outlined in this chapter. However, on and
943 after that date, no mosquito control districts may be created
944 except pursuant to s. 125.01.
945 Section 10. Section 388.181, Florida Statutes, is amended
946 to read:
947 388.181 Power to do all things necessary.—The respective
948 programs districts of the state are hereby fully authorized to
949 do and perform all things necessary to carry out the intent and
950 purposes of this law.
951 Section 11. Subsections (1), (2), (4), and (5) of section
952 388.201, Florida Statutes, are amended to read:
953 388.201 Program District budgets; hearing.—
954 (1) The fiscal year of programs districts operating under
955 the provisions of this chapter shall be the 12-month period
956 extending from October 1 of one year through September 30 of the
957 following year. The governing board of the programs district
958 shall before July 15 of each year complete the preparation of a
959 tentative detailed work plan budget covering its proposed
960 operations and requirements for arthropod control measures
961 during the ensuing fiscal year and, for the purpose of
962 determining eligibility for state aid, shall submit copies as
963 may be required to the department for review and approval. The
964 tentative detailed work plan budget must shall set forth,
965 classified by account number, title and program items, and by
966 fund from which to be paid, the proposed expenditures of the
967 program district for construction, for acquisition of land, and
968 other purposes, for the operation and maintenance of the
969 program’s district’s works, the conduct of the program district
970 generally, to which may be added an amount to be held as a
971 reserve.
972 (2) The tentative detailed work plan budget must shall also
973 show the estimated amount which will appear at the beginning of
974 the fiscal year as obligated upon commitments made but
975 uncompleted,. There shall be shown the estimated unobligated or
976 net balance which will be on hand at the beginning of the fiscal
977 year, and the estimated amount to be raised by county,
978 municipality, or district taxes and from any and all other
979 sources for meeting the program’s the district’s requirements.
980 (4) The governing board shall:
981 (a) Shall Consider objections filed against adoption of the
982 tentative detailed work plan budget and in its discretion may
983 amend, modify, or change such budget; and
984 (b) Shall By September 30, adopt and execute on a form
985 furnished by the department a certified budget for the programs
986 district which shall be the operating and fiscal guide for the
987 program district. Certified copies of this budget must shall be
988 submitted by September 30 to the department for approval.
989 (5) County commissioners’ mosquito and arthropod control
990 budgets or the budgets of or similar governing body of said
991 county, city, or town’s must shall be made and adopted as
992 prescribed by subsections (1) and (2); summary figures must
993 shall be incorporated into the county budgets as prescribed by
994 the Department of Financial Services.
995 Section 12. Section 388.241, Florida Statutes, is amended
996 to read:
997 388.241 Board of county commissioners vested with powers
998 and duties of board of commissioners in certain counties.—In
999 those counties or cities where there has been no formation of a
1000 separate or special board of commissioners, all the rights,
1001 powers, and duties of a board of commissioners as conferred in
1002 this chapter shall be vested in the board of county
1003 commissioners or similar governing body of said county or city.
1004 Section 13. Section 388.261, Florida Statutes, is amended
1005 to read:
1006 388.261 State aid to counties, municipalities, and
1007 districts for arthropod control; distribution priorities and
1008 limitations.—
1009 (1) A county, municipality, or district may, without
1010 contributing matching funds, receive state funds, supplies,
1011 services, or equipment in an amount of no more than $75,000
1012 $50,000 per year for up to 3 years for any new program for the
1013 control of mosquitoes and other arthropods which serves an area
1014 not previously served by the county, municipality, or district.
1015 These funds may be expended for any and all types of control
1016 measures approved by the department.
1017 (2) Every county, municipality, or district budgeting local
1018 funds to be used exclusively for the control of mosquitoes and
1019 other arthropods, under a plan submitted by the county,
1020 municipality, or district and approved by the department, is
1021 eligible to receive state funds and supplies, services, and
1022 equipment on a dollar-for-dollar matching basis to the amount of
1023 local funds budgeted. If state funds appropriated by the
1024 Legislature are insufficient to grant each county, municipality,
1025 or district state funds on a dollar-for-dollar matching basis to
1026 the amount budgeted in local funds, the department must shall
1027 distribute the funds as prescribed by rule. Such rules must
1028 shall provide for up to 80 percent of the funds to be
1029 distributed to programs with local funds for mosquito control
1030 budgets of less than $1 million, if the county, municipality, or
1031 district meets the eligibility requirements. The funds must
1032 shall be distributed as equally as possible within the category
1033 of counties pursuant to this section. The remaining funds must
1034 shall be distributed as prescribed by rule among the remaining
1035 counties to support mosquito control and to support research,
1036 education, and outreach.
1037 (3) Every county shall be limited to receive a total of
1038 $120,000 of state funds, exclusive of state funds brought
1039 forward, during any one year.
1040 (4) Up to 20 percent of the annual funds appropriated to
1041 local governments for arthropod control may be used for
1042 arthropod control research or demonstration projects as approved
1043 by the department.
1044 (5) If more than one program local mosquito control agency
1045 exists in a county or municipality, the funds must shall be
1046 prorated between the programs agencies based on the population
1047 served by each program agency.
1048 (6) The Commissioner of Agriculture may exempt counties,
1049 municipalities, or districts from the requirements in subsection
1050 (1), subsection (2), or subsection (3) when the department
1051 determines state funds, supplies, services, or equipment are
1052 necessary for the immediate control of mosquitoes and other
1053 arthropods that pose a threat to human or animal health.
1054 (7) The department may use state funds appropriated for a
1055 county, municipality, or district under subsection (1) or
1056 subsection (2) to provide state mosquito or other arthropod
1057 control equipment, supplies, or services when requested by a
1058 county, municipality, or district eligible to receive state
1059 funds under s. 388.271.
1060 (8) The department is authorized to use up to 5 percent of
1061 the funds appropriated annually by the Legislature under this
1062 section to provide technical assistance to the counties,
1063 municipalities, or districts, or to purchase equipment,
1064 supplies, or services necessary to administer the provisions of
1065 this chapter.
1066 Section 14. Subsections (1) and (2) of section 388.271,
1067 Florida Statutes, are amended to read:
1068 388.271 Prerequisites to participation.—
1069 (1) When state funds are involved, it is the duty of the
1070 department to guide, review, approve, and coordinate the
1071 activities of all county and municipal governments and special
1072 districts receiving state funds in furtherance of the goal of
1073 integrated arthropod control. Each program county eligible to
1074 participate may, and each district must, begin participation on
1075 October 1 of any year by filing with the department not later
1076 than July 15 a tentative integrated arthropod management plan
1077 work plan and tentative detailed work plan budget providing for
1078 the control of arthropods. Following approval of the plan and
1079 budget by the department, a copy two copies of the program’s
1080 county’s or district’s certified budget based on the approved
1081 integrated arthropod management work plan and detailed work plan
1082 budget must shall be submitted to the department by September 30
1083 following. State funds, supplies, and services must shall be
1084 made available to such program county or district by and through
1085 the department immediately upon release of funds by the
1086 Executive Office of the Governor.
1087 (2) All purchases of supplies, materials, and equipment by
1088 programs must counties or districts shall be made in accordance
1089 with the laws governing purchases by boards of county
1090 commissioners or similar governing bodies, except that programs
1091 districts with special laws relative to competitive bidding
1092 shall make purchases in accordance therewith.
1093 Section 15. Subsections (1) and (3) of section 388.281,
1094 Florida Statutes, are amended to read:
1095 388.281 Use of state matching funds.—
1096 (1) All funds, supplies, and services released to programs
1097 counties and districts hereunder must shall be used in
1098 accordance with the integrated arthropod management detailed
1099 work plan and certified budget approved by both the department
1100 and the board of county commissioners or an appropriate
1101 representative county or district. The integrated arthropod
1102 management plan and budget may be amended at any time upon prior
1103 approval of the department.
1104 (3) In any program county or district where the arthropod
1105 problem has been eliminated, or reduced to such an extent that
1106 it does not constitute a health, comfort, or economic problem as
1107 determined by the department, the maximum amount of state funds
1108 available under this chapter shall be reduced to the amount
1109 necessary to meet actual need.
1110 Section 16. Subsections (1) and (2) of section 388.291,
1111 Florida Statutes, are amended to read:
1112 388.291 Source reduction measures; supervision by
1113 department.—
1114 (1) Any program county or district may perform source
1115 reduction measures in conformity with good engineering practices
1116 in any area, provided that the department cooperating with the
1117 county, municipality, or district has approved the operating or
1118 construction plan as outlined in the integrated arthropod
1119 management plan and that it has been determined by criteria
1120 contained in rule that the area or areas to be controlled would
1121 produce arthropods in significant numbers to constitute a health
1122 or nuisance problem.
1123 (2) The program county or district shall manage the
1124 detailed business affairs and supervise the said work, and the
1125 department shall advise the programs districts as to the best
1126 and most effective measures to be used in bringing about better
1127 temporary control and the permanent elimination of breeding
1128 conditions. The department may at its discretion discontinue any
1129 state aid provided hereunder in the event it finds the jointly
1130 agreed upon program is not being followed or is not efficiently
1131 and effectively administered.
1132 Section 17. Section 388.301, Florida Statutes, is amended
1133 to read:
1134 388.301 Payment of state funds; supplies and services.
1135 State funds shall be payable quarterly, in accordance with the
1136 rules of the department, upon requisition by the department to
1137 the Chief Financial Officer. The department is authorized to
1138 furnish insecticides, chemicals, materials, equipment, vehicles,
1139 and personnel in lieu of state funds where mass purchasing may
1140 save funds for the state, or where it would be more practical
1141 and economical to use equipment, supplies, and services between
1142 two or more programs counties or districts.
1143 Section 18. Section 388.311, Florida Statutes, is amended
1144 to read:
1145 388.311 Carry over of state funds and local funds.—State
1146 and local funds budgeted for the control of mosquitoes and other
1147 arthropods shall be carried over at the end of the program’s
1148 county or district’s fiscal year, and rebudgeted for such
1149 control measures the following fiscal year.
1150 Section 19. Section 388.321, Florida Statutes, is amended
1151 to read:
1152 388.321 Equipment to become property of a program the
1153 county or district.—All equipment purchased under this chapter
1154 with state funds made available directly to a program the county
1155 or district shall become the property of the program county or
1156 district unless otherwise provided, and may be traded in on
1157 other equipment, or sold, when no longer needed by the program
1158 county or district.
1159 Section 20. Section 388.322, Florida Statutes, is amended
1160 to read:
1161 388.322 Record and inventory of certain property.—A record
1162 and inventory of certain property purchased with state funds for
1163 arthropod control use owned by the program must district shall
1164 be maintained in accordance with s. 274.02.
1165 Section 21. Section 388.323, Florida Statutes, is amended
1166 to read:
1167 388.323 Disposal of surplus property.—Surplus property
1168 shall be disposed of according to the provisions set forth in s.
1169 274.05 with the following exceptions:
1170 (1) Serviceable equipment purchased using state funds for
1171 arthropod control use no longer needed by a program must county
1172 or district shall first be offered to any or all other programs
1173 counties or districts engaged in arthropod control at a price
1174 established by the board of commissioners owning the equipment.
1175 (2) The alternative procedure for disposal of surplus
1176 property, as prescribed in s. 274.06, must shall be followed if
1177 it is determined that no other program county or district
1178 engaged in arthropod control has need for the equipment.
1179 (3) All proceeds from the sale of any real or tangible
1180 personal property owned by the program and purchased using state
1181 funds county or district shall be deposited in the program’s
1182 county’s or district’s state fund account unless otherwise
1183 specifically designated by the department.
1184 Section 22. Section 388.341, Florida Statutes, is amended
1185 to read:
1186 388.341 Reports of expenditures and accomplishments.—Each
1187 program receiving state aid county and district participating
1188 under the provisions of this chapter shall within 30 days after
1189 the end of each month submit to the department a monthly report
1190 for the preceding month of expenditures from all funds for
1191 arthropod control, and each program participating under this
1192 chapter shall provide such reports of activities and
1193 accomplishments as may be required by the department.
1194 Section 23. Section 388.351, Florida Statutes, is amended
1195 to read:
1196 388.351 Transfer of equipment, personnel, and supplies
1197 during an emergency.—The department, upon notifying a program
1198 county or district and obtaining its approval, is authorized to
1199 transfer equipment, materials, and personnel from one program
1200 district to another in the event of an emergency brought about
1201 by an arthropod-borne epidemic or other disaster requiring
1202 emergency control.
1203 Section 24. Subsection (7) of section 388.361, Florida
1204 Statutes, is amended to read:
1205 388.361 Department authority and rules; administration.—
1206 (7) The department shall have the authority to collect,
1207 detect, suppress, and control mosquitoes and other arthropods
1208 that are determined by the State Health Officer to pose a threat
1209 to public health, or determined by the Commissioner of
1210 Agriculture to pose a threat to animal health, wherever they may
1211 occur on public or private land in this state, and to do all
1212 things necessary in the exercise of such authority. Prior to the
1213 start of treatments for the control of mosquitoes or other
1214 arthropods, the department shall consult with the mosquito
1215 control programs districts in the proposed treatment areas, the
1216 Department of Health, the Department of Environmental
1217 Protection, and the Fish and Wildlife Conservation Commission
1218 regarding the proposed locations, dates, and methods to be used.
1219 Section 25. Subsections (2) and (3) of section 388.3711,
1220 Florida Statutes, are amended to read:
1221 388.3711 Enforcement.—
1222 (2) The department may issue a written warning, impose a
1223 fine; deny, suspend, or revoke any license or certification, or
1224 the disbursal of state aid; or deny participation, in accordance
1225 with the provisions of chapter 120, upon any one or more of the
1226 following grounds as may be applicable:
1227 (a) Violation of any rule of the department or provision of
1228 this chapter.
1229 (b) Violation of FIFRA or any relevant EPA rule or
1230 regulation pertaining to the use of arthropod control pesticides
1231 by the licensee.
1232 (c) Failure to give the department, or any authorized
1233 representative thereof, true information upon request regarding
1234 methods and materials used, work performed, or other information
1235 essential to the administration of this chapter.
1236 (3) The department may, if it finds a violation is of such
1237 nature or circumstances that imposition of a fine, or denial,
1238 revocation, or suspension of a certification or license or
1239 disbursal of state aid would be detrimental to the public or be
1240 unnecessarily harsh under the circumstances, in its discretion,
1241 place the offending party on probation for a period of not more
1242 than 2 years. If the department determines that the terms of
1243 such probation have been violated, it may reinstitute license or
1244 certification or state aid denial, suspension, or revocation
1245 proceedings.
1246 Section 26. Section 388.381, Florida Statutes, is amended
1247 to read:
1248 388.381 Cooperation by programs counties and district.—Any
1249 program conducting county or district carrying on an arthropod
1250 control program may cooperate with another county, district, or
1251 municipality in carrying out work a program for the control of
1252 mosquitoes and other arthropods, by agreement as to the program
1253 and reimbursement thereof, when approved by the department.
1254 Section 27. Section 388.391, Florida Statutes, is amended
1255 to read:
1256 388.391 Control measures in municipalities and portions of
1257 counties located outside boundaries of programs districts.—Any
1258 program district whose operation is limited to a portion of the
1259 county in which it is located may perform any control measures
1260 authorized by this chapter in any municipality located in the
1261 same county or in any portions of the same county, where there
1262 is no established program district, when requested to do so by
1263 the municipality or county, pursuant to s. 388.381.
1264 Section 28. Section 388.401, Florida Statutes, is amended
1265 to read:
1266 388.401 Penalty for damage to property or operations.
1267 Whoever shall willfully damages damage any of the property of
1268 any program county or district created under this or other
1269 chapters, or any works constructed, maintained, or controlled by
1270 such program county or district, or who obstructs shall obstruct
1271 or causes cause to be obstructed any of the operations of such
1272 program county or district, or who shall knowingly or willfully
1273 violates violate any provisions of this chapter or any rule or
1274 regulation promulgated by any board of commissioners of any
1275 program, commits county or district shall be guilty of a
1276 misdemeanor of the second degree, punishable as provided in s.
1277 775.082 or s. 775.083.
1278 Section 29. Paragraph (a) of subsection (2) of section
1279 388.46, Florida Statutes, is amended to read:
1280 388.46 Florida Coordinating Council on Mosquito Control;
1281 establishment; membership; organization; responsibilities.—
1282 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
1283 (a) Membership.—The Florida Coordinating Council on
1284 Mosquito Control shall be composed comprised of the following
1285 representatives or their authorized designees:
1286 1. The Secretary of Environmental Protection.
1287 2. The State Surgeon General.
1288 3. The executive director of the Fish and Wildlife
1289 Conservation Commission.
1290 4. The state epidemiologist.
1291 5. The Commissioner of Agriculture.
1292 6. The Board of Trustees of the Internal Improvement Trust
1293 Fund.
1294 7. Representatives from:
1295 a. The University of Florida, Institute of Food and
1296 Agricultural Sciences, Florida Medical Entomological Research
1297 Laboratory.
1298 b. The United States Environmental Protection Agency.
1299 c. The United States Department of Agriculture, Center of
1300 Medical, Agricultural, and Veterinary Entomology Insects
1301 Affecting Man Laboratory.
1302 d. The United States Fish and Wildlife Service.
1303 8. Four Two mosquito control directors to be nominated by
1304 the Florida Mosquito Control Association, two representatives of
1305 Florida environmental groups, and two private citizens who are
1306 property owners whose lands are regularly subject to mosquito
1307 control operations, to be appointed to 4-year terms by the
1308 Commissioner of Agriculture and serve until his or her successor
1309 is appointed.
1310 Section 30. Paragraph (d) of subsection (7) of section
1311 403.067, Florida Statutes, is amended to read:
1312 403.067 Establishment and implementation of total maximum
1313 daily loads.—
1314 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1315 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1316 (d) Enforcement and verification of basin management action
1317 plans and management strategies.—
1318 1. Basin management action plans are enforceable pursuant
1319 to this section and ss. 403.121, 403.141, and 403.161.
1320 Management strategies, including best management practices and
1321 water quality monitoring, are enforceable under this chapter.
1322 2. No later than January 1, 2017:
1323 a. The department, in consultation with the water
1324 management districts and the Department of Agriculture and
1325 Consumer Services, shall initiate rulemaking to adopt procedures
1326 to verify implementation of water quality monitoring required in
1327 lieu of implementation of best management practices or other
1328 measures pursuant to sub-subparagraph (b)2.g.;
1329 b. The department, in consultation with the water
1330 management districts and the Department of Agriculture and
1331 Consumer Services, shall initiate rulemaking to adopt procedures
1332 to verify implementation of nonagricultural interim measures,
1333 best management practices, or other measures adopted by rule
1334 pursuant to subparagraph (c)1.; and
1335 c. The Department of Agriculture and Consumer Services, in
1336 consultation with the water management districts and the
1337 department, shall initiate rulemaking to adopt procedures to
1338 verify implementation of agricultural interim measures, best
1339 management practices, or other measures adopted by rule pursuant
1340 to subparagraph (c)2.
1341
1342 The rules required under this subparagraph shall include
1343 enforcement procedures applicable to the landowner, discharger,
1344 or other responsible person required to implement applicable
1345 management strategies, including best management practices or
1346 water quality monitoring as a result of noncompliance.
1347 3. At least every 2 years, the Department of Agriculture
1348 and Consumer Services shall perform onsite inspections of each
1349 agricultural producer that enrolls in a best management
1350 practice, except those enrolled by rule in subparagraph 4., to
1351 ensure that such practice is being properly implemented. Such
1352 verification must include a collection and review of the best
1353 management practice documentation from the previous 2 years
1354 required by rules adopted pursuant to subparagraph (c)2.,
1355 including, but not limited to, nitrogen and phosphorus
1356 fertilizer application records, which must be collected and
1357 retained pursuant to subparagraphs (c)3., 4., and 6. The
1358 Department of Agriculture and Consumer Services shall initially
1359 prioritize the inspection of agricultural producers located in
1360 the basin management action plans for Lake Okeechobee, the
1361 Indian River Lagoon, the Caloosahatchee River and Estuary, and
1362 Silver Springs.
1363 4. The Department of Agriculture and Consumer Services is
1364 authorized to adopt rules establishing an enrollment in best
1365 management practices by rule process that agricultural pollutant
1366 sources and agricultural producers may use in lieu of the best
1367 management practices adopted in paragraph (c) and identify best
1368 management practices for landowners of parcels which meet the
1369 following requirements:
1370 a. A parcel not more than 25 acres in size;
1371 b. A parcel designated as agricultural land use by the
1372 county in which it is located or the parcel is granted
1373 agricultural tax classification by the county property appraiser
1374 of the county in which it is located;
1375 c. A parcel with water use not exceeding 100,000 gallons
1376 per day on average unless the entire use is met using recycled
1377 water from wet detention treatment ponds or reuse water;
1378 d. A parcel where the agricultural activity on the parcel
1379 is not a vegetable crop, an agronomic crop, a nursery, or a
1380 dairy operation;
1381 e. A parcel not abutting an impaired water body identified
1382 in subsection (4); and
1383 f. A parcel not part of a larger operation that is enrolled
1384 in the Department of Agriculture and Consumer Services best
1385 management practices or conducting water quality monitoring
1386 prescribed by the department or a water management district.
1387
1388 Such requirements must specify design or performance criteria
1389 that, if applied, would result in compliance with appropriate
1390 water quality standards. The Department of Agriculture and
1391 Consumer Services is authorized to adopt additional eligibility
1392 criteria for landowners or producers to use enrollment by rule
1393 and to revoke enrollment by rule.
1394 5. The Department of Agriculture and Consumer Services
1395 shall annually perform onsite inspections of 20 percent for all
1396 enrollments that meet the qualifications pursuant to
1397 subparagraph 4. by rule within basin management action plan
1398 areas, to ensure that practices are being properly implemented.
1399 Such inspections must include a collection and review of the
1400 identified best management practice documentation from the
1401 previous 2 years required by rules adopted pursuant to
1402 subparagraph (c)2. All agricultural producers enrolled by rule
1403 in a best management practice must annually submit nutrient
1404 records, including nitrogen and phosphorus application records
1405 for the previous calendar year, to the Department of Agriculture
1406 and Consumer Services as required by rules adopted pursuant to
1407 subparagraph (c)2. The Department of Agriculture and Consumer
1408 Services shall collect and retain these nutrient records
1409 pursuant to subparagraphs (c)3., 4., and 6.
1410 Section 31. Subsection (19) is added to section 403.852,
1411 Florida Statutes, to read:
1412 403.852 Definitions; ss. 403.850-403.864.—As used in ss.
1413 403.850-403.864:
1414 (19) “Water quality additive” means any chemical or
1415 additive which is used in a public water system for the purpose
1416 of removing contaminants or increasing water quality. The term
1417 does not include additives used for health-related purposes.
1418 Section 32. Subsection (8) is added to section 403.859,
1419 Florida Statutes, to read:
1420 403.859 Prohibited acts.—The following acts and the causing
1421 thereof are prohibited and are violations of this act:
1422 (8) The use of any additive in a public water system which
1423 does not meet the definition of a water quality additive as
1424 defined in s. 403.852(19), or the use of any additive included
1425 primarily for health-related purposes.
1426 Section 33. Subsection (10) of section 482.111, Florida
1427 Statutes, is amended to read:
1428 482.111 Pest control operator’s certificate.—
1429 (10) In order to renew a certificate, the certificateholder
1430 must complete 2 hours of approved continuing education on
1431 legislation, safety, pesticide labeling, and integrated pest
1432 management and 2 hours of approved continuing education in each
1433 category of her or his certificate or must pass an examination
1434 that the department shall provide in person and remotely through
1435 a third-party vendor. The third-party vendor may collect and
1436 retain a convenience fee given by the department. The department
1437 may not renew a certificate if the continuing education or
1438 examination requirement is not met.
1439 (a) Courses or programs, to be considered for credit, must
1440 include one or more of the following topics:
1441 1. The law and rules of this state pertaining to pest
1442 control.
1443 2. Precautions necessary to safeguard life, health, and
1444 property in the conducting of pest control and the application
1445 of pesticides.
1446 3. Pests, their habits, recognition of the damage they
1447 cause, and identification of them by accepted common name.
1448 4. Current accepted industry practices in the conducting of
1449 fumigation, termites and other wood-destroying organisms pest
1450 control, lawn and ornamental pest control, and household pest
1451 control.
1452 5. How to read labels, a review of current state and
1453 federal laws on labeling, and a review of changes in or
1454 additions to labels used in pest control.
1455 6. Integrated pest management.
1456 (b) The certificateholder must submit with her or his
1457 application for renewal a statement certifying that she or he
1458 has completed the required number of hours of continuing
1459 education. The statement must be on a form prescribed by the
1460 department and must identify at least the date, location,
1461 provider, and subject of the training and must provide such
1462 other information as required by the department.
1463 (c) The department shall charge the same fee for
1464 examination as provided in s. 482.141(2).
1465 Section 34. Subsection (1) of section 482.141, Florida
1466 Statutes, is amended to read:
1467 482.141 Examinations.—
1468 (1) Each individual seeking certification must
1469 satisfactorily pass an examination which must be written but
1470 which may include practical demonstration. The department shall
1471 provide in-person and remote testing through a third-party
1472 vendor. A third-party vendor may collect and retain a
1473 convenience fee hold at least two examinations each year. An
1474 applicant may seek certification in one or more categories.
1475 Section 35. Paragraph (b) of subsection (1) of section
1476 482.155, Florida Statutes, is amended to read:
1477 482.155 Limited certification for governmental pesticide
1478 applicators or private applicators.—
1479 (1)
1480 (b) A person seeking limited certification under this
1481 subsection must pass an examination that the department shall
1482 provide in person and remotely through a third-party vendor. The
1483 third-party vendor may collect and retain a convenience fee
1484 given or approved by the department. Each application for
1485 examination must be accompanied by an examination fee set by the
1486 department, in an amount of not more than $150 or less than $50;
1487 and a recertification fee of $25 every 4 years. Until rules
1488 setting these fees are adopted by the department, the
1489 examination fee is $50. Application for recertification must be
1490 accompanied by proof of having completed 4 classroom hours of
1491 acceptable continuing education. The limited certificate expires
1492 4 years after the date of issuance. If the certificateholder
1493 fails to renew his or her certificate and provide proof of
1494 completion of the required continuing education units within 60
1495 days after the expiration date, the certificateholder may be
1496 recertified only after reexamination. The department shall make
1497 available provide the appropriate reference material and make
1498 the examination readily accessible and available to all
1499 applicants at least quarterly or as necessary in each county.
1500 Section 36. Subsection (2) of section 482.156, Florida
1501 Statutes, is amended to read:
1502 482.156 Limited certification for commercial landscape
1503 maintenance personnel.—
1504 (2)(a) A person seeking limited certification under this
1505 section must pass an examination that the department shall
1506 provide in person and remotely through a third-party vendor. The
1507 third-party vendor may collect and retain a convenience fee
1508 given by the department. Each application for examination must
1509 be accompanied by an examination fee set by rule of the
1510 department, in an amount of not more than $150 or less than $50.
1511 Before the department issues a limited certification under this
1512 section, each person applying for the certification must furnish
1513 proof of having a certificate of insurance which states that the
1514 employer meets the requirements for minimum financial
1515 responsibility for bodily injury and property damage required by
1516 s. 482.071(4).
1517 (b) The department shall make available provide the
1518 appropriate reference materials for the examination and provide
1519 in-person and remote testing through a third-party vendor. A
1520 third-party vendor may collect and retain a convenience fee make
1521 the examination readily accessible and available to applicants
1522 at least quarterly or as necessary in each county.
1523 Section 37. Subsection (2) of section 482.157, Florida
1524 Statutes, is amended to read:
1525 482.157 Limited certification for commercial wildlife
1526 management personnel.—
1527 (2) The department shall issue a limited certificate to an
1528 applicant who:
1529 (a) Submits an application and examination fee of at least
1530 $150, but not more than $300, as prescribed by the department by
1531 rule;
1532 (b) Passes an examination that the department shall provide
1533 in person and remotely through a third-party vendor. The third
1534 party vendor may collect and retain a convenience fee
1535 administered by the department. The department shall make
1536 available provide the appropriate study materials for the
1537 examination and make the examination readily available to
1538 applicants in each county as necessary, but not less frequently
1539 than quarterly; and
1540 (c) Provides proof, including a certificate of insurance,
1541 that the applicant has met the minimum bodily injury and
1542 property damage insurance requirements in s. 482.071(4).
1543 Section 38. Paragraph (m) is added to subsection (1) of
1544 section 482.161, Florida Statutes, to read:
1545 482.161 Disciplinary grounds and actions; reinstatement.—
1546 (1) The department may issue a written warning to or impose
1547 a fine against, or deny the application for licensure or
1548 licensure renewal of, a licensee, certified operator, limited
1549 certificateholder, identification cardholder, or special
1550 identification cardholder or any other person, or may suspend,
1551 revoke, or deny the issuance or renewal of any license,
1552 certificate, limited certificate, identification card, or
1553 special identification card that is within the scope of this
1554 chapter, in accordance with chapter 120, upon any of the
1555 following grounds:
1556 (m) Upon the issuance of a final order imposing civil
1557 penalties under subsection 14(a) of the Federal Insecticide,
1558 Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction
1559 under subsection 14(b) of FIFRA.
1560 Section 39. Subsection (2) of section 487.044, Florida
1561 Statutes, is amended to read:
1562 487.044 Certification; examination.—
1563 (2) The department shall require each applicant for a
1564 certified applicator’s license to demonstrate competence by a
1565 written or oral examination in which the applicant must
1566 demonstrate adequate knowledge concerning the proper use and
1567 application of restricted-use pesticides in each classification
1568 for which application for license is made. The department shall
1569 provide in-person and remote testing through a third-party
1570 vendor. A third-party vendor may collect and retain a
1571 convenience fee. The examination may be prepared, administered,
1572 and evaluated by the department. Each applicant for a certified
1573 applicator’s license must shall demonstrate minimum competence
1574 as to:
1575 (a) The proper use of the equipment.
1576 (b) The environmental hazards that may be involved in
1577 applying restricted-use pesticides.
1578 (c) Calculating the concentration of restricted-use
1579 pesticides to be used in particular circumstances.
1580 (d) Identification of common pests to be controlled and the
1581 damages caused by such pests.
1582 (e) Protective clothing and respiratory equipment required
1583 during the handling and application of restricted-use
1584 pesticides.
1585 (f) General precautions to be followed in the disposal of
1586 containers, as well as the cleaning and decontamination of the
1587 equipment which the applicant proposes to use.
1588 (g) Applicable state and federal pesticide laws, rules, and
1589 regulations.
1590 (h) General safety precautions.
1591 Section 40. Subsection (6) is added to section 487.175,
1592 Florida Statutes, to read:
1593 487.175 Penalties; administrative fine; injunction.—
1594 (6) Licensure may be suspended, revoked, or denied by the
1595 department, upon the issuance of a final order to a licensee
1596 imposing civil penalties under subsection 14(a) of the Federal
1597 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a
1598 criminal conviction under subsection 14(b) of FIFRA.
1599 Section 41. Present subsections (13) through (28) of
1600 section 496.404, Florida Statutes, are redesignated as
1601 subsections (15) through (30), respectively, and new subsections
1602 (13) and (14) are added to that section, to read:
1603 496.404 Definitions.—As used in ss. 496.401-496.424, the
1604 term:
1605 (13) “Foreign country of concern” means the People’s
1606 Republic of China, the Russian Federation, the Islamic Republic
1607 of Iran, the Venezuelan regime of Nicolás Maduro, or the Syrian
1608 Arab Republic, including any agency of or any other entity under
1609 significant control of such foreign country of concern.
1610 (14) “Foreign source of concern” means any of the
1611 following:
1612 (a) The government or any official of the government of a
1613 foreign country of concern;
1614 (b) A political party or member of a political party or any
1615 subdivision of a political party in a foreign country of
1616 concern;
1617 (c) A partnership, an association, a corporation, an
1618 organization, or other combination of persons organized under
1619 the laws of or having its principal place of business in a
1620 foreign country of concern, or a subsidiary of such entity;
1621 (d) Any person who is domiciled in a foreign country of
1622 concern and is not a citizen or lawful permanent citizen of the
1623 United States;
1624 (e) An agent, including a subsidiary or an affiliate of a
1625 foreign legal entity, acting on behalf of a foreign source of
1626 concern; or
1627 (f) An entity in which a person, entity, or collection of
1628 persons or entities described in paragraphs (a)–(e) has a
1629 controlling interest. As used in this paragraph, the term
1630 “controlling interest” means the possession of the power to
1631 direct or cause the direction of the management or policies of
1632 an entity, whether through ownership of securities, by contract,
1633 or otherwise. A person or an entity that directly or indirectly
1634 has the right to vote 25 percent or more of the voting interest
1635 of the company or is entitled to 25 percent or more of its
1636 profits is presumed to possess a controlling interest.
1637 Section 42. Present paragraphs (d) through (g) of
1638 subsection (2) of section 496.405, Florida Statutes, are
1639 redesignated as paragraphs (f) through (i), respectively, new
1640 paragraphs (d) and (e) are added to that subsection, subsection
1641 (11) is added to that section, and subsection (1) and paragraph
1642 (b) of subsection (7) of that section are amended, to read:
1643 496.405 Registration statements by charitable organizations
1644 and sponsors.—
1645 (1) A charitable organization or sponsor, unless exempted
1646 pursuant to s. 496.406, which intends to solicit contributions
1647 in or from this state by any means or have funds solicited on
1648 its behalf by any other person, charitable organization,
1649 sponsor, commercial co-venturer, or professional solicitor, or
1650 that participates in a charitable sales promotion or sponsor
1651 sales promotion, must, before engaging in any of these
1652 activities, file an initial registration statement, which
1653 includes an attestation statement, and a renewal statement
1654 annually thereafter, with the department.
1655 (a) Except as provided in paragraph (b), any changes in the
1656 information submitted on the initial registration statement or
1657 the last renewal statement must be updated annually on a renewal
1658 statement provided by the department on or before the date that
1659 marks 1 year after the date the department approved the initial
1660 registration statement as provided in this section. The
1661 department shall annually provide a renewal statement to each
1662 registrant by mail or by electronic mail at least 30 days before
1663 the renewal date.
1664 (b) Any changes to the information submitted to the
1665 department pursuant to paragraph (2)(f) (2)(d) on the initial
1666 registration statement, which includes an attestation statement,
1667 or the last renewal statement must be reported to the department
1668 on a form prescribed by the department within 10 days after the
1669 change occurs.
1670 (c) A charitable organization or sponsor that is required
1671 to file an initial registration statement or annual renewal
1672 statement may not, before approval of its statement by the
1673 department in accordance with subsection (7), solicit
1674 contributions or have contributions solicited on its behalf by
1675 any other person, charitable organization, sponsor, commercial
1676 co-venturer, or professional solicitor or participate in a
1677 charitable sales promotion or sponsor sales promotion.
1678 (d) The registration of a charitable organization or
1679 sponsor may not continue in effect and shall expire without
1680 further action of the department under either of the following
1681 circumstances:
1682 1. After the date the charitable organization or sponsor
1683 should have filed, but failed to file, its renewal statement in
1684 accordance with this section.
1685 2. For failure to provide a financial statement within any
1686 extension period provided under s. 496.407.
1687 (2) The initial registration statement must be submitted on
1688 a form prescribed by the department, signed by an authorized
1689 official of the charitable organization or sponsor who shall
1690 certify that the registration statement is true and correct, and
1691 include the following information or material:
1692 (d) An attestation statement, which must be submitted on a
1693 form prescribed by the department and signed by an authorized
1694 official of the charitable organization, who shall certify and
1695 attest that the charitable organization, if engaged in
1696 activities that would require registration pursuant to chapter
1697 106 is registered with the Department of State, pursuant to
1698 chapter 106.
1699 (e) An attestation statement on a form prescribed by the
1700 department, signed by an authorized official of the charitable
1701 organization, who shall certify and attest that the charitable
1702 organization, if prohibited by applicable federal or state law,
1703 is not engaged in activities that would require registration
1704 with the Department of State pursuant to chapter 106.
1705 (7)
1706 (b) If a charitable organization or sponsor discloses
1707 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7.
1708 in the initial registration statement or annual renewal
1709 statement, the time limits set forth in paragraph (a) are
1710 waived, and the department shall process such initial
1711 registration statement or annual renewal statement in accordance
1712 with the time limits set forth in chapter 120. The registration
1713 of a charitable organization or sponsor shall be automatically
1714 suspended for failure to disclose any information specified in
1715 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the
1716 required information is submitted to the department.
1717 (11) The department may investigate and refer a charitable
1718 organization or sponsor to the Florida Elections Commission for
1719 investigation of violations pursuant to chapters 104 and 106.
1720 Section 43. Subsection (20) is added to section 496.415,
1721 Florida Statutes, to read:
1722 496.415 Prohibited acts.—It is unlawful for any person in
1723 connection with the planning, conduct, or execution of any
1724 solicitation or charitable or sponsor sales promotion to:
1725 (20) Solicit or accept contributions or anything of value
1726 from a foreign source of concern.
1727 Section 44. Section 496.417, Florida Statutes, is amended
1728 to read:
1729 496.417 Criminal penalties.—Except as otherwise provided in
1730 ss. 496.401-496.424, and in addition to any administrative or
1731 civil penalties, any person who willfully and knowingly violates
1732 ss. 496.401-496.424 commits a felony of the third degree,
1733 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1734 For a second or subsequent conviction, such violation
1735 constitutes a felony of the second degree, punishable as
1736 provided in s. 775.082, s. 775.083, or s. 775.084. The
1737 department may also investigate and refer a charitable
1738 organization or sponsor to the Florida Elections Commission for
1739 investigation of violations pursuant to chapters 104 and 106.
1740 Section 45. Subsection (11) is added to section 496.419,
1741 Florida Statutes, to read:
1742 496.419 Powers of the department.—
1743 (11) A charitable organization or sponsor whose
1744 registration is denied or revoked for submitting a false
1745 attestation required pursuant to s. 496.405(2)(d) or (2)(e) is
1746 subject to the penalties specified in subsection (5) at the
1747 discretion of the department.
1748 Section 46. Section 496.431, Florida Statutes, is created
1749 to read:
1750 496.431 Honest Services Registry.—
1751 (1) The department shall create the Honest Services
1752 Registry to provide the residents of this state with the
1753 information necessary to make an informed choice when deciding
1754 which charitable organizations to support.
1755 (2) To be included on the Honest Services Registry, a
1756 charitable organization must, at a minimum, submit to the
1757 department an attestation statement on a form prescribed by the
1758 department, verified as provided in s. 92.525, attesting to all
1759 of the following:
1760 (a) That the organization does not solicit or accept,
1761 directly or indirectly, contributions, funding, support, or
1762 services from a foreign source of concern.
1763 (b) That the organization’s messaging and content are not
1764 directly or indirectly produced or influenced by a foreign
1765 source of concern.
1766 (3) The department shall publish the Honest Services
1767 Registry on the department’s website.
1768 (4) The department shall adopt rules to implement this
1769 section.
1770 Section 47. Paragraph (j) of subsection (1) of section
1771 500.03, Florida Statutes, is amended to read:
1772 500.03 Definitions; construction; applicability.—
1773 (1) For the purpose of this chapter, the term:
1774 (j) “Cottage food product” means food that is not time or
1775 temperature controlled for safety or a potentially hazardous
1776 food as defined by department rule which is sold by a cottage
1777 food operation in accordance with s. 500.80.
1778 Section 48. Paragraphs (a) and (b) of subsection (1) of
1779 section 500.12, Florida Statutes, are amended to read:
1780 500.12 Food permits; building permits.—
1781 (1)(a) A food permit from the department is required of any
1782 person or business that who operates a food establishment,
1783 except:
1784 1. Persons or businesses operating minor food outlets that
1785 sell food that is commercially prepackaged, not potentially
1786 hazardous, not age restricted, and not time or temperature
1787 controlled for safety, if the shelf space for those items does
1788 not exceed 12 total linear feet and no other food is sold by the
1789 person or business minor food outlet.
1790 2. Persons subject to continuous, onsite federal or state
1791 inspection.
1792 3. Persons selling only legumes in the shell, either
1793 parched, roasted, or boiled.
1794 4. Persons selling sugar cane or sorghum syrup that has
1795 been boiled and bottled on a premise located within this state.
1796 Such bottles must contain a label listing the producer’s name
1797 and street address, all added ingredients, the net weight or
1798 volume of the product, and a statement that reads, “This product
1799 has not been produced in a facility permitted by the Florida
1800 Department of Agriculture and Consumer Services.”
1801 (b) Each food establishment regulated under this chapter
1802 must apply for and receive a food permit before operation
1803 begins. An application for a food permit from the department
1804 must be accompanied by a fee in an amount determined by
1805 department rule. The department shall adopt by rule a schedule
1806 of fees to be paid by each food establishment as a condition of
1807 issuance or renewal of a food permit. Such fees may not exceed
1808 $650 and must be used solely for the recovery of costs for the
1809 services provided, except that the fee accompanying an
1810 application for a food permit for operating a bottled water
1811 plant may not exceed $1,000 and the fee accompanying an
1812 application for a food permit for operating a packaged ice plant
1813 may not exceed $250. The fee for operating a bottled water plant
1814 or a packaged ice plant must be set by rule of the department.
1815 Food permits are not transferable from one person or physical
1816 location to another. Food permits must be renewed in accordance
1817 with subparagraphs 1.-3. If an application for renewal of a food
1818 permit is not received by the department on or before its due
1819 date, a late fee not exceeding $100 must be paid in addition to
1820 the food permit fee before the department may issue the food
1821 permit. The moneys collected must be deposited in the General
1822 Inspection Trust Fund.
1823 1. A food permit issued to a new food establishment on or
1824 after September 1, 2023, is valid for 1 calendar year after the
1825 date of issuance and must be renewed annually on or before that
1826 date thereafter.
1827 2. Effective January 1, 2024, A food permit issued before
1828 September 1, 2023, expires on the month and day the initial
1829 permit was issued to the food establishment and must be renewed
1830 annually on or before that date thereafter. The department may
1831 charge a prorated permit fee for purposes of this subparagraph.
1832 3. The department may establish a single permit renewal
1833 date for multiple food establishments owned by the same entity
1834 The owner of 100 or more permitted food establishment locations
1835 may elect to set the expiration of food permits for such
1836 establishments as December 31 of each calendar year.
1837 Section 49. Section 500.166, Florida Statutes, is amended
1838 to read:
1839 500.166 Records of interstate shipment.—For the purpose of
1840 enforcing this chapter, carriers engaged in interstate commerce
1841 and persons receiving food in interstate commerce shall retain
1842 all records for 3 years from the date of the record showing the
1843 movement in interstate commerce of any food, and the quantity,
1844 shipper and consignee thereof and, upon the request by an
1845 officer or employee duly designated by the department, permit
1846 the officer or employee to have access to and to copy all
1847 records showing the movement in interstate commerce of any food,
1848 and the quantity, shipper, and consignee thereof.
1849 Section 50. Subsection (1) of section 500.172, Florida
1850 Statutes, is amended to read:
1851 500.172 Embargoing, detaining, destroying of food, food
1852 processing equipment, or areas that are in violation.—
1853 (1) When the department, or its duly authorized agent who
1854 has received appropriate education and training regarding the
1855 legal requirements of this chapter, finds or has probable cause
1856 to believe that any food, food processing equipment, food
1857 processing area, or food storage area is in violation of this
1858 chapter or any rule adopted under this chapter so as to be
1859 dangerous, unwholesome, mislabeled, fraudulent, or insanitary
1860 within the meaning of this chapter, an agent of the department
1861 may issue and enforce a stop-sale, stop-use, removal, or hold
1862 order, which order gives notice that such article, processing
1863 equipment, processing area, or storage area is or is suspected
1864 of being in violation and has been detained or embargoed and
1865 which order warns all persons not to remove, use, or dispose of
1866 such article, processing equipment, processing area, or storage
1867 area by sale or otherwise until permission for removal, use, or
1868 disposal is given by the department or the court. The department
1869 is authorized to enter into a written agreement with the owner
1870 of such food, food processing equipment, food processing area,
1871 or food storage area, or otherwise facilitate the destruction of
1872 any article found or suspected by the department to be in
1873 violation of this section. A person may not remove, use, or
1874 dispose of such detained or embargoed article, processing
1875 equipment, processing area, or storage area by sale or otherwise
1876 without such permission from or in accordance with a written
1877 agreement with the department.
1878 Section 51. Section 500.75, Florida Statutes, is created to
1879 read:
1880 500.75 Mushrooms spores and mycelium; offenses.—It is
1881 unlawful to transport, import, sell, offer for sale, furnish, or
1882 give away spores or mycelium capable of producing mushrooms or
1883 other material which will contain a controlled substance,
1884 including psilocybin or psilocyn, during its lifecycle. A person
1885 who transports, imports into this state, sells, offers for sale,
1886 furnishes, gives away, or offers to transport, import into this
1887 state, sell, furnish, or give away any spores or mycelium
1888 capable of producing mushrooms or other material which will
1889 contain a controlled substance commits a misdemeanor of the
1890 first degree, punishable as provided in s. 775.082 or s.
1891 775.083.
1892 Section 52. Section 500.93, Florida Statutes, is created to
1893 read:
1894 500.93 Mislabeling of plant-based products as milk, meat,
1895 or poultry.—
1896 (1) As used in this section, the term:
1897 (a) “Egg” and “egg product” have the same meanings as in 21
1898 U.S.C. s. 1033 and the Egg Products Inspection Act.
1899 (b) “FDA” means the United States Food and Drug
1900 Administration.
1901 (c) “Meat” has the same meaning as in 9 C.F.R. s. 301.2 and
1902 the Federal Meat Inspection Act.
1903 (d) “Milk” has the same meaning as in 21 C.F.R. s. 131.110
1904 and the Grade “A” pasteurized milk ordinance.
1905 (e) “Poultry” and “poultry product” have the same meanings
1906 as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act.
1907 (2)(a) In accordance with the established standard of
1908 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade
1909 “A” pasteurized milk ordinance, the department shall adopt rules
1910 to enforce the FDA’s standard of identity for milk, as adopted
1911 in state law, to prohibit the sale of plant-based products
1912 mislabeled as milk in this state.
1913 (b) This subsection is effective upon the enactment into
1914 law of a mandatory labeling requirement to prohibit the sale of
1915 plant-based products mislabeled as milk that is consistent with
1916 this section by any 11 of the group of 14 states composed of
1917 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1918 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1919 Texas, Virginia, and West Virginia.
1920 (3)(a) In accordance with the established standard of
1921 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal
1922 Meat Inspection Act, and both poultry and poultry products
1923 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection
1924 Act, the department shall adopt rules to enforce the FDA’s
1925 standard of identity for meat, poultry, and poultry products as
1926 adopted in this section, to prohibit the sale of plant-based
1927 products mislabeled as meat, poultry, or poultry products in
1928 this state.
1929 (b) This subsection is effective upon the enactment into
1930 law of a mandatory labeling requirement to prohibit the sale of
1931 plant-based products mislabeled as meat, poultry, or poultry
1932 products which is consistent with this section by any 11 of the
1933 group of 14 states composed of Alabama, Arkansas, Florida,
1934 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma,
1935 South Carolina, Tennessee, Texas, Virginia, and West Virginia.
1936 (4)(a) In accordance with the established standard of
1937 identity for eggs and egg products defined in 21 U.S.C. s. 1033
1938 and the Egg Products Inspection Act, the department shall adopt
1939 rules to enforce the FDA’s standard of identity for eggs and egg
1940 products, as adopted in state law, to prohibit the sale of
1941 plant-based products mislabeled as egg or egg products in this
1942 state.
1943 (b) This subsection is effective upon the enactment into
1944 law of a mandatory labeling requirement to prohibit the sale of
1945 plant-based products mislabeled as egg or egg products that is
1946 consistent with this section by any 11 of the group of 14 states
1947 composed of Alabama, Arkansas, Florida, Georgia, Kentucky,
1948 Louisiana, Maryland, Mississippi, Oklahoma, South Carolina,
1949 Tennessee, Texas, Virginia, and West Virginia.
1950 (5) The Department of Agriculture and Consumer Services
1951 shall notify the Division of Law Revision upon the enactment
1952 into law by any 11 of the group of 14 states composed of
1953 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1954 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1955 Texas, Virginia, and West Virginia of the mandatory labeling
1956 requirements pursuant to subsections (2) and (3).
1957 (6) The department shall adopt rules to implement this
1958 section.
1959 (7) This section may not be construed to limit the
1960 department’s authority to enforce its laws and regulations.
1961 Section 53. Section 501.135, Florida Statutes, is repealed.
1962 Section 54. Subsection (1) of section 501.912, Florida
1963 Statutes, is amended to read:
1964 501.912 Definitions.—As used in ss. 501.91-501.923:
1965 (1) “Antifreeze” means any substance or preparation,
1966 including, but not limited to, coolant, antifreeze-coolant,
1967 antifreeze and summer coolant, or summer coolant, that is sold,
1968 distributed, or intended for use:
1969 (a) As the cooling liquid, or to be added to the cooling
1970 liquid, in the cooling system of internal combustion engines of
1971 motor vehicles to prevent freezing of the cooling liquid or to
1972 lower its freezing point; or
1973 (b) To raise the boiling point of water, aid in vehicle
1974 component cooling, or for the prevention of engine overheating,
1975 whether or not the liquid is used as a year-round cooling system
1976 fluid.
1977 Section 55. Section 525.19, Florida Statutes, is created to
1978 read:
1979 525.19 Petroleum registration.—
1980 (1) The department shall create an annual petroleum
1981 registration program for petroleum owners or operators and shall
1982 adopt rules detailing the requirements for such registration
1983 that include, at minimum:
1984 (a) Name of the petroleum owner or operator;
1985 (b) Address of the petroleum owner or operator;
1986 (c) Phone number of the petroleum owner or operator;
1987 (d) E-mail address of the petroleum owner or operator;
1988 (e) Requirements for the transfer switch;
1989 (f) Fuel and petroleum infrastructure; and
1990 (g) Fuel and petroleum inventory and delivery information.
1991 (2) The registration program must be free for all
1992 registrants.
1993 (3) The department has the authority to require registrants
1994 to provide updates related to the status of infrastructure,
1995 inventory, and delivery information during a state of emergency
1996 as declared by an executive order issued by the Governor.
1997 Section 56. Section 526.147, Florida Statutes, is created
1998 to read:
1999 526.147 Florida Retail Fuel Transfer Switch Modernization
2000 Grant Program.—
2001 (1)(a) There is created, subject to appropriation, the
2002 Florida Retail Fuel Transfer Switch Modernization Grant Program
2003 within the Department of Agriculture and Consumer Services.
2004 (b) The grant program shall provide grant funds, not to
2005 exceed $10,000 per retail fuel facility, to be used for
2006 installation and equipment costs related to installing or
2007 modernizing transfer switch infrastructure at retail fuel
2008 facilities to allow for the continuity of fueling operations
2009 under generated power.
2010 (c) The department shall award funds based upon the
2011 following criteria:
2012 1. Up to $10,000, of costs for transfer switch purchase and
2013 installation for retail fuel locations in fiscally constrained
2014 counties as designated under s. 218.67(1).
2015 2. Up to $5,000, of costs for transfer switch purchase and
2016 installation for all other retail fuel locations.
2017 (d) Retail fuel facilities which are awarded grant funds
2018 must comply with s. 526.143 and must install a transfer switch
2019 capable of operating all fuel pumps, dispensing equipment, life
2020 safety systems, and payment acceptance equipment using an
2021 alternative generated power source.
2022 (e) Before being awarded funding from the department,
2023 retail fuel facilities must provide documentation on transfer
2024 switch installation and required generator sizing to the
2025 department.
2026 (f) Marinas and fueling facilities with fewer than 4
2027 fueling positions are excluded from being awarded funding
2028 through this program.
2029 (g) Fueling facilities subject to s. 526.143(2) are
2030 excluded from being awarded funding through this program.
2031 (2) The department, in consultation with the Division of
2032 Emergency Management, shall adopt rules to implement and
2033 administer this section, including establishing grant
2034 application processes for the Florida Retail Fuel Transfer
2035 Switch Modernization Grant Program. The rules must include
2036 application deadlines and establish the supporting documentation
2037 necessary to be provided to the department.
2038 Section 57. Section 531.48, Florida Statutes, is amended to
2039 read:
2040 531.48 Declarations of unit price on random packages.—In
2041 addition to the declarations required by s. 531.47, any package
2042 being one of a lot containing random weights of the same
2043 commodity must and bearing the total selling price of the
2044 package shall bear on the outside of the package a plain and
2045 conspicuous declaration of the price per single unit of weight
2046 and the total retail price of the package, as defined by
2047 department rule.
2048 Section 58. Section 531.49, Florida Statutes, is amended to
2049 read:
2050 531.49 Advertising packages for sale.—Whenever A packaged
2051 commodity is advertised in any manner with the retail price
2052 stated, there shall be closely and conspicuously associated with
2053 the retail price must have a declaration of quantity as is
2054 required by law or rule to appear on the package.
2055 Section 59. Present subsections (44), (45), and (46) of
2056 section 570.07, Florida Statutes, are redesignated as
2057 subsections (47), (48), and (49), respectively, and new
2058 subsections (44), (45), and (46) are added to that section, to
2059 read:
2060 570.07 Department of Agriculture and Consumer Services;
2061 functions, powers, and duties.—The department shall have and
2062 exercise the following functions, powers, and duties:
2063 (44)(a) To foster and encourage the employment and
2064 retention of qualified veterinary pathologists. The department
2065 may reimburse the educational expenses of qualified veterinary
2066 pathologists who enter into an agreement with the department to
2067 retain employment for a specified period of time.
2068 (b) The department shall adopt rules to administer this
2069 subsection.
2070 (45) Subject to appropriation, to extend state and national
2071 Future Farmers of America opportunities to any public school
2072 student enrolled in agricultural education, at little or no cost
2073 to the student or school district, and to support statewide
2074 Future Farmers of America programming that helps such students
2075 develop their potential for premier leadership, personal growth,
2076 and career success.
2077 (46)(a) Notwithstanding ss. 287.042 and 287.057, to use
2078 contracts procured by another agency.
2079 (b) As used in this subsection, the term “agency” has the
2080 same meaning as provided in s. 287.012.
2081 Section 60. Subsection (2) of section 570.544, Florida
2082 Statutes, is amended to read:
2083 570.544 Division of Consumer Services; director; powers;
2084 processing of complaints; records.—
2085 (2) The director shall supervise, direct, and coordinate
2086 the activities of the division and shall, under the direction of
2087 the department, enforce the provisions of ss. 366.94 and ss.
2088 604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526,
2089 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849.
2090 Section 61. Section 570.546, Florida Statutes, is created
2091 to read:
2092 570.546 Licensing.—
2093 (1) The department is authorized to:
2094 (a) Create a process for the bulk renewal of licenses which
2095 will allow licensees the ability, upon request, to submit all
2096 license applications of the same type, notwithstanding any
2097 provisions of law applicable to each application process.
2098 (b) Create a process that will allow licensees, upon
2099 request, to align the expiration dates of licenses within a
2100 statutory program.
2101 (c) Change the expiration dates for current licensees for
2102 the purpose of reducing large numbers of license expirations
2103 that occur during the same month.
2104 (2) The department shall prorate any licensing fee for
2105 which the term of the license was reduced for the purposes of
2106 alignment.
2107 (3) The department shall adopt rules to implement this
2108 section.
2109 Section 62. Section 570.694, Florida Statutes, is created
2110 to read:
2111 570.694 Florida Aquaculture Foundation.—
2112 (1) The Florida Aquaculture Foundation is established as a
2113 direct-support organization within the Department of Agriculture
2114 and Consumer Services. The purpose of the foundation is to:
2115 (a) Conduct programs and activities related to the
2116 assistance, promotion, and furtherance of aquaculture and
2117 aquaculture producers in this state.
2118 (b) Identify and pursue methods to provide statewide
2119 resources and materials for these programs.
2120 (2) The foundation shall be governed by s. 570.691.
2121 (3) The department is authorized to appoint an advisory
2122 committee adjunct to the foundation pursuant to s. 570.232.
2123 Section 63. Section 570.822, Florida Statutes, is amended
2124 to read:
2125 570.822 Agriculture and Aquaculture Producers Emergency
2126 Natural Disaster Recovery Loan Program.—
2127 (1) DEFINITIONS.—As used in this section, the term:
2128 (a) “Bona fide farm operation” means a farm operation
2129 engaged in a good faith commercial agricultural use of land on
2130 land classified as agricultural pursuant to s. 193.461 or on
2131 sovereign submerged land that is leased to the applicant by the
2132 department pursuant to s. 597.010 and that produces agricultural
2133 products within the definition of agriculture under s. 570.02.
2134 (b) “Declared emergency natural disaster” means an
2135 emergency a natural disaster for which a state of emergency is
2136 declared pursuant to s. 252.36 or s. 570.07(21).
2137 (c) “Department” means the Department of Agriculture and
2138 Consumer Services.
2139 (d) “Essential physical property” means fences; equipment;
2140 structural production facilities, such as shade houses and
2141 greenhouses; or other agriculture or aquaculture facilities or
2142 infrastructure.
2143 (e) “Program” means the Agriculture and Aquaculture
2144 Producers Emergency Natural Disaster Recovery Loan Program.
2145 (2) USE OF LOAN FUNDS; LOAN TERMS.—
2146 (a) The program is established within the department to
2147 make loans to agriculture and aquaculture producers that have
2148 experienced damage or destruction from a declared emergency
2149 natural disaster. Loan funds may be used to restore, repair, or
2150 replace essential physical property or remove vegetative debris
2151 from essential physical property, or restock aquaculture. A
2152 structure or building constructed using loan proceeds must
2153 comply with storm-hardening standards for nonresidential farm
2154 buildings as defined in s. 604.50(2). The department shall adopt
2155 such standards by rule.
2156 (b) The department may make a low-interest or interest-free
2157 loan to an eligible applicant. The maximum amount that an
2158 applicant may receive during the application period for a loan
2159 is $500,000. An applicant may not receive more than one loan per
2160 application period and no more than two loans per year or no
2161 more than five loans in any 3-year period. A loan term is 10
2162 years.
2163 (3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
2164 applicant must:
2165 (a) Own or lease a bona fide farm operation that is located
2166 in a county named in a declared emergency natural disaster and
2167 that was damaged or destroyed as a result of such declared
2168 emergency natural disaster.
2169 (b) Maintain complete and acceptable farm records, pursuant
2170 to criteria published by the department, and present them as
2171 proof of production levels and bona fide farm operations.
2172 (4) LOAN APPLICATION AND AGREEMENT.—
2173 (a) Requests for loans must be made by application to the
2174 department. Upon a determination that funding for loans is
2175 available, the department shall publicly notice an application
2176 period for the declared emergency natural disaster, beginning
2177 within 60 days after the date of the declared emergency natural
2178 disaster and running up to 1 year after the date of the declared
2179 emergency natural disaster or until all available loan funds are
2180 exhausted, whichever occurs first. The application may be
2181 renewed upon a determination from the department and pursuant to
2182 an active declared emergency.
2183 (b) An applicant must demonstrate the need for financial
2184 assistance and an ability to repay or meet a standard credit
2185 rating determined by the department.
2186 (c) Loans must be made pursuant to written agreements
2187 specifying the terms and conditions agreed to by the approved
2188 applicant and the department. The loan agreement must specify
2189 that the loan is due upon sale if the property or other
2190 collateral for the loan is sold.
2191 (d) An approved applicant must agree to stay in production
2192 for the duration of the loan. A loan is not assumable.
2193 (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
2194 by a lien, subordinate only to any mortgage held by a financial
2195 institution as defined in s. 655.005, on property or other
2196 collateral as set forth in the loan agreement. The specific type
2197 of collateral required may vary depending upon the loan purpose,
2198 repayment ability, and the particular circumstances of the
2199 applicant. The department shall record the lien in public
2200 records in the county where the property is located and, in the
2201 case of personal property, perfect the security interest by
2202 filing appropriate Uniform Commercial Code forms with the
2203 Florida Secured Transaction Registry as required pursuant to
2204 chapter 679.
2205 (6) LOAN REPAYMENT.—
2206 (a) A loan is due and payable in accordance with the terms
2207 of the loan agreement.
2208 (b) The department shall defer payments for the first 3
2209 years of the loan. After 3 years, the department shall reduce
2210 the principal balance annually through the end of the loan term
2211 such that the original principal balance is reduced by 30
2212 percent. If the principal balance is repaid before the end of
2213 the 10th year, the applicant may not be required to pay more
2214 than 70 percent of the original principal balance. The approved
2215 applicant must continue to be actively engaged in production in
2216 order to receive the original principal balance reductions and
2217 must continue to meet the loan agreement terms to the
2218 satisfaction of the department.
2219 (c) An approved applicant may make payments on the loan at
2220 any time without penalty. Early repayment is encouraged as other
2221 funding sources or revenues become available to the approved
2222 applicant.
2223 (d) All repayments of principal and interest, if
2224 applicable, received by the department in a fiscal year must be
2225 returned to the loan fund and made available for loans to other
2226 applicants in the next application period.
2227 (e) The department may periodically review an approved
2228 applicant to determine whether he or she continues to be in
2229 compliance with the terms of the loan agreement. If the
2230 department finds that an applicant is no longer in production or
2231 has otherwise violated the loan agreement, the department may
2232 seek repayment of the full original principal balance
2233 outstanding, including any interest or costs, as applicable, and
2234 excluding any applied or anticipated original principal balance
2235 reductions.
2236 (f) The department may defer or waive loan payments if at
2237 any time during the repayment period of a loan, the approved
2238 applicant experiences a significant hardship such as crop loss
2239 from a weather-related event or from impacts from a natural
2240 disaster or declared emergency.
2241 (7) ADMINISTRATION.—
2242 (a) The department shall create and maintain a separate
2243 account in the General Inspection Trust Fund as a fund for the
2244 program. All repayments must be returned to the loan fund and
2245 made available as provided in this section. Notwithstanding s.
2246 216.301, funds appropriated for the loan program are not subject
2247 to reversion. The department shall manage the fund, establishing
2248 loan practices that must include, but are not limited to,
2249 procedures for establishing loan interest rates, uses of
2250 funding, application procedures, and application review
2251 procedures. The department is authorized to contract with a
2252 third-party administrator to administer the program and manage
2253 the loan fund. A contract for a third-party administrator that
2254 includes management of the loan fund must, at a minimum, require
2255 maintenance of the loan fund to ensure that the program may
2256 operate in a revolving manner.
2257 (b) The department shall coordinate with other state
2258 agencies and other entities to ensure to the greatest extent
2259 possible that agriculture and aquaculture producers in this
2260 state have access to the maximum financial assistance available
2261 following a declared emergency natural disaster. The
2262 coordination must endeavor to ensure that there is no
2263 duplication of financial assistance between the loan program and
2264 other funding sources, such as any federal or other state
2265 programs, including public assistance requests to the Federal
2266 Emergency Management Agency or financial assistance from the
2267 United States Department of Agriculture, which could render the
2268 approved applicant ineligible for other financial assistance.
2269 (8) PUBLIC RECORDS EXEMPTION.—
2270 (a) The following information held by the department
2271 pursuant to its administration of the program is exempt from s.
2272 119.07(1) and s. 24(a), Art. I of the State Constitution:
2273 1. Tax returns.
2274 2. Credit history information, credit reports, and credit
2275 scores.
2276 (b) This subsection does not prohibit the disclosure of
2277 information held by the department pursuant to its
2278 administration of the program in an aggregated and anonymized
2279 format.
2280 (c) This subsection is subject to the Open Government
2281 Sunset Review Act in accordance with s. 119.15 and shall stand
2282 repealed on October 2, 2029, unless reviewed and saved from
2283 repeal through reenactment by the Legislature.
2284 (9) RULES.—The department shall adopt rules to implement
2285 this section.
2286 (10) REPORTS.—By December 1, 2024, and each December 1
2287 thereafter, the department shall provide a report on program
2288 activities during the previous fiscal year to the President of
2289 the Senate and the Speaker of the House of Representatives. The
2290 report must include information on noticed application periods,
2291 the number and value of loans awarded under the program for each
2292 application period, the number and value of loans outstanding,
2293 the number and value of any loan repayments received, and an
2294 anticipated repayment schedule for all loans.
2295 (11) SUNSET.—This section expires July 1, 2043, unless
2296 reviewed and saved from repeal through reenactment by the
2297 Legislature.
2298 Section 64. Section 570.823, Florida Statutes, is created
2299 to read:
2300 570.823 Silviculture emergency recovery program.—
2301 (1) DEFINITIONS.—As used in this section, the term:
2302 (a) “Bona fide farm operation” means a farm operation
2303 engaged in a good faith commercial agricultural use of land on
2304 land classified as agricultural pursuant to s. 193.461 that
2305 produces agricultural products within the definition of
2306 agriculture under s. 570.02.
2307 (b) “Declared emergency” means an emergency for which a
2308 state of emergency is declared pursuant to s. 252.36 or s.
2309 570.07(21).
2310 (c) “Department” means the Department of Agriculture and
2311 Consumer Services.
2312 (d) “Program” means the silviculture emergency recovery
2313 program.
2314 (2) USE OF GRANT FUNDS; GRANT TERMS.—
2315 (a) The silviculture emergency recovery program is
2316 established within the department to administer a grant program
2317 to assist timber landowners whose timber land was damaged as a
2318 result of a declared emergency. Grants provided to eligible
2319 timber landowners must be used for:
2320 1. Timber stand restoration, including downed tree removal
2321 on land which will retain the existing trees on site which are
2322 lightly or completely undamaged;
2323 2. Site preparation, and tree replanting; or
2324 3. Road and trail clearing on private timber lands to
2325 provide emergency access and facilitate salvage operations.
2326 (b) Only timber land located on lands classified as
2327 agricultural lands under s. 193.461 are eligible for the
2328 program.
2329 (c) The department shall coordinate with state agencies and
2330 other entities to ensure to the greatest extent possible that
2331 timber landowners have access to the maximum financial
2332 assistance available following a specified declared emergency.
2333 The coordination must endeavor to ensure that there is no
2334 duplication of financial assistance between these funds and
2335 other funding sources, such as any federal or other state
2336 programs, including public assistance requests to the Federal
2337 Emergency Management Agency or financial assistance from the
2338 United States Department of Agriculture, which would render the
2339 approved applicant ineligible for other financial assistance.
2340 (d) The department is authorized to adopt rules to
2341 implement this section, including emergency rules.
2342 Notwithstanding any other provision of law, emergency rules
2343 adopted pursuant to this subsection are effective for 6 months
2344 after adoption and may be renewed during the pendency of
2345 procedures to adopt permanent rules addressing the subject of
2346 the emergency rules.
2347 Section 65. Section 570.831, Florida Statutes, is created
2348 to read:
2349 570.831 Florida beef marketing program.—The Cattle
2350 Enhancement Board, Inc., in coordination with the department,
2351 shall, subject to appropriation, establish a Florida beef
2352 marketing program to conduct research designed to expand the
2353 uses of beef and beef products and strengthen the market
2354 position of Florida’s cattle industry through marketing
2355 campaigns and promotions within this state and the nation.
2356 Section 66. Subsections (2) and (5) of section 581.1843,
2357 Florida Statutes, are amended to read:
2358 581.1843 Citrus nursery stock propagation and production
2359 and the establishment of regulated areas around citrus
2360 nurseries.—
2361 (2) Effective January 1, 2007, it is unlawful for any
2362 person to propagate for sale or movement any citrus nursery
2363 stock that was not propagated or grown on a site and within a
2364 protective structure approved by the department and that is not
2365 at least 1 mile away from commercial citrus groves. A citrus
2366 nursery registered with the department prior to April 1, 2006,
2367 shall not be required to comply with the 1-mile setback from
2368 commercial citrus groves while continuously operating at the
2369 same location for which it was registered. However, the nursery
2370 shall be required to propagate citrus within a protective
2371 structure approved by the department. Effective January 1, 2008,
2372 it is shall be unlawful to distribute any citrus nursery stock
2373 that was not produced in a protective structure approved by the
2374 department.
2375 (5) The department shall establish regulated areas around
2376 the perimeter of commercial citrus nurseries that were
2377 established on sites after April 1, 2006, not to exceed a radius
2378 of 1 mile. The planting of citrus in an established regulated
2379 area is prohibited. The planting of citrus within a 1-mile
2380 radius of commercial citrus nurseries that were established on
2381 sites prior to April 1, 2006, must be approved by the
2382 department. Citrus plants planted within a regulated area prior
2383 to the establishment of the regulated area may remain in the
2384 regulated area unless the department determines the citrus
2385 plants to be infected or infested with citrus canker or citrus
2386 greening. The department shall require the removal of infected
2387 or infested citrus, nonapproved planted citrus, and citrus that
2388 has sprouted by natural means in regulated areas. The property
2389 owner shall be responsible for the removal of citrus planted
2390 without proper approval. Notice of the removal of citrus trees,
2391 by immediate final order of the department, shall be provided to
2392 the owner of the property on which the trees are located. An
2393 immediate final order issued by the department under this
2394 section shall notify the property owner that the citrus trees,
2395 which are the subject of the immediate final order, must be
2396 removed and destroyed unless the property owner, no later than
2397 10 days after delivery of the immediate final order, requests
2398 and obtains a stay of the immediate final order from the
2399 district court of appeal with jurisdiction to review such
2400 requests. The property owner shall not be required to seek a
2401 stay from the department of the immediate final order prior to
2402 seeking a stay from the district court of appeal.
2403 Section 67. Sections 593.101, 593.102, 593.103, 593.104,
2404 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111,
2405 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116,
2406 and 593.117, Florida Statutes, are repealed.
2407 Section 68. Subsection (11) of section 595.404, Florida
2408 Statutes, is amended to read:
2409 595.404 School food and other nutrition programs; powers
2410 and duties of the department.—The department has the following
2411 powers and duties:
2412 (11) To adopt and implement an appeal process by rule, as
2413 required by federal regulations, for applicants and participants
2414 under the programs implemented pursuant to this chapter,
2415 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss.
2416 120.569 and 120.57-120.595.
2417 Section 69. Section 599.002, Florida Statutes, is amended
2418 to read:
2419 599.002 Florida Wine Viticulture Advisory Council.—
2420 (1) There is created within the Department of Agriculture
2421 and Consumer Services the Florida Wine Viticulture Advisory
2422 Council, to be composed consist of eight members as follows: the
2423 president of the Florida Wine and Grape Growers Association
2424 Florida Grape Growers’ Association or a designee thereof; a
2425 representative from the Institute of Food and Agricultural
2426 Sciences; a representative from the viticultural science program
2427 at Florida Agricultural and Mechanical University; and five
2428 additional commercial members, to be appointed for a 2-year term
2429 each by the Commissioner of Agriculture, including a wine
2430 producer, a fresh fruit producer, a nonwine product (juice,
2431 jelly, pie fillings, etc.) producer, and a viticultural nursery
2432 operator.
2433 (2) The meetings, powers and duties, procedures, and
2434 recordkeeping of the Florida Wine Viticulture Advisory Council
2435 shall be pursuant to s. 570.232.
2436 (3) The primary responsibilities of the Florida Wine
2437 Viticulture Advisory Council are to submit to the Commissioner
2438 of Agriculture, annually, the industry’s recommendations for
2439 wine and viticultural research, promotion, and education and, as
2440 necessary, the industry’s recommendations for revisions to the
2441 State Wine Viticulture Plan.
2442 Section 70. Section 599.003, Florida Statutes, is amended
2443 to read:
2444 599.003 State Wine Viticulture Plan.—
2445 (1) The Commissioner of Agriculture, in consultation with
2446 the Florida Wine Viticulture Advisory Council, shall develop and
2447 coordinate the implementation of the State Wine Viticulture
2448 Plan, which shall identify problems and constraints of the wine
2449 and viticulture industry, propose possible solutions to those
2450 problems, and develop planning mechanisms for the orderly growth
2451 of the industry, including:
2452 (a) Criteria for wine and viticultural research, service,
2453 and management priorities.
2454 (b) Additional proposed legislation that may be required.
2455 (c) Plans and goals to improve research and service
2456 capabilities at Florida Agricultural and Mechanical University
2457 and the University of Florida in their efforts to address
2458 current and future needs of the industry.
2459 (d) The potential for viticulture products in terms of
2460 market and needs for development.
2461 (e) Evaluation of wine policy alternatives, including, but
2462 not limited to, continued improvement in wine quality, blending
2463 considerations, promotion and advertising, labeling and vineyard
2464 designations, and development of production and marketing
2465 strategies.
2466 (f) Evaluation of production and fresh fruit policy
2467 alternatives, including, but not limited to, setting minimum
2468 grades and standards, promotion and advertising, development of
2469 production and marketing strategies, and setting minimum
2470 standards on types and quality of nursery plants.
2471 (g) Evaluation of policy alternatives for nonwine processed
2472 products, including, but not limited to, setting minimum quality
2473 standards and development of production and marketing
2474 strategies.
2475 (h) Research and service priorities for further development
2476 of the wine and viticulture industry.
2477 (i) The identification of state agencies and public and
2478 private institutions concerned with research, education,
2479 extension, services, planning, promotion, and marketing
2480 functions related to wine and viticultural development and the
2481 delineation of contributions and responsibilities.
2482 (j) Business planning, investment potential, financial
2483 risks, and economics of production and utilization.
2484 (2) A revision and update of the State Wine Viticulture
2485 Plan must shall be submitted biennially to the President of the
2486 Senate, the Speaker of the House of Representatives, and the
2487 chairs of appropriate committees of the Senate and House of
2488 Representatives, and a progress report and budget request must
2489 shall be submitted annually.
2490 Section 71. Paragraph (a) of subsection (2) and subsection
2491 (3) of section 599.004, Florida Statutes, are amended, and
2492 paragraph (d) is added to subsection (2) of that section, to
2493 read:
2494 599.004 Florida Farm Winery Program; registration; logo;
2495 fees.—
2496 (2)(a) The department, in coordination with the Florida
2497 Wine Viticulture Advisory Council, shall develop and designate
2498 by rule a Florida Farm Winery logo, emblem, and directional sign
2499 to guide the public to certified Florida Farm Wineries Winery
2500 tourist attractions. The logo and emblem of certified Florida
2501 Farm Winery signs must shall be uniform.
2502 (d) Wineries that fail to recertify annually or pay the
2503 licensing fee required in paragraph (c) are subject to having
2504 the signs referenced in paragraph (b) removed and will be
2505 responsible for all costs incurred by the Department of
2506 Transportation in connection with the removal.
2507 (3) All fees collected, except as otherwise provided by
2508 this section, shall be deposited into the Florida Wine
2509 Viticulture Trust Fund and used to develop consumer information
2510 on the native characteristics and proper use of wines.
2511 Section 72. Section 599.012, Florida Statutes, is amended
2512 to read:
2513 599.012 Wine Viticulture Trust Fund; creation.—
2514 (1) There is established the Viticulture Trust Fund within
2515 the Department of Agriculture and Consumer Services. The
2516 department shall use the moneys deposited in the trust fund
2517 pursuant to subsection (2) to do all the following:
2518 (a) Develop and coordinate the implementation of the State
2519 Viticulture Plan.
2520 (b) Promote viticulture products manufactured from products
2521 grown in the state.
2522 (c) Provide grants for viticultural research.
2523 (2) Fifty percent of the revenues collected from the excise
2524 taxes imposed under s. 564.06 on wine produced by manufacturers
2525 in this state from products grown in the state will be deposited
2526 in the Viticulture Trust Fund in accordance with that section.
2527 Section 73. Subsection (1) of section 616.12, Florida
2528 Statutes, is amended to read:
2529 616.12 Licenses upon certain shows; distribution of fees;
2530 exemptions.—
2531 (1) Each person who operates any traveling show,
2532 exhibition, amusement enterprise, carnival, vaudeville, exhibit,
2533 minstrel, rodeo, theatrical, game or test of skill, riding
2534 device, dramatic repertoire, other show or amusement, or
2535 concession, including a concession operating in a tent,
2536 enclosure, or other temporary structure, within the grounds of,
2537 and in connection with, any annual public fair held by a fair
2538 association shall pay the license taxes provided by law.
2539 However, if the association satisfies the requirements of this
2540 chapter, including securing the required fair permit from the
2541 department, the license taxes and local business tax authorized
2542 in chapter 205 are waived and the department shall issue a tax
2543 exemption certificate. The department shall adopt the proper
2544 forms and rules to administer this section, including the
2545 necessary tax exemption certificate, showing that the fair
2546 association has met all requirements and that the traveling
2547 show, exhibition, amusement enterprise, carnival, vaudeville,
2548 exhibit, minstrel, rodeo, theatrical, game or test of skill,
2549 riding device, dramatic repertoire, other show or amusement, or
2550 concession is exempt.
2551 Section 74. Section 687.16, Florida Statutes, is created to
2552 read:
2553 687.16 Florida Farmer Financial Protection Act.—
2554 (1) SHORT TITLE.—This section may be cited as the “Florida
2555 Farmer Financial Protection Act.”
2556 (2) DEFINITIONS.—As used in this section, the term:
2557 (a) “Agriculture producer” means a person or company
2558 authorized to do business in this state and engaged in the
2559 production of goods derived from plants or animals, including,
2560 but not limited to, the growing of crops, silviculture, animal
2561 husbandry, or the production of livestock or dairy products.
2562 (b) “Agritourism activity” has the same meaning as provided
2563 in s. 570.86.
2564 (c) “Commissioner” means the Commissioner of Agriculture.
2565 (d) “Company” means a for-profit organization, association,
2566 corporation, partnership, joint venture, sole proprietorship,
2567 limited partnership, limited liability partnership, or limited
2568 liability company, including a wholly owned subsidiary,
2569 majority-owned subsidiary, parent company, or affiliate of those
2570 entities or business associations authorized to do business in
2571 this state.
2572 (e) “Denies or restricts” means refusing to provide
2573 services, terminating existing services, or restricting or
2574 burdening the scope or nature of services offered or provided.
2575 (f) “Discriminate in the provision of financial services”
2576 means to deny or restrict services and thereby decline to
2577 provide financial services.
2578 (g) “ESG factor” means any factor or consideration that is
2579 collateral to or not reasonably likely to affect or impact
2580 financial risk and includes the promotion, furtherance, or
2581 achievement of environmental, social, or political goals,
2582 objectives, or outcomes, which may include the agriculture
2583 producer’s greenhouse gas emissions, use of fossil-fuel derived
2584 fertilizer, or use of fossil-fuel powered machinery.
2585 (h) “Farm” means the land, buildings, support facilities,
2586 machinery, and other appurtenances used in the production of
2587 farm or aquaculture products.
2588 (i) “Financial institution” means a company authorized to
2589 do business in this state which has total assets of more than
2590 $100 million and offers financial services. A financial
2591 institution includes any affiliate or subsidiary company, even
2592 if that affiliate or subsidiary company is also a financial
2593 institution.
2594 (j) “Financial service” means any product or service that
2595 is of a financial nature and is offered by a financial
2596 institution.
2597 (3) FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS.—
2598 (a) A financial institution may not discriminate in the
2599 provision of financial services to an agriculture producer
2600 based, in whole or in part, upon an ESG factor.
2601 (b) If a financial institution has made any ESG commitment
2602 related to agriculture, there is an inference that the
2603 institution’s denial or restriction of a financial service to an
2604 agriculture producer violates paragraph (a).
2605 (c) A financial institution may overcome the inference in
2606 paragraph (b) by demonstrating that its denial or restriction of
2607 a financial service was based solely on documented risk
2608 analysis, and not on any ESG factor.
2609 (4) ENFORCEMENT; COMPENSATORY DAMAGES.—The Attorney
2610 General, in consultation with the Office of Financial
2611 Regulation, is authorized to enforce subsection (3). Any
2612 violation of subsection (3) constitutes an unfair trade practice
2613 under part II of chapter 501 and the Attorney General is
2614 authorized to investigate and seek remedies as provided in
2615 general law. Actions for damages may be sought by an aggrieved
2616 party.
2617 Section 75. Paragraph (a) of subsection (3) of section
2618 741.0305, Florida Statutes, is amended to read:
2619 741.0305 Marriage fee reduction for completion of
2620 premarital preparation course.—
2621 (3)(a) All individuals electing to participate in a
2622 premarital preparation course shall choose from the following
2623 list of qualified instructors:
2624 1. A psychologist licensed under chapter 490.
2625 2. A clinical social worker licensed under chapter 491.
2626 3. A marriage and family therapist licensed under chapter
2627 491.
2628 4. A mental health counselor licensed under chapter 491.
2629 5. An official representative of a religious institution
2630 which is recognized under s. 496.404 s. 496.404(23), if the
2631 representative has relevant training.
2632 6. Any other provider designated by a judicial circuit,
2633 including, but not limited to, school counselors who are
2634 certified to offer such courses. Each judicial circuit may
2635 establish a roster of area course providers, including those who
2636 offer the course on a sliding fee scale or for free.
2637 Section 76. Paragraph (h) of subsection (2), subsection
2638 (3), paragraph (c) of subsection (6), and subsection (10) of
2639 section 790.06, Florida Statutes, are amended to read:
2640 790.06 License to carry concealed weapon or concealed
2641 firearm.—
2642 (2) The Department of Agriculture and Consumer Services
2643 shall issue a license if the applicant:
2644 (h) Demonstrates competence with a firearm by any one of
2645 the following:
2646 1. Completion of any hunter education or hunter safety
2647 course approved by the Fish and Wildlife Conservation Commission
2648 or a similar agency of another state;
2649 2. Completion of any National Rifle Association firearms
2650 safety or training course;
2651 3. Completion of any firearms safety or training course or
2652 class available to the general public offered by a law
2653 enforcement agency, junior college, college, or private or
2654 public institution or organization or firearms training school,
2655 using instructors certified by the National Rifle Association,
2656 Criminal Justice Standards and Training Commission, or the
2657 Department of Agriculture and Consumer Services;
2658 4. Completion of any law enforcement firearms safety or
2659 training course or class offered for security guards,
2660 investigators, special deputies, or any division or subdivision
2661 of a law enforcement agency or security enforcement;
2662 5. Presents evidence of equivalent experience with a
2663 firearm through participation in organized shooting competition
2664 or United States military service;
2665 6. Is licensed or has been licensed to carry a concealed
2666 weapon or concealed firearm in this state or a county or
2667 municipality of this state, unless such license has been revoked
2668 for cause; or
2669 7. Completion of any firearms training or safety course or
2670 class conducted by a state-certified or National Rifle
2671 Association certified firearms instructor;
2672
2673 A photocopy of a certificate of completion of any of the courses
2674 or classes; an affidavit from the instructor, school, club,
2675 organization, or group that conducted or taught such course or
2676 class attesting to the completion of the course or class by the
2677 applicant; or a copy of any document that shows completion of
2678 the course or class or evidences participation in firearms
2679 competition shall constitute evidence of qualification under
2680 this paragraph. A person who conducts a course pursuant to
2681 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
2682 an instructor, attests to the completion of such courses, must
2683 maintain records certifying that he or she observed the student
2684 safely handle and discharge the firearm in his or her physical
2685 presence and that the discharge of the firearm included live
2686 fire using a firearm and ammunition as defined in s. 790.001;
2687 (3)(a) The Department of Agriculture and Consumer Services
2688 shall deny a license if the applicant has been found guilty of,
2689 had adjudication of guilt withheld for, or had imposition of
2690 sentence suspended for one or more crimes of violence
2691 constituting a misdemeanor, unless 3 years have elapsed since
2692 probation or any other conditions set by the court have been
2693 fulfilled or the record has been sealed or expunged. The
2694 Department of Agriculture and Consumer Services shall revoke a
2695 license if the licensee has been found guilty of, had
2696 adjudication of guilt withheld for, or had imposition of
2697 sentence suspended for one or more crimes of violence within the
2698 preceding 3 years. The department shall, upon notification by a
2699 law enforcement agency, a court, clerk’s office, or the Florida
2700 Department of Law Enforcement and subsequent written
2701 verification, temporarily suspend a license or the processing of
2702 an application for a license if the licensee or applicant is
2703 arrested or formally charged with a crime that would disqualify
2704 such person from having a license under this section, until
2705 final disposition of the case. The department shall suspend a
2706 license or the processing of an application for a license if the
2707 licensee or applicant is issued an injunction that restrains the
2708 licensee or applicant from committing acts of domestic violence
2709 or acts of repeat violence. The department shall notify the
2710 licensee or applicant suspended under this section of his or her
2711 right to a hearing pursuant to chapter 120. A hearing conducted
2712 regarding the temporary suspension must be for the limited
2713 purpose of determining whether the licensee has been arrested or
2714 charged with a disqualifying crime or issued an injunction or
2715 court order. If the criminal case or injunction results in a
2716 nondisqualifying disposition, the department must issue an order
2717 lifting the suspension upon the applicant or licensee’s
2718 submission to the department of a certified copy of the final
2719 resolution. If the criminal case results in a disqualifying
2720 disposition, the suspension remains in effect and the department
2721 must proceed with denial or revocation proceedings pursuant to
2722 chapter 120.
2723 (b) This subsection may not be construed to limit,
2724 restrict, or inhibit the constitutional right to bear arms and
2725 carry a concealed weapon in this state. The Legislature finds it
2726 a matter of public policy and public safety that it is necessary
2727 to ensure that potentially disqualifying information about an
2728 applicant or licensee is investigated and processed in a timely
2729 manner by the department pursuant to this section. The
2730 Legislature intends to clarify that suspensions pursuant to this
2731 section are temporary, and the department has the duty to make
2732 an eligibility determination and issue a license in the time
2733 frame prescribed in this subsection.
2734 (6)
2735 (c) The Department of Agriculture and Consumer Services
2736 shall, within 90 days after the date of receipt of the items
2737 listed in subsection (5):
2738 1. Issue the license; or
2739 2. Deny the application based solely on the ground that the
2740 applicant fails to qualify under the criteria listed in
2741 subsection (2) or subsection (3). If the Department of
2742 Agriculture and Consumer Services denies the application, it
2743 shall notify the applicant in writing, stating the ground for
2744 denial and informing the applicant of any right to a hearing
2745 pursuant to chapter 120.
2746 3. In the event the result of the criminal history
2747 screening identifies department receives criminal history
2748 information related to a crime that may disqualify the applicant
2749 but does not contain with no final disposition of the crime or
2750 lacks sufficient information to make an eligibility
2751 determination on a crime which may disqualify the applicant, the
2752 time limitation prescribed by this paragraph may be extended for
2753 up to an additional 90 days from the receipt of the information
2754 suspended until receipt of the final disposition or proof of
2755 restoration of civil and firearm rights. The department may make
2756 a request for information to the jurisdiction where the criminal
2757 history information originated but must issue a license if it
2758 does not obtain a disposition or sufficient information to make
2759 an eligibility determination during the additional 90 days if
2760 the applicant is otherwise eligible. The department may take any
2761 action authorized in this section if it receives disqualifying
2762 criminal history information during the additional 90-day review
2763 or after issuance of a license.
2764 (10) A license issued under this section must shall be
2765 temporarily suspended as provided for in subparagraph (6)(c)3.,
2766 or revoked pursuant to chapter 120 if the license was issued in
2767 error or if the licensee:
2768 (a) Is found to be ineligible under the criteria set forth
2769 in subsection (2);
2770 (b) Develops or sustains a physical infirmity which
2771 prevents the safe handling of a weapon or firearm;
2772 (c) Is convicted of a felony which would make the licensee
2773 ineligible to possess a firearm pursuant to s. 790.23;
2774 (d) Is found guilty of a crime under chapter 893, or
2775 similar laws of any other state, relating to controlled
2776 substances;
2777 (e) Is committed as a substance abuser under chapter 397,
2778 or is deemed a habitual offender under s. 856.011(3), or similar
2779 laws of any other state;
2780 (f) Is convicted of a second violation of s. 316.193, or a
2781 similar law of another state, within 3 years after a first
2782 conviction of such section or similar law of another state, even
2783 though the first violation may have occurred before the date on
2784 which the application was submitted;
2785 (g) Is adjudicated an incapacitated person under s.
2786 744.331, or similar laws of any other state; or
2787 (h) Is committed to a mental institution under chapter 394,
2788 or similar laws of any other state.
2789
2790 Notwithstanding s. 120.60(5), service of a notice of the
2791 suspension or revocation of a concealed weapon or concealed
2792 firearm license must be given by either certified mail, return
2793 receipt requested, to the licensee at his or her last known
2794 mailing address furnished to the Department of Agriculture and
2795 Consumer Services, or by personal service. If a notice given by
2796 certified mail is returned as undeliverable, a second attempt
2797 must be made to provide notice to the licensee at that address,
2798 by either first-class mail in an envelope, postage prepaid,
2799 addressed to the licensee at his or her last known mailing
2800 address furnished to the department, or, if the licensee has
2801 provided an e-mail address to the department, by e-mail. Such
2802 mailing by the department constitutes notice, and any failure by
2803 the licensee to receive such notice does not stay the effective
2804 date or term of the suspension or revocation. A request for
2805 hearing must be filed with the department within 21 days after
2806 notice is received by personal delivery, or within 26 days after
2807 the date the department deposits the notice in the United States
2808 mail (21 days plus 5 days for mailing). The department shall
2809 document its attempts to provide notice, and such documentation
2810 is admissible in the courts of this state and constitutes
2811 sufficient proof that notice was given.
2812 Section 77. Subsection (2) of section 812.0151, Florida
2813 Statutes, is amended to read:
2814 812.0151 Retail fuel theft.—
2815 (2)(a) A person commits a felony of the third degree,
2816 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2817 if he or she willfully, knowingly, and without authorization:
2818 1. Breaches a retail fuel dispenser or accesses any
2819 internal portion of a retail fuel dispenser; or
2820 2. Possesses any device constructed for the purpose of
2821 fraudulently altering, manipulating, or interrupting the normal
2822 functioning of a retail fuel dispenser; or
2823 3. Possesses any form of a payment instrument that can be
2824 used, alone or in conjunction with another access device, to
2825 authorize a fuel transaction or obtain fuel, including, but not
2826 limited to, a plastic payment card with a magnetic stripe or a
2827 chip encoded with account information or both, with the intent
2828 to defraud the fuel retailer, the authorized payment instrument
2829 financial account holder, or the banking institution that issued
2830 the payment instrument financial account.
2831 (b) A person commits a felony of the second degree,
2832 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2833 if he or she willfully, knowingly, and without authorization:
2834 1. Physically tampers with, manipulates, removes, replaces,
2835 or interrupts any mechanical or electronic component located on
2836 within the internal or external portion of a retail fuel
2837 dispenser; or
2838 2. Uses any form of electronic communication to
2839 fraudulently alter, manipulate, or interrupt the normal
2840 functioning of a retail fuel dispenser.
2841 (c) A person commits a felony of the third degree,
2842 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2843 if he or she:
2844 1. Obtains fuel as a result of violating paragraph (a) or
2845 paragraph (b); or
2846 2. Modifies a vehicle’s factory installed fuel tank or
2847 possesses any item used to hold fuel which was not fitted to a
2848 vehicle or conveyance at the time of manufacture with the intent
2849 to use such fuel tank or item to hold or transport fuel obtained
2850 as a result of violating paragraph (a) or paragraph (b); or
2851 3. Uses any form of a payment instrument that can be used,
2852 alone or in conjunction with another access device, to authorize
2853 a fuel transaction or obtain fuel, including, but not limited
2854 to, a plastic payment card with a magnetic stripe or a chip
2855 encoded with account information or both, with the intent to
2856 defraud the fuel retailer, the authorized payment instrument
2857 financial account holder, or the banking institution that issued
2858 the payment instrument financial account.
2859 Section 78. Section 812.136, Florida Statutes, is created
2860 to read:
2861 812.136 Mail theft.—
2862 (1) As used in this section, unless the context otherwise
2863 requires:
2864 (a) “Mail” means any letter, postal card, parcel, envelope,
2865 package, bag, or any other sealed article addressed to another,
2866 along with its contents.
2867 (b) “Mail depository” means a mail box, letter box, mail
2868 route, or mail receptacle of a postal service, an office of a
2869 postal service, or mail carrier of a postal service, or a
2870 vehicle of a postal service.
2871 (c) “Postal service” means the United States Postal Service
2872 or its contractors, or any commercial courier that delivers
2873 mail.
2874 (2) Any of the following acts constitutes mail theft:
2875 (a) Removing mail from a mail depository or taking mail
2876 from a mail carrier of a postal service with an intent to steal.
2877 (b) Obtaining custody of mail by fraud or deception with an
2878 intent to steal.
2879 (c) Selling, receiving, possessing, transferring, buying,
2880 or concealing mail obtained by acts described in paragraph (a)
2881 or paragraph (b) of this subsection, while knowing or having
2882 reason to know the mail was obtained illegally.
2883 (3) Any of the following constitutes theft of or
2884 unauthorized reproduction of a mail depository key or lock:
2885 (a) Stealing or obtaining by false pretense any key or lock
2886 adopted by a postal service for a mail depository or other
2887 authorized receptacle for the deposit or delivery of mail.
2888 (b) Knowingly and unlawfully making, forging, or
2889 counterfeiting any such key or possessing any such key or lock
2890 adopted by a postal service with the intent to unlawfully or
2891 improperly use, sell, or otherwise dispose of the key or lock,
2892 or to cause the key or lock to be unlawfully or improperly used,
2893 sold, or otherwise disposed.
2894 (4) The first violation of this section constitutes a
2895 misdemeanor of the first degree, punishable by a term of
2896 imprisonment not exceeding 1 year pursuant to s. 775.082(4)(a)
2897 or a fine not to exceed $1,000 pursuant to s. 775.083(1)(d), or
2898 both. A second or subsequent violation of this section
2899 constitutes a felony of the third degree, punishable by a term
2900 of imprisonment not exceeding 5 years pursuant to s.
2901 775.82(3)(e) or a fine not to exceed $5,000 pursuant to s.
2902 775.083(1)(c), or both.
2903 Section 79. Paragraph (i) of subsection (4) of section
2904 934.50, Florida Statutes, is amended to read:
2905 934.50 Searches and seizure using a drone.—
2906 (4) EXCEPTIONS.—This section does not prohibit the use of a
2907 drone:
2908 (i) By a person or an entity engaged in a business or
2909 profession licensed by the state, or by an agent, employee, or
2910 contractor thereof, if the drone is used only to perform
2911 reasonable tasks within the scope of practice or activities
2912 permitted under such person’s or entity’s license. However, this
2913 exception does not apply to a profession in which the licensee’s
2914 authorized scope of practice includes obtaining information
2915 about the identity, habits, conduct, movements, whereabouts,
2916 affiliations, associations, transactions, reputation, or
2917 character of any society, person, or group of persons.
2918 Section 80. Section 1013.373, Florida Statutes, is created
2919 to read:
2920 1013.373 Educational facilities used for agricultural
2921 education.—
2922 (1) Notwithstanding any other provision of law, a local
2923 government may not adopt any ordinance, regulation, rule, or
2924 policy to prohibit, restrict, regulate, or otherwise limit any
2925 activities of public educational facilities and auxiliary
2926 facilities constructed by a board for agricultural education,
2927 for Future Farmers of America or 4-H activities, or the storage
2928 of any animal or equipment therein.
2929 (2) Lands used for agricultural education or for Future
2930 Farmers of America or 4-H activities are considered agricultural
2931 lands pursuant to s. 193.461 and subject to s. 823.14.
2932 Section 81. For the purpose of incorporating the amendment
2933 made by this act to section 110.205, Florida Statutes, in a
2934 reference thereto, paragraph (a) of subsection (5) of section
2935 295.07, Florida Statutes, is reenacted to read:
2936 295.07 Preference in appointment and retention.—
2937 (5) The following positions are exempt from this section:
2938 (a) Those positions that are exempt from the state Career
2939 Service System under s. 110.205(2); however, all positions under
2940 the University Support Personnel System of the State University
2941 System as well as all Career Service System positions under the
2942 Florida College System and the School for the Deaf and the
2943 Blind, or the equivalent of such positions at state
2944 universities, Florida College System institutions, or the School
2945 for the Deaf and the Blind, are not exempt.
2946 Section 82. For the purpose of incorporating the amendment
2947 made by this act to section 388.271, Florida Statutes, in a
2948 reference thereto, paragraph (a) of subsection (1) of section
2949 189.062, Florida Statutes, is reenacted to read:
2950 189.062 Special procedures for inactive districts.—
2951 (1) The department shall declare inactive any special
2952 district in this state by documenting that:
2953 (a) The special district meets one of the following
2954 criteria:
2955 1. The registered agent of the district, the chair of the
2956 governing body of the district, or the governing body of the
2957 appropriate local general-purpose government notifies the
2958 department in writing that the district has taken no action for
2959 2 or more years;
2960 2. The registered agent of the district, the chair of the
2961 governing body of the district, or the governing body of the
2962 appropriate local general-purpose government notifies the
2963 department in writing that the district has not had a governing
2964 body or a sufficient number of governing body members to
2965 constitute a quorum for 2 or more years;
2966 3. The registered agent of the district, the chair of the
2967 governing body of the district, or the governing body of the
2968 appropriate local general-purpose government fails to respond to
2969 an inquiry by the department within 21 days;
2970 4. The department determines, pursuant to s. 189.067, that
2971 the district has failed to file any of the reports listed in s.
2972 189.066;
2973 5. The district has not had a registered office and agent
2974 on file with the department for 1 or more years;
2975 6. The governing body of a special district provides
2976 documentation to the department that it has unanimously adopted
2977 a resolution declaring the special district inactive. The
2978 special district is responsible for payment of any expenses
2979 associated with its dissolution;
2980 7. The district is an independent special district or a
2981 community redevelopment district created under part III of
2982 chapter 163 that has reported no revenue, no expenditures, and
2983 no debt under s. 189.016(9) or s. 218.32 for at least 5
2984 consecutive fiscal years beginning no earlier than October 1,
2985 2018. This subparagraph does not apply to a community
2986 development district established under chapter 190 or to any
2987 independent special district operating pursuant to a special act
2988 that provides that any amendment to chapter 190 to grant
2989 additional powers constitutes a power of that district; or
2990 8. For a mosquito control district created pursuant to
2991 chapter 388, the department has received notice from the
2992 Department of Agriculture and Consumer Services that the
2993 district has failed to file a tentative work plan and tentative
2994 detailed work plan budget as required by s. 388.271.
2995 Section 83. For the purpose of incorporating the amendment
2996 made by this act to section 388.271, Florida Statutes, in a
2997 reference thereto, subsection (7) of section 388.261, Florida
2998 Statutes, is reenacted to read:
2999 388.261 State aid to counties and districts for arthropod
3000 control; distribution priorities and limitations.—
3001 (7) The department may use state funds appropriated for a
3002 county or district under subsection (1) or subsection (2) to
3003 provide state mosquito or other arthropod control equipment,
3004 supplies, or services when requested by a county or district
3005 eligible to receive state funds under s. 388.271.
3006 Section 84. For the purpose of incorporating the amendment
3007 made by this act to section 482.161, Florida Statutes, in a
3008 reference thereto, paragraph (b) of subsection (3) of section
3009 482.072, Florida Statutes, is reenacted to read:
3010 482.072 Pest control customer contact centers.—
3011 (3)
3012 (b) Notwithstanding any other provision of this section:
3013 1. A customer contact center licensee is subject to
3014 disciplinary action under s. 482.161 for a violation of this
3015 section or a rule adopted under this section committed by a
3016 person who solicits pest control services or provides customer
3017 service in a customer contact center.
3018 2. A pest control business licensee may be subject to
3019 disciplinary action under s. 482.161 for a violation of this
3020 section or a rule adopted under this section committed by a
3021 person who solicits pest control services or provides customer
3022 service in a customer contact center operated by a licensee if
3023 the licensee participates in the violation.
3024 Section 85. For the purpose of incorporating the amendment
3025 made by this act to section 482.161, Florida Statutes, in a
3026 reference thereto, section 482.163, Florida Statutes, is
3027 reenacted to read:
3028 482.163 Responsibility for pest control activities of
3029 employee.—Proper performance of pest control activities by a
3030 pest control business employee is the responsibility not only of
3031 the employee but also of the certified operator in charge, and
3032 the certified operator in charge may be disciplined pursuant to
3033 the provisions of s. 482.161 for the pest control activities of
3034 an employee. A licensee may not automatically be considered
3035 responsible for violations made by an employee. However, the
3036 licensee may not knowingly encourage, aid, or abet violations of
3037 this chapter.
3038 Section 86. For the purpose of incorporating the amendment
3039 made by this act to section 487.044, Florida Statutes, in a
3040 reference thereto, section 487.156, Florida Statutes, is
3041 reenacted to read:
3042 487.156 Governmental agencies.—All governmental agencies
3043 shall be subject to the provisions of this part and rules
3044 adopted under this part. Public applicators using or supervising
3045 the use of restricted-use pesticides shall be subject to
3046 examination as provided in s. 487.044.
3047 Section 87. For the purpose of incorporating the amendment
3048 made by this act to section 496.405, Florida Statutes, in a
3049 reference thereto, subsection (2) of section 496.4055, Florida
3050 Statutes, is reenacted to read:
3051 496.4055 Charitable organization or sponsor board duties.—
3052 (2) The board of directors, or an authorized committee
3053 thereof, of a charitable organization or sponsor required to
3054 register with the department under s. 496.405 shall adopt a
3055 policy regarding conflict of interest transactions. The policy
3056 shall require annual certification of compliance with the policy
3057 by all directors, officers, and trustees of the charitable
3058 organization. A copy of the annual certification shall be
3059 submitted to the department with the annual registration
3060 statement required by s. 496.405.
3061 Section 88. For the purpose of incorporating the amendment
3062 made by this act to section 496.405, Florida Statutes, in
3063 references thereto, subsections (2) and (4) of section 496.406,
3064 Florida Statutes, are reenacted to read:
3065 496.406 Exemption from registration.—
3066 (2) Before soliciting contributions, a charitable
3067 organization or sponsor claiming to be exempt from the
3068 registration requirements of s. 496.405 under paragraph (1)(d)
3069 must submit annually to the department, on forms prescribed by
3070 the department:
3071 (a) The name, street address, and telephone number of the
3072 charitable organization or sponsor, the name under which it
3073 intends to solicit contributions, the purpose for which it is
3074 organized, and the purpose or purposes for which the
3075 contributions to be solicited will be used.
3076 (b) The tax exempt status of the organization.
3077 (c) The date on which the organization’s fiscal year ends.
3078 (d) The names, street addresses, and telephone numbers of
3079 the individuals or officers who have final responsibility for
3080 the custody of the contributions and who will be responsible for
3081 the final distribution of the contributions.
3082 (e) A financial statement of support, revenue, and expenses
3083 and a statement of functional expenses that must include, but
3084 not be limited to, expenses in the following categories:
3085 program, management and general, and fundraising. In lieu of the
3086 financial statement, a charitable organization or sponsor may
3087 submit a copy of its Internal Revenue Service Form 990 and all
3088 attached schedules or Internal Revenue Service Form 990-EZ and
3089 Schedule O.
3090 (4) Exemption from the registration requirements of s.
3091 496.405 does not limit the applicability of other provisions of
3092 this section to a charitable organization or sponsor.
3093 Section 89. For the purpose of incorporating the amendment
3094 made by this act to section 500.12, Florida Statutes, in a
3095 reference thereto, paragraph (a) of subsection (1) of section
3096 500.80, Florida Statutes, is reenacted to read:
3097 500.80 Cottage food operations.—
3098 (1)(a) A cottage food operation must comply with the
3099 applicable requirements of this chapter but is exempt from the
3100 permitting requirements of s. 500.12 if the cottage food
3101 operation complies with this section and has annual gross sales
3102 of cottage food products that do not exceed $250,000.
3103 Section 90. For the purpose of incorporating the amendment
3104 made by this act to section 500.172, Florida Statutes, in a
3105 reference thereto, subsection (6) of section 500.121, Florida
3106 Statutes, is reenacted to read:
3107 500.121 Disciplinary procedures.—
3108 (6) If the department determines that a food offered in a
3109 food establishment is labeled with nutrient claims that are in
3110 violation of this chapter, the department shall retest or
3111 reexamine the product within 90 days after notification to the
3112 manufacturer and to the firm at which the product was collected.
3113 If the product is again found in violation, the department shall
3114 test or examine the product for a third time within 60 days
3115 after the second notification. The product manufacturer shall
3116 reimburse the department for the cost of the third test or
3117 examination. If the product is found in violation for a third
3118 time, the department shall exercise its authority under s.
3119 500.172 and issue a stop-sale or stop-use order. The department
3120 may impose additional sanctions for violations of this
3121 subsection.
3122 Section 91. For the purpose of incorporating the amendment
3123 made by this act to section 790.06, Florida Statutes, in a
3124 reference thereto, section 790.061, Florida Statutes, is
3125 reenacted to read:
3126 790.061 Judges and justices; exceptions from licensure
3127 provisions.—A county court judge, circuit court judge, district
3128 court of appeal judge, justice of the supreme court, federal
3129 district court judge, or federal court of appeals judge serving
3130 in this state is not required to comply with the provisions of
3131 s. 790.06 in order to receive a license to carry a concealed
3132 weapon or firearm, except that any such justice or judge must
3133 comply with the provisions of s. 790.06(2)(h). The Department of
3134 Agriculture and Consumer Services shall issue a license to carry
3135 a concealed weapon or firearm to any such justice or judge upon
3136 demonstration of competence of the justice or judge pursuant to
3137 s. 790.06(2)(h).
3138 Section 92. This act shall take effect July 1, 2025.