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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 of Revenue to 16
accept Florida farm TEAM card applications beginning 17
on a specified date; authorizing the Department of 18
Revenue to adopt emergency rules; providing f or the 19
expiration of such authority; amending s. 213.053, 20
F.S.; authorizing the Department of Revenue to make 21
certain information available to the Department of 22
Agriculture and Consumer Services for the purpose of 23
administering the Florida farm TEAM card; creating s. 24
287.0823, 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 commoditi es; authorizing 29
competitive solicitations for such food commodities to 30
give preference to certain vendors; requiring the 31
Department of Management Services to provide a 32
biennial report to the Governor, the Cabinet, and the 33
Legislature by a specified date; r equiring the 34
department to adopt by rule a specified form; 35
requiring certain state entities to submit the form to 36
the department biennially by a specified date; 37
providing requirements for the report; amending s. 38
500.03, F.S.; revising, redefining, and dele ting 39
terms; revising construction regarding the selling of 40
food; amending s. 500.032, F.S.; requiring the 41
Department of Agriculture and Consumer Services to 42
administer and enforce certain provisions relating to 43
the storage of food; amending s. 500.12, F.S. ; 44
revising the types of entities required to obtain food 45
permits from the department; conforming provisions to 46
changes made by the act; requiring food permits to be 47
annually renewed in accordance with certain 48
provisions; authorizing the department to charg e a 49
prorated fee for certain purposes; requiring late fees 50
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for applications not received on or before their due 51
date; amending s. 500.121, F.S.; conforming provisions 52
to changes made by the act; amending s. 500.147, F.S.; 53
requiring bottled water to be proc essed in conformance 54
with department rule; amending s. 500.172, F.S.; 55
authorizing an agent of the department to take 56
specified actions regarding mislabeled food; 57
reordering and amending s. 502.012, F.S.; defining, 58
revising, and redefining terms; amending s . 502.013, 59
F.S.; revising the purpose of certain provisions 60
regarding milk and milk products; amending s. 502.014, 61
F.S.; revising the authority of the department to 62
permit and collect samples of products for testing at 63
certain facilities; amending s. 502.0 42, F.S.; 64
deleting a provision requiring the department to 65
periodically conduct certain shelf -life studies and to 66
sample certain milk products; making technical 67
changes; amending s. 502.053, F.S.; revising the milk 68
facilities required to apply for a permit to operate; 69
requiring operating permits for certain frozen dessert 70
plants; deleting a requirement that frozen dessert 71
plant permitholders submit specified reports to the 72
department; conforming provisions to changes made by 73
the act; amending s. 502.181, F. S.; deleting 74
prohibitions against certain testing for milkfat 75
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content and for repasteurizing milk; amending s. 76
502.231, F.S.; conforming a provision to changes made 77
by the act; repealing s. 502.301, F.S., relating to 78
the Dairy Industry Technical Council; c reating s. 79
570.161, F.S.; requiring certain licensees or permit 80
holders to notify the department in writing of the 81
person's e-mail address; providing civil penalties; 82
providing that service by e -mail constitutes adequate 83
and sufficient notice; authorizing the department to 84
achieve service by other specified means under certain 85
circumstances; repealing s. 570.23, F.S., relating to 86
the State Agricultural Advisory Council; amending s. 87
570.71, F.S.; requiring the department to submit 88
specified conservation ease ment purchase agreements to 89
the Board of Trustees of the Internal Improvement 90
Trust Fund for approval; amending s. 570.715, F.S.; 91
increasing the estimated value threshold for the 92
appraisal of specified conservation easement 93
acquisitions; repealing s. 570.8 43, F.S., relating to 94
the Florida Young Farmer and Rancher Advisory Council; 95
amending s. 570.93, F.S.; revising the required 96
contents of the department's agricultural water 97
conservation program; amending s. 576.011, F.S.; 98
defining and redefining terms; rep ealing ss. 99
581.217(14) and 585.008, F.S., relating to the 100
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Industrial Hemp Advisory Council and the Animal 101
Industry Technical Council, respectively; amending s. 102
586.045, F.S.; revising the timeframe during which the 103
department is required to provide written notice and 104
forms to beekeepers for annual certificate of 105
registration renewals; amending s. 595.404, F.S.; 106
requiring the department to adopt and implement an 107
exemption, waiver, and variance process by rule for 108
sponsors of certain school food and other nut rition 109
programs; amending s. 597.003, F.S.; revising the 110
powers and duties of the department regarding the 111
regulation of aquaculture in this state; providing 112
construction; amending s. 597.004, F.S.; deleting 113
requirements for rules adopted by the department for 114
aquaculture certificates of registration; deleting 115
provisions authorizing certain alligator producers to 116
be issued aquaculture certificates of registration; 117
providing legislative intent; preempting to the 118
department the regulatory and permitting autho rity for 119
all aquaculture products; providing construction; 120
revising the types of aquaculture products that may be 121
sold by an aquaculture producer under certain 122
circumstances; amending s. 597.005, F.S.; revising the 123
composition and responsibilities of the A quaculture 124
Review Council; amending s. 599.002, F.S.; revising 125
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the composition of the Viticulture Advisory Council; 126
amending s. 934.50, F.S.; authorizing non -law 127
enforcement employees of the department to use drones 128
for specified purposes; amending s. 259. 105, F.S.; 129
conforming cross-references; reenacting ss. 130
373.016(4)(a), 373.223(3), and 373.701(2)(a), F.S., 131
relating to declarations of state water policy and 132
conditions for a permit, respectively, to incorporate 133
the amendment made by this act to s. 500.03, F.S., in 134
references thereto; providing an effective date. 135
136
Be It Enacted by the Legislature of the State of Florida: 137
138
Section 1. Subsection (19) is added to section 212.08, 139
Florida Statutes, to read: 140
212.08 Sales, rental, use, consumption, distr ibution, and 141
storage tax; specified exemptions. —The sale at retail, the 142
rental, the use, the consumption, the distribution, and the 143
storage to be used or consumed in this state of the following 144
are hereby specifically exempt from the tax imposed by this 145
chapter. 146
(19) FLORIDA FARM TEAM CARD. - 147
(a) Notwithstanding any other law, a farmer whose property 148
has been classified as agricultural pursuant to s. 193.461 or 149
who has implemented agricultural best management practices 150
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adopted by the Department of Agricu lture and Consumer Services 151
pursuant to s. 403.067(7)(c)2. may apply to the department for a 152
Florida farm tax exempt agricultural materials (TEAM) card to 153
claim the applicable sales tax exemptions provided in this 154
section. A farmer may present the Florida farm TEAM card to a 155
selling dealer in lieu of a certificate or affidavit otherwise 156
required by this chapter. 157
(b) The Florida farm TEAM card is subject to the review 158
and expiration provisions of s. 212.084. The department shall 159
adopt rules to administer t his subsection. The Department of 160
Agriculture and Consumer Services may take all actions necessary 161
for the administration, issuance, and distribution of the 162
Florida farm TEAM cards to farmers registered with the 163
department. 164
(c) For items purchased tax ex empt pursuant to this 165
subsection, proof of acceptance by a selling dealer of a Florida 166
farm TEAM card from a purchaser relieves the selling dealer of 167
the responsibility of collecting the tax on the sale of such 168
items, and the department shall look solely t o the purchaser for 169
recovery of the tax if it determines that the purchaser was not 170
entitled to the exemption. 171
(d) The department shall accept Florida farm TEAM card 172
applications beginning on January 1, 2024. 173
Section 2. (1) The Department of Revenue may, and all 174
conditions are deemed met to, adopt emergency rules pursuant to 175
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s. 120.54(4), Florida Statutes, for the purpose of implementing 176
s. 212.08(19), Florida Statutes. 177
(2) Notwithstanding any other law, emergency rules adopted 178
pursuant to this sec tion are effective for 6 months after 179
adoption and may be renewed during the pendency of procedures to 180
adopt permanent rules addressing the subject of the emergency 181
rules. 182
Section 3. Subsection (24) is added to section 213.053, 183
Florida Statutes, to rea d: 184
213.053 Confidentiality and information sharing. — 185
(24) The department may make available to the Department 186
of Agriculture and Consumer Services, exclusively for official 187
purposes, information for the purposes of administering or 188
issuing the Florida farm TEAM card pursuant to s. 212.08(19). 189
Section 4. Section 287.0823, Florida Statutes, is created 190
to read: 191
287.0823 Preference to commodities grown or produced in 192
Florida.— 193
(1) By 2025 or upon expiration of any existing food 194
service contract, whichever is earlier, all food commodities 195
purchased by a state agency, a state university, a Florida 196
College System institution, or any contracted food service 197
provider thereof must be grown or produced in this state when 198
available, practical, and feasible. 199
(2) Notwithstanding any other provision of this section, 200
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and to the extent authorized by federal law, such state 201
agencies, state universities, Florida College System 202
institutions, and contracted food service providers thereof 203
shall give preference to food commodities grown or produced in 204
this state when purchasing food commodities, including farm 205
products as defined in s. 823.14, of any class, variety, or use 206
thereof in their natural state or as processed by a farm 207
operation or processor for the purpose of marketing such 208
product. 209
(3) A competitive solicitation for the purchase of food 210
commodities may give preference over other vendors to a 211
responsive and responsible vendor who agrees to fulfill the 212
contract through the use of food co mmodities grown or produced 213
in this state, provided that such preference does not exceed 10 214
percent of the total score allocated to price or does not result 215
in a price increase greater than 10 percent. 216
(4) By November 1, 2024, and each November 1 biennia lly 217
thereafter, the department shall prepare and submit a report to 218
the Governor, the Cabinet, the President of the Senate, and the 219
Speaker of the House of Representatives which describes the 220
amount of food commodities grown or produced in this state which 221
were purchased according to the requirements of this section. In 222
order to compile such report, the department shall adopt by rule 223
a form to be submitted to the department by each state agency, 224
state university, and Florida College System institution, or 225
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contracted food service provider thereof that purchases food 226
commodities. Such state entities shall submit the form to the 227
department by August 1, 2024, and each August 1 biennially 228
thereafter. The report must contain, at a minimum, all of the 229
following information: 230
(a) The total expenditures on, and the quantity purchased 231
of, food commodities by each state agency, state university, and 232
Florida College System institution. 233
(b) The total expenditures on, and the quantity purchased 234
of, food commodities grow n or produced in this state by each 235
state agency, state university, and Florida College System 236
institution. 237
(c) The total expenditures on food commodities grown or 238
produced outside of this state by each state agency, state 239
university, and Florida College System institution. 240
(d) A statement and assessment of the good faith efforts 241
of, and any failures by, each state agency, state university, or 242
Florida College System institution, or any contracted food 243
service provider thereof to comply with this section . 244
Section 5. Paragraphs (d), (i), (p), (q), (r), and (bb) of 245
subsection (1) and subsection (3) of section 500.03, Florida 246
Statutes, are amended to read: 247
500.03 Definitions; construction; applicability. — 248
(1) For the purpose of this chapter, the term : 249
(d) "Bottled water" means water intended for human 250
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consumption and sealed in a bottle or other container with no 251
added ingredients, except that it may contain safe and suitable 252
antimicrobial agents a beverage, as described in 21 C.F.R. part 253
165 (2006), that is processed in compliance with 21 C.F.R. part 254
129 (2006). 255
(i) "Convenience store" means a business that is engaged 256
primarily in the retail sale of groceries or motor fuels or 257
special fuels and may offer food services to the public. 258
Businesses providing motor fuel or special fuel to the public 259
which also offer groceries or food service are included in the 260
definition of a convenience store. 261
(o)(p) "Food establishment" means a factory, food outlet, 262
or other facility manufacturing, processing, packin g, holding, 263
storing, or preparing food or selling food at wholesale or 264
retail. The term does not include a business or activity that is 265
regulated under s. 413.051, s. 500.80, chapter 509, or chapter 266
601. The term includes tomato packinghouses and repackers but 267
does not include any other establishments that pack fruits and 268
vegetables in their raw or natural states, including those 269
fruits or vegetables that are washed, colored, or otherwise 270
treated in their unpeeled, natural form before they are 271
marketed. 272
(q) "Food outlet" means any grocery store; convenience 273
store; minor food outlet; meat, poultry, or fish and related 274
aquatic food market; fruit or vegetable market; food warehouse; 275
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refrigerated storage facility; freezer locker; salvage food 276
facility; or any other similar place storing or offering food 277
for sale. 278
(r) "Food service establishment" means any place where 279
food is prepared and intended for individual portion service, 280
and includes the site at which individual portions are provided. 281
The term includes any such place regardless of whether 282
consumption is on or off the premises and regardless of whether 283
there is a charge for the food. The term includes delicatessens 284
that offer prepared food in individual service portions. The 285
term does not include schools , institutions, fraternal 286
organizations, private homes where food is prepared or served 287
for individual family consumption, retail food stores, the 288
location of food vending machines, cottage food operations, and 289
supply vehicles, nor does the term include a research and 290
development test kitchen limited to the use of employees and 291
which is not open to the general public. 292
(bb) "Retail food store" means any establishment or 293
section of an establishment where food and food products are 294
offered to the consumer an d intended for off-premises 295
consumption. The term includes delicatessens that offer prepared 296
food in bulk quantities only. The term does not include 297
establishments which handle only prepackaged, nonpotentially 298
hazardous foods; roadside markets that offer o nly fresh fruits 299
and fresh vegetables for sale; food service establishments; or 300
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food and beverage vending machines. 301
(3) For the purpose of this chapter, the selling of food 302
includes the manufacture, production, processing, packing, 303
exposure, offer, posse ssion, and holding of any article of food 304
for sale; the sale, dispensing, and giving of any article of 305
food; and the supplying to or applying of food in the conduct of 306
any food establishment. 307
Section 6. Subsection (1) of section 500.032, Florida 308
Statutes, is amended to read: 309
500.032 Declaration of policy and cooperation among 310
departments.— 311
(1) The department shall administer and enforce is charged 312
with the administration and enforcement of this chapter in order 313
to prevent fraud, harm, adulteration, misbranding, or false 314
advertising in the preparation, manufacture, storage, or sale of 315
articles of food. The department shall It is further charged to 316
enforce the provisions of this chapter relating to the 317
production, manufacture, transportation, storage, and sale of 318
food, as well as articles entering into, and intended for use as 319
ingredients in the preparation of, food. 320
Section 7. Paragraphs (a), (b), and (e) of subsection (1), 321
subsection (2), paragraph (a) of subs ection (5), and subsection 322
(8) of section 500.12, Florida Statutes, are amended to read: 323
500.12 Food permits; building permits. — 324
(1)(a) A food permit from the department is required of 325
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any person who operates a food establishment or retail food 326
store, except: 327
1. Persons operating minor food outlets that sell food 328
that is commercially prepackaged, not potentially hazardous, and 329
not time or temperature controlled for safety, if the shelf 330
space for those items does not exceed 12 total linear feet and 331
no other food is sold by the minor food outlet. 332
2. Persons subject to continuous, onsite federal or state 333
inspection. 334
3. Persons selling only legumes in the shell, either 335
parched, roasted, or boiled. 336
4. Persons selling sugar cane or sorghum syrup that h as 337
been boiled and bottled on a premise located within this the 338
state. Such bottles must contain a label listing the producer's 339
name and street address, all added ingredients, the net weight 340
or volume of the product, and a statement that reads, "This 341
product has not been produced in a facility permitted by the 342
Florida Department of Agriculture and Consumer Services." 343
(b) Each food establishment and retail food store 344
regulated under this chapter must apply for and receive a food 345
permit before operation begins. An application for a food permit 346
from the department must be accompanied by a fee in an amount 347
determined by department rule. The department shall adopt by 348
rule a schedule of fees to be paid by each food establishment 349
and retail food store as a condition of issuance or renewal of a 350
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food permit. Such fees may not exceed $650 and must shall be 351
used solely for the recovery of costs for the services provided, 352
except that the fee accompanying an application for a food 353
permit for operating a bottled water plant may not exceed $1,000 354
and the fee accompanying an application for a food permit for 355
operating a packaged ice plant may not exceed $250. The fee for 356
operating a bottled water plant or a packaged ice plant must 357
shall be set by rule of the department. Food permits are not 358
transferable from one person or physical location to another. 359
Food permits must be renewed in accordance with subparagraphs 360
1., 2., and 3. annually on or before January 1. If an 361
application for renewal of a food permit is not received by the 362
department on or before within 30 days after its due date, a 363
late fee not exceeding $100 must be paid in addition to the food 364
permit fee before the department may issue the food permit. The 365
moneys collected must shall be deposited in the General 366
Inspection Trust Fund. 367
1. A food permit issued to a new food establishment on or 368
after September 1, 2023, is valid for 1 calendar year after the 369
date of issuance and must be renewed annually on or before that 370
date thereafter. 371
2. Effective January 1, 2024, a food permit issued before 372
September 1, 2023, expires on the month and day the initial 373
permit was issued to the food establishment and must be renewed 374
annually on or before that date thereafter. The department may 375
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charge a prorated permit fee for purposes of this subparagraph. 376
3. The owner of 100 or more permitted food establishment 377
locations may elect to set the expiration of food permits for 378
such establishments as December 31 of each calendar year. 379
(e) The department is the e xclusive regulatory and 380
permitting authority for all food outlets, retail food stores, 381
food establishments, convenience stores, and minor food outlets 382
in accordance with this section. Application for a food permit 383
must be made on forms provided by the depa rtment, which forms 384
must also contain provision for application for registrations 385
and permits issued by other state agencies and for collection of 386
the food permit fee and any other fees associated with 387
registration, licensing, or applicable surcharges. The details 388
of the application must shall be prescribed by department rule. 389
(2) When any person applies for a building permit to 390
construct, convert, or remodel any food establishment, food 391
outlet, or retail food store, the authority issuing such permit 392
shall make available to the applicant a printed statement, 393
provided by the department, regarding the applicable sanitation 394
requirements for such establishments. A building permitting 395
authority, or municipality or county under whose jurisdiction a 396
building permitting authority operates, may not be held liable 397
for a food establishment , food outlet, or retail food store that 398
does not comply with the applicable sanitation requirements due 399
to failure of the building permitting authority to provide the 400
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information as provided in this subsection. 401
(a) The department shall furnish, for distribution, a 402
statement that includes the checklist to be used by the food 403
inspector in any preoperational inspections to assure that the 404
food establishment is constructed and equipped to meet the 405
applicable sanitary guidelines. Such preoperational inspection 406
is shall be a prerequisite for obtaining a food permit in 407
accordance with this section. 408
(b) The department may provide assistance, when requested 409
by the applicant, in the review of any construction or 410
remodeling plans for food establishments. The department may 411
charge a fee for such assistance which covers the cost of 412
providing the assistance and which must shall be deposited in 413
the General Inspection Trust Fund for use in funding the food 414
safety program. 415
(c) A building permitting authority or other subdivision 416
of local government may not require the department to approve 417
construction or remodeling plans for food establishments and 418
retail food stores as a condition of any permit or license at 419
the local level. 420
(5) It is the intent of the Legislature to eliminate 421
duplication of regulatory inspections of food. Regulatory and 422
permitting authority over any food establishment is preempted to 423
the department, except as provided in chapt er 379. 424
(a) Food establishments or retail food stores that have 425
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ancillary food service activities shall be permitted and 426
inspected by the department. 427
(8) A person who applies for or renews a local business 428
tax certificate to engage in business as a foo d establishment or 429
retail food store must exhibit a current food permit or an 430
active letter of exemption from the department before the local 431
business tax certificate may be issued or renewed. 432
Section 8. Subsection (1) of section 500.121, Florida 433
Statutes, is amended to read: 434
500.121 Disciplinary procedures. — 435
(1) In addition to the suspension procedures provided in 436
s. 500.12, if applicable, the department may impose an 437
administrative fine in the Class II category pursuant to s. 438
570.971 against any retail food store, food establishment, or 439
cottage food operation that violates this chapter, which fine, 440
when imposed and paid, must shall be deposited by the department 441
into the General Inspection Trust Fund. The department may 442
revoke or suspend the permit of any such retail food store or 443
food establishment if it is satisfied that the retail food store 444
or food establishment has: 445
(a) Violated this chapter. 446
(b) Violated or aided or abetted in the violation of any 447
law of this state governing or applicable to retail food stores 448
or food establishments or any lawful rules of the department. 449
(c) Knowingly committed, or been a party to, any material 450
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fraud, misrepresentation, conspiracy, collusion, trick, scheme, 451
or device whereby another person, lawfully relying upon the 452
word, representation, or conduct of a retail food store or food 453
establishment, acts to her or his injury or damage. 454
(d) Committed any act or conduct of the same or different 455
character than that enumerated which constitutes fraudulent or 456
dishonest dealing. 457
Section 9. Paragraph (a) of subsection (3) of section 458
500.147, Florida Statutes, is amended to read: 459
500.147 Inspection of food establishments, food records, 460
and vehicles.— 461
(3) For bottled water plants: 462
(a) Bottled water must be from an approved source. Bottled 463
water must be processed in conformance with department rule 21 464
C.F.R. part 129 (2006), and must conform to 21 C.F.R. part 165 465
(2006). A person operating a bottled water plant is shall be 466
responsible for all water sampling and analyses required by this 467
chapter. 468
Section 10. Subsection (1) of section 500.172, Florida 469
Statutes, is amended to read: 470
500.172 Embargoing, detaining, destroying of food, food 471
processing equipment, or a reas that are in violation. — 472
(1) When the department, or its duly authorized agent who 473
has received appropriate education and training regarding the 474
legal requirements of this chapter, finds or has probable cause 475
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to believe that any food, food processing equipment, food 476
processing area, or food storage area is in violation of this 477
chapter or any rule adopted under this chapter so as to be 478
dangerous, unwholesome, mislabeled, fraudulent, or insanitary 479
within the meaning of this chapter, an agent of the depa rtment 480
may issue and enforce a stop -sale, stop-use, removal, or hold 481
order, which order gives notice that such article, processing 482
equipment, processing area, or storage area is or is suspected 483
of being in violation and has been detained or embargoed and 484
which order warns all persons not to remove, use, or dispose of 485
such article, processing equipment, processing area, or storage 486
area by sale or otherwise until permission for removal, use, or 487
disposal is given by the department or the court. A person may 488
not remove, use, or dispose of such detained or embargoed 489
article, processing equipment, processing area, or storage area 490
by sale or otherwise without such permission. 491
Section 11. Section 502.012, Florida Statutes, is 492
reordered and amended to read: 493
502.012 Definitions.—As used in this chapter, the term: 494
(1) "Bulk milk hauler/sampler" means a person who collects 495
official samples and transports raw milk from a farm or raw milk 496
products to or from a milk plant, receiving station, or transfer 497
station and is permitted to sample the milk products by any 498
state regulatory agency charged with implementing the United 499
States Food and Drug Administration's Grade "A" program. 500
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(2) "Bulk milk pickup tanker" means a vehicle, including 501
the truck and tank, and those appurtenances necessary for its 502
use necessary attachments , that is used by a milk hauler to 503
transport bulk raw milk for pasteurization , ultra-504
pasteurization, aseptic processing and packaging, or retort 505
processing after packaging from a dairy farm to a milk plant, 506
receiving station, or transfer station. 507
(3)(2) "Dairy farm" means any place or premises where one 508
or more lactating animals, including cows, goats, sheep, water 509
buffalo, or other hooved mammals , are kept for milking purposes, 510
and from which a part or all of the milk is provided, sold, or 511
offered for sale. 512
(4)(3) "Department" means the Department of Agriculture 513
and Consumer Services. 514
(5)(4) "Frozen dessert" means a specific standardized 515
frozen dessert described in 21 C.F.R. part 135 , excluding part 516
135.160 and any other food defined by rule of the department 517
that resembles such standardized frozen dessert but does not 518
conform to the specific description of such standardized frozen 519
dessert in 21 C.F.R. part 135. The term includes, but is no t 520
limited to, a quiescently frozen confection, a quiescently 521
frozen dairy confection, a frozen dietary dairy dessert, and a 522
frozen dietary dessert . 523
(5) "Frozen desserts manufacturer" means a person who 524
manufactures, processes, converts, partially freezes , or freezes 525
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any mix or frozen dessert for distribution or sale. 526
(6) "Frozen desserts plant" means any place that 527
pasteurizes dairy products or receives raw milk for the purpose 528
of manufacturing or processing frozen desserts location or 529
premises at which frozen desserts or mix are manufactured, 530
processed, or frozen for distribution or sale at wholesale . 531
(7) "Frozen desserts retail establishment" means any 532
location or premises, including a retail store, stand, hotel, 533
boardinghouse, restaurant, vehicle, o r mobile unit, at which 534
frozen desserts are frozen, partially frozen, or dispensed for 535
sale at retail. 536
(8) "Frozen dietary dairy dessert" or "frozen dietary 537
dessert" means a food for any special dietary use, prepared by 538
freezing, with or without agitatio n, and composed of a 539
pasteurized mix that may contain fat, protein, carbohydrates, 540
natural or artificial sweeteners, flavoring, stabilizers, 541
emulsifiers, vitamins, and minerals. 542
(9) "Grade 'A' pasteurized milk ordinance" means the 543
document entitled "Grad e 'A' Pasteurized Milk Ordinance, United 544
States Department of Health and Human Services, Public Health 545
Service, Food and Drug Administration," including all associated 546
appendices, as adopted by department rule. 547
(8)(10) "Imitation milk and imitation milk products" means 548
those foods that have the physical characteristics, such as 549
taste, flavor, body, texture, or appearance, of milk or milk 550
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products as defined in this chapter and the Grade "A" 551
pasteurized milk ordinance but do not come within the definition 552
of "milk" or "milk products" and are nutritionally inferior to 553
the product imitated. 554
(9)(11) "Milk" means the lacteal secretion, practically 555
free from colostrum, obtained by the complete milking of one or 556
more healthy cows, goats, sheep, water buffalo, o r other hooved 557
mammals. 558
(10)(12) "Milk distributor" means any person who offers 559
for sale or sells to another person any milk or milk product. 560
(15)(13) "Milk products" means products made with milk 561
that is processed in some manner, including being whipp ed, 562
acidified, cultured, concentrated, lactose -reduced, or sodium-563
reduced or aseptically processed, or having the addition or 564
subtraction of milkfat, the addition of safe and suitable 565
microbial organisms, or the addition of safe and suitable 566
optional ingredients for protein, vitamin, or mineral 567
fortification. The term does "Milk products" do not include 568
products such as evaporated milk, condensed milk, eggnog in a 569
rigid metal container, dietary products, infant formula, or ice 570
cream and other desserts. 571
(18)(14) "Milkfat" or "butterfat" means the fat contained 572
in milk. 573
(11)(15) "Milk hauler" means any person who transports raw 574
milk or raw milk products to or from a milk plant, receiving 575
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station, or transfer station. 576
(12)(16) "Milk plant" means any place, premises, or 577
establishment where milk or milk products are collected, 578
handled, processed, stored, pasteurized, ultra-pasteurized, 579
aseptically processed and packaged, retort processed after 580
packaging, condensed, dried, packag ed, bottled, or prepared for 581
distribution. 582
(13)(17) "Milk plant operator" means any person 583
responsible for receiving, processing, pasteurizing, or 584
packaging milk and milk products, or performing any other 585
related operation. 586
(14)(18) "Milk producer" means any person who operates a 587
dairy farm and provides, sells, or offers for sale milk to a 588
milk plant, receiving station, or transfer station. 589
(16)(19) "Milk tank truck" means either a bulk milk pickup 590
tanker or a milk transport tank. 591
(17)(20) "Milk transport tank" means a vehicle, including 592
the truck and tank, used by a bulk milk hauler/sampler or a milk 593
hauler to transport bulk shipments of milk from a milk plant, 594
receiving station, or transfer station to another milk plant, 595
receiving station, or trans fer station. 596
(21) "Quiescently frozen confection" means a clean and 597
wholesome frozen, sweetened, flavored product that, while being 598
frozen, was not stirred or agitated (generally known as 599
quiescent freezing). The confection may be acidulated with food -600
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grade acid, may contain milk solids or water, or may be made 601
with or without added harmless pure or imitation flavoring and 602
with or without harmless coloring. The finished product must not 603
contain more than 0.5 percent by weight of stabilizer composed 604
of wholesome, edible material and must not contain less than 17 605
percent by weight of total food solids. In the production of the 606
confection, processing or mixing before quiescent freezing that 607
develops in the finished confection mix any physical expansion 608
in excess of 10 percent may not be used. 609
(22) "Quiescently frozen dairy confection" means a clean 610
and wholesome frozen product made from water, milk products, and 611
sugar, with added harmless pure or imitation flavoring, with or 612
without added harmless coloring, with or without added 613
stabilizer, or with or without added emulsifier, that, while 614
being frozen, was not stirred or agitated (generally known as 615
quiescent freezing). The confection must not contain less than 616
13 percent by weight of total milk solids, less than 33 percent 617
by weight of total food solids, more than 0.5 percent by weight 618
of stabilizer, or more than 0.2 percent by weight of emulsifier. 619
Stabilizer and emulsifier must be composed of wholesome, edible 620
material. In the production of a quiescently fr ozen dairy 621
confection, processing or mixing before quiescently freezing 622
that develops in the finished confection mix any physical 623
expansion in excess of 10 percent may not be used. 624
(19)(23) "Raw milk" means unpasteurized unprocessed milk. 625
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(20)(24) "Receiving station" means any place, premises, or 626
establishment where raw milk is received, collected, handled, 627
stored, or cooled and is prepared for further transporting. 628
(21) "Reconstituted milk or milk products" or "recombined 629
milk or milk products" means milk or milk products that result 630
from reconstituting or recombining milk constituents with 631
potable water. 632
(22) "Retail" means the sale of goods to the public for 633
use or consumption rather than for resale. 634
(23)(25) "Substitute milk and substitute milk products" 635
means those foods that have the physical characteristics, such 636
as taste, flavor, body, texture, or appearance, of milk or milk 637
products as defined in this chapter and the Grade "A" 638
pasteurized milk ordinance but do not come within the definition 639
of "milk" or "milk products" and are nutritionally equivalent to 640
the product for which they are substitutes. 641
(24)(26) "Transfer station" means any place, premises, or 642
establishment where milk or milk products are transferred 643
directly from one milk tank truck to another. 644
(25) "Ultra-pasteurization (UP)" means a process in which 645
milk or milk product is thermally processed at or above 138 646
degrees Celsius or 280 degrees Fahrenheit for at least 2 647
seconds, before or after packaging, so as to produce a milk o r 648
milk product that has an extended shelf -life under refrigerated 649
conditions. 650
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(26)(27) "Washing station" means any place, premises, or 651
establishment where milk tank trucks are cleaned and sanitized. 652
(27) "Wholesale" means the selling of goods in quantity to 653
be retailed by others. 654
Section 12. Paragraph (d) of subsection (1) of section 655
502.013, Florida Statutes, is amended to read: 656
502.013 Purpose; intent. — 657
(1) PURPOSE.—The purpose of this chap ter is to: 658
(d) Ensure the normal flow of fresh wholesome milk and 659
milk products from the farmer to the consumer by uniform 660
regulation of the shelf life of milk and milk products in this 661
state. 662
Section 13. Paragraph (a) of subsection (2) of section 663
502.014, Florida Statutes, is amended to read: 664
502.014 Powers and duties. — 665
(2)(a) The department shall permit, conduct onsite 666
inspections of, and collect samples for testing from all 667
facilities engaged in the production, processing, holding, or 668
transfer of milk and milk products dairy farms, milk plants, and 669
frozen dessert plants and collect test samples of milk, milk 670
products, and frozen desserts as required by this chapter . 671
Section 14. Section 502.042, Florida Statutes, is amended 672
to read: 673
502.042 Labeling of shelf life. —To ensure consumers full 674
disclosure of the date beyond which milk or milk products may no 675
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longer be offered for sale, all dairy processors must shall 676
establish, and legibly label as prescribed by rule of the 677
department, the maximum shelf-life period during which milk and 678
milk products may be offered for sale. For purposes of this 679
requirement, the term to "legibly label" means to label the 680
package or container with conspicuous and easily readable 681
boldfaced print or type in distinct c ontrast to the background, 682
by color. The department shall periodically conduct shelf -life 683
studies to review the keeping quality of milk and milk products 684
and shall sample periodically the products of the dairy 685
processors to determine if the shelf -life dating used by the 686
processors complies with the minimum standards of quality. 687
Section 15. Paragraphs (a) and (b) of subsection (1), 688
paragraph (d) of subsection (3), and paragraphs (a) and (c) of 689
subsection (4) of section 502.053, Florida Statutes, are amen ded 690
to read: 691
502.053 Permits and fees; requirements; exemptions; 692
temporary permits.— 693
(1) PERMITS.— 694
(a) All facilities engaged in the production, processing, 695
holding, or transfer of milk and milk products Each Grade "A" 696
milk plant, whether located in the state or outside the state, 697
and each manufacturing milk plant, milk producer, milk hauler, 698
milk hauling service, washing station operator, milk plant 699
operator, milk distributor, single -service-container 700
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manufacturer, receiving station, and transfer sta tion in this 701
the state must shall apply to the department for a permit to 702
operate. The application must shall be on forms developed by the 703
department. 704
(b) Each frozen dessert plant , whether located in the 705
state or outside the state, that manufactures frozen desserts or 706
other products defined in this chapter and offers these products 707
for wholesale for sale in this state must apply to the 708
department for a permit to operate. The application must be 709
submitted on a form forms prescribed by the department. All 710
frozen dessert permits expire on June 30 of each year. 711
(3) REQUIREMENTS.— 712
(d) Each frozen dessert plant permitholder must report 713
monthly, quarterly, semiannually, or annually, as required by 714
the department, the number of gallons o f frozen dessert or 715
frozen dessert mix sold or manufactured by the permitholder in 716
this state. 717
(4) EXEMPTIONS.— 718
(a) The following persons are shall be exempt from bulk 719
milk hauler/sampler hauler permit requirements: 720
1. Milk producers who transport mi lk or milk products only 721
from their own dairy farms. 722
2. Employees of a milk distributor or milk plant operator 723
who possesses a valid permit. 724
3. Drivers of bulk milk tank trucks between locations who 725
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do not collect milk from farms. 726
(c) Frozen desserts retail establishments as defined in s. 727
502.012 are exempt from this chapter. 728
Section 16. Subsections (1) and (4) of section 502.181, 729
Florida Statutes, are amended to read: 730
502.181 Prohibited acts. —It is unlawful for any person in 731
this state to: 732
(1) Engage in the business of producing, hauling, 733
transferring, receiving, processing, packaging, or distributing 734
milk, milk products, or frozen desserts or operating a washing 735
station, manufacturing single -service containers, or 736
manufacturing imitation or s ubstitute milk or milk products , or 737
testing for milkfat content, without first obtaining a permit or 738
license from the department. 739
(4) Repasteurize milk. 740
Section 17. Paragraph (b) of subsection (1) of section 741
502.231, Florida Statutes, is amended to r ead: 742
502.231 Penalty and injunction. — 743
(1) The department may enter an order imposing one or more 744
of the following penalties against any person who violates any 745
provision of this chapter: 746
(b) Imposition of an administrative fine: 747
1. In the Class II category pursuant to s. 570.971 for 748
each violation in the case of a frozen dessert licensee; or 749
2. Ten percent of the license fee or $100, whichever is 750
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greater, for failure to report the information described in s. 751
502.053(3)(d); or 752
3. In the Class I category pursuant to s. 570.971 for each 753
occurrence for any other violation. 754
755
When imposing a fine under this paragraph, the department must 756
consider the degree and extent of harm caused by the violation, 757
the cost of rectifying the damag e, the benefit to the violator, 758
whether the violation was committed willfully, and the 759
violator's compliance record. 760
Section 18. Section 502.301, Florida Statutes, is 761
repealed. 762
Section 19. Section 570.161, Florida Statutes, is created 763
to read: 764
570.161 E-mail address of record. — 765
(1) In addition to any other requirement set forth in law, 766
each person licensed or permitted by the department shall notify 767
the department in writing of the person's e -mail address. The 768
failure to notify the department of a change in any e-mail 769
address provided to the department constitutes a violation of 770
this section and may be subject to the penalties provided in s. 771
570.971(3). 772
(2)(a) Notwithstanding any other provision of law, service 773
by e-mail to a person's e -mail address of record constitutes 774
adequate and sufficient notice when required by law, except when 775
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other service is required pursuant to s. 120.60. 776
(b) If the department receives notification that service 777
by e-mail, as authorized by this section, has failed, t he 778
department may provide notice to the person by calling the 779
person's last known telephone number of record, mailing the 780
notice to the last known address, or posting a short, plain 781
notice to the person on the department's website. 782
Section 20. Section 570.23, Florida Statutes, is repealed. 783
Section 21. Subsections (10) through (13) of section 784
570.71, Florida Statutes, are renumbered as subsections (11) 785
through (14), respectively, and a new subsection (10) is added 786
to that section to read: 787
570.71 Conservation easements and agreements. — 788
(10) Notwithstanding any other law or rule, the department 789
shall submit a purchase agreement authorized by this section to 790
the Board of Trustees of the Internal Improvement Trust Fund for 791
approval if the purchase pri ce exceeds $5 million. 792
Section 22. Paragraph (b) of subsection (1) of section 793
570.715, Florida Statutes, is amended to read: 794
570.715 Conservation easement acquisition procedures. — 795
(1) For less than fee simple acquisitions pursuant to s. 796
570.71, the Department of Agriculture and Consumer Services 797
shall comply with the following acquisition procedures: 798
(b) Before approval by the board of trustees of an 799
agreement to purchase less than fee simple title to land 800
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pursuant to s. 570.71, an appraisal of th e parcel shall be 801
required as follows: 802
1. Each parcel to be acquired shall have at least one 803
appraisal. Two appraisals are required when the estimated value 804
of the parcel exceeds $5 $1 million. However, when both 805
appraisals exceed $5 $1 million and differ significantly, a 806
third appraisal may be obtained. 807
2. Appraisal fees and associated costs shall be paid by 808
the department. All appraisals used for the acquisition of less 809
than fee simple interest in lands pursuant to this section shall 810
be prepared by a state-certified appraiser who meets the 811
standards and criteria established by rule of the board of 812
trustees. Each appraiser selected to appraise a particular 813
parcel shall, before contracting with the department or a 814
participant in a multiparty agreement, s ubmit to the department 815
or participant an affidavit substantiating that he or she has no 816
vested or fiduciary interest in such parcel. 817
Section 23. Section 570.843, Florida Statutes, is 818
repealed. 819
Section 24. Upon the expiration and reversion of the 820
amendment made to section 570.93, Florida Statutes, pursuant to 821
section 63 of chapter 2022 -157, Laws of Florida, paragraph (a) 822
of subsection (1) of section 570.93, Florida Statutes, is 823
amended to read: 824
570.93 Department of Agriculture and Consumer Service s; 825
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agricultural water conservation and agricultural water supply 826
planning.— 827
(1) The department shall establish an agricultural water 828
conservation program that includes the following: 829
(a) A cost-share program, coordinated where appropriate 830
with the United States Department of Agriculture and other 831
federal, state, regional, and local agencies , when appropriate, 832
for irrigation system retrofit and application of mobile 833
irrigation laboratory evaluations , and for water conservation as 834
provided in this section and, where applicable, for water 835
quality improvement pursuant to s. 403.067(7)(c). 836
Section 25. Present subsections (8) through (13) and (14) 837
through (44) of section 576.011, Florida Statutes, are 838
redesignated as subsections (9) through (14) and (16) through 839
(46), respectively, new subsections (8) and (15) are added to 840
that section, and present subsections (15), (19), and (36) of 841
that section are amended, to read: 842
576.011 Definitions. —When used in this chapter, the term: 843
(8) "Controlled release fertilizers" means a slow release 844
fertilizer engineered to provide nutrients over time at a 845
predictable rate under specified conditions. 846
(15) "Fertilizer material" means a fertilizer that meets 847
one of the following requirements: 848
(a) Contains important quantities of no more than one of 849
the primary nutrients: nitrogen (N), phosphate (P 2O5), and potash 850
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(K2O). 851
(b) Has 85 percent or more of its plant nutrient content 852
present in the form of a single chemica l compound. 853
(c) Is derived from a plant or an animal residue or 854
byproduct or a natural material deposit that has been processed 855
in such a way that its content of plant nutrients has not been 856
materially changed except by purification and concentration. 857
(17)(15) "Grade" means the percentages in fertilizer of 858
total nitrogen expressed as N, available phosphorus expressed as 859
P2O5, and soluble potassium expressed as K 2O, stated in whole 860
numbers in the same terms, order, and percentages as in the 861
guaranteed analysis. However, specialty fertilizer may be 862
guaranteed in fractional units of less than 1 percent of total 863
nitrogen, available phosphate, and soluble potash. Fertilizer 864
materials, bone meal, manures, and similar materials may be 865
guaranteed in fractional u nits in that order. 866
(21)(19) "Labeling" means all labels and other written, 867
printed, or graphic matters upon an article or any of its 868
containers or wrappers , or accompanying such article. 869
(38)(36) "Slow or controlled release fertilizer" means a 870
fertilizer in a form that releases, or converts to a plant -871
available form, plant nutrients at a slower rate relative to an 872
appropriate reference soluble product containing a plant 873
nutrient in a form which delays its availability for plant 874
uptake and use after app lication, or which extends its 875
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availability to the plant significantly longer than a reference 876
"rapidly available nutrient fertilizer," such as ammonium 877
nitrate or urea, ammonium phosphate, or potassium chloride . 878
Section 26. Subsection (14) of section 581.217, Florida 879
Statutes, is repealed. 880
Section 27. Section 585.008, Florida Statutes, is 881
repealed. 882
Section 28. Subsection (4) of section 586.045, Florida 883
Statutes, is amended to read: 884
586.045 Certificates of registration and inspection. — 885
(4) The department shall provide to each person subject to 886
this section written notice and renewal forms at least 30 60 887
days before prior to the annual renewal date informing the 888
person of the certificate of registration renewal date and the 889
application fee. 890
Section 29. Subsection (16) is added to section 595.404, 891
Florida Statutes, to read: 892
595.404 School food and other nutrition programs; powers 893
and duties of the department. —The department has the following 894
powers and duties: 895
(16) To adopt and implement an exemption, waiver, and 896
variance process by rule, as required by federal regulations, 897
for sponsors under the programs implemented pursuant to this 898
chapter, notwithstanding s. 120.542. 899
Section 30. Section 597.003, Florida Statutes, is amended 900
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to read: 901
597.003 Powers and duties of Department of Agriculture and 902
Consumer Services.— 903
(1) The department is hereby designated as the lead agency 904
in regulating and encouraging the development of aquaculture in 905
this the state and has shall have and shall exercise the 906
following functions, powers, and duties with regard to 907
aquaculture: 908
(a) Issue or deny aquaculture certificates that identify 909
aquaculture producers and aquaculture products, and collect all 910
related fees. The department may revoke an aquaculture 911
certificate of registration issued pursuant to s. 597.004 upon a 912
finding that aquaculture is not the primary purpose of the 913
certified entity's operation. 914
(b) Coordinate the development, annual revision, and 915
implementation of a state aquaculture plan. The plan must shall 916
include prioritized recommendations for research and development 917
as suggested by the Aquaculture Review Council and public and 918
private institutional research, extension, and service programs. 919
(c) Develop memoranda of agreement, as needed, with the 920
Department of Environmental Protection, the Fish and Wildlife 921
Conservation Commission, the Florida Sea Grant Program, and 922
other groups as provided in the state aquaculture plan. 923
(d) Provide staff f or the Aquaculture Review Council. 924
(e) Forward the annually revised state aquaculture plan to 925
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the commissioner and to the chairs of the House Committee on 926
Agriculture and Consumer Services and the Senate Committee on 927
Agriculture 1 month before prior to submission of the 928
department's legislative budget request to the Governor. 929
(f) Upon the appropriation of funds by the Legislature, 930
submit the list of research and development projects proposed to 931
be funded through the department as identified in the state 932
aquaculture plan, along with the department's legislative budget 933
request to the Governor, the President of the Senate, and the 934
Speaker of the House of Representatives. If funded, These 935
projects must shall be contracted for by the Division of 936
Aquaculture and must shall require public-private partnerships, 937
when appropriate. The contracts must shall require a percentage 938
of the profit generated by the project to be deposited into the 939
General Inspection Trust Fund solely for funding aquaculture 940
projects recommended by the Aquaculture Review Council. 941
(g) Provide developmental assistance to the various 942
sectors of the aquaculture industry as determined in the state 943
aquaculture plan. 944
(h) Assist persons seeking to engage in aquaculture when 945
applying for the necessary permits and serve as ombudsman to 946
resolve complaints or otherwise resolve problems arising between 947
aquaculture producers and regulatory agencies. 948
(i) Develop and propose to the Legislature legislation 949
necessary to implement the state aquaculture plan or to 950
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otherwise encourage the development of aquaculture in this the 951
state. 952
(j) Issue or deny any license or permit authorized or 953
delegated to the department by the Legislature or through 954
memorandum of understanding with other sta te or federal agencies 955
that furthers the intent of the Legislature to place the 956
regulation of aquaculture in the department. 957
(k) Make available state lands and the water column for 958
the purpose of producing aquaculture products when the 959
aquaculture activity is compatible with state resource 960
management goals, environmental protection, and proprietary 961
interest and when such state lands and waters are determined to 962
be suitable for aquaculture development by the Board of Trustees 963
of the Internal Improvement Tr ust Fund pursuant to s. 253.68; 964
provide training as necessary to lessees; and be responsible for 965
all saltwater aquaculture activities located on sovereignty 966
submerged land or in the water column above such land and 967
adjacent facilities directly related to t he aquaculture 968
activity. 969
1. The department shall act in cooperation with other 970
state and local agencies and programs to identify and designate 971
sovereignty lands and waters that would be suitable for 972
aquaculture development. 973
2. The department shall iden tify and evaluate specific 974
tracts of sovereignty submerged lands and water columns in 975
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various areas of the state to determine where such lands and 976
waters are suitable for leasing for aquaculture purposes. 977
Nothing in This subparagraph or subparagraph 1. does not shall 978
preclude the applicant from applying for sites identified by the 979
applicant. 980
3. The department shall provide assistance in developing 981
technologies applicable to aquaculture activities, evaluate 982
practicable production alternatives, and provide agreements to 983
develop innovative culture practices. 984
(l) Act as a clearinghouse for aquaculture applications, 985
and act as a liaison between the Fish and Wildlife Conservation 986
Commission, the Division of State Lands, the Department of 987
Environmental Protecti on district offices, other divisions 988
within the Department of Environmental Protection, and the water 989
management districts. The Department of Agriculture and Consumer 990
Services is shall be responsible for regulating marine 991
aquaculture producers, except as s pecifically provided herein. 992
(2) The specific delegation of authority granted under 993
subsection (1) is intended to place responsibility and may not 994
be construed so as to prevent the respective state agencies from 995
cooperating with each other by exchanging information and 996
providing copies of reports when deemed advisable. 997
(3) The department may employ such persons as are 998
necessary to perform its duties under this chapter. 999
Section 31. Present subsections (3) through (6) of section 1000
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597.004, Florida Statu tes, are redesignated as subsections (4) 1001
through (7), respectively, a new subsection (3) is added to that 1002
section, and paragraphs (b) and (g) of subsection (2), present 1003
subsection (3), and paragraph (a) of present subsection (5) of 1004
that section are amended , to read: 1005
597.004 Aquaculture certificate of registration. — 1006
(2) RULES.— 1007
(b) Rules adopted pursuant to this subsection shall become 1008
effective pursuant to the applicable provisions of chapter 120, 1009
but must be submitted to the President of the Senate a nd the 1010
Speaker of the House of Representatives for review by the 1011
Legislature. The rules shall be referred to the appropriate 1012
committees of substance and scheduled for review during the 1013
first available regular session following adoption. Except as 1014
otherwise provided by operation of law, such rules shall remain 1015
in effect until rejected or modified by act of the Legislature. 1016
(g) Any alligator producer with an alligator farming 1017
license and permit to establish and operate an alligator farm 1018
shall be issued an a quaculture certificate of registration 1019
pursuant to this section. This chapter does not supersede the 1020
authority under chapter 379 to regulate alligator farms and 1021
alligator farmers. 1022
(3) INSPECTIONS OF AQUACULTURE PRODUCTS. —The Legislature 1023
intends to eliminate duplication of regulatory inspections of 1024
aquaculture products. The regulatory and permitting authority 1025
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over all aquaculture products as defined in s. 597.0015 is 1026
preempted to the department. 1027
(a) Shellfish processing facilities are licensed pursuant 1028
to s. 597.020. 1029
(b) Facilities operated by state agencies, local 1030
governments, educational institutions, research institutions, or 1031
restoration organizations which maintain aquaculture products 1032
for educational, scientific, demonstration, experimental, or 1033
restoration activities related to aquaculture are licensed 1034
pursuant to this section. 1035
(c) Facilities culturing crocodilians of the order 1036
Crocodilia are dually regulated by the department and the Fish 1037
and Wildlife Conservation Commission. Any alligator produc er 1038
issued an aquaculture certificate of registration pursuant to 1039
this section must also maintain an alligator farming license 1040
from the Fish and Wildlife Conservation Commission. This chapter 1041
does not supersede the authority under chapter 379 to regulate 1042
alligator farms and alligator farmers. 1043
(4)(3) FEES.—Effective July 1, 1997, All fees collected 1044
pursuant to this section shall be deposited into the General 1045
Inspection Trust Fund in the Department of Agriculture and 1046
Consumer Services. 1047
(6)(5) SALE OF AQUACULTURE PRODUCTS.— 1048
(a) Aquaculture products, except shellfish , snook, and any 1049
fish of the genus Micropterus, excluding Micropterus salmoides 1050
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floridanus, and prohibited and restricted nonnative freshwater 1051
and marine species identified in the Aquaculture Be st Management 1052
Practices manual by rules of the Fish and Wildlife Conservation 1053
Commission, may be sold by an aquaculture producer certified 1054
pursuant to this section or by a dealer licensed pursuant to 1055
part VII of chapter 379 without restriction so long as t he 1056
product origin can be identified. 1057
Section 32. Subsection (1) and paragraph (c) of subsection 1058
(3) of section 597.005, Florida Statutes, are amended, and 1059
paragraph (e) of subsection (3) of that section is reenacted, to 1060
read: 1061
597.005 Aquaculture Review Council.— 1062
(1) COMPOSITION.—There is created within the department 1063
the Aquaculture Review Council to consist of eight members as 1064
follows: the chair of the State Agricultural Advisory Council or 1065
designee and seven additional members to be appointed by the 1066
commissioner, including an alligator farmer, a food fish farmer, 1067
a shellfish farmer, a tropical fish farmer, an aquatic plant 1068
farmer, a representative of the commercial fishing industry, and 1069
a representative of the aquaculture industry at large. Mem bers 1070
shall be appointed for 4 -year terms. Each member shall be 1071
selected from no fewer than two or more than three nominees 1072
submitted by recognized statewide organizations representing 1073
each industry segment or the aquaculture industry at large. In 1074
the absence of nominees, the commissioner shall appoint persons 1075
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who otherwise meet the qualifications for appointment to the 1076
council. Members shall serve until their successors are duly 1077
qualified and appointed. An appointment to fill a vacancy shall 1078
be for the unexpired portion of the term. 1079
(3) RESPONSIBILITIES. —The primary responsibilities of the 1080
Aquaculture Review Council are to: 1081
(c) Submit to the commissioner on an annual basis: 1082
1. Upon the appropriation of funds by the Legislature, a 1083
prioritized list of re search projects to be funded by the 1084
department included in the department's legislative budget 1085
request. Each year, the council shall review the aquaculture 1086
legislative budget requests submitted to the department and rank 1087
them according to the state aquacul ture plan. 1088
2. Recommendations to be forwarded to the Speaker of the 1089
House of Representatives and the President of the Senate on 1090
legislation needed to help the aquaculture industry. 1091
3. Recommendations on aquaculture projects, activities, 1092
research, and regulation and other needs to further the 1093
development of the aquaculture industry. 1094
(e) Assist the department in carrying out duties 1095
identified in s. 597.003 by studying aquaculture issues and 1096
making recommendations for regulating and permit ting aquaculture 1097
and in the development, revision, and implementation of the 1098
state aquaculture plan. 1099
Section 33. Subsection (1) of section 599.002, Florida 1100
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Statutes, is amended to read: 1101
599.002 Viticulture Advisory Council. — 1102
(1) There is created wi thin the Department of Agriculture 1103
and Consumer Services the Viticulture Advisory Council, to 1104
consist of eight members as follows: the president of the 1105
Florida Grape Growers' Association or a designee thereof; the 1106
viticulture representative of the State Ag ricultural Advisory 1107
Council; a representative from the Institute of Food and 1108
Agricultural Sciences; a representative from the viticultural 1109
science program at Florida Agricultural and Mechanical 1110
University; and five four additional commercial members, to be 1111
appointed for a 2-year term each by the Commissioner of 1112
Agriculture, including a wine producer, a fresh fruit producer, 1113
a nonwine product (juice, jelly, pie fillings, etc.) producer, 1114
and a viticultural nursery operator. 1115
Section 34. Paragraph (q) is ad ded to subsection (4) of 1116
section 934.50, Florida Statutes, to read: 1117
934.50 Searches and seizure using a drone. — 1118
(4) EXCEPTIONS.—This section does not prohibit the use of 1119
a drone: 1120
(q) By a non-law enforcement employee of the Department of 1121
Agriculture and Consumer Services for activities for the 1122
purposes of managing and eradicating plant or animal diseases. 1123
Section 35. Paragraph (i) of subsection (3) of section 1124
259.105, Florida Statutes, is amended to read: 1125
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259.105 The Florida Forever Act. — 1126
(3) Less the costs of issuing and the costs of funding 1127
reserve accounts and other costs associated with bonds, the 1128
proceeds of cash payments or bonds issued pursuant to this 1129
section shall be deposited into the Florida Forever Trust Fund 1130
created by s. 259.1051. The proceeds shall be distributed by the 1131
Department of Environmental Protection in the following manner: 1132
(i) Three and five-tenths percent to the Department of 1133
Agriculture and Consumer Services for the acquisition of 1134
agricultural lands, through perpetua l conservation easements and 1135
other perpetual less than fee techniques, which will achieve the 1136
objectives of Florida Forever and s. 570.71. Rules concerning 1137
the application, acquisition, and priority ranking process for 1138
such easements shall be developed pur suant to s. 570.71(11) s. 1139
570.71(10) and as provided by this paragraph. The board shall 1140
ensure that such rules are consistent with the acquisition 1141
process provided for in s. 570.715. The rules developed pursuant 1142
to s. 570.71(11) s. 570.71(10), shall also provide for the 1143
following: 1144
1. An annual priority list shall be developed pursuant to 1145
s. 570.71(11) s. 570.71(10), submitted to the council for 1146
review, and approved by the board pursuant to s. 259.04. 1147
2. Terms of easements and acquisitions proposed pursu ant 1148
to this paragraph shall be approved by the board and may not be 1149
delegated by the board to any other entity receiving funds under 1150
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this section. 1151
3. All acquisitions pursuant to this paragraph shall 1152
contain a clear statement that they are subject to leg islative 1153
appropriation. 1154
1155
Funds provided under this paragraph may not be expended until 1156
final adoption of rules by the board pursuant to s. 570.71. 1157
Section 36. For the purpose of incorporating the amendment 1158
made by this act to section 500.03, Florida St atutes, in a 1159
reference thereto, paragraph (a) of subsection (4) of section 1160
373.016, Florida Statutes, is reenacted to read: 1161
373.016 Declaration of policy. — 1162
(4)(a) Because water constitutes a public resource 1163
benefiting the entire state, it is the policy of the Legislature 1164
that the waters in the state be managed on a state and regional 1165
basis. Consistent with this directive, the Legislature 1166
recognizes the need to allocate water throughout the state so as 1167
to meet all reasonable -beneficial uses. However, the Legislature 1168
acknowledges that such allocations have in the past adversely 1169
affected the water resources of certain areas in this state. To 1170
protect such water resources and to meet the current and future 1171
needs of those areas with abundant water, the Legisla ture 1172
directs the department and the water management districts to 1173
encourage the use of water from sources nearest the area of use 1174
or application whenever practicable. Such sources shall include 1175
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all naturally occurring water sources and all alternative wate r 1176
sources, including, but not limited to, desalination, 1177
conservation, reuse of nonpotable reclaimed water and 1178
stormwater, and aquifer storage and recovery. Reuse of potable 1179
reclaimed water and stormwater shall not be subject to the 1180
evaluation described in s. 373.223(3)(a)-(g). However, this 1181
directive to encourage the use of water, whenever practicable, 1182
from sources nearest the area of use or application shall not 1183
apply to the transport and direct and indirect use of water 1184
within the area encompassed by the Central and Southern Florida 1185
Flood Control Project, nor shall it apply anywhere in the state 1186
to the transport and use of water supplied exclusively for 1187
bottled water as defined in s. 500.03(1)(d), nor shall it apply 1188
to the transport and use of reclaimed wa ter for electrical power 1189
production by an electric utility as defined in s. 366.02(4). 1190
Section 37. For the purpose of incorporating the amendment 1191
made by this act to section 500.03, Florida Statutes, in a 1192
reference thereto, subsection (3) of section 37 3.223, Florida 1193
Statutes, is reenacted to read: 1194
373.223 Conditions for a permit. — 1195
(3) Except for the transport and use of water supplied by 1196
the Central and Southern Florida Flood Control Project, and 1197
anywhere in the state when the transport and use of w ater is 1198
supplied exclusively for bottled water as defined in s. 1199
500.03(1)(d), any water use permit applications pending as of 1200
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April 1, 1998, with the Northwest Florida Water Management 1201
District and self-suppliers of water for which the proposed 1202
water source and area of use or application are located on 1203
contiguous private properties, when evaluating whether a 1204
potential transport and use of ground or surface water across 1205
county boundaries is consistent with the public interest, 1206
pursuant to paragraph (1)(c), t he governing board or department 1207
shall consider: 1208
(a) The proximity of the proposed water source to the area 1209
of use or application. 1210
(b) All impoundments, streams, groundwater sources, or 1211
watercourses that are geographically closer to the area of use 1212
or application than the proposed source, and that are 1213
technically and economically feasible for the proposed transport 1214
and use. 1215
(c) All economically and technically feasible alternatives 1216
to the proposed source, including, but not limited to, 1217
desalination, conservation, reuse of nonpotable reclaimed water 1218
and stormwater, and aquifer storage and recovery. 1219
(d) The potential environmental impacts that may result 1220
from the transport and use of water from the proposed source, 1221
and the potential environmental impac ts that may result from use 1222
of the other water sources identified in paragraphs (b) and (c). 1223
(e) Whether existing and reasonably anticipated sources of 1224
water and conservation efforts are adequate to supply water for 1225
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existing legal uses and reasonably ant icipated future needs of 1226
the water supply planning region in which the proposed water 1227
source is located. 1228
(f) Consultations with local governments affected by the 1229
proposed transport and use. 1230
(g) The value of the existing capital investment in water -1231
related infrastructure made by the applicant. 1232
1233
Where districtwide water supply assessments and regional water 1234
supply plans have been prepared pursuant to ss. 373.036 and 1235
373.709, the governing board or the department shall use the 1236
applicable plans and asse ssments as the basis for its 1237
consideration of the applicable factors in this subsection. 1238
Section 38. For the purpose of incorporating the amendment 1239
made by this act to section 500.03, Florida Statutes, in a 1240
reference thereto, paragraph (a) of subsectio n (2) of section 1241
373.701, Florida Statutes, is reenacted to read: 1242
373.701 Declaration of policy. —It is declared to be the 1243
policy of the Legislature: 1244
(2)(a) Because water constitutes a public resource 1245
benefiting the entire state, it is the policy of the Legislature 1246
that the waters in the state be managed on a state and regional 1247
basis. Consistent with this directive, the Legislature 1248
recognizes the need to allocate water throughout the state so as 1249
to meet all reasonable -beneficial uses. However, the Legisl ature 1250
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acknowledges that such allocations have in the past adversely 1251
affected the water resources of certain areas in this state. To 1252
protect such water resources and to meet the current and future 1253
needs of those areas with abundant water, the Legislature 1254
directs the department and the water management districts to 1255
encourage the use of water from sources nearest the area of use 1256
or application whenever practicable. Such sources shall include 1257
all naturally occurring water sources and all alternative water 1258
sources, including, but not limited to, desalination, 1259
conservation, reuse of nonpotable reclaimed water and 1260
stormwater, and aquifer storage and recovery. Reuse of potable 1261
reclaimed water and stormwater shall not be subject to the 1262
evaluation described in s. 373. 223(3)(a)-(g). However, this 1263
directive to encourage the use of water, whenever practicable, 1264
from sources nearest the area of use or application shall not 1265
apply to the transport and direct and indirect use of water 1266
within the area encompassed by the Central and Southern Florida 1267
Flood Control Project, nor shall it apply anywhere in the state 1268
to the transport and use of water supplied exclusively for 1269
bottled water as defined in s. 500.03(1)(d), nor shall it apply 1270
to the transport and use of reclaimed water for electrical power 1271
production by an electric utility as defined in s. 366.02(4). 1272
Section 39. This act shall take effect July 1, 2023. 1273