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A bill to be entitled 1
An act relating to the Department of Agriculture and 2
Consumer Services; amending s. 212.08, F.S.; 3
authorizing farmers whose property meets certain 4
requirements to apply to the Department of Revenue for 5
a Florida farm tax exempt agricultural materials 6
(TEAM) card; providing the purpose of the Florida farm 7
TEAM card; providing that the Florida farm TEAM card 8
is subject to certain review and expiration 9
provisions; requiring the Department of Revenue to 10
adopt rules; authorizing the Department of Agriculture 11
and Consumer Services to take certain administrative 12
actions regarding the Florida farm TEAM card; 13
relieving selling dealers of the responsibility of 14
collecting sales tax on purchases by Florida farm TEAM 15
cardholders; requiring the department to accept 16
Florida farm TEAM card applications beginning on a 17
specified date; authorizing the Department of Revenue 18
to adopt emergency rules; providing for the expiration 19
of such authority; amending s. 213.053, F.S.; 20
authorizing the Department of Revenue to make certain 21
information available to the Department of Agriculture 22
and Consumer Services for the purpose of administering 23
the Florida farm TEAM card; creating s. 287.0823, 24
F.S.; requiring by a specified date all food 25
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commodities purchased by certain state entities to be 26
grown or produced in this state under certain 27
circumstances; requiring such state entities to give 28
preference to certain food commodities; authorizing 29
certain agreements or state contracts to give 30
preference to certain vendors; requiring the 31
Department of Management Services to provide an annual 32
report to the Governor, the Cabinet, and the 33
Legislature by a specified date; providing 34
requirements for the report; amending s. 500.03, F.S.; 35
revising, redefining, and deleting terms; revising 36
construction regardi ng the selling of food; amending 37
s. 500.032, F.S.; requiring the Department of 38
Agriculture and Consumer Services to administer and 39
enforce certain provisions relating to the storage of 40
food; amending s. 500.12, F.S.; revising the types of 41
entities required to obtain food permits from the 42
department; conforming provisions to changes made by 43
the act; requiring food permits to be annually renewed 44
in accordance with certain provisions; authorizing the 45
department to charge a prorated fee for certain 46
purposes; requiring late fees for applications not 47
received on or before their due date; amending s. 48
500.121, F.S.; conforming provisions to changes made 49
by the act; amending s. 500.147, F.S.; requiring 50
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bottled water to be processed in conformance with 51
department rule; amending s. 500.172, F.S.; 52
authorizing an agent of the department to take 53
specified actions regarding mislabeled food; 54
reordering and amending s. 502.012, F.S.; defining, 55
revising, and redefining terms; amending s. 502.013, 56
F.S.; revising the purpose of certain provisions 57
regarding milk and milk products; amending s. 502.014, 58
F.S.; revising the authority of the department to 59
permit and collect samples of products for testing at 60
certain facilities; amending s. 502.042, F.S.; 61
deleting a provision requiring the department to 62
periodically conduct certain shelf -life studies and to 63
sample certain milk products; making technical 64
changes; amending s. 502.053, F.S.; revising the milk 65
facilities required to apply for a permit to operate; 66
requiring operating permits for certain frozen dessert 67
plants; deleting a requirement that frozen dessert 68
plant permitholders submit specified reports to the 69
department; conforming provisions to changes made by 70
the act; amending s. 502.181, F.S.; deleting 71
prohibitions against certain testing for milkfat 72
content and for repasteurizing milk; amending s. 73
502.231, F.S.; conforming a provision to changes made 74
by the act; repealing s. 502.301, F.S., relating to 75
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the Dairy Industry Technical Council; creating s. 76
570.161, F.S.; requiring certa in licensees or permit 77
holders to notify the department in writing of the 78
person's e-mail address; providing civil penalties; 79
providing that service by e -mail constitutes adequate 80
and sufficient notice; authorizing the department to 81
achieve service by othe r specified means under certain 82
circumstances; repealing s. 570.23, F.S., relating to 83
the State Agricultural Advisory Council; amending s. 84
570.71, F.S.; requiring the department to submit 85
specified conservation easement purchase agreements to 86
the Board of Trustees of the Internal Improvement 87
Trust Fund for approval; amending s. 570.715, F.S.; 88
increasing the estimated value threshold for the 89
appraisal of specified conservation easement 90
acquisitions; repealing s. 570.843, F.S., relating to 91
the Florida Young Farmer and Rancher Advisory Council; 92
amending s. 570.93, F.S.; revising the required 93
contents of the department's agricultural water 94
conservation program; amending s. 576.011, F.S.; 95
defining and redefining terms; repealing ss. 96
581.217(14) and 585.008, F.S., relating to the 97
Industrial Hemp Advisory Council and the Animal 98
Industry Technical Council, respectively; amending s. 99
586.045, F.S.; revising the timeframe during which the 100
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department is required to provide written notice and 101
forms to beekeepers for annua l certificate of 102
registration renewals; amending s. 595.404, F.S.; 103
requiring the department to adopt and implement an 104
exemption, waiver, and variance process by rule for 105
sponsors of certain school food and other nutrition 106
programs; amending s. 597.003, F.S .; revising the 107
powers and duties of the department regarding the 108
regulation of aquaculture in this state; providing 109
construction; amending s. 597.004, F.S.; deleting 110
requirements for rules adopted by the department for 111
aquaculture certificates of registra tion; deleting 112
provisions authorizing certain alligator producers to 113
be issued aquaculture certificates of registration; 114
providing legislative intent; preempting to the 115
department the regulatory and permitting authority for 116
all aquaculture products; provid ing construction; 117
revising the types of aquaculture products that may be 118
sold by an aquaculture producer under certain 119
circumstances; amending s. 597.005, F.S.; revising the 120
composition and responsibilities of the Aquaculture 121
Review Council; amending s. 59 9.002, F.S.; revising 122
the composition of the Viticulture Advisory Council; 123
amending s. 934.50, F.S.; authorizing non -law 124
enforcement employees of the department to use drones 125
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for specified purposes; amending s. 259.105, F.S.; 126
conforming cross-references; reenacting ss. 127
373.016(4)(a), 373.223(3), and 373.701(2)(a), F.S., 128
relating to declarations of state water policy and 129
conditions for a permit, respectively, to incorporate 130
the amendment made by this act to s. 500.03, F.S., in 131
references thereto; providing a n effective date. 132
133
Be It Enacted by the Legislature of the State of Florida: 134
135
Section 1. Subsection (19) is added to section 212.08, 136
Florida Statutes, to read: 137
212.08 Sales, rental, use, consumption, distribution, and 138
storage tax; specified exemp tions.—The sale at retail, the 139
rental, the use, the consumption, the distribution, and the 140
storage to be used or consumed in this state of the following 141
are hereby specifically exempt from the tax imposed by this 142
chapter. 143
(19) FLORIDA FARM TEAM CARD. - 144
(a) Notwithstanding any other law, a farmer whose property 145
has been classified as agricultural pursuant to s. 193.461 or 146
who has implemented agricultural best management practices 147
adopted by the Department of Agriculture and Consumer Services 148
pursuant to s. 403.067(7)(c)2. may apply to the department for a 149
Florida farm tax exempt agricultural materials (TEAM) card to 150
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claim the applicable sales tax exemptions provided in this 151
section. A farmer may present the Florida farm TEAM card to a 152
selling dealer in lie u of a certificate or affidavit otherwise 153
required by this chapter. 154
(b) The Florida farm TEAM card is subject to the review 155
and expiration provisions of s. 212.084. The department shall 156
adopt rules to administer this subsection. The Department of 157
Agriculture and Consumer Services may take all actions necessary 158
for the administration, issuance, and distribution of the 159
Florida farm TEAM cards to farmers registered with the 160
department. 161
(c) For items purchased tax exempt pursuant to this 162
subsection, proof of acceptance by a selling dealer of a Florida 163
farm TEAM card from a purchaser relieves the selling dealer of 164
the responsibility of collecting the tax on the sale of such 165
items, and the department shall look solely to the purchaser for 166
recovery of the tax i f it determines that the purchaser was not 167
entitled to the exemption. 168
(d) The Department of Agriculture and Consumer Services 169
shall accept Florida farm TEAM card applications beginning on 170
January 1, 2024. 171
Section 2. (1) The Department of Revenue may , and all 172
conditions are deemed met to, adopt emergency rules pursuant to 173
s. 120.54(4), Florida Statutes, for the purpose of implementing 174
s. 212.08(19), Florida Statutes. 175
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(2) Notwithstanding any other law, emergency rules adopted 176
pursuant to this section are effective for 6 months after 177
adoption and may be renewed during the pendency of procedures to 178
adopt permanent rules addressing the subject of the emergency 179
rules. 180
Section 3. Subsection (24) is added to section 213.053, 181
Florida Statutes, to read: 182
213.053 Confidentiality and information sharing. — 183
(24) The department may make available to the Department 184
of Agriculture and Consumer Services, exclusively for official 185
purposes, information for the purposes of administering or 186
issuing the Florida farm TEAM card pursuant to s. 212.08(19). 187
Section 4. Section 287.0823, Florida Statutes, is created 188
to read: 189
287.0823 Preference to commodities grown or produced in 190
Florida.— 191
(1) By 2025 or upon expiration of any existing food 192
service contract, whichever is earlier, all food commodities 193
purchased by an agency, a state university, a Florida College 194
System institution, or any contracted food service provider 195
thereof must be grown or produced in this state when available, 196
practical, and feasible. 197
(2) Notwithstanding any other provision of this section, 198
and to the extent authorized by federal law, such state 199
agencies, state universities, Florida College System 200
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institutions, and contracted food service providers thereof 201
shall give preference to food commodities grown or produced in 202
this state when purchasing food commodities, including farm 203
products as defined in s. 823.14, of any class, variety, or use 204
thereof in their natural state or as processed by a farm 205
operation or processor for the purpose of marketing such 206
product. 207
(3) A purchasing agreement, state term contract, or 208
contract for the purchase of food commodities required to be 209
awarded to the lowest responsive and responsible vendor may give 210
preference over other vendors to an otherwise qualif ied vendor 211
who agrees to fulfill the contract through the use of food 212
commodities grown or produced in this state over other vendors, 213
provided that the price included in the bid, proposal, or reply 214
for the food commodities grown or produced in this state i s not 215
more than 10 percent greater than the price included in a bid, 216
proposal, or reply for food commodities grown or produced 217
outside of this state. 218
(4) By November 1, 2023, and each November 1 thereafter, 219
the department shall prepare and submit a repor t to the Governor 220
and Cabinet, the President of the Senate, and the Speaker of the 221
House of Representatives which describes the amount of food 222
commodities grown or produced in this state which were purchased 223
according to the requirements of this section. A ny agency, state 224
university, Florida College System institution, or contracted 225
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food service provider thereof that purchases food commodities 226
shall cooperate with the department to provide the information 227
required to prepare this report. The report must con tain, at a 228
minimum, all of the following information: 229
(a) The total expenditures on, and the quantity purchased 230
of, food commodities by each agency, state university, and 231
Florida College System institution. 232
(b)The total expenditures on, and the quantity purchased 233
of, food commodities grown or produced in this state by each 234
agency, state university, and Florida College System 235
institution. 236
(c) The total expenditures of each agency, state 237
university, and Florida College System institution on food 238
commodities grown or produced outside of this state. 239
(d) A statement and assessment of the good faith efforts 240
of, and any failures by, each state agency, state university, or 241
Florida College System institution, or any contracted food 242
service provider thereof, to comply with this section. 243
Section 5. Paragraphs (d), (i), (p), (q), (r), and (bb) of 244
subsection (1) and subsection (3) of section 500.03, Florida 245
Statutes, are amended to read: 246
500.03 Definitions; construction; applicability. — 247
(1) For the purpose of this chapter, the term: 248
(d) "Bottled water" means water intended for human 249
consumption and sealed in a bottle or other container with no 250
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added ingredients, except that it may contain safe and suitable 251
antimicrobial agents a beverage, as described in 2 1 C.F.R. part 252
165 (2006), that is processed in compliance with 21 C.F.R. part 253
129 (2006). 254
(i) "Convenience store" means a business that is engaged 255
primarily in the retail sale of groceries or motor fuels or 256
special fuels and may offer food services to th e public. 257
Businesses providing motor fuel or special fuel to the public 258
which also offer groceries or food service are included in the 259
definition of a convenience store. 260
(o)(p) "Food establishment" means a factory, food outlet, 261
or other facility manufact uring, processing, packing, holding, 262
storing, or preparing food or selling food at wholesale or 263
retail. The term does not include a business or activity that is 264
regulated under s. 413.051, s. 500.80, chapter 509, or chapter 265
601. The term includes tomato pa ckinghouses and repackers but 266
does not include any other establishments that pack fruits and 267
vegetables in their raw or natural states, including those 268
fruits or vegetables that are washed, colored, or otherwise 269
treated in their unpeeled, natural form befo re they are 270
marketed. 271
(q) "Food outlet" means any grocery store; convenience 272
store; minor food outlet; meat, poultry, or fish and related 273
aquatic food market; fruit or vegetable market; food warehouse; 274
refrigerated storage facility; freezer locker; salva ge food 275
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facility; or any other similar place storing or offering food 276
for sale. 277
(r) "Food service establishment" means any place where 278
food is prepared and intended for individual portion service, 279
and includes the site at which individual portions are pr ovided. 280
The term includes any such place regardless of whether 281
consumption is on or off the premises and regardless of whether 282
there is a charge for the food. The term includes delicatessens 283
that offer prepared food in individual service portions. The 284
term does not include schools, institutions, fraternal 285
organizations, private homes where food is prepared or served 286
for individual family consumption, retail food stores, the 287
location of food vending machines, cottage food operations, and 288
supply vehicles, nor does the term include a research and 289
development test kitchen limited to the use of employees and 290
which is not open to the general public. 291
(bb) "Retail food store" means any establishment or 292
section of an establishment where food and food products are 293
offered to the consumer and intended for off -premises 294
consumption. The term includes delicatessens that offer prepared 295
food in bulk quantities only. The term does not include 296
establishments which handle only prepackaged, nonpotentially 297
hazardous foods; road side markets that offer only fresh fruits 298
and fresh vegetables for sale; food service establishments; or 299
food and beverage vending machines. 300
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(3) For the purpose of this chapter, the selling of food 301
includes the manufacture, production, processing, packin g, 302
exposure, offer, possession, and holding of any article of food 303
for sale; the sale, dispensing, and giving of any article of 304
food; and the supplying to or applying of food in the conduct of 305
any food establishment. 306
Section 6. Subsection (1) of section 500.032, Florida 307
Statutes, is amended to read: 308
500.032 Declaration of policy and cooperation among 309
departments.— 310
(1) The department shall administer and enforce is charged 311
with the administration and enforcement of this chapter in order 312
to prevent fraud, harm, adulteration, misbranding, or false 313
advertising in the preparation, manufacture, storage, or sale of 314
articles of food. The department shall It is further charged to 315
enforce the provisions of this chapter relating to the 316
production, manufacture, transportation, storage, and sale of 317
food, as well as articles entering into, and intended for use as 318
ingredients in the preparation of, food. 319
Section 7. Paragraphs (a), (b), and (e) of subsection (1), 320
subsection (2), paragraph (a) of subsection (5), and subsection 321
(8) of section 500.12, Florida Statutes, are amended to read: 322
500.12 Food permits; building permits. — 323
(1)(a) A food permit from the department is required of 324
any person who operates a food establishment or retail food 325
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store, except: 326
1. Persons operating minor food outlets that sell food 327
that is commercially prepackaged, not potentially hazardous, and 328
not time or temperature controlled for safety, if the shelf 329
space for those items does not exceed 12 total linear feet and 330
no other food is sold by the minor food outlet. 331
2. Persons subject to continuous, onsite federal or state 332
inspection. 333
3. Persons selling only legumes in the shell, either 334
parched, roasted, or boiled. 335
4. Persons selling sugar cane or sorghum syrup that has 336
been boiled and bottled on a premise located within this the 337
state. Such bottles must contain a label listing the producer's 338
name and street address, all added ingredients, the net weight 339
or volume of the product, and a statement that reads, "This 340
product has not been produced in a facility permitted by the 341
Florida Department of Agriculture and Consumer Services." 342
(b) Each food establishment and retail food store 343
regulated under this chapter must ap ply for and receive a food 344
permit before operation begins. An application for a food permit 345
from the department must be accompanied by a fee in an amount 346
determined by department rule. The department shall adopt by 347
rule a schedule of fees to be paid by eac h food establishment 348
and retail food store as a condition of issuance or renewal of a 349
food permit. Such fees may not exceed $650 and must shall be 350
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used solely for the recovery of costs for the services provided, 351
except that the fee accompanying an applicat ion for a food 352
permit for operating a bottled water plant may not exceed $1,000 353
and the fee accompanying an application for a food permit for 354
operating a packaged ice plant may not exceed $250. The fee for 355
operating a bottled water plant or a packaged ice plant must 356
shall be set by rule of the department. Food permits are not 357
transferable from one person or physical location to another. 358
Food permits must be renewed in accordance with subparagraphs 359
1., 2., and 3. annually on or before January 1. If an 360
application for renewal of a food permit is not received by the 361
department on or before within 30 days after its due date, a 362
late fee not exceeding $100 must be paid in addition to the food 363
permit fee before the department may issue the food permit. The 364
moneys collected must shall be deposited in the General 365
Inspection Trust Fund. 366
1. A food permit issued to a new food establishment on or 367
after September 1, 2023, is valid for 1 calendar year after the 368
date of issuance and must be renewed annually on or before th at 369
date thereafter. 370
2. Effective January 1, 2024, a food permit issued before 371
September 1, 2023, expires on the month and day the initial 372
permit was issued to the food establishment and must be renewed 373
annually on or before that date thereafter. The depa rtment may 374
charge a prorated permit fee for purposes of this subparagraph. 375
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3. The owner of 100 or more permitted food establishment 376
locations may elect to set the expiration of food permits for 377
such establishments as December 31 of each calendar year. 378
(e) The department is the exclusive regulatory and 379
permitting authority for all food outlets, retail food stores, 380
food establishments, convenience stores, and minor food outlets 381
in accordance with this section. Application for a food permit 382
must be made on forms provided by the department, which forms 383
must also contain provision for application for registrations 384
and permits issued by other state agencies and for collection of 385
the food permit fee and any other fees associated with 386
registration, licensing, or applicable surcharges. The details 387
of the application must shall be prescribed by department rule. 388
(2) When any person applies for a building permit to 389
construct, convert, or remodel any food establishment, food 390
outlet, or retail food store, the authority issuing such permit 391
shall make available to the applicant a printed statement, 392
provided by the department, regarding the applicable sanitation 393
requirements for such establishments. A building permitting 394
authority, or municipality or county under whose j urisdiction a 395
building permitting authority operates, may not be held liable 396
for a food establishment , food outlet, or retail food store that 397
does not comply with the applicable sanitation requirements due 398
to failure of the building permitting authority to provide the 399
information as provided in this subsection. 400
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(a) The department shall furnish, for distribution, a 401
statement that includes the checklist to be used by the food 402
inspector in any preoperational inspections to assure that the 403
food establishment is constructed and equipped to meet the 404
applicable sanitary guidelines. Such preoperational inspection 405
is shall be a prerequisite for obtaining a food permit in 406
accordance with this section. 407
(b) The department may provide assistance, when requested 408
by the applicant, in the review of any construction or 409
remodeling plans for food establishments. The department may 410
charge a fee for such assistance which covers the cost of 411
providing the assistance and which must shall be deposited in 412
the General Inspection Tr ust Fund for use in funding the food 413
safety program. 414
(c) A building permitting authority or other subdivision 415
of local government may not require the department to approve 416
construction or remodeling plans for food establishments and 417
retail food stores as a condition of any permit or license at 418
the local level. 419
(5) It is the intent of the Legislature to eliminate 420
duplication of regulatory inspections of food. Regulatory and 421
permitting authority over any food establishment is preempted to 422
the department, except as provided in chapter 379. 423
(a) Food establishments or retail food stores that have 424
ancillary food service activities shall be permitted and 425
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inspected by the department. 426
(8) A person who applies for or renews a local business 427
tax certificate to engage in business as a food establishment or 428
retail food store must exhibit a current food permit or an 429
active letter of exemption from the department before the local 430
business tax certificate may be issued or renewed. 431
Section 8. Subsection (1) of sec tion 500.121, Florida 432
Statutes, is amended to read: 433
500.121 Disciplinary procedures. — 434
(1) In addition to the suspension procedures provided in 435
s. 500.12, if applicable, the department may impose an 436
administrative fine in the Class II category pursuant to s. 437
570.971 against any retail food store, food establishment, or 438
cottage food operation that violates this chapter, which fine, 439
when imposed and paid, must shall be deposited by the department 440
into the General Inspection Trust Fund. The department may 441
revoke or suspend the permit of any such retail food store or 442
food establishment if it is satisfied that the retail food store 443
or food establishment has: 444
(a) Violated this chapter. 445
(b) Violated or aided or abetted in the violation of any 446
law of this state governing or applicable to retail food stores 447
or food establishments or any lawful rules of the department. 448
(c) Knowingly committed, or been a party to, any ma terial 449
fraud, misrepresentation, conspiracy, collusion, trick, scheme, 450
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or device whereby another person, lawfully relying upon the 451
word, representation, or conduct of a retail food store or food 452
establishment, acts to her or his injury or damage. 453
(d) Committed any act or conduct of the same or different 454
character than that enumerated which constitutes fraudulent or 455
dishonest dealing. 456
Section 9. Paragraph (a) of subsection (3) of section 457
500.147, Florida Statutes, is amended to read: 458
500.147 Inspection of food establishments, food records, 459
and vehicles.— 460
(3) For bottled water plants: 461
(a) Bottled water must be from an approved source. Bottled 462
water must be processed in conformance with department rule 21 463
C.F.R. part 129 (2006), and must conform to 21 C.F.R. part 165 464
(2006). A person operating a bottled water plant is shall be 465
responsible for all water sampling and analyses required by this 466
chapter. 467
Section 10. Subsection (1) of section 500.172, Florida 468
Statutes, is amended to read: 469
500.172 Embargoing, detaining, destroying of food, food 470
processing equipment, or areas that are in violation. — 471
(1) When the department, or its duly authorized agent who 472
has received appropriate education and training regarding the 473
legal requirements of this chapter , finds or has probable cause 474
to believe that any food, food processing equipment, food 475
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processing area, or food storage area is in violation of this 476
chapter or any rule adopted under this chapter so as to be 477
dangerous, unwholesome, mislabeled, fraudulent, or insanitary 478
within the meaning of this chapter, an agent of the department 479
may issue and enforce a stop -sale, stop-use, removal, or hold 480
order, which order gives notice that such article, processing 481
equipment, processing area, or storage area is or is s uspected 482
of being in violation and has been detained or embargoed and 483
which order warns all persons not to remove, use, or dispose of 484
such article, processing equipment, processing area, or storage 485
area by sale or otherwise until permission for removal, us e, or 486
disposal is given by the department or the court. A person may 487
not remove, use, or dispose of such detained or embargoed 488
article, processing equipment, processing area, or storage area 489
by sale or otherwise without such permission. 490
Section 11. Section 502.012, Florida Statutes, is 491
reordered and amended to read: 492
502.012 Definitions. —As used in this chapter, the term: 493
(1) "Bulk milk hauler/sampler" means a person who collects 494
official samples and transports raw milk from a farm or raw milk 495
products to or from a milk plant, receiving station, or transfer 496
station and is permitted to sample the milk products by any 497
state regulatory agency charged with implementing the United 498
States Food and Drug Administration's Grade "A" program. 499
(2) "Bulk milk pickup tanker" means a vehicle, including 500
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the truck and tank, and those appurtenances necessary for its 501
use necessary attachments , that is used by a milk hauler to 502
transport bulk raw milk for pasteurization , ultra-503
pasteurization, aseptic processing and packaging, or retort 504
processing after packaging from a dairy farm to a milk plant, 505
receiving station, or transfer station. 506
(3)(2) "Dairy farm" means any place or premises where one 507
or more lactating animals, including cows, goats, sheep, water 508
buffalo, or other hooved mammals , are kept for milking purposes, 509
and from which a part or all of the milk is provided, sold, or 510
offered for sale. 511
(4)(3) "Department" means the Department of Agriculture 512
and Consumer Services. 513
(5)(4) "Frozen dessert" means a spec ific standardized 514
frozen dessert described in 21 C.F.R. part 135 , excluding part 515
135.160 and any other food defined by rule of the department 516
that resembles such standardized frozen dessert but does not 517
conform to the specific description of such standardi zed frozen 518
dessert in 21 C.F.R. part 135. The term includes, but is not 519
limited to, a quiescently frozen confection, a quiescently 520
frozen dairy confection, a frozen dietary dairy dessert, and a 521
frozen dietary dessert . 522
(5) "Frozen desserts manufacturer" m eans a person who 523
manufactures, processes, converts, partially freezes, or freezes 524
any mix or frozen dessert for distribution or sale. 525
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(6) "Frozen desserts plant" means any place that 526
pasteurizes dairy products or receives raw milk for the purpose 527
of manufacturing or processing frozen desserts location or 528
premises at which frozen desserts or mix are manufactured, 529
processed, or frozen for distribution or sale at wholesale . 530
(7) "Frozen desserts retail establishment" means any 531
location or premises, includi ng a retail store, stand, hotel, 532
boardinghouse, restaurant, vehicle, or mobile unit, at which 533
frozen desserts are frozen, partially frozen, or dispensed for 534
sale at retail. 535
(8) "Frozen dietary dairy dessert" or "frozen dietary 536
dessert" means a food for a ny special dietary use, prepared by 537
freezing, with or without agitation, and composed of a 538
pasteurized mix that may contain fat, protein, carbohydrates, 539
natural or artificial sweeteners, flavoring, stabilizers, 540
emulsifiers, vitamins, and minerals. 541
(9) "Grade 'A' pasteurized milk ordinance" means the 542
document entitled "Grade 'A' Pasteurized Milk Ordinance, United 543
States Department of Health and Human Services, Public Health 544
Service, Food and Drug Administration," including all associated 545
appendices, as adopted by department rule. 546
(8)(10) "Imitation milk and imitation milk products" means 547
those foods that have the physical characteristics, such as 548
taste, flavor, body, texture, or appearance, of milk or milk 549
products as defined in this chapter and the Grade "A" 550
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pasteurized milk ordinance but do not come within the definition 551
of "milk" or "milk products" and are nutritionally inferior to 552
the product imitated. 553
(9)(11) "Milk" means the lacteal secretion, practically 554
free from colostrum, obtained by the comple te milking of one or 555
more healthy cows, goats, sheep, water buffalo, or other hooved 556
mammals. 557
(10)(12) "Milk distributor" means any person who offers 558
for sale or sells to another person any milk or milk product. 559
(15)(13) "Milk products" means products made with milk 560
that is processed in some manner, including being whipped, 561
acidified, cultured, concentrated, lactose -reduced, or sodium-562
reduced or aseptically processed, or having the addition or 563
subtraction of milkfat, the addition of safe and suitable 564
microbial organisms, or the addition of safe and suitable 565
optional ingredients for protein, vitamin, or mineral 566
fortification. The term does "Milk products" do not include 567
products such as evaporated milk, condensed milk, eggnog in a 568
rigid metal container, d ietary products, infant formula, or ice 569
cream and other desserts. 570
(18)(14) "Milkfat" or "butterfat" means the fat contained 571
in milk. 572
(11)(15) "Milk hauler" means any person who transports raw 573
milk or raw milk products to or from a milk plant, receiving 574
station, or transfer station. 575
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(12)(16) "Milk plant" means any place, premises, or 576
establishment where milk or milk products are collected, 577
handled, processed, stored, pasteurized, ultra-pasteurized, 578
aseptically processed and packaged, retort processed after 579
packaging, condensed, dried, packaged , bottled, or prepared for 580
distribution. 581
(13)(17) "Milk plant operator" means any person 582
responsible for receiving, processing, pasteurizing, or 583
packaging milk and milk products, or performing any other 584
related operation. 585
(14)(18) "Milk producer" means any person who operates a 586
dairy farm and provides, sells, or offers for sale milk to a 587
milk plant, receiving station, or transfer station. 588
(16)(19) "Milk tank truck" means either a bulk milk pickup 589
tanker or a milk transport tank. 590
(17)(20) "Milk transport tank" means a vehicle, including 591
the truck and tank, used by a bulk milk hauler/sampler or a milk 592
hauler to transport bulk shipments of milk from a milk plant, 593
receiving station, or transfer station to another milk plant, 594
receiving station, or transfer station. 595
(21) "Quiescently frozen confection" means a clean and 596
wholesome frozen, sweetened, flavo red product that, while being 597
frozen, was not stirred or agitated (generally known as 598
quiescent freezing). The confection may be acidulated with food -599
grade acid, may contain milk solids or water, or may be made 600
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with or without added harmless pure or imitat ion flavoring and 601
with or without harmless coloring. The finished product must not 602
contain more than 0.5 percent by weight of stabilizer composed 603
of wholesome, edible material and must not contain less than 17 604
percent by weight of total food solids. In the production of the 605
confection, processing or mixing before quiescent freezing that 606
develops in the finished confection mix any physical expansion 607
in excess of 10 percent may not be used. 608
(22) "Quiescently frozen dairy confection" means a clean 609
and wholesome frozen product made from water, milk products, and 610
sugar, with added harmless pure or imitation flavoring, with or 611
without added harmless coloring, with or without added 612
stabilizer, or with or without added emulsifier, that, while 613
being frozen, was not stirred or agitated (generally known as 614
quiescent freezing). The confection must not contain less than 615
13 percent by weight of total milk solids, less than 33 percent 616
by weight of total food solids, more than 0.5 percent by weight 617
of stabilizer, or more t han 0.2 percent by weight of emulsifier. 618
Stabilizer and emulsifier must be composed of wholesome, edible 619
material. In the production of a quiescently frozen dairy 620
confection, processing or mixing before quiescently freezing 621
that develops in the finished co nfection mix any physical 622
expansion in excess of 10 percent may not be used. 623
(19)(23) "Raw milk" means unpasteurized unprocessed milk. 624
(20)(24) "Receiving station" means any place, premises, or 625
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establishment where raw milk is received, collected, handl ed, 626
stored, or cooled and is prepared for further transporting. 627
(21) "Reconstituted milk or milk products" or "recombined 628
milk or milk products" means milk or milk products that result 629
from reconstituting or recombining milk constituents with 630
potable water. 631
(22) "Retail" means the sale of goods to the public for 632
use or consumption rather than for resale. 633
(23)(25) "Substitute milk and substitute milk products" 634
means those foods that have the physical characteristics, such 635
as taste, flavor, body, textur e, or appearance, of milk or milk 636
products as defined in this chapter and the Grade "A" 637
pasteurized milk ordinance but do not come within the definition 638
of "milk" or "milk products" and are nutritionally equivalent to 639
the product for which they are substit utes. 640
(24)(26) "Transfer station" means any place, premises, or 641
establishment where milk or milk products are transferred 642
directly from one milk tank truck to another. 643
(25) "Ultra-pasteurization (UP)" means a process in which 644
milk or milk product is thermally processed at or above 138 645
degrees Celsius or 280 degrees Fahrenheit for at least 2 646
seconds, before or after packaging, so as to produce a milk or 647
milk product that has an extended shelf -life under refrigerated 648
conditions. 649
(26)(27) "Washing station" means any place, premises, or 650
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establishment where milk tank trucks are cleaned and sanitized. 651
(27) "Wholesale" means the selling of goods in quantity to 652
be retailed by others. 653
Section 12. Paragraph (d) of subsection (1) of section 654
502.013, Florida Statutes, is amended to read: 655
502.013 Purpose; intent. — 656
(1) PURPOSE.—The purpose of this chapter is to: 657
(d) Ensure the normal flow of fresh wholesome milk and 658
milk products from the farmer to the consumer by uniform 659
regulation of the shelf life of milk and milk products in this 660
state. 661
Section 13. Paragraph (a) of subsection (2) of section 662
502.014, Florida Statutes, is amended to read: 663
502.014 Powers and duties. — 664
(2)(a) The department shall permit, conduct onsite 665
inspections of, and collect samples for testing from all 666
facilities engaged in the production, processing, holding, or 667
transfer of milk and milk products dairy farms, milk plants, and 668
frozen dessert plants and collect test samples of milk, milk 669
products, and frozen desserts as requir ed by this chapter. 670
Section 14. Section 502.042, Florida Statutes, is amended 671
to read: 672
502.042 Labeling of shelf life. —To ensure consumers full 673
disclosure of the date beyond which milk or milk products may no 674
longer be offered for sale, all dairy pro cessors must shall 675
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establish, and legibly label as prescribed by rule of the 676
department, the maximum shelf -life period during which milk and 677
milk products may be offered for sale. For purposes of this 678
requirement, the term to "legibly label" means to label the 679
package or container with conspicuous and easily readable 680
boldfaced print or type in distinct contrast to the background, 681
by color. The department shall periodically conduct shelf -life 682
studies to review the keeping quality of milk and milk products 683
and shall sample periodically the products of the dairy 684
processors to determine if the shelf -life dating used by the 685
processors complies with the minimum standards of quality. 686
Section 15. Paragraphs (a) and (b) of subsection (1), 687
paragraph (d) of subsect ion (3), and paragraphs (a) and (c) of 688
subsection (4) of section 502.053, Florida Statutes, are amended 689
to read: 690
502.053 Permits and fees; requirements; exemptions; 691
temporary permits.— 692
(1) PERMITS.— 693
(a) All facilities engaged in the production, proce ssing, 694
holding, or transfer of milk and milk products Each Grade "A" 695
milk plant, whether located in the state or outside the state, 696
and each manufacturing milk plant, milk producer, milk hauler, 697
milk hauling service, washing station operator, milk plant 698
operator, milk distributor, single -service-container 699
manufacturer, receiving station, and transfer station in this 700
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the state must shall apply to the department for a permit to 701
operate. The application must shall be on forms developed by the 702
department. 703
(b) Each frozen dessert plant , whether located in the 704
state or outside the state, that manufactures frozen desserts or 705
other products defined in this chapter and offers these products 706
for wholesale for sale in this state must apply to the 707
department for a permit to operate. The application must be 708
submitted on a form forms prescribed by the department. All 709
frozen dessert permits expire on June 30 of each year. 710
(3) REQUIREMENTS.— 711
(d) Each frozen dessert plant permitholder must report 712
monthly, quarterly, s emiannually, or annually, as required by 713
the department, the number of gallons of frozen dessert or 714
frozen dessert mix sold or manufactured by the permitholder in 715
this state. 716
(4) EXEMPTIONS.— 717
(a) The following persons are shall be exempt from bulk 718
milk hauler/sampler hauler permit requirements: 719
1. Milk producers who transport milk or milk products only 720
from their own dairy farms. 721
2. Employees of a milk distributor or milk plant operator 722
who possesses a valid permit. 723
3. Drivers of bulk milk tank tr ucks between locations who 724
do not collect milk from farms. 725
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(c) Frozen desserts retail establishments as defined in s. 726
502.012 are exempt from this chapter. 727
Section 16. Subsections (1) and (4) of section 502.181, 728
Florida Statutes, are amended to read: 729
502.181 Prohibited acts. —It is unlawful for any person in 730
this state to: 731
(1) Engage in the business of producing, hauling, 732
transferring, receiving, processing, packaging, or distributing 733
milk, milk products, or frozen desserts or operating a washing 734
station, manufacturing single -service containers, or 735
manufacturing imitation or substitute milk or milk products , or 736
testing for milkfat content, without first obtaining a permit or 737
license from the department. 738
(4) Repasteurize milk. 739
Section 17. Paragraph (b) of subsection (1) of section 740
502.231, Florida Statutes, is amended to read: 741
502.231 Penalty and injunction. — 742
(1) The department may enter an order imposing one or more 743
of the following penalties against any person who violates any 744
provision of this chapter: 745
(b) Imposition of an administrative fine: 746
1. In the Class II category pursuant to s. 570.971 for 747
each violation in the case of a frozen dessert licensee; or 748
2. Ten percent of the license fee or $100, whichever is 749
greater, for failure to report the information described in s. 750
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502.053(3)(d); or 751
3. In the Class I category pursuant to s. 570.971 for each 752
occurrence for any other violation. 753
754
When imposing a fine under this paragraph, the department must 755
consider the degree and extent of harm caused by the violation, 756
the cost of rectifying the damage, the benefit to the violator, 757
whether the violation was committed willfully, and the 758
violator's compliance record. 759
Section 18. Section 502.301, Florida Statutes, is 760
repealed. 761
Section 19. Section 570.161, Florida Statutes, is created 762
to read: 763
570.161 E-mail address of record. — 764
(1) In addition to any other requirement set forth in law, 765
each person licensed or permitted by the department shall notify 766
the department in writing of the person's e-mail address. The 767
failure to notify the department of a change in any e -mail 768
address provided to the department constitutes a violation of 769
this section and may be subject to the penalties provided in s. 770
570.971(3). 771
(2)(a) Notwithstanding any other provision of law, service 772
by e-mail to a person's e -mail address of record constitutes 773
adequate and sufficient notice when required by law, except when 774
other service is required pursuant to s. 120.60. 775
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(b) If the department receives notification tha t service 776
by e-mail, as authorized by this section, has failed, the 777
department may provide notice to the person by calling the 778
person's last known telephone number of record, mailing the 779
notice to the last known address, or posting a short, plain 780
notice to the person on the department's website. 781
Section 20. Section 570.23, Florida Statutes, is repealed. 782
Section 21. Subsections (10) through (13) of section 783
570.71, Florida Statutes, are renumbered as subsections (11) 784
through (14), respectively, and a new subsection (10) is added 785
to that section to read: 786
570.71 Conservation easements and agreements. — 787
(10) Notwithstanding any other law or rule, the department 788
shall submit a purchase agreement authorized by this section to 789
the Board of Trustees of the Internal Improvement Trust Fund for 790
approval if the purchase price exceeds $5 million. 791
Section 22. Paragraph (b) of subsection (1) of section 792
570.715, Florida Statutes, is amended to read: 793
570.715 Conservation easement acquisition procedures. — 794
(1) For less than fee simple acquisitions pursuant to s. 795
570.71, the Department of Agriculture and Consumer Services 796
shall comply with the following acquisition procedures: 797
(b) Before approval by the board of trustees of an 798
agreement to purchase less than f ee simple title to land 799
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pursuant to s. 570.71, an appraisal of the parcel shall be 800
required as follows: 801
1. Each parcel to be acquired shall have at least one 802
appraisal. Two appraisals are required when the estimated value 803
of the parcel exceeds $5 $1 million. However, when both 804
appraisals exceed $5 $1 million and differ significantly, a 805
third appraisal may be obtained. 806
2. Appraisal fees and associated costs shall be paid by 807
the department. All appraisals used for the acquisition of less 808
than fee simple interest in lands pursuant to this section shall 809
be prepared by a state -certified appraiser who meets the 810
standards and criteria established by rule of the board of 811
trustees. Each appraiser selected to appraise a particular 812
parcel shall, before contracting with the department or a 813
participant in a multiparty agreement, submit to the department 814
or participant an affidavit substantiating that he or she has no 815
vested or fiduciary interest in such parcel. 816
Section 23. Section 570.843, Florida Statutes, is 817
repealed. 818
Section 24. Upon the expiration and reversion of the 819
amendment made to section 570.93, Florida Statutes, pursuant to 820
section 63 of chapter 2022 -157, Laws of Florida, paragraph (a) 821
of subsection (1) of section 570.93, Florida Statutes, is 822
amended to read: 823
570.93 Department of Agriculture and Consumer Services; 824
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agricultural water conservation and agricultural water supply 825
planning.— 826
(1) The department shall establish an agricultural water 827
conservation program that includes the following: 828
(a) A cost-share program, coordinated where appropriate 829
with the United States Department of Agriculture and other 830
federal, state, regional, and local agencies , when appropriate, 831
for irrigation system retrofit and application of mobile 832
irrigation laboratory evaluations, and for water conservation as 833
provided in this section and, where applicable, for water 834
quality improvement pursuant to s. 403.067(7)(c). 835
Section 25. Present subsections (8) through (13) and (14) 836
through (44) of section 576.011, Florida Statutes, are 837
redesignated as subsections (9) through (14) and (16) through 838
(46), respectively, new subsections (8) and (15) are added to 839
that section, and present subsections (15), (19), and (36) of 840
that section are amended, to read: 841
576.011 Definitions.—When used in this chapter, the term: 842
(8) "Controlled release fertilizers" means a slow release 843
fertilizer engineered to provide nutrients over time at a 844
predictable rate under specified conditions. 845
(15) "Fertilizer material" means a fertilizer that meets 846
one of the following requirements: 847
(a) Contains important quantities of no more than one of 848
the primary nutrients: nitrogen (N), phosphate (P 2O5), and potash 849
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(K2O). 850
(b) Has 85 percent or more of its plant nutrient content 851
present in the form of a single chemical compound. 852
(c) Is derived from a plant or an animal residue or 853
byproduct or a natural material deposit that has been processed 854
in such a way that its content of plant nutrients has not been 855
materially changed except by purification and co ncentration. 856
(17)(15) "Grade" means the percentages in fertilizer of 857
total nitrogen expressed as N, available phosphorus expressed as 858
P2O5, and soluble potassium expressed as K 2O, stated in whole 859
numbers in the same terms, order, and percentages as in th e 860
guaranteed analysis. However, specialty fertilizer may be 861
guaranteed in fractional units of less than 1 percent of total 862
nitrogen, available phosphate, and soluble potash. Fertilizer 863
materials, bone meal, manures, and similar materials may be 864
guaranteed in fractional units in that order. 865
(21)(19) "Labeling" means all labels and other written, 866
printed, or graphic matters upon an article or any of its 867
containers or wrappers , or accompanying such article. 868
(38)(36) "Slow or controlled release fertilizer" means a 869
fertilizer in a form that releases, or converts to a plant -870
available form, plant nutrients at a slower rate relative to an 871
appropriate reference soluble product containing a plant 872
nutrient in a form which delays its availability for plant 873
uptake and use after application, or which extends its 874
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availability to the plant significantly longer than a reference 875
"rapidly available nutrient fertilizer," such as ammonium 876
nitrate or urea, ammonium phosphate, or potassium chloride . 877
Section 26. Subsection (14) of section 581.217, Florida 878
Statutes, is repealed. 879
Section 27. Section 585.008, Florida Statutes, is 880
repealed. 881
Section 28. Subsection (4) of section 586.045, Florida 882
Statutes, is amended to read: 883
586.045 Certificates of registration and inspe ction.— 884
(4) The department shall provide to each person subject to 885
this section written notice and renewal forms at least 30 60 886
days before prior to the annual renewal date informing the 887
person of the certificate of registration renewal date and the 888
application fee. 889
Section 29. Subsection (16) is added to section 595.404, 890
Florida Statutes, to read: 891
595.404 School food and other nutrition programs; powers 892
and duties of the department. —The department has the following 893
powers and duties: 894
(16) To adopt and implement an exemption, waiver, and 895
variance process by rule, as required by federal regulations, 896
for sponsors under the programs implemented pursuant to this 897
chapter, notwithstanding s. 120.542. 898
Section 30. Section 597.003, Florida Statutes, is amended 899
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to read: 900
597.003 Powers and duties of Department of Agriculture and 901
Consumer Services.— 902
(1) The department is hereby designated as the lead agency 903
in regulating and encouraging the development of aquaculture in 904
this the state and has shall have and shall exercise the 905
following functions, powers, and duties with regard to 906
aquaculture: 907
(a) Issue or deny aquaculture certificates that identify 908
aquaculture producers and aquaculture products, and collect all 909
related fees. The department may revoke a n aquaculture 910
certificate of registration issued pursuant to s. 597.004 upon a 911
finding that aquaculture is not the primary purpose of the 912
certified entity's operation. 913
(b) Coordinate the development, annual revision, and 914
implementation of a state aquacul ture plan. The plan must shall 915
include prioritized recommendations for research and development 916
as suggested by the Aquaculture Review Council and public and 917
private institutional research, extension, and service programs. 918
(c) Develop memoranda of agreem ent, as needed, with the 919
Department of Environmental Protection, the Fish and Wildlife 920
Conservation Commission, the Florida Sea Grant Program, and 921
other groups as provided in the state aquaculture plan. 922
(d) Provide staff for the Aquaculture Review Counci l. 923
(e) Forward the annually revised state aquaculture plan to 924
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the commissioner and to the chairs of the House Committee on 925
Agriculture and Consumer Services and the Senate Committee on 926
Agriculture 1 month before prior to submission of the 927
department's legislative budget request to the Governor. 928
(f) Upon the appropriation of funds by the Legislature, 929
submit the list of research and development projects proposed to 930
be funded through the department as identified in the state 931
aquaculture plan, along with the department's legislative budget 932
request to the Governor, the President of the Senate, and the 933
Speaker of the House of Representatives. If funded, These 934
projects must shall be contracted for by the Division of 935
Aquaculture and must shall require public-private partnerships, 936
when appropriate. The contracts must shall require a percentage 937
of the profit generated by the project to be deposited into the 938
General Inspection Trust Fund solely for funding aquaculture 939
projects recommended by the Aquaculture Review C ouncil. 940
(g) Provide developmental assistance to the various 941
sectors of the aquaculture industry as determined in the state 942
aquaculture plan. 943
(h) Assist persons seeking to engage in aquaculture when 944
applying for the necessary permits and serve as ombudsman to 945
resolve complaints or otherwise resolve problems arising between 946
aquaculture producers and regulatory agencies. 947
(i) Develop and propose to the Legislature legislation 948
necessary to implement the state aquaculture plan or to 949
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otherwise encourage the development of aquaculture in this the 950
state. 951
(j) Issue or deny any license or permit authorized or 952
delegated to the department by the Legislature or through 953
memorandum of understanding with other state or federal agencies 954
that furthers the intent of the Legislature to place the 955
regulation of aquaculture in the department. 956
(k) Make available state lands and the water column for 957
the purpose of producing aquaculture products when the 958
aquaculture activity is compatible with state resource 959
management goals, environmental protection, and proprietary 960
interest and when such state lands and waters are determined to 961
be suitable for aquaculture development by the Board of Trustees 962
of the Internal Improvement Trust Fund pursuant to s. 253.68; 963
provide training as necessary to lessees; and be responsible for 964
all saltwater aquaculture activities located on sovereignty 965
submerged land or in the water column above such land and 966
adjacent facilities directly related to the aquaculture 967
activity. 968
1. The department sha ll act in cooperation with other 969
state and local agencies and programs to identify and designate 970
sovereignty lands and waters that would be suitable for 971
aquaculture development. 972
2. The department shall identify and evaluate specific 973
tracts of sovereignty submerged lands and water columns in 974
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various areas of the state to determine where such lands and 975
waters are suitable for leasing for aquaculture purposes. 976
Nothing in This subparagraph or subparagraph 1. does not shall 977
preclude the applicant from applying for sites identified by the 978
applicant. 979
3. The department shall provide assistance in developing 980
technologies applicable to aquaculture activities, evaluate 981
practicable production alternatives, and provide agreements to 982
develop innovative culture practic es. 983
(l) Act as a clearinghouse for aquaculture applications, 984
and act as a liaison between the Fish and Wildlife Conservation 985
Commission, the Division of State Lands, the Department of 986
Environmental Protection district offices, other divisions 987
within the Department of Environmental Protection, and the water 988
management districts. The Department of Agriculture and Consumer 989
Services is shall be responsible for regulating marine 990
aquaculture producers, except as specifically provided herein. 991
(2) The specific delegation of authority granted under 992
subsection (1) is intended to place responsibility and may not 993
be construed so as to prevent the respective state agencies from 994
cooperating with each other by exchanging information and 995
providing copies of reports when deemed advisable. 996
(3) The department may employ such persons as are 997
necessary to perform its duties under this chapter. 998
Section 31. Present subsections (3) through (6) of section 999
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597.004, Florida Statutes, are redesignated as subsections (4) 1000
through (7), respectively, a new subsection (3) is added to that 1001
section, and paragraphs (b) and (g) of subsection (2), present 1002
subsection (3), and paragraph (a) of present subsection (5) of 1003
that section are amended, to read: 1004
597.004 Aquaculture certificate of registration.— 1005
(2) RULES.— 1006
(b) Rules adopted pursuant to this subsection shall become 1007
effective pursuant to the applicable provisions of chapter 120, 1008
but must be submitted to the President of the Senate and the 1009
Speaker of the House of Representatives f or review by the 1010
Legislature. The rules shall be referred to the appropriate 1011
committees of substance and scheduled for review during the 1012
first available regular session following adoption. Except as 1013
otherwise provided by operation of law, such rules shall remain 1014
in effect until rejected or modified by act of the Legislature. 1015
(g) Any alligator producer with an alligator farming 1016
license and permit to establish and operate an alligator farm 1017
shall be issued an aquaculture certificate of registration 1018
pursuant to this section. This chapter does not supersede the 1019
authority under chapter 379 to regulate alligator farms and 1020
alligator farmers. 1021
(3) INSPECTIONS OF AQUACULTURE PRODUCTS. —The Legislature 1022
intends to eliminate duplication of regulatory inspections of 1023
aquaculture products. The regulatory and permitting authority 1024
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over all aquaculture products as defined in s. 597.0015 is 1025
preempted to the department. 1026
(a) Shellfish processing facilities are licensed pursuant 1027
to s. 597.020. 1028
(b) Facilities operated by state agencies, local 1029
governments, educational institutions, research institutions, or 1030
restoration organizations which maintain aquaculture products 1031
for educational, scientific, demonstration, experimental, or 1032
restoration activities related to aquaculture are l icensed 1033
pursuant to this section. 1034
(c) Facilities culturing crocodilians of the order 1035
Crocodilia are dually regulated by the department and the Fish 1036
and Wildlife Conservation Commission. Any alligator producer 1037
issued an aquaculture certificate of registra tion pursuant to 1038
this section must also maintain an alligator farming license 1039
from the Fish and Wildlife Conservation Commission. This chapter 1040
does not supersede the authority under chapter 379 to regulate 1041
alligator farms and alligator farmers. 1042
(4)(3) FEES.—Effective July 1, 1997, All fees collected 1043
pursuant to this section shall be deposited into the General 1044
Inspection Trust Fund in the Department of Agriculture and 1045
Consumer Services. 1046
(6)(5) SALE OF AQUACULTURE PRODUCTS. — 1047
(a) Aquaculture products, ex cept shellfish, snook, and any 1048
fish of the genus Micropterus, excluding Micropterus salmoides 1049
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floridanus, and prohibited and restricted nonnative freshwater 1050
and marine species identified in the Aquaculture Best Management 1051
Practices manual by rules of the Fish and Wildlife Conservation 1052
Commission, may be sold by an aquaculture producer certified 1053
pursuant to this section or by a dealer licensed pursuant to 1054
part VII of chapter 379 without restriction so long as the 1055
product origin can be identified. 1056
Section 32. Subsection (1) and paragraph (c) of subsection 1057
(3) of section 597.005, Florida Statutes, are amended, and 1058
paragraph (e) of subsection (3) of that section is reenacted, to 1059
read: 1060
597.005 Aquaculture Review Council. — 1061
(1) COMPOSITION.—There is created within the department 1062
the Aquaculture Review Council to consist of eight members as 1063
follows: the chair of the State Agricultural Advisory Council or 1064
designee and seven additional members to be appointed by the 1065
commissioner, including an alligator farmer, a food fish farmer, 1066
a shellfish farmer, a tropical fish farmer, an aquatic plant 1067
farmer, a representative of the commercial fishing industry, and 1068
a representative of the aquaculture industry at large. Members 1069
shall be appointed for 4 -year terms. Each memb er shall be 1070
selected from no fewer than two or more than three nominees 1071
submitted by recognized statewide organizations representing 1072
each industry segment or the aquaculture industry at large. In 1073
the absence of nominees, the commissioner shall appoint pers ons 1074
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who otherwise meet the qualifications for appointment to the 1075
council. Members shall serve until their successors are duly 1076
qualified and appointed. An appointment to fill a vacancy shall 1077
be for the unexpired portion of the term. 1078
(3) RESPONSIBILITIES. —The primary responsibilities of the 1079
Aquaculture Review Council are to: 1080
(c) Submit to the commissioner on an annual basis: 1081
1. Upon the appropriation of funds by the Legislature, a 1082
prioritized list of research projects to be funded by the 1083
department included in the department's legislative budget 1084
request. Each year, the council shall review the aquaculture 1085
legislative budget requests submitted to the department and rank 1086
them according to the state aquaculture plan. 1087
2. Recommendations to be forwarded to the Speaker of the 1088
House of Representatives and the President of the Senate on 1089
legislation needed to help the aquaculture industry. 1090
3. Recommendations on aquaculture projects, activities, 1091
research, and regulation and other needs to further the 1092
development of the aquaculture industry. 1093
(e) Assist the department in carrying out duties 1094
identified in s. 597.003 by studying aquaculture issues and 1095
making recommendations for regulating and permitting aquaculture 1096
and in the development, revision, and implementat ion of the 1097
state aquaculture plan. 1098
Section 33. Subsection (1) of section 599.002, Florida 1099
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Statutes, is amended to read: 1100
599.002 Viticulture Advisory Council. — 1101
(1) There is created within the Department of Agriculture 1102
and Consumer Services the Vitic ulture Advisory Council, to 1103
consist of eight members as follows: the president of the 1104
Florida Grape Growers' Association or a designee thereof; the 1105
viticulture representative of the State Agricultural Advisory 1106
Council; a representative from the Institute o f Food and 1107
Agricultural Sciences; a representative from the viticultural 1108
science program at Florida Agricultural and Mechanical 1109
University; and five four additional commercial members, to be 1110
appointed for a 2-year term each by the Commissioner of 1111
Agriculture, including a wine producer, a fresh fruit producer, 1112
a nonwine product (juice, jelly, pie fillings, etc.) producer, 1113
and a viticultural nursery operator. 1114
Section 34. Paragraph (q) is added to subsection (4) of 1115
section 934.50, Florida Statutes, to read : 1116
934.50 Searches and seizure using a drone. — 1117
(4) EXCEPTIONS.—This section does not prohibit the use of 1118
a drone: 1119
(q) By a non-law enforcement employee of the Department of 1120
Agriculture and Consumer Services for activities for the 1121
purposes of managing and eradicating plant or animal diseases. 1122
Section 35. Paragraph (i) of subsection (3) of section 1123
259.105, Florida Statutes, is amended to read: 1124
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259.105 The Florida Forever Act. — 1125
(3) Less the costs of issuing and the costs of funding 1126
reserve accounts and other costs associated with bonds, the 1127
proceeds of cash payments or bonds issued pursuant to this 1128
section shall be deposited into the Florida Forever Trust Fund 1129
created by s. 259.1051. The proceeds shall be distributed by the 1130
Department of Environmen tal Protection in the following manner: 1131
(i) Three and five-tenths percent to the Department of 1132
Agriculture and Consumer Services for the acquisition of 1133
agricultural lands, through perpetual conservation easements and 1134
other perpetual less than fee techniq ues, which will achieve the 1135
objectives of Florida Forever and s. 570.71. Rules concerning 1136
the application, acquisition, and priority ranking process for 1137
such easements shall be developed pursuant to s. 570.71(11) s. 1138
570.71(10) and as provided by this parag raph. The board shall 1139
ensure that such rules are consistent with the acquisition 1140
process provided for in s. 570.715. The rules developed pursuant 1141
to s. 570.71(11) s. 570.71(10), shall also provide for the 1142
following: 1143
1. An annual priority list shall be de veloped pursuant to 1144
s. 570.71(11) s. 570.71(10), submitted to the council for 1145
review, and approved by the board pursuant to s. 259.04. 1146
2. Terms of easements and acquisitions proposed pursuant 1147
to this paragraph shall be approved by the board and may not b e 1148
delegated by the board to any other entity receiving funds under 1149
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this section. 1150
3. All acquisitions pursuant to this paragraph shall 1151
contain a clear statement that they are subject to legislative 1152
appropriation. 1153
1154
Funds provided under this paragraph may n ot be expended until 1155
final adoption of rules by the board pursuant to s. 570.71. 1156
Section 36. For the purpose of incorporating the amendment 1157
made by this act to section 500.03, Florida Statutes, in a 1158
reference thereto, paragraph (a) of subsection (4) of section 1159
373.016, Florida Statutes, is reenacted to read: 1160
373.016 Declaration of policy. — 1161
(4)(a) Because water constitutes a public resource 1162
benefiting the entire state, it is the policy of the Legislature 1163
that the waters in the state be managed on a s tate and regional 1164
basis. Consistent with this directive, the Legislature 1165
recognizes the need to allocate water throughout the state so as 1166
to meet all reasonable -beneficial uses. However, the Legislature 1167
acknowledges that such allocations have in the past a dversely 1168
affected the water resources of certain areas in this state. To 1169
protect such water resources and to meet the current and future 1170
needs of those areas with abundant water, the Legislature 1171
directs the department and the water management districts to 1172
encourage the use of water from sources nearest the area of use 1173
or application whenever practicable. Such sources shall include 1174
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all naturally occurring water sources and all alternative water 1175
sources, including, but not limited to, desalination, 1176
conservation, reuse of nonpotable reclaimed water and 1177
stormwater, and aquifer storage and recovery. Reuse of potable 1178
reclaimed water and stormwater shall not be subject to the 1179
evaluation described in s. 373.223(3)(a) -(g). However, this 1180
directive to encourage the use of water, whenever practicable, 1181
from sources nearest the area of use or application shall not 1182
apply to the transport and direct and indirect use of water 1183
within the area encompassed by the Central and Southern Florida 1184
Flood Control Project, nor shall it a pply anywhere in the state 1185
to the transport and use of water supplied exclusively for 1186
bottled water as defined in s. 500.03(1)(d), nor shall it apply 1187
to the transport and use of reclaimed water for electrical power 1188
production by an electric utility as defi ned in s. 366.02(4). 1189
Section 37. For the purpose of incorporating the amendment 1190
made by this act to section 500.03, Florida Statutes, in a 1191
reference thereto, subsection (3) of section 373.223, Florida 1192
Statutes, is reenacted to read: 1193
373.223 Conditions for a permit.— 1194
(3) Except for the transport and use of water supplied by 1195
the Central and Southern Florida Flood Control Project, and 1196
anywhere in the state when the transport and use of water is 1197
supplied exclusively for bottled water as defined in s. 1198
500.03(1)(d), any water use permit applications pending as of 1199
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April 1, 1998, with the Northwest Florida Water Management 1200
District and self-suppliers of water for which the proposed 1201
water source and area of use or application are located on 1202
contiguous private properties, when evaluating whether a 1203
potential transport and use of ground or surface water across 1204
county boundaries is consistent with the public interest, 1205
pursuant to paragraph (1)(c), the governing board or department 1206
shall consider: 1207
(a) The proximity of the proposed water source to the area 1208
of use or application. 1209
(b) All impoundments, streams, groundwater sources, or 1210
watercourses that are geographically closer to the area of use 1211
or application than the proposed source, and that are 1212
technically and economically feasible for the proposed transport 1213
and use. 1214
(c) All economically and technically feasible alternatives 1215
to the proposed source, including, but not limited to, 1216
desalination, conservation, reuse of nonpotable reclaimed water 1217
and stormwater, and aquifer storage and recovery. 1218
(d) The potential environmental impacts that may result 1219
from the transport and use of water from the proposed source, 1220
and the potential environmental impacts that may result from use 1221
of the other water sources identified in paragraphs (b) and (c). 1222
(e) Whether existing and reasonably anticipated sources of 1223
water and conservation efforts are adequate to supply water for 1224
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existing legal uses and reasonably anticipated future needs of 1225
the water supply planning region in which the proposed water 1226
source is located. 1227
(f) Consultations with local governments affected by the 1228
proposed transport and use. 1229
(g) The value of the existing capital investment in water -1230
related infrastructure made by the applicant. 1231
1232
Where districtwide wate r supply assessments and regional water 1233
supply plans have been prepared pursuant to ss. 373.036 and 1234
373.709, the governing board or the department shall use the 1235
applicable plans and assessments as the basis for its 1236
consideration of the applicable factors i n this subsection. 1237
Section 38. For the purpose of incorporating the amendment 1238
made by this act to section 500.03, Florida Statutes, in a 1239
reference thereto, paragraph (a) of subsection (2) of section 1240
373.701, Florida Statutes, is reenacted to read: 1241
373.701 Declaration of policy. —It is declared to be the 1242
policy of the Legislature: 1243
(2)(a) Because water constitutes a public resource 1244
benefiting the entire state, it is the policy of the Legislature 1245
that the waters in the state be managed on a state and re gional 1246
basis. Consistent with this directive, the Legislature 1247
recognizes the need to allocate water throughout the state so as 1248
to meet all reasonable -beneficial uses. However, the Legislature 1249
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acknowledges that such allocations have in the past adversely 1250
affected the water resources of certain areas in this state. To 1251
protect such water resources and to meet the current and future 1252
needs of those areas with abundant water, the Legislature 1253
directs the department and the water management districts to 1254
encourage the use of water from sources nearest the area of use 1255
or application whenever practicable. Such sources shall include 1256
all naturally occurring water sources and all alternative water 1257
sources, including, but not limited to, desalination, 1258
conservation, reuse o f nonpotable reclaimed water and 1259
stormwater, and aquifer storage and recovery. Reuse of potable 1260
reclaimed water and stormwater shall not be subject to the 1261
evaluation described in s. 373.223(3)(a) -(g). However, this 1262
directive to encourage the use of water, whenever practicable, 1263
from sources nearest the area of use or application shall not 1264
apply to the transport and direct and indirect use of water 1265
within the area encompassed by the Central and Southern Florida 1266
Flood Control Project, nor shall it apply anywhe re in the state 1267
to the transport and use of water supplied exclusively for 1268
bottled water as defined in s. 500.03(1)(d), nor shall it apply 1269
to the transport and use of reclaimed water for electrical power 1270
production by an electric utility as defined in s. 3 66.02(4). 1271
Section 39. This act shall take effect July 1, 2023. 1272