Florida Senate - 2025 CS for CS for CS for SB 700 By the Committee on Fiscal Policy; the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Agriculture; and Senator Truenow 594-03391-25 2025700c3 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 by a certain date be offered for fee 54 simple acquisition by the department before the land 55 may be offered for sale or transfer to a private 56 individual or entity; requiring an electric utility to 57 issue a written intent to sell through certified mail 58 to the Commissioner of Agriculture within a specified 59 timeframe before offering to sell or transferring 60 certain lands; authorizing the commissioner to issue a 61 written intent to purchase via certified mail within a 62 specified timeframe after receipt of such written 63 intent to sell; requiring the electric utility to be 64 released from certain provisions under certain 65 circumstances; requiring that certain offers accepted 66 and received by the department within a specified 67 timeframe be executed no later than a certain date; 68 requiring the department to adopt rules; amending s. 69 366.94, F.S.; defining the term electric vehicle 70 charging station; authorizing the department to adopt 71 rules; requiring local governmental entities to issue 72 permits for electric vehicle charging stations based 73 on specified standards and provisions of law; 74 requiring that an electric vehicle charger be 75 registered with the department before being placed 76 into service for use by the public; providing the 77 department with certain authority relating to electric 78 vehicle charging stations; providing a penalty; 79 authorizing the department to issue an immediate final 80 order to an electric vehicle charging station under 81 certain circumstances; providing that the department 82 may bring an action to enjoin a violation of specified 83 provisions or rules; requiring the court to issue a 84 temporary or permanent injunction under certain 85 circumstances; amending s. 388.011, F.S.; revising the 86 definition of the terms board of commissioners and 87 district; defining the term program; amending s. 88 388.021, F.S.; making a technical change; amending s. 89 388.181, F.S.; authorizing programs to perform 90 specified actions; amending s. 388.201, F.S.; 91 conforming provisions to changes made by the act; 92 requiring that the tentative work plan budget covering 93 the proposed operations and requirements for arthropod 94 control measures show the estimated amount to be 95 raised by county, municipality, or district taxes; 96 requiring that county commissioners or a similar 97 governing bodys mosquito control budget be made and 98 adopted pursuant to specified provisions and requiring 99 that summary figures be incorporated into the county 100 budgets as prescribed by the department; amending s. 101 388.241, F.S.; providing that certain rights, powers, 102 and duties be vested in the board of county 103 commissioners or similar governing body of a county, 104 or municipality; amending s. 388.261, F.S.; increasing 105 the maximum annual amount that a county, municipality, 106 or district may receive, without contributing matching 107 funds, in state funds, supplies, services, or 108 equipment for a certain number of years for any new 109 program for the control of mosquitos and other 110 arthropods which serves an area not previously served 111 by a county, municipality, or district; conforming a 112 provision to changes made by the act; amending s. 113 388.271, F.S.; requiring each program participating in 114 arthropod control activities to file a tentative 115 integrated arthropod management plan with the 116 department by a specified date; conforming provisions 117 to changes made by the act; amending s. 388.281, F.S.; 118 requiring that all funds, supplies, and services 119 released to programs be used in accordance with the 120 integrated arthropod management plan and certified 121 budget; requiring that such integrated arthropod 122 management plan and certified budget be approved by 123 both the department and the board of county 124 commissioners or an appropriate representative; 125 conforming provisions to changes made by the act; 126 amending s. 388.291, F.S.; providing that a program 127 may perform certain source reduction measures in any 128 area providing that the department has approved the 129 operating or construction plan as outlined in the 130 integrated arthropod management plan; conforming 131 provisions to changes made by the act; amending s. 132 388.301, F.S.; revising the schedule by which state 133 funds for the control of mosquitos and other 134 arthropods may be paid; conforming provisions to 135 changes made by the act; amending s. 388.311, F.S.; 136 conforming provisions to changes made by the act; 137 amending s. 388.321, F.S.; conforming provisions to 138 changes made by the act; amending s. 388.322, F.S.; 139 requiring the department to maintain a record and 140 inventory of certain property purchased with state 141 funds for arthropod control use; conforming provisions 142 to changes made by the act; amending s. 388.323, F.S.; 143 requiring that certain equipment no longer needed by a 144 program be first offered for sale to other programs 145 engaged in arthropod control at a specified price; 146 requiring that all proceeds from the sale of certain 147 property owned by a program and purchased using state 148 funds be deposited in the programs state fund 149 account; conforming provisions to changes made by the 150 act; amending s. 388.341, F.S.; requiring a program 151 receiving state aid to submit a monthly report of all 152 expenditures from all funds for arthropod control by a 153 specified timeframe as may be required by the 154 department; conforming provisions to changes made by 155 the act; amending s. 388.351, F.S.; conforming 156 provisions to changes made by the act; amending s. 157 388.361, F.S.; conforming provisions to changes made 158 by the act; amending s. 388.3711, F.S.; revising the 159 departments enforcement powers; amending s. 388.381, 160 F.S.; conforming provisions to changes made by the 161 act; amending s. 388.391, F.S.; conforming provisions 162 to changes made by the act; amending s. 388.401, F.S.; 163 conforming provisions to changes made by the act; 164 amending s. 388.46, F.S.; revising the composition of 165 the Florida Coordinating Council on Mosquito Control; 166 amending s. 403.067, F.S.; providing an exception for 167 inspection requirements for certain agricultural 168 producers; authorizing the department to adopt rules 169 establishing an enrollment in best management 170 practices by rule process; authorizing the department 171 to identify best management practices for specified 172 landowners; requiring the department to perform onsite 173 inspections annually of a certain percentage of all 174 enrollments that meet specified qualifications within 175 a specified area; providing requirements for such 176 inspections; requiring agricultural producers enrolled 177 by rule in a best management practice to submit 178 nutrient records annually to the department; requiring 179 the department to collect and retain such records; 180 amending s. 403.852, F.S.; defining the term water 181 quality additive; amending s. 403.859, F.S.; 182 prohibiting the use of certain additives in a water 183 system which do not meet specified requirements; 184 amending s. 482.111, F.S.; revising requirements for 185 the renewal of a pest control operators certificate; 186 authorizing a third-party vendor to collect and retain 187 a convenience fee; amending s. 482.141, F.S.; 188 requiring the department to provide in-person and 189 remote testing for the examination through a third 190 party vendor for an individual seeking pest control 191 operator certification; authorizing a third-party 192 vendor to collect and retain a convenience fee; 193 amending s. 482.155, F.S.; requiring the department to 194 provide in-person and remote testing for the 195 examination through a third-party vendor for an 196 individual seeking limited certification for a 197 governmental pesticide applicator or a private 198 applicator; authorizing a third-party vendor to 199 collect and retain a convenience fee; deleting 200 provisions requiring the department to make such 201 examination readily accessible and available to all 202 applicants on a specified schedule; amending s. 203 482.156, F.S.; requiring the department to provide in 204 person and remote testing for the examination through 205 a third-party vendor for an individual seeking a 206 limited certification for commercial landscape 207 maintenance; authorizing a third-party vendor to 208 collect and retain a convenience fee; deleting 209 provisions requiring the department to make such 210 examination readily accessible and available to all 211 applicants on a specified schedule; amending s. 212 482.157, F.S.; revising requirements for issuance of a 213 limited certification for commercial wildlife 214 management personnel; authorizing a third-party vendor 215 to collect and retain a convenience fee; deleting 216 provisions requiring the department to make an 217 examination readily accessible and available to all 218 applicants on a specified schedule; amending s. 219 482.161, F.S.; authorizing the department to take 220 specified disciplinary action upon the issuance of a 221 final order imposing civil penalties or a criminal 222 conviction pursuant to the Federal Insecticide, 223 Fungicide, and Rodenticide Act; amending s. 487.044, 224 F.S.; requiring the department to provide in-person 225 and remote testing through a third-party vendor for 226 the examination of an individual seeking a limited 227 certification for pesticide application; authorizing a 228 third-party vendor to collect and retain a convenience 229 fee; amending s. 487.175, F.S.; providing that the 230 department may suspend, revoke, or deny licensure of a 231 pesticide applicator upon issuance of a final order to 232 a licensee which imposes civil penalties or a criminal 233 conviction under the Federal Insecticide, Fungicide, 234 and Rodenticide Act; amending s. 496.404, F.S.; 235 defining the terms foreign country of concern and 236 foreign source of concern; amending s. 496.405, 237 F.S.; revising which documents a charitable 238 organization or sponsor must file before engaging in 239 specified activities; requiring that any changes to 240 such documents be reported to the department on a 241 specified form in a specified timeframe; revising the 242 requirements of the charitable organizations initial 243 registration statement; authorizing the department to 244 investigate or refer to the Florida Elections 245 Commission certain violations of the charitable 246 organization or sponsor; amending s. 496.415, F.S.; 247 prohibiting specified persons from soliciting or 248 accepting anything of value from a foreign source of 249 concern; providing penalties; amending s. 496.417, 250 F.S.; authorizing the department to investigate or 251 refer to the Florida Elections Commission certain 252 violations of a charitable organization or sponsor; 253 amending s. 496.419, F.S.; providing discretionary 254 penalties for a charitable organization or sponsor 255 whose registration is denied or revoked for submitting 256 a false attestation; creating s. 496.431, F.S.; 257 requiring the department to create the Honest Services 258 Registry to provide residents with information 259 relating to charitable organizations; requiring a 260 charitable organization included in the Honest 261 Services Registry to submit an attestation statement 262 to the department; requiring the department to publish 263 the Honest Services Registry on the departments 264 website; requiring the department to adopt rules; 265 amending s. 500.03, F.S.; revising the definition of 266 the term cottage food product; amending s. 500.12, 267 F.S.; providing that the department requires a food 268 permit from any person or business that operates a 269 food establishment; revising exceptions; revising the 270 schedule for renewing certain food permits; 271 authorizing the department to establish a single 272 permit renewal date for certain food establishments; 273 amending s. 500.166, F.S.; requiring certain persons 274 engaged in interstate commerce to retain all records 275 that show certain information for a specified 276 timeframe; amending s. 500.172, F.S.; authorizing the 277 department to facilitate the destruction of certain 278 articles that violate specified provisions; 279 prohibiting certain persons from certain actions 280 without permission from, or in accord with a written 281 agreement with, the department; creating s. 500.75, 282 F.S.; providing that it is unlawful to transport or 283 offer to transport, import into this state, sell or 284 offer for sale, furnish, or give away certain spores 285 or mycelium; providing a penalty; creating s. 500.93, 286 F.S.; defining terms; requiring the department to 287 adopt rules to enforce the Food and Drug 288 Administrations standard of identity for milk, meat, 289 poultry, and poultry products, and eggs and egg 290 products to prohibit the sale of plant-based products 291 mislabeled as milk, meat, poultry, or poultry 292 products, or egg or egg products; providing contingent 293 effective dates; requiring the department to adopt 294 rules; providing construction; repealing s. 501.135, 295 F.S., relating to consumer unit pricing; amending s. 296 501.912, F.S.; revising the definition of the term 297 antifreeze; creating s. 525.19, F.S.; requiring the 298 department to create an annual petroleum registration 299 program for petroleum owners or operators; requiring 300 the department to adopt rules for such registration 301 which include specified information; requiring that 302 the registration program be free for all registrants; 303 authorizing the department to require registrants to 304 provide certain information during a state of 305 emergency; creating s. 526.147, F.S.; creating the 306 Florida Retail Fuel Transfer Switch Modernization 307 Grant Program within the department; requiring the 308 grant program to provide funds up to a certain amount 309 to be used for installation and equipment costs 310 related to installing or modernizing transfer switch 311 infrastructure at retail fuel facilities; requiring 312 the department to award funds based on specified 313 criteria; requiring retail fuel facilities awarded 314 grant funds to comply with specified provisions; 315 requiring such facilities to install a transfer switch 316 with specified capabilities; requiring retail fuel 317 facilities to provide specified documentation before 318 being awarded funding; prohibiting certain facilities 319 from being awarded funding; requiring the department, 320 in consultation with the Division of Emergency 321 Management, to adopt rules; requiring that such rules 322 include specified information; amending s. 531.48, 323 F.S.; requiring that certain packages bear specified 324 information on the outside of the package; amending s. 325 531.49, F.S.; revising requirements for the 326 advertising of a packaged commodity; amending s. 327 564.06, F.S.; requiring that a certain percentage of 328 revenues collected from certain excise taxes be 329 deposited into the Florida Wine Trust Fund; amending 330 s. 570.07, F.S.; requiring the department to foster 331 and encourage the employment and retention of 332 qualified veterinary pathologists; providing that the 333 department may reimburse the educational expenses of 334 certain veterinary pathologists who enter into a 335 certain agreement with the department; requiring the 336 department to adopt certain rules; requiring the 337 department to extend certain opportunities to public 338 school students enrolled in agricultural education to 339 support Future Farmers of America programming; 340 requiring the department to use contracts procured by 341 agencies; defining the term agency; amending s. 342 570.544, F.S.; revising which provisions the director 343 of the Division of Consumer Services must enforce; 344 creating s. 570.546, F.S.; authorizing the department 345 to create a process for the bulk renewal of licenses; 346 authorizing the department to create a process that 347 will allow licensees to align the expiration dates of 348 licenses within a specified program; authorizing the 349 department to change the expiration date for current 350 licenses for a certain purpose; requiring the 351 department to prorate the licensing fee for certain 352 licenses; requiring the department to adopt rules; 353 creating s. 570.694, F.S.; creating the Florida 354 Aquaculture Foundation as a direct support 355 organization within the department; providing the 356 purpose of the foundation; providing governance for 357 the foundation; authorizing the department to appoint 358 an advisory committee adjunct to the foundation; 359 amending s. 570.822, F.S.; defining the term declared 360 emergency, rather than declared natural disaster, 361 and revising the definition of the term program; 362 providing that loan funds from the department may be 363 used to restock aquaculture; authorizing the 364 department to renew a loan application under certain 365 circumstances; authorizing the department to defer or 366 waive loan payments under certain circumstances; 367 conforming provisions to changes made by the act; 368 creating s. 570.823, F.S.; defining terms; 369 establishing the silviculture emergency recovery 370 program within the department to administer a grant 371 program to assist certain timber landowners; requiring 372 that such grants be used for certain purposes; 373 requiring that only timber lands located on 374 agricultural property are eligible for the program; 375 requiring the department to coordinate with state 376 agencies to provide financial assistance to timber 377 landowners after a specified declared emergency; 378 providing construction; authorizing the department to 379 adopt rules to implement this section including 380 emergency rules that may be effective for a specified 381 timeframe; creating s. 570.831, F.S.; requiring, 382 subject to appropriation of funds, the Cattle 383 Enhancement Board, Inc., in coordination with the 384 department, to establish a Florida beef marketing 385 program; providing a purpose for such program; 386 amending s. 581.1843, F.S.; deleting provisions that 387 exclude certain citrus nurseries from certain 388 requirements; deleting provisions relating to 389 regulated areas around the perimeter of commercial 390 citrus nurseries; repealing ss. 593.101, 593.102, 391 593.103, 593.104, 593.105, 593.106, 593.107, 593.108, 392 593.109, 593.11, 593.111, 593.112, 593.113, 593.114, 393 593.1141, 593.1142, 593.115, 593.116, and 593.117, 394 F.S., relating to the Florida Boll Weevil Eradication 395 Law; definitions; powers and duties of Department of 396 Agriculture and Consumer Services; the entry of 397 premises to carry out boll weevil eradication 398 activities and inspections; reports by persons growing 399 cotton; quarantine areas and the regulation of 400 articles within a boll weevil eradication zone; the 401 regulation of collection, transportation, 402 distribution, and movement of cotton; cooperative 403 programs for persons engaged in growing, processing, 404 marketing, or handling cotton; the departments 405 authority to designate eradication zones, prohibit 406 planting of cotton, and require participation in 407 eradication program; regulation of the pasturage of 408 livestock, entry by persons, and location of honeybee 409 colonies in eradication zones and other areas; 410 eligibility for certification of cotton growers 411 organization; the certification of cotton growers 412 organization; a referendum; an assessment; the 413 departments authority to enter agreements with the 414 Farm Service Agency; liens; mandamus or injunction; 415 penalty for violation; and the handling of moneys 416 received, respectively; amending s. 595.404, F.S.; 417 revising the departments powers and duties regarding 418 school nutrition programs; amending s. 599.002, F.S.; 419 renaming the Viticulture Advisory Council as the 420 Florida Wine Advisory Council; revising the membership 421 of the Florida Wine Advisory Council; conforming 422 provisions to changes made by the act; amending s. 423 599.003, F.S.; renaming the State Viticulture Plan as 424 the State Wine Plan; conforming provisions to changes 425 made by the act; amending s. 599.004, F.S.; making 426 technical changes; providing that wineries that fail 427 to recertify annually or pay a specified licensing fee 428 are subject to certain actions and costs; conforming 429 provisions to changes made by the act; amending s. 430 599.012, F.S.; conforming provisions to changes made 431 by the act; amending s. 616.12, F.S.; deleting 432 provisions requiring a person who operates a minstrel 433 show in connection with any certain public fairs to 434 pay specified license taxes; deleting a provision that 435 exempts such person from paying specified taxes; 436 creating s. 687.16, F.S.; providing a short title; 437 defining terms; prohibiting a financial institution 438 from discriminating in the provision of financial 439 services to an agricultural producer based on an ESG 440 factor; providing an inference with regard to a 441 certain violation; providing that the financial 442 institution may overcome the inference by making 443 certain demonstrations regarding its denial or 444 restriction of financial services to an agricultural 445 producer; authorizing the Attorney General to enforce 446 specified provisions; providing that a violation of 447 specified provisions constitutes an unfair and 448 deceptive trade practice; authorizing the Attorney 449 General to investigate and seek remedies for such 450 unfair trade practices; authorizing an aggrieved party 451 to seek an action for damages; amending s. 741.0305, 452 F.S.; conforming a cross-reference; amending s. 453 790.06, F.S.; revising the circumstances under which 454 the department may temporarily suspend a persons 455 license to carry a concealed weapon or concealed 456 firearm or the processing of an application for such 457 license; requiring the department to notify certain 458 licensees or applicants of their right to a hearing; 459 requiring the department to issue an order confirming 460 the end of a suspension within a specified timeframe 461 after an applicant or licensee submits a copy of a 462 specified document to the department; requiring that 463 such document be sent through electronic or certified 464 mail to a specified location; requiring that the 465 suspension remain in effect upon a certain disposition 466 of a criminal case or injunction; providing 467 construction; providing legislative findings; revising 468 the duties of the department after the date of receipt 469 of a completed application for a license to carry a 470 concealed weapon or concealed firearm; requiring that 471 a license issued under this section be temporarily 472 suspended or revoked if the license was issued in 473 error or if the licensee commits certain actions; 474 amending s. 812.0151, F.S.; revising the elements of 475 third degree and second degree felony retail fuel 476 theft; creating s. 812.136, F.S.; defining terms; 477 providing elements for the crime of mail theft; 478 providing elements of theft of or unauthorized 479 reproduction of a mail depository key or lock; 480 providing criminal penalties; amending s. 934.50, 481 F.S.; deleting certain exceptions from the prohibited 482 uses of drones; providing that a drone may be used for 483 certain purposes by a local governmental entity or 484 person under contract with or acting under the 485 direction of such entity; creating s. 1013.373, F.S.; 486 prohibiting a local government from adopting any 487 measure to limit the activities of public educational 488 facilities or auxiliary facilities constructed by 489 certain organizations; requiring that lands used for 490 agricultural education or for the Future Farmers of 491 America or 4-H activities be considered agricultural 492 lands; reenacting s. 295.07(5)(a), F.S., relating to 493 preference in appointment and retention, to 494 incorporate the amendment made to s. 110.205, F.S., in 495 a reference thereto; reenacting s. 189.062(1)(a), 496 F.S., relating to special procedures for inactive 497 districts and state aid to counties, to incorporate 498 the amendment made to s. 388.271, F.S., in references 499 thereto; reenacting ss. 482.072(3)(b) and 482.163, 500 F.S., relating to pest control customer contact 501 centers and responsibility for pest control activities 502 of employee, respectively, to incorporate the 503 amendment made to s. 482.161, F.S., in references 504 thereto; reenacting s. 487.156, F.S., relating to 505 governmental agencies, to incorporate the amendment 506 made to s. 487.044, F.S., in a reference thereto; 507 reenacting ss. 496.4055(2) and 496.406(2) and (4), 508 F.S., relating to charitable organization or sponsor 509 board duties and exemption from registration, 510 respectively, to incorporate the amendment made to s. 511 496.405, F.S., in references thereto; reenacting s. 512 500.80(1)(a), F.S., relating to cottage food 513 operations, to incorporate the amendment made to s. 514 500.12, F.S., in a reference thereto; reenacting s. 515 500.121(6), F.S., relating to disciplinary procedures, 516 to incorporate the amendment made to s. 500.172, F.S., 517 in a reference thereto; reenacting s. 790.061, F.S., 518 relating to judges and justices, to incorporate the 519 amendment made to s. 790.06, F.S., in a reference 520 thereto; providing effective dates. 521 522 Be It Enacted by the Legislature of the State of Florida: 523 524 Section 1.Paragraph (m) of subsection (2) of section 525 110.205, Florida Statutes, is amended to read: 526 110.205Career service; exemptions. 527 (2)EXEMPT POSITIONS.The exempt positions that are not 528 covered by this part include the following: 529 (m)All assistant division director, deputy division 530 director, and bureau chief positions in any department, and 531 those positions determined by the department to have managerial 532 responsibilities comparable to such positions, which include, 533 but are not limited to: 534 1.Positions in The Department of Health and the Department 535 of Children and Families which are assigned primary duties of 536 serving as the superintendent or assistant superintendent of an 537 institution. 538 2.Positions in The Department of Corrections which are 539 assigned primary duties of serving as the warden, assistant 540 warden, colonel, or major of an institution or that are assigned 541 primary duties of serving as the circuit administrator or deputy 542 circuit administrator. 543 3.Positions in The Department of Transportation which are 544 assigned primary duties of serving as regional toll managers and 545 managers of offices, as specified in s. 20.23(3)(b) and (4)(c). 546 4.Positions in The Department of Environmental Protection 547 which are assigned the duty of an Environmental Administrator or 548 program administrator. 549 5.Positions in The Department of Health which are assigned 550 the duties of Environmental Administrator, Assistant County 551 Health Department Director, and County Health Department 552 Financial Administrator. 553 6.Positions in The Department of Highway Safety and Motor 554 Vehicles which are assigned primary duties of serving as 555 captains in the Florida Highway Patrol. 556 7.Positions in the Department of Agriculture and Consumer 557 Services which are assigned primary duties of serving as 558 captains or majors in the Office of Agricultural Law 559 Enforcement. 560 561 Unless otherwise fixed by law, the department shall set the 562 salary and benefits of the positions listed in this paragraph in 563 accordance with the rules established for the Selected Exempt 564 Service. 565 Section 2.Present paragraphs (a) through (d) of subsection 566 (2) of section 163.3162, Florida Statutes, are redesignated as 567 paragraphs (b) through (e), respectively, a new paragraph (a) 568 and paragraphs (f) and (g) are added to that subsection, and 569 subsections (5), (6), and (7) are added to that section, to 570 read: 571 163.3162Agricultural Lands and Practices. 572 (2)DEFINITIONS.As used in this section, the term: 573 (a)Department means the Department of Agriculture and 574 Consumer Services. 575 (f)Housing site means the totality of development 576 supporting authorized housing, including buildings, mobile 577 homes, barracks, dormitories used as living quarters, parking 578 areas, common areas such as athletic fields or playgrounds, 579 storage structures, and other related structures. 580 (g)Legally verified agricultural worker means a person 581 who: 582 1.Is lawfully present in the United States; 583 2.Meets the definition of eligible worker pursuant to 29 584 C.F.R. s. 502.10; 585 3.Has been verified through the process provided in s. 586 448.095(2) and is authorized to work at the time of employment; 587 4.Is seasonally or annually employed in bona fide 588 agricultural production; 589 5.Remains lawfully present and authorized to work 590 throughout the duration of that employment; and 591 6.Is not an unauthorized alien as defined in s. 592 448.095(1). 593 (5)HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS. 594 (a)A governmental entity may not adopt or enforce any 595 legislation, regulation, or ordinance to inhibit the 596 construction or installation of housing for legally verified 597 agricultural workers on land classified as agricultural land 598 pursuant to s. 193.461 which is operated as a bona fide farm 599 except as provided in this subsection. 600 (b)Construction or installation of housing units for 601 legally verified agricultural workers on parcels of land 602 classified as agricultural land under s. 193.461 must satisfy 603 all of the following criteria: 604 1.The dwelling units must meet federal, state, and local 605 building standards, including standards of the Department of 606 Health adopted pursuant to ss. 381.008-381.00897 and federal 607 standards for H-2A visa housing. If a written notice of intent 608 is required to be submitted to the Department of Health pursuant 609 to s. 381.0083, the appropriate governmental entity with 610 jurisdiction over the agricultural lands may also require 611 submittal of a copy of the written notice. 612 2.The housing site must be maintained in a neat, orderly, 613 and safe manner. 614 3.All structures containing dwelling units must be located 615 a minimum of 10 feet apart. 616 4.The square footage of the housing sites climate 617 controlled facilities may not exceed 1.5 percent of the 618 propertys area or 35,000 square feet, whichever is less. 619 5.A housing site must provide front, side, and rear yard 620 setbacks of at least 50 feet. However, an internal project 621 driveway may be located in the required yard space if the yard 622 is adjacent to a public roadway or to property that is under 623 common ownership with the housing site. 624 6.A housing site may not be located less than 100 feet 625 from a property line adjacent to property zoned for residential 626 use. If the housing site is located less than 250 feet from any 627 property line, screening must be provided between the housing 628 site and any residentially developed adjacent parcels that are 629 under different ownership. The screening may be designed in any 630 of the following ways: 631 a.Evergreen plants that, at the time of planting, are at 632 least 6 feet in height and provide an overall screening opacity 633 of 75 percent; 634 b.A masonry wall at least 6 feet in height and finished on 635 all sides with brick, stone, or painted or pigmented stucco; 636 c.A solid wood or PVC fence at least 6 feet in height with 637 the finished side of the fence facing out; 638 d.A row of evergreen shade trees that, at the time of 639 planting, are at least 10 feet in height, a minimum of 2-inch 640 caliper, and spaced no more than 20 feet apart; or 641 e.A berm made with a combination of the materials listed 642 in sub-subparagraphs a.-d., which is at least 6 feet in height 643 and provides an overall screening opacity of 75 percent at the 644 time of installation. 645 7.All access driveways that serve the housing site must be 646 made of packed shell, gravel, or a similar material that will 647 provide a relatively dust-free surface. 648 (c)Any local ordinance adopted pursuant to this subsection 649 must comply with all state and federal regulations for migrant 650 farmworker housing, as applicable, including rules adopted by 651 the Department of Health pursuant to ss. 381.008381.00897 and 652 federal regulations under the Migrant and Seasonal Agricultural 653 Worker Protection Act or the H-2A visa program. A governmental 654 entity may adopt local government land use regulations that are 655 less restrictive than this subsection, but which still meet 656 regulations established by the Department of Health pursuant to 657 ss. 381.008381.00897 and federal regulations under the Migrant 658 and Seasonal Agricultural Worker Protection Act or the H-2A visa 659 program. An ordinance adopted pursuant to this paragraph may not 660 conflict with the definition and requirements of a legally 661 verified agricultural worker. 662 (d)Beginning July 1, 2025, a property owner must maintain 663 records of all approved permits, including successor permits, 664 for migrant labor camps or residential migrant housing as 665 required under s. 381.0081. A property owner must maintain such 666 records for at least 3 years and make the records available for 667 inspection within 14 days after receipt of a request for records 668 by a governmental entity. 669 (e)A housing site may not continue to be used and may be 670 required to be removed under the following circumstances: 671 1.If, for any reason, a housing site is not being used for 672 legally verified agricultural workers for longer than 365 days, 673 any structure used as living quarters must be removed from the 674 housing site within 180 days after receipt of written 675 notification from the county unless the property owner can 676 demonstrate that use of the site for housing legally verified 677 agricultural workers will occur within 90 days after the written 678 notification. 679 2.If the property on which the housing site is located 680 ceases to be classified as agricultural land pursuant to s. 681 193.461. 682 3.If the permit authorized by the Department of Health for 683 the housing site is revoked, all structures must be removed from 684 the housing site within 180 days after receipt of written 685 notification from the county unless the permit is reinstated by 686 the Department of Health. 687 4.If a housing site is found to be occupied by any person 688 who does not meet the definition of a legally verified 689 agricultural worker, or is otherwise unlawfully present in the 690 United States. A property owner who violates this subparagraph 691 is subject to a Class I fine pursuant to s. 570.971, not to 692 exceed $1,000, for the first violation, and a Class II fine, not 693 to exceed $5,000, for any subsequent violations. The fines shall 694 be collected by the clerk of the court of the county in which 695 the violation occurred. 696 (f)Notwithstanding this subsection, the construction or 697 installation of housing for legally verified agricultural 698 workers in the Florida Keys Area of Critical State Concern and 699 the City of Key West Area of Critical State Concern is subject 700 to the permit allocation systems of the Florida Keys Area of 701 Critical State Concern and the City of Key West Area of Critical 702 State Concern, respectively. 703 (g)A housing site that was constructed and in use before 704 July 1, 2024, may continue to be used, and the property owner 705 may not be required by a governmental entity to make changes to 706 meet the requirements of this subsection, unless the housing 707 site will be enlarged, remodeled, renovated, or rehabilitated. 708 The property owner of a housing site authorized under this 709 paragraph must provide regular maintenance and repair, including 710 compliance with health and safety regulations and maintenance 711 standards, for such housing site to ensure the health, safety, 712 and habitability of the housing site. 713 (6)DATA COLLECTION.The department shall adopt rules 714 providing for: 715 (a)A method for governmental entities to submit reports of 716 property owners who have a housing site for legally verified 717 agriculture workers on lands classified as agricultural land 718 pursuant to s. 193.461, as provided in this section. 719 (b)A method for persons to submit complaints for review 720 and investigation by the department. 721 722 Governmental entities shall provide this information quarterly 723 to the department in a format and timeframe prescribed by rule. 724 (7)ENFORCEMENT. 725 (a)In addition to the enforcement methods of employment 726 verification outlined in s. 448.095, the department shall 727 enforce the requirements of subsection (5). Enforcement includes 728 completing routine inspections based on a random sample of data 729 collected by government entities and submitted to the 730 department, the investigation and review of complaints, and the 731 enforcement of violations. 732 (b)The department shall submit the information collected 733 to the State Board of Immigration Enforcement on a quarterly 734 basis, except that the first quarter shall begin 60 days after 735 the first quarterly data report under subsection (6) by a 736 governmental entity is received and reviewed by the department. 737 Section 3.Subsection (3) of section 201.25, Florida 738 Statutes, is amended to read: 739 201.25Tax exemptions for certain loans.There shall be 740 exempt from all taxes imposed by this chapter: 741 (3)Any loan made by the Agriculture and Aquaculture 742 Producers Emergency Natural Disaster Recovery Loan Program 743 pursuant to s. 570.822. 744 Section 4.Subsection (19) is added to section 253.0341, 745 Florida Statutes, to read: 746 253.0341Surplus of state-owned lands. 747 (19)Notwithstanding any other law or rule, the Department 748 of Agriculture and Consumer Services may surplus lands acquired 749 pursuant to s. 366.20 which are determined to be suitable for 750 bona fide agricultural production, as defined in s. 193.461. The 751 Department of Agriculture and Consumer Services shall consult 752 with the Department of Environmental Protection in the process 753 of making such determination. In the event that lands acquired 754 pursuant to s. 366.20, which are determined to be suitable for 755 bona fide agricultural production are surplused, the Department 756 of Agriculture and Consumer Services must retain a rural-lands 757 protection easements pursuant to s. 570.71(3), and all proceeds 758 must be deposited into the Incidental Trust Fund within the 759 Department of Agriculture and Consumer Services for less than 760 fee simple land acquisition pursuant to ss. 570.71 and 570.715. 761 By January 1, 2026, and each January 1 thereafter, the 762 Department of Agriculture and Consumer Services shall provide a 763 report of lands surplused pursuant to this subsection to the 764 board. 765 (a)Any lands designated as a state forest, state park, or 766 wildlife management area are ineligible to be surplused pursuant 767 to this subsection. 768 (b)This subsection is retroactive to January 1, 2009. 769 Section 5.Present paragraphs (a) through (d) and (e) of 770 subsection (2) of section 330.41, Florida Statutes, are 771 redesignated as paragraphs (b) through (e) and (j), 772 respectively, and subsection (6) of that section is redesignated 773 as subsection (8), a new paragraph (a) and paragraphs (f), (g), 774 (h), and (i) are added to subsection (2) of that section and a 775 new subsection (6) and subsection (7) are added to that section, 776 and paragraph (d) of subsection (4) of that section is amended, 777 to read: 778 330.41Unmanned Aircraft Systems Act. 779 (2)DEFINITIONS.As used in this act, the term: 780 (a)Commercial property means real property other than 781 residential property. The term includes, but is not limited to, 782 a property zoned multifamily residential which is comprised of 783 five or more dwelling units, and real property used for 784 commercial, industrial, or agricultural purposes. 785 (f)Private property means any residential or commercial 786 property. 787 (g)Property owner means the owner or owners of record of 788 real property. The term includes real property held in trust for 789 the benefit of one or more individuals, in which case the 790 individual or individuals may be considered as the property 791 owner or owners, provided that the trustee provides written 792 consent. The term does not include persons renting, using, 793 living, or otherwise occupying real property. 794 (h)Residential property means real property zoned as 795 residential or multifamily residential and composed of four or 796 fewer dwelling units. 797 (i)Sport shooting and training range has the same 798 meaning as in s. 790.333(3)(h). 799 (4)PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES. 800 (d)This subsection and paragraph (2)(b) paragraph (2)(a) 801 shall sunset 60 days after the date that a process pursuant to 802 s. 2209 of the FAA Extension, Safety and Security Act of 2016 803 becomes effective. 804 (6)PROTECTION OF AGRICULTURAL LANDS. 805 (a)A person may not knowingly or willfully do any of the 806 following on lands classified as agricultural lands pursuant to 807 s. 193.461: 808 1.Operate a drone. 809 2.Allow a drone to make contact with any person or object 810 on the premises of or within the boundaries of such lands. 811 3.Allow a drone to come within a distance close enough to 812 such lands to interfere with or cause a disturbance to 813 agricultural production. 814 (b)A person who violates paragraph (a) commits a 815 misdemeanor of the second degree, punishable as provided in s. 816 775.082 or s. 775.083. A person who commits a second or 817 subsequent violation commits a misdemeanor of the first degree, 818 punishable as provided in s. 775.082 or s. 775.083. 819 (c)This subsection does not apply to actions identified in 820 paragraph (a) which are committed by: 821 1. The owner of the agricultural lands. 822 2.A person acting under the prior written consent of the 823 owner of the agricultural lands. 824 3.A person or entity acting in compliance with the 825 provisions of s. 934.50. 826 (7)PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING 827 LANDS. 828 (a)A person may not knowingly or willfully allow a drone 829 to make contact with private property, state wildlife management 830 lands, or a sport shooting and training range or any person or 831 object on the premises of or within such property with the 832 intent to harass. 833 (b) A person who violates paragraph (a) commits a 834 misdemeanor of the second degree, punishable as provided in s. 835 775.082 or s. 775.083. A person who commits a second or 836 subsequent violation commits a misdemeanor of the first degree, 837 punishable as provided in s. 775.082 or s. 775.083. 838 (c) A person who violates paragraph (a) and records video 839 of the private property, state wildlife management lands, or 840 sport shooting and training range, including any person or 841 object on the premises of or within the private property, state 842 wildlife management lands, or sport shooting and training range, 843 commits a misdemeanor of the first degree, punishable as 844 provided in s. 775.082 or s. 775.083. A person who commits a 845 second or subsequent violation commits a felony of the third 846 degree, punishable as provided in s. 775.082, s. 775.083, or s. 847 775.084. 848 (d) This subsection does not apply to actions identified in 849 paragraph (a) which are committed by: 850 1. The property owner of the private property or sport 851 shooting and training range, or a person acting under the prior 852 written consent of the property owner. 853 2.A person or entity acting in compliance with the 854 provisions of s. 934.50. 855 Section 6.Effective July, 31 2026, section 366.20, Florida 856 Statutes, is created to read: 857 366.20Sale and management of lands owned by electric 858 utilities. 859 (1)Lands acquired by an electric utility, as defined in s. 860 366.02(4), on or after January 1, 2009, which have been 861 classified as agricultural lands pursuant to s. 193.461 at any 862 time in the 5 years preceding the acquisition of the land by the 863 electric utility must be offered for fee simple acquisition by 864 the Department of Agriculture and Consumer Services through the 865 process outlined in subsection (3) before offering for sale or 866 transferring the land to a private individual or entity. 867 (2)Lands owned by an electric utility, as defined in s. 868 366.02(4), on or after January 1, 2009, which were classified as 869 agricultural lands pursuant to s. 193.461 at any time in the 5 870 years preceding the date of acquisition of the land by the 871 electric utility must be offered for fee simple acquisition by 872 the department through the process outlined in subsection (3) 873 before offering for sale or transferring the land to a private 874 individual or entity. 875 (3)(a)Within 30 days before offering for sale or 876 transferring lands identified pursuant to subsection (1) or 877 subsection (2) to a private individual or entity, an electric 878 utility must issue a written intent to sell sent through 879 certified mail to the Commissioner of Agriculture. 880 (b)Within 30 days after the date of receipt by certified 881 mail of the written intent by an electric utility to sell or 882 transfer such land, the commissioner may issue a written intent 883 to purchase via certified mail to the electric utility that 884 issued the intent to sell. If the commissioner declines, or does 885 not issue an intent to purchase within the 30 day timeframe, the 886 electric utility is released from the requirements of this 887 section. 888 (4)Offers accepted by the department pursuant to paragraph 889 (3)(b) which are received no later than 6 months before the 890 start of the regular legislative session must be executed no 891 later than July 31 following that regular legislative session. 892 (5)The department shall adopt rules to implement this 893 section. 894 Section 7.Present subsections (3) and (4) of section 895 366.94, Florida Statutes, are redesignated as subsections (4) 896 and (5), respectively, a new subsection (3) is added to that 897 section, and subsection (2) of that section is amended, to read: 898 366.94Electric vehicle charging. 899 (2)(a)As used in this section, the term electric vehicle 900 charging station means the area in the immediate vicinity of 901 electric vehicle supply equipment and includes the electric 902 vehicle supply equipment, supporting equipment, and associated 903 parking spaces. The regulation of electric vehicle charging 904 stations is preempted to the state. 905 (b)(a)A local governmental entity may not enact or enforce 906 an ordinance or regulation related to electric vehicle charging 907 stations. 908 (3)(a)(b)The Department of Agriculture and Consumer 909 Services shall adopt rules to implement this subsection and to 910 provide requirements for electric vehicle charging stations to 911 allow for consistency for consumers and the industry. 912 (b)The department may adopt rules to protect the public 913 health, safety, and welfare and establish standards for the 914 placement, design, installation, maintenance, and operation of 915 electric vehicle charging stations. 916 (c)Local governmental entities shall issue permits for 917 electric vehicle charging stations based solely upon standards 918 established by department rule and other applicable provisions 919 of state law. The department shall prescribe by rule the time 920 period for approving or denying permit applications. 921 (d)Before a charger at an electric vehicle charging 922 station is placed into service for use by the public, the 923 charger must be registered with the department on a form 924 prescribed by department rule. 925 (e)The department shall have the authority to inspect 926 electric vehicle charging stations, conduct investigations, and 927 enforce this subsection and any rules adopted thereto. The 928 department may impose one or more of the following penalties 929 against a person who violates this subsection or any rule 930 adopted under this subsection: 931 1.Issuance of a warning letter. 932 2.Imposition of an administrative fine in the Class II 933 category pursuant to s. 570.971 for each violation. 934 (f)If the department determines that an electric vehicle 935 charging station or any associated equipment presents a threat 936 to the public health, safety, or welfare, the department may 937 issue an immediate final order prohibiting the use of the 938 electric vehicle charging station or any portion thereof. 939 (g)In addition to the remedies provided in this 940 subsection, and notwithstanding the existence of any adequate 941 remedy at law, the department may bring an action to enjoin a 942 violation of this subsection or rules adopted under this 943 subsection in the circuit court of the county in which the 944 violation occurs or is about to occur. Upon demonstration of 945 competent and substantial evidence by the department to the 946 court of the violation or threatened violation, the court shall 947 immediately issue the temporary or permanent injunction sought 948 by the department. The injunction must be issued without bond. 949 Section 8.Present subsections (10) and (11) of section 950 388.011, Florida Statutes, are redesignated as subsections (11) 951 and (12), respectively, a new subsection (10) is added to that 952 section, and subsections (2) and (5) of that section are 953 amended, to read: 954 388.011Definitions.As used in this chapter: 955 (2)Board of commissioners means the governing body of 956 any mosquito control program district, and may include boards of 957 county commissioners, city councils, municipalities, or other 958 similar governing bodies when context so indicates. 959 (5)District means any mosquito control special district 960 established in this state by law for the express purpose of 961 controlling arthropods within boundaries of such said districts. 962 (10)Program means any governmental jurisdiction that 963 conducts mosquito control, whether it be a special district, 964 county, or municipality. 965 Section 9.Section 388.021, Florida Statutes, is amended to 966 read: 967 388.021Creation of mosquito control special districts. 968 (1)The abatement or suppression of arthropods, whether 969 disease-bearing or merely pestiferous, within any or all 970 counties of this state is advisable and necessary for the 971 maintenance and betterment of the comfort, health, and welfare 972 of the people thereof and is found and declared to be for public 973 purposes. Areas where arthropods incubate, hatch, or occur in 974 significant numbers so as to constitute a public health, 975 welfare, or nuisance problem may be controlled or abated as 976 provided in this chapter or the rules promulgated hereunder. 977 Therefore, any municipality city, town, or county, or any 978 portion or portions thereof, whether such portion or portions 979 include incorporated territory or portions of two or more 980 counties in the state, may be created into a special taxing 981 district for the control of arthropods under the provisions of 982 this chapter. 983 (2)It is the legislative intent that those mosquito 984 control districts established prior to July 1, 1980, pursuant to 985 the petition process contained in former s. 388.031, may 986 continue to operate as outlined in this chapter. However, on and 987 after that date, no mosquito control districts may be created 988 except pursuant to s. 125.01. 989 Section 10.Section 388.181, Florida Statutes, is amended 990 to read: 991 388.181Power to do all things necessary.The respective 992 programs districts of the state are hereby fully authorized to 993 do and perform all things necessary to carry out the intent and 994 purposes of this law. 995 Section 11.Subsections (1), (2), (4), and (5) of section 996 388.201, Florida Statutes, are amended to read: 997 388.201Program District budgets; hearing. 998 (1)The fiscal year of programs districts operating under 999 the provisions of this chapter shall be the 12-month period 1000 extending from October 1 of one year through September 30 of the 1001 following year. The governing board of the programs district 1002 shall before July 15 of each year complete the preparation of a 1003 tentative detailed work plan budget covering its proposed 1004 operations and requirements for arthropod control measures 1005 during the ensuing fiscal year and, for the purpose of 1006 determining eligibility for state aid, shall submit copies as 1007 may be required to the department for review and approval. The 1008 tentative detailed work plan budget must shall set forth, 1009 classified by account number, title and program items, and by 1010 fund from which to be paid, the proposed expenditures of the 1011 program district for construction, for acquisition of land, and 1012 other purposes, for the operation and maintenance of the 1013 programs districts works, the conduct of the program district 1014 generally, to which may be added an amount to be held as a 1015 reserve. 1016 (2)The tentative detailed work plan budget must shall also 1017 show the estimated amount which will appear at the beginning of 1018 the fiscal year as obligated upon commitments made but 1019 uncompleted,. There shall be shown the estimated unobligated or 1020 net balance which will be on hand at the beginning of the fiscal 1021 year, and the estimated amount to be raised by county, 1022 municipality, or district taxes and from any and all other 1023 sources for meeting the programs the districts requirements. 1024 (4)The governing board shall: 1025 (a)Shall Consider objections filed against adoption of the 1026 tentative detailed work plan budget and in its discretion may 1027 amend, modify, or change such budget; and 1028 (b)Shall By September 30, adopt and execute on a form 1029 furnished by the department a certified budget for the programs 1030 district which shall be the operating and fiscal guide for the 1031 program district. Certified copies of this budget must shall be 1032 submitted by September 30 to the department for approval. 1033 (5)County commissioners mosquito and arthropod control 1034 budgets or the budgets of a similar governing body of a county, 1035 city, or town must shall be made and adopted as prescribed by 1036 subsections (1) and (2); summary figures must shall be 1037 incorporated into the county budgets as prescribed by the 1038 Department of Financial Services. 1039 Section 12.Section 388.241, Florida Statutes, is amended 1040 to read: 1041 388.241Board of county commissioners vested with powers 1042 and duties of board of commissioners in certain counties.In 1043 those counties or municipalities where there has been no 1044 formation of a separate or special board of commissioners, all 1045 the rights, powers, and duties of a board of commissioners as 1046 conferred in this chapter shall be vested in the board of county 1047 commissioners or similar governing body of said county or 1048 municipality. 1049 Section 13.Section 388.261, Florida Statutes, is amended 1050 to read: 1051 388.261State aid to counties, municipalities, and 1052 districts for arthropod control; distribution priorities and 1053 limitations. 1054 (1)A county, municipality, or district may, without 1055 contributing matching funds, receive state funds, supplies, 1056 services, or equipment in an amount of no more than $75,000 1057 $50,000 per year for up to 3 years for any new program for the 1058 control of mosquitoes and other arthropods which serves an area 1059 not previously served by the county, municipality, or district. 1060 These funds may be expended for any and all types of control 1061 measures approved by the department. 1062 (2)Every county, municipality, or district budgeting local 1063 funds to be used exclusively for the control of mosquitoes and 1064 other arthropods, under a plan submitted by the county, 1065 municipality, or district and approved by the department, is 1066 eligible to receive state funds and supplies, services, and 1067 equipment on a dollar-for-dollar matching basis to the amount of 1068 local funds budgeted. If state funds appropriated by the 1069 Legislature are insufficient to grant each county, municipality, 1070 or district state funds on a dollar-for-dollar matching basis to 1071 the amount budgeted in local funds, the department must shall 1072 distribute the funds as prescribed by rule. Such rules must 1073 shall provide for up to 80 percent of the funds to be 1074 distributed to programs with local funds for mosquito control 1075 budgets of less than $1 million, if the county, municipality, or 1076 district meets the eligibility requirements. The funds must 1077 shall be distributed as equally as possible within the category 1078 of counties pursuant to this section. The remaining funds must 1079 shall be distributed as prescribed by rule among the remaining 1080 counties to support mosquito control and to support research, 1081 education, and outreach. 1082 (3)Every county shall be limited to receive a total of 1083 $120,000 of state funds, exclusive of state funds brought 1084 forward, during any one year. 1085 (4)Up to 20 percent of the annual funds appropriated to 1086 local governments for arthropod control may be used for 1087 arthropod control research or demonstration projects as approved 1088 by the department. 1089 (5)If more than one program local mosquito control agency 1090 exists in a county or municipality, the funds must shall be 1091 prorated between the programs agencies based on the population 1092 served by each program agency. 1093 (6)The Commissioner of Agriculture may exempt counties, 1094 municipalities, or districts from the requirements in subsection 1095 (1), subsection (2), or subsection (3) when the department 1096 determines state funds, supplies, services, or equipment are 1097 necessary for the immediate control of mosquitoes and other 1098 arthropods that pose a threat to human or animal health. 1099 (7)The department may use state funds appropriated for a 1100 county, municipality, or district under subsection (1) or 1101 subsection (2) to provide state mosquito or other arthropod 1102 control equipment, supplies, or services when requested by a 1103 county, municipality, or district eligible to receive state 1104 funds under s. 388.271. 1105 (8)The department is authorized to use up to 5 percent of 1106 the funds appropriated annually by the Legislature under this 1107 section to provide technical assistance to the counties, 1108 municipalities, or districts, or to purchase equipment, 1109 supplies, or services necessary to administer the provisions of 1110 this chapter. 1111 Section 14.Subsections (1) and (2) of section 388.271, 1112 Florida Statutes, are amended to read: 1113 388.271Prerequisites to participation. 1114 (1)When state funds are involved, it is the duty of the 1115 department to guide, review, approve, and coordinate the 1116 activities of all county and municipal governments and special 1117 districts receiving state funds in furtherance of the goal of 1118 integrated arthropod control. Each program county eligible to 1119 participate may, and each district must, begin participation on 1120 October 1 of any year by filing with the department not later 1121 than July 15 a tentative integrated arthropod management plan 1122 work plan and tentative detailed work plan budget providing for 1123 the control of arthropods. Following approval of the plan and 1124 budget by the department, a copy two copies of the programs 1125 countys or districts certified budget based on the approved 1126 integrated arthropod management work plan and detailed work plan 1127 budget must shall be submitted to the department by September 30 1128 following. State funds, supplies, and services must shall be 1129 made available to such program county or district by and through 1130 the department immediately upon release of funds by the 1131 Executive Office of the Governor. 1132 (2)All purchases of supplies, materials, and equipment by 1133 programs must counties or districts shall be made in accordance 1134 with the laws governing purchases by boards of county 1135 commissioners or similar governing bodies, except that programs 1136 districts with special laws relative to competitive bidding 1137 shall make purchases in accordance therewith. 1138 Section 15.Subsections (1) and (3) of section 388.281, 1139 Florida Statutes, are amended to read: 1140 388.281Use of state matching funds. 1141 (1)All funds, supplies, and services released to programs 1142 counties and districts hereunder must shall be used in 1143 accordance with the integrated arthropod management detailed 1144 work plan and certified budget approved by both the department 1145 and the board of commissioners or an appropriate representative 1146 county or district. The integrated arthropod management plan and 1147 budget may be amended at any time upon prior approval of the 1148 department. 1149 (3)In any program county or district where the arthropod 1150 problem has been eliminated, or reduced to such an extent that 1151 it does not constitute a health, comfort, or economic problem as 1152 determined by the department, the maximum amount of state funds 1153 available under this chapter shall be reduced to the amount 1154 necessary to meet actual need. 1155 Section 16.Subsections (1) and (2) of section 388.291, 1156 Florida Statutes, are amended to read: 1157 388.291Source reduction measures; supervision by 1158 department. 1159 (1)Any program county or district may perform source 1160 reduction measures in conformity with good engineering practices 1161 in any area, provided that the department cooperating with the 1162 county, municipality, or district has approved the operating or 1163 construction plan as outlined in the integrated arthropod 1164 management plan and that it has been determined by criteria 1165 contained in rule that the area or areas to be controlled would 1166 produce arthropods in significant numbers to constitute a health 1167 or nuisance problem. 1168 (2)The program county or district shall manage the 1169 detailed business affairs and supervise the said work, and the 1170 department shall advise the programs districts as to the best 1171 and most effective measures to be used in bringing about better 1172 temporary control and the permanent elimination of breeding 1173 conditions. The department may at its discretion discontinue any 1174 state aid provided hereunder in the event it finds the jointly 1175 agreed upon program is not being followed or is not efficiently 1176 and effectively administered. 1177 Section 17.Section 388.301, Florida Statutes, is amended 1178 to read: 1179 388.301Payment of state funds; supplies and services. 1180 State funds shall be payable quarterly, in accordance with the 1181 rules of the department, upon requisition by the department to 1182 the Chief Financial Officer. The department is authorized to 1183 furnish insecticides, chemicals, materials, equipment, vehicles, 1184 and personnel in lieu of state funds where mass purchasing may 1185 save funds for the state, or where it would be more practical 1186 and economical to use equipment, supplies, and services between 1187 two or more programs counties or districts. 1188 Section 18.Section 388.311, Florida Statutes, is amended 1189 to read: 1190 388.311Carry over of state funds and local funds.State 1191 and local funds budgeted for the control of mosquitoes and other 1192 arthropods shall be carried over at the end of the programs 1193 county or districts fiscal year, and rebudgeted for such 1194 control measures the following fiscal year. 1195 Section 19.Section 388.321, Florida Statutes, is amended 1196 to read: 1197 388.321Equipment to become property of a program the 1198 county or district.All equipment purchased under this chapter 1199 with state funds made available directly to a program the county 1200 or district shall become the property of the program county or 1201 district unless otherwise provided, and may be traded in on 1202 other equipment, or sold, when no longer needed by the program 1203 county or district. 1204 Section 20.Section 388.322, Florida Statutes, is amended 1205 to read: 1206 388.322Record and inventory of certain property.A record 1207 and inventory of certain property purchased with state funds for 1208 arthropod control use owned by the program must district shall 1209 be maintained in accordance with s. 274.02. 1210 Section 21.Section 388.323, Florida Statutes, is amended 1211 to read: 1212 388.323Disposal of surplus property.Surplus property 1213 shall be disposed of according to the provisions set forth in s. 1214 274.05 with the following exceptions: 1215 (1)Serviceable equipment purchased using state funds for 1216 arthropod control use no longer needed by a program must county 1217 or district shall first be offered to any or all other programs 1218 counties or districts engaged in arthropod control at a price 1219 established by the board of commissioners owning the equipment. 1220 (2)The alternative procedure for disposal of surplus 1221 property, as prescribed in s. 274.06, must shall be followed if 1222 it is determined that no other program county or district 1223 engaged in arthropod control has need for the equipment. 1224 (3)All proceeds from the sale of any real or tangible 1225 personal property owned by the program and purchased using state 1226 funds county or district shall be deposited in the programs 1227 countys or districts state fund account unless otherwise 1228 specifically designated by the department. 1229 Section 22.Section 388.341, Florida Statutes, is amended 1230 to read: 1231 388.341Reports of expenditures and accomplishments.Each 1232 program receiving state aid county and district participating 1233 under the provisions of this chapter shall within 30 days after 1234 the end of each month submit to the department a monthly report 1235 for the preceding month of expenditures from all funds for 1236 arthropod control, and each program participating under this 1237 chapter shall provide such reports of activities and 1238 accomplishments as may be required by the department. 1239 Section 23.Section 388.351, Florida Statutes, is amended 1240 to read: 1241 388.351Transfer of equipment, personnel, and supplies 1242 during an emergency.The department, upon notifying a program 1243 county or district and obtaining its approval, is authorized to 1244 transfer equipment, materials, and personnel from one program 1245 district to another in the event of an emergency brought about 1246 by an arthropod-borne epidemic or other disaster requiring 1247 emergency control. 1248 Section 24.Subsection (7) of section 388.361, Florida 1249 Statutes, is amended to read: 1250 388.361Department authority and rules; administration. 1251 (7)The department shall have the authority to collect, 1252 detect, suppress, and control mosquitoes and other arthropods 1253 that are determined by the State Health Officer to pose a threat 1254 to public health, or determined by the Commissioner of 1255 Agriculture to pose a threat to animal health, wherever they may 1256 occur on public or private land in this state, and to do all 1257 things necessary in the exercise of such authority. Prior to the 1258 start of treatments for the control of mosquitoes or other 1259 arthropods, the department shall consult with the mosquito 1260 control programs districts in the proposed treatment areas, the 1261 Department of Health, the Department of Environmental 1262 Protection, and the Fish and Wildlife Conservation Commission 1263 regarding the proposed locations, dates, and methods to be used. 1264 Section 25.Subsections (2) and (3) of section 388.3711, 1265 Florida Statutes, are amended to read: 1266 388.3711Enforcement. 1267 (2)The department may issue a written warning, impose a 1268 fine; deny, suspend, or revoke any license or certification, or 1269 the disbursal of state aid; or deny participation, in accordance 1270 with the provisions of chapter 120, upon any one or more of the 1271 following grounds as may be applicable: 1272 (a)Violation of any rule of the department or provision of 1273 this chapter. 1274 (b)Violation of FIFRA or any relevant EPA rule or 1275 regulation pertaining to the use of arthropod control pesticides 1276 by the licensee. 1277 (c)Failure to give the department, or any authorized 1278 representative thereof, true information upon request regarding 1279 methods and materials used, work performed, or other information 1280 essential to the administration of this chapter. 1281 (3)The department may, if it finds a violation is of such 1282 nature or circumstances that imposition of a fine, or denial, 1283 revocation, or suspension of a certification or license or 1284 disbursal of state aid would be detrimental to the public or be 1285 unnecessarily harsh under the circumstances, in its discretion, 1286 place the offending party on probation for a period of not more 1287 than 2 years. If the department determines that the terms of 1288 such probation have been violated, it may reinstitute license or 1289 certification or state aid denial, suspension, or revocation 1290 proceedings. 1291 Section 26.Section 388.381, Florida Statutes, is amended 1292 to read: 1293 388.381Cooperation by programs counties and district.Any 1294 program conducting county or district carrying on an arthropod 1295 control program may cooperate with another county, district, or 1296 municipality in carrying out work a program for the control of 1297 mosquitoes and other arthropods, by agreement as to the program 1298 and reimbursement thereof, when approved by the department. 1299 Section 27.Section 388.391, Florida Statutes, is amended 1300 to read: 1301 388.391Control measures in municipalities and portions of 1302 counties located outside boundaries of programs districts.Any 1303 program district whose operation is limited to a portion of the 1304 county in which it is located may perform any control measures 1305 authorized by this chapter in any municipality located in the 1306 same county or in any portions of the same county, where there 1307 is no established program district, when requested to do so by 1308 the municipality or county, pursuant to s. 388.381. 1309 Section 28.Section 388.401, Florida Statutes, is amended 1310 to read: 1311 388.401Penalty for damage to property or operations. 1312 Whoever shall willfully damages damage any of the property of 1313 any program county or district created under this or other 1314 chapters, or any works constructed, maintained, or controlled by 1315 such program county or district, or who obstructs shall obstruct 1316 or causes cause to be obstructed any of the operations of such 1317 program county or district, or who shall knowingly or willfully 1318 violates violate any provisions of this chapter or any rule or 1319 regulation promulgated by any board of commissioners of any 1320 program, commits county or district shall be guilty of a 1321 misdemeanor of the second degree, punishable as provided in s. 1322 775.082 or s. 775.083. 1323 Section 29.Paragraph (a) of subsection (2) of section 1324 388.46, Florida Statutes, is amended to read: 1325 388.46Florida Coordinating Council on Mosquito Control; 1326 establishment; membership; organization; responsibilities. 1327 (2)MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES. 1328 (a)Membership.The Florida Coordinating Council on 1329 Mosquito Control shall be composed comprised of the following 1330 representatives or their authorized designees: 1331 1.The Secretary of Environmental Protection. 1332 2.The State Surgeon General. 1333 3.The executive director of the Fish and Wildlife 1334 Conservation Commission. 1335 4.The state epidemiologist. 1336 5.The Commissioner of Agriculture. 1337 6.The Board of Trustees of the Internal Improvement Trust 1338 Fund. 1339 7.Representatives from: 1340 a.The University of Florida, Institute of Food and 1341 Agricultural Sciences, Florida Medical Entomological Research 1342 Laboratory. 1343 b.The United States Environmental Protection Agency. 1344 c.The United States Department of Agriculture, Center of 1345 Medical, Agricultural, and Veterinary Entomology Insects 1346 Affecting Man Laboratory. 1347 d.The United States Fish and Wildlife Service. 1348 8.Four Two mosquito control directors to be nominated by 1349 the Florida Mosquito Control Association, two representatives of 1350 Florida environmental groups, and two private citizens who are 1351 property owners whose lands are regularly subject to mosquito 1352 control operations, to be appointed to 4-year terms by the 1353 Commissioner of Agriculture and serve until his or her successor 1354 is appointed. 1355 Section 30.Paragraph (d) of subsection (7) of section 1356 403.067, Florida Statutes, is amended to read: 1357 403.067Establishment and implementation of total maximum 1358 daily loads. 1359 (7)DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1360 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. 1361 (d)Enforcement and verification of basin management action 1362 plans and management strategies. 1363 1.Basin management action plans are enforceable pursuant 1364 to this section and ss. 403.121, 403.141, and 403.161. 1365 Management strategies, including best management practices and 1366 water quality monitoring, are enforceable under this chapter. 1367 2.No later than January 1, 2017: 1368 a.The department, in consultation with the water 1369 management districts and the Department of Agriculture and 1370 Consumer Services, shall initiate rulemaking to adopt procedures 1371 to verify implementation of water quality monitoring required in 1372 lieu of implementation of best management practices or other 1373 measures pursuant to sub-subparagraph (b)2.g.; 1374 b.The department, in consultation with the water 1375 management districts and the Department of Agriculture and 1376 Consumer Services, shall initiate rulemaking to adopt procedures 1377 to verify implementation of nonagricultural interim measures, 1378 best management practices, or other measures adopted by rule 1379 pursuant to subparagraph (c)1.; and 1380 c.The Department of Agriculture and Consumer Services, in 1381 consultation with the water management districts and the 1382 department, shall initiate rulemaking to adopt procedures to 1383 verify implementation of agricultural interim measures, best 1384 management practices, or other measures adopted by rule pursuant 1385 to subparagraph (c)2. 1386 1387 The rules required under this subparagraph shall include 1388 enforcement procedures applicable to the landowner, discharger, 1389 or other responsible person required to implement applicable 1390 management strategies, including best management practices or 1391 water quality monitoring as a result of noncompliance. 1392 3.At least every 2 years, the Department of Agriculture 1393 and Consumer Services shall perform onsite inspections of each 1394 agricultural producer that enrolls in a best management 1395 practice, except those enrolled by rule in subparagraph 4., to 1396 ensure that such practice is being properly implemented. Such 1397 verification must include a collection and review of the best 1398 management practice documentation from the previous 2 years 1399 required by rules adopted pursuant to subparagraph (c)2., 1400 including, but not limited to, nitrogen and phosphorus 1401 fertilizer application records, which must be collected and 1402 retained pursuant to subparagraphs (c)3., 4., and 6. The 1403 Department of Agriculture and Consumer Services shall initially 1404 prioritize the inspection of agricultural producers located in 1405 the basin management action plans for Lake Okeechobee, the 1406 Indian River Lagoon, the Caloosahatchee River and Estuary, and 1407 Silver Springs. 1408 4.The Department of Agriculture and Consumer Services is 1409 authorized to adopt rules establishing an enrollment in best 1410 management practices by rule process that agricultural pollutant 1411 sources and agricultural producers may use in lieu of the best 1412 management practices adopted in paragraph (c) and identify best 1413 management practices for landowners of parcels which meet the 1414 following requirements: 1415 a.A parcel not more than 25 acres in size; 1416 b.A parcel designated as agricultural land use by the 1417 county in which it is located or the parcel is granted 1418 agricultural tax classification by the county property appraiser 1419 of the county in which it is located; 1420 c.A parcel with water use not exceeding 100,000 gallons 1421 per day on average unless the entire use is met using recycled 1422 water from wet detention treatment ponds or reuse water; 1423 d.A parcel where the agricultural activity on the parcel 1424 is not a vegetable crop, an agronomic crop, a nursery, or a 1425 dairy operation; 1426 e.A parcel not abutting an impaired water body identified 1427 in subsection (4); and 1428 f.A parcel not part of a larger operation that is enrolled 1429 in the Department of Agriculture and Consumer Services best 1430 management practices or conducting water quality monitoring 1431 prescribed by the department or a water management district. 1432 1433 Such requirements must specify design or performance criteria 1434 that, if applied, would result in compliance with appropriate 1435 water quality standards. The Department of Agriculture and 1436 Consumer Services is authorized to adopt additional eligibility 1437 criteria for landowners or producers to use enrollment by rule 1438 and to revoke enrollment by rule. 1439 5.The Department of Agriculture and Consumer Services 1440 shall annually perform onsite inspections of 20 percent for all 1441 enrollments that meet the qualifications pursuant to 1442 subparagraph 4. by rule within basin management action plan 1443 areas, to ensure that practices are being properly implemented. 1444 Such inspections must include a collection and review of the 1445 identified best management practice documentation from the 1446 previous 2 years required by rules adopted pursuant to 1447 subparagraph (c)2. All agricultural producers enrolled by rule 1448 in a best management practice must annually submit nutrient 1449 records, including nitrogen and phosphorus application records 1450 for the previous calendar year, to the Department of Agriculture 1451 and Consumer Services as required by rules adopted pursuant to 1452 subparagraph (c)2. The Department of Agriculture and Consumer 1453 Services shall collect and retain these nutrient records 1454 pursuant to subparagraphs (c)3., 4., and 6. 1455 Section 31.Subsection (19) is added to section 403.852, 1456 Florida Statutes, to read: 1457 403.852Definitions; ss. 403.850-403.864.As used in ss. 1458 403.850-403.864: 1459 (19)Water quality additive means any chemical, additive, 1460 or substance that is used in a public water system for the 1461 purpose of: 1462 (a)Meeting or surpassing primary or secondary drinking 1463 water standards; 1464 (b)Preventing, reducing, or removing contaminants; or 1465 (c)Improving water quality. 1466 Section 32.Subsection (8) is added to section 403.859, 1467 Florida Statutes, to read: 1468 403.859Prohibited acts.The following acts and the causing 1469 thereof are prohibited and are violations of this act: 1470 (8)The use of any additive in a public water system which 1471 does not meet the definition of a water quality additive as 1472 defined in s. 403.852(19). 1473 Section 33.Subsection (10) of section 482.111, Florida 1474 Statutes, is amended to read: 1475 482.111Pest control operators certificate. 1476 (10)In order to renew a certificate, the certificateholder 1477 must complete 2 hours of approved continuing education on 1478 legislation, safety, pesticide labeling, and integrated pest 1479 management and 2 hours of approved continuing education in each 1480 category of her or his certificate or must pass an examination 1481 that the department shall provide in person and remotely through 1482 a third-party vendor. The third-party vendor may collect and 1483 retain a convenience fee given by the department. The department 1484 may not renew a certificate if the continuing education or 1485 examination requirement is not met. 1486 (a)Courses or programs, to be considered for credit, must 1487 include one or more of the following topics: 1488 1.The law and rules of this state pertaining to pest 1489 control. 1490 2.Precautions necessary to safeguard life, health, and 1491 property in the conducting of pest control and the application 1492 of pesticides. 1493 3.Pests, their habits, recognition of the damage they 1494 cause, and identification of them by accepted common name. 1495 4.Current accepted industry practices in the conducting of 1496 fumigation, termites and other wood-destroying organisms pest 1497 control, lawn and ornamental pest control, and household pest 1498 control. 1499 5.How to read labels, a review of current state and 1500 federal laws on labeling, and a review of changes in or 1501 additions to labels used in pest control. 1502 6.Integrated pest management. 1503 (b)The certificateholder must submit with her or his 1504 application for renewal a statement certifying that she or he 1505 has completed the required number of hours of continuing 1506 education. The statement must be on a form prescribed by the 1507 department and must identify at least the date, location, 1508 provider, and subject of the training and must provide such 1509 other information as required by the department. 1510 (c)The department shall charge the same fee for 1511 examination as provided in s. 482.141(2). 1512 Section 34.Subsection (1) of section 482.141, Florida 1513 Statutes, is amended to read: 1514 482.141Examinations. 1515 (1)Each individual seeking certification must 1516 satisfactorily pass an examination which must be written but 1517 which may include practical demonstration. The department shall 1518 provide in-person and remote testing through a third-party 1519 vendor. A third-party vendor may collect and retain a 1520 convenience fee hold at least two examinations each year. An 1521 applicant may seek certification in one or more categories. 1522 Section 35.Paragraph (b) of subsection (1) of section 1523 482.155, Florida Statutes, is amended to read: 1524 482.155Limited certification for governmental pesticide 1525 applicators or private applicators. 1526 (1) 1527 (b)A person seeking limited certification under this 1528 subsection must pass an examination that the department shall 1529 provide in person and remotely through a third-party vendor. The 1530 third-party vendor may collect and retain a convenience fee 1531 given or approved by the department. Each application for 1532 examination must be accompanied by an examination fee set by the 1533 department, in an amount of not more than $150 or less than $50; 1534 and a recertification fee of $25 every 4 years. Until rules 1535 setting these fees are adopted by the department, the 1536 examination fee is $50. Application for recertification must be 1537 accompanied by proof of having completed 4 classroom hours of 1538 acceptable continuing education. The limited certificate expires 1539 4 years after the date of issuance. If the certificateholder 1540 fails to renew his or her certificate and provide proof of 1541 completion of the required continuing education units within 60 1542 days after the expiration date, the certificateholder may be 1543 recertified only after reexamination. The department shall make 1544 available provide the appropriate reference material and make 1545 the examination readily accessible and available to all 1546 applicants at least quarterly or as necessary in each county. 1547 Section 36.Subsection (2) of section 482.156, Florida 1548 Statutes, is amended to read: 1549 482.156Limited certification for commercial landscape 1550 maintenance personnel. 1551 (2)(a)A person seeking limited certification under this 1552 section must pass an examination that the department shall 1553 provide in person and remotely through a third-party vendor. The 1554 third-party vendor may collect and retain a convenience fee 1555 given by the department. Each application for examination must 1556 be accompanied by an examination fee set by rule of the 1557 department, in an amount of not more than $150 or less than $50. 1558 Before the department issues a limited certification under this 1559 section, each person applying for the certification must furnish 1560 proof of having a certificate of insurance which states that the 1561 employer meets the requirements for minimum financial 1562 responsibility for bodily injury and property damage required by 1563 s. 482.071(4). 1564 (b)The department shall make available provide the 1565 appropriate reference materials for the examination and provide 1566 in-person and remote testing through a third-party vendor. A 1567 third-party vendor may collect and retain a convenience fee make 1568 the examination readily accessible and available to applicants 1569 at least quarterly or as necessary in each county. 1570 Section 37.Subsection (2) of section 482.157, Florida 1571 Statutes, is amended to read: 1572 482.157Limited certification for commercial wildlife 1573 management personnel. 1574 (2)The department shall issue a limited certificate to an 1575 applicant who: 1576 (a)Submits an application and examination fee of at least 1577 $150, but not more than $300, as prescribed by the department by 1578 rule; 1579 (b)Passes an examination that the department shall provide 1580 in person and remotely through a third-party vendor. The third 1581 party vendor may collect and retain a convenience fee 1582 administered by the department. The department shall make 1583 available provide the appropriate study materials for the 1584 examination and make the examination readily available to 1585 applicants in each county as necessary, but not less frequently 1586 than quarterly; and 1587 (c)Provides proof, including a certificate of insurance, 1588 that the applicant has met the minimum bodily injury and 1589 property damage insurance requirements in s. 482.071(4). 1590 Section 38.Paragraph (m) is added to subsection (1) of 1591 section 482.161, Florida Statutes, to read: 1592 482.161Disciplinary grounds and actions; reinstatement. 1593 (1)The department may issue a written warning to or impose 1594 a fine against, or deny the application for licensure or 1595 licensure renewal of, a licensee, certified operator, limited 1596 certificateholder, identification cardholder, or special 1597 identification cardholder or any other person, or may suspend, 1598 revoke, or deny the issuance or renewal of any license, 1599 certificate, limited certificate, identification card, or 1600 special identification card that is within the scope of this 1601 chapter, in accordance with chapter 120, upon any of the 1602 following grounds: 1603 (m)Issuance of a final order imposing civil penalties 1604 under subsection 14(a) of the Federal Insecticide, Fungicide, 1605 and Rodenticide Act (FIFRA) or a criminal conviction under 1606 subsection 14(b) of FIFRA. 1607 Section 39.Subsection (2) of section 487.044, Florida 1608 Statutes, is amended to read: 1609 487.044Certification; examination. 1610 (2)The department shall require each applicant for a 1611 certified applicators license to demonstrate competence by a 1612 written or oral examination in which the applicant must 1613 demonstrate adequate knowledge concerning the proper use and 1614 application of restricted-use pesticides in each classification 1615 for which application for license is made. The department shall 1616 provide in-person and remote testing through a third-party 1617 vendor. A third-party vendor may collect and retain a 1618 convenience fee. The examination may be prepared, administered, 1619 and evaluated by the department. Each applicant for a certified 1620 applicators license must shall demonstrate minimum competence 1621 as to: 1622 (a)The proper use of the equipment. 1623 (b)The environmental hazards that may be involved in 1624 applying restricted-use pesticides. 1625 (c)Calculating the concentration of restricted-use 1626 pesticides to be used in particular circumstances. 1627 (d)Identification of common pests to be controlled and the 1628 damages caused by such pests. 1629 (e)Protective clothing and respiratory equipment required 1630 during the handling and application of restricted-use 1631 pesticides. 1632 (f)General precautions to be followed in the disposal of 1633 containers, as well as the cleaning and decontamination of the 1634 equipment which the applicant proposes to use. 1635 (g)Applicable state and federal pesticide laws, rules, and 1636 regulations. 1637 (h)General safety precautions. 1638 Section 40.Subsection (6) is added to section 487.175, 1639 Florida Statutes, to read: 1640 487.175Penalties; administrative fine; injunction. 1641 (6)Licensure may be suspended, revoked, or denied by the 1642 department, upon the issuance of a final order to a licensee 1643 imposing civil penalties under subsection 14(a) of the Federal 1644 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a 1645 criminal conviction under subsection 14(b) of FIFRA. 1646 Section 41.Present subsections (13) through (28) of 1647 section 496.404, Florida Statutes, are redesignated as 1648 subsections (15) through (30), respectively, and new subsections 1649 (13) and (14) are added to that section, to read: 1650 496.404Definitions.As used in ss. 496.401-496.424, the 1651 term: 1652 (13)Foreign country of concern has the same meaning as 1653 in s. 286.101(1)(b). 1654 (14)Foreign source of concern means any of the 1655 following: 1656 (a)The government or any official of the government of a 1657 foreign country of concern; 1658 (b)A political party or member of a political party or any 1659 subdivision of a political party in a foreign country of 1660 concern; 1661 (c)A partnership, an association, a corporation, an 1662 organization, or other combination of persons organized under 1663 the laws of or having its principal place of business in a 1664 foreign country of concern, or a subsidiary of such entity; 1665 (d)Any person who is domiciled in a foreign country of 1666 concern and is not a citizen or lawful permanent citizen of the 1667 United States; 1668 (e)An agent, including a subsidiary or an affiliate of a 1669 foreign legal entity, acting on behalf of a foreign source of 1670 concern; or 1671 (f)An entity in which a person, entity, or collection of 1672 persons or entities described in paragraphs (a)(e) has a 1673 controlling interest. As used in this paragraph, the term 1674 controlling interest means the possession of the power to 1675 direct or cause the direction of the management or policies of 1676 an entity, whether through ownership of securities, by contract, 1677 or otherwise. A person or an entity that directly or indirectly 1678 has the right to vote 25 percent or more of the voting interest 1679 of the company or is entitled to 25 percent or more of its 1680 profits is presumed to possess a controlling interest. 1681 Section 42.Present paragraphs (d) through (g) of 1682 subsection (2) of section 496.405, Florida Statutes, are 1683 redesignated as paragraphs (f) through (i), respectively, new 1684 paragraphs (d) and (e) are added to that subsection, subsection 1685 (11) is added to that section, and subsection (1) and paragraph 1686 (b) of subsection (7) of that section are amended, to read: 1687 496.405Registration statements by charitable organizations 1688 and sponsors. 1689 (1)A charitable organization or sponsor, unless exempted 1690 pursuant to s. 496.406, which intends to solicit contributions 1691 in or from this state by any means or have funds solicited on 1692 its behalf by any other person, charitable organization, 1693 sponsor, commercial co-venturer, or professional solicitor, or 1694 that participates in a charitable sales promotion or sponsor 1695 sales promotion, must, before engaging in any of these 1696 activities, file an initial registration statement, which 1697 includes an attestation statement, and a renewal statement 1698 annually thereafter, with the department. 1699 (a)Except as provided in paragraph (b), any changes in the 1700 information submitted on the initial registration statement or 1701 the last renewal statement must be updated annually on a renewal 1702 statement provided by the department on or before the date that 1703 marks 1 year after the date the department approved the initial 1704 registration statement as provided in this section. The 1705 department shall annually provide a renewal statement to each 1706 registrant by mail or by electronic mail at least 30 days before 1707 the renewal date. 1708 (b)Any changes to the information submitted to the 1709 department pursuant to paragraph (2)(f) (2)(d) on the initial 1710 registration statement, which includes an attestation statement, 1711 or the last renewal statement must be reported to the department 1712 on a form prescribed by the department within 10 days after the 1713 change occurs. 1714 (c)A charitable organization or sponsor that is required 1715 to file an initial registration statement or annual renewal 1716 statement may not, before approval of its statement by the 1717 department in accordance with subsection (7), solicit 1718 contributions or have contributions solicited on its behalf by 1719 any other person, charitable organization, sponsor, commercial 1720 co-venturer, or professional solicitor or participate in a 1721 charitable sales promotion or sponsor sales promotion. 1722 (d)The registration of a charitable organization or 1723 sponsor may not continue in effect and shall expire without 1724 further action of the department under either of the following 1725 circumstances: 1726 1.After the date the charitable organization or sponsor 1727 should have filed, but failed to file, its renewal statement in 1728 accordance with this section. 1729 2.For failure to provide a financial statement within any 1730 extension period provided under s. 496.407. 1731 (2)The initial registration statement must be submitted on 1732 a form prescribed by the department, signed by an authorized 1733 official of the charitable organization or sponsor who shall 1734 certify that the registration statement is true and correct, and 1735 include the following information or material: 1736 (d)An attestation statement, which must be submitted on a 1737 form prescribed by the department and signed by an authorized 1738 official of the charitable organization who shall certify and 1739 attest that the charitable organization, if engaged in 1740 activities that would require registration pursuant to chapter 1741 106, is registered with the Department of State, pursuant to 1742 chapter 106. 1743 (e)An attestation statement on a form prescribed by the 1744 department, signed by an authorized official of the charitable 1745 organization who shall certify and attest that the charitable 1746 organization, if prohibited by applicable federal or state law, 1747 is not engaged in activities that would require registration 1748 with the Department of State pursuant to chapter 106. 1749 (7) 1750 (b)If a charitable organization or sponsor discloses 1751 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7. 1752 in the initial registration statement or annual renewal 1753 statement, the time limits set forth in paragraph (a) are 1754 waived, and the department shall process such initial 1755 registration statement or annual renewal statement in accordance 1756 with the time limits set forth in chapter 120. The registration 1757 of a charitable organization or sponsor shall be automatically 1758 suspended for failure to disclose any information specified in 1759 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the 1760 required information is submitted to the department. 1761 (11)The department may investigate and refer a charitable 1762 organization or sponsor to the Florida Elections Commission for 1763 investigation of violations pursuant to chapters 104 and 106. 1764 Section 43.Subsection (20) is added to section 496.415, 1765 Florida Statutes, to read: 1766 496.415Prohibited acts.It is unlawful for any person in 1767 connection with the planning, conduct, or execution of any 1768 solicitation or charitable or sponsor sales promotion to: 1769 (20)Solicit or accept contributions or anything of value 1770 from a foreign source of concern. 1771 (a)For a first violation of this subsection, this 1772 prohibited act is considered involuntary, and shall result in no 1773 punitive action from the department if the charitable 1774 organization satisfies all of the following requirements: 1775 1.Provides the department with a solicitation or 1776 contribution form containing an attestation from such foreign 1777 source or country of concern in which the person, country, or 1778 entity falsely certifies that they are not a foreign country of 1779 concern as defined in s. 496.404(13) or a foreign source of 1780 concern as defined in s. 496.404(14); 1781 2.Provides the department with a copy of a refund to the 1782 foreign source or country of concern within 30 days after 1783 notification by the department of the prohibited act; and 1784 3.Provides the department with a plan of action to prevent 1785 the acceptance of contributions from a foreign country or source 1786 of concern in future solicitation activities by the charitable 1787 organization. 1788 (b)A second or subsequent violation of this subsection is 1789 considered voluntary, and the charitable organization or sponsor 1790 is subject to the penalties specified in s. 496.419(5) at the 1791 discretion of the department. 1792 Section 44.Section 496.417, Florida Statutes, is amended 1793 to read: 1794 496.417Criminal penalties.Except as otherwise provided in 1795 ss. 496.401-496.424, and in addition to any administrative or 1796 civil penalties, any person who willfully and knowingly violates 1797 ss. 496.401-496.424 commits a felony of the third degree, 1798 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1799 For a second or subsequent conviction, such violation 1800 constitutes a felony of the second degree, punishable as 1801 provided in s. 775.082, s. 775.083, or s. 775.084. The 1802 department may also investigate and refer a charitable 1803 organization or sponsor to the Florida Elections Commission for 1804 investigation of violations pursuant to chapters 104 and 106. 1805 Section 45.Subsection (11) is added to section 496.419, 1806 Florida Statutes, to read: 1807 496.419Powers of the department. 1808 (11)A charitable organization or sponsor whose 1809 registration is denied or revoked for submitting a false 1810 attestation required pursuant to s. 496.405(2)(d) or (2)(e) is 1811 subject to the penalties specified in subsection (5) at the 1812 discretion of the department. 1813 Section 46.Section 496.431, Florida Statutes, is created 1814 to read: 1815 496.431Honest Services Registry. 1816 (1)The department shall create the Honest Services 1817 Registry to provide the residents of this state with the 1818 information necessary to make an informed choice when deciding 1819 which charitable organizations to support. 1820 (2)To be included on the Honest Services Registry, a 1821 charitable organization must, at a minimum, submit to the 1822 department an attestation statement on a form prescribed by the 1823 department, verified as provided in s. 92.525, attesting to all 1824 of the following: 1825 (a)That the organization does not solicit or accept, 1826 directly or indirectly, contributions, funding, support, or 1827 services from a foreign source of concern. 1828 (b)That the organizations messaging and content are not 1829 directly or indirectly produced or influenced by a foreign 1830 source of concern. 1831 (3)The department shall publish the Honest Services 1832 Registry on the departments website. 1833 (4)The department shall adopt rules to implement this 1834 section. 1835 Section 47.Paragraph (j) of subsection (1) of section 1836 500.03, Florida Statutes, is amended to read: 1837 500.03Definitions; construction; applicability. 1838 (1)For the purpose of this chapter, the term: 1839 (j)Cottage food product means food that is not time or 1840 temperature controlled for safety or a potentially hazardous 1841 food as defined by department rule which is sold by a cottage 1842 food operation in accordance with s. 500.80. 1843 Section 48.Paragraphs (a) and (b) of subsection (1) of 1844 section 500.12, Florida Statutes, are amended to read: 1845 500.12Food permits; building permits. 1846 (1)(a)A food permit from the department is required of any 1847 person or business that who operates a food establishment, 1848 except: 1849 1.Persons or businesses operating minor food outlets that 1850 sell food that is commercially prepackaged, not potentially 1851 hazardous, not age restricted, and not time or temperature 1852 controlled for safety, if the shelf space for those items does 1853 not exceed 12 total linear feet and no other food is sold by the 1854 person or business minor food outlet. 1855 2.Persons subject to continuous, onsite federal or state 1856 inspection. 1857 3.Persons selling only legumes in the shell, either 1858 parched, roasted, or boiled. 1859 4.Persons selling sugar cane or sorghum syrup that has 1860 been boiled and bottled on a premise located within this state. 1861 Such bottles must contain a label listing the producers name 1862 and street address, all added ingredients, the net weight or 1863 volume of the product, and a statement that reads, This product 1864 has not been produced in a facility permitted by the Florida 1865 Department of Agriculture and Consumer Services. 1866 (b)Each food establishment regulated under this chapter 1867 must apply for and receive a food permit before operation 1868 begins. An application for a food permit from the department 1869 must be accompanied by a fee in an amount determined by 1870 department rule. The department shall adopt by rule a schedule 1871 of fees to be paid by each food establishment as a condition of 1872 issuance or renewal of a food permit. Such fees may not exceed 1873 $650 and must be used solely for the recovery of costs for the 1874 services provided, except that the fee accompanying an 1875 application for a food permit for operating a bottled water 1876 plant may not exceed $1,000 and the fee accompanying an 1877 application for a food permit for operating a packaged ice plant 1878 may not exceed $250. The fee for operating a bottled water plant 1879 or a packaged ice plant must be set by rule of the department. 1880 Food permits are not transferable from one person or physical 1881 location to another. Food permits must be renewed in accordance 1882 with subparagraphs 1.-3. If an application for renewal of a food 1883 permit is not received by the department on or before its due 1884 date, a late fee not exceeding $100 must be paid in addition to 1885 the food permit fee before the department may issue the food 1886 permit. The moneys collected must be deposited in the General 1887 Inspection Trust Fund. 1888 1.A food permit issued to a new food establishment on or 1889 after September 1, 2023, is valid for 1 calendar year after the 1890 date of issuance and must be renewed annually on or before that 1891 date thereafter. 1892 2.Effective January 1, 2024, A food permit issued before 1893 September 1, 2023, expires on the month and day the initial 1894 permit was issued to the food establishment and must be renewed 1895 annually on or before that date thereafter. The department may 1896 charge a prorated permit fee for purposes of this subparagraph. 1897 3.The department may establish a single permit renewal 1898 date for multiple food establishments owned by the same entity 1899 The owner of 100 or more permitted food establishment locations 1900 may elect to set the expiration of food permits for such 1901 establishments as December 31 of each calendar year. 1902 Section 49.Section 500.166, Florida Statutes, is amended 1903 to read: 1904 500.166Records of interstate shipment.For the purpose of 1905 enforcing this chapter, carriers engaged in interstate commerce 1906 and persons receiving food in interstate commerce shall retain 1907 all records for 3 years from the date of the record showing the 1908 movement in interstate commerce of any food, and the quantity, 1909 shipper and consignee thereof and, upon the request by an 1910 officer or employee duly designated by the department, permit 1911 the officer or employee to have access to and to copy all 1912 records showing the movement in interstate commerce of any food, 1913 and the quantity, shipper, and consignee thereof. 1914 Section 50.Subsection (1) of section 500.172, Florida 1915 Statutes, is amended to read: 1916 500.172Embargoing, detaining, destroying of food, food 1917 processing equipment, or areas that are in violation. 1918 (1)When the department, or its duly authorized agent who 1919 has received appropriate education and training regarding the 1920 legal requirements of this chapter, finds or has probable cause 1921 to believe that any food, food processing equipment, food 1922 processing area, or food storage area is in violation of this 1923 chapter or any rule adopted under this chapter so as to be 1924 dangerous, unwholesome, mislabeled, fraudulent, or insanitary 1925 within the meaning of this chapter, an agent of the department 1926 may issue and enforce a stop-sale, stop-use, removal, or hold 1927 order, which order gives notice that such article, processing 1928 equipment, processing area, or storage area is or is suspected 1929 of being in violation and has been detained or embargoed and 1930 which order warns all persons not to remove, use, or dispose of 1931 such article, processing equipment, processing area, or storage 1932 area by sale or otherwise until permission for removal, use, or 1933 disposal is given by the department or the court. The department 1934 is authorized to enter into a written agreement with the owner 1935 of such food, food processing equipment, food processing area, 1936 or food storage area, or otherwise facilitate the destruction of 1937 any article found or suspected by the department to be in 1938 violation of this section. A person may not remove, use, or 1939 dispose of such detained or embargoed article, processing 1940 equipment, processing area, or storage area by sale or otherwise 1941 without such permission from or in accordance with a written 1942 agreement with the department. 1943 Section 51.Section 500.75, Florida Statutes, is created to 1944 read: 1945 500.75Mushroom spores and mycelium; offenses.It is 1946 unlawful to transport or offer to transport, import into this 1947 state, sell or offer for sale, furnish, or give away spores or 1948 mycelium capable of producing mushrooms or other material which 1949 will contain a controlled substance, including psilocybin or 1950 psilocyn, during its lifecycle. A person who violates this 1951 section commits a misdemeanor of the first degree, punishable as 1952 provided in s. 775.082 or s. 775.083. 1953 Section 52.Section 500.93, Florida Statutes, is created to 1954 read: 1955 500.93Mislabeling of plant-based products as milk, meat, 1956 or poultry. 1957 (1)As used in this section, the term: 1958 (a)Egg or egg product has the same meaning as in 21 1959 U.S.C. s. 1033 and the Egg Products Inspection Act. 1960 (b)FDA means the United States Food and Drug 1961 Administration. 1962 (c)Meat has the same meaning as in 9 C.F.R. s. 301.2 and 1963 the Federal Meat Inspection Act. 1964 (d)Milk has the same meaning as in 21 C.F.R. s. 131.110 1965 and the Grade A pasteurized milk ordinance. 1966 (e)Poultry or poultry product has the same meaning as 1967 in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act. 1968 (2)(a)In accordance with the established standard of 1969 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade 1970 A pasteurized milk ordinance, the department shall adopt rules 1971 to enforce the FDAs standard of identity for milk, as adopted 1972 in state law, to prohibit the sale of plant-based products 1973 mislabeled as milk in this state. 1974 (b)This subsection is effective upon the enactment into 1975 law of a mandatory labeling requirement to prohibit the sale of 1976 plant-based products mislabeled as milk that is consistent with 1977 this section by any 11 of the group of 14 states composed of 1978 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 1979 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, 1980 Texas, Virginia, and West Virginia. 1981 (3)(a)In accordance with the established standard of 1982 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal 1983 Meat Inspection Act, and both poultry and poultry products 1984 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection 1985 Act, the department shall adopt rules to enforce the FDAs 1986 standard of identity for meat, poultry, and poultry products as 1987 adopted in this section, to prohibit the sale of plant-based 1988 products mislabeled as meat, poultry, or poultry products in 1989 this state. 1990 (b)This subsection is effective upon the enactment into 1991 law of a mandatory labeling requirement to prohibit the sale of 1992 plant-based products mislabeled as meat, poultry, or poultry 1993 products which is consistent with this section by any 11 of the 1994 group of 14 states composed of Alabama, Arkansas, Florida, 1995 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, 1996 South Carolina, Tennessee, Texas, Virginia, and West Virginia. 1997 (4)(a)In accordance with the established standard of 1998 identity for eggs and egg products as defined in 21 U.S.C. s. 1999 1033 and the Egg Products Inspection Act, the department shall 2000 adopt rules to enforce the FDAs standard of identity for eggs 2001 and egg products, as adopted in state law, to prohibit the sale 2002 of plant-based products mislabeled as egg or egg products in 2003 this state. 2004 (b)This subsection is effective upon the enactment into 2005 law of a mandatory labeling requirement to prohibit the sale of 2006 plant-based products mislabeled as egg or egg products that is 2007 consistent with this section by any 11 of the group of 14 states 2008 composed of Alabama, Arkansas, Florida, Georgia, Kentucky, 2009 Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, 2010 Tennessee, Texas, Virginia, and West Virginia. 2011 (5)The Department of Agriculture and Consumer Services 2012 shall notify the Division of Law Revision upon the enactment 2013 into law by any 11 of the group of 14 states composed of 2014 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 2015 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, 2016 Texas, Virginia, and West Virginia of the mandatory labeling 2017 requirements pursuant to subsections (2) and (3). 2018 (6)The department shall adopt rules to implement this 2019 section. 2020 (7)This section may not be construed to limit the 2021 departments authority to enforce laws and regulations. 2022 Section 53.Section 501.135, Florida Statutes, is repealed. 2023 Section 54.Subsection (1) of section 501.912, Florida 2024 Statutes, is amended to read: 2025 501.912Definitions.As used in ss. 501.91-501.923: 2026 (1)Antifreeze means any substance or preparation, 2027 including, but not limited to, coolant, antifreeze-coolant, 2028 antifreeze and summer coolant, or summer coolant, that is sold, 2029 distributed, or intended for use: 2030 (a)As the cooling liquid, or to be added to the cooling 2031 liquid, in the cooling system of internal combustion engines of 2032 motor vehicles to prevent freezing of the cooling liquid or to 2033 lower its freezing point; or 2034 (b)To raise the boiling point of water, aid in vehicle 2035 component cooling, or for the prevention of engine overheating, 2036 whether or not the liquid is used as a year-round cooling system 2037 fluid. 2038 Section 55.Section 525.19, Florida Statutes, is created to 2039 read: 2040 525.19Petroleum registration. 2041 (1)The department shall create an annual petroleum 2042 registration program for petroleum owners or operators and shall 2043 adopt rules detailing the requirements for such registration 2044 that include, at minimum: 2045 (a)The name of the petroleum owner or operator; 2046 (b)The address of the petroleum owner or operator; 2047 (c)The phone number of the petroleum owner or operator; 2048 (d)The e-mail address of the petroleum owner or operator; 2049 (e)Requirements for the transfer switch; 2050 (f)Fuel and petroleum infrastructure; and 2051 (g)Fuel and petroleum inventory and delivery information. 2052 (2)The registration program must be free for all 2053 registrants. 2054 (3)The department has the authority to require registrants 2055 to provide updates related to the status of infrastructure, 2056 inventory, and delivery information during a state of emergency 2057 as declared by an executive order issued by the Governor. 2058 Section 56.Section 526.147, Florida Statutes, is created 2059 to read: 2060 526.147Florida Retail Fuel Transfer Switch Modernization 2061 Grant Program. 2062 (1)(a)There is created, subject to appropriation, the 2063 Florida Retail Fuel Transfer Switch Modernization Grant Program 2064 within the Department of Agriculture and Consumer Services. 2065 (b)The grant program shall provide grant funds, not to 2066 exceed $10,000 per retail fuel facility, to be used for 2067 installation and equipment costs related to installing or 2068 modernizing transfer switch infrastructure at retail fuel 2069 facilities to allow for the continuity of fueling operations 2070 under generated power. 2071 (c)The department shall award funds based upon the 2072 following criteria: 2073 1.Up to $10,000, of costs for transfer switch purchase and 2074 installation for retail fuel locations in fiscally constrained 2075 counties as designated under s. 218.67(1). 2076 2.Up to $5,000, of costs for transfer switch purchase and 2077 installation for all other retail fuel locations. 2078 (d)Retail fuel facilities which are awarded grant funds 2079 must comply with s. 526.143 and must install a transfer switch 2080 capable of operating all fuel pumps, dispensing equipment, life 2081 safety systems, and payment acceptance equipment using an 2082 alternative generated power source. 2083 (e)Before being awarded funding from the department, 2084 retail fuel facilities must provide documentation on transfer 2085 switch installation and required generator sizing to the 2086 department. 2087 (f)Marinas and fueling facilities with fewer than four 2088 fueling positions are excluded from being awarded funding 2089 through this program. 2090 (g)Fueling facilities subject to s. 526.143(2) are 2091 excluded from being awarded funding through this program. 2092 (2)The department, in consultation with the Division of 2093 Emergency Management, shall adopt rules to implement and 2094 administer this section, including establishing grant 2095 application processes for the Florida Retail Fuel Transfer 2096 Switch Modernization Grant Program. The rules must include 2097 application deadlines and establish the supporting documentation 2098 necessary to be provided to the department. 2099 Section 57.Section 531.48, Florida Statutes, is amended to 2100 read: 2101 531.48Declarations of unit price on random packages.In 2102 addition to the declarations required by s. 531.47, any package 2103 being one of a lot containing random weights of the same 2104 commodity must and bearing the total selling price of the 2105 package shall bear on the outside of the package a plain and 2106 conspicuous declaration of the price per single unit of weight 2107 and the total retail price of the package, as defined by 2108 department rule. 2109 Section 58.Section 531.49, Florida Statutes, is amended to 2110 read: 2111 531.49Advertising packages for sale.Whenever A packaged 2112 commodity is advertised in any manner with the retail price 2113 stated, there shall be closely and conspicuously associated with 2114 the retail price must have a declaration of quantity as is 2115 required by law or rule to appear on the package. 2116 Section 59.Subsection (10) of section 564.06, Florida 2117 Statutes, is amended to read: 2118 564.06Excise taxes on wines and beverages. 2119 (10)Fifty percent of all revenues collected from the 2120 excise taxes imposed by this section on wine produced by 2121 manufacturers in this state from products grown in the state 2122 must be deposited into the Florida Wine Viticulture Trust Fund 2123 established pursuant to s. 599.012. 2124 Section 60.Present subsections (44), (45), and (46) of 2125 section 570.07, Florida Statutes, are redesignated as 2126 subsections (47), (48), and (49), respectively, and new 2127 subsections (44), (45), and (46) are added to that section, to 2128 read: 2129 570.07Department of Agriculture and Consumer Services; 2130 functions, powers, and duties.The department shall have and 2131 exercise the following functions, powers, and duties: 2132 (44)(a)To foster and encourage the employment and 2133 retention of qualified veterinary pathologists. The department 2134 may reimburse the educational expenses of qualified veterinary 2135 pathologists who enter into an agreement with the department to 2136 retain employment for a specified period of time. 2137 (b)The department shall adopt rules to administer this 2138 subsection. 2139 (45)Subject to appropriation, to extend state and national 2140 Future Farmers of America opportunities to any public school 2141 student enrolled in agricultural education, at little or no cost 2142 to the student or school district, and to support statewide 2143 Future Farmers of America programming that helps such students 2144 develop their potential for premier leadership, personal growth, 2145 and career success. 2146 (46)(a)Notwithstanding ss. 287.042 and 287.057, to use 2147 contracts procured by another agency. 2148 (b)As used in this subsection, the term agency has the 2149 same meaning as provided in s. 287.012. 2150 Section 61.Subsection (2) of section 570.544, Florida 2151 Statutes, is amended to read: 2152 570.544Division of Consumer Services; director; powers; 2153 processing of complaints; records. 2154 (2)The director shall supervise, direct, and coordinate 2155 the activities of the division and shall, under the direction of 2156 the department, enforce the provisions of ss. 366.94 and ss. 2157 604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526, 2158 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849. 2159 Section 62.Section 570.546, Florida Statutes, is created 2160 to read: 2161 570.546Licensing. 2162 (1)The department is authorized to: 2163 (a)Create a process for the bulk renewal of licenses which 2164 will allow licensees the ability, upon request, to submit all 2165 license applications of the same type, notwithstanding any 2166 provisions of law applicable to each application process. 2167 (b)Create a process that will allow licensees, upon 2168 request, to align the expiration dates of licenses within a 2169 statutory program. 2170 (c)Change the expiration dates for current licensees for 2171 the purpose of reducing large numbers of license expirations 2172 that occur during the same month. 2173 (2)The department shall prorate any licensing fee for 2174 which the term of the license was reduced for the purposes of 2175 alignment. 2176 (3)The department shall adopt rules to implement this 2177 section. 2178 Section 63.Section 570.694, Florida Statutes, is created 2179 to read: 2180 570.694Florida Aquaculture Foundation. 2181 (1)The Florida Aquaculture Foundation is established as a 2182 direct-support organization within the Department of Agriculture 2183 and Consumer Services. The purpose of the foundation is to: 2184 (a)Conduct programs and activities related to the 2185 assistance, promotion, and furtherance of aquaculture and 2186 aquaculture producers in this state. 2187 (b)Identify and pursue methods to provide statewide 2188 resources and materials for these programs. 2189 (2)The foundation shall be governed by s. 570.691. 2190 (3)The department is authorized to appoint an advisory 2191 committee adjunct to the foundation pursuant to s. 570.232. 2192 Section 64.Section 570.822, Florida Statutes, is amended 2193 to read: 2194 570.822Agriculture and Aquaculture Producers Emergency 2195 Natural Disaster Recovery Loan Program. 2196 (1)DEFINITIONS.As used in this section, the term: 2197 (a)Bona fide farm operation means a farm operation 2198 engaged in a good faith commercial agricultural use of land on 2199 land classified as agricultural pursuant to s. 193.461 or on 2200 sovereign submerged land that is leased to the applicant by the 2201 department pursuant to s. 597.010 and that produces agricultural 2202 products within the definition of agriculture under s. 570.02. 2203 (b)Declared emergency natural disaster means an 2204 emergency a natural disaster for which a state of emergency is 2205 declared pursuant to s. 252.36 or s. 570.07(21). 2206 (c)Department means the Department of Agriculture and 2207 Consumer Services. 2208 (d)Essential physical property means fences; equipment; 2209 structural production facilities, such as shade houses and 2210 greenhouses; or other agriculture or aquaculture facilities or 2211 infrastructure. 2212 (e)Program means the Agriculture and Aquaculture 2213 Producers Emergency Natural Disaster Recovery Loan Program. 2214 (2)USE OF LOAN FUNDS; LOAN TERMS. 2215 (a)The program is established within the department to 2216 make loans to agriculture and aquaculture producers that have 2217 experienced damage or destruction from a declared emergency 2218 natural disaster. Loan funds may be used to restore, repair, or 2219 replace essential physical property or remove vegetative debris 2220 from essential physical property, or restock aquaculture. A 2221 structure or building constructed using loan proceeds must 2222 comply with storm-hardening standards for nonresidential farm 2223 buildings as defined in s. 604.50(2). The department shall adopt 2224 such standards by rule. 2225 (b)The department may make a low-interest or interest-free 2226 loan to an eligible applicant. The maximum amount that an 2227 applicant may receive during the application period for a loan 2228 is $500,000. An applicant may not receive more than one loan per 2229 application period and no more than two loans per year or no 2230 more than five loans in any 3-year period. A loan term is 10 2231 years. 2232 (3)ELIGIBLE APPLICANTS.To be eligible for the program, an 2233 applicant must: 2234 (a)Own or lease a bona fide farm operation that is located 2235 in a county named in a declared emergency natural disaster and 2236 that was damaged or destroyed as a result of such declared 2237 emergency natural disaster. 2238 (b)Maintain complete and acceptable farm records, pursuant 2239 to criteria published by the department, and present them as 2240 proof of production levels and bona fide farm operations. 2241 (4)LOAN APPLICATION AND AGREEMENT. 2242 (a)Requests for loans must be made by application to the 2243 department. Upon a determination that funding for loans is 2244 available, the department shall publicly notice an application 2245 period for the declared emergency natural disaster, beginning 2246 within 60 days after the date of the declared emergency natural 2247 disaster and running up to 1 year after the date of the declared 2248 emergency natural disaster or until all available loan funds are 2249 exhausted, whichever occurs first. The application period may be 2250 renewed upon a determination from the department and pursuant to 2251 an active declared emergency. 2252 (b)An applicant must demonstrate the need for financial 2253 assistance and an ability to repay or meet a standard credit 2254 rating determined by the department. 2255 (c)Loans must be made pursuant to written agreements 2256 specifying the terms and conditions agreed to by the approved 2257 applicant and the department. The loan agreement must specify 2258 that the loan is due upon sale if the property or other 2259 collateral for the loan is sold. 2260 (d)An approved applicant must agree to stay in production 2261 for the duration of the loan. A loan is not assumable. 2262 (5)LOAN SECURITY REQUIREMENTS.All loans must be secured 2263 by a lien, subordinate only to any mortgage held by a financial 2264 institution as defined in s. 655.005, on property or other 2265 collateral as set forth in the loan agreement. The specific type 2266 of collateral required may vary depending upon the loan purpose, 2267 repayment ability, and the particular circumstances of the 2268 applicant. The department shall record the lien in public 2269 records in the county where the property is located and, in the 2270 case of personal property, perfect the security interest by 2271 filing appropriate Uniform Commercial Code forms with the 2272 Florida Secured Transaction Registry as required pursuant to 2273 chapter 679. 2274 (6)LOAN REPAYMENT. 2275 (a)A loan is due and payable in accordance with the terms 2276 of the loan agreement. 2277 (b)The department shall defer payments for the first 3 2278 years of the loan. After 3 years, the department shall reduce 2279 the principal balance annually through the end of the loan term 2280 such that the original principal balance is reduced by 30 2281 percent. If the principal balance is repaid before the end of 2282 the 10th year, the applicant may not be required to pay more 2283 than 70 percent of the original principal balance. The approved 2284 applicant must continue to be actively engaged in production in 2285 order to receive the original principal balance reductions and 2286 must continue to meet the loan agreement terms to the 2287 satisfaction of the department. 2288 (c)An approved applicant may make payments on the loan at 2289 any time without penalty. Early repayment is encouraged as other 2290 funding sources or revenues become available to the approved 2291 applicant. 2292 (d)All repayments of principal and interest, if 2293 applicable, received by the department in a fiscal year must be 2294 returned to the loan fund and made available for loans to other 2295 applicants in the next application period. 2296 (e)The department may periodically review an approved 2297 applicant to determine whether he or she continues to be in 2298 compliance with the terms of the loan agreement. If the 2299 department finds that an applicant is no longer in production or 2300 has otherwise violated the loan agreement, the department may 2301 seek repayment of the full original principal balance 2302 outstanding, including any interest or costs, as applicable, and 2303 excluding any applied or anticipated original principal balance 2304 reductions. 2305 (f)The department may defer or waive loan payments if at 2306 any time during the repayment period of a loan, the approved 2307 applicant experiences a significant hardship such as crop loss 2308 from a weather-related event or from impacts from a natural 2309 disaster or declared emergency. 2310 (7)ADMINISTRATION. 2311 (a)The department shall create and maintain a separate 2312 account in the General Inspection Trust Fund as a fund for the 2313 program. All repayments must be returned to the loan fund and 2314 made available as provided in this section. Notwithstanding s. 2315 216.301, funds appropriated for the loan program are not subject 2316 to reversion. The department shall manage the fund, establishing 2317 loan practices that must include, but are not limited to, 2318 procedures for establishing loan interest rates, uses of 2319 funding, application procedures, and application review 2320 procedures. The department is authorized to contract with a 2321 third-party administrator to administer the program and manage 2322 the loan fund. A contract for a third-party administrator that 2323 includes management of the loan fund must, at a minimum, require 2324 maintenance of the loan fund to ensure that the program may 2325 operate in a revolving manner. 2326 (b)The department shall coordinate with other state 2327 agencies and other entities to ensure to the greatest extent 2328 possible that agriculture and aquaculture producers in this 2329 state have access to the maximum financial assistance available 2330 following a declared emergency natural disaster. The 2331 coordination must endeavor to ensure that there is no 2332 duplication of financial assistance between the loan program and 2333 other funding sources, such as any federal or other state 2334 programs, including public assistance requests to the Federal 2335 Emergency Management Agency or financial assistance from the 2336 United States Department of Agriculture, which could render the 2337 approved applicant ineligible for other financial assistance. 2338 (8)PUBLIC RECORDS EXEMPTION. 2339 (a)The following information held by the department 2340 pursuant to its administration of the program is exempt from s. 2341 119.07(1) and s. 24(a), Art. I of the State Constitution: 2342 1.Tax returns. 2343 2.Credit history information, credit reports, and credit 2344 scores. 2345 (b)This subsection does not prohibit the disclosure of 2346 information held by the department pursuant to its 2347 administration of the program in an aggregated and anonymized 2348 format. 2349 (c)This subsection is subject to the Open Government 2350 Sunset Review Act in accordance with s. 119.15 and shall stand 2351 repealed on October 2, 2029, unless reviewed and saved from 2352 repeal through reenactment by the Legislature. 2353 (9)RULES.The department shall adopt rules to implement 2354 this section. 2355 (10)REPORTS.By December 1, 2024, and each December 1 2356 thereafter, the department shall provide a report on program 2357 activities during the previous fiscal year to the President of 2358 the Senate and the Speaker of the House of Representatives. The 2359 report must include information on noticed application periods, 2360 the number and value of loans awarded under the program for each 2361 application period, the number and value of loans outstanding, 2362 the number and value of any loan repayments received, and an 2363 anticipated repayment schedule for all loans. 2364 (11)SUNSET.This section expires July 1, 2043, unless 2365 reviewed and saved from repeal through reenactment by the 2366 Legislature. 2367 Section 65.Section 570.823, Florida Statutes, is created 2368 to read: 2369 570.823Silviculture emergency recovery program. 2370 (1)DEFINITIONS.As used in this section, the term: 2371 (a)Bona fide farm operation means a farm operation 2372 engaged in a good faith commercial agricultural use of land on 2373 land classified as agricultural pursuant to s. 193.461 that 2374 produces agricultural products within the definition of 2375 agriculture under s. 570.02. 2376 (b)Declared emergency means an emergency for which a 2377 state of emergency is declared pursuant to s. 252.36 or s. 2378 570.07(21). 2379 (c)Department means the Department of Agriculture and 2380 Consumer Services. 2381 (d)Program means the silviculture emergency recovery 2382 program. 2383 (2)USE OF GRANT FUNDS; GRANT TERMS. 2384 (a)The silviculture emergency recovery program is 2385 established within the department to administer a grant program 2386 to assist timber landowners whose timber land was damaged as a 2387 result of a declared emergency. Grants provided to eligible 2388 timber landowners must be used for: 2389 1.Timber stand restoration, including downed tree removal 2390 on land which will retain the existing trees on site which are 2391 lightly or completely undamaged; 2392 2.Site preparation, and tree replanting; or 2393 3.Road and trail clearing on private timber lands to 2394 provide emergency access and facilitate salvage operations. 2395 (b)Only timber land located on lands classified as 2396 agricultural lands under s. 193.461 are eligible for the 2397 program. 2398 (c)The department shall coordinate with state agencies and 2399 other entities to ensure to the greatest extent possible that 2400 timber landowners have access to the maximum financial 2401 assistance available following a specified declared emergency. 2402 The coordination must endeavor to ensure that there is no 2403 duplication of financial assistance between these funds and 2404 other funding sources, such as any federal or other state 2405 programs, including public assistance requests to the Federal 2406 Emergency Management Agency or financial assistance from the 2407 United States Department of Agriculture, which would render the 2408 approved applicant ineligible for other financial assistance. 2409 (d)The department is authorized to adopt rules to 2410 implement this section, including emergency rules. 2411 Notwithstanding any other provision of law, emergency rules 2412 adopted pursuant to this subsection are effective for 6 months 2413 after adoption and may be renewed during the pendency of 2414 procedures to adopt permanent rules addressing the subject of 2415 the emergency rules. 2416 Section 66.Section 570.831, Florida Statutes, is created 2417 to read: 2418 570.831Florida beef marketing program.The Cattle 2419 Enhancement Board, Inc., in coordination with the department, 2420 shall, subject to appropriation, establish a Florida beef 2421 marketing program to conduct research designed to expand the 2422 uses of beef and beef products and strengthen the market 2423 position of Floridas cattle industry through marketing 2424 campaigns and promotions within this state and the nation. 2425 Section 67.Subsections (2) and (5) of section 581.1843, 2426 Florida Statutes, are amended to read: 2427 581.1843Citrus nursery stock propagation and production 2428 and the establishment of regulated areas around citrus 2429 nurseries. 2430 (2)Effective January 1, 2007, it is unlawful for any 2431 person to propagate for sale or movement any citrus nursery 2432 stock that was not propagated or grown on a site and within a 2433 protective structure approved by the department and that is not 2434 at least 1 mile away from commercial citrus groves. A citrus 2435 nursery registered with the department prior to April 1, 2006, 2436 shall not be required to comply with the 1-mile setback from 2437 commercial citrus groves while continuously operating at the 2438 same location for which it was registered. However, the nursery 2439 shall be required to propagate citrus within a protective 2440 structure approved by the department. Effective January 1, 2008, 2441 it is shall be unlawful to distribute any citrus nursery stock 2442 that was not produced in a protective structure approved by the 2443 department. 2444 (5)The department shall establish regulated areas around 2445 the perimeter of commercial citrus nurseries that were 2446 established on sites after April 1, 2006, not to exceed a radius 2447 of 1 mile. The planting of citrus in an established regulated 2448 area is prohibited. The planting of citrus within a 1-mile 2449 radius of commercial citrus nurseries that were established on 2450 sites prior to April 1, 2006, must be approved by the 2451 department. Citrus plants planted within a regulated area prior 2452 to the establishment of the regulated area may remain in the 2453 regulated area unless the department determines the citrus 2454 plants to be infected or infested with citrus canker or citrus 2455 greening. The department shall require the removal of infected 2456 or infested citrus, nonapproved planted citrus, and citrus that 2457 has sprouted by natural means in regulated areas. The property 2458 owner shall be responsible for the removal of citrus planted 2459 without proper approval. Notice of the removal of citrus trees, 2460 by immediate final order of the department, shall be provided to 2461 the owner of the property on which the trees are located. An 2462 immediate final order issued by the department under this 2463 section shall notify the property owner that the citrus trees, 2464 which are the subject of the immediate final order, must be 2465 removed and destroyed unless the property owner, no later than 2466 10 days after delivery of the immediate final order, requests 2467 and obtains a stay of the immediate final order from the 2468 district court of appeal with jurisdiction to review such 2469 requests. The property owner shall not be required to seek a 2470 stay from the department of the immediate final order prior to 2471 seeking a stay from the district court of appeal. 2472 Section 68.Sections 593.101, 593.102, 593.103, 593.104, 2473 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111, 2474 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116, 2475 and 593.117, Florida Statutes, are repealed. 2476 Section 69.Subsection (11) of section 595.404, Florida 2477 Statutes, is amended to read: 2478 595.404School food and other nutrition programs; powers 2479 and duties of the department.The department has the following 2480 powers and duties: 2481 (11)To adopt and implement an appeal process by rule, as 2482 required by federal regulations, for applicants and participants 2483 under the programs implemented pursuant to this chapter, 2484 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss. 2485 120.569 and 120.57-120.595. 2486 Section 70.Section 599.002, Florida Statutes, is amended 2487 to read: 2488 599.002Florida Wine Viticulture Advisory Council. 2489 (1)There is created within the Department of Agriculture 2490 and Consumer Services the Florida Wine Viticulture Advisory 2491 Council, to be composed consist of eight members as follows: the 2492 president of the Florida Wine and Grape Growers Association 2493 Florida Grape Growers Association or a designee thereof; a 2494 representative from the Institute of Food and Agricultural 2495 Sciences; a representative from the viticultural science program 2496 at Florida Agricultural and Mechanical University; and five 2497 additional commercial members, to be appointed for a 2-year term 2498 each by the Commissioner of Agriculture, including a wine 2499 producer, a fresh fruit producer, a nonwine product (juice, 2500 jelly, pie fillings, etc.) producer, and a viticultural nursery 2501 operator. 2502 (2)The meetings, powers and duties, procedures, and 2503 recordkeeping of the Florida Wine Viticulture Advisory Council 2504 shall be pursuant to s. 570.232. 2505 (3)The primary responsibilities of the Florida Wine 2506 Viticulture Advisory Council are to submit to the Commissioner 2507 of Agriculture, annually, the industrys recommendations for 2508 wine and viticultural research, promotion, and education and, as 2509 necessary, the industrys recommendations for revisions to the 2510 State Wine Viticulture Plan. 2511 Section 71.Section 599.003, Florida Statutes, is amended 2512 to read: 2513 599.003State Wine Viticulture Plan. 2514 (1)The Commissioner of Agriculture, in consultation with 2515 the Florida Wine Viticulture Advisory Council, shall develop and 2516 coordinate the implementation of the State Wine Viticulture 2517 Plan, which shall identify problems and constraints of the wine 2518 and viticulture industry, propose possible solutions to those 2519 problems, and develop planning mechanisms for the orderly growth 2520 of the industry, including: 2521 (a)Criteria for wine and viticultural research, service, 2522 and management priorities. 2523 (b)Additional proposed legislation that may be required. 2524 (c)Plans and goals to improve research and service 2525 capabilities at Florida Agricultural and Mechanical University 2526 and the University of Florida in their efforts to address 2527 current and future needs of the industry. 2528 (d)The potential for viticulture products in terms of 2529 market and needs for development. 2530 (e)Evaluation of wine policy alternatives, including, but 2531 not limited to, continued improvement in wine quality, blending 2532 considerations, promotion and advertising, labeling and vineyard 2533 designations, and development of production and marketing 2534 strategies. 2535 (f)Evaluation of production and fresh fruit policy 2536 alternatives, including, but not limited to, setting minimum 2537 grades and standards, promotion and advertising, development of 2538 production and marketing strategies, and setting minimum 2539 standards on types and quality of nursery plants. 2540 (g)Evaluation of policy alternatives for nonwine processed 2541 products, including, but not limited to, setting minimum quality 2542 standards and development of production and marketing 2543 strategies. 2544 (h)Research and service priorities for further development 2545 of the wine and viticulture industry. 2546 (i)The identification of state agencies and public and 2547 private institutions concerned with research, education, 2548 extension, services, planning, promotion, and marketing 2549 functions related to wine and viticultural development and the 2550 delineation of contributions and responsibilities. 2551 (j)Business planning, investment potential, financial 2552 risks, and economics of production and utilization. 2553 (2)A revision and update of the State Wine Viticulture 2554 Plan must shall be submitted biennially to the President of the 2555 Senate, the Speaker of the House of Representatives, and the 2556 chairs of appropriate committees of the Senate and House of 2557 Representatives, and a progress report and budget request must 2558 shall be submitted annually. 2559 Section 72.Paragraph (a) of subsection (2) and subsection 2560 (3) of section 599.004, Florida Statutes, are amended, and 2561 paragraph (d) is added to subsection (2) of that section, to 2562 read: 2563 599.004Florida Farm Winery Program; registration; logo; 2564 fees. 2565 (2)(a)The department, in coordination with the Florida 2566 Wine Viticulture Advisory Council, shall develop and designate 2567 by rule a Florida Farm Winery logo, emblem, and directional sign 2568 to guide the public to certified Florida Farm Wineries Winery 2569 tourist attractions. The logo and emblem of certified Florida 2570 Farm Winery signs must shall be uniform. 2571 (d)Wineries that fail to recertify annually or pay the 2572 licensing fee required in paragraph (c) are subject to having 2573 the signs referenced in paragraph (b) removed and will be 2574 responsible for all costs incurred by the Department of 2575 Transportation in connection with the removal. 2576 (3)All fees collected, except as otherwise provided by 2577 this section, shall be deposited into the Florida Wine 2578 Viticulture Trust Fund and used to develop consumer information 2579 on the native characteristics and proper use of wines. 2580 Section 73.Section 599.012, Florida Statutes, is amended 2581 to read: 2582 599.012Florida Wine Viticulture Trust Fund; creation. 2583 (1)There is established the Florida Wine Viticulture Trust 2584 Fund within the Department of Agriculture and Consumer Services. 2585 The department shall use the moneys deposited in the trust fund 2586 pursuant to subsection (2) to do all the following: 2587 (a)Develop and coordinate the implementation of the State 2588 Viticulture Plan. 2589 (b)Promote viticulture products manufactured from products 2590 grown in the state. 2591 (c)Provide grants for viticultural research. 2592 (2)Fifty percent of the revenues collected from the excise 2593 taxes imposed under s. 564.06 on wine produced by manufacturers 2594 in this state from products grown in the state will be deposited 2595 in the Florida Wine Viticulture Trust Fund in accordance with 2596 that section. 2597 Section 74.Subsection (1) of section 616.12, Florida 2598 Statutes, is amended to read: 2599 616.12Licenses upon certain shows; distribution of fees; 2600 exemptions. 2601 (1)Each person who operates any traveling show, 2602 exhibition, amusement enterprise, carnival, vaudeville, exhibit, 2603 minstrel, rodeo, theatrical, game or test of skill, riding 2604 device, dramatic repertoire, other show or amusement, or 2605 concession, including a concession operating in a tent, 2606 enclosure, or other temporary structure, within the grounds of, 2607 and in connection with, any annual public fair held by a fair 2608 association shall pay the license taxes provided by law. 2609 However, if the association satisfies the requirements of this 2610 chapter, including securing the required fair permit from the 2611 department, the license taxes and local business tax authorized 2612 in chapter 205 are waived and the department shall issue a tax 2613 exemption certificate. The department shall adopt the proper 2614 forms and rules to administer this section, including the 2615 necessary tax exemption certificate, showing that the fair 2616 association has met all requirements and that the traveling 2617 show, exhibition, amusement enterprise, carnival, vaudeville, 2618 exhibit, minstrel, rodeo, theatrical, game or test of skill, 2619 riding device, dramatic repertoire, other show or amusement, or 2620 concession is exempt. 2621 Section 75.Section 687.16, Florida Statutes, is created to 2622 read: 2623 687.16Florida Farmer Financial Protection Act. 2624 (1)SHORT TITLE.This section may be cited as the Florida 2625 Farmer Financial Protection Act. 2626 (2)DEFINITIONS.As used in this section, the term: 2627 (a)Agriculture producer means a person or company 2628 authorized to do business in this state and engaged in the 2629 production of goods derived from plants or animals, including, 2630 but not limited to, the growing of crops, silviculture, animal 2631 husbandry, or the production of livestock or dairy products. 2632 (b)Agritourism activity has the same meaning as provided 2633 in s. 570.86. 2634 (c)Commissioner means the Commissioner of Agriculture. 2635 (d)Company means a for-profit organization, association, 2636 corporation, partnership, joint venture, sole proprietorship, 2637 limited partnership, limited liability partnership, or limited 2638 liability company, including a wholly owned subsidiary, 2639 majority-owned subsidiary, parent company, or affiliate of those 2640 entities or business associations authorized to do business in 2641 this state. 2642 (e)Denies or restricts means refusing to provide 2643 services, terminating existing services, or restricting or 2644 burdening the scope or nature of services offered or provided. 2645 (f)Discriminate in the provision of financial services 2646 means to deny or restrict services and thereby decline to 2647 provide financial services. 2648 (g)ESG factor means any factor or consideration that is 2649 collateral to or not reasonably likely to affect or impact 2650 financial risk and includes the promotion, furtherance, or 2651 achievement of environmental, social, or political goals, 2652 objectives, or outcomes, which may include the agriculture 2653 producers greenhouse gas emissions, use of fossil-fuel derived 2654 fertilizer, or use of fossil-fuel powered machinery. 2655 (h)Farm means the land, buildings, support facilities, 2656 machinery, and other appurtenances used in the production of 2657 farm or aquaculture products. 2658 (i)Financial institution means a company authorized to 2659 do business in this state which has total assets of more than 2660 $100 million and offers financial services. A financial 2661 institution includes any affiliate or subsidiary company, even 2662 if that affiliate or subsidiary company is also a financial 2663 institution. 2664 (j)Financial service means any product or service that 2665 is of a financial nature and is offered by a financial 2666 institution. 2667 (3)FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS. 2668 (a)A financial institution may not discriminate in the 2669 provision of financial services to an agriculture producer 2670 based, in whole or in part, upon an ESG factor. 2671 (b)If a financial institution has made any ESG commitment 2672 related to agriculture, there is an inference that the 2673 institutions denial or restriction of a financial service to an 2674 agriculture producer violates paragraph (a). 2675 (c)A financial institution may overcome the inference in 2676 paragraph (b) by demonstrating that its denial or restriction of 2677 a financial service was based solely on documented risk 2678 analysis, and not on any ESG factor. 2679 (4)ENFORCEMENT; COMPENSATORY DAMAGES.The Attorney 2680 General, in consultation with the Office of Financial 2681 Regulation, is authorized to enforce subsection (3). Any 2682 violation of subsection (3) constitutes an unfair trade practice 2683 under part II of chapter 501 and the Attorney General is 2684 authorized to investigate and seek remedies as provided in 2685 general law. Actions for damages may be sought by an aggrieved 2686 party. 2687 Section 76.Paragraph (a) of subsection (3) of section 2688 741.0305, Florida Statutes, is amended to read: 2689 741.0305Marriage fee reduction for completion of 2690 premarital preparation course. 2691 (3)(a)All individuals electing to participate in a 2692 premarital preparation course shall choose from the following 2693 list of qualified instructors: 2694 1.A psychologist licensed under chapter 490. 2695 2.A clinical social worker licensed under chapter 491. 2696 3.A marriage and family therapist licensed under chapter 2697 491. 2698 4.A mental health counselor licensed under chapter 491. 2699 5.An official representative of a religious institution 2700 which is recognized under s. 496.404 s. 496.404(23), if the 2701 representative has relevant training. 2702 6.Any other provider designated by a judicial circuit, 2703 including, but not limited to, school counselors who are 2704 certified to offer such courses. Each judicial circuit may 2705 establish a roster of area course providers, including those who 2706 offer the course on a sliding fee scale or for free. 2707 Section 77.Paragraph (h) of subsection (2), subsection 2708 (3), paragraph (c) of subsection (6), and subsection (10) of 2709 section 790.06, Florida Statutes, are amended to read: 2710 790.06License to carry concealed weapon or concealed 2711 firearm. 2712 (2)The Department of Agriculture and Consumer Services 2713 shall issue a license if the applicant: 2714 (h)Demonstrates competence with a firearm by any one of 2715 the following: 2716 1.Completion of any hunter education or hunter safety 2717 course approved by the Fish and Wildlife Conservation Commission 2718 or a similar agency of another state; 2719 2.Completion of any National Rifle Association firearms 2720 safety or training course; 2721 3.Completion of any firearms safety or training course or 2722 class available to the general public offered by a law 2723 enforcement agency, junior college, college, or private or 2724 public institution or organization or firearms training school, 2725 using instructors certified by the National Rifle Association, 2726 Criminal Justice Standards and Training Commission, or the 2727 Department of Agriculture and Consumer Services; 2728 4.Completion of any law enforcement firearms safety or 2729 training course or class offered for security guards, 2730 investigators, special deputies, or any division or subdivision 2731 of a law enforcement agency or security enforcement; 2732 5.Presents evidence of equivalent experience with a 2733 firearm through participation in organized shooting competition 2734 or United States military service; 2735 6.Is licensed or has been licensed to carry a concealed 2736 weapon or concealed firearm in this state or a county or 2737 municipality of this state, unless such license has been revoked 2738 for cause; or 2739 7.Completion of any firearms training or safety course or 2740 class conducted by a state-certified or National Rifle 2741 Association certified firearms instructor; 2742 2743 A photocopy of a certificate of completion of any of the courses 2744 or classes; an affidavit from the instructor, school, club, 2745 organization, or group that conducted or taught such course or 2746 class attesting to the completion of the course or class by the 2747 applicant; or a copy of any document that shows completion of 2748 the course or class or evidences participation in firearms 2749 competition shall constitute evidence of qualification under 2750 this paragraph. A person who conducts a course pursuant to 2751 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as 2752 an instructor, attests to the completion of such courses, must 2753 maintain records certifying that he or she observed the student 2754 safely handle and discharge the firearm in his or her physical 2755 presence and that the discharge of the firearm included live 2756 fire using a firearm and ammunition as defined in s. 790.001; 2757 (3)(a)The Department of Agriculture and Consumer Services 2758 shall deny a license if the applicant has been found guilty of, 2759 had adjudication of guilt withheld for, or had imposition of 2760 sentence suspended for one or more crimes of violence 2761 constituting a misdemeanor, unless 3 years have elapsed since 2762 probation or any other conditions set by the court have been 2763 fulfilled or the record has been sealed or expunged. The 2764 Department of Agriculture and Consumer Services shall revoke a 2765 license if the licensee has been found guilty of, had 2766 adjudication of guilt withheld for, or had imposition of 2767 sentence suspended for one or more crimes of violence within the 2768 preceding 3 years. The department shall, upon notification by a 2769 law enforcement agency, a court, clerks office, or the Florida 2770 Department of Law Enforcement and subsequent written 2771 verification, temporarily suspend a license or the processing of 2772 an application for a license if the licensee or applicant is 2773 arrested or formally charged with a crime that would disqualify 2774 such person from having a license under this section, until 2775 final disposition of the case. The department shall suspend a 2776 license or the processing of an application for a license if the 2777 licensee or applicant is issued an injunction that restrains the 2778 licensee or applicant from committing acts of domestic violence 2779 or acts of repeat violence. The department shall notify the 2780 licensee or applicant suspended under this section of his or her 2781 right to a hearing pursuant to chapter 120. If the criminal case 2782 or injunction results in a nondisqualifying disposition and the 2783 applicant or licensee is otherwise eligible, the suspension 2784 shall end. The department must issue an order confirming the end 2785 of the suspension within 90 days after the applicant or 2786 licensees submission to the department of a copy of the final 2787 resolution of the criminal case or injunction. The copy provided 2788 to the department must be sent through electronic or certified 2789 mail to a location that shall be specified on the notice of 2790 suspension received by the licensee or applicant. If the 2791 criminal case or injunction results in a disqualifying 2792 disposition, the suspension must remain in effect and the 2793 department must proceed with denial or revocation proceedings 2794 pursuant to chapter 120. 2795 (b)This subsection may not be construed to limit, 2796 restrict, or inhibit the constitutional right to bear arms and 2797 carry a concealed weapon in this state. The Legislature finds it 2798 a matter of public policy and public safety that it is necessary 2799 to ensure that potentially disqualifying information about an 2800 applicant or licensee is investigated and processed in a timely 2801 manner by the department pursuant to this section. The 2802 Legislature intends to clarify that suspensions pursuant to this 2803 section are temporary, and the department has the duty to make 2804 an eligibility determination and issue a license in the time 2805 frame prescribed in this subsection. 2806 (6) 2807 (c)The Department of Agriculture and Consumer Services 2808 shall, within 90 days after the date of receipt of the items 2809 listed in subsection (5): 2810 1.Issue the license; or 2811 2.Deny the application based solely on the ground that the 2812 applicant fails to qualify under the criteria listed in 2813 subsection (2) or subsection (3). If the Department of 2814 Agriculture and Consumer Services denies the application, it 2815 shall notify the applicant in writing, stating the ground for 2816 denial and informing the applicant of any right to a hearing 2817 pursuant to chapter 120. 2818 3.In the event the result of the criminal history 2819 screening identifies department receives criminal history 2820 information related to a crime that may disqualify the applicant 2821 but does not contain with no final disposition of the crime or 2822 lacks sufficient information to make an eligibility 2823 determination on a crime which may disqualify the applicant, the 2824 time limitation prescribed by this paragraph may be extended for 2825 up to an additional 45 days after the receipt of the information 2826 suspended until receipt of the final disposition or proof of 2827 restoration of civil and firearm rights. The department may make 2828 a request for information to the jurisdiction where the criminal 2829 history information originated but must issue a license if it 2830 does not obtain a disposition or sufficient information to make 2831 an eligibility determination within the additional 45 days if 2832 the applicant is otherwise eligible. The department may take any 2833 action authorized in this section if it receives disqualifying 2834 criminal history information during the additional 45-day review 2835 period or after issuance of a license. 2836 (10)A license issued under this section must shall be 2837 temporarily suspended as provided for in subparagraph (6)(c)3., 2838 or revoked pursuant to chapter 120 if the license was issued in 2839 error or if the licensee: 2840 (a)Is found to be ineligible under the criteria set forth 2841 in subsection (2); 2842 (b)Develops or sustains a physical infirmity which 2843 prevents the safe handling of a weapon or firearm; 2844 (c)Is convicted of a felony which would make the licensee 2845 ineligible to possess a firearm pursuant to s. 790.23; 2846 (d)Is found guilty of a crime under chapter 893, or 2847 similar laws of any other state, relating to controlled 2848 substances; 2849 (e)Is committed as a substance abuser under chapter 397, 2850 or is deemed a habitual offender under s. 856.011(3), or similar 2851 laws of any other state; 2852 (f)Is convicted of a second violation of s. 316.193, or a 2853 similar law of another state, within 3 years after a first 2854 conviction of such section or similar law of another state, even 2855 though the first violation may have occurred before the date on 2856 which the application was submitted; 2857 (g)Is adjudicated an incapacitated person under s. 2858 744.331, or similar laws of any other state; or 2859 (h)Is committed to a mental institution under chapter 394, 2860 or similar laws of any other state. 2861 2862 Notwithstanding s. 120.60(5), service of a notice of the 2863 suspension or revocation of a concealed weapon or concealed 2864 firearm license must be given by either certified mail, return 2865 receipt requested, to the licensee at his or her last known 2866 mailing address furnished to the Department of Agriculture and 2867 Consumer Services, or by personal service. If a notice given by 2868 certified mail is returned as undeliverable, a second attempt 2869 must be made to provide notice to the licensee at that address, 2870 by either first-class mail in an envelope, postage prepaid, 2871 addressed to the licensee at his or her last known mailing 2872 address furnished to the department, or, if the licensee has 2873 provided an e-mail address to the department, by e-mail. Such 2874 mailing by the department constitutes notice, and any failure by 2875 the licensee to receive such notice does not stay the effective 2876 date or term of the suspension or revocation. A request for 2877 hearing must be filed with the department within 21 days after 2878 notice is received by personal delivery, or within 26 days after 2879 the date the department deposits the notice in the United States 2880 mail (21 days plus 5 days for mailing). The department shall 2881 document its attempts to provide notice, and such documentation 2882 is admissible in the courts of this state and constitutes 2883 sufficient proof that notice was given. 2884 Section 78.Subsection (2) of section 812.0151, Florida 2885 Statutes, is amended to read: 2886 812.0151Retail fuel theft. 2887 (2)(a)A person commits a felony of the third degree, 2888 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2889 if he or she willfully, knowingly, and without authorization: 2890 1.Breaches a retail fuel dispenser or accesses any 2891 internal portion of a retail fuel dispenser; or 2892 2.Possesses any device constructed for the purpose of 2893 fraudulently altering, manipulating, or interrupting the normal 2894 functioning of a retail fuel dispenser. 2895 (b)A person commits a felony of the second degree, 2896 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2897 if he or she willfully, knowingly, and without authorization: 2898 1.Physically tampers with, manipulates, removes, replaces, 2899 or interrupts any mechanical or electronic component located on 2900 within the internal or external portion of a retail fuel 2901 dispenser; or 2902 2.Uses any form of electronic communication to 2903 fraudulently alter, manipulate, or interrupt the normal 2904 functioning of a retail fuel dispenser. 2905 (c)A person commits a felony of the third degree, 2906 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 2907 if he or she: 2908 1.Obtains fuel as a result of violating paragraph (a) or 2909 paragraph (b); or 2910 2.Modifies a vehicles factory installed fuel tank or 2911 possesses any item used to hold fuel which was not fitted to a 2912 vehicle or conveyance at the time of manufacture with the intent 2913 to use such fuel tank or item to hold or transport fuel obtained 2914 as a result of violating paragraph (a) or paragraph (b); or 2915 3.Possesses or uses any form of a payment instrument that 2916 can be used, alone or in conjunction with another access device, 2917 to authorize a fuel transaction or obtain fuel, including, but 2918 not limited to, a plastic payment card with a magnetic stripe or 2919 a chip encoded with account information or both, with the intent 2920 to defraud the fuel retailer, the authorized payment instrument 2921 financial account holder, or the banking institution that issued 2922 the payment instrument financial account. 2923 Section 79.Section 812.136, Florida Statutes, is created 2924 to read: 2925 812.136Mail theft. 2926 (1)As used in this section, unless the context otherwise 2927 requires: 2928 (a)Mail means any letter, postal card, parcel, envelope, 2929 package, bag, or any other sealed article addressed to another, 2930 along with its contents. 2931 (b)Mail depository means a mail box, letter box, mail 2932 route, or mail receptacle of a postal service, an office of a 2933 postal service, or mail carrier of a postal service, or a 2934 vehicle of a postal service or any other authorized receptacle. 2935 (c)Postal service means the United States Postal Service 2936 or its contractors, or any commercial courier that delivers 2937 mail. 2938 (2)Any of the following acts constitutes mail theft: 2939 (a)Knowingly removing mail from a mail depository or 2940 taking mail from a mail carrier of a postal service with an 2941 intent to either temporarily or permanently: 2942 1.Deprive the intended recipient of such mail of his or 2943 her right to the mail. 2944 2.Appropriate the mail to his or her own use or the use of 2945 any person not entitled to the use of such mail. 2946 (b)Knowingly obtaining custody of mail by fraud or 2947 deception with an intent to either temporarily or permanently: 2948 1.Deprive the intended recipient of such mail of his or 2949 her right to the mail. 2950 2.Appropriate the mail to his or her own use or the use of 2951 any person not entitled to the use of the mail. 2952 (c)Selling, receiving, possessing, transferring, buying, 2953 or concealing mail in violation of paragraph (a) or paragraph 2954 (b) of this subsection, while knowing or having reason to know 2955 the mail was obtained illegally. 2956 (3)Any of the following constitutes theft of or 2957 unauthorized reproduction of a mail depository key or lock: 2958 (a)Knowingly obtaining or using, or endeavoring to obtain 2959 or use, any key or lock used by a postal service for a mail 2960 depository with the intent to either temporarily or permanently: 2961 1.Deprive the owner of such key or lock of his or her 2962 right to such key or lock. 2963 2.Appropriate the key or lock to his or her own use or the 2964 use of any person not entitled to the use of such key or lock. 2965 (b)Knowingly and unlawfully making, forging, or 2966 counterfeiting any such key or possessing any such key or lock 2967 adopted by a postal service with the intent to unlawfully or 2968 improperly use, sell, or otherwise dispose of the key or lock, 2969 or to cause the key or lock to be unlawfully or improperly used, 2970 sold, or otherwise disposed. 2971 (c)Selling, receiving, possessing, transferring, buying, 2972 or concealing a key or lock obtained in violation of paragraph 2973 (a) or paragraph (b) while knowing or having reason to know such 2974 key or lock was obtained illegally. 2975 (4)(a)Except as provided in paragraph (b), a violation of 2976 this section is a misdemeanor of the first degree, punishable as 2977 provided in s. 775.082 or s. 775.083. 2978 (b)A second or subsequent violation of this section is a 2979 felony of the third degree, punishable as provided in s. 775.082 2980 or s. 775.084. 2981 Section 80.Paragraph (i) of subsection (4) of section 2982 934.50, Florida Statutes, is amended, and a new paragraph (q) is 2983 added to that subsection, to read: 2984 934.50Searches and seizure using a drone. 2985 (4) EXCEPTIONS.This section does not prohibit the use of a 2986 drone: 2987 (i) By a person or an entity engaged in a business or 2988 profession licensed by the state, or by an agent, employee, or 2989 contractor thereof, if the drone is used only to perform 2990 reasonable tasks within the scope of practice or activities 2991 permitted under such persons or entitys license. However, this 2992 exception does not apply to a profession in which the licensees 2993 authorized scope of practice includes obtaining information 2994 about the identity, habits, conduct, movements, whereabouts, 2995 affiliations, associations, transactions, reputation, or 2996 character of any society, person, or group of persons. 2997 (q)By a local governmental entity, or a person under 2998 contract with or acting under the direction of such entity, for 2999 the purpose of managing and eradicating plant or animal diseases 3000 or activities consistent with chapters 369, 388, and 487. 3001 Section 81.Section 1013.373, Florida Statutes, is created 3002 to read: 3003 1013.373Educational facilities used for agricultural 3004 education. 3005 (1)Notwithstanding any other provision of law, a local 3006 government may not adopt any ordinance, regulation, rule, or 3007 policy to prohibit, restrict, regulate, or otherwise limit any 3008 activities of public educational facilities and auxiliary 3009 facilities constructed by a board for agricultural education, 3010 for Future Farmers of America or 4-H activities, or the storage 3011 of any animal or equipment therein. 3012 (2)Lands used for agricultural education or for Future 3013 Farmers of America or 4-H activities are considered agricultural 3014 lands pursuant to s. 193.461 and subject to s. 823.14. 3015 Section 82.For the purpose of incorporating the amendment 3016 made by this act to section 110.205, Florida Statutes, in a 3017 reference thereto, paragraph (a) of subsection (5) of section 3018 295.07, Florida Statutes, is reenacted to read: 3019 295.07Preference in appointment and retention. 3020 (5)The following positions are exempt from this section: 3021 (a)Those positions that are exempt from the state Career 3022 Service System under s. 110.205(2); however, all positions under 3023 the University Support Personnel System of the State University 3024 System as well as all Career Service System positions under the 3025 Florida College System and the School for the Deaf and the 3026 Blind, or the equivalent of such positions at state 3027 universities, Florida College System institutions, or the School 3028 for the Deaf and the Blind, are not exempt. 3029 Section 83.For the purpose of incorporating the amendment 3030 made by this act to section 388.271, Florida Statutes, in a 3031 reference thereto, paragraph (a) of subsection (1) of section 3032 189.062, Florida Statutes, is reenacted to read: 3033 189.062Special procedures for inactive districts. 3034 (1)The department shall declare inactive any special 3035 district in this state by documenting that: 3036 (a)The special district meets one of the following 3037 criteria: 3038 1.The registered agent of the district, the chair of the 3039 governing body of the district, or the governing body of the 3040 appropriate local general-purpose government notifies the 3041 department in writing that the district has taken no action for 3042 2 or more years; 3043 2.The registered agent of the district, the chair of the 3044 governing body of the district, or the governing body of the 3045 appropriate local general-purpose government notifies the 3046 department in writing that the district has not had a governing 3047 body or a sufficient number of governing body members to 3048 constitute a quorum for 2 or more years; 3049 3.The registered agent of the district, the chair of the 3050 governing body of the district, or the governing body of the 3051 appropriate local general-purpose government fails to respond to 3052 an inquiry by the department within 21 days; 3053 4.The department determines, pursuant to s. 189.067, that 3054 the district has failed to file any of the reports listed in s. 3055 189.066; 3056 5.The district has not had a registered office and agent 3057 on file with the department for 1 or more years; 3058 6.The governing body of a special district provides 3059 documentation to the department that it has unanimously adopted 3060 a resolution declaring the special district inactive. The 3061 special district is responsible for payment of any expenses 3062 associated with its dissolution; 3063 7.The district is an independent special district or a 3064 community redevelopment district created under part III of 3065 chapter 163 that has reported no revenue, no expenditures, and 3066 no debt under s. 189.016(9) or s. 218.32 for at least 5 3067 consecutive fiscal years beginning no earlier than October 1, 3068 2018. This subparagraph does not apply to a community 3069 development district established under chapter 190 or to any 3070 independent special district operating pursuant to a special act 3071 that provides that any amendment to chapter 190 to grant 3072 additional powers constitutes a power of that district; or 3073 8.For a mosquito control district created pursuant to 3074 chapter 388, the department has received notice from the 3075 Department of Agriculture and Consumer Services that the 3076 district has failed to file a tentative work plan and tentative 3077 detailed work plan budget as required by s. 388.271. 3078 Section 84.For the purpose of incorporating the amendment 3079 made by this act to section 482.161, Florida Statutes, in a 3080 reference thereto, paragraph (b) of subsection (3) of section 3081 482.072, Florida Statutes, is reenacted to read: 3082 482.072Pest control customer contact centers. 3083 (3) 3084 (b)Notwithstanding any other provision of this section: 3085 1.A customer contact center licensee is subject to 3086 disciplinary action under s. 482.161 for a violation of this 3087 section or a rule adopted under this section committed by a 3088 person who solicits pest control services or provides customer 3089 service in a customer contact center. 3090 2.A pest control business licensee may be subject to 3091 disciplinary action under s. 482.161 for a violation of this 3092 section or a rule adopted under this section committed by a 3093 person who solicits pest control services or provides customer 3094 service in a customer contact center operated by a licensee if 3095 the licensee participates in the violation. 3096 Section 85.For the purpose of incorporating the amendment 3097 made by this act to section 482.161, Florida Statutes, in a 3098 reference thereto, section 482.163, Florida Statutes, is 3099 reenacted to read: 3100 482.163Responsibility for pest control activities of 3101 employee.Proper performance of pest control activities by a 3102 pest control business employee is the responsibility not only of 3103 the employee but also of the certified operator in charge, and 3104 the certified operator in charge may be disciplined pursuant to 3105 the provisions of s. 482.161 for the pest control activities of 3106 an employee. A licensee may not automatically be considered 3107 responsible for violations made by an employee. However, the 3108 licensee may not knowingly encourage, aid, or abet violations of 3109 this chapter. 3110 Section 86.For the purpose of incorporating the amendment 3111 made by this act to section 487.044, Florida Statutes, in a 3112 reference thereto, section 487.156, Florida Statutes, is 3113 reenacted to read: 3114 487.156Governmental agencies.All governmental agencies 3115 shall be subject to the provisions of this part and rules 3116 adopted under this part. Public applicators using or supervising 3117 the use of restricted-use pesticides shall be subject to 3118 examination as provided in s. 487.044. 3119 Section 87.For the purpose of incorporating the amendment 3120 made by this act to section 496.405, Florida Statutes, in a 3121 reference thereto, subsection (2) of section 496.4055, Florida 3122 Statutes, is reenacted to read: 3123 496.4055Charitable organization or sponsor board duties. 3124 (2)The board of directors, or an authorized committee 3125 thereof, of a charitable organization or sponsor required to 3126 register with the department under s. 496.405 shall adopt a 3127 policy regarding conflict of interest transactions. The policy 3128 shall require annual certification of compliance with the policy 3129 by all directors, officers, and trustees of the charitable 3130 organization. A copy of the annual certification shall be 3131 submitted to the department with the annual registration 3132 statement required by s. 496.405. 3133 Section 88.For the purpose of incorporating the amendment 3134 made by this act to section 496.405, Florida Statutes, in 3135 references thereto, subsections (2) and (4) of section 496.406, 3136 Florida Statutes, are reenacted to read: 3137 496.406Exemption from registration. 3138 (2)Before soliciting contributions, a charitable 3139 organization or sponsor claiming to be exempt from the 3140 registration requirements of s. 496.405 under paragraph (1)(d) 3141 must submit annually to the department, on forms prescribed by 3142 the department: 3143 (a)The name, street address, and telephone number of the 3144 charitable organization or sponsor, the name under which it 3145 intends to solicit contributions, the purpose for which it is 3146 organized, and the purpose or purposes for which the 3147 contributions to be solicited will be used. 3148 (b)The tax exempt status of the organization. 3149 (c)The date on which the organizations fiscal year ends. 3150 (d)The names, street addresses, and telephone numbers of 3151 the individuals or officers who have final responsibility for 3152 the custody of the contributions and who will be responsible for 3153 the final distribution of the contributions. 3154 (e)A financial statement of support, revenue, and expenses 3155 and a statement of functional expenses that must include, but 3156 not be limited to, expenses in the following categories: 3157 program, management and general, and fundraising. In lieu of the 3158 financial statement, a charitable organization or sponsor may 3159 submit a copy of its Internal Revenue Service Form 990 and all 3160 attached schedules or Internal Revenue Service Form 990-EZ and 3161 Schedule O. 3162 (4)Exemption from the registration requirements of s. 3163 496.405 does not limit the applicability of other provisions of 3164 this section to a charitable organization or sponsor. 3165 Section 89.For the purpose of incorporating the amendment 3166 made by this act to section 500.12, Florida Statutes, in a 3167 reference thereto, paragraph (a) of subsection (1) of section 3168 500.80, Florida Statutes, is reenacted to read: 3169 500.80Cottage food operations. 3170 (1)(a)A cottage food operation must comply with the 3171 applicable requirements of this chapter but is exempt from the 3172 permitting requirements of s. 500.12 if the cottage food 3173 operation complies with this section and has annual gross sales 3174 of cottage food products that do not exceed $250,000. 3175 Section 90.For the purpose of incorporating the amendment 3176 made by this act to section 500.172, Florida Statutes, in a 3177 reference thereto, subsection (6) of section 500.121, Florida 3178 Statutes, is reenacted to read: 3179 500.121Disciplinary procedures. 3180 (6)If the department determines that a food offered in a 3181 food establishment is labeled with nutrient claims that are in 3182 violation of this chapter, the department shall retest or 3183 reexamine the product within 90 days after notification to the 3184 manufacturer and to the firm at which the product was collected. 3185 If the product is again found in violation, the department shall 3186 test or examine the product for a third time within 60 days 3187 after the second notification. The product manufacturer shall 3188 reimburse the department for the cost of the third test or 3189 examination. If the product is found in violation for a third 3190 time, the department shall exercise its authority under s. 3191 500.172 and issue a stop-sale or stop-use order. The department 3192 may impose additional sanctions for violations of this 3193 subsection. 3194 Section 91.For the purpose of incorporating the amendment 3195 made by this act to section 790.06, Florida Statutes, in a 3196 reference thereto, section 790.061, Florida Statutes, is 3197 reenacted to read: 3198 790.061Judges and justices; exceptions from licensure 3199 provisions.A county court judge, circuit court judge, district 3200 court of appeal judge, justice of the supreme court, federal 3201 district court judge, or federal court of appeals judge serving 3202 in this state is not required to comply with the provisions of 3203 s. 790.06 in order to receive a license to carry a concealed 3204 weapon or firearm, except that any such justice or judge must 3205 comply with the provisions of s. 790.06(2)(h). The Department of 3206 Agriculture and Consumer Services shall issue a license to carry 3207 a concealed weapon or firearm to any such justice or judge upon 3208 demonstration of competence of the justice or judge pursuant to 3209 s. 790.06(2)(h). 3210 Section 92.Except as otherwise expressly provided in this 3211 act, this act shall take effect July 1, 2025