Florida Senate - 2026 CS for SB 290
By the Committee on Agriculture; and Senator Truenow
575-01714-26 2026290c1
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 certain state
22 owned conservation lands are suitable for bona fide
23 agricultural purposes; authorizing the Department of
24 Environmental Protection to surplus certain state
25 owned lands determined to be suitable for bona fide
26 agricultural purposes; requiring the Department of
27 Environmental Protection to retain a rural-lands
28 protection easement for such surplused lands;
29 requiring that all proceeds from the sale of such
30 surplused lands be deposited in the Department of
31 Agriculture and Consumer Services’ Incidental Trust
32 Fund for less than fee simple; requiring the
33 Department of Environmental Protection to annually
34 provide a report of such surplused lands to the Board
35 of Trustees of the Internal Improvement Trust Fund;
36 prohibiting certain lands from being surplused;
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.
90 570.832, F.S.; requiring the Florida Wildflower
91 Foundation, in coordination with the Department of
92 Agriculture and Consumer Services, to establish the
93 Florida Native Seed Research and Marketing Program,
94 subject to legislative appropriation; providing the
95 purpose of the program; creating s. 570.846, F.S.;
96 establishing the Food Animal Veterinary Medicine Loan
97 Repayment Program; providing the purpose of the
98 program; defining terms; providing eligibility
99 requirements for the program; authorizing the
100 Department of Agriculture and Consumer Services to
101 make loan principal repayments on behalf of eligible
102 candidates up to a certain amount for a specified
103 timeframe, subject to legislative appropriation;
104 providing construction; authorizing the Department of
105 Agriculture and Consumer Services to adopt rules;
106 amending s. 583.01, F.S.; revising the definition of
107 the term “dealer”; amending s. 590.02, F.S.; revising
108 the Florida Forest Service powers, authority, and
109 duties; authorizing the Forest Service to manage the
110 Welaka Training Center; conforming provisions to
111 changes made by the act; authorizing the Withlacoochee
112 or Welaka Training Centers to assess certain fees as
113 determined by the Florida Forest Service, regardless
114 of where certain training occurs; creating s. 595.421,
115 F.S.; establishing the Farmers Feeding Florida Program
116 for specified purposes; requiring Feeding Florida to
117 take certain actions to implement the program;
118 prohibiting the food purchased by Feeding Florida
119 through such program from reentering the wholesale,
120 retail, or secondary market; prohibiting a candidate
121 for elective office from hosting a food distribution
122 event under certain circumstances; providing
123 nonapplicability; amending s. 597.004, F.S.; making a
124 technical change; prohibiting the Department of
125 Agriculture and Consumer Services from renewing a
126 certificate of registration for a noncompliant
127 facility unless certain documentation is provided with
128 the renewal application; prohibiting entities whose
129 certificate of registration has been revoked from
130 reapplying for a specified period of time; amending s.
131 597.010, F.S.; authorizing rather than requiring the
132 periodic adjustment of the annual rental fee charged
133 for certain leases; amending s. 599.012, F.S.; making
134 technical changes; amending s. 616.001, F.S.; revising
135 and deleting definitions relating to public fairs and
136 expositions; amending s. 616.01, F.S.; revising
137 application requirements for a proposed charter for an
138 association to conduct a public fair or exposition;
139 requiring the Department of Agriculture and Consumer
140 Services to provide an applicant for a proposed
141 charter with specified information upon the denial of
142 a proposed charter; revising requirements for
143 information that must be included in the proposed
144 charter; amending s. 616.02, F.S.; limiting the number
145 of incorporated state fair associations per county;
146 providing construction; authorizing the Department of
147 Agriculture and Consumer Services to waive certain
148 requirements at the discretion of the commissioner;
149 authorizing fair associations incorporated before a
150 certain date to conduct their affairs; deleting
151 provisions relating to requirements for a proposed
152 charter; amending s. 616.03, F.S.; revising
153 requirements for the approval and recordation of the
154 charter; amending s. 616.05, F.S.; revising the
155 process by which a proposed charter amendment is
156 incorporated into the original charter; amending s.
157 616.051, F.S.; revising the circumstances under which
158 a circuit judge is authorized to dissolve an
159 association and order the distribution of its
160 remaining assets; requiring that such assets be
161 distributed to certain counties; amending s. 616.07,
162 F.S.; deleting provisions relating to distribution of
163 public funds after the dissolution of an association;
164 amending s. 616.101, F.S.; specifying the basis for
165 annual public fair attendance records; requiring a
166 fair association to review its charter every 5 years
167 and submit an updated copy of the charter to the
168 Department of Agriculture and Consumer Services;
169 requiring a designated member of the association to
170 make an attestation; amending s. 616.15, F.S.; making
171 a technical change; revising the information that an
172 applicant must submit to the Department of Agriculture
173 and Consumer Services for the department to issue a
174 permit for an association to conduct a fair; revising
175 the timeframe within which the Department of
176 Agriculture and Consumer Services is required to issue
177 the permit upon the receipt of specified information;
178 making technical changes; amending s. 616.251, F.S.;
179 exempting the Florida State Fair Authority from
180 specified provisions; amending s. 843.085, F.S.;
181 prohibiting a person from wearing or displaying an
182 item that displays the words “concealed weapon permit”
183 or “concealed weapon permit holder” with the intent to
184 mislead another to believe that the person is
185 authorized to wear or display such item; reordering
186 and amending s. 865.065, F.S.; revising definitions;
187 conforming provisions to changes made by the act;
188 amending s. 934.02, F.S.; defining the term, “signal
189 jamming device”; creating s. 934.51, F.S.; prohibiting
190 the possession, manufacture, sale, importation,
191 distribution, or use of a signal jamming device;
192 providing exceptions; providing criminal penalties;
193 amending s. 288.1175, F.S.; conforming cross
194 references; reenacting ss. 287.056(4) and 287.138(5),
195 F.S., relating to disqualification for state term
196 contract eligibility, and contracting with entities of
197 foreign countries of concern prohibited, respectively,
198 to incorporate the amendment made to s. 287.1351,
199 F.S., in references thereto; reenacting s. 500.177(1),
200 F.S., relating to penalties for dissemination of a
201 false advertisement, to incorporate the amendment made
202 to s. 500.04, F.S., in a reference thereto; reenacting
203 s. 212.08(13), F.S., relating to taxation and
204 specified exemptions, to incorporate the amendment
205 made to s. 616.07, F.S., in a reference thereto;
206 reenacting s. 616.185, F.S., relating to trespass upon
207 grounds or facilities of a public fair, to incorporate
208 the amendment made to s. 616.15, F.S., in a reference
209 thereto; providing an effective date.
210
211 Be It Enacted by the Legislature of the State of Florida:
212
213 Section 1. Section 125.489, Florida Statutes, is created to
214 read:
215 125.489 Preemption of restrictions on gasoline-powered farm
216 equipment or gasoline-powered landscape equipment.—
217 (1) As used in this section, the term:
218 (a) “Gasoline-powered farm equipment” means any machine
219 powered by an internal combustion engine or motor that uses
220 gasoline, diesel, or a blend of gasoline and oil which is used
221 on a farm or used to transport farm products.
222 (b) “Gasoline-powered landscape equipment” means any
223 machine powered by an internal combustion engine or motor that
224 uses gasoline, diesel, or a blend of gasoline and oil which is
225 used to provide landscape management or maintenance or to move
226 leaves, dirt, grass, or other debris off of sidewalks,
227 driveways, lawns, or other surfaces.
228 (2) A county may not enact or enforce a resolution, an
229 ordinance, a rule, a code, or a policy or take any action that
230 restricts or prohibits the use of gasoline-powered farm
231 equipment or gasoline-powered landscape equipment and may not
232 create differing standards for such equipment or distinguish
233 such equipment from any electric or similar equipment in a
234 retail, manufacturer, or distributor setting.
235 (3) This section does not prohibit or limit a county from
236 encouraging the use of alternative farm or landscape equipment,
237 such as battery-powered farm or landscape equipment.
238 Section 2. Section 166.063, Florida Statutes, is created to
239 read:
240 166.063 Preemption of restrictions on gasoline-powered farm
241 equipment or gasoline-powered landscape equipment.—
242 (1) As used in this section, the term:
243 (a) “Gasoline-powered farm equipment” means a machine
244 powered by an internal combustion engine or motor that uses
245 gasoline, diesel, or a blend of gasoline and oil which is used
246 on a farm or used to transport farm products.
247 (b) “Gasoline-powered landscape equipment” means any
248 machine powered by an internal combustion engine or motor that
249 uses gasoline, diesel, or a blend of gasoline and oil which is
250 used to provide landscape management or maintenance or to move
251 leaves, dirt, grass, or other debris off of sidewalks,
252 driveways, lawns, or other surfaces.
253 (2) A municipality may not enact or enforce a resolution,
254 an ordinance, a rule, a code, or a policy or take any action
255 that restricts or prohibits the use of gasoline-powered farm
256 equipment or gasoline-powered landscape equipment and may not
257 create differing standards for such equipment or distinguish
258 such equipment from any electric or similar equipment in a
259 retail, manufacturer, or distributor setting.
260 (3) This section does not prohibit or limit a municipality
261 from encouraging the use of alternative farm or landscape
262 equipment, such as battery-powered farm or landscape equipment.
263 Section 3. Present subsection (19) of section 253.0341,
264 Florida Statutes, is redesignated as subsection (21), and new
265 subsections (19) and (20) are added to that section, to read:
266 253.0341 Surplus of state-owned lands.—
267 (19) The Acquisition and Restoration Council shall
268 determine whether any lands surplused by a local governmental
269 entity, as defined in s. 218.72, on or after January 1, 2024,
270 are suitable for bona fide agricultural purposes, as defined in
271 s. 193.461(3)(b). A local governmental entity may not transfer
272 future development rights for any surplused lands determined to
273 be suitable for bona fide agricultural purposes on or after
274 January 1, 2024.
275 (20) The Department of Environmental Protection, in
276 coordination with the Department of Agriculture and Consumer
277 Services, shall determine whether any state-owned conservation
278 lands acquired on or after January 1, 2024, are suitable for
279 bona fide agricultural purposes, as defined in s. 193.461(3)(b).
280 (a) Notwithstanding any other law or rule, the Department
281 of Environmental Protection may surplus state-owned conservation
282 lands acquired on or after January 1, 2024, determined to be
283 suitable for bona fide agricultural purposes.
284 (b) For all state-owned conservation lands determined to be
285 suitable for bona fide agricultural production and surplused by
286 the Department of Environmental Protection, the department shall
287 retain a rural-lands-protection easement pursuant to s.
288 570.71(3). All proceeds from the sale of such surplused lands
289 must be deposited into the Incidental Trust Fund within the
290 Department of Agriculture and Consumer Services for less than
291 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
292 (c) By January 1, 2027, and each January 1 thereafter, the
293 Department of Environmental Protection shall provide a report of
294 state-owned conversation lands surplused pursuant to this
295 subsection to the Board of Trustees of the Internal Improvement
296 Trust Fund.
297 (d) Designated state forest lands, state park lands, or
298 wildlife management areas may not be surplused pursuant to this
299 subsection.
300 Section 4. Section 259.1053, Florida Statutes, is amended
301 to read:
302 259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory
303 Group.—
304 (1) SHORT TITLE.—This section may be cited as the “Babcock
305 Ranch Preserve Act.”
306 (2) DEFINITIONS.—As used in this section, the term:
307 (a) “Babcock Ranch Preserve” and “preserve” mean the lands
308 and facilities acquired in the purchase of the Babcock Crescent
309 B Ranch, as provided in s. 259.1052.
310 (b) “Commission” means the Fish and Wildlife Conservation
311 Commission.
312 (c) “Commissioner” means the Commissioner of Agriculture.
313 (d) “Department” means the Department of Agriculture and
314 Consumer Services.
315 (e) “Executive director” means the Executive Director of
316 the Fish and Wildlife Conservation Commission.
317 (f) “Financially self-sustaining” means having management
318 and operation expenditures not more than the revenues collected
319 from fees and other receipts for resource use and development
320 and from interest and invested funds.
321 (g) “Florida Forest Service” means the Florida Forest
322 Service of the Department of Agriculture and Consumer Services.
323 (h) “Multiple use” means the management of all of the
324 renewable surface resources of the Babcock Ranch Preserve to
325 best meet the needs of the public, including the use of the land
326 for some or all of the renewable surface resources or related
327 services over areas large enough to allow for periodic
328 adjustments in use to conform to the changing needs and
329 conditions of the preserve while recognizing that a portion of
330 the land will be used for some of the renewable surface
331 resources available on that land. The goal of multiple use is
332 the harmonious and coordinated management of the renewable
333 surface resources without impairing the productivity of the land
334 and considering the relative value of the renewable surface
335 resources, and not necessarily a combination of uses to provide
336 the greatest monetary return or the greatest unit output.
337 (i) “Sustained yield of the renewable surface resources”
338 means the achievement and maintenance of a high level of annual
339 or regular periodic output of the various renewable surface
340 resources of the preserve without impairing the productivity of
341 the land.
342 (3) CREATION OF BABCOCK RANCH PRESERVE.—
343 (a) Upon the date of acquisition of the Babcock Crescent B
344 Ranch, there is created the Babcock Ranch Preserve, which shall
345 be managed in accordance with the purposes and requirements of
346 this section.
347 (b) The preserve is established to protect and preserve the
348 environmental, agricultural, scientific, scenic, geologic,
349 watershed, fish, wildlife, historic, cultural, and recreational
350 values of the preserve, and to provide for the multiple use and
351 sustained yield of the renewable surface resources within the
352 preserve consistent with this section.
353 (c) This section does not preclude the use of common
354 varieties of mineral materials such as sand, stone, and gravel
355 for construction and maintenance of roads and facilities within
356 the preserve.
357 (d) This section does not affect the constitutional
358 responsibilities of the commission in the exercise of its
359 regulatory and executive power with respect to wild animal life
360 and freshwater aquatic life, including the regulation of
361 hunting, fishing, and trapping within the preserve.
362 (e) This section does not interfere with or prevent the
363 implementation of agricultural practices authorized by the
364 agricultural land use designations established in the local
365 comprehensive plans of either Charlotte County or Lee County as
366 those plans apply to the Babcock Ranch Preserve.
367 (f) This section does not preclude the maintenance and use
368 of roads and trails or the relocation of roads in existence on
369 the effective date of this section, or the construction,
370 maintenance, and use of new trails, or any motorized access
371 necessary for the administration of the land contained within
372 the preserve, including motorized access necessary for
373 emergencies involving the health or safety of persons within the
374 preserve.
375 (4) BABCOCK RANCH ADVISORY GROUP.—
376 (a) The purpose of the Babcock Ranch Advisory Group is to
377 assist the department by providing guidance and advice
378 concerning the management and stewardship of the Babcock Ranch
379 Preserve.
380 (b) The Babcock Ranch Advisory Group shall be comprised of
381 nine members appointed to 5-year terms. Based on recommendations
382 from the Governor and Cabinet, the commission, and the governing
383 boards of Charlotte County and Lee County, the commissioner
384 shall appoint members as follows:
385 1. One member with experience in sustainable management of
386 forest lands for commodity purposes.
387 2. One member with experience in financial management,
388 budget and program analysis, and small business operations.
389 3. One member with experience in management of game and
390 nongame wildlife and fish populations, including hunting,
391 fishing, and other recreational activities.
392 4. One member with experience in domesticated livestock
393 management, production, and marketing, including range
394 management and livestock business management.
395 5. One member with experience in agriculture operations or
396 forestry management.
397 6. One member with experience in hunting, fishing, nongame
398 species management, or wildlife habitat management, restoration,
399 and conservation.
400 7. One member with experience in public outreach and
401 education.
402 8. One member who is a resident of Lee County, to be
403 designated by the Board of County Commissioners of Lee County.
404 9. One member who is a resident of Charlotte County, to be
405 designated by the Board of County Commissioners of Charlotte
406 County.
407
408 Vacancies will be filled in the same manner in which the
409 original appointment was made. A member appointed to fill a
410 vacancy shall serve for the remainder of that term.
411 (c) Members of the Babcock Ranch Advisory Group shall:
412 1. Elect a chair and vice chair from among the group
413 members.
414 2. Meet regularly as determined by the chair.
415 3. Serve without compensation but shall receive
416 reimbursement for travel and per diem expenses as provided in s.
417 112.061.
418 (4)(5) MANAGEMENT OF PRESERVE; FEES.—
419 (a) The department shall assume all authority provided by
420 this section to manage and operate the preserve as a working
421 ranch upon the termination or expiration of the management
422 agreement attached as Exhibit “E” to that certain agreement for
423 sale and purchase approved by the Board of Trustees of the
424 Internal Improvement Trust Fund on November 22, 2005, and by Lee
425 County on November 20, 2005.
426 (b) Upon assuming management and operation of the preserve,
427 the department shall:
428 1. Manage and operate the preserve and the uses thereof,
429 including, but not limited to, the activities necessary to
430 administer and operate the preserve as a working ranch; the
431 activities necessary for the preservation and development of the
432 land and renewable surface resources of the preserve; the
433 activities necessary for interpretation of the history of the
434 preserve on behalf of the public; the activities necessary for
435 the management, public use, and occupancy of facilities and
436 lands within the preserve; and the maintenance, rehabilitation,
437 repair, and improvement of property within the preserve.
438 2. Develop programs and activities relating to the
439 management of the preserve as a working ranch.
440 3. Establish procedures for entering into lease agreements
441 and other agreements for the use and occupancy of the facilities
442 of the preserve. The procedures shall ensure reasonable
443 competition and set guidelines for determining reasonable fees,
444 terms, and conditions for such agreements.
445 4. Assess reasonable fees for admission to, use of, and
446 occupancy of the preserve to offset costs of operating the
447 preserve as a working ranch. These fees are independent of fees
448 assessed by the commission for the privilege of hunting,
449 fishing, or pursuing outdoor recreational activities within the
450 preserve, and shall be deposited into the Incidental Trust Fund
451 of the Florida Forest Service, subject to appropriation by the
452 Legislature.
453 (c) The commission, in cooperation with the department,
454 shall:
455 1. Establish and implement public hunting and other fish
456 and wildlife management activities. Tier I and Tier II public
457 hunting opportunities shall be provided consistent with the
458 management plan and the recreation master plan. Tier I public
459 hunting shall provide hunting opportunities similar to those
460 offered on wildlife management areas with an emphasis on youth
461 and family-oriented hunts. Tier II public hunting shall be
462 provided specifically by fee-based permitting to ensure
463 compatibility with livestock grazing and other essential
464 agricultural operations on the preserve.
465 2. Establish and administer permit fees for Tier II public
466 hunting to capitalize on the value of hunting on portions of the
467 preserve and to help ensure the preserve is financially self
468 sufficient. The fees shall be deposited into the State Game
469 Trust Fund of the Fish and Wildlife Conservation Commission to
470 be used to offset the costs of providing public hunting and to
471 support fish and wildlife management and other land management
472 activities on the preserve.
473 (d) The Board of Trustees of the Internal Improvement Trust
474 Fund or its designated agent may:
475 1. Negotiate directly with and enter into such agreements,
476 leases, contracts, and other arrangements with any person, firm,
477 association, organization, corporation, or governmental entity,
478 including entities of federal, state, and local governments, as
479 are necessary and appropriate to carry out the purposes and
480 activities authorized by this section.
481 2. Grant privileges, leases, concessions, and permits for
482 the use of land for the accommodation of visitors to the
483 preserve, provided no natural curiosities or objects of interest
484 shall be granted, leased, or rented on such terms as shall deny
485 or interfere with free access to them by the public. Such
486 grants, leases, and permits may be made and given without
487 advertisement or securing competitive bids. Such grants, leases,
488 or permits may not be assigned or transferred by any grantee
489 without consent of the Board of Trustees of the Internal
490 Improvement Trust Fund or its designated agent.
491 (5)(6) DISSOLUTION OF BABCOCK RANCH, INC.—Upon dissolution
492 of the Babcock Ranch, Inc., all statutory powers, duties,
493 functions, records, personnel, property, and unexpended balances
494 of appropriations, allocations, and other funds of the
495 corporation shall be transferred to the Department of
496 Agriculture and Consumer Services unless otherwise provided by
497 law. Any cash balances of funds shall revert to the Incidental
498 Trust Fund of the Florida Forest Service.
499 Section 5. Paragraph (a) of subsection (2) of section
500 287.1351, Florida Statutes, is amended, and subsection (3) of
501 that section is republished, to read:
502 287.1351 Suspended vendors; state contracts.—
503 (2)(a) A vendor that is in default on any contract with an
504 agency, has failed to timely compensate its subcontractors or
505 suppliers, or has otherwise repeatedly demonstrated a recent
506 inability to fulfill the terms and conditions of previous state
507 contracts or to adequately perform its duties under those
508 contracts may not submit a bid, proposal, or reply to an agency
509 or enter into or renew a contract to provide any goods or
510 services to an agency after its placement, pursuant to this
511 section, on the suspended vendor list.
512 (3) An agency shall notify the department of any vendor
513 that has met the grounds for suspension described in paragraph
514 (2)(a). The agency must provide documentation to the department
515 evidencing the vendor’s default or other grounds for suspension.
516 The department shall review the documentation provided and
517 determine whether good cause exists to remove the vendor from
518 the vendor list and to place it on the suspended vendor list. If
519 good cause exists, the department must notify the vendor in
520 writing of its intent to remove the vendor from the vendor list
521 and of the vendor’s right to an administrative hearing and the
522 applicable procedures and time requirements for any such
523 hearing. If the vendor does not request an administrative
524 hearing, the department must enter a final order removing the
525 vendor from the vendor list. A vendor may not be removed from
526 the vendor list without receiving an individual notice of intent
527 from the department.
528 Section 6. Paragraph (c) is added to subsection (4) of
529 section 322.12, Florida Statutes, to read:
530 322.12 Examination of applicants.—
531 (4) The examination for an applicant for a commercial
532 driver license shall include a test of the applicant’s eyesight
533 given by a driver license examiner designated by the department
534 or by a licensed ophthalmologist, optometrist, or physician and
535 a test of the applicant’s hearing given by a driver license
536 examiner or a licensed physician. The examination shall also
537 include a test of the applicant’s ability to read and understand
538 highway signs regulating, warning, and directing traffic; his or
539 her knowledge of the traffic laws of this state pertaining to
540 the class of motor vehicle which he or she is applying to be
541 licensed to operate, including laws regulating driving under the
542 influence of alcohol or controlled substances, driving with an
543 unlawful blood-alcohol level, and driving while intoxicated; his
544 or her knowledge of the effects of alcohol and controlled
545 substances and the dangers of driving a motor vehicle after
546 having consumed alcohol or controlled substances; and his or her
547 knowledge of any special skills, requirements, or precautions
548 necessary for the safe operation of the class of vehicle which
549 he or she is applying to be licensed to operate. In addition,
550 the examination shall include an actual demonstration of the
551 applicant’s ability to exercise ordinary and reasonable control
552 in the safe operation of a motor vehicle or combination of
553 vehicles of the type covered by the license classification which
554 the applicant is seeking, including an examination of the
555 applicant’s ability to perform an inspection of his or her
556 vehicle.
557 (c) An applicant for a commercial driver license who
558 receives unauthorized assistance from another person in
559 completing the portion of the examination which tests the
560 applicant’s ability to read and understand highway signs
561 regulating, warning, and directing traffic or his or her
562 knowledge of the traffic laws of this state pertaining to the
563 class of motor vehicle for which he or she is applying to be
564 licensed to operate, including laws regulating driving under the
565 influence of alcohol or controlled substances, driving with an
566 unlawful blood-alcohol level, and driving while intoxicated,
567 commits a misdemeanor of the second degree, punishable as
568 provided in s. 775.082 or s. 775.083.
569 Section 7. Section 322.36, Florida Statutes, is amended to
570 read:
571 322.36 Permitting unauthorized operator to drive.—
572 (1) A person may not authorize or knowingly permit a motor
573 vehicle owned by him or her or under his or her dominion or
574 control to be operated upon any highway or public street except
575 by a person who is duly authorized to operate a motor vehicle
576 under this chapter.
577 (2) A person may not knowingly or willfully provide
578 unauthorized assistance to an applicant for the examination
579 required to hold a commercial driver license pursuant to s.
580 322.12(4).
581 (3) A Any person who violates this section commits a
582 misdemeanor of the second degree, punishable as provided in s.
583 775.082 or s. 775.083. If a person violates this section by
584 knowingly loaning a vehicle to a person whose driver license is
585 suspended and if that vehicle is involved in an accident
586 resulting in bodily injury or death, the driver license of the
587 person violating this section must shall be suspended for 1
588 year.
589 Section 8. Section 377.71, Florida Statutes, is repealed.
590 Section 9. Section 377.711, Florida Statutes, is repealed.
591 Section 10. Section 377.712, Florida Statutes, is repealed.
592 Section 11. Present paragraphs (a) and (b) of subsection
593 (3) of section 403.0855, Florida Statutes, are redesignated as
594 paragraphs (b) and (c), respectively, a new paragraph (a) is
595 added to that subsection, and subsections (2) and (4) of that
596 section are amended, to read:
597 403.0855 Biosolids management.—
598 (2) The department shall adopt rules for biosolids
599 management. Rules adopted by the department pursuant to this
600 section may not take effect until ratified by the Legislature.
601 (3) For a new land application site permit or a permit
602 renewal issued after July 1, 2020, the permittee of a biosolids
603 land application site shall:
604 (a) Ensure that only Class AA biosolids are applied to the
605 soil.
606 (4) All permits shall comply with the requirements of
607 subsection (3) by July 1, 2022.
608 Section 12. Subsections (20) and (21) are added to section
609 489.105, Florida Statutes, to read:
610 489.105 Definitions.—As used in this part:
611 (20) “Subcontractor” has the same meaning as in s. 558.002.
612 (21) “Supplier” has the same meaning as in s. 558.002.
613 Section 13. Section 489.1295, Florida Statutes, is created
614 to read:
615 489.1295 Theft of subcontractor or supplier services.—
616 (1) A person licensed as a contractor or who otherwise
617 holds himself or herself out to be a contractor may not
618 knowingly or willfully fail to compensate his or her
619 subcontractors or suppliers without reasonable cause within 15
620 business days after receiving payment for the services performed
621 by the subcontractor or supplier.
622 (2) A person licensed as a contractor or who otherwise
623 holds himself or herself out to be a contractor who violates
624 this section commits a misdemeanor of the first degree,
625 punishable as provided in s. 775.082 or s. 775.083.
626 (3) If a person licensed as a contractor or who otherwise
627 holds himself or herself out to be a contractor violates this
628 section and the services performed by the subcontractor or
629 supplier are valued at $20,000 or more, such person commits a
630 felony of the third degree, punishable as provided in s.
631 775.082, s. 775.083, or s. 775.084.
632 Section 14. Subsection (6) of section 500.04, Florida
633 Statutes, is amended to read:
634 500.04 Prohibited acts.—The following acts and the causing
635 thereof within the state are prohibited:
636 (6) The obstruction of or refusal to permit entry or
637 inspection, or to permit the taking of a sample, as authorized
638 by s. 500.147.
639 Section 15. Section 500.81, Florida Statutes, is repealed.
640 Section 16. Subsection (5) of section 500.93, Florida
641 Statutes, is amended to read:
642 500.93 Mislabeling of plant-based products as milk, meat,
643 or poultry.—
644 (5) The Department of Agriculture and Consumer Services
645 shall notify the Division of Law Revision upon the enactment
646 into law by any 11 of the group of 14 states composed of
647 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
648 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
649 Texas, Virginia, and West Virginia of the mandatory labeling
650 requirements pursuant to paragraphs (2)(a), (3)(a), and (4)(a)
651 subsections (2) and (3).
652 Section 17. Section 501.013, Florida Statutes, is amended
653 to read:
654 501.013 Health studios; exemptions.—
655 (1) The following businesses or activities may be declared
656 exempt from the provisions of ss. 501.012-501.019 upon the
657 filing of an affidavit with the department establishing that the
658 stated qualifications are met:
659 (a)(1) A bona fide nonprofit organization which has been
660 granted tax-exempt status by the Internal Revenue Service.
661 (b)(2) A gymnastics school which engages only in
662 instruction and training and in which exercise is only
663 incidental to such instruction and training.
664 (c)(3) A golf, tennis, or racquetball club in which sports
665 play is the only activity offered by the club. If the facility
666 offers the use of physical exercise equipment, this exemption
667 shall not apply.
668 (d)(4) A program or facility which is offered and used
669 solely for the purpose of dance, aerobic exercise, or martial
670 arts, and which utilizes no physical exercise equipment.
671 (e)(5) A country club that has as its primary function the
672 provision of a social life and recreational amenities to its
673 members, and for which a program of physical exercise is merely
674 incidental to membership. As used in this paragraph subsection,
675 the term “country club” means a facility that offers its members
676 a variety of services that may include, but need not be limited
677 to, social activities; dining, banquet, catering, and lounge
678 facilities; swimming; yachting; golf; tennis; card games such as
679 bridge and canasta; and special programs for members’ children.
680 Upon the filing of an affidavit with the department establishing
681 that the stated qualifications of this paragraph subsection were
682 met before July 1, 1997, this paragraph subsection will apply
683 retroactively to the date that the country club met these
684 qualifications.
685 (f)(6) A program or facility that is offered by an
686 organization for the exclusive use of its employees and their
687 family members.
688 (2) In addition to the businesses and activities listed in
689 subsection (1), the department may exempt any other business or
690 activity not in existence as of July 1, 2026, from ss. 501.012
691 501.019.
692 Section 18. Section 501.062, Florida Statutes, is created
693 to read:
694 501.062 Unauthorized commercial solicitation; legislative
695 intent; definitions; prohibited acts; penalties.—
696 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
697 to protect, preserve, and promote the safety, welfare, and peace
698 of the citizens of this state by adopting measures to reduce the
699 threat to private property rights, including the right to
700 exclude and to be free from trespass of unauthorized commercial
701 solicitation on private property when noticed by the property
702 owner. It is the intent of this section to protect such private
703 property rights by creating a uniform standard for notifying
704 individuals or groups of individuals that commercial
705 solicitation is prohibited on private property.
706 (2) DEFINITIONS.—As used in this section, the term:
707 (a) “Commercial solicitation” means the act of attempting
708 to sell goods or services, or to raise funds for a commercial
709 purpose, through direct or indirect contact with individuals,
710 including, but not limited to, using words, body gestures, or
711 signs, on behalf of a business or commercial entity.
712 (b) “Dwelling” has the same meaning as in s. 810.011(2).
713 (3) PROHIBITED ACTS.—A person may not engage in commercial
714 solicitation on any dwelling that clearly and prominently
715 displays a sign that is no less than 8.5 by 11 inches, is
716 visible to any person approaching the dwelling, and clearly
717 displays a statement which identifies the dwelling as private
718 property on which commercial solicitation is prohibited, in
719 substantially the following manner with letters at least 1 inch
720 in height:
721
722 THIS DWELLING IS DESIGNATED PRIVATE PROPERTY. NO
723 COMMERCIAL SOLICITATION IS PERMITTED PURSUANT TO
724 SECTION 501.062, FLORIDA STATUTES.
725
726 (4) PENALTIES.—A person who violates subsection (3) commits
727 a noncriminal violation, punishable as provided in s. 775.083. A
728 person who commits a second or subsequent violation commits a
729 misdemeanor of the second degree, punishable as provided in s.
730 775.082 or s. 775.083.
731 Section 19. Subsection (50) is added to section 570.07,
732 Florida Statutes, to read:
733 570.07 Department of Agriculture and Consumer Services;
734 functions, powers, and duties.—The department shall have and
735 exercise the following functions, powers, and duties:
736 (50) Notwithstanding s. 20.04(7), to reorganize
737 departmental units upon the approval of the commissioner.
738 Section 20. Paragraph (c) is added to subsection (3) of
739 section 570.822, Florida Statutes, to read:
740 570.822 Agriculture and Aquaculture Producers Emergency
741 Recovery Loan Program.—
742 (3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
743 applicant must:
744 (c) Be a United States citizen and a legal resident of this
745 state before or on the date of the declared emergency. If the
746 applicant is an entity as defined in s. 605.0102, the entity
747 must be wholly owned and operated in the United States and
748 possess an active certificate of status issued by the Department
749 of State pursuant to chapter 605.
750 Section 21. Section 570.832, Florida Statutes, is created
751 to read:
752 570.832 Florida Native Seed Research and Marketing
753 Program.—The Florida Wildflower Foundation, in coordination with
754 the department, shall, subject to appropriation, establish the
755 Florida Native Seed Research and Marketing Program to conduct
756 research designed to expand the availability and uses of native
757 seeds and strengthen the market position of this state’s native
758 seed industry through marketing campaigns and promotions in this
759 state and the nation.
760 Section 22. Section 570.846, Florida Statutes, is created
761 to read:
762 570.846 Food Animal Veterinary Medicine Loan Repayment
763 Program.—
764 (1) PURPOSE.—To encourage specialized and qualified
765 veterinary professionals to practice in this state, to retain
766 the employment of such professionals in this state, and to
767 promote the care and treatment of food animals intended for
768 human consumption, there is established the Florida Food Animal
769 Veterinary Medicine Loan Repayment Program. The purpose of the
770 program is to authorize the department to make payments that
771 offset loans incurred, for up to three new eligible candidates
772 annually, for studies leading to a veterinary degree with a
773 specialization in food animal veterinary medicine.
774 (2) DEFINITIONS.—As used in this section, the term:
775 (a) “Food animal” means a species of animal raised for the
776 human food supply. Food animal species include cattle, swine,
777 sheep, goat, poultry, aquaculture, and apiary species.
778 (b) “Food animal veterinarian” means a veterinarian working
779 in food animal veterinary medicine who focuses on the management
780 and health of food animals, and who spends a minimum of 20 hours
781 per week on food animal species care and treatment.
782 (c) “Food animal veterinary medicine” means veterinary
783 medical practice that encompasses medical care, disease
784 prevention, and consultation on feeding, housing, and overall
785 herd management of food animals to ensure a safe, healthy, and
786 sustainable food supply for the public.
787 (3) ELIGIBILITY.—To be eligible for the program, a
788 candidate must have graduated from an American Veterinary
789 Medical Association-accredited college of veterinary medicine,
790 have received a Florida veterinary medical license, have
791 obtained a Category II Accreditation from the United States
792 Department of Agriculture, and be a practicing food animal
793 veterinarian in this state.
794 (4) FUNDING.—Subject to legislative appropriation, the
795 department may make loan principal repayments of up to $25,000 a
796 year for up to 5 years on behalf of eligible candidates. All
797 repayments are contingent upon continued proof of employment in
798 this state as a practicing food animal veterinarian.
799 (5) DUPLICATION OF FINANCIAL ASSISTANCE.—An eligible
800 candidate receiving financial assistance from the federal
801 veterinary medicine loan repayment program as established in 7
802 U.S.C. part 3151a is ineligible to receive financial assistance
803 from the program under this section.
804 (6) RULEMAKING.—The department may adopt any rule necessary
805 for the administration of the program.
806 Section 23. Subsection (4) of section 583.01, Florida
807 Statutes, is amended to read:
808 583.01 Definitions.—For the purpose of this chapter, unless
809 elsewhere indicated, the term:
810 (4) “Dealer” means a person, firm, or corporation,
811 including a producer, processor, retailer, or wholesaler, that
812 sells, offers for sale, or holds for the purpose of sale in this
813 state 30 dozen or more eggs or its equivalent in any one week,
814 or more than 20,000 384 dressed birds annually in any one week.
815 Section 24. Section 590.02, Florida Statutes, is amended to
816 read:
817 590.02 Florida Forest Service; powers, authority, and
818 duties; liability; building structures; Withlacoochee and Welaka
819 Training Centers Center.—
820 (1) The Florida Forest Service has the following powers,
821 authority, and duties to:
822 (a) Enforce the provisions of this chapter;
823 (b) Prevent, detect, and suppress wildfires wherever they
824 may occur on public or private land in this state and do all
825 things necessary in the exercise of such powers, authority, and
826 duties;
827 (c) Provide firefighting crews, who shall be under the
828 control and direction of the Florida Forest Service and its
829 designated agents;
830 (d) Appoint center managers, forest area supervisors,
831 forestry program administrators, a forest protection bureau
832 chief, a forest protection assistant bureau chief, a field
833 operations bureau chief, deputy chiefs of field operations,
834 district managers, forest operations administrators, senior
835 forest rangers, investigators, forest rangers, firefighter
836 rotorcraft pilots, and other employees who may, at the Florida
837 Forest Service’s discretion, be certified as forestry
838 firefighters pursuant to s. 633.408(8). Other law
839 notwithstanding, center managers, district managers, forest
840 protection assistant bureau chief, and deputy chiefs of field
841 operations have Selected Exempt Service status in the state
842 personnel designation;
843 (e) Develop a training curriculum for wildland firefighters
844 which must contain a minimum of 40 hours of structural
845 firefighter training, a minimum of 40 hours of emergency medical
846 training, and a minimum of 376 hours of wildfire training;
847 (f) Pay the cost of the initial commercial driver license
848 examination fee, and renewal, for those employees whose position
849 requires them to operate equipment requiring a license. This
850 paragraph is intended to be an authorization to the department
851 to pay such costs, not an obligation;
852 (g) Provide fire management services and emergency response
853 assistance and set and charge reasonable fees for performance of
854 those services. Moneys collected from such fees shall be
855 deposited into the Incidental Trust Fund of the Florida Forest
856 Service;
857 (h) Require all state, regional, and local government
858 agencies operating aircraft in the vicinity of an ongoing
859 wildfire to operate in compliance with the applicable state
860 Wildfire Aviation Plan;
861 (i) Authorize broadcast burning, prescribed burning, pile
862 burning, and land clearing debris burning to carry out the
863 duties of this chapter and the rules adopted thereunder; and
864 (j) Make rules to accomplish the purposes of this chapter.
865 (2) The Florida Forest Service’s employees, and the
866 firefighting crews under their control and direction, may enter
867 upon any lands for the purpose of preventing, detecting, and
868 suppressing wildfires and investigating smoke complaints or open
869 burning not in compliance with authorization and to enforce the
870 provisions of this chapter.
871 (3) Employees of the Florida Forest Service and of federal,
872 state, and local agencies, and all other persons and entities
873 that are under contract or agreement with the Florida Forest
874 Service to assist in firefighting operations as well as those
875 entities, called upon by the Florida Forest Service to assist in
876 firefighting may, in the performance of their duties, set
877 counterfires, remove fences and other obstacles, dig trenches,
878 cut firelines, use water from public and private sources, and
879 carry on all other customary activities in the fighting of
880 wildfires without incurring liability to any person or entity.
881 The manner in which the Florida Forest Service monitors a
882 smoldering wildfire or smoldering prescribed fire or fights any
883 wildfire are planning level activities for which sovereign
884 immunity applies and is not waived.
885 (4)(a) The department may build structures, notwithstanding
886 chapters 216 and 255, not to exceed a cost of $50,000 per
887 structure from existing resources on forest lands, federal
888 excess property, and unneeded existing structures. These
889 structures must meet all applicable building codes.
890 (b) Notwithstanding s. 553.80(1), the department shall
891 exclusively enforce the Florida Building Code as it pertains to
892 wildfire, law enforcement, and other Florida Forest Service
893 facilities under the jurisdiction of the department.
894 (5) The Florida Forest Service shall organize its
895 operational units to most effectively prevent, detect, and
896 suppress wildfires, and to that end, may employ the necessary
897 personnel to manage its activities in each unit. The Florida
898 Forest Service may construct lookout towers, roads, bridges,
899 firelines, and other facilities and may purchase or fabricate
900 tools, supplies, and equipment for firefighting. The Florida
901 Forest Service may reimburse the public and private entities
902 that it engages to assist in the suppression of wildfires for
903 their personnel and equipment, including aircraft.
904 (6) The Florida Forest Service shall undertake
905 privatization alternatives for fire prevention activities
906 including constructing fire lines and conducting prescribed
907 burns and, where appropriate, entering into agreements or
908 contracts with the private sector to perform such activities.
909 (7) The Florida Forest Service may organize, staff, equip,
910 and operate the Withlacoochee and Welaka Training Centers
911 Center. The centers center shall serve as sites a site where
912 fire and forest resource managers can obtain current knowledge,
913 techniques, skills, and theory as they relate to their
914 respective disciplines, and the centers:.
915 (a) The center May establish cooperative efforts involving
916 federal, state, and local entities; hire appropriate personnel;
917 and engage others by contract or agreement with or without
918 compensation to assist in carrying out the training and
919 operations of the centers center.
920 (b) The center Shall provide wildfire suppression training
921 opportunities for rural fire departments, volunteer fire
922 departments, and other local fire response units.
923 (c) The center Shall focus on curriculum related to, but
924 not limited to, fuel reduction, an incident management system,
925 prescribed burning certification, multiple-use land management,
926 water quality, forest health, environmental education, and
927 wildfire suppression training for structural firefighters.
928 (d) The center May assess appropriate fees for food,
929 lodging, travel, course materials, and supplies in order to meet
930 its operational costs and may grant free meals, room, and
931 scholarships to persons and other entities as determined by the
932 Florida Forest Service, regardless of whether training occurs at
933 the Withlacoochee or Welaka Training Center or at another
934 location in exchange for instructional assistance.
935 (8)(a) The Cross City Work Center shall be named the L.
936 Earl Peterson Forestry Station. This is to honor Mr. L. Earl
937 Peterson, Florida’s sixth state forester, whose distinguished
938 career in state government has spanned 44 years, and who is a
939 native of Dixie County.
940 (b) The Madison Forestry Station shall be named the Harvey
941 Greene Sr. Forestry Station. This is to honor Mr. Harvey Greene
942 Sr., a World War I veteran and pioneer in forestry in Madison
943 County. In 1947, Mr. Harvey Greene Sr. offered to give the land
944 on which the forestry station is located to the state; however,
945 at that time, the state could not accept donations of land.
946 Instead, Mr. Harvey Greene Sr. sold the land to the state and,
947 with the proceeds of the sale, purchased forestry equipment to
948 be used by the citizens of Madison County to plant trees and
949 fight wildfires.
950 (9)(a) Notwithstanding ss. 273.055 and 287.16, the
951 department may retain, transfer, warehouse, bid, destroy, scrap,
952 or otherwise dispose of surplus equipment and vehicles that are
953 used for wildland firefighting.
954 (b) All money received from the disposition of state-owned
955 equipment and vehicles that are used for wildland firefighting
956 shall be retained by the department. Money received pursuant to
957 this section is appropriated for and may be disbursed for the
958 acquisition of exchange and surplus equipment used for wildland
959 firefighting, and for all necessary operating expenditures
960 related to such equipment, in the same fiscal year and the
961 fiscal year following the disposition. The department shall
962 maintain records of the accounts into which the money is
963 deposited.
964 (10)(a) Notwithstanding the provisions of s. 252.38, the
965 Florida Forest Service has exclusive authority to require and
966 issue authorizations for broadcast burning and agricultural and
967 silvicultural pile burning. An agency, commission, department,
968 county, municipality, or other political subdivision of the
969 state may not adopt or enforce laws, regulations, rules, or
970 policies pertaining to broadcast burning or agricultural and
971 silvicultural pile burning.
972 (b) The Florida Forest Service may delegate to a county,
973 municipality, or special district its authority:
974 1. As delegated by the Department of Environmental
975 Protection pursuant to ss. 403.061(29) and 403.081, to manage
976 and enforce regulations pertaining to the burning of yard trash
977 in accordance with s. 590.125(6).
978 2. To manage the open burning of land clearing debris in
979 accordance with s. 590.125.
980 Section 25. Section 595.421, Florida Statutes, is created
981 to read:
982 595.421 Farmers Feeding Florida Program.—There is
983 established the Farmers Feeding Florida Program to coordinate
984 with Feeding Florida, or its successor entity, for the
985 acquisition, transportation, and distribution of non-Emergency
986 Food Assistance Program fresh food products for the benefit of
987 residents who are food insecure due to a lack of local food
988 resources, accessibility, and affordability.
989 (1) In order to implement the program, Feeding Florida
990 shall:
991 (a) Enter into an agreement with the department to provide,
992 at a minimum, all of the following services:
993 1. Transportation of non-Emergency Food Assistance Program
994 fresh food products using owned vehicles or contracted
995 commercial vehicles.
996 2. Coordination of the purchase and pickup of food from the
997 purchase location and delivery to the distribution location.
998 (b) Submit monthly reports to the department, beginning
999 July 1, 2026, which include, at a minimum, all of the following:
1000 1. A detailed record of the amount of food purchased,
1001 measured per pound and itemized according to its commodity type.
1002 2. Food purchase locations.
1003 3. Food purchase dates.
1004 4. The date of delivery and locations to which the food was
1005 distributed.
1006 (c) Submit quarterly reports, beginning July 1, 2026, to
1007 the chairs of the legislative appropriations committees,
1008 including all of the following information:
1009 1. A detailed record of the amount of food distributed,
1010 measured per pound and itemized according to its commodity type.
1011 2. The distribution locations.
1012 3. An itemized list of the types of commodities
1013 distributed.
1014 (2) Foods purchased by Feeding Florida through the program
1015 are restricted to charitable purposes for hunger relief and may
1016 not reenter the wholesale, retail, or secondary market.
1017 (3) Feeding Florida may not, in implementing this section,
1018 allow a candidate for elective office to host a food
1019 distribution event during the period of time between the last
1020 day of the election qualifying period and the date of the
1021 election if the candidate is opposed for election or reelection
1022 at the time of the event. This subsection does not apply if the
1023 event is in response to a declared state of emergency.
1024 Section 26. Present paragraph (c) of subsection (7) of
1025 section 597.004, Florida Statutes, is redesignated as paragraph
1026 (d) and amended, a new paragraph (c) is added to that
1027 subsection, and paragraph (a) of subsection (2) of that section
1028 is amended, to read:
1029 597.004 Aquaculture certificate of registration.—
1030 (2) RULES.—
1031 (a) The department, in consultation with the Department of
1032 Environmental Protection, the water management districts,
1033 environmental groups, and representatives from the affected
1034 farming groups, shall adopt rules to:
1035 1. Specify the requirement of best management practices to
1036 be implemented by holders of aquaculture certificates of
1037 registration.
1038 2. Establish procedures for holders of aquaculture
1039 certificates of registration to submit the notice of intent to
1040 comply with best management practices.
1041 3. Establish schedules for implementation of best
1042 management practices, and of interim measures that can be taken
1043 prior to adoption of best management practices. Interim measures
1044 may include the continuation of regulatory requirements in
1045 effect on June 30, 1998.
1046 4. Establish a system to assure the implementation of best
1047 management practices, including recordkeeping requirements.
1048 5. Require any facility that cultures Micropterus salmoides
1049 floridanus to maintain stock acquisition documentation or
1050 records of genetic testing.
1051 (7) REGISTRATION AND RENEWALS.—
1052 (c) The department may not renew a certificate of
1053 registration for a facility that is not compliant with this
1054 section unless documentation of corrective action is provided
1055 with the renewal application.
1056 (d)(c) A Any person whose certificate of registration has
1057 been revoked or suspended must reapply to the department for
1058 certification. A person, a company, or an entity, or a principal
1059 of a company or an entity whose certificate of registration has
1060 been revoked, may not reapply for a period of 3 years.
1061 Section 27. Paragraph (a) of subsection (5) of section
1062 597.010, Florida Statutes, is amended to read:
1063 597.010 Shellfish regulation; leases.—
1064 (5) LEASES IN PERPETUITY; RENT.—
1065 (a) All leases issued previously under the provisions of s.
1066 379.2525 shall be enforced under the authority of this chapter,
1067 notwithstanding any other law to the contrary, and shall
1068 continue in perpetuity under such restrictions as stated in the
1069 lease agreement. The annual rental fee charged for all leases
1070 shall consist of the minimum rate of $15 per acre, or any
1071 fraction of an acre, per year and may shall be adjusted on
1072 January 1, 1995, and every 5 years thereafter, based on the 5
1073 year average change in the Consumer Price Index. Rent must shall
1074 be paid in advance of January 1 of each year or, in the case of
1075 a new lease, at the time of signing, regardless of who holds the
1076 lease.
1077 Section 28. Paragraphs (b) and (c) of subsection (1) of
1078 section 599.012, Florida Statutes, are amended to read:
1079 599.012 Florida Wine Trust Fund; creation.—
1080 (1) There is established the Florida Wine Trust Fund within
1081 the Department of Agriculture and Consumer Services. The
1082 department shall use the moneys deposited in the trust fund
1083 pursuant to subsection (2) to do all the following:
1084 (b) Promote wine viticulture products manufactured from
1085 products grown in the state.
1086 (c) Provide grants for wine and viticultural research.
1087 Section 29. Section 616.001, Florida Statutes, is amended
1088 to read:
1089 616.001 Definitions.—As used in this chapter, the term:
1090 (1) “Annual public fair” means a community, county,
1091 district, regional, or state fair that is held and conducted by
1092 a fair association and permitted by the department pursuant to
1093 s. 616.15.
1094 (2) “Authority” means the Florida State Fair Authority.
1095 (3) “Community fair” means an annual public fair that
1096 serves an area of less than an entire county, has exhibits that
1097 are in accordance with s. 616.17, and gives premiums or awards
1098 to exhibitors. Agricultural products shall be produced in the
1099 community the exhibit represents. The majority of the board of
1100 directors of the fair shall reside, be employed, or operate a
1101 business in the community the fair represents.
1102 (4) “Concession” means use by a fair association, or a
1103 grant, lease, or license to a third party, of a portion of the
1104 land under the ownership, custody, or control of a fair
1105 association for specific uses, or the right to enter upon the
1106 land for specific purposes, such as providing rides, games,
1107 food, beverage, merchandise for sale, exhibits, projects,
1108 activities, events, programs, or other uses authorized in this
1109 chapter.
1110 (5) “County fair” means an annual public fair that serves
1111 an entire county and provides exhibitors with premiums or awards
1112 for exhibits that are in accordance with s. 616.17. Agricultural
1113 products must be typical of those produced in the county the
1114 exhibit represents. The majority of the board of directors of
1115 the fair shall reside, be employed, or operate a business in the
1116 county that the fair association represents.
1117 (4)(6) “Department” means the Department of Agriculture and
1118 Consumer Services.
1119 (7) “District fair” means an annual public fair that serves
1120 at least five counties and has exhibits that meet the
1121 requirements of s. 616.17. A district fair shall pay at least
1122 $25,000 in cash premiums or awards to exhibitors. Agricultural
1123 products must be typical of those produced in the counties the
1124 exhibit represents. Livestock may originate from outside the
1125 district, but must be registered in the exhibitor’s name at
1126 least 30 days before the opening day of the fair. Each county is
1127 encouraged to have proportionate exhibits, typical of its
1128 respective natural resources. Each county shall have exhibits
1129 representing basic resources in agriculture and industry.
1130 (5)(8) “Entry” means one item entered for competition or
1131 show. An entry may constitute an exhibit, depending upon the
1132 regulations stated in the premium book.
1133 (6)(9) “Exhibit” means one or more entries entered for
1134 exhibition and constituting a unit. An exhibit may consist of
1135 one or more entries, depending upon the regulations stated in
1136 the premium book. The term includes parades and displays of
1137 articles or a collection of articles, whether static,
1138 interactive, or dynamic, by a fair association or a third party
1139 contracting with a fair association, such as exhibits of
1140 animals, art, housewares, or motor vehicles.
1141 (7)(10) “Exhibitor” means an individual, a group of
1142 individuals, or a business, including a fair association or
1143 third party contracting with a fair association, which has an
1144 exhibit.
1145 (8)(11) “Fair association” or “association” means an
1146 association not for profit incorporated under this chapter for
1147 the purpose of conducting and operating public fairs or
1148 expositions.
1149 (9)(12) “Public fair or exposition” means a project,
1150 activity, event, or program, and use by a fair association,
1151 including, but not limited to, the annual public fair, which
1152 serves the purposes specified in s. 616.08 and benefits and
1153 develops the educational, agricultural, horticultural,
1154 livestock, charitable, historical, civic, cultural, scientific,
1155 and other resources of this state, or any county, municipality,
1156 or other community in this state.
1157 (13) “Regional fair” or “interstate fair” means an annual
1158 public fair of this state and other states in which fair
1159 exhibits meet the requirements of s. 616.17. Agricultural
1160 products must be typical of those produced in the area the
1161 exhibit represents.
1162 (10)(14) “Specialized show” means a show or an exhibition
1163 exhibiting and emphasizing livestock or poultry, or a fruit or
1164 vegetable festival, and must meet the minimum exhibit
1165 requirements specified in s. 616.17. A specialized show may
1166 qualify under one of the definitions in subsections (3), (5),
1167 (7), and (15).
1168 (11)(15) “State fair” means an annual public fair that
1169 serves the entire state. Exhibits must comply with s. 616.17,
1170 and cash premiums or awards may be given to exhibitors.
1171 Section 30. Section 616.01, Florida Statutes, is amended to
1172 read:
1173 616.01 Requirements for Number of persons required;
1174 requisites of proposed charter.—Twenty-five or more persons who
1175 are Residents and qualified electors of the county in which the
1176 annual public fair is to be located, who wish to form an
1177 association not for profit for the purpose of conducting and
1178 operating public fairs or expositions, may become incorporated
1179 in the following manner. The applicant must subscribers shall
1180 submit the proposed charter to the department for review and
1181 approval or denial. If the proposed charter is denied, the
1182 department must provide the applicant with a letter sent to the
1183 mailing address provided on the proposed charter and include a
1184 complete listing of all deficiencies, if any, which must be
1185 remedied before resubmittal of the proposed charter for
1186 approval. If the proposed charter is approved, the applicant
1187 must subscribers shall sign and present a notarized copy of the
1188 proposed charter to the judge of the circuit court for the
1189 county in which the principal office of the association will be
1190 located. The proposed charter must specify:
1191 (1) The name of the association and the place where the
1192 principal office is to be located. The name of the association
1193 must shall include the word, “Inc.”
1194 (2) The general nature of the objectives and powers of the
1195 association, including a provision that the association is
1196 incorporated for the sole purpose of conducting and operating
1197 public fairs or expositions.
1198 (3) The qualifications and terms of association members and
1199 criteria for their admission and expulsion. Provision must may
1200 be made in the charter for ex officio membership.
1201 (4) The time for which the association is to exist.
1202 (5) The name and residence of each subscriber.
1203 (6) Procedures for the election of and governance by
1204 officers, who may be elected or appointed.
1205 (7) The designation of officers who will manage the affairs
1206 of the association until the first election or appointment under
1207 the charter.
1208 (8) Procedures for the adoption, amendment, or rescission
1209 of bylaws of the association.
1210 (9) The highest amount of indebtedness or liability that
1211 may be accrued by the association.
1212 (10) The name of an elected member of the board of county
1213 commissioners of the county in which the principal office of the
1214 association will be located, who will serve as an ex officio
1215 member of the board of directors of the association.
1216 (11) The official e-mail address of the association which
1217 will be used for the purpose of official communication between
1218 the association and governmental entities.
1219 (12) The language for the oath that will be taken by the
1220 applicant, which must include, but is not limited to, all of the
1221 following:
1222 (a) That the primary objective of the association is for
1223 public service and to hold, conduct, and promote public fairs or
1224 expositions.
1225 (b) That money and other available assets in value
1226 exceeding $5,000 have been provided for purposes designated by
1227 the association.
1228 (c) That the association will operate in good faith to
1229 carry out the purposes and objectives set forth in the charter.
1230 Section 31. Section 616.02, Florida Statutes, is amended to
1231 read:
1232 616.02 Fair associations per county Acknowledgment of
1233 charter.—
1234 (1) Beginning July 1, 2026, there may be only one
1235 incorporated fair association per county in this state,
1236 excluding the state fair, which may be incorporated and
1237 conducted in any county. The department may not approve a
1238 proposed charter incorporating a fair association within the
1239 same county in which a fair association currently exists. The
1240 department may waive this requirement at the discretion of the
1241 Commissioner of Agriculture.
1242 (2) Any fair association incorporated before July 1, 2026,
1243 may conduct public fairs or expositions and exercise the
1244 authority provided to them pursuant to this chapter The proposed
1245 charter of a fair association shall be acknowledged by at least
1246 three of its subscribers before an officer authorized to make
1247 acknowledgment of deeds. Subscribers shall also make and take an
1248 oath, which must be attached to the proposed charter, stating
1249 that the primary objective of the association is public service
1250 and holding, conducting, and promoting public fairs or
1251 expositions; that money and other available assets in value
1252 exceeding $5,000 have been provided for the purposes of the
1253 association; and that the association will operate in good faith
1254 to carry out the purposes and objectives set forth in its
1255 charter.
1256 Section 32. Section 616.03, Florida Statutes, is amended to
1257 read:
1258 616.03 Notice of application; Approval and record of
1259 charter.—Upon approval by the department, A notice of intention
1260 to apply to the circuit court for the charter of a fair
1261 association must specify the date that application will be made,
1262 shall be sent to the department for approval, and shall be
1263 published in a newspaper in the county where the principal
1264 office of the association will be located once each week for 4
1265 consecutive weeks. The notice must briefly summarize the charter
1266 and objectives of the proposed association. the proposed charter
1267 must shall be submitted to and approved by the board of county
1268 commissioners of the county in which the principal office of the
1269 association will be located. After approval by the department
1270 and the board of county commissioners, the proposed charter and
1271 proof of approval must and publication shall be submitted to the
1272 circuit judge on the date specified in the notice. If no cause
1273 is shown to the contrary and the judge finds that the proposed
1274 charter is in proper form and will serve the primary objective
1275 of public service, the judge must shall approve the charter and
1276 issue an order incorporating the applicant subscribers under the
1277 charter for the objectives and purposes specified in the
1278 charter. The charter and order of incorporation must shall be
1279 recorded in the office of the clerk of the circuit court in the
1280 county where the principal office of the association will be
1281 located and provided to the department. After the order is
1282 recorded, the applicant subscribers and any their associates are
1283 incorporated with the objectives and powers established in the
1284 charter and under the name given in the charter. During the
1285 publication period, the proposed charter shall be on file in the
1286 office of the clerk of the circuit court. This section does not
1287 preclude a fair association from also filing its duly approved
1288 charter with the Department of State pursuant to chapter 617 for
1289 notice purposes.
1290 Section 33. Subsection (2) of section 616.05, Florida
1291 Statutes, is amended to read:
1292 616.05 Amendment of charter.—A fair association may propose
1293 an amendment to its charter by resolution as provided in its
1294 charter or bylaws.
1295 (2) After the department approves the proposed amendment,
1296 it will be incorporated into the original charter upon:
1297 (a) Publication of notice in the same manner as provided in
1298 s. 616.03;
1299 (b) Filing the order of the circuit judge approving the
1300 amendment with the office of the clerk of the circuit court and
1301 the department; and
1302 (b)(c) Being recorded in the clerk’s office.
1303
1304 If a fair association has filed its charter with the Department
1305 of State pursuant to chapter 617, a copy of any amendment to the
1306 charter must be filed with the Department of State for notice
1307 purposes.
1308 Section 34. Section 616.051, Florida Statutes, is amended
1309 to read:
1310 616.051 Dissolving a charter.—
1311 (1) A fair association may dissolve its charter by
1312 resolution as provided in its charter or bylaws. The proposal
1313 for dissolving the charter shall be submitted to the department
1314 for approval.
1315 (2) Upon approval by the department and upon presentation
1316 of sufficient evidence demonstrating and publication of notice
1317 and proof that all indebtedness has been paid and no claims are
1318 outstanding against the association, the circuit judge may, by
1319 decree, dissolve the association and order the distribution of
1320 its remaining assets. Such assets must be distributed, by
1321 resolution of the board of directors, to the county in which the
1322 principal office of the association is located unless otherwise
1323 specified by the deed of the property held by the association
1324 its remaining public funds to be distributed as recommended by
1325 the board of directors.
1326 Section 35. Subsection (3) of section 616.07, Florida
1327 Statutes, is amended, and subsections (1) and (2) of that
1328 section are republished, to read:
1329 616.07 Members not personally liable; property of
1330 association held in trust; exempt from taxation.—
1331 (1) A member, officer, director, or trustee of a fair
1332 association is not personally liable for any of the debts of the
1333 association, and money or property of a fair association may not
1334 be distributed as profits or dividends among its members,
1335 officers, directors, or trustees.
1336 (2) All money and property of the association, except that
1337 necessary for the payment of its just debts and liabilities, are
1338 public property, shall be administered by the association as
1339 trustee, and shall be used exclusively for the legitimate
1340 purpose of the association. So long as they are used for that
1341 purpose, all money and property of the association are exempt
1342 from all forms of taxation, including special assessments, and
1343 any projects, activities, events, programs, and uses authorized
1344 by this part serve an essential governmental purpose and,
1345 therefore, are not taxable and are not subject to assessments.
1346 This subsection does not apply to chapter 212.
1347 (3) Upon order of the circuit judge, any public funds or
1348 property remaining in a fair association when the association is
1349 dissolved shall be distributed by resolution of the board of
1350 directors to any county or any municipality within the county.
1351 The board may designate in the distribution resolution the
1352 public project that will benefit from the funds or the manner in
1353 which the property will be used. If property has been
1354 contributed by a municipality or county, the property shall be
1355 reconveyed to the municipality or county that gave the property
1356 to the association.
1357 Section 36. Section 616.101, Florida Statutes, is amended
1358 to read:
1359 616.101 Annual review of accounts and records; review of
1360 charter.—
1361 (1) The accounts and records of a every fair association
1362 whose annual public fair has an annual attendance of more than
1363 25,000, based upon recorded attendance from the previous year,
1364 must shall be reviewed annually by a qualified accountant
1365 licensed by the state. A fair association whose annual public
1366 fair has an annual attendance of 25,000 or fewer, based upon
1367 recorded attendance from the previous year, or a fair
1368 association that is holding an annual public fair for the first
1369 time, must submit an annual financial statement that has been
1370 signed by an officer of the county. The results of the reviews
1371 must shall be kept in the official records of each association,
1372 available to all directors of the association. A certified copy
1373 of the review must shall be filed with the department:
1374 (a)(1) On request by the department to certify expenditures
1375 of the premiums awarded to exhibitors of a fair or of building
1376 funds if when there is evidence of a violation of state laws; or
1377 (b)(2) When the association is applying for a fair permit.
1378 (2) A fair association shall, every 5 years beginning July
1379 1, 2026, review its charter and submit to the department a
1380 certified copy of the charter which incorporates any amendment
1381 made during the last 5 years. A designated member of the
1382 association shall attest that the charter is accurate and
1383 factual when submitting the certified copy to the department.
1384 Section 37. Section 616.15, Florida Statutes, is amended to
1385 read:
1386 616.15 Permit from Department of Agriculture and Consumer
1387 Services required.—
1388 (1) An annual public fair may not be conducted by a fair
1389 association without a permit issued by the department. The
1390 association shall present to the department an application for a
1391 permit, signed by an officer of the association, at least 90
1392 calendar days 3 months before holding the annual public fair.
1393 The application must shall be accompanied by a fee in an amount
1394 to be determined by the department for processing the
1395 application and making any required investigation. The
1396 application fee must be at least $183 and may not exceed $366.
1397 Fees collected under this subsection shall be deposited in the
1398 General Inspection Trust Fund of the State Treasury in a special
1399 account to be known as the “Agricultural and Livestock Fair
1400 Account.” A copy of the application must be sent to each fair
1401 association located within 50 miles of the site of the proposed
1402 annual public fair at the same time the application is sent to
1403 the department. The department may issue a permit if the
1404 applicant provides:
1405 (a) The opening and closing dates of the proposed annual
1406 public fair.
1407 (b) The name and address of the owner of the central
1408 amusement attraction that will operate during the annual public
1409 fair.
1410 (c) An affidavit properly executed by the president or
1411 chief executive officer of the applicant association certifying
1412 the existence of a binding contract entered into by the
1413 association and the owner of the central amusement attraction
1414 covering the period for which the permit from the department is
1415 applied. The contract between the parties must shall be
1416 available for inspection by duly authorized agents of the
1417 department in administering this chapter.
1418 (d) A copy of the association’s charter which incorporates
1419 all amendments made A written statement that the main purpose of
1420 the association is to conduct and operate a public fair and
1421 exposition, including the annual fair, for the benefit and
1422 development of the educational, agricultural, horticultural,
1423 livestock, charitable, historical, civic, cultural, scientific,
1424 and other resources of the geographical area the fair
1425 association represents and serves. The statement must be
1426 subscribed and acknowledged by an officer of the association
1427 before an officer authorized to take acknowledgments.
1428 (e) A premium list of the current annual public fair to be
1429 conducted and or a copy of the previous year’s premium list
1430 showing all premiums and awards to be offered to exhibitors in
1431 various departments of the annual public fair, which may
1432 include, but are not limited to, art exhibition, beef cattle,
1433 county exhibits, dairy cattle, horticulture, swine, women’s
1434 department, 4-H Club activities, Future Farmers of America
1435 activities, Future Homemakers of America activities, poultry and
1436 egg exhibits, and community exhibits. The premium list, which
1437 may be submitted separately from the application, must be
1438 submitted at least 60 calendar days before the annual public
1439 fair begins operation.
1440 (f) A complete listing of all exhibits required pursuant to
1441 s. 616.17 Proof of liability insurance insuring the association
1442 against liability for injury to persons, in an amount of not
1443 less than $300,000 per occurrence.
1444 (g) A copy of the most recent review.
1445 (h) A list of all current members of the board of directors
1446 of the association and their contact information, including home
1447 address.
1448
1449 The department shall issue the permit within 10 calendar days
1450 after it receives all the information required by this
1451 subsection and the applicant qualifies pursuant to this section.
1452 (2) At least 21 calendar days before holding the annual
1453 public fair, the association shall present the department with
1454 all of the following information:
1455 (a) Proof of liability insurance insuring the association
1456 against liability for injury to persons, in an amount not less
1457 than $300,000 per occurrence.
1458 (b) A copy of the association’s most recent annual
1459 financial statement pursuant to s. 616.101.
1460 (c) A list of all current members of the board of directors
1461 of the association and their contact information, including home
1462 addresses.
1463 (3)(2) The department shall administer and enforce the
1464 provisions of this chapter except as to the regulation of games,
1465 which shall be regulated by local law enforcement agencies. The
1466 department shall adopt rules to administer this chapter,
1467 including rules governing the form and contents of the
1468 application for the permit and any reports that it deems may
1469 deem necessary in enforcing the provisions of this chapter.
1470 (4)(3) Notwithstanding any fair association meeting the
1471 requirements set forth in subsection (1), the department may
1472 order a full investigation to determine if the fair association
1473 meets the requirements of this part s. 616.01, and may withhold
1474 a permit from, deny a permit to, or withdraw a permit once
1475 issued to the association. The department shall also consider
1476 whether any proposed annual public fair, as set forth in an
1477 application for a permit, will compete with another annual
1478 public fair within 50 miles of the proposed annual public fair
1479 with respect to name, dates of operation, or market. The
1480 department may deny, withhold, or withdraw a permit from a fair
1481 association if the department determines that such fair
1482 association will compete with another association. The
1483 department shall give preference to existing fair associations
1484 with established dates, locations, and names. The determination
1485 by the department is final.
1486 Section 38. Section 616.251, Florida Statutes, is amended
1487 to read:
1488 616.251 Florida State Fair Authority; creation;
1489 responsibility for staging annual state fair; exemptions.—
1490 (1) There is created and constituted the “Florida State
1491 Fair Authority,” a public body corporate and politic, for the
1492 purposes and with the powers set forth in this part. Such
1493 instrumentality, hereinafter referred to as “the authority,”
1494 shall have perpetual succession. For the purposes of
1495 implementing the intent of this part, the authority shall be
1496 considered an instrumentality of the state, subject to the
1497 jurisdiction of the state. Any conflict with respect to that
1498 jurisdiction will be resolved by the authority and respective
1499 state agencies.
1500 (2) The authority shall operate under the supervision of
1501 the Commissioner of Agriculture, which supervision may include,
1502 but is not limited to, assisting, advising, and making
1503 recommendations regarding the financing and operation of the
1504 authority. In assisting and advising the authority, the
1505 Commissioner of Agriculture may make appropriate staff of the
1506 department available to the authority.
1507 (3) The authority is charged with the responsibility of
1508 staging an annual fair to serve the entire state. Cash premiums
1509 or awards may be given to exhibitors.
1510 (4) The authority shall be exempt from part I of this
1511 chapter.
1512 (5)(4) The principal offices of the authority shall be in
1513 such place or places in or near the City of Tampa as the
1514 authority may from time to time designate.
1515 Section 39. Subsection (1) of section 843.085, Florida
1516 Statutes, is amended, and subsection (5) of that section is
1517 republished, to read:
1518 843.085 Unlawful use of badges or other indicia of
1519 authority.—
1520 (1) It is unlawful for any person, unless appointed by the
1521 Governor pursuant to chapter 354, authorized by the appropriate
1522 agency, or displayed in a closed or mounted case as a collection
1523 or exhibit, to wear or display any authorized indicia of
1524 authority, including any badge, insignia, emblem, identification
1525 card, or uniform, or any colorable imitation thereof, of any
1526 federal, state, county, or municipal law enforcement agency, or
1527 other criminal justice agency as defined in s. 943.045, with the
1528 intent to mislead or cause another person to believe that he or
1529 she is a member of that agency or is authorized to display or
1530 wear such item, or to wear or display any item that displays in
1531 any manner or combination the word or words “police,”
1532 “patrolman,” “patrolwoman,” “agent,” “sheriff,” “deputy,”
1533 “trooper,” “highway patrol,” “commission officer,” “Wildlife
1534 Officer,” “Department of Environmental Protection officer,”
1535 “Marine Patrol Officer,” “state attorney,” “public defender,”
1536 “marshal,” “constable,” “bailiff,” or “fire department,”
1537 “concealed weapon permit,” or “concealed weapon permitholder”
1538 with the intent to mislead or cause another person to believe
1539 that he or she is a member of that agency, if applicable, or is
1540 authorized to wear or display such item.
1541 (5) A violation of this section is a misdemeanor of the
1542 first degree, punishable as provided in s. 775.082 or s.
1543 775.083. This section is cumulative to any law now in force in
1544 the state.
1545 Section 40. Section 865.065, Florida Statutes, is reordered
1546 and amended to read:
1547 865.065 Disparagement of perishable agricultural food
1548 products; cause of action; limitation.—
1549 (1) The Legislature finds, determines, and declares that
1550 the production of agricultural food products constitutes an
1551 important and significant portion of the state economy and that
1552 it is imperative to protect the vitality of the agricultural
1553 economy for the citizens of this state by providing a cause of
1554 action for agricultural producers to recover damages for the
1555 disparagement of any perishable agricultural product.
1556 (2) For purposes of this section, the term:
1557 (b)(a) “Disparagement” means the willful or malicious
1558 dissemination to the public in any manner of any false
1559 information that an a perishable agricultural food product is
1560 not safe for human consumption. False information is that
1561 information which is not based on reliable, scientific facts and
1562 reliable, scientific data which the disseminator knows or should
1563 have known to be false.
1564 (a)(b) “Perishable Agricultural food product” means any
1565 agricultural or aquacultural food product or commodity grown or
1566 produced within this the state for a commercial purpose. The
1567 term also includes any agricultural practices used in the
1568 production of such products of Florida which is sold or
1569 distributed in a form that will perish or decay within a
1570 reasonable period of time.
1571 (c) “Producer” means the person who actually grows or
1572 produces perishable agricultural food products.
1573 (3) Any producer or any association representing producers
1574 of perishable agricultural food products which suffers damages
1575 as a result of another person’s disparagement of any such
1576 perishable agricultural food product may bring an action for
1577 damages and for any other relief a court of competent
1578 jurisdiction deems appropriate, including, but not limited to,
1579 compensatory and punitive damages, reasonable attorney fees, and
1580 costs of the action.
1581 (4) The statute of limitations for disparagement of
1582 perishable agricultural food products is 2 years from the date
1583 the disparagement occurs.
1584 Section 41. Subsection (27) is added to section 934.02,
1585 Florida Statutes, to read:
1586 934.02 Definitions.—As used in this chapter:
1587 (27) “Signal jamming device” means a device or process,
1588 such as a phone jammer, global positioning systems blocker, or
1589 other similar device designed to intentionally block, jam, or
1590 interfere with radio communications, such as cellular and
1591 personal communication services, police radar, or global
1592 positioning systems.
1593 Section 42. Section 934.51, Florida Statutes, is created to
1594 read:
1595 934.51 Possession, use, and sale of signal jamming device;
1596 prohibition; exceptions; penalties.—
1597 (1) PROHIBITION.—It is unlawful to possess, manufacture,
1598 hold or offer for sale, sell, import, distribute, or use a
1599 signal jamming device in this state.
1600 (2) EXCEPTIONS.—This section does not apply to a federal or
1601 military law enforcement agency that lawfully installs, places,
1602 or uses a signal jamming device as part of a criminal
1603 investigation, or to any person duly authorized by the Federal
1604 Communications Commission.
1605 (3) PENALTIES.—A person who violates this section commits a
1606 misdemeanor of the first degree, punishable as provided in s.
1607 775.082 or s. 775.083.
1608 Section 43. Paragraph (a) of subsection (4) and subsection
1609 (6) of section 288.1175, Florida Statutes, are amended to read:
1610 288.1175 Agriculture education and promotion facility.—
1611 (4) The Department of Agriculture and Consumer Services
1612 shall certify a facility as an agriculture education and
1613 promotion facility if the Department of Agriculture and Consumer
1614 Services determines that:
1615 (a) The applicant is a unit of local government as defined
1616 in s. 218.369, or a fair association as defined in s. 616.001(8)
1617 s. 616.001(11), which is responsible for the planning, design,
1618 permitting, construction, renovation, management, and operation
1619 of the agriculture education and promotion facility or holds
1620 title to the property on which such facility is to be developed
1621 and located.
1622 (6) Funds may not be expended to develop or subsidize
1623 privately owned facilities, except for facilities owned by fair
1624 associations as defined in s. 616.001(8) s. 616.001(11).
1625 Section 44. For the purpose of incorporating the amendment
1626 made by this act to section 287.1351, Florida Statutes, in a
1627 reference thereto, subsection (4) of section 287.056, Florida
1628 Statutes, is reenacted to read:
1629 287.056 Purchases from purchasing agreements and state term
1630 contracts; vendor disqualification.—
1631 (4) A firm or individual placed on the suspended vendor
1632 list pursuant to s. 287.1351 or placed on a disqualified vendor
1633 list pursuant to s. 287.133 or s. 287.134 is immediately
1634 disqualified from state term contract eligibility.
1635 Section 45. For the purpose of incorporating the amendment
1636 made by this act to section 287.1351, Florida Statutes, in a
1637 reference thereto, subsection (5) of section 287.138, Florida
1638 Statutes, is reenacted to read:
1639 287.138 Contracting with entities of foreign countries of
1640 concern prohibited.—
1641 (5) The Attorney General may bring a civil action in any
1642 court of competent jurisdiction against an entity that violates
1643 this section. Violations of this section may result in:
1644 (a) A civil penalty equal to twice the amount of the
1645 contract for which the entity submitted a bid or proposal for,
1646 replied to, or entered into;
1647 (b) Ineligibility to enter into, renew, or extend any
1648 contract, including any grant agreements, with any governmental
1649 entity for up to 5 years;
1650 (c) Ineligibility to receive or renew any license,
1651 certification, or credential issued by a governmental entity for
1652 up to 5 years; and
1653 (d) Placement on the suspended vendor list pursuant to s.
1654 287.1351.
1655 Section 46. For the purpose of incorporating the amendment
1656 made by this act to section 500.04, Florida Statutes, in a
1657 reference thereto, subsection (1) of section 500.177, Florida
1658 Statutes, is reenacted to read:
1659 500.177 Penalty for violation of s. 500.04; dissemination
1660 of false advertisement.—
1661 (1) Any person who violates any provision of s. 500.04 is
1662 guilty of a misdemeanor of the second degree, punishable as
1663 provided in s. 775.082 or s. 775.083; but, if the violation is
1664 committed after a conviction of such person under this section
1665 has become final, such person is guilty of a misdemeanor of the
1666 first degree, punishable as provided in s. 775.082 or s.
1667 775.083.
1668 Section 47. For the purpose of incorporating the amendment
1669 made by this act to section 616.07, Florida Statutes, in a
1670 reference thereto, subsection (13) of section 212.08, Florida
1671 Statutes, is reenacted to read:
1672 212.08 Sales, rental, use, consumption, distribution, and
1673 storage tax; specified exemptions.—The sale at retail, the
1674 rental, the use, the consumption, the distribution, and the
1675 storage to be used or consumed in this state of the following
1676 are hereby specifically exempt from the tax imposed by this
1677 chapter.
1678 (13) LIMITATIONS ON EXEMPTIONS.—No transactions shall be
1679 exempt from the tax imposed by this chapter except those
1680 expressly exempted herein. All laws granting tax exemptions, to
1681 the extent they may be inconsistent or in conflict with this
1682 chapter, including, but not limited to, the following designated
1683 laws, shall yield to and be superseded by the provisions of this
1684 subsection: ss. 125.019, 153.76, 154.2331, 159.15, 159.31,
1685 159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 315.11,
1686 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09, and the
1687 following Laws of Florida, acts of the year indicated: s. 31,
1688 chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12, chapter
1689 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter 31263,
1690 1955; s. 13, chapter 31343, 1955; s. 16, chapter 59-1653; s. 13,
1691 chapter 59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754;
1692 s. 10, chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter
1693 65-1274; s. 16, chapter 67-1446; and s. 10, chapter 67-1681.
1694 This subsection does not supersede the authority of a local
1695 government to adopt financial and local government incentives
1696 pursuant to s. 163.2517.
1697 Section 48. For the purpose of incorporating the amendment
1698 made by this act to section 616.15, Florida Statutes, in a
1699 reference thereto, section 616.185, Florida Statutes, is
1700 reenacted to read:
1701 616.185 Trespass upon grounds or facilities of public fair;
1702 penalty; arrests.—
1703 (1) For the purposes of this chapter, trespass upon the
1704 grounds of the Florida State Fair Authority or any other fair
1705 association permitted under s. 616.15 means:
1706 (a) Entering and remaining upon any grounds or facilities
1707 owned, operated, or controlled by the Florida State Fair
1708 Authority or any other association permitted under s. 616.15 and
1709 committing any act that disrupts the orderly conduct of any
1710 authorized activity of the fair association in charge, or its
1711 lessees, licensees, or the general public on those grounds or
1712 facilities; or
1713 (b) Entering and remaining on those grounds or facilities
1714 after being directed not to enter or to leave them by the
1715 executive director of the authority, chief administrative
1716 officer of the fair association, or any employee or agent of the
1717 association designated by the executive director or
1718 administrator to maintain order on those grounds and facilities,
1719 after a determination by the executive director, administrator,
1720 employee, or agent that the entering or remaining on those
1721 grounds or facilities is in violation of the rules and
1722 regulations of the Florida State Fair Authority or permitted
1723 fair association or is disrupting the orderly conduct of any
1724 authorized activity of the fair association in charge, or its
1725 lessees, licensees, or the general public on those grounds or
1726 facilities.
1727 (2) Any person committing the offense of trespass upon the
1728 grounds of the Florida State Fair Authority or any other fair
1729 association permitted under s. 616.15 commits a misdemeanor of
1730 the second degree, punishable as provided in s. 775.082 or s.
1731 775.083.
1732 (3) A law enforcement officer may arrest any person on or
1733 off the premises, without a warrant, if the officer has probable
1734 cause for believing such person has committed the offense of
1735 trespass upon the grounds of the Florida State Fair Authority or
1736 any fair association permitted under s. 616.15. Such an arrest
1737 does not render the law enforcement officer criminally or
1738 civilly liable for false arrest, false imprisonment, or unlawful
1739 detention.
1740 Section 49. This act shall take effect July 1, 2026.