Florida Senate - 2025 CS for SB 700 By the Committee on Agriculture; and Senator Truenow 575-02298-25 2025700c1 1 A bill to be entitled 2 An act relating to the Department of Agriculture and 3 Consumer Services; amending s. 110.205, F.S.; 4 providing that certain positions in the department are 5 exempt from the Career Service System; amending s. 6 163.3162, F.S.; defining terms; prohibiting 7 governmental entities from adopting or enforcing any 8 legislation that inhibits the construction of housing 9 for legally verified agricultural workers on 10 agricultural land operated as a bona fide farm; 11 requiring that the construction or installation of 12 such housing units on agricultural lands satisfies 13 certain criteria; requiring that local ordinances 14 comply with certain regulations; authorizing 15 governmental entities to adopt local land use 16 regulations that are less restrictive; requiring 17 property owners to maintain certain records for a 18 specified timeframe; requiring that use of a housing 19 site be discontinued and authorizing the removal of a 20 such site under certain circumstances; specifying 21 applicability of permit allocation systems in certain 22 areas of critical state concern; authorizing the 23 continued use of housing sites constructed before the 24 effective date of the act if certain conditions are 25 met; requiring the department to adopt certain rules; 26 providing for enforcement; requiring the department to 27 submit certain information to the State Board of 28 Immigration Enforcement on a certain schedule; 29 amending s. 201.25, F.S.; conforming a provision to 30 changes made by the act; amending s. 253.0341, F.S.; 31 authorizing the department to surplus certain lands 32 determined to be suitable for bona fide agricultural 33 production; requiring the department to consult with 34 the Department of Environmental Protection before 35 making such determination; requiring the Department of 36 Agriculture and Consumer Services to retain a rural 37 lands-protection easement for all surplused lands and 38 deposit all proceeds into a specified trust fund; 39 requiring the department to provide a report of lands 40 surplused to the board of trustees; providing that 41 certain lands are ineligible to be surplused; 42 providing for retroactive applicability; amending s. 43 330.41, F.S.; defining terms; prohibiting a person 44 from knowingly or willfully performing certain actions 45 on lands classified as agricultural; providing 46 criminal penalties; providing applicability; 47 prohibiting a person from knowingly or willfully 48 performing certain actions on private property, state 49 wildlife management lands, or a sport shooting and 50 training range; providing criminal penalties; 51 providing applicability; creating s. 366.20, F.S.; 52 requiring that certain lands acquired or owned by an 53 electric utility be offered for fee simple acquisition 54 by the department before the land may be offered for 55 sale or transfer to a private individual or entity; 56 providing retroactive applicability; amending s. 57 366.94, F.S.; defining the term electric vehicle 58 charging station; authorizing the department to adopt 59 rules; requiring local governmental entities to issue 60 permits for electric vehicle charging stations based 61 on specified standards and provisions of law; 62 requiring that an electric vehicle charger be 63 registered with the department before being placed 64 into service for use by the public; providing the 65 department with certain authority relating to electric 66 vehicle charging stations; providing a penalty; 67 authorizing the department to issue an immediate final 68 order to an electric vehicle charging station under 69 certain circumstances; providing that the department 70 may bring an action to enjoin a violation of specified 71 provisions or rules; requiring the court to issue a 72 temporary or permanent injunction under certain 73 circumstances; amending s. 388.011, F.S.; revising the 74 definition of the terms board of commissioners and 75 district; defining the term program; amending s. 76 388.021, F.S.; making a technical change; amending s. 77 388.181, F.S.; authorizing programs to perform 78 specified actions; amending s. 388.201, F.S.; 79 conforming provisions to changes made by the act; 80 requiring that the tentative work plan budget covering 81 the proposed operations and requirements for arthropod 82 control measures show the estimated amount to be 83 raised by county, municipality, or district taxes; 84 requiring that county commissioners or a similar 85 governing bodys mosquito control budget be made and 86 adopted pursuant to specified provisions and requiring 87 that summary figures be incorporated into the county 88 budgets as prescribed by the department; amending s. 89 388.241, F.S.; providing that certain rights, powers, 90 and duties be vested in the board of county 91 commissioners or similar governing body of a county, 92 city, or town; amending s. 388.261, F.S.; increasing 93 the amount of state funds, supplies, services, or 94 equipment for a certain number of years for any new 95 program for the control of mosquitos and other 96 arthropods which serves an area not previously served 97 by a county, municipality, or district; conforming a 98 provision to changes made by the act; amending s. 99 388.271, F.S.; requiring each program participating in 100 arthropod control activities to file a tentative 101 integrated arthropod management plan with the 102 department by a specified date; conforming provisions 103 to changes made by the act; amending s. 388.281, F.S.; 104 requiring that all funds, supplies, and services 105 released to programs be used in accordance with the 106 integrated arthropod management plan and certified 107 budget; requiring that such integrated arthropod 108 management plan and certified budget be approved by 109 both the department and the board of county 110 commissioners and an appropriate representative; 111 conforming provisions to changes made by the act; 112 amending s. 388.291, F.S.; providing that a program 113 may perform certain source reduction measures in any 114 area providing that the department has approved the 115 operating or construction plan as outlined in the 116 integrated arthropod management plan; conforming 117 provisions to changes made by the act; amending s. 118 388.301, F.S.; revising the schedule by which state 119 funds for the control of mosquitos and other 120 arthropods may be paid; conforming provisions to 121 changes made by the act; amending s. 388.311, F.S.; 122 conforming provisions to changes made by the act; 123 amending s. 388.321, F.S.; conforming provisions to 124 changes made by the act; amending s. 388.322, F.S.; 125 requiring the department to maintain a record and 126 inventory of certain property purchased with state 127 funds for arthropod control use; conforming provisions 128 to changes made by the act; amending s. 388.323, F.S.; 129 providing that certain equipment no longer needed by a 130 program be first offered for sale to other programs 131 engaged in arthropod control at a specified price; 132 requiring that all proceeds from the sale of certain 133 property owned by a program and purchased using state 134 funds be deposited in the programs state fund 135 account; conforming provisions to changes made by the 136 act; amending s. 388.341, F.S.; requiring a program 137 receiving state aid to submit a monthly report of all 138 expenditures from all funds for arthropod control by a 139 specified timeframe as may be required by the 140 department; conforming provisions to changes made by 141 the act; amending s. 388.351, F.S.; conforming 142 provisions to changes made by the act; amending s. 143 388.361, F.S.; conforming provisions to changes made 144 by the act; amending s. 388.3711, F.S.; revising the 145 departments enforcement powers; amending s. 388.381, 146 F.S.; conforming provisions to changes made by the 147 act; amending s. 388.391, F.S.; conforming provisions 148 to changes made by the act; amending s. 388.401, F.S.; 149 conforming provisions to changes made by the act; 150 amending s. 388.46, F.S.; revising the composition of 151 the Florida Coordinating Council on Mosquito Control; 152 amending s. 403.067, F.S.; providing an exception for 153 inspection requirements for certain agricultural 154 producers; authorizing the department to adopt rules 155 establishing an enrollment in best management 156 practices by rule process; authorizing the department 157 to identify best management practices for specified 158 landowners; requiring the department to perform onsite 159 inspections annually of a certain percentage of all 160 enrollments that meet specified qualifications within 161 a specified area; providing requirements for such 162 inspections; requiring agricultural producers enrolled 163 by rule in a best management practice to submit 164 nutrient records annually to the department; requiring 165 the department to collect and retain such records; 166 amending s. 403.852, F.S.; defining the term water 167 quality additive; amending s. 403.859, F.S.; 168 providing that the use of certain additives in a water 169 system which do not meet the definition of water 170 quality additive or certain other additives is 171 prohibited and violates specified provisions; amending 172 s. 482.111, F.S.; revising requirements for the 173 renewal of a pest control operators certificate; 174 authorizing a third-party vendor to collect and retain 175 a convenience fee; amending s. 482.141, F.S.; 176 requiring the department to provide in-person and 177 remote testing for the examination through a third 178 party vendor for an individual seeking pest control 179 operator certification; authorizing a third-party 180 vendor to collect and retain a convenience fee; 181 amending s. 482.155, F.S.; requiring the department to 182 provide in-person and remote testing for the 183 examination through a third-party vendor for an 184 individual seeking limited certification for a 185 governmental pesticide applicator or a private 186 applicator; authorizing a third-party vendor to 187 collect and retain a convenience fee; deleting 188 provisions requiring the department to make such 189 examination readily accessible and available to all 190 applicants on a specified schedule; amending s. 191 482.156, F.S.; requiring the department to provide in 192 person and remote testing for the examination through 193 a third-party vendor for an individual seeking a 194 limited certification for commercial landscape 195 maintenance; authorizing a third-party vendor to 196 collect and retain a convenience fee; deleting 197 provisions requiring the department to make such 198 examination readily accessible and available to all 199 applicants on a specified schedule; amending s. 200 482.157, F.S.; revising requirements for issuance of a 201 limited certification for commercial wildlife 202 management personnel; authorizing a third-party vendor 203 to collect and retain a convenience fee; deleting 204 provisions requiring the department to make an 205 examination readily accessible and available to all 206 applicants on a specified schedule; amending s. 207 482.161, F.S.; authorizing the department to take 208 specified disciplinary action upon the issuance of a 209 final order imposing civil penalties or a criminal 210 conviction pursuant to the Federal Insecticide, 211 Fungicide, and Rodenticide Act; amending s. 487.044, 212 F.S.; requiring the department to provide in-person 213 and remote testing through a third-party vendor for 214 the examination of an individual seeking a limited 215 certification for pesticide application; authorizing a 216 third-party vendor to collect and retain a convenience 217 fee; amending s. 487.175, F.S.; providing that the 218 department may suspend, revoke, or deny licensure of a 219 pesticide applicator upon issuance of a final order to 220 a licensee which imposes civil penalties or a criminal 221 conviction under the Federal Insecticide, Fungicide, 222 and Rodenticide Act; amending s. 496.404, F.S.; 223 defining the terms foreign country of concern and 224 foreign source of concern; amending s. 496.405, 225 F.S.; revising which documents a charitable 226 organization or sponsor must file before engaging in 227 specified activities; requiring that any changes to 228 such documents be reported to the department on a 229 specified form in a specified timeframe; revising the 230 requirements of the charitable organizations initial 231 registration statement; authorizing the department to 232 investigate or refer to the Florida Elections 233 Commission certain violations of the charitable 234 organization or sponsor; amending s. 496.415, F.S.; 235 prohibiting specified persons from soliciting or 236 accepting anything of value from a foreign source of 237 concern; amending s. 496.417, F.S.; authorizing the 238 department to investigate or refer to the Florida 239 Elections Commission certain violations of a 240 charitable organization or sponsor; amending s. 241 496.419, F.S.; providing penalties for a charitable 242 organization or sponsor whose registration is denied 243 or revoked for submitting a false attestation; 244 creating s. 496.431, F.S.; requiring the department to 245 create the Honest Service Registry to provide 246 residents with information relating to charitable 247 organizations; requiring a charitable organization 248 included in the Honest Services Registry to submit an 249 attestation statement to the department; requiring the 250 department to publish the Honest Services Registry on 251 the departments website; requiring the department to 252 adopt rules; amending s. 500.03, F.S.; revising the 253 definition of the term cottage food product; 254 amending s. 500.12, F.S.; providing that the 255 department requires a food permit from any person or 256 business that operates a food establishment; revising 257 exceptions; revising the schedule for renewing certain 258 food permits; authorizing the department to establish 259 a single permit renewal date for certain food 260 establishments; amending s. 500.166, F.S.; requiring 261 certain persons engaged in interstate commerce to 262 retain all records that show certain information for a 263 specified timeframe; amending s. 500.172, F.S.; 264 authorizing the department to facilitate the 265 destruction of certain articles that violate specified 266 provisions; prohibiting certain persons from certain 267 actions without permission from, or in accord with a 268 written agreement with, the department; creating s. 269 500.75, F.S.; providing that it is unlawful to import, 270 sell, offer for sale, furnish, or give away certain 271 spores or mycelium; providing a penalty for 272 violations; creating s. 500.93, F.S.; defining terms; 273 requiring the department to adopt rules to enforce the 274 Food and Drug Administrations standard of identity 275 for milk, meat, poultry, and poultry products, and 276 eggs and egg products to prohibit the sale of plant 277 based products mislabeled as milk, meat, poultry, or 278 poultry products, or egg or egg products; providing 279 contingent effective dates; requiring the department 280 to adopt rules; providing construction; repealing s. 281 501.135, F.S., relating to consumer unit pricing; 282 amending s. 501.912, F.S.; revising the definition of 283 the term antifreeze; creating s. 525.19, F.S.; 284 requiring the department to create an annual petroleum 285 registration program for petroleum owners or 286 operators; requiring the department to adopt rules for 287 such registration which include specified information; 288 requiring that the registration program be free for 289 all registrants; authorizing the department to require 290 registrants to provide certain information during a 291 state of emergency; creating s. 526.147, F.S.; 292 creating the Florida Retail Fuel Transfer Switch 293 Modernization Grant Program within the department; 294 requiring the grant program to provide funds up to a 295 certain amount to be used for installation and 296 equipment costs related to installing or modernizing 297 transfer switch infrastructure at retail fuel 298 facilities; requiring the department to award funds 299 based on specified criteria; requiring retail fuel 300 facilities awarded grant funds to comply with 301 specified provisions; requiring such facilities to 302 install a transfer switch with specified capabilities; 303 requiring retail fuel facilities to provide specified 304 documentation before being awarded funding; 305 prohibiting certain facilities from being awarded 306 funding; requiring the department, in consultation 307 with the Division of Emergency Management, to adopt 308 rules; requiring that such rules include specified 309 information; amending s. 531.48, F.S.; requiring that 310 certain packages bear specified information on the 311 outside of the package; amending s. 531.49, F.S.; 312 revising requirements for the advertising of a 313 packaged commodity; amending s. 570.07, F.S.; 314 requiring the department to foster and encourage the 315 employment and retention of qualified veterinary 316 pathologists; providing that the department may 317 reimburse the educational expenses of certain 318 veterinary pathologists who enter into a certain 319 agreement with the department; requiring the 320 department to adopt certain rules; requiring the 321 department to extend certain opportunities to public 322 school students enrolled in agricultural education to 323 support Future Farmers of America programming; 324 requiring the department to use contracts procured by 325 agencies; defining the term agency; amending s. 326 570.544, F.S.; revising which provisions the director 327 of the Division of Consumer Services must enforce; 328 creating s. 570.546, F.S.; authorizing the department 329 to create a process for the bulk renewal of licenses; 330 authorizing the department to create a process that 331 will allow licensees to align the expiration dates of 332 licenses within a specified program; authorizing the 333 department to change the expiration date for current 334 licenses for a certain purpose; requiring the 335 department to prorate the licensing fee for certain 336 licenses; requiring the department to adopt rules; 337 amending s. 570.694, F.S.; creating the Florida 338 Aquaculture Foundation as a direct support 339 organization within the department; providing the 340 purpose of the foundation; providing governance for 341 the foundation; authorizing the department to appoint 342 an advisory committee adjunct to the foundation; 343 amending s. 570.822, F.S.; revising the definition of 344 the terms declared natural disaster and program; 345 providing that loan funds from the department may be 346 used to restock aquaculture; authorizing the 347 department to renew a loan application under certain 348 circumstances; authorizing the department to defer or 349 waive loan payments under certain circumstances; 350 conforming provisions to changes made by the act; 351 creating s. 570.823, F.S.; defining terms; 352 establishing the silviculture emergency recovery 353 program within the department to administer a grant 354 program to assist certain timber landowners; requiring 355 that such grants be used for certain purposes; 356 requiring that only timber lands located on 357 agricultural property are eligible for the program; 358 requiring the department to coordinate with state 359 agencies to provide financial assistance to timber 360 landowners after a specified declared emergency; 361 providing construction; authorizing the department to 362 adopt rules to implement this section; providing 363 construction; amending s. 581.1843, F.S.; deleting 364 provisions that exclude certain citrus nurseries from 365 certain requirements; deleting provisions relating to 366 regulated areas around the perimeter of commercial 367 citrus nurseries; repealing ss. 593.101, 593.102, 368 593.103, 593.104, 593.105, 593.106, 593.107, 593.108, 369 593.109, 593.11, 593.111, 593.112, 593.113, 593.114, 370 593.1141, 593.1142, 593.115, 593.116, and 593.117, 371 F.S., relating to the Florida Boll Weevil Eradication 372 Law; definitions; powers and duties of Department of 373 Agriculture and Consumer Services; the entry of 374 premises to carry out boll weevil eradication 375 activities and inspections; reports by persons growing 376 cotton; quarantine areas and the regulation of 377 articles within a boll weevil eradication zone; the 378 regulation of collection, transportation, 379 distribution, and movement of cotton; cooperative 380 programs for persons engaged in growing, processing, 381 marketing, or handling cotton; the departments 382 authority to designate eradication zones, prohibit 383 planting of cotton, and require participation in 384 eradication program; regulation of the pasturage of 385 livestock, entry by persons, and location of honeybee 386 colonies in eradication zones and other areas; 387 eligibility for certification of cotton growers 388 organization; the certification of cotton growers 389 organization; a referendum; an assessment; the 390 departments authority to enter agreements with the 391 Farm Service Agency; liens; mandamus or injunction; 392 penalty for violation; and the handling of moneys 393 received, respectively; amending s. 595.404, F.S.; 394 revising the departments powers and duties regarding 395 school nutrition programs; amending s. 599.002, F.S.; 396 renaming the Viticulture Advisory Council as the 397 Florida Wine Advisory Council; revising the membership 398 of the Florida Wine Advisory Council; conforming 399 provisions to changes made by the act; amending s. 400 599.003, F.S.; renaming the State Viticulture Plan as 401 the State Wine Plan; conforming provisions to changes 402 made by the act; amending s. 599.004, F.S.; making 403 technical changes; providing that wineries that fail 404 to recertify annually or pay a specified licensing fee 405 are subject to certain actions and costs; conforming 406 provisions to changes made by the act; amending s. 407 599.012, F.S.; conforming provisions to changes made 408 by the act; amending s. 616.12, F.S.; deleting 409 provisions requiring a person who operates a minstrel 410 show in connection with any certain public fairs to 411 pay specified license taxes; deleting a provision that 412 exempts such person from paying specified taxes; 413 creating s. 687.16, F.S.; providing a short title; 414 defining terms; prohibiting a financial institution 415 from discriminating in the provision of financial 416 services to an agricultural producer based on an ESG 417 factor; providing an inference with regard to a 418 certain violation; providing that the financial 419 institution may overcome the inference by making 420 certain demonstrations regarding its denial or 421 restriction of financial services to an agricultural 422 producer; authorizing the Attorney General to enforce 423 specified provisions; providing that a violation of 424 specified provisions constitutes an unfair and 425 deceptive trade practice; authorizing the Attorney 426 General to investigate and seek remedies for such 427 unfair trade practices; authorizing an aggrieved party 428 to seek an action for damages; amending s. 741.0305, 429 F.S.; conforming a cross-reference; amending s. 430 790.06, F.S.; revising the circumstances under which 431 the department may temporarily suspend a persons 432 license to carry a concealed weapon or concealed 433 firearm or the processing of an application for such 434 license; requiring the department to notify certain 435 licensees or applicants of his or her right to a 436 hearing; requiring that the hearing regarding such 437 suspension of license be for a limited purpose; 438 requiring the department to issue an order lifting the 439 suspension of an applicants license upon a certain 440 disposition of the criminal case; requiring that the 441 suspension remain in effect upon a certain disposition 442 of the criminal case; providing construction; 443 providing legislative findings; revising the duties of 444 the department after the date of receipt of a 445 completed application for a license to carry a 446 concealed weapon or concealed firearm; requiring that 447 a license issued under this section be temporarily 448 suspended or revoked if the license was issued in 449 error or if the licensee commits certain actions; 450 amending s. 812.0151, F.S.; revising the elements of 451 third degree and second degree felony retail fuel 452 theft; creating s. 812.136, F.S.; defining terms; 453 providing elements for the crime of mail theft; 454 providing elements of theft of or unauthorized 455 reproduction of a mail depository key or lock; 456 providing criminal penalties; amending s. 934.50, 457 F.S.; deleting certain exceptions from the prohibited 458 uses of drones; creating s. 1013.373, F.S.; 459 prohibiting a local government from adopting any 460 measure to limit the activities of public educational 461 facilities or auxiliary facilities constructed by 462 certain organizations; requiring that lands used for 463 agricultural education or for the Future Farmers of 464 America or 4-H activities be considered agricultural 465 lands; reenacting s. 295.07(5)(a), F.S., relating to 466 preference in appointment and retention, to 467 incorporate the amendment made to s. 110.205, F.S., in 468 a reference thereto; reenacting ss. 125.01(1)(r), 469 163.3162(3)(a) through (d), 163.3163(3)(c), 470 163.3164(4), 163.3194(5), 170.01(4), 193.052(2), 471 193.4615, 212.08(5)(a) and (19)(a), 373.406(2), 472 403.182(11)(a), 403.9337(4), 472.029(2)(d), 473 474.2021(5), 474.2165(4)(d), 487.081(6), 570.85(1), 474 570.87(1), 570.94(3), 582.19(1)(a), 586.055, 475 604.50(2)(a) and (d), 604.73(3)(b), 692.201(1), 476 741.30(5)(a) and (6)(a), 810.011(5)(a), and 823.14(6), 477 F.S., relating to powers and duties; agricultural 478 lands and practices; applications for development 479 permits; community planning act; legal status of 480 comprehensive plan; authority for providing 481 improvements and levying and collecting special 482 assessments against property benefited; preparation 483 and serving of returns; assessment of obsolete 484 agricultural equipment; storage tax; exemptions; local 485 pollution control programs; the Model Ordinance for 486 Florida-Friendly Fertilizer Use on Urban Landscapes; 487 authorization to enter lands of third parties; 488 veterinary telehealth; ownership and control of 489 veterinary medical patient records; exemptions; 490 agritourism; agritourism participation impact on land 491 classification; best management practices for 492 wildlife; qualifications and tenure of supervisors; 493 location of apiaries; nonresidential farm buildings; 494 urban agriculture pilot projects; definitions; 495 domestic violence; definitions; and the Florida Right 496 to Farm Act, respectively, to incorporate the 497 amendment made to s. 193.461, F.S., in references 498 thereto; reenacting ss. 189.062(1)(a) and 388.261(7), 499 F.S., relating to special procedures for inactive 500 districts and state aid to counties and districts for 501 arthropod control, respectively, to incorporate the 502 amendment made to s. 388.271, F.S., in references 503 thereto; reenacting ss. 482.072(3)(b) and 482.163, 504 F.S., relating to pest control customer contact 505 centers and responsibility for pest control activities 506 of employee, respectively, to incorporate the 507 amendment made to s. 482.161, F.S., in references 508 thereto; reenacting s. 487.156, F.S., relating to 509 governmental agencies, to incorporate the amendment 510 made to s. 487.044, F.S., in a reference thereto; 511 reenacting ss. 496.4055(2) and 496.406(2) and (4), 512 F.S., relating to charitable organization or sponsor 513 board duties and exemption from registration, 514 respectively, to incorporate the amendment made to s. 515 496.405, F.S., in references thereto; reenacting s. 516 500.80(1)(a), F.S., relating to cottage food 517 operations, to incorporate the amendment made to s. 518 500.12, F.S., in a reference thereto; reenacting s. 519 500.121(6), F.S., relating to disciplinary procedures, 520 to incorporate the amendment made to s. 500.172, F.S., 521 in a reference thereto; reenacting s. 790.061, F.S., 522 relating to judges and justices, to incorporate the 523 amendment made to s. 790.06, F.S., in a reference 524 thereto; providing an effective date. 525 526 Be It Enacted by the Legislature of the State of Florida: 527 528 Section 1.Paragraph (m) of subsection (2) of section 529 110.205, Florida Statutes, is amended to read: 530 110.205Career service; exemptions. 531 (2)EXEMPT POSITIONS.The exempt positions that are not 532 covered by this part include the following: 533 (m)All assistant division director, deputy division 534 director, and bureau chief positions in any department, and 535 those positions determined by the department to have managerial 536 responsibilities comparable to such positions, which include, 537 but are not limited to: 538 1.Positions in The Department of Health and the Department 539 of Children and Families which are assigned primary duties of 540 serving as the superintendent or assistant superintendent of an 541 institution. 542 2.Positions in The Department of Corrections which are 543 assigned primary duties of serving as the warden, assistant 544 warden, colonel, or major of an institution or that are assigned 545 primary duties of serving as the circuit administrator or deputy 546 circuit administrator. 547 3.Positions in The Department of Transportation which are 548 assigned primary duties of serving as regional toll managers and 549 managers of offices, as specified in s. 20.23(3)(b) and (4)(c). 550 4.Positions in The Department of Environmental Protection 551 which are assigned the duty of an Environmental Administrator or 552 program administrator. 553 5.Positions in The Department of Health which are assigned 554 the duties of Environmental Administrator, Assistant County 555 Health Department Director, and County Health Department 556 Financial Administrator. 557 6.Positions in The Department of Highway Safety and Motor 558 Vehicles which are assigned primary duties of serving as 559 captains in the Florida Highway Patrol. 560 7.Positions in the Department of Agriculture and Consumer 561 Services which are assigned primary duties of serving as 562 captains or majors in the Office of Agricultural Law 563 Enforcement. 564 565 Unless otherwise fixed by law, the department shall set the 566 salary and benefits of the positions listed in this paragraph in 567 accordance with the rules established for the Selected Exempt 568 Service. 569 Section 2.Present paragraphs (a) through (d) of subsection 570 (2) of section 163.3162, Florida Statutes, are redesignated as 571 paragraphs (b) through (e), respectively, new paragraph (a) and 572 paragraphs (f) and (g) are added to that subsection, and 573 subsections (5), (6), and (7) are added to that section, to 574 read: 575 163.3162Agricultural Lands and Practices. 576 (2)DEFINITIONS.As used in this section, the term: 577 (a)Department means the Department of Agriculture and 578 Consumer Services. 579 (f)Housing site means the totality of development 580 supporting authorized housing, including buildings, mobile 581 homes, barracks, dormitories used as living quarters, parking 582 areas, common areas such as athletic fields or playgrounds, 583 storage structures, and other related structures. 584 (g)Legally verified agricultural worker means a person 585 who: 586 1.Is lawfully present in the United States; 587 2.Meets the definition of eligible worker pursuant to 29 588 C.F.R. s. 502.10; 589 3.Has been verified through the process provided in s. 590 448.095(2) and is authorized to work at the time of employment; 591 4.Is seasonally or annually employed in bona fide 592 agricultural production; 593 5.Remains lawfully present and authorized to work 594 throughout the duration of that employment; and 595 6.Is not an unauthorized alien as defined in s. 596 448.095(1). 597 (5)HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS. 598 (a)A governmental entity may not adopt or enforce any 599 legislation, regulation, or ordinance to inhibit the 600 construction or installation of housing for legally verified 601 agricultural workers on land classified as agricultural land 602 pursuant to s. 193.461 which is operated as a bona fide farm 603 except as provided in this subsection. 604 (b)Construction or installation of housing units for 605 legally verified agricultural workers on parcels of land 606 classified as agricultural land under s. 193.461 must satisfy 607 all of the following criteria: 608 1.The dwelling units must meet federal, state, and local 609 building standards, including standards of the Department of 610 Health adopted pursuant to ss. 381.008-381.00897 and federal 611 standards for H-2A visa housing. If written notice of intent is 612 required to be submitted to the Department of Health pursuant to 613 s. 381.0083, the appropriate governmental entity with 614 jurisdiction over the agricultural lands may also require 615 submittal of a copy of the written notice. 616 2.The housing site must be maintained in a neat, orderly, 617 and safe manner. 618 3.All structures containing dwelling units must be located 619 a minimum of 10 feet apart. 620 4.The square footage of the housing sites climate 621 controlled facilities may not exceed 1.5 percent of the 622 propertys area or 35,000 square feet, whichever is less. 623 5.A housing site must provide front, side, and rear yard 624 setbacks of at least 50 feet. However, an internal project 625 driveway may be located in the required yard space if the yard 626 is adjacent to a public roadway or to property that is under 627 common ownership with the housing site. 628 6.A housing site must be located at least 100 feet from a 629 property line adjacent to property zoned for residential use. If 630 the housing site is located less than 250 feet from any property 631 line, screening must be provided between the housing site and 632 any residentially developed adjacent parcels that are under 633 different ownership. The screening may be designed in any of the 634 following ways: 635 a.Evergreen plants that, at the time of planting, are at 636 least 6 feet in height and provide an overall screening opacity 637 of 75 percent; 638 b.A masonry wall at least 6 feet in height and finished on 639 all sides with brick, stone, or painted or pigmented stucco; 640 c.A solid wood or PVC fence at least 6 feet in height with 641 the finished side of the fence facing out; 642 d.A row of evergreen shade trees that, at the time of 643 planting, are at least 10 feet in height, a minimum of 2-inch 644 caliper, and spaced no more than 20 feet apart; or 645 e.A berm made with a combination of the materials listed 646 in sub-subparagraphs a.-d., which is at least 6 feet in height 647 and provides an overall screening capacity of 75 percent at the 648 time of installation. 649 7.All access driveways that serve the housing site must be 650 made of packed shell, gravel, or a similar material that will 651 provide a relatively dust-free surface. 652 (c)Any local ordinance adopted pursuant to this subsection 653 must comply with all state and federal regulations for migrant 654 farmworker housing, as applicable, including rules adopted by 655 the Department of Health pursuant to ss. 381.008381.00897 and 656 federal regulations under the Migrant and Seasonal Agricultural 657 Worker Protection Act or the H-2A visa program. A governmental 658 entity may adopt local government land use regulations that are 659 less restrictive than this subsection, but which still meet 660 regulations established by the Department of Health pursuant to 661 ss. 381.008381.00897 and federal regulations under the Migrant 662 and Seasonal Agricultural Worker Protection Act or the H-2A visa 663 program. An ordinance adopted pursuant to this paragraph may not 664 conflict with the definition and requirements of a legally 665 verified agricultural worker. 666 (d)Beginning July 1, 2025, a property owner must maintain 667 records of all approved permits, including successor permits, 668 for migrant labor camps or residential migrant housing as 669 required under s. 381.0081. A property owner must maintain such 670 records for at least 3 years and make the records available for 671 inspection within 14 days after receipt of a request for records 672 by a governmental entity. 673 (e)A housing site may not continue to be used and may be 674 required to be removed under the following circumstances: 675 1.If, for any reason, a housing site is not being used for 676 legally verified agricultural workers for longer than 365 days, 677 any structure used as living quarters must be removed from the 678 housing site within 180 days after receipt of written 679 notification from the county unless the property owner can 680 demonstrate that use of the site for housing legally verified 681 agricultural workers will occur within 90 days after the written 682 notification. 683 2.If the property on which the housing site is located 684 ceases to be classified as agricultural land pursuant to s. 685 193.461. 686 3.If the permit authorized by the Department of Health for 687 the housing site is revoked, all structures must be removed from 688 the housing site within 180 days after receipt of written 689 notification from the county unless the permit is reinstated by 690 the Department of Health. 691 4.If a housing site is found to be occupied by any person 692 who does not meet the definition of a legally verified 693 agricultural worker, or is otherwise unlawfully present in the 694 United States. A property owner who violates this subparagraph 695 is subject to a Class I fine pursuant to s. 570.971, not to 696 exceed $1,000, for the first violation, and a Class II fine, not 697 to exceed $5,000, for any subsequent violations. The fines shall 698 be collected by the clerk of the court of the county in which 699 the violation occurred. 700 (f)Notwithstanding this subsection, the construction or 701 installation of housing for legally verified agricultural 702 workers in the Florida Keys Area of Critical State Concern or 703 the City of Key West Area of Critical State Concern is subject 704 to the permit allocation systems of the Florida Keys Area of 705 Critical State Concern or City of Key West Area of Critical 706 State Concern, respectively. 707 (g)A housing site that was constructed and in use before 708 July 1, 2024, may continue to be used, and the property owner 709 may not be required by a governmental entity to make changes to 710 meet the requirements of this subsection, unless the housing 711 site will be enlarged, remodeled, renovated, or rehabilitated. 712 The property owner of a housing site authorized under this 713 paragraph must provide regular maintenance and repair, including 714 compliance with health and safety regulations and maintenance 715 standards, for such housing site to ensure the health, safety, 716 and habitability of the housing site. 717 (6)DATA COLLECTION.The Department shall adopt rules 718 providing for: 719 (a)A method for government entities to submit reports of 720 property owners who have a housing site for legally verified 721 agriculture workers on lands classified as agricultural land 722 pursuant to s. 193.461, as provided in this section. 723 (b)A method for persons to submit complaints for review 724 and investigation by the Department. 725 726 Government entities shall provide this information quarterly to 727 the department in a format and timeframe prescribed by rule. 728 (7)ENFORCEMENT. 729 (a)In addition to the enforcement methods of employment 730 verification outlined in s. 448.095, the Department shall 731 enforce the requirements of subsection (5). Enforcement includes 732 completing routine inspections based on a random sample of data 733 collected by government entities and submitted to the 734 Department, the investigation and review of complaints, and the 735 enforcement of violations. 736 (b)The Department shall submit the information collected 737 to the State Board of Immigration Enforcement on a quarterly 738 basis, except that the first quarter shall begin 60 days after 739 the first quarterly data report under subsection (6) by a 740 government entity is received and reviewed by the Department. 741 Section 3.Subsection (3) of section 201.25, Florida 742 Statutes, is amended to read: 743 201.25Tax exemptions for certain loans.There shall be 744 exempt from all taxes imposed by this chapter: 745 (3)Any loan made by the Agriculture and Aquaculture 746 Producers Emergency Natural Disaster Recovery Loan Program 747 pursuant to s. 570.822. 748 Section 4.Subsection (19) is added to section 253.0341, 749 Florida Statutes, to read: 750 253.0341Surplus of state-owned lands. 751 (19)Notwithstanding any other law or rule, the Department 752 of Agriculture and Consumer Services may surplus lands acquired 753 pursuant to s. 366.20 which are determined to be suitable for 754 bona fide agricultural production, as defined in s. 193.461. The 755 Department of Agriculture and Consumer Services shall consult 756 with the Department of Environmental Protection in the process 757 of making such determination. In the event that lands acquired 758 pursuant to s. 366.20, which are determined to be suitable for 759 bona fide agricultural production are surplused, the Department 760 of Agriculture and Consumer Services must retain a rural-lands 761 protection easements pursuant to s. 570.71(3), and all proceeds 762 must be deposited into the Incidental Trust Fund within the 763 Department of Agriculture and Consumer Services for less than 764 fee simple land acquisition pursuant to ss. 570.71 and 570.715. 765 By January 1, 2026, and each January 1 thereafter, the 766 Department of Agriculture and Consumer Services shall provide a 767 report of lands surplused pursuant to this subsection to the 768 board. 769 (a)Any lands designated as a state forest, state park, or 770 wildlife management area are ineligible to be surplused pursuant 771 to this subsection. 772 (b)This subsection is retroactive to January 1, 2009. 773 Section 5.Present paragraphs (a) through (d) and (e) of 774 subsection (2) and subsection (6) of section 330.41, Florida 775 Statutes, are redesignated as paragraphs (b) through (e) and (j) 776 of subsection (2) and subsection (8), respectively, new 777 paragraphs (a) and (f) and paragraphs (g), (h), and (i) are 778 added to subsection (2) and new subsection (6) and subsection 779 (7) are added to that section, and paragraph (d) of subsection 780 (4) of that section is amended, to read: 781 330.41Unmanned Aircraft Systems Act. 782 (2)DEFINITIONS.As used in this act, the term: 783 (a)Commercial property means real property other than 784 residential property. The term includes, but is not limited to, 785 a property zoned multifamily residential which is comprised of 786 five or more dwelling units, and real property used for 787 commercial, industrial, or agricultural purposes. 788 (f)Private property means any residential or commercial 789 property. 790 (g)Property owner means the owner or owners of record of 791 real property. The term includes real property held in trust for 792 the benefit of one or more individuals, in which case the 793 individual or individuals may be considered as the property 794 owner or owners, provided that the trustee provides written 795 consent. The term does not include persons renting, using, 796 living, or otherwise occupying real property. 797 (h)Residential property means real property zoned as 798 residential or multifamily residential and composed of four or 799 fewer dwelling units. 800 (i)Sport shooting and training range has the same 801 meaning as in s. 790.333(3)(h). 802 (4)PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES. 803 (d)This subsection and paragraph (2)(b) paragraph (2)(a) 804 shall sunset 60 days after the date that a process pursuant to 805 s. 2209 of the FAA Extension, Safety and Security Act of 2016 806 becomes effective. 807 (6)PROTECTION OF AGRICULTURAL LANDS. 808 (a)A person may not knowingly or willfully do any of the 809 following on lands classified as agricultural lands pursuant to 810 s. 193.461: 811 1.Allow a drone to make contact with any person or object 812 on the premises of or within the boundaries of such lands. 813 2.Allow a drone to come within a distance close enough to 814 such lands to interfere with or cause a disturbance to 815 agricultural production. 816 (b)A person who violates paragraph (a) commits a 817 misdemeanor of the second degree, punishable as provided in s. 818 775.082 or s. 775.083. A person who commits a second or 819 subsequent violation commits a misdemeanor of the first degree, 820 punishable as provided in s. 775.082 or s. 775.083. 821 (c)This subsection does not apply to actions identified in 822 paragraph (a) which are committed by: 823 1. The owner of the agricultural lands, or a person acting 824 under the prior written consent of the owner of the agricultural 825 lands. 826 2.A person or entity acting in compliance with the 827 provisions of s. 934.50. 828 (7)PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING 829 LANDS. 830 (a)A person may not knowingly or willfully allow a drone 831 to make contact with private property, state wildlife management 832 lands, or a sport shooting and training range or any person or 833 object on the premises of or within such property with the 834 intent to harass. 835 (b) A person who violates paragraph (a) commits a 836 misdemeanor of the second degree, punishable as provided in s. 837 775.082 or s. 775.083. A person who commits a second or 838 subsequent violation commits a misdemeanor of the first degree, 839 punishable as provided in s. 775.082 or s. 775.083. 840 (c) A person who violates paragraph (a) and records video 841 of the private property, state wildlife management lands, or 842 sport shooting and training range, including any person or 843 object on the premises of or within the private property, state 844 wildlife management lands, or sport shooting and training range, 845 commits a misdemeanor of the first degree, punishable as 846 provided in s. 775.082 or s. 775.083. A person who commits a 847 second or subsequent violation commits a felony of the third 848 degree, punishable as provided in s. 775.082, s. 775.083, or s. 849 775.084. 850 (d) This subsection does not apply to actions identified in 851 paragraph (a) which are committed by: 852 1. The property owner of the private property or sport 853 shooting and training range, or a person acting under the prior 854 written consent of the property owner. 855 2.A person or entity acting in compliance with the 856 provisions of s. 934.50. 857 Section 6.Section 366.20, Florida Statutes, is created to 858 read: 859 366.20Sale and management of lands owned by electric 860 utilities. 861 (1)Lands acquired by an electric utility as defined in s. 862 361.11(2) which have been classified as agricultural lands 863 pursuant to s. 193.461 at any time in the 5 years preceding the 864 acquisition of the land by the electric utility must be offered 865 for fee simple acquisition by the Department of Agriculture and 866 Consumer Services before offering for sale or transferring the 867 land to a private individual or entity. 868 (2)Lands owned by an electric utility as defined in s. 869 361.11(2) which were classified as agricultural lands pursuant 870 to s. 193.461 at any time in the 5 years preceding the date of 871 acquisition of the land by the electric utility must be offered 872 for fee simple acquisition by the Department of Agriculture and 873 Consumer Services before offering for sale or transferring the 874 land to a private individual or entity. 875 (3)This section is retroactive to January 1, 2009. 876 Section 7.Present subsections (3) and (4) of section 877 366.94, Florida Statutes, are redesignated as subsections (4) 878 and (5), respectively, a new subsection (3) is added to that 879 section, and subsection (2) of that section is amended, to read: 880 366.94Electric vehicle charging. 881 (2)(a)As used in this section, the term electric vehicle 882 charging station means the area in the immediate vicinity of 883 electric vehicle supply equipment and includes the electric 884 vehicle supply equipment, supporting equipment, and associated 885 parking spaces. The regulation of electric vehicle charging 886 stations is preempted to the state. 887 (b)(a)A local governmental entity may not enact or enforce 888 an ordinance or regulation related to electric vehicle charging 889 stations. 890 (3)(a)(b)The Department of Agriculture and Consumer 891 Services shall adopt rules to implement this subsection and to 892 provide requirements for electric vehicle charging stations to 893 allow for consistency for consumers and the industry. 894 (b)The department may adopt rules to protect the public 895 health, safety, and welfare and establish standards for the 896 placement, design, installation, maintenance, and operation of 897 electric vehicle charging stations. 898 (c)Local governmental entities shall issue permits for 899 electric vehicle charging stations based solely upon standards 900 established by department rule and other applicable provisions 901 of state law. The department shall prescribe by rule the time 902 period for approving or denying permit applications. 903 (d)Before a charger at an electric vehicle charging 904 station is placed into service for use by the public, the 905 charger must be registered with the department on a form 906 prescribed by department rule. 907 (e)The department shall have the authority to inspect 908 electric vehicle charging stations, conduct investigations, and 909 enforce this subsection and any rules adopted thereto. The 910 department may impose one or more of the following penalties 911 against a person who violates this subsection or any rule 912 adopted under this subsection: 913 1.Issuance of a warning letter. 914 2.Imposition of an administrative fine in the Class II 915 category pursuant to s. 570.971 for each violation. 916 (f)If the department determines that an electric vehicle 917 charging station or any associated equipment presents a threat 918 to the public health, safety, or welfare, the department may 919 issue an immediate final order prohibiting the use of the 920 electric vehicle charging station or any portion thereof. 921 (g)In addition to the remedies provided in this 922 subsection, and notwithstanding the existence of any adequate 923 remedy at law, the department may bring an action to enjoin a 924 violation of this subsection or rules adopted under this 925 subsection in the circuit court of the county in which the 926 violation occurs or is about to occur. Upon demonstration of 927 competent and substantial evidence by the department to the 928 court of the violation or threatened violation, the court shall 929 immediately issue the temporary or permanent injunction sought 930 by the department. The injunction must be issued without bond. 931 Section 8.Present subsections (10) and (11) of section 932 388.011, Florida Statutes, are redesignated as subsections (11) 933 and (12), respectively, a new subsection (10) is added to that 934 section, and subsections (2) and (5) of that section are 935 amended, to read: 936 388.011Definitions.As used in this chapter: 937 (2)Board of commissioners means the governing body of 938 any mosquito control program district, and may include boards of 939 county commissioners, city councils, municipalities, or other 940 similar governing bodies when context so indicates. 941 (5)District means any mosquito control special district 942 established in this state by law for the express purpose of 943 controlling arthropods within boundaries of such said districts. 944 (10)Program means any governmental jurisdiction that 945 conducts mosquito control, whether it be a special district, 946 county, or municipality. 947 Section 9.Section 388.021, Florida Statutes, is amended to 948 read: 949 388.021Creation of mosquito control special districts. 950 (1)The abatement or suppression of arthropods, whether 951 disease-bearing or merely pestiferous, within any or all 952 counties of this state is advisable and necessary for the 953 maintenance and betterment of the comfort, health, and welfare 954 of the people thereof and is found and declared to be for public 955 purposes. Areas where arthropods incubate, hatch, or occur in 956 significant numbers so as to constitute a public health, 957 welfare, or nuisance problem may be controlled or abated as 958 provided in this chapter or the rules promulgated hereunder. 959 Therefore, any municipality city, town, or county, or any 960 portion or portions thereof, whether such portion or portions 961 include incorporated territory or portions of two or more 962 counties in the state, may be created into a special taxing 963 district for the control of arthropods under the provisions of 964 this chapter. 965 (2)It is the legislative intent that those mosquito 966 control districts established prior to July 1, 1980, pursuant to 967 the petition process contained in former s. 388.031, may 968 continue to operate as outlined in this chapter. However, on and 969 after that date, no mosquito control districts may be created 970 except pursuant to s. 125.01. 971 Section 10.Section 388.181, Florida Statutes, is amended 972 to read: 973 388.181Power to do all things necessary.The respective 974 programs districts of the state are hereby fully authorized to 975 do and perform all things necessary to carry out the intent and 976 purposes of this law. 977 Section 11.Subsections (1), (2), (4), and (5) of section 978 388.201, Florida Statutes, are amended to read: 979 388.201Program District budgets; hearing. 980 (1)The fiscal year of programs districts operating under 981 the provisions of this chapter shall be the 12-month period 982 extending from October 1 of one year through September 30 of the 983 following year. The governing board of the programs district 984 shall before July 15 of each year complete the preparation of a 985 tentative detailed work plan budget covering its proposed 986 operations and requirements for arthropod control measures 987 during the ensuing fiscal year and, for the purpose of 988 determining eligibility for state aid, shall submit copies as 989 may be required to the department for review and approval. The 990 tentative detailed work plan budget must shall set forth, 991 classified by account number, title and program items, and by 992 fund from which to be paid, the proposed expenditures of the 993 program district for construction, for acquisition of land, and 994 other purposes, for the operation and maintenance of the 995 programs districts works, the conduct of the program district 996 generally, to which may be added an amount to be held as a 997 reserve. 998 (2)The tentative detailed work plan budget must shall also 999 show the estimated amount which will appear at the beginning of 1000 the fiscal year as obligated upon commitments made but 1001 uncompleted,. There shall be shown the estimated unobligated or 1002 net balance which will be on hand at the beginning of the fiscal 1003 year, and the estimated amount to be raised by county, 1004 municipality, or district taxes and from any and all other 1005 sources for meeting the programs the districts requirements. 1006 (4)The governing board shall: 1007 (a)Shall Consider objections filed against adoption of the 1008 tentative detailed work plan budget and in its discretion may 1009 amend, modify, or change such budget; and 1010 (b)Shall By September 30, adopt and execute on a form 1011 furnished by the department a certified budget for the programs 1012 district which shall be the operating and fiscal guide for the 1013 program district. Certified copies of this budget must shall be 1014 submitted by September 30 to the department for approval. 1015 (5)County commissioners mosquito and arthropod control 1016 budgets or the budgets of or similar governing body of said 1017 county, city, or towns must shall be made and adopted as 1018 prescribed by subsections (1) and (2); summary figures must 1019 shall be incorporated into the county budgets as prescribed by 1020 the Department of Financial Services. 1021 Section 12.Section 388.241, Florida Statutes, is amended 1022 to read: 1023 388.241Board of county commissioners vested with powers 1024 and duties of board of commissioners in certain counties.In 1025 those counties or cities where there has been no formation of a 1026 separate or special board of commissioners, all the rights, 1027 powers, and duties of a board of commissioners as conferred in 1028 this chapter shall be vested in the board of county 1029 commissioners or similar governing body of said county or city. 1030 Section 13.Section 388.261, Florida Statutes, is amended 1031 to read: 1032 388.261State aid to counties, municipalities, and 1033 districts for arthropod control; distribution priorities and 1034 limitations. 1035 (1)A county, municipality, or district may, without 1036 contributing matching funds, receive state funds, supplies, 1037 services, or equipment in an amount of no more than $75,000 1038 $50,000 per year for up to 3 years for any new program for the 1039 control of mosquitoes and other arthropods which serves an area 1040 not previously served by the county, municipality, or district. 1041 These funds may be expended for any and all types of control 1042 measures approved by the department. 1043 (2)Every county, municipality, or district budgeting local 1044 funds to be used exclusively for the control of mosquitoes and 1045 other arthropods, under a plan submitted by the county, 1046 municipality, or district and approved by the department, is 1047 eligible to receive state funds and supplies, services, and 1048 equipment on a dollar-for-dollar matching basis to the amount of 1049 local funds budgeted. If state funds appropriated by the 1050 Legislature are insufficient to grant each county, municipality, 1051 or district state funds on a dollar-for-dollar matching basis to 1052 the amount budgeted in local funds, the department must shall 1053 distribute the funds as prescribed by rule. Such rules must 1054 shall provide for up to 80 percent of the funds to be 1055 distributed to programs with local funds for mosquito control 1056 budgets of less than $1 million, if the county, municipality, or 1057 district meets the eligibility requirements. The funds must 1058 shall be distributed as equally as possible within the category 1059 of counties pursuant to this section. The remaining funds must 1060 shall be distributed as prescribed by rule among the remaining 1061 counties to support mosquito control and to support research, 1062 education, and outreach. 1063 (3)Every county shall be limited to receive a total of 1064 $120,000 of state funds, exclusive of state funds brought 1065 forward, during any one year. 1066 (4)Up to 20 percent of the annual funds appropriated to 1067 local governments for arthropod control may be used for 1068 arthropod control research or demonstration projects as approved 1069 by the department. 1070 (5)If more than one program local mosquito control agency 1071 exists in a county or municipality, the funds must shall be 1072 prorated between the programs agencies based on the population 1073 served by each program agency. 1074 (6)The Commissioner of Agriculture may exempt counties, 1075 municipalities, or districts from the requirements in subsection 1076 (1), subsection (2), or subsection (3) when the department 1077 determines state funds, supplies, services, or equipment are 1078 necessary for the immediate control of mosquitoes and other 1079 arthropods that pose a threat to human or animal health. 1080 (7)The department may use state funds appropriated for a 1081 county, municipality, or district under subsection (1) or 1082 subsection (2) to provide state mosquito or other arthropod 1083 control equipment, supplies, or services when requested by a 1084 county, municipality, or district eligible to receive state 1085 funds under s. 388.271. 1086 (8)The department is authorized to use up to 5 percent of 1087 the funds appropriated annually by the Legislature under this 1088 section to provide technical assistance to the counties, 1089 municipalities, or districts, or to purchase equipment, 1090 supplies, or services necessary to administer the provisions of 1091 this chapter. 1092 Section 14.Subsections (1) and (2) of section 388.271, 1093 Florida Statutes, are amended to read: 1094 388.271Prerequisites to participation. 1095 (1)When state funds are involved, it is the duty of the 1096 department to guide, review, approve, and coordinate the 1097 activities of all county and municipal governments and special 1098 districts receiving state funds in furtherance of the goal of 1099 integrated arthropod control. Each program county eligible to 1100 participate may, and each district must, begin participation on 1101 October 1 of any year by filing with the department not later 1102 than July 15 a tentative integrated arthropod management plan 1103 work plan and tentative detailed work plan budget providing for 1104 the control of arthropods. Following approval of the plan and 1105 budget by the department, a copy two copies of the programs 1106 countys or districts certified budget based on the approved 1107 integrated arthropod management work plan and detailed work plan 1108 budget must shall be submitted to the department by September 30 1109 following. State funds, supplies, and services must shall be 1110 made available to such program county or district by and through 1111 the department immediately upon release of funds by the 1112 Executive Office of the Governor. 1113 (2)All purchases of supplies, materials, and equipment by 1114 programs must counties or districts shall be made in accordance 1115 with the laws governing purchases by boards of county 1116 commissioners or similar governing bodies, except that programs 1117 districts with special laws relative to competitive bidding 1118 shall make purchases in accordance therewith. 1119 Section 15.Subsections (1) and (3) of section 388.281, 1120 Florida Statutes, are amended to read: 1121 388.281Use of state matching funds. 1122 (1)All funds, supplies, and services released to programs 1123 counties and districts hereunder must shall be used in 1124 accordance with the integrated arthropod management detailed 1125 work plan and certified budget approved by both the department 1126 and the board of county commissioners or an appropriate 1127 representative county or district. The integrated arthropod 1128 management plan and budget may be amended at any time upon prior 1129 approval of the department. 1130 (3)In any program county or district where the arthropod 1131 problem has been eliminated, or reduced to such an extent that 1132 it does not constitute a health, comfort, or economic problem as 1133 determined by the department, the maximum amount of state funds 1134 available under this chapter shall be reduced to the amount 1135 necessary to meet actual need. 1136 Section 16.Subsections (1) and (2) of section 388.291, 1137 Florida Statutes, are amended to read: 1138 388.291Source reduction measures; supervision by 1139 department. 1140 (1)Any program county or district may perform source 1141 reduction measures in conformity with good engineering practices 1142 in any area, provided that the department cooperating with the 1143 county, municipality, or district has approved the operating or 1144 construction plan as outlined in the integrated arthropod 1145 management plan and that it has been determined by criteria 1146 contained in rule that the area or areas to be controlled would 1147 produce arthropods in significant numbers to constitute a health 1148 or nuisance problem. 1149 (2)The program county or district shall manage the 1150 detailed business affairs and supervise the said work, and the 1151 department shall advise the programs districts as to the best 1152 and most effective measures to be used in bringing about better 1153 temporary control and the permanent elimination of breeding 1154 conditions. The department may at its discretion discontinue any 1155 state aid provided hereunder in the event it finds the jointly 1156 agreed upon program is not being followed or is not efficiently 1157 and effectively administered. 1158 Section 17.Section 388.301, Florida Statutes, is amended 1159 to read: 1160 388.301Payment of state funds; supplies and services. 1161 State funds shall be payable quarterly, in accordance with the 1162 rules of the department, upon requisition by the department to 1163 the Chief Financial Officer. The department is authorized to 1164 furnish insecticides, chemicals, materials, equipment, vehicles, 1165 and personnel in lieu of state funds where mass purchasing may 1166 save funds for the state, or where it would be more practical 1167 and economical to use equipment, supplies, and services between 1168 two or more programs counties or districts. 1169 Section 18.Section 388.311, Florida Statutes, is amended 1170 to read: 1171 388.311Carry over of state funds and local funds.State 1172 and local funds budgeted for the control of mosquitoes and other 1173 arthropods shall be carried over at the end of the programs 1174 county or districts fiscal year, and rebudgeted for such 1175 control measures the following fiscal year. 1176 Section 19.Section 388.321, Florida Statutes, is amended 1177 to read: 1178 388.321Equipment to become property of a program the 1179 county or district.All equipment purchased under this chapter 1180 with state funds made available directly to a program the county 1181 or district shall become the property of the program county or 1182 district unless otherwise provided, and may be traded in on 1183 other equipment, or sold, when no longer needed by the program 1184 county or district. 1185 Section 20.Section 388.322, Florida Statutes, is amended 1186 to read: 1187 388.322Record and inventory of certain property.A record 1188 and inventory of certain property purchased with state funds for 1189 arthropod control use owned by the program must district shall 1190 be maintained in accordance with s. 274.02. 1191 Section 21.Section 388.323, Florida Statutes, is amended 1192 to read: 1193 388.323Disposal of surplus property.Surplus property 1194 shall be disposed of according to the provisions set forth in s. 1195 274.05 with the following exceptions: 1196 (1)Serviceable equipment purchased using state funds for 1197 arthropod control use no longer needed by a program must county 1198 or district shall first be offered to any or all other programs 1199 counties or districts engaged in arthropod control at a price 1200 established by the board of commissioners owning the equipment. 1201 (2)The alternative procedure for disposal of surplus 1202 property, as prescribed in s. 274.06, must shall be followed if 1203 it is determined that no other program county or district 1204 engaged in arthropod control has need for the equipment. 1205 (3)All proceeds from the sale of any real or tangible 1206 personal property owned by the program and purchased using state 1207 funds county or district shall be deposited in the programs 1208 countys or districts state fund account unless otherwise 1209 specifically designated by the department. 1210 Section 22.Section 388.341, Florida Statutes, is amended 1211 to read: 1212 388.341Reports of expenditures and accomplishments.Each 1213 program receiving state aid county and district participating 1214 under the provisions of this chapter shall within 30 days after 1215 the end of each month submit to the department a monthly report 1216 for the preceding month of expenditures from all funds for 1217 arthropod control, and each program participating under this 1218 chapter shall provide such reports of activities and 1219 accomplishments as may be required by the department. 1220 Section 23.Section 388.351, Florida Statutes, is amended 1221 to read: 1222 388.351Transfer of equipment, personnel, and supplies 1223 during an emergency.The department, upon notifying a program 1224 county or district and obtaining its approval, is authorized to 1225 transfer equipment, materials, and personnel from one program 1226 district to another in the event of an emergency brought about 1227 by an arthropod-borne epidemic or other disaster requiring 1228 emergency control. 1229 Section 24.Subsection (7) of section 388.361, Florida 1230 Statutes, is amended to read: 1231 388.361Department authority and rules; administration. 1232 (7)The department shall have the authority to collect, 1233 detect, suppress, and control mosquitoes and other arthropods 1234 that are determined by the State Health Officer to pose a threat 1235 to public health, or determined by the Commissioner of 1236 Agriculture to pose a threat to animal health, wherever they may 1237 occur on public or private land in this state, and to do all 1238 things necessary in the exercise of such authority. Prior to the 1239 start of treatments for the control of mosquitoes or other 1240 arthropods, the department shall consult with the mosquito 1241 control programs districts in the proposed treatment areas, the 1242 Department of Health, the Department of Environmental 1243 Protection, and the Fish and Wildlife Conservation Commission 1244 regarding the proposed locations, dates, and methods to be used. 1245 Section 25.Subsections (2) and (3) of section 388.3711, 1246 Florida Statutes, are amended to read: 1247 388.3711Enforcement. 1248 (2)The department may issue a written warning, impose a 1249 fine; deny, suspend, or revoke any license or certification, or 1250 the disbursal of state aid; or deny participation, in accordance 1251 with the provisions of chapter 120, upon any one or more of the 1252 following grounds as may be applicable: 1253 (a)Violation of any rule of the department or provision of 1254 this chapter. 1255 (b)Violation of FIFRA or any relevant EPA rule or 1256 regulation pertaining to the use of arthropod control pesticides 1257 by the licensee. 1258 (c)Failure to give the department, or any authorized 1259 representative thereof, true information upon request regarding 1260 methods and materials used, work performed, or other information 1261 essential to the administration of this chapter. 1262 (3)The department may, if it finds a violation is of such 1263 nature or circumstances that imposition of a fine, or denial, 1264 revocation, or suspension of a certification or license or 1265 disbursal of state aid would be detrimental to the public or be 1266 unnecessarily harsh under the circumstances, in its discretion, 1267 place the offending party on probation for a period of not more 1268 than 2 years. If the department determines that the terms of 1269 such probation have been violated, it may reinstitute license or 1270 certification or state aid denial, suspension, or revocation 1271 proceedings. 1272 Section 26.Section 388.381, Florida Statutes, is amended 1273 to read: 1274 388.381Cooperation by programs counties and district.Any 1275 program conducting county or district carrying on an arthropod 1276 control program may cooperate with another county, district, or 1277 municipality in carrying out work a program for the control of 1278 mosquitoes and other arthropods, by agreement as to the program 1279 and reimbursement thereof, when approved by the department. 1280 Section 27.Section 388.391, Florida Statutes, is amended 1281 to read: 1282 388.391Control measures in municipalities and portions of 1283 counties located outside boundaries of programs districts.Any 1284 program district whose operation is limited to a portion of the 1285 county in which it is located may perform any control measures 1286 authorized by this chapter in any municipality located in the 1287 same county or in any portions of the same county, where there 1288 is no established program district, when requested to do so by 1289 the municipality or county, pursuant to s. 388.381. 1290 Section 28.Section 388.401, Florida Statutes, is amended 1291 to read: 1292 388.401Penalty for damage to property or operations. 1293 Whoever shall willfully damages damage any of the property of 1294 any program county or district created under this or other 1295 chapters, or any works constructed, maintained, or controlled by 1296 such program county or district, or who obstructs shall obstruct 1297 or causes cause to be obstructed any of the operations of such 1298 program county or district, or who shall knowingly or willfully 1299 violates violate any provisions of this chapter or any rule or 1300 regulation promulgated by any board of commissioners of any 1301 program, commits county or district shall be guilty of a 1302 misdemeanor of the second degree, punishable as provided in s. 1303 775.082 or s. 775.083. 1304 Section 29.Paragraph (a) of subsection (2) of section 1305 388.46, Florida Statutes, is amended to read: 1306 388.46Florida Coordinating Council on Mosquito Control; 1307 establishment; membership; organization; responsibilities. 1308 (2)MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES. 1309 (a)Membership.The Florida Coordinating Council on 1310 Mosquito Control shall be composed comprised of the following 1311 representatives or their authorized designees: 1312 1.The Secretary of Environmental Protection. 1313 2.The State Surgeon General. 1314 3.The executive director of the Fish and Wildlife 1315 Conservation Commission. 1316 4.The state epidemiologist. 1317 5.The Commissioner of Agriculture. 1318 6.The Board of Trustees of the Internal Improvement Trust 1319 Fund. 1320 7.Representatives from: 1321 a.The University of Florida, Institute of Food and 1322 Agricultural Sciences, Florida Medical Entomological Research 1323 Laboratory. 1324 b.The United States Environmental Protection Agency. 1325 c.The United States Department of Agriculture, Center of 1326 Medical, Agricultural, and Veterinary Entomology Insects 1327 Affecting Man Laboratory. 1328 d.The United States Fish and Wildlife Service. 1329 8.Four Two mosquito control directors to be nominated by 1330 the Florida Mosquito Control Association, two representatives of 1331 Florida environmental groups, and two private citizens who are 1332 property owners whose lands are regularly subject to mosquito 1333 control operations, to be appointed to 4-year terms by the 1334 Commissioner of Agriculture and serve until his or her successor 1335 is appointed. 1336 Section 30.Paragraph (d) of subsection (7) of section 1337 403.067, Florida Statutes, is amended to read: 1338 403.067Establishment and implementation of total maximum 1339 daily loads. 1340 (7)DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1341 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. 1342 (d)Enforcement and verification of basin management action 1343 plans and management strategies. 1344 1.Basin management action plans are enforceable pursuant 1345 to this section and ss. 403.121, 403.141, and 403.161. 1346 Management strategies, including best management practices and 1347 water quality monitoring, are enforceable under this chapter. 1348 2.No later than January 1, 2017: 1349 a.The department, in consultation with the water 1350 management districts and the Department of Agriculture and 1351 Consumer Services, shall initiate rulemaking to adopt procedures 1352 to verify implementation of water quality monitoring required in 1353 lieu of implementation of best management practices or other 1354 measures pursuant to sub-subparagraph (b)2.g.; 1355 b.The department, in consultation with the water 1356 management districts and the Department of Agriculture and 1357 Consumer Services, shall initiate rulemaking to adopt procedures 1358 to verify implementation of nonagricultural interim measures, 1359 best management practices, or other measures adopted by rule 1360 pursuant to subparagraph (c)1.; and 1361 c.The Department of Agriculture and Consumer Services, in 1362 consultation with the water management districts and the 1363 department, shall initiate rulemaking to adopt procedures to 1364 verify implementation of agricultural interim measures, best 1365 management practices, or other measures adopted by rule pursuant 1366 to subparagraph (c)2. 1367 1368 The rules required under this subparagraph shall include 1369 enforcement procedures applicable to the landowner, discharger, 1370 or other responsible person required to implement applicable 1371 management strategies, including best management practices or 1372 water quality monitoring as a result of noncompliance. 1373 3.At least every 2 years, the Department of Agriculture 1374 and Consumer Services shall perform onsite inspections of each 1375 agricultural producer that enrolls in a best management 1376 practice, except those enrolled by rule in subparagraph 4., to 1377 ensure that such practice is being properly implemented. Such 1378 verification must include a collection and review of the best 1379 management practice documentation from the previous 2 years 1380 required by rules adopted pursuant to subparagraph (c)2., 1381 including, but not limited to, nitrogen and phosphorus 1382 fertilizer application records, which must be collected and 1383 retained pursuant to subparagraphs (c)3., 4., and 6. The 1384 Department of Agriculture and Consumer Services shall initially 1385 prioritize the inspection of agricultural producers located in 1386 the basin management action plans for Lake Okeechobee, the 1387 Indian River Lagoon, the Caloosahatchee River and Estuary, and 1388 Silver Springs. 1389 4.The Department of Agriculture and Consumer Services is 1390 authorized to adopt rules establishing an enrollment in best 1391 management practices by rule process that agricultural pollutant 1392 sources and agricultural producers may use in lieu of the best 1393 management practices adopted in paragraph (c) and identify best 1394 management practices for landowners of parcels which meet the 1395 following requirements: 1396 a.A parcel not more than 25 acres in size; 1397 b.A parcel designated as agricultural land use by the 1398 county in which it is located or the parcel is granted 1399 agricultural tax classification by the county property appraiser 1400 of the county in which it is located; 1401 c.A parcel with water use not exceeding 100,000 gallons 1402 per day on average unless the entire use is met using recycled 1403 water from wet detention treatment ponds or reuse water; 1404 d.A parcel where the agricultural activity on the parcel 1405 is not a vegetable crop, an agronomic crop, a nursery, or a 1406 dairy operation; 1407 e.A parcel not abutting an impaired water body identified 1408 in subsection (4); and 1409 f.A parcel not part of a larger operation that is enrolled 1410 in the Department of Agriculture and Consumer Services best 1411 management practices or conducting water quality monitoring 1412 prescribed by the department or a water management district. 1413 1414 Such requirements must specify design or performance criteria 1415 that, if applied, would result in compliance with appropriate 1416 water quality standards. The Department of Agriculture and 1417 Consumer Services is authorized to adopt additional eligibility 1418 criteria for landowners or producers to use enrollment by rule 1419 and to revoke enrollment by rule. 1420 5.The Department of Agriculture and Consumer Services 1421 shall annually perform onsite inspections of 20 percent for all 1422 enrollments that meet the qualifications pursuant to 1423 subparagraph 4. by rule within basin management action plan 1424 areas, to ensure that practices are being properly implemented. 1425 Such inspections must include a collection and review of the 1426 identified best management practice documentation from the 1427 previous 2 years required by rules adopted pursuant to 1428 subparagraph (c)2. All agricultural producers enrolled by rule 1429 in a best management practice must annually submit nutrient 1430 records, including nitrogen and phosphorus application records 1431 for the previous calendar year, to the Department of Agriculture 1432 and Consumer Services as required by rules adopted pursuant to 1433 subparagraph (c)2. The Department of Agriculture and Consumer 1434 Services shall collect and retain these nutrient records 1435 pursuant to subparagraphs (c)3., 4., and 6. 1436 Section 31.Subsection (19) is added to section 403.852, 1437 Florida Statutes, to read: 1438 403.852Definitions; ss. 403.850-403.864.As used in ss. 1439 403.850-403.864: 1440 (19)Water quality additive means any chemical or 1441 additive which is used in a public water system for the purpose 1442 of removing contaminants or increasing water quality. The term 1443 does not include additives used for health-related purposes. 1444 Section 32.Subsection (8) is added to section 403.859, 1445 Florida Statutes, to read: 1446 403.859Prohibited acts.The following acts and the causing 1447 thereof are prohibited and are violations of this act: 1448 (8)The use of any additive in a public water system which 1449 does not meet the definition of a water quality additive as 1450 defined in s. 403.852(19), or the use of any additive included 1451 primarily for health-related purposes. 1452 Section 33.Subsection (10) of section 482.111, Florida 1453 Statutes, is amended to read: 1454 482.111Pest control operators certificate. 1455 (10)In order to renew a certificate, the certificateholder 1456 must complete 2 hours of approved continuing education on 1457 legislation, safety, pesticide labeling, and integrated pest 1458 management and 2 hours of approved continuing education in each 1459 category of her or his certificate or must pass an examination 1460 that the department shall provide in person and remotely through 1461 a third-party vendor. The third-party vendor may collect and 1462 retain a convenience fee given by the department. The department 1463 may not renew a certificate if the continuing education or 1464 examination requirement is not met. 1465 (a)Courses or programs, to be considered for credit, must 1466 include one or more of the following topics: 1467 1.The law and rules of this state pertaining to pest 1468 control. 1469 2.Precautions necessary to safeguard life, health, and 1470 property in the conducting of pest control and the application 1471 of pesticides. 1472 3.Pests, their habits, recognition of the damage they 1473 cause, and identification of them by accepted common name. 1474 4.Current accepted industry practices in the conducting of 1475 fumigation, termites and other wood-destroying organisms pest 1476 control, lawn and ornamental pest control, and household pest 1477 control. 1478 5.How to read labels, a review of current state and 1479 federal laws on labeling, and a review of changes in or 1480 additions to labels used in pest control. 1481 6.Integrated pest management. 1482 (b)The certificateholder must submit with her or his 1483 application for renewal a statement certifying that she or he 1484 has completed the required number of hours of continuing 1485 education. The statement must be on a form prescribed by the 1486 department and must identify at least the date, location, 1487 provider, and subject of the training and must provide such 1488 other information as required by the department. 1489 (c)The department shall charge the same fee for 1490 examination as provided in s. 482.141(2). 1491 Section 34.Subsection (1) of section 482.141, Florida 1492 Statutes, is amended to read: 1493 482.141Examinations. 1494 (1)Each individual seeking certification must 1495 satisfactorily pass an examination which must be written but 1496 which may include practical demonstration. The department shall 1497 provide in-person and remote testing through a third-party 1498 vendor. A third-party vendor may collect and retain a 1499 convenience fee hold at least two examinations each year. An 1500 applicant may seek certification in one or more categories. 1501 Section 35.Paragraph (b) of subsection (1) of section 1502 482.155, Florida Statutes, is amended to read: 1503 482.155Limited certification for governmental pesticide 1504 applicators or private applicators. 1505 (1) 1506 (b)A person seeking limited certification under this 1507 subsection must pass an examination that the department shall 1508 provide in person and remotely through a third-party vendor. The 1509 third-party vendor may collect and retain a convenience fee 1510 given or approved by the department. Each application for 1511 examination must be accompanied by an examination fee set by the 1512 department, in an amount of not more than $150 or less than $50; 1513 and a recertification fee of $25 every 4 years. Until rules 1514 setting these fees are adopted by the department, the 1515 examination fee is $50. Application for recertification must be 1516 accompanied by proof of having completed 4 classroom hours of 1517 acceptable continuing education. The limited certificate expires 1518 4 years after the date of issuance. If the certificateholder 1519 fails to renew his or her certificate and provide proof of 1520 completion of the required continuing education units within 60 1521 days after the expiration date, the certificateholder may be 1522 recertified only after reexamination. The department shall make 1523 available provide the appropriate reference material and make 1524 the examination readily accessible and available to all 1525 applicants at least quarterly or as necessary in each county. 1526 Section 36.Subsection (2) of section 482.156, Florida 1527 Statutes, is amended to read: 1528 482.156Limited certification for commercial landscape 1529 maintenance personnel. 1530 (2)(a)A person seeking limited certification under this 1531 section must pass an examination that the department shall 1532 provide in person and remotely through a third-party vendor. The 1533 third-party vendor may collect and retain a convenience fee 1534 given by the department. Each application for examination must 1535 be accompanied by an examination fee set by rule of the 1536 department, in an amount of not more than $150 or less than $50. 1537 Before the department issues a limited certification under this 1538 section, each person applying for the certification must furnish 1539 proof of having a certificate of insurance which states that the 1540 employer meets the requirements for minimum financial 1541 responsibility for bodily injury and property damage required by 1542 s. 482.071(4). 1543 (b)The department shall make available provide the 1544 appropriate reference materials for the examination and provide 1545 in-person and remote testing through a third-party vendor. A 1546 third-party vendor may collect and retain a convenience fee make 1547 the examination readily accessible and available to applicants 1548 at least quarterly or as necessary in each county. 1549 Section 37.Subsection (2) of section 482.157, Florida 1550 Statutes, is amended to read: 1551 482.157Limited certification for commercial wildlife 1552 management personnel. 1553 (2)The department shall issue a limited certificate to an 1554 applicant who: 1555 (a)Submits an application and examination fee of at least 1556 $150, but not more than $300, as prescribed by the department by 1557 rule; 1558 (b)Passes an examination that the department shall provide 1559 in person and remotely through a third-party vendor. The third 1560 party vendor may collect and retain a convenience fee 1561 administered by the department. The department shall make 1562 available provide the appropriate study materials for the 1563 examination and make the examination readily available to 1564 applicants in each county as necessary, but not less frequently 1565 than quarterly; and 1566 (c)Provides proof, including a certificate of insurance, 1567 that the applicant has met the minimum bodily injury and 1568 property damage insurance requirements in s. 482.071(4). 1569 Section 38.Paragraph (m) is added to subsection (1) of 1570 section 482.161, Florida Statutes, to read: 1571 482.161Disciplinary grounds and actions; reinstatement. 1572 (1)The department may issue a written warning to or impose 1573 a fine against, or deny the application for licensure or 1574 licensure renewal of, a licensee, certified operator, limited 1575 certificateholder, identification cardholder, or special 1576 identification cardholder or any other person, or may suspend, 1577 revoke, or deny the issuance or renewal of any license, 1578 certificate, limited certificate, identification card, or 1579 special identification card that is within the scope of this 1580 chapter, in accordance with chapter 120, upon any of the 1581 following grounds: 1582 (m)Upon the issuance of a final order imposing civil 1583 penalties under subsection 14(a) of the Federal Insecticide, 1584 Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction 1585 under subsection 14(b), of FIFRA. 1586 Section 39.Subsection (2) of section 487.044, Florida 1587 Statutes, is amended to read: 1588 487.044Certification; examination. 1589 (2)The department shall require each applicant for a 1590 certified applicators license to demonstrate competence by a 1591 written or oral examination in which the applicant must 1592 demonstrate adequate knowledge concerning the proper use and 1593 application of restricted-use pesticides in each classification 1594 for which application for license is made. The department shall 1595 provide in-person and remote testing through a third-party 1596 vendor. A third-party vendor may collect and retain a 1597 convenience fee. The examination may be prepared, administered, 1598 and evaluated by the department. Each applicant for a certified 1599 applicators license must shall demonstrate minimum competence 1600 as to: 1601 (a)The proper use of the equipment. 1602 (b)The environmental hazards that may be involved in 1603 applying restricted-use pesticides. 1604 (c)Calculating the concentration of restricted-use 1605 pesticides to be used in particular circumstances. 1606 (d)Identification of common pests to be controlled and the 1607 damages caused by such pests. 1608 (e)Protective clothing and respiratory equipment required 1609 during the handling and application of restricted-use 1610 pesticides. 1611 (f)General precautions to be followed in the disposal of 1612 containers, as well as the cleaning and decontamination of the 1613 equipment which the applicant proposes to use. 1614 (g)Applicable state and federal pesticide laws, rules, and 1615 regulations. 1616 (h)General safety precautions. 1617 Section 40.Subsection (6) is added to section 487.175, 1618 Florida Statutes, to read: 1619 487.175Penalties; administrative fine; injunction. 1620 (6)Licensure may be suspended, revoked, or denied by the 1621 department, upon the issuance of a final order to a licensee 1622 imposing civil penalties under subsection 14(a) of the Federal 1623 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a 1624 criminal conviction under subsection 14(b) of FIFRA. 1625 Section 41.Present subsections (13) through (28) of 1626 section 496.404, Florida Statutes, are redesignated as 1627 subsections (15) through (30), respectively, and new subsections 1628 (13) and (14) are added to that section, to read: 1629 496.404Definitions.As used in ss. 496.401-496.424, the 1630 term: 1631 (13)Foreign country of concern means the Peoples 1632 Republic of China, the Russian Federation, the Islamic Republic 1633 of Iran, the Venezuelan regime of Nicols Maduro, or the Syrian 1634 Arab Republic, including any agency of or any other entity under 1635 significant control of such foreign country of concern. 1636 (14)Foreign source of concern means any of the 1637 following: 1638 (a)The government or any official of the government of a 1639 foreign country of concern; 1640 (b)A political party or member of a political party or any 1641 subdivision of a political party in a foreign country of 1642 concern; 1643 (c)A partnership, an association, a corporation, an 1644 organization, or other combination of persons organized under 1645 the laws of or having its principal place of business in a 1646 foreign country of concern, or a subsidiary of such entity; 1647 (d)Any person who is domiciled in a foreign country of 1648 concern and is not a citizen or lawful permanent citizen of the 1649 United States; 1650 (e)An agent, including a subsidiary or an affiliate of a 1651 foreign legal entity, acting on behalf of a foreign source of 1652 concern; or 1653 (f)An entity in which a person, entity, or collection of 1654 persons or entities described in paragraphs (a)(e) has a 1655 controlling interest. As used in this paragraph, the term 1656 controlling interest means the possession of the power to 1657 direct or cause the direction of the management or policies of 1658 an entity, whether through ownership of securities, by contract, 1659 or otherwise. A person or an entity that directly or indirectly 1660 has the right to vote 25 percent or more of the voting interest 1661 of the company or is entitled to 25 percent or more of its 1662 profits is presumed to possess a controlling interest. 1663 Section 42.Present paragraphs (d) through (g) of 1664 subsection (2) of section 496.405, Florida Statutes, are 1665 redesignated as paragraphs (f) through (i), respectively, new 1666 paragraphs (d) and (e) are added to that subsection, subsection 1667 (11) is added to that section, and subsection (1) and paragraph 1668 (b) of subsection (7) of that section are amended, to read: 1669 496.405Registration statements by charitable organizations 1670 and sponsors. 1671 (1)A charitable organization or sponsor, unless exempted 1672 pursuant to s. 496.406, which intends to solicit contributions 1673 in or from this state by any means or have funds solicited on 1674 its behalf by any other person, charitable organization, 1675 sponsor, commercial co-venturer, or professional solicitor, or 1676 that participates in a charitable sales promotion or sponsor 1677 sales promotion, must, before engaging in any of these 1678 activities, file an initial registration statement, which 1679 includes an attestation statement, and a renewal statement 1680 annually thereafter, with the department. 1681 (a)Except as provided in paragraph (b), any changes in the 1682 information submitted on the initial registration statement or 1683 the last renewal statement must be updated annually on a renewal 1684 statement provided by the department on or before the date that 1685 marks 1 year after the date the department approved the initial 1686 registration statement as provided in this section. The 1687 department shall annually provide a renewal statement to each 1688 registrant by mail or by electronic mail at least 30 days before 1689 the renewal date. 1690 (b)Any changes to the information submitted to the 1691 department pursuant to paragraph (2)(f) (2)(d) on the initial 1692 registration statement, which includes an attestation statement, 1693 or the last renewal statement must be reported to the department 1694 on a form prescribed by the department within 10 days after the 1695 change occurs. 1696 (c)A charitable organization or sponsor that is required 1697 to file an initial registration statement or annual renewal 1698 statement may not, before approval of its statement by the 1699 department in accordance with subsection (7), solicit 1700 contributions or have contributions solicited on its behalf by 1701 any other person, charitable organization, sponsor, commercial 1702 co-venturer, or professional solicitor or participate in a 1703 charitable sales promotion or sponsor sales promotion. 1704 (d)The registration of a charitable organization or 1705 sponsor may not continue in effect and shall expire without 1706 further action of the department under either of the following 1707 circumstances: 1708 1.After the date the charitable organization or sponsor 1709 should have filed, but failed to file, its renewal statement in 1710 accordance with this section. 1711 2.For failure to provide a financial statement within any 1712 extension period provided under s. 496.407. 1713 (2)The initial registration statement must be submitted on 1714 a form prescribed by the department, signed by an authorized 1715 official of the charitable organization or sponsor who shall 1716 certify that the registration statement is true and correct, and 1717 include the following information or material: 1718 (d)An attestation statement, which must be submitted on a 1719 form prescribed by the department and signed by an authorized 1720 official of the charitable organization, who shall certify and 1721 attest that the charitable organization, if engaged in 1722 activities that would require registration pursuant to chapter 1723 106 is registered with the Department of State, pursuant to 1724 chapter 106. 1725 (e)An attestation statement on a form prescribed by the 1726 department, signed by an authorized official of the charitable 1727 organization, who shall certify and attest that the charitable 1728 organization, if prohibited by applicable federal or state law, 1729 is not engaged in activities that would require registration 1730 with the Department of State pursuant to chapter 106. 1731 (7) 1732 (b)If a charitable organization or sponsor discloses 1733 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7. 1734 in the initial registration statement or annual renewal 1735 statement, the time limits set forth in paragraph (a) are 1736 waived, and the department shall process such initial 1737 registration statement or annual renewal statement in accordance 1738 with the time limits set forth in chapter 120. The registration 1739 of a charitable organization or sponsor shall be automatically 1740 suspended for failure to disclose any information specified in 1741 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the 1742 required information is submitted to the department. 1743 (11)The department may investigate and refer a charitable 1744 organization or sponsor to the Florida Elections Commission for 1745 investigation of violations pursuant to chapters 104 and 106. 1746 Section 43.Subsection (20) is added to section 496.415, 1747 Florida Statutes, to read: 1748 496.415Prohibited acts.It is unlawful for any person in 1749 connection with the planning, conduct, or execution of any 1750 solicitation or charitable or sponsor sales promotion to: 1751 (20)Solicit or accept contributions or anything of value 1752 from a foreign source of concern. 1753 Section 44.Section 496.417, Florida Statutes, is amended 1754 to read: 1755 496.417Criminal penalties.Except as otherwise provided in 1756 ss. 496.401-496.424, and in addition to any administrative or 1757 civil penalties, any person who willfully and knowingly violates 1758 ss. 496.401-496.424 commits a felony of the third degree, 1759 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1760 For a second or subsequent conviction, such violation 1761 constitutes a felony of the second degree, punishable as 1762 provided in s. 775.082, s. 775.083, or s. 775.084. The 1763 department may also investigate and refer a charitable 1764 organization or sponsor to the Florida Elections Commission for 1765 investigation of violations pursuant to chapters 104 and 106. 1766 Section 45.Subsection (11) is added to section 496.419, 1767 Florida Statutes, to read: 1768 496.419Powers of the department. 1769 (11)A charitable organization or sponsor whose 1770 registration is denied or revoked for submitting a false 1771 attestation required pursuant to s. 496.405(2)(d) or (2)(e) is 1772 subject to the penalties specified in subsection (5) at the 1773 discretion of the department. 1774 Section 46.Section 496.431, Florida Statutes, is created 1775 to read: 1776 496.431Honest Service Registry. 1777 (1)The department shall create the Honest Services 1778 Registry to provide the residents of this state with the 1779 information necessary to make an informed choice when deciding 1780 which charitable organizations to support. 1781 (2)To be included on the Honest Services Registry, a 1782 charitable organization must, at a minimum, submit to the 1783 department an attestation statement on a form prescribed by the 1784 department, verified as provided in s. 92.525, attesting to all 1785 of the following: 1786 (a)That the organization does not solicit or accept, 1787 directly or indirectly, contributions, funding, support, or 1788 services from a foreign source of concern. 1789 (b)That the organizations messaging and content are not 1790 directly or indirectly produced or influenced by a foreign 1791 source of concern. 1792 (3)The department shall publish the Honest Services 1793 Registry on the departments website. 1794 (4)The department shall adopt rules to implement this 1795 section. 1796 Section 47.Paragraph (j) of subsection (1) of section 1797 500.03, Florida Statutes, is amended to read: 1798 500.03Definitions; construction; applicability. 1799 (1)For the purpose of this chapter, the term: 1800 (j)Cottage food product means food that is not time or 1801 temperature controlled for safety or a potentially hazardous 1802 food as defined by department rule which is sold by a cottage 1803 food operation in accordance with s. 500.80. 1804 Section 48.Paragraphs (a) and (b) of subsection (1) of 1805 section 500.12, Florida Statutes, are amended to read: 1806 500.12Food permits; building permits. 1807 (1)(a)A food permit from the department is required of any 1808 person or business that who operates a food establishment, 1809 except: 1810 1.Persons or businesses operating minor food outlets that 1811 sell food that is commercially prepackaged, not potentially 1812 hazardous, not age restricted, and not time or temperature 1813 controlled for safety, if the shelf space for those items does 1814 not exceed 12 total linear feet and no other food is sold by the 1815 person or business minor food outlet. 1816 2.Persons subject to continuous, onsite federal or state 1817 inspection. 1818 3.Persons selling only legumes in the shell, either 1819 parched, roasted, or boiled. 1820 4.Persons selling sugar cane or sorghum syrup that has 1821 been boiled and bottled on a premise located within this state. 1822 Such bottles must contain a label listing the producers name 1823 and street address, all added ingredients, the net weight or 1824 volume of the product, and a statement that reads, This product 1825 has not been produced in a facility permitted by the Florida 1826 Department of Agriculture and Consumer Services. 1827 (b)Each food establishment regulated under this chapter 1828 must apply for and receive a food permit before operation 1829 begins. An application for a food permit from the department 1830 must be accompanied by a fee in an amount determined by 1831 department rule. The department shall adopt by rule a schedule 1832 of fees to be paid by each food establishment as a condition of 1833 issuance or renewal of a food permit. Such fees may not exceed 1834 $650 and must be used solely for the recovery of costs for the 1835 services provided, except that the fee accompanying an 1836 application for a food permit for operating a bottled water 1837 plant may not exceed $1,000 and the fee accompanying an 1838 application for a food permit for operating a packaged ice plant 1839 may not exceed $250. The fee for operating a bottled water plant 1840 or a packaged ice plant must be set by rule of the department. 1841 Food permits are not transferable from one person or physical 1842 location to another. Food permits must be renewed in accordance 1843 with subparagraphs 1.-3. If an application for renewal of a food 1844 permit is not received by the department on or before its due 1845 date, a late fee not exceeding $100 must be paid in addition to 1846 the food permit fee before the department may issue the food 1847 permit. The moneys collected must be deposited in the General 1848 Inspection Trust Fund. 1849 1.A food permit issued to a new food establishment on or 1850 after September 1, 2023, is valid for 1 calendar year after the 1851 date of issuance and must be renewed annually on or before that 1852 date thereafter. 1853 2.Effective January 1, 2024, A food permit issued before 1854 September 1, 2023, expires on the month and day the initial 1855 permit was issued to the food establishment and must be renewed 1856 annually on or before that date thereafter. The department may 1857 charge a prorated permit fee for purposes of this subparagraph. 1858 3.The department may establish a single permit renewal 1859 date for multiple food establishments owned by the same entity 1860 The owner of 100 or more permitted food establishment locations 1861 may elect to set the expiration of food permits for such 1862 establishments as December 31 of each calendar year. 1863 Section 49.Section 500.166, Florida Statutes, is amended 1864 to read: 1865 500.166Records of interstate shipment.For the purpose of 1866 enforcing this chapter, carriers engaged in interstate commerce 1867 and persons receiving food in interstate commerce shall retain 1868 all records for 3 years from the date of the record showing the 1869 movement in interstate commerce of any food, and the quantity, 1870 shipper and consignee thereof and, upon the request by an 1871 officer or employee duly designated by the department, permit 1872 the officer or employee to have access to and to copy all 1873 records showing the movement in interstate commerce of any food, 1874 and the quantity, shipper, and consignee thereof. 1875 Section 50.Subsection (1) of section 500.172, Florida 1876 Statutes, is amended to read: 1877 500.172Embargoing, detaining, destroying of food, food 1878 processing equipment, or areas that are in violation. 1879 (1)When the department, or its duly authorized agent who 1880 has received appropriate education and training regarding the 1881 legal requirements of this chapter, finds or has probable cause 1882 to believe that any food, food processing equipment, food 1883 processing area, or food storage area is in violation of this 1884 chapter or any rule adopted under this chapter so as to be 1885 dangerous, unwholesome, mislabeled, fraudulent, or insanitary 1886 within the meaning of this chapter, an agent of the department 1887 may issue and enforce a stop-sale, stop-use, removal, or hold 1888 order, which order gives notice that such article, processing 1889 equipment, processing area, or storage area is or is suspected 1890 of being in violation and has been detained or embargoed and 1891 which order warns all persons not to remove, use, or dispose of 1892 such article, processing equipment, processing area, or storage 1893 area by sale or otherwise until permission for removal, use, or 1894 disposal is given by the department or the court. The department 1895 is authorized to enter into a written agreement with the owner 1896 of such food, food processing equipment, food processing area, 1897 or food storage area, or otherwise facilitate the destruction of 1898 any article found or suspected by the department to be in 1899 violation of this section. A person may not remove, use, or 1900 dispose of such detained or embargoed article, processing 1901 equipment, processing area, or storage area by sale or otherwise 1902 without such permission from or in accordance with a written 1903 agreement with the department. 1904 Section 51.Section 500.75, Florida Statutes, is created to 1905 read: 1906 500.75Mushrooms spores and mycelium; offenses.It is 1907 unlawful to transport, import, sell, offer for sale, furnish, or 1908 give away spores or mycelium capable of producing mushrooms or 1909 other material which will contain a controlled substance, 1910 including psilocybin or psilocyn, during its lifecycle. A person 1911 who transports, imports into this state, sells, offers for sale, 1912 furnishes, gives away, or offers to transport, import into this 1913 state, sell, furnish, or give away any spores or mycelium 1914 capable of producing mushrooms or other material which will 1915 contain a controlled substance commits a misdemeanor of the 1916 first degree, punishable as provided in s. 775.082 or s. 1917 775.083. 1918 Section 52.Section 500.93, Florida Statutes, is created to 1919 read: 1920 500.93Mislabeling of plant-based products as milk, meat, 1921 or poultry. 1922 (1)As used in this section, the term: 1923 (a)Egg and egg product have the same meanings as in 21 1924 U.S.C. s. 1033 and the Egg Products Inspection Act. 1925 (b)FDA means the United States Food and Drug 1926 Administration. 1927 (c)Meat has the same meaning as in 9 C.F.R. s. 301.2 and 1928 the Federal Meat Inspection Act. 1929 (d)Milk has the same meaning as in 21 C.F.R. s. 131.110 1930 and the Grade A pasteurized milk ordinance. 1931 (e)Poultry and poultry product have the same meanings 1932 as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act. 1933 (2)(a)In accordance with the established standard of 1934 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade 1935 A pasteurized milk ordinance, the department shall adopt rules 1936 to enforce the FDAs standard of identity for milk, as adopted 1937 in state law, to prohibit the sale of plant-based products 1938 mislabeled as milk in this state. 1939 (b)This subsection is effective upon the enactment into 1940 law of a mandatory labeling requirement to prohibit the sale of 1941 plant-based products mislabeled as milk that is consistent with 1942 this section by any 11 of the group of 14 states composed of 1943 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 1944 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, 1945 Texas, Virginia, and West Virginia. 1946 (3)(a)In accordance with the established standard of 1947 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal 1948 Meat Inspection Act, and both poultry and poultry products 1949 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection 1950 Act, the department shall adopt rules to enforce the FDAs 1951 standard of identity for meat, poultry, and poultry products as 1952 adopted in this section, to prohibit the sale of plant-based 1953 products mislabeled as meat, poultry, or poultry products in 1954 this state. 1955 (b)This subsection is effective upon the enactment into 1956 law of a mandatory labeling requirement to prohibit the sale of 1957 plant-based products mislabeled as meat, poultry, or poultry 1958 products which is consistent with this section by any 11 of the 1959 group of 14 states composed of Alabama, Arkansas, Florida, 1960 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, 1961 South Carolina, Tennessee, Texas, Virginia, and West Virginia. 1962 (4)(a)In accordance with the established standard of 1963 identity for eggs and egg products defined in 21 U.S.C. s. 1033 1964 and the Egg Products Inspection Act, the department shall adopt 1965 rules to enforce the FDAs standard of identity for eggs and egg 1966 products, as adopted in state law, to prohibit the sale of 1967 plant-based products mislabeled as egg or egg products in this 1968 state. 1969 (b)This subsection is effective upon the enactment into 1970 law of a mandatory labeling requirement to prohibit the sale of 1971 plant-based products mislabeled as egg or egg products that is 1972 consistent with this section by any 11 of the group of 14 states 1973 composed of Alabama, Arkansas, Florida, Georgia, Kentucky, 1974 Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, 1975 Tennessee, Texas, Virginia, and West Virginia. 1976 (5)The Department of Agriculture and Consumer Services 1977 shall notify the Division of Law Revision upon the enactment 1978 into law by any 11 of the group of 14 states composed of 1979 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 1980 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, 1981 Texas, Virginia, and West Virginia of the mandatory labeling 1982 requirements pursuant to subsections (2) and (3). 1983 (6)The department shall adopt rules to implement this 1984 section. 1985 (7)This section may not be construed to limit the 1986 departments authority to enforce its laws and regulations. 1987 Section 53.Section 501.135, Florida Statutes, is repealed. 1988 Section 54.Subsection (1) of section 501.912, Florida 1989 Statutes, is amended to read: 1990 501.912Definitions.As used in ss. 501.91-501.923: 1991 (1)Antifreeze means any substance or preparation, 1992 including, but not limited to, coolant, antifreeze-coolant, 1993 antifreeze and summer coolant, or summer coolant, that is sold, 1994 distributed, or intended for use: 1995 (a)As the cooling liquid, or to be added to the cooling 1996 liquid, in the cooling system of internal combustion engines of 1997 motor vehicles to prevent freezing of the cooling liquid or to 1998 lower its freezing point; or 1999 (b)To raise the boiling point of water, aid in vehicle 2000 component cooling, or for the prevention of engine overheating, 2001 whether or not the liquid is used as a year-round cooling system 2002 fluid. 2003 Section 55.Section 525.19, Florida Statutes, is created to 2004 read: 2005 525.19Petroleum registration. 2006 (1)The department shall create an annual petroleum 2007 registration program for petroleum owners or operators and shall 2008 adopt rules detailing the requirements for such registration 2009 that include, at minimum: 2010 (a)Name of the petroleum owner or operator; 2011 (b)Address of the petroleum owner or operator; 2012 (c)Phone number of the petroleum owner or operator; 2013 (d)E-mail address of the petroleum owner or operator; 2014 (e)Requirements for the transfer switch; 2015 (f)Fuel and petroleum infrastructure; and 2016 (g)Fuel and petroleum inventory and delivery information. 2017 (2)The registration program must be free for all 2018 registrants. 2019 (3)The department has the authority to require registrants 2020 to provide updates related to the status of infrastructure, 2021 inventory, and delivery information during a state of emergency 2022 as declared by an executive order issued by the Governor. 2023 Section 56.Section 526.147, Florida Statutes, is created 2024 to read: 2025 526.147Florida Retail Fuel Transfer Switch Modernization 2026 Grant Program. 2027 (1)(a)There is created, subject to appropriation, the 2028 Florida Retail Fuel Transfer Switch Modernization Grant Program 2029 within the Department of Agriculture and Consumer Services. 2030 (b)The grant program shall provide grant funds, not to 2031 exceed $10,000 per retail fuel facility, to be used for 2032 installation and equipment costs related to installing or 2033 modernizing transfer switch infrastructure at retail fuel 2034 facilities to allow for the continuity of fueling operations 2035 under generated power. 2036 (c)The department shall award funds based upon the 2037 following criteria: 2038 1.Up to $10,000, of costs for transfer switch purchase and 2039 installation for retail fuel locations in fiscally constrained 2040 counties as designated under s. 218.67(1). 2041 2.Up to $5,000, of costs for transfer switch purchase and 2042 installation for all other retail fuel locations. 2043 (d)Retail fuel facilities which are awarded grant funds 2044 must comply with s. 526.143 and must install a transfer switch 2045 capable of operating all fuel pumps, dispensing equipment, life 2046 safety systems, and payment acceptance equipment using an 2047 alternative generated power source. 2048 (e)Before being awarded funding from the department, 2049 retail fuel facilities must provide documentation on transfer 2050 switch installation and required generator sizing to the 2051 department. 2052 (f)Marinas and fueling facilities with fewer than 4 2053 fueling positions are excluded from being awarded funding 2054 through this program. 2055 (g)Fueling facilities subject to s. 526.143(2) are 2056 excluded from being awarded funding through this program. 2057 (2)The department, in consultation with the Division of 2058 Emergency Management, shall adopt rules to implement and 2059 administer this section, including establishing grant 2060 application processes for the Florida Retail Fuel Transfer 2061 Switch Modernization Grant Program. The rules must include 2062 application deadlines and establish the supporting documentation 2063 necessary to be provided to the department. 2064 Section 57.Section 531.48, Florida Statutes, is amended to 2065 read: 2066 531.48Declarations of unit price on random packages.In 2067 addition to the declarations required by s. 531.47, any package 2068 being one of a lot containing random weights of the same 2069 commodity must and bearing the total selling price of the 2070 package shall bear on the outside of the package a plain and 2071 conspicuous declaration of the price per single unit of weight 2072 and the total retail price of the package, as defined by 2073 department rule. 2074 Section 58.Section 531.49, Florida Statutes, is amended to 2075 read: 2076 531.49Advertising packages for sale.Whenever A packaged 2077 commodity is advertised in any manner with the retail price 2078 stated, there shall be closely and conspicuously associated with 2079 the retail price must have a declaration of quantity as is 2080 required by law or rule to appear on the package. 2081 Section 59.Present subsections (44), (45), and (46) of 2082 section 570.07, Florida Statutes, are redesignated as 2083 subsections (47), (48), and (49), respectively, and new 2084 subsections (44), (45), and (46) are added to that section, to 2085 read: 2086 570.07Department of Agriculture and Consumer Services; 2087 functions, powers, and duties.The department shall have and 2088 exercise the following functions, powers, and duties: 2089 (44)(a)To foster and encourage the employment and 2090 retention of qualified veterinary pathologists. The department 2091 may reimburse the educational expenses of qualified veterinary 2092 pathologists who enter into an agreement with the department to 2093 retain employment for a specified period of time. 2094 (b)The department shall adopt rules to administer this 2095 subsection. 2096 (45)Subject to appropriation, to extend state and national 2097 Future Farmers of America opportunities to any public school 2098 student enrolled in agricultural education, at little or no cost 2099 to the student or school district, and to support statewide 2100 Future Farmers of America programming that helps such students 2101 develop their potential for premier leadership, personal growth, 2102 and career success. 2103 (46)(a)Notwithstanding ss. 287.042 and 287.057, to use 2104 contracts procured by another agency. 2105 (b)As used in this subsection, the term agency has the 2106 same meaning as provided in s. 287.012. 2107 Section 60.Subsection (2) of section 570.544, Florida 2108 Statutes, is amended to read: 2109 570.544Division of Consumer Services; director; powers; 2110 processing of complaints; records. 2111 (2)The director shall supervise, direct, and coordinate 2112 the activities of the division and shall, under the direction of 2113 the department, enforce the provisions of ss. 366.94 and ss. 2114 604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526, 2115 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849. 2116 Section 61.Section 570.546, Florida Statutes, is created 2117 to read: 2118 570.546Licensing. 2119 (1)The department is authorized to: 2120 (a)Create a process for the bulk renewal of licenses which 2121 will allow licensees the ability, upon request, to submit all 2122 license applications of the same type, notwithstanding any 2123 provisions of law applicable to each application process. 2124 (b)Create a process that will allow licensees, upon 2125 request, to align the expiration dates of licenses within a 2126 statutory program. 2127 (c)Change the expiration dates for current licensees for 2128 the purpose of reducing large numbers of license expirations 2129 that occur during the same month. 2130 (2)The department shall prorate any licensing fee for 2131 which the term of the license was reduced for the purposes of 2132 alignment. 2133 (3)The department shall adopt rules to implement this 2134 section. 2135 Section 62.Section 570.694, Florida Statutes, is created 2136 to read: 2137 570.694Florida Aquaculture Foundation. 2138 (1)The Florida Aquaculture Foundation is established as a 2139 direct-support organization within the Department of Agriculture 2140 and Consumer Services. The purpose of the foundation is to: 2141 (a)Conduct programs and activities related to the 2142 assistance, promotion, and furtherance of aquaculture and 2143 aquaculture producers in this state. 2144 (b)Identify and pursue methods to provide statewide 2145 resources and materials for these programs. 2146 (2)The foundation shall be governed by s. 570.691. 2147 (3)The department is authorized to appoint an advisory 2148 committee adjunct to the foundation pursuant to s. 570.232. 2149 Section 63.Section 570.822, Florida Statutes, is amended 2150 to read: 2151 570.822Agriculture and Aquaculture Producers Emergency 2152 Natural Disaster Recovery Loan Program. 2153 (1)DEFINITIONS.As used in this section, the term: 2154 (a)Bona fide farm operation means a farm operation 2155 engaged in a good faith commercial agricultural use of land on 2156 land classified as agricultural pursuant to s. 193.461 or on 2157 sovereign submerged land that is leased to the applicant by the 2158 department pursuant to s. 597.010 and that produces agricultural 2159 products within the definition of agriculture under s. 570.02. 2160 (b)Declared emergency natural disaster means an 2161 emergency a natural disaster for which a state of emergency is 2162 declared pursuant to s. 252.36 or s. 570.07(21). 2163 (c)Department means the Department of Agriculture and 2164 Consumer Services. 2165 (d)Essential physical property means fences; equipment; 2166 structural production facilities, such as shade houses and 2167 greenhouses; or other agriculture or aquaculture facilities or 2168 infrastructure. 2169 (e)Program means the Agriculture and Aquaculture 2170 Producers Emergency Natural Disaster Recovery Loan Program. 2171 (2)USE OF LOAN FUNDS; LOAN TERMS. 2172 (a)The program is established within the department to 2173 make loans to agriculture and aquaculture producers that have 2174 experienced damage or destruction from a declared emergency 2175 natural disaster. Loan funds may be used to restore, repair, or 2176 replace essential physical property or remove vegetative debris 2177 from essential physical property, or restock aquaculture. A 2178 structure or building constructed using loan proceeds must 2179 comply with storm-hardening standards for nonresidential farm 2180 buildings as defined in s. 604.50(2). The department shall adopt 2181 such standards by rule. 2182 (b)The department may make a low-interest or interest-free 2183 loan to an eligible applicant. The maximum amount that an 2184 applicant may receive during the application period for a loan 2185 is $500,000. An applicant may not receive more than one loan per 2186 application period and no more than two loans per year or no 2187 more than five loans in any 3-year period. A loan term is 10 2188 years. 2189 (3)ELIGIBLE APPLICANTS.To be eligible for the program, an 2190 applicant must: 2191 (a)Own or lease a bona fide farm operation that is located 2192 in a county named in a declared emergency natural disaster and 2193 that was damaged or destroyed as a result of such declared 2194 emergency natural disaster. 2195 (b)Maintain complete and acceptable farm records, pursuant 2196 to criteria published by the department, and present them as 2197 proof of production levels and bona fide farm operations. 2198 (4)LOAN APPLICATION AND AGREEMENT. 2199 (a)Requests for loans must be made by application to the 2200 department. Upon a determination that funding for loans is 2201 available, the department shall publicly notice an application 2202 period for the declared emergency natural disaster, beginning 2203 within 60 days after the date of the declared emergency natural 2204 disaster and running up to 1 year after the date of the declared 2205 emergency natural disaster or until all available loan funds are 2206 exhausted, whichever occurs first. The application may be 2207 renewed upon a determination from the department and pursuant to 2208 an active declared emergency. 2209 (b)An applicant must demonstrate the need for financial 2210 assistance and an ability to repay or meet a standard credit 2211 rating determined by the department. 2212 (c)Loans must be made pursuant to written agreements 2213 specifying the terms and conditions agreed to by the approved 2214 applicant and the department. The loan agreement must specify 2215 that the loan is due upon sale if the property or other 2216 collateral for the loan is sold. 2217 (d)An approved applicant must agree to stay in production 2218 for the duration of the loan. A loan is not assumable. 2219 (5)LOAN SECURITY REQUIREMENTS.All loans must be secured 2220 by a lien, subordinate only to any mortgage held by a financial 2221 institution as defined in s. 655.005, on property or other 2222 collateral as set forth in the loan agreement. The specific type 2223 of collateral required may vary depending upon the loan purpose, 2224 repayment ability, and the particular circumstances of the 2225 applicant. The department shall record the lien in public 2226 records in the county where the property is located and, in the 2227 case of personal property, perfect the security interest by 2228 filing appropriate Uniform Commercial Code forms with the 2229 Florida Secured Transaction Registry as required pursuant to 2230 chapter 679. 2231 (6)LOAN REPAYMENT. 2232 (a)A loan is due and payable in accordance with the terms 2233 of the loan agreement. 2234 (b)The department shall defer payments for the first 3 2235 years of the loan. After 3 years, the department shall reduce 2236 the principal balance annually through the end of the loan term 2237 such that the original principal balance is reduced by 30 2238 percent. If the principal balance is repaid before the end of 2239 the 10th year, the applicant may not be required to pay more 2240 than 70 percent of the original principal balance. The approved 2241 applicant must continue to be actively engaged in production in 2242 order to receive the original principal balance reductions and 2243 must continue to meet the loan agreement terms to the 2244 satisfaction of the department. 2245 (c)An approved applicant may make payments on the loan at 2246 any time without penalty. Early repayment is encouraged as other 2247 funding sources or revenues become available to the approved 2248 applicant. 2249 (d)All repayments of principal and interest, if 2250 applicable, received by the department in a fiscal year must be 2251 returned to the loan fund and made available for loans to other 2252 applicants in the next application period. 2253 (e)The department may periodically review an approved 2254 applicant to determine whether he or she continues to be in 2255 compliance with the terms of the loan agreement. If the 2256 department finds that an applicant is no longer in production or 2257 has otherwise violated the loan agreement, the department may 2258 seek repayment of the full original principal balance 2259 outstanding, including any interest or costs, as applicable, and 2260 excluding any applied or anticipated original principal balance 2261 reductions. 2262 (f)The department may defer or waive loan payments if at 2263 any time during the repayment period of a loan, the approved 2264 applicant experiences a significant hardship such as crop loss 2265 from a weather-related event or from impacts from a natural 2266 disaster or declared emergency. 2267 (7)ADMINISTRATION. 2268 (a)The department shall create and maintain a separate 2269 account in the General Inspection Trust Fund as a fund for the 2270 program. All repayments must be returned to the loan fund and 2271 made available as provided in this section. Notwithstanding s. 2272 216.301, funds appropriated for the loan program are not subject 2273 to reversion. The department shall manage the fund, establishing 2274 loan practices that must include, but are not limited to, 2275 procedures for establishing loan interest rates, uses of 2276 funding, application procedures, and application review 2277 procedures. The department is authorized to contract with a 2278 third-party administrator to administer the program and manage 2279 the loan fund. A contract for a third-party administrator that 2280 includes management of the loan fund must, at a minimum, require 2281 maintenance of the loan fund to ensure that the program may 2282 operate in a revolving manner. 2283 (b)The department shall coordinate with other state 2284 agencies and other entities to ensure to the greatest extent 2285 possible that agriculture and aquaculture producers in this 2286 state have access to the maximum financial assistance available 2287 following a declared emergency natural disaster. The 2288 coordination must endeavor to ensure that there is no 2289 duplication of financial assistance between the loan program and 2290 other funding sources, such as any federal or other state 2291 programs, including public assistance requests to the Federal 2292 Emergency Management Agency or financial assistance from the 2293 United States Department of Agriculture, which could render the 2294 approved applicant ineligible for other financial assistance. 2295 (8)PUBLIC RECORDS EXEMPTION. 2296 (a)The following information held by the department 2297 pursuant to its administration of the program is exempt from s. 2298 119.07(1) and s. 24(a), Art. I of the State Constitution: 2299 1.Tax returns. 2300 2.Credit history information, credit reports, and credit 2301 scores. 2302 (b)This subsection does not prohibit the disclosure of 2303 information held by the department pursuant to its 2304 administration of the program in an aggregated and anonymized 2305 format. 2306 (c)This subsection is subject to the Open Government 2307 Sunset Review Act in accordance with s. 119.15 and shall stand 2308 repealed on October 2, 2029, unless reviewed and saved from 2309 repeal through reenactment by the Legislature. 2310 (9)RULES.The department shall adopt rules to implement 2311 this section. 2312 (10)REPORTS.By December 1, 2024, and each December 1 2313 thereafter, the department shall provide a report on program 2314 activities during the previous fiscal year to the President of 2315 the Senate and the Speaker of the House of Representatives. The 2316 report must include information on noticed application periods, 2317 the number and value of loans awarded under the program for each 2318 application period, the number and value of loans outstanding, 2319 the number and value of any loan repayments received, and an 2320 anticipated repayment schedule for all loans. 2321 (11)SUNSET.This section expires July 1, 2043, unless 2322 reviewed and saved from repeal through reenactment by the 2323 Legislature. 2324 Section 64.Section 570.823, Florida Statutes, is created 2325 to read: 2326 570.823Silviculture emergency recovery program. 2327 (1)DEFINITIONS.As used in this section, the term: 2328 (a)Bona fide farm operation means a farm operation 2329 engaged in a good faith commercial agricultural use of land on 2330 land classified as agricultural pursuant to s. 193.461 that 2331 produces agricultural products within the definition of 2332 agriculture under s. 570.02. 2333 (b)Declared emergency means an emergency for which a 2334 state of emergency is declared pursuant to s. 252.36 or s. 2335 570.07(21). 2336 (c)Department means the Department of Agriculture and 2337 Consumer Services. 2338 (d)Program means the silviculture emergency recovery 2339 program. 2340 (2)USE OF GRANT FUNDS; GRANT TERMS. 2341 (a)The silviculture emergency recovery program is 2342 established within the department to administer a grant program 2343 to assist timber landowners whose timber land was damaged as a 2344 result of a declared emergency. Grants provided to eligible 2345 timber landowners must be used for: 2346 1.Timber stand restoration, including downed tree removal 2347 on land which will retain the existing trees on site which are 2348 lightly or completely undamaged; 2349 2.Site preparation, and tree replanting; or 2350 3.Road and trail clearing on private timber lands to 2351 provide emergency access and facilitate salvage operations. 2352 (b)Only timber land located on lands classified as 2353 agricultural lands under s. 193.461 are eligible for the 2354 program. 2355 (c)The department shall coordinate with state agencies and 2356 other entities to ensure to the greatest extent possible that 2357 timber landowners have access to the maximum financial 2358 assistance available following a specified declared emergency. 2359 The coordination must endeavor to ensure that there is no 2360 duplication of financial assistance between these funds and 2361 other funding sources, such as any federal or other state 2362 programs, including public assistance requests to the Federal 2363 Emergency Management Agency or financial assistance from the 2364 United States Department of Agriculture, which would render the 2365 approved applicant ineligible for other financial assistance. 2366 (d)The department is authorized to adopt rules to 2367 implement this section, including emergency rules. 2368 Notwithstanding any other provision of law, emergency rules 2369 adopted pursuant to this subsection are effective for 6 months 2370 after adoption and may be renewed during the pendency of 2371 procedures to adopt permanent rules addressing the subject of 2372 the emergency rules. 2373 Section 65.Subsections (2) and (5) of section 581.1843, 2374 Florida Statutes, are amended to read: 2375 581.1843Citrus nursery stock propagation and production 2376 and the establishment of regulated areas around citrus 2377 nurseries. 2378 (2)Effective January 1, 2007, it is unlawful for any 2379 person to propagate for sale or movement any citrus nursery 2380 stock that was not propagated or grown on a site and within a 2381 protective structure approved by the department and that is not 2382 at least 1 mile away from commercial citrus groves. A citrus 2383 nursery registered with the department prior to April 1, 2006, 2384 shall not be required to comply with the 1-mile setback from 2385 commercial citrus groves while continuously operating at the 2386 same location for which it was registered. However, the nursery 2387 shall be required to propagate citrus within a protective 2388 structure approved by the department. Effective January 1, 2008, 2389 it is shall be unlawful to distribute any citrus nursery stock 2390 that was not produced in a protective structure approved by the 2391 department. 2392 (5)The department shall establish regulated areas around 2393 the perimeter of commercial citrus nurseries that were 2394 established on sites after April 1, 2006, not to exceed a radius 2395 of 1 mile. The planting of citrus in an established regulated 2396 area is prohibited. The planting of citrus within a 1-mile 2397 radius of commercial citrus nurseries that were established on 2398 sites prior to April 1, 2006, must be approved by the 2399 department. Citrus plants planted within a regulated area prior 2400 to the establishment of the regulated area may remain in the 2401 regulated area unless the department determines the citrus 2402 plants to be infected or infested with citrus canker or citrus 2403 greening. The department shall require the removal of infected 2404 or infested citrus, nonapproved planted citrus, and citrus that 2405 has sprouted by natural means in regulated areas. The property 2406 owner shall be responsible for the removal of citrus planted 2407 without proper approval. Notice of the removal of citrus trees, 2408 by immediate final order of the department, shall be provided to 2409 the owner of the property on which the trees are located. An 2410 immediate final order issued by the department under this 2411 section shall notify the property owner that the citrus trees, 2412 which are the subject of the immediate final order, must be 2413 removed and destroyed unless the property owner, no later than 2414 10 days after delivery of the immediate final order, requests 2415 and obtains a stay of the immediate final order from the 2416 district court of appeal with jurisdiction to review such 2417 requests. The property owner shall not be required to seek a 2418 stay from the department of the immediate final order prior to 2419 seeking a stay from the district court of appeal. 2420 Section 66.Sections 593.101, 593.102, 593.103, 593.104, 2421 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111, 2422 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116, 2423 and 593.117, Florida Statutes, are repealed. 2424 Section 67.Subsection (11) of section 595.404, Florida 2425 Statutes, is amended to read: 2426 595.404School food and other nutrition programs; powers 2427 and duties of the department.The department has the following 2428 powers and duties: 2429 (11)To adopt and implement an appeal process by rule, as 2430 required by federal regulations, for applicants and participants 2431 under the programs implemented pursuant to this chapter, 2432 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss. 2433 120.569 and 120.57-120.595. 2434 Section 68.Section 599.002, Florida Statutes, is amended 2435 to read: 2436 599.002Florida Wine Viticulture Advisory Council. 2437 (1)There is created within the Department of Agriculture 2438 and Consumer Services the Florida Wine Viticulture Advisory 2439 Council, to be composed consist of eight members as follows: the 2440 president of the Florida Wine and Grape Growers Association 2441 Florida Grape Growers Association or a designee thereof; a 2442 representative from the Institute of Food and Agricultural 2443 Sciences; a representative from the viticultural science program 2444 at Florida Agricultural and Mechanical University; and five 2445 additional commercial members, to be appointed for a 2-year term 2446 each by the Commissioner of Agriculture, including a wine 2447 producer, a fresh fruit producer, a nonwine product (juice, 2448 jelly, pie fillings, etc.) producer, and a viticultural nursery 2449 operator. 2450 (2)The meetings, powers and duties, procedures, and 2451 recordkeeping of the Florida Wine Viticulture Advisory Council 2452 shall be pursuant to s. 570.232. 2453 (3)The primary responsibilities of the Florida Wine 2454 Viticulture Advisory Council are to submit to the Commissioner 2455 of Agriculture, annually, the industrys recommendations for 2456 wine and viticultural research, promotion, and education and, as 2457 necessary, the industrys recommendations for revisions to the 2458 State Wine Viticulture Plan. 2459 Section 69.Section 599.003, Florida Statutes, is amended 2460 to read: 2461 599.003State Wine Viticulture Plan. 2462 (1)The Commissioner of Agriculture, in consultation with 2463 the Florida Wine Viticulture Advisory Council, shall develop and 2464 coordinate the implementation of the State Wine Viticulture 2465 Plan, which shall identify problems and constraints of the wine 2466 and viticulture industry, propose possible solutions to those 2467 problems, and develop planning mechanisms for the orderly growth 2468 of the industry, including: 2469 (a)Criteria for wine and viticultural research, service, 2470 and management priorities. 2471 (b)Additional proposed legislation that may be required. 2472 (c)Plans and goals to improve research and service 2473 capabilities at Florida Agricultural and Mechanical University 2474 and the University of Florida in their efforts to address 2475 current and future needs of the industry. 2476 (d)The potential for viticulture products in terms of 2477 market and needs for development. 2478 (e)Evaluation of wine policy alternatives, including, but 2479 not limited to, continued improvement in wine quality, blending 2480 considerations, promotion and advertising, labeling and vineyard 2481 designations, and development of production and marketing 2482 strategies. 2483 (f)Evaluation of production and fresh fruit policy 2484 alternatives, including, but not limited to, setting minimum 2485 grades and standards, promotion and advertising, development of 2486 production and marketing strategies, and setting minimum 2487 standards on types and quality of nursery plants. 2488 (g)Evaluation of policy alternatives for nonwine processed 2489 products, including, but not limited to, setting minimum quality 2490 standards and development of production and marketing 2491 strategies. 2492 (h)Research and service priorities for further development 2493 of the wine and viticulture industry. 2494 (i)The identification of state agencies and public and 2495 private institutions concerned with research, education, 2496 extension, services, planning, promotion, and marketing 2497 functions related to wine and viticultural development and the 2498 delineation of contributions and responsibilities. 2499 (j)Business planning, investment potential, financial 2500 risks, and economics of production and utilization. 2501 (2)A revision and update of the State Wine Viticulture 2502 Plan must shall be submitted biennially to the President of the 2503 Senate, the Speaker of the House of Representatives, and the 2504 chairs of appropriate committees of the Senate and House of 2505 Representatives, and a progress report and budget request must 2506 shall be submitted annually. 2507 Section 70.Paragraph (a) of subsection (2) and subsection 2508 (3) of section 599.004, Florida Statutes, are amended, and 2509 paragraph (d) is added to subsection (2) of that section, to 2510 read: 2511 599.004Florida Farm Winery Program; registration; logo; 2512 fees. 2513 (2)(a)The department, in coordination with the Florida 2514 Wine Viticulture Advisory Council, shall develop and designate 2515 by rule a Florida Farm Winery logo, emblem, and directional sign 2516 to guide the public to certified Florida Farm Wineries Winery 2517 tourist attractions. The logo and emblem of certified Florida 2518 Farm Winery signs must shall be uniform. 2519 (d)Wineries that fail to recertify annually or pay the 2520 licensing fee required in paragraph (c) are subject to having 2521 the signs referenced in paragraph (b) removed and will be 2522 responsible for all costs incurred by the Department of 2523 Transportation in connection with the removal. 2524 (3)All fees collected, except as otherwise provided by 2525 this section, shall be deposited into the Florida Wine 2526 Viticulture Trust Fund and used to develop consumer information 2527 on the native characteristics and proper use of wines. 2528 Section 71.Section 599.012, Florida Statutes, is amended 2529 to read: 2530 599.012Wine Viticulture Trust Fund; creation. 2531 (1)There is established the Viticulture Trust Fund within 2532 the Department of Agriculture and Consumer Services. The 2533 department shall use the moneys deposited in the trust fund 2534 pursuant to subsection (2) to do all the following: 2535 (a)Develop and coordinate the implementation of the State 2536 Viticulture Plan. 2537 (b)Promote viticulture products manufactured from products 2538 grown in the state. 2539 (c)Provide grants for viticultural research. 2540 (2)Fifty percent of the revenues collected from the excise 2541 taxes imposed under s. 564.06 on wine produced by manufacturers 2542 in this state from products grown in the state will be deposited 2543 in the Viticulture Trust Fund in accordance with that section. 2544 Section 72.Subsection (1) of section 616.12, Florida 2545 Statutes, is amended to read: 2546 616.12Licenses upon certain shows; distribution of fees; 2547 exemptions. 2548 (1)Each person who operates any traveling show, 2549 exhibition, amusement enterprise, carnival, vaudeville, exhibit, 2550 minstrel, rodeo, theatrical, game or test of skill, riding 2551 device, dramatic repertoire, other show or amusement, or 2552 concession, including a concession operating in a tent, 2553 enclosure, or other temporary structure, within the grounds of, 2554 and in connection with, any annual public fair held by a fair 2555 association shall pay the license taxes provided by law. 2556 However, if the association satisfies the requirements of this 2557 chapter, including securing the required fair permit from the 2558 department, the license taxes and local business tax authorized 2559 in chapter 205 are waived and the department shall issue a tax 2560 exemption certificate. The department shall adopt the proper 2561 forms and rules to administer this section, including the 2562 necessary tax exemption certificate, showing that the fair 2563 association has met all requirements and that the traveling 2564 show, exhibition, amusement enterprise, carnival, vaudeville, 2565 exhibit, minstrel, rodeo, theatrical, game or test of skill, 2566 riding device, dramatic repertoire, other show or amusement, or 2567 concession is exempt. 2568 Section 73.Section 687.16, Florida Statutes, is created to 2569 read: 2570 687.16Florida Farmer Financial Protection Act. 2571 (1)SHORT TITLE.This section may be cited as the Florida 2572 Farmer Financial Protection Act. 2573 (2)DEFINITIONS. 2574 (a)Agriculture producer means a person or company 2575 authorized to do business in this state and engaged in the 2576 production of goods derived from plants or animals, including, 2577 but not limited to, the growing of crops, silviculture, animal 2578 husbandry, or the production of livestock or dairy products. 2579 (b)Agritourism activity has the same meaning as provided 2580 in s. 570.86. 2581 (c)Commissioner means the Commissioner of Agriculture. 2582 (d)Company means a for-profit organization, association, 2583 corporation, partnership, joint venture, sole proprietorship, 2584 limited partnership, limited liability partnership, or limited 2585 liability company, including a wholly owned subsidiary, 2586 majority-owned subsidiary, parent company, or affiliate of those 2587 entities or business associations authorized to do business in 2588 this state. 2589 (e)Denies or restricts means refusing to provide 2590 services, terminating existing services, or restricting or 2591 burdening the scope or nature of services offered or provided. 2592 (f)Discriminate in the provision of financial services 2593 means to deny or restrict services and thereby decline to 2594 provide financial services. 2595 (g)ESG factor means any factor or consideration that is 2596 collateral to or not reasonably likely to affect or impact 2597 financial risk and includes the promotion, furtherance, or 2598 achievement of environmental, social, or political goals, 2599 objectives, or outcomes, which may include the agriculture 2600 producers greenhouse gas emissions, use of fossil-fuel derived 2601 fertilizer, or use of fossil-fuel powered machinery. 2602 (h)Farm means the land, buildings, support facilities, 2603 machinery, and other appurtenances used in the production of 2604 farm or aquaculture products. 2605 (i)Financial institution means a company authorized to 2606 do business in this state which has total assets of more than 2607 $100 million and offers financial services. A financial 2608 institution includes any affiliate or subsidiary company, even 2609 if that affiliate or subsidiary company is also a financial 2610 institution. 2611 (j)Financial service means any product or service that 2612 is of a financial nature and is offered by a financial 2613 institution. 2614 (3)FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS. 2615 (a)A financial institution may not discriminate in the 2616 provision of financial services to an agriculture producer 2617 based, in whole or in part, upon an ESG factor. 2618 (b)If a financial institution has made any ESG commitment 2619 related to agriculture, there is an inference that the 2620 institutions denial or restriction of a financial service to an 2621 agriculture producer violates paragraph (a). 2622 (c)A financial institution may overcome the inference in 2623 paragraph (b) by demonstrating that its denial or restriction of 2624 a financial service was based solely on documented risk 2625 analysis, and not on any ESG factor. 2626 (4)ENFORCEMENT; COMPENSATORY DAMAGES.The Attorney 2627 General, in consultation with the Office of Financial 2628 Regulation, is authorized to enforce subsection (3). Any 2629 violation of subsection (3) constitutes an unfair trade practice 2630 under part II of chapter 501 and the Attorney General is 2631 authorized to investigate and seek remedies as provided in 2632 general law. Actions for damages may be sought by an aggrieved 2633 party. 2634 Section 74.Paragraph (a) of subsection (3) of section 2635 741.0305, Florida Statutes, is amended to read: 2636 741.0305Marriage fee reduction for completion of 2637 premarital preparation course. 2638 (3)(a)All individuals electing to participate in a 2639 premarital preparation course shall choose from the following 2640 list of qualified instructors: 2641 1.A psychologist licensed under chapter 490. 2642 2.A clinical social worker licensed under chapter 491. 2643 3.A marriage and family therapist licensed under chapter 2644 491. 2645 4.A mental health counselor licensed under chapter 491. 2646 5.An official representative of a religious institution 2647 which is recognized under s. 496.404 s. 496.404(23), if the 2648 representative has relevant training. 2649 6.Any other provider designated by a judicial circuit, 2650 including, but not limited to, school counselors who are 2651 certified to offer such courses. Each judicial circuit may 2652 establish a roster of area course providers, including those who 2653 offer the course on a sliding fee scale or for free. 2654 Section 75.Paragraph (h) of subsection (2), subsection 2655 (3), paragraph (c) of subsection (6), and subsection (10) of 2656 section 790.06, Florida Statutes, are amended to read: 2657 790.06License to carry concealed weapon or concealed 2658 firearm. 2659 (2)The Department of Agriculture and Consumer Services 2660 shall issue a license if the applicant: 2661 (h)Demonstrates competence with a firearm by any one of 2662 the following: 2663 1.Completion of any hunter education or hunter safety 2664 course approved by the Fish and Wildlife Conservation Commission 2665 or a similar agency of another state; 2666 2.Completion of any National Rifle Association firearms 2667 safety or training course; 2668 3.Completion of any firearms safety or training course or 2669 class available to the general public offered by a law 2670 enforcement agency, junior college, college, or private or 2671 public institution or organization or firearms training school, 2672 using instructors certified by the National Rifle Association, 2673 Criminal Justice Standards and Training Commission, or the 2674 Department of Agriculture and Consumer Services; 2675 4.Completion of any law enforcement firearms safety or 2676 training course or class offered for security guards, 2677 investigators, special deputies, or any division or subdivision 2678 of a law enforcement agency or security enforcement; 2679 5.Presents evidence of equivalent experience with a 2680 firearm through participation in organized shooting competition 2681 or United States military service; 2682 6.Is licensed or has been licensed to carry a concealed 2683 weapon or concealed firearm in this state or a county or 2684 municipality of this state, unless such license has been revoked 2685 for cause; or 2686 7.Completion of any firearms training or safety course or 2687 class conducted by a state-certified or National Rifle 2688 Association certified firearms instructor; 2689 2690 A photocopy of a certificate of completion of any of the courses 2691 or classes; an affidavit from the instructor, school, club, 2692 organization, or group that conducted or taught such course or 2693 class attesting to the completion of the course or class by the 2694 applicant; or a copy of any document that shows completion of 2695 the course or class or evidences participation in firearms 2696 competition shall constitute evidence of qualification under 2697 this paragraph. A person who conducts a course pursuant to 2698 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 2699 an instructor, attests to the completion of such courses, must 2700 maintain records certifying that he or she observed the student 2701 safely handle and discharge the firearm in his or her physical 2702 presence and that the discharge of the firearm included live 2703 fire using a firearm and ammunition as defined in s. 790.001; 2704 (3)(a)The Department of Agriculture and Consumer Services 2705 shall deny a license if the applicant has been found guilty of, 2706 had adjudication of guilt withheld for, or had imposition of 2707 sentence suspended for one or more crimes of violence 2708 constituting a misdemeanor, unless 3 years have elapsed since 2709 probation or any other conditions set by the court have been 2710 fulfilled or the record has been sealed or expunged. The 2711 Department of Agriculture and Consumer Services shall revoke a 2712 license if the licensee has been found guilty of, had 2713 adjudication of guilt withheld for, or had imposition of 2714 sentence suspended for one or more crimes of violence within the 2715 preceding 3 years. The department shall, upon notification by a 2716 law enforcement agency, a court, clerks office, or the Florida 2717 Department of Law Enforcement and subsequent written 2718 verification, temporarily suspend a license or the processing of 2719 an application for a license if the licensee or applicant is 2720 arrested or formally charged with a crime that would disqualify 2721 such person from having a license under this section, until 2722 final disposition of the case. The department shall suspend a 2723 license or the processing of an application for a license if the 2724 licensee or applicant is issued an injunction that restrains the 2725 licensee or applicant from committing acts of domestic violence 2726 or acts of repeat violence. The department shall notify the 2727 licensee or applicant suspended under this section of his or her 2728 right to a hearing pursuant to chapter 120. A hearing conducted 2729 regarding the temporary suspension must be for the limited 2730 purpose of determining whether the licensee has been arrested or 2731 charged with a disqualifying crime or issued an injunction or 2732 court order. If the criminal case or injunction results in a 2733 nondisqualifying disposition, the department must issue an order 2734 lifting the suspension upon the applicant or licensees 2735 submission to the department of a certified copy of the final 2736 resolution. If the criminal case results in a disqualifying 2737 disposition, the suspension remains in effect and the department 2738 must proceed with denial or revocation proceedings pursuant to 2739 chapter 120. 2740 (b)This subsection may not be construed to limit, 2741 restrict, or inhibit the constitutional right to bear arms and 2742 carry a concealed weapon in this state. The Legislature finds it 2743 a matter of public policy and public safety that it is necessary 2744 to ensure that potentially disqualifying information about an 2745 applicant or licensee is investigated and processed in a timely 2746 manner by the department pursuant to this section. The 2747 Legislature intends to clarify that suspensions pursuant to this 2748 section are temporary, and the department has the duty to make 2749 an eligibility determination and issue a license in the time 2750 frame prescribed in this subsection. 2751 (6) 2752 (c)The Department of Agriculture and Consumer Services 2753 shall, within 90 days after the date of receipt of the items 2754 listed in subsection (5): 2755 1.Issue the license; or 2756 2.Deny the application based solely on the ground that the 2757 applicant fails to qualify under the criteria listed in 2758 subsection (2) or subsection (3). If the Department of 2759 Agriculture and Consumer Services denies the application, it 2760 shall notify the applicant in writing, stating the ground for 2761 denial and informing the applicant of any right to a hearing 2762 pursuant to chapter 120. 2763 3.In the event the result of the criminal history 2764 screening identifies department receives criminal history 2765 information related to a crime that may disqualify the applicant 2766 but does not contain with no final disposition of the crime or 2767 lacks sufficient information to make an eligibility 2768 determination on a crime which may disqualify the applicant, the 2769 time limitation prescribed by this paragraph may be extended for 2770 up to an additional 90 days from the receipt of the information 2771 suspended until receipt of the final disposition or proof of 2772 restoration of civil and firearm rights. The department may make 2773 a request for information to the jurisdiction where the criminal 2774 history information originated but must issue a license if it 2775 does not obtain a disposition or sufficient information to make 2776 an eligibility determination during the additional 90 days if 2777 the applicant is otherwise eligible. The department may take any 2778 action authorized in this section if it receives disqualifying 2779 criminal history information during the additional 90-day review 2780 or after issuance of a license. 2781 (10)A license issued under this section must shall be 2782 temporarily suspended as provided for in subparagraph (6)(c)3., 2783 or revoked pursuant to chapter 120 if the license was issued in 2784 error or if the licensee: 2785 (a)Is found to be ineligible under the criteria set forth 2786 in subsection (2); 2787 (b)Develops or sustains a physical infirmity which 2788 prevents the safe handling of a weapon or firearm; 2789 (c)Is convicted of a felony which would make the licensee 2790 ineligible to possess a firearm pursuant to s. 790.23; 2791 (d)Is found guilty of a crime under chapter 893, or 2792 similar laws of any other state, relating to controlled 2793 substances; 2794 (e)Is committed as a substance abuser under chapter 397, 2795 or is deemed a habitual offender under s. 856.011(3), or similar 2796 laws of any other state; 2797 (f)Is convicted of a second violation of s. 316.193, or a 2798 similar law of another state, within 3 years after a first 2799 conviction of such section or similar law of another state, even 2800 though the first violation may have occurred before the date on 2801 which the application was submitted; 2802 (g)Is adjudicated an incapacitated person under s. 2803 744.331, or similar laws of any other state; or 2804 (h)Is committed to a mental institution under chapter 394, 2805 or similar laws of any other state. 2806 2807 Notwithstanding s. 120.60(5), service of a notice of the 2808 suspension or revocation of a concealed weapon or concealed 2809 firearm license must be given by either certified mail, return 2810 receipt requested, to the licensee at his or her last known 2811 mailing address furnished to the Department of Agriculture and 2812 Consumer Services, or by personal service. If a notice given by 2813 certified mail is returned as undeliverable, a second attempt 2814 must be made to provide notice to the licensee at that address, 2815 by either first-class mail in an envelope, postage prepaid, 2816 addressed to the licensee at his or her last known mailing 2817 address furnished to the department, or, if the licensee has 2818 provided an e-mail address to the department, by e-mail. Such 2819 mailing by the department constitutes notice, and any failure by 2820 the licensee to receive such notice does not stay the effective 2821 date or term of the suspension or revocation. A request for 2822 hearing must be filed with the department within 21 days after 2823 notice is received by personal delivery, or within 26 days after 2824 the date the department deposits the notice in the United States 2825 mail (21 days plus 5 days for mailing). The department shall 2826 document its attempts to provide notice, and such documentation 2827 is admissible in the courts of this state and constitutes 2828 sufficient proof that notice was given. 2829 Section 76.Subsection (2) of section 812.0151, Florida 2830 Statutes, is amended to read: 2831 812.0151Retail fuel theft. 2832 (2)(a)A person commits a felony of the third degree, 2833 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2834 if he or she willfully, knowingly, and without authorization: 2835 1.Breaches a retail fuel dispenser or accesses any 2836 internal portion of a retail fuel dispenser; or 2837 2.Possesses any device constructed for the purpose of 2838 fraudulently altering, manipulating, or interrupting the normal 2839 functioning of a retail fuel dispenser; or 2840 3.Possesses any form of a payment instrument that can be 2841 used, alone or in conjunction with another access device, to 2842 authorize a fuel transaction or obtain fuel, including, but not 2843 limited to, a plastic payment card with a magnetic stripe or a 2844 chip encoded with account information or both, with the intent 2845 to defraud the fuel retailer, the authorized payment instrument 2846 financial account holder, or the banking institution that issued 2847 the payment instrument financial account. 2848 (b)A person commits a felony of the second degree, 2849 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2850 if he or she willfully, knowingly, and without authorization: 2851 1.Physically tampers with, manipulates, removes, replaces, 2852 or interrupts any mechanical or electronic component located on 2853 within the internal or external portion of a retail fuel 2854 dispenser; or 2855 2.Uses any form of electronic communication to 2856 fraudulently alter, manipulate, or interrupt the normal 2857 functioning of a retail fuel dispenser. 2858 (c)A person commits a felony of the third degree, 2859 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2860 if he or she: 2861 1.Obtains fuel as a result of violating paragraph (a) or 2862 paragraph (b); or 2863 2.Modifies a vehicles factory installed fuel tank or 2864 possesses any item used to hold fuel which was not fitted to a 2865 vehicle or conveyance at the time of manufacture with the intent 2866 to use such fuel tank or item to hold or transport fuel obtained 2867 as a result of violating paragraph (a) or paragraph (b); or 2868 3.Uses any form of a payment instrument that can be used, 2869 alone or in conjunction with another access device, to authorize 2870 a fuel transaction or obtain fuel, including, but not limited 2871 to, a plastic payment card with a magnetic stripe or a chip 2872 encoded with account information or both, with the intent to 2873 defraud the fuel retailer, the authorized payment instrument 2874 financial account holder, or the banking institution that issued 2875 the payment instrument financial account. 2876 Section 77.Section 812.136, Florida Statutes, is created 2877 to read: 2878 812.136Mail theft. 2879 (1)As used in this section, unless the context otherwise 2880 requires: 2881 (a)Mail means any letter, postal card, parcel, envelope, 2882 package, bag, or any other sealed article addressed to another, 2883 along with its contents. 2884 (b)Mail depository means a mail box, letter box, mail 2885 route, or mail receptacle of a postal service, an office of a 2886 postal service, or mail carrier of a postal service, or a 2887 vehicle of a postal service. 2888 (c)Postal service means the United States Postal Service 2889 or its contractors, or any commercial courier that delivers 2890 mail. 2891 (2)Any of the following acts constitutes mail theft: 2892 (a)Removing mail from a mail depository or taking mail 2893 from a mail carrier of a postal service with an intent to steal. 2894 (b)Obtaining custody of mail by fraud or deception with an 2895 intent to steal. 2896 (c)Selling, receiving, possessing, transferring, buying, 2897 or concealing mail obtained by acts described in paragraph (a) 2898 or paragraph (b) of this subsection, while knowing or having 2899 reason to know the mail was obtained illegally. 2900 (3)Any of the following constitutes theft of or 2901 unauthorized reproduction of a mail depository key or lock: 2902 (a)Stealing or obtaining by false pretense any key or lock 2903 adopted by a postal service for a mail depository or other 2904 authorized receptacle for the deposit or delivery of mail. 2905 (b)Knowingly and unlawfully making, forging, or 2906 counterfeiting any such key or possessing any such key or lock 2907 adopted by a postal service with the intent to unlawfully or 2908 improperly use, sell, or otherwise dispose of the key or lock, 2909 or to cause the key or lock to be unlawfully or improperly used, 2910 sold, or otherwise disposed. 2911 (4)The first violation of this section constitutes a 2912 misdemeanor of the first degree, punishable by a term of 2913 imprisonment not exceeding 1 year pursuant to s. 775.082(4)(a) 2914 or a fine not to exceed $1,000 pursuant to s. 775.083(1)(d), or 2915 both. A second or subsequent violation of this section 2916 constitutes a felony of the third degree, punishable by a term 2917 of imprisonment not exceeding 5 years pursuant to s. 2918 775.82(3)(e) or a fine not to exceed $5,000 pursuant to s. 2919 775.083(1)(c), or both. 2920 Section 78.Paragraph (i) of subsection (4) of section 2921 934.50, Florida Statutes, is amended to read: 2922 934.50Searches and seizure using a drone. 2923 (4) EXCEPTIONS.This section does not prohibit the use of a 2924 drone: 2925 (i) By a person or an entity engaged in a business or 2926 profession licensed by the state, or by an agent, employee, or 2927 contractor thereof, if the drone is used only to perform 2928 reasonable tasks within the scope of practice or activities 2929 permitted under such persons or entitys license. However, this 2930 exception does not apply to a profession in which the licensees 2931 authorized scope of practice includes obtaining information 2932 about the identity, habits, conduct, movements, whereabouts, 2933 affiliations, associations, transactions, reputation, or 2934 character of any society, person, or group of persons. 2935 Section 79.Section 1013.373, Florida Statutes, is created 2936 to read: 2937 1013.373Educational facilities used for agricultural 2938 education. 2939 (1)Notwithstanding any other provision of law, a local 2940 government may not adopt any ordinance, regulation, rule, or 2941 policy to prohibit, restrict, regulate, or otherwise limit any 2942 activities of public educational facilities and auxiliary 2943 facilities constructed by a board for agricultural education, 2944 for Future Farmers of America or 4-H activities, or the storage 2945 of any animal or equipment therein. 2946 (2)Lands used for agricultural education or for Future 2947 Farmers of America or 4-H activities are considered agricultural 2948 lands pursuant to s. 193.461 and subject to s. 823.14. 2949 Section 80.For the purpose of incorporating the amendment 2950 made by this act to section 110.205, Florida Statutes, in a 2951 reference thereto, paragraph (a) of subsection (5) of section 2952 295.07, Florida Statutes, is reenacted to read: 2953 295.07Preference in appointment and retention. 2954 (5)The following positions are exempt from this section: 2955 (a)Those positions that are exempt from the state Career 2956 Service System under s. 110.205(2); however, all positions under 2957 the University Support Personnel System of the State University 2958 System as well as all Career Service System positions under the 2959 Florida College System and the School for the Deaf and the 2960 Blind, or the equivalent of such positions at state 2961 universities, Florida College System institutions, or the School 2962 for the Deaf and the Blind, are not exempt. 2963 Section 81.For the purpose of incorporating the amendment 2964 made by this act to section 193.461, Florida Statutes, in a 2965 reference thereto, paragraph (r) of subsection (1) of section 2966 125.01, Florida Statutes, is reenacted to read: 2967 125.01Powers and duties. 2968 (1)The legislative and governing body of a county shall 2969 have the power to carry on county government. To the extent not 2970 inconsistent with general or special law, this power includes, 2971 but is not restricted to, the power to: 2972 (r)Levy and collect taxes, both for county purposes and 2973 for the providing of municipal services within any municipal 2974 service taxing unit, and special assessments; borrow and expend 2975 money; and issue bonds, revenue certificates, and other 2976 obligations of indebtedness, which power shall be exercised in 2977 such manner, and subject to such limitations, as may be provided 2978 by general law. There shall be no referendum required for the 2979 levy by a county of ad valorem taxes, both for county purposes 2980 and for the providing of municipal services within any municipal 2981 service taxing unit. 2982 1.Notwithstanding any other provision of law, a county may 2983 not levy special assessments on lands classified as agricultural 2984 lands under s. 193.461 unless the revenue from such assessments 2985 has been pledged for debt service and is necessary to meet 2986 obligations of bonds or certificates issued by the county which 2987 remain outstanding on July 1, 2023, including refundings thereof 2988 for debt service savings where the maturity of the debt is not 2989 extended. For bonds or certificates issued after July 1, 2023, 2990 special assessments securing such bonds may not be levied on 2991 lands classified as agricultural under s. 193.461. 2992 2.The provisions of subparagraph 1. do not apply to 2993 residential structures and their curtilage. 2994 Section 82.For the purpose of incorporating the amendment 2995 made by this act to section 193.461, Florida Statutes, in 2996 references thereto, paragraphs (a) through (d) of subsection (3) 2997 of section 163.3162, Florida Statutes, are reenacted to read: 2998 163.3162Agricultural lands and practices. 2999 (3)DUPLICATION OF REGULATION.Except as otherwise provided 3000 in this section and s. 487.051(2), and notwithstanding any other 3001 law, including any provision of chapter 125 or this chapter: 3002 (a)A governmental entity may not exercise any of its 3003 powers to adopt or enforce any ordinance, resolution, 3004 regulation, rule, or policy to prohibit, restrict, regulate, or 3005 otherwise limit an activity of a bona fide farm operation on 3006 land classified as agricultural land pursuant to s. 193.461, if 3007 such activity is regulated through implemented best management 3008 practices, interim measures, or regulations adopted as rules 3009 under chapter 120 by the Department of Environmental Protection, 3010 the Department of Agriculture and Consumer Services, or a water 3011 management district as part of a statewide or regional program; 3012 or if such activity is expressly regulated by the United States 3013 Department of Agriculture, the United States Army Corps of 3014 Engineers, or the United States Environmental Protection Agency. 3015 (b)A governmental entity may not charge a fee on a 3016 specific agricultural activity of a bona fide farm operation on 3017 land classified as agricultural land pursuant to s. 193.461, if 3018 such agricultural activity is regulated through implemented best 3019 management practices, interim measures, or regulations adopted 3020 as rules under chapter 120 by the Department of Environmental 3021 Protection, the Department of Agriculture and Consumer Services, 3022 or a water management district as part of a statewide or 3023 regional program; or if such agricultural activity is expressly 3024 regulated by the United States Department of Agriculture, the 3025 United States Army Corps of Engineers, or the United States 3026 Environmental Protection Agency. 3027 (c)A governmental entity may not charge an assessment or 3028 fee for stormwater management on a bona fide farm operation on 3029 land classified as agricultural land pursuant to s. 193.461, if 3030 the farm operation has a National Pollutant Discharge 3031 Elimination System permit, environmental resource permit, or 3032 works-of-the-district permit or implements best management 3033 practices adopted as rules under chapter 120 by the Department 3034 of Environmental Protection, the Department of Agriculture and 3035 Consumer Services, or a water management district as part of a 3036 statewide or regional program. 3037 (d)For each governmental entity that, before March 1, 3038 2009, adopted a stormwater utility ordinance or resolution, 3039 adopted an ordinance or resolution establishing a municipal 3040 services benefit unit, or adopted a resolution stating the 3041 governmental entitys intent to use the uniform method of 3042 collection pursuant to s. 197.3632 for such stormwater 3043 ordinances, the governmental entity may continue to charge an 3044 assessment or fee for stormwater management on a bona fide farm 3045 operation on land classified as agricultural pursuant to s. 3046 193.461, if the ordinance or resolution provides credits against 3047 the assessment or fee on a bona fide farm operation for the 3048 water quality or flood control benefit of: 3049 1.The implementation of best management practices adopted 3050 as rules under chapter 120 by the Department of Environmental 3051 Protection, the Department of Agriculture and Consumer Services, 3052 or a water management district as part of a statewide or 3053 regional program; 3054 2.The stormwater quality and quantity measures required as 3055 part of a National Pollutant Discharge Elimination System 3056 permit, environmental resource permit, or works-of-the-district 3057 permit; or 3058 3.The implementation of best management practices or 3059 alternative measures which the landowner demonstrates to the 3060 governmental entity to be of equivalent or greater stormwater 3061 benefit than those provided by implementation of best management 3062 practices adopted as rules under chapter 120 by the Department 3063 of Environmental Protection, the Department of Agriculture and 3064 Consumer Services, or a water management district as part of a 3065 statewide or regional program, or stormwater quality and 3066 quantity measures required as part of a National Pollutant 3067 Discharge Elimination System permit, environmental resource 3068 permit, or works-of-the-district permit. 3069 Section 83.For the purpose of incorporating the amendment 3070 made by this act to section 193.461, Florida Statutes, in a 3071 reference thereto, paragraph (c) of subsection (3) of section 3072 163.3163, Florida Statutes, is reenacted to read: 3073 163.3163Applications for development permits; disclosure 3074 and acknowledgment of contiguous sustainable agricultural land. 3075 (3)As used in this section, the term: 3076 (c)Sustainable agricultural land means land classified 3077 as agricultural land pursuant to s. 193.461 which is used for a 3078 farm operation that uses current technology, based on science or 3079 research and demonstrated measurable increases in productivity, 3080 to meet future food, feed, fiber, and energy needs, while 3081 considering the environmental impacts and the social and 3082 economic benefits to the rural communities. 3083 Section 84.For the purpose of incorporating the amendment 3084 made by this act to section 193.461, Florida Statutes, in a 3085 reference thereto, subsection (4) of section 163.3164, Florida 3086 Statutes, is reenacted to read: 3087 163.3164Community Planning Act; definitions.As used in 3088 this act: 3089 (4)Agricultural enclave means an unincorporated, 3090 undeveloped parcel that: 3091 (a)Is owned by a single person or entity; 3092 (b)Has been in continuous use for bona fide agricultural 3093 purposes, as defined by s. 193.461, for a period of 5 years 3094 prior to the date of any comprehensive plan amendment 3095 application; 3096 (c)Is surrounded on at least 75 percent of its perimeter 3097 by: 3098 1.Property that has existing industrial, commercial, or 3099 residential development; or 3100 2.Property that the local government has designated, in 3101 the local governments comprehensive plan, zoning map, and 3102 future land use map, as land that is to be developed for 3103 industrial, commercial, or residential purposes, and at least 75 3104 percent of such property is existing industrial, commercial, or 3105 residential development; 3106 (d)Has public services, including water, wastewater, 3107 transportation, schools, and recreation facilities, available or 3108 such public services are scheduled in the capital improvement 3109 element to be provided by the local government or can be 3110 provided by an alternative provider of local government 3111 infrastructure in order to ensure consistency with applicable 3112 concurrency provisions of s. 163.3180; and 3113 (e)Does not exceed 1,280 acres; however, if the property 3114 is surrounded by existing or authorized residential development 3115 that will result in a density at buildout of at least 1,000 3116 residents per square mile, then the area shall be determined to 3117 be urban and the parcel may not exceed 4,480 acres. 3118 Section 85.For the purpose of incorporating the amendment 3119 made by this act to section 193.461, Florida Statutes, in a 3120 reference thereto, subsection (5) of section 163.3194, Florida 3121 Statutes, is reenacted to read: 3122 163.3194Legal status of comprehensive plan. 3123 (5)The tax-exempt status of lands classified as 3124 agricultural under s. 193.461 shall not be affected by any 3125 comprehensive plan adopted under this act as long as the land 3126 meets the criteria set forth in s. 193.461. 3127 Section 86.For the purpose of incorporating the amendment 3128 made by this act to section 193.461, Florida Statutes, in a 3129 reference thereto, subsection (4) of section 170.01, Florida 3130 Statutes, is reenacted to read: 3131 170.01Authority for providing improvements and levying and 3132 collecting special assessments against property benefited. 3133 (4)Notwithstanding any other provision of law, a 3134 municipality may not levy special assessments for the provision 3135 of fire protection services on lands classified as agricultural 3136 lands under s. 193.461 unless the land contains a residential 3137 dwelling or nonresidential farm building, with the exception of 3138 an agricultural pole barn, provided the nonresidential farm 3139 building exceeds a just value of $10,000. Such special 3140 assessments must be based solely on the special benefit accruing 3141 to that portion of the land consisting of the residential 3142 dwelling and curtilage, and qualifying nonresidential farm 3143 buildings. As used in this subsection, the term agricultural 3144 pole barn means a nonresidential farm building in which 70 3145 percent or more of the perimeter walls are permanently open and 3146 allow free ingress and egress. 3147 Section 87.For the purpose of incorporating the amendment 3148 made by this act to section 193.461, Florida Statutes, in a 3149 reference thereto, subsection (2) of section 193.052, Florida 3150 Statutes, is reenacted to read: 3151 193.052Preparation and serving of returns. 3152 (2)No return shall be required for real property the 3153 ownership of which is reflected in instruments recorded in the 3154 public records of the county in which the property is located, 3155 unless otherwise required in this title. In order for land to be 3156 considered for agricultural classification under s. 193.461 or 3157 high-water recharge classification under s. 193.625, an 3158 application for classification must be filed on or before March 3159 1 of each year with the property appraiser of the county in 3160 which the land is located, except as provided in s. 3161 193.461(3)(a). The application must state that the lands on 3162 January 1 of that year were used primarily for bona fide 3163 commercial agricultural or high-water recharge purposes. 3164 Section 88.For the purpose of incorporating the amendment 3165 made by this act to section 193.461, Florida Statutes, in a 3166 reference thereto, section 193.4615, Florida Statutes, is 3167 reenacted to read: 3168 193.4615Assessment of obsolete agricultural equipment.For 3169 purposes of ad valorem property taxation, agricultural equipment 3170 that is located on property classified as agricultural under s. 3171 193.461 and that is no longer usable for its intended purpose 3172 shall be deemed to have a market value no greater than its value 3173 for salvage. 3174 Section 89.For the purpose of incorporating the amendment 3175 made by this act to section 193.461, Florida Statutes, in 3176 references thereto, paragraph (a) of subsection (5) and 3177 paragraph (a) of subsection (19) of section 212.08, Florida 3178 Statutes, are reenacted to read: 3179 212.08Sales, rental, use, consumption, distribution, and 3180 storage tax; specified exemptions.The sale at retail, the 3181 rental, the use, the consumption, the distribution, and the 3182 storage to be used or consumed in this state of the following 3183 are hereby specifically exempt from the tax imposed by this 3184 chapter. 3185 (5)EXEMPTIONS; ACCOUNT OF USE. 3186 (a)Items in agricultural use and certain nets.There are 3187 exempt from the tax imposed by this chapter nets designed and 3188 used exclusively by commercial fisheries; disinfectants, 3189 fertilizers, insecticides, pesticides, herbicides, fungicides, 3190 and weed killers used for application on crops or groves, 3191 including commercial nurseries and home vegetable gardens, used 3192 in dairy barns or on poultry farms for the purpose of protecting 3193 poultry or livestock, or used directly on poultry or livestock; 3194 animal health products that are administered to, applied to, or 3195 consumed by livestock or poultry to alleviate pain or cure or 3196 prevent sickness, disease, or suffering, including, but not 3197 limited to, antiseptics, absorbent cotton, gauze for bandages, 3198 lotions, vaccines, vitamins, and worm remedies; aquaculture 3199 health products that are used by aquaculture producers, as 3200 defined in s. 597.0015, to prevent or treat fungi, bacteria, and 3201 parasitic diseases; portable containers or movable receptacles 3202 in which portable containers are placed, used for processing 3203 farm products; field and garden seeds, including flower seeds; 3204 nursery stock, seedlings, cuttings, or other propagative 3205 material purchased for growing stock; seeds, seedlings, 3206 cuttings, and plants used to produce food for human consumption; 3207 cloth, plastic, and other similar materials used for shade, 3208 mulch, or protection from frost or insects on a farm; hog wire 3209 and barbed wire fencing, including gates and materials used to 3210 construct or repair such fencing, used in agricultural 3211 production on lands classified as agricultural lands under s. 3212 193.461; materials used to construct or repair permanent or 3213 temporary fencing used to contain, confine, or process cattle, 3214 including gates and energized fencing systems, used in 3215 agricultural operations on lands classified as agricultural 3216 lands under s. 193.461; stakes used by a farmer to support 3217 plants during agricultural production; generators used on 3218 poultry farms; and liquefied petroleum gas or other fuel used to 3219 heat a structure in which started pullets or broilers are 3220 raised; however, such exemption is not allowed unless the 3221 purchaser or lessee signs a certificate stating that the item to 3222 be exempted is for the exclusive use designated herein. Also 3223 exempt are cellophane wrappers, glue for tin and glass 3224 (apiarists), mailing cases for honey, shipping cases, window 3225 cartons, and baling wire and twine used for baling hay, when 3226 used by a farmer to contain, produce, or process an agricultural 3227 commodity. 3228 (19)FLORIDA FARM TEAM CARD. 3229 (a)Notwithstanding any other law, a farmer whose property 3230 has been classified as agricultural pursuant to s. 193.461 or 3231 who has implemented agricultural best management practices 3232 adopted by the Department of Agriculture and Consumer Services 3233 pursuant to s. 403.067(7)(c)2. may apply to the department for a 3234 Florida farm tax exempt agricultural materials (TEAM) card to 3235 claim the applicable sales tax exemptions provided in this 3236 section. A farmer may present the Florida farm TEAM card to a 3237 selling dealer in lieu of a certificate or affidavit otherwise 3238 required by this chapter. 3239 Section 90.For the purpose of incorporating the amendment 3240 made by this act to section 193.461, Florida Statutes, in a 3241 reference thereto, subsection (2) of section 373.406, Florida 3242 Statutes, is reenacted to read: 3243 373.406Exemptions.The following exemptions shall apply: 3244 (2)Notwithstanding s. 403.927, nothing herein, or in any 3245 rule, regulation, or order adopted pursuant hereto, shall be 3246 construed to affect the right of any person engaged in the 3247 occupation of agriculture, silviculture, floriculture, or 3248 horticulture to alter the topography of any tract of land, 3249 including, but not limited to, activities that may impede or 3250 divert the flow of surface waters or adversely impact wetlands, 3251 for purposes consistent with the normal and customary practice 3252 of such occupation in the area. However, such alteration or 3253 activity may not be for the sole or predominant purpose of 3254 impeding or diverting the flow of surface waters or adversely 3255 impacting wetlands. This exemption applies to lands classified 3256 as agricultural pursuant to s. 193.461 and to activities 3257 requiring an environmental resource permit pursuant to this 3258 part. This exemption does not apply to any activities previously 3259 authorized by an environmental resource permit or a management 3260 and storage of surface water permit issued pursuant to this part 3261 or a dredge and fill permit issued pursuant to chapter 403. This 3262 exemption has retroactive application to July 1, 1984. 3263 Section 91.For the purpose of incorporating the amendment 3264 made by this act to section 193.461, Florida Statutes, in a 3265 reference thereto, paragraph (a) of subsection (11) of section 3266 403.182, Florida Statutes, is reenacted to read: 3267 403.182Local pollution control programs. 3268 (11)(a)Notwithstanding this section or any existing local 3269 pollution control programs, the Secretary of Environmental 3270 Protection has exclusive jurisdiction in setting standards or 3271 procedures for evaluating environmental conditions and assessing 3272 potential liability for the presence of contaminants on land 3273 that is classified as agricultural land pursuant to s. 193.461 3274 and being converted to a nonagricultural use. The exclusive 3275 jurisdiction includes defining what constitutes all appropriate 3276 inquiry consistent with 40 C.F.R. part 312 and guidance 3277 thereunder. 3278 Section 92.For the purpose of incorporating the amendment 3279 made by this act to section 193.461, Florida Statutes, in a 3280 reference thereto, subsection (4) of section 403.9337, Florida 3281 Statutes, is reenacted to read: 3282 403.9337Model Ordinance for Florida-Friendly Fertilizer 3283 Use on Urban Landscapes. 3284 (4)This section does not apply to the use of fertilizer on 3285 farm operations as defined in s. 823.14 or on lands classified 3286 as agricultural lands pursuant to s. 193.461. 3287 Section 93.For the purpose of incorporating the amendment 3288 made by this act to section 193.461, Florida Statutes, in a 3289 reference thereto, paragraph (d) of subsection (2) of section 3290 472.029, Florida Statutes, is reenacted to read: 3291 472.029Authorization to enter lands of third parties; 3292 conditions. 3293 (2)LIABILITY AND DUTY OF CARE ON AGRICULTURAL LAND. 3294 (d)This subsection applies only to land classified as 3295 agricultural pursuant to s. 193.461. 3296 Section 94.For the purpose of incorporating the amendment 3297 made by this act to section 193.461, Florida Statutes, in a 3298 reference thereto, subsection (5) of section 474.2021, Florida 3299 Statutes, is reenacted to read: 3300 474.2021Veterinary telehealth. 3301 (5)A veterinarian personally acquainted with the caring 3302 and keeping of an animal or group of animals on food-producing 3303 animal operations on land classified as agricultural pursuant to 3304 s. 193.461 who has recently seen the animal or group of animals 3305 or has made medically appropriate and timely visits to the 3306 premises where the animal or group of animals is kept may 3307 practice veterinary telehealth for animals on such operations. 3308 Section 95.For the purpose of incorporating the amendment 3309 made by this act to section 193.461, Florida Statutes, in a 3310 reference thereto, paragraph (d) of subsection (4) of section 3311 474.2165, Florida Statutes, is reenacted to read: 3312 474.2165Ownership and control of veterinary medical 3313 patient records; report or copies of records to be furnished. 3314 (4)Except as otherwise provided in this section, such 3315 records may not be furnished to, and the medical condition of a 3316 patient may not be discussed with, any person other than the 3317 client or the clients legal representative or other 3318 veterinarians involved in the care or treatment of the patient, 3319 except upon written authorization of the client. However, such 3320 records may be furnished without written authorization under the 3321 following circumstances: 3322 (d)In any criminal action or situation where a 3323 veterinarian suspects a criminal violation. If a criminal 3324 violation is suspected, a veterinarian may, without notice to or 3325 authorization from the client, report the violation to a law 3326 enforcement officer, an animal control officer who is certified 3327 pursuant to s. 828.27(4)(a), or an agent appointed under s. 3328 828.03. However, if a suspected violation occurs at a commercial 3329 food-producing animal operation on land classified as 3330 agricultural under s. 193.461, the veterinarian must provide 3331 notice to the client or the clients legal representative before 3332 reporting the suspected violation to an officer or agent under 3333 this paragraph. The report may not include written medical 3334 records except upon the issuance of an order from a court of 3335 competent jurisdiction. 3336 Section 96.For the purpose of incorporating the amendment 3337 made by this act to section 193.461, Florida Statutes, in a 3338 reference thereto, subsection (6) of section 487.081, Florida 3339 Statutes, is reenacted to read: 3340 487.081Exemptions. 3341 (6)The Department of Environmental Protection is not 3342 authorized to institute proceedings against any property owner 3343 or leaseholder of property under the provisions of s. 376.307(5) 3344 to recover any costs or damages associated with pesticide 3345 contamination of soil or water, or the evaluation, assessment, 3346 or remediation of pesticide contamination of soil or water, 3347 including sampling, analysis, and restoration of soil or potable 3348 water supplies, subject to the following conditions: 3349 (a)The pesticide contamination of soil or water is 3350 determined to be the result of the use of pesticides by the 3351 property owner or leaseholder, in accordance with state and 3352 federal law, applicable registered labels, and rules on property 3353 classified as agricultural land pursuant to s. 193.461; 3354 (b)The property owner or leaseholder maintains records of 3355 such pesticide applications and such records are provided to the 3356 department upon request; 3357 (c)In the event of pesticide contamination of soil or 3358 water, the department, upon request, shall make such records 3359 available to the Department of Environmental Protection; 3360 (d)This subsection does not limit regulatory authority 3361 under a federally delegated or approved program; and 3362 (e)This subsection is remedial in nature and shall apply 3363 retroactively. 3364 3365 The department, in consultation with the secretary of the 3366 Department of Environmental Protection, may adopt rules 3367 prescribing the format, content, and retention time for records 3368 to be maintained under this subsection. 3369 Section 97.For the purpose of incorporating the amendment 3370 made by this act to section 193.461, Florida Statutes, in a 3371 reference thereto, subsection (1) of section 570.85, Florida 3372 Statutes, is reenacted to read: 3373 570.85Agritourism. 3374 (1)It is the intent of the Legislature to promote 3375 agritourism as a way to support bona fide agricultural 3376 production by providing a stream of revenue and by educating the 3377 general public about the agricultural industry. It is also the 3378 intent of the Legislature to eliminate duplication of regulatory 3379 authority over agritourism as expressed in this section. Except 3380 as otherwise provided for in this section, and notwithstanding 3381 any other law, a local government may not adopt or enforce a 3382 local ordinance, regulation, rule, or policy that prohibits, 3383 restricts, regulates, or otherwise limits an agritourism 3384 activity on land classified as agricultural land under s. 3385 193.461. This subsection does not limit the powers and duties of 3386 a local government to address substantial offsite impacts of 3387 agritourism activities or an emergency as provided in chapter 3388 252. 3389 Section 98.For the purpose of incorporating the amendment 3390 made by this act to section 193.461, Florida Statutes, in a 3391 reference thereto, subsection (1) of section 570.87, Florida 3392 Statutes, is reenacted to read: 3393 570.87Agritourism participation impact on land 3394 classification. 3395 (1)In order to promote and perpetuate agriculture 3396 throughout this state, farm operations are encouraged to engage 3397 in agritourism. An agricultural classification pursuant to s. 3398 193.461 may not be denied or revoked solely due to the conduct 3399 of agritourism activity on a bona fide farm or the construction, 3400 alteration, or maintenance of a nonresidential farm building, 3401 structure, or facility on a bona fide farm which is used to 3402 conduct agritourism activities. So long as the building, 3403 structure, or facility is an integral part of the agricultural 3404 operation, the land it occupies shall be considered agricultural 3405 in nature. However, such buildings, structures, and facilities, 3406 and other improvements on the land, must be assessed under s. 3407 193.011 at their just value and added to the agriculturally 3408 assessed value of the land. 3409 Section 99.For the purpose of incorporating the amendment 3410 made by this act to section 193.461, Florida Statutes, in a 3411 reference thereto, subsection (3) of section 570.94, Florida 3412 Statutes, is reenacted to read: 3413 570.94Best management practices for wildlife.The 3414 department and the Fish and Wildlife Conservation Commission 3415 recognize that agriculture provides a valuable benefit to the 3416 conservation and management of fish and wildlife in the state 3417 and agree to enter into a memorandum of agreement to develop and 3418 adopt by rule voluntary best management practices for the 3419 states agriculture industry which reflect the industrys 3420 existing contribution to the conservation and management of 3421 freshwater aquatic life and wild animal life in the state. 3422 (3)Notwithstanding any other provision of law, including 3423 s. 163.3162, the implementation of the best management practices 3424 pursuant to this section is voluntary and except as specifically 3425 provided under this section and s. 9, Art. IV of the State 3426 Constitution, an agency, department, district, or unit of local 3427 government may not adopt or enforce any ordinance, resolution, 3428 regulation, rule, or policy regarding the best management 3429 practices on land classified as agricultural land pursuant to s. 3430 193.461. 3431 Section 100.For the purpose of incorporating the amendment 3432 made by this act to section 193.461, Florida Statutes, in a 3433 reference thereto, paragraph (a) of subsection (1) of section 3434 582.19, Florida Statutes, is reenacted to read: 3435 582.19Qualifications and tenure of supervisors. 3436 (1)The governing body of the district shall consist of 3437 five supervisors, elected as provided in s. 582.18. 3438 (a)To qualify to serve on the governing body of a 3439 district, a supervisor must be an eligible voter who resides in 3440 the district and who: 3441 1.Is actively engaged in, or retired after 10 years of 3442 being engaged in, agriculture as defined in s. 570.02; 3443 2.Is employed by an agricultural producer; or 3444 3.Owns, leases, or is actively employed on land classified 3445 as agricultural under s. 193.461. 3446 Section 101.For the purpose of incorporating the amendment 3447 made by this act to section 193.461, Florida Statutes, in a 3448 reference thereto, section 586.055, Florida Statutes, is 3449 reenacted to read: 3450 586.055Location of apiaries.An apiary may be located on 3451 land classified as agricultural under s. 193.461 or on land that 3452 is integral to a beekeeping operation. 3453 Section 102.For the purpose of incorporating the amendment 3454 made by this act to section 193.461, Florida Statutes, in 3455 references thereto, paragraphs (a) and (d) of subsection (2) of 3456 section 604.50, Florida Statutes, are reenacted to read: 3457 604.50Nonresidential farm buildings; farm fences; farm 3458 signs. 3459 (2)As used in this section, the term: 3460 (a)Bona fide agricultural purposes has the same meaning 3461 as provided in s. 193.461(3)(b). 3462 (d)Nonresidential farm building means any temporary or 3463 permanent building or support structure that is classified as a 3464 nonresidential farm building on a farm under s. 553.73(10)(c) or 3465 that is used primarily for agricultural purposes, is located on 3466 land that is an integral part of a farm operation or is 3467 classified as agricultural land under s. 193.461, and is not 3468 intended to be used as a residential dwelling. The term may 3469 include, but is not limited to, a barn, greenhouse, shade house, 3470 farm office, storage building, or poultry house. 3471 Section 103.For the purpose of incorporating the amendment 3472 made by this act to section 193.461, Florida Statutes, in a 3473 reference thereto, paragraph (b) of subsection (3) of section 3474 604.73, Florida Statutes, is reenacted to read: 3475 604.73Urban agriculture pilot projects; local regulation 3476 of urban agriculture. 3477 (3)DEFINITIONS.As used in this section, the term: 3478 (b)Urban agriculture means any new or existing 3479 noncommercial agricultural uses on land that is: 3480 1.Within a dense urban land area, as described in s. 3481 380.0651(3)(a); 3482 2.Not classified as agricultural pursuant to s. 193.461; 3483 3.Not zoned as agricultural as its principal use; and 3484 4.Designated by a municipality for inclusion in an urban 3485 agricultural pilot project that has been approved by the 3486 department. 3487 3488 The term does not include vegetable gardens, as defined in s. 3489 604.71(4), for personal consumption on residential properties. 3490 Section 104.For the purpose of incorporating the amendment 3491 made by this act to section 193.461, Florida Statutes, in a 3492 reference thereto, subsection (1) of section 692.201, Florida 3493 Statutes, is reenacted to read: 3494 692.201Definitions.As used in this part, the term: 3495 (1)Agricultural land means land classified as 3496 agricultural under s. 193.461. 3497 Section 105.For the purpose of incorporating the amendment 3498 made by this act to section 193.461, Florida Statutes, in 3499 references thereto, paragraph (a) of subsection (5) and 3500 paragraph (a) of subsection (6) of section 741.30, Florida 3501 Statutes, are reenacted to read: 3502 741.30Domestic violence; injunction; powers and duties of 3503 court and clerk; petition; notice and hearing; temporary 3504 injunction; issuance of injunction; statewide verification 3505 system; enforcement; public records exemption. 3506 (5)(a)If it appears to the court that an immediate and 3507 present danger of domestic violence exists, the court may grant 3508 a temporary injunction ex parte, pending a full hearing, and may 3509 grant such relief as the court deems proper, including an 3510 injunction: 3511 1.Restraining the respondent from committing any acts of 3512 domestic violence. 3513 2.Awarding to the petitioner the temporary exclusive use 3514 and possession of the dwelling that the parties share or 3515 excluding the respondent from the residence of the petitioner. 3516 3.On the same basis as provided in s. 61.13, providing the 3517 petitioner a temporary parenting plan, including a time-sharing 3518 schedule, which may award the petitioner up to 100 percent of 3519 the time-sharing. If temporary time-sharing is awarded to the 3520 respondent, the exchange of the child must occur at a neutral 3521 safe exchange location as provided in s. 125.01(8) or a location 3522 authorized by a supervised visitation program as defined in s. 3523 753.01 if the court determines it is in the best interests of 3524 the child after consideration of all of the factors specified in 3525 s. 61.13(3). The temporary parenting plan remains in effect 3526 until the order expires or an order is entered by a court of 3527 competent jurisdiction in a pending or subsequent civil action 3528 or proceeding affecting the placement of, access to, parental 3529 time with, adoption of, or parental rights and responsibilities 3530 for the minor child. 3531 4.If the petitioner and respondent have an existing 3532 parenting plan or time-sharing schedule under another court 3533 order, designating that the exchange of the minor child or 3534 children of the parties must occur at a neutral safe exchange 3535 location as provided in s. 125.01(8) or a location authorized by 3536 a supervised visitation program as defined in s. 753.01 if the 3537 court determines it is in the best interests of the child after 3538 consideration of all of the factors specified in s. 61.13(3). 3539 5.Awarding to the petitioner the temporary exclusive care, 3540 possession, or control of an animal that is owned, possessed, 3541 harbored, kept, or held by the petitioner, the respondent, or a 3542 minor child residing in the residence or household of the 3543 petitioner or respondent. The court may order the respondent to 3544 temporarily have no contact with the animal and prohibit the 3545 respondent from taking, transferring, encumbering, concealing, 3546 harming, or otherwise disposing of the animal. This subparagraph 3547 does not apply to an animal owned primarily for a bona fide 3548 agricultural purpose, as defined under s. 193.461, or to a 3549 service animal, as defined under s. 413.08, if the respondent is 3550 the service animals handler. 3551 (6)(a)Upon notice and hearing, when it appears to the 3552 court that the petitioner is either the victim of domestic 3553 violence as defined by s. 741.28 or has reasonable cause to 3554 believe he or she is in imminent danger of becoming a victim of 3555 domestic violence, the court may grant such relief as the court 3556 deems proper, including an injunction: 3557 1.Restraining the respondent from committing any acts of 3558 domestic violence. 3559 2.Awarding to the petitioner the exclusive use and 3560 possession of the dwelling that the parties share or excluding 3561 the respondent from the residence of the petitioner. 3562 3.On the same basis as provided in chapter 61, providing 3563 the petitioner with 100 percent of the time-sharing in a 3564 temporary parenting plan that remains in effect until the order 3565 expires or an order is entered by a court of competent 3566 jurisdiction in a pending or subsequent civil action or 3567 proceeding affecting the placement of, access to, parental time 3568 with, adoption of, or parental rights and responsibilities for 3569 the minor child. 3570 4.If the petitioner and respondent have an existing 3571 parenting plan or time-sharing schedule under another court 3572 order, designating that the exchange of the minor child or 3573 children of the parties must occur at a neutral safe exchange 3574 location as provided in s. 125.01(8) or a location authorized by 3575 a supervised visitation program as defined in s. 753.01 if the 3576 court determines it is in the best interests of the child after 3577 consideration of all of the factors specified in s. 61.13(3). 3578 5.On the same basis as provided in chapter 61, 3579 establishing temporary support for a minor child or children or 3580 the petitioner. An order of temporary support remains in effect 3581 until the order expires or an order is entered by a court of 3582 competent jurisdiction in a pending or subsequent civil action 3583 or proceeding affecting child support. 3584 6.Ordering the respondent to participate in treatment, 3585 intervention, or counseling services to be paid for by the 3586 respondent. When the court orders the respondent to participate 3587 in a batterers intervention program, the court, or any entity 3588 designated by the court, must provide the respondent with a list 3589 of batterers intervention programs from which the respondent 3590 must choose a program in which to participate. 3591 7.Referring a petitioner to a certified domestic violence 3592 center. The court must provide the petitioner with a list of 3593 certified domestic violence centers in the circuit which the 3594 petitioner may contact. 3595 8.Awarding to the petitioner the exclusive care, 3596 possession, or control of an animal that is owned, possessed, 3597 harbored, kept, or held by the petitioner, the respondent, or a 3598 minor child residing in the residence or household of the 3599 petitioner or respondent. The court may order the respondent to 3600 have no contact with the animal and prohibit the respondent from 3601 taking, transferring, encumbering, concealing, harming, or 3602 otherwise disposing of the animal. This subparagraph does not 3603 apply to an animal owned primarily for a bona fide agricultural 3604 purpose, as defined under s. 193.461, or to a service animal, as 3605 defined under s. 413.08, if the respondent is the service 3606 animals handler. 3607 9.Ordering such other relief as the court deems necessary 3608 for the protection of a victim of domestic violence, including 3609 injunctions or directives to law enforcement agencies, as 3610 provided in this section. 3611 Section 106.For the purpose of incorporating the amendment 3612 made by this act to section 193.461, Florida Statutes, in a 3613 reference thereto, paragraph (a) of subsection (5) of section 3614 810.011, Florida Statutes, is reenacted to read: 3615 810.011Definitions.As used in this chapter: 3616 (5)(a)Posted land is land upon which any of the 3617 following are placed: 3618 1.Signs placed not more than 500 feet apart along and at 3619 each corner of the boundaries of the land or, for land owned by 3620 a water control district that exists pursuant to chapter 298 or 3621 was created by special act of the Legislature, signs placed at 3622 or near the intersection of any district canal right-of-way and 3623 a road right-of-way or, for land classified as agricultural 3624 pursuant to s. 193.461, signs placed at each point of ingress 3625 and at each corner of the boundaries of the agricultural land, 3626 which prominently display in letters of not less than 2 inches 3627 in height the words no trespassing and the name of the owner, 3628 lessee, or occupant of the land. The signs must be placed along 3629 the boundary line of posted land in a manner and in such 3630 position as to be clearly noticeable from outside the boundary 3631 line; or 3632 2.a.A conspicuous no trespassing notice is painted on 3633 trees or posts on the property, provided that the notice is: 3634 (I)Painted in an international orange color and displaying 3635 the stenciled words No Trespassing in letters no less than 2 3636 inches high and 1 inch wide either vertically or horizontally; 3637 (II)Placed so that the bottom of the painted notice is not 3638 less than 3 feet from the ground or more than 5 feet from the 3639 ground; and 3640 (III)Placed at locations that are readily visible to any 3641 person approaching the property and no more than 500 feet apart 3642 on agricultural land. 3643 b.When a landowner uses the painted no trespassing posting 3644 to identify a no trespassing area, those painted notices must be 3645 accompanied by signs complying with subparagraph 1. and must be 3646 placed conspicuously at all places where entry to the property 3647 is normally expected or known to occur. 3648 Section 107.For the purpose of incorporating the amendment 3649 made by this act to section 193.461, Florida Statutes, in a 3650 reference thereto, subsection (6) of section 823.14, Florida 3651 Statutes, is reenacted to read: 3652 823.14Florida Right to Farm Act. 3653 (6)LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION.It 3654 is the intent of the Legislature to eliminate duplication of 3655 regulatory authority over farm operations as expressed in this 3656 subsection. Except as otherwise provided for in this section and 3657 s. 487.051(2), and notwithstanding any other provision of law, a 3658 local government may not adopt any ordinance, regulation, rule, 3659 or policy to prohibit, restrict, regulate, or otherwise limit an 3660 activity of a bona fide farm operation on land classified as 3661 agricultural land pursuant to s. 193.461, where such activity is 3662 regulated through implemented best management practices or 3663 interim measures developed by the Department of Environmental 3664 Protection, the Department of Agriculture and Consumer Services, 3665 or water management districts and adopted under chapter 120 as 3666 part of a statewide or regional program. When an activity of a 3667 farm operation takes place within a wellfield protection area as 3668 defined in any wellfield protection ordinance adopted by a local 3669 government, and the adopted best management practice or interim 3670 measure does not specifically address wellfield protection, a 3671 local government may regulate that activity pursuant to such 3672 ordinance. This subsection does not limit the powers and duties 3673 provided for in s. 373.4592 or limit the powers and duties of 3674 any local government to address an emergency as provided for in 3675 chapter 252. 3676 Section 108.For the purpose of incorporating the amendment 3677 made by this act to section 388.271, Florida Statutes, in a 3678 reference thereto, paragraph (a) of subsection (1) of section 3679 189.062, Florida Statutes, is reenacted to read: 3680 189.062Special procedures for inactive districts. 3681 (1)The department shall declare inactive any special 3682 district in this state by documenting that: 3683 (a)The special district meets one of the following 3684 criteria: 3685 1.The registered agent of the district, the chair of the 3686 governing body of the district, or the governing body of the 3687 appropriate local general-purpose government notifies the 3688 department in writing that the district has taken no action for 3689 2 or more years; 3690 2.The registered agent of the district, the chair of the 3691 governing body of the district, or the governing body of the 3692 appropriate local general-purpose government notifies the 3693 department in writing that the district has not had a governing 3694 body or a sufficient number of governing body members to 3695 constitute a quorum for 2 or more years; 3696 3.The registered agent of the district, the chair of the 3697 governing body of the district, or the governing body of the 3698 appropriate local general-purpose government fails to respond to 3699 an inquiry by the department within 21 days; 3700 4.The department determines, pursuant to s. 189.067, that 3701 the district has failed to file any of the reports listed in s. 3702 189.066; 3703 5.The district has not had a registered office and agent 3704 on file with the department for 1 or more years; 3705 6.The governing body of a special district provides 3706 documentation to the department that it has unanimously adopted 3707 a resolution declaring the special district inactive. The 3708 special district is responsible for payment of any expenses 3709 associated with its dissolution; 3710 7.The district is an independent special district or a 3711 community redevelopment district created under part III of 3712 chapter 163 that has reported no revenue, no expenditures, and 3713 no debt under s. 189.016(9) or s. 218.32 for at least 5 3714 consecutive fiscal years beginning no earlier than October 1, 3715 2018. This subparagraph does not apply to a community 3716 development district established under chapter 190 or to any 3717 independent special district operating pursuant to a special act 3718 that provides that any amendment to chapter 190 to grant 3719 additional powers constitutes a power of that district; or 3720 8.For a mosquito control district created pursuant to 3721 chapter 388, the department has received notice from the 3722 Department of Agriculture and Consumer Services that the 3723 district has failed to file a tentative work plan and tentative 3724 detailed work plan budget as required by s. 388.271. 3725 Section 109.For the purpose of incorporating the amendment 3726 made by this act to section 388.271, Florida Statutes, in a 3727 reference thereto, subsection (7) of section 388.261, Florida 3728 Statutes, is reenacted to read: 3729 388.261State aid to counties and districts for arthropod 3730 control; distribution priorities and limitations. 3731 (7)The department may use state funds appropriated for a 3732 county or district under subsection (1) or subsection (2) to 3733 provide state mosquito or other arthropod control equipment, 3734 supplies, or services when requested by a county or district 3735 eligible to receive state funds under s. 388.271. 3736 Section 110.For the purpose of incorporating the amendment 3737 made by this act to section 482.161, Florida Statutes, in a 3738 reference thereto, paragraph (b) of subsection (3) of section 3739 482.072, Florida Statutes, is reenacted to read: 3740 482.072Pest control customer contact centers. 3741 (3) 3742 (b)Notwithstanding any other provision of this section: 3743 1.A customer contact center licensee is subject to 3744 disciplinary action under s. 482.161 for a violation of this 3745 section or a rule adopted under this section committed by a 3746 person who solicits pest control services or provides customer 3747 service in a customer contact center. 3748 2.A pest control business licensee may be subject to 3749 disciplinary action under s. 482.161 for a violation of this 3750 section or a rule adopted under this section committed by a 3751 person who solicits pest control services or provides customer 3752 service in a customer contact center operated by a licensee if 3753 the licensee participates in the violation. 3754 Section 111.For the purpose of incorporating the amendment 3755 made by this act to section 482.161, Florida Statutes, in a 3756 reference thereto, section 482.163, Florida Statutes, is 3757 reenacted to read: 3758 482.163Responsibility for pest control activities of 3759 employee.Proper performance of pest control activities by a 3760 pest control business employee is the responsibility not only of 3761 the employee but also of the certified operator in charge, and 3762 the certified operator in charge may be disciplined pursuant to 3763 the provisions of s. 482.161 for the pest control activities of 3764 an employee. A licensee may not automatically be considered 3765 responsible for violations made by an employee. However, the 3766 licensee may not knowingly encourage, aid, or abet violations of 3767 this chapter. 3768 Section 112.For the purpose of incorporating the amendment 3769 made by this act to section 487.044, Florida Statutes, in a 3770 reference thereto, section 487.156, Florida Statutes, is 3771 reenacted to read: 3772 487.156Governmental agencies.All governmental agencies 3773 shall be subject to the provisions of this part and rules 3774 adopted under this part. Public applicators using or supervising 3775 the use of restricted-use pesticides shall be subject to 3776 examination as provided in s. 487.044. 3777 Section 113.For the purpose of incorporating the amendment 3778 made by this act to section 496.405, Florida Statutes, in a 3779 reference thereto, subsection (2) of section 496.4055, Florida 3780 Statutes, is reenacted to read: 3781 496.4055Charitable organization or sponsor board duties. 3782 (2)The board of directors, or an authorized committee 3783 thereof, of a charitable organization or sponsor required to 3784 register with the department under s. 496.405 shall adopt a 3785 policy regarding conflict of interest transactions. The policy 3786 shall require annual certification of compliance with the policy 3787 by all directors, officers, and trustees of the charitable 3788 organization. A copy of the annual certification shall be 3789 submitted to the department with the annual registration 3790 statement required by s. 496.405. 3791 Section 114.For the purpose of incorporating the amendment 3792 made by this act to section 496.405, Florida Statutes, in 3793 references thereto, subsections (2) and (4) of section 496.406, 3794 Florida Statutes, are reenacted to read: 3795 496.406Exemption from registration. 3796 (2)Before soliciting contributions, a charitable 3797 organization or sponsor claiming to be exempt from the 3798 registration requirements of s. 496.405 under paragraph (1)(d) 3799 must submit annually to the department, on forms prescribed by 3800 the department: 3801 (a)The name, street address, and telephone number of the 3802 charitable organization or sponsor, the name under which it 3803 intends to solicit contributions, the purpose for which it is 3804 organized, and the purpose or purposes for which the 3805 contributions to be solicited will be used. 3806 (b)The tax exempt status of the organization. 3807 (c)The date on which the organizations fiscal year ends. 3808 (d)The names, street addresses, and telephone numbers of 3809 the individuals or officers who have final responsibility for 3810 the custody of the contributions and who will be responsible for 3811 the final distribution of the contributions. 3812 (e)A financial statement of support, revenue, and expenses 3813 and a statement of functional expenses that must include, but 3814 not be limited to, expenses in the following categories: 3815 program, management and general, and fundraising. In lieu of the 3816 financial statement, a charitable organization or sponsor may 3817 submit a copy of its Internal Revenue Service Form 990 and all 3818 attached schedules or Internal Revenue Service Form 990-EZ and 3819 Schedule O. 3820 (4)Exemption from the registration requirements of s. 3821 496.405 does not limit the applicability of other provisions of 3822 this section to a charitable organization or sponsor. 3823 Section 115.For the purpose of incorporating the amendment 3824 made by this act to section 500.12, Florida Statutes, in a 3825 reference thereto, paragraph (a) of subsection (1) of section 3826 500.80, Florida Statutes, is reenacted to read: 3827 500.80Cottage food operations. 3828 (1)(a)A cottage food operation must comply with the 3829 applicable requirements of this chapter but is exempt from the 3830 permitting requirements of s. 500.12 if the cottage food 3831 operation complies with this section and has annual gross sales 3832 of cottage food products that do not exceed $250,000. 3833 Section 116.For the purpose of incorporating the amendment 3834 made by this act to section 500.172, Florida Statutes, in a 3835 reference thereto, subsection (6) of section 500.121, Florida 3836 Statutes, is reenacted to read: 3837 500.121Disciplinary procedures. 3838 (6)If the department determines that a food offered in a 3839 food establishment is labeled with nutrient claims that are in 3840 violation of this chapter, the department shall retest or 3841 reexamine the product within 90 days after notification to the 3842 manufacturer and to the firm at which the product was collected. 3843 If the product is again found in violation, the department shall 3844 test or examine the product for a third time within 60 days 3845 after the second notification. The product manufacturer shall 3846 reimburse the department for the cost of the third test or 3847 examination. If the product is found in violation for a third 3848 time, the department shall exercise its authority under s. 3849 500.172 and issue a stop-sale or stop-use order. The department 3850 may impose additional sanctions for violations of this 3851 subsection. 3852 Section 117.For the purpose of incorporating the amendment 3853 made by this act to section 790.06, Florida Statutes, in a 3854 reference thereto, section 790.061, Florida Statutes, is 3855 reenacted to read: 3856 790.061Judges and justices; exceptions from licensure 3857 provisions.A county court judge, circuit court judge, district 3858 court of appeal judge, justice of the supreme court, federal 3859 district court judge, or federal court of appeals judge serving 3860 in this state is not required to comply with the provisions of 3861 s. 790.06 in order to receive a license to carry a concealed 3862 weapon or firearm, except that any such justice or judge must 3863 comply with the provisions of s. 790.06(2)(h). The Department of 3864 Agriculture and Consumer Services shall issue a license to carry 3865 a concealed weapon or firearm to any such justice or judge upon 3866 demonstration of competence of the justice or judge pursuant to 3867 s. 790.06(2)(h). 3868 Section 118.This act shall take effect July 1, 2025.