Florida 2023 2023 Regular Session

Florida Senate Bill S1608 Analysis / Analysis

Filed 04/12/2023

                    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 Appropriations Committee on Agriculture, Environment, and General 
Government  
BILL: SB 1608 
INTRODUCER:  Senator Rodriguez 
SUBJECT:  Retail Fresh Market Farm Stand Signage 
DATE: April 11, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Burse Becker AG Favorable 
2. Blizzard Betta AEG  Favorable 
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 on interstate highways and roads.  It 
establishes the Fresh From Florida Retail Fresh Market Farm Stand Advisory Council within the 
department. 
 
The bill has an indeterminate fiscal impact on state expenditures. See Section V. Fiscal Impact 
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 over 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 department. 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) within the department, 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 a 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 from 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, six members shall be appointed by the commissioner for a one-year term and six 
                                                
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 
 
members for a two-year term. Thereafter, members shall be appointed for two-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 the program. They will also have to pay a fee 
if they want additional signage on interstate highways, primary and secondary roads. 
C. Government Sector Impact: 
The bill may have an indeterminate fiscal impact on the Department of Agriculture and 
Consumer Services (department) and the Department of Transportation. Resources will 
likely be needed to administer the signage program, though the extent of coordination and  BILL: SB 1608   	Page 4 
 
industry participation are unknown. The department reports they 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. 
 
This bill is linked to SB 1610 (2023 Regular Session) which requires the department to 
include application, permit, placement, and removal fees in rules implementing the Fresh 
From Florida Retail Fresh Market Farm Stand Signage Program. 
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.