FL
Florida House Bill H1279

Florida 2023 Regular Session

Florida House Bill H1279 Compare Versions

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1010 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
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14+A bill to be entitled 1
1515 An act relating to the Department of Agriculture and 2
1616 Consumer Services; amending s. 212.08, F.S.; 3
1717 authorizing farmers whose property meets certain 4
1818 requirements to apply to the Department of Revenue for 5
1919 a Florida farm tax exempt agricultural materials 6
2020 (TEAM) card; providing the purpose of the Florida farm 7
2121 TEAM card; providing that the Florida farm TEAM card 8
2222 is subject to certain review and expiration 9
2323 provisions; requiring the Department of Revenue to 10
2424 adopt rules; authorizing the Department of Agriculture 11
2525 and Consumer Services to take certain administrative 12
2626 actions regarding the Florida farm TEAM card; 13
2727 relieving selling dealers of the responsibility of 14
2828 collecting sales tax on purchases by Florida farm TEAM 15
2929 cardholders; requiring the Department of Revenue to 16
3030 accept Florida farm TEAM card applications beginning 17
3131 on a specified date; authorizing the Department of 18
3232 Revenue to adopt emergency rules; providing for the 19
3333 expiration of such authority; amending s. 213.053, 20
3434 F.S.; authorizing the Department of Revenue to make 21
3535 certain information available to the Department of 22
3636 Agriculture and Consumer Services for the purpose of 23
3737 administering the Florida farm TEAM card; creating s. 24
3838 287.0823, F.S.; requiring by a specified date all food 25
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4747 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
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5151 commodities purchased by certain state ent ities to be 26
5252 grown or produced in this state under certain 27
5353 circumstances; requiring such state entities to give 28
5454 preference to certain food commodities; authorizing 29
5555 competitive solicitations for such food commodities to 30
5656 give preference to certain vendors; re quiring the 31
5757 Department of Management Services to provide a 32
5858 biennial report to the Governor, the Cabinet, and the 33
5959 Legislature by a specified date; requiring the 34
6060 department to adopt by rule a specified form; 35
6161 requiring certain state entities to submit the for m to 36
6262 the department biennially by a specified date; 37
6363 providing requirements for the report; amending s. 38
6464 500.03, F.S.; revising, redefining, and deleting 39
6565 terms; revising construction regarding the selling of 40
6666 food; amending s. 500.032, F.S.; requiring the 41
6767 Department of Agriculture and Consumer Services to 42
6868 administer and enforce certain provisions relating to 43
6969 the storage of food; amending s. 500.12, F.S.; 44
7070 revising the types of entities required to obtain food 45
7171 permits from the department; conforming provisions t o 46
7272 changes made by the act; requiring food permits to be 47
7373 annually renewed in accordance with certain 48
7474 provisions; authorizing the department to charge a 49
7575 prorated fee for certain purposes; requiring late fees 50
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8484 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
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8888 for applications not received on or before their d ue 51
8989 date; amending s. 500.121, F.S.; conforming provisions 52
9090 to changes made by the act; amending s. 500.147, F.S.; 53
9191 requiring bottled water to be processed in conformance 54
9292 with department rule; amending s. 500.172, F.S.; 55
9393 authorizing an agent of the department to take 56
9494 specified actions regarding mislabeled food; 57
9595 reordering and amending s. 502.012, F.S.; defining, 58
9696 revising, and redefining terms; amending s. 502.013, 59
9797 F.S.; revising the purpose of certain provisions 60
9898 regarding milk and milk products; amending s. 502 .014, 61
9999 F.S.; revising the authority of the department to 62
100100 permit and collect samples of products for testing at 63
101101 certain facilities; amending s. 502.042, F.S.; 64
102102 deleting a provision requiring the department to 65
103103 periodically conduct certain shelf -life studies and to 66
104104 sample certain milk products; making technical 67
105105 changes; amending s. 502.053, F.S.; revising the milk 68
106106 facilities required to apply for a permit to operate; 69
107107 requiring operating permits for certain frozen dessert 70
108108 plants; deleting a requirement that froze n dessert 71
109109 plant permitholders submit specified reports to the 72
110110 department; conforming provisions to changes made by 73
111111 the act; amending s. 502.181, F.S.; deleting 74
112112 prohibitions against certain testing for milkfat 75
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121121 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
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125125 content and for repasteurizing milk; amending s . 76
126126 502.231, F.S.; conforming a provision to changes made 77
127127 by the act; repealing s. 502.301, F.S., relating to 78
128128 the Dairy Industry Technical Council; creating s. 79
129129 570.161, F.S.; requiring certain licensees or permit 80
130130 holders to notify the department in writing o f the 81
131131 person's e-mail address; providing civil penalties; 82
132132 providing that service by e -mail constitutes adequate 83
133133 and sufficient notice; authorizing the department to 84
134134 achieve service by other specified means under certain 85
135135 circumstances; repealing s. 570.23, F.S., relating to 86
136136 the State Agricultural Advisory Council; amending s. 87
137137 570.71, F.S.; requiring the department to submit 88
138138 specified conservation easement purchase agreements to 89
139139 the Board of Trustees of the Internal Improvement 90
140140 Trust Fund for approval; amendi ng s. 570.715, F.S.; 91
141141 increasing the estimated value threshold for the 92
142142 appraisal of specified conservation easement 93
143143 acquisitions; repealing s. 570.843, F.S., relating to 94
144144 the Florida Young Farmer and Rancher Advisory Council; 95
145145 amending s. 570.93, F.S.; revisi ng the required 96
146146 contents of the department's agricultural water 97
147147 conservation program; amending s. 576.011, F.S.; 98
148148 defining and redefining terms; repealing ss. 99
149149 581.217(14) and 585.008, F.S., relating to the 100
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158158 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
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160160
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162162 Industrial Hemp Advisory Council and the Animal 101
163163 Industry Technical Council, respectively; amending s. 102
164164 586.045, F.S.; revising the timeframe during which the 103
165165 department is required to provide written notice and 104
166166 forms to beekeepers for annual certificate of 105
167167 registration renewals; amending s. 595.404, F.S.; 106
168168 requiring the department to adopt and implement an 107
169169 exemption, waiver, and variance process by rule for 108
170170 sponsors of certain school food and other nutrition 109
171171 programs; amending s. 597.003, F.S.; revising the 110
172172 powers and duties of the department regarding the 111
173173 regulation of aquaculture in this state; providing 112
174174 construction; amending s. 597.004, F.S.; deleting 113
175175 requirements for rules adopted by the department for 114
176176 aquaculture certificates of registration; deleting 115
177177 provisions authorizing certain alligator producers to 116
178178 be issued aquaculture certificates of registration; 117
179179 providing legislative intent; preempting to the 118
180180 department the regulatory and permitting authority for 119
181181 all aquaculture products; providing construction; 120
182182 revising the types of aquaculture products that ma y be 121
183183 sold by an aquaculture producer under certain 122
184184 circumstances; amending s. 597.005, F.S.; revising the 123
185185 composition and responsibilities of the Aquaculture 124
186186 Review Council; amending s. 599.002, F.S.; revising 125
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195195 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
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197197
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199199 the composition of the Viticulture Advisory Co uncil; 126
200200 amending s. 934.50, F.S.; authorizing non -law 127
201201 enforcement employees of the department to use drones 128
202202 for specified purposes; amending s. 259.105, F.S.; 129
203203 conforming cross-references; reenacting ss. 130
204204 373.016(4)(a), 373.223(3), and 373.701(2)(a), F.S., 131
205205 relating to declarations of state water policy and 132
206206 conditions for a permit, respectively, to incorporate 133
207207 the amendment made by this act to s. 500.03, F.S., in 134
208208 references thereto; providing an effective date. 135
209209 136
210210 Be It Enacted by the Legislature of the State of Florida: 137
211211 138
212212 Section 1. Subsection (19) is added to section 212.08, 139
213213 Florida Statutes, to read: 140
214214 212.08 Sales, rental, use, consumption, distribution, and 141
215215 storage tax; specified exemptions. —The sale at retail, the 142
216216 rental, the use, the consumption, the distribution, and the 143
217217 storage to be used or consumed in this state of the following 144
218218 are hereby specifically exempt from the tax imposed by this 145
219219 chapter. 146
220220 (19) FLORIDA FARM TEAM CARD. - 147
221221 (a) Notwithstanding any other law, a farmer whose property 148
222222 has been classified as agricultural pursuant to s. 193.461 or 149
223223 who has implemented agricultural best management practices 150
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232232 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
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236236 adopted by the Department of Agriculture and Consumer Services 151
237237 pursuant to s. 403.067(7)(c)2. may apply to the department for a 152
238238 Florida farm tax exempt agricultural materials (TEAM) card to 153
239239 claim the applicable sales tax exemptions provided in this 154
240240 section. A farmer may present the Florida farm TEAM card to a 155
241241 selling dealer in lieu of a certificate or affidavit otherwise 156
242242 required by this chapter. 157
243243 (b) The Florida farm TEAM card is subject to the review 158
244244 and expiration provisions of s. 212.084. The department shall 159
245245 adopt rules to administer this subsection. The Department of 160
246246 Agriculture and Consumer Services may take all actions necessary 161
247247 for the administration, issuance, and distribution of the 162
248248 Florida farm TEAM cards to farmers registered with the 163
249249 department. 164
250250 (c) For items purchased tax exempt pursuant to this 165
251251 subsection, proof of acceptance by a selling dealer of a Florida 166
252252 farm TEAM card from a purchaser relieves the selling dealer of 167
253253 the responsibility of collecting the tax on the sale of such 168
254254 items, and the department shall look solely to the purchaser for 169
255255 recovery of the tax if it determines that the purchaser was not 170
256256 entitled to the exemption . 171
257257 (d) The department shall accept Florida farm TEAM card 172
258258 applications beginning on January 1, 2024. 173
259259 Section 2. (1) The Department of Revenue may, and all 174
260260 conditions are deemed met to, adopt emergency rules pursuant to 175
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269269 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
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273273 s. 120.54(4), Florida Statutes, for the purpose of implementing 176
274274 s. 212.08(19), Florida Statutes. 177
275275 (2) Notwithstanding any other law, emergency rules adopted 178
276276 pursuant to this section are effective for 6 months after 179
277277 adoption and may be renewed during the pendency of procedures to 180
278278 adopt permanent rules addressing the subject of the emergency 181
279279 rules. 182
280280 Section 3. Subsection (24) is added to section 213.053, 183
281281 Florida Statutes, to read: 184
282282 213.053 Confidentiality and information sharing. — 185
283283 (24) The department may make available to the Depart ment 186
284284 of Agriculture and Consumer Services, exclusively for official 187
285285 purposes, information for the purposes of administering or 188
286286 issuing the Florida farm TEAM card pursuant to s. 212.08(19). 189
287287 Section 4. Section 287.0823, Florida Statutes, is created 190
288288 to read: 191
289289 287.0823 Preference to commodities grown or produced in 192
290290 Florida.— 193
291291 (1) By 2025 or upon expiration of any existing food 194
292292 service contract, whichever is earlier, all food commodities 195
293293 purchased by a state agency, a state university, a Florida 196
294294 College System institution, or any contracted food service 197
295295 provider thereof must be grown or produced in this state when 198
296296 available, practical, and feasible. 199
297297 (2) Notwithstanding any other provision of this section, 200
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306306 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
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310310 and to the extent authorized by federal law, suc h state 201
311311 agencies, state universities, Florida College System 202
312312 institutions, and contracted food service providers thereof 203
313313 shall give preference to food commodities grown or produced in 204
314314 this state when purchasing food commodities, including farm 205
315315 products as defined in s. 823.14, of any class, variety, or use 206
316316 thereof in their natural state or as processed by a farm 207
317317 operation or processor for the purpose of marketing such 208
318318 product. 209
319319 (3) A competitive solicitation for the purchase of food 210
320320 commodities may give pr eference over other vendors to a 211
321321 responsive and responsible vendor who agrees to fulfill the 212
322322 contract through the use of food commodities grown or produced 213
323323 in this state, provided that such preference does not exceed 10 214
324324 percent of the total score allocated to price or does not result 215
325325 in a price increase greater than 10 percent. 216
326326 (4) By November 1, 2024, and each November 1 biennially 217
327327 thereafter, the department shall prepare and submit a report to 218
328328 the Governor, the Cabinet, the President of the Senate, and the 219
329329 Speaker of the House of Representatives which describes the 220
330330 amount of food commodities grown or produced in this state which 221
331331 were purchased according to the requirements of this section. In 222
332332 order to compile such report, the department shall adopt by ru le 223
333333 a form to be submitted to the department by each state agency, 224
334334 state university, and Florida College System institution, or 225
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343343 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
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345345
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347347 contracted food service provider thereof that purchases food 226
348348 commodities. Such state entities shall submit the form to the 227
349349 department by August 1, 2024, and each August 1 biennially 228
350350 thereafter. The report must contain, at a minimum, all of the 229
351351 following information: 230
352352 (a) The total expenditures on, and the quantity purchased 231
353353 of, food commodities by each state agency, state universit y, and 232
354354 Florida College System institution. 233
355355 (b) The total expenditures on, and the quantity purchased 234
356356 of, food commodities grown or produced in this state by each 235
357357 state agency, state university, and Florida College System 236
358358 institution. 237
359359 (c) The total expenditures on food commodities grown or 238
360360 produced outside of this state by each state agency, state 239
361361 university, and Florida College System institution. 240
362362 (d) A statement and assessment of the good faith efforts 241
363363 of, and any failures by, each state agency, stat e university, or 242
364364 Florida College System institution, or any contracted food 243
365365 service provider thereof to comply with this section. 244
366366 Section 5. Paragraphs (d), (i), (p), (q), (r), and (bb) of 245
367367 subsection (1) and subsection (3) of section 500.03, Florida 246
368368 Statutes, are amended to read: 247
369369 500.03 Definitions; construction; applicability. — 248
370370 (1) For the purpose of this chapter, the term: 249
371371 (d) "Bottled water" means water intended for human 250
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380380 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
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384384 consumption and sealed in a bottle or other container with no 251
385385 added ingredients, except that it may contain safe and suitable 252
386386 antimicrobial agents a beverage, as described in 21 C.F.R. part 253
387387 165 (2006), that is processed in compliance with 21 C.F.R. part 254
388388 129 (2006). 255
389389 (i) "Convenience store" means a business that is engaged 256
390390 primarily in the retail sale of groceries or motor fuels or 257
391391 special fuels and may offer food services to the public. 258
392392 Businesses providing motor fuel or special fuel to the public 259
393393 which also offer groceries or food service are included in the 260
394394 definition of a convenience store. 261
395395 (o)(p) "Food establishment" means a factory, food outlet, 262
396396 or other facility manufacturing, processing, packing, holding, 263
397397 storing, or preparing food or selling food at wholesale or 264
398398 retail. The term does not include a business or activity that is 265
399399 regulated under s. 413.051, s. 500.80, chapter 509, or chapter 266
400400 601. The term includes tomato packinghouses and repackers but 267
401401 does not include any other establishments that pack fruits and 268
402402 vegetables in their raw or natural states, including those 269
403403 fruits or vegetables that are washed, colored, or otherwise 270
404404 treated in their unpeeled, natural form before they are 271
405405 marketed. 272
406406 (q) "Food outlet" means any grocery store; convenience 273
407407 store; minor food outlet; meat, poultry, or fish and related 274
408408 aquatic food market; fruit or vegetable market; food warehouse; 275
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417417 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
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421421 refrigerated storage facility; freezer locker; salvage food 276
422422 facility; or any other similar place storing or offering food 277
423423 for sale. 278
424424 (r) "Food service establishment" means any place where 279
425425 food is prepared and intended for individual portion service, 280
426426 and includes the site at which individual portions are provided. 281
427427 The term includes any such place regardless of whether 282
428428 consumption is on or off the premises and regardless of whether 283
429429 there is a charge for the food. The term includes delicatessens 284
430430 that offer prepared food in individual service portions. The 285
431431 term does not include schools, institutions, fraternal 286
432432 organizations, private homes where food is prepared or served 287
433433 for individual family consumption, retai l food stores, the 288
434434 location of food vending machines, cottage food operations, and 289
435435 supply vehicles, nor does the term include a research and 290
436436 development test kitchen limited to the use of employees and 291
437437 which is not open to the general public. 292
438438 (bb) "Retail food store" means any establishment or 293
439439 section of an establishment where food and food products are 294
440440 offered to the consumer and intended for off -premises 295
441441 consumption. The term includes delicatessens that offer prepared 296
442442 food in bulk quantities only. The t erm does not include 297
443443 establishments which handle only prepackaged, nonpotentially 298
444444 hazardous foods; roadside markets that offer only fresh fruits 299
445445 and fresh vegetables for sale; food service establishments; or 300
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454454 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
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456456
457457
458458 food and beverage vending machines. 301
459459 (3) For the purpose of this chapter, the selling of food 302
460460 includes the manufacture, production, processing, packing, 303
461461 exposure, offer, possession, and holding of any article of food 304
462462 for sale; the sale, dispensing, and giving of any article of 305
463463 food; and the supplying to or applying of food in the conduct of 306
464464 any food establishment. 307
465465 Section 6. Subsection (1) of section 500.032, Florida 308
466466 Statutes, is amended to read: 309
467467 500.032 Declaration of policy and cooperation among 310
468468 departments.— 311
469469 (1) The department shall administer and enforce is charged 312
470470 with the administration and enforcement of this chapter in order 313
471471 to prevent fraud, harm, adulteration, misbranding, or false 314
472472 advertising in the preparation, manufacture, storage, or sale of 315
473473 articles of food. The department shall It is further charged to 316
474474 enforce the provisions of this chapter relating to the 317
475475 production, manufacture, transportation, storage, and sale of 318
476476 food, as well as articles entering into, and intended for use as 319
477477 ingredients in the preparation of, food. 320
478478 Section 7. Paragraphs (a), (b), and (e) of subsection (1), 321
479479 subsection (2), paragraph (a) of subsection (5), and subsection 322
480480 (8) of section 500.12, Florida Statutes, are amended to read: 323
481481 500.12 Food permits; building permits. — 324
482482 (1)(a) A food permit from the dep artment is required of 325
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491491 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
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495495 any person who operates a food establishment or retail food 326
496496 store, except: 327
497497 1. Persons operating minor food outlets that sell food 328
498498 that is commercially prepackaged, not potentially hazardous, and 329
499499 not time or temperature controlled f or safety, if the shelf 330
500500 space for those items does not exceed 12 total linear feet and 331
501501 no other food is sold by the minor food outlet. 332
502502 2. Persons subject to continuous, onsite federal or state 333
503503 inspection. 334
504504 3. Persons selling only legumes in the shell, e ither 335
505505 parched, roasted, or boiled. 336
506506 4. Persons selling sugar cane or sorghum syrup that has 337
507507 been boiled and bottled on a premise located within this the 338
508508 state. Such bottles must contain a label listing the producer's 339
509509 name and street address, all added ing redients, the net weight 340
510510 or volume of the product, and a statement that reads, "This 341
511511 product has not been produced in a facility permitted by the 342
512512 Florida Department of Agriculture and Consumer Services." 343
513513 (b) Each food establishment and retail food store 344
514514 regulated under this chapter must apply for and receive a food 345
515515 permit before operation begins. An application for a food permit 346
516516 from the department must be accompanied by a fee in an amount 347
517517 determined by department rule. The department shall adopt by 348
518518 rule a schedule of fees to be paid by each food establishment 349
519519 and retail food store as a condition of issuance or renewal of a 350
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528528 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
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532532 food permit. Such fees may not exceed $650 and must shall be 351
533533 used solely for the recovery of costs for the services provided, 352
534534 except that the fee accompanying an application for a food 353
535535 permit for operating a bottled water plant may not exceed $1,000 354
536536 and the fee accompanying an application for a food permit for 355
537537 operating a packaged ice plant may not exceed $250. The fee for 356
538538 operating a bottled water plant or a packaged ice plant must 357
539539 shall be set by rule of the department. Food permits are not 358
540540 transferable from one person or physical location to another. 359
541541 Food permits must be renewed in accordance with subparagraphs 360
542542 1., 2., and 3. annually on or before January 1. If an 361
543543 application for renewal of a food permit is not received by the 362
544544 department on or before within 30 days after its due date, a 363
545545 late fee not exceeding $100 must be paid in addition to the food 364
546546 permit fee before the department ma y issue the food permit. The 365
547547 moneys collected must shall be deposited in the General 366
548548 Inspection Trust Fund. 367
549549 1. A food permit issued to a new food establishment on or 368
550550 after September 1, 2023, is valid for 1 calendar year after the 369
551551 date of issuance and mus t be renewed annually on or before that 370
552552 date thereafter. 371
553553 2. Effective January 1, 2024, a food permit issued before 372
554554 September 1, 2023, expires on the month and day the initial 373
555555 permit was issued to the food establishment and must be renewed 374
556556 annually on or before that date thereafter. The department may 375
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565565 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
566566
567567
568568
569569 charge a prorated permit fee for purposes of this subparagraph. 376
570570 3. The owner of 100 or more permitted food establishment 377
571571 locations may elect to set the expiration of food permits for 378
572572 such establishments as December 31 of each calendar year. 379
573573 (e) The department is the exclusive regulatory and 380
574574 permitting authority for all food outlets, retail food stores, 381
575575 food establishments, convenience stores, and minor food outlets 382
576576 in accordance with this section. Applicat ion for a food permit 383
577577 must be made on forms provided by the department, which forms 384
578578 must also contain provision for application for registrations 385
579579 and permits issued by other state agencies and for collection of 386
580580 the food permit fee and any other fees associ ated with 387
581581 registration, licensing, or applicable surcharges. The details 388
582582 of the application must shall be prescribed by department rule. 389
583583 (2) When any person applies for a building permit to 390
584584 construct, convert, or remodel any food establishment, food 391
585585 outlet, or retail food store, the authority issuing such permit 392
586586 shall make available to the applicant a printed statement, 393
587587 provided by the department, regarding the applicable sanitation 394
588588 requirements for such establishments. A building permitting 395
589589 authority, or municipality or county under whose jurisdiction a 396
590590 building permitting authority operates, may not be held liable 397
591591 for a food establishment , food outlet, or retail food store that 398
592592 does not comply with the applicable sanitation requirements due 399
593593 to failure of the building permitting authority to provide the 400
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602602 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
603603
604604
605605
606606 information as provided in this subsection. 401
607607 (a) The department shall furnish, for distribution, a 402
608608 statement that includes the checklist to be used by the food 403
609609 inspector in any preoperational inspections t o assure that the 404
610610 food establishment is constructed and equipped to meet the 405
611611 applicable sanitary guidelines. Such preoperational inspection 406
612612 is shall be a prerequisite for obtaining a food permit in 407
613613 accordance with this section. 408
614614 (b) The department may pro vide assistance, when requested 409
615615 by the applicant, in the review of any construction or 410
616616 remodeling plans for food establishments. The department may 411
617617 charge a fee for such assistance which covers the cost of 412
618618 providing the assistance and which must shall be deposited in 413
619619 the General Inspection Trust Fund for use in funding the food 414
620620 safety program. 415
621621 (c) A building permitting authority or other subdivision 416
622622 of local government may not require the department to approve 417
623623 construction or remodeling plans for food est ablishments and 418
624624 retail food stores as a condition of any permit or license at 419
625625 the local level. 420
626626 (5) It is the intent of the Legislature to eliminate 421
627627 duplication of regulatory inspections of food. Regulatory and 422
628628 permitting authority over any food establish ment is preempted to 423
629629 the department, except as provided in chapter 379. 424
630630 (a) Food establishments or retail food stores that have 425
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639639 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
640640
641641
642642
643643 ancillary food service activities shall be permitted and 426
644644 inspected by the department. 427
645645 (8) A person who applies for or renews a local business 428
646646 tax certificate to engage in business as a food establishment or 429
647647 retail food store must exhibit a current food permit or an 430
648648 active letter of exemption from the department before the local 431
649649 business tax certificate may be issued or renewed. 432
650650 Section 8. Subsection (1) of section 500.121, Florida 433
651651 Statutes, is amended to read: 434
652652 500.121 Disciplinary procedures. — 435
653653 (1) In addition to the suspension procedures provided in 436
654654 s. 500.12, if applicable, the department may impose an 437
655655 administrative fine in the Class II category pursuant to s. 438
656656 570.971 against any retail food store, food establishment, or 439
657657 cottage food operation that violates this chapter, which fine, 440
658658 when imposed and paid, must shall be deposited by the department 441
659659 into the General Inspec tion Trust Fund. The department may 442
660660 revoke or suspend the permit of any such retail food store or 443
661661 food establishment if it is satisfied that the retail food store 444
662662 or food establishment has: 445
663663 (a) Violated this chapter. 446
664664 (b) Violated or aided or abetted in the violation of any 447
665665 law of this state governing or applicable to retail food stores 448
666666 or food establishments or any lawful rules of the department. 449
667667 (c) Knowingly committed, or been a party to, any material 450
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676676 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
677677
678678
679679
680680 fraud, misrepresentation, conspiracy, collusion, trick, scheme, 451
681681 or device whereby another person, lawfully relying upon the 452
682682 word, representation, or conduct of a retail food store or food 453
683683 establishment, acts to her or his injury or damage. 454
684684 (d) Committed any act or conduct of the same or different 455
685685 character than that enumerated which constitutes fraudulent or 456
686686 dishonest dealing. 457
687687 Section 9. Paragraph (a) of subsection (3) of section 458
688688 500.147, Florida Statutes, is amended to read: 459
689689 500.147 Inspection of food establishments, food records, 460
690690 and vehicles.— 461
691691 (3) For bottled water plants: 462
692692 (a) Bottled water must be from an approved source. Bottled 463
693693 water must be processed in conformance with department rule 21 464
694694 C.F.R. part 129 (2006), and must conform to 21 C.F.R. part 165 465
695695 (2006). A person operating a bot tled water plant is shall be 466
696696 responsible for all water sampling and analyses required by this 467
697697 chapter. 468
698698 Section 10. Subsection (1) of section 500.172, Florida 469
699699 Statutes, is amended to read: 470
700700 500.172 Embargoing, detaining, destroying of food, food 471
701701 processing equipment, or areas that are in violation. — 472
702702 (1) When the department, or its duly authorized agent who 473
703703 has received appropriate education and training regarding the 474
704704 legal requirements of this chapter, finds or has probable cause 475
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713713 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
714714
715715
716716
717717 to believe that any f ood, food processing equipment, food 476
718718 processing area, or food storage area is in violation of this 477
719719 chapter or any rule adopted under this chapter so as to be 478
720720 dangerous, unwholesome, mislabeled, fraudulent, or insanitary 479
721721 within the meaning of this chapter, an agent of the department 480
722722 may issue and enforce a stop -sale, stop-use, removal, or hold 481
723723 order, which order gives notice that such article, processing 482
724724 equipment, processing area, or storage area is or is suspected 483
725725 of being in violation and has been detaine d or embargoed and 484
726726 which order warns all persons not to remove, use, or dispose of 485
727727 such article, processing equipment, processing area, or storage 486
728728 area by sale or otherwise until permission for removal, use, or 487
729729 disposal is given by the department or the co urt. A person may 488
730730 not remove, use, or dispose of such detained or embargoed 489
731731 article, processing equipment, processing area, or storage area 490
732732 by sale or otherwise without such permission. 491
733733 Section 11. Section 502.012, Florida Statutes, is 492
734734 reordered and amended to read: 493
735735 502.012 Definitions. —As used in this chapter, the term: 494
736736 (1) "Bulk milk hauler/sampler" means a person who collects 495
737737 official samples and transports raw milk from a farm or raw milk 496
738738 products to or from a milk plant, receiving station, or t ransfer 497
739739 station and is permitted to sample the milk products by any 498
740740 state regulatory agency charged with implementing the United 499
741741 States Food and Drug Administration's Grade "A" program. 500
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750750 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
751751
752752
753753
754754 (2) "Bulk milk pickup tanker" means a vehicle, including 501
755755 the truck and tank, and those appurtenances necessary for its 502
756756 use necessary attachments , that is used by a milk hauler to 503
757757 transport bulk raw milk for pasteurization , ultra-504
758758 pasteurization, aseptic proce ssing and packaging, or retort 505
759759 processing after packaging from a dairy farm to a milk plant, 506
760760 receiving station, or transfer station. 507
761761 (3)(2) "Dairy farm" means any place or premises where one 508
762762 or more lactating animals, including cows, goats, sheep, water 509
763763 buffalo, or other hooved mammals , are kept for milking purposes, 510
764764 and from which a part or all of the milk is provided, sold, or 511
765765 offered for sale. 512
766766 (4)(3) "Department" means the Department of Agriculture 513
767767 and Consumer Services. 514
768768 (5)(4) "Frozen dessert" mea ns a specific standardized 515
769769 frozen dessert described in 21 C.F.R. part 135 , excluding part 516
770770 135.160 and any other food defined by rule of the department 517
771771 that resembles such standardized frozen dessert but does not 518
772772 conform to the specific description of such standardized frozen 519
773773 dessert in 21 C.F.R. part 135. The term includes, but is not 520
774774 limited to, a quiescently frozen confection, a quiescently 521
775775 frozen dairy confection, a frozen dietary dairy dessert, and a 522
776776 frozen dietary dessert . 523
777777 (5) "Frozen desserts manufa cturer" means a person who 524
778778 manufactures, processes, converts, partially freezes, or freezes 525
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787787 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
788788
789789
790790
791791 any mix or frozen dessert for distribution or sale. 526
792792 (6) "Frozen desserts plant" means any place that 527
793793 pasteurizes dairy products or receives raw milk for the purpo se 528
794794 of manufacturing or processing frozen desserts location or 529
795795 premises at which frozen desserts or mix are manufactured, 530
796796 processed, or frozen for distribution or sale at wholesale . 531
797797 (7) "Frozen desserts retail establishment" means any 532
798798 location or premises , including a retail store, stand, hotel, 533
799799 boardinghouse, restaurant, vehicle, or mobile unit, at which 534
800800 frozen desserts are frozen, partially frozen, or dispensed for 535
801801 sale at retail. 536
802802 (8) "Frozen dietary dairy dessert" or "frozen dietary 537
803803 dessert" means a food for any special dietary use, prepared by 538
804804 freezing, with or without agitation, and composed of a 539
805805 pasteurized mix that may contain fat, protein, carbohydrates, 540
806806 natural or artificial sweeteners, flavoring, stabilizers, 541
807807 emulsifiers, vitamins, and minerals. 542
808808 (9) "Grade 'A' pasteurized milk ordinance" means the 543
809809 document entitled "Grade 'A' Pasteurized Milk Ordinance, United 544
810810 States Department of Health and Human Services, Public Health 545
811811 Service, Food and Drug Administration," including all associated 546
812812 appendices, as adopted by department rule. 547
813813 (8)(10) "Imitation milk and imitation milk products" means 548
814814 those foods that have the physical characteristics, such as 549
815815 taste, flavor, body, texture, or appearance, of milk or milk 550
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824824 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
825825
826826
827827
828828 products as defined in this chapter and the Grade "A" 551
829829 pasteurized milk ordinance but do not come within the definition 552
830830 of "milk" or "milk products" and are nutritionally inferior to 553
831831 the product imitated. 554
832832 (9)(11) "Milk" means the lacteal secretion, practically 555
833833 free from colostrum, obtained by t he complete milking of one or 556
834834 more healthy cows, goats, sheep, water buffalo, or other hooved 557
835835 mammals. 558
836836 (10)(12) "Milk distributor" means any person who offers 559
837837 for sale or sells to another person any milk or milk product. 560
838838 (15)(13) "Milk products" means products made with milk 561
839839 that is processed in some manner, including being whipped, 562
840840 acidified, cultured, concentrated, lactose -reduced, or sodium-563
841841 reduced or aseptically processed, or having the addition or 564
842842 subtraction of milkfat, the addition of safe and su itable 565
843843 microbial organisms, or the addition of safe and suitable 566
844844 optional ingredients for protein, vitamin, or mineral 567
845845 fortification. The term does "Milk products" do not include 568
846846 products such as evaporated milk, condensed milk, eggnog in a 569
847847 rigid metal container, dietary products, infant formula, or ice 570
848848 cream and other desserts. 571
849849 (18)(14) "Milkfat" or "butterfat" means the fat contained 572
850850 in milk. 573
851851 (11)(15) "Milk hauler" means any person who transports raw 574
852852 milk or raw milk products to or from a milk plant, receiving 575
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861861 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
862862
863863
864864
865865 station, or transfer station. 576
866866 (12)(16) "Milk plant" means any place, premises, or 577
867867 establishment where milk or milk products are collected, 578
868868 handled, processed, stored, pasteurized, ultra-pasteurized, 579
869869 aseptically processed and packaged, retort processed after 580
870870 packaging, condensed, dried, packaged , bottled, or prepared for 581
871871 distribution. 582
872872 (13)(17) "Milk plant operator" means any person 583
873873 responsible for receiving, processing, pasteurizing, or 584
874874 packaging milk and milk products, or performing any othe r 585
875875 related operation. 586
876876 (14)(18) "Milk producer" means any person who operates a 587
877877 dairy farm and provides, sells, or offers for sale milk to a 588
878878 milk plant, receiving station, or transfer station. 589
879879 (16)(19) "Milk tank truck" means either a bulk milk pickup 590
880880 tanker or a milk transport tank. 591
881881 (17)(20) "Milk transport tank" means a vehicle, including 592
882882 the truck and tank, used by a bulk milk hauler/sampler or a milk 593
883883 hauler to transport bulk shipments of milk from a milk plant, 594
884884 receiving station, or transfer station to another milk plant, 595
885885 receiving station, or transfer station. 596
886886 (21) "Quiescently frozen confection" means a clean and 597
887887 wholesome frozen, sweetened, flavored product that, while being 598
888888 frozen, was not stirred or agitated (generally known as 599
889889 quiescent freezing). The confection may be acidulated with food -600
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898898 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
899899
900900
901901
902902 grade acid, may contain milk solids or water, or may be made 601
903903 with or without added harmless pure or imitation flavoring and 602
904904 with or without harmless coloring. The finished product must not 603
905905 contain more than 0.5 percent by weight of stabilizer composed 604
906906 of wholesome, edible material and must not contain less than 17 605
907907 percent by weight of total food solids. In the production of the 606
908908 confection, processing or mixing before quiescent freezing that 607
909909 develops in the finished confection mix any physical expansion 608
910910 in excess of 10 percent may not be used. 609
911911 (22) "Quiescently frozen dairy confection" means a clean 610
912912 and wholesome frozen product made from water, milk products, and 611
913913 sugar, with added harmless pure or imitation f lavoring, with or 612
914914 without added harmless coloring, with or without added 613
915915 stabilizer, or with or without added emulsifier, that, while 614
916916 being frozen, was not stirred or agitated (generally known as 615
917917 quiescent freezing). The confection must not contain less th an 616
918918 13 percent by weight of total milk solids, less than 33 percent 617
919919 by weight of total food solids, more than 0.5 percent by weight 618
920920 of stabilizer, or more than 0.2 percent by weight of emulsifier. 619
921921 Stabilizer and emulsifier must be composed of wholesome, edi ble 620
922922 material. In the production of a quiescently frozen dairy 621
923923 confection, processing or mixing before quiescently freezing 622
924924 that develops in the finished confection mix any physical 623
925925 expansion in excess of 10 percent may not be used. 624
926926 (19)(23) "Raw milk" means unpasteurized unprocessed milk. 625
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935935 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
936936
937937
938938
939939 (20)(24) "Receiving station" means any place, premises, or 626
940940 establishment where raw milk is received, collected, handled, 627
941941 stored, or cooled and is prepared for further transporting. 628
942942 (21) "Reconstituted milk or milk pr oducts" or "recombined 629
943943 milk or milk products" means milk or milk products that result 630
944944 from reconstituting or recombining milk constituents with 631
945945 potable water. 632
946946 (22) "Retail" means the sale of goods to the public for 633
947947 use or consumption rather than for resa le. 634
948948 (23)(25) "Substitute milk and substitute milk products" 635
949949 means those foods that have the physical characteristics, such 636
950950 as taste, flavor, body, texture, or appearance, of milk or milk 637
951951 products as defined in this chapter and the Grade "A" 638
952952 pasteurized milk ordinance but do not come within the definition 639
953953 of "milk" or "milk products" and are nutritionally equivalent to 640
954954 the product for which they are substitutes. 641
955955 (24)(26) "Transfer station" means any place, premises, or 642
956956 establishment where milk or milk pr oducts are transferred 643
957957 directly from one milk tank truck to another. 644
958958 (25) "Ultra-pasteurization (UP)" means a process in which 645
959959 milk or milk product is thermally processed at or above 138 646
960960 degrees Celsius or 280 degrees Fahrenheit for at least 2 647
961961 seconds, before or after packaging, so as to produce a milk or 648
962962 milk product that has an extended shelf -life under refrigerated 649
963963 conditions. 650
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972972 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
973973
974974
975975
976976 (26)(27) "Washing station" means any place, premises, or 651
977977 establishment where milk tank trucks are cleaned and sanitized. 652
978978 (27) "Wholesale" means the selling of goods in quantity to 653
979979 be retailed by others. 654
980980 Section 12. Paragraph (d) of subsection (1) of section 655
981981 502.013, Florida Statutes, is amended to read: 656
982982 502.013 Purpose; intent. — 657
983983 (1) PURPOSE.—The purpose of this chap ter is to: 658
984984 (d) Ensure the normal flow of fresh wholesome milk and 659
985985 milk products from the farmer to the consumer by uniform 660
986986 regulation of the shelf life of milk and milk products in this 661
987987 state. 662
988988 Section 13. Paragraph (a) of subsection (2) of section 663
989989 502.014, Florida Statutes, is amended to read: 664
990990 502.014 Powers and duties. — 665
991991 (2)(a) The department shall permit, conduct onsite 666
992992 inspections of, and collect samples for testing from all 667
993993 facilities engaged in the production, processing, holding, or 668
994994 transfer of milk and milk products dairy farms, milk plants, and 669
995995 frozen dessert plants and collect test samples of milk, milk 670
996996 products, and frozen desserts as required by this chapter . 671
997997 Section 14. Section 502.042, Florida Statutes, is amended 672
998998 to read: 673
999999 502.042 Labeling of shelf life. —To ensure consumers full 674
10001000 disclosure of the date beyond which milk or milk products may no 675
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10091009 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
10101010
10111011
10121012
10131013 longer be offered for sale, all dairy processors must shall 676
10141014 establish, and legibly label as prescribed by rule of the 677
10151015 department, the maximum shelf-life period during which milk and 678
10161016 milk products may be offered for sale. For purposes of this 679
10171017 requirement, the term to "legibly label" means to label the 680
10181018 package or container with conspicuous and easily readable 681
10191019 boldfaced print or type in distinct c ontrast to the background, 682
10201020 by color. The department shall periodically conduct shelf -life 683
10211021 studies to review the keeping quality of milk and milk products 684
10221022 and shall sample periodically the products of the dairy 685
10231023 processors to determine if the shelf -life dating used by the 686
10241024 processors complies with the minimum standards of quality. 687
10251025 Section 15. Paragraphs (a) and (b) of subsection (1), 688
10261026 paragraph (d) of subsection (3), and paragraphs (a) and (c) of 689
10271027 subsection (4) of section 502.053, Florida Statutes, are amen ded 690
10281028 to read: 691
10291029 502.053 Permits and fees; requirements; exemptions; 692
10301030 temporary permits.— 693
10311031 (1) PERMITS.— 694
10321032 (a) All facilities engaged in the production, processing, 695
10331033 holding, or transfer of milk and milk products Each Grade "A" 696
10341034 milk plant, whether located in the state or outside the state, 697
10351035 and each manufacturing milk plant, milk producer, milk hauler, 698
10361036 milk hauling service, washing station operator, milk plant 699
10371037 operator, milk distributor, single -service-container 700
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10461046 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
10471047
10481048
10491049
10501050 manufacturer, receiving station, and transfer sta tion in this 701
10511051 the state must shall apply to the department for a permit to 702
10521052 operate. The application must shall be on forms developed by the 703
10531053 department. 704
10541054 (b) Each frozen dessert plant , whether located in the 705
10551055 state or outside the state, that manufactures frozen desserts or 706
10561056 other products defined in this chapter and offers these products 707
10571057 for wholesale for sale in this state must apply to the 708
10581058 department for a permit to operate. The application must be 709
10591059 submitted on a form forms prescribed by the department. All 710
10601060 frozen dessert permits expire on June 30 of each year. 711
10611061 (3) REQUIREMENTS.— 712
10621062 (d) Each frozen dessert plant permitholder must report 713
10631063 monthly, quarterly, semiannually, or annually, as required by 714
10641064 the department, the number of gallons o f frozen dessert or 715
10651065 frozen dessert mix sold or manufactured by the permitholder in 716
10661066 this state. 717
10671067 (4) EXEMPTIONS.— 718
10681068 (a) The following persons are shall be exempt from bulk 719
10691069 milk hauler/sampler hauler permit requirements: 720
10701070 1. Milk producers who transport mi lk or milk products only 721
10711071 from their own dairy farms. 722
10721072 2. Employees of a milk distributor or milk plant operator 723
10731073 who possesses a valid permit. 724
10741074 3. Drivers of bulk milk tank trucks between locations who 725
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10831083 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
10841084
10851085
10861086
10871087 do not collect milk from farms. 726
10881088 (c) Frozen desserts retail establishments as defined in s. 727
10891089 502.012 are exempt from this chapter. 728
10901090 Section 16. Subsections (1) and (4) of section 502.181, 729
10911091 Florida Statutes, are amended to read: 730
10921092 502.181 Prohibited acts. —It is unlawful for any person in 731
10931093 this state to: 732
10941094 (1) Engage in the business of producing, hauling, 733
10951095 transferring, receiving, processing, packaging, or distributing 734
10961096 milk, milk products, or frozen desserts or operating a washing 735
10971097 station, manufacturing single -service containers, or 736
10981098 manufacturing imitation or s ubstitute milk or milk products , or 737
10991099 testing for milkfat content, without first obtaining a permit or 738
11001100 license from the department. 739
11011101 (4) Repasteurize milk. 740
11021102 Section 17. Paragraph (b) of subsection (1) of section 741
11031103 502.231, Florida Statutes, is amended to r ead: 742
11041104 502.231 Penalty and injunction. — 743
11051105 (1) The department may enter an order imposing one or more 744
11061106 of the following penalties against any person who violates any 745
11071107 provision of this chapter: 746
11081108 (b) Imposition of an administrative fine: 747
11091109 1. In the Class II category pursuant to s. 570.971 for 748
11101110 each violation in the case of a frozen dessert licensee; or 749
11111111 2. Ten percent of the license fee or $100, whichever is 750
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11201120 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
11211121
11221122
11231123
11241124 greater, for failure to report the information described in s. 751
11251125 502.053(3)(d); or 752
11261126 3. In the Class I category pursuant to s. 570.971 for each 753
11271127 occurrence for any other violation. 754
11281128 755
11291129 When imposing a fine under this paragraph, the department must 756
11301130 consider the degree and extent of harm caused by the violation, 757
11311131 the cost of rectifying the damag e, the benefit to the violator, 758
11321132 whether the violation was committed willfully, and the 759
11331133 violator's compliance record. 760
11341134 Section 18. Section 502.301, Florida Statutes, is 761
11351135 repealed. 762
11361136 Section 19. Section 570.161, Florida Statutes, is created 763
11371137 to read: 764
11381138 570.161 E-mail address of record. — 765
11391139 (1) In addition to any other requirement set forth in law, 766
11401140 each person licensed or permitted by the department shall notify 767
11411141 the department in writing of the person's e -mail address. The 768
11421142 failure to notify the department of a change in any e-mail 769
11431143 address provided to the department constitutes a violation of 770
11441144 this section and may be subject to the penalties provided in s. 771
11451145 570.971(3). 772
11461146 (2)(a) Notwithstanding any other provision of law, service 773
11471147 by e-mail to a person's e -mail address of record constitutes 774
11481148 adequate and sufficient notice when required by law, except when 775
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11571157 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
11581158
11591159
11601160
11611161 other service is required pursuant to s. 120.60. 776
11621162 (b) If the department receives notification that service 777
11631163 by e-mail, as authorized by this section, has failed, t he 778
11641164 department may provide notice to the person by calling the 779
11651165 person's last known telephone number of record, mailing the 780
11661166 notice to the last known address, or posting a short, plain 781
11671167 notice to the person on the department's website. 782
11681168 Section 20. Section 570.23, Florida Statutes, is repealed. 783
11691169 Section 21. Subsections (10) through (13) of section 784
11701170 570.71, Florida Statutes, are renumbered as subsections (11) 785
11711171 through (14), respectively, and a new subsection (10) is added 786
11721172 to that section to read: 787
11731173 570.71 Conservation easements and agreements. — 788
11741174 (10) Notwithstanding any other law or rule, the department 789
11751175 shall submit a purchase agreement authorized by this section to 790
11761176 the Board of Trustees of the Internal Improvement Trust Fund for 791
11771177 approval if the purchase pri ce exceeds $5 million. 792
11781178 Section 22. Paragraph (b) of subsection (1) of section 793
11791179 570.715, Florida Statutes, is amended to read: 794
11801180 570.715 Conservation easement acquisition procedures. — 795
11811181 (1) For less than fee simple acquisitions pursuant to s. 796
11821182 570.71, the Department of Agriculture and Consumer Services 797
11831183 shall comply with the following acquisition procedures: 798
11841184 (b) Before approval by the board of trustees of an 799
11851185 agreement to purchase less than fee simple title to land 800
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11941194 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
11951195
11961196
11971197
11981198 pursuant to s. 570.71, an appraisal of th e parcel shall be 801
11991199 required as follows: 802
12001200 1. Each parcel to be acquired shall have at least one 803
12011201 appraisal. Two appraisals are required when the estimated value 804
12021202 of the parcel exceeds $5 $1 million. However, when both 805
12031203 appraisals exceed $5 $1 million and differ significantly, a 806
12041204 third appraisal may be obtained. 807
12051205 2. Appraisal fees and associated costs shall be paid by 808
12061206 the department. All appraisals used for the acquisition of less 809
12071207 than fee simple interest in lands pursuant to this section shall 810
12081208 be prepared by a state-certified appraiser who meets the 811
12091209 standards and criteria established by rule of the board of 812
12101210 trustees. Each appraiser selected to appraise a particular 813
12111211 parcel shall, before contracting with the department or a 814
12121212 participant in a multiparty agreement, s ubmit to the department 815
12131213 or participant an affidavit substantiating that he or she has no 816
12141214 vested or fiduciary interest in such parcel. 817
12151215 Section 23. Section 570.843, Florida Statutes, is 818
12161216 repealed. 819
12171217 Section 24. Upon the expiration and reversion of the 820
12181218 amendment made to section 570.93, Florida Statutes, pursuant to 821
12191219 section 63 of chapter 2022 -157, Laws of Florida, paragraph (a) 822
12201220 of subsection (1) of section 570.93, Florida Statutes, is 823
12211221 amended to read: 824
12221222 570.93 Department of Agriculture and Consumer Service s; 825
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12311231 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
12321232
12331233
12341234
12351235 agricultural water conservation and agricultural water supply 826
12361236 planning.— 827
12371237 (1) The department shall establish an agricultural water 828
12381238 conservation program that includes the following: 829
12391239 (a) A cost-share program, coordinated where appropriate 830
12401240 with the United States Department of Agriculture and other 831
12411241 federal, state, regional, and local agencies , when appropriate, 832
12421242 for irrigation system retrofit and application of mobile 833
12431243 irrigation laboratory evaluations , and for water conservation as 834
12441244 provided in this section and, where applicable, for water 835
12451245 quality improvement pursuant to s. 403.067(7)(c). 836
12461246 Section 25. Present subsections (8) through (13) and (14) 837
12471247 through (44) of section 576.011, Florida Statutes, are 838
12481248 redesignated as subsections (9) through ( 14) and (16) through 839
12491249 (46), respectively, new subsections (8) and (15) are added to 840
12501250 that section, and present subsections (15), (19), and (36) of 841
12511251 that section are amended, to read: 842
12521252 576.011 Definitions. —When used in this chapter, the term: 843
12531253 (8) "Controlled release fertilizers" means a slow release 844
12541254 fertilizer engineered to provide nutrients over time at a 845
12551255 predictable rate under specified conditions. 846
12561256 (15) "Fertilizer material" means a fertilizer that meets 847
12571257 one of the following requirements: 848
12581258 (a) Contains important quantities of no more than one of 849
12591259 the primary nutrients: nitrogen (N), phosphate (P 2O5), and potash 850
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12681268 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
12691269
12701270
12711271
12721272 (K2O). 851
12731273 (b) Has 85 percent or more of its plant nutrient content 852
12741274 present in the form of a single chemical compound. 853
12751275 (c) Is derived from a plant or an animal residue or 854
12761276 byproduct or a natural material deposit that has been processed 855
12771277 in such a way that its content of plant nutrients has not been 856
12781278 materially changed except by purification and concentration. 857
12791279 (17)(15) "Grade" means the percentages in fertilizer of 858
12801280 total nitrogen expressed as N, available phosphorus expressed as 859
12811281 P2O5, and soluble potassium expressed as K 2O, stated in whole 860
12821282 numbers in the same terms, order, and percentages as in the 861
12831283 guaranteed analysis. However, specialty fertilizer may be 862
12841284 guaranteed in fractional units of less than 1 percent of total 863
12851285 nitrogen, available phosphate, and soluble potash. Fertilizer 864
12861286 materials, bone meal, manures, and similar materials may be 865
12871287 guaranteed in fractional units in that order. 866
12881288 (21)(19) "Labeling" means all labels and other written, 867
12891289 printed, or graphic matters upon an article or any of its 868
12901290 containers or wrappers , or accompanying such article. 869
12911291 (38)(36) "Slow or controlled release fertilizer" means a 870
12921292 fertilizer in a form that releases, or converts to a plant-871
12931293 available form, plant nutrients at a slower rate relative to an 872
12941294 appropriate reference soluble product containing a plant 873
12951295 nutrient in a form which delays its availability for plant 874
12961296 uptake and use after application, or which extends its 875
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13051305 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
13061306
13071307
13081308
13091309 availability to the plant significantly longer than a reference 876
13101310 "rapidly available nutrient fertilizer," such as ammonium 877
13111311 nitrate or urea, ammonium phosphate, or potassium chloride . 878
13121312 Section 26. Subsection (14) of section 581.217, Florida 879
13131313 Statutes, is repealed. 880
13141314 Section 27. Section 585.008, Florida Statutes, is 881
13151315 repealed. 882
13161316 Section 28. Subsection (4) of section 586.045, Florida 883
13171317 Statutes, is amended to read: 884
13181318 586.045 Certificates of registration and inspection. — 885
13191319 (4) The department shall provide to each perso n subject to 886
13201320 this section written notice and renewal forms at least 30 60 887
13211321 days before prior to the annual renewal date informing the 888
13221322 person of the certificate of registration renewal date and the 889
13231323 application fee. 890
13241324 Section 29. Subsection (16) is added to section 595.404, 891
13251325 Florida Statutes, to read: 892
13261326 595.404 School food and other nutrition programs; powers 893
13271327 and duties of the department. —The department has the following 894
13281328 powers and duties: 895
13291329 (16) To adopt and implement an exemption, waiver, and 896
13301330 variance process by rule, as required by federal regulations, 897
13311331 for sponsors under the programs implemented pursuant to this 898
13321332 chapter, notwithstanding s. 120.542. 899
13331333 Section 30. Section 597.003, Florida Statutes, is amended 900
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13421342 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
13431343
13441344
13451345
13461346 to read: 901
13471347 597.003 Powers and duties of Departme nt of Agriculture and 902
13481348 Consumer Services.— 903
13491349 (1) The department is hereby designated as the lead agency 904
13501350 in regulating and encouraging the development of aquaculture in 905
13511351 this the state and has shall have and shall exercise the 906
13521352 following functions, powers, and duties with regard to 907
13531353 aquaculture: 908
13541354 (a) Issue or deny aquaculture certificates that identify 909
13551355 aquaculture producers and aquaculture products, and collect all 910
13561356 related fees. The department may revoke an aquaculture 911
13571357 certificate of registration issued pursuan t to s. 597.004 upon a 912
13581358 finding that aquaculture is not the primary purpose of the 913
13591359 certified entity's operation. 914
13601360 (b) Coordinate the development, annual revision, and 915
13611361 implementation of a state aquaculture plan. The plan must shall 916
13621362 include prioritized recom mendations for research and development 917
13631363 as suggested by the Aquaculture Review Council and public and 918
13641364 private institutional research, extension, and service programs. 919
13651365 (c) Develop memoranda of agreement, as needed, with the 920
13661366 Department of Environmental Pro tection, the Fish and Wildlife 921
13671367 Conservation Commission, the Florida Sea Grant Program, and 922
13681368 other groups as provided in the state aquaculture plan. 923
13691369 (d) Provide staff for the Aquaculture Review Council. 924
13701370 (e) Forward the annually revised state aquaculture plan to 925
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13791379 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
13801380
13811381
13821382
13831383 the commissioner and to the chairs of the House Committee on 926
13841384 Agriculture and Consumer Services and the Senate Committee on 927
13851385 Agriculture 1 month before prior to submission of the 928
13861386 department's legislative budget request to the Governor. 929
13871387 (f) Upon the appropriation of funds by the Legislature, 930
13881388 submit the list of research and development projects proposed to 931
13891389 be funded through the department as identified in the state 932
13901390 aquaculture plan, along with the department's legislative budget 933
13911391 request to the Governor, the President of the Senate, and the 934
13921392 Speaker of the House of Representatives. If funded, These 935
13931393 projects must shall be contracted for by the Division of 936
13941394 Aquaculture and must shall require public-private partnerships, 937
13951395 when appropriate. The contracts must shall require a percentage 938
13961396 of the profit generated by the project to be deposited into the 939
13971397 General Inspection Trust Fund solely for funding aquaculture 940
13981398 projects recommended by the Aquaculture Review Council. 941
13991399 (g) Provide developmental assistance to the va rious 942
14001400 sectors of the aquaculture industry as determined in the state 943
14011401 aquaculture plan. 944
14021402 (h) Assist persons seeking to engage in aquaculture when 945
14031403 applying for the necessary permits and serve as ombudsman to 946
14041404 resolve complaints or otherwise resolve problems arising between 947
14051405 aquaculture producers and regulatory agencies. 948
14061406 (i) Develop and propose to the Legislature legislation 949
14071407 necessary to implement the state aquaculture plan or to 950
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14161416 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
14171417
14181418
14191419
14201420 otherwise encourage the development of aquaculture in this the 951
14211421 state. 952
14221422 (j) Issue or deny any license or permit authorized or 953
14231423 delegated to the department by the Legislature or through 954
14241424 memorandum of understanding with other state or federal agencies 955
14251425 that furthers the intent of the Legislature to place the 956
14261426 regulation of aquaculture in t he department. 957
14271427 (k) Make available state lands and the water column for 958
14281428 the purpose of producing aquaculture products when the 959
14291429 aquaculture activity is compatible with state resource 960
14301430 management goals, environmental protection, and proprietary 961
14311431 interest and when such state lands and waters are determined to 962
14321432 be suitable for aquaculture development by the Board of Trustees 963
14331433 of the Internal Improvement Trust Fund pursuant to s. 253.68; 964
14341434 provide training as necessary to lessees; and be responsible for 965
14351435 all saltwater aquaculture activities located on sovereignty 966
14361436 submerged land or in the water column above such land and 967
14371437 adjacent facilities directly related to the aquaculture 968
14381438 activity. 969
14391439 1. The department shall act in cooperation with other 970
14401440 state and local agencies and programs to identify and designate 971
14411441 sovereignty lands and waters that would be suitable for 972
14421442 aquaculture development. 973
14431443 2. The department shall identify and evaluate specific 974
14441444 tracts of sovereignty submerged lands and water columns in 975
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14531453 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
14541454
14551455
14561456
14571457 various areas of the sta te to determine where such lands and 976
14581458 waters are suitable for leasing for aquaculture purposes. 977
14591459 Nothing in This subparagraph or subparagraph 1. does not shall 978
14601460 preclude the applicant from applying for sites identified by the 979
14611461 applicant. 980
14621462 3. The department sh all provide assistance in developing 981
14631463 technologies applicable to aquaculture activities, evaluate 982
14641464 practicable production alternatives, and provide agreements to 983
14651465 develop innovative culture practices. 984
14661466 (l) Act as a clearinghouse for aquaculture applications, 985
14671467 and act as a liaison between the Fish and Wildlife Conservation 986
14681468 Commission, the Division of State Lands, the Department of 987
14691469 Environmental Protection district offices, other divisions 988
14701470 within the Department of Environmental Protection, and the water 989
14711471 management districts. The Department of Agriculture and Consumer 990
14721472 Services is shall be responsible for regulating marine 991
14731473 aquaculture producers, except as specifically provided herein. 992
14741474 (2) The specific delegation of authority granted under 993
14751475 subsection (1) is intend ed to place responsibility and may not 994
14761476 be construed so as to prevent the respective state agencies from 995
14771477 cooperating with each other by exchanging information and 996
14781478 providing copies of reports when deemed advisable. 997
14791479 (3) The department may employ such person s as are 998
14801480 necessary to perform its duties under this chapter. 999
14811481 Section 31. Present subsections (3) through (6) of section 1000
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14901490 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
14911491
14921492
14931493
14941494 597.004, Florida Statutes, are redesignated as subsections (4) 1001
14951495 through (7), respectively, a new subsection (3) is added to that 1002
14961496 section, and paragraphs (b) and (g) of subsection (2), present 1003
14971497 subsection (3), and paragraph (a) of present subsection (5) of 1004
14981498 that section are amended, to read: 1005
14991499 597.004 Aquaculture certificate of registration. — 1006
15001500 (2) RULES.— 1007
15011501 (b) Rules adopted pursuant to t his subsection shall become 1008
15021502 effective pursuant to the applicable provisions of chapter 120, 1009
15031503 but must be submitted to the President of the Senate and the 1010
15041504 Speaker of the House of Representatives for review by the 1011
15051505 Legislature. The rules shall be referred to t he appropriate 1012
15061506 committees of substance and scheduled for review during the 1013
15071507 first available regular session following adoption. Except as 1014
15081508 otherwise provided by operation of law, such rules shall remain 1015
15091509 in effect until rejected or modified by act of the Legi slature. 1016
15101510 (g) Any alligator producer with an alligator farming 1017
15111511 license and permit to establish and operate an alligator farm 1018
15121512 shall be issued an aquaculture certificate of registration 1019
15131513 pursuant to this section. This chapter does not supersede the 1020
15141514 authority under chapter 379 to regulate alligator farms and 1021
15151515 alligator farmers. 1022
15161516 (3) INSPECTIONS OF AQUACULTURE PRODUCTS. —The Legislature 1023
15171517 intends to eliminate duplication of regulatory inspections of 1024
15181518 aquaculture products. The regulatory and permitting authority 1025
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15271527 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
15281528
15291529
15301530
15311531 over all aquaculture products as defined in s. 597.0015 is 1026
15321532 preempted to the department. 1027
15331533 (a) Shellfish processing facilities are licensed pursuant 1028
15341534 to s. 597.020. 1029
15351535 (b) Facilities operated by state agencies, local 1030
15361536 governments, educational institutions, resear ch institutions, or 1031
15371537 restoration organizations which maintain aquaculture products 1032
15381538 for educational, scientific, demonstration, experimental, or 1033
15391539 restoration activities related to aquaculture are licensed 1034
15401540 pursuant to this section. 1035
15411541 (c) Facilities culturing c rocodilians of the order 1036
15421542 Crocodilia are dually regulated by the department and the Fish 1037
15431543 and Wildlife Conservation Commission. Any alligator producer 1038
15441544 issued an aquaculture certificate of registration pursuant to 1039
15451545 this section must also maintain an alligator farming license 1040
15461546 from the Fish and Wildlife Conservation Commission. This chapter 1041
15471547 does not supersede the authority under chapter 379 to regulate 1042
15481548 alligator farms and alligator farmers. 1043
15491549 (4)(3) FEES.—Effective July 1, 1997, All fees collected 1044
15501550 pursuant to this section shall be deposited into the General 1045
15511551 Inspection Trust Fund in the Department of Agriculture and 1046
15521552 Consumer Services. 1047
15531553 (6)(5) SALE OF AQUACULTURE PRODUCTS. — 1048
15541554 (a) Aquaculture products, except shellfish , snook, and any 1049
15551555 fish of the genus Micropterus, excluding Micropterus salmoides 1050
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15641564 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
15651565
15661566
15671567
15681568 floridanus, and prohibited and restricted nonnative freshwater 1051
15691569 and marine species identified in the Aquaculture Best Management 1052
15701570 Practices manual by rules of the Fish and Wildlife Conservation 1053
15711571 Commission, may be sold by an aq uaculture producer certified 1054
15721572 pursuant to this section or by a dealer licensed pursuant to 1055
15731573 part VII of chapter 379 without restriction so long as the 1056
15741574 product origin can be identified. 1057
15751575 Section 32. Subsection (1) and paragraph (c) of subsection 1058
15761576 (3) of section 597.005, Florida Statutes, are amended, and 1059
15771577 paragraph (e) of subsection (3) of that section is reenacted, to 1060
15781578 read: 1061
15791579 597.005 Aquaculture Review Council. — 1062
15801580 (1) COMPOSITION.—There is created within the department 1063
15811581 the Aquaculture Review Council to consi st of eight members as 1064
15821582 follows: the chair of the State Agricultural Advisory Council or 1065
15831583 designee and seven additional members to be appointed by the 1066
15841584 commissioner, including an alligator farmer, a food fish farmer, 1067
15851585 a shellfish farmer, a tropical fish farmer , an aquatic plant 1068
15861586 farmer, a representative of the commercial fishing industry, and 1069
15871587 a representative of the aquaculture industry at large. Members 1070
15881588 shall be appointed for 4 -year terms. Each member shall be 1071
15891589 selected from no fewer than two or more than three nominees 1072
15901590 submitted by recognized statewide organizations representing 1073
15911591 each industry segment or the aquaculture industry at large. In 1074
15921592 the absence of nominees, the commissioner shall appoint persons 1075
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16011601 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
16021602
16031603
16041604
16051605 who otherwise meet the qualifications for appointment to th e 1076
16061606 council. Members shall serve until their successors are duly 1077
16071607 qualified and appointed. An appointment to fill a vacancy shall 1078
16081608 be for the unexpired portion of the term. 1079
16091609 (3) RESPONSIBILITIES. —The primary responsibilities of the 1080
16101610 Aquaculture Review Council are to: 1081
16111611 (c) Submit to the commissioner on an annual basis: 1082
16121612 1. Upon the appropriation of funds by the Legislature, a 1083
16131613 prioritized list of research projects to be funded by the 1084
16141614 department included in the department's legislative budget 1085
16151615 request. Each year, the council shall review the aquaculture 1086
16161616 legislative budget requests submitted to the department and rank 1087
16171617 them according to the state aquaculture plan. 1088
16181618 2. Recommendations to be forwarded to the Speaker of the 1089
16191619 House of Representatives and the President o f the Senate on 1090
16201620 legislation needed to help the aquaculture industry. 1091
16211621 3. Recommendations on aquaculture projects, activities, 1092
16221622 research, and regulation and other needs to further the 1093
16231623 development of the aquaculture industry. 1094
16241624 (e) Assist the department in carrying out duties 1095
16251625 identified in s. 597.003 by studying aquaculture issues and 1096
16261626 making recommendations for regulating and permitting aquaculture 1097
16271627 and in the development, revision, and implementation of the 1098
16281628 state aquaculture plan. 1099
16291629 Section 33. Subsection (1) of section 599.002, Florida 1100
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16381638 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
16391639
16401640
16411641
16421642 Statutes, is amended to read: 1101
16431643 599.002 Viticulture Advisory Council. — 1102
16441644 (1) There is created within the Department of Agriculture 1103
16451645 and Consumer Services the Viticulture Advisory Council, to 1104
16461646 consist of eight members as follow s: the president of the 1105
16471647 Florida Grape Growers' Association or a designee thereof; the 1106
16481648 viticulture representative of the State Agricultural Advisory 1107
16491649 Council; a representative from the Institute of Food and 1108
16501650 Agricultural Sciences; a representative from the vi ticultural 1109
16511651 science program at Florida Agricultural and Mechanical 1110
16521652 University; and five four additional commercial members, to be 1111
16531653 appointed for a 2-year term each by the Commissioner of 1112
16541654 Agriculture, including a wine producer, a fresh fruit producer, 1113
16551655 a nonwine product (juice, jelly, pie fillings, etc.) producer, 1114
16561656 and a viticultural nursery operator. 1115
16571657 Section 34. Paragraph (q) is added to subsection (4) of 1116
16581658 section 934.50, Florida Statutes, to read: 1117
16591659 934.50 Searches and seizure using a drone. — 1118
16601660 (4) EXCEPTIONS.—This section does not prohibit the use of 1119
16611661 a drone: 1120
16621662 (q) By a non-law enforcement employee of the Department of 1121
16631663 Agriculture and Consumer Services for activities for the 1122
16641664 purposes of managing and eradicating plant or animal diseases. 1123
16651665 Section 35. Paragraph (i) of subsection (3) of section 1124
16661666 259.105, Florida Statutes, is amended to read: 1125
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16751675 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
16761676
16771677
16781678
16791679 259.105 The Florida Forever Act. — 1126
16801680 (3) Less the costs of issuing and the costs of funding 1127
16811681 reserve accounts and other costs associated with bonds, the 1128
16821682 proceeds of cash payments or bonds issued pursuant to this 1129
16831683 section shall be deposited into the Florida Forever Trust Fund 1130
16841684 created by s. 259.1051. The proceeds shall be distributed by the 1131
16851685 Department of Environmental Protection in the following manner: 1132
16861686 (i) Three and five-tenths percent to the Department of 1133
16871687 Agriculture and Consumer Services for the acquisition of 1134
16881688 agricultural lands, through perpetual conservation easements and 1135
16891689 other perpetual less than fee techniques, which will achieve the 1136
16901690 objectives of Florida Forever and s. 570.71. Rules concerning 1137
16911691 the application, acquisition, and priority ranking process for 1138
16921692 such easements shall be developed pursuant to s. 570.71(11) s. 1139
16931693 570.71(10) and as provided by this paragraph. The board shall 1140
16941694 ensure that such rules are consistent wi th the acquisition 1141
16951695 process provided for in s. 570.715. The rules developed pursuant 1142
16961696 to s. 570.71(11) s. 570.71(10), shall also provide for the 1143
16971697 following: 1144
16981698 1. An annual priority list shall be developed pursuant to 1145
16991699 s. 570.71(11) s. 570.71(10), submitted to the council for 1146
17001700 review, and approved by the board pursuant to s. 259.04. 1147
17011701 2. Terms of easements and acquisitions proposed pursuant 1148
17021702 to this paragraph shall be approved by the board and may not be 1149
17031703 delegated by the board to any other entity receiving funds u nder 1150
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17121712 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
17131713
17141714
17151715
17161716 this section. 1151
17171717 3. All acquisitions pursuant to this paragraph shall 1152
17181718 contain a clear statement that they are subject to legislative 1153
17191719 appropriation. 1154
17201720 1155
17211721 Funds provided under this paragraph may not be expended until 1156
17221722 final adoption of rules by the board purs uant to s. 570.71. 1157
17231723 Section 36. For the purpose of incorporating the amendment 1158
17241724 made by this act to section 500.03, Florida Statutes, in a 1159
17251725 reference thereto, paragraph (a) of subsection (4) of section 1160
17261726 373.016, Florida Statutes, is reenacted to read: 1161
17271727 373.016 Declaration of policy. — 1162
17281728 (4)(a) Because water constitutes a public resource 1163
17291729 benefiting the entire state, it is the policy of the Legislature 1164
17301730 that the waters in the state be managed on a state and regional 1165
17311731 basis. Consistent with this directive, the L egislature 1166
17321732 recognizes the need to allocate water throughout the state so as 1167
17331733 to meet all reasonable -beneficial uses. However, the Legislature 1168
17341734 acknowledges that such allocations have in the past adversely 1169
17351735 affected the water resources of certain areas in this state. To 1170
17361736 protect such water resources and to meet the current and future 1171
17371737 needs of those areas with abundant water, the Legislature 1172
17381738 directs the department and the water management districts to 1173
17391739 encourage the use of water from sources nearest the area of us e 1174
17401740 or application whenever practicable. Such sources shall include 1175
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17491749 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
17501750
17511751
17521752
17531753 all naturally occurring water sources and all alternative water 1176
17541754 sources, including, but not limited to, desalination, 1177
17551755 conservation, reuse of nonpotable reclaimed water and 1178
17561756 stormwater, and aquifer storage and recovery. Reuse of potable 1179
17571757 reclaimed water and stormwater shall not be subject to the 1180
17581758 evaluation described in s. 373.223(3)(a) -(g). However, this 1181
17591759 directive to encourage the use of water, whenever practicable, 1182
17601760 from sources nearest the area of use or application shall not 1183
17611761 apply to the transport and direct and indirect use of water 1184
17621762 within the area encompassed by the Central and Southern Florida 1185
17631763 Flood Control Project, nor shall it apply anywhere in the state 1186
17641764 to the transport and use of water s upplied exclusively for 1187
17651765 bottled water as defined in s. 500.03(1)(d), nor shall it apply 1188
17661766 to the transport and use of reclaimed water for electrical power 1189
17671767 production by an electric utility as defined in s. 366.02(4). 1190
17681768 Section 37. For the purpose of incorp orating the amendment 1191
17691769 made by this act to section 500.03, Florida Statutes, in a 1192
17701770 reference thereto, subsection (3) of section 373.223, Florida 1193
17711771 Statutes, is reenacted to read: 1194
17721772 373.223 Conditions for a permit. — 1195
17731773 (3) Except for the transport and use of wat er supplied by 1196
17741774 the Central and Southern Florida Flood Control Project, and 1197
17751775 anywhere in the state when the transport and use of water is 1198
17761776 supplied exclusively for bottled water as defined in s. 1199
17771777 500.03(1)(d), any water use permit applications pending as of 1200
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17861786 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
17871787
17881788
17891789
17901790 April 1, 1998, with the Northwest Florida Water Management 1201
17911791 District and self-suppliers of water for which the proposed 1202
17921792 water source and area of use or application are located on 1203
17931793 contiguous private properties, when evaluating whether a 1204
17941794 potential transport and use of ground or surface water across 1205
17951795 county boundaries is consistent with the public interest, 1206
17961796 pursuant to paragraph (1)(c), the governing board or department 1207
17971797 shall consider: 1208
17981798 (a) The proximity of the proposed water source to the area 1209
17991799 of use or application. 1210
18001800 (b) All impoundments, streams, groundwater sources, or 1211
18011801 watercourses that are geographically closer to the area of use 1212
18021802 or application than the proposed source, and that are 1213
18031803 technically and economically feasible for the proposed transport 1214
18041804 and use. 1215
18051805 (c) All economically and technically feasible alternatives 1216
18061806 to the proposed source, including, but not limited to, 1217
18071807 desalination, conservation, reuse of nonpotable reclaimed water 1218
18081808 and stormwater, and aquifer storage and recovery. 1219
18091809 (d) The potential environme ntal impacts that may result 1220
18101810 from the transport and use of water from the proposed source, 1221
18111811 and the potential environmental impacts that may result from use 1222
18121812 of the other water sources identified in paragraphs (b) and (c). 1223
18131813 (e) Whether existing and reasonab ly anticipated sources of 1224
18141814 water and conservation efforts are adequate to supply water for 1225
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18231823 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
18241824
18251825
18261826
18271827 existing legal uses and reasonably anticipated future needs of 1226
18281828 the water supply planning region in which the proposed water 1227
18291829 source is located. 1228
18301830 (f) Consultations with local governments affected by the 1229
18311831 proposed transport and use. 1230
18321832 (g) The value of the existing capital investment in water -1231
18331833 related infrastructure made by the applicant. 1232
18341834 1233
18351835 Where districtwide water supply assessments and regional water 1234
18361836 supply plans have been prepared pursuant to ss. 373.036 and 1235
18371837 373.709, the governing board or the department shall use the 1236
18381838 applicable plans and assessments as the basis for its 1237
18391839 consideration of the applicable factors in this subsection. 1238
18401840 Section 38. For the purpose of incor porating the amendment 1239
18411841 made by this act to section 500.03, Florida Statutes, in a 1240
18421842 reference thereto, paragraph (a) of subsection (2) of section 1241
18431843 373.701, Florida Statutes, is reenacted to read: 1242
18441844 373.701 Declaration of policy. —It is declared to be the 1243
18451845 policy of the Legislature: 1244
18461846 (2)(a) Because water constitutes a public resource 1245
18471847 benefiting the entire state, it is the policy of the Legislature 1246
18481848 that the waters in the state be managed on a state and regional 1247
18491849 basis. Consistent with this directive, the Legislatu re 1248
18501850 recognizes the need to allocate water throughout the state so as 1249
18511851 to meet all reasonable -beneficial uses. However, the Legislature 1250
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18601860 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
18611861
18621862
18631863
18641864 acknowledges that such allocations have in the past adversely 1251
18651865 affected the water resources of certain areas in this state. To 1252
18661866 protect such water resources and to meet the current and future 1253
18671867 needs of those areas with abundant water, the Legislature 1254
18681868 directs the department and the water management districts to 1255
18691869 encourage the use of water from sources nearest the area of use 1256
18701870 or application whenever practicable. Such sources shall include 1257
18711871 all naturally occurring water sources and all alternative water 1258
18721872 sources, including, but not limited to, desalination, 1259
18731873 conservation, reuse of nonpotable reclaimed water and 1260
18741874 stormwater, and aquifer st orage and recovery. Reuse of potable 1261
18751875 reclaimed water and stormwater shall not be subject to the 1262
18761876 evaluation described in s. 373.223(3)(a) -(g). However, this 1263
18771877 directive to encourage the use of water, whenever practicable, 1264
18781878 from sources nearest the area of use or application shall not 1265
18791879 apply to the transport and direct and indirect use of water 1266
18801880 within the area encompassed by the Central and Southern Florida 1267
18811881 Flood Control Project, nor shall it apply anywhere in the state 1268
18821882 to the transport and use of water supplied exclusively for 1269
18831883 bottled water as defined in s. 500.03(1)(d), nor shall it apply 1270
18841884 to the transport and use of reclaimed water for electrical power 1271
18851885 production by an electric utility as defined in s. 366.02(4). 1272
18861886 Section 39. This act shall take effect July 1, 2023. 1273