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 Fiscal Policy
BILL: CS/CS/SB 1084
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Agriculture, Environment, and
General Government; and Senator Collins
SUBJECT: Department of Agriculture and Consumer Services
DATE: February 23, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Burse Becker AG Favorable
2. Blizzard Betta AEG Fav/CS
3. Burse Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1084 makes a number of changes to various regulatory activities of the Department of
Agriculture and Consumer Services (department). Specifically, the bill:
Preempts the regulation of electric vehicle charging stations to the state and prohibits local
governmental entities from enacting or enforcing such regulations.
Provides an expiration date of the pest control operator’s certificate and amends requirements
for its renewal.
Prohibits applicants from swearing or affirming a false statement on an application for a pest
control license, prohibits cheating on an examination required for licensure, and grants the
department rulemaking authority to establish penalties for violations.
Authorizes a Class “K” instructor to allow a Class “G” licensee to qualify for up to two
calibers of firearms in a four hour firearm requalification class.
Authorizes the department to appoint a tax collector to accept new, renewal, and replacement
license applications on behalf of the department for licenses issued under ch. 493, F.S.
Authorizes a tax collector appointed under s. 790.0625, F.S., to collect certain fees and
provide certain services for concealed weapon or firearm licenses on behalf of the
department.
Revises certain information that charitable organizations, sponsors, professional fundraising
consultants, and professional solicitors must provide to the department to include street
addresses.
REVISED: BILL: CS/CS/SB 1084 Page 2
Eliminates the requirement for the name and street address of each institution where banking
or similar monetary transactions are done by the charitable organization or sponsor, on
registration statements.
Amends the contribution-based registration fee thresholds to remove an option related to
contributions raised by non-compensated volunteers, members, officers, or permanent
employees under $50,000 in the previous year.
Amends the charitable organizations’ exemption from registration thresholds to refer to total
contributions.
Revises the information that must be displayed on certain collection receptacles to include
street addresses.
Provides that a person who solicits funds within a public transportation facility must obtain a
written permit that includes street addresses and must be displayed prominently on the
person’s badge or insignia.
Prohibits and creates penalties for the manufacture for sale, sale, hold or offer for sale, or
distribution of cultivated meat in this state and provides it is a violation to knowingly violate
this section.
Repeals the provision that requires the Weights and Measures Act from expiring on July 1,
2025.
Revises the information that must be provided to the department on a motor vehicle repair
shop registration application and provides that the registration fee must be calculated for
each location.
Increases the threshold value of repair work which requires motor vehicle repair shops to
provide a customer with a written repair estimate from $100 to $150.
Increases the department’s statutory authority to repair or build structures from $250,000 to
$500,000.
Changes the name of the Florida Agriculture Museum to the Florida Agriculture Legacy
Learning Center, and makes conforming changes.
Prohibits the willful destroying, harvesting, or selling of saw palmetto berries on private or
public land without the written permission of the landowner, provides penalties for
violations, and grants rulemaking authority to the department.
Revises the definition of “hemp extract” to mean hemp containing more than trace amounts
of a cannabinoid which is intended for ingestion or for inhalation but which does not contain
controlled substances.
Provides criminal penalties for trespassing on land classified as commercial agricultural
property.
Provides that a student’s participation in a 4-H or Future Farmers of America (FFA) activity
is an excused absence from school.
The bill has an indeterminate fiscal impact on state revenues and expenditures. See Section V.,
Fiscal Impact Statement.
Unless otherwise provided, the effective date of the bill is July 1, 2024. BILL: CS/CS/SB 1084 Page 3
II. Present Situation:
The present situation for each issue is described below in Section III, Effect of Proposed
Changes.
III. Effect of Proposed Changes:
Electric Vehicles
Present Situation
Electric Vehicle Charging Stations
Consumers and fleets considering electric vehicles (EVs), including all-electric vehicles and
plug-in hybrid electric vehicles (PHEVs), need access to charging equipment. For most drivers,
this starts with charging at home or at fleet facilities. Charging stations at workplaces, public
destinations, and along highways offer more flexible charging opportunities at commonly visited
locations.
1
EV charging equipment is classified based on the rate of charge:
2
Alternating Current (AC) Level 1 equipment provides charging through a common 120 volt
AC outlet. Most, if not all, EVs come with a portable Level 1 cord, so no additional charging
equipment is required. Level 1 chargers can take 40-50 hours to charge an all-electric vehicle
from empty and five to six hours to charge a PHEV from empty.
3
AC Level 2 equipment offers charging through 240 volt (in residential applications) or 208
volt charging. As of 2022, 80 percent of public EV charging ports in the country were Level
2.
4
Level 2 chargers can charge an all-electric vehicle from empty in four to 10 hours and a
PHEV from empty in one to two hours.
5
Direct-current (DC) fast charging equipment enables rapid charging along heavy traffic
corridors at installed stations. As of 2022, more than 20 percent of public EV charging ports
in the country were DC fast chargers.
6
DC fast charging equipment can charge an all-electric
vehicle to 80 percent in 20 minutes to one hour.
7
Charging times vary depending on the depletion level of the battery, how much energy the
battery holds, the type of battery, temperature, and the type of supply equipment.
1
U.S. Dept. of Energy (DOE), Alternative Fuels Data Center, Developing Infrastructure to Charge Electric Vehicles,
https://afdc.energy.gov/fuels/electricity_infrastructure.html (last visited Jan. 17, 2024).
2
U.S. Environmental Protection Agency (EPA), Plug-in Electric Vehicle Charging, https://www.epa.gov/greenvehicles/plug-
electric-vehicle-charging-basics (last visited Jan. 17, 2024).
3
U.S. Dept. of Transportation (USDOT), Electric Vehicle Charging Speeds,
https://www.transportation.gov/rural/ev/toolkit/ev-basics/charging-speeds (last visited Jan. 17, 2024).
4
DOE, supra note 1.
5
DOT supra note 3.
6
DOE, supra note 1.
7
DOT, supra note 3. BILL: CS/CS/SB 1084 Page 4
Currently, 44 of Florida’s 67 counties
8
have 3,230 EV public charging stations offering a total of
8,981 charging ports. AC Level 2 charging ports comprise 6,793 of these ports, and DC fast
charging ports comprise 2,164 of these ports.
9
Florida law requires the Department of
Agriculture and Consumer Services (department) to adopt rules to provide definitions, methods
of sale, labeling requirements, and price-posting requirements for EV charging stations to
provide consistency for consumers and the industry.
10
Preemption
The State Constitution grants local county and municipal governments broad home rule
authority. Specifically, non-charter county governments may exercise those powers of self-
government that are proved by general or special law.
11
Those counties operating under a county
charter have all powers of self-government not inconsistent with general or with special law
approved by the vote of the electors.
12
Likewise, municipalities
13
have those governmental,
corporate, and proprietary powers enabling them to conduct municipal government, perform
their functions and provide services, and exercise any power for municipal purposes, except as
otherwise provided by law.
14
There are two ways that a local government can be inconsistent with state law and therefore
unconstitutional. First, a local government cannot legislate in a field if the subject area has been
preempted to the state. Second, in a field where both the state and local government can legislate
concurrently, a local government cannot enact an ordinance that directly conflicts with the state
statute.
15
State law recognizes two types of state preemption: express and implied. Express preemption
requires a specific legislative statement of intent to preempt a specific area of law; it cannot be
implied or inferred.
16
In contrast, implied preemption exists if the legislative scheme is so
pervasive as to evidence an intent to preempt the particular area, and where strong public policy
reasons exist for finding such an area to be preempted by the Legislature.
17
Courts determining
8
Florida Department of Agriculture and Consumer Services (FDACS), Transportation, Alternative Fueling Stations and
Electric Vehicle Charging Stations, https://www.fdacs.gov/Business-Services/Energy/Florida-Energy-
Clearinghouse/Transportation (last visited Jan. 17, 2024)
9
U.S. Dept. of Energy, Alternative Fuels Data Center (AFDC), Alternative Fueling Station Counts by State,
https://afdc.energy.gov/stations/states (last visited Jan. 17, 2024).
10
Section 366.94, F.S.
11
Art. VIII, s. 1(f), Fla. Const.
12
Art. VIII, s. 1(g), Fla. Const.
13
A municipality is a local government entity created to perform functions and provide services for the particular benefit of
the population within the municipality, in addition to those provided by the county. The term “municipality” may be used
interchangeably with the terms “town,”, “city,” and “village.”
14
Art. VIII, s. 2(b), Fla. Const.; see also section 166.021(1), F.S.
15
Orange County v. Singh, 268 So. 3d 668, 673 (Fla. 2019) (citing Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d
309, 314 (Fla. 2008)); see also James Wolf & Sarah Bolinder, The Effectiveness of Home Rule: A Preemptions and Conflict
Analysis, 83 Fla. Bar J. 92 (2009), https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-
preemption-and-conflict-analysis/ (last visited Jan. 17, 2024).
16
City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantam of Brevard, Inc., 3 So. 3d at 1018.
17
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010). BILL: CS/CS/SB 1084 Page 5
the validity of local government ordinances enacted in the face of state preemption, whether
express or implied, have found such ordinances to be null and void.
18
Effect of Proposed Changes
Section 1 amends s. 366.94, F.S., to preempt the regulation of EV charging stations to the state
and prohibits local governmental entities from enacting or enforcing such regulations.
Pest Control
Present Situation
Pest Control License
For structural pest control (pest control provided to homes or other structures), Florida law
requires that each pest control business location must:
Be licensed by the Florida Department of Agriculture and Consumer Services (department);
Carry the required insurance coverage ($250,000 per person and $500,000 per occurrence for
bodily injury, and $250,000 per occurrence and $500,000 in the aggregate for property
damage, or a combined single limit coverage of $500,000 in the aggregate); and
Employ full-time a Florida-certified operator in charge of the pest control operations of the
business location. This operator must be certified in the categories in which the business
operates:
o General Household Pest and Rodent Control,
o Termite and Other Wood-Destroying Organisms Control,
o Lawn and Ornamental Pest Control, and/or
o Fumigation.
19
The business license fee is $300, and the fee for each employee identification card is $10.
20
A certified operator is an individual who has passed an examination administered by the
department in any of four certification categories:
General Household and Rodent Control;
Lawn and Ornamental Pest Control;
Termite and Other Wood-Destroying Organisms Control; and
Fumigation.
21
A person can be certified in just one or all four categories.
18
See, e.g., National Rifle Association of America, Inc. v. City of South Miami, 812 So. 2d 504 (Fla. 3d DCA 2002)
(concluding that a City of South Miami local government ordinance, which purported to provide safety standards for
firearms, was null and void because the Legislature expressly preempted the entire field of firearm and ammunition
regulation when it enacted section 790.33, F.S.)
19
FDACS, Pest Control Licensing and Certification, available at, https://www.fdacs.gov/Business-Services/Pest-
Control/Licensing-and-Certification (last visited January 17, 2024).
20
Id.
21
FDACS, Pest Control FAQ, available at, https://www.fdacs.gov/Business-Services/Pest-Control/Pest-Control-FAQ (last
visited January 17, 2024). BILL: CS/CS/SB 1084 Page 6
A company's pest control operations are the responsibility of the certified operator in charge and
the business operations are limited to the category (or categories) possessed by the certified
operator (or operators) in charge at the business location.
22
Limited Certification Programs
The department also administers four Limited Certification Categories:
Commercial landscape maintenance applicators;
Governmental or private applicators;
Commercial urban fertilizer applicators; and
Commercial wildlife management.
23
None of these certifications allows the operation of a commercial pest control business.
Effect of Proposed Changes
Section 2 amends s. 482.111, F.S., to provide an expiration date of the pest control operator’s
certificate and amends requirements for its renewal.
Section 3 amends s. 482.151, F.S., to provide an expiration date of the special identification card
for fumigation and amends requirements for its renewal.
Section 4 amends s. 482.155, F.S., to provide an expiration date of the limited certification for
governmental pesticide applicators or private applicators and amends requirements for its
renewal.
Section 5 amends s. 482.156, F.S., to authorize individual commercial landscape maintenance
personnel to apply herbicides in certain areas and to use certain pesticides. This section also sets
the expiration date of the limited certification for commercial landscape maintenance personnel
and amends requirements for its renewal.
Section 6 amends s. 482.157, F.S., to provide an expiration date of the limited certification for
commercial wildlife management personnel and amends requirements for its renewal.
Section 7 amends s. 482.161, F.S., to provide additional disciplinary grounds related to licensure
or licensure renewal applications.
Section 8 amends s. 482.191, F.S., to prohibit applicants from swearing or affirming a false
statement on an application. This section also prohibits cheating on an examination required for
licensure and grants the department rulemaking authority to establish penalties for violations.
22
Id.
23
FDACS, Pest Control Licensing and Certification, available at, https://www.fdacs.gov/Business-Services/Pest-
Control/Licensing-and-Certification (last visited January 17, 2024). BILL: CS/CS/SB 1084 Page 7
Wood-Destroying Organisms Inspections
Inspection for wood destroying organisms is regulated as a pest control activity under the Florida
Structural Pest Control Act, ch. 482, F.S. Section 482.226, F.S., requires that when an inspection
for wood destroying organisms is conducted for the purposes of a real estate transaction, and
either a fee is charged, or a written report is requested, that a person qualified under Chapter 482
issue the report.
24
Section 482.226, F.S., also includes requirements as to what the report must include and a
requirement that a notice of the inspection be posted in the access area to the attic or crawl or
other accessible area of the structure inspected.
25
Licensees who perform wood destroying
organism inspections for real estate transactions are required to have a minimum of $50,000 in
insurance coverage (or a bond) for professional liability for errors and omissions, or demonstrate
an equity or net worth of no less than $100,000.
26
In addition, if treatment is made to the structure at the time of the inspection, the report must
include information on the name of each wood destroying organism for which treatment was
provided at the time of the inspection, the name of the pesticide used, and the conditions and
terms associated with that treatment.
27
Effect of Proposed Changes
Section 9 amends s. 482.226, F.S., to require that a signed report be supplied to the property
owner after each inspection or treatment for the presence or absence of wood destroying
organisms. The bill also prohibits inspections and treatments unless the licensee has an
identification card.
Section 10 amends s. 487.031, F.S., relating to prohibited acts, to prohibit pesticide applicator
license applicants from swearing or affirming a false statement on an application. This section
also prohibits cheating on an examination required for licensure.
Section 11 amends s. 487.175, F.S., relating to penalties and administrative fines, to prohibit
applicants from swearing or affirming a false statement on an application for pesticide applicator
licensure. This section also prohibits cheating on an examination required for licensure and
grants the department rulemaking authority to establish penalties for violations.
24
FDACS, Baseline practices for performing 13645 WDO inspections, available at,
https://ccmedia.fdacs.gov/content/download/3137/file/industry_baseline_final_10-07.pdf (last visited January 17, 2024).
25
Section 482.226(2)(4), F.S.
26
Section 482.226(6), F.S.
27
Section 482.226(2)(b), F.S. BILL: CS/CS/SB 1084 Page 8
Firearm Licensing
Present Situation
Chapter 493 Licensees, Generally
The Division of Licensing within the department is responsible for investigating and issuing
licenses to conduct private security and private investigative services pursuant to ch. 493, F.S. As
of November 30, 2023, there are 140,248 Class “D” security officer licensees, 6,921 Class “C”
private investigator licensees, 25,283 Class “G” statewide firearm licensees, 691 Class “K”
firearms instructor licensees, 1,320 Class “CC” private investigator intern licensees, 455 Class
“M” private investigative or security manager licensees, 73 Class “MA” private investigative
agency manager licensees, and 1,497 Class “MB” security manager licensees.
28
A ch. 493, F.S.,
licensee must renew his or her individual license every two years.
29
A security officer is an individual who advertises for, or performs: bodyguard services, personal
or property protection; theft and loss prevention; armored car staffing; or transportation of
prisoners.
30
Law enforcement officers engaged in their official duties or off-duty security
activities that have been approved by appropriate superiors are not considered security officers.
31
Additionally, unarmed security officers who are employed by, and perform their work entirely
on the premises of either their employer’s business, a church or denominational organization, or
a church cemetery are not required to be licensed as a security officer under ch. 493, F.S.
32
A private investigator is an individual who investigates a person for the purpose of obtaining
information with reference to the following specific matters:
33
Crimes or wrongdoings against the United States or any state or territory, when operating
under express authority of a governmental official;
The identity, habits, conduct, movement, and other characteristics of any society, person, or
group of persons;
The credibility of a witness or other person;
The whereabouts of a missing person, owner of unclaimed or escheated property, or heirs to
an estate;
The location or recovery of lost or stolen property;
The causes and origin of fires, libel, slander, losses, accidents, damage, or injuries to real or
personal property; or
Securing evidence to be used before an investigating committee or board, or in a civil or
criminal trial.
28
FDACS, Division of Licensing, Number of Licensees by Type (Nov. 30, 2023),
https://www.fdacs.gov/content/download/82618/file/Number_of_Licensees_By_Type.pdf (last visited Jan. 17, 2024).
29
Licenses shall be valid for a period of two years, except for Class “A,” Class “B,” Class “AB,” Class “K,” Class “R,” and
branch agency licenses, which shall be valid for a period of three years. See s. 493.6111(2), F.S.
30
Section 493.6101(19), F.S.; see also, FDACS, Private Security Licenses, https://www.fdacs.gov/Business-Services/Private-
Security-Licenses (last visited Jan. 17, 2024).
31
Section 493.6102(1), F.S.
32
Section 493.6102(4), (13), F.S.
33
Section 493.6101(16), F.S. See also, FDACS, Private Investigation (Dec. 2017),
https://licensing.freshfromflorida.com/forms/P-01721.pdf (last visited Jan. 17, 2024). BILL: CS/CS/SB 1084 Page 9
Class “G” Statewide Firearm License
A Class “G” license is a supplemental license that permits specific licensees to carry a firearm
during the course of their licensed, employment-related activity. A Class “G” license is available
only to individuals who currently hold one of the following licenses: private investigator (Class
“C”), private investigator intern (Class “CC”), security officer (Class “D”), private investigative
or security agency manager (Class “M”), private investigative agency manager (Class “MA”), or
security agency manager (Class “MB”).
34
The “Class G” license must be renewed every two
years.
Application and Training Requirements for Class “G” Licensees
An initial applicant for a Class “G” license must complete firearm training, which must include
at least 28 hours of range and classroom training (range training must be eight hours) that is
administered by a Class “K” licensee.
35
Class “G” licensees must annually complete four hours of firearms requalification training for
each caliber of firearm that he or she carries in the course of his or her duties.
36
A Class “G” licensee is subject to a biennial statewide firearm license fee of $112, but there is no
application fee.
37
The applicant for a Class “G” license must submit a fingerprint processing
($42) and retention ($10.75) fee, however—this fee is waived if the applicant has otherwise paid
these fees for any other license under ch. 493, F.S., within the last six months.
38
Regulation of Class “G” Licensees
A Class “G” licensee may only carry two firearms when performing his or her licensed duties.
Unless the department grants specific approval otherwise, the types of weapons a Class “G”
licensee may use are limited to the following: a .38 caliber revolver; a .380 caliber or .9 mm
semiautomatic pistol; a .357 caliber revolver used with .38 caliber ammunition; a .40 caliber
handgun; or a .45 ACP handgun.
39
If a Class “G” licensee discharges his or her firearm during the course of her or his duties, the
licensee must file an incident report with the department.
40
Class “G” licensees are subject to penalty, ranging from a fine to the suspension or revocation of
their license, for the following violations of administrative rule:
41
34
Section 493.6115(2), F.S.
35
Section 493.6105(5), F.S. See also Fla. Admin. Code R. 5N-1.132(1)(a).
36
Section 493.6113(3)(b), F.S.
37
Fla. Admin. Code R. 5N-1.116(2)(a)6. and (2)(c). See also, FDACS, Chapter 493, F.S., Renewal License Fee Schedule,
https://www.fdacs.gov/content/download/73502/file/FS493_Renewal_License_Fees.pdf (last visited Jan. 17, 2024).
38
Fla. Admin. Code R. 5N-1.116(3)(a).
39
Section 493.6115(6), F.S. See also, FDACS, Approved Firearms for Class “G” License Holders,
https://www.fdacs.gov/Business-Services/Private-Investigation-Licenses/Approved-Firearms-for-Class-G-License-Holders
(last visited Jan. 17, 2024).
40
Section 493.6115(9), F.S.
41
Fla. Admin. Code R. 5N-1.113. See also, s. 493.6118(1), F.S. BILL: CS/CS/SB 1084 Page 10
Conviction of, or adjudication of guilt withheld, on a crime directly related to the business
for which the license is held;
Improper exhibition of a firearm;
Careless or improper handling of a firearm resulting in a discharge;
Firing an unjustifiable warning shot while on duty;
Impersonating a law enforcement officer or government employee; and
Commission of an act of violence not in the lawful protection of one’s self or another.
Concealed Weapon and Firearm License
Florida is a “shall issue”
42
state for applications for concealed weapon and firearm licenses.
43
The department must review and either issue or deny a license within 90 days of receiving an
application.
44
As of November 30, 2023, there were 2,511,443 concealed weapon or firearm
licensees in Florida.
45
The department must issue a license, which expires after seven years,
46
if an applicant:
Is a citizen of the United States, permanent resident alien, or consular security official of a
foreign government;
Is 21 years of age or older;
Does not suffer from a physical infirmity which prevents the safe handling of a weapon or
firearm;
Has not been convicted of a felony;
Has not been found guilty of a controlled substances crime within the previous three years;
Has not been committed for the abuse of a controlled substance;
47
Does not suffer from chronic and habitual use of alcohol or other substances to the extent that
their normal faculties are impaired;
48
Desires to carry a concealed weapon or firearm for lawful self-defense;
Demonstrates competency with a firearm;
49
42
Generally, states issue a permit, or license, to carry a concealed weapon such as a firearm on either a “shall issue,” or “may
issue” basis. The key difference is that shall issue states must issue the permit or license if the applicant meets the
requirements; whereas, may issue states have much more discretion to deny an application even if the applicant meets the
requirements under the law.
43
Section 790.06(2), F.S.
44
Section 790.06(6)(c), F.S.
45
FDACS, Division of Licensing, Number of Licensees by Type (Nov. 30, 2023),
https://www.fdacs.gov/content/download/82618/file/Number_of_Licensees_By_Type.pdf (last visited Jan. 17, 2024).
46
Section 790.06(1), F.S.
47
An applicant granted relief of firearms disabilities pursuant to s. 790.065(2)(a)4.d., F.S., after having been adjudicated
mentally defective or committed to a mental institution is deemed not to be committed for the abuse of a controlled
substance.
48
The law presumes that a person chronically and habitually uses alcoholic beverages or other substances to the point of
impairment if the applicant has been convicted of using a firearm while under the influence of alcoholic beverages, chemical
substances, or controlled substances or has been deemed a habitual offender of disorderly intoxication under
s. 856.011(3), F.S., or has had two or more convictions of driving under the influence within a three-year period preceding
the date which the application is submitted. See, s. 790.06(2)(f), F.S.
49
There are several methods of demonstrating competency with a firearm, including completion of a hunter education or
safety course approved by the Fish and Wildlife Conservation Commission, completion of any law enforcement firearms
safety or training course, or completion of firearms training safety courses using instructors certified by the National Rifle
Association, Criminal Justice Standards and Training Commission, or the department. BILL: CS/CS/SB 1084 Page 11
Has not been adjudicated as an incapacitated person;
Has not been committed to a mental institution;
50
Has not had an adjudication of guilt withheld or a suspended sentence on a felony unless
three years have elapsed since probation or any other conditions set by the court have been
fulfilled, or the record has been expunged;
Has not had an adjudication of guilt withheld or an imposition of sentence suspended on a
misdemeanor crime of domestic violence, unless three years have elapsed since probation or
any other conditions set by the court have been fulfilled, or the record has been expunged;
Has not been issued an injunction that is currently in force and effect that restrains that
applicant from committing acts of domestic violence or acts of repeat violence; and
Is not prohibited from purchasing or possessing a firearm by any other provision of Florida
or federal law.
51
The department must suspend a license or the processing of an application for a license if the
licensee or applicant is arrested or formally charged with a crime that would disqualify such
person from having a license until final disposition of the case.
52
The department is also required
to suspend a license or the processing of an application for a license if the licensee or applicant is
issued an injunction that restrains the licensee or applicant from committing acts of domestic
violence or acts of repeat violence.
53
Once obtained, the licensee must carry the license with valid identification at all times when the
licensee is in actual possession of a concealed weapon or firearm.
54
According to
s. 790.06(12)(a), F.S., the license, however, “does not authorize any person to carry a concealed
weapon or firearm into:”
Any place of nuisance;
55
Any police, sheriff, or highway patrol station;
Any detention facility, prison, or jail;
Any courthouse;
Any courtroom;
56
Any polling place;
Any meeting of the governing body of a county, public school district, municipality, or
special district;
Any meeting of the Legislature or a committee thereof;
Any school, college, or professional athletic event not related to firearms;
Any elementary or secondary school facility or administration building;
Any career center;
50
An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d., F.S., after having been
adjudicated mentally defective or committed to a mental institution is deemed not to have been committed in a mental
institution.
51
Section 790.06(2)(n), F.S.
52
Section 790.06(3), F.S.
53
Id.
54
Section 790.06(1), F.S.
55
See s. 823.05, F.S., for an extensive description of places of nuisance.
56
However, judges may carry a concealed weapon and allow others to do so within their courtroom.
Section 790.06(12)(a)5., F.S. BILL: CS/CS/SB 1084 Page 12
Any portion of an establishment licensed to dispense alcoholic beverages for consumption on
the premises, which portion of the establishment is primarily devoted to such purpose;
Any college or university facility;
57
The inside of the passenger terminal and sterile area of any airport; or
Any place where the carrying of firearms is prohibited by federal law.
58
Appointment of tax collectors to accept applications for a concealed weapon or firearm license
The department may appoint tax collectors,
59
to accept applications on behalf of the department’s
Division of Licensing (division) for concealed weapon or firearm licenses. A tax collector
appointed under s. 790.0625, F.S., may collect and retain a convenience fee of $22 for each new
application and $12 for each renewal application.
60
A tax collector seeking to be appointed must submit a written request to the division stating his
or her name, address, telephone number, each location within the county at which the tax
collector wishes to accept applications, and other information as required by the division.
61
If the written request is approved by the division, the tax collector will be permitted to accept
applications for new or renewal concealed weapon or firearm licenses on behalf of the
department.
62
A tax collector is prohibited from maintaining a list or record of persons who apply for or are
granted a new or renewal license to carry a concealed weapon or firearm.
63
Upon receipt of a
completed renewal or replacement application, a new color photograph, and appropriate payment
of required fees, an authorized tax collector may, upon approval and confirmation of license
issuance by the department, print and deliver a concealed weapon or firearm license to a licensee
renewing his or her license at the tax collector’s office.
64
Effect of Proposed Changes
Section 12 amends s. 493.6113(3)(b), F.S., to provide that a Class “K” instructor has discretion
to allow a Class “G” licensee to qualify for up to two calibers of firearms in a four hour firearm
requalification class if the licensee successfully completes training for each firearm, including a
separate course of fire for each caliber of firearm.
Section 13 creates s. 493.6127, F.S., which gives the department authority to appoint tax
collectors to accept new, renewal, and replacement license applications on behalf of the
department for licenses issued under ch. 493, F.S. Such appointments must be for specified
locations that will best serve the public interest.
57
However, a “student, employee, or faculty member” may carry a stun gun or nonlethal electric weapon designed for
defensive purposes as long as the weapon does not fire a dart or projectile.
58
Section 790.06(12)(a)1.-15., F.S.
59
See s. Art. VIII, § 1(d), Fla. Const.
60
Section 790.0625(5), F.S.
61
Section 790.0625(3), F.S.
62
Section 790.0625(3)(a), F.S.
63
Section 790.0625(6)(a), F.S.
64
Section 790.0625(8), F.S. BILL: CS/CS/SB 1084 Page 13
The bill provides that a tax collector seeking to be appointed must submit a written request to the
department stating his or her name, address, telephone number, each location within the county
at which the tax collector wishes to accept applications, and other information as required by the
department.
The bill requires the department to review each written request upon receipt. The department
may decline to enter into a memorandum of understanding, or may approve the written request
and enter into a memorandum of understanding with the tax collector to accept applications for
new or renewal licenses on behalf of the department. However, the department may rescind a
memorandum of understanding for any reason at any time.
The bill provides that information and records provided pursuant to ss. 493.6105 and
493.6113, F.S., remain confidential pursuant to s. 493.6122, F.S., or any other state or federal
law.
The bill prohibits any person from handling an application for a license issued under
ch. 493, F.S., for a fee or compensation of any kind unless he or she has been appointed by the
department to do so.
The bill establishes that an appointed tax collector may collect and retain a convenience fee of
$22 for each new application, $12 for each renewal application, $12 for each replacement
license, $9 for fingerprinting services associated with the completion of an application submitted
online or by mail, and $9 for photographing services associated with the completion of an
application submitted online or by mail. Each week, the tax collector is required to remit the
license fees to the department to be deposited in the Division of Licensing Trust Fund.
The bill provides that a person who willfully violates s. 493.6127, F.S., commits a second degree
misdemeanor.
65
The bill provides that upon receipt of a completed renewal or replacement application, a new
color photograph, and appropriate payment of required fees, an authorized tax collector may,
upon approval and confirmation of license issuance by the department, print and deliver a license
to a licensee renewing or replacing his or her license at the tax collector’s office.
Section 37 amends s. 790.0625, F.S., to provide that a tax collector appointed under
s.790.0625, F.S., may collect and retain $12 for each replacement license, $9 for fingerprinting
services associated with the completion of an application submitted online or by mail, and $9 for
photographing services associated with the completion of an application submitted online or by
mail.
The bill clarifies that a tax collector is authorized to accept renewal applications from an
applicant for the renewal of a concealed weapon or firearm license. If an applicant is approved
by the department and completes a renewal application, provides a color photograph, and pays
the required fees, then the tax collector may print and deliver a concealed weapon or firearm
license to a licensee renewing his or her license at the tax collector’s office.
65
A second degree misdemeanor is generally punishable by not more than 60 days in county jail, and a fine not exceeding
$500. Sections 775.082 and 775.083. BILL: CS/CS/SB 1084 Page 14
The bill authorizes a tax collector to print and deliver a concealed weapon or firearm license to a
licensee whose license has been lost or destroyed if a statement is received to the department
made under oath and payment of the required fees is received. The department must confirm and
approve that the aforementioned license is in good standing. Additionally, a tax collector who is
authorized to accept an application for a concealed weapon or firearm license may provide
fingerprinting and photographing services to aid concealed weapon and firearm applicants and
licensees with initial and renewal applications submitted online or by mail.
Section 44 reenacts s. 493.6115, F.S., related to Class “G” license.
Charitable Organizations
Present Situation
Charitable Organizations and Sponsors
Organizations that intend to solicit donations in Florida are required to register with the
department pursuant to the Solicitation of Contributions Act.
66
The Act contains basic
registration, financial disclosures, and notification requirements for charitable organizations and
sponsors,
67
fundraising consultants, and solicitors.
Registration Statements
An initial registration statement must be submitted to the department and include a financial
report, a statement of the purpose of the charity, how donations will be used, names of
individuals in charge of solicitation activities, and proof of federal tax exempt status. The charity
must also identify any professional solicitors and fundraising consultants the charity will use,
along with the terms of the arrangements for compensation to be paid to the consultant and
solicitor. The registration must include a statement related to the charity’s activity in other states,
including whether the charity is authorized to operate in another state; whether the charity’s
registration has been denied, suspended, or revoked in another state; and whether the charity or
any person associated with the charity has been subject to any adverse administrative actions or
criminal convictions in any state.
68
The following charitable organizations and sponsors are exempt from the registration
requirements:
A person who is soliciting for a named individual;
A charitable organization or sponsor that limits solicitations of contributions to the
membership of the charitable organization or sponsor;
66
Section 496.401, F.S.
67
A sponsor is a group or person who is or holds itself out to be soliciting contributions by the use of a name that implies that
the group or person is in any way affiliated with or organized for the benefit of emergency service employees or law
enforcement officers and the group or person is not a charitable organization. The term includes a chapter, branch, or affiliate
that has its principal place of business outside the state if the chapter, branch, or affiliate solicits or holds itself out to be
soliciting contributions in the state. Section 496.404(25), F.S.
68
Section 496.405(2), F.S. BILL: CS/CS/SB 1084 Page 15
Any division, department, post, or chapter of certain veterans’ service organizations are
exempt from the registration requirements; or
A charitable organization that has less than $50,000 in total revenue as long as they did not
employ professional solicitors or have paid employees.
69
Before soliciting contributions, the charitable organization or sponsor claiming the exemption
must provide the department with certain financial and identifying information including the
name, address, and telephone number of the charitable organization or sponsor, the name under
which it intends to solicit contributions, the purpose for which it is organized, and the purpose
for which the contributions to be solicited will be used.
70
Financial Statements
A charitable organization or sponsor that is required to register or renew registration must file an
annual financial statement for the immediate preceding year with the department. The statement
must include:
A balance sheet;
A statement of support, revenue and expenses;
Names and addresses of any charities, professional fundraising consultants, professional
solicitors, and commercial co-ventures used and the amounts received from each of them;
and
A statement of functional expenses that must include program service costs, management and
general costs, and fundraising costs.
71
Upon the showing of good cause by a charitable organization or sponsor, the department may
extend the time for the filing of a financial statement by up to 180 days.
72
Disclosure Requirements of Charitable Organizations and Sponsors
Charitable organizations or sponsors can solicit contributions only for the purpose expressed in
the solicitation for contributions or the registration statement. The following disclosures must be
included at the point of solicitation: the name of the organization or sponsor and principal place
of business of the organization or sponsor; a description of the purpose for which the solicitation
is being made; the name and address or telephone number of a person to whom inquiries may be
addressed; the amount of the contribution which may be deducted from federal income tax; and
the source from which a written financial statement may be obtained.
73
69
Section 496.406(1), F.S.
70
Section 496.406(2), F.S.
71
Section 496.407(1), F.S.
72
Section 496.407(3), F.S.
73
Section 496.411, F.S. BILL: CS/CS/SB 1084 Page 16
Professional Fundraising Consultants
Professional fundraising consultants
74
are required to annually register and pay a $300 fee to the
department before operating in Florida.
75
Additionally, professional fundraising consultants who
enter into agreements with charities may do so only if the charity has complied with
ch. 496, F.S., and has obtained approval from the department of a registration statement.
76
Applications for registration or renewal must be signed by an authorized official of the
professional fundraising consultant and must include certain identifying information such as
the names and residence addresses of all principals of the applicant, including all officers,
directors, and owners; the form of the applicant’s business; and the street address and telephone
number of the principal place of business of the applicant and any Florida street addresses if the
principal place of business is located outside of Florida.
77
After receiving the registration statement, the department has 15 business days to either approve
the registration or notify the consultant that the registration requirements are not satisfied. If,
after 15 days the department has not notified the consultant, the registration is deemed
approved.
78
Professional Solicitors
Professional solicitors
79
must annually register and pay a $300 fee to the department before
operating in Florida.
80
Information that must be provided for registration or renewal includes the
street address and telephone number of the business, the form of the applicant’s business, the
place and date when the applicant was legally established, and the names and residence
addresses of all principals, including officers, directors, and owners. The application must also
provide a list of all telephone numbers to be used by the applicant to solicit contributions as well
as the physical address associated with each telephone number.
81
After receiving the registration statement, the department has 15 business days to either approve
the registration or notify the solicitor that the registration requirements are not satisfied. If, after
15 days the department has not notified the solicitor, the registration is deemed approved.
82
74
A professional fundraising consultant is a person retained by a charitable organization or sponsor for a fixed fee or rate
under a written agreement to plan, manage, conduct, carry on, advise, consult, or prepare material for a solicitation of
contributions in Florida but who does not solicit contributions or employ, procure, or engage any compensated person to
solicit contributions and who does not at any time have custody or control of contributions. Section 496.404(20), F.S.
75
Section 496.409(1),(3), F.S.
76
See s. 496.409(6), F.S.
77
Section 496.409(2), F.S.
78
Section 496.409(6), F.S.
79
A professional solicitor is a person who, for compensation, performs for a charitable organization or sponsor a service in
connection with which contributions are or will be solicited in, or from a location in, Florida by the compensated person or
by a person it employs, procures, or otherwise engages, directly or indirectly, to solicit contributions, or a person who plans,
conducts, manages, carries on, advises, consults, directly or indirectly, in connection with the solicitation of contributions for
or on behalf of a charitable organization or sponsor but who does not qualify as a professional fundraising consultant.
Section 496.404(21), F.S.
80
Section 496.410, F.S.
81
Section 496.410(2), F.S.
82
Section 496.410(5), F.S. BILL: CS/CS/SB 1084 Page 17
Solicitors must also file a solicitation notice with the department at least 15 days before
beginning a solicitation campaign or event. The notice must include identifying information
including residence addresses.
83
During each solicitation campaign, and for not less than three
years after its completion, the solicitor must maintain certain records including addresses of
contributors and employees involved in the solicitation.
84
Additionally, if solicitors sell tickets to
events, the solicitor must maintain records including addresses of contributors and of
organizations that receive the donated tickets.
85
A solicitor license must be obtained from the department by each officer, director, trustee, or
owner of a professional solicitor and any employee of a professional solicitor conducting
telephonic solicitations during which a donor’s or potential donor’s personal financial
information is requested or provided, is required. Among other information, the license
application must include the name, home address, date of birth, and identification number of a
government-issued ID of the applicant.
86
Collection Receptacles for Donations
All collection receptacles for donations must display a permanent sign on each side of the
receptacle. For receptacles used by a charity required to register under ch. 496, F.S., the sign
must provide the name, address, telephone number, and registration number of the charity.
87
Solicitation of Funds within Public Transportation Facilities
Any person wanting to solicit funds within a public transportation facility must obtain a written
permit from the authority responsible for the administration of the facility. The application for
the permit submitted to the authority must include the name, mailing address, and telephone
number of the person or organization; the name, mailing address, and telephone number of each
person participating in the activity as well as the person in charge of the activity; a description of
the proposed activities; the dates and hours of the activities; and the number of persons engaged
in such activities. While conducting the activities, each solicitor must display prominently a
badge or insignia provided by the authority that describes the solicitor by name, age, height,
weight, eye color, hair color, address, and principal occupation, and indicating the name of the
organization for which the funds are solicited.
88
Effect of Proposed Changes
Section 14 amends s. 496.404, F.S., to define the term “street address” as the physical location
where activities subject to regulation under ch. 496, F.S., are conducted or where an applicant,
licensee, or other referenced individual actually resides. The term does not include a virtual
office, a post office box, or a mail drop.
83
Section 496.410(6), F.S.
84
Section 496.410(10), F.S.
85
Section 496.410(11), F.S.
86
Section 496.4101, F.S.
87
Section 496.4121, F.S.
88
S. 496.425, F.S. BILL: CS/CS/SB 1084 Page 18
Section 15 amends s. 496.405, F.S., to amend the contribution-based registration fee thresholds
to remove an option related to contributions raised by non-compensated volunteers, members,
officers or permanent employees under $50,000 in the previous fiscal year.
Section 16 amends s. 496.406, F.S., to amend the exemption threshold to refer to total
contributions and not total revenue. The bill also revises the information charitable organizations
and sponsors must provide to the department when claiming certain exemptions to include street
addresses.
Section 17 amends s. 496.407, F.S., to revise the financial information charitable organizations
and sponsors must provide to the department to include street addresses, and removes the
requirement that a charitable organization or sponsor must show good cause in order to receive a
filing extension from the department.
Section 18 amends s. 496.409, F.S., to revise the information professional fundraising
consultants must include in applications for registration or renewals of registration to include
street addresses rather than residence addresses.
Section 19 amends s. 496.410, F.S., to revise the information that professional solicitors must
include in applications for registration, renewals of registration, and solicitation notices provided
to the department, and that solicitors are required to maintain in their records to include street
addresses rather than physical or residence addresses.
Section 20 amends s. 496.4101, F.S., to revise the information that must be included in certain
solicitor license applications to include street addresses rather than home addresses.
Section 21 amends s. 496.411, F.S., to revise the information that disclosures of charitable
organizations or sponsors soliciting in Florida must include street addresses.
Section 22 amends s. 496.4121, F.S., to revise the information that must be displayed on certain
collection receptacles to include street addresses.
Section 23 amends s. 496.425, F.S., to provide that a person who solicits funds within a public
transportation facility must provide in an application to the authority and must display
prominently on the person’s bade or insignia, to include street addresses.
Section 45 reenacts s. 496.4055, F.S., related to the board of directors of a charitable
organization.
Alternative Meat
Present Situation
Cultivated Meat
The United States Department of Agriculture (USDA) describes human food made with cultured
animal cells as the ability to take a small number of cells from living animals and grow them in a BILL: CS/CS/SB 1084 Page 19
controlled environment to create food.
89
The USDA summarizes the process of making cultured
meat below:
Step 1: Scientists typically start with a sample of cells from the tissue of an animal or fish, a
process that typically does not permanently harm or kill the animal. Some cells from the
sample are selected, screened, and grown to make a “bank” of cells to store for later use.
Step 2: To make food, a small number of cells are taken from the cell bank and placed in a
tightly controlled and monitored environment (e.g., a very large, sealed vessel) that supports
growth and cellular multiplication by supplying appropriate nutrients and other factors.
Step 3: After the cells have multiplied many times over into billions or trillions of cells,
additional factors (e.g., protein growth factors, new surfaces for cell attachment, additional
nutrients) are added to the controlled environment to enable the cells to differentiate into
various cell types and assume characteristics of muscle, fat, or connective tissue cells.
Step 4: Once the cells have differentiated into the desired type, the cellular material can be
harvested from the controlled environment and prepared using conventional food processing
and packaging methods.
90
In 2019 the United States Food and Drug Administration (FDA) and the USDA’s Food Safety
and Inspection Service agreed to establish a joint regulatory framework for human foods made
from cultured cells of livestock and poultry to help ensure that any such products brought to
market are safe, unadulterated, and truthfully labeled.
91
As of 2024, there are currently several states that have laws related to the proper labeling of meat
and lab grown meat products.
92
Effect of Proposed Changes
Section 24 amends s. 500.03, F.S., to provide a definition for cultivated meat to mean any meat
or food product produced from cultured animal cells. This section is effective upon the bill
becoming a law.
Section 25 creates s. 500.452, F.S., to prohibit the manufacture for sale, sale, hold or offer for
sale, or distribution of cultivated meat in this state. The bill also provides the penalties for
knowingly violating this section and gives the department rulemaking authority. This section is
effective upon the bill becoming a law.
Section 26 amends s. 507.07, F.S., to prohibit a mover from placing a shipper’s goods in a
storage unit not owned by the mover unless the goods are stored in the shipper’s name and the
shipper contracts directly with the owner storage unit.
89
USDA, Human Food Made with Cultured Animal Cells, available at, https://www.fsis.usda.gov/inspection/compliance-
guidance/labeling/labeling-policies/human-food-made-cultured-animal-cells (last visited January 17, 2024).
90
Id.
91
Id.
92
Penn State Law, Scope of the Meat Labeling Law Issue Tracker, available at, https://aglaw.psu.edu/research-by-
topic/issue-tracker/meat-labeling-law-2018-present/ (last visited January 17, 2024). BILL: CS/CS/SB 1084 Page 20
Bureau of Standards
Present Situation
Weights, Measures, and Standards
The department’s Bureau of Standards is responsible for the inspection of weights and measures
devices or instruments in Florida.
93
“Weights and measures” are defined as all weights and
measures of every kind, instruments, and devices for weighing and measuring, and any appliance
and accessories associated with any or all such instruments and devices, excluding taximeters,
transportation measurement systems, and those weights and measures used for the purpose of
inspecting the accuracy of devices used in conjunction with aviation fuel.
94
The weights and
measures program is funded through permit fees.
95
This framework including provisions related
to general permitting, initial and renewal applications, maximum permit fees, suspensions,
penalties, revocations, and exemptions, are set to expire on July 1, 2025.
96
Effect of Proposed Changes
Section 27 repeals s. 531.67, F.S.; thus, saving the Weights and Measures Act from expiring on
July 1, 2025.
Motor Vehicle Repair
Present Situation
Motor Vehicle Repair Shop Registration and Written Repair Estimates
The Florida Motor Vehicle Repair Act
97
requires anyone who is paid to repair motor vehicles
owned by other individuals to register with the department. Registration applications must
include: the name of the applicant; the name under which the applicant is doing business; the
business address; copies of all licenses, permits, and certifications; and the number of employees
which the applicant intends to employ or currently employs.
98
Each application must be
accompanied by a registration fee calculated on a per-year basis.
99
For repairs costing more than $100, repair shops are required to prepare a written repair estimate
that includes the estimated cost of repair work, including diagnostic work, before beginning any
diagnostic work or repair. The repair shop must then give the customer the option of:
Requesting a written estimate;
Being notified by the shop if the repair exceeds an amount the customer specifies; or
Not requiring a written estimate at all.
100
93
Ch. 531, F.S. “Weights and Measures Act of 1971”
94
Section 531.37(1), F.S.
95
Section 531.63, F.S.
96
Section 531.67, F.S.
97
Section 559.901, F.S.
98
Section 559.904(1), F.S.
99
Section 559.904(3), F.S.
100
Section 559.905, F.S. BILL: CS/CS/SB 1084 Page 21
Effect of Proposed Changes
Section 28 amends s. 559.904, F.S., to remove the requirement for a motor vehicle repair shop to
provide copies of licenses, permits, and certifications obtained by the applicant or employees of
the applicant on the registration application; and to specify that the registration fee must be
calculated for each location.
Section 29 amends s. 559.905, F.S., to increase the threshold value of repair work which requires
a motor vehicle repair shop to provide a customer with a written repair estimate from $100 to
$150.
Section 30 amends s. 570.07, F.S., to increase the department’s statutorily authorized threshold
to repair or build structures from $250,000 to $500,000.
Section 46 reenacts s. 559.907, F.S., related to charges for motor vehicle repair estimate.
The Florida Agricultural Museum
Present Situation
Florida Agricultural Museum
The Florida Agricultural Museum was established in 1983 by a group of concerned
agriculturalists and historians at the request of Agricultural Commissioner Doyle Conner to help
preserve this important part of Florida’s heritage.
101
Originally located in Tallahassee, the
museum was part of the Department of Agriculture and Consumer Services.
102
The Museum,
now located in Flagler County, is a private non-profit 501(c)(3) corporation led by a board of
trustees.
103
Effect of Proposed Changes
Section 31 amends s. 570.69, F.S., to provide the definition of “center” to mean the Florida
Agricultural Legacy Learning Center. The bill also removes the definition of “museum,” which
is the Florida Agricultural Museum.
Section 32 amends s. 570.691, F.S., and Section 33 amends s. 570.692, F.S., to conform to the
changes made by Section 32.
Saw Palmetto Berries Harvesting
Present Situation
Saw Palmetto Berries
Saw palmetto berries collected from forests in Florida and Georgia are the most abundantly
harvested medicinal non-timber forest products (NTFPs) in terms of dry weight. Saw palmetto
101
Florida Agricultural Museum, About the Museum, available at, https://www.floridaagmuseum.org/about-the-museum/
(last visited January 17, 2024).
102
Id.
103
Id. BILL: CS/CS/SB 1084 Page 22
berries are the fruit of a commonly occurring understory plant in Florida flatwoods. They are the
source of certain medicinal compounds used in Native American, herbal and alternative medical
treatments for prostate and other urologic conditions.
104
Effective July 2018, the Department of Agriculture and Consumer Services (department)
requires a permit to harvest and sell saw palmetto berries in Florida.
105
The Endangered Plant
Advisory Council unanimously recommended adding saw palmetto to the department
commercially exploited plant list.
106
There is no application fee to apply for a permit. The permit
expires 12 months after the date of issuance and is not transferable.
107
Effect of Proposed Changes
Section 34 creates s. 581.189, F.S., to provide definitions for “harvest,” “harvester,”
“landowner,” “person,” “saw palmetto berries,” “saw palmetto berry dealer,” and “seller.” The
bill prohibits willful destroying, harvesting, or selling saw palmetto berries, on private or public
land, without the written permission of the landowner. The bill provides what must be included
in the landowner’s written permission to harvest saw palmetto berries. The bill also provides the
reporting requirements after the berries have been harvested along with authorizing law
enforcement to seize berries harvested in violation of this bill.
The bill also provides penalties for violations created by this bill. The department is granted
rulemaking authority.
Hemp
Present Situation
State Hemp Program
The state hemp program was created within the Department of Agriculture and Consumer
Services (department) to regulate the cultivation of hemp in Florida.
108
Section 581.217(3)(e), F.S., defines the term “hemp” to mean:
…the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and
all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof,
whether growing or not, that has a total delta-9-tetrahydrocannabinol concentration that
does not exceed 0.3 percent on a dry-weight basis, with the exemption of hemp extract,
104
Florida Department of Agriculture and Consumer Services (FDACS), Non-Timber Forest Products (NTFP): Additional
Potential Revenue Sources for Forest Landowners,
https://www.fdacs.gov/Forest-Wildfire/Our-Forests/Working-Forest/Non- Timber-Forest-Products-NTFP (last visited
January 17, 2024).
105
Florida Department of Agriculture and Consumer Services (FDACS), Saw Palmetto Berry Harvesting, available at,
https://www.fdacs.gov/Agriculture-Industry/Plant-Industry-Permits/Saw-Palmetto-Berry-Harvesting (last visited January 17,
2024).
106
Id.
107
FDACS, Saw Palmetto (Serenoa repens), Berry Harvesting FAQs, available at,
https://ccmedia.fdacs.gov/content/download/104215/file/SPBFAQs%5B84%5D.pdf (last visited January 17, 2024).
108
See s. 581.217, F.S. BILL: CS/CS/SB 1084 Page 23
which may not exceed 0.3 percent total delta-9-tetrahydrocannabinol on a wet-weight
basis.
Section 581.217(3)(f), F.S., defines the term “hemp extract” to mean “a substance or compound
intended for ingestion, containing more than trace amounts of cannabinoid, or for inhalation which
is derived from or contains hemp and which does not contain other controlled substances.” The
term does not include synthetic cannabidiol or seeds or seed-derived ingredients that are generally
recognized as safe by the United States Food and Drug Administration.
109
Products that are
intended for inhalation and contain hemp extract may not be sold in this state to a person who is
under 21 years of age.
110
The department was required to seek federal approval of the state plan for the regulation of the
cultivation of hemp with the United States Secretary of Agriculture (USDA) in accordance with
the 2018 Farm Bill within 30 days of adopting rules.
111
A license is required to cultivate hemp
112
and to obtain a license, a person must apply to the department and submit a full set of
fingerprints.
113
A person seeking to cultivate hemp must provide the department with a legal land
description and GPS coordinates of where the hemp will be cultivated.
114
The department must
deny an application under certain circumstances.
115
Distribution and Retail Sale of Hemp Extract
Hemp extract may only be distributed and sold in this state if the product has a certificate of
analysis prepared by an independent testing laboratory that states:
The hemp extract is the product of a batch tested by the independent testing laboratory;
The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed
0.3 percent pursuant to the testing of a random sample of the batch;
The batch does not contain contaminants unsafe for human consumption; and
The batch was processed in a facility that meets certain human health or food safety
requirements.
116
Additionally, hemp extract may only be distributed or sold in a container that includes:
A scannable barcode or quick response code linked to the certificate of analysis of the hemp
extract batch by an independent testing laboratory;
The batch number;
The Internet address of a website where batch information may be obtained;
The expiration date; and
The number of milligrams of each marketed cannabinoid per serving.
117
109
Section 581.219(3)(f), F.S.
110
Section 581.217(7)(d), F.S.
111
Section 581.217(4), F.S.
112
Section 581.217(5)(a), F.S.
113
Section 581.217(5)(b), F.S.
114
Section 581.217(5)(d), F.S.
115
Section 581.217(5)(e), F.S.
116
Section 581.217(7)(a), F.S.
117
Id. BILL: CS/CS/SB 1084 Page 24
Such container must:
Be suitable to contain products for human consumption;
Be composed of materials designed to minimize exposure to light;
Mitigate exposure to high temperatures;
Not be attractive to children; and
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Be compliant with the United States Poison Prevention Packaging Act of 1970.
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Effect of Proposed Changes
Section 35 amends s. 581.17, F.S., revising the definition of “hemp extract” to mean hemp
containing more than trace amounts of a cannabinoid which is intended for ingestion or for
inhalation but which does not contain controlled substances.
Section 36 amends s. 585.01, F.S., to include poultry in the definition of “livestock.”
Section 47 reenacts s. 468.382, F.S., related to the definition of “livestock.”
Section 48 reenacts s. 534.47, F.S.
Section 49 reenacts s. 767.01, F.S.
Section 50 reenacts s. 767.03, F.S.
Criminal Trespass
Present Situation
Trespassing on Agricultural Land
A person commits the offense of trespass on property other than a structure or conveyance, when
he or she, without being authorized, licensed, or invited, willfully enters upon or remains in any
property other than a structure or conveyance:
As to which notice against entering or remaining is given, either by actual communication to
the offender or by posting, fencing, or cultivation; or
If the property is the unenclosed curtilage of a dwelling and the offender enters or remains
with the intent to commit an offense thereon, other than the offense of trespass.
120
Section 810.09, F.S., provides criminal penalties for specific types of trespass:
The offender commits a felony of the third degree, if the property trespassed upon is
commercial horticulture property and the property is legally posted and identified in
substantially the following manner: “THIS AREA IS DESIGNATED COMMERCIAL
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Section 581.217(3)(a), F.S., defines “attractive to children” to mean manufactured in the shape of humans, cartoons or
animals; manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the
public as a widely distributed, branded food product such that a product could be mistaken for the branded product,
especially by children, or containing color additives.
119
Section 581.217(7)(a), F.S.
120
Section 810.09(1)(a), F.S. BILL: CS/CS/SB 1084 Page 25
PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES
ON THIS PROPERTY COMMITS A FELONY.”
The offender commits a felony of the third degree, if the property trespassed upon is an
agricultural site for testing or research purposes that is legally posted and identified in
substantially the following manner: “THIS AREA IS A DESIGNATED AGRICULTURAL
SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES
ON THIS PROPERTY COMMITS A FELONY.”
Any person who in taking or attempting to take any animal, or in killing, attempting to kill,
or endangering any animal,
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knowingly propels or causes to be propelled any potentially
lethal projectile over or across private land without authorization commits trespass, a felony
of the third degree. For purposes of this paragraph, the term “potentially lethal projectile”
includes any projectile launched from any firearm, bow, crossbow, or similar tensile device.
This section does not apply to any governmental agent or employee acting within the scope
of his or her official duties.
The offender commits a felony of the third degree, punishable as provided in
ss. 775.082, 775.083, or 775.084, if the property trespassed upon is an agricultural chemicals
manufacturing facility that is legally posted and identified in substantially the following
manner: “THIS AREA IS A DESIGNATED AGRICULTURAL CHEMICALS
MANUFACTURING FACILITY, AND ANYONE WHO TRESPASSES ON THIS
PROPERTY COMMITS A FELONY.”
Effect of Proposed Changes
Section 38 amends s. 810.011, F.S., to add agricultural land to the definition of “posted land.”
Section 39 amends s. 810.09, F.S., to provide criminal penalties for trespassing on land classified
as commercial agricultural property. The bill also provides the definition for “commercial
agricultural property” to mean property cleared of its natural vegetation or fenced for the
purposes of planting, growing, harvesting, processing, raising, producing, or storing plant or
animal commercial commodities.
Section 41 amends s. 379.3004, F.S., to conform with the changes in this bill related to
trespassing on property while armed.
Section 42 amends s. 812.014, F.S., to conform with the changes in this bill related to
trespassing on property that is identified as a construction zone.
Section 43 amends s. 921.0022, F.S., to conform with the changes in this bill related to
trespassing.
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Animal is defined in s. 585.01(13) as: “Livestock” means grazing animals, such as cattle, horses, sheep, swine, goats,
other hoofed animals, ostriches, emus, and rheas which are raised for private use or commercial purposes. BILL: CS/CS/SB 1084 Page 26
4-H Participation in School
Present Situation
Public School Attendance Policies
Florida law directs district school boards to establish attendance policies defining excused or
unexcused absences or tardiness.
122
Specific criteria for determining whether an absence or
tardiness is excused or unexcused are determined by the district school board.
123
The parent of a
student who is absent from school must justify the absence, and the absence is evaluated based
on the school board’s attendance policies.
124
However, a parent is not responsible for the
student’s nonattendance at school if:
The absence was with permission of the head of the school;
The absence was without the parent’s knowledge, consent, or connivance, in which case the
student must be dealt with as a dependent child;
The parent is financially unable to provide necessary clothes; or
On account of sickness, injury, or other insurmountable conditions.
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4-H Participation in School
4-H is the nation’s largest youth development organization. Over 230,000 members in the State
of Florida help to make up the community of more than 6.5 million young people across
America. 4-H is a non-formal, practical educational program for youth. Florida 4-H is the youth
development program of Florida Cooperative Extension, a part of the University of Florida
IFAS.
126
4-H is open to all youth, ages five through 18, determined as of September 1 of the current 4-H
program year and open to all counties in the State of Florida. 4-H serves youth from all
backgrounds and interests. It reaches both boys and girls through 4-H clubs, special interest
groups and short term projects, school-age childcare, individual and family learning and
mentoring, camping, and school enrichment. There are three primary program areas, or mission
mandates; science, citizenship, and healthy living.
127
Future Farmers of America
The Future Farmers of America (FFA) is a youth leadership organization that helps young people
develop their potential for leadership, personal growth, and career success through agriculture
education. FFA is not just for students who want to be productive farmers. FFA welcomes
members who aspire to careers as teachers, doctors, scientists, business owners and more.
128
122
Section 1003.24, F.S.
123
Id.
124
Section 1003.26, F.S.
125
Section 1003.24, F.S.
126
Florida 4-H, What is 4-H?, https://florida4h.ifas.ufl.edu/about-us/ (last visited January 17, 2024).
127
Id.
128
What is FFA?, https://www.ffa.org/about-us/what-is-ffa (last visited January 28, 2024). BILL: CS/CS/SB 1084 Page 27
Effect of Proposed Changes
Section 40 amends s. 1003.24, F.S., to provide that a student’s participation in a 4-H or FFA
activity is an excused absence from school. A 4-H or FFA representative must provide
documentation as proof of a student’s participation in a 4-H or FFA activity upon request by a
school principal or the principal’s designee. The 4-H representative must be officially recognized
or designated by the Florida Cooperative Extension Service 4-H Program as a 4-H professional
or a 4-H adult volunteer.
Section 51 provides that this bill shall take effect July 1, 2024.
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:
Article VII, s. 19 of the Florida Constitution requires the authorization of a state tax or
fee be contained in a separate bill that contains no other subject and be approved by 2/3
of the membership of each house of the Legislature. These provisions do not apply to any
tax or fee authorized to be imposed by a county. This bill authorizes county tax collectors
approved by the department to collect certain fees for processing applications.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The bill authorizes a county tax collector approved by the Department of Agriculture and
Consumer Services (department) to accept certain new, renewal, and replacement license
applications, and to collect fees associated with such services. The appointed county tax
collector may collect and retain the following fees associated with an application for a
license under ch. 493, F.S.: a convenience fee of $22 for each new application, $12 for
each renewal application, $12 for each replacement license, $9 for fingerprinting
services, and $9 for photographing services. Additionally, the appointed county tax
collector may collect and retain the following fees associated with an application for a BILL: CS/CS/SB 1084 Page 28
concealed weapon or firearm license: $12 for each replacement license, $9 for
fingerprinting services, and $9 for photographing services.
B. Private Sector Impact:
None.
C. Government Sector Impact:
A county tax collector that elects to seek appointment under ss. 493.6127, F.S., or
790.0625, F.S., to accept new, renewal, and replacement license applications on behalf of
the department may collect fees associated with such activities. These fees should cover
the cost of the tax collector to provide such services. License fees collected will be
remitted to the department by the tax collector and deposited into the Division of
Licensing Trust Fund.
The bill creates new third degree felonies for illegal activities relating to saw palmetto
berries and trespass on agricultural property. This may have a positive indeterminate
prison bed impact (an unquantifiable increase in prison beds) on the Department of
Corrections.
Overall, the bill has an indeterminate, yet insignificant impact to the Department of
Agriculture and Consumer Services. It is unknown how many administrative and
enforcement actions the department will realize due to the changes in the bill. Any
additional responsibilities required by the bill will be absorbed within existing resources.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 366.94, 379.3004,
482.111, 482.151, 482.155, 482.156, 482.157, 482.161, 482.191, 482.226, 487.031, 487.175,
493.6113, 496.404, 496.405, 496.406, 496.407, 496.409, 496.410, 496.4101, 496.411, 496.4121,
496.425, 500.03, 507.07, 559.904, 559.905, 570.07, 570.69, 570.691, 570.692, 581.217, 585.01,
790.0625, 810.011, 810.09, 812.014, 921.0022, and 1003.24.
This bill creates the following sections of the Florida Statutes: 493.6127, 500.452, and 581.189.
This bill re-enacts the following sections of the Florida Statutes: 468.382, 493.6115, 496.4055,
534.47, 559.907, 767.01, and 767.03.
This bill repeals section 531.67 of the Florida Statutes. BILL: CS/CS/SB 1084 Page 29
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Fiscal Committee on February 22, 2024:
The committee substitute:
Eliminates the requirement for the name and street address of each institution
where banking or similar monetary transactions are done by the charitable
organization or sponsor on registration statements.
Revises the definition of “hemp extract” to mean hemp containing more than trace
amounts of a cannabinoid which is intended for ingestion or for inhalation but
which does not contain controlled substances.
Revises the prohibition related to cultivated meat to specify it is unlawful to
manufacture cultivated meat for sale and provides it is a violation to knowingly
violate this section.
CS by Appropriations Committee on Agriculture, Environment, and General
Government on February 8, 2024:
The committee substitute:
Amends the contribution-based registration fee thresholds to remove an option related
to contributions raised by non-compensated volunteers, members, officers or
permanent employees under $50,000 in the previous fiscal year.
Amends the exemption threshold to refer to total contributions instead of total
revenue. The bill also revises the information charitable organizations and sponsors
must provide to the department when claiming certain exemptions to include street
addresses.
Increases the department’s statutorily authorized threshold to repair or build
structures from $250,000 to $500,000.
Provides technical changes.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.