CS for CS for CS for SB 290 First Engrossed (ntc)
2026290e1
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; creating s. 125.489, F.S.; defining
4 the terms “gasoline-powered farm equipment” and
5 “gasoline-powered landscape equipment”; prohibiting
6 counties from enacting or enforcing any law that
7 restricts or prohibits the use of gasoline-powered
8 farm equipment or gasoline-powered landscape equipment
9 or that distinguishes such equipment from any other
10 equipment under certain circumstances; providing
11 construction; amending s. 163.3164, F.S.; defining the
12 terms “ecologically significant parcel” and “low
13 density municipality”; amending s. 163.3202, F.S.;
14 prohibiting an application for a development on an
15 ecologically significant parcel in a low-density
16 municipality from being administratively approved
17 without an attestation provided by the developer;
18 specifying requirements for such attestation;
19 providing applicability; specifying requirements for
20 the attestation included in certain applications;
21 providing for a waiver; creating s. 166.063, F.S.;
22 defining the terms “gasoline-powered farm equipment”
23 and “gasoline-powered landscape equipment”;
24 prohibiting municipalities from enacting or enforcing
25 any law that restricts or prohibits the use of
26 gasoline-powered farm equipment or gasoline-powered
27 landscape equipment or that distinguishes such
28 equipment from any other equipment under certain
29 circumstances; providing construction; amending s.
30 212.055, F.S.; conforming a cross-reference; making a
31 technical change; amending s. 253.0341, F.S.;
32 requiring the Acquisition and Restoration Council to
33 determine whether certain surplused lands are suitable
34 for bona fide agricultural purposes; prohibiting a
35 local governmental entity from transferring future
36 development rights for surplused lands determined to
37 be suitable for bona fide agricultural purposes;
38 requiring the Department of Environmental Protection,
39 in coordination with the Department of Agriculture and
40 Consumer Services, to determine whether certain state
41 owned conservation lands are suitable for bona fide
42 agricultural purposes; authorizing the Department of
43 Environmental Protection to surplus certain state
44 owned lands determined to be suitable for bona fide
45 agricultural purposes; requiring the Department of
46 Environmental Protection to retain a rural-lands
47 protection easement for such surplused lands;
48 requiring that all proceeds from the sale of such
49 surplused lands be deposited in the Department of
50 Agriculture and Consumer Services’ Incidental Trust
51 Fund for less than fee simple; requiring the
52 Department of Environmental Protection to annually
53 provide a report of such surplused lands to the Board
54 of Trustees of the Internal Improvement Trust Fund;
55 prohibiting certain lands from being surplused;
56 amending s. 259.1053, F.S.; deleting provisions
57 relating to the Babcock Ranch Advisory Group; amending
58 s. 287.1351, F.S.; revising circumstances under which
59 a vendor is prohibited from submitting a bid,
60 proposal, or reply to an agency or from entering into
61 or renewing any contract to provide goods or services
62 to an agency; amending s. 322.12, F.S.; providing
63 penalties for an applicant for a commercial driver
64 license who receives unauthorized assistance on
65 certain portions of the examination; amending s.
66 322.36, F.S.; prohibiting a person from knowingly or
67 willfully providing unauthorized assistance to an
68 applicant for the examination required to hold a
69 commercial driver license; repealing ss. 377.71,
70 377.711, and 377.712, F.S., relating to definitions
71 and the Southern States Energy Compact, Florida as
72 party to the Southern States Energy Compact, and
73 Florida’s participation in the Southern States Energy
74 Board, respectively; amending s. 403.0855, F.S.;
75 deleting a provision relating to legislative approval
76 of certain rules adopted by the Department of
77 Environmental Protection; revising requirements for
78 permittees of biosolids land application sites;
79 revising the date by which permits must comply with
80 specified provisions; requiring local governments that
81 do not transport biosolids outside of their respective
82 county boundaries to comply with specified provisions
83 by a specified date; providing construction; amending
84 s. 482.071, F.S.; requiring certain persons applying
85 for a pest control business license or renewal to
86 provide the department with a certificate of
87 insurance; specifying requirements for such
88 certificate of insurance; amending s. 482.161, F.S.;
89 revising the severity of an administrative fine for
90 violations of certain provisions; amending s. 482.165,
91 F.S.; revising civil penalties; amending s. 489.105,
92 F.S.; defining the terms “subcontractor” and
93 “supplier”; creating s. 489.1295, F.S.; requiring
94 licensed contractors to compensate subcontractors or
95 suppliers for services, labor, or materials within a
96 specified timeframe after receiving payment or in
97 accordance with the terms of the contract for
98 services, labor, or materials; providing an exception;
99 providing disciplinary measures; amending s. 500.04,
100 F.S.; revising the list of prohibited acts related to
101 the prevention of fraud, harm, adulteration,
102 misbranding, or false advertising in the preparation,
103 production, manufacture, storage, or sale of food;
104 repealing s. 500.81, F.S., relating to the Healthy
105 Food Financing Initiative; amending s. 500.93, F.S.;
106 making a technical change; amending s. 501.013, F.S.;
107 authorizing the Department of Agriculture and Consumer
108 Services to provide an exemption from certain health
109 studio regulations; creating s. 501.062, F.S.;
110 providing legislative intent; defining the terms
111 “commercial solicitation” and “dwelling”; prohibiting
112 a person from engaging in commercial solicitation
113 under certain circumstances; specifying requirements
114 for certain signage to be displayed on a property;
115 providing penalties; amending s. 570.07, F.S.;
116 authorizing the Department of Agriculture and Consumer
117 Services to reorganize departmental units upon the
118 approval of the Commissioner of Agriculture; amending
119 s. 570.822, F.S.; providing additional eligibility
120 requirements for the Agriculture and Aquaculture
121 Producers Emergency Recovery Loan Program; creating s.
122 570.832, F.S.; requiring the Florida Wildflower
123 Foundation, Inc., in coordination with the Department
124 of Agriculture and Consumer Services, to establish the
125 Florida Native Seed Research and Marketing Program,
126 subject to legislative appropriation; providing the
127 purpose of the program; creating s. 570.846, F.S.;
128 establishing the Florida Food Animal and Equine
129 Veterinary Medicine Loan Repayment Program; providing
130 the purpose of the program; defining terms; providing
131 eligibility requirements for the program; authorizing
132 the Department of Agriculture and Consumer Services to
133 make loan principal repayments on behalf of eligible
134 candidates up to a certain amount for a specified
135 timeframe, subject to legislative appropriation;
136 providing construction; authorizing the Department of
137 Agriculture and Consumer Services to adopt rules;
138 amending s. 570.85, F.S.; prohibiting a local
139 government from requiring a property owner to obtain a
140 rural event venue permit or license; amending s.
141 570.86, F.S.; defining the term “rural event venue”;
142 amending s. 573.112, F.S.; renaming the Citrus
143 Research and Development Foundation, Inc., as the
144 Citrus Research and Field Trial Foundation, Inc.;
145 establishing the Citrus Research and Field Trial
146 Foundation, Inc., as a direct-support organization of
147 the Department of Agriculture and Consumer Services;
148 revising provisions relating to membership; amending
149 s. 581.031, F.S.; conforming a provision to changes
150 made by the act; amending s. 583.01, F.S.; revising
151 the definition of the term “dealer”; amending s.
152 590.02, F.S.; revising the Florida Forest Service’s
153 powers, authority, and duties; authorizing the Florida
154 Forest Service to manage the Welaka Training Center;
155 conforming provisions to changes made by the act;
156 authorizing the Withlacoochee and Welaka Training
157 Centers to assess fees for specified purposes as
158 determined by the Florida Forest Service, regardless
159 of where certain training occurs; renaming the Bonifay
160 Forestry Station as the John Michael Mathis Forestry
161 Station to honor the late John Michael Mathis;
162 creating s. 595.421, F.S.; establishing the Farmers
163 Feeding Florida Program for specified purposes;
164 requiring Feeding Florida to take certain actions to
165 implement the program; prohibiting the foods purchased
166 by Feeding Florida through such program from
167 reentering the wholesale, retail, or secondary market;
168 prohibiting Feeding Florida from allowing a candidate
169 for elective office to host a food distribution event
170 during a specified timeframe; providing applicability;
171 amending s. 597.004, F.S.; making a technical change;
172 prohibiting the Department of Agriculture and Consumer
173 Services from renewing a certificate of registration
174 for a noncompliant facility unless certain
175 documentation is provided with the renewal
176 application; prohibiting entities whose certificate of
177 registration has been revoked from reapplying for a
178 specified period of time; amending s. 597.010, F.S.;
179 authorizing, rather than requiring, the periodic
180 adjustment of the annual rental fee charged for
181 certain leases; amending s. 599.012, F.S.; making
182 technical changes; amending s. 601.13, F.S.; renaming
183 the Citrus Research and Development Foundation, Inc.,
184 as the Citrus Research and Field Trial Foundation,
185 Inc.; amending s. 616.001, F.S.; revising and deleting
186 definitions relating to public fairs and expositions;
187 amending s. 616.01, F.S.; revising application
188 requirements for a proposed charter for an association
189 to conduct a public fair or exposition; requiring the
190 Department of Agriculture and Consumer Services to
191 provide an applicant for a proposed charter with
192 specified information upon the denial of a proposed
193 charter; revising requirements for information that
194 must be included in the proposed charter; amending s.
195 616.02, F.S.; limiting the number of incorporated
196 state fair associations per county; providing
197 construction; authorizing the Department of
198 Agriculture and Consumer Services to waive certain
199 requirements at the discretion of the commissioner;
200 authorizing fair associations incorporated before a
201 certain date to conduct their affairs; deleting
202 provisions relating to requirements for a proposed
203 charter; amending s. 616.03, F.S.; revising
204 requirements for the approval and recordation of the
205 charter; amending s. 616.05, F.S.; revising the
206 process by which a proposed charter amendment is
207 incorporated into the original charter; amending s.
208 616.051, F.S.; revising the circumstances under which
209 a circuit judge is authorized to dissolve an
210 association and order the distribution of its
211 remaining assets; requiring that such assets be
212 distributed to certain counties; amending s. 616.07,
213 F.S.; deleting provisions relating to distribution of
214 public funds after the dissolution of an association;
215 amending s. 616.101, F.S.; specifying the basis for
216 annual public fair attendance records; requiring a
217 fair association to review its charter every 5 years
218 and submit an updated copy of the charter to the
219 Department of Agriculture and Consumer Services;
220 requiring a designated member of the association to
221 make an attestation; amending s. 616.15, F.S.; making
222 a technical change; revising the information that an
223 applicant must submit to the Department of Agriculture
224 and Consumer Services for the department to issue a
225 permit for an association to conduct a fair; revising
226 the timeframe within which the Department of
227 Agriculture and Consumer Services is required to issue
228 the permit upon the receipt of specified information;
229 making technical changes; deleting obsolete
230 provisions; amending s. 616.251, F.S.; exempting the
231 Florida State Fair Authority from specified
232 provisions; amending s. 624.4032, F.S.; revising the
233 definition of the term “nonprofit agricultural
234 organization”; amending s. 843.085, F.S.; prohibiting
235 a person from wearing or displaying an item that
236 displays the words “concealed weapon permit” or
237 “concealed weapon permitholder” with the intent to
238 mislead another to believe that the person is
239 authorized to wear or display such item; amending s.
240 934.02, F.S.; defining the term “signal jamming
241 device”; creating s. 934.51, F.S.; prohibiting the
242 possession, manufacture, sale, importation,
243 distribution, or use of a signal jamming device;
244 providing exceptions; providing criminal penalties;
245 providing for the merger and transfer of the Citrus
246 Research and Development Foundation, Inc., into the
247 Citrus Research and Field Trial Foundation, Inc.;
248 requiring the completion of the merger by a specified
249 date; providing that the merger is subject to
250 specified provisions; providing for the transfer of
251 funds; providing for the transfer of any program,
252 activity, duty, or function; establishing the Citrus
253 Research and Field Trial Foundation, Inc., as the
254 custodian of any property of the Citrus Research and
255 Development Foundation, Inc.; amending s. 288.1175,
256 F.S.; conforming cross-references; reenacting ss.
257 287.056(4) and 287.138(5), F.S., relating to
258 disqualification for state term contract eligibility
259 and contracting with entities of foreign countries of
260 concern prohibited, respectively, to incorporate the
261 amendment made to s. 287.1351, F.S., in references
262 thereto; reenacting s. 500.177(1), F.S., relating to
263 penalties for dissemination of a false advertisement,
264 to incorporate the amendment made to s. 500.04, F.S.,
265 in a reference thereto; reenacting s. 212.08(13),
266 F.S., relating to taxation and specified exemptions,
267 to incorporate the amendment made to s. 616.07, F.S.,
268 in a reference thereto; reenacting s. 616.185, F.S.,
269 relating to trespass upon grounds or facilities of a
270 public fair, to incorporate the amendment made to s.
271 616.15, F.S., in a reference thereto; providing an
272 effective date.
273
274 Be It Enacted by the Legislature of the State of Florida:
275
276 Section 1. Section 125.489, Florida Statutes, is created to
277 read:
278 125.489 Preemption of restrictions on gasoline-powered farm
279 equipment or gasoline-powered landscape equipment.—
280 (1) As used in this section, the term:
281 (a) “Gasoline-powered farm equipment” means any machine
282 powered by an internal combustion engine or motor that uses
283 gasoline, diesel, or a blend of gasoline and oil which is used
284 on a farm or used to transport farm products.
285 (b) “Gasoline-powered landscape equipment” means any
286 machine powered by an internal combustion engine or motor that
287 uses gasoline, diesel, or a blend of gasoline and oil which is
288 used to provide landscape management or maintenance or to move
289 leaves, dirt, grass, or other debris off of sidewalks,
290 driveways, lawns, or other surfaces.
291 (2) A county may not enact or enforce a resolution, an
292 ordinance, a rule, a code, or a policy or take any action that
293 restricts or prohibits the use of gasoline-powered farm
294 equipment or gasoline-powered landscape equipment and may not
295 create differing standards for such equipment or distinguish
296 such equipment from any electric or similar equipment in a
297 retail, manufacturer, or distributor setting.
298 (3) This section does not prohibit or limit a county from
299 encouraging the use of alternative farm or landscape equipment,
300 such as battery-powered farm or landscape equipment.
301 Section 2. Present subsections (18) through (30) and (31)
302 through (54) of section 163.3164, Florida Statutes, are
303 redesignated as subsections (19) through (31) and (33) through
304 (56), respectively, and new subsections (18) and (32) are added
305 to that section, to read:
306 163.3164 Community Planning Act; definitions.—As used in
307 this act:
308 (18) “Ecologically significant parcel” means a parcel of
309 land located within the boundaries of a low-density municipality
310 which is currently undeveloped and has been designated as either
311 rural, conservation, agricultural, or greenspace as provided by
312 a local government comprehensive plan developed pursuant to s.
313 163.3177.
314 (32) “Low-density municipality” means a municipality
315 existing on or before January 1, 2025, which is less than 2,500
316 acres in total size and contains a population of 5,000 or fewer
317 legal residents.
318 Section 3. Present subsection (7) of section 163.3202,
319 Florida Statutes, is redesignated as subsection (8), and a new
320 subsection (7) is added to that section, to read:
321 163.3202 Land development regulations.—
322 (7)(a) Notwithstanding any ordinance to the contrary, an
323 application for a development on an ecologically significant
324 parcel in a low-density municipality may not be administratively
325 approved without an attestation provided by the developer, under
326 penalty of perjury, to the low-density municipality which states
327 that the development will not exceed a maximum density of 1
328 residential unit per 20 acres.
329 (b) This subsection does not apply to applications for the
330 construction of residential units on an ecologically significant
331 parcel for the express purpose of providing housing for family
332 members of the applicant. However, the applicant must provide an
333 attestation, under penalty of perjury, to the low-density
334 municipality which states that the residential units being
335 constructed will be used for such express purpose before the
336 administrative approval of an application for development.
337 (c) The density requirements provided in this subsection
338 may be waived upon a resolution approved by a unanimous vote of
339 the commission or council of the low-density municipality.
340 Section 4. Section 166.063, Florida Statutes, is created to
341 read:
342 166.063 Preemption of restrictions on gasoline-powered farm
343 equipment or gasoline-powered landscape equipment.—
344 (1) As used in this section, the term:
345 (a) “Gasoline-powered farm equipment” means a machine
346 powered by an internal combustion engine or motor that uses
347 gasoline, diesel, or a blend of gasoline and oil which is used
348 on a farm or used to transport farm products.
349 (b) “Gasoline-powered landscape equipment” means any
350 machine powered by an internal combustion engine or motor that
351 uses gasoline, diesel, or a blend of gasoline and oil which is
352 used to provide landscape management or maintenance or to move
353 leaves, dirt, grass, or other debris off of sidewalks,
354 driveways, lawns, or other surfaces.
355 (2) A municipality may not enact or enforce a resolution,
356 an ordinance, a rule, a code, or a policy or take any action
357 that restricts or prohibits the use of gasoline-powered farm
358 equipment or gasoline-powered landscape equipment and may not
359 create differing standards for such equipment or distinguish
360 such equipment from any electric or similar equipment in a
361 retail, manufacturer, or distributor setting.
362 (3) This section does not prohibit or limit a municipality
363 from encouraging the use of alternative farm or landscape
364 equipment, such as battery-powered farm or landscape equipment.
365 Section 5. Paragraph (d) of subsection (2) of section
366 212.055, Florida Statutes, is amended to read:
367 212.055 Discretionary sales surtaxes; legislative intent;
368 authorization and use of proceeds.—It is the legislative intent
369 that any authorization for imposition of a discretionary sales
370 surtax shall be published in the Florida Statutes as a
371 subsection of this section, irrespective of the duration of the
372 levy. Each enactment shall specify the types of counties
373 authorized to levy; the rate or rates which may be imposed; the
374 maximum length of time the surtax may be imposed, if any; the
375 procedure which must be followed to secure voter approval, if
376 required; the purpose for which the proceeds may be expended;
377 and such other requirements as the Legislature may provide.
378 Taxable transactions and administrative procedures shall be as
379 provided in s. 212.054.
380 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
381 (d) The proceeds of the surtax authorized by this
382 subsection and any accrued interest shall be expended by the
383 school district, within the county and municipalities within the
384 county, or, in the case of a negotiated joint county agreement,
385 within another county, to finance, plan, and construct
386 infrastructure; to acquire any interest in land for public
387 recreation, conservation, or protection of natural resources or
388 to prevent or satisfy private property rights claims resulting
389 from limitations imposed by the designation of an area of
390 critical state concern; to provide loans, grants, or rebates to
391 residential or commercial property owners who make energy
392 efficiency improvements to their residential or commercial
393 property, if a local government ordinance authorizing such use
394 is approved by referendum; or to finance the closure of county
395 owned or municipally owned solid waste landfills that have been
396 closed or are required to be closed by order of the Department
397 of Environmental Protection. Any use of the proceeds or interest
398 for purposes of landfill closure before July 1, 1993, is
399 ratified. The proceeds and any interest may not be used for the
400 operational expenses of infrastructure, except that a county
401 that has a population of fewer than 75,000 and that is required
402 to close a landfill may use the proceeds or interest for long
403 term maintenance costs associated with landfill closure.
404 Counties, as defined in s. 125.011, and charter counties may, in
405 addition, use the proceeds or interest to retire or service
406 indebtedness incurred for bonds issued before July 1, 1987, for
407 infrastructure purposes, and for bonds subsequently issued to
408 refund such bonds. Any use of the proceeds or interest for
409 purposes of retiring or servicing indebtedness incurred for
410 refunding bonds before July 1, 1999, is ratified.
411 1. For the purposes of this paragraph, the term
412 “infrastructure” means:
413 a. Any fixed capital expenditure or fixed capital outlay
414 associated with the construction, reconstruction, or improvement
415 of public facilities that have a life expectancy of 5 or more
416 years, any related land acquisition, land improvement, design,
417 and engineering costs, and all other professional and related
418 costs required to bring the public facilities into service. For
419 purposes of this sub-subparagraph, the term “public facilities”
420 has the same meaning means facilities as defined in s.
421 163.3164(43) s. 163.3164(41), s. 163.3221(13), or s. 189.012(5),
422 and includes facilities that are necessary to carry out
423 governmental purposes, including, but not limited to, fire
424 stations, general governmental office buildings, and animal
425 shelters, regardless of whether the facilities are owned by the
426 local taxing authority or another governmental entity.
427 b. A fire department vehicle, an emergency medical service
428 vehicle, a sheriff’s office vehicle, a police department
429 vehicle, or any other vehicle, and the equipment necessary to
430 outfit the vehicle for its official use or equipment that has a
431 life expectancy of at least 5 years.
432 c. Any expenditure for the construction, lease, or
433 maintenance of, or provision of utilities or security for,
434 facilities, as defined in s. 29.008.
435 d. Any fixed capital expenditure or fixed capital outlay
436 associated with the improvement of private facilities that have
437 a life expectancy of 5 or more years and that the owner agrees
438 to make available for use on a temporary basis as needed by a
439 local government as a public emergency shelter or a staging area
440 for emergency response equipment during an emergency officially
441 declared by the state or by the local government under s.
442 252.38. Such improvements are limited to those necessary to
443 comply with current standards for public emergency evacuation
444 shelters. The owner must enter into a written contract with the
445 local government providing the improvement funding to make the
446 private facility available to the public for purposes of
447 emergency shelter at no cost to the local government for a
448 minimum of 10 years after completion of the improvement, with
449 the provision that the obligation will transfer to any
450 subsequent owner until the end of the minimum period.
451 e. Any land acquisition expenditure for a residential
452 housing project in which at least 30 percent of the units are
453 affordable to individuals or families whose total annual
454 household income does not exceed 120 percent of the area median
455 income adjusted for household size, if the land is owned by a
456 local government or by a special district that enters into a
457 written agreement with the local government to provide such
458 housing. The local government or special district may enter into
459 a ground lease with a public or private person or entity for
460 nominal or other consideration for the construction of the
461 residential housing project on land acquired pursuant to this
462 sub-subparagraph.
463 f. Instructional technology used solely in a school
464 district’s classrooms. As used in this sub-subparagraph, the
465 term “instructional technology” means an interactive device that
466 assists a teacher in instructing a class or a group of students
467 and includes the necessary hardware and software to operate the
468 interactive device. The term also includes support systems in
469 which an interactive device may mount and is not required to be
470 affixed to the facilities.
471 2. For the purposes of this paragraph, the term “energy
472 efficiency improvement” means any energy conservation and
473 efficiency improvement that reduces consumption through
474 conservation or a more efficient use of electricity, natural
475 gas, propane, or other forms of energy on the property,
476 including, but not limited to, air sealing; installation of
477 insulation; installation of energy-efficient heating, cooling,
478 or ventilation systems; installation of solar panels; building
479 modifications to increase the use of daylight or shade;
480 replacement of windows; installation of energy controls or
481 energy recovery systems; installation of electric vehicle
482 charging equipment; installation of systems for natural gas fuel
483 as defined in s. 206.9951; and installation of efficient
484 lighting equipment.
485 3. Notwithstanding any other provision of this subsection,
486 a local government infrastructure surtax imposed or extended
487 after July 1, 1998, may allocate up to 15 percent of the surtax
488 proceeds for deposit into a trust fund within the county’s
489 accounts created for the purpose of funding economic development
490 projects having a general public purpose of improving local
491 economies, including the funding of operational costs and
492 incentives related to economic development. The ballot statement
493 must indicate the intention to make an allocation under the
494 authority of this subparagraph.
495 4. Surtax revenues that are shared with eligible charter
496 schools pursuant to paragraph (c) shall be allocated among such
497 schools based on each school’s proportionate share of total
498 school district capital outlay full-time equivalent enrollment
499 as adopted by the education estimating conference established in
500 s. 216.136. Surtax revenues must be expended by the charter
501 school in a manner consistent with the allowable uses provided
502 in s. 1013.62(4). All revenues and expenditures shall be
503 accounted for in a charter school’s monthly or quarterly
504 financial statement pursuant to s. 1002.33(9). If a school’s
505 charter is not renewed or is terminated and the school is
506 dissolved under the provisions of law under which the school was
507 organized, any unencumbered funds received under this paragraph
508 shall revert to the sponsor.
509 Section 6. Present subsection (19) of section 253.0341,
510 Florida Statutes, is redesignated as subsection (21), and new
511 subsection (19) and subsection (20) are added to that section,
512 to read:
513 253.0341 Surplus of state-owned lands.—
514 (19) The Acquisition and Restoration Council shall
515 determine whether any lands surplused by a local governmental
516 entity, as defined in s. 218.72, on or after January 1, 2024,
517 are suitable for bona fide agricultural purposes, as defined in
518 s. 193.461(3)(b). A local governmental entity may not transfer
519 future development rights for any surplused lands determined to
520 be suitable for bona fide agricultural purposes on or after
521 January 1, 2024.
522 (20) The Department of Environmental Protection, in
523 coordination with the Department of Agriculture and Consumer
524 Services, shall determine whether any state-owned conservation
525 lands acquired on or after January 1, 2024, are suitable for
526 bona fide agricultural purposes, as defined in s. 193.461(3)(b).
527 (a) Notwithstanding any other law or rule, the Department
528 of Environmental Protection may surplus state-owned conservation
529 lands acquired on or after January 1, 2024, determined to be
530 suitable for bona fide agricultural purposes.
531 (b) For all state-owned conservation lands determined to be
532 suitable for bona fide agricultural production and surplused by
533 the Department of Environmental Protection, the department shall
534 retain a rural-lands-protection easement pursuant to s.
535 570.71(3). All proceeds from the sale of such surplused lands
536 must be deposited into the Incidental Trust Fund within the
537 Department of Agriculture and Consumer Services for less than
538 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
539 (c) By January 1, 2027, and each January 1 thereafter, the
540 Department of Environmental Protection shall provide a report of
541 state-owned conservation lands surplused pursuant to this
542 subsection to the Board of Trustees of the Internal Improvement
543 Trust Fund.
544 (d) Designated state forest lands, state park lands,
545 wildlife management areas, or lands within the boundaries of the
546 federally authorized and approved Comprehensive Everglades
547 Restoration Plan may not be surplused pursuant to this
548 subsection.
549 Section 7. Section 259.1053, Florida Statutes, is amended
550 to read:
551 259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory
552 Group.—
553 (1) SHORT TITLE.—This section may be cited as the “Babcock
554 Ranch Preserve Act.”
555 (2) DEFINITIONS.—As used in this section, the term:
556 (a) “Babcock Ranch Preserve” and “preserve” mean the lands
557 and facilities acquired in the purchase of the Babcock Crescent
558 B Ranch, as provided in s. 259.1052.
559 (b) “Commission” means the Fish and Wildlife Conservation
560 Commission.
561 (c) “Commissioner” means the Commissioner of Agriculture.
562 (d) “Department” means the Department of Agriculture and
563 Consumer Services.
564 (e) “Executive director” means the Executive Director of
565 the Fish and Wildlife Conservation Commission.
566 (f) “Financially self-sustaining” means having management
567 and operation expenditures not more than the revenues collected
568 from fees and other receipts for resource use and development
569 and from interest and invested funds.
570 (g) “Florida Forest Service” means the Florida Forest
571 Service of the Department of Agriculture and Consumer Services.
572 (h) “Multiple use” means the management of all of the
573 renewable surface resources of the Babcock Ranch Preserve to
574 best meet the needs of the public, including the use of the land
575 for some or all of the renewable surface resources or related
576 services over areas large enough to allow for periodic
577 adjustments in use to conform to the changing needs and
578 conditions of the preserve while recognizing that a portion of
579 the land will be used for some of the renewable surface
580 resources available on that land. The goal of multiple use is
581 the harmonious and coordinated management of the renewable
582 surface resources without impairing the productivity of the land
583 and considering the relative value of the renewable surface
584 resources, and not necessarily a combination of uses to provide
585 the greatest monetary return or the greatest unit output.
586 (i) “Sustained yield of the renewable surface resources”
587 means the achievement and maintenance of a high level of annual
588 or regular periodic output of the various renewable surface
589 resources of the preserve without impairing the productivity of
590 the land.
591 (3) CREATION OF BABCOCK RANCH PRESERVE.—
592 (a) Upon the date of acquisition of the Babcock Crescent B
593 Ranch, there is created the Babcock Ranch Preserve, which shall
594 be managed in accordance with the purposes and requirements of
595 this section.
596 (b) The preserve is established to protect and preserve the
597 environmental, agricultural, scientific, scenic, geologic,
598 watershed, fish, wildlife, historic, cultural, and recreational
599 values of the preserve, and to provide for the multiple use and
600 sustained yield of the renewable surface resources within the
601 preserve consistent with this section.
602 (c) This section does not preclude the use of common
603 varieties of mineral materials such as sand, stone, and gravel
604 for construction and maintenance of roads and facilities within
605 the preserve.
606 (d) This section does not affect the constitutional
607 responsibilities of the commission in the exercise of its
608 regulatory and executive power with respect to wild animal life
609 and freshwater aquatic life, including the regulation of
610 hunting, fishing, and trapping within the preserve.
611 (e) This section does not interfere with or prevent the
612 implementation of agricultural practices authorized by the
613 agricultural land use designations established in the local
614 comprehensive plans of either Charlotte County or Lee County as
615 those plans apply to the Babcock Ranch Preserve.
616 (f) This section does not preclude the maintenance and use
617 of roads and trails or the relocation of roads in existence on
618 the effective date of this section, or the construction,
619 maintenance, and use of new trails, or any motorized access
620 necessary for the administration of the land contained within
621 the preserve, including motorized access necessary for
622 emergencies involving the health or safety of persons within the
623 preserve.
624 (4) BABCOCK RANCH ADVISORY GROUP.—
625 (a) The purpose of the Babcock Ranch Advisory Group is to
626 assist the department by providing guidance and advice
627 concerning the management and stewardship of the Babcock Ranch
628 Preserve.
629 (b) The Babcock Ranch Advisory Group shall be comprised of
630 nine members appointed to 5-year terms. Based on recommendations
631 from the Governor and Cabinet, the commission, and the governing
632 boards of Charlotte County and Lee County, the commissioner
633 shall appoint members as follows:
634 1. One member with experience in sustainable management of
635 forest lands for commodity purposes.
636 2. One member with experience in financial management,
637 budget and program analysis, and small business operations.
638 3. One member with experience in management of game and
639 nongame wildlife and fish populations, including hunting,
640 fishing, and other recreational activities.
641 4. One member with experience in domesticated livestock
642 management, production, and marketing, including range
643 management and livestock business management.
644 5. One member with experience in agriculture operations or
645 forestry management.
646 6. One member with experience in hunting, fishing, nongame
647 species management, or wildlife habitat management, restoration,
648 and conservation.
649 7. One member with experience in public outreach and
650 education.
651 8. One member who is a resident of Lee County, to be
652 designated by the Board of County Commissioners of Lee County.
653 9. One member who is a resident of Charlotte County, to be
654 designated by the Board of County Commissioners of Charlotte
655 County.
656
657 Vacancies will be filled in the same manner in which the
658 original appointment was made. A member appointed to fill a
659 vacancy shall serve for the remainder of that term.
660 (c) Members of the Babcock Ranch Advisory Group shall:
661 1. Elect a chair and vice chair from among the group
662 members.
663 2. Meet regularly as determined by the chair.
664 3. Serve without compensation but shall receive
665 reimbursement for travel and per diem expenses as provided in s.
666 112.061.
667 (4)(5) MANAGEMENT OF PRESERVE; FEES.—
668 (a) The department shall assume all authority provided by
669 this section to manage and operate the preserve as a working
670 ranch upon the termination or expiration of the management
671 agreement attached as Exhibit “E” to that certain agreement for
672 sale and purchase approved by the Board of Trustees of the
673 Internal Improvement Trust Fund on November 22, 2005, and by Lee
674 County on November 20, 2005.
675 (b) Upon assuming management and operation of the preserve,
676 the department shall:
677 1. Manage and operate the preserve and the uses thereof,
678 including, but not limited to, the activities necessary to
679 administer and operate the preserve as a working ranch; the
680 activities necessary for the preservation and development of the
681 land and renewable surface resources of the preserve; the
682 activities necessary for interpretation of the history of the
683 preserve on behalf of the public; the activities necessary for
684 the management, public use, and occupancy of facilities and
685 lands within the preserve; and the maintenance, rehabilitation,
686 repair, and improvement of property within the preserve.
687 2. Develop programs and activities relating to the
688 management of the preserve as a working ranch.
689 3. Establish procedures for entering into lease agreements
690 and other agreements for the use and occupancy of the facilities
691 of the preserve. The procedures shall ensure reasonable
692 competition and set guidelines for determining reasonable fees,
693 terms, and conditions for such agreements.
694 4. Assess reasonable fees for admission to, use of, and
695 occupancy of the preserve to offset costs of operating the
696 preserve as a working ranch. These fees are independent of fees
697 assessed by the commission for the privilege of hunting,
698 fishing, or pursuing outdoor recreational activities within the
699 preserve, and shall be deposited into the Incidental Trust Fund
700 of the Florida Forest Service, subject to appropriation by the
701 Legislature.
702 (c) The commission, in cooperation with the department,
703 shall:
704 1. Establish and implement public hunting and other fish
705 and wildlife management activities. Tier I and Tier II public
706 hunting opportunities shall be provided consistent with the
707 management plan and the recreation master plan. Tier I public
708 hunting shall provide hunting opportunities similar to those
709 offered on wildlife management areas with an emphasis on youth
710 and family-oriented hunts. Tier II public hunting shall be
711 provided specifically by fee-based permitting to ensure
712 compatibility with livestock grazing and other essential
713 agricultural operations on the preserve.
714 2. Establish and administer permit fees for Tier II public
715 hunting to capitalize on the value of hunting on portions of the
716 preserve and to help ensure the preserve is financially self
717 sufficient. The fees shall be deposited into the State Game
718 Trust Fund of the Fish and Wildlife Conservation Commission to
719 be used to offset the costs of providing public hunting and to
720 support fish and wildlife management and other land management
721 activities on the preserve.
722 (d) The Board of Trustees of the Internal Improvement Trust
723 Fund or its designated agent may:
724 1. Negotiate directly with and enter into such agreements,
725 leases, contracts, and other arrangements with any person, firm,
726 association, organization, corporation, or governmental entity,
727 including entities of federal, state, and local governments, as
728 are necessary and appropriate to carry out the purposes and
729 activities authorized by this section.
730 2. Grant privileges, leases, concessions, and permits for
731 the use of land for the accommodation of visitors to the
732 preserve, provided no natural curiosities or objects of interest
733 shall be granted, leased, or rented on such terms as shall deny
734 or interfere with free access to them by the public. Such
735 grants, leases, and permits may be made and given without
736 advertisement or securing competitive bids. Such grants, leases,
737 or permits may not be assigned or transferred by any grantee
738 without consent of the Board of Trustees of the Internal
739 Improvement Trust Fund or its designated agent.
740 (5)(6) DISSOLUTION OF BABCOCK RANCH, INC.—Upon dissolution
741 of the Babcock Ranch, Inc., all statutory powers, duties,
742 functions, records, personnel, property, and unexpended balances
743 of appropriations, allocations, and other funds of the
744 corporation shall be transferred to the Department of
745 Agriculture and Consumer Services unless otherwise provided by
746 law. Any cash balances of funds shall revert to the Incidental
747 Trust Fund of the Florida Forest Service.
748 Section 8. Paragraph (a) of subsection (2) of section
749 287.1351, Florida Statutes, is amended, and subsection (3) of
750 that section is republished, to read:
751 287.1351 Suspended vendors; state contracts.—
752 (2)(a) A vendor that is in default on any contract with an
753 agency, has failed to timely compensate its subcontractors or
754 suppliers, or has otherwise repeatedly demonstrated a recent
755 inability to fulfill the terms and conditions of previous state
756 contracts or to adequately perform its duties under those
757 contracts may not submit a bid, proposal, or reply to an agency
758 or enter into or renew a contract to provide any goods or
759 services to an agency after its placement, pursuant to this
760 section, on the suspended vendor list.
761 (3) An agency shall notify the department of any vendor
762 that has met the grounds for suspension described in paragraph
763 (2)(a). The agency must provide documentation to the department
764 evidencing the vendor’s default or other grounds for suspension.
765 The department shall review the documentation provided and
766 determine whether good cause exists to remove the vendor from
767 the vendor list and to place it on the suspended vendor list. If
768 good cause exists, the department must notify the vendor in
769 writing of its intent to remove the vendor from the vendor list
770 and of the vendor’s right to an administrative hearing and the
771 applicable procedures and time requirements for any such
772 hearing. If the vendor does not request an administrative
773 hearing, the department must enter a final order removing the
774 vendor from the vendor list. A vendor may not be removed from
775 the vendor list without receiving an individual notice of intent
776 from the department.
777 Section 9. Paragraph (c) is added to subsection (4) of
778 section 322.12, Florida Statutes, to read:
779 322.12 Examination of applicants.—
780 (4) The examination for an applicant for a commercial
781 driver license shall include a test of the applicant’s eyesight
782 given by a driver license examiner designated by the department
783 or by a licensed ophthalmologist, optometrist, or physician and
784 a test of the applicant’s hearing given by a driver license
785 examiner or a licensed physician. The examination shall also
786 include a test of the applicant’s ability to read and understand
787 highway signs regulating, warning, and directing traffic; his or
788 her knowledge of the traffic laws of this state pertaining to
789 the class of motor vehicle which he or she is applying to be
790 licensed to operate, including laws regulating driving under the
791 influence of alcohol or controlled substances, driving with an
792 unlawful blood-alcohol level, and driving while intoxicated; his
793 or her knowledge of the effects of alcohol and controlled
794 substances and the dangers of driving a motor vehicle after
795 having consumed alcohol or controlled substances; and his or her
796 knowledge of any special skills, requirements, or precautions
797 necessary for the safe operation of the class of vehicle which
798 he or she is applying to be licensed to operate. In addition,
799 the examination shall include an actual demonstration of the
800 applicant’s ability to exercise ordinary and reasonable control
801 in the safe operation of a motor vehicle or combination of
802 vehicles of the type covered by the license classification which
803 the applicant is seeking, including an examination of the
804 applicant’s ability to perform an inspection of his or her
805 vehicle.
806 (c) An applicant for a commercial driver license who
807 receives unauthorized assistance from another person in
808 completing the portion of the examination which tests the
809 applicant’s ability to read and understand highway signs
810 regulating, warning, and directing traffic or his or her
811 knowledge of the traffic laws of this state pertaining to the
812 class of motor vehicle for which he or she is applying to be
813 licensed to operate, including laws regulating driving under the
814 influence of alcohol or controlled substances, driving with an
815 unlawful blood-alcohol level, and driving while intoxicated,
816 commits a misdemeanor of the second degree, punishable as
817 provided in s. 775.082 or s. 775.083.
818 Section 10. Section 322.36, Florida Statutes, is amended to
819 read:
820 322.36 Permitting unauthorized operator to drive.—
821 (1) A person may not authorize or knowingly permit a motor
822 vehicle owned by him or her or under his or her dominion or
823 control to be operated upon any highway or public street except
824 by a person who is duly authorized to operate a motor vehicle
825 under this chapter.
826 (2) A person may not knowingly or willfully provide
827 unauthorized assistance to an applicant for the examination
828 required to hold a commercial driver license pursuant to s.
829 322.12(4).
830 (3) A Any person who violates this section commits a
831 misdemeanor of the second degree, punishable as provided in s.
832 775.082 or s. 775.083. If a person violates this section by
833 knowingly loaning a vehicle to a person whose driver license is
834 suspended and if that vehicle is involved in an accident
835 resulting in bodily injury or death, the driver license of the
836 person violating this section must shall be suspended for 1
837 year.
838 Section 11. Section 377.71, Florida Statutes, is repealed.
839 Section 12. Section 377.711, Florida Statutes, is repealed.
840 Section 13. Section 377.712, Florida Statutes, is repealed.
841 Section 14. Present paragraphs (a) and (b) of subsection
842 (3) of section 403.0855, Florida Statutes, are redesignated as
843 paragraphs (b) and (c), respectively, a new paragraph (a) is
844 added to that subsection, and subsections (2) and (4) of that
845 section are amended, to read:
846 403.0855 Biosolids management.—
847 (2) The department shall adopt rules for biosolids
848 management. Rules adopted by the department pursuant to this
849 section may not take effect until ratified by the Legislature.
850 (3) For a new land application site permit or a permit
851 renewal issued after July 1, 2020, the permittee of a biosolids
852 land application site shall:
853 (a) Ensure that only Class AA biosolids are applied to the
854 soil.
855 (4)(a) All permits shall comply with the requirements of
856 paragraph (3)(a) subsection (3) by July 1, 2028 2022.
857 (b) Local governments that do not transport biosolids for
858 land application outside of their respective county boundaries
859 shall comply with the requirements of paragraph (3)(a) by July
860 1, 2031. This paragraph may not be construed to prohibit the
861 transportation of Class B biosolids by a local government
862 outside of its boundaries to a Class AA biosolids treatment
863 facility or waste-to-energy facility located within the
864 boundaries of another local government.
865 Section 15. Present subsection (5) of section 482.071,
866 Florida Statutes, is redesignated as subsection (6), and a new
867 subsection (5) is added to that section, to read:
868 482.071 Licenses.—
869 (5) Each person applying for a pest control business
870 license or renewal thereof who will offer and perform
871 fumigations as a part of his or her regular business operations
872 must furnish to the department a certificate of insurance that
873 meets the requirement for minimum financial responsibility for
874 bodily injury and property damage, consisting of:
875 (a) Bodily injury coverage of $1 million per person and $2
876 million per occurrence; and property damage coverage of $1
877 million per occurrence and $2 million in the aggregate; or
878 (b) Combined single-limit coverage of $2 million in the
879 aggregate.
880 Section 16. Subsection (7) of section 482.161, Florida
881 Statutes, is amended to read:
882 482.161 Disciplinary grounds and actions; reinstatement.—
883 (7) The department, pursuant to chapter 120, in addition to
884 or in lieu of any other remedy provided by state or local law,
885 may impose an administrative fine in the Class III II category
886 pursuant to s. 570.971 for a violation of this chapter or of the
887 rules adopted pursuant to this chapter. In determining the
888 amount of fine to be levied for a violation, the following
889 factors shall be considered:
890 (a) The severity of the violation, including the
891 probability that the death, or serious harm to the health or
892 safety, of any person will result or has resulted; the severity
893 of the actual or potential harm; and the extent to which this
894 chapter or the rules adopted pursuant to this chapter were
895 violated;
896 (b) Any actions taken by the licensee or certified operator
897 in charge, or limited certificateholder, to correct the
898 violation or to remedy complaints;
899 (c) Any previous violations of this chapter or of the rules
900 adopted pursuant to this chapter; and
901 (d) The cost to the department of investigating the
902 violation.
903 Section 17. Subsections (3) and (5) of section 482.165,
904 Florida Statutes, are amended to read:
905 482.165 Unlicensed practice of pest control; cease and
906 desist order; injunction; civil suit and penalty.—
907 (3) In addition to or in lieu of any remedy provided under
908 subsection (2), the department may institute a civil suit in
909 circuit court to recover a civil penalty for any violation for
910 which the department may issue a notice to cease and desist
911 under subsection (2). The civil penalty shall be in the Class
912 III II category pursuant to s. 570.971 for each offense. The
913 court may also award to the prevailing party court costs and
914 reasonable attorney fees.
915 (5) In addition to or in lieu of any remedy provided under
916 subsections (2) and (3), the department may, even in the case of
917 a first offense, impose a fine not less than twice the cost of a
918 pest control business license, but not more than a fine in the
919 Class III II category pursuant to s. 570.971, upon a
920 determination by the department that a person is in violation of
921 subsection (1). For the purposes of this subsection, the lapse
922 of a previously issued license for a period of less than 1 year
923 is not considered a violation.
924 Section 18. Subsections (20) and (21) are added to section
925 489.105, Florida Statutes, to read:
926 489.105 Definitions.—As used in this part:
927 (20) “Subcontractor” has the same meaning as in s. 558.002.
928 (21) “Supplier” has the same meaning as in s. 558.002.
929 Section 19. Section 489.1295, Florida Statutes, is created
930 to read:
931 489.1295 Prohibition against nonpayment.—
932 (1) A licensed contractor must compensate a subcontractor
933 or supplier, unless there is a bona fide dispute regarding the
934 amount due, if any, for services, labor, or materials:
935 (a) Within 45 days after receiving payment for the services
936 performed or materials supplied by the subcontractor or
937 supplier; or
938 (b) In accordance with the terms of the contract for such
939 services, labor, or materials.
940 (2) A licensed contractor who knowingly or willfully
941 violates this section is subject to disciplinary proceedings as
942 provided in s. 489.129.
943 Section 20. Subsection (6) of section 500.04, Florida
944 Statutes, is amended to read:
945 500.04 Prohibited acts.—The following acts and the causing
946 thereof within the state are prohibited:
947 (6) The obstruction of or refusal to permit entry or
948 inspection, or to permit the taking of a sample, as authorized
949 by s. 500.147.
950 Section 21. Section 500.81, Florida Statutes, is repealed.
951 Section 22. Subsection (5) of section 500.93, Florida
952 Statutes, is amended to read:
953 500.93 Mislabeling of plant-based products as milk, meat,
954 or poultry.—
955 (5) The Department of Agriculture and Consumer Services
956 shall notify the Division of Law Revision upon the enactment
957 into law by any 11 of the group of 14 states composed of
958 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
959 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
960 Texas, Virginia, and West Virginia of the mandatory labeling
961 requirements pursuant to paragraphs (2)(a), (3)(a), and (4)(a)
962 subsections (2) and (3).
963 Section 23. Section 501.013, Florida Statutes, is amended
964 to read:
965 501.013 Health studios; exemptions.—
966 (1) The following businesses or activities may be declared
967 exempt from the provisions of ss. 501.012-501.019 upon the
968 filing of an affidavit with the department establishing that the
969 stated qualifications are met:
970 (a)(1) A bona fide nonprofit organization which has been
971 granted tax-exempt status by the Internal Revenue Service.
972 (b)(2) A gymnastics school which engages only in
973 instruction and training and in which exercise is only
974 incidental to such instruction and training.
975 (c)(3) A golf, tennis, or racquetball club in which sports
976 play is the only activity offered by the club. If the facility
977 offers the use of physical exercise equipment, this exemption
978 shall not apply.
979 (d)(4) A program or facility which is offered and used
980 solely for the purpose of dance, aerobic exercise, or martial
981 arts, and which utilizes no physical exercise equipment.
982 (e)(5) A country club that has as its primary function the
983 provision of a social life and recreational amenities to its
984 members, and for which a program of physical exercise is merely
985 incidental to membership. As used in this paragraph subsection,
986 the term “country club” means a facility that offers its members
987 a variety of services that may include, but need not be limited
988 to, social activities; dining, banquet, catering, and lounge
989 facilities; swimming; yachting; golf; tennis; card games such as
990 bridge and canasta; and special programs for members’ children.
991 Upon the filing of an affidavit with the department establishing
992 that the stated qualifications of this paragraph subsection were
993 met before July 1, 1997, this paragraph subsection will apply
994 retroactively to the date that the country club met these
995 qualifications.
996 (f)(6) A program or facility that is offered by an
997 organization for the exclusive use of its employees and their
998 family members.
999 (2) In addition to the businesses and activities listed in
1000 subsection (1), the department may exempt any other business or
1001 activity not in existence as of July 1, 2026, from ss. 501.012
1002 501.019.
1003 Section 24. Section 501.062, Florida Statutes, is created
1004 to read:
1005 501.062 Unauthorized commercial solicitation; legislative
1006 intent; definitions; prohibited acts; penalties.—
1007 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
1008 to protect, preserve, and promote the safety, welfare, and peace
1009 of the citizens of this state by adopting measures to reduce the
1010 threat to private property rights, including the right to
1011 exclude and to be free from trespass of unauthorized commercial
1012 solicitation on private property when noticed by the property
1013 owner. It is the intent of this section to protect such private
1014 property rights by creating a uniform standard for notifying
1015 individuals or groups of individuals that commercial
1016 solicitation is prohibited on private property.
1017 (2) DEFINITIONS.—As used in this section, the term:
1018 (a) “Commercial solicitation” means the act of attempting
1019 to sell goods or services, or to raise funds for a commercial
1020 purpose, through direct or indirect contact with individuals,
1021 including, but not limited to, using words, body gestures, or
1022 signs, on behalf of a business or commercial entity.
1023 (b) “Dwelling” has the same meaning as in s. 810.011(2).
1024 (3) PROHIBITED ACTS.—A person may not engage in commercial
1025 solicitation on any dwelling that clearly and prominently
1026 displays a sign that is no less than 8.5 by 11 inches, is
1027 visible to any person approaching the dwelling, and clearly
1028 displays a statement which identifies the dwelling as private
1029 property on which commercial solicitation is prohibited, in
1030 substantially the following manner with letters at least 1 inch
1031 in height:
1032
1033 THIS DWELLING IS DESIGNATED PRIVATE PROPERTY. NO
1034 COMMERCIAL SOLICITATION IS PERMITTED PURSUANT TO
1035 SECTION 501.062, FLORIDA STATUTES.
1036
1037 (4) PENALTIES.—A person who violates subsection (3) commits
1038 a noncriminal violation, punishable as provided in s. 775.083. A
1039 person who commits a second or subsequent violation commits a
1040 misdemeanor of the second degree, punishable as provided in s.
1041 775.082 or s. 775.083.
1042 Section 25. Subsection (50) is added to section 570.07,
1043 Florida Statutes, to read:
1044 570.07 Department of Agriculture and Consumer Services;
1045 functions, powers, and duties.—The department shall have and
1046 exercise the following functions, powers, and duties:
1047 (50) Notwithstanding s. 20.04(7), to reorganize
1048 departmental units upon the approval of the commissioner.
1049 Section 26. Paragraph (c) is added to subsection (3) of
1050 section 570.822, Florida Statutes, to read:
1051 570.822 Agriculture and Aquaculture Producers Emergency
1052 Recovery Loan Program.—
1053 (3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
1054 applicant must:
1055 (c) Be a United States citizen and a legal resident of this
1056 state before or on the date of the declared emergency. If the
1057 applicant is an entity as defined in s. 605.0102, the entity
1058 must be wholly owned and operated in the United States and
1059 possess an active certificate of status issued by the Department
1060 of State pursuant to chapter 605.
1061 Section 27. Section 570.832, Florida Statutes, is created
1062 to read:
1063 570.832 Florida Native Seed Research and Marketing
1064 Program.—The Florida Wildflower Foundation, Inc., in
1065 coordination with the department, shall, subject to
1066 appropriation, establish the Florida Native Seed Research and
1067 Marketing Program to conduct research designed to expand the
1068 availability and uses of native seeds and strengthen the market
1069 position of this state’s native seed industry through marketing
1070 campaigns and promotions in this state and across the nation.
1071 Section 28. Section 570.846, Florida Statutes, is created
1072 to read:
1073 570.846 Florida Food Animal and Equine Veterinary Medicine
1074 Loan Repayment Program.—
1075 (1) PURPOSE.—To encourage specialized and qualified
1076 veterinary professionals to practice in this state, to retain
1077 the employment of such professionals in this state, and to
1078 promote the care and treatment of food animals and equine
1079 animals, there is established the Florida Food Animal and Equine
1080 Veterinary Medicine Loan Repayment Program. The purpose of the
1081 program is to authorize the department to make payments that
1082 offset loans incurred, for up to three new eligible candidates
1083 annually, for studies leading to a veterinary degree with a
1084 specialization in food animal or equine veterinary medicine.
1085 (2) DEFINITIONS.—As used in this section, the term:
1086 (a) “Equine” means a species of animal belonging to the
1087 taxonomic family equidae, which includes horses and donkeys.
1088 (b) “Food animal” means a species of animal raised for the
1089 human food supply. Food animals include cattle, swine, sheep,
1090 goat, poultry, aquaculture, and apiary species.
1091 (c) “Food animal and equine animal veterinary medicine”
1092 means a veterinary medical practice that encompasses medical
1093 care, disease prevention, and consultation on the feeding,
1094 housing, and overall flock, herd, or equine health management.
1095 (d) “Food animal or equine veterinarian” means a
1096 veterinarian working in food and equine animal veterinary
1097 medicine who focuses on the management and health of such
1098 animals and who spends a minimum of 20 hours per week on food
1099 animal species or equine animal species care and treatment.
1100 (3) ELIGIBILITY.—To be eligible for the program, a
1101 candidate must have graduated from an American Veterinary
1102 Medical Association-accredited college of veterinary medicine,
1103 have received a Florida veterinary medical license, have
1104 obtained a Category II Accreditation from the United States
1105 Department of Agriculture, and be a practicing food animal or
1106 equine animal veterinarian in this state.
1107 (4) FUNDING.—Subject to legislative appropriation, the
1108 department may make loan principal repayments of up to $25,000
1109 per eligible candidate per year. Loan principal repayments may
1110 be made on behalf of each eligible candidate each year for up to
1111 5 years. The department may select up to three new eligible
1112 candidates each year. All repayments are contingent upon
1113 continued proof of employment in this state as a practicing food
1114 animal or equine animal veterinarian.
1115 (5) DUPLICATION OF FINANCIAL ASSISTANCE.—An eligible
1116 candidate receiving financial assistance from the federal
1117 veterinary medicine loan repayment program as established in 7
1118 U.S.C. part 3151a is ineligible to receive financial assistance
1119 from the program under this section.
1120 (6) RULEMAKING.—The department may adopt any rule necessary
1121 for the administration of the program.
1122 Section 29. Subsection (1) of section 570.85, Florida
1123 Statutes, is amended to read:
1124 570.85 Agritourism.—
1125 (1) It is the intent of the Legislature to promote
1126 agritourism as a way to support bona fide agricultural
1127 production by providing a stream of revenue and by educating the
1128 general public about the agricultural industry. It is also the
1129 intent of the Legislature to eliminate duplication of regulatory
1130 authority over agritourism as expressed in this section. Except
1131 as otherwise provided for in this section, and notwithstanding
1132 any other law, a local government may not adopt or enforce a
1133 local ordinance, regulation, rule, or policy that prohibits,
1134 restricts, regulates, or otherwise limits an agritourism
1135 activity on land classified as agricultural land under s.
1136 193.461, and may not require a property owner to obtain a rural
1137 event venue permit or license. This subsection does not limit
1138 the powers and duties of a local government to address
1139 substantial offsite impacts of agritourism activities or an
1140 emergency as provided in chapter 252.
1141 Section 30. Subsection (6) is added to section 570.86,
1142 Florida Statutes, to read:
1143 570.86 Definitions.—As used in ss. 570.85-570.89, the term:
1144 (6) “Rural event venue” means a venue located on property
1145 classified as agricultural pursuant to s. 193.461 and used for
1146 special functions, such as weddings, receptions, corporate
1147 meetings, or similar gatherings.
1148 Section 31. Subsection (7) of section 573.112, Florida
1149 Statutes, is amended to read:
1150 573.112 Advisory council.—
1151 (7) Notwithstanding any provision of this section, the
1152 Citrus Research and Field Trial Development Foundation, Inc., a
1153 direct-support organization of the Department of Agriculture and
1154 Consumer Services University of Florida established pursuant to
1155 s. 570.691 s. 1004.28, shall serve as the advisory council for a
1156 citrus research marketing order, provide the department with
1157 advice on administering the order, and, in accordance with the
1158 order, conduct citrus research and perform other duties assigned
1159 by the department. Notwithstanding s. 570.691 s. 1004.28(3) or
1160 any provision of this section, the foundation’s board of
1161 directors shall be composed of the Florida State Plant Health
1162 Inspection Service Director and, appointed by the Commissioner
1163 of Agriculture, 7 members who are 13 members, including 10
1164 citrus growers, 2 representatives of the university’s Institute
1165 of Food and Agricultural Sciences, and 1 member who is a Florida
1166 citrus nursery representative. Members of the board of directors
1167 shall serve without compensation but appointed by the
1168 Commissioner of Agriculture, who are each entitled to
1169 reimbursement from the foundation for per diem and travel
1170 expenses as provided in s. 112.061.
1171 Section 32. Subsection (32) of section 581.031, Florida
1172 Statutes, is amended to read:
1173 581.031 Department; powers and duties.—The department has
1174 the following powers and duties:
1175 (32) To conduct or cause to be conducted research projects,
1176 including, but not limited to, citrus canker and citrus
1177 greening, which are recommended by the Citrus Research and Field
1178 Trial Development Foundation, Inc., within the limits of
1179 appropriations made specifically for such purpose.
1180 Section 33. Subsection (4) of section 583.01, Florida
1181 Statutes, is amended to read:
1182 583.01 Definitions.—For the purpose of this chapter, unless
1183 elsewhere indicated, the term:
1184 (4) “Dealer” means a person, firm, or corporation,
1185 including a producer, processor, retailer, or wholesaler, that
1186 sells, offers for sale, or holds for the purpose of sale in this
1187 state 30 dozen or more eggs or its equivalent in any one week,
1188 or more than 20,000 384 dressed birds annually in any one week.
1189 Section 34. Section 590.02, Florida Statutes, is amended to
1190 read:
1191 590.02 Florida Forest Service; powers, authority, and
1192 duties; liability; building structures; Withlacoochee and Welaka
1193 Training Centers Center.—
1194 (1) The Florida Forest Service has the following powers,
1195 authority, and duties to:
1196 (a) Enforce the provisions of this chapter;
1197 (b) Prevent, detect, and suppress wildfires wherever they
1198 may occur on public or private land in this state and do all
1199 things necessary in the exercise of such powers, authority, and
1200 duties;
1201 (c) Provide firefighting crews, who shall be under the
1202 control and direction of the Florida Forest Service and its
1203 designated agents;
1204 (d) Appoint center managers, forest area supervisors,
1205 forestry program administrators, a forest protection bureau
1206 chief, a forest protection assistant bureau chief, a field
1207 operations bureau chief, deputy chiefs of field operations,
1208 district managers, forest operations administrators, senior
1209 forest rangers, investigators, forest rangers, firefighter
1210 rotorcraft pilots, and other employees who may, at the Florida
1211 Forest Service’s discretion, be certified as forestry
1212 firefighters pursuant to s. 633.408(8). Other law
1213 notwithstanding, center managers, district managers, forest
1214 protection assistant bureau chief, and deputy chiefs of field
1215 operations have Selected Exempt Service status in the state
1216 personnel designation;
1217 (e) Develop a training curriculum for wildland firefighters
1218 which must contain a minimum of 40 hours of structural
1219 firefighter training, a minimum of 40 hours of emergency medical
1220 training, and a minimum of 376 hours of wildfire training;
1221 (f) Pay the cost of the initial commercial driver license
1222 examination fee, and renewal for those employees whose position
1223 requires them to operate equipment requiring a license. This
1224 paragraph is intended to be an authorization to the department
1225 to pay such costs, not an obligation;
1226 (g) Provide fire management services and emergency response
1227 assistance and set and charge reasonable fees for performance of
1228 those services. Moneys collected from such fees shall be
1229 deposited into the Incidental Trust Fund of the Florida Forest
1230 Service;
1231 (h) Require all state, regional, and local government
1232 agencies operating aircraft in the vicinity of an ongoing
1233 wildfire to operate in compliance with the applicable state
1234 Wildfire Aviation Plan;
1235 (i) Authorize broadcast burning, prescribed burning, pile
1236 burning, and land clearing debris burning to carry out the
1237 duties of this chapter and the rules adopted thereunder; and
1238 (j) Make rules to accomplish the purposes of this chapter.
1239 (2) The Florida Forest Service’s employees, and the
1240 firefighting crews under their control and direction, may enter
1241 upon any lands for the purpose of preventing, detecting, and
1242 suppressing wildfires and investigating smoke complaints or open
1243 burning not in compliance with authorization and to enforce the
1244 provisions of this chapter.
1245 (3) Employees of the Florida Forest Service and of federal,
1246 state, and local agencies, and all other persons and entities
1247 that are under contract or agreement with the Florida Forest
1248 Service to assist in firefighting operations as well as those
1249 entities, called upon by the Florida Forest Service to assist in
1250 firefighting may, in the performance of their duties, set
1251 counterfires, remove fences and other obstacles, dig trenches,
1252 cut firelines, use water from public and private sources, and
1253 carry on all other customary activities in the fighting of
1254 wildfires without incurring liability to any person or entity.
1255 The manner in which the Florida Forest Service monitors a
1256 smoldering wildfire or smoldering prescribed fire or fights any
1257 wildfire are planning level activities for which sovereign
1258 immunity applies and is not waived.
1259 (4)(a) The department may build structures, notwithstanding
1260 chapters 216 and 255, not to exceed a cost of $50,000 per
1261 structure from existing resources on forest lands, federal
1262 excess property, and unneeded existing structures. These
1263 structures must meet all applicable building codes.
1264 (b) Notwithstanding s. 553.80(1), the department shall
1265 exclusively enforce the Florida Building Code as it pertains to
1266 wildfire, law enforcement, and other Florida Forest Service
1267 facilities under the jurisdiction of the department.
1268 (5) The Florida Forest Service shall organize its
1269 operational units to most effectively prevent, detect, and
1270 suppress wildfires, and to that end, may employ the necessary
1271 personnel to manage its activities in each unit. The Florida
1272 Forest Service may construct lookout towers, roads, bridges,
1273 firelines, and other facilities and may purchase or fabricate
1274 tools, supplies, and equipment for firefighting. The Florida
1275 Forest Service may reimburse the public and private entities
1276 that it engages to assist in the suppression of wildfires for
1277 their personnel and equipment, including aircraft.
1278 (6) The Florida Forest Service shall undertake
1279 privatization alternatives for fire prevention activities
1280 including constructing fire lines and conducting prescribed
1281 burns and, where appropriate, entering into agreements or
1282 contracts with the private sector to perform such activities.
1283 (7) The Florida Forest Service may organize, staff, equip,
1284 and operate the Withlacoochee and Welaka Training Centers
1285 Center. The centers center shall serve as sites a site where
1286 fire and forest resource managers can obtain current knowledge,
1287 techniques, skills, and theory as they relate to their
1288 respective disciplines, and the centers:.
1289 (a) The center May establish cooperative efforts involving
1290 federal, state, and local entities; hire appropriate personnel;
1291 and engage others by contract or agreement with or without
1292 compensation to assist in carrying out the training and
1293 operations of the centers center.
1294 (b) The center Shall provide wildfire suppression training
1295 opportunities for rural fire departments, volunteer fire
1296 departments, and other local fire response units.
1297 (c) The center Shall focus on curriculum related to, but
1298 not limited to, fuel reduction, an incident management system,
1299 prescribed burning certification, multiple-use land management,
1300 water quality, forest health, environmental education, and
1301 wildfire suppression training for structural firefighters.
1302 (d) The center May assess appropriate fees for food,
1303 lodging, travel, course materials, and supplies in order to meet
1304 their its operational costs and may grant free meals, room, and
1305 scholarships to persons and other entities as determined by the
1306 Florida Forest Service, regardless of whether training occurs at
1307 the Withlacoochee Training Center or Welaka Training Center or
1308 at another location in exchange for instructional assistance.
1309 (8)(a) The Cross City Work Center shall be named the L.
1310 Earl Peterson Forestry Station. This is to honor Mr. L. Earl
1311 Peterson, Florida’s sixth state forester, whose distinguished
1312 career in state government has spanned 44 years, and who is a
1313 native of Dixie County.
1314 (b) The Madison Forestry Station shall be named the Harvey
1315 Greene Sr. Forestry Station. This is to honor Mr. Harvey Greene
1316 Sr., a World War I veteran and pioneer in forestry in Madison
1317 County. In 1947, Mr. Harvey Greene Sr. offered to give the land
1318 on which the forestry station is located to the state; however,
1319 at that time, the state could not accept donations of land.
1320 Instead, Mr. Harvey Greene Sr. sold the land to the state and,
1321 with the proceeds of the sale, purchased forestry equipment to
1322 be used by the citizens of Madison County to plant trees and
1323 fight wildfires.
1324 (c) The Bonifay Forestry Station shall be named the John
1325 Michael Mathis Forestry Station. This is to honor the late Mr.
1326 John Michael Mathis, the Chipola Forestry Center manager whose
1327 distinguished career spanned 18 years, and who received many
1328 awards for his service, including commendation for leadership in
1329 wildfire mitigation for his service during Hurricane Michael.
1330 Mr. John Michael Mathis was a proud husband, father, forester,
1331 and friend.
1332 (9)(a) Notwithstanding ss. 273.055 and 287.16, the
1333 department may retain, transfer, warehouse, bid, destroy, scrap,
1334 or otherwise dispose of surplus equipment and vehicles that are
1335 used for wildland firefighting.
1336 (b) All money received from the disposition of state-owned
1337 equipment and vehicles that are used for wildland firefighting
1338 shall be retained by the department. Money received pursuant to
1339 this section is appropriated for and may be disbursed for the
1340 acquisition of exchange and surplus equipment used for wildland
1341 firefighting, and for all necessary operating expenditures
1342 related to such equipment, in the same fiscal year and the
1343 fiscal year following the disposition. The department shall
1344 maintain records of the accounts into which the money is
1345 deposited.
1346 (10)(a) Notwithstanding the provisions of s. 252.38, the
1347 Florida Forest Service has exclusive authority to require and
1348 issue authorizations for broadcast burning and agricultural and
1349 silvicultural pile burning. An agency, commission, department,
1350 county, municipality, or other political subdivision of the
1351 state may not adopt or enforce laws, regulations, rules, or
1352 policies pertaining to broadcast burning or agricultural and
1353 silvicultural pile burning.
1354 (b) The Florida Forest Service may delegate to a county,
1355 municipality, or special district its authority:
1356 1. As delegated by the Department of Environmental
1357 Protection pursuant to ss. 403.061(29) and 403.081, to manage
1358 and enforce regulations pertaining to the burning of yard trash
1359 in accordance with s. 590.125(6).
1360 2. To manage the open burning of land clearing debris in
1361 accordance with s. 590.125.
1362 Section 35. Section 595.421, Florida Statutes, is created
1363 to read:
1364 595.421 Farmers Feeding Florida Program.—There is
1365 established the Farmers Feeding Florida Program to coordinate
1366 with Feeding Florida, or its successor entity, for the
1367 acquisition, transportation, and distribution of non-Emergency
1368 Food Assistance Program fresh food products for the benefit of
1369 residents who are food insecure due to a lack of local food
1370 resources, accessibility, and affordability.
1371 (1) In order to implement the program, Feeding Florida
1372 shall:
1373 (a) Enter into an agreement with the department to provide,
1374 at a minimum, all of the following services:
1375 1. Transportation of non-Emergency Food Assistance Program
1376 fresh food products using owned vehicles or contracted
1377 commercial vehicles.
1378 2. Coordination of the purchase and pickup of food from the
1379 purchase location and delivery to the distribution location.
1380 (b) Submit monthly reports to the department, beginning
1381 July 1, 2026, which include, at a minimum, all of the following:
1382 1. A detailed record of the amount of food purchased,
1383 measured per pound and itemized according to its commodity type.
1384 2. Food purchase locations.
1385 3. Food purchase dates.
1386 4. The date of delivery and locations to which the food was
1387 distributed.
1388 (c) Submit quarterly reports, beginning July 1, 2026, to
1389 the chairs of the legislative appropriations committees,
1390 including all of the following information:
1391 1. A detailed record of the amount of food distributed,
1392 measured per pound and itemized according to its commodity type.
1393 2. The distribution locations.
1394 3. An itemized list of the types of commodities
1395 distributed.
1396 (2) Foods purchased by Feeding Florida through the program
1397 are restricted to charitable purposes for hunger relief and may
1398 not reenter the wholesale, retail, or secondary market.
1399 (3) Feeding Florida may not, in implementing this section,
1400 allow a candidate for elective office to host a food
1401 distribution event during the period of time between the last
1402 day of the election qualifying period and the date of the
1403 election if the candidate is opposed for election or reelection
1404 at the time of the event. This subsection does not apply if the
1405 event is in response to a declared state of emergency.
1406 Section 36. Present paragraph (c) of subsection (7) of
1407 section 597.004, Florida Statutes, is redesignated as paragraph
1408 (d) and amended, a new paragraph (c) is added to that
1409 subsection, and paragraph (a) of subsection (2) of that section
1410 is amended, to read:
1411 597.004 Aquaculture certificate of registration.—
1412 (2) RULES.—
1413 (a) The department, in consultation with the Department of
1414 Environmental Protection, the water management districts,
1415 environmental groups, and representatives from the affected
1416 farming groups, shall adopt rules to:
1417 1. Specify the requirement of best management practices to
1418 be implemented by holders of aquaculture certificates of
1419 registration.
1420 2. Establish procedures for holders of aquaculture
1421 certificates of registration to submit the notice of intent to
1422 comply with best management practices.
1423 3. Establish schedules for implementation of best
1424 management practices, and of interim measures that can be taken
1425 prior to adoption of best management practices. Interim measures
1426 may include the continuation of regulatory requirements in
1427 effect on June 30, 1998.
1428 4. Establish a system to assure the implementation of best
1429 management practices, including recordkeeping requirements.
1430 5. Require any facility that cultures Micropterus salmoides
1431 floridanus to maintain stock acquisition documentation or
1432 records of genetic testing.
1433 (7) REGISTRATION AND RENEWALS.—
1434 (c) The department may not renew a certificate of
1435 registration for a facility that is not compliant with this
1436 section unless documentation of corrective action is provided
1437 with the renewal application.
1438 (d)(c) A Any person whose certificate of registration has
1439 been revoked or suspended must reapply to the department for
1440 certification. A person, a company, or an entity, or a principal
1441 of a company or an entity whose certificate of registration has
1442 been revoked, may not reapply for a period of 3 years.
1443 Section 37. Paragraph (a) of subsection (5) of section
1444 597.010, Florida Statutes, is amended to read:
1445 597.010 Shellfish regulation; leases.—
1446 (5) LEASES IN PERPETUITY; RENT.—
1447 (a) All leases issued previously under the provisions of s.
1448 379.2525 shall be enforced under the authority of this chapter,
1449 notwithstanding any other law to the contrary, and shall
1450 continue in perpetuity under such restrictions as stated in the
1451 lease agreement. The annual rental fee charged for all leases
1452 shall consist of the minimum rate of $15 per acre, or any
1453 fraction of an acre, per year and may shall be adjusted on
1454 January 1, 1995, and every 5 years thereafter, based on the 5
1455 year average change in the Consumer Price Index. Rent must shall
1456 be paid in advance of January 1 of each year or, in the case of
1457 a new lease, at the time of signing, regardless of who holds the
1458 lease.
1459 Section 38. Paragraphs (b) and (c) of subsection (1) of
1460 section 599.012, Florida Statutes, are amended to read:
1461 599.012 Florida Wine Trust Fund; creation.—
1462 (1) There is established the Florida Wine Trust Fund within
1463 the Department of Agriculture and Consumer Services. The
1464 department shall use the moneys deposited in the trust fund
1465 pursuant to subsection (2) to do all the following:
1466 (b) Promote wine viticulture products manufactured from
1467 products grown in the state.
1468 (c) Provide grants for wine and viticultural research.
1469 Section 39. Subsection (3) of section 601.13, Florida
1470 Statutes, is amended to read:
1471 601.13 Citrus research; administration by Department of
1472 Citrus; appropriation.—
1473 (3) An entity that solicits research proposals and awards
1474 funding for those proposals expending funds received from the
1475 State Treasury on citrus production research conducted pursuant
1476 to chapter 573, as recommended by the Citrus Research and Field
1477 Trial Development Foundation, Inc., or conducted through
1478 contract with the department shall deliver a report that
1479 includes all of the following information to the commission
1480 biannually and at the request of the commission:
1481 (a) Project plans selected for funding.
1482 (b) The financial status of the projects.
1483 (c) Current findings of the funded research.
1484 (d) Availability of citrus products or application of
1485 growers’ practices found through funded research.
1486 (e) The status of the commercialization process of such
1487 products or practices.
1488 Section 40. Section 616.001, Florida Statutes, is amended
1489 to read:
1490 616.001 Definitions.—As used in this chapter, the term:
1491 (1) “Annual public fair” means a community, county,
1492 district, regional, or state fair that is held and conducted by
1493 a fair association and permitted by the department pursuant to
1494 s. 616.15.
1495 (2) “Authority” means the Florida State Fair Authority.
1496 (3) “Community fair” means an annual public fair that
1497 serves an area of less than an entire county, has exhibits that
1498 are in accordance with s. 616.17, and gives premiums or awards
1499 to exhibitors. Agricultural products shall be produced in the
1500 community the exhibit represents. The majority of the board of
1501 directors of the fair shall reside, be employed, or operate a
1502 business in the community the fair represents.
1503 (4) “Concession” means use by a fair association, or a
1504 grant, lease, or license to a third party, of a portion of the
1505 land under the ownership, custody, or control of a fair
1506 association for specific uses, or the right to enter upon the
1507 land for specific purposes, such as providing rides, games,
1508 food, beverage, merchandise for sale, exhibits, projects,
1509 activities, events, programs, or other uses authorized in this
1510 chapter.
1511 (5) “County fair” means an annual public fair that serves
1512 an entire county and provides exhibitors with premiums or awards
1513 for exhibits that are in accordance with s. 616.17. Agricultural
1514 products must be typical of those produced in the county the
1515 exhibit represents. The majority of the board of directors of
1516 the fair shall reside, be employed, or operate a business in the
1517 county that the fair association represents.
1518 (4)(6) “Department” means the Department of Agriculture and
1519 Consumer Services.
1520 (7) “District fair” means an annual public fair that serves
1521 at least five counties and has exhibits that meet the
1522 requirements of s. 616.17. A district fair shall pay at least
1523 $25,000 in cash premiums or awards to exhibitors. Agricultural
1524 products must be typical of those produced in the counties the
1525 exhibit represents. Livestock may originate from outside the
1526 district, but must be registered in the exhibitor’s name at
1527 least 30 days before the opening day of the fair. Each county is
1528 encouraged to have proportionate exhibits, typical of its
1529 respective natural resources. Each county shall have exhibits
1530 representing basic resources in agriculture and industry.
1531 (5)(8) “Entry” means one item entered for competition or
1532 show. An entry may constitute an exhibit, depending upon the
1533 regulations stated in the premium book.
1534 (6)(9) “Exhibit” means one or more entries entered for
1535 exhibition and constituting a unit. An exhibit may consist of
1536 one or more entries, depending upon the regulations stated in
1537 the premium book. The term includes parades and displays of
1538 articles or a collection of articles, whether static,
1539 interactive, or dynamic, by a fair association or a third party
1540 contracting with a fair association, such as exhibits of
1541 animals, art, housewares, or motor vehicles.
1542 (7)(10) “Exhibitor” means an individual, a group of
1543 individuals, or a business, including a fair association or
1544 third party contracting with a fair association, which has an
1545 exhibit.
1546 (8)(11) “Fair association” or “association” means an
1547 association not for profit incorporated under this chapter for
1548 the purpose of conducting and operating public fairs or
1549 expositions.
1550 (9)(12) “Public fair or exposition” means a project,
1551 activity, event, or program, and use by a fair association,
1552 including, but not limited to, the annual public fair, which
1553 serves the purposes specified in s. 616.08 and benefits and
1554 develops the educational, agricultural, horticultural,
1555 livestock, charitable, historical, civic, cultural, scientific,
1556 and other resources of this state, or any county, municipality,
1557 or other community in this state.
1558 (13) “Regional fair” or “interstate fair” means an annual
1559 public fair of this state and other states in which fair
1560 exhibits meet the requirements of s. 616.17. Agricultural
1561 products must be typical of those produced in the area the
1562 exhibit represents.
1563 (10)(14) “Specialized show” means a show or an exhibition
1564 exhibiting and emphasizing livestock or poultry, or a fruit or
1565 vegetable festival, and must meet the minimum exhibit
1566 requirements specified in s. 616.17. A specialized show may
1567 qualify under one of the definitions in subsections (3), (5),
1568 (7), and (15).
1569 (11)(15) “State fair” means an annual public fair that
1570 serves the entire state. Exhibits must comply with s. 616.17,
1571 and cash premiums or awards may be given to exhibitors.
1572 Section 41. Section 616.01, Florida Statutes, is amended to
1573 read:
1574 616.01 Requirements for Number of persons required;
1575 requisites of proposed charter.—Twenty-five or more persons who
1576 are Residents and qualified electors of the county in which the
1577 annual public fair is to be located, who wish to form an
1578 association not for profit for the purpose of conducting and
1579 operating public fairs or expositions, may become incorporated
1580 in the following manner. The applicant must subscribers shall
1581 submit the proposed charter to the department for review and
1582 approval or denial. If the proposed charter is denied, the
1583 department must provide the applicant with a letter sent to the
1584 mailing address provided on the proposed charter and include a
1585 complete listing of all deficiencies, if any, which must be
1586 remedied before resubmittal of the proposed charter for
1587 approval. If the proposed charter is approved, the applicant
1588 must subscribers shall sign and present a notarized copy of the
1589 proposed charter to the judge of the circuit court for the
1590 county in which the principal office of the association will be
1591 located. The proposed charter must specify:
1592 (1) The name of the association and the place where the
1593 principal office is to be located. The name of the association
1594 must shall include the word, “Inc.”
1595 (2) The general nature of the objectives and powers of the
1596 association, including a provision that the association is
1597 incorporated for the sole purpose of conducting and operating
1598 public fairs or expositions.
1599 (3) The qualifications and terms of association members and
1600 criteria for their admission and expulsion. Provision must may
1601 be made in the charter for ex officio membership.
1602 (4) The time for which the association is to exist.
1603 (5) The name and residence of each subscriber.
1604 (6) Procedures for the election of and governance by
1605 officers, who may be elected or appointed.
1606 (7) The designation of officers who will manage the affairs
1607 of the association until the first election or appointment under
1608 the charter.
1609 (8) Procedures for the adoption, amendment, or rescission
1610 of bylaws of the association.
1611 (9) The highest amount of indebtedness or liability that
1612 may be accrued by the association.
1613 (10) The name of an elected member of the board of county
1614 commissioners of the county in which the principal office of the
1615 association will be located, who will serve as an ex officio
1616 member of the board of directors of the association.
1617 (11) The official e-mail address of the association which
1618 will be used for the purpose of official communication between
1619 the association and governmental entities.
1620 (12) The language for the oath that will be taken by the
1621 applicant, which must include, but is not limited to, all of the
1622 following:
1623 (a) That the primary objective of the association is for
1624 public service and to hold, conduct, and promote public fairs or
1625 expositions.
1626 (b) That money and other available assets in value
1627 exceeding $5,000 have been provided for purposes designated by
1628 the association.
1629 (c) That the association will operate in good faith to
1630 carry out the purposes and objectives set forth in the charter.
1631 Section 42. Section 616.02, Florida Statutes, is amended to
1632 read:
1633 616.02 Fair associations per county Acknowledgment of
1634 charter.—
1635 (1) Beginning July 1, 2026, there may be only one
1636 incorporated fair association per county in this state,
1637 excluding the state fair, which may be incorporated and
1638 conducted in any county. The department may not approve a
1639 proposed charter incorporating a fair association within the
1640 same county in which a fair association currently exists. The
1641 department may waive this requirement at the discretion of the
1642 Commissioner of Agriculture.
1643 (2) Any fair association incorporated before July 1, 2026,
1644 may conduct public fairs or expositions and exercise the
1645 authority provided to them pursuant to this chapter The proposed
1646 charter of a fair association shall be acknowledged by at least
1647 three of its subscribers before an officer authorized to make
1648 acknowledgment of deeds. Subscribers shall also make and take an
1649 oath, which must be attached to the proposed charter, stating
1650 that the primary objective of the association is public service
1651 and holding, conducting, and promoting public fairs or
1652 expositions; that money and other available assets in value
1653 exceeding $5,000 have been provided for the purposes of the
1654 association; and that the association will operate in good faith
1655 to carry out the purposes and objectives set forth in its
1656 charter.
1657 Section 43. Section 616.03, Florida Statutes, is amended to
1658 read:
1659 616.03 Notice of application; Approval and record of
1660 charter.—Upon approval by the department, A notice of intention
1661 to apply to the circuit court for the charter of a fair
1662 association must specify the date that application will be made,
1663 shall be sent to the department for approval, and shall be
1664 published in a newspaper in the county where the principal
1665 office of the association will be located once each week for 4
1666 consecutive weeks. The notice must briefly summarize the charter
1667 and objectives of the proposed association. the proposed charter
1668 must shall be submitted to and approved by the board of county
1669 commissioners of the county in which the principal office of the
1670 association will be located. After approval by the department
1671 and the board of county commissioners, the proposed charter and
1672 proof of approval must and publication shall be submitted to the
1673 circuit judge on the date specified in the notice. If no cause
1674 is shown to the contrary and the judge finds that the proposed
1675 charter is in proper form and will serve the primary objective
1676 of public service, the judge must shall approve the charter and
1677 issue an order incorporating the applicant subscribers under the
1678 charter for the objectives and purposes specified in the
1679 charter. The charter and order of incorporation must shall be
1680 recorded in the office of the clerk of the circuit court in the
1681 county where the principal office of the association will be
1682 located and provided to the department. After the order is
1683 recorded, the applicant subscribers and any their associates are
1684 incorporated with the objectives and powers established in the
1685 charter and under the name given in the charter. During the
1686 publication period, the proposed charter shall be on file in the
1687 office of the clerk of the circuit court. This section does not
1688 preclude a fair association from also filing its duly approved
1689 charter with the Department of State pursuant to chapter 617 for
1690 notice purposes.
1691 Section 44. Subsection (2) of section 616.05, Florida
1692 Statutes, is amended to read:
1693 616.05 Amendment of charter.—A fair association may propose
1694 an amendment to its charter by resolution as provided in its
1695 charter or bylaws.
1696 (2) After the department approves the proposed amendment,
1697 it will be incorporated into the original charter upon:
1698 (a) Publication of notice in the same manner as provided in
1699 s. 616.03;
1700 (b) Filing the order of the circuit judge approving the
1701 amendment with the office of the clerk of the circuit court and
1702 the department; and
1703 (b)(c) Being recorded in the clerk’s office.
1704
1705 If a fair association has filed its charter with the Department
1706 of State pursuant to chapter 617, a copy of any amendment to the
1707 charter must be filed with the Department of State for notice
1708 purposes.
1709 Section 45. Section 616.051, Florida Statutes, is amended
1710 to read:
1711 616.051 Dissolving a charter.—
1712 (1) A fair association may dissolve its charter by
1713 resolution as provided in its charter or bylaws. The proposal
1714 for dissolving the charter shall be submitted to the department
1715 for approval.
1716 (2) Upon approval by the department and upon presentation
1717 of sufficient evidence demonstrating and publication of notice
1718 and proof that all indebtedness has been paid and no claims are
1719 outstanding against the association, the circuit judge may, by
1720 decree, dissolve the association and order the distribution of
1721 its remaining assets. Such assets must be distributed, by
1722 resolution of the board of directors, to the county in which the
1723 principal office of the association is located unless otherwise
1724 specified by the deed of the property held by the association
1725 its remaining public funds to be distributed as recommended by
1726 the board of directors.
1727 Section 46. Subsection (3) of section 616.07, Florida
1728 Statutes, is amended, and subsections (1) and (2) of that
1729 section are republished, to read:
1730 616.07 Members not personally liable; property of
1731 association held in trust; exempt from taxation.—
1732 (1) A member, officer, director, or trustee of a fair
1733 association is not personally liable for any of the debts of the
1734 association, and money or property of a fair association may not
1735 be distributed as profits or dividends among its members,
1736 officers, directors, or trustees.
1737 (2) All money and property of the association, except that
1738 necessary for the payment of its just debts and liabilities, are
1739 public property, shall be administered by the association as
1740 trustee, and shall be used exclusively for the legitimate
1741 purpose of the association. So long as they are used for that
1742 purpose, all money and property of the association are exempt
1743 from all forms of taxation, including special assessments, and
1744 any projects, activities, events, programs, and uses authorized
1745 by this part serve an essential governmental purpose and,
1746 therefore, are not taxable and are not subject to assessments.
1747 This subsection does not apply to chapter 212.
1748 (3) Upon order of the circuit judge, any public funds or
1749 property remaining in a fair association when the association is
1750 dissolved shall be distributed by resolution of the board of
1751 directors to any county or any municipality within the county.
1752 The board may designate in the distribution resolution the
1753 public project that will benefit from the funds or the manner in
1754 which the property will be used. If property has been
1755 contributed by a municipality or county, the property shall be
1756 reconveyed to the municipality or county that gave the property
1757 to the association.
1758 Section 47. Section 616.101, Florida Statutes, is amended
1759 to read:
1760 616.101 Annual review of accounts and records; review of
1761 charter.—
1762 (1) The accounts and records of a every fair association
1763 whose annual public fair has an annual attendance of more than
1764 25,000, based upon recorded attendance from the previous year,
1765 must shall be reviewed annually by a qualified accountant
1766 licensed by the state. A fair association whose annual public
1767 fair has an annual attendance of 25,000 or fewer, based upon
1768 recorded attendance from the previous year, or a fair
1769 association that is holding an annual public fair for the first
1770 time, must submit an annual financial statement that has been
1771 signed by an officer of the county. The results of the reviews
1772 must shall be kept in the official records of each association,
1773 available to all directors of the association. A certified copy
1774 of the review must shall be filed with the department:
1775 (a)(1) On request by the department to certify expenditures
1776 of the premiums awarded to exhibitors of a fair or of building
1777 funds if when there is evidence of a violation of state laws; or
1778 (b)(2) When the association is applying for a fair permit.
1779 (2) A fair association shall, every 5 years beginning July
1780 1, 2026, review its charter and submit to the department a
1781 certified copy of the charter which incorporates any amendment
1782 made during the last 5 years. A designated member of the
1783 association shall attest that the charter is accurate and
1784 factual when submitting the certified copy to the department.
1785 Section 48. Section 616.15, Florida Statutes, is amended to
1786 read:
1787 616.15 Permit from Department of Agriculture and Consumer
1788 Services required.—
1789 (1) An annual public fair may not be conducted by a fair
1790 association without a permit issued by the department. The
1791 association shall present to the department an application for a
1792 permit, signed by an officer of the association, at least 90
1793 calendar days 3 months before holding the annual public fair.
1794 The application must shall be accompanied by a fee in an amount
1795 to be determined by the department for processing the
1796 application and making any required investigation. The
1797 application fee must be at least $183 and may not exceed $366.
1798 Fees collected under this subsection shall be deposited in the
1799 General Inspection Trust Fund of the State Treasury in a special
1800 account to be known as the “Agricultural and Livestock Fair
1801 Account.” A copy of the application must be sent to each fair
1802 association located within 50 miles of the site of the proposed
1803 annual public fair at the same time the application is sent to
1804 the department. The department may issue a permit if the
1805 applicant provides:
1806 (a) The opening and closing dates of the proposed annual
1807 public fair.
1808 (b) The name and address of the owner of the central
1809 amusement attraction that will operate during the annual public
1810 fair.
1811 (c) An affidavit properly executed by the president or
1812 chief executive officer of the applicant association certifying
1813 the existence of a binding contract entered into by the
1814 association and the owner of the central amusement attraction
1815 covering the period for which the permit from the department is
1816 applied. The contract between the parties must shall be
1817 available for inspection by duly authorized agents of the
1818 department in administering this chapter.
1819 (d) A copy of the association’s charter which incorporates
1820 all amendments made A written statement that the main purpose of
1821 the association is to conduct and operate a public fair and
1822 exposition, including the annual fair, for the benefit and
1823 development of the educational, agricultural, horticultural,
1824 livestock, charitable, historical, civic, cultural, scientific,
1825 and other resources of the geographical area the fair
1826 association represents and serves. The statement must be
1827 subscribed and acknowledged by an officer of the association
1828 before an officer authorized to take acknowledgments.
1829 (e) A premium list of the current annual public fair to be
1830 conducted and or a copy of the previous year’s premium list
1831 showing all premiums and awards to be offered to exhibitors in
1832 various departments of the annual public fair, which may
1833 include, but are not limited to, art exhibition;, beef cattle;,
1834 county exhibits;, dairy cattle;, horticulture;, swine;, women’s
1835 department, 4-H Club activities;, Future Farmers of America
1836 activities; Family, Career and Community Leaders of America
1837 Future Homemakers of America activities;, poultry and egg
1838 exhibits;, and community exhibits. The premium list, which may
1839 be submitted separately from the application, must be submitted
1840 at least 60 calendar days before the annual public fair begins
1841 operation.
1842 (f) A complete listing of all exhibits required pursuant to
1843 s. 616.17 Proof of liability insurance insuring the association
1844 against liability for injury to persons, in an amount of not
1845 less than $300,000 per occurrence.
1846 (g) A copy of the most recent review.
1847 (h) A list of all current members of the board of directors
1848 of the association and their contact information, including home
1849 address.
1850
1851 The department shall issue the permit within 10 calendar days
1852 after it receives all the information required by this
1853 subsection and the applicant qualifies pursuant to this section.
1854 (2) At least 21 calendar days before holding the annual
1855 public fair, the association shall present the department with
1856 all of the following information:
1857 (a) Proof of liability insurance insuring the association
1858 against liability for injury to persons, in an amount not less
1859 than $300,000 per occurrence.
1860 (b) A copy of the association’s most recent annual
1861 financial statement pursuant to s. 616.101.
1862 (c) A list of all current members of the board of directors
1863 of the association and their contact information, including
1864 mailing addresses.
1865 (3)(2) The department shall administer and enforce the
1866 provisions of this chapter except as to the regulation of games,
1867 which shall be regulated by local law enforcement agencies. The
1868 department shall adopt rules to administer this chapter,
1869 including rules governing the form and contents of the
1870 application for the permit and any reports that it deems may
1871 deem necessary in enforcing the provisions of this chapter.
1872 (4)(3) Notwithstanding any fair association meeting the
1873 requirements set forth in subsection (1), the department may
1874 order a full investigation to determine if the fair association
1875 meets the requirements of this part s. 616.01, and may withhold
1876 a permit from, deny a permit to, or withdraw a permit once
1877 issued to the association. The department shall also consider
1878 whether any proposed annual public fair, as set forth in an
1879 application for a permit, will compete with another annual
1880 public fair within 50 miles of the proposed annual public fair
1881 with respect to name, dates of operation, or market. The
1882 department may deny, withhold, or withdraw a permit from a fair
1883 association if the department determines that such fair
1884 association will compete with another association. The
1885 department shall give preference to existing fair associations
1886 with established dates, locations, and names. The determination
1887 by the department is final.
1888 Section 49. Section 616.251, Florida Statutes, is amended
1889 to read:
1890 616.251 Florida State Fair Authority; creation;
1891 responsibility for staging annual state fair; exemptions.—
1892 (1) There is created and constituted the “Florida State
1893 Fair Authority,” a public body corporate and politic, for the
1894 purposes and with the powers set forth in this part. Such
1895 instrumentality, hereinafter referred to as “the authority,”
1896 shall have perpetual succession. For the purposes of
1897 implementing the intent of this part, the authority shall be
1898 considered an instrumentality of the state, subject to the
1899 jurisdiction of the state. Any conflict with respect to that
1900 jurisdiction will be resolved by the authority and respective
1901 state agencies.
1902 (2) The authority shall operate under the supervision of
1903 the Commissioner of Agriculture, which supervision may include,
1904 but is not limited to, assisting, advising, and making
1905 recommendations regarding the financing and operation of the
1906 authority. In assisting and advising the authority, the
1907 Commissioner of Agriculture may make appropriate staff of the
1908 department available to the authority.
1909 (3) The authority is charged with the responsibility of
1910 staging an annual fair to serve the entire state. Cash premiums
1911 or awards may be given to exhibitors.
1912 (4) The authority shall be exempt from the requirements of
1913 part I of this chapter.
1914 (5)(4) The principal offices of the authority shall be in
1915 such place or places in or near the City of Tampa as the
1916 authority may from time to time designate.
1917 Section 50. Paragraph (b) of subsection (2) of section
1918 624.4032, Florida Statutes, is amended to read:
1919 624.4032 Nonprofit agricultural organization medical
1920 benefit plans.—
1921 (2) For purposes of this section, the term “nonprofit
1922 agricultural organization” means an organization that meets all
1923 of the following criteria:
1924 (b) Is exempt from federal income tax under s. 501(c)(5) s.
1925 501(c)(3) of the Internal Revenue Code.
1926 Section 51. Subsection (1) of section 843.085, Florida
1927 Statutes, is amended, and subsection (5) of that section is
1928 republished, to read:
1929 843.085 Unlawful use of badges or other indicia of
1930 authority.—
1931 (1) It is unlawful for any person, unless appointed by the
1932 Governor pursuant to chapter 354, authorized by the appropriate
1933 agency, or displayed in a closed or mounted case as a collection
1934 or exhibit, to wear or display any authorized indicia of
1935 authority, including any badge, insignia, emblem, identification
1936 card, or uniform, or any colorable imitation thereof, of any
1937 federal, state, county, or municipal law enforcement agency, or
1938 other criminal justice agency as defined in s. 943.045, with the
1939 intent to mislead or cause another person to believe that he or
1940 she is a member of that agency or is authorized to display or
1941 wear such item, or to wear or display any item that displays in
1942 any manner or combination the word or words “police,”
1943 “patrolman,” “patrolwoman,” “agent,” “sheriff,” “deputy,”
1944 “trooper,” “highway patrol,” “commission officer,” “Wildlife
1945 Officer,” “Department of Environmental Protection officer,”
1946 “Marine Patrol Officer,” “state attorney,” “public defender,”
1947 “marshal,” “constable,” “bailiff,” or “fire department,”
1948 “concealed weapon permit,” or “concealed weapon permitholder,”
1949 with the intent to mislead or cause another person to believe
1950 that he or she is a member of that agency, if applicable, or is
1951 authorized to wear or display such item.
1952 (5) A violation of this section is a misdemeanor of the
1953 first degree, punishable as provided in s. 775.082 or s.
1954 775.083. This section is cumulative to any law now in force in
1955 the state.
1956 Section 52. Subsection (27) is added to section 934.02,
1957 Florida Statutes, to read:
1958 934.02 Definitions.—As used in this chapter:
1959 (27) “Signal jamming device” means a device or process,
1960 such as a phone jammer, global positioning systems blocker, or
1961 other similar device designed to intentionally block, jam, or
1962 interfere with radio communications, such as cellular and
1963 personal communication services, police radar, or global
1964 positioning systems.
1965 Section 53. Section 934.51, Florida Statutes, is created to
1966 read:
1967 934.51 Possession, use, and sale of signal jamming device;
1968 prohibition; exceptions; penalties.—
1969 (1) PROHIBITION.—It is unlawful to possess, manufacture,
1970 hold or offer for sale, sell, import, distribute, or use a
1971 signal jamming device in this state.
1972 (2) EXCEPTIONS.—This section does not apply to a federal or
1973 military law enforcement agency that lawfully installs, places,
1974 or uses a signal jamming device as part of a criminal
1975 investigation, or to any person duly authorized by the Federal
1976 Communications Commission.
1977 (3) PENALTIES.—A person who violates this section commits a
1978 misdemeanor of the first degree, punishable as provided in s.
1979 775.082 or s. 775.083.
1980 Section 54. (1) The Citrus Research and Development
1981 Foundation, Inc., the nonprofit corporation established in s.
1982 573.112(7), Florida Statutes, is merged into the Citrus Research
1983 and Field Trial Foundation, Inc.
1984 (2) The Citrus Research and Development Foundation, Inc.,
1985 must enter into a plan with the Citrus Research and Field Trial
1986 Foundation, Inc., for the merger. Such merger must be completed
1987 by October 1, 2026. The merger is subject to chapter 617,
1988 Florida Statutes, related to the merger of nonprofit
1989 corporations.
1990 (3) Any funds held in trust which were donated to or earned
1991 by the Citrus Research and Development Foundation, Inc., shall
1992 be transferred to the Citrus Research and Field Trial
1993 Foundation, Inc., and shall be used for the original purposes of
1994 the funds.
1995 (4) The transfer of any program, activity, duty, or
1996 function under this act includes the transfer of any records and
1997 unexpected balances of appropriations, allocations, or other
1998 funds related to such program, activity, duty, or function.
1999 Except as otherwise provided by law, the Citrus Research and
2000 Field Trial Foundation, Inc., shall become the custodian of any
2001 property of the Citrus Research and Development Foundation,
2002 Inc., on the date specified in the plan of merger or October 1,
2003 2026, whichever occurs first.
2004 Section 55. Paragraph (a) of subsection (4) and subsection
2005 (6) of section 288.1175, Florida Statutes, are amended to read:
2006 288.1175 Agriculture education and promotion facility.—
2007 (4) The Department of Agriculture and Consumer Services
2008 shall certify a facility as an agriculture education and
2009 promotion facility if the Department of Agriculture and Consumer
2010 Services determines that:
2011 (a) The applicant is a unit of local government as defined
2012 in s. 218.369, or a fair association as defined in s. 616.001(8)
2013 s. 616.001(11), which is responsible for the planning, design,
2014 permitting, construction, renovation, management, and operation
2015 of the agriculture education and promotion facility or holds
2016 title to the property on which such facility is to be developed
2017 and located.
2018 (6) Funds may not be expended to develop or subsidize
2019 privately owned facilities, except for facilities owned by fair
2020 associations as defined in s. 616.001(8) s. 616.001(11).
2021 Section 56. For the purpose of incorporating the amendment
2022 made by this act to section 287.1351, Florida Statutes, in a
2023 reference thereto, subsection (4) of section 287.056, Florida
2024 Statutes, is reenacted to read:
2025 287.056 Purchases from purchasing agreements and state term
2026 contracts; vendor disqualification.—
2027 (4) A firm or individual placed on the suspended vendor
2028 list pursuant to s. 287.1351 or placed on a disqualified vendor
2029 list pursuant to s. 287.133 or s. 287.134 is immediately
2030 disqualified from state term contract eligibility.
2031 Section 57. For the purpose of incorporating the amendment
2032 made by this act to section 287.1351, Florida Statutes, in a
2033 reference thereto, subsection (5) of section 287.138, Florida
2034 Statutes, is reenacted to read:
2035 287.138 Contracting with entities of foreign countries of
2036 concern prohibited.—
2037 (5) The Attorney General may bring a civil action in any
2038 court of competent jurisdiction against an entity that violates
2039 this section. Violations of this section may result in:
2040 (a) A civil penalty equal to twice the amount of the
2041 contract for which the entity submitted a bid or proposal for,
2042 replied to, or entered into;
2043 (b) Ineligibility to enter into, renew, or extend any
2044 contract, including any grant agreements, with any governmental
2045 entity for up to 5 years;
2046 (c) Ineligibility to receive or renew any license,
2047 certification, or credential issued by a governmental entity for
2048 up to 5 years; and
2049 (d) Placement on the suspended vendor list pursuant to s.
2050 287.1351.
2051 Section 58. For the purpose of incorporating the amendment
2052 made by this act to section 500.04, Florida Statutes, in a
2053 reference thereto, subsection (1) of section 500.177, Florida
2054 Statutes, is reenacted to read:
2055 500.177 Penalty for violation of s. 500.04; dissemination
2056 of false advertisement.—
2057 (1) Any person who violates any provision of s. 500.04 is
2058 guilty of a misdemeanor of the second degree, punishable as
2059 provided in s. 775.082 or s. 775.083; but, if the violation is
2060 committed after a conviction of such person under this section
2061 has become final, such person is guilty of a misdemeanor of the
2062 first degree, punishable as provided in s. 775.082 or s.
2063 775.083.
2064 Section 59. For the purpose of incorporating the amendment
2065 made by this act to section 616.07, Florida Statutes, in a
2066 reference thereto, subsection (13) of section 212.08, Florida
2067 Statutes, is reenacted to read:
2068 212.08 Sales, rental, use, consumption, distribution, and
2069 storage tax; specified exemptions.—The sale at retail, the
2070 rental, the use, the consumption, the distribution, and the
2071 storage to be used or consumed in this state of the following
2072 are hereby specifically exempt from the tax imposed by this
2073 chapter.
2074 (13) LIMITATIONS ON EXEMPTIONS.—No transactions shall be
2075 exempt from the tax imposed by this chapter except those
2076 expressly exempted herein. All laws granting tax exemptions, to
2077 the extent they may be inconsistent or in conflict with this
2078 chapter, including, but not limited to, the following designated
2079 laws, shall yield to and be superseded by the provisions of this
2080 subsection: ss. 125.019, 153.76, 154.2331, 159.15, 159.31,
2081 159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 315.11,
2082 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09, and the
2083 following Laws of Florida, acts of the year indicated: s. 31,
2084 chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12, chapter
2085 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter 31263,
2086 1955; s. 13, chapter 31343, 1955; s. 16, chapter 59-1653; s. 13,
2087 chapter 59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754;
2088 s. 10, chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter
2089 65-1274; s. 16, chapter 67-1446; and s. 10, chapter 67-1681.
2090 This subsection does not supersede the authority of a local
2091 government to adopt financial and local government incentives
2092 pursuant to s. 163.2517.
2093 Section 60. For the purpose of incorporating the amendment
2094 made by this act to section 616.15, Florida Statutes, in a
2095 reference thereto, section 616.185, Florida Statutes, is
2096 reenacted to read:
2097 616.185 Trespass upon grounds or facilities of public fair;
2098 penalty; arrests.—
2099 (1) For the purposes of this chapter, trespass upon the
2100 grounds of the Florida State Fair Authority or any other fair
2101 association permitted under s. 616.15 means:
2102 (a) Entering and remaining upon any grounds or facilities
2103 owned, operated, or controlled by the Florida State Fair
2104 Authority or any other association permitted under s. 616.15 and
2105 committing any act that disrupts the orderly conduct of any
2106 authorized activity of the fair association in charge, or its
2107 lessees, licensees, or the general public on those grounds or
2108 facilities; or
2109 (b) Entering and remaining on those grounds or facilities
2110 after being directed not to enter or to leave them by the
2111 executive director of the authority, chief administrative
2112 officer of the fair association, or any employee or agent of the
2113 association designated by the executive director or
2114 administrator to maintain order on those grounds and facilities,
2115 after a determination by the executive director, administrator,
2116 employee, or agent that the entering or remaining on those
2117 grounds or facilities is in violation of the rules and
2118 regulations of the Florida State Fair Authority or permitted
2119 fair association or is disrupting the orderly conduct of any
2120 authorized activity of the fair association in charge, or its
2121 lessees, licensees, or the general public on those grounds or
2122 facilities.
2123 (2) Any person committing the offense of trespass upon the
2124 grounds of the Florida State Fair Authority or any other fair
2125 association permitted under s. 616.15 commits a misdemeanor of
2126 the second degree, punishable as provided in s. 775.082 or s.
2127 775.083.
2128 (3) A law enforcement officer may arrest any person on or
2129 off the premises, without a warrant, if the officer has probable
2130 cause for believing such person has committed the offense of
2131 trespass upon the grounds of the Florida State Fair Authority or
2132 any fair association permitted under s. 616.15. Such an arrest
2133 does not render the law enforcement officer criminally or
2134 civilly liable for false arrest, false imprisonment, or unlawful
2135 detention.
2136 Section 61. This act shall take effect July 1, 2026.