Florida Senate Bill S0700 Comm Sub / Bill

 Florida Senate - 2025 CS for CS for SB 700  By the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Agriculture; and Senator Truenow 601-02921-25 2025700c2 1 A bill to be entitled 2 An act relating to the Department of Agriculture and 3 Consumer Services; amending s. 110.205, F.S.; 4 providing that certain positions in the department are 5 exempt from the Career Service System; amending s. 6 163.3162, F.S.; defining terms; prohibiting 7 governmental entities from adopting or enforcing any 8 legislation that inhibits the construction of housing 9 for legally verified agricultural workers on 10 agricultural land operated as a bona fide farm; 11 requiring that the construction or installation of 12 such housing units on agricultural lands satisfies 13 certain criteria; requiring that local ordinances 14 comply with certain regulations; authorizing 15 governmental entities to adopt local land use 16 regulations that are less restrictive; requiring 17 property owners to maintain certain records for a 18 specified timeframe; requiring that use of a housing 19 site be discontinued and authorizing the removal of a 20 such site under certain circumstances; specifying 21 applicability of permit allocation systems in certain 22 areas of critical state concern; authorizing the 23 continued use of housing sites constructed before the 24 effective date of the act if certain conditions are 25 met; requiring the department to adopt certain rules; 26 providing for enforcement; requiring the department to 27 submit certain information to the State Board of 28 Immigration Enforcement on a certain schedule; 29 amending s. 201.25, F.S.; conforming a provision to 30 changes made by the act; amending s. 253.0341, F.S.; 31 authorizing the department to surplus certain lands 32 determined to be suitable for bona fide agricultural 33 production; requiring the department to consult with 34 the Department of Environmental Protection before 35 making such determination; requiring the Department of 36 Agriculture and Consumer Services to retain a rural 37 lands-protection easement for all surplused lands and 38 deposit all proceeds into a specified trust fund; 39 requiring the department to provide a report of lands 40 surplused to the board of trustees; providing that 41 certain lands are ineligible to be surplused; 42 providing for retroactive applicability; amending s. 43 330.41, F.S.; defining terms; prohibiting a person 44 from knowingly or willfully performing certain actions 45 on lands classified as agricultural; providing 46 criminal penalties; providing applicability; 47 prohibiting a person from knowingly or willfully 48 performing certain actions on private property, state 49 wildlife management lands, or a sport shooting and 50 training range; providing criminal penalties; 51 providing applicability; creating s. 366.20, F.S.; 52 requiring that certain lands acquired or owned by an 53 electric utility be offered for fee simple acquisition 54 by the department before the land may be offered for 55 sale or transfer to a private individual or entity; 56 providing retroactive applicability; amending s. 57 366.94, F.S.; defining the term electric vehicle 58 charging station; authorizing the department to adopt 59 rules; requiring local governmental entities to issue 60 permits for electric vehicle charging stations based 61 on specified standards and provisions of law; 62 requiring that an electric vehicle charger be 63 registered with the department before being placed 64 into service for use by the public; providing the 65 department with certain authority relating to electric 66 vehicle charging stations; providing a penalty; 67 authorizing the department to issue an immediate final 68 order to an electric vehicle charging station under 69 certain circumstances; providing that the department 70 may bring an action to enjoin a violation of specified 71 provisions or rules; requiring the court to issue a 72 temporary or permanent injunction under certain 73 circumstances; amending s. 388.011, F.S.; revising the 74 definition of the terms board of commissioners and 75 district; defining the term program; amending s. 76 388.021, F.S.; making a technical change; amending s. 77 388.181, F.S.; authorizing programs to perform 78 specified actions; amending s. 388.201, F.S.; 79 conforming provisions to changes made by the act; 80 requiring that the tentative work plan budget covering 81 the proposed operations and requirements for arthropod 82 control measures show the estimated amount to be 83 raised by county, municipality, or district taxes; 84 requiring that county commissioners or a similar 85 governing bodys mosquito control budget be made and 86 adopted pursuant to specified provisions and requiring 87 that summary figures be incorporated into the county 88 budgets as prescribed by the department; amending s. 89 388.241, F.S.; providing that certain rights, powers, 90 and duties be vested in the board of county 91 commissioners or similar governing body of a county, 92 city, or town; amending s. 388.261, F.S.; increasing 93 the amount of state funds, supplies, services, or 94 equipment for a certain number of years for any new 95 program for the control of mosquitos and other 96 arthropods which serves an area not previously served 97 by a county, municipality, or district; conforming a 98 provision to changes made by the act; amending s. 99 388.271, F.S.; requiring each program participating in 100 arthropod control activities to file a tentative 101 integrated arthropod management plan with the 102 department by a specified date; conforming provisions 103 to changes made by the act; amending s. 388.281, F.S.; 104 requiring that all funds, supplies, and services 105 released to programs be used in accordance with the 106 integrated arthropod management plan and certified 107 budget; requiring that such integrated arthropod 108 management plan and certified budget be approved by 109 both the department and the board of county 110 commissioners and an appropriate representative; 111 conforming provisions to changes made by the act; 112 amending s. 388.291, F.S.; providing that a program 113 may perform certain source reduction measures in any 114 area providing that the department has approved the 115 operating or construction plan as outlined in the 116 integrated arthropod management plan; conforming 117 provisions to changes made by the act; amending s. 118 388.301, F.S.; revising the schedule by which state 119 funds for the control of mosquitos and other 120 arthropods may be paid; conforming provisions to 121 changes made by the act; amending s. 388.311, F.S.; 122 conforming provisions to changes made by the act; 123 amending s. 388.321, F.S.; conforming provisions to 124 changes made by the act; amending s. 388.322, F.S.; 125 requiring the department to maintain a record and 126 inventory of certain property purchased with state 127 funds for arthropod control use; conforming provisions 128 to changes made by the act; amending s. 388.323, F.S.; 129 providing that certain equipment no longer needed by a 130 program be first offered for sale to other programs 131 engaged in arthropod control at a specified price; 132 requiring that all proceeds from the sale of certain 133 property owned by a program and purchased using state 134 funds be deposited in the programs state fund 135 account; conforming provisions to changes made by the 136 act; amending s. 388.341, F.S.; requiring a program 137 receiving state aid to submit a monthly report of all 138 expenditures from all funds for arthropod control by a 139 specified timeframe as may be required by the 140 department; conforming provisions to changes made by 141 the act; amending s. 388.351, F.S.; conforming 142 provisions to changes made by the act; amending s. 143 388.361, F.S.; conforming provisions to changes made 144 by the act; amending s. 388.3711, F.S.; revising the 145 departments enforcement powers; amending s. 388.381, 146 F.S.; conforming provisions to changes made by the 147 act; amending s. 388.391, F.S.; conforming provisions 148 to changes made by the act; amending s. 388.401, F.S.; 149 conforming provisions to changes made by the act; 150 amending s. 388.46, F.S.; revising the composition of 151 the Florida Coordinating Council on Mosquito Control; 152 amending s. 403.067, F.S.; providing an exception for 153 inspection requirements for certain agricultural 154 producers; authorizing the department to adopt rules 155 establishing an enrollment in best management 156 practices by rule process; authorizing the department 157 to identify best management practices for specified 158 landowners; requiring the department to perform onsite 159 inspections annually of a certain percentage of all 160 enrollments that meet specified qualifications within 161 a specified area; providing requirements for such 162 inspections; requiring agricultural producers enrolled 163 by rule in a best management practice to submit 164 nutrient records annually to the department; requiring 165 the department to collect and retain such records; 166 amending s. 403.852, F.S.; defining the term water 167 quality additive; amending s. 403.859, F.S.; 168 providing that the use of certain additives in a water 169 system which do not meet the definition of water 170 quality additive or certain other additives is 171 prohibited and violates specified provisions; amending 172 s. 482.111, F.S.; revising requirements for the 173 renewal of a pest control operators certificate; 174 authorizing a third-party vendor to collect and retain 175 a convenience fee; amending s. 482.141, F.S.; 176 requiring the department to provide in-person and 177 remote testing for the examination through a third 178 party vendor for an individual seeking pest control 179 operator certification; authorizing a third-party 180 vendor to collect and retain a convenience fee; 181 amending s. 482.155, F.S.; requiring the department to 182 provide in-person and remote testing for the 183 examination through a third-party vendor for an 184 individual seeking limited certification for a 185 governmental pesticide applicator or a private 186 applicator; authorizing a third-party vendor to 187 collect and retain a convenience fee; deleting 188 provisions requiring the department to make such 189 examination readily accessible and available to all 190 applicants on a specified schedule; amending s. 191 482.156, F.S.; requiring the department to provide in 192 person and remote testing for the examination through 193 a third-party vendor for an individual seeking a 194 limited certification for commercial landscape 195 maintenance; authorizing a third-party vendor to 196 collect and retain a convenience fee; deleting 197 provisions requiring the department to make such 198 examination readily accessible and available to all 199 applicants on a specified schedule; amending s. 200 482.157, F.S.; revising requirements for issuance of a 201 limited certification for commercial wildlife 202 management personnel; authorizing a third-party vendor 203 to collect and retain a convenience fee; deleting 204 provisions requiring the department to make an 205 examination readily accessible and available to all 206 applicants on a specified schedule; amending s. 207 482.161, F.S.; authorizing the department to take 208 specified disciplinary action upon the issuance of a 209 final order imposing civil penalties or a criminal 210 conviction pursuant to the Federal Insecticide, 211 Fungicide, and Rodenticide Act; amending s. 487.044, 212 F.S.; requiring the department to provide in-person 213 and remote testing through a third-party vendor for 214 the examination of an individual seeking a limited 215 certification for pesticide application; authorizing a 216 third-party vendor to collect and retain a convenience 217 fee; amending s. 487.175, F.S.; providing that the 218 department may suspend, revoke, or deny licensure of a 219 pesticide applicator upon issuance of a final order to 220 a licensee which imposes civil penalties or a criminal 221 conviction under the Federal Insecticide, Fungicide, 222 and Rodenticide Act; amending s. 496.404, F.S.; 223 defining the terms foreign country of concern and 224 foreign source of concern; amending s. 496.405, 225 F.S.; revising which documents a charitable 226 organization or sponsor must file before engaging in 227 specified activities; requiring that any changes to 228 such documents be reported to the department on a 229 specified form in a specified timeframe; revising the 230 requirements of the charitable organizations initial 231 registration statement; authorizing the department to 232 investigate or refer to the Florida Elections 233 Commission certain violations of the charitable 234 organization or sponsor; amending s. 496.415, F.S.; 235 prohibiting specified persons from soliciting or 236 accepting anything of value from a foreign source of 237 concern; amending s. 496.417, F.S.; authorizing the 238 department to investigate or refer to the Florida 239 Elections Commission certain violations of a 240 charitable organization or sponsor; amending s. 241 496.419, F.S.; providing penalties for a charitable 242 organization or sponsor whose registration is denied 243 or revoked for submitting a false attestation; 244 creating s. 496.431, F.S.; requiring the department to 245 create the Honest Services Registry to provide 246 residents with information relating to charitable 247 organizations; requiring a charitable organization 248 included in the Honest Services Registry to submit an 249 attestation statement to the department; requiring the 250 department to publish the Honest Services Registry on 251 the departments website; requiring the department to 252 adopt rules; amending s. 500.03, F.S.; revising the 253 definition of the term cottage food product; 254 amending s. 500.12, F.S.; providing that the 255 department requires a food permit from any person or 256 business that operates a food establishment; revising 257 exceptions; revising the schedule for renewing certain 258 food permits; authorizing the department to establish 259 a single permit renewal date for certain food 260 establishments; amending s. 500.166, F.S.; requiring 261 certain persons engaged in interstate commerce to 262 retain all records that show certain information for a 263 specified timeframe; amending s. 500.172, F.S.; 264 authorizing the department to facilitate the 265 destruction of certain articles that violate specified 266 provisions; prohibiting certain persons from certain 267 actions without permission from, or in accord with a 268 written agreement with, the department; creating s. 269 500.75, F.S.; providing that it is unlawful to import, 270 sell, offer for sale, furnish, or give away certain 271 spores or mycelium; providing a penalty for 272 violations; creating s. 500.93, F.S.; defining terms; 273 requiring the department to adopt rules to enforce the 274 Food and Drug Administrations standard of identity 275 for milk, meat, poultry, and poultry products, and 276 eggs and egg products to prohibit the sale of plant 277 based products mislabeled as milk, meat, poultry, or 278 poultry products, or egg or egg products; providing 279 contingent effective dates; requiring the department 280 to adopt rules; providing construction; repealing s. 281 501.135, F.S., relating to consumer unit pricing; 282 amending s. 501.912, F.S.; revising the definition of 283 the term antifreeze; creating s. 525.19, F.S.; 284 requiring the department to create an annual petroleum 285 registration program for petroleum owners or 286 operators; requiring the department to adopt rules for 287 such registration which include specified information; 288 requiring that the registration program be free for 289 all registrants; authorizing the department to require 290 registrants to provide certain information during a 291 state of emergency; creating s. 526.147, F.S.; 292 creating the Florida Retail Fuel Transfer Switch 293 Modernization Grant Program within the department; 294 requiring the grant program to provide funds up to a 295 certain amount to be used for installation and 296 equipment costs related to installing or modernizing 297 transfer switch infrastructure at retail fuel 298 facilities; requiring the department to award funds 299 based on specified criteria; requiring retail fuel 300 facilities awarded grant funds to comply with 301 specified provisions; requiring such facilities to 302 install a transfer switch with specified capabilities; 303 requiring retail fuel facilities to provide specified 304 documentation before being awarded funding; 305 prohibiting certain facilities from being awarded 306 funding; requiring the department, in consultation 307 with the Division of Emergency Management, to adopt 308 rules; requiring that such rules include specified 309 information; amending s. 531.48, F.S.; requiring that 310 certain packages bear specified information on the 311 outside of the package; amending s. 531.49, F.S.; 312 revising requirements for the advertising of a 313 packaged commodity; amending s. 570.07, F.S.; 314 requiring the department to foster and encourage the 315 employment and retention of qualified veterinary 316 pathologists; providing that the department may 317 reimburse the educational expenses of certain 318 veterinary pathologists who enter into a certain 319 agreement with the department; requiring the 320 department to adopt certain rules; requiring the 321 department to extend certain opportunities to public 322 school students enrolled in agricultural education to 323 support Future Farmers of America programming; 324 requiring the department to use contracts procured by 325 agencies; defining the term agency; amending s. 326 570.544, F.S.; revising which provisions the director 327 of the Division of Consumer Services must enforce; 328 creating s. 570.546, F.S.; authorizing the department 329 to create a process for the bulk renewal of licenses; 330 authorizing the department to create a process that 331 will allow licensees to align the expiration dates of 332 licenses within a specified program; authorizing the 333 department to change the expiration date for current 334 licenses for a certain purpose; requiring the 335 department to prorate the licensing fee for certain 336 licenses; requiring the department to adopt rules; 337 amending s. 570.694, F.S.; creating the Florida 338 Aquaculture Foundation as a direct support 339 organization within the department; providing the 340 purpose of the foundation; providing governance for 341 the foundation; authorizing the department to appoint 342 an advisory committee adjunct to the foundation; 343 amending s. 570.822, F.S.; revising the definition of 344 the terms declared natural disaster and program; 345 providing that loan funds from the department may be 346 used to restock aquaculture; authorizing the 347 department to renew a loan application under certain 348 circumstances; authorizing the department to defer or 349 waive loan payments under certain circumstances; 350 conforming provisions to changes made by the act; 351 creating s. 570.823, F.S.; defining terms; 352 establishing the silviculture emergency recovery 353 program within the department to administer a grant 354 program to assist certain timber landowners; requiring 355 that such grants be used for certain purposes; 356 requiring that only timber lands located on 357 agricultural property are eligible for the program; 358 requiring the department to coordinate with state 359 agencies to provide financial assistance to timber 360 landowners after a specified declared emergency; 361 providing construction; authorizing the department to 362 adopt rules to implement this section; providing 363 construction; creating s. 570.831, F.S.; requiring the 364 Cattle Enhancement Board, Inc., in coordination with 365 the department, to establish a Florida beef marketing 366 program, subject to appropriation; providing a purpose 367 for such program; amending s. 581.1843, F.S.; deleting 368 provisions that exclude certain citrus nurseries from 369 certain requirements; deleting provisions relating to 370 regulated areas around the perimeter of commercial 371 citrus nurseries; repealing ss. 593.101, 593.102, 372 593.103, 593.104, 593.105, 593.106, 593.107, 593.108, 373 593.109, 593.11, 593.111, 593.112, 593.113, 593.114, 374 593.1141, 593.1142, 593.115, 593.116, and 593.117, 375 F.S., relating to the Florida Boll Weevil Eradication 376 Law; definitions; powers and duties of Department of 377 Agriculture and Consumer Services; the entry of 378 premises to carry out boll weevil eradication 379 activities and inspections; reports by persons growing 380 cotton; quarantine areas and the regulation of 381 articles within a boll weevil eradication zone; the 382 regulation of collection, transportation, 383 distribution, and movement of cotton; cooperative 384 programs for persons engaged in growing, processing, 385 marketing, or handling cotton; the departments 386 authority to designate eradication zones, prohibit 387 planting of cotton, and require participation in 388 eradication program; regulation of the pasturage of 389 livestock, entry by persons, and location of honeybee 390 colonies in eradication zones and other areas; 391 eligibility for certification of cotton growers 392 organization; the certification of cotton growers 393 organization; a referendum; an assessment; the 394 departments authority to enter agreements with the 395 Farm Service Agency; liens; mandamus or injunction; 396 penalty for violation; and the handling of moneys 397 received, respectively; amending s. 595.404, F.S.; 398 revising the departments powers and duties regarding 399 school nutrition programs; amending s. 599.002, F.S.; 400 renaming the Viticulture Advisory Council as the 401 Florida Wine Advisory Council; revising the membership 402 of the Florida Wine Advisory Council; conforming 403 provisions to changes made by the act; amending s. 404 599.003, F.S.; renaming the State Viticulture Plan as 405 the State Wine Plan; conforming provisions to changes 406 made by the act; amending s. 599.004, F.S.; making 407 technical changes; providing that wineries that fail 408 to recertify annually or pay a specified licensing fee 409 are subject to certain actions and costs; conforming 410 provisions to changes made by the act; amending s. 411 599.012, F.S.; conforming provisions to changes made 412 by the act; amending s. 616.12, F.S.; deleting 413 provisions requiring a person who operates a minstrel 414 show in connection with any certain public fairs to 415 pay specified license taxes; deleting a provision that 416 exempts such person from paying specified taxes; 417 creating s. 687.16, F.S.; providing a short title; 418 defining terms; prohibiting a financial institution 419 from discriminating in the provision of financial 420 services to an agricultural producer based on an ESG 421 factor; providing an inference with regard to a 422 certain violation; providing that the financial 423 institution may overcome the inference by making 424 certain demonstrations regarding its denial or 425 restriction of financial services to an agricultural 426 producer; authorizing the Attorney General to enforce 427 specified provisions; providing that a violation of 428 specified provisions constitutes an unfair and 429 deceptive trade practice; authorizing the Attorney 430 General to investigate and seek remedies for such 431 unfair trade practices; authorizing an aggrieved party 432 to seek an action for damages; amending s. 741.0305, 433 F.S.; conforming a cross-reference; amending s. 434 790.06, F.S.; revising the circumstances under which 435 the department may temporarily suspend a persons 436 license to carry a concealed weapon or concealed 437 firearm or the processing of an application for such 438 license; requiring the department to notify certain 439 licensees or applicants of his or her right to a 440 hearing; requiring that the hearing regarding such 441 suspension of license be for a limited purpose; 442 requiring the department to issue an order lifting the 443 suspension of an applicants license upon a certain 444 disposition of the criminal case; requiring that the 445 suspension remain in effect upon a certain disposition 446 of the criminal case; providing construction; 447 providing legislative findings; revising the duties of 448 the department after the date of receipt of a 449 completed application for a license to carry a 450 concealed weapon or concealed firearm; requiring that 451 a license issued under this section be temporarily 452 suspended or revoked if the license was issued in 453 error or if the licensee commits certain actions; 454 amending s. 812.0151, F.S.; revising the elements of 455 third degree and second degree felony retail fuel 456 theft; creating s. 812.136, F.S.; defining terms; 457 providing elements for the crime of mail theft; 458 providing elements of theft of or unauthorized 459 reproduction of a mail depository key or lock; 460 providing criminal penalties; amending s. 934.50, 461 F.S.; deleting certain exceptions from the prohibited 462 uses of drones; creating s. 1013.373, F.S.; 463 prohibiting a local government from adopting any 464 measure to limit the activities of public educational 465 facilities or auxiliary facilities constructed by 466 certain organizations; requiring that lands used for 467 agricultural education or for the Future Farmers of 468 America or 4-H activities be considered agricultural 469 lands; reenacting s. 295.07(5)(a), F.S., relating to 470 preference in appointment and retention, to 471 incorporate the amendment made to s. 110.205, F.S., in 472 a reference thereto; reenacting ss. 189.062(1)(a) and 473 388.261(7), F.S., relating to special procedures for 474 inactive districts and state aid to counties and 475 districts for arthropod control, respectively, to 476 incorporate the amendment made to s. 388.271, F.S., in 477 references thereto; reenacting ss. 482.072(3)(b) and 478 482.163, F.S., relating to pest control customer 479 contact centers and responsibility for pest control 480 activities of employee, respectively, to incorporate 481 the amendment made to s. 482.161, F.S., in references 482 thereto; reenacting s. 487.156, F.S., relating to 483 governmental agencies, to incorporate the amendment 484 made to s. 487.044, F.S., in a reference thereto; 485 reenacting ss. 496.4055(2) and 496.406(2) and (4), 486 F.S., relating to charitable organization or sponsor 487 board duties and exemption from registration, 488 respectively, to incorporate the amendment made to s. 489 496.405, F.S., in references thereto; reenacting s. 490 500.80(1)(a), F.S., relating to cottage food 491 operations, to incorporate the amendment made to s. 492 500.12, F.S., in a reference thereto; reenacting s. 493 500.121(6), F.S., relating to disciplinary procedures, 494 to incorporate the amendment made to s. 500.172, F.S., 495 in a reference thereto; reenacting s. 790.061, F.S., 496 relating to judges and justices, to incorporate the 497 amendment made to s. 790.06, F.S., in a reference 498 thereto; providing an effective date. 499 500 Be It Enacted by the Legislature of the State of Florida: 501 502 Section 1.Paragraph (m) of subsection (2) of section 503 110.205, Florida Statutes, is amended to read: 504 110.205Career service; exemptions. 505 (2)EXEMPT POSITIONS.The exempt positions that are not 506 covered by this part include the following: 507 (m)All assistant division director, deputy division 508 director, and bureau chief positions in any department, and 509 those positions determined by the department to have managerial 510 responsibilities comparable to such positions, which include, 511 but are not limited to: 512 1.Positions in The Department of Health and the Department 513 of Children and Families which are assigned primary duties of 514 serving as the superintendent or assistant superintendent of an 515 institution. 516 2.Positions in The Department of Corrections which are 517 assigned primary duties of serving as the warden, assistant 518 warden, colonel, or major of an institution or that are assigned 519 primary duties of serving as the circuit administrator or deputy 520 circuit administrator. 521 3.Positions in The Department of Transportation which are 522 assigned primary duties of serving as regional toll managers and 523 managers of offices, as specified in s. 20.23(3)(b) and (4)(c). 524 4.Positions in The Department of Environmental Protection 525 which are assigned the duty of an Environmental Administrator or 526 program administrator. 527 5.Positions in The Department of Health which are assigned 528 the duties of Environmental Administrator, Assistant County 529 Health Department Director, and County Health Department 530 Financial Administrator. 531 6.Positions in The Department of Highway Safety and Motor 532 Vehicles which are assigned primary duties of serving as 533 captains in the Florida Highway Patrol. 534 7.Positions in the Department of Agriculture and Consumer 535 Services which are assigned primary duties of serving as 536 captains or majors in the Office of Agricultural Law 537 Enforcement. 538 539 Unless otherwise fixed by law, the department shall set the 540 salary and benefits of the positions listed in this paragraph in 541 accordance with the rules established for the Selected Exempt 542 Service. 543 Section 2.Present paragraphs (a) through (d) of subsection 544 (2) of section 163.3162, Florida Statutes, are redesignated as 545 paragraphs (b) through (e), respectively, new paragraph (a) and 546 paragraphs (f) and (g) are added to that subsection, and 547 subsections (5), (6), and (7) are added to that section, to 548 read: 549 163.3162Agricultural Lands and Practices. 550 (2)DEFINITIONS.As used in this section, the term: 551 (a)Department means the Department of Agriculture and 552 Consumer Services. 553 (f)Housing site means the totality of development 554 supporting authorized housing, including buildings, mobile 555 homes, barracks, dormitories used as living quarters, parking 556 areas, common areas such as athletic fields or playgrounds, 557 storage structures, and other related structures. 558 (g)Legally verified agricultural worker means a person 559 who: 560 1.Is lawfully present in the United States; 561 2.Meets the definition of eligible worker pursuant to 29 562 C.F.R. s. 502.10; 563 3.Has been verified through the process provided in s. 564 448.095(2) and is authorized to work at the time of employment; 565 4.Is seasonally or annually employed in bona fide 566 agricultural production; 567 5.Remains lawfully present and authorized to work 568 throughout the duration of that employment; and 569 6.Is not an unauthorized alien as defined in s. 570 448.095(1). 571 (5)HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS. 572 (a)A governmental entity may not adopt or enforce any 573 legislation, regulation, or ordinance to inhibit the 574 construction or installation of housing for legally verified 575 agricultural workers on land classified as agricultural land 576 pursuant to s. 193.461 which is operated as a bona fide farm 577 except as provided in this subsection. 578 (b)Construction or installation of housing units for 579 legally verified agricultural workers on parcels of land 580 classified as agricultural land under s. 193.461 must satisfy 581 all of the following criteria: 582 1.The dwelling units must meet federal, state, and local 583 building standards, including standards of the Department of 584 Health adopted pursuant to ss. 381.008-381.00897 and federal 585 standards for H-2A visa housing. If written notice of intent is 586 required to be submitted to the Department of Health pursuant to 587 s. 381.0083, the appropriate governmental entity with 588 jurisdiction over the agricultural lands may also require 589 submittal of a copy of the written notice. 590 2.The housing site must be maintained in a neat, orderly, 591 and safe manner. 592 3.All structures containing dwelling units must be located 593 a minimum of 10 feet apart. 594 4.The square footage of the housing sites climate 595 controlled facilities may not exceed 1.5 percent of the 596 propertys area or 35,000 square feet, whichever is less. 597 5.A housing site must provide front, side, and rear yard 598 setbacks of at least 50 feet. However, an internal project 599 driveway may be located in the required yard space if the yard 600 is adjacent to a public roadway or to property that is under 601 common ownership with the housing site. 602 6.A housing site must be located at least 100 feet from a 603 property line adjacent to property zoned for residential use. If 604 the housing site is located less than 250 feet from any property 605 line, screening must be provided between the housing site and 606 any residentially developed adjacent parcels that are under 607 different ownership. The screening may be designed in any of the 608 following ways: 609 a.Evergreen plants that, at the time of planting, are at 610 least 6 feet in height and provide an overall screening opacity 611 of 75 percent; 612 b.A masonry wall at least 6 feet in height and finished on 613 all sides with brick, stone, or painted or pigmented stucco; 614 c.A solid wood or PVC fence at least 6 feet in height with 615 the finished side of the fence facing out; 616 d.A row of evergreen shade trees that, at the time of 617 planting, are at least 10 feet in height, a minimum of 2-inch 618 caliper, and spaced no more than 20 feet apart; or 619 e.A berm made with a combination of the materials listed 620 in sub-subparagraphs a.-d., which is at least 6 feet in height 621 and provides an overall screening capacity of 75 percent at the 622 time of installation. 623 7.All access driveways that serve the housing site must be 624 made of packed shell, gravel, or a similar material that will 625 provide a relatively dust-free surface. 626 (c)Any local ordinance adopted pursuant to this subsection 627 must comply with all state and federal regulations for migrant 628 farmworker housing, as applicable, including rules adopted by 629 the Department of Health pursuant to ss. 381.008381.00897 and 630 federal regulations under the Migrant and Seasonal Agricultural 631 Worker Protection Act or the H-2A visa program. A governmental 632 entity may adopt local government land use regulations that are 633 less restrictive than this subsection, but which still meet 634 regulations established by the Department of Health pursuant to 635 ss. 381.008381.00897 and federal regulations under the Migrant 636 and Seasonal Agricultural Worker Protection Act or the H-2A visa 637 program. An ordinance adopted pursuant to this paragraph may not 638 conflict with the definition and requirements of a legally 639 verified agricultural worker. 640 (d)Beginning July 1, 2025, a property owner must maintain 641 records of all approved permits, including successor permits, 642 for migrant labor camps or residential migrant housing as 643 required under s. 381.0081. A property owner must maintain such 644 records for at least 3 years and make the records available for 645 inspection within 14 days after receipt of a request for records 646 by a governmental entity. 647 (e)A housing site may not continue to be used and may be 648 required to be removed under the following circumstances: 649 1.If, for any reason, a housing site is not being used for 650 legally verified agricultural workers for longer than 365 days, 651 any structure used as living quarters must be removed from the 652 housing site within 180 days after receipt of written 653 notification from the county unless the property owner can 654 demonstrate that use of the site for housing legally verified 655 agricultural workers will occur within 90 days after the written 656 notification. 657 2.If the property on which the housing site is located 658 ceases to be classified as agricultural land pursuant to s. 659 193.461. 660 3.If the permit authorized by the Department of Health for 661 the housing site is revoked, all structures must be removed from 662 the housing site within 180 days after receipt of written 663 notification from the county unless the permit is reinstated by 664 the Department of Health. 665 4.If a housing site is found to be occupied by any person 666 who does not meet the definition of a legally verified 667 agricultural worker, or is otherwise unlawfully present in the 668 United States. A property owner who violates this subparagraph 669 is subject to a Class I fine pursuant to s. 570.971, not to 670 exceed $1,000, for the first violation, and a Class II fine, not 671 to exceed $5,000, for any subsequent violations. The fines shall 672 be collected by the clerk of the court of the county in which 673 the violation occurred. 674 (f)Notwithstanding this subsection, the construction or 675 installation of housing for legally verified agricultural 676 workers in the Florida Keys Area of Critical State Concern or 677 the City of Key West Area of Critical State Concern is subject 678 to the permit allocation systems of the Florida Keys Area of 679 Critical State Concern or City of Key West Area of Critical 680 State Concern, respectively. 681 (g)A housing site that was constructed and in use before 682 July 1, 2024, may continue to be used, and the property owner 683 may not be required by a governmental entity to make changes to 684 meet the requirements of this subsection, unless the housing 685 site will be enlarged, remodeled, renovated, or rehabilitated. 686 The property owner of a housing site authorized under this 687 paragraph must provide regular maintenance and repair, including 688 compliance with health and safety regulations and maintenance 689 standards, for such housing site to ensure the health, safety, 690 and habitability of the housing site. 691 (6)DATA COLLECTION.The department shall adopt rules 692 providing for: 693 (a)A method for government entities to submit reports of 694 property owners who have a housing site for legally verified 695 agriculture workers on lands classified as agricultural land 696 pursuant to s. 193.461, as provided in this section. 697 (b)A method for persons to submit complaints for review 698 and investigation by the Department. 699 700 Government entities shall provide this information quarterly to 701 the department in a format and timeframe prescribed by rule. 702 (7)ENFORCEMENT. 703 (a)In addition to the enforcement methods of employment 704 verification outlined in s. 448.095, the department shall 705 enforce the requirements of subsection (5). Enforcement includes 706 completing routine inspections based on a random sample of data 707 collected by government entities and submitted to the 708 department, the investigation and review of complaints, and the 709 enforcement of violations. 710 (b)The department shall submit the information collected 711 to the State Board of Immigration Enforcement on a quarterly 712 basis, except that the first quarter shall begin 60 days after 713 the first quarterly data report under subsection (6) by a 714 government entity is received and reviewed by the department. 715 Section 3.Subsection (3) of section 201.25, Florida 716 Statutes, is amended to read: 717 201.25Tax exemptions for certain loans.There shall be 718 exempt from all taxes imposed by this chapter: 719 (3)Any loan made by the Agriculture and Aquaculture 720 Producers Emergency Natural Disaster Recovery Loan Program 721 pursuant to s. 570.822. 722 Section 4.Subsection (19) is added to section 253.0341, 723 Florida Statutes, to read: 724 253.0341Surplus of state-owned lands. 725 (19)Notwithstanding any other law or rule, the Department 726 of Agriculture and Consumer Services may surplus lands acquired 727 pursuant to s. 366.20 which are determined to be suitable for 728 bona fide agricultural production, as defined in s. 193.461. The 729 Department of Agriculture and Consumer Services shall consult 730 with the Department of Environmental Protection in the process 731 of making such determination. In the event that lands acquired 732 pursuant to s. 366.20, which are determined to be suitable for 733 bona fide agricultural production are surplused, the Department 734 of Agriculture and Consumer Services must retain a rural-lands 735 protection easements pursuant to s. 570.71(3), and all proceeds 736 must be deposited into the Incidental Trust Fund within the 737 Department of Agriculture and Consumer Services for less than 738 fee simple land acquisition pursuant to ss. 570.71 and 570.715. 739 By January 1, 2026, and each January 1 thereafter, the 740 Department of Agriculture and Consumer Services shall provide a 741 report of lands surplused pursuant to this subsection to the 742 board. 743 (a)Any lands designated as a state forest, state park, or 744 wildlife management area are ineligible to be surplused pursuant 745 to this subsection. 746 (b)This subsection is retroactive to January 1, 2009. 747 Section 5.Present paragraphs (a) through (d) and (e) of 748 subsection (2) and subsection (6) of section 330.41, Florida 749 Statutes, are redesignated as paragraphs (b) through (e) and (j) 750 of subsection (2) and subsection (8), respectively, new 751 paragraphs (a) and (f) and paragraphs (g), (h), and (i) are 752 added to subsection (2) and new subsection (6) and subsection 753 (7) are added to that section, and paragraph (d) of subsection 754 (4) of that section is amended, to read: 755 330.41Unmanned Aircraft Systems Act. 756 (2)DEFINITIONS.As used in this act, the term: 757 (a)Commercial property means real property other than 758 residential property. The term includes, but is not limited to, 759 a property zoned multifamily residential which is comprised of 760 five or more dwelling units, and real property used for 761 commercial, industrial, or agricultural purposes. 762 (f)Private property means any residential or commercial 763 property. 764 (g)Property owner means the owner or owners of record of 765 real property. The term includes real property held in trust for 766 the benefit of one or more individuals, in which case the 767 individual or individuals may be considered as the property 768 owner or owners, provided that the trustee provides written 769 consent. The term does not include persons renting, using, 770 living, or otherwise occupying real property. 771 (h)Residential property means real property zoned as 772 residential or multifamily residential and composed of four or 773 fewer dwelling units. 774 (i)Sport shooting and training range has the same 775 meaning as in s. 790.333(3)(h). 776 (4)PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES. 777 (d)This subsection and paragraph (2)(b) paragraph (2)(a) 778 shall sunset 60 days after the date that a process pursuant to 779 s. 2209 of the FAA Extension, Safety and Security Act of 2016 780 becomes effective. 781 (6)PROTECTION OF AGRICULTURAL LANDS. 782 (a)A person may not knowingly or willfully do any of the 783 following on lands classified as agricultural lands pursuant to 784 s. 193.461: 785 1.Allow a drone to make contact with any person or object 786 on the premises of or within the boundaries of such lands. 787 2.Allow a drone to come within a distance close enough to 788 such lands to interfere with or cause a disturbance to 789 agricultural production. 790 (b)A person who violates paragraph (a) commits a 791 misdemeanor of the second degree, punishable as provided in s. 792 775.082 or s. 775.083. A person who commits a second or 793 subsequent violation commits a misdemeanor of the first degree, 794 punishable as provided in s. 775.082 or s. 775.083. 795 (c)This subsection does not apply to actions identified in 796 paragraph (a) which are committed by: 797 1. The owner of the agricultural lands, or a person acting 798 under the prior written consent of the owner of the agricultural 799 lands. 800 2.A person or entity acting in compliance with the 801 provisions of s. 934.50. 802 (7)PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING 803 LANDS. 804 (a)A person may not knowingly or willfully allow a drone 805 to make contact with private property, state wildlife management 806 lands, or a sport shooting and training range or any person or 807 object on the premises of or within such property with the 808 intent to harass. 809 (b) A person who violates paragraph (a) commits a 810 misdemeanor of the second degree, punishable as provided in s. 811 775.082 or s. 775.083. A person who commits a second or 812 subsequent violation commits a misdemeanor of the first degree, 813 punishable as provided in s. 775.082 or s. 775.083. 814 (c) A person who violates paragraph (a) and records video 815 of the private property, state wildlife management lands, or 816 sport shooting and training range, including any person or 817 object on the premises of or within the private property, state 818 wildlife management lands, or sport shooting and training range, 819 commits a misdemeanor of the first degree, punishable as 820 provided in s. 775.082 or s. 775.083. A person who commits a 821 second or subsequent violation commits a felony of the third 822 degree, punishable as provided in s. 775.082, s. 775.083, or s. 823 775.084. 824 (d) This subsection does not apply to actions identified in 825 paragraph (a) which are committed by: 826 1. The property owner of the private property or sport 827 shooting and training range, or a person acting under the prior 828 written consent of the property owner. 829 2.A person or entity acting in compliance with the 830 provisions of s. 934.50. 831 Section 6.Section 366.20, Florida Statutes, is created to 832 read: 833 366.20Sale and management of lands owned by electric 834 utilities. 835 (1)Lands acquired by an electric utility as defined in s. 836 361.11(2) which have been classified as agricultural lands 837 pursuant to s. 193.461 at any time in the 5 years preceding the 838 acquisition of the land by the electric utility must be offered 839 for fee simple acquisition by the Department of Agriculture and 840 Consumer Services before offering for sale or transferring the 841 land to a private individual or entity. 842 (2)Lands owned by an electric utility as defined in s. 843 361.11(2) which were classified as agricultural lands pursuant 844 to s. 193.461 at any time in the 5 years preceding the date of 845 acquisition of the land by the electric utility must be offered 846 for fee simple acquisition by the Department of Agriculture and 847 Consumer Services before offering for sale or transferring the 848 land to a private individual or entity. 849 (3)This section is retroactive to January 1, 2009. 850 Section 7.Present subsections (3) and (4) of section 851 366.94, Florida Statutes, are redesignated as subsections (4) 852 and (5), respectively, a new subsection (3) is added to that 853 section, and subsection (2) of that section is amended, to read: 854 366.94Electric vehicle charging. 855 (2)(a)As used in this section, the term electric vehicle 856 charging station means the area in the immediate vicinity of 857 electric vehicle supply equipment and includes the electric 858 vehicle supply equipment, supporting equipment, and associated 859 parking spaces. The regulation of electric vehicle charging 860 stations is preempted to the state. 861 (b)(a)A local governmental entity may not enact or enforce 862 an ordinance or regulation related to electric vehicle charging 863 stations. 864 (3)(a)(b)The Department of Agriculture and Consumer 865 Services shall adopt rules to implement this subsection and to 866 provide requirements for electric vehicle charging stations to 867 allow for consistency for consumers and the industry. 868 (b)The department may adopt rules to protect the public 869 health, safety, and welfare and establish standards for the 870 placement, design, installation, maintenance, and operation of 871 electric vehicle charging stations. 872 (c)Local governmental entities shall issue permits for 873 electric vehicle charging stations based solely upon standards 874 established by department rule and other applicable provisions 875 of state law. The department shall prescribe by rule the time 876 period for approving or denying permit applications. 877 (d)Before a charger at an electric vehicle charging 878 station is placed into service for use by the public, the 879 charger must be registered with the department on a form 880 prescribed by department rule. 881 (e)The department shall have the authority to inspect 882 electric vehicle charging stations, conduct investigations, and 883 enforce this subsection and any rules adopted thereto. The 884 department may impose one or more of the following penalties 885 against a person who violates this subsection or any rule 886 adopted under this subsection: 887 1.Issuance of a warning letter. 888 2.Imposition of an administrative fine in the Class II 889 category pursuant to s. 570.971 for each violation. 890 (f)If the department determines that an electric vehicle 891 charging station or any associated equipment presents a threat 892 to the public health, safety, or welfare, the department may 893 issue an immediate final order prohibiting the use of the 894 electric vehicle charging station or any portion thereof. 895 (g)In addition to the remedies provided in this 896 subsection, and notwithstanding the existence of any adequate 897 remedy at law, the department may bring an action to enjoin a 898 violation of this subsection or rules adopted under this 899 subsection in the circuit court of the county in which the 900 violation occurs or is about to occur. Upon demonstration of 901 competent and substantial evidence by the department to the 902 court of the violation or threatened violation, the court shall 903 immediately issue the temporary or permanent injunction sought 904 by the department. The injunction must be issued without bond. 905 Section 8.Present subsections (10) and (11) of section 906 388.011, Florida Statutes, are redesignated as subsections (11) 907 and (12), respectively, a new subsection (10) is added to that 908 section, and subsections (2) and (5) of that section are 909 amended, to read: 910 388.011Definitions.As used in this chapter: 911 (2)Board of commissioners means the governing body of 912 any mosquito control program district, and may include boards of 913 county commissioners, city councils, municipalities, or other 914 similar governing bodies when context so indicates. 915 (5)District means any mosquito control special district 916 established in this state by law for the express purpose of 917 controlling arthropods within boundaries of such said districts. 918 (10)Program means any governmental jurisdiction that 919 conducts mosquito control, whether it be a special district, 920 county, or municipality. 921 Section 9.Section 388.021, Florida Statutes, is amended to 922 read: 923 388.021Creation of mosquito control special districts. 924 (1)The abatement or suppression of arthropods, whether 925 disease-bearing or merely pestiferous, within any or all 926 counties of this state is advisable and necessary for the 927 maintenance and betterment of the comfort, health, and welfare 928 of the people thereof and is found and declared to be for public 929 purposes. Areas where arthropods incubate, hatch, or occur in 930 significant numbers so as to constitute a public health, 931 welfare, or nuisance problem may be controlled or abated as 932 provided in this chapter or the rules promulgated hereunder. 933 Therefore, any municipality city, town, or county, or any 934 portion or portions thereof, whether such portion or portions 935 include incorporated territory or portions of two or more 936 counties in the state, may be created into a special taxing 937 district for the control of arthropods under the provisions of 938 this chapter. 939 (2)It is the legislative intent that those mosquito 940 control districts established prior to July 1, 1980, pursuant to 941 the petition process contained in former s. 388.031, may 942 continue to operate as outlined in this chapter. However, on and 943 after that date, no mosquito control districts may be created 944 except pursuant to s. 125.01. 945 Section 10.Section 388.181, Florida Statutes, is amended 946 to read: 947 388.181Power to do all things necessary.The respective 948 programs districts of the state are hereby fully authorized to 949 do and perform all things necessary to carry out the intent and 950 purposes of this law. 951 Section 11.Subsections (1), (2), (4), and (5) of section 952 388.201, Florida Statutes, are amended to read: 953 388.201Program District budgets; hearing. 954 (1)The fiscal year of programs districts operating under 955 the provisions of this chapter shall be the 12-month period 956 extending from October 1 of one year through September 30 of the 957 following year. The governing board of the programs district 958 shall before July 15 of each year complete the preparation of a 959 tentative detailed work plan budget covering its proposed 960 operations and requirements for arthropod control measures 961 during the ensuing fiscal year and, for the purpose of 962 determining eligibility for state aid, shall submit copies as 963 may be required to the department for review and approval. The 964 tentative detailed work plan budget must shall set forth, 965 classified by account number, title and program items, and by 966 fund from which to be paid, the proposed expenditures of the 967 program district for construction, for acquisition of land, and 968 other purposes, for the operation and maintenance of the 969 programs districts works, the conduct of the program district 970 generally, to which may be added an amount to be held as a 971 reserve. 972 (2)The tentative detailed work plan budget must shall also 973 show the estimated amount which will appear at the beginning of 974 the fiscal year as obligated upon commitments made but 975 uncompleted,. There shall be shown the estimated unobligated or 976 net balance which will be on hand at the beginning of the fiscal 977 year, and the estimated amount to be raised by county, 978 municipality, or district taxes and from any and all other 979 sources for meeting the programs the districts requirements. 980 (4)The governing board shall: 981 (a)Shall Consider objections filed against adoption of the 982 tentative detailed work plan budget and in its discretion may 983 amend, modify, or change such budget; and 984 (b)Shall By September 30, adopt and execute on a form 985 furnished by the department a certified budget for the programs 986 district which shall be the operating and fiscal guide for the 987 program district. Certified copies of this budget must shall be 988 submitted by September 30 to the department for approval. 989 (5)County commissioners mosquito and arthropod control 990 budgets or the budgets of or similar governing body of said 991 county, city, or towns must shall be made and adopted as 992 prescribed by subsections (1) and (2); summary figures must 993 shall be incorporated into the county budgets as prescribed by 994 the Department of Financial Services. 995 Section 12.Section 388.241, Florida Statutes, is amended 996 to read: 997 388.241Board of county commissioners vested with powers 998 and duties of board of commissioners in certain counties.In 999 those counties or cities where there has been no formation of a 1000 separate or special board of commissioners, all the rights, 1001 powers, and duties of a board of commissioners as conferred in 1002 this chapter shall be vested in the board of county 1003 commissioners or similar governing body of said county or city. 1004 Section 13.Section 388.261, Florida Statutes, is amended 1005 to read: 1006 388.261State aid to counties, municipalities, and 1007 districts for arthropod control; distribution priorities and 1008 limitations. 1009 (1)A county, municipality, or district may, without 1010 contributing matching funds, receive state funds, supplies, 1011 services, or equipment in an amount of no more than $75,000 1012 $50,000 per year for up to 3 years for any new program for the 1013 control of mosquitoes and other arthropods which serves an area 1014 not previously served by the county, municipality, or district. 1015 These funds may be expended for any and all types of control 1016 measures approved by the department. 1017 (2)Every county, municipality, or district budgeting local 1018 funds to be used exclusively for the control of mosquitoes and 1019 other arthropods, under a plan submitted by the county, 1020 municipality, or district and approved by the department, is 1021 eligible to receive state funds and supplies, services, and 1022 equipment on a dollar-for-dollar matching basis to the amount of 1023 local funds budgeted. If state funds appropriated by the 1024 Legislature are insufficient to grant each county, municipality, 1025 or district state funds on a dollar-for-dollar matching basis to 1026 the amount budgeted in local funds, the department must shall 1027 distribute the funds as prescribed by rule. Such rules must 1028 shall provide for up to 80 percent of the funds to be 1029 distributed to programs with local funds for mosquito control 1030 budgets of less than $1 million, if the county, municipality, or 1031 district meets the eligibility requirements. The funds must 1032 shall be distributed as equally as possible within the category 1033 of counties pursuant to this section. The remaining funds must 1034 shall be distributed as prescribed by rule among the remaining 1035 counties to support mosquito control and to support research, 1036 education, and outreach. 1037 (3)Every county shall be limited to receive a total of 1038 $120,000 of state funds, exclusive of state funds brought 1039 forward, during any one year. 1040 (4)Up to 20 percent of the annual funds appropriated to 1041 local governments for arthropod control may be used for 1042 arthropod control research or demonstration projects as approved 1043 by the department. 1044 (5)If more than one program local mosquito control agency 1045 exists in a county or municipality, the funds must shall be 1046 prorated between the programs agencies based on the population 1047 served by each program agency. 1048 (6)The Commissioner of Agriculture may exempt counties, 1049 municipalities, or districts from the requirements in subsection 1050 (1), subsection (2), or subsection (3) when the department 1051 determines state funds, supplies, services, or equipment are 1052 necessary for the immediate control of mosquitoes and other 1053 arthropods that pose a threat to human or animal health. 1054 (7)The department may use state funds appropriated for a 1055 county, municipality, or district under subsection (1) or 1056 subsection (2) to provide state mosquito or other arthropod 1057 control equipment, supplies, or services when requested by a 1058 county, municipality, or district eligible to receive state 1059 funds under s. 388.271. 1060 (8)The department is authorized to use up to 5 percent of 1061 the funds appropriated annually by the Legislature under this 1062 section to provide technical assistance to the counties, 1063 municipalities, or districts, or to purchase equipment, 1064 supplies, or services necessary to administer the provisions of 1065 this chapter. 1066 Section 14.Subsections (1) and (2) of section 388.271, 1067 Florida Statutes, are amended to read: 1068 388.271Prerequisites to participation. 1069 (1)When state funds are involved, it is the duty of the 1070 department to guide, review, approve, and coordinate the 1071 activities of all county and municipal governments and special 1072 districts receiving state funds in furtherance of the goal of 1073 integrated arthropod control. Each program county eligible to 1074 participate may, and each district must, begin participation on 1075 October 1 of any year by filing with the department not later 1076 than July 15 a tentative integrated arthropod management plan 1077 work plan and tentative detailed work plan budget providing for 1078 the control of arthropods. Following approval of the plan and 1079 budget by the department, a copy two copies of the programs 1080 countys or districts certified budget based on the approved 1081 integrated arthropod management work plan and detailed work plan 1082 budget must shall be submitted to the department by September 30 1083 following. State funds, supplies, and services must shall be 1084 made available to such program county or district by and through 1085 the department immediately upon release of funds by the 1086 Executive Office of the Governor. 1087 (2)All purchases of supplies, materials, and equipment by 1088 programs must counties or districts shall be made in accordance 1089 with the laws governing purchases by boards of county 1090 commissioners or similar governing bodies, except that programs 1091 districts with special laws relative to competitive bidding 1092 shall make purchases in accordance therewith. 1093 Section 15.Subsections (1) and (3) of section 388.281, 1094 Florida Statutes, are amended to read: 1095 388.281Use of state matching funds. 1096 (1)All funds, supplies, and services released to programs 1097 counties and districts hereunder must shall be used in 1098 accordance with the integrated arthropod management detailed 1099 work plan and certified budget approved by both the department 1100 and the board of county commissioners or an appropriate 1101 representative county or district. The integrated arthropod 1102 management plan and budget may be amended at any time upon prior 1103 approval of the department. 1104 (3)In any program county or district where the arthropod 1105 problem has been eliminated, or reduced to such an extent that 1106 it does not constitute a health, comfort, or economic problem as 1107 determined by the department, the maximum amount of state funds 1108 available under this chapter shall be reduced to the amount 1109 necessary to meet actual need. 1110 Section 16.Subsections (1) and (2) of section 388.291, 1111 Florida Statutes, are amended to read: 1112 388.291Source reduction measures; supervision by 1113 department. 1114 (1)Any program county or district may perform source 1115 reduction measures in conformity with good engineering practices 1116 in any area, provided that the department cooperating with the 1117 county, municipality, or district has approved the operating or 1118 construction plan as outlined in the integrated arthropod 1119 management plan and that it has been determined by criteria 1120 contained in rule that the area or areas to be controlled would 1121 produce arthropods in significant numbers to constitute a health 1122 or nuisance problem. 1123 (2)The program county or district shall manage the 1124 detailed business affairs and supervise the said work, and the 1125 department shall advise the programs districts as to the best 1126 and most effective measures to be used in bringing about better 1127 temporary control and the permanent elimination of breeding 1128 conditions. The department may at its discretion discontinue any 1129 state aid provided hereunder in the event it finds the jointly 1130 agreed upon program is not being followed or is not efficiently 1131 and effectively administered. 1132 Section 17.Section 388.301, Florida Statutes, is amended 1133 to read: 1134 388.301Payment of state funds; supplies and services. 1135 State funds shall be payable quarterly, in accordance with the 1136 rules of the department, upon requisition by the department to 1137 the Chief Financial Officer. The department is authorized to 1138 furnish insecticides, chemicals, materials, equipment, vehicles, 1139 and personnel in lieu of state funds where mass purchasing may 1140 save funds for the state, or where it would be more practical 1141 and economical to use equipment, supplies, and services between 1142 two or more programs counties or districts. 1143 Section 18.Section 388.311, Florida Statutes, is amended 1144 to read: 1145 388.311Carry over of state funds and local funds.State 1146 and local funds budgeted for the control of mosquitoes and other 1147 arthropods shall be carried over at the end of the programs 1148 county or districts fiscal year, and rebudgeted for such 1149 control measures the following fiscal year. 1150 Section 19.Section 388.321, Florida Statutes, is amended 1151 to read: 1152 388.321Equipment to become property of a program the 1153 county or district.All equipment purchased under this chapter 1154 with state funds made available directly to a program the county 1155 or district shall become the property of the program county or 1156 district unless otherwise provided, and may be traded in on 1157 other equipment, or sold, when no longer needed by the program 1158 county or district. 1159 Section 20.Section 388.322, Florida Statutes, is amended 1160 to read: 1161 388.322Record and inventory of certain property.A record 1162 and inventory of certain property purchased with state funds for 1163 arthropod control use owned by the program must district shall 1164 be maintained in accordance with s. 274.02. 1165 Section 21.Section 388.323, Florida Statutes, is amended 1166 to read: 1167 388.323Disposal of surplus property.Surplus property 1168 shall be disposed of according to the provisions set forth in s. 1169 274.05 with the following exceptions: 1170 (1)Serviceable equipment purchased using state funds for 1171 arthropod control use no longer needed by a program must county 1172 or district shall first be offered to any or all other programs 1173 counties or districts engaged in arthropod control at a price 1174 established by the board of commissioners owning the equipment. 1175 (2)The alternative procedure for disposal of surplus 1176 property, as prescribed in s. 274.06, must shall be followed if 1177 it is determined that no other program county or district 1178 engaged in arthropod control has need for the equipment. 1179 (3)All proceeds from the sale of any real or tangible 1180 personal property owned by the program and purchased using state 1181 funds county or district shall be deposited in the programs 1182 countys or districts state fund account unless otherwise 1183 specifically designated by the department. 1184 Section 22.Section 388.341, Florida Statutes, is amended 1185 to read: 1186 388.341Reports of expenditures and accomplishments.Each 1187 program receiving state aid county and district participating 1188 under the provisions of this chapter shall within 30 days after 1189 the end of each month submit to the department a monthly report 1190 for the preceding month of expenditures from all funds for 1191 arthropod control, and each program participating under this 1192 chapter shall provide such reports of activities and 1193 accomplishments as may be required by the department. 1194 Section 23.Section 388.351, Florida Statutes, is amended 1195 to read: 1196 388.351Transfer of equipment, personnel, and supplies 1197 during an emergency.The department, upon notifying a program 1198 county or district and obtaining its approval, is authorized to 1199 transfer equipment, materials, and personnel from one program 1200 district to another in the event of an emergency brought about 1201 by an arthropod-borne epidemic or other disaster requiring 1202 emergency control. 1203 Section 24.Subsection (7) of section 388.361, Florida 1204 Statutes, is amended to read: 1205 388.361Department authority and rules; administration. 1206 (7)The department shall have the authority to collect, 1207 detect, suppress, and control mosquitoes and other arthropods 1208 that are determined by the State Health Officer to pose a threat 1209 to public health, or determined by the Commissioner of 1210 Agriculture to pose a threat to animal health, wherever they may 1211 occur on public or private land in this state, and to do all 1212 things necessary in the exercise of such authority. Prior to the 1213 start of treatments for the control of mosquitoes or other 1214 arthropods, the department shall consult with the mosquito 1215 control programs districts in the proposed treatment areas, the 1216 Department of Health, the Department of Environmental 1217 Protection, and the Fish and Wildlife Conservation Commission 1218 regarding the proposed locations, dates, and methods to be used. 1219 Section 25.Subsections (2) and (3) of section 388.3711, 1220 Florida Statutes, are amended to read: 1221 388.3711Enforcement. 1222 (2)The department may issue a written warning, impose a 1223 fine; deny, suspend, or revoke any license or certification, or 1224 the disbursal of state aid; or deny participation, in accordance 1225 with the provisions of chapter 120, upon any one or more of the 1226 following grounds as may be applicable: 1227 (a)Violation of any rule of the department or provision of 1228 this chapter. 1229 (b)Violation of FIFRA or any relevant EPA rule or 1230 regulation pertaining to the use of arthropod control pesticides 1231 by the licensee. 1232 (c)Failure to give the department, or any authorized 1233 representative thereof, true information upon request regarding 1234 methods and materials used, work performed, or other information 1235 essential to the administration of this chapter. 1236 (3)The department may, if it finds a violation is of such 1237 nature or circumstances that imposition of a fine, or denial, 1238 revocation, or suspension of a certification or license or 1239 disbursal of state aid would be detrimental to the public or be 1240 unnecessarily harsh under the circumstances, in its discretion, 1241 place the offending party on probation for a period of not more 1242 than 2 years. If the department determines that the terms of 1243 such probation have been violated, it may reinstitute license or 1244 certification or state aid denial, suspension, or revocation 1245 proceedings. 1246 Section 26.Section 388.381, Florida Statutes, is amended 1247 to read: 1248 388.381Cooperation by programs counties and district.Any 1249 program conducting county or district carrying on an arthropod 1250 control program may cooperate with another county, district, or 1251 municipality in carrying out work a program for the control of 1252 mosquitoes and other arthropods, by agreement as to the program 1253 and reimbursement thereof, when approved by the department. 1254 Section 27.Section 388.391, Florida Statutes, is amended 1255 to read: 1256 388.391Control measures in municipalities and portions of 1257 counties located outside boundaries of programs districts.Any 1258 program district whose operation is limited to a portion of the 1259 county in which it is located may perform any control measures 1260 authorized by this chapter in any municipality located in the 1261 same county or in any portions of the same county, where there 1262 is no established program district, when requested to do so by 1263 the municipality or county, pursuant to s. 388.381. 1264 Section 28.Section 388.401, Florida Statutes, is amended 1265 to read: 1266 388.401Penalty for damage to property or operations. 1267 Whoever shall willfully damages damage any of the property of 1268 any program county or district created under this or other 1269 chapters, or any works constructed, maintained, or controlled by 1270 such program county or district, or who obstructs shall obstruct 1271 or causes cause to be obstructed any of the operations of such 1272 program county or district, or who shall knowingly or willfully 1273 violates violate any provisions of this chapter or any rule or 1274 regulation promulgated by any board of commissioners of any 1275 program, commits county or district shall be guilty of a 1276 misdemeanor of the second degree, punishable as provided in s. 1277 775.082 or s. 775.083. 1278 Section 29.Paragraph (a) of subsection (2) of section 1279 388.46, Florida Statutes, is amended to read: 1280 388.46Florida Coordinating Council on Mosquito Control; 1281 establishment; membership; organization; responsibilities. 1282 (2)MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES. 1283 (a)Membership.The Florida Coordinating Council on 1284 Mosquito Control shall be composed comprised of the following 1285 representatives or their authorized designees: 1286 1.The Secretary of Environmental Protection. 1287 2.The State Surgeon General. 1288 3.The executive director of the Fish and Wildlife 1289 Conservation Commission. 1290 4.The state epidemiologist. 1291 5.The Commissioner of Agriculture. 1292 6.The Board of Trustees of the Internal Improvement Trust 1293 Fund. 1294 7.Representatives from: 1295 a.The University of Florida, Institute of Food and 1296 Agricultural Sciences, Florida Medical Entomological Research 1297 Laboratory. 1298 b.The United States Environmental Protection Agency. 1299 c.The United States Department of Agriculture, Center of 1300 Medical, Agricultural, and Veterinary Entomology Insects 1301 Affecting Man Laboratory. 1302 d.The United States Fish and Wildlife Service. 1303 8.Four Two mosquito control directors to be nominated by 1304 the Florida Mosquito Control Association, two representatives of 1305 Florida environmental groups, and two private citizens who are 1306 property owners whose lands are regularly subject to mosquito 1307 control operations, to be appointed to 4-year terms by the 1308 Commissioner of Agriculture and serve until his or her successor 1309 is appointed. 1310 Section 30.Paragraph (d) of subsection (7) of section 1311 403.067, Florida Statutes, is amended to read: 1312 403.067Establishment and implementation of total maximum 1313 daily loads. 1314 (7)DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1315 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. 1316 (d)Enforcement and verification of basin management action 1317 plans and management strategies. 1318 1.Basin management action plans are enforceable pursuant 1319 to this section and ss. 403.121, 403.141, and 403.161. 1320 Management strategies, including best management practices and 1321 water quality monitoring, are enforceable under this chapter. 1322 2.No later than January 1, 2017: 1323 a.The department, in consultation with the water 1324 management districts and the Department of Agriculture and 1325 Consumer Services, shall initiate rulemaking to adopt procedures 1326 to verify implementation of water quality monitoring required in 1327 lieu of implementation of best management practices or other 1328 measures pursuant to sub-subparagraph (b)2.g.; 1329 b.The department, in consultation with the water 1330 management districts and the Department of Agriculture and 1331 Consumer Services, shall initiate rulemaking to adopt procedures 1332 to verify implementation of nonagricultural interim measures, 1333 best management practices, or other measures adopted by rule 1334 pursuant to subparagraph (c)1.; and 1335 c.The Department of Agriculture and Consumer Services, in 1336 consultation with the water management districts and the 1337 department, shall initiate rulemaking to adopt procedures to 1338 verify implementation of agricultural interim measures, best 1339 management practices, or other measures adopted by rule pursuant 1340 to subparagraph (c)2. 1341 1342 The rules required under this subparagraph shall include 1343 enforcement procedures applicable to the landowner, discharger, 1344 or other responsible person required to implement applicable 1345 management strategies, including best management practices or 1346 water quality monitoring as a result of noncompliance. 1347 3.At least every 2 years, the Department of Agriculture 1348 and Consumer Services shall perform onsite inspections of each 1349 agricultural producer that enrolls in a best management 1350 practice, except those enrolled by rule in subparagraph 4., to 1351 ensure that such practice is being properly implemented. Such 1352 verification must include a collection and review of the best 1353 management practice documentation from the previous 2 years 1354 required by rules adopted pursuant to subparagraph (c)2., 1355 including, but not limited to, nitrogen and phosphorus 1356 fertilizer application records, which must be collected and 1357 retained pursuant to subparagraphs (c)3., 4., and 6. The 1358 Department of Agriculture and Consumer Services shall initially 1359 prioritize the inspection of agricultural producers located in 1360 the basin management action plans for Lake Okeechobee, the 1361 Indian River Lagoon, the Caloosahatchee River and Estuary, and 1362 Silver Springs. 1363 4.The Department of Agriculture and Consumer Services is 1364 authorized to adopt rules establishing an enrollment in best 1365 management practices by rule process that agricultural pollutant 1366 sources and agricultural producers may use in lieu of the best 1367 management practices adopted in paragraph (c) and identify best 1368 management practices for landowners of parcels which meet the 1369 following requirements: 1370 a.A parcel not more than 25 acres in size; 1371 b.A parcel designated as agricultural land use by the 1372 county in which it is located or the parcel is granted 1373 agricultural tax classification by the county property appraiser 1374 of the county in which it is located; 1375 c.A parcel with water use not exceeding 100,000 gallons 1376 per day on average unless the entire use is met using recycled 1377 water from wet detention treatment ponds or reuse water; 1378 d.A parcel where the agricultural activity on the parcel 1379 is not a vegetable crop, an agronomic crop, a nursery, or a 1380 dairy operation; 1381 e.A parcel not abutting an impaired water body identified 1382 in subsection (4); and 1383 f.A parcel not part of a larger operation that is enrolled 1384 in the Department of Agriculture and Consumer Services best 1385 management practices or conducting water quality monitoring 1386 prescribed by the department or a water management district. 1387 1388 Such requirements must specify design or performance criteria 1389 that, if applied, would result in compliance with appropriate 1390 water quality standards. The Department of Agriculture and 1391 Consumer Services is authorized to adopt additional eligibility 1392 criteria for landowners or producers to use enrollment by rule 1393 and to revoke enrollment by rule. 1394 5.The Department of Agriculture and Consumer Services 1395 shall annually perform onsite inspections of 20 percent for all 1396 enrollments that meet the qualifications pursuant to 1397 subparagraph 4. by rule within basin management action plan 1398 areas, to ensure that practices are being properly implemented. 1399 Such inspections must include a collection and review of the 1400 identified best management practice documentation from the 1401 previous 2 years required by rules adopted pursuant to 1402 subparagraph (c)2. All agricultural producers enrolled by rule 1403 in a best management practice must annually submit nutrient 1404 records, including nitrogen and phosphorus application records 1405 for the previous calendar year, to the Department of Agriculture 1406 and Consumer Services as required by rules adopted pursuant to 1407 subparagraph (c)2. The Department of Agriculture and Consumer 1408 Services shall collect and retain these nutrient records 1409 pursuant to subparagraphs (c)3., 4., and 6. 1410 Section 31.Subsection (19) is added to section 403.852, 1411 Florida Statutes, to read: 1412 403.852Definitions; ss. 403.850-403.864.As used in ss. 1413 403.850-403.864: 1414 (19)Water quality additive means any chemical or 1415 additive which is used in a public water system for the purpose 1416 of removing contaminants or increasing water quality. The term 1417 does not include additives used for health-related purposes. 1418 Section 32.Subsection (8) is added to section 403.859, 1419 Florida Statutes, to read: 1420 403.859Prohibited acts.The following acts and the causing 1421 thereof are prohibited and are violations of this act: 1422 (8)The use of any additive in a public water system which 1423 does not meet the definition of a water quality additive as 1424 defined in s. 403.852(19), or the use of any additive included 1425 primarily for health-related purposes. 1426 Section 33.Subsection (10) of section 482.111, Florida 1427 Statutes, is amended to read: 1428 482.111Pest control operators certificate. 1429 (10)In order to renew a certificate, the certificateholder 1430 must complete 2 hours of approved continuing education on 1431 legislation, safety, pesticide labeling, and integrated pest 1432 management and 2 hours of approved continuing education in each 1433 category of her or his certificate or must pass an examination 1434 that the department shall provide in person and remotely through 1435 a third-party vendor. The third-party vendor may collect and 1436 retain a convenience fee given by the department. The department 1437 may not renew a certificate if the continuing education or 1438 examination requirement is not met. 1439 (a)Courses or programs, to be considered for credit, must 1440 include one or more of the following topics: 1441 1.The law and rules of this state pertaining to pest 1442 control. 1443 2.Precautions necessary to safeguard life, health, and 1444 property in the conducting of pest control and the application 1445 of pesticides. 1446 3.Pests, their habits, recognition of the damage they 1447 cause, and identification of them by accepted common name. 1448 4.Current accepted industry practices in the conducting of 1449 fumigation, termites and other wood-destroying organisms pest 1450 control, lawn and ornamental pest control, and household pest 1451 control. 1452 5.How to read labels, a review of current state and 1453 federal laws on labeling, and a review of changes in or 1454 additions to labels used in pest control. 1455 6.Integrated pest management. 1456 (b)The certificateholder must submit with her or his 1457 application for renewal a statement certifying that she or he 1458 has completed the required number of hours of continuing 1459 education. The statement must be on a form prescribed by the 1460 department and must identify at least the date, location, 1461 provider, and subject of the training and must provide such 1462 other information as required by the department. 1463 (c)The department shall charge the same fee for 1464 examination as provided in s. 482.141(2). 1465 Section 34.Subsection (1) of section 482.141, Florida 1466 Statutes, is amended to read: 1467 482.141Examinations. 1468 (1)Each individual seeking certification must 1469 satisfactorily pass an examination which must be written but 1470 which may include practical demonstration. The department shall 1471 provide in-person and remote testing through a third-party 1472 vendor. A third-party vendor may collect and retain a 1473 convenience fee hold at least two examinations each year. An 1474 applicant may seek certification in one or more categories. 1475 Section 35.Paragraph (b) of subsection (1) of section 1476 482.155, Florida Statutes, is amended to read: 1477 482.155Limited certification for governmental pesticide 1478 applicators or private applicators. 1479 (1) 1480 (b)A person seeking limited certification under this 1481 subsection must pass an examination that the department shall 1482 provide in person and remotely through a third-party vendor. The 1483 third-party vendor may collect and retain a convenience fee 1484 given or approved by the department. Each application for 1485 examination must be accompanied by an examination fee set by the 1486 department, in an amount of not more than $150 or less than $50; 1487 and a recertification fee of $25 every 4 years. Until rules 1488 setting these fees are adopted by the department, the 1489 examination fee is $50. Application for recertification must be 1490 accompanied by proof of having completed 4 classroom hours of 1491 acceptable continuing education. The limited certificate expires 1492 4 years after the date of issuance. If the certificateholder 1493 fails to renew his or her certificate and provide proof of 1494 completion of the required continuing education units within 60 1495 days after the expiration date, the certificateholder may be 1496 recertified only after reexamination. The department shall make 1497 available provide the appropriate reference material and make 1498 the examination readily accessible and available to all 1499 applicants at least quarterly or as necessary in each county. 1500 Section 36.Subsection (2) of section 482.156, Florida 1501 Statutes, is amended to read: 1502 482.156Limited certification for commercial landscape 1503 maintenance personnel. 1504 (2)(a)A person seeking limited certification under this 1505 section must pass an examination that the department shall 1506 provide in person and remotely through a third-party vendor. The 1507 third-party vendor may collect and retain a convenience fee 1508 given by the department. Each application for examination must 1509 be accompanied by an examination fee set by rule of the 1510 department, in an amount of not more than $150 or less than $50. 1511 Before the department issues a limited certification under this 1512 section, each person applying for the certification must furnish 1513 proof of having a certificate of insurance which states that the 1514 employer meets the requirements for minimum financial 1515 responsibility for bodily injury and property damage required by 1516 s. 482.071(4). 1517 (b)The department shall make available provide the 1518 appropriate reference materials for the examination and provide 1519 in-person and remote testing through a third-party vendor. A 1520 third-party vendor may collect and retain a convenience fee make 1521 the examination readily accessible and available to applicants 1522 at least quarterly or as necessary in each county. 1523 Section 37.Subsection (2) of section 482.157, Florida 1524 Statutes, is amended to read: 1525 482.157Limited certification for commercial wildlife 1526 management personnel. 1527 (2)The department shall issue a limited certificate to an 1528 applicant who: 1529 (a)Submits an application and examination fee of at least 1530 $150, but not more than $300, as prescribed by the department by 1531 rule; 1532 (b)Passes an examination that the department shall provide 1533 in person and remotely through a third-party vendor. The third 1534 party vendor may collect and retain a convenience fee 1535 administered by the department. The department shall make 1536 available provide the appropriate study materials for the 1537 examination and make the examination readily available to 1538 applicants in each county as necessary, but not less frequently 1539 than quarterly; and 1540 (c)Provides proof, including a certificate of insurance, 1541 that the applicant has met the minimum bodily injury and 1542 property damage insurance requirements in s. 482.071(4). 1543 Section 38.Paragraph (m) is added to subsection (1) of 1544 section 482.161, Florida Statutes, to read: 1545 482.161Disciplinary grounds and actions; reinstatement. 1546 (1)The department may issue a written warning to or impose 1547 a fine against, or deny the application for licensure or 1548 licensure renewal of, a licensee, certified operator, limited 1549 certificateholder, identification cardholder, or special 1550 identification cardholder or any other person, or may suspend, 1551 revoke, or deny the issuance or renewal of any license, 1552 certificate, limited certificate, identification card, or 1553 special identification card that is within the scope of this 1554 chapter, in accordance with chapter 120, upon any of the 1555 following grounds: 1556 (m)Upon the issuance of a final order imposing civil 1557 penalties under subsection 14(a) of the Federal Insecticide, 1558 Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction 1559 under subsection 14(b) of FIFRA. 1560 Section 39.Subsection (2) of section 487.044, Florida 1561 Statutes, is amended to read: 1562 487.044Certification; examination. 1563 (2)The department shall require each applicant for a 1564 certified applicators license to demonstrate competence by a 1565 written or oral examination in which the applicant must 1566 demonstrate adequate knowledge concerning the proper use and 1567 application of restricted-use pesticides in each classification 1568 for which application for license is made. The department shall 1569 provide in-person and remote testing through a third-party 1570 vendor. A third-party vendor may collect and retain a 1571 convenience fee. The examination may be prepared, administered, 1572 and evaluated by the department. Each applicant for a certified 1573 applicators license must shall demonstrate minimum competence 1574 as to: 1575 (a)The proper use of the equipment. 1576 (b)The environmental hazards that may be involved in 1577 applying restricted-use pesticides. 1578 (c)Calculating the concentration of restricted-use 1579 pesticides to be used in particular circumstances. 1580 (d)Identification of common pests to be controlled and the 1581 damages caused by such pests. 1582 (e)Protective clothing and respiratory equipment required 1583 during the handling and application of restricted-use 1584 pesticides. 1585 (f)General precautions to be followed in the disposal of 1586 containers, as well as the cleaning and decontamination of the 1587 equipment which the applicant proposes to use. 1588 (g)Applicable state and federal pesticide laws, rules, and 1589 regulations. 1590 (h)General safety precautions. 1591 Section 40.Subsection (6) is added to section 487.175, 1592 Florida Statutes, to read: 1593 487.175Penalties; administrative fine; injunction. 1594 (6)Licensure may be suspended, revoked, or denied by the 1595 department, upon the issuance of a final order to a licensee 1596 imposing civil penalties under subsection 14(a) of the Federal 1597 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a 1598 criminal conviction under subsection 14(b) of FIFRA. 1599 Section 41.Present subsections (13) through (28) of 1600 section 496.404, Florida Statutes, are redesignated as 1601 subsections (15) through (30), respectively, and new subsections 1602 (13) and (14) are added to that section, to read: 1603 496.404Definitions.As used in ss. 496.401-496.424, the 1604 term: 1605 (13)Foreign country of concern means the Peoples 1606 Republic of China, the Russian Federation, the Islamic Republic 1607 of Iran, the Venezuelan regime of Nicols Maduro, or the Syrian 1608 Arab Republic, including any agency of or any other entity under 1609 significant control of such foreign country of concern. 1610 (14)Foreign source of concern means any of the 1611 following: 1612 (a)The government or any official of the government of a 1613 foreign country of concern; 1614 (b)A political party or member of a political party or any 1615 subdivision of a political party in a foreign country of 1616 concern; 1617 (c)A partnership, an association, a corporation, an 1618 organization, or other combination of persons organized under 1619 the laws of or having its principal place of business in a 1620 foreign country of concern, or a subsidiary of such entity; 1621 (d)Any person who is domiciled in a foreign country of 1622 concern and is not a citizen or lawful permanent citizen of the 1623 United States; 1624 (e)An agent, including a subsidiary or an affiliate of a 1625 foreign legal entity, acting on behalf of a foreign source of 1626 concern; or 1627 (f)An entity in which a person, entity, or collection of 1628 persons or entities described in paragraphs (a)(e) has a 1629 controlling interest. As used in this paragraph, the term 1630 controlling interest means the possession of the power to 1631 direct or cause the direction of the management or policies of 1632 an entity, whether through ownership of securities, by contract, 1633 or otherwise. A person or an entity that directly or indirectly 1634 has the right to vote 25 percent or more of the voting interest 1635 of the company or is entitled to 25 percent or more of its 1636 profits is presumed to possess a controlling interest. 1637 Section 42.Present paragraphs (d) through (g) of 1638 subsection (2) of section 496.405, Florida Statutes, are 1639 redesignated as paragraphs (f) through (i), respectively, new 1640 paragraphs (d) and (e) are added to that subsection, subsection 1641 (11) is added to that section, and subsection (1) and paragraph 1642 (b) of subsection (7) of that section are amended, to read: 1643 496.405Registration statements by charitable organizations 1644 and sponsors. 1645 (1)A charitable organization or sponsor, unless exempted 1646 pursuant to s. 496.406, which intends to solicit contributions 1647 in or from this state by any means or have funds solicited on 1648 its behalf by any other person, charitable organization, 1649 sponsor, commercial co-venturer, or professional solicitor, or 1650 that participates in a charitable sales promotion or sponsor 1651 sales promotion, must, before engaging in any of these 1652 activities, file an initial registration statement, which 1653 includes an attestation statement, and a renewal statement 1654 annually thereafter, with the department. 1655 (a)Except as provided in paragraph (b), any changes in the 1656 information submitted on the initial registration statement or 1657 the last renewal statement must be updated annually on a renewal 1658 statement provided by the department on or before the date that 1659 marks 1 year after the date the department approved the initial 1660 registration statement as provided in this section. The 1661 department shall annually provide a renewal statement to each 1662 registrant by mail or by electronic mail at least 30 days before 1663 the renewal date. 1664 (b)Any changes to the information submitted to the 1665 department pursuant to paragraph (2)(f) (2)(d) on the initial 1666 registration statement, which includes an attestation statement, 1667 or the last renewal statement must be reported to the department 1668 on a form prescribed by the department within 10 days after the 1669 change occurs. 1670 (c)A charitable organization or sponsor that is required 1671 to file an initial registration statement or annual renewal 1672 statement may not, before approval of its statement by the 1673 department in accordance with subsection (7), solicit 1674 contributions or have contributions solicited on its behalf by 1675 any other person, charitable organization, sponsor, commercial 1676 co-venturer, or professional solicitor or participate in a 1677 charitable sales promotion or sponsor sales promotion. 1678 (d)The registration of a charitable organization or 1679 sponsor may not continue in effect and shall expire without 1680 further action of the department under either of the following 1681 circumstances: 1682 1.After the date the charitable organization or sponsor 1683 should have filed, but failed to file, its renewal statement in 1684 accordance with this section. 1685 2.For failure to provide a financial statement within any 1686 extension period provided under s. 496.407. 1687 (2)The initial registration statement must be submitted on 1688 a form prescribed by the department, signed by an authorized 1689 official of the charitable organization or sponsor who shall 1690 certify that the registration statement is true and correct, and 1691 include the following information or material: 1692 (d)An attestation statement, which must be submitted on a 1693 form prescribed by the department and signed by an authorized 1694 official of the charitable organization, who shall certify and 1695 attest that the charitable organization, if engaged in 1696 activities that would require registration pursuant to chapter 1697 106 is registered with the Department of State, pursuant to 1698 chapter 106. 1699 (e)An attestation statement on a form prescribed by the 1700 department, signed by an authorized official of the charitable 1701 organization, who shall certify and attest that the charitable 1702 organization, if prohibited by applicable federal or state law, 1703 is not engaged in activities that would require registration 1704 with the Department of State pursuant to chapter 106. 1705 (7) 1706 (b)If a charitable organization or sponsor discloses 1707 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7. 1708 in the initial registration statement or annual renewal 1709 statement, the time limits set forth in paragraph (a) are 1710 waived, and the department shall process such initial 1711 registration statement or annual renewal statement in accordance 1712 with the time limits set forth in chapter 120. The registration 1713 of a charitable organization or sponsor shall be automatically 1714 suspended for failure to disclose any information specified in 1715 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the 1716 required information is submitted to the department. 1717 (11)The department may investigate and refer a charitable 1718 organization or sponsor to the Florida Elections Commission for 1719 investigation of violations pursuant to chapters 104 and 106. 1720 Section 43.Subsection (20) is added to section 496.415, 1721 Florida Statutes, to read: 1722 496.415Prohibited acts.It is unlawful for any person in 1723 connection with the planning, conduct, or execution of any 1724 solicitation or charitable or sponsor sales promotion to: 1725 (20)Solicit or accept contributions or anything of value 1726 from a foreign source of concern. 1727 Section 44.Section 496.417, Florida Statutes, is amended 1728 to read: 1729 496.417Criminal penalties.Except as otherwise provided in 1730 ss. 496.401-496.424, and in addition to any administrative or 1731 civil penalties, any person who willfully and knowingly violates 1732 ss. 496.401-496.424 commits a felony of the third degree, 1733 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1734 For a second or subsequent conviction, such violation 1735 constitutes a felony of the second degree, punishable as 1736 provided in s. 775.082, s. 775.083, or s. 775.084. The 1737 department may also investigate and refer a charitable 1738 organization or sponsor to the Florida Elections Commission for 1739 investigation of violations pursuant to chapters 104 and 106. 1740 Section 45.Subsection (11) is added to section 496.419, 1741 Florida Statutes, to read: 1742 496.419Powers of the department. 1743 (11)A charitable organization or sponsor whose 1744 registration is denied or revoked for submitting a false 1745 attestation required pursuant to s. 496.405(2)(d) or (2)(e) is 1746 subject to the penalties specified in subsection (5) at the 1747 discretion of the department. 1748 Section 46.Section 496.431, Florida Statutes, is created 1749 to read: 1750 496.431Honest Services Registry. 1751 (1)The department shall create the Honest Services 1752 Registry to provide the residents of this state with the 1753 information necessary to make an informed choice when deciding 1754 which charitable organizations to support. 1755 (2)To be included on the Honest Services Registry, a 1756 charitable organization must, at a minimum, submit to the 1757 department an attestation statement on a form prescribed by the 1758 department, verified as provided in s. 92.525, attesting to all 1759 of the following: 1760 (a)That the organization does not solicit or accept, 1761 directly or indirectly, contributions, funding, support, or 1762 services from a foreign source of concern. 1763 (b)That the organizations messaging and content are not 1764 directly or indirectly produced or influenced by a foreign 1765 source of concern. 1766 (3)The department shall publish the Honest Services 1767 Registry on the departments website. 1768 (4)The department shall adopt rules to implement this 1769 section. 1770 Section 47.Paragraph (j) of subsection (1) of section 1771 500.03, Florida Statutes, is amended to read: 1772 500.03Definitions; construction; applicability. 1773 (1)For the purpose of this chapter, the term: 1774 (j)Cottage food product means food that is not time or 1775 temperature controlled for safety or a potentially hazardous 1776 food as defined by department rule which is sold by a cottage 1777 food operation in accordance with s. 500.80. 1778 Section 48.Paragraphs (a) and (b) of subsection (1) of 1779 section 500.12, Florida Statutes, are amended to read: 1780 500.12Food permits; building permits. 1781 (1)(a)A food permit from the department is required of any 1782 person or business that who operates a food establishment, 1783 except: 1784 1.Persons or businesses operating minor food outlets that 1785 sell food that is commercially prepackaged, not potentially 1786 hazardous, not age restricted, and not time or temperature 1787 controlled for safety, if the shelf space for those items does 1788 not exceed 12 total linear feet and no other food is sold by the 1789 person or business minor food outlet. 1790 2.Persons subject to continuous, onsite federal or state 1791 inspection. 1792 3.Persons selling only legumes in the shell, either 1793 parched, roasted, or boiled. 1794 4.Persons selling sugar cane or sorghum syrup that has 1795 been boiled and bottled on a premise located within this state. 1796 Such bottles must contain a label listing the producers name 1797 and street address, all added ingredients, the net weight or 1798 volume of the product, and a statement that reads, This product 1799 has not been produced in a facility permitted by the Florida 1800 Department of Agriculture and Consumer Services. 1801 (b)Each food establishment regulated under this chapter 1802 must apply for and receive a food permit before operation 1803 begins. An application for a food permit from the department 1804 must be accompanied by a fee in an amount determined by 1805 department rule. The department shall adopt by rule a schedule 1806 of fees to be paid by each food establishment as a condition of 1807 issuance or renewal of a food permit. Such fees may not exceed 1808 $650 and must be used solely for the recovery of costs for the 1809 services provided, except that the fee accompanying an 1810 application for a food permit for operating a bottled water 1811 plant may not exceed $1,000 and the fee accompanying an 1812 application for a food permit for operating a packaged ice plant 1813 may not exceed $250. The fee for operating a bottled water plant 1814 or a packaged ice plant must be set by rule of the department. 1815 Food permits are not transferable from one person or physical 1816 location to another. Food permits must be renewed in accordance 1817 with subparagraphs 1.-3. If an application for renewal of a food 1818 permit is not received by the department on or before its due 1819 date, a late fee not exceeding $100 must be paid in addition to 1820 the food permit fee before the department may issue the food 1821 permit. The moneys collected must be deposited in the General 1822 Inspection Trust Fund. 1823 1.A food permit issued to a new food establishment on or 1824 after September 1, 2023, is valid for 1 calendar year after the 1825 date of issuance and must be renewed annually on or before that 1826 date thereafter. 1827 2.Effective January 1, 2024, A food permit issued before 1828 September 1, 2023, expires on the month and day the initial 1829 permit was issued to the food establishment and must be renewed 1830 annually on or before that date thereafter. The department may 1831 charge a prorated permit fee for purposes of this subparagraph. 1832 3.The department may establish a single permit renewal 1833 date for multiple food establishments owned by the same entity 1834 The owner of 100 or more permitted food establishment locations 1835 may elect to set the expiration of food permits for such 1836 establishments as December 31 of each calendar year. 1837 Section 49.Section 500.166, Florida Statutes, is amended 1838 to read: 1839 500.166Records of interstate shipment.For the purpose of 1840 enforcing this chapter, carriers engaged in interstate commerce 1841 and persons receiving food in interstate commerce shall retain 1842 all records for 3 years from the date of the record showing the 1843 movement in interstate commerce of any food, and the quantity, 1844 shipper and consignee thereof and, upon the request by an 1845 officer or employee duly designated by the department, permit 1846 the officer or employee to have access to and to copy all 1847 records showing the movement in interstate commerce of any food, 1848 and the quantity, shipper, and consignee thereof. 1849 Section 50.Subsection (1) of section 500.172, Florida 1850 Statutes, is amended to read: 1851 500.172Embargoing, detaining, destroying of food, food 1852 processing equipment, or areas that are in violation. 1853 (1)When the department, or its duly authorized agent who 1854 has received appropriate education and training regarding the 1855 legal requirements of this chapter, finds or has probable cause 1856 to believe that any food, food processing equipment, food 1857 processing area, or food storage area is in violation of this 1858 chapter or any rule adopted under this chapter so as to be 1859 dangerous, unwholesome, mislabeled, fraudulent, or insanitary 1860 within the meaning of this chapter, an agent of the department 1861 may issue and enforce a stop-sale, stop-use, removal, or hold 1862 order, which order gives notice that such article, processing 1863 equipment, processing area, or storage area is or is suspected 1864 of being in violation and has been detained or embargoed and 1865 which order warns all persons not to remove, use, or dispose of 1866 such article, processing equipment, processing area, or storage 1867 area by sale or otherwise until permission for removal, use, or 1868 disposal is given by the department or the court. The department 1869 is authorized to enter into a written agreement with the owner 1870 of such food, food processing equipment, food processing area, 1871 or food storage area, or otherwise facilitate the destruction of 1872 any article found or suspected by the department to be in 1873 violation of this section. A person may not remove, use, or 1874 dispose of such detained or embargoed article, processing 1875 equipment, processing area, or storage area by sale or otherwise 1876 without such permission from or in accordance with a written 1877 agreement with the department. 1878 Section 51.Section 500.75, Florida Statutes, is created to 1879 read: 1880 500.75Mushrooms spores and mycelium; offenses.It is 1881 unlawful to transport, import, sell, offer for sale, furnish, or 1882 give away spores or mycelium capable of producing mushrooms or 1883 other material which will contain a controlled substance, 1884 including psilocybin or psilocyn, during its lifecycle. A person 1885 who transports, imports into this state, sells, offers for sale, 1886 furnishes, gives away, or offers to transport, import into this 1887 state, sell, furnish, or give away any spores or mycelium 1888 capable of producing mushrooms or other material which will 1889 contain a controlled substance commits a misdemeanor of the 1890 first degree, punishable as provided in s. 775.082 or s. 1891 775.083. 1892 Section 52.Section 500.93, Florida Statutes, is created to 1893 read: 1894 500.93Mislabeling of plant-based products as milk, meat, 1895 or poultry. 1896 (1)As used in this section, the term: 1897 (a)Egg and egg product have the same meanings as in 21 1898 U.S.C. s. 1033 and the Egg Products Inspection Act. 1899 (b)FDA means the United States Food and Drug 1900 Administration. 1901 (c)Meat has the same meaning as in 9 C.F.R. s. 301.2 and 1902 the Federal Meat Inspection Act. 1903 (d)Milk has the same meaning as in 21 C.F.R. s. 131.110 1904 and the Grade A pasteurized milk ordinance. 1905 (e)Poultry and poultry product have the same meanings 1906 as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act. 1907 (2)(a)In accordance with the established standard of 1908 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade 1909 A pasteurized milk ordinance, the department shall adopt rules 1910 to enforce the FDAs standard of identity for milk, as adopted 1911 in state law, to prohibit the sale of plant-based products 1912 mislabeled as milk in this state. 1913 (b)This subsection is effective upon the enactment into 1914 law of a mandatory labeling requirement to prohibit the sale of 1915 plant-based products mislabeled as milk that is consistent with 1916 this section by any 11 of the group of 14 states composed of 1917 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 1918 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, 1919 Texas, Virginia, and West Virginia. 1920 (3)(a)In accordance with the established standard of 1921 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal 1922 Meat Inspection Act, and both poultry and poultry products 1923 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection 1924 Act, the department shall adopt rules to enforce the FDAs 1925 standard of identity for meat, poultry, and poultry products as 1926 adopted in this section, to prohibit the sale of plant-based 1927 products mislabeled as meat, poultry, or poultry products in 1928 this state. 1929 (b)This subsection is effective upon the enactment into 1930 law of a mandatory labeling requirement to prohibit the sale of 1931 plant-based products mislabeled as meat, poultry, or poultry 1932 products which is consistent with this section by any 11 of the 1933 group of 14 states composed of Alabama, Arkansas, Florida, 1934 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, 1935 South Carolina, Tennessee, Texas, Virginia, and West Virginia. 1936 (4)(a)In accordance with the established standard of 1937 identity for eggs and egg products defined in 21 U.S.C. s. 1033 1938 and the Egg Products Inspection Act, the department shall adopt 1939 rules to enforce the FDAs standard of identity for eggs and egg 1940 products, as adopted in state law, to prohibit the sale of 1941 plant-based products mislabeled as egg or egg products in this 1942 state. 1943 (b)This subsection is effective upon the enactment into 1944 law of a mandatory labeling requirement to prohibit the sale of 1945 plant-based products mislabeled as egg or egg products that is 1946 consistent with this section by any 11 of the group of 14 states 1947 composed of Alabama, Arkansas, Florida, Georgia, Kentucky, 1948 Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, 1949 Tennessee, Texas, Virginia, and West Virginia. 1950 (5)The Department of Agriculture and Consumer Services 1951 shall notify the Division of Law Revision upon the enactment 1952 into law by any 11 of the group of 14 states composed of 1953 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 1954 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, 1955 Texas, Virginia, and West Virginia of the mandatory labeling 1956 requirements pursuant to subsections (2) and (3). 1957 (6)The department shall adopt rules to implement this 1958 section. 1959 (7)This section may not be construed to limit the 1960 departments authority to enforce its laws and regulations. 1961 Section 53.Section 501.135, Florida Statutes, is repealed. 1962 Section 54.Subsection (1) of section 501.912, Florida 1963 Statutes, is amended to read: 1964 501.912Definitions.As used in ss. 501.91-501.923: 1965 (1)Antifreeze means any substance or preparation, 1966 including, but not limited to, coolant, antifreeze-coolant, 1967 antifreeze and summer coolant, or summer coolant, that is sold, 1968 distributed, or intended for use: 1969 (a)As the cooling liquid, or to be added to the cooling 1970 liquid, in the cooling system of internal combustion engines of 1971 motor vehicles to prevent freezing of the cooling liquid or to 1972 lower its freezing point; or 1973 (b)To raise the boiling point of water, aid in vehicle 1974 component cooling, or for the prevention of engine overheating, 1975 whether or not the liquid is used as a year-round cooling system 1976 fluid. 1977 Section 55.Section 525.19, Florida Statutes, is created to 1978 read: 1979 525.19Petroleum registration. 1980 (1)The department shall create an annual petroleum 1981 registration program for petroleum owners or operators and shall 1982 adopt rules detailing the requirements for such registration 1983 that include, at minimum: 1984 (a)Name of the petroleum owner or operator; 1985 (b)Address of the petroleum owner or operator; 1986 (c)Phone number of the petroleum owner or operator; 1987 (d)E-mail address of the petroleum owner or operator; 1988 (e)Requirements for the transfer switch; 1989 (f)Fuel and petroleum infrastructure; and 1990 (g)Fuel and petroleum inventory and delivery information. 1991 (2)The registration program must be free for all 1992 registrants. 1993 (3)The department has the authority to require registrants 1994 to provide updates related to the status of infrastructure, 1995 inventory, and delivery information during a state of emergency 1996 as declared by an executive order issued by the Governor. 1997 Section 56.Section 526.147, Florida Statutes, is created 1998 to read: 1999 526.147Florida Retail Fuel Transfer Switch Modernization 2000 Grant Program. 2001 (1)(a)There is created, subject to appropriation, the 2002 Florida Retail Fuel Transfer Switch Modernization Grant Program 2003 within the Department of Agriculture and Consumer Services. 2004 (b)The grant program shall provide grant funds, not to 2005 exceed $10,000 per retail fuel facility, to be used for 2006 installation and equipment costs related to installing or 2007 modernizing transfer switch infrastructure at retail fuel 2008 facilities to allow for the continuity of fueling operations 2009 under generated power. 2010 (c)The department shall award funds based upon the 2011 following criteria: 2012 1.Up to $10,000, of costs for transfer switch purchase and 2013 installation for retail fuel locations in fiscally constrained 2014 counties as designated under s. 218.67(1). 2015 2.Up to $5,000, of costs for transfer switch purchase and 2016 installation for all other retail fuel locations. 2017 (d)Retail fuel facilities which are awarded grant funds 2018 must comply with s. 526.143 and must install a transfer switch 2019 capable of operating all fuel pumps, dispensing equipment, life 2020 safety systems, and payment acceptance equipment using an 2021 alternative generated power source. 2022 (e)Before being awarded funding from the department, 2023 retail fuel facilities must provide documentation on transfer 2024 switch installation and required generator sizing to the 2025 department. 2026 (f)Marinas and fueling facilities with fewer than 4 2027 fueling positions are excluded from being awarded funding 2028 through this program. 2029 (g)Fueling facilities subject to s. 526.143(2) are 2030 excluded from being awarded funding through this program. 2031 (2)The department, in consultation with the Division of 2032 Emergency Management, shall adopt rules to implement and 2033 administer this section, including establishing grant 2034 application processes for the Florida Retail Fuel Transfer 2035 Switch Modernization Grant Program. The rules must include 2036 application deadlines and establish the supporting documentation 2037 necessary to be provided to the department. 2038 Section 57.Section 531.48, Florida Statutes, is amended to 2039 read: 2040 531.48Declarations of unit price on random packages.In 2041 addition to the declarations required by s. 531.47, any package 2042 being one of a lot containing random weights of the same 2043 commodity must and bearing the total selling price of the 2044 package shall bear on the outside of the package a plain and 2045 conspicuous declaration of the price per single unit of weight 2046 and the total retail price of the package, as defined by 2047 department rule. 2048 Section 58.Section 531.49, Florida Statutes, is amended to 2049 read: 2050 531.49Advertising packages for sale.Whenever A packaged 2051 commodity is advertised in any manner with the retail price 2052 stated, there shall be closely and conspicuously associated with 2053 the retail price must have a declaration of quantity as is 2054 required by law or rule to appear on the package. 2055 Section 59.Present subsections (44), (45), and (46) of 2056 section 570.07, Florida Statutes, are redesignated as 2057 subsections (47), (48), and (49), respectively, and new 2058 subsections (44), (45), and (46) are added to that section, to 2059 read: 2060 570.07Department of Agriculture and Consumer Services; 2061 functions, powers, and duties.The department shall have and 2062 exercise the following functions, powers, and duties: 2063 (44)(a)To foster and encourage the employment and 2064 retention of qualified veterinary pathologists. The department 2065 may reimburse the educational expenses of qualified veterinary 2066 pathologists who enter into an agreement with the department to 2067 retain employment for a specified period of time. 2068 (b)The department shall adopt rules to administer this 2069 subsection. 2070 (45)Subject to appropriation, to extend state and national 2071 Future Farmers of America opportunities to any public school 2072 student enrolled in agricultural education, at little or no cost 2073 to the student or school district, and to support statewide 2074 Future Farmers of America programming that helps such students 2075 develop their potential for premier leadership, personal growth, 2076 and career success. 2077 (46)(a)Notwithstanding ss. 287.042 and 287.057, to use 2078 contracts procured by another agency. 2079 (b)As used in this subsection, the term agency has the 2080 same meaning as provided in s. 287.012. 2081 Section 60.Subsection (2) of section 570.544, Florida 2082 Statutes, is amended to read: 2083 570.544Division of Consumer Services; director; powers; 2084 processing of complaints; records. 2085 (2)The director shall supervise, direct, and coordinate 2086 the activities of the division and shall, under the direction of 2087 the department, enforce the provisions of ss. 366.94 and ss. 2088 604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526, 2089 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849. 2090 Section 61.Section 570.546, Florida Statutes, is created 2091 to read: 2092 570.546Licensing. 2093 (1)The department is authorized to: 2094 (a)Create a process for the bulk renewal of licenses which 2095 will allow licensees the ability, upon request, to submit all 2096 license applications of the same type, notwithstanding any 2097 provisions of law applicable to each application process. 2098 (b)Create a process that will allow licensees, upon 2099 request, to align the expiration dates of licenses within a 2100 statutory program. 2101 (c)Change the expiration dates for current licensees for 2102 the purpose of reducing large numbers of license expirations 2103 that occur during the same month. 2104 (2)The department shall prorate any licensing fee for 2105 which the term of the license was reduced for the purposes of 2106 alignment. 2107 (3)The department shall adopt rules to implement this 2108 section. 2109 Section 62.Section 570.694, Florida Statutes, is created 2110 to read: 2111 570.694Florida Aquaculture Foundation. 2112 (1)The Florida Aquaculture Foundation is established as a 2113 direct-support organization within the Department of Agriculture 2114 and Consumer Services. The purpose of the foundation is to: 2115 (a)Conduct programs and activities related to the 2116 assistance, promotion, and furtherance of aquaculture and 2117 aquaculture producers in this state. 2118 (b)Identify and pursue methods to provide statewide 2119 resources and materials for these programs. 2120 (2)The foundation shall be governed by s. 570.691. 2121 (3)The department is authorized to appoint an advisory 2122 committee adjunct to the foundation pursuant to s. 570.232. 2123 Section 63.Section 570.822, Florida Statutes, is amended 2124 to read: 2125 570.822Agriculture and Aquaculture Producers Emergency 2126 Natural Disaster Recovery Loan Program. 2127 (1)DEFINITIONS.As used in this section, the term: 2128 (a)Bona fide farm operation means a farm operation 2129 engaged in a good faith commercial agricultural use of land on 2130 land classified as agricultural pursuant to s. 193.461 or on 2131 sovereign submerged land that is leased to the applicant by the 2132 department pursuant to s. 597.010 and that produces agricultural 2133 products within the definition of agriculture under s. 570.02. 2134 (b)Declared emergency natural disaster means an 2135 emergency a natural disaster for which a state of emergency is 2136 declared pursuant to s. 252.36 or s. 570.07(21). 2137 (c)Department means the Department of Agriculture and 2138 Consumer Services. 2139 (d)Essential physical property means fences; equipment; 2140 structural production facilities, such as shade houses and 2141 greenhouses; or other agriculture or aquaculture facilities or 2142 infrastructure. 2143 (e)Program means the Agriculture and Aquaculture 2144 Producers Emergency Natural Disaster Recovery Loan Program. 2145 (2)USE OF LOAN FUNDS; LOAN TERMS. 2146 (a)The program is established within the department to 2147 make loans to agriculture and aquaculture producers that have 2148 experienced damage or destruction from a declared emergency 2149 natural disaster. Loan funds may be used to restore, repair, or 2150 replace essential physical property or remove vegetative debris 2151 from essential physical property, or restock aquaculture. A 2152 structure or building constructed using loan proceeds must 2153 comply with storm-hardening standards for nonresidential farm 2154 buildings as defined in s. 604.50(2). The department shall adopt 2155 such standards by rule. 2156 (b)The department may make a low-interest or interest-free 2157 loan to an eligible applicant. The maximum amount that an 2158 applicant may receive during the application period for a loan 2159 is $500,000. An applicant may not receive more than one loan per 2160 application period and no more than two loans per year or no 2161 more than five loans in any 3-year period. A loan term is 10 2162 years. 2163 (3)ELIGIBLE APPLICANTS.To be eligible for the program, an 2164 applicant must: 2165 (a)Own or lease a bona fide farm operation that is located 2166 in a county named in a declared emergency natural disaster and 2167 that was damaged or destroyed as a result of such declared 2168 emergency natural disaster. 2169 (b)Maintain complete and acceptable farm records, pursuant 2170 to criteria published by the department, and present them as 2171 proof of production levels and bona fide farm operations. 2172 (4)LOAN APPLICATION AND AGREEMENT. 2173 (a)Requests for loans must be made by application to the 2174 department. Upon a determination that funding for loans is 2175 available, the department shall publicly notice an application 2176 period for the declared emergency natural disaster, beginning 2177 within 60 days after the date of the declared emergency natural 2178 disaster and running up to 1 year after the date of the declared 2179 emergency natural disaster or until all available loan funds are 2180 exhausted, whichever occurs first. The application may be 2181 renewed upon a determination from the department and pursuant to 2182 an active declared emergency. 2183 (b)An applicant must demonstrate the need for financial 2184 assistance and an ability to repay or meet a standard credit 2185 rating determined by the department. 2186 (c)Loans must be made pursuant to written agreements 2187 specifying the terms and conditions agreed to by the approved 2188 applicant and the department. The loan agreement must specify 2189 that the loan is due upon sale if the property or other 2190 collateral for the loan is sold. 2191 (d)An approved applicant must agree to stay in production 2192 for the duration of the loan. A loan is not assumable. 2193 (5)LOAN SECURITY REQUIREMENTS.All loans must be secured 2194 by a lien, subordinate only to any mortgage held by a financial 2195 institution as defined in s. 655.005, on property or other 2196 collateral as set forth in the loan agreement. The specific type 2197 of collateral required may vary depending upon the loan purpose, 2198 repayment ability, and the particular circumstances of the 2199 applicant. The department shall record the lien in public 2200 records in the county where the property is located and, in the 2201 case of personal property, perfect the security interest by 2202 filing appropriate Uniform Commercial Code forms with the 2203 Florida Secured Transaction Registry as required pursuant to 2204 chapter 679. 2205 (6)LOAN REPAYMENT. 2206 (a)A loan is due and payable in accordance with the terms 2207 of the loan agreement. 2208 (b)The department shall defer payments for the first 3 2209 years of the loan. After 3 years, the department shall reduce 2210 the principal balance annually through the end of the loan term 2211 such that the original principal balance is reduced by 30 2212 percent. If the principal balance is repaid before the end of 2213 the 10th year, the applicant may not be required to pay more 2214 than 70 percent of the original principal balance. The approved 2215 applicant must continue to be actively engaged in production in 2216 order to receive the original principal balance reductions and 2217 must continue to meet the loan agreement terms to the 2218 satisfaction of the department. 2219 (c)An approved applicant may make payments on the loan at 2220 any time without penalty. Early repayment is encouraged as other 2221 funding sources or revenues become available to the approved 2222 applicant. 2223 (d)All repayments of principal and interest, if 2224 applicable, received by the department in a fiscal year must be 2225 returned to the loan fund and made available for loans to other 2226 applicants in the next application period. 2227 (e)The department may periodically review an approved 2228 applicant to determine whether he or she continues to be in 2229 compliance with the terms of the loan agreement. If the 2230 department finds that an applicant is no longer in production or 2231 has otherwise violated the loan agreement, the department may 2232 seek repayment of the full original principal balance 2233 outstanding, including any interest or costs, as applicable, and 2234 excluding any applied or anticipated original principal balance 2235 reductions. 2236 (f)The department may defer or waive loan payments if at 2237 any time during the repayment period of a loan, the approved 2238 applicant experiences a significant hardship such as crop loss 2239 from a weather-related event or from impacts from a natural 2240 disaster or declared emergency. 2241 (7)ADMINISTRATION. 2242 (a)The department shall create and maintain a separate 2243 account in the General Inspection Trust Fund as a fund for the 2244 program. All repayments must be returned to the loan fund and 2245 made available as provided in this section. Notwithstanding s. 2246 216.301, funds appropriated for the loan program are not subject 2247 to reversion. The department shall manage the fund, establishing 2248 loan practices that must include, but are not limited to, 2249 procedures for establishing loan interest rates, uses of 2250 funding, application procedures, and application review 2251 procedures. The department is authorized to contract with a 2252 third-party administrator to administer the program and manage 2253 the loan fund. A contract for a third-party administrator that 2254 includes management of the loan fund must, at a minimum, require 2255 maintenance of the loan fund to ensure that the program may 2256 operate in a revolving manner. 2257 (b)The department shall coordinate with other state 2258 agencies and other entities to ensure to the greatest extent 2259 possible that agriculture and aquaculture producers in this 2260 state have access to the maximum financial assistance available 2261 following a declared emergency natural disaster. The 2262 coordination must endeavor to ensure that there is no 2263 duplication of financial assistance between the loan program and 2264 other funding sources, such as any federal or other state 2265 programs, including public assistance requests to the Federal 2266 Emergency Management Agency or financial assistance from the 2267 United States Department of Agriculture, which could render the 2268 approved applicant ineligible for other financial assistance. 2269 (8)PUBLIC RECORDS EXEMPTION. 2270 (a)The following information held by the department 2271 pursuant to its administration of the program is exempt from s. 2272 119.07(1) and s. 24(a), Art. I of the State Constitution: 2273 1.Tax returns. 2274 2.Credit history information, credit reports, and credit 2275 scores. 2276 (b)This subsection does not prohibit the disclosure of 2277 information held by the department pursuant to its 2278 administration of the program in an aggregated and anonymized 2279 format. 2280 (c)This subsection is subject to the Open Government 2281 Sunset Review Act in accordance with s. 119.15 and shall stand 2282 repealed on October 2, 2029, unless reviewed and saved from 2283 repeal through reenactment by the Legislature. 2284 (9)RULES.The department shall adopt rules to implement 2285 this section. 2286 (10)REPORTS.By December 1, 2024, and each December 1 2287 thereafter, the department shall provide a report on program 2288 activities during the previous fiscal year to the President of 2289 the Senate and the Speaker of the House of Representatives. The 2290 report must include information on noticed application periods, 2291 the number and value of loans awarded under the program for each 2292 application period, the number and value of loans outstanding, 2293 the number and value of any loan repayments received, and an 2294 anticipated repayment schedule for all loans. 2295 (11)SUNSET.This section expires July 1, 2043, unless 2296 reviewed and saved from repeal through reenactment by the 2297 Legislature. 2298 Section 64.Section 570.823, Florida Statutes, is created 2299 to read: 2300 570.823Silviculture emergency recovery program. 2301 (1)DEFINITIONS.As used in this section, the term: 2302 (a)Bona fide farm operation means a farm operation 2303 engaged in a good faith commercial agricultural use of land on 2304 land classified as agricultural pursuant to s. 193.461 that 2305 produces agricultural products within the definition of 2306 agriculture under s. 570.02. 2307 (b)Declared emergency means an emergency for which a 2308 state of emergency is declared pursuant to s. 252.36 or s. 2309 570.07(21). 2310 (c)Department means the Department of Agriculture and 2311 Consumer Services. 2312 (d)Program means the silviculture emergency recovery 2313 program. 2314 (2)USE OF GRANT FUNDS; GRANT TERMS. 2315 (a)The silviculture emergency recovery program is 2316 established within the department to administer a grant program 2317 to assist timber landowners whose timber land was damaged as a 2318 result of a declared emergency. Grants provided to eligible 2319 timber landowners must be used for: 2320 1.Timber stand restoration, including downed tree removal 2321 on land which will retain the existing trees on site which are 2322 lightly or completely undamaged; 2323 2.Site preparation, and tree replanting; or 2324 3.Road and trail clearing on private timber lands to 2325 provide emergency access and facilitate salvage operations. 2326 (b)Only timber land located on lands classified as 2327 agricultural lands under s. 193.461 are eligible for the 2328 program. 2329 (c)The department shall coordinate with state agencies and 2330 other entities to ensure to the greatest extent possible that 2331 timber landowners have access to the maximum financial 2332 assistance available following a specified declared emergency. 2333 The coordination must endeavor to ensure that there is no 2334 duplication of financial assistance between these funds and 2335 other funding sources, such as any federal or other state 2336 programs, including public assistance requests to the Federal 2337 Emergency Management Agency or financial assistance from the 2338 United States Department of Agriculture, which would render the 2339 approved applicant ineligible for other financial assistance. 2340 (d)The department is authorized to adopt rules to 2341 implement this section, including emergency rules. 2342 Notwithstanding any other provision of law, emergency rules 2343 adopted pursuant to this subsection are effective for 6 months 2344 after adoption and may be renewed during the pendency of 2345 procedures to adopt permanent rules addressing the subject of 2346 the emergency rules. 2347 Section 65.Section 570.831, Florida Statutes, is created 2348 to read: 2349 570.831Florida beef marketing program.The Cattle 2350 Enhancement Board, Inc., in coordination with the department, 2351 shall, subject to appropriation, establish a Florida beef 2352 marketing program to conduct research designed to expand the 2353 uses of beef and beef products and strengthen the market 2354 position of Floridas cattle industry through marketing 2355 campaigns and promotions within this state and the nation. 2356 Section 66.Subsections (2) and (5) of section 581.1843, 2357 Florida Statutes, are amended to read: 2358 581.1843Citrus nursery stock propagation and production 2359 and the establishment of regulated areas around citrus 2360 nurseries. 2361 (2)Effective January 1, 2007, it is unlawful for any 2362 person to propagate for sale or movement any citrus nursery 2363 stock that was not propagated or grown on a site and within a 2364 protective structure approved by the department and that is not 2365 at least 1 mile away from commercial citrus groves. A citrus 2366 nursery registered with the department prior to April 1, 2006, 2367 shall not be required to comply with the 1-mile setback from 2368 commercial citrus groves while continuously operating at the 2369 same location for which it was registered. However, the nursery 2370 shall be required to propagate citrus within a protective 2371 structure approved by the department. Effective January 1, 2008, 2372 it is shall be unlawful to distribute any citrus nursery stock 2373 that was not produced in a protective structure approved by the 2374 department. 2375 (5)The department shall establish regulated areas around 2376 the perimeter of commercial citrus nurseries that were 2377 established on sites after April 1, 2006, not to exceed a radius 2378 of 1 mile. The planting of citrus in an established regulated 2379 area is prohibited. The planting of citrus within a 1-mile 2380 radius of commercial citrus nurseries that were established on 2381 sites prior to April 1, 2006, must be approved by the 2382 department. Citrus plants planted within a regulated area prior 2383 to the establishment of the regulated area may remain in the 2384 regulated area unless the department determines the citrus 2385 plants to be infected or infested with citrus canker or citrus 2386 greening. The department shall require the removal of infected 2387 or infested citrus, nonapproved planted citrus, and citrus that 2388 has sprouted by natural means in regulated areas. The property 2389 owner shall be responsible for the removal of citrus planted 2390 without proper approval. Notice of the removal of citrus trees, 2391 by immediate final order of the department, shall be provided to 2392 the owner of the property on which the trees are located. An 2393 immediate final order issued by the department under this 2394 section shall notify the property owner that the citrus trees, 2395 which are the subject of the immediate final order, must be 2396 removed and destroyed unless the property owner, no later than 2397 10 days after delivery of the immediate final order, requests 2398 and obtains a stay of the immediate final order from the 2399 district court of appeal with jurisdiction to review such 2400 requests. The property owner shall not be required to seek a 2401 stay from the department of the immediate final order prior to 2402 seeking a stay from the district court of appeal. 2403 Section 67.Sections 593.101, 593.102, 593.103, 593.104, 2404 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111, 2405 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116, 2406 and 593.117, Florida Statutes, are repealed. 2407 Section 68.Subsection (11) of section 595.404, Florida 2408 Statutes, is amended to read: 2409 595.404School food and other nutrition programs; powers 2410 and duties of the department.The department has the following 2411 powers and duties: 2412 (11)To adopt and implement an appeal process by rule, as 2413 required by federal regulations, for applicants and participants 2414 under the programs implemented pursuant to this chapter, 2415 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss. 2416 120.569 and 120.57-120.595. 2417 Section 69.Section 599.002, Florida Statutes, is amended 2418 to read: 2419 599.002Florida Wine Viticulture Advisory Council. 2420 (1)There is created within the Department of Agriculture 2421 and Consumer Services the Florida Wine Viticulture Advisory 2422 Council, to be composed consist of eight members as follows: the 2423 president of the Florida Wine and Grape Growers Association 2424 Florida Grape Growers Association or a designee thereof; a 2425 representative from the Institute of Food and Agricultural 2426 Sciences; a representative from the viticultural science program 2427 at Florida Agricultural and Mechanical University; and five 2428 additional commercial members, to be appointed for a 2-year term 2429 each by the Commissioner of Agriculture, including a wine 2430 producer, a fresh fruit producer, a nonwine product (juice, 2431 jelly, pie fillings, etc.) producer, and a viticultural nursery 2432 operator. 2433 (2)The meetings, powers and duties, procedures, and 2434 recordkeeping of the Florida Wine Viticulture Advisory Council 2435 shall be pursuant to s. 570.232. 2436 (3)The primary responsibilities of the Florida Wine 2437 Viticulture Advisory Council are to submit to the Commissioner 2438 of Agriculture, annually, the industrys recommendations for 2439 wine and viticultural research, promotion, and education and, as 2440 necessary, the industrys recommendations for revisions to the 2441 State Wine Viticulture Plan. 2442 Section 70.Section 599.003, Florida Statutes, is amended 2443 to read: 2444 599.003State Wine Viticulture Plan. 2445 (1)The Commissioner of Agriculture, in consultation with 2446 the Florida Wine Viticulture Advisory Council, shall develop and 2447 coordinate the implementation of the State Wine Viticulture 2448 Plan, which shall identify problems and constraints of the wine 2449 and viticulture industry, propose possible solutions to those 2450 problems, and develop planning mechanisms for the orderly growth 2451 of the industry, including: 2452 (a)Criteria for wine and viticultural research, service, 2453 and management priorities. 2454 (b)Additional proposed legislation that may be required. 2455 (c)Plans and goals to improve research and service 2456 capabilities at Florida Agricultural and Mechanical University 2457 and the University of Florida in their efforts to address 2458 current and future needs of the industry. 2459 (d)The potential for viticulture products in terms of 2460 market and needs for development. 2461 (e)Evaluation of wine policy alternatives, including, but 2462 not limited to, continued improvement in wine quality, blending 2463 considerations, promotion and advertising, labeling and vineyard 2464 designations, and development of production and marketing 2465 strategies. 2466 (f)Evaluation of production and fresh fruit policy 2467 alternatives, including, but not limited to, setting minimum 2468 grades and standards, promotion and advertising, development of 2469 production and marketing strategies, and setting minimum 2470 standards on types and quality of nursery plants. 2471 (g)Evaluation of policy alternatives for nonwine processed 2472 products, including, but not limited to, setting minimum quality 2473 standards and development of production and marketing 2474 strategies. 2475 (h)Research and service priorities for further development 2476 of the wine and viticulture industry. 2477 (i)The identification of state agencies and public and 2478 private institutions concerned with research, education, 2479 extension, services, planning, promotion, and marketing 2480 functions related to wine and viticultural development and the 2481 delineation of contributions and responsibilities. 2482 (j)Business planning, investment potential, financial 2483 risks, and economics of production and utilization. 2484 (2)A revision and update of the State Wine Viticulture 2485 Plan must shall be submitted biennially to the President of the 2486 Senate, the Speaker of the House of Representatives, and the 2487 chairs of appropriate committees of the Senate and House of 2488 Representatives, and a progress report and budget request must 2489 shall be submitted annually. 2490 Section 71.Paragraph (a) of subsection (2) and subsection 2491 (3) of section 599.004, Florida Statutes, are amended, and 2492 paragraph (d) is added to subsection (2) of that section, to 2493 read: 2494 599.004Florida Farm Winery Program; registration; logo; 2495 fees. 2496 (2)(a)The department, in coordination with the Florida 2497 Wine Viticulture Advisory Council, shall develop and designate 2498 by rule a Florida Farm Winery logo, emblem, and directional sign 2499 to guide the public to certified Florida Farm Wineries Winery 2500 tourist attractions. The logo and emblem of certified Florida 2501 Farm Winery signs must shall be uniform. 2502 (d)Wineries that fail to recertify annually or pay the 2503 licensing fee required in paragraph (c) are subject to having 2504 the signs referenced in paragraph (b) removed and will be 2505 responsible for all costs incurred by the Department of 2506 Transportation in connection with the removal. 2507 (3)All fees collected, except as otherwise provided by 2508 this section, shall be deposited into the Florida Wine 2509 Viticulture Trust Fund and used to develop consumer information 2510 on the native characteristics and proper use of wines. 2511 Section 72.Section 599.012, Florida Statutes, is amended 2512 to read: 2513 599.012Wine Viticulture Trust Fund; creation. 2514 (1)There is established the Viticulture Trust Fund within 2515 the Department of Agriculture and Consumer Services. The 2516 department shall use the moneys deposited in the trust fund 2517 pursuant to subsection (2) to do all the following: 2518 (a)Develop and coordinate the implementation of the State 2519 Viticulture Plan. 2520 (b)Promote viticulture products manufactured from products 2521 grown in the state. 2522 (c)Provide grants for viticultural research. 2523 (2)Fifty percent of the revenues collected from the excise 2524 taxes imposed under s. 564.06 on wine produced by manufacturers 2525 in this state from products grown in the state will be deposited 2526 in the Viticulture Trust Fund in accordance with that section. 2527 Section 73.Subsection (1) of section 616.12, Florida 2528 Statutes, is amended to read: 2529 616.12Licenses upon certain shows; distribution of fees; 2530 exemptions. 2531 (1)Each person who operates any traveling show, 2532 exhibition, amusement enterprise, carnival, vaudeville, exhibit, 2533 minstrel, rodeo, theatrical, game or test of skill, riding 2534 device, dramatic repertoire, other show or amusement, or 2535 concession, including a concession operating in a tent, 2536 enclosure, or other temporary structure, within the grounds of, 2537 and in connection with, any annual public fair held by a fair 2538 association shall pay the license taxes provided by law. 2539 However, if the association satisfies the requirements of this 2540 chapter, including securing the required fair permit from the 2541 department, the license taxes and local business tax authorized 2542 in chapter 205 are waived and the department shall issue a tax 2543 exemption certificate. The department shall adopt the proper 2544 forms and rules to administer this section, including the 2545 necessary tax exemption certificate, showing that the fair 2546 association has met all requirements and that the traveling 2547 show, exhibition, amusement enterprise, carnival, vaudeville, 2548 exhibit, minstrel, rodeo, theatrical, game or test of skill, 2549 riding device, dramatic repertoire, other show or amusement, or 2550 concession is exempt. 2551 Section 74.Section 687.16, Florida Statutes, is created to 2552 read: 2553 687.16Florida Farmer Financial Protection Act. 2554 (1)SHORT TITLE.This section may be cited as the Florida 2555 Farmer Financial Protection Act. 2556 (2)DEFINITIONS.As used in this section, the term: 2557 (a)Agriculture producer means a person or company 2558 authorized to do business in this state and engaged in the 2559 production of goods derived from plants or animals, including, 2560 but not limited to, the growing of crops, silviculture, animal 2561 husbandry, or the production of livestock or dairy products. 2562 (b)Agritourism activity has the same meaning as provided 2563 in s. 570.86. 2564 (c)Commissioner means the Commissioner of Agriculture. 2565 (d)Company means a for-profit organization, association, 2566 corporation, partnership, joint venture, sole proprietorship, 2567 limited partnership, limited liability partnership, or limited 2568 liability company, including a wholly owned subsidiary, 2569 majority-owned subsidiary, parent company, or affiliate of those 2570 entities or business associations authorized to do business in 2571 this state. 2572 (e)Denies or restricts means refusing to provide 2573 services, terminating existing services, or restricting or 2574 burdening the scope or nature of services offered or provided. 2575 (f)Discriminate in the provision of financial services 2576 means to deny or restrict services and thereby decline to 2577 provide financial services. 2578 (g)ESG factor means any factor or consideration that is 2579 collateral to or not reasonably likely to affect or impact 2580 financial risk and includes the promotion, furtherance, or 2581 achievement of environmental, social, or political goals, 2582 objectives, or outcomes, which may include the agriculture 2583 producers greenhouse gas emissions, use of fossil-fuel derived 2584 fertilizer, or use of fossil-fuel powered machinery. 2585 (h)Farm means the land, buildings, support facilities, 2586 machinery, and other appurtenances used in the production of 2587 farm or aquaculture products. 2588 (i)Financial institution means a company authorized to 2589 do business in this state which has total assets of more than 2590 $100 million and offers financial services. A financial 2591 institution includes any affiliate or subsidiary company, even 2592 if that affiliate or subsidiary company is also a financial 2593 institution. 2594 (j)Financial service means any product or service that 2595 is of a financial nature and is offered by a financial 2596 institution. 2597 (3)FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS. 2598 (a)A financial institution may not discriminate in the 2599 provision of financial services to an agriculture producer 2600 based, in whole or in part, upon an ESG factor. 2601 (b)If a financial institution has made any ESG commitment 2602 related to agriculture, there is an inference that the 2603 institutions denial or restriction of a financial service to an 2604 agriculture producer violates paragraph (a). 2605 (c)A financial institution may overcome the inference in 2606 paragraph (b) by demonstrating that its denial or restriction of 2607 a financial service was based solely on documented risk 2608 analysis, and not on any ESG factor. 2609 (4)ENFORCEMENT; COMPENSATORY DAMAGES.The Attorney 2610 General, in consultation with the Office of Financial 2611 Regulation, is authorized to enforce subsection (3). Any 2612 violation of subsection (3) constitutes an unfair trade practice 2613 under part II of chapter 501 and the Attorney General is 2614 authorized to investigate and seek remedies as provided in 2615 general law. Actions for damages may be sought by an aggrieved 2616 party. 2617 Section 75.Paragraph (a) of subsection (3) of section 2618 741.0305, Florida Statutes, is amended to read: 2619 741.0305Marriage fee reduction for completion of 2620 premarital preparation course. 2621 (3)(a)All individuals electing to participate in a 2622 premarital preparation course shall choose from the following 2623 list of qualified instructors: 2624 1.A psychologist licensed under chapter 490. 2625 2.A clinical social worker licensed under chapter 491. 2626 3.A marriage and family therapist licensed under chapter 2627 491. 2628 4.A mental health counselor licensed under chapter 491. 2629 5.An official representative of a religious institution 2630 which is recognized under s. 496.404 s. 496.404(23), if the 2631 representative has relevant training. 2632 6.Any other provider designated by a judicial circuit, 2633 including, but not limited to, school counselors who are 2634 certified to offer such courses. Each judicial circuit may 2635 establish a roster of area course providers, including those who 2636 offer the course on a sliding fee scale or for free. 2637 Section 76.Paragraph (h) of subsection (2), subsection 2638 (3), paragraph (c) of subsection (6), and subsection (10) of 2639 section 790.06, Florida Statutes, are amended to read: 2640 790.06License to carry concealed weapon or concealed 2641 firearm. 2642 (2)The Department of Agriculture and Consumer Services 2643 shall issue a license if the applicant: 2644 (h)Demonstrates competence with a firearm by any one of 2645 the following: 2646 1.Completion of any hunter education or hunter safety 2647 course approved by the Fish and Wildlife Conservation Commission 2648 or a similar agency of another state; 2649 2.Completion of any National Rifle Association firearms 2650 safety or training course; 2651 3.Completion of any firearms safety or training course or 2652 class available to the general public offered by a law 2653 enforcement agency, junior college, college, or private or 2654 public institution or organization or firearms training school, 2655 using instructors certified by the National Rifle Association, 2656 Criminal Justice Standards and Training Commission, or the 2657 Department of Agriculture and Consumer Services; 2658 4.Completion of any law enforcement firearms safety or 2659 training course or class offered for security guards, 2660 investigators, special deputies, or any division or subdivision 2661 of a law enforcement agency or security enforcement; 2662 5.Presents evidence of equivalent experience with a 2663 firearm through participation in organized shooting competition 2664 or United States military service; 2665 6.Is licensed or has been licensed to carry a concealed 2666 weapon or concealed firearm in this state or a county or 2667 municipality of this state, unless such license has been revoked 2668 for cause; or 2669 7.Completion of any firearms training or safety course or 2670 class conducted by a state-certified or National Rifle 2671 Association certified firearms instructor; 2672 2673 A photocopy of a certificate of completion of any of the courses 2674 or classes; an affidavit from the instructor, school, club, 2675 organization, or group that conducted or taught such course or 2676 class attesting to the completion of the course or class by the 2677 applicant; or a copy of any document that shows completion of 2678 the course or class or evidences participation in firearms 2679 competition shall constitute evidence of qualification under 2680 this paragraph. A person who conducts a course pursuant to 2681 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 2682 an instructor, attests to the completion of such courses, must 2683 maintain records certifying that he or she observed the student 2684 safely handle and discharge the firearm in his or her physical 2685 presence and that the discharge of the firearm included live 2686 fire using a firearm and ammunition as defined in s. 790.001; 2687 (3)(a)The Department of Agriculture and Consumer Services 2688 shall deny a license if the applicant has been found guilty of, 2689 had adjudication of guilt withheld for, or had imposition of 2690 sentence suspended for one or more crimes of violence 2691 constituting a misdemeanor, unless 3 years have elapsed since 2692 probation or any other conditions set by the court have been 2693 fulfilled or the record has been sealed or expunged. The 2694 Department of Agriculture and Consumer Services shall revoke a 2695 license if the licensee has been found guilty of, had 2696 adjudication of guilt withheld for, or had imposition of 2697 sentence suspended for one or more crimes of violence within the 2698 preceding 3 years. The department shall, upon notification by a 2699 law enforcement agency, a court, clerks office, or the Florida 2700 Department of Law Enforcement and subsequent written 2701 verification, temporarily suspend a license or the processing of 2702 an application for a license if the licensee or applicant is 2703 arrested or formally charged with a crime that would disqualify 2704 such person from having a license under this section, until 2705 final disposition of the case. The department shall suspend a 2706 license or the processing of an application for a license if the 2707 licensee or applicant is issued an injunction that restrains the 2708 licensee or applicant from committing acts of domestic violence 2709 or acts of repeat violence. The department shall notify the 2710 licensee or applicant suspended under this section of his or her 2711 right to a hearing pursuant to chapter 120. A hearing conducted 2712 regarding the temporary suspension must be for the limited 2713 purpose of determining whether the licensee has been arrested or 2714 charged with a disqualifying crime or issued an injunction or 2715 court order. If the criminal case or injunction results in a 2716 nondisqualifying disposition, the department must issue an order 2717 lifting the suspension upon the applicant or licensees 2718 submission to the department of a certified copy of the final 2719 resolution. If the criminal case results in a disqualifying 2720 disposition, the suspension remains in effect and the department 2721 must proceed with denial or revocation proceedings pursuant to 2722 chapter 120. 2723 (b)This subsection may not be construed to limit, 2724 restrict, or inhibit the constitutional right to bear arms and 2725 carry a concealed weapon in this state. The Legislature finds it 2726 a matter of public policy and public safety that it is necessary 2727 to ensure that potentially disqualifying information about an 2728 applicant or licensee is investigated and processed in a timely 2729 manner by the department pursuant to this section. The 2730 Legislature intends to clarify that suspensions pursuant to this 2731 section are temporary, and the department has the duty to make 2732 an eligibility determination and issue a license in the time 2733 frame prescribed in this subsection. 2734 (6) 2735 (c)The Department of Agriculture and Consumer Services 2736 shall, within 90 days after the date of receipt of the items 2737 listed in subsection (5): 2738 1.Issue the license; or 2739 2.Deny the application based solely on the ground that the 2740 applicant fails to qualify under the criteria listed in 2741 subsection (2) or subsection (3). If the Department of 2742 Agriculture and Consumer Services denies the application, it 2743 shall notify the applicant in writing, stating the ground for 2744 denial and informing the applicant of any right to a hearing 2745 pursuant to chapter 120. 2746 3.In the event the result of the criminal history 2747 screening identifies department receives criminal history 2748 information related to a crime that may disqualify the applicant 2749 but does not contain with no final disposition of the crime or 2750 lacks sufficient information to make an eligibility 2751 determination on a crime which may disqualify the applicant, the 2752 time limitation prescribed by this paragraph may be extended for 2753 up to an additional 90 days from the receipt of the information 2754 suspended until receipt of the final disposition or proof of 2755 restoration of civil and firearm rights. The department may make 2756 a request for information to the jurisdiction where the criminal 2757 history information originated but must issue a license if it 2758 does not obtain a disposition or sufficient information to make 2759 an eligibility determination during the additional 90 days if 2760 the applicant is otherwise eligible. The department may take any 2761 action authorized in this section if it receives disqualifying 2762 criminal history information during the additional 90-day review 2763 or after issuance of a license. 2764 (10)A license issued under this section must shall be 2765 temporarily suspended as provided for in subparagraph (6)(c)3., 2766 or revoked pursuant to chapter 120 if the license was issued in 2767 error or if the licensee: 2768 (a)Is found to be ineligible under the criteria set forth 2769 in subsection (2); 2770 (b)Develops or sustains a physical infirmity which 2771 prevents the safe handling of a weapon or firearm; 2772 (c)Is convicted of a felony which would make the licensee 2773 ineligible to possess a firearm pursuant to s. 790.23; 2774 (d)Is found guilty of a crime under chapter 893, or 2775 similar laws of any other state, relating to controlled 2776 substances; 2777 (e)Is committed as a substance abuser under chapter 397, 2778 or is deemed a habitual offender under s. 856.011(3), or similar 2779 laws of any other state; 2780 (f)Is convicted of a second violation of s. 316.193, or a 2781 similar law of another state, within 3 years after a first 2782 conviction of such section or similar law of another state, even 2783 though the first violation may have occurred before the date on 2784 which the application was submitted; 2785 (g)Is adjudicated an incapacitated person under s. 2786 744.331, or similar laws of any other state; or 2787 (h)Is committed to a mental institution under chapter 394, 2788 or similar laws of any other state. 2789 2790 Notwithstanding s. 120.60(5), service of a notice of the 2791 suspension or revocation of a concealed weapon or concealed 2792 firearm license must be given by either certified mail, return 2793 receipt requested, to the licensee at his or her last known 2794 mailing address furnished to the Department of Agriculture and 2795 Consumer Services, or by personal service. If a notice given by 2796 certified mail is returned as undeliverable, a second attempt 2797 must be made to provide notice to the licensee at that address, 2798 by either first-class mail in an envelope, postage prepaid, 2799 addressed to the licensee at his or her last known mailing 2800 address furnished to the department, or, if the licensee has 2801 provided an e-mail address to the department, by e-mail. Such 2802 mailing by the department constitutes notice, and any failure by 2803 the licensee to receive such notice does not stay the effective 2804 date or term of the suspension or revocation. A request for 2805 hearing must be filed with the department within 21 days after 2806 notice is received by personal delivery, or within 26 days after 2807 the date the department deposits the notice in the United States 2808 mail (21 days plus 5 days for mailing). The department shall 2809 document its attempts to provide notice, and such documentation 2810 is admissible in the courts of this state and constitutes 2811 sufficient proof that notice was given. 2812 Section 77.Subsection (2) of section 812.0151, Florida 2813 Statutes, is amended to read: 2814 812.0151Retail fuel theft. 2815 (2)(a)A person commits a felony of the third degree, 2816 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2817 if he or she willfully, knowingly, and without authorization: 2818 1.Breaches a retail fuel dispenser or accesses any 2819 internal portion of a retail fuel dispenser; or 2820 2.Possesses any device constructed for the purpose of 2821 fraudulently altering, manipulating, or interrupting the normal 2822 functioning of a retail fuel dispenser; or 2823 3.Possesses any form of a payment instrument that can be 2824 used, alone or in conjunction with another access device, to 2825 authorize a fuel transaction or obtain fuel, including, but not 2826 limited to, a plastic payment card with a magnetic stripe or a 2827 chip encoded with account information or both, with the intent 2828 to defraud the fuel retailer, the authorized payment instrument 2829 financial account holder, or the banking institution that issued 2830 the payment instrument financial account. 2831 (b)A person commits a felony of the second degree, 2832 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2833 if he or she willfully, knowingly, and without authorization: 2834 1.Physically tampers with, manipulates, removes, replaces, 2835 or interrupts any mechanical or electronic component located on 2836 within the internal or external portion of a retail fuel 2837 dispenser; or 2838 2.Uses any form of electronic communication to 2839 fraudulently alter, manipulate, or interrupt the normal 2840 functioning of a retail fuel dispenser. 2841 (c)A person commits a felony of the third degree, 2842 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2843 if he or she: 2844 1.Obtains fuel as a result of violating paragraph (a) or 2845 paragraph (b); or 2846 2.Modifies a vehicles factory installed fuel tank or 2847 possesses any item used to hold fuel which was not fitted to a 2848 vehicle or conveyance at the time of manufacture with the intent 2849 to use such fuel tank or item to hold or transport fuel obtained 2850 as a result of violating paragraph (a) or paragraph (b); or 2851 3.Uses any form of a payment instrument that can be used, 2852 alone or in conjunction with another access device, to authorize 2853 a fuel transaction or obtain fuel, including, but not limited 2854 to, a plastic payment card with a magnetic stripe or a chip 2855 encoded with account information or both, with the intent to 2856 defraud the fuel retailer, the authorized payment instrument 2857 financial account holder, or the banking institution that issued 2858 the payment instrument financial account. 2859 Section 78.Section 812.136, Florida Statutes, is created 2860 to read: 2861 812.136Mail theft. 2862 (1)As used in this section, unless the context otherwise 2863 requires: 2864 (a)Mail means any letter, postal card, parcel, envelope, 2865 package, bag, or any other sealed article addressed to another, 2866 along with its contents. 2867 (b)Mail depository means a mail box, letter box, mail 2868 route, or mail receptacle of a postal service, an office of a 2869 postal service, or mail carrier of a postal service, or a 2870 vehicle of a postal service. 2871 (c)Postal service means the United States Postal Service 2872 or its contractors, or any commercial courier that delivers 2873 mail. 2874 (2)Any of the following acts constitutes mail theft: 2875 (a)Removing mail from a mail depository or taking mail 2876 from a mail carrier of a postal service with an intent to steal. 2877 (b)Obtaining custody of mail by fraud or deception with an 2878 intent to steal. 2879 (c)Selling, receiving, possessing, transferring, buying, 2880 or concealing mail obtained by acts described in paragraph (a) 2881 or paragraph (b) of this subsection, while knowing or having 2882 reason to know the mail was obtained illegally. 2883 (3)Any of the following constitutes theft of or 2884 unauthorized reproduction of a mail depository key or lock: 2885 (a)Stealing or obtaining by false pretense any key or lock 2886 adopted by a postal service for a mail depository or other 2887 authorized receptacle for the deposit or delivery of mail. 2888 (b)Knowingly and unlawfully making, forging, or 2889 counterfeiting any such key or possessing any such key or lock 2890 adopted by a postal service with the intent to unlawfully or 2891 improperly use, sell, or otherwise dispose of the key or lock, 2892 or to cause the key or lock to be unlawfully or improperly used, 2893 sold, or otherwise disposed. 2894 (4)The first violation of this section constitutes a 2895 misdemeanor of the first degree, punishable by a term of 2896 imprisonment not exceeding 1 year pursuant to s. 775.082(4)(a) 2897 or a fine not to exceed $1,000 pursuant to s. 775.083(1)(d), or 2898 both. A second or subsequent violation of this section 2899 constitutes a felony of the third degree, punishable by a term 2900 of imprisonment not exceeding 5 years pursuant to s. 2901 775.82(3)(e) or a fine not to exceed $5,000 pursuant to s. 2902 775.083(1)(c), or both. 2903 Section 79.Paragraph (i) of subsection (4) of section 2904 934.50, Florida Statutes, is amended to read: 2905 934.50Searches and seizure using a drone. 2906 (4) EXCEPTIONS.This section does not prohibit the use of a 2907 drone: 2908 (i) By a person or an entity engaged in a business or 2909 profession licensed by the state, or by an agent, employee, or 2910 contractor thereof, if the drone is used only to perform 2911 reasonable tasks within the scope of practice or activities 2912 permitted under such persons or entitys license. However, this 2913 exception does not apply to a profession in which the licensees 2914 authorized scope of practice includes obtaining information 2915 about the identity, habits, conduct, movements, whereabouts, 2916 affiliations, associations, transactions, reputation, or 2917 character of any society, person, or group of persons. 2918 Section 80.Section 1013.373, Florida Statutes, is created 2919 to read: 2920 1013.373Educational facilities used for agricultural 2921 education. 2922 (1)Notwithstanding any other provision of law, a local 2923 government may not adopt any ordinance, regulation, rule, or 2924 policy to prohibit, restrict, regulate, or otherwise limit any 2925 activities of public educational facilities and auxiliary 2926 facilities constructed by a board for agricultural education, 2927 for Future Farmers of America or 4-H activities, or the storage 2928 of any animal or equipment therein. 2929 (2)Lands used for agricultural education or for Future 2930 Farmers of America or 4-H activities are considered agricultural 2931 lands pursuant to s. 193.461 and subject to s. 823.14. 2932 Section 81.For the purpose of incorporating the amendment 2933 made by this act to section 110.205, Florida Statutes, in a 2934 reference thereto, paragraph (a) of subsection (5) of section 2935 295.07, Florida Statutes, is reenacted to read: 2936 295.07Preference in appointment and retention. 2937 (5)The following positions are exempt from this section: 2938 (a)Those positions that are exempt from the state Career 2939 Service System under s. 110.205(2); however, all positions under 2940 the University Support Personnel System of the State University 2941 System as well as all Career Service System positions under the 2942 Florida College System and the School for the Deaf and the 2943 Blind, or the equivalent of such positions at state 2944 universities, Florida College System institutions, or the School 2945 for the Deaf and the Blind, are not exempt. 2946 Section 82.For the purpose of incorporating the amendment 2947 made by this act to section 388.271, Florida Statutes, in a 2948 reference thereto, paragraph (a) of subsection (1) of section 2949 189.062, Florida Statutes, is reenacted to read: 2950 189.062Special procedures for inactive districts. 2951 (1)The department shall declare inactive any special 2952 district in this state by documenting that: 2953 (a)The special district meets one of the following 2954 criteria: 2955 1.The registered agent of the district, the chair of the 2956 governing body of the district, or the governing body of the 2957 appropriate local general-purpose government notifies the 2958 department in writing that the district has taken no action for 2959 2 or more years; 2960 2.The registered agent of the district, the chair of the 2961 governing body of the district, or the governing body of the 2962 appropriate local general-purpose government notifies the 2963 department in writing that the district has not had a governing 2964 body or a sufficient number of governing body members to 2965 constitute a quorum for 2 or more years; 2966 3.The registered agent of the district, the chair of the 2967 governing body of the district, or the governing body of the 2968 appropriate local general-purpose government fails to respond to 2969 an inquiry by the department within 21 days; 2970 4.The department determines, pursuant to s. 189.067, that 2971 the district has failed to file any of the reports listed in s. 2972 189.066; 2973 5.The district has not had a registered office and agent 2974 on file with the department for 1 or more years; 2975 6.The governing body of a special district provides 2976 documentation to the department that it has unanimously adopted 2977 a resolution declaring the special district inactive. The 2978 special district is responsible for payment of any expenses 2979 associated with its dissolution; 2980 7.The district is an independent special district or a 2981 community redevelopment district created under part III of 2982 chapter 163 that has reported no revenue, no expenditures, and 2983 no debt under s. 189.016(9) or s. 218.32 for at least 5 2984 consecutive fiscal years beginning no earlier than October 1, 2985 2018. This subparagraph does not apply to a community 2986 development district established under chapter 190 or to any 2987 independent special district operating pursuant to a special act 2988 that provides that any amendment to chapter 190 to grant 2989 additional powers constitutes a power of that district; or 2990 8.For a mosquito control district created pursuant to 2991 chapter 388, the department has received notice from the 2992 Department of Agriculture and Consumer Services that the 2993 district has failed to file a tentative work plan and tentative 2994 detailed work plan budget as required by s. 388.271. 2995 Section 83.For the purpose of incorporating the amendment 2996 made by this act to section 388.271, Florida Statutes, in a 2997 reference thereto, subsection (7) of section 388.261, Florida 2998 Statutes, is reenacted to read: 2999 388.261State aid to counties and districts for arthropod 3000 control; distribution priorities and limitations. 3001 (7)The department may use state funds appropriated for a 3002 county or district under subsection (1) or subsection (2) to 3003 provide state mosquito or other arthropod control equipment, 3004 supplies, or services when requested by a county or district 3005 eligible to receive state funds under s. 388.271. 3006 Section 84.For the purpose of incorporating the amendment 3007 made by this act to section 482.161, Florida Statutes, in a 3008 reference thereto, paragraph (b) of subsection (3) of section 3009 482.072, Florida Statutes, is reenacted to read: 3010 482.072Pest control customer contact centers. 3011 (3) 3012 (b)Notwithstanding any other provision of this section: 3013 1.A customer contact center licensee is subject to 3014 disciplinary action under s. 482.161 for a violation of this 3015 section or a rule adopted under this section committed by a 3016 person who solicits pest control services or provides customer 3017 service in a customer contact center. 3018 2.A pest control business licensee may be subject to 3019 disciplinary action under s. 482.161 for a violation of this 3020 section or a rule adopted under this section committed by a 3021 person who solicits pest control services or provides customer 3022 service in a customer contact center operated by a licensee if 3023 the licensee participates in the violation. 3024 Section 85.For the purpose of incorporating the amendment 3025 made by this act to section 482.161, Florida Statutes, in a 3026 reference thereto, section 482.163, Florida Statutes, is 3027 reenacted to read: 3028 482.163Responsibility for pest control activities of 3029 employee.Proper performance of pest control activities by a 3030 pest control business employee is the responsibility not only of 3031 the employee but also of the certified operator in charge, and 3032 the certified operator in charge may be disciplined pursuant to 3033 the provisions of s. 482.161 for the pest control activities of 3034 an employee. A licensee may not automatically be considered 3035 responsible for violations made by an employee. However, the 3036 licensee may not knowingly encourage, aid, or abet violations of 3037 this chapter. 3038 Section 86.For the purpose of incorporating the amendment 3039 made by this act to section 487.044, Florida Statutes, in a 3040 reference thereto, section 487.156, Florida Statutes, is 3041 reenacted to read: 3042 487.156Governmental agencies.All governmental agencies 3043 shall be subject to the provisions of this part and rules 3044 adopted under this part. Public applicators using or supervising 3045 the use of restricted-use pesticides shall be subject to 3046 examination as provided in s. 487.044. 3047 Section 87.For the purpose of incorporating the amendment 3048 made by this act to section 496.405, Florida Statutes, in a 3049 reference thereto, subsection (2) of section 496.4055, Florida 3050 Statutes, is reenacted to read: 3051 496.4055Charitable organization or sponsor board duties. 3052 (2)The board of directors, or an authorized committee 3053 thereof, of a charitable organization or sponsor required to 3054 register with the department under s. 496.405 shall adopt a 3055 policy regarding conflict of interest transactions. The policy 3056 shall require annual certification of compliance with the policy 3057 by all directors, officers, and trustees of the charitable 3058 organization. A copy of the annual certification shall be 3059 submitted to the department with the annual registration 3060 statement required by s. 496.405. 3061 Section 88.For the purpose of incorporating the amendment 3062 made by this act to section 496.405, Florida Statutes, in 3063 references thereto, subsections (2) and (4) of section 496.406, 3064 Florida Statutes, are reenacted to read: 3065 496.406Exemption from registration. 3066 (2)Before soliciting contributions, a charitable 3067 organization or sponsor claiming to be exempt from the 3068 registration requirements of s. 496.405 under paragraph (1)(d) 3069 must submit annually to the department, on forms prescribed by 3070 the department: 3071 (a)The name, street address, and telephone number of the 3072 charitable organization or sponsor, the name under which it 3073 intends to solicit contributions, the purpose for which it is 3074 organized, and the purpose or purposes for which the 3075 contributions to be solicited will be used. 3076 (b)The tax exempt status of the organization. 3077 (c)The date on which the organizations fiscal year ends. 3078 (d)The names, street addresses, and telephone numbers of 3079 the individuals or officers who have final responsibility for 3080 the custody of the contributions and who will be responsible for 3081 the final distribution of the contributions. 3082 (e)A financial statement of support, revenue, and expenses 3083 and a statement of functional expenses that must include, but 3084 not be limited to, expenses in the following categories: 3085 program, management and general, and fundraising. In lieu of the 3086 financial statement, a charitable organization or sponsor may 3087 submit a copy of its Internal Revenue Service Form 990 and all 3088 attached schedules or Internal Revenue Service Form 990-EZ and 3089 Schedule O. 3090 (4)Exemption from the registration requirements of s. 3091 496.405 does not limit the applicability of other provisions of 3092 this section to a charitable organization or sponsor. 3093 Section 89.For the purpose of incorporating the amendment 3094 made by this act to section 500.12, Florida Statutes, in a 3095 reference thereto, paragraph (a) of subsection (1) of section 3096 500.80, Florida Statutes, is reenacted to read: 3097 500.80Cottage food operations. 3098 (1)(a)A cottage food operation must comply with the 3099 applicable requirements of this chapter but is exempt from the 3100 permitting requirements of s. 500.12 if the cottage food 3101 operation complies with this section and has annual gross sales 3102 of cottage food products that do not exceed $250,000. 3103 Section 90.For the purpose of incorporating the amendment 3104 made by this act to section 500.172, Florida Statutes, in a 3105 reference thereto, subsection (6) of section 500.121, Florida 3106 Statutes, is reenacted to read: 3107 500.121Disciplinary procedures. 3108 (6)If the department determines that a food offered in a 3109 food establishment is labeled with nutrient claims that are in 3110 violation of this chapter, the department shall retest or 3111 reexamine the product within 90 days after notification to the 3112 manufacturer and to the firm at which the product was collected. 3113 If the product is again found in violation, the department shall 3114 test or examine the product for a third time within 60 days 3115 after the second notification. The product manufacturer shall 3116 reimburse the department for the cost of the third test or 3117 examination. If the product is found in violation for a third 3118 time, the department shall exercise its authority under s. 3119 500.172 and issue a stop-sale or stop-use order. The department 3120 may impose additional sanctions for violations of this 3121 subsection. 3122 Section 91.For the purpose of incorporating the amendment 3123 made by this act to section 790.06, Florida Statutes, in a 3124 reference thereto, section 790.061, Florida Statutes, is 3125 reenacted to read: 3126 790.061Judges and justices; exceptions from licensure 3127 provisions.A county court judge, circuit court judge, district 3128 court of appeal judge, justice of the supreme court, federal 3129 district court judge, or federal court of appeals judge serving 3130 in this state is not required to comply with the provisions of 3131 s. 790.06 in order to receive a license to carry a concealed 3132 weapon or firearm, except that any such justice or judge must 3133 comply with the provisions of s. 790.06(2)(h). The Department of 3134 Agriculture and Consumer Services shall issue a license to carry 3135 a concealed weapon or firearm to any such justice or judge upon 3136 demonstration of competence of the justice or judge pursuant to 3137 s. 790.06(2)(h). 3138 Section 92.This act shall take effect July 1, 2025.