The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Agriculture
BILL: CS/SB 700
INTRODUCER: Agriculture Committee and Senator Truenow
SUBJECT: Department of Agriculture and Consumer Services
DATE: March 13, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Burse Becker AG Fav/CS
2. AEG
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 700 makes a number of changes to regulations related to the Department of Agriculture
and Consumer Services (department). Specifically, the bill:
• Requires that lands owned or leased by an electric utility, which may also be the site of solar
energy systems and bona fide agricultural uses of the land, be classified agricultural by the
property appraiser.
• Permits the department to adopt rules for protecting the public health, safety, and welfare and
establish standards for the placement, design, installation, maintenance, and operation of
electric vehicle charging stations.
• Prohibits the use of any additives in a public water system which do not meet the definition
of a water quality additive as defined in s. 403.852, F.S., or the use of any additives included
primarily for health-related purposes.
• Permits the department to provide pest control certificate examinations in person and
remotely through a third-party vendor.
• Creates the Honest Service Registry.
• Provides it is unlawful to transport, import, sell, offer for sale, furnish, or give away spores or
mycelium capable of producing mushrooms or other material which will contain a controlled
substance, including psilocybin or psilocyn, during its lifecycle.
• Grants the department rulemaking authority to enforce the Food and Drug Administration’s
(FDA) standard of identity for meat, poultry, and poultry products, to prohibit the sale of
plant-based products mislabeled as meat, poultry, or poultry products in this state.
REVISED: BILL: CS/SB 700 Page 2
• Creates an annual petroleum registration program for petroleum owners or operators that own
and operate vehicles for transporting petroleum products and permits the department to adopt
rules detailing the requirements for such registration.
• Creates the Florida Retail Fuel Transfer Switch Modernization Grant Program.
• Prohibits local governments from restricting any activities of public educational facilities and
auxiliary facilities constructed by a board for agricultural education, for Future Farmers of
America or 4-H activities, or the storage of any animals or equipment therein.
• Creates the Silviculture Emergency Recovery Program within the department to administer a
grant program to assist timber landowners whose timber land was damaged as a result of a
declared emergency.
• Changes the Viticulture Advisory Council to the Florida Wine Advisory Council and makes
conforming changes related to the new name.
• Prohibits a financial institution from discriminating in the provision of financial services to
an agriculture producer based, in whole or in part, upon an ESG factor.
• Permits the department to temporarily suspend a concealed carry license or application if
notified by a government entity that the licensee or applicant is arrested or formally charged
with a crime that would disqualify such person from having a license, until final disposition
of the case.
• Requires the department notify the suspended licensee or applicant of their right to a hearing
pursuant to chapter 120. It provides that there will be a limited hearing to determine if the
department issues an order lifting the suspension or the suspension remains in effect.
• Prohibits the possession of any form of a payment instrument that can be used to authorize a
fuel transaction or obtain fuel with the intent to defraud the fuel retailer or the banking
institution that issued the payment instrument financial account.
II. Present Situation:
The present situation for each issue is described below in Section III, Effect of Proposed
Changes.
III. Effect of Proposed Changes:
Career Service Exemptions for the Office of Agricultural Law Enforcement
Present Situation
The Florida Constitution requires the Legislature to create a civil service system for state
employees.
1
The Department of Management Services (DMS) is responsible for developing
uniform personnel rules, guidelines, records, and reports relating to employees and positions in
the career service.
2
All state employees generally fall into one of four categories:
• Career service system;
3
1
FLA. CONST. art. III, s. 14
2
Section 110.201(1)(a), F.S.
3
Chapter 110, Part II, F.S. BILL: CS/SB 700 Page 3
• Senior management service system;
4
• Volunteers;
5
or
• Selected exempt service system.
6
The Office of Agricultural Law Enforcement (OALE) enforces laws governing businesses
regulated by the Florida Department of Agriculture and Consumer Services (department). OALE
protects consumers from unfair and deceptive trade practices, protects Florida’s agriculture
industry from theft and other crimes, and safeguards the wholesomeness of food and other
consumer products.
7
OALE operates 23 agricultural inspection stations on 19 highways going into and out of Florida.
Officers conduct vehicle inspections 24 hours a day, 365 days a year to ensure the safety of
Florida’s food supply. Officers lookout for unsafe or unwholesome food that could make people
sick, and plant and animal pests and diseases that could harm the state’s $100 billion agriculture
industry.
8
OALE investigates crimes involving agriculture and those occurring on property owned or
operated by the department. They help maintain domestic security by participating in all seven
regional Domestic Security Task Forces statewide. OLAE partners with federal, state and local
law enforcement agencies and help coordinate the Domestic Marijuana Eradication Task Force.
9
Effect of Proposed Changes
Section 1 amends s. 110.205, F.S., to add an exemption to the Career Service system for captains
and majors employed with the OLAE within the department.
Section 80 reenacts s. 295.07, F.S., related to the positions exempt from the state Career Service
System.
Comprehensive Plans and Land Use Regulation
Present Situation
The Community Planning Act
10
requires every city and county to create and implement a
comprehensive plan to guide future development. A local government’s comprehensive plan lays
out the locations for future public facilities, including roads, water and sewer facilities,
neighborhoods, parks, schools, and commercial and industrial developments.
4
Chapter 110, Part III, F.S.
5
Chapter 110, Part IV, F.S.
6
Chapter 110, Part V, F.S.
7
FDACS, OALE, https://www.fdacs.gov/Divisions-Offices/Agricultural-Law-Enforcement, (last visited March 5, 2025).
8
Id.
9
Id.
10
Part II, Ch. 163, F.S. BILL: CS/SB 700 Page 4
The land use element of the plan designates proposed future general distribution, location, and
extent of the uses of land. Specified use designations include those for residential, commercial,
industry, agriculture, recreation, conservation, education, and public facilities.
11
The housing element of the plan sets forth guidelines and strategies for the creation and
preservation of affordable housing for all current and anticipated future residents of the
jurisdiction, elimination of substandard housing conditions, provision of adequate sites for future
housing, and distribution of housing for a range of incomes and types.
12
Local governments regulate aspects of land development by enacting ordinances that address
local zoning, rezoning, subdivision, building construction, landscaping, tree protection, or sign
regulations or any other regulations controlling the development of land.
13
Zoning
Zoning maps and zoning districts are adopted by local governments for developments within
each land use category or sub-category. While land uses are general in nature, one or more
zoning districts may apply within each land use designation.
14
Common regulations on buildings
within the zoning map districts include density,
15
height and bulk of buildings, setbacks, and
parking requirements.
16
Zoning regulations also include acceptable uses of property for other
categories of land, such as agricultural or industrial.
If a landowner believes that a proposed development may have merit but it does not meet the
requirements of a zoning map in a jurisdiction, the landowner can seek a rezoning through a
rezoning application which is reviewed by the local government and voted on by the governing
body.
17
If a property has unique circumstances or small nonconformities but otherwise meets
zoning regulations, local governments may ease restrictions on certain regulations such as
building size or setback through an application for a variance.
18
However, any action to rezone or
grant a variance must be consistent with the local government’s comprehensive plan.
11
Section 163.3177(6)(a), F.S.
12
Section 163.3177(6)(f), F.S.
13
See ss. 163.3164 and 163.3213, F.S. Pursuant to s. 163.3213, F.S., substantially affected persons have the right to maintain
administrative actions which assure that land development regulations implement and are consistent with the local
comprehensive plan.
14
INDIAN RIVER CNTY., General Zoning Questions, https://indianriver.gov/services/community_development/faq.php#faq-
questions-33 (last visited March 5, 2025).
15
“Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as
residents or employees per acre. Section 163.3164(12), F.S.
16
INDIAN RIVER CNTY., supra note 14.
17
See, e.g., CITY OF TALLAHASSEE, Application For Rezoning Review, available at:
https://www.talgov.com/Uploads/Public/Documents/place/zoning/cityrezinfsh.pdf (last visited March 5, 2025).
18
See, e.g., CITY OF TALLAHASSEE, Variance and Appeals, available at:
https://www.talgov.com/Uploads/Public/Documents/growth/forms/boaa_variance.pdf (last visited March 5, 2025) and
SEMINOLE CNTY., Variance Process & Requirements, https://www.seminolecountyfl.gov/departments-services/development-
services/planning-development/boards/board-of-adjustment/variance-process-requirements.stml (last visited March 5, 2025). BILL: CS/SB 700 Page 5
Agricultural Lands
Agricultural land is one example of property that is assessed based on its current use rather than
its highest and best use.
19
A property appraiser is required to annually classify all land as either
agricultural or nonagricultural.
20
Agricultural lands are those used primarily for bona fide
agricultural purposes such as horticulture, viticulture, forestry, and farming.
21
Migrant and Seasonal Farmworkers
Migrant farmworkers are defined as people who are or have been employed in hand labor
operations in planting, cultivating, or harvesting agricultural crops within the last 12 months and
who have changed residence for purposes of employment in agriculture within the last 12
months.
22
Outreach, employment, and other services targeted to migrant farmworkers are
regulated by federal law and administered by various state and local agencies, including the
Department of Economic Opportunity’s Migrant and Seasonal Farmworker Services program.
23
Migrant farmworker housing is regulated by the Florida Department of Health in coordination
with local health departments and federal law.
24
Migrant farmworker housing may include
residential property, including mobile homes or a migrant labor camp consisting of dormitories
constructed and operated as living quarters for migrant farmworkers.
25
Establishment of such
housing requires advance notice, inspections, and permitting based on standards of construction,
sanitation, equipment, and operation, as well as compliance with inspections during use.
26
Employment Verification
Under the Immigration Reform and Control Act of 1986 (IRCA),
27
it is illegal for any United
States employer to knowingly:
• Hire, recruit, or refer for a fee an alien knowing he or she is unauthorized to work;
• Continue to employ an alien knowing he or she has become unauthorized; or
• Hire, recruit or refer for a fee, any person (citizen or alien) without following the record
keeping requirements of the IRCA.
28
Under Florida law, public employers and their contractors, and subcontractors thereof, are
required to register and use E-Verify to verify the work authorization status of all newly hired
employees.
29
A private employer that transacts business in Florida, has a license issued by an
agency, and employs workers in Florida is required to use the I-9 Form or E-Verify or a
19
FLA. CONST. art. VII, s. 4(a).
20
Section 193.461(1), F.S.
21
Section 193.461, F.S.
22
Section 381.008(4), F.S.
23
FLA. DEP’T OF ECON. OPPORTUNITY, Migrant and Seasonal Farmworker Services, https://floridajobs.org/office-
directory/division-of-workforce-services/workforce-programs/migrant-and-seasonal-farmworker-services (last visited March
5, 2025).
24
Sections 381.008-381.00897, F.S.
25
Section 381.008(5) and (8), F.S.
26
Section 381.0083, F.S.
27
Pub. L. No. 99-603, 100 Stat. 3359.
28
8 U.S.C. s. 1324a.
29
Section 448.095(2), F.S. BILL: CS/SB 700 Page 6
substantially equivalent system to verify that new hires or retained contract employees are
authorized to work in the United States.
30
H-2A Visa Program
31
The H-2A Temporary Agricultural Workers program is a federal program which allows U.S.
employers meeting specific regulatory requirements to bring foreign nationals to the United
States to fill temporary agricultural jobs. The program includes work, housing, visa, and
recordkeeping requirements, and is a joint program of the Federal Departments of Labor, State,
and Homeland Security. Prospective nonimmigrant agricultural workers must receive a
temporary labor certification from the U.S. Department of Labor.
Effect of Proposed Changes
Section 2 creates s. 163.3162, F.S., to provide a definition for “department” to mean the
Department of Agriculture and Consumer Services. The bill defines “housing site” as the totality
of development supporting authorized housing, including buildings, mobile homes, barracks,
dormitories, parking areas, common areas, storage structures, and related structures. The bill also
defines “legally verified agricultural worker” as a person who:
• Is lawfully present in the United States;
• Meets the definition of eligible worker;
• Has been verified according to the state’s employment eligibility verification requirements.;
• Is seasonally or annually employed in agricultural production;
• Is authorized, and remains allowed, to work; and
• Is not an unauthorized alien
The bill provides that a governmental entity may not adopt or enforce any legislation, regulation,
or ordinance which inhibits the construction or installation of housing for agricultural employees
on land zoned for agricultural use and operated as a bona fide farm, except as provided by law.
The bill also provides that local governments may require that a housing site authorized under
this section:
• Must meet all local and state building standards, including migrant farmworker housing
standards regulated by the Department of Health and federal standards for H-2A visa
housing;
• Must be maintained in a neat, orderly, and safe manner;
• Must have structures placed a minimum of 10 feet apart;
• May not exceed square footage of 1.5 percent of the property’s area or 35,000 square feet,
whichever is less;
• Must provide 50-foot setbacks on all sides;
• May not be located less than 100 feet from a property line adjacent to property zoned for
residential use;
30
Section 448.095(3), F.S.
31
See generally, Department of Homeland Security Office of U.S. Citizenship and Immigration Services, H-2A Temporary
Agricultural Workers, available at https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-
agricultural-workers (last visited March 5, 2025). BILL: CS/SB 700 Page 7
• If within 250 feet of a property line adjacent to property zoned for residential use, must
contain screening consisting of tree, wall, berm or fence coverage at least six feet in height;
and
• Must cover access drives with dust-free material such as packed shell or gravel.
The bill provides that a local ordinance adopted pursuant to this section must comply with state
and federal regulations for migrant farmworker housing, and that a local government may validly
adopt less restrictive land use regulations.
The bill further provides that, beginning July 1, 2025, a property owner must maintain records of
all permits for such housing for three years, and make the records available for inspection within
14 days after receiving a request by a governmental entity.
The bill further provides that if agricultural operations are discontinued on the property for at
least 365 days, structures used as living quarters must be removed within 180 days after notice
from the local government unless the property owner demonstrates that its intended use will
resume within 90 days. If the property ceases to be classified as agricultural, housing established
under this section is no longer eligible for residential use without further approval under the local
jurisdiction’s zoning and land use regulations. Additionally, if Department of Health permits for
agricultural housing uses are revoked, structures used as living quarters must be removed within
180 days of notice from the local government unless the permit is reinstated.
The bill provides that if a housing site is found to be occupied by any person who is not legally
verified agricultural worker, or is otherwise unlawfully present the property owner, shall be
imposed a Class I fine not to exceed $1,000, for the first violation. The bill also provides a Class
II fine, not to exceed $5,000, for any subsequent violations. The bill permits the fines to be
collected by the clerk of the court of the county in which the violation occurred.
The bill provides that a housing site constructed and in use before July 1, 2024, may continue to
be used, and the property owner may not be required to make changes to meet the requirements
of this section, unless the housing site will be enlarged, remodeled, renovated, or rehabilitated.
The bill requires the department to adopt rules to provide a method for government entities to
submit reports of property owners who have a housing site for legally verified agriculture
workers and for people to submit complaints for review and investigation to the department. The
bill also requires the department to enforce the requirements of this section and submit
information collected to the State Board of Immigration Enforcement.
Ten Year Site Plan Review, Agricultural Lands, Florida Public Service Commission, and
Electric and Gas Utilities
Present Situation
Section 186.801, F.S., requires each electric utility to submit to the Public Service Commission
(PSC) a 10-year site plan in which the utility estimates its power-generating needs and the BILL: CS/SB 700 Page 8
general location of its proposed power plant sites. The 10-year plan must be submitted and
reviewed not less frequently than every 2 years. The PSC then has nine months to make a
preliminary study of the plan and classify it as “suitable” or “unsuitable” for planning purposes.
The PSC may suggest alternatives to the plan.
The commission’s findings are made available to the Department of Environmental Protection
(DEP) for its consideration at any subsequent electrical power plant site certification proceedings
under the Florida Power Plant Siting Act.
32
However, it is expressly recognized that 10-year site
plans submitted by an electric utility are tentative information for planning purposes only and
may be amended at any time at the discretion of the utility upon written notification to the
commission, and, a complete application for certification of an electrical power plant site under
chapter 403, when such site is not designated in the current 10-year site plan of the applicant,
constitutes an amendment to the 10-year site plan.
In its “preliminary study” of each 10-year site plan, the commission must review:
• The need, including the need as determined by the commission, for electrical power in the
area to be served.
• The effect on fuel diversity within the state.
• The anticipated environmental impact of each proposed electrical power plant site.
• Possible alternatives to the proposed plan.
• The views of appropriate local, state, and federal agencies, including the views of the
appropriate water management district as to the availability of water and its recommendation
as to the use by the proposed plant of salt water or fresh water for cooling purposes.
• The extent to which the plan is consistent with the state comprehensive plan.
• The plan with respect to the information of the state on energy availability and consumption.
The PSC is an arm of the legislative branch of government.
33
The role of the PSC is to ensure
Florida’s consumers receive utility services, including electric, natural gas, telephone, water, and
wastewater, in a safe and reliable manner and at fair prices.
34
In order to do so, the PSC exercises
authority over utilities in one or more of the following areas: rate base or economic regulation;
competitive market oversight; and monitoring of safety, reliability, and service issues.
35
32
The Florida Power Plant Siting Act (PPSA), ss. 403.501-.518, F.S., is Florida’s centralized process for licensing large
power plants. The PPSA involves a wide-ranging review (involving both local governments and multiple state agencies)
which addresses permitting, land use and zoning, and property interests. Florida Department of Environmental Protection,
Power Plant Siting Act, https://floridadep.gov/water/siting-coordination-office/content/power-plant-siting-act (last visited
March 5, 2025). Pursuant to s. 403.506, F.S., electrical power plants that are 75-megawatts or more in gross capacity are
subject to the PPSA. To date, all solar power generation facilities constructed in Florida have been below this 75-megawatt
threshold. United States Geological Survey Energy Resources Program, U.S. Large-Scale Solar Photovoltaic Database,
https://energy.usgs.gov/uspvdb/viewer/#6.16/27.708/-84.04 (last visited March 5, 2025).
33
Section 350.001, F.S.
34
See Florida Public Service Commission, Florida Public Service Commission Homepage, http://www.psc.state.fl.us (last
visited March 5, 2025).
35
Florida Public Service Commission, About the PSC, https://www.psc.state.fl.us/about (last visited March 5, 2025). BILL: CS/SB 700 Page 9
The PSC monitors the safety and reliability of the electric power grid
36
and may order the
addition or repair of infrastructure as necessary.
37
The PSC has broad jurisdiction over the rates
and service of investor-owned electric and gas utilities
38
(called “public utilities” under
ch. 366, F.S.).
39
However, the PSC does not fully regulate municipal electric utilities (utilities
owned or operated on behalf of a municipality) or rural electric cooperatives. The PSC does have
jurisdiction over these types of utilities with regard to rate structure, territorial boundaries, and
bulk power supply operations and planning.
40
Municipally owned utility rates and revenues are
regulated by their respective local governments or local utility boards. Rates and revenues for a
cooperative utility are regulated by its governing body elected by the cooperative’s membership.
Effect of Proposed Changes
Section 4 amends s. 253.0341, F.S., to permit the department to consult with the DEP to create a
process for the department to acquire land purchased by utility companies, which was formerly
agricultural land. The bill also permits the department to retain a rural-lands protection easement
on surplused land suitable for bona fide agricultural production.
The bill requires the department to, by January 1, 2026, and each January 1 thereafter, to provide
a report of lands surplused pursuant to this subsection to the board. The bill provides that any
land designated as a state forest, state park, or wildlife management area are ineligible to be
surplused. The bill also provides that this subsection is retroactive to January 1, 2009.
Section 6 creates 366.20, F.S., to require that lands acquired by an electric utility, which have
been classified as agricultural lands at any time in the 5 years preceding the acquisition of the
land by the electric utility, must be offered for less than fee simple acquisition of development
rights by the state or before offering for sale or transferring the land to a private individual or
entity.
Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program
Present Situation
Following the devastation of Hurricane Idalia in 2023, the Florida legislature passed CS/HB 1-C
to provide relief to those affected by the hurricane.
41
The law established the Agriculture and
Aquaculture Producers Natural Disaster Recovery Loan Program within the department to make
loans to agriculture and aquaculture producers who experienced damage or destruction from a
declared natural disaster. Loan funds may be used to restore, repair, or replace essential physical
property or remove vegetative debris from essential physical property.
42
36
Section 366.04(5) and (6), F.S.
37
Section 366.05(1) and (8), F.S.
38
Section 366.05, F.S.
39
Section 366.02(8), F.S.
40
Florida Public Service Commission, About the PSC, supra note 35.
41
Chapter 2023-349, Laws of Fl.; HB 1-C (2023).
42
Id. BILL: CS/SB 700 Page 10
Under the program, the department is authorized to make low-interest or interest-free loans of up
to $500,000 to eligible applicants.
43
An approved applicant may receive no more than one loan
per declared disaster, two loans per year, and five loans within any 3-year period. The term of
each loan is 10 years.
44
To be eligible an applicant must:
• Own or lease a bona fide farm operation damaged or destroyed as a result of a declared
natural disaster located in county that experienced a declared natural disaster; and
• Maintain complete and acceptable farm records, pursuant to criteria published by the
department, and present them as proof of production levels and bona fide farm operations.
45
The loan program expires on July 1, 2043, unless reviewed and saved from repeal by the
Legislature.
Effect of Proposed Changes
Section 3 amends s. 201.25, F.S., to rename the Agriculture and Aquaculture Producers Natural
Disaster Recovery Loan Program to the Agriculture and Aquaculture Producers Emergency
Recovery Loan Program.
Section 63 amends s. 570.822, F.S., to conform to the changes made by Section 3.
The bill permits producers to use program loan funds to restock aquaculture. The bill also
permits the department to renew loan applications after a determination from the department and
an active declared emergency.
The bill permits the department to defer or waive loan payments if, at any time during the
repayment period of a loan, the approved applicant experiences a significant hardship such as
crop loss from a weather-related event or from impacts from a natural disaster or declared
emergency.
Drones on Agricultural Lands
46
Present Situation
The Unmanned Aircraft Systems Act
47
defines a drone as a powered, aerial vehicle that:
• Does not carry a human operator;
• Uses aerodynamic forces to provide vehicle lift;
• Can fly autonomously or be piloted remotely;
• Can be expendable or recoverable; and
• Can carry a lethal or nonlethal payload.
48
43
Id.
44
Id.
45
Section 570.822(3), F.S.
46
See page 5.
47
Section 330.41, F.S.
48
Section 934.50(2)(a), F.S. BILL: CS/SB 700 Page 11
Effect of Proposed Changes
Section 5 amends s. 330.41, F.S., to provide definitions for “commercial property,” “private
property,” “property owner,” residential property,” and “sport shooting and training range.”
The bill prohibits a person from knowingly or willfully doing any of the following on lands
classified as agricultural lands, private property, state wildlife management lands, or a sport
shooting and training range:
• Operate a drone.
• Allow a drone to make contact with any person or object on the premises of or within the
boundaries of such lands.
• Allow a drone to come within close enough distance of such lands to interfere with or cause a
disturbance to agricultural production.
49
The prohibition does not apply to the following:
• The owner of the agricultural lands, private property, or sport shooting and training range or
a person acting under the prior written consent of the owner of the property.
• A law enforcement agency or a person under contract with or otherwise acting under the
direction of such law enforcement agency.
• A federal, state, or other governmental entity, or a person under contract with or otherwise
acting under the direction of a federal, state, or other governmental entity.
Section 78 amends s. 934.50, F.S., to eliminate the exemption provided to those using drones,
under a business or professional license to perform reasonable tasks within the scope of practice
or activities permitted under their license.
Section 93 reenacts s. 472.029, F.S., related to the authorization to enter lands of third parties.
Section 106 reenacts s. 810.011, F.S., related to the definition of “posted land.”
Electric Vehicles Charging Stations and Preemption
Present Situation
Consumers and fleets considering electric vehicles (EVs), including all-electric vehicles and
plug-in hybrid electric vehicles (PHEVs), need access to charging equipment. For most drivers,
this starts with charging at home or at fleet facilities. Charging stations at workplaces, public
destinations, and along highways offer more flexible charging opportunities at commonly visited
locations.
50
49
The bill provides that a person commits a second-degree misdemeanor or a first degree misdemeanor, for a second offense,
for violating these prohibitions.
50
U.S. Dept. of Energy (DOE), Alternative Fuels Data Center, Developing Infrastructure to Charge Electric Vehicles,
https://afdc.energy.gov/fuels/electricity_infrastructure.html (last visited March 5, 2025). BILL: CS/SB 700 Page 12
EV charging equipment is classified based on the rate of charge:
51
• Alternating Current (AC) Level 1 equipment provides charging through a common 120-volt
AC outlet. Most, if not all, EVs come with a portable Level 1 cord, so no additional charging
equipment is required. Level 1 chargers can take 40-50 hours to charge an all-electric vehicle
from empty and 5-6 hours to charge a PHEV from empty.
52
• AC Level 2 equipment offers charging through 240 volt (in residential applications) or 208-
volt charging. As of 2022, 80 percent of public EV charging ports in the country were Level
2.
53
Level 2 chargers can charge an all-electric vehicle from empty in 4-10 hours and a
PHEV from empty in 1-2 hours.
54
• Direct-current (DC) fast charging equipment enables rapid charging along heavy traffic
corridors at installed stations. As of 2022, more than 20 percent of public EV charging ports
in the country were DC fast chargers.
55
DC fast charging equipment can charge an all-electric
vehicle to 80 percent in 20 minutes to 1 hour.
56
Charging times vary depending on the depletion level of the battery, how much energy the
battery holds, the type of battery, temperature, and the type of supply equipment.
Currently, 44 of Florida’s 67 counties
57
collectively have 3,230 EV public charging stations
offering a total of 8,981 charging ports. AC Level 2 charging ports comprise 6,793 of these ports,
and DC fast charging ports comprise 2,164 of these ports.
58
Florida law requires the department
to adopt rules to provide definitions, methods of sale, labeling requirements, and price-posting
requirements for EV charging stations to provide consistency for consumers and the industry.
59
The State Constitution grants local county and municipal governments broad home rule
authority. Specifically, non-charter county governments may exercise those powers of self-
government provided by general or special law.
60
Those counties operating under a county
charter have all powers of self-government not inconsistent with general or with special law
approved by the vote of the electors.
61
Likewise, municipalities
62
have those governmental,
corporate, and proprietary powers enabling them to conduct municipal government, perform
51
U.S. Environmental Protection Agency (EPA), Plug-in Electric Vehicle Charging,
https://www.epa.gov/greenvehicles/plug-electric-vehicle-charging-basics (last visited March 5, 2025).
52
U.S. Dept. of Transportation (USDOT), Electric Vehicle Charging Speeds,
https://www.transportation.gov/rural/ev/toolkit/ev-basics/charging-speeds (last visited March 5, 2025).
53
DOE, supra note 1.
54
DOT supra note 3.
55
DOE, supra note 1.
56
DOT, supra note 3.
57
FDACS, Transportation, Alternative Fueling Stations and Electric Vehicle Charging Stations,
https://www.fdacs.gov/Business-Services/Energy/Florida-Energy-Clearinghouse/Transportation (last visited March 5, 2025)
58
U.S. Dept. of Energy, Alternative Fuels Data Center (AFDC), Alternative Fueling Station Counts by State,
https://afdc.energy.gov/stations/states (last visited March 5, 2025).
59
Section 366.94, F.S.
60
Art. VIII, s. 1(f), Fla. Const.
61
Art. VIII, s. 1(g), Fla. Const.
62
A municipality is a local government entity created to perform functions and provide services for the particular benefit of
the population within the municipality, in addition to those provided by the county. The term “municipality” may be used
interchangeably with the terms “town,”, “city,” and “village.” BILL: CS/SB 700 Page 13
their functions and provide services, and exercise any power for municipal purposes, except as
otherwise provided by law.
63
There are two ways that local government can be inconsistent with state law and therefore
unconstitutional. First, a local government cannot legislate in a field if the subject area has been
preempted to the state. Second, in a field where both the state and local government can legislate
concurrently, a local government cannot enact an ordinance that directly conflicts with the state
statute.
64
State law recognizes two types of state preemption: express and implied. Express preemption
requires a specific legislative statement of intent to preempt a specific area of law; it cannot be
implied or inferred.
65
In contrast, implied preemption exists if the legislative scheme is so
pervasive as to evidence an intent to preempt the particular area, and where strong public policy
reasons exist for finding such an area to be preempted by the Legislature.
66
Courts determining
the validity of local government ordinances enacted in the face of state preemption, whether
express or implied, have found such ordinances to be null and void.
67
Effect of Proposed Changes
Section 7 amends s. 366.94, F.S., to define “electric vehicle charging station” to mean the area in
the immediate vicinity of electric vehicle supply equipment and includes the electric vehicle
supply equipment, supporting equipment, and associated parking spaces.
The bill permits the department to adopt rules to protect the public health, safety, and welfare
and establish standards for the placement, design, installation, maintenance, and operation of
electric vehicle charging stations. The bill also permits local governments to issue permits for
charging stations. The bill requires charging stations to be registered with the department before
being placed in service.
The bill grants the department authority to inspect electric vehicle charging stations, conduct
investigations, and enforce the provisions and rules adopted under this subsection. The
department may impose one or more of the following penalties against a person who violates this
subsection, or any rule adopted under this subsection:
• Issuance of a warning letter.
63
Art. VIII, s. 2(b), Fla. Const.; see also section 166.021(1), F.S.
64
Orange County v. Singh, 268 So. 3d 668, 673 (Fla. 2019) (citing Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d
309, 314 (Fla. 2008)); see also James Wolf & Sarah Bolinder, The Effectiveness of Home Rule: A Preemptions and Conflict
Analysis, 83 Fla. Bar J. 92 (2009), https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-
preemption-and-conflict-analysis/ (last visited March 5, 2025).
65
City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantam of Brevard, Inc., 3 So. 3d at 1018.
66
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
67
See, e.g., National Rifle Association of America, Inc. v. City of South Miami, 812 So. 2d 504 (Fla. 3d DCA 2002)
(concluding that a City of South Miami local government ordinance, which purported to provide safety standards for
firearms, was null and void because the Legislature expressly preempted the entire field of firearm and ammunition
regulation when it enacted section 790.33, F.S.) BILL: CS/SB 700 Page 14
• Imposition of an administrative fine in the Class II category pursuant to s. 570.971, F.S., for
each violation.
The bill permits the department to prohibit the use of a charging station if it poses a threat to
public health, safety, or welfare.
The bill permits the department to bring legal action against a violation of this subsection or rules
adopted under this subsection in the circuit court of the county in which the violation occurs. The
court shall immediately issue the temporary or permanent injunction sought by the department.
The injunction shall be issued without bond.
Mosquito Control Districts
Present Situation
In the late 1800s, Floridians experienced major epidemics of yellow fever and malaria due to the
unchecked mosquito populations. Control efforts through organizations such as the Florida
Mosquito Control Association began in the early 1920s to combat mosquitoes and prevent
further transmission of mosquito-borne disease. By the mid-1920s, mosquito control programs
were beginning to form in the state to locally control mosquitoes and protect public health in
their regions. Today, Florida has over 60 state-approved mosquito control programs.
68
In addition to playing a key role in public health, mosquito control programs support the
economy by protecting Florida’s tourism and livestock industry. Today, millions of people can
enjoy Florida’s beaches and parks thanks to the efforts of our mosquito control programs.
69
Mosquito control programs work to suppress populations of mosquitoes by implementing
“integrated mosquito management.” This process includes crucial methods for mosquito
abatement, including population surveillance, source reduction, and various types of treatments
for immature and adult mosquitoes. As licensed pesticide applicators, mosquito control programs
are regulated by the department.
70
Effect of Proposed Changes
Section 8 amends s. 388.011, F.S., to replace mosquito control districts with mosquito control
programs in the definition of “board of commissioners.” The bill also adds city councils,
municipalities, or other similar governing bodies to the definition.
The bill revises the definition of “district” to include mosquito control special districts.
68
Florida Department of Agriculture and Consumer Services, Florida Mosquito Control, available at
https://www.fdacs.gov/Business-Services/Mosquito-Control/Mosquitoes-General-Information (last visited March 5, 2025).
69
Id.
70
Florida Department of Agriculture and Consumer Services, Mosquito Control Programs
, available at https://www.fdacs.gov/Business-Services/Mosquito-Control/Mosquito-Control-Programs (last visited March 5,
2025). BILL: CS/SB 700 Page 15
The bill defines the term “program” to mean any governmental jurisdiction that conducts
mosquito control, whether it be a special district, county, or municipality.
Section 9 amends s. 388.021, F.S., to make conforming changes to statute related to mosquito
control districts.
Section 10 amends s. 388.181, F.S., to make a conforming change replacing districts with
programs.
Section 11 amends s. 388.201, F.S., to make conforming changes replacing districts with
programs.
The bill requires a program’s tentative work plan to show the estimated unobligated or net
balance which will be on hand at the beginning of the fiscal year budget and to show the
estimated amount to be raised by county, municipality, or district taxes and from all other
sources for meeting the program’s the district’s requirements.
Section 12 amends s. 388.241, F.S., to grant the local board of county commissioners, or similar
governing bodies, all the rights, powers, and duties of a board of commissioners over counties or
cities where there is no formation of separate or special board of commissioners.
Section 13 amends s. 388.261, F.S., to add municipalities to entities eligible to use funds for the
control of mosquitoes. The bill also increases the amount of state aid a county or district can
receive for any new program meant to control mosquitoes and other arthropods from $50,000 to
$75,000 per year for up to 3 years. The new program must serve an area not previously served by
the county, municipality, or district.
Section 14 amends s. 388.271, F.S., to grant the department the ability to guide, review, approve,
and coordinate the activities of all county and municipal governments and special districts
receiving state funds in furtherance of the goal of integrated arthropod control.
The bill makes conforming changes replacing county with program in statute. The bill also
replaces the work plan with integrated arthropod management plan.
Section 15 amends s. 388.281, F.S., to make conforming changes replacing “county or district”
with program. The bill also requires that all funds, supplies, and services released to programs be
used in accordance with the integrated arthropod management and budget approved by both the
board of commissioners and appropriate representatives. The bill permits the integrated
arthropod management plan and budget to be amended at any time upon approval by the
department.
Section 16 amends s. 388.291, F.S., to make conforming changes replacing “county or district”
with program. The bill also permits a program to perform source reduction measures provided
that the department cooperating with the municipality has approved the operating or construction
plan as outlined in the integrated arthropod management plan. BILL: CS/SB 700 Page 16
Section 17 amends s. 388.301, F.S., to remove the requirement that state funds be paid quarterly
and replacing “county or district” with program.
Section 18 amends s. 388.311, F.S., to make a conforming change replacing “county or district”
with program.
Section 19 amends s. 388.321, F.S., to make a conforming change replacing “county or district”
with program.
Section 20 amends s. 388.322, F.S., to require that a record and inventory of certain property
purchased with state funds for arthropod control use owned by the program district and shall be
maintained in accordance with s. 274.02, F.S.
Section 21 amends s. 388.323, F.S., to require any serviceable equipment that was purchased
using state funds for arthropod control use but is no longer needed to be offered to any or all
other programs engaged in arthropod control at a price established by the board of
commissioners owning the equipment.
The bill also makes conforming changes replacing “county or district” with program.
The bill permits the proceeds from the sale of any real or tangible personal property owned by
the program and purchased using state funds to be deposited in the program’s state fund account.
Section 22 amends s. 388.341, F.S., to require each program receiving state aid to submit to the
department a monthly report for the preceding month of expenditures from all funds for
arthropod control within 30 days after the end of each month. The bill also requires each
program participating under this chapter to provide such reports of activities and
accomplishments.
Section 23 amends s. 388.351, F.S., to make conforming changes replacing “county or district”
with program.
Section 24 amends s. 388.361, F.S., to make conforming change replacing “districts” with
programs.
Section 25 amends s. 388.3711, F.S., to permit the department to issue a written warning, impose
a fine, or deny participation. The bill also permits the department to place a party in violation of
department rules on probation if it finds that imposing a fine would be detrimental to the public.
Section 26 amends s. 388.381, F.S., to make conforming changes replacing “county or district”
with program. The bill also replaces program with work for the controlling of mosquitoes and
other arthropods.
BILL: CS/SB 700 Page 17
Section 27 amends s. 388.391, F.S., to make conforming changes replacing “districts” with
programs.
Section 28 amends s. 388.401, F.S., to make conforming changes replacing “county or district”
with program.
Section 29 amends s. 388.46, F.S., to add a representative from the Center of Medical,
Agricultural, and Veterinary Entomology to the Florida Coordinating Council on Mosquito
Control. The bill also increases the amount of mosquito control directors from two to four and
permits members on the Florida Coordinating Council on Mosquito Control to serve until his or
her successor is appointed.
Section 98 reenacts s. 582.19, F.S., related to qualifications and tenure of supervisors.
Section 107 reenacts s. 189.062, F.S., related to special procedures for inactive districts.
Section 111 reenacts s. 487.156, F.S., related to governmental agencies.
Basin Management Action Plan (BMAP)
Present Situation
A BMAP is a framework for water quality restoration that contains a comprehensive set of
solutions to achieve the pollutant reductions established by a Total Maximum Daily Load
(TMDL).
71
Examples include permit limits on regulated facilities, urban and agricultural best
management practices, wastewater and stormwater infrastructure, and regional projects and
conservation programs designed to achieve pollutant reductions established by a TMDL. A
BMAP is developed with local stakeholders and relies on local input and commitment for
successful implementation. BMAPs are adopted by Secretarial Order and are legally enforceable.
BMAPs use an adaptive management approach that allows for incremental load reductions
through the implementation of projects and management strategies, while simultaneously
monitoring and conducting studies to better understand the water quality and hydrologic
dynamics. Progress is tracked by assessing project implementation and water quality analyses.
DEP continues to work with local and regional partners to identify additional projects necessary
to meet reduction milestones to achieve the TMDLs and inform funding priorities.
72
Effect of Proposed Changes
Section 30 amends s. 403.067, F.S., to exempt agricultural producers from the two-year best
management practices inspection if they are enrolled by the rule created by this section.
71
Florida Department of Environmental Protection, Water Quality Restoration Program, available at
https://floridadep.gov/dear/water-quality-restoration (last visited March 5, 2025).
72
Florida Department of Agriculture and Consumer Services, Basin Management Action Plan, available at
https://floridadep.gov/dear/water-quality-restoration/content/basin-management-action-plans-bmaps (last visited March 5,
2025). BILL: CS/SB 700 Page 18
The bill also permits the department to adopt rules which establish enrollment in best
management practices by rule that agricultural pollutant sources and agricultural producers may
utilize in lieu of the best management practices already established and identify best
management practices for landowners of parcels which meet the following requirements:
• A parcel not be less than 25 acres in size;
• A parcel designated as agricultural land use by the county in which it is located or the parcel
is granted agricultural tax classification by the county property appraiser of the county in
which it is located;
• A parcel with water use not exceeding 100,000 gallons per day on average unless the entire
use is met using recycled water from wet detention treatment ponds or reuse water;
• A parcel where the agricultural activity on the parcel is not vegetable crop, agronomic crop, a
nursery, or a dairy operation;
• A parcel not abutting an impaired water body identified in subsection (4); and
• A parcel not part of a larger operation that is enrolled in the Department of Agriculture and
Consumer Services best management practices or conducting water quality monitoring
prescribed by the department or a water management district.
The bill also requires the department to annually perform onsite inspections for 20% of the
enrollments that qualify under this section to ensure that practices are being properly
implemented. The bill requires these inspections to include a collection and review of the
identified best management practice documents from the previous two years. The bill requires all
agricultural producers enrolled in a best management practice to annually submit nutrient
records, including nitrogen and phosphorus fertilizer application records for the previous
calendar year, to the department.
Section 91 reenacts s. 403.182, F.S., related to local pollution control programs.
Section 92 reenacts s. 403.9337, F.S., related to fertilizer on farm operations or lands classified
as agricultural lands.
Section 99 reenacts s. 570.94, F.S., related to best management practices for wildlife.
Public Drinking Water System
Present Situation
Drinking water standards are regulations that Environmental Protection Agency (EPA) sets to
control the level of contaminants in the nation’s drinking water. The regulations also require
water monitoring schedules and methods to measure contaminants in water.
The standards are part of the Safe Drinking Water Act (SDWA)’s “multiple barrier” approach to
drinking water protection, which includes:
• Assessing and protecting drinking water sources,
• Protecting wells and collection systems,
• Making sure water is treated by qualified operators, BILL: CS/SB 700 Page 19
• Ensuring the integrity of distribution systems (for example, minimizing leaks, maintaining
adequate water pressure), and
• Making information available to the public on the quality of their drinking water.
73
There are two categories of drinking water standards:
• National primary drinking water regulations (NPDWR or primary standard):
• Legally-enforceable standards that apply to public water systems.
• Protect drinking water quality by limiting the levels of specific contaminants that can
adversely affect public health and are known or anticipated to occur in water from
public water systems.
• Take the form of maximum contaminant level or treatment technique rules.
• National secondary drinking water regulations (NSDWR or secondary standard):
• Non-enforceable guidelines for contaminants that may cause:
o Cosmetic effects (such as skin or tooth discoloration)
o Aesthetic effects (such as taste, odor, or color) in drinking water.
The EPA recommends secondary standards to water systems but does not require systems to
comply (except for the public notice required for exceedance of the fluoride secondary standard);
however, states may choose to adopt them as enforceable standards.
74
In November 2024, the Florida Department of Health released a Guidance for Community Water
Fluoridation memo.
75
The State Surgeon General Dr. Joseph A. Ladapo recommends against
community water fluoridation due to the neuropsychiatric risk associated with fluoride exposure
and provided studies on the effects of fluoride on children.
76
There are currently at least 29
counties that actively fluoridate their water.
77
Effect of Proposed Changes
Section 31 amends s. 403.852, F.S., to define “water quality additive” to mean any chemical or
additive which is used in a public water system for the purpose of removing contaminants or
increasing water quality. The term does not include additives used for health-related purposes.
Section 32 amends s. 403.859, F.S., to prohibit the use of any additives in a public water system
which do not meet the definition of a water quality additive as defined in s. 403.852, F.S., or the
use of any additives included primarily for health-related purposes.
73
US Environmental Protection Agency, What are drinking water standards?, available at https://www.epa.gov/sdwa/how-
epa-regulates-drinking-water-contaminants (last visited March 5, 2025).
74
Id.
75
FL Department of Health, Guidance for Community Water Fluoridation, available at
https://www.floridahealth.gov/_documents/newsroom/press-
releases/2024/11/GUIDANCECommunityWaterFluoridation.pdf?utm_medium=email&utm_source=govdelivery (last visited
March 5, 2025).
76
Id.
77
FL Department of Health, Public Water Systems Actively Fluoridating, available at
https://www.floridahealth.gov/programs-and-services/community-health/dental-
health/Fluoridation.html?utm_medium=email&utm_source=govdelivery (last visited March 5, 2025). BILL: CS/SB 700 Page 20
Pest Control Examinations, Licensing, and Certification Programs
Present Situation
For structural pest control (pest control provided to homes or other structures), Florida law
requires that each pest control business location must:
• Be licensed by the department,
• Carry the required insurance coverage ($250,000 per person and $500,000 per occurrence
for bodily injury and $250,000 per occurrence and $500,000 in the aggregate for property
damage, or a combined single limit coverage of $500,000 in the aggregate), and
• Employ full-time a Florida-certified operator in charge of the pest control operations of the
business location. This operator must be certified in the categories in which the business
operates:
• General Household Pest and Rodent Control,
• Termite and Other Wood-Destroying Organisms Control, or
• Lawn and Ornamental Pest Control, and/or Fumigation.
78
The business license fee is $300, and the fee for each employee identification card is $10.
79
A certified operator is an individual who has passed an examination administered by the
department in any of four certification categories:
• General Household and Rodent Control;
• Lawn and Ornamental Pest Control;
• Termite and Other Wood-Destroying Organisms Control; and
• Fumigation.
80
A person can be certified in just one or all four categories.
A company’s pest control operations are the responsibility of the certified operator in charge and
the business operations are limited to the category (or categories) possessed by the certified
operator (or operators) in charge at the business location.
81
The department also administers four Limited Certification Categories:
• Commercial Landscape Maintenance applicators,
• Governmental or Private applicators,
• Commercial Urban Fertilizer applicators, and
78
FDACS, Pest Control Licensing and Certification, available at, https://www.fdacs.gov/Business-Services/Pest-
Control/Licensing-and-Certification (last visited March 5, 2025).
79
Id.
80
FDACS, Pest Control FAQ, available at, https://www.fdacs.gov/Business-Services/Pest-Control/Pest-Control-FAQ (last
visited March 5, 2025).
81
Id. BILL: CS/SB 700 Page 21
• Commercial Wildlife Management.
82
None of these certifications allows the operation of a commercial pest control business.
Effect of Proposed Changes
Section 33 amends s. 482.111, F.S., to permit the department to provide the pest control
operator’s certificate examination in person and remotely through a third-party vendor. The bill
also permits the third-party vendor to collect and retain a convenience fee.
Section 34 amends s. 482.141, F.S., to permit the department to provide the pest control
operator’s certificate examination in person and remotely through a third-party vendor. The bill
also permits the third-party vendor to collect and retain a convenience fee.
Section 35 amends s. 482.155, F.S., to permit the department to provide the limited certification
for governmental pesticide applicators or private applicators examination in person and remotely
through a third-party vendor. The bill also permits the third-party vendor to collect and retain a
convenience fee.
Section 36 amends s. 482.156, F.S., to permit the department to provide the certification for
limited certification for commercial landscape maintenance personnel examination in person and
remotely through a third-party vendor. The bill also permits the third-party vendor to collect and
retain a convenience fee.
Section 37 amends s. 482.157, F.S., to permit the department to provide the certification for
limited certification for commercial wildlife management personnel examination in person and
remotely through a third-party vendor. The bill also permits the third-party vendor to collect and
retain a convenience fee.
Section 38 amends s. 482.161, F.S., to permit the department to impose disciplinary actions
against a licensee or certificate holder based upon the issuance of a final order imposing civil
penalties under subsection 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) or a criminal conviction under subsection 14(b) of FIFRA.
Section 39 amends s. 487.044, F.S., to permit the department to provide the certification for
certified applicator’s license examination in person and remotely through a third-party vendor.
The bill also permits the third-party vendor to collect and retain a convenience fee.
Section 40 amends s. 487.175, F.S., to permit the department to impose disciplinary actions
against a license holder based upon the issuance of a final order imposing civil penalties under
subsection 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a
criminal conviction under subsection 14(b), of FIFRA.
82
FDACS, Pest Control Licensing and Certification, available at, https://www.fdacs.gov/Business-Services/Pest-
Control/Licensing-and-Certification (last visited March 5, 2025). BILL: CS/SB 700 Page 22
Section 96 reenacts s. 487.081, F.S., related to exemptions to pesticide contamination of soil or
water.
Section 109 reenacts s. 388.261, F.S., related to state aid to counties and districts for arthropod
control.
Section 110 reenacts s. 482.072, F.S., related to pest control customer contact centers.
Section 111 reenacts s. 482.163, F.S., related to responsibility for pest control activities of
employees.
Charitable Organizations
Present Situation
Organizations intending to solicit donations in Florida are required to register with the
department pursuant to the Solicitation of Contributions Act.
83
The Act contains basic
registration, financial disclosure, and notification requirements for charitable organizations and
sponsors,
84
fundraising consultants, and solicitors.
Organizations must submit an initial registration statement to the department and include a
financial report, a statement of the purpose of the charity, how donations will be used, names of
individuals in charge of solicitation activities, and proof of federal tax-exempt status. The charity
must also identify any professional solicitors and fundraising consultants the charity will use,
along with the terms of the arrangements for compensation to be paid to the consultant and
solicitor. The registration must include a statement related to the charity’s activity in other states,
including whether the charity is authorized to operate in another state; whether the charity’s
registration has been denied, suspended, or revoked in another state; and whether the charity or
any person associated with the charity has been subject to any adverse administrative actions or
criminal convictions in any state.
85
The following charitable organizations and sponsors are exempt from the registration
requirements:
• A person who is soliciting for a named individual;
• A charitable organization or sponsor that limits solicitations of contributions to the
membership of the charitable organization or sponsor;
• Any division, Department, post, or chapter of certain veterans’ service organizations are
exempt from the registration requirements; or
83
Section 496.401, F.S.
84
A sponsor is a group or person who is or holds itself out to be soliciting contributions by the use of a name that implies that
the group or person is in any way affiliated with or organized for the benefit of emergency service employees or law
enforcement officers and the group or person is not a charitable organization. The term includes a chapter, branch, or affiliate
that has its principal place of business outside the state if the chapter, branch, or affiliate solicits or holds itself out to be
soliciting contributions in the state. Section 496.404(25), F.S.
85
Section 496.405(2), F.S. BILL: CS/SB 700 Page 23
• A charitable organization that has less than $50,000 in total revenue so long as they did not
employ professional solicitors or have paid employees.
86
Before soliciting contributions, the charitable organization or sponsor claiming the exemption
must provide the department with certain financial and identifying information including the
name, address, and telephone number of the charitable organization or sponsor, the name under
which it intends to solicit contributions, the purpose for which it is organized, and the purpose
for which the contributions to be solicited will be used.
87
A charitable organization or sponsor that is required to register or renew registration must file an
annual financial statement for the immediate preceding year with the department. The statement
must include:
• A balance sheet;
• A statement of support, revenue and expenses;
• Names and addresses of any charities, professional fundraising consultants, professional
solicitors, and commercial co-ventures used and the amounts received from each of them;
and
• A statement of functional expenses that must include program service costs, management and
general costs, and fundraising costs.
88
Upon the showing of good cause by a charitable organization or sponsor, the department may
extend the time for the filing of a financial statement by up to 180 days.
89
Charitable organizations or sponsors can solicit contributions only for the purpose expressed in
the solicitation for contributions or the registration statement. The following disclosures must be
included at the point of solicitation:
• The name of the organization or sponsor and principal place of business of the organization
or sponsor;
• A description of the purpose for which the solicitation is being made;
• The name and address or telephone number of a person to whom inquiries may be addressed;
• The amount of the contribution which may be deducted from federal income tax; and
• The source from which a written financial statement may be obtained.
90
Professional fundraising consultants
91
are required to annually register and pay a $300 fee to the
department before operating in Florida.
92
Additionally, professional fundraising consultants who
86
Section 496.406(1), F.S.
87
Section 496.406(2), F.S.
88
Section 496.407(1), F.S.
89
Section 496.407(3), F.S.
90
Section 496.411, F.S.
91
A professional fundraising consultant is a person retained by a charitable organization or sponsor for a fixed fee or rate
under a written agreement to plan, manage, conduct, carry on, advise, consult, or prepare material for a solicitation of
contributions in Florida but who does not solicit contributions or employ, procure, or engage any compensated person to
solicit contributions and who does not at any time have custody or control of contributions. Section 496.404(20), F.S.
92
Section 496.409(1),(3), F.S. BILL: CS/SB 700 Page 24
enter into agreements with charities may do so only if the charity has complied with ch. 496, F.S.
and has obtained approval from the department of a registration statement.
93
Applications for registration or renewal must be signed by an authorized official of the
professional fundraising consultant and must include certain identifying information such as
the names and residence addresses of all principals of the applicant, including all officers,
directors, and owners; the form of the applicant’s business; and the street address and telephone
number of the principal place of business of the applicant and any Florida street addresses if the
principal place of business is located outside of Florida.
94
After receiving the registration statement, the department has 15 business days to either approve
the registration or notify the consultant that the registration requirements are not satisfied. If,
after 15 days the department has not notified the consultant, the registration is deemed
approved.
95
Anyone who willfully violates ch. 496, F.S., commits a third degree felony
96
and a second degree
felony
97
for a subsequent conviction.
98
Additionally, the department may enter an order imposing
a range of administrative penalties, including imposing an administrative fine up to $5,000 for
each act or omission as well as a fine up to $10,000 for any violating of ch. 496, F.S., that
involves fraud or deception.
99
Effect of Proposed Changes
Section 41 amends s. 496.404, F.S., to define “foreign country of concern” to mean the People’s
Republic of China, the Russian Federation, the Islamic Republic of Iran, the Venezuelan regime
of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity
under significant control of such foreign country of concern. The bill also defines “foreign
source of concern” and “controlling interest.”
Section 42 amends s. 496.405, F.S., to require a charitable organization or sponsor to provide an
attestation statement to the department before engaging in solicitation of funds in the state. The
bill requires that the attestation statement must be submitted on a form prescribed by the
department and signed by an authorized official of the charitable organization who must attest
that the charitable organization is registered with the department of State if required by law.
The bill also requires an attestation statement signed and attested by an authorized official of the
charitable organization, that the organization, if prohibited by applicable federal or state law, is
93
See s. 496.409(6), F.S.
94
Section 496.409(2), F.S.
95
Section 496.409(6), F.S.
96
A third degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
97
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Sections 775.082 and 775.083,
F.S.
98
Section 496.417, F.S.
99
Section 496.419, F.S. BILL: CS/SB 700 Page 25
not engaged in activities that would require registration with the Department of State as required
by law.
The bill permits the department to investigate and refer a charitable organization or sponsor to
the Florida Elections Commission for investigation of violations.
Section 43 amends s. 496.415, F.S., to prohibit the solicitation or accepting of contributions or
anything of value from a foreign source of concern.
Section 44 amends s. 496.417, F.S., to permit the department to investigate and refer a charitable
organization or sponsor to the Florida Elections Commission for investigation of violations.
Section 45 amends s. 496.419, F.S., to prohibit a charitable organization or sponsor whose
registration is denied or revoked for submitting a false attestation from registering as a charitable
organization or sponsor for 5 years for an initial violation and prohibits them from registering as
a charitable organization or sponsor following any subsequent violations.
The bill also prohibits a person serving as a board member, executive leadership team member,
or registering agent of a charitable organization at the time in which the charitable organization
is found to have submitted a false attestation from serving in any capacity with a charitable
organization required to comply with the requirements of s. 496.405, F.S., and 496.406, F.S., for
5 years after the date of the violation of this subsection.
Section 46 creates s. 496.431, F.S., to create the Honest Service Registry. The bill permits the
department to create the Honest Services Registry to provide the residents of this state with the
information necessary to make an informed choice when deciding which charitable organizations
to support. In order to be included on the Honest Services Registry, a charitable organization
must, at a minimum, submit to the department an attestation statement on a form prescribed by
the department, verified as provided in s. 92.525, F.S., attesting to all of the following:
• That the organization does not solicit or accept, directly or indirectly, contributions, funding,
support, or services from a foreign source of concern.
• That the organization’s messaging and content are not directly or indirectly produced or
influenced by a foreign source of concern.
The bill permits the department to publish the Honest Services Registry on the department’s
website and grants the department rulemaking authority.
Section 113 reenacts s. 496.4055, F.S., related to charitable organization or sponsor board duties.
Section 114 reenacts s. 496.406, F.S., related to charitable organization exemption from
registration.
BILL: CS/SB 700 Page 26
Retail Food Establishment Permit
Present Situation
The department issues retail food permits to food establishments selling directly to customers.
These food establishments may include supermarkets, grocery stores, convenience stores, coffee
shops, bakeries, retail meat markets, retail seafood markets, juice and smoothie bars, ice/water
vending machines, food salvage stores, businesses selling prepackaged foods (including hemp
extract intended for human consumption, which includes CBD or other cannabinoids; and
kratom intended for human consumption), and department-regulated mobile food units selling
only prepackaged foods or non-potentially hazardous food items.
100
Effect of Proposed Changes
Section 47 amends s. 500.03, F.S., to amend the definition of “cottage food product” to include
food that is not time or temperature controlled for safety.
Section 48 amends s. 500.12, F.S., to add a requirement that food being sold by a person or
business is not age restricted to the list of qualifying exemptions to the food permit requirement.
The bill also amends food permit renewal timelines and permits the department to establish a
single permit renewal date for multiple food establishments owned by the same entity.
Section 115 reenacts s. 500.80, F.S., related to cottage food operations.
Section 116 reenacts s. 500.121, F.S., related to product manufacturer disciplinary procedures.
Interstate Commerce and Terminal Market Inspections
Present Situation
The department conducts inspections of fresh and processed fruits, vegetables, nuts, and
specialty products to certify the class, quality, quantity, and condition of agricultural products
when shipped or received in interstate commerce.
101
The department also inspects government
procurement orders and imports and exports.
102
Anyone with a financial interest in a load of
product may request grading services. The inspectors perform their duties at field locations, in
packing sheds, at receiving markets and distribution centers, and in processing plants.
103
100
FDACS, Business Services, Retail Food Establishment Permit, available at https://www.fdacs.gov/Business-
Services/Food/Food-Establishments/Retail-Food-Establishment-Permit (last visited March 5, 2025).
101
FDACS, Business Services, Terminal Market Inspections
, https://www.fdacs.gov/Agriculture-Industry/Fruit-and-Vegetables/Terminal-Market-Inspections (last visited March 5,
2025).
102
Section 500.166, F.S.
103
FDACS, Business Services, Terminal Market Inspections
, https://www.fdacs.gov/Agriculture-Industry/Fruit-and-Vegetables/Terminal-Market-Inspections (last visited March 5,
2025). BILL: CS/SB 700 Page 27
Applicants may specify the type of inspection required according to U.S. Grade Standards and
contract terms— i.e., full inspection (quality and condition), condition only, weight or count
only, temperature only, or a combination of these certifications. Services are mostly voluntary,
except when mandated by federal marketing orders.
104
Carriers engaged in interstate commerce and persons receiving food in interstate commerce
must, upon the request by an officer or employee duly designated by the department, permit the
officer or employee to have access to and to copy all records showing the movement in interstate
commerce of any food, and the quantity, shipper, and consignee thereof.
105
An agent of the department may issue and enforce a stop-sale, removal, or hold order to detain or
embargo when he or she finds or has probable cause to believe that any food, food processing
equipment, food processing area, mislabeled food, or food storage area is in violation of
department rules, and is so found to be dangerous, unwholesome, fraudulent, or insanitary.
106
Effect of Proposed Changes
Section 49 amends s. 500.166, F.S., to require carriers engaged in interstate commerce and
persons receiving food in interstate commerce to retain all records for three years from the date
of the record showing the movement in interstate commerce of any food and the quantity,
shipper, and consignee thereof.
Section 50 amends s. 500.172, F.S., to permit the department to enter into a written agreement
with the owner of such food, food processing equipment, food processing area, or food storage
area, or otherwise facilitate the destruction of any article found or suspected by the department to
be in violation. The bill prohibits the removing, use, or disposal of any article found or suspected
by the department to be in violation without written agreement from the department.
Mushrooms and Mycelium Spores
Present Situation
Psilocybe mushrooms, also known as “magic mushrooms” or “shrooms,” are hallucinogenic
drugs that contain the drug psilocybin.
107
They became popular in the United States during the
1960s when American researchers first studied their healing properties and medical applications.
Now, they are listed as a Schedule I controlled substance by the U.S. government, meaning they
have no accepted medical use.
108
104
Id.
105
Section 500.166, F.S.
106
Section 500.172(1), F.S.
107
The History of Psilocybin Mushrooms, Cooper Nicholson,
https://opentextbooks.clemson.edu/hlth4000holcombtugman/chapter/the-history-of-psilocybin-mushrooms/ (last visited
March 5, 2025).
108
Id. BILL: CS/SB 700 Page 28
Mushrooms are the reproductive structures of many species in the kingdom Fungi. They are
sometimes referred to as “fruiting bodies” or sporocarps. The majority of fungi grow as
microscopic filaments that are referred to as hyphae.
109
When hyphae are aggregated into a dense
mat, they are often referred to as a mycelium. Mycelium is a part of a fungus that produces
spores at a certain stage, making mycelium a key part in fungal reproduction.
110
As described in s. 893.03(c)(33), F.S., any material, compound, mixture, or preparation that
contains the hallucinogenic substance known as Psilocybin has high potential for abuse and is
not currently accepted as medical treatment in the United States.
Effect of Proposed Changes
Section 51 creates s. 500.75, F.S., to provide that it is unlawful to transport, import, sell, offer for
sale, furnish, or give away spores or mycelium capable of producing mushrooms or other
material which will contain a controlled substance, including psilocybin or psilocyn, during its
lifecycle. The bill provides that any person who violates this section commits a misdemeanor
first degree, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S.
Plant-based Products
Present Situation
Plant-based foods and beverages are often marketed and sold as alternatives to conventional
animal products. Consumer demand for plant-based alternatives to animal products has
increased, and the types and varieties of plant-based alternatives have expanded.
111
Product
options resembling the flavor, form or cut (such as burger or fillet), texture, and appearance of
animal foods such as eggs, seafood, poultry, meat, cheese and yogurt, and milk are now
available. Consumers purchase plant-based alternatives for various reasons, including dietary
choices (e.g., vegan/vegetarian diets), taste preferences, religious practices, and environmental
concerns. The FDA has published guidance to assist producers of plant-based milk and other
animal food alternatives in providing consumers with clear labeling to help them make more
informed dietary choices.
112
Section 401 of the FD&C Act (21 U.S.C. 341) gives the FDA the authority to establish
definitions and standards of identity for foods.
113
The FDA provides that plant-based alternative
foods tend to be sold in packaged form, and therefore, in the absence of a common or usual
name, it is recommended that they should be labeled with a statement of identity that accurately
describes the food.
114
109
IFAS, A Basic Guide to Mushrooms Commonly Encountered in Potted Plants in Florida, available at
https://www.fs.usda.gov/nrs/pubs/jrnl/2024/nrs_2024_karlsen-ayala_001.pdf (last visited March 5, 2025).
110
Id.
111
FDA, Plant-Based Milk and Animal Food Alternatives, available at https://www.fda.gov/food/nutrition-food-labeling-and-
critical-foods/plant-based-milk-and-animal-food-alternatives, (last visited March 5, 2025).
112
Id.
113
FDA, Labeling of Plant-Based Alternatives to Animal-Derived Foods: Draft Guidance for Industry, available at
https://www.fda.gov/media/184810/download, (last visited March 5, 2025).
114
Id. BILL: CS/SB 700 Page 29
There are currently several states that have laws related to the proper labeling of meat and plant-
based products.
115
Effect of Proposed Changes
Section 52 creates s. 500.93, F.S., to provide definitions for “egg,” “egg product,” “FDA,”
“meat,” “milk,” and “poultry” or “poultry product” to align with the federal definitions. The bill
grants the department rulemaking authority to enforce the FDA’s standard of identity for milk
and prohibit the sale of plant-based products mislabeled as milk in the state. The bill provides
that this subsection is effective upon the enactment into law of a mandatory labeling requirement
to prohibit the sale of plant-based products mislabeled as milk, consistent with this section, by
any 11 of the group of 14 states identified in statute.
116
The bill grants the department rulemaking authority to enforce the FDA’s standard of identity for
meat, poultry, and poultry products, as adopted in this section, to prohibit the sale of plant-based
products mislabeled as meat, poultry, or poultry products in this state. The bill also provides that
this subsection is effective upon the enactment into law of a mandatory labeling requirement to
prohibit the sale of plant-based products mislabeled as meat, poultry, or poultry products, eggs
and egg products, that is consistent with this section, by any 11 of the group of 14 states
identified in statute.
117
The bill requires the department to notify the Division of Law Revision upon by any enactment,
by any 11 of the group of 14 states identified in statute, regarding mandatory labeling
requirements.
118
The bill provides that this section may not be construed to limit the department’s authority to
enforce its laws and regulations.
Section 53 repeals s. 501.135, F.S.
Section 54 amends s. 501.912, F.S., to amend the definition of “antifreeze” to include coolant.
The bill also removes the cooling system of internal combustion engines of motor vehicles from
the intended use of antifreeze. The bill adds the ability to aid in vehicle component cooling as an
intended use of antifreeze.
115
Penn State Law, Scope of the Meat Labeling Law Issue Tracker, available at, https://aglaw.psu.edu/research-by-
topic/issue-tracker/meat-labeling-law-2018-present/ (last visited March 5, 2025).
116
The 14 states are composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi,
Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
117
Id.
118
Id. BILL: CS/SB 700 Page 30
Petroleum Inspection
Present Situation
The department regularly conducts inspections of petroleum distribution systems and analyzes
samples of petroleum products to ensure that Florida consumers are getting the amount they pay
for and the quality they expect. Gasoline, alternative fuels (E85, biodiesel, ethanol, etc.),
kerosene, diesel, fuel oil, antifreeze products, and brake fluid products are routinely tested and
must meet strict standards.
119
The department inspects retail gas stations across Florida, ensuring that fuel dispensers are
working safely and properly. They investigate fraud to protect consumers. The department also
conducts annual Meter Mechanic Clinics across the state. Clinic attendance is mandatory for all
technicians who repair or install petroleum fuel measuring devices, as part of the registration
process
Effect of Proposed Changes
Section 55 creates s. 525.19, F.S., to create an annual petroleum registration program for
petroleum owners or operators that own and operate vehicles for transporting petroleum products
and permits the department to adopt rules detailing the requirements for such registration. The
bill provides that the registration program must be free for all registrants.
The bill grants the department the authority to require registrants to provide updates related to
the status of infrastructure, inventory, and delivery information during a state of emergency as
declared by an executive order issued by the Governor.
Section 56 creates s. 526.147, F.S., to create the Florida Retail Fuel Transfer Switch
Modernization Grant Program, subject to appropriation, within the department. The bill provides
the maximum award amounts for grants, their intended use, and the criteria for awarding grants.
The bill permits the department, in consultation with the Division of Emergency Management, to
adopt rules to implement and administer this section, including establishing grant application
processes for the Florida Retail Fuel Transfer Switch Modernization Grant Program. The rules
must include application deadlines and establish the supporting documentation necessary to be
provided to the department.
Bureau of Standards, Packages, and Weights, Measures, and Standards
Present Situation
The department’s Bureau of Standards is responsible for the inspection of weights and measures
devices or instruments in Florida.
120
“Weights and measures” is defined as all weights and
119
FDACS, Petroleum Inspection, available at https://www.fdacs.gov/Business-Services/Petroleum-Inspection (last visited
March 5, 2025).
120
Ch. 531, F.S. “Weights and Measures Act of 1971” BILL: CS/SB 700 Page 31
measures of every kind, instruments, and devices for weighing and measuring, and any appliance
and accessories associated with any or all such instruments and devices, excluding taximeters,
transportation measurement systems, and those weights and measures used for the purpose of
inspecting the accuracy of devices used in conjunction with aviation fuel.
121
The weights and
measures program is funded through permit fees.
122
Any package kept for the purpose of sale or offered or exposed for sale must bear on the outside
of the package a conspicuous declaration of the identity of the commodity in the package, unless
it can easily be identified through the wrapper or container; the net quantity of contents in terms
of weight, measure, or count; and the name and place of business of the manufacturer, packer, or
distributor, in the case of any package kept or offered or exposed for sale or sold in any place
other than on the premises where packed.
123
Additionally, any package being one of a lot containing random weights of the same commodity
and bearing the total selling price of the package must bear on the outside of the package a plain
and conspicuous declaration of the price per single unit of weight.
124
When a packaged commodity is advertised in any manner with the retail price stated, there must
be closely and conspicuously associated with the retail price a declaration of quantity as required
by law or rule to appear on the package.
125
Effect of Proposed Changes
Section 57 amends s. 531.48, F.S., to remove the requirement that any package in a lot of
containing random weights of the same commodity must bear the total selling price of the
package. The bill requires each package to bear on the outside of the package a plain and
conspicuous declaration of the price per single unit of weight and the total retail price of the
package, as defined by department rule.
Section 58 amends s. 531.49, F.S., to require package commodities to have a declaration of
quantity as required by law or rule on the package.
Supporting the Future of Agriculture in Florida
Present Situation
The Bronson Animal Disease Diagnostic Laboratory (BADDL) provides consummate scientific
expertise in the detection and investigation of animal diseases that affect human and animal
health. The goal and direction are to enhance BADDL’s capabilities, as science advances, and to
expand their availability to those who are served.
126
121
Section 531.37(1), F.S.
122
Section 531.63, F.S.
123
Section 531.47, F.S.
124
Section 531.48, F.S.
125
Section 531.49, F.S.
126
FDACS, Bronson Animal Disease Diagnostic Laboratory (BADDL), available at https://www.fdacs.gov/Agriculture-
Industry/Livestock/Bronson-Animal-Disease-Diagnostic-Laboratory-BADDL (last visited March 5, 2025). BILL: CS/SB 700 Page 32
Accredited by the American Association of Veterinary Laboratory Diagnosticians as a full-
service veterinary diagnostic laboratory, BADDL is the only accredited laboratory in Florida and
is committed to providing state-of-the-art, quality diagnostic services concentrated on maximum
testing accuracy, timeliness and cost-effectiveness. Attaining these goals not only provides
immediate benefits to the animal owner but also ensures the success of a disease surveillance
system that provides an early detection system for high-consequence animal diseases.
127
BADDL is a part of the National Animal Health Laboratory Network (NAHLN), a group of state
and regional laboratories performing surveillance testing for high-consequence agricultural and
zoonotic pathogens, organized by the U.S. Department of Agriculture's Animal and Plant Health
Inspection Service. BADDL staff receive annual training, follow nationwide standard operating
procedures, and stand ready to perform surge capacity testing in the event of an animal disease
outbreak. As a member of NAHLN, BADDL performs testing and surveillance for avian
influenza, foot and mouth disease, vesicular stomatitis, contagious equine metritis, classical
swine fever (hog cholera), scrapie, and chronic wasting disease in deer.
128
4-H is the nation’s largest youth development organization. Over 230,000 members in the State
of Florida help to make up the community of more than 6.5 million young people across
America. 4-H is a non-formal, practical educational program for youth. Florida 4-H is the youth
development program of Florida Cooperative Extension, a part of the University of Florida
IFAS.
129
4-H is open to all youth, ages five through 18, determined as of September 1 of the current 4-H
program year and open to all counties in the State of Florida. 4-H serves youth from all
backgrounds and interests. It reaches both boys and girls through 4-H clubs, special interest
groups and short-term projects, school-age childcare, individual and family learning and
mentoring, camping, and school enrichment. There are three primary program areas, or mission
mandates: science, citizenship, and healthy living.
130
Future Farmers of America (FFA) is an extracurricular student organization for those interested
in agriculture and leadership. It is one of the three components of agricultural education.
131
FFA develops members’ potential and helps them discover their talent through hands-on
experiences, which give members the tools to achieve real-world success. Members are future
farmers, chemists, veterinarians, government officials, entrepreneurs, bankers, international
business leaders, teachers, and premier professionals in many career fields.
132
127
Id.
128
Id.
129
Florida 4-H, What is 4-H?, https://florida4h.ifas.ufl.edu/about-us/ (last visited March 5, 2025).
130
Id.
131
FFA, What is FFA, available at https://www.ffa.org/about-us/what-is-ffa/ (last visited March 5, 2025).
132
FFA, What is FFA, available at https://www.ffa.org/about/ (last visited March 5, 2025). BILL: CS/SB 700 Page 33
State Contracts
s. 287.042 and 287.057, F.S. grants agencies the ability to contract out services for the best
interests of the public. DMS is statutorily designated as the primary state agency overseeing
procurement
133
and its responsibilities include creating uniform agency procurement rules,
134
implementing the online procurement program,
135
and procuring state term contracts.
136
The Division of Administration manages the administrative functions of the department and
reports to the Office of the Commissioner. The division’s responsibilities include personnel
management, finance and accounting services, professional and organizational development,
information technology support and general services, including procurement, contract
management and facilities management.
137
Effect of Proposed Changes
Section 59 amends s. 570.07, F.S., to permit the department to reimburse the educational
expenses of qualified veterinary pathologists who enter into an agreement with the department to
retain employment for a specified period of time.
Subject to appropriation, the bill also extends state and national Future Farmers of America
opportunities to any public-school student enrolled in agricultural education, at little or no cost to
the student or school district, and to support statewide Future Farmers of America programming
that helps such students develop their potential for premier leadership, personal growth, and
career success.
The bill permits the department to directly use contracts procured by another agency. The bill
also provides the term “agency” has the same meaning as provided in s. 287.012, F.S.
Section 60 amends s. 570.544, F.S., to permit the Division of Consumer Services director to
enforce provisions outlined in statute.
Section 61 creates s. 570.546, F.S., to permit the department to:
• Create a process for the bulk renewal of licenses which will allow licensees the ability, upon
request, to submit all license applications of the same type, notwithstanding any provisions of
law applicable to each application process.
• Create a process that will allow licensees, upon request, to align the expiration dates of
licenses within a statutory program.
• Change the expiration dates for current licensees for the purpose of reducing large numbers
of license expirations that occur during the same month.
133
ss. 287.032 and 287.042, F.S.
134
ss. 287.032(2) and 287.042(3), (4), and (12), F.S.
135
s. 287.057(24), F.S.
136
ss. 287.042(2) and 287.056, F.S.
137
FDACS, Division of Administration, available at https://www.fdacs.gov/Divisions-Offices/Administration (last visited
March 5, 2025). BILL: CS/SB 700 Page 34
The bill permits the department to prorate any licensing fee for which the term of the license was
reduced for the purposes of alignment. The bill also grants the department rulemaking authority
to implement this section.
Florida Aquaculture
Present Situation
Section 597.0015, F.S. defines aquaculture as the cultivation of aquatic organisms.
138
Broadly,
aquaculture involves breeding, rearing, and harvesting of aquatic organisms in controlled
environments for commercial, recreational, or public purposes.
139
Aquaculture is a rapidly growing industry in Florida, with over one thousand aqua culturists
growing over 1,5000 species of aquatic crops
140
and an approximate total of $100 million
141
in
annual sales. Florida’s subtropical climate and extensive coastline provides optimal conditions
for aquaculture farming. Aquatic crops grown by Florida aqua culturists involve both marine and
freshwater species and environments including plants, catfish, molluscan shellfish, shrimp,
tilapia, tropical and ornamental fish, alligator, and other aquatics and fish.
142
Overall, the Florida
aquaculture industry accounts for 95% of tropical fish sales nationwide.
143
Florida aquaculture benefits food production, economic growth, aquascapes for aquariums and
zoos, restoration of threatened and endangered species and their habitats, diversity of food
systems, and boosts wild stock populations; however, unregulated, the industry may cause water
pollution from nutrient discharge and chemical use, ecosystem destruction, possible release of
invasive or non-native species during climate events, and the spread of disease from captive to
wild populations.
144
The department hosts the Division of Aquaculture which is responsible for implementing the
Florida Aquaculture Policy Acy in ch. 597, F.S.
145
The act declares aquaculture as agriculture
and assigns the department responsibility of the industry.
138
Section 597.0015, F.S.
139
National Oceanic and Atmospheric Administration, What is Aquaculture?, (August 9, 2016), available at
https://www.noaa.gov/stories/what-is-aquaculture (last visited March 12, 2025).
140
FDACS, Florida Aquaculture Industry Overview, (August 2020), available at
https://ccmedia.fdacs.gov/content/download/91723/file/FDACS-P-02145-2020FLAquacultureIndustryOverview.pdf (last
visited March 12, 2025).
141
Megan Winslow, Farm but no fowl: How Florida aquaculture is growing the economy, University of Florida News,
(March 12, 2025), available at https://news.ufl.edu/2025/03/florida-aquaculture-/ (last visited March 12, 2025).
142
University of Florida IFAS Extension, Aquatic Crops, available at https://sfyl.ifas.ufl.edu/agriculture/aquatic-crops/ (last
visited March 12, 2025).
143
University of Florida IFAS Extension, Aquaculture, available at https://sfyl.ifas.ufl.edu/agriculture/aquaculture/ (last
visited March 12, 2025).
144
Levi Hoskins, Tell Me About: Aquaculture, UF Thompson Earth Systems Institute, (November 1, 2024), available at
https://www.floridamuseum.ufl.edu/earth-systems/blog/tell-me-about-aquaculture/ (last visited March 12, 2025).
145
Chapter 597, F.S BILL: CS/SB 700 Page 35
Direct-support organizations
Direct-support organizations are defined as an organization that is a Florida corporation not for
profit incorporated under chapter 617 and approved by the department to operate for the benefit
of a museum or a designated program.
146
The department may authorize the establishment of
direct-support organizations to provide assistance, funding, and promotional support for
programs of the department.
147
Section 62 creates s. 570.694, F.S., to establish the Florida Aquaculture Foundation as a direct-
support organization within the department. The bill provides the purpose of the foundation is to:
• Conduct programs and activities related to the assistance, promotion, and furtherance of
aquaculture and aquaculture producers in this state.
• Identify and pursue methods to provide statewide resources and materials for these programs.
The bill provides the governed by s. 570.691, F.S. and the department is authorized to appoint an
advisory committee adjunct to the foundation.
Section 79 creates s. 1013.373, F.S., to prohibit, notwithstanding any other provision of law, a
local government from adopting any ordinance, regulation, rule, or policy to prohibit, restrict,
regulate, or otherwise limit any activities of public educational facilities and auxiliary facilities
constructed by a board for agricultural education, for Future Farmers of America or 4-H
activities, or the storage of any animals or equipment therein.
The bill provides that lands used for agricultural education or for Future Farmers of America or
4-H activities shall be considered agricultural lands.
Section 94 reenacts s. 474.2021, F.S., related to veterinary telehealth.
Section 95 reenacts s. 474.2165, F.S., related to the ownership and control of veterinary medical
patient records.
Section 97 reenacts s. 570.85, F.S., related to agritourism.
Section 101 reenacts s. 586.055, F.S., related to the location of apiaries.
Section 79 creates s. 1013.373, F.S., to prohibit, notwithstanding any other provision of law, a
local government from adopting any ordinance, regulation, rule, or policy to prohibit, restrict,
regulate, or otherwise limit any activities of public educational facilities and auxiliary facilities
constructed by a board for agricultural education, for Future Farmers of America or 4-H
activities, or the storage of any animals or equipment therein.
The bill provides that lands used for agricultural education or for Future Farmers of America or
4-H activities shall be considered agricultural lands.
146
s. 570.69, F.S
147
s. 570.691, F.S. BILL: CS/SB 700 Page 36
Section 94 reenacts s. 474.2021, F.S., related to veterinary telehealth.
Section 95 reenacts s. 474.2165, F.S., related to the ownership and control of veterinary medical
patient records.
Section 97 reenacts s. 570.85, F.S., related to agritourism.
Section 101 reenacts s. 586.055, F.S., related to the location of apiaries.
Silviculture
Present Situation
Florida’s Silviculture Best Management Practices (BMPs) are forest land management guidelines
designed as the minimum standards necessary for protecting and maintaining the state’s water
quality and wetland ecosystems during forestry activities. As such, they represent a balance
between overall natural resource protection and forest resource use.
148
Florida’s Silviculture BMPs were first established in the mid-1970s in response to the Federal
Clean Water Act of 1972 and should be applied on all bona fide ongoing forestry operations,
especially those adjacent to waterbodies, wetlands, and sinkholes. Silviculture BMPs may be
enforced by federal, state, and local authorities through reference of regulatory statute or rule.
However, Silviculture BMPs are not intended for use during tree removal or land clearing
operations associated with development or other activities that have non-forestry objectives.
149
The Florida Forest Service serves as the lead agency responsible for the development,
implementation, and monitoring of Silviculture BMPs in Florida. The Forest Hydrology Section
is available to provide specialized information and guidance about Florida’s Silviculture
BMPs.
150
Effect of Proposed Changes
Section 64 creates s. 570.823, F.S., to create the Silviculture Emergency Recovery Program
within the department to administer a grant program to assist timber landowners whose timber
land was damaged as a result of a declared emergency. The bill provides definitions for “bona
fide farm operation,” “declared emergency,” “department,” and “program.”
The bill provides eligibility requirements and approved uses of grant funds. The bill also requires
the department to coordinate with state agencies and other entities to ensure to the greatest extent
possible that timber landowners have access to the maximum financial assistance available
following a specified declared emergency. The bill provides that the coordination must ensure
148
FDACS, Silviculture Best Management Practices, available at https://www.fdacs.gov/Forest-Wildfire/Silviculture-Best-
Management-Practices (last visited March 5, 2025).
149
Id.
150
Id. BILL: CS/SB 700 Page 37
that there is no duplication of financial assistance between these funds and other funding sources,
which would render the approved applicant ineligible for other financial assistance.
The bill grants the department rulemaking authority to implement this section. The bill provides
that notwithstanding any other provision of law, emergency rules adopted pursuant to this
subsection are effective for 6 months after adoption and may be renewed during the pendency of
procedures to adopt permanent rules addressing the subject of the emergency rules.
Florida Citrus
Present Situation
Early Spanish explorers planted the first orange trees near St. Augustine, Florida in the 1500s.
Commercial production began nearly 300 years later – after the Civil War – when the
development of the railroad allowed citrus growers to ship their products across the country. In
1894 and 1895, freezes destroyed much of Florida’s citrus crops. Not to be defeated, many citrus
growers moved south and began growing again.
151
The industry rallied within 15 years and by 1950, more than 100 million boxes of citrus were
picked. That number reached 200 million in 1970. Most citrus is now grown in the southern two-
thirds of the Florida peninsula, where probability of freezing temperatures is lowest, although
Polk County in Central Florida remains the top citrus producing county in the state.
152
The 2024-
2025 Florida all orange forecast released by the USDA Agricultural Statistics Board is 12 million
boxes.
153
Effect of Proposed Changes
Section 65 amends s. 581.1843, F.S., to remove the requirement that citrus nursery may not be
propagated or grown on a site that is not at least 1 mile away from commercial citrus groves. The
bill also removes the requirement that a citrus nursery registered with the department prior to
April 1, 2006, shall not be required to comply with the 1-mile setback from commercial citrus
groves while continuously operating at the same location for which it was registered.
The bill removes requirements and prohibitions related to the authorized areas in which
commercial citrus may be planted.
Section 66 repeals the following statutes: s. 593.101, 593.102, 593.103, 593.104, 593.105,
593.106, 593.107, 593.108, 593.109, 593.11, 593.111, 593.112, 593.113, 593.114, 593.1141,
593.1142, 593.115, 593.116, and 593.117, Florida Statutes.
151
Florida Citrus, What is the history of Citrus?, available at https://www.floridacitrus.org/about-florida-citrus/our-history/
(last visited March 5, 2025).
152
Id.
153
USDA, Citrus, available at
https://www.nass.usda.gov/Statistics_by_State/Florida/Publications/Citrus/Citrus_Forecast/2024-25/cit0125.pdf (last visited
March 5, 2025). BILL: CS/SB 700 Page 38
Section 67 amends s. 595.404, F.S., to update judicial review statutes relating to appeal
proceedings of school food and other nutrition programs.
Florida Viticulture Advisory Council
Present Situation
The Legislature declared that viticulture, the production and utilization of grapes, is an
underdeveloped agricultural commodity enterprise in this state. The Legislature recognizes that
Florida possesses many resources and geographic advantages that favor the expansion and
growth of present-day viticulture into a broad-based, economically viable industry. The growth
potential of the present industry offers good opportunities for local economic development and
supply trade. The development of viticulture is compatible with the economies, lifestyles, and
interests of both rural and urban Florida.
154
Further, the Legislature finds that factors such as minimal new grape cultivar development, lack
of printed information on production and processing, minimal understanding of winemaking
techniques and requirements that will capitalize on the unique characteristics of available grape
cultivars, minimal understanding of grape juice processing requirements, lack of fresh fruit
handling and processing technology specifically for muscadine grape cultivars, lack of quality
standards for wine and other processed grapes, lack of assistance and printed information for
overall business planning and marketing, and lack of coordination of the many diverse interests
and expertise’s which could contribute to the further development of viticulture in the state are
inhibitory to the development of viticulture to the potential of which it is reasonably capable,
going into the 21st century.
155
The Legislature further declares that, in order to effectively support the efficient and expeditious
development and growth of viticulture into a broad-based and economically sound industry,
there is a need for leadership and statewide viticultural planning.
156
Effect of Proposed Changes
Section 68 amends s. 599.002, F.S., to change the Viticulture Advisory Council to the Florida
Wine Advisory Council and make conforming changes related to the new name.
Section 69 amends s. 599.003, F.S., to make conforming changes related to the new name of the
Florida Wine Advisory Council.
Section 70 amends s. 599.004, F.S., to make conforming changes related to the new name of the
Florida Wine Advisory Council. The bill also provides that wineries that fail to recertify annually
or pay the licensing fee required in paragraph (c) are subject to having the signs referenced in
paragraph (b) removed and will be responsible for all costs incurred by the Department of
Transportation in connection with the removal.
154
Section 599.001 F.S.
155
Id.
156
Id. BILL: CS/SB 700 Page 39
Section 71 amends s. 599.012, F.S., to make conforming changes replacing viticulture with
wine.
County Fair Permitting
Present Situation
The department is responsible for issuing annual permits to fair associations that are organized
under Chapter 616, Florida Statutes.
157
The purpose of fair associations is to produce an annual fair and/or exposition for the benefit and
development of the educational, agricultural, horticultural, livestock, charitable, historical, civic,
cultural, scientific and other resources of the geographical area the fair or exposition represents
and serves.
158
Effect of Proposed Changes
Section 72 amends s. 616.12, F.S., to remove antiquated terms used in the department’s fair
permitting program.
Right to Farm Laws, Nuisances, and the Florida Right to Farm Act
Present Situation
In the 1970s, states began to identify the potential conflicts between farmers and developers as
urban sprawl crept into rural and agricultural areas. One of the initial concerns was that the
relocation of city dwellers into agricultural areas would result in a rash of very expensive
nuisance lawsuits once the new neighbors were confronted with the sensory nature of farm life,
complete with an inescapable array of odors, loud noises, dust, and other side-effects.
159
In an effort to protect farms and agricultural operations from the encroaching sprawl, states
passed anti-nuisance laws that are referred to as “Right to Farm” laws. These laws, enacted in all
50 states, protect agricultural production against some nuisance lawsuits. The laws do not grant
absolute immunity but generally provide protections for defendants based upon a “coming to the
nuisance” defense theory. These laws provide a liability shield for pre-existing agricultural
operations when changes are made to the use of nearby parcels, such that the plaintiffs are
described as “coming to the nuisance.”
160
The Florida Right to Farm Act was enacted in 1979.
161
A nuisance is described as an activity, condition, or situation created by someone that
significantly interferes with another person’s use or enjoyment of their property. A private
nuisance affects a person’s private right that is not common to the public while a public nuisance
157
FDACS, Division of Licensing, Number of Licensees by Type (Nov. 30, 2023),
https://www.fdacs.gov/content/download/82618/file/Number_of_Licensees_By_Type.pdf (last visited March 5, 2025).
158
Id.
159
Alexia B. Borden and Thomas R. Head, III, The “Right To Farm” In The Southeast – Does it Go Too Far? (2007).
160
Id.
161
Chapter 79-61, ss. 1-2, Laws of Fla. BILL: CS/SB 700 Page 40
is an interference that affects the general public, for example, a condition that is dangerous to
health or community standards.
162
The Florida Right to Farm Act protects farm operations from nuisance lawsuits if the operations
comply with generally accepted agricultural and management practices.
163
The Florida Right to Farm Act states that a farm operation cannot be classified as a public or
private nuisance if the farm:
• Has been in operation for 1 year or more since its established date of operation;
• Was not a nuisance when it was established; and
• Conforms to generally accepted agricultural and management practices.
164
However, the following four unsanitary conditions constitute evidence of a nuisance:
• The presence of untreated or improperly treated human waste, garbage, offal, dead animals,
dangerous waste materials, or gases which are harmful to human or animal life;
• The presence of improperly built or improperly maintained septic tanks, water closets, or
privies;
• The keeping of diseased animals which are dangerous to human health, unless the animals
are kept in accordance with a current state or federal disease control program; or
• The presence of unsanitary places where animals are slaughtered, which may give rise to
diseases which are harmful to human or animal life.
165
Additionally, a farm operation cannot be classified as a public or private nuisance due to a
change:
• In ownership;
• In the type of farm product that is produced;
• In conditions in or around the locality of the farm; or
• Made in compliance with Best Management Practices adopted by local, state, or federal
agencies.
166
The Florida Right to Farm Act, however, may not be construed to permit an existing farm
operation to increase to a more excessive farm operation with regard to noise, odor, dust, or
fumes where the existing operation is adjacent to an established homestead or business.
167,168
162
BLACK’S LAW DICTIONARY (11
th
ed. 2019).
163
Section 823.14, F.S.
164
Section 823.14(4)(a), F.S.
165
Id.
166
Section 823.14(4)(b), F.S.
167
Section 823.14(5), F.S.
168
In an effort to eliminate duplication of regulatory authority over farm operations, local governments may not adopt an
ordinance or similar policy to prohibit or limit an activity of a bona fide farm operation on land that is classified as
agricultural land in accordance with statute, where the activity is regulated through implemented best management practices
or certain interim measures. The full text of this prohibition is contained in s. 823.14(6), F.S. BILL: CS/SB 700 Page 41
Effect of Proposed Changes
Section 73 creates s. 687.16, F.S., to establish the Florida Farmer Financial Protection Act. The
bill provides the definitions of “agritourism activity,” “agriculture producer,” “Commissioner,”
“company,” “denies or restricts,” “discriminate in the provision of financial services,” “ESG
factor,” “farm,” “financial institution,” and “financial service.”
The bill prohibits a financial institution from discriminating in the provision of financial services
to an agriculture producer based, in whole or in part, upon an ESG factor. The bill also provides
that if a financial institution has made any ESG commitment related to agriculture, there is an
inference that the institution’s denial or restriction of a financial service to an agriculture
producer violates paragraph (a). The bill also provides that a financial institution may overcome
the inference in paragraph (b) by demonstrating that its denial or restriction of a financial service
was based solely on documented risk analysis, and not on any ESG factor.
The bill grants the Attorney General, in consultation with the Office of Financial Regulation, is
authorization to enforce subsection (3). The bill provides that any violation of subsection (3)
constitutes an unfair trade practice under part II of chapter 501 and the Attorney General is
authorized to investigate and seek remedies as provided in general law. The bill also permits that
actions for damages may be sought by an aggrieved party.
Section 74 amends s. 741.0305, F.S., to make a conforming change related to religious
institutions.
Section 81 reenacts s. 125.01, F.S., related to county government’s powers and duties related to
levy taxes.
Section 82 reenacts s. 163.3162, F.S., related to governmental entities and bona fide farm
operations.
Section 83 reenacts s. 163.3163, F.S., related to the definition of “sustainable agricultural land.”
Section 84 reenacts s. 163.3164, F.S., related to the definition of “agricultural enclave.”
Section 85 reenacts s. 163.3194, F.S., related to the tax-exempt status of lands classified as
agricultural.
Section 86 reenacts s. 170.01, F.S., related to the authority for providing improvements and
levying and collecting special assessments against property benefited.
Section 87 reenacts s. 193.052, F.S., related to real property and returns.
Section 88 reenacts s. 193.4615, F.S., related to the assessment of obsolete agricultural
equipment.
BILL: CS/SB 700 Page 42
Section 89 reenacts s. 212.08, F.S., related to tax exempt agricultural items and the Florida
FARM TEAM card.
Section 90 reenacts s. 373.406, F.S., related to exemptions to lands classified as agricultural.
Section 98 reenacts s. 570.87, F.S., related to agritourism participation impact on land
classification.
Section 102 reenacts s. 604.50, F.S., related to definitions of “bona fide agricultural purposes”
and “nonresidential farm building.”
Section 103 reenacts s. 604.73, F.S., related to the definition of “urban agriculture.”
Section 104 reenacts s. 692.201, F.S., related to the definition of “agricultural land.”
Section 107 reenacts s. 823.14, F.S., related to the Florida Right to Farm Act.
Firearm Licensing and Expedited Concealed Carry License Processing for Military, Law
Enforcement License
Present Situation
The department is statutorily authorized to issue concealed weapon and concealed firearm
licenses to applicants who qualify.
169
For purposes of the concealed carry licensure law,
“concealed weapons or concealed firearms” means a handgun, electronic weapon or device, tear
gas gun, knife, or billie, but not a machine gun.
170
To obtain a concealed weapon or concealed firearm license, a person must complete, under oath,
an application that includes:
• The name, address, place and date of birth, race, and occupation of the applicant;
• A full frontal view color photograph of the applicant which must be taken within the
preceding 30 days;
• A statement that the applicant has been furnished with a copy of ch. 790, F.S., relating to
weapon and firearms and is knowledgeable of its provisions;
• A warning that the application is executed under oath with penalties for falsifying or
substituting false documents;
• A statement that the applicant desires a concealed weapon or firearm license as a means of
lawful self-defense;
• A full set of fingerprints;
• Documented proof of completion of a firearm safety and training course; and
• A nonrefundable license fee.
171
169
Section 790.06(1), F.S.
170
Id.
171
Section 790.06,(4)-(5) F.S. BILL: CS/SB 700 Page 43
The department must issue the license to carry a concealed weapon or concealed firearm if all
other requirements are met and the applicant:
• Is a resident of the United States and a citizen of the United States or a permanent resident
alien of the United States, as determined by the United States Bureau of Citizenship and
Immigration Services, or is a consular security official of a foreign government;
172
• Is 21 years of age or older;
173
• Does not suffer from a physical infirmity which prevents the safe handling of a weapon or
firearm;
• Is not ineligible to possess a firearm pursuant to s. 790.23, F.S., by virtue of having been
convicted of a felony;
• Has not been committed for the abuse of a controlled substance or been found guilty of a
crime under the provisions of ch. 893, F.S., or similar laws of any other state relating to
controlled substances within a 3-year period immediately preceding the date on which the
application is submitted;
• Does not chronically and habitually use alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired;
174
• Desires a legal means to carry a concealed weapon or concealed firearm for lawful self-
defense;
• Demonstrates competence with a firearm;
• Has not been adjudicated an incapacitated person under s. 744.331, F.S., or similar laws of
any other state, unless 5 years have elapsed since the applicant’s restoration to capacity by
court order;
• Has not been committed to a mental institution under ch. 394, F.S., or similar laws of any
other state, unless the applicant produces a certificate from a licensed psychiatrist that he or
she has not suffered from disability for at least 5 years prior to the date of submission of the
application;
• Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony
or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or
any other conditions set by the court have been fulfilled, or the record has been sealed or
expunged;
• Has not been issued an injunction that is currently in force and effect and that restrains the
applicant from committing acts of domestic violence or acts of repeat violence; and
• Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or
federal law.
175
172
Such consular security official must maintain diplomatic relations and treaties of commerce, friendship, and navigation
with the United States and is certified as such by the foreign government and by the appropriate embassy in this country.
173
Pursuant to s. 790.062, F.S., the department must issue a license to carry a concealed weapon or concealed firearm to a
servicemember or veteran who does not meet the 21 years of age threshold if he or she is otherwise qualified.
174
It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired if the applicant has been committed under ch. 397, F.S., or under the provisions
of former ch. 396, F.S., or has been convicted under s. 790.151, F.S., or has been deemed a habitual offender under
s. 856.011(3), F.S., or has had two or more convictions under s. 316.193, F.S., or similar laws of any other state, within the 3-
year period immediately preceding the date on which the application is submitted. Section 790.06(2), F.S.
175
Section 790.06(2), F.S. BILL: CS/SB 700 Page 44
Pursuant to s. 790.06(3), F.S., the department must deny the application if the applicant has been
found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended
for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since
probation or any other conditions set by the court have been fulfilled or the record has been
sealed or expunged.
176
The department must:
• Revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld
for, or had imposition of sentence suspended for one or more crimes of violence within the
preceding 3 years.
177
• Upon notification by a law enforcement agency, a court, or the Florida Department of Law
Enforcement (FDLE) and subsequent written verification, suspend a license or the processing
of an application for a license if the licensee or applicant is arrested or formally charged with
a crime that would disqualify such person from having a license under this section, until final
disposition of the case.
178
• Suspend a license or the processing of an application for a license if the licensee or applicant
is issued an injunction that restrains the licensee or applicant from committing acts of
domestic violence or acts of repeat violence.
179
A service member
180
or a veteran
181
may request expedited processing of his or her application.
182
For expedited processing of an application:
• A servicemember must submit a copy of the Common Access Card, United States Uniformed
Services Identification Card, or current deployment orders.
• A veteran must submit a copy of the DD Form 214, issued by the United States Department
of Defense, or another acceptable form of identification as specified by the Department of
Veterans' Affairs.
183
Effect of Proposed Changes
Section 74 amends s. 790.06, F.S., to permit the department to issue a concealed carry license if
the applicant demonstrates competence with a firearm training through the United States military
service.
176
Section 790.06(3), F.S.
177
Id.
178
Id.
179
Id.
180
“Servicemember” means any person serving as a member of the United States Armed Forces on active duty or state active
duty and all members of the Florida National Guard and United States Reserve Forces. s. 250.01, F.S.
181
“Veteran” means” a person who served in the active military, naval, or air service and who was discharged or released
under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding
any action by the United States Department of Veterans Affairs on individuals discharged or released with other than
honorable discharges. s. 1.01(14), F.S.
182
Section 790.06(4)(f), F.S
183
Section 790.06(4)(f), F.S. BILL: CS/SB 700 Page 45
The bill permits the department to temporarily suspend a license or application if notified by a
law enforcement agency, a court, clerk’s office, or FDLE that the licensee or applicant is arrested
or formally charged with a crime that would disqualify such person from having a license under
this section, until final disposition of the case.
The bill requires that the department notify the licensee or applicant suspended under this section
of his or her right to a hearing pursuant to chapter 120. The bill provides that a hearing
conducted regarding the temporary suspension must be for the limited purpose of determining
whether the licensee has been arrested or charged with a disqualifying crime resulting in the
department issuing an order lifting the suspension or in a disqualifying disposition. The
suspension remains in effect and the department must proceed with denial or revocation
proceedings pursuant to chapter 120.
The bill provides that this subsection may not be construed to limit, restrict, or inhibit the
constitutional right to bear arms and carry a concealed weapon in this state. The bill also
provides that Legislature finds it a matter of public policy and public safety that it is necessary to
ensure that potentially disqualifying information about an applicant or licensee is investigated
and processed in a timely manner. The bill also provides that the Legislature intends to clarify
that suspensions pursuant to this section are temporary and the department has the duty to make
an eligibility determination and issue a license in the time frame prescribed in this subsection.
The bill permits the department to extend the 90-day time period for a license if a criminal
history screening identifies a potential crime that may disqualify the applicant, but there is no
final disposition of the crime, or it lacks sufficient information to make an eligibility
determination. The bill permits the department to request information where the criminal history
originated but also issue a license if does not obtain a disposition or sufficient information to
make an eligibility determination within the additional 90-day period. The bill permits the
department to take appropriate action if it receives disqualifying criminal history information
during the review or after issuance of a license.
The bill permits the department to temporarily suspend a license if the license was issued in
error.
Section 105 reenacts s. 741.30, F.S., related to domestic violence.
Section 117 reenacts s. 790.061, F.S., related to judges and justices exemption from concealed
carry provisions.
BILL: CS/SB 700 Page 46
Retail Fuel Theft and Retail Theft
Present Situation
The department regularly inspects petroleum distribution systems and samples of petroleum
products to ensure consistency as well as retail gas stations to ensure fuel dispensers are working
safely and properly.
184
A fuel pulser is a plastic device connected to the fuel pump dispenser meter housed within the
fuel pump. The pulse converts the mechanical movement of the fuel meter and then sends
electrical pulses to control the dispenser’s electronic display.
185
The pulsers can be replaced by an altered pulser that interrupts the electrical signal.
186
This
enables the ability to obtain large amounts of gas for a small percentage of the cost. In
Hillsborough County, $60,000 worth of gasoline was stolen from two different gas stations by
individuals using the pulsar manipulation devices.
187
In Lakeland, two individuals were caught
while filling up a large gas tank in the back of a pickup truck after accessing the inside of the fuel
pump.
188
The use of these devices is not just an issue in Florida. It is happening in other states as well. In
Arizona, the State Senate is considering a bill that would make the possession of a pulsar
manipulation device a third-degree felony.
189
Currently, law enforcement relies on s. 316.80, F.S., for fuel theft crimes; however, the statute
does not address fuel pulsers and only penalizes the use of conveyances or vehicles equipped
with auxiliary fuel tanks or bladders which do not comply with applicable federal regulation.
190
Section 812.014(1), F.S., provides that a person commits “theft” if he or she knowingly obtains
or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or
permanently:
• Deprive the other person of a right to the property or a benefit from the property; or
184
Florida Department of Agriculture and Consumer Services, Petroleum Inspection, available at
https://www.fdacs.gov/Business-Services/Petroleum-Inspection (last visited March 5, 2025).
185
Florida Department of Agriculture and Consumer Services, SB 1150 Analysis. On file with the Senate Commerce and
Tourism Committee.
186
Id.
187
Matthew Impelli, Fuel Thieves Used ‘Homemade Device’ to Steal $60,000 in Gas, Police Say, Newsweek, April 4, 2022,
available at https://www.newsweek.com/fuel-thieves-used-homemade-device-steal-60000-gas-police-say-1694856 (last
visited March 5, 2025).
188
Catherine Hawley, Florida men accused of tampering with gas pumps, stealing fuel in Bay area, Fox 13 News, March 17,
2022, available at https://www.fox13news.com/news/florida-men-accused-of-tampering-with-gas-pumps-stealing-fuel-inbay-
area (last visited March 5, 2025).
189
Morgan Loew, Arizona Senate committee votes to outlaw fuel theft devices, 3TV/CBS 5, Feb. 3, 2023, available at
https://www.azfamily.com/2023/02/03/arizona-senate-committee-votes-outlaw-fuel-theft-devices/ (last visited March 5,
2025).
190
Florida Department of Agriculture and Consumer Services, SB 1150 Analysis. On file with the Senate Commerce and
Tourism Committee. BILL: CS/SB 700 Page 47
• Appropriate the property to his or her own use or to the use of any person not entitled to the
use of the property.
The statute punishes “grand theft” and “petit theft.” Grand theft is more severe than petit theft
penalties and is typically theft of property valued at $750 or more. Petit theft is generally theft of
property valued at less than $750.
While theft is generally punished in s. 812.014, F.S., and thefts from retailers can be punished
under that statute, s. 812.015, F.S., is specifically directed at punishing “retail theft,” which the
statute defines as “the taking possession of or carrying away of merchandise,
191
property, money,
or negotiable documents; altering or removing a label, universal product code, or price tag;
transferring merchandise from one container to another; or removing a shopping cart, with intent
to deprive the merchant
192
of possession, use, benefit, or full retail value.”
193
Section 812.015(8), F.S., provides that it is a third-degree felony
194
to commit retail theft, if the
property stolen is valued at $750 or more, and the person:
• Individually commits retail theft, or in concert with one or more other persons, coordinates
the activities of one or more individuals in committing the offense, which may occur through
multiple acts of retail theft, in which the amount of each individual theft is aggregated within
a 30-day period to determine the value of the property stolen;
• Conspires with another person to commit retail theft with the intent to sell the stolen property
for monetary or other gain, and subsequently takes or causes such property to be placed in
the control of another person in exchange for consideration, in which the stolen property
taken or placed within a 30-day period is aggregated to determine the value of the stolen
property;
• Individually, or in concert with one or more other persons, commits theft from more than one
location within a 30-day period, in which the amount of each individual theft is aggregated to
determine the value of the property stolen;
• Acts in concert with one or more other individuals within one or more establishments to
distract the merchant, merchant’s employee, or law enforcement officer in order to carry out
the offense, or acts in other ways to coordinate efforts to carry out the offense; or
• Commits the offense through the purchase of merchandise in a package or box that contains
merchandise other than, or in addition to, the merchandise purported to be contained in the
package or box.
191
“Merchandise” means “any personal property, capable of manual delivery, displayed, held, or offered for retail sale by a
merchant.” Section 812.015(1)(a), F.S.
192
“Merchant” means “an owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or operator, of
any premises or apparatus used for retail purchase or sale of any merchandise.” Section 812.015(1)(b), F.S.
193
Section 812.015(1)(d), F.S.
194
A third degree felony is generally punishable by not more than five years in state prison and a fine not exceeding $5,000.
Sections 775.082 and 775.083, F.S. BILL: CS/SB 700 Page 48
Effect of Proposed Changes
Section 76 amends s. 812.0151, F.S., to provide that a person commits a felony if they possess
any form of a payment instrument that can be used, alone or in conjunction with another access
device, to authorize a fuel transaction or obtain fuel, including, but not limited to, a plastic
payment card, with the intent to defraud the fuel retailer, the authorized payment instrument
financial account holder, or the banking institution that issued the payment instrument financial
account.
The bill also provides that a person commits a felony if they tamper with any mechanical or
electrical component located externally on a retail fuel dispenser.
Section 77 creates s. 812.136, F.S., to provide definitions for “mail,” “mail depository,” and
“postal service.” The bill also provides what is considered acts that constitute mail theft and the
theft of or unauthorized reproduction of a mail depository key or lock.
The bill provides criminal penalties for violation of this section.
Section 118 provides that the bill shall take effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None. BILL: CS/SB 700 Page 49
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The bill may have an indeterminate impact on local property taxes due to lands used for
agricultural education now being taxed as agricultural lands.
B. Private Sector Impact:
Third parties are now permitted to collect and retain convenience fees related to remote
pest control license examinations.
Food distributors may incur costs associated with the proper labeling of plant-based
products currently labeled as meat, poultry, and eggs.
C. Government Sector Impact:
The bill increases the amount of state aid a county or district can receive from $50,000 to
$75,000 per year for three years for any new program for the control of mosquitoes in an
area not previously serviced by county.
The bill creates new misdemeanors for illegal activities relating to drones on agricultural
land, mushroom spores’ distribution, and mail theft. The bill also creates felonies for
possession of any form of payment used to defraud fuel retailers or tamper with
components of retail fuel dispenser. This may have a positive indeterminate prison bed
impact (an unquantifiable increase in prison beds) on the Department of Corrections.
Overall, the bill has an indeterminate, yet insignificant impact to the Department of
Agriculture and Consumer Services. It is unknown how many administrative and
enforcement actions the department will realize due to the changes in the bill. Any
additional responsibilities required by the bill will be absorbed within existing resources.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 110.205, 193.461,
201.25, 253.0341, 330.41, 366.94, 388.011, 388.021, 388.181, 388.201, 388.241, 388.261,
388.271, 388.281, 388.291, 388.301, 388.311, 388.321, 388.322, 388.323, 388.341, 388.351, BILL: CS/SB 700 Page 50
388.361, 388.3711, 388.381, 388.391, 388.401, 388.46, 403.067, 403.852, 403.859, 482.111,
482.141, 482.155, 482.156, 482.157, 482.161, 487.044, 487.175, 496.404, 496.405, 496.415,
496.417, 496.419, 500.03, 500.12, 500.166, 500.172, 501.912, 531.48, 531.49, 570.07,
570.544, 570.822, 581.1843, 595.404, 599.002, 599.003, 599.004, 599.012, 616.12, 741.0305,
790.06, 790.33, and 812.0151.
This bill creates the following sections of the Florida Statutes: 163.3162, 366.20, 496.431,
500.75, 500.93, 525.19, 526.147, 570.694, 570.546, 570.823, 687.16, 812.136, and 1013.373.
This bill repeals the following sections of the Florida Statutes: 501.135, 593.101, 593.102,
593.103, 593.104, 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111, 593.112,
593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116, and 593.117.
This bill re-enacts the following sections of the Florida Statutes: 125.01, 163.3162, 163.3163,
163.3164, 163.3194, 170.01, 189.062, 193.052, 193.4615, 212.08, 295.07, 373.406, 403.182,
403.9337, 472.029, 474.2021, 474.2165, 482.072, 482.163, 487.081, 487.156, 496.4055,
496.406, 500.80, 500.121, 570.85, 570.87, 570.94, 582.19, 586.055, 604.50, 604.73, 692.201,
741.30, 790.061, 810.011, and 823.14.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Agriculture on March 11, 2025:
The CS makes the following changes:
• Provides definitions and permits the construction of housing for “legally verified
agricultural workers.”
• Provides penalties for agricultural property owners who violate the provisions related
to verified agricultural worker housing.
• Provides that the department will monitor complaints, provide enforcement, and
provide information to the State Board of Immigration Enforcement about verified
agricultural worker housing.
• Removes requirements related to 10-year site plans from electric utilities.
• Permits the department to consult with the DEP to create a process to acquire land
purchased by utility companies, which were formerly agricultural land. The bill also
permits the department to retain a rural-lands protection easement on surplused land
suitable for bona fide agricultural production.
• Requires the department to provide a report of lands surplused to the board.
• Provides that any lands designated as a state forest, state park, or wildlife
management area are ineligible to be surplused. The bill also provides that this
subsection is retroactive to January 1, 2009.
• Provides drone usage exemptions to be in compliance with provisions of s. 934.50,
F.S. Eliminates governmental entity exemptions to drone usage. BILL: CS/SB 700 Page 51
• Eliminates penalties for charitable organizations that provide false statements to the
department and replaces them with penalties pursuant to s. 496.405(2)(d), F.S.
• Provides definition for “egg” and “egg product,” to have the same meanings as in 21
1464 U.S.C. s. 1033 and the Egg Products Inspection Act.
• Permits the department to adopt rules to enforce the FDA’s standard of identity for
eggs and egg products to prohibit the sale of plant-based products mislabeled as egg
or egg products in this state.
• Permits the department to directly use contracts procured by another agency. The bill
also provides the term “agency” has the same meaning as provided in s. 287.012, F.S.
• Establishes the Florida Aquaculture Foundation as a direct-support organization
within the department. The bill provides the purpose of the foundation and
governance of foundation.
• Removes civil fines and any attorney fees assessed upon a finding that an entity
received notice of the local regulations infringing the field of regulation of firearms
and ammunition at least 30 days before a suit and that the entity failed to take action.
• Eliminates the exemption provided to those using drones, under a business or
professional license to perform reasonable tasks within the scope of practice or
activities permitted under their license.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.