Florida Senate - 2026 SB 290
By Senator Truenow
13-00419A-26 2026290__
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; creating ss. 125.489 and 166.063,
4 F.S.; defining the terms “gasoline-powered farm
5 equipment” and “gasoline-powered landscape equipment”;
6 prohibiting counties and municipalities, respectively,
7 from enacting or enforcing any law that restricts or
8 prohibits the use of gasoline-powered farm equipment
9 or gasoline-powered landscape equipment or that
10 distinguishes such equipment from any other equipment
11 under certain circumstances; providing construction;
12 amending s. 253.0341, F.S.; requiring the Acquisition
13 and Restoration Council to determine whether certain
14 surplused lands are suitable for bona fide
15 agricultural purposes; prohibiting a local
16 governmental entity from transferring future
17 development rights for surplused lands determined to
18 be suitable for bona fide agricultural purposes;
19 requiring the Department of Environmental Protection,
20 in coordination with the Department of Agriculture and
21 Consumer Services, to determine whether state-owned
22 conservation lands are suitable for bona fide
23 agricultural purposes; authorizing the Department of
24 Environmental Protection to surplus state-owned lands
25 determined to be suitable for bona fide agricultural
26 purposes; requiring the Department of Environmental
27 Protection to retain a rural-lands-protection easement
28 for such surplused lands; requiring that all proceeds
29 from the sale of such surplused lands be deposited in
30 the Department of Agriculture and Consumer Service’s
31 Incidental Trust Fund for less than fee simple;
32 requiring the Department of Environmental Protection
33 to annually provide a report of such surplused lands
34 to the Board of Trustees of the Internal Improvement
35 Trust Fund; prohibiting certain lands from being
36 surplused; providing for retroactive application;
37 amending s. 259.1053, F.S.; deleting provisions
38 relating to the Babcock Ranch Advisory Group; amending
39 s. 287.1351, F.S.; revising circumstances under which
40 a vendor is prohibited from submitting a bid,
41 proposal, or reply to an agency or from entering into
42 or renewing any contract to provide goods or services
43 to an agency; amending s. 322.12, F.S.; providing
44 penalties for an applicant for a commercial driver
45 license who receives unauthorized assistance on
46 certain portions of the examination; amending s.
47 322.36, F.S.; prohibiting a person from knowingly or
48 willfully providing unauthorized assistance to an
49 applicant for the examination required to hold a
50 commercial driver license; repealing ss. 377.71,
51 377.711, and 377.712, F.S., relating to definitions
52 and the Southern States Energy Compact, Florida as
53 party to the Southern States Energy Compact, and
54 Florida’s participation in the Southern States Energy
55 Board, respectively; amending s. 403.0855, F.S.;
56 deleting provisions relating to legislative approval
57 of certain rules adopted by the Department of
58 Environmental Protection; revising requirements for
59 permittees of biosolids land application sites;
60 deleting an obsolete provision; amending s. 489.105,
61 F.S.; defining the terms “subcontractor” and
62 “supplier”; creating s. 489.1295, F.S.; prohibiting
63 licensed contractors or persons holding themselves out
64 as such from failing to pay their subcontractor or
65 supplier within a specified timeframe without
66 reasonable cause after receiving payment for the
67 services the subcontractor or supplier performed;
68 providing penalties; amending s. 500.04, F.S.;
69 revising the list of prohibited acts related to the
70 prevention of fraud, harm, adulteration, misbranding,
71 or false advertising in the preparation, production,
72 manufacture, storage, or sale of food; repealing s.
73 500.81, F.S., relating to the Healthy Food Financing
74 Initiative; amending s. 500.93, F.S.; making a
75 technical change; amending s. 501.013, F.S.;
76 authorizing the Department of Agriculture and Consumer
77 Services to provide an exemption from certain health
78 studio regulations; creating s. 501.062, F.S.;
79 providing legislative intent; defining the terms
80 “commercial solicitation” and “dwelling”; prohibiting
81 a person from engaging in commercial solicitation
82 under certain circumstances; providing construction;
83 providing penalties; amending s. 570.07, F.S.;
84 authorizing the Department of Agriculture and Consumer
85 Services to reorganize departmental units upon the
86 approval of the Commissioner of Agriculture; amending
87 s. 570.822, F.S.; providing additional eligibility
88 requirements for the Agriculture and Aquaculture
89 Producers Emergency Recovery Loan Program; creating s.
90 570.846, F.S.; establishing the Food Animal Veterinary
91 Medicine Loan Repayment Program; providing the purpose
92 of the program; defining terms; providing eligibility
93 requirements for the program; authorizing the
94 Department of Agriculture and Consumer Services to
95 make loan principal repayments on behalf of eligible
96 candidates up to a certain amount for a specified
97 timeframe, subject to legislative appropriation;
98 providing construction; authorizing the Department of
99 Agriculture and Consumer Services to adopt rules;
100 amending s. 583.01, F.S.; revising the definition of
101 the term “dealer”; amending s. 590.02, F.S.; revising
102 the Florida Forest Service powers, authority, and
103 duties; authorizing the Forest Service to manage the
104 Welaka Training Center; conforming provisions to
105 changes made by the act; authorizing the Withlacoochee
106 or Welaka Training Centers to assess certain fees as
107 determined by the Florida Forest Service, regardless
108 of where certain training occurs; creating s. 595.421,
109 F.S.; establishing the Farmers Feeding Florida Program
110 for specified purposes; requiring Feeding Florida to
111 take certain actions to implement the program;
112 prohibiting the food purchased by Feeding Florida
113 through such program from reentering the wholesale,
114 retail, or secondary market; prohibiting a candidate
115 for elective office from hosting a food distribution
116 event under certain circumstances; providing
117 nonapplicability; amending s. 597.004, F.S.; making a
118 technical change; prohibiting the Department of
119 Agriculture and Consumer Services from renewing a
120 certificate of registration for a noncompliant
121 facility unless certain documentation is provided with
122 the renewal application; prohibiting entities whose
123 certificate of registration has been revoked from
124 reapplying for a specified period of time; amending s.
125 597.010, F.S.; authorizing rather than requiring the
126 periodic adjustment of the annual rental fee charged
127 for certain leases; amending s. 599.012, F.S.; making
128 technical changes; amending s. 616.001, F.S.; revising
129 and deleting definitions relating to public fairs and
130 expositions; amending s. 616.01, F.S.; revising
131 application requirements for a proposed charter for an
132 association to conduct a public fair or exposition;
133 requiring the Department of Agriculture and Consumer
134 Services to provide an applicant for a proposed
135 charter with specified information upon the denial of
136 a proposed charter; revising requirements for
137 information that must be included in the proposed
138 charter; amending s. 616.02, F.S.; limiting the number
139 of incorporated state fair associations per county;
140 providing construction; authorizing the Department of
141 Agriculture and Consumer Services to waive certain
142 requirements at the discretion of the commissioner;
143 authorizing fair associations incorporated before a
144 certain date to conduct their affairs; deleting
145 provisions relating to requirements for a proposed
146 charter; amending s. 616.03, F.S.; revising
147 requirements for the approval and recordation of the
148 charter; amending s. 616.05, F.S.; revising the
149 process by which a proposed charter amendment is
150 incorporated into the original charter; amending s.
151 616.051, F.S.; revising the circumstances under which
152 a circuit judge is authorized to dissolve an
153 association and order the distribution of its
154 remaining assets; requiring that such assets be
155 distributed to certain counties; amending s. 616.07,
156 F.S.; deleting provisions relating to distribution of
157 public funds after the dissolution of an association;
158 amending s. 616.101, F.S.; specifying the basis for
159 annual public fair attendance records; requiring a
160 fair association to review its charter every 5 years
161 and submit an updated copy of the charter to the
162 Department of Agriculture and Consumer Services;
163 requiring a designated member of the association to
164 make an attestation; amending s. 616.15, F.S.; making
165 a technical change; revising the information that an
166 applicant must submit to the Department of Agriculture
167 and Consumer Services for the department to issue a
168 permit for an association to conduct a fair; revising
169 the timeframe within which the Department of
170 Agriculture and Consumer Services is required to issue
171 the permit upon the receipt of specified information;
172 making technical changes; amending s. 616.251, F.S.;
173 exempting the Florida State Fair Authority from
174 specified provisions; amending s. 843.085, F.S.;
175 prohibiting a person from wearing or displaying an
176 item that displays the words “concealed weapon permit”
177 or “concealed weapon permit holder” with the intent to
178 mislead another to believe that the person is
179 authorized to wear or display such item; reordering
180 and amending s. 865.065, F.S.; revising definitions;
181 conforming provisions to changes made by the act;
182 amending s. 934.02, F.S.; defining the term, “signal
183 jamming device”; creating s. 934.51, F.S.; prohibiting
184 the possession, manufacture, sale, importation,
185 distribution, or use of a signal jamming device;
186 providing exceptions; providing criminal penalties;
187 amending s. 288.1175, F.S.; conforming cross
188 references; reenacting ss. 287.056(4) and 287.138(5),
189 F.S., relating to disqualification for state term
190 contract eligibility, and contracting with entities of
191 foreign countries of concern prohibited, respectively,
192 to incorporate the amendment made to s. 287.1351,
193 F.S., in references thereto; reenacting s. 500.177(1),
194 F.S., relating to penalties for dissemination of a
195 false advertisement, to incorporate the amendment made
196 to s. 500.04, F.S., in a reference thereto; reenacting
197 s. 212.08(13), F.S., relating to taxation and
198 specified exemptions, to incorporate the amendment
199 made to s. 616.07, F.S., in a reference thereto;
200 reenacting s. 616.185, F.S., relating to trespass upon
201 grounds or facilities of a public fair, to incorporate
202 the amendment made to s. 616.15, F.S., in a reference
203 thereto; providing an effective date.
204
205 Be It Enacted by the Legislature of the State of Florida:
206
207 Section 1. Section 125.489, Florida Statutes, is created to
208 read:
209 125.489 Preemption of restrictions on gasoline-powered farm
210 equipment or gasoline-powered landscape equipment.—
211 (1) As used in this section, the term:
212 (a) “Gasoline-powered farm equipment” means any machine
213 powered by an internal combustion engine or motor that uses
214 gasoline, diesel, or a blend of gasoline and oil which is used
215 on a farm or used to transport farm products.
216 (b) “Gasoline-powered landscape equipment” means any
217 machine powered by an internal combustion engine or motor that
218 uses gasoline, diesel, or a blend of gasoline and oil which is
219 used to provide landscape management or maintenance or to move
220 leaves, dirt, grass, or other debris off of sidewalks,
221 driveways, lawns, or other surfaces.
222 (2) A county may not enact or enforce a resolution, an
223 ordinance, a rule, a code, or a policy or take any action that
224 restricts or prohibits the use of gasoline-powered farm
225 equipment or gasoline-powered landscape equipment and may not
226 create differing standards for such equipment or distinguish
227 such equipment from any electric or similar equipment in a
228 retail, manufacturer, or distributor setting.
229 (3) This section does not prohibit or limit a county from
230 encouraging the use of alternative farm or landscape equipment,
231 such as battery-powered farm or landscape equipment.
232 Section 2. Section 166.063, Florida Statutes, is created to
233 read:
234 166.063 Preemption of restrictions on gasoline-powered farm
235 equipment or gasoline-powered landscape equipment.—
236 (1) As used in this section, the term:
237 (a) “Gasoline-powered farm equipment” means a machine
238 powered by an internal combustion engine or motor that uses
239 gasoline, diesel, or a blend of gasoline and oil which is used
240 on a farm or used to transport farm products.
241 (b) “Gasoline-powered landscape equipment” means any
242 machine powered by an internal combustion engine or motor that
243 uses gasoline, diesel, or a blend of gasoline and oil which is
244 used to provide landscape management or maintenance or to move
245 leaves, dirt, grass, or other debris off of sidewalks,
246 driveways, lawns, or other surfaces.
247 (2) A municipality may not enact or enforce a resolution,
248 an ordinance, a rule, a code, or a policy or take any action
249 that restricts or prohibits the use of gasoline-powered farm
250 equipment or gasoline-powered landscape equipment and may not
251 create differing standards for such equipment or distinguish
252 such equipment from any electric or similar equipment in a
253 retail, manufacturer, or distributor setting.
254 (3) This section does not prohibit or limit a municipality
255 from encouraging the use of alternative farm or landscape
256 equipment, such as battery-powered farm or landscape equipment.
257 Section 3. Present subsection (19) of section 253.0341,
258 Florida Statutes, is redesignated as subsection (21), and new
259 subsections (19) and (20) are added to that section, to read:
260 253.0341 Surplus of state-owned lands.—
261 (19) The Acquisition and Restoration Council shall
262 determine whether any lands surplused by a local governmental
263 entity, as defined in s. 218.72, are suitable for bona fide
264 agricultural purposes, as defined in s. 193.461(3)(b). A local
265 governmental entity may not transfer future development rights
266 for any surplused lands determined to be suitable for bona fide
267 agricultural purposes.
268 (20) The Department of Environmental Protection, in
269 coordination with the Department of Agriculture and Consumer
270 Services, shall determine whether any state-owned conservation
271 lands are suitable for bona fide agricultural purposes, as
272 defined in s. 193.461(3)(b).
273 (a) Notwithstanding any other law or rule, the Department
274 of Environmental Protection may surplus state-owned conservation
275 lands determined to be suitable for bona fide agricultural
276 purposes.
277 (b) For all state-owned conservation lands determined to be
278 suitable for bona fide agricultural production and surplused by
279 the Department of Environmental Protection, the department shall
280 retain a rural-lands-protection easement pursuant to s.
281 570.71(3). All proceeds from the sale of such surplused lands
282 must be deposited into the Incidental Trust Fund within the
283 Department of Agriculture and Consumer Services for less than
284 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
285 (c) By January 1, 2027, and each January 1 thereafter, the
286 Department of Environmental Protection shall provide a report of
287 state-owned conversation lands surplused pursuant to this
288 subsection to the Board of Trustees of the Internal Improvement
289 Trust Fund.
290 (d) Designated state forest lands, state park lands, or
291 wildlife management areas may not be surplused pursuant to this
292 subsection.
293 (e) This subsection is retroactive to January 1, 2024.
294 Section 4. Section 259.1053, Florida Statutes, is amended
295 to read:
296 259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory
297 Group.—
298 (1) SHORT TITLE.—This section may be cited as the “Babcock
299 Ranch Preserve Act.”
300 (2) DEFINITIONS.—As used in this section, the term:
301 (a) “Babcock Ranch Preserve” and “preserve” mean the lands
302 and facilities acquired in the purchase of the Babcock Crescent
303 B Ranch, as provided in s. 259.1052.
304 (b) “Commission” means the Fish and Wildlife Conservation
305 Commission.
306 (c) “Commissioner” means the Commissioner of Agriculture.
307 (d) “Department” means the Department of Agriculture and
308 Consumer Services.
309 (e) “Executive director” means the Executive Director of
310 the Fish and Wildlife Conservation Commission.
311 (f) “Financially self-sustaining” means having management
312 and operation expenditures not more than the revenues collected
313 from fees and other receipts for resource use and development
314 and from interest and invested funds.
315 (g) “Florida Forest Service” means the Florida Forest
316 Service of the Department of Agriculture and Consumer Services.
317 (h) “Multiple use” means the management of all of the
318 renewable surface resources of the Babcock Ranch Preserve to
319 best meet the needs of the public, including the use of the land
320 for some or all of the renewable surface resources or related
321 services over areas large enough to allow for periodic
322 adjustments in use to conform to the changing needs and
323 conditions of the preserve while recognizing that a portion of
324 the land will be used for some of the renewable surface
325 resources available on that land. The goal of multiple use is
326 the harmonious and coordinated management of the renewable
327 surface resources without impairing the productivity of the land
328 and considering the relative value of the renewable surface
329 resources, and not necessarily a combination of uses to provide
330 the greatest monetary return or the greatest unit output.
331 (i) “Sustained yield of the renewable surface resources”
332 means the achievement and maintenance of a high level of annual
333 or regular periodic output of the various renewable surface
334 resources of the preserve without impairing the productivity of
335 the land.
336 (3) CREATION OF BABCOCK RANCH PRESERVE.—
337 (a) Upon the date of acquisition of the Babcock Crescent B
338 Ranch, there is created the Babcock Ranch Preserve, which shall
339 be managed in accordance with the purposes and requirements of
340 this section.
341 (b) The preserve is established to protect and preserve the
342 environmental, agricultural, scientific, scenic, geologic,
343 watershed, fish, wildlife, historic, cultural, and recreational
344 values of the preserve, and to provide for the multiple use and
345 sustained yield of the renewable surface resources within the
346 preserve consistent with this section.
347 (c) This section does not preclude the use of common
348 varieties of mineral materials such as sand, stone, and gravel
349 for construction and maintenance of roads and facilities within
350 the preserve.
351 (d) This section does not affect the constitutional
352 responsibilities of the commission in the exercise of its
353 regulatory and executive power with respect to wild animal life
354 and freshwater aquatic life, including the regulation of
355 hunting, fishing, and trapping within the preserve.
356 (e) This section does not interfere with or prevent the
357 implementation of agricultural practices authorized by the
358 agricultural land use designations established in the local
359 comprehensive plans of either Charlotte County or Lee County as
360 those plans apply to the Babcock Ranch Preserve.
361 (f) This section does not preclude the maintenance and use
362 of roads and trails or the relocation of roads in existence on
363 the effective date of this section, or the construction,
364 maintenance, and use of new trails, or any motorized access
365 necessary for the administration of the land contained within
366 the preserve, including motorized access necessary for
367 emergencies involving the health or safety of persons within the
368 preserve.
369 (4) BABCOCK RANCH ADVISORY GROUP.—
370 (a) The purpose of the Babcock Ranch Advisory Group is to
371 assist the department by providing guidance and advice
372 concerning the management and stewardship of the Babcock Ranch
373 Preserve.
374 (b) The Babcock Ranch Advisory Group shall be comprised of
375 nine members appointed to 5-year terms. Based on recommendations
376 from the Governor and Cabinet, the commission, and the governing
377 boards of Charlotte County and Lee County, the commissioner
378 shall appoint members as follows:
379 1. One member with experience in sustainable management of
380 forest lands for commodity purposes.
381 2. One member with experience in financial management,
382 budget and program analysis, and small business operations.
383 3. One member with experience in management of game and
384 nongame wildlife and fish populations, including hunting,
385 fishing, and other recreational activities.
386 4. One member with experience in domesticated livestock
387 management, production, and marketing, including range
388 management and livestock business management.
389 5. One member with experience in agriculture operations or
390 forestry management.
391 6. One member with experience in hunting, fishing, nongame
392 species management, or wildlife habitat management, restoration,
393 and conservation.
394 7. One member with experience in public outreach and
395 education.
396 8. One member who is a resident of Lee County, to be
397 designated by the Board of County Commissioners of Lee County.
398 9. One member who is a resident of Charlotte County, to be
399 designated by the Board of County Commissioners of Charlotte
400 County.
401
402 Vacancies will be filled in the same manner in which the
403 original appointment was made. A member appointed to fill a
404 vacancy shall serve for the remainder of that term.
405 (c) Members of the Babcock Ranch Advisory Group shall:
406 1. Elect a chair and vice chair from among the group
407 members.
408 2. Meet regularly as determined by the chair.
409 3. Serve without compensation but shall receive
410 reimbursement for travel and per diem expenses as provided in s.
411 112.061.
412 (4)(5) MANAGEMENT OF PRESERVE; FEES.—
413 (a) The department shall assume all authority provided by
414 this section to manage and operate the preserve as a working
415 ranch upon the termination or expiration of the management
416 agreement attached as Exhibit “E” to that certain agreement for
417 sale and purchase approved by the Board of Trustees of the
418 Internal Improvement Trust Fund on November 22, 2005, and by Lee
419 County on November 20, 2005.
420 (b) Upon assuming management and operation of the preserve,
421 the department shall:
422 1. Manage and operate the preserve and the uses thereof,
423 including, but not limited to, the activities necessary to
424 administer and operate the preserve as a working ranch; the
425 activities necessary for the preservation and development of the
426 land and renewable surface resources of the preserve; the
427 activities necessary for interpretation of the history of the
428 preserve on behalf of the public; the activities necessary for
429 the management, public use, and occupancy of facilities and
430 lands within the preserve; and the maintenance, rehabilitation,
431 repair, and improvement of property within the preserve.
432 2. Develop programs and activities relating to the
433 management of the preserve as a working ranch.
434 3. Establish procedures for entering into lease agreements
435 and other agreements for the use and occupancy of the facilities
436 of the preserve. The procedures shall ensure reasonable
437 competition and set guidelines for determining reasonable fees,
438 terms, and conditions for such agreements.
439 4. Assess reasonable fees for admission to, use of, and
440 occupancy of the preserve to offset costs of operating the
441 preserve as a working ranch. These fees are independent of fees
442 assessed by the commission for the privilege of hunting,
443 fishing, or pursuing outdoor recreational activities within the
444 preserve, and shall be deposited into the Incidental Trust Fund
445 of the Florida Forest Service, subject to appropriation by the
446 Legislature.
447 (c) The commission, in cooperation with the department,
448 shall:
449 1. Establish and implement public hunting and other fish
450 and wildlife management activities. Tier I and Tier II public
451 hunting opportunities shall be provided consistent with the
452 management plan and the recreation master plan. Tier I public
453 hunting shall provide hunting opportunities similar to those
454 offered on wildlife management areas with an emphasis on youth
455 and family-oriented hunts. Tier II public hunting shall be
456 provided specifically by fee-based permitting to ensure
457 compatibility with livestock grazing and other essential
458 agricultural operations on the preserve.
459 2. Establish and administer permit fees for Tier II public
460 hunting to capitalize on the value of hunting on portions of the
461 preserve and to help ensure the preserve is financially self
462 sufficient. The fees shall be deposited into the State Game
463 Trust Fund of the Fish and Wildlife Conservation Commission to
464 be used to offset the costs of providing public hunting and to
465 support fish and wildlife management and other land management
466 activities on the preserve.
467 (d) The Board of Trustees of the Internal Improvement Trust
468 Fund or its designated agent may:
469 1. Negotiate directly with and enter into such agreements,
470 leases, contracts, and other arrangements with any person, firm,
471 association, organization, corporation, or governmental entity,
472 including entities of federal, state, and local governments, as
473 are necessary and appropriate to carry out the purposes and
474 activities authorized by this section.
475 2. Grant privileges, leases, concessions, and permits for
476 the use of land for the accommodation of visitors to the
477 preserve, provided no natural curiosities or objects of interest
478 shall be granted, leased, or rented on such terms as shall deny
479 or interfere with free access to them by the public. Such
480 grants, leases, and permits may be made and given without
481 advertisement or securing competitive bids. Such grants, leases,
482 or permits may not be assigned or transferred by any grantee
483 without consent of the Board of Trustees of the Internal
484 Improvement Trust Fund or its designated agent.
485 (5)(6) DISSOLUTION OF BABCOCK RANCH, INC.—Upon dissolution
486 of the Babcock Ranch, Inc., all statutory powers, duties,
487 functions, records, personnel, property, and unexpended balances
488 of appropriations, allocations, and other funds of the
489 corporation shall be transferred to the Department of
490 Agriculture and Consumer Services unless otherwise provided by
491 law. Any cash balances of funds shall revert to the Incidental
492 Trust Fund of the Florida Forest Service.
493 Section 5. Paragraph (a) of subsection (2) of section
494 287.1351, Florida Statutes, is amended, and subsection (3) of
495 that section is republished, to read:
496 287.1351 Suspended vendors; state contracts.—
497 (2)(a) A vendor that is in default on any contract with an
498 agency, has failed to timely compensate its subcontractors or
499 suppliers, or has otherwise repeatedly demonstrated a recent
500 inability to fulfill the terms and conditions of previous state
501 contracts or to adequately perform its duties under those
502 contracts may not submit a bid, proposal, or reply to an agency
503 or enter into or renew a contract to provide any goods or
504 services to an agency after its placement, pursuant to this
505 section, on the suspended vendor list.
506 (3) An agency shall notify the department of any vendor
507 that has met the grounds for suspension described in paragraph
508 (2)(a). The agency must provide documentation to the department
509 evidencing the vendor’s default or other grounds for suspension.
510 The department shall review the documentation provided and
511 determine whether good cause exists to remove the vendor from
512 the vendor list and to place it on the suspended vendor list. If
513 good cause exists, the department must notify the vendor in
514 writing of its intent to remove the vendor from the vendor list
515 and of the vendor’s right to an administrative hearing and the
516 applicable procedures and time requirements for any such
517 hearing. If the vendor does not request an administrative
518 hearing, the department must enter a final order removing the
519 vendor from the vendor list. A vendor may not be removed from
520 the vendor list without receiving an individual notice of intent
521 from the department.
522 Section 6. Paragraph (c) is added to subsection (4) of
523 section 322.12, Florida Statutes, to read:
524 322.12 Examination of applicants.—
525 (4) The examination for an applicant for a commercial
526 driver license shall include a test of the applicant’s eyesight
527 given by a driver license examiner designated by the department
528 or by a licensed ophthalmologist, optometrist, or physician and
529 a test of the applicant’s hearing given by a driver license
530 examiner or a licensed physician. The examination shall also
531 include a test of the applicant’s ability to read and understand
532 highway signs regulating, warning, and directing traffic; his or
533 her knowledge of the traffic laws of this state pertaining to
534 the class of motor vehicle which he or she is applying to be
535 licensed to operate, including laws regulating driving under the
536 influence of alcohol or controlled substances, driving with an
537 unlawful blood-alcohol level, and driving while intoxicated; his
538 or her knowledge of the effects of alcohol and controlled
539 substances and the dangers of driving a motor vehicle after
540 having consumed alcohol or controlled substances; and his or her
541 knowledge of any special skills, requirements, or precautions
542 necessary for the safe operation of the class of vehicle which
543 he or she is applying to be licensed to operate. In addition,
544 the examination shall include an actual demonstration of the
545 applicant’s ability to exercise ordinary and reasonable control
546 in the safe operation of a motor vehicle or combination of
547 vehicles of the type covered by the license classification which
548 the applicant is seeking, including an examination of the
549 applicant’s ability to perform an inspection of his or her
550 vehicle.
551 (c) An applicant for a commercial driver license who
552 receives unauthorized assistance from another person in
553 completing the portion of the examination which tests the
554 applicant’s ability to read and understand highway signs
555 regulating, warning, and directing traffic or his or her
556 knowledge of the traffic laws of this state pertaining to the
557 class of motor vehicle for which he or she is applying to be
558 licensed to operate, including laws regulating driving under the
559 influence of alcohol or controlled substances, driving with an
560 unlawful blood-alcohol level, and driving while intoxicated,
561 commits a misdemeanor of the second degree, punishable as
562 provided in s. 775.082 or s. 775.083.
563 Section 7. Section 322.36, Florida Statutes, is amended to
564 read:
565 322.36 Permitting unauthorized operator to drive.—
566 (1) A person may not authorize or knowingly permit a motor
567 vehicle owned by him or her or under his or her dominion or
568 control to be operated upon any highway or public street except
569 by a person who is duly authorized to operate a motor vehicle
570 under this chapter.
571 (2) A person may not knowingly or willfully provide
572 unauthorized assistance to an applicant for the examination
573 required to hold a commercial driver license pursuant to s.
574 322.12(4).
575 (3) A Any person who violates this section commits a
576 misdemeanor of the second degree, punishable as provided in s.
577 775.082 or s. 775.083. If a person violates this section by
578 knowingly loaning a vehicle to a person whose driver license is
579 suspended and if that vehicle is involved in an accident
580 resulting in bodily injury or death, the driver license of the
581 person violating this section must shall be suspended for 1
582 year.
583 Section 8. Section 377.71, Florida Statutes, is repealed.
584 Section 9. Section 377.711, Florida Statutes, is repealed.
585 Section 10. Section 377.712, Florida Statutes, is repealed.
586 Section 11. Present paragraphs (a) and (b) of subsection
587 (3) of section 403.0855, Florida Statutes, are redesignated as
588 paragraphs (b) and (c), respectively, a new paragraph (a) is
589 added to that subsection, and subsections (2) and (4) of that
590 section are amended, to read:
591 403.0855 Biosolids management.—
592 (2) The department shall adopt rules for biosolids
593 management. Rules adopted by the department pursuant to this
594 section may not take effect until ratified by the Legislature.
595 (3) For a new land application site permit or a permit
596 renewal issued after July 1, 2020, the permittee of a biosolids
597 land application site shall:
598 (a) Ensure that only Class AA biosolids are applied to the
599 soil.
600 (4) All permits shall comply with the requirements of
601 subsection (3) by July 1, 2022.
602 Section 12. Subsections (20) and (21) are added to section
603 489.105, Florida Statutes, to read:
604 489.105 Definitions.—As used in this part:
605 (20) “Subcontractor” has the same meaning as in s. 558.002.
606 (21) “Supplier” has the same meaning as in s. 558.002.
607 Section 13. Section 489.1295, Florida Statutes, is created
608 to read:
609 489.1295 Theft of subcontractor or supplier services.—
610 (1) A person licensed as a contractor or who otherwise
611 holds himself or herself out to be a contractor may not
612 knowingly or willfully fail to compensate his or her
613 subcontractors or suppliers without reasonable cause within 15
614 business days after receiving payment for the services performed
615 by the subcontractor or supplier.
616 (2) A person licensed as a contractor or who otherwise
617 holds himself or herself out to be a contractor who violates
618 this section commits a misdemeanor of the first degree,
619 punishable as provided in s. 775.082 or s. 775.083.
620 (3) If a person licensed as a contractor or who otherwise
621 holds himself or herself out to be a contractor violates this
622 section and the services performed by the subcontractor or
623 supplier are valued at $20,000 or more, such person commits a
624 felony of the third degree, punishable as provided in s.
625 775.082, s. 775.083, or s. 775.084.
626 Section 14. Subsection (6) of section 500.04, Florida
627 Statutes, is amended to read:
628 500.04 Prohibited acts.—The following acts and the causing
629 thereof within the state are prohibited:
630 (6) The obstruction of or refusal to permit entry or
631 inspection, or to permit the taking of a sample, as authorized
632 by s. 500.147.
633 Section 15. Section 500.81, Florida Statutes, is repealed.
634 Section 16. Subsection (5) of section 500.93, Florida
635 Statutes, is amended to read:
636 500.93 Mislabeling of plant-based products as milk, meat,
637 or poultry.—
638 (5) The Department of Agriculture and Consumer Services
639 shall notify the Division of Law Revision upon the enactment
640 into law by any 11 of the group of 14 states composed of
641 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
642 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
643 Texas, Virginia, and West Virginia of the mandatory labeling
644 requirements pursuant to paragraphs (2)(a), (3)(a), and (4)(a)
645 subsections (2) and (3).
646 Section 17. Section 501.013, Florida Statutes, is amended
647 to read:
648 501.013 Health studios; exemptions.—
649 (1) The following businesses or activities may be declared
650 exempt from the provisions of ss. 501.012-501.019 upon the
651 filing of an affidavit with the department establishing that the
652 stated qualifications are met:
653 (a)(1) A bona fide nonprofit organization which has been
654 granted tax-exempt status by the Internal Revenue Service.
655 (b)(2) A gymnastics school which engages only in
656 instruction and training and in which exercise is only
657 incidental to such instruction and training.
658 (c)(3) A golf, tennis, or racquetball club in which sports
659 play is the only activity offered by the club. If the facility
660 offers the use of physical exercise equipment, this exemption
661 shall not apply.
662 (d)(4) A program or facility which is offered and used
663 solely for the purpose of dance, aerobic exercise, or martial
664 arts, and which utilizes no physical exercise equipment.
665 (e)(5) A country club that has as its primary function the
666 provision of a social life and recreational amenities to its
667 members, and for which a program of physical exercise is merely
668 incidental to membership. As used in this paragraph subsection,
669 the term “country club” means a facility that offers its members
670 a variety of services that may include, but need not be limited
671 to, social activities; dining, banquet, catering, and lounge
672 facilities; swimming; yachting; golf; tennis; card games such as
673 bridge and canasta; and special programs for members’ children.
674 Upon the filing of an affidavit with the department establishing
675 that the stated qualifications of this paragraph subsection were
676 met before July 1, 1997, this paragraph subsection will apply
677 retroactively to the date that the country club met these
678 qualifications.
679 (f)(6) A program or facility that is offered by an
680 organization for the exclusive use of its employees and their
681 family members.
682 (2) In addition to the businesses and activities listed in
683 subsection (1), the department may exempt any other business or
684 activity not in existence as of July 1, 2026, from ss. 501.012
685 501.019.
686 Section 18. Section 501.062, Florida Statutes, is created
687 to read:
688 501.062 Unauthorized commercial solicitation; legislative
689 intent; definitions; prohibited acts; penalties.—
690 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
691 to protect, preserve, and promote the safety, welfare, and peace
692 of the citizens of this state by adopting measures to reduce the
693 threat to private property rights, including the right to
694 exclude and to be free from trespass of unauthorized commercial
695 solicitation on private property when noticed by the property
696 owner. It is the intent of this section to protect such private
697 property rights by creating a uniform standard for notifying
698 individuals or groups of individuals that commercial
699 solicitation is prohibited on private property.
700 (2) DEFINITIONS.—As used in this section, the term:
701 (a) “Commercial solicitation” means the act of attempting
702 to sell goods or services, or to raise funds for a commercial
703 purpose, through direct or indirect contact with individuals,
704 including, but not limited to, using words, body gestures, or
705 signs, on behalf of a business or commercial entity.
706 (b) “Dwelling” has the same meaning as in s. 810.011(2).
707 (3) PROHIBITED ACTS.—A person may not engage in commercial
708 solicitation on any dwelling that clearly and prominently
709 displays a sign that is no less than 8.5 by 11 inches, is
710 visible to any person approaching the dwelling, and clearly
711 displays a statement which identifies the dwelling as private
712 property on which commercial solicitation is prohibited, in
713 substantially the following manner with letters at least 1 inch
714 in height:
715
716 THIS DWELLING IS DESIGNATED PRIVATE PROPERTY. NO
717 COMMERCIAL SOLICITATION IS PERMITTED PURSUANT TO
718 SECTION 501.062, FLORIDA STATUTES.
719
720 (4) PENALTIES.—A person who violates subsection (3) commits
721 a noncriminal violation, punishable as provided in s. 775.083. A
722 person who commits a second or subsequent violation commits a
723 misdemeanor of the second degree, punishable as provided in s.
724 775.082 or s. 775.083.
725 Section 19. Subsection (50) is added to section 570.07,
726 Florida Statutes, to read:
727 570.07 Department of Agriculture and Consumer Services;
728 functions, powers, and duties.—The department shall have and
729 exercise the following functions, powers, and duties:
730 (50) Notwithstanding s. 20.04(7), to reorganize
731 departmental units upon the approval of the commissioner.
732 Section 20. Paragraph (c) is added to subsection (3) of
733 section 570.822, Florida Statutes, to read:
734 570.822 Agriculture and Aquaculture Producers Emergency
735 Recovery Loan Program.—
736 (3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
737 applicant must:
738 (c) Be a United States citizen and a legal resident of this
739 state before or on the date of the declared emergency. If the
740 applicant is an entity as defined in s. 605.0102, the entity
741 must be wholly owned and operated in the United States and
742 possess an active certificate of status issued by the Department
743 of State pursuant to chapter 605.
744 Section 21. Section 570.846, Florida Statutes, is created
745 to read:
746 570.846 Food Animal Veterinary Medicine Loan Repayment
747 Program.—
748 (1) PURPOSE.—To encourage specialized and qualified
749 veterinary professionals to practice in this state, to retain
750 the employment of such professionals in this state, and to
751 promote the care and treatment of food animals intended for
752 human consumption, there is established the Florida Food Animal
753 Veterinary Medicine Loan Repayment Program. The purpose of the
754 program is to authorize the department to make payments that
755 offset loans incurred, for up to three new eligible candidates
756 annually, for studies leading to a veterinary degree with a
757 specialization in food animal veterinary medicine.
758 (2) DEFINITIONS.—As used in this section, the term:
759 (a) “Food animal” means a species of animal raised for the
760 human food supply. Food animal species include cattle, swine,
761 sheep, goat, poultry, aquaculture, and apiary species.
762 (b) “Food animal veterinarian” means a veterinarian working
763 in food animal veterinary medicine who focuses on the management
764 and health of food animals, and who spends a minimum of 20 hours
765 per week on food animal species care and treatment.
766 (c) “Food animal veterinary medicine” means veterinary
767 medical practice that encompasses medical care, disease
768 prevention, and consultation on feeding, housing, and overall
769 herd management of food animals to ensure a safe, healthy, and
770 sustainable food supply for the public.
771 (3) ELIGIBILITY.—To be eligible for the program, a
772 candidate must have graduated from an American Veterinary
773 Medical Association-accredited college of veterinary medicine,
774 have received a Florida veterinary medical license, have
775 obtained a Category II Accreditation from the United States
776 Department of Agriculture, and be a practicing food animal
777 veterinarian in this state.
778 (4) FUNDING.—Subject to legislative appropriation, the
779 department may make loan principal repayments of up to $25,000 a
780 year for up to 5 years on behalf of eligible candidates. All
781 repayments are contingent upon continued proof of employment in
782 this state as a practicing food animal veterinarian.
783 (5) DUPLICATION OF FINANCIAL ASSISTANCE.—An eligible
784 candidate receiving financial assistance from the federal
785 veterinary medicine loan repayment program as established in 7
786 U.S.C. part 3151a is ineligible to receive financial assistance
787 from the program under this section.
788 (6) RULEMAKING.—The department may adopt any rule necessary
789 for the administration of the program.
790 Section 22. Subsection (4) of section 583.01, Florida
791 Statutes, is amended to read:
792 583.01 Definitions.—For the purpose of this chapter, unless
793 elsewhere indicated, the term:
794 (4) “Dealer” means a person, firm, or corporation,
795 including a producer, processor, retailer, or wholesaler, that
796 sells, offers for sale, or holds for the purpose of sale in this
797 state 30 dozen or more eggs or its equivalent in any one week,
798 or more than 20,000 384 dressed birds annually in any one week.
799 Section 23. Section 590.02, Florida Statutes, is amended to
800 read:
801 590.02 Florida Forest Service; powers, authority, and
802 duties; liability; building structures; Withlacoochee and Welaka
803 Training Centers Center.—
804 (1) The Florida Forest Service has the following powers,
805 authority, and duties to:
806 (a) Enforce the provisions of this chapter;
807 (b) Prevent, detect, and suppress wildfires wherever they
808 may occur on public or private land in this state and do all
809 things necessary in the exercise of such powers, authority, and
810 duties;
811 (c) Provide firefighting crews, who shall be under the
812 control and direction of the Florida Forest Service and its
813 designated agents;
814 (d) Appoint center managers, forest area supervisors,
815 forestry program administrators, a forest protection bureau
816 chief, a forest protection assistant bureau chief, a field
817 operations bureau chief, deputy chiefs of field operations,
818 district managers, forest operations administrators, senior
819 forest rangers, investigators, forest rangers, firefighter
820 rotorcraft pilots, and other employees who may, at the Florida
821 Forest Service’s discretion, be certified as forestry
822 firefighters pursuant to s. 633.408(8). Other law
823 notwithstanding, center managers, district managers, forest
824 protection assistant bureau chief, and deputy chiefs of field
825 operations have Selected Exempt Service status in the state
826 personnel designation;
827 (e) Develop a training curriculum for wildland firefighters
828 which must contain a minimum of 40 hours of structural
829 firefighter training, a minimum of 40 hours of emergency medical
830 training, and a minimum of 376 hours of wildfire training;
831 (f) Pay the cost of the initial commercial driver license
832 examination fee, and renewal, for those employees whose position
833 requires them to operate equipment requiring a license. This
834 paragraph is intended to be an authorization to the department
835 to pay such costs, not an obligation;
836 (g) Provide fire management services and emergency response
837 assistance and set and charge reasonable fees for performance of
838 those services. Moneys collected from such fees shall be
839 deposited into the Incidental Trust Fund of the Florida Forest
840 Service;
841 (h) Require all state, regional, and local government
842 agencies operating aircraft in the vicinity of an ongoing
843 wildfire to operate in compliance with the applicable state
844 Wildfire Aviation Plan;
845 (i) Authorize broadcast burning, prescribed burning, pile
846 burning, and land clearing debris burning to carry out the
847 duties of this chapter and the rules adopted thereunder; and
848 (j) Make rules to accomplish the purposes of this chapter.
849 (2) The Florida Forest Service’s employees, and the
850 firefighting crews under their control and direction, may enter
851 upon any lands for the purpose of preventing, detecting, and
852 suppressing wildfires and investigating smoke complaints or open
853 burning not in compliance with authorization and to enforce the
854 provisions of this chapter.
855 (3) Employees of the Florida Forest Service and of federal,
856 state, and local agencies, and all other persons and entities
857 that are under contract or agreement with the Florida Forest
858 Service to assist in firefighting operations as well as those
859 entities, called upon by the Florida Forest Service to assist in
860 firefighting may, in the performance of their duties, set
861 counterfires, remove fences and other obstacles, dig trenches,
862 cut firelines, use water from public and private sources, and
863 carry on all other customary activities in the fighting of
864 wildfires without incurring liability to any person or entity.
865 The manner in which the Florida Forest Service monitors a
866 smoldering wildfire or smoldering prescribed fire or fights any
867 wildfire are planning level activities for which sovereign
868 immunity applies and is not waived.
869 (4)(a) The department may build structures, notwithstanding
870 chapters 216 and 255, not to exceed a cost of $50,000 per
871 structure from existing resources on forest lands, federal
872 excess property, and unneeded existing structures. These
873 structures must meet all applicable building codes.
874 (b) Notwithstanding s. 553.80(1), the department shall
875 exclusively enforce the Florida Building Code as it pertains to
876 wildfire, law enforcement, and other Florida Forest Service
877 facilities under the jurisdiction of the department.
878 (5) The Florida Forest Service shall organize its
879 operational units to most effectively prevent, detect, and
880 suppress wildfires, and to that end, may employ the necessary
881 personnel to manage its activities in each unit. The Florida
882 Forest Service may construct lookout towers, roads, bridges,
883 firelines, and other facilities and may purchase or fabricate
884 tools, supplies, and equipment for firefighting. The Florida
885 Forest Service may reimburse the public and private entities
886 that it engages to assist in the suppression of wildfires for
887 their personnel and equipment, including aircraft.
888 (6) The Florida Forest Service shall undertake
889 privatization alternatives for fire prevention activities
890 including constructing fire lines and conducting prescribed
891 burns and, where appropriate, entering into agreements or
892 contracts with the private sector to perform such activities.
893 (7) The Florida Forest Service may organize, staff, equip,
894 and operate the Withlacoochee and Welaka Training Centers
895 Center. The centers center shall serve as sites a site where
896 fire and forest resource managers can obtain current knowledge,
897 techniques, skills, and theory as they relate to their
898 respective disciplines, and the centers:.
899 (a) The center May establish cooperative efforts involving
900 federal, state, and local entities; hire appropriate personnel;
901 and engage others by contract or agreement with or without
902 compensation to assist in carrying out the training and
903 operations of the centers center.
904 (b) The center Shall provide wildfire suppression training
905 opportunities for rural fire departments, volunteer fire
906 departments, and other local fire response units.
907 (c) The center Shall focus on curriculum related to, but
908 not limited to, fuel reduction, an incident management system,
909 prescribed burning certification, multiple-use land management,
910 water quality, forest health, environmental education, and
911 wildfire suppression training for structural firefighters.
912 (d) The center May assess appropriate fees for food,
913 lodging, travel, course materials, and supplies in order to meet
914 its operational costs and may grant free meals, room, and
915 scholarships to persons and other entities as determined by the
916 Florida Forest Service, regardless of whether training occurs at
917 the Withlacoochee or Welaka Training Center or at another
918 location in exchange for instructional assistance.
919 (8)(a) The Cross City Work Center shall be named the L.
920 Earl Peterson Forestry Station. This is to honor Mr. L. Earl
921 Peterson, Florida’s sixth state forester, whose distinguished
922 career in state government has spanned 44 years, and who is a
923 native of Dixie County.
924 (b) The Madison Forestry Station shall be named the Harvey
925 Greene Sr. Forestry Station. This is to honor Mr. Harvey Greene
926 Sr., a World War I veteran and pioneer in forestry in Madison
927 County. In 1947, Mr. Harvey Greene Sr. offered to give the land
928 on which the forestry station is located to the state; however,
929 at that time, the state could not accept donations of land.
930 Instead, Mr. Harvey Greene Sr. sold the land to the state and,
931 with the proceeds of the sale, purchased forestry equipment to
932 be used by the citizens of Madison County to plant trees and
933 fight wildfires.
934 (9)(a) Notwithstanding ss. 273.055 and 287.16, the
935 department may retain, transfer, warehouse, bid, destroy, scrap,
936 or otherwise dispose of surplus equipment and vehicles that are
937 used for wildland firefighting.
938 (b) All money received from the disposition of state-owned
939 equipment and vehicles that are used for wildland firefighting
940 shall be retained by the department. Money received pursuant to
941 this section is appropriated for and may be disbursed for the
942 acquisition of exchange and surplus equipment used for wildland
943 firefighting, and for all necessary operating expenditures
944 related to such equipment, in the same fiscal year and the
945 fiscal year following the disposition. The department shall
946 maintain records of the accounts into which the money is
947 deposited.
948 (10)(a) Notwithstanding the provisions of s. 252.38, the
949 Florida Forest Service has exclusive authority to require and
950 issue authorizations for broadcast burning and agricultural and
951 silvicultural pile burning. An agency, commission, department,
952 county, municipality, or other political subdivision of the
953 state may not adopt or enforce laws, regulations, rules, or
954 policies pertaining to broadcast burning or agricultural and
955 silvicultural pile burning.
956 (b) The Florida Forest Service may delegate to a county,
957 municipality, or special district its authority:
958 1. As delegated by the Department of Environmental
959 Protection pursuant to ss. 403.061(29) and 403.081, to manage
960 and enforce regulations pertaining to the burning of yard trash
961 in accordance with s. 590.125(6).
962 2. To manage the open burning of land clearing debris in
963 accordance with s. 590.125.
964 Section 24. Section 595.421, Florida Statutes, is created
965 to read:
966 595.421 Farmers Feeding Florida Program.—There is
967 established the Farmers Feeding Florida Program to coordinate
968 with Feeding Florida, or its successor entity, for the
969 acquisition, transportation, and distribution of non-Emergency
970 Food Assistance Program fresh food products for the benefit of
971 residents who are food insecure due to a lack of local food
972 resources, accessibility, and affordability.
973 (1) In order to implement the program, Feeding Florida
974 shall:
975 (a) Enter into an agreement with the department to provide,
976 at a minimum, all of the following services:
977 1. Transportation of non-Emergency Food Assistance Program
978 fresh food products using owned vehicles or contracted
979 commercial vehicles.
980 2. Coordination of the purchase and pickup of food from the
981 purchase location and delivery to the distribution location.
982 (b) Submit monthly reports to the department, beginning
983 July 1, 2026, which include, at a minimum, all of the following:
984 1. A detailed record of the amount of food purchased,
985 measured per pound and itemized according to its commodity type.
986 2. Food purchase locations.
987 3. Food purchase dates.
988 4. The date of delivery and locations to which the food was
989 distributed.
990 (c) Submit quarterly reports, beginning July 1, 2026, to
991 the chairs of the legislative appropriations committees,
992 including all of the following information:
993 1. A detailed record of the amount of food distributed,
994 measured per pound and itemized according to its commodity type.
995 2. The distribution locations.
996 3. An itemized list of the types of commodities
997 distributed.
998 (2) Foods purchased by Feeding Florida through the program
999 are restricted to charitable purposes for hunger relief and may
1000 not reenter the wholesale, retail, or secondary market.
1001 (3) Feeding Florida may not, in implementing this section,
1002 allow a candidate for elective office to host a food
1003 distribution event during the period of time between the last
1004 day of the election qualifying period and the date of the
1005 election if the candidate is opposed for election or reelection
1006 at the time of the event. This subsection does not apply if the
1007 event is in response to a declared state of emergency.
1008 Section 25. Present paragraph (c) of subsection (7) of
1009 section 597.004, Florida Statutes, is redesignated as paragraph
1010 (d) and amended, a new paragraph (c) is added to that
1011 subsection, and paragraph (a) of subsection (2) of that section
1012 is amended, to read:
1013 597.004 Aquaculture certificate of registration.—
1014 (2) RULES.—
1015 (a) The department, in consultation with the Department of
1016 Environmental Protection, the water management districts,
1017 environmental groups, and representatives from the affected
1018 farming groups, shall adopt rules to:
1019 1. Specify the requirement of best management practices to
1020 be implemented by holders of aquaculture certificates of
1021 registration.
1022 2. Establish procedures for holders of aquaculture
1023 certificates of registration to submit the notice of intent to
1024 comply with best management practices.
1025 3. Establish schedules for implementation of best
1026 management practices, and of interim measures that can be taken
1027 prior to adoption of best management practices. Interim measures
1028 may include the continuation of regulatory requirements in
1029 effect on June 30, 1998.
1030 4. Establish a system to assure the implementation of best
1031 management practices, including recordkeeping requirements.
1032 5. Require any facility that cultures Micropterus salmoides
1033 floridanus to maintain stock acquisition documentation or
1034 records of genetic testing.
1035 (7) REGISTRATION AND RENEWALS.—
1036 (c) The department may not renew a certificate of
1037 registration for a facility that is not compliant with this
1038 section unless documentation of corrective action is provided
1039 with the renewal application.
1040 (d)(c) A Any person whose certificate of registration has
1041 been revoked or suspended must reapply to the department for
1042 certification. A person, a company, or an entity, or a principal
1043 of a company or an entity whose certificate of registration has
1044 been revoked, may not reapply for a period of 3 years.
1045 Section 26. Paragraph (a) of subsection (5) of section
1046 597.010, Florida Statutes, is amended to read:
1047 597.010 Shellfish regulation; leases.—
1048 (5) LEASES IN PERPETUITY; RENT.—
1049 (a) All leases issued previously under the provisions of s.
1050 379.2525 shall be enforced under the authority of this chapter,
1051 notwithstanding any other law to the contrary, and shall
1052 continue in perpetuity under such restrictions as stated in the
1053 lease agreement. The annual rental fee charged for all leases
1054 shall consist of the minimum rate of $15 per acre, or any
1055 fraction of an acre, per year and may shall be adjusted on
1056 January 1, 1995, and every 5 years thereafter, based on the 5
1057 year average change in the Consumer Price Index. Rent must shall
1058 be paid in advance of January 1 of each year or, in the case of
1059 a new lease, at the time of signing, regardless of who holds the
1060 lease.
1061 Section 27. Paragraphs (b) and (c) of subsection (1) of
1062 section 599.012, Florida Statutes, are amended to read:
1063 599.012 Florida Wine Trust Fund; creation.—
1064 (1) There is established the Florida Wine Trust Fund within
1065 the Department of Agriculture and Consumer Services. The
1066 department shall use the moneys deposited in the trust fund
1067 pursuant to subsection (2) to do all the following:
1068 (b) Promote wine viticulture products manufactured from
1069 products grown in the state.
1070 (c) Provide grants for wine and viticultural research.
1071 Section 28. Section 616.001, Florida Statutes, is amended
1072 to read:
1073 616.001 Definitions.—As used in this chapter, the term:
1074 (1) “Annual public fair” means a community, county,
1075 district, regional, or state fair that is held and conducted by
1076 a fair association and permitted by the department pursuant to
1077 s. 616.15.
1078 (2) “Authority” means the Florida State Fair Authority.
1079 (3) “Community fair” means an annual public fair that
1080 serves an area of less than an entire county, has exhibits that
1081 are in accordance with s. 616.17, and gives premiums or awards
1082 to exhibitors. Agricultural products shall be produced in the
1083 community the exhibit represents. The majority of the board of
1084 directors of the fair shall reside, be employed, or operate a
1085 business in the community the fair represents.
1086 (4) “Concession” means use by a fair association, or a
1087 grant, lease, or license to a third party, of a portion of the
1088 land under the ownership, custody, or control of a fair
1089 association for specific uses, or the right to enter upon the
1090 land for specific purposes, such as providing rides, games,
1091 food, beverage, merchandise for sale, exhibits, projects,
1092 activities, events, programs, or other uses authorized in this
1093 chapter.
1094 (5) “County fair” means an annual public fair that serves
1095 an entire county and provides exhibitors with premiums or awards
1096 for exhibits that are in accordance with s. 616.17. Agricultural
1097 products must be typical of those produced in the county the
1098 exhibit represents. The majority of the board of directors of
1099 the fair shall reside, be employed, or operate a business in the
1100 county that the fair association represents.
1101 (4)(6) “Department” means the Department of Agriculture and
1102 Consumer Services.
1103 (7) “District fair” means an annual public fair that serves
1104 at least five counties and has exhibits that meet the
1105 requirements of s. 616.17. A district fair shall pay at least
1106 $25,000 in cash premiums or awards to exhibitors. Agricultural
1107 products must be typical of those produced in the counties the
1108 exhibit represents. Livestock may originate from outside the
1109 district, but must be registered in the exhibitor’s name at
1110 least 30 days before the opening day of the fair. Each county is
1111 encouraged to have proportionate exhibits, typical of its
1112 respective natural resources. Each county shall have exhibits
1113 representing basic resources in agriculture and industry.
1114 (5)(8) “Entry” means one item entered for competition or
1115 show. An entry may constitute an exhibit, depending upon the
1116 regulations stated in the premium book.
1117 (6)(9) “Exhibit” means one or more entries entered for
1118 exhibition and constituting a unit. An exhibit may consist of
1119 one or more entries, depending upon the regulations stated in
1120 the premium book. The term includes parades and displays of
1121 articles or a collection of articles, whether static,
1122 interactive, or dynamic, by a fair association or a third party
1123 contracting with a fair association, such as exhibits of
1124 animals, art, housewares, or motor vehicles.
1125 (7)(10) “Exhibitor” means an individual, a group of
1126 individuals, or a business, including a fair association or
1127 third party contracting with a fair association, which has an
1128 exhibit.
1129 (8)(11) “Fair association” or “association” means an
1130 association not for profit incorporated under this chapter for
1131 the purpose of conducting and operating public fairs or
1132 expositions.
1133 (9)(12) “Public fair or exposition” means a project,
1134 activity, event, or program, and use by a fair association,
1135 including, but not limited to, the annual public fair, which
1136 serves the purposes specified in s. 616.08 and benefits and
1137 develops the educational, agricultural, horticultural,
1138 livestock, charitable, historical, civic, cultural, scientific,
1139 and other resources of this state, or any county, municipality,
1140 or other community in this state.
1141 (13) “Regional fair” or “interstate fair” means an annual
1142 public fair of this state and other states in which fair
1143 exhibits meet the requirements of s. 616.17. Agricultural
1144 products must be typical of those produced in the area the
1145 exhibit represents.
1146 (10)(14) “Specialized show” means a show or an exhibition
1147 exhibiting and emphasizing livestock or poultry, or a fruit or
1148 vegetable festival, and must meet the minimum exhibit
1149 requirements specified in s. 616.17. A specialized show may
1150 qualify under one of the definitions in subsections (3), (5),
1151 (7), and (15).
1152 (11)(15) “State fair” means an annual public fair that
1153 serves the entire state. Exhibits must comply with s. 616.17,
1154 and cash premiums or awards may be given to exhibitors.
1155 Section 29. Section 616.01, Florida Statutes, is amended to
1156 read:
1157 616.01 Requirements for Number of persons required;
1158 requisites of proposed charter.—Twenty-five or more persons who
1159 are Residents and qualified electors of the county in which the
1160 annual public fair is to be located, who wish to form an
1161 association not for profit for the purpose of conducting and
1162 operating public fairs or expositions, may become incorporated
1163 in the following manner. The applicant must subscribers shall
1164 submit the proposed charter to the department for review and
1165 approval or denial. If the proposed charter is denied, the
1166 department must provide the applicant with a letter sent to the
1167 mailing address provided on the proposed charter and include a
1168 complete listing of all deficiencies, if any, which must be
1169 remedied before resubmittal of the proposed charter for
1170 approval. If the proposed charter is approved, the applicant
1171 must subscribers shall sign and present a notarized copy of the
1172 proposed charter to the judge of the circuit court for the
1173 county in which the principal office of the association will be
1174 located. The proposed charter must specify:
1175 (1) The name of the association and the place where the
1176 principal office is to be located. The name of the association
1177 must shall include the word, “Inc.”
1178 (2) The general nature of the objectives and powers of the
1179 association, including a provision that the association is
1180 incorporated for the sole purpose of conducting and operating
1181 public fairs or expositions.
1182 (3) The qualifications and terms of association members and
1183 criteria for their admission and expulsion. Provision must may
1184 be made in the charter for ex officio membership.
1185 (4) The time for which the association is to exist.
1186 (5) The name and residence of each subscriber.
1187 (6) Procedures for the election of and governance by
1188 officers, who may be elected or appointed.
1189 (7) The designation of officers who will manage the affairs
1190 of the association until the first election or appointment under
1191 the charter.
1192 (8) Procedures for the adoption, amendment, or rescission
1193 of bylaws of the association.
1194 (9) The highest amount of indebtedness or liability that
1195 may be accrued by the association.
1196 (10) The name an elected member of the board of county
1197 commissioners of the county in which the principal office of the
1198 association will be located, who will serve as an ex officio
1199 member of the board of directors the association.
1200 (11) The official e-mail address of the association which
1201 will be used for the purpose of official communication between
1202 the association and governmental entities.
1203 (12) The language for the oath that will be taken by the
1204 applicant, which must include, but is not limited to, all of the
1205 following:
1206 (a) That the primary objective of the association is for
1207 public service and to hold, conduct, and promote public fairs or
1208 expositions.
1209 (b) That money and other available assets in value
1210 exceeding $5,000 have been provided for purposes designated by
1211 the association.
1212 (c) That the association will operate in good faith to
1213 carry out the purposes and objectives set forth in the charter.
1214 Section 30. Section 616.02, Florida Statutes, is amended to
1215 read:
1216 616.02 Fair associations per county Acknowledgment of
1217 charter.—
1218 (1) Beginning July 1, 2026, there may be only one
1219 incorporated fair association per county in this state,
1220 excluding the state fair, which may be incorporated and
1221 conducted in any county. The department may not approve a
1222 proposed charter incorporating a fair association within the
1223 same county in which a fair association currently exists. The
1224 department may waive this requirement at the discretion of the
1225 Commissioner of Agriculture.
1226 (2) Any fair association incorporated before July 1, 2026,
1227 may conduct public fairs or expositions and exercise the
1228 authority provided to them pursuant to this chapter The proposed
1229 charter of a fair association shall be acknowledged by at least
1230 three of its subscribers before an officer authorized to make
1231 acknowledgment of deeds. Subscribers shall also make and take an
1232 oath, which must be attached to the proposed charter, stating
1233 that the primary objective of the association is public service
1234 and holding, conducting, and promoting public fairs or
1235 expositions; that money and other available assets in value
1236 exceeding $5,000 have been provided for the purposes of the
1237 association; and that the association will operate in good faith
1238 to carry out the purposes and objectives set forth in its
1239 charter.
1240 Section 31. Section 616.03, Florida Statutes, is amended to
1241 read:
1242 616.03 Notice of application; Approval and record of
1243 charter.—Upon approval by the department, A notice of intention
1244 to apply to the circuit court for the charter of a fair
1245 association must specify the date that application will be made,
1246 shall be sent to the department for approval, and shall be
1247 published in a newspaper in the county where the principal
1248 office of the association will be located once each week for 4
1249 consecutive weeks. The notice must briefly summarize the charter
1250 and objectives of the proposed association. the proposed charter
1251 must shall be submitted to and approved by the board of county
1252 commissioners of the county in which the principal office of the
1253 association will be located. After approval by the department
1254 and the board of county commissioners, the proposed charter and
1255 proof of approval must and publication shall be submitted to the
1256 circuit judge on the date specified in the notice. If no cause
1257 is shown to the contrary and the judge finds that the proposed
1258 charter is in proper form and will serve the primary objective
1259 of public service, the judge must shall approve the charter and
1260 issue an order incorporating the applicant subscribers under the
1261 charter for the objectives and purposes specified in the
1262 charter. The charter and order of incorporation must shall be
1263 recorded in the office of the clerk of the circuit court in the
1264 county where the principal office of the association will be
1265 located and provided to the department. After the order is
1266 recorded, the applicant subscribers and any their associates are
1267 incorporated with the objectives and powers established in the
1268 charter and under the name given in the charter. During the
1269 publication period, the proposed charter shall be on file in the
1270 office of the clerk of the circuit court. This section does not
1271 preclude a fair association from also filing its duly approved
1272 charter with the Department of State pursuant to chapter 617 for
1273 notice purposes.
1274 Section 32. Subsection (2) of section 616.05, Florida
1275 Statutes, is amended to read:
1276 616.05 Amendment of charter.—A fair association may propose
1277 an amendment to its charter by resolution as provided in its
1278 charter or bylaws.
1279 (2) After the department approves the proposed amendment,
1280 it will be incorporated into the original charter upon:
1281 (a) Publication of notice in the same manner as provided in
1282 s. 616.03;
1283 (b) Filing the order of the circuit judge approving the
1284 amendment with the office of the clerk of the circuit court and
1285 the department; and
1286 (b)(c) Being recorded in the clerk’s office.
1287
1288 If a fair association has filed its charter with the Department
1289 of State pursuant to chapter 617, a copy of any amendment to the
1290 charter must be filed with the Department of State for notice
1291 purposes.
1292 Section 33. Section 616.051, Florida Statutes, is amended
1293 to read:
1294 616.051 Dissolving a charter.—
1295 (1) A fair association may dissolve its charter by
1296 resolution as provided in its charter or bylaws. The proposal
1297 for dissolving the charter shall be submitted to the department
1298 for approval.
1299 (2) Upon approval by the department and upon presentation
1300 of sufficient evidence demonstrating and publication of notice
1301 and proof that all indebtedness has been paid and no claims are
1302 outstanding against the association, the circuit judge may, by
1303 decree, dissolve the association and order the distribution of
1304 its remaining assets. Such assets must be distributed, by
1305 resolution of the board of directors, to the county in which the
1306 principal office of the association is located unless otherwise
1307 specified by the deed of the property held by the association
1308 its remaining public funds to be distributed as recommended by
1309 the board of directors.
1310 Section 34. Subsection (3) of section 616.07, Florida
1311 Statutes, is amended, and subsections (1) and (2) of that
1312 section are republished, to read:
1313 616.07 Members not personally liable; property of
1314 association held in trust; exempt from taxation.—
1315 (1) A member, officer, director, or trustee of a fair
1316 association is not personally liable for any of the debts of the
1317 association, and money or property of a fair association may not
1318 be distributed as profits or dividends among its members,
1319 officers, directors, or trustees.
1320 (2) All money and property of the association, except that
1321 necessary for the payment of its just debts and liabilities, are
1322 public property, shall be administered by the association as
1323 trustee, and shall be used exclusively for the legitimate
1324 purpose of the association. So long as they are used for that
1325 purpose, all money and property of the association are exempt
1326 from all forms of taxation, including special assessments, and
1327 any projects, activities, events, programs, and uses authorized
1328 by this part serve an essential governmental purpose and,
1329 therefore, are not taxable and are not subject to assessments.
1330 This subsection does not apply to chapter 212.
1331 (3) Upon order of the circuit judge, any public funds or
1332 property remaining in a fair association when the association is
1333 dissolved shall be distributed by resolution of the board of
1334 directors to any county or any municipality within the county.
1335 The board may designate in the distribution resolution the
1336 public project that will benefit from the funds or the manner in
1337 which the property will be used. If property has been
1338 contributed by a municipality or county, the property shall be
1339 reconveyed to the municipality or county that gave the property
1340 to the association.
1341 Section 35. Section 616.101, Florida Statutes, is amended
1342 to read:
1343 616.101 Annual review of accounts and records; review of
1344 charter.—
1345 (1) The accounts and records of a every fair association
1346 whose annual public fair has an annual attendance of more than
1347 25,000, based upon recorded attendance from the previous year,
1348 must shall be reviewed annually by a qualified accountant
1349 licensed by the state. A fair association whose annual public
1350 fair has an annual attendance of 25,000 or fewer, based upon
1351 recorded attendance from the previous year, or a fair
1352 association that is holding an annual public fair for the first
1353 time, must submit an annual financial statement that has been
1354 signed by an officer of the county. The results of the reviews
1355 must shall be kept in the official records of each association,
1356 available to all directors of the association. A certified copy
1357 of the review must shall be filed with the department:
1358 (a)(1) On request by the department to certify expenditures
1359 of the premiums awarded to exhibitors of a fair or of building
1360 funds if when there is evidence of a violation of state laws; or
1361 (b)(2) When the association is applying for a fair permit.
1362 (2) A fair association shall, every 5 years beginning July
1363 1, 2026, review its charter and submit to the department a
1364 certified copy of the charter which incorporates any amendment
1365 made during the last 5 years. A designated member of the
1366 association shall attest that the charter is accurate and
1367 factual when submitting the certified copy to the department.
1368 Section 36. Section 616.15, Florida Statutes, is amended to
1369 read:
1370 616.15 Permit from Department of Agriculture and Consumer
1371 Services required.—
1372 (1) An annual public fair may not be conducted by a fair
1373 association without a permit issued by the department. The
1374 association shall present to the department an application for a
1375 permit, signed by an officer of the association, at least 90
1376 calendar days 3 months before holding the annual public fair.
1377 The application must shall be accompanied by a fee in an amount
1378 to be determined by the department for processing the
1379 application and making any required investigation. The
1380 application fee must be at least $183 and may not exceed $366.
1381 Fees collected under this subsection shall be deposited in the
1382 General Inspection Trust Fund of the State Treasury in a special
1383 account to be known as the “Agricultural and Livestock Fair
1384 Account.” A copy of the application must be sent to each fair
1385 association located within 50 miles of the site of the proposed
1386 annual public fair at the same time the application is sent to
1387 the department. The department may issue a permit if the
1388 applicant provides:
1389 (a) The opening and closing dates of the proposed annual
1390 public fair.
1391 (b) The name and address of the owner of the central
1392 amusement attraction that will operate during the annual public
1393 fair.
1394 (c) An affidavit properly executed by the president or
1395 chief executive officer of the applicant association certifying
1396 the existence of a binding contract entered into by the
1397 association and the owner of the central amusement attraction
1398 covering the period for which the permit from the department is
1399 applied. The contract between the parties must shall be
1400 available for inspection by duly authorized agents of the
1401 department in administering this chapter.
1402 (d) A copy of the association’s charter which incorporates
1403 all amendments made A written statement that the main purpose of
1404 the association is to conduct and operate a public fair and
1405 exposition, including the annual fair, for the benefit and
1406 development of the educational, agricultural, horticultural,
1407 livestock, charitable, historical, civic, cultural, scientific,
1408 and other resources of the geographical area the fair
1409 association represents and serves. The statement must be
1410 subscribed and acknowledged by an officer of the association
1411 before an officer authorized to take acknowledgments.
1412 (e) A premium list of the current annual public fair to be
1413 conducted and or a copy of the previous year’s premium list
1414 showing all premiums and awards to be offered to exhibitors in
1415 various departments of the annual public fair, which may
1416 include, but are not limited to, art exhibition, beef cattle,
1417 county exhibits, dairy cattle, horticulture, swine, women’s
1418 department, 4-H Club activities, Future Farmers of America
1419 activities, Future Homemakers of America activities, poultry and
1420 egg exhibits, and community exhibits. The premium list, which
1421 may be submitted separately from the application, must be
1422 submitted at least 60 calendar days before the annual public
1423 fair begins operation.
1424 (f) A complete listing of all exhibits required pursuant to
1425 s. 616.17 Proof of liability insurance insuring the association
1426 against liability for injury to persons, in an amount of not
1427 less than $300,000 per occurrence.
1428 (g) A copy of the most recent review.
1429 (h) A list of all current members of the board of directors
1430 of the association and their contact information, including home
1431 address.
1432
1433 The department shall issue the permit within 10 calendar days
1434 after it receives all the information required by this
1435 subsection and the applicant qualifies pursuant to this section.
1436 (2) At least 21 calendar days before holding the annual
1437 public fair, the association shall present the department with
1438 all of the following information:
1439 (a) Proof of liability insurance insuring the association
1440 against liability for injury to persons, in an amount not less
1441 than $300,000 per occurrence.
1442 (b) A copy of the association’s most recent annual
1443 financial statement pursuant to s. 616.101.
1444 (c) A list of all current members of the board of directors
1445 of the association and their contact information, including home
1446 addresses.
1447 (3)(2) The department shall administer and enforce the
1448 provisions of this chapter except as to the regulation of games,
1449 which shall be regulated by local law enforcement agencies. The
1450 department shall adopt rules to administer this chapter,
1451 including rules governing the form and contents of the
1452 application for the permit and any reports that it deems may
1453 deem necessary in enforcing the provisions of this chapter.
1454 (4)(3) Notwithstanding any fair association meeting the
1455 requirements set forth in subsection (1), the department may
1456 order a full investigation to determine if the fair association
1457 meets the requirements of this part s. 616.01, and may withhold
1458 a permit from, deny a permit to, or withdraw a permit once
1459 issued to the association. The department shall also consider
1460 whether any proposed annual public fair, as set forth in an
1461 application for a permit, will compete with another annual
1462 public fair within 50 miles of the proposed annual public fair
1463 with respect to name, dates of operation, or market. The
1464 department may deny, withhold, or withdraw a permit from a fair
1465 association if the department determines that such fair
1466 association will compete with another association. The
1467 department shall give preference to existing fair associations
1468 with established dates, locations, and names. The determination
1469 by the department is final.
1470 Section 37. Section 616.251, Florida Statutes, is amended
1471 to read:
1472 616.251 Florida State Fair Authority; creation;
1473 responsibility for staging annual state fair; exemptions.—
1474 (1) There is created and constituted the “Florida State
1475 Fair Authority,” a public body corporate and politic, for the
1476 purposes and with the powers set forth in this part. Such
1477 instrumentality, hereinafter referred to as “the authority,”
1478 shall have perpetual succession. For the purposes of
1479 implementing the intent of this part, the authority shall be
1480 considered an instrumentality of the state, subject to the
1481 jurisdiction of the state. Any conflict with respect to that
1482 jurisdiction will be resolved by the authority and respective
1483 state agencies.
1484 (2) The authority shall operate under the supervision of
1485 the Commissioner of Agriculture, which supervision may include,
1486 but is not limited to, assisting, advising, and making
1487 recommendations regarding the financing and operation of the
1488 authority. In assisting and advising the authority, the
1489 Commissioner of Agriculture may make appropriate staff of the
1490 department available to the authority.
1491 (3) The authority is charged with the responsibility of
1492 staging an annual fair to serve the entire state. Cash premiums
1493 or awards may be given to exhibitors.
1494 (4) The authority shall be exempt from part I of this
1495 chapter.
1496 (5)(4) The principal offices of the authority shall be in
1497 such place or places in or near the City of Tampa as the
1498 authority may from time to time designate.
1499 Section 38. Subsection (1) of section 843.085, Florida
1500 Statutes, is amended, and subsection (5) of that section is
1501 republished, to read:
1502 843.085 Unlawful use of badges or other indicia of
1503 authority.—
1504 (1) It is unlawful for any person, unless appointed by the
1505 Governor pursuant to chapter 354, authorized by the appropriate
1506 agency, or displayed in a closed or mounted case as a collection
1507 or exhibit, to wear or display any authorized indicia of
1508 authority, including any badge, insignia, emblem, identification
1509 card, or uniform, or any colorable imitation thereof, of any
1510 federal, state, county, or municipal law enforcement agency, or
1511 other criminal justice agency as defined in s. 943.045, with the
1512 intent to mislead or cause another person to believe that he or
1513 she is a member of that agency or is authorized to display or
1514 wear such item, or to wear or display any item that displays in
1515 any manner or combination the word or words “police,”
1516 “patrolman,” “patrolwoman,” “agent,” “sheriff,” “deputy,”
1517 “trooper,” “highway patrol,” “commission officer,” “Wildlife
1518 Officer,” “Department of Environmental Protection officer,”
1519 “Marine Patrol Officer,” “state attorney,” “public defender,”
1520 “marshal,” “constable,” “bailiff,” or “fire department,”
1521 “concealed weapon permit,” or “concealed weapon permitholder”
1522 with the intent to mislead or cause another person to believe
1523 that he or she is a member of that agency, if applicable, or is
1524 authorized to wear or display such item.
1525 (5) A violation of this section is a misdemeanor of the
1526 first degree, punishable as provided in s. 775.082 or s.
1527 775.083. This section is cumulative to any law now in force in
1528 the state.
1529 Section 39. Section 865.065, Florida Statutes, is reordered
1530 and amended to read:
1531 865.065 Disparagement of perishable agricultural food
1532 products; cause of action; limitation.—
1533 (1) The Legislature finds, determines, and declares that
1534 the production of agricultural food products constitutes an
1535 important and significant portion of the state economy and that
1536 it is imperative to protect the vitality of the agricultural
1537 economy for the citizens of this state by providing a cause of
1538 action for agricultural producers to recover damages for the
1539 disparagement of any perishable agricultural product.
1540 (2) For purposes of this section, the term:
1541 (b)(a) “Disparagement” means the willful or malicious
1542 dissemination to the public in any manner of any false
1543 information that a perishable agricultural food product is not
1544 safe for human consumption. False information is that
1545 information which is not based on reliable, scientific facts and
1546 reliable, scientific data which the disseminator knows or should
1547 have known to be false.
1548 (a)(b) “Perishable Agricultural food product” means any
1549 agricultural or aquacultural food product or commodity grown or
1550 produced within this the state for a commercial purpose. The
1551 term also includes any agricultural practices used in the
1552 production of such products of Florida which is sold or
1553 distributed in a form that will perish or decay within a
1554 reasonable period of time.
1555 (c) “Producer” means the person who actually grows or
1556 produces perishable agricultural food products.
1557 (3) Any producer or any association representing producers
1558 of perishable agricultural food products which suffers damages
1559 as a result of another person’s disparagement of any such
1560 perishable agricultural food product may bring an action for
1561 damages and for any other relief a court of competent
1562 jurisdiction deems appropriate, including, but not limited to,
1563 compensatory and punitive damages, reasonable attorney fees, and
1564 costs of the action.
1565 (4) The statute of limitations for disparagement of
1566 perishable agricultural food products is 2 years from the date
1567 the disparagement occurs.
1568 Section 40. Subsection (27) is added to section 934.02,
1569 Florida Statutes, to read:
1570 934.02 Definitions.—As used in this chapter:
1571 (27) “Signal jamming device” means a device or process,
1572 such as a phone jammer, global positioning systems blocker, or
1573 other similar device designed to intentionally block, jam, or
1574 interfere with radio communications, such as cellular and
1575 personal communication services, police radar, or global
1576 positioning systems.
1577 Section 41. Section 934.51, Florida Statutes, is created to
1578 read:
1579 934.51 Possession, use, and sale of signal jamming device;
1580 prohibition; exceptions; penalties.—
1581 (1) PROHIBITION.—It is unlawful to possess, manufacture,
1582 hold or offer for sale, sell, import, distribute, or use a
1583 signal jamming device in this state.
1584 (2) EXCEPTIONS.—This section does not apply to a federal or
1585 military law enforcement agency that lawfully installs, places,
1586 or uses a signal jamming device as part of a criminal
1587 investigation, or to any person duly authorized by the Federal
1588 Communications Commission.
1589 (3) PENALTIES.—A person who violates this section commits a
1590 misdemeanor of the first degree, punishable as provided in s.
1591 775.082 or s. 775.083.
1592 Section 42. Paragraph (a) of subsection (4) and subsection
1593 (6) of section 288.1175, Florida Statutes, are amended to read:
1594 288.1175 Agriculture education and promotion facility.—
1595 (4) The Department of Agriculture and Consumer Services
1596 shall certify a facility as an agriculture education and
1597 promotion facility if the Department of Agriculture and Consumer
1598 Services determines that:
1599 (a) The applicant is a unit of local government as defined
1600 in s. 218.369, or a fair association as defined in s. 616.001(8)
1601 s. 616.001(11), which is responsible for the planning, design,
1602 permitting, construction, renovation, management, and operation
1603 of the agriculture education and promotion facility or holds
1604 title to the property on which such facility is to be developed
1605 and located.
1606 (6) Funds may not be expended to develop or subsidize
1607 privately owned facilities, except for facilities owned by fair
1608 associations as defined in s. 616.001(8) s. 616.001(11).
1609 Section 43. For the purpose of incorporating the amendment
1610 made by this act to section 287.1351, Florida Statutes, in a
1611 reference thereto, subsection (4) of section 287.056, Florida
1612 Statutes, is reenacted to read:
1613 287.056 Purchases from purchasing agreements and state term
1614 contracts; vendor disqualification.—
1615 (4) A firm or individual placed on the suspended vendor
1616 list pursuant to s. 287.1351 or placed on a disqualified vendor
1617 list pursuant to s. 287.133 or s. 287.134 is immediately
1618 disqualified from state term contract eligibility.
1619 Section 44. For the purpose of incorporating the amendment
1620 made by this act to section 287.1351, Florida Statutes, in a
1621 reference thereto, subsection (5) of section 287.138, Florida
1622 Statutes, is reenacted to read:
1623 287.138 Contracting with entities of foreign countries of
1624 concern prohibited.—
1625 (5) The Attorney General may bring a civil action in any
1626 court of competent jurisdiction against an entity that violates
1627 this section. Violations of this section may result in:
1628 (a) A civil penalty equal to twice the amount of the
1629 contract for which the entity submitted a bid or proposal for,
1630 replied to, or entered into;
1631 (b) Ineligibility to enter into, renew, or extend any
1632 contract, including any grant agreements, with any governmental
1633 entity for up to 5 years;
1634 (c) Ineligibility to receive or renew any license,
1635 certification, or credential issued by a governmental entity for
1636 up to 5 years; and
1637 (d) Placement on the suspended vendor list pursuant to s.
1638 287.1351.
1639 Section 45. For the purpose of incorporating the amendment
1640 made by this act to section 500.04, Florida Statutes, in a
1641 reference thereto, subsection (1) of section 500.177, Florida
1642 Statutes, is reenacted to read:
1643 500.177 Penalty for violation of s. 500.04; dissemination
1644 of false advertisement.—
1645 (1) Any person who violates any provision of s. 500.04 is
1646 guilty of a misdemeanor of the second degree, punishable as
1647 provided in s. 775.082 or s. 775.083; but, if the violation is
1648 committed after a conviction of such person under this section
1649 has become final, such person is guilty of a misdemeanor of the
1650 first degree, punishable as provided in s. 775.082 or s.
1651 775.083.
1652 Section 46. For the purpose of incorporating the amendment
1653 made by this act to section 616.07, Florida Statutes, in a
1654 reference thereto, subsection (13) of section 212.08, Florida
1655 Statutes, is reenacted to read:
1656 212.08 Sales, rental, use, consumption, distribution, and
1657 storage tax; specified exemptions.—The sale at retail, the
1658 rental, the use, the consumption, the distribution, and the
1659 storage to be used or consumed in this state of the following
1660 are hereby specifically exempt from the tax imposed by this
1661 chapter.
1662 (13) LIMITATIONS ON EXEMPTIONS.—No transactions shall be
1663 exempt from the tax imposed by this chapter except those
1664 expressly exempted herein. All laws granting tax exemptions, to
1665 the extent they may be inconsistent or in conflict with this
1666 chapter, including, but not limited to, the following designated
1667 laws, shall yield to and be superseded by the provisions of this
1668 subsection: ss. 125.019, 153.76, 154.2331, 159.15, 159.31,
1669 159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 315.11,
1670 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09, and the
1671 following Laws of Florida, acts of the year indicated: s. 31,
1672 chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12, chapter
1673 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter 31263,
1674 1955; s. 13, chapter 31343, 1955; s. 16, chapter 59-1653; s. 13,
1675 chapter 59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754;
1676 s. 10, chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter
1677 65-1274; s. 16, chapter 67-1446; and s. 10, chapter 67-1681.
1678 This subsection does not supersede the authority of a local
1679 government to adopt financial and local government incentives
1680 pursuant to s. 163.2517.
1681 Section 47. For the purpose of incorporating the amendment
1682 made by this act to section 616.15, Florida Statutes, in a
1683 reference thereto, section 616.185, Florida Statutes, is
1684 reenacted to read:
1685 616.185 Trespass upon grounds or facilities of public fair;
1686 penalty; arrests.—
1687 (1) For the purposes of this chapter, trespass upon the
1688 grounds of the Florida State Fair Authority or any other fair
1689 association permitted under s. 616.15 means:
1690 (a) Entering and remaining upon any grounds or facilities
1691 owned, operated, or controlled by the Florida State Fair
1692 Authority or any other association permitted under s. 616.15 and
1693 committing any act that disrupts the orderly conduct of any
1694 authorized activity of the fair association in charge, or its
1695 lessees, licensees, or the general public on those grounds or
1696 facilities; or
1697 (b) Entering and remaining on those grounds or facilities
1698 after being directed not to enter or to leave them by the
1699 executive director of the authority, chief administrative
1700 officer of the fair association, or any employee or agent of the
1701 association designated by the executive director or
1702 administrator to maintain order on those grounds and facilities,
1703 after a determination by the executive director, administrator,
1704 employee, or agent that the entering or remaining on those
1705 grounds or facilities is in violation of the rules and
1706 regulations of the Florida State Fair Authority or permitted
1707 fair association or is disrupting the orderly conduct of any
1708 authorized activity of the fair association in charge, or its
1709 lessees, licensees, or the general public on those grounds or
1710 facilities.
1711 (2) Any person committing the offense of trespass upon the
1712 grounds of the Florida State Fair Authority or any other fair
1713 association permitted under s. 616.15 commits a misdemeanor of
1714 the second degree, punishable as provided in s. 775.082 or s.
1715 775.083.
1716 (3) A law enforcement officer may arrest any person on or
1717 off the premises, without a warrant, if the officer has probable
1718 cause for believing such person has committed the offense of
1719 trespass upon the grounds of the Florida State Fair Authority or
1720 any fair association permitted under s. 616.15. Such an arrest
1721 does not render the law enforcement officer criminally or
1722 civilly liable for false arrest, false imprisonment, or unlawful
1723 detention.
1724 Section 48. This act shall take effect July 1, 2026.