The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Agriculture
BILL: SB 1608
INTRODUCER: Senator Rodriguez
SUBJECT: Retail Fresh Market Farm Stand Signage
DATE: March 17, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Burse Becker AG Pre-meeting
2. AEG
3. FP
I. Summary:
SB 1608 defines the term “retail fresh market farm stand.” The bill establishes the Fresh From
Florida Retail Fresh Market Farm Stand Signage Program (program) within the Department of
Agriculture and Consumer Services (department) to provide directional signage for certified retail
fresh market farm stands. The bill authorizes the Commissioner of Agriculture to designate
certified retail fresh market farm stands as state tourist attractions. The bill also permits the
Department of Transportation to place directional signage promoting on interstate highways and
roads. It establishes the Fresh From Florida Retail Fresh Market Farm Stand Advisory Council
within the department.
The Department of Agriculture and Consumer Services estimates the bill could have a fiscal
impact, see Section V for more information.
The bill takes effect July 1, 2023.
II. Present Situation:
Fresh From Florida
The “Fresh From Florida” program promotes Florida agricultural products through consumer
marketing campaigns, partnerships with 100+ domestic and international retailers, and an
established presence at prominent industry tradeshows.
1
By joining the “Fresh From Florida” program, both small and large producers can benefit from the
widely recognized brand, marketing campaigns, retail partnerships and industry outreach
1
See https://www.fdacs.gov/Agriculture-Industry/Fresh-From-Florida-Industry-Membership (last visited March 15, 2023)
REVISED: BILL: SB 1608 Page 2
conducted by the Florida Department of Agriculture and Consumer Services. There are two types
of memberships: Paid Membership $50/year and Non-Paid Membership.
2
Division of Marketing and Development
The Division of Marketing and Development (division) administers the "Fresh From Florida"
program to help Florida growers and producers market their products. The division partners with
retail grocery stores on product promotions and encourages the use of the "Fresh From Florida"
logo for advertising to increase the purchase of Florida-grown commodities.
3
The division’s culinary team develops healthy recipes using Florida products and educates
consumers about the importance of making nutritious food choices.
4
The division also operates 12 state farmers markets, promotes and issues permits for county fairs
and livestock shows, and gathers agricultural data to assist producers in making production and
marketing decisions.
5
III. Effect of Proposed Changes:
SB 1608 defines “retail fresh market farm stand” to mean any facility located on a farm and used
to market farm products defined in s. 823.14(3), F.S. The bill establishes the Fresh From Florida
Retail Fresh Market Farm Stand Signage Program (program) within the department to provide
directional signage for certified retail fresh market farm stands. The bill also provides the
requirements to qualify as a certified retail fresh market, participate in the program, and maintain
designation as certified retail fresh market farm stand. It excludes agricultural facilities that
produce wine, but do not have a growing area on the property from qualifying for the program.
The bill permits the commissioner to officially recognize a certified retail fresh market farm stand
as a state tourist attraction.
The bill authorizes the department, in consultation with the Fresh From Florida Retail Fresh
Market Farm Stand Advisory Council, to develop uniform directional signage with a uniform
Fresh From Florida Retail Fresh Market Farm Stand logo and emblem. The bill also authorizes the
Department of Transportation to, upon request a certified retail fresh market farm stand, to place
directional signage with market farm stand logo and emblems on the rights-of-way of interstate
highways and primary and secondary roads.
The bill requires the department to adopt rules to implement this program.
The bill creates the Fresh From Florida Retail Fresh Market Farm Stand Advisory Council
(council). The council shall consist of 12 members to be appointed by the commissioner. Initially,
6 members shall be appointed by the commissioner for a 1-year term and 6 members for a 2-year
2
Id.
3
See https://www.fdacs.gov/Divisions-Offices/Marketing-and-Development (last visited March 15, 2023).
4
Id.
5
Id. BILL: SB 1608 Page 3
term. Thereafter, members shall be appointed for 2-year terms. The bill permits the council to
annually submit recommendations related to the program to the commissioner .
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The department estimates that the fiscal impact on the private sector is unknown, although
increased awareness through directional roadside signage will likely increase the customer base of
the participating farms.
Owners and operators of qualified retail fresh market farm stands will have to pay application and
registration fees to apply to program. They will also have to pay if they want additional signage
on interstate highways, primary and secondary roads.
C. Government Sector Impact:
The department estimates that this bill would have an indeterminate fiscal impact on the
department. Resources will likely be needed to administer the signage program, though the
extent of coordination and industry participation are unknown. The department reports they BILL: SB 1608 Page 4
would likely implement the program with existing resources in the first year and evaluate the
appropriate staffing levels for a legislative budget request in the next fiscal year.
The department estimates the fiscal impact on local governments is indeterminate because the
number of qualifying farms is unknown and participation in the program is voluntary.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates sections 570.851 and 570.8511 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.