Meeting Packet — Florida House Housing, Agriculture & Tourism Subcommittee (March 18, 2025)
Summary
The meeting packet of the Housing, Agriculture & Tourism Subcommittee of the Florida House of Representatives Commerce Committee for Tuesday, March 18, 2025, 3:00 PM - 6:00 PM. The agenda lists HB 365 Rent of Affordable Housing Dwelling Units, CS/HB 615 Electronic Delivery of Notices to Tenants and HB 1157 Verification of Reemployment Assistance Benefit Eligibility, among other bills. The bill analysis of HB 365 states that the bill prohibits a landlord from increasing the rent of a qualifying affordable housing unit during the term of a rental agreement, with an effective date of July 1, 2025. A March 18, 2025 amendment summary for HB 1157 says Amendment 1 deletes section 4 of that bill.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Meeting Packet — Florida House Housing, Agriculture & Tourism Subcommittee (March 18, 2025).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-03-18-3287-housing-agriculture-tourism-subcommittee-meeting-packe-ed1e690048/
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Housing, Agriculture & Tourism
Subcommittee
Tuesday, March 18, 2025
3:00 PM - 6:00 PM
Morris Hall (17 HOB)
Meeting Packet
Daniel Perez Michelle Salzman
Speaker Chair
The Florida House of Representatives
Commerce Committee
Housing, Agriculture & Tourism Subcommittee
Daniel Perez Michelle Salzman
Speaker Chair
Meeting Agenda
Tuesday, March 18, 2025
3:00 pm – 6:00 pm
Morris Hall (17 HOB)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 365 Rent of Affordable Housing Dwelling Units by Tendrich
• HB 381 Issuance of Address and Individual Parcel Identification Numbers by
Holcomb
• CS/HB 615 Electronic Delivery of Notices to Tenants by Civil Justice & Claims
Subcommittee, Esposito
• HB 651 Department of Agriculture and Consumer Services by Tuck, Alvarez, D.
• HB 665 Local Government Impact Fees and Development Permits and Orders by
Steele
• HB 1157 Verification of Reemployment Assistance Benefit Eligibility by Abbott
V. Closing Remarks
VI. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 365
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 365 COMPANION BILL: SB 382 (Bernard)
TITLE: Rent of Affordable Housing Dwelling Units LINKED BILLS: None
SPONSOR(S): Tendrich RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Civil Justice & Claims Commerce
SUMMARY
Effect of the Bill:
The bill prohibits a landlord from increasing the rent of a unit during the term of a rental agreement if:
The unit qualifies as affordable housing; and
The landlord has received federal, state, or local funding or tax incentives because of the unit’s status as
affordable housing.
However, the bill does not prohibit such landlords from increasing the rent when the tenant is renewing the rental
agreement.
Fiscal or Economic Impact:
The bill has an indeterminate impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Prohibition on Rent Increases
The bill amends the Florida Residential Landlord and Tenant Act. Under the bill, a landlord of a dwelling unit that
qualifies as affordable housing, and who has received federal, state, or local funding or tax incentives because of the
unit’s status as affordable housing, may not increase the rent of such unit during the term of a rental agreement.
In effect, the bill protects tenants who live in affordable housing units, and whose landlords receive funding or
incentives because of the unit’s status as affordable housing, from any increases, whether anticipated or not, in the
amount to pay for rent during the term of a rental agreement.
Scope of the Prohibition
The bill expressly provides that the prohibition on rent increases does not apply when the tenant is renewing his
or her rental agreement. This means the landlord could only increase the rent for an affordable housing unit when
the rental agreement is up for renewal. At that point, the landlord and tenant could enter into negotiations for any
increase in rent.
The effective date of the bill is July 1, 2025.
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill has an indeterminate positive impact on the private sector. The bill eliminates the ability of a landlord that
rents out an affordable housing unit, and who receives public assistance for the unit’s status as affordable, to
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DATE: 3/14/2025
1
increase the rent for such unit during the term of a rental agreement. Tenants who rent such units would be
shielded from any increases in the amount to pay for rent during the term of a rental agreement.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida’s Residential Landlord and Tenant Act
The Residential Landlord and Tenant Act1 (Act) governs the rental of dwelling units and the relationship between
landlords2 and tenants3 in Florida.4 Significant provisions in the Act include those relating to unconscionable rental
agreements and provisions,5 the duration of the rental agreement and the tenancy,6 prohibited provisions in rental
agreements,7 maintenance obligations of landlords and tenants,8 a landlord’s access to a dwelling unit,9
terminations of tenancies and rental agreements,10 and actions for damages.11
The Act defines “dwelling unit” as:
A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one
person or by two or more persons who maintain a common household;
A mobile home rented by a tenant; or
A structure or part of a structure that is furnished, with or without rent, as an incident of employment for
use as a home, residence, or sleeping place by one or more persons.12
Rent Regulation Policies
Rent regulation policies can protect tenants from dramatic, unforeseen increases in housing costs.13 Jurisdictions
adopt rent regulations for several reasons, one of which is ensuring stability for tenants in rent-stabilized14 units
and promoting the overall affordability of rental housing.15
The goals of rent regulation policies, however, can be met with other concerns.16 Maintaining the affordability of
existing housing might discourage new housing construction.17 Meanwhile, protections for current tenants might
make it harder for future tenants or those living in unregulated units to remain in and afford housing.18
With only a few exceptions, local governments in Florida are prohibited from imposing price controls upon a lawful
business activity that is not franchised by, owned by, or under contract with, an agency of the local government.19
1 The Florida Residential Landlord and Tenant Act (Act) is codified in ch. 83, part II, F.S. Nonresidential tenancies and all
tenancies not otherwise governed by the Act are governed by pt. I of ch. 83, F.S. See s. 83.001, F.S.
2 “Landlord” means the owner or lessor of a dwelling unit. S. 83.43(9), F.S.
3 “Tenant” means any person entitled to occupy a dwelling unit under a rental agreement. S. 83.43(17), F.S.
4 S. 83.41, F.S.
5 See s. 83.45, F.S.
6 See s. 83.46, F.S.
7 See s. 83.47, F.S.
8 Landlords have an obligation to maintain the premises, whereas tenants have an obligation to maintain the dwelling unit. See
ss. 83.51, F.S. and 83.52, F.S.
9 See s. 83.53, F.S.
10 For terminations of rental agreements, see s. 83.56, F.S. For terminations of tenancies without a specific term, see s. 83.57,
F.S. For termination of tenancies with a specific duration, see s. 83.575, F.S.
11 See s. 83.55, F.S.
12 S. 83.43(5), F.S.
13 Local Housing Solutions, Rent Regulation, Mar. 2021, https://localhousingsolutions.org/housing-policy-library/rent-
regulation/ (last visited Mar. 2, 2025).
14 Id.
15 Id.
16 Id.
17 Id.
18 Id.
19 S. 166.043(1)(a), F.S. See also Hemlane, Florida Rent Control Laws, Mar. 2024, https://www.hemlane.com/resources/florida-
rent-control-laws/ (last visited Mar. 2, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Any local government ordinance or rule that has the effect of imposing such price controls is preempted by the
state.
Currently, Florida law does not impose any statewide limits on how much a landlord can raise the rent for a
dwelling unit, provided the landlord:
Does not increase the rent for discriminatory reasons; and20
Provides the tenant proper notice under any applicable local regulations.21
Affordable Housing
Housing is considered affordable when monthly rents or monthly mortgage payments, including taxes, insurance,
and utilities, do not exceed 30 percent of a family’s gross income.22 Over 2.4 million low-income Florida households
pay more than 30% of their incomes towards housing, which is the maximum amount considered affordable by
experts.23 Over half of these households, or 1.3 million low-income households, spend more than 50% of their
income towards housing costs.24 This makes it difficult for those households to save for retirement or emergencies
and difficult to afford other necessities such as food and childcare.25
Eligibility to participate in Florida’s state and federally-funded housing programs is determined by area median
income (AMI) or statewide median family income, which is published annually by the United States Department of
Housing and Urban Development (HUD).26 In Florida, the current statewide AMI for a family of four is $88,600 (as
family size changes, the income range also varies):27
Extremely-low-income – earning up to 30 percent AMI (at or below $26,600);28
Very-low-income – earning from 30.01 to 50 percent AMI ($26,601 to $44,300);29
Low-income – earning from 50.01 to 80 percent AMI ($44,301 to $70,900);30 and
Moderate-income – earning from 80.01 to 120 percent of AMI ($70,901 to $106,320).31
As of 2024, Florida had only 24 affordable and available rental units for every 100 extremely low-income renters.32
In addition, there were little to no communities in Florida that could provide enough housing to support this group
of renters, which is primarily made up of low-income workers, retirees, and people with disabilities.33
20 See s. 83.64(1), F.S. It is unlawful under Florida law for a landlord to discriminatorily increase a tenant’s rent primarily
because the landlord is retaliating against the tenant.
21 See, e.g., Miami-Dade County, Fla., Code of Ordinances, Sec. 17-03 (2024). Under the ordinance, a residential landlord that
proposes to increase the rental rate by more than five percent at the end of a lease for a specific term, or during a tenancy
without a specific duration in which the rent is payable on a monthly basis, must provide a minimum of 60 days’ written fair
notice to the tenant before the tenant must either: (1) accept the proposed amendment; (2) reach an acceptable compromise;
or (3) reject the proposed amendment to their tenancy. If the required 60 days’ written fair notice has been provided and the
tenant has not agreed to the proposed amendment or an acceptable compromise, the landlord may impose the proposed
amended terms or require the tenant to vacate, in accordance with applicable Florida law and other Miami-Dade County
ordinances.
22 S. 420.0004(3), F.S.
23 Florida Housing Coalition, 2024 Home Matters Report, p. 2. https://flhousing.org/wp-content/uploads/2024/08/FHC-2024-
Home-Matters-Report.pdf (last visited Feb. 24, 2025).
24 Id.
25 Id.
26 See U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, Income Limits,
https://www.huduser.gov/portal/datasets/il.html#documents_2024 (last visited Mar. 2, 2025).
27 U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, FY 2024 State Income Limits:
Florida,
https://www.huduser.gov/portal/datasets/il/il2024/2024summary.odn?inputname=STTLT*1299999999%2BFlorida&select
ion_type=county&stname=Florida&statefp=12.0&year=2024 (last visited Mar. 2, 2025).
28 Id. See also s. 420.0004(9), F.S.
29 Supra note 26. See also s. 420.0004(17), F.S.
30 Supra note 26. See also s. 420.0004(11), F.S.
31 Supra note 26. See also s. 420.0004(12), F.S.
32 Florida Housing Coalition, 2024 Home Matters Report, p. 2. https://flhousing.org/wp-content/uploads/2024/08/FHC-2024-
Home-Matters-Report.pdf (last visited Feb. 24, 2025).
33 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Public Assistance for Affordable Housing Rentals
The Section 8 housing choice voucher (HCV) program is the federal government’s primary program for assisting
very low-income families, the elderly, and persons with disabilities in affording decent, safe, and sanitary housing
in the private market.34 HVCs are administered locally by public housing agencies (PHAs) that receive federal funds
from HUD.35
First, HUD provides the funds to allow PHAs to make housing assistance payments on behalf of the HCV tenant.36
HUD also pays the PHA a fee for the costs of administering the program. HUD monitors PHA administration of the
program to ensure program rules are properly followed.37
Then, the PHA administers the HCV program locally and provides the HCV tenant with the housing assistance.38
The PHA must examine the tenant’s income and household composition, and ensure that their housing unit meets
minimum housing quality standards.39 The PHA then enters into a contract with the landlord to provide housing
assistance payments to the landlord on behalf of the family.40
Another federal program that indirectly provides support for landlords who provide affordable housing rental
units include the U.S. Department of the Treasury’s Emergency Rental Assistance (ERA) program, which has
collectively provided communities over $46 billion to support housing stability for eligible renters throughout the
COVID-19 pandemic.41
Florida Housing Finance Corporation
In addition to public assistance for landlords who rent out affordable housing units, the Florida Housing Finance
Corporation (Corporation) administers federal and state resources that assist developers in financing the
development of safe, decent affordable housing. Created in 1997 as a public-private entity,42 the Corporation is held
by the state and housed within the Department of Commerce.43
The following programs are administered by the Corporation:
State Apartment Incentive Loan Program: This program provides developers with low-interest loans as gap
financing to leverage mortgage revenue bonds or Low-Income Housing Tax Credit resources needed to
construct or rehabilitate affordable rental units.
Multifamily Mortgage Revenue Bonds: This program uses both taxable and tax-exempt bonds to provide
below market rate loans to nonprofit and for-profit developers who set aside a certain percentage of their
apartment units for low-income families.
HOME Investment Partnerships Program: This program provides non-amortizing, low-interest rate loans
to developers of affordable rental housing, particularly in more rural areas of the state.
Low Income Housing Tax Credits: This program provides for-profit and nonprofit organizations with a
dollar-for-dollar reduction in federal tax liability in exchange for the acquisition, substantial rehabilitation,
or new construction of low- and very-low-income rental housing units.
34 U.S. Dept. of Housing and Urban Development, Housing Choice Voucher Fact Sheet for Landlords, May 2021,
https://files.hudexchange.info/resources/documents/PIH-HCV-Landlord-Fact-Sheet.pdf (last visited Mar. 2, 2025).
35 Id.
36 Id.
37 Id.
38 Id.
39 Id.
40 Id.
41 U.S. Dept. of the Treasury, Emergency Rental Assistance Program, https://home.treasury.gov/policy-
issues/coronavirus/assistance-for-state-local-and-tribal-governments/emergency-rental-assistance-program (last visited
Mar. 2, 2025).
42 See ch. 97-167, Laws of Fla.
43 S. 420.504(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Special Needs Housing: This program enhances the ability of extremely low-income households with
special needs to access and retain affordable rental housing in their communities by offering incentives to
developers who set aside a portion of their housing units for special needs households.44
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 HB 31 Edmonds Osgood Among other things, the bill
limited rent increases of
certain residential tenancies to
specified amount. Neither the
House version nor the Senate
version made it to a committee
stop.
2023 HB 1261 Gantt Jones Among other things, the bill
prohibited certain landlords
from increasing rent in excess
of certain percentage. Neither
the House version nor the
Senate version made it to a
committee stop.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Civil Justice & Claims
Subcommittee
Commerce Committee
44 Florida Department of Commerce, Affordable Housing Planning, https://floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/affordable-housing-
planning#:~:text=Low%20Income%20Housing%20Tax%20Credits%20%2D%20The,and%20very%20low%20income%20r
ental%20housing%20units (last visited Mar. 2, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 365 2025
1 A bill to be entitled
2 An act relating to rent of affordable housing dwelling
3 units; amending s. 83.46, F.S.; prohibiting certain
4 landlords of specified dwelling units from increasing
5 rent during the term of a rental agreement; providing
6 construction; defining the term "affordable";
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (4) is added to section 83.46,
12 Florida Statutes, to read:
13 83.46 Rent; duration of tenancies.—
14 (4) A person who is a landlord of a dwelling unit that
15 qualifies as affordable housing and who has received federal,
16 state, or local funding or tax incentives because of the
17 dwelling unit's status as an affordable housing unit, may not
18 increase the rent of the dwelling unit during the term of a
19 rental agreement. This subsection does not prohibit a landlord
20 from increasing the rent of a dwelling unit that qualifies as
21 affordable housing when a tenant is renewing his or her rental
22 agreement. As used in this subsection, the term "affordable" has
23 the same meaning as in s. 420.0004.
24 Section 2. This act shall take effect July 1, 2025.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
hb365-00
HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE
HB 365 by Rep. Tendrich
Relating to Rent of Affordable Housing Dwelling Units
AMENDMENT SUMMARY
March 18, 2025
Amendment 1 by Rep. Tendrich (Strike-All): The amendment narrows the scope of the bill’s
application to rental agreements with a term of 13 months or less that are entered into on or after
July 1, 2026.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 365 (2025)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Tendrich offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (4) is added to section 83.46,
8 Florida Statutes, to read:
9 83.46 Rent; duration of tenancies.—
10 (4)(a) As used in this subsection, the term "affordable"
11 has the same meaning as in s. 420.0004.
12 (b) A person who is a landlord of a dwelling unit that
13 qualifies as affordable housing and who has received federal,
14 state, or local funding or tax incentives because of the
15 dwelling unit's status as an affordable housing unit, may not
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 365 (2025)
Amendment No.
16 increase the rent of the dwelling unit during the term of a
17 rental agreement.
18 (c) This subsection does not prohibit a landlord from
19 increasing the rent of a dwelling unit that qualifies as
20 affordable housing when a tenant is renewing his or her rental
21 agreement.
22 (d) This subsection applies to rental agreements that have
23 a term of 13 months or less and are entered into on or after
24 July 1, 2026.
25
26 -----------------------------------------------------
27 T I T L E A M E N D M E N T
28 Remove lines 3-7 and insert:
29 units; amending s. 83.46, F.S.; defining the term
30 "affordable"; prohibiting certain landlords of specified
31 dwelling units from increasing rent during the term of a
32 rental agreement; providing construction; providing
33 applicability; providing an effective date.
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Page 2 of 2
HB 381
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 381 COMPANION BILL: SB 784 (Ingoglia)
TITLE: Issuance of Address and Individual Parcel LINKED BILLS: None
Identification Numbers RELATED BILLS: None
SPONSOR(S): Holcomb
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
SUMMARY
Effect of the Bill:
Requires the local government responsible for reviewing and approving a plat to issue street and mailing addresses,
along with individual parcel identification numbers, within two weeks after a final plat has been recorded; imposes
a financial penalty on the local government for failing to meet the deadline.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires local governments to issue the street and mailing address, along with the individual parcel
identification numbers within two weeks after a final plat is recorded by the circuit court clerk or other recording
officer. (Section 1).
The bill imposes a penalty on a local government that fails to comply with the 2-week deadline; the building permit
fee is reduced by 10% for each business day the local government fails to issue the street, mailing address and parcel
identification number. (Section 1).
The effective date of the bill is July 1, 2025. (Section 2).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Platting
A “plat” is a map or detailed representation of the subdivision of lands, providing a complete and precise depiction
of the subdivision, along with other information that complies with all applicable state requirements and local
ordinances.1 Platting ensures that when subdividing property into lots, all streets, alleys, easements, rights-of-way,
public areas, utilities, and sewer and stormwater improvements are identified.2
While state laws provide the minimum requirements for the platting of lands, local governments may adopt
additional requirements.3
1 S. 177.031(14), F.S.
2 S. 177.091, F.S.; LakelandLaw.com, The Basics of Platting Property, (May 28, 2020), LakelandLaw.com (last visited Feb. 19,
2025).
3 S. 177.011, F.S.; Jimerson Birr, Platting, Jimerson Birr (last visited Feb. 21, 2025).
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DATE: 3/14/2025
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The authority for plat approval is designated as follows:4
When the plat to be submitted for approval is located wholly within the boundaries of a municipality, the
governing body of the municipality has exclusive jurisdiction to approve the plat.
When a plat lies wholly within the unincorporated areas of a county, the governing body of the county has
exclusive jurisdiction to approve the plat.
When a plat lies within the boundaries of more than one governing body, two plats must be prepared and
each governing body has exclusive jurisdiction to approve the plat within its boundaries, unless the
governing bodies having said jurisdiction agree that one plat is mutually acceptable.
Many local governments have a process to approve a preliminary plat before approving a final plat, and once a
preliminary plat is approved, a developer may be allowed to commence construction before the plat is approved. For
example, the City of Jacksonville, the Village of Royal Palm Beach, and the City of Tallahassee allow for a preliminary
plat approval process.5
The fee to have a plat approved differs between local governments. For instance:
The city of Orlando charges either $1,200 or $3,000, depending on the type of plat being submitted.6
Madison County charges either $1500, $1700, or $2000, depending on whether it is a preliminary or final
plat and whether improvements are required; additionally, Madison County charges a $50 fee per lot, along
with consultant fees.7
Once a final plat is approved, it is submitted to the clerk of the circuit court for recording.8
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 665 McClain Ingoglia The bill was laid on the table.
SB 812, similar, was approved
by the Governor.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Rodriguez
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
4 S. 177.071(1), F.S.
5 City of Jacksonville Code of Ordinances s. 654-109; Village of Royal Palm Beach Code of Ordinances s. 22-22; City of
Tallahassee Code of Ordinances s. 9-92.
6 City of Orlando, Fees—Commercial Development, City of Orlando (last visited Feb. 25, 2025).
7 Madison County Florida, Planning & Zoning Fees, Madison County (last visited Feb. 25, 2025).
8 S. 177.073(1)(b), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 381 2025
1 A bill to be entitled
2 An act relating to issuance of address and individual
3 parcel identification numbers; creating s. 177.1115,
4 F.S.; requiring the appropriate governing body to
5 issue, within a specified time after the recording of
6 the plat, certain information; providing a penalty;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 177.1115, Florida Statutes, is created
12 to read:
13 177.1115 Issuance of address and individual parcel
14 identification numbers after final plat is recorded; penalty.-
15 (1) Within 2 weeks after the recordation of a plat by the
16 circuit court clerk or other recording officer, the appropriate
17 governing body shall issue the street and mailing address, along
18 with the individual parcel identification numbers, as contained
19 in the plat offered for recording pursuant to s. 177.091.
20 (2) If the appropriate governing body does not issue the
21 street and mailing address, along with the individual parcel
22 identification numbers, within the 2-week period in subsection
23 (1), the building permit fee shall be reduced by 10 percent for
24 each business day that the body fails to issue such information.
25 Section 2. This act shall take effect July 1, 2025.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
hb381-00
HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE
HB 381 by Rep. Holcomb
Relating to Issuance of Address and Individual Parcel Identification
AMENDMENT SUMMARY
March 18, 2025
Amendment 1 by Rep. Holcomb (Lines 15-23): The amendment establishes a 20-business-day
deadline, rather than a two week deadline, for local governments to issue certain information.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 381 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Holcomb offered the following:
4
5 Amendment
6 Remove lines 15-23 and insert:
7 (1) Within 20 business days after the recordation of a
8 plat by the circuit court clerk or other recording officer, the
9 appropriate governing body shall issue the street and mailing
10 address, along with the individual parcel identification
11 numbers, as contained in the plat offered for recording pursuant
12 to s. 177.091.
13 (2) If the appropriate governing body does not issue the
14 street and mailing address, along with the individual parcel
15 identification numbers, within the 20 business day period in
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 381 (2025)
Amendment No. 1
16 subsection (1), the addressing fee shall be reduced by 10
17 percent for
18
19
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Page 2 of 2
CS/HB 615
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 615 COMPANION BILL: SB 1164 (Leek)
TITLE: Electronic Delivery of Notices to Tenants LINKED BILLS: None
SPONSOR(S): Esposito RELATED BILLS: None
Committee References
Civil Justice & Claims Housing, Agriculture & Tourism Judiciary
12 Y, 4 N, As CS
SUMMARY
Effect of the Bill:
CS/HB 615 authorizes a landlord to deliver required notices to tenants electronically via e-mail if the tenant agrees
in writing to such electronic delivery and provides a valid e-mail address to his or her landlord for such purpose.
Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
CS/HB 615 authorizes a landlord to deliver any notices required under Part II, of ch. 83, F.S., relating to residential
tenancies, to a tenant electronically via e-mail if the tenant agrees in writing, in an addendum to his or her rental
agreement, to such electronic delivery of notices and provides a valid e-mail address to his or her landlord for such
purpose. This newly-authorized method of delivery does not preclude delivery of notice by any other means
permitted by law. (Section 1).
The bill provides that any notice sent via e-mail is deemed delivered at the time the e-mail is sent, unless the
landlord receives notification that the e-mail was not successfully delivered. The bill requires the landlord to retain
a copy of any notice sent via e-mail and evidence of transmission of such e-mail. (Section 1).
The bill makes other conforming and technical changes. (Sections 2, 3, 4, 5, and 6).
The bill provides an effective date of July 1, 2025. (Section 7).
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have an indeterminate positive fiscal impact on landlords to the extent that the newly-authorized
method of delivering notice via e-mail reduces costs associated with methods of delivery of notice currently
required, such as mail or certified mail.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Landlord Notice to Tenants
STORAGE NAME: h0615b.HAT
DATE: 3/14/2025
1
Current law prescribes several instances when a landlord must provide notice to a tenant and the method of
delivery the landlord may use to affect such notice. Depending on the type of notice being delivered, a landlord
generally may deliver notice in person, by mail, by certified mail, or by leaving a physical copy of the notice at the
tenant’s residence.1
Notice Regarding Security Deposits and Advanced Rent
Upon entering a rental agreement, a tenant may provide a security deposit or advanced rent to his or her landlord.
The landlord is then required to hold the tenant’s security deposit or advanced rent in either a separate non-
interest bearing or an interest-bearing account in a Florida financial institution for the benefit of the tenant; or to
post a surety bond in the total amount of the deposit or advance rent that he or she holds on behalf of his or her
tenant.2 The landlord is required to provide notice to the tenant either in the rental agreement or within 30 days
after receipt of such deposit or advance rent regarding how the landlord will hold the deposit or rent. Subsequent
to providing such notice, the landlord is required to provide additional notice if he or she changes the manner or
location in which he or she is holding the tenant’s security deposit or advanced rent. Such notice must, among
other things, be in writing and be given in person or mailed to the tenant.3
At the conclusion of the rental agreement, once the tenant has vacated the residence, the landlord must either:
Return the security deposit with interest to the tenant within 15 days if he or she does not intend to
impose a claim on the deposit; or
Provide written notice to the tenant of his or her intention to impose a claim on the deposit and the reason
for such within 30 days by certified mail to the tenant’s last known mailing address.4
Fee in Lieu of a Security Deposit
If a rental agreement requires a security deposit, a landlord may allow a tenant to pay a fee in lieu of the security
deposit. Alternatively, a landlord may allow a tenant to pay a security deposit in monthly installments in an amount
agreed upon between the tenant and landlord.5
If a tenant agrees to pay a fee in lieu of the security deposit, the landlord must notify the tenant within 30 days
after the conclusion of the tenancy if there are any costs or fees due from unpaid rent, fees, or other obligations
under the rental agreement, including, but not limited to, costs required for repairing damage to the premises
beyond normal wear and tear.6
Disclosure of the Landlord’s Address
Section 83.50, F.S., requires that a landlord disclose in writing to the tenant, at or before the commencement of the
tenancy, the name and address of the landlord or a person authorized to receive notices and demands on the
landlord’s behalf. Such disclosure must be delivered either to the tenant’s residence, or if specified in writing by the
tenant, to another address.
Temporary Vacation of Premises for Extermination
Unless otherwise agreed in writing, a landlord of a dwelling unit, other than a single-family home or duplex, as part
of his or her obligation to maintain the premises of such a dwelling, must make reasonable provisions for the
extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. Should the tenant need to
vacate the premises for extermination, the landlord must provide written notice of such to the tenant seven days
prior.7
Termination of Rental Agreement
1 Ss. 83.49, 83.491, 83.50, 83.51, 83.56, and 83.575, F.S.
2 S. 83.49(1), F.S.
3 S. 83.49(2), F.S.
4 S. 83.49(3)(a), F.S.
5 S. 83.491(1), F.S.
6 S. 83.491(2)(a), F.S.
7 S. 83.51(2)(a)1., F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
A tenant is authorized to terminate a rental agreement if the tenant provides written notice to his or her landlord
specifying noncompliance by the landlord in regards to the landlord’s obligations to maintain the dwelling unit8
and asserting his or her intent to terminate the agreement should the noncompliance not be remedied within
seven days after receiving such notice.9
A landlord is authorized to terminate a rental agreement if the tenant materially fails to comply with his or her
obligation to maintain the dwelling unit and the:
Noncompliance is of a nature that the tenant should not be given an opportunity to cure it10 or if the
noncompliance constitutes a subsequent or continuing noncompliance and the landlord delivers written
notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental
agreement.
Noncompliance is of a nature that the tenant should be given an opportunity to cure11 and the landlord
provides written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate
the rental agreement if the tenant does not come into compliance within seven days of the notice.
The landlord is also authorized to terminate a rental agreement based on the tenant’s failure to pay rent when due
if the landlord has previously provided the tenant with a written demand for payment of rent within three days12
and the tenant fails to comply with such demand.13
All such notices regarding the tenant or landlord’s intention to terminate the rental agreement must be delivered
by mail or by leaving a copy of the notice at the tenant’s residence.14
If the landlord chooses to accept partial payment of rent after delivering the required notice to the tenant
demanding payment, the landlord must:
Provide the tenant with a receipt stating the date and amount received and the agreed upon date and
balance of rent due before filing an action for possession;
Place the amount of partial rent accepted from the tenant in the registry of the court upon filing an action
for possession; or
Provide a new three-day notice to the tenant reflecting the new amount due.15
Termination of Tenancy with Specific Duration
A rental agreement for a specific duration may contain a provision requiring the tenant to notify the landlord
within a specified time period before vacating the premises at the end of the rental agreement if the agreement
also requires the landlord to notify the tenant within such time period if the rental agreement will be renewed;
however, a rental agreement may not require less than 30 days’ notice or more than 60 days’ notice from either the
tenant or the landlord.16
Additionally, such a rental agreement may also contain a provision making the tenant liable for liquidated damages
if the tenant fails to give the required notice before vacating the premises at the end of the rental agreement if the
landlord provided written notice specifying the tenant’s notice obligations, the end date of the rental agreement,
and a list of all fees, penalties, and other charges applicable to the tenant if he or she vacates the premises without
8 S. 83.51(1), F.S.
9 S. 83.56(1), F.S.
10 Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are
not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or
continued unreasonable disturbance. S. 83.56(2)(a), F.S.
11 Examples of such noncompliance which the tenant should be given an opportunity to cure include, but are not limited to,
activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking
in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. S. 83.56(2)(b), F.S.
12 Excluding Saturdays, Sundays, and legal holidays. S. 83.56(3), F.S.
13 Id.
14 S. 83.56(4), F.S.
15 S. 83.56(5), F.S.
16 S. 83.575(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
providing the required notice. The landlord must provide such notice to the tenant within 15 days prior to the start
of the notification period contained in the rental agreement.17
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Civil Justice & Claims 12 Y, 4 N, As CS 3/13/2025 Jones Leshko
Subcommittee
THE CHANGES ADOPTED BY THE Clarified that delivery of notice by e-mail is only available to a landlord
COMMITTEE: providing notice to a tenant.
Clarified that any notice required to be posted by a landlord may be
delivered by e-mail in accord with s. 83.505, F.S.
Housing, Agriculture & Tourism Curtin Rodriguez
Subcommittee
Judiciary Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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17 S. 83.575(2), F.S.
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 615 2025
1 A bill to be entitled
2 An act relating to electronic delivery of notices to
3 tenants; creating s. 83.505, F.S.; authorizing a
4 landlord to electronically deliver notices to a tenant
5 if certain conditions are met; providing that a notice
6 delivered by e-mail is deemed delivered at the time
7 the e-mail is sent; providing an exception; requiring
8 a landlord to maintain certain information; providing
9 construction; amending ss. 83.49, 83.50, 83.51, 83.56,
10 and 83.575, F.S.; conforming provisions to changes
11 made by the act; making technical changes; providing
12 an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 83.505, Florida Statutes, is created to
17 read:
18 83.505 Electronic delivery of notices.—
19 (1) A landlord may electronically deliver via an e-mail
20 address any notices required under this part, including any
21 notices that are required to be posted, to a tenant if the
22 tenant has signed an addendum to the rental agreement
23 specifically agreeing to the electronic delivery of notices and
24 has provided a valid e-mail address to the landlord for such
25 purpose.
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26 (2) A notice delivered by e-mail in accordance with this
27 section is deemed delivered when sent, unless the e-mail is
28 returned to the landlord as undeliverable.
29 (3) The landlord must maintain a copy of any notice sent
30 by e-mail and evidence of the transmission of the e-mail.
31 (4) This section does not preclude service of notices by
32 any other means permitted by law.
33 Section 2. Paragraphs (a) and (d) of subsection (2),
34 paragraph (a) of subsection (3), and subsections (4), (5), (8),
35 and (9) of section 83.49, Florida Statutes, are amended to read:
36 83.49 Deposit money or advance rent; duty of landlord and
37 tenant.—
38 (2) The landlord shall, in the lease agreement or within
39 30 days after receipt of advance rent or a security deposit,
40 give written notice to the tenant which includes disclosure of
41 the advance rent or security deposit. Subsequent to providing
42 such written notice, if the landlord changes the manner or
43 location in which he or she is holding the advance rent or
44 security deposit, he or she must notify the tenant within 30
45 days after the change as provided in paragraphs (a)-(d). The
46 landlord is not required to give new or additional notice solely
47 because the depository has merged with another financial
48 institution, changed its name, or transferred ownership to a
49 different financial institution. This subsection does not apply
50 to any landlord who rents fewer than five individual dwelling
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51 units. Failure to give this notice is not a defense to the
52 payment of rent when due. The written notice must:
53 (a) Be given in person or delivered by mail or e-mail in
54 accordance with s. 83.505 to the tenant.
55 (d) Contain the following disclosure:
56 YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN
57 DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE
58 LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
59 MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT
60 THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE
61 LANDLORD MUST PROVIDE YOU WRITTEN MAIL YOU NOTICE IN PERSON, BY
62 MAIL, OR BY E-MAIL IN ACCORDANCE WITH SECTION 83.505, FLORIDA
63 STATUTES, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S
64 INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT
65 REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN
66 15 DAYS AFTER RECEIPT OF THE LANDLORD'S WRITTEN NOTICE, THE
67 LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING
68 DEPOSIT, IF ANY.
69 IF THE LANDLORD FAILS TO TIMELY PROVIDE MAIL YOU NOTICE, THE
70 LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT
71 AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A
72 CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY
73 LATER FILE A LAWSUIT CLAIMING A REFUND.
74 YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE
75 FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE FAVOR A JUDGMENT
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76 IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY
77 THE LOSING PARTY.
78 THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83,
79 FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND
80 OBLIGATIONS.
81 (3) The landlord or the landlord's agent may disburse
82 advance rents from the deposit account to the landlord's benefit
83 when the advance rental period commences and without notice to
84 the tenant. For all other deposits:
85 (a) Upon the vacating of the premises for termination of
86 the rental agreement lease, if the landlord does not intend to
87 impose a claim on the security deposit, the landlord must shall
88 have 15 days to return the security deposit together with
89 interest if otherwise required within 15 days after the
90 termination of the rental agreement. If the landlord intends to
91 impose a claim on the deposit, or the landlord must, within 30
92 days after the termination of the rental agreement, provide
93 shall have 30 days to give the tenant written notice by
94 certified mail to the tenant's last known mailing address or by
95 e-mail in accordance with s. 83.505 of his or her intention to
96 impose a claim on the deposit and the reason for imposing the
97 claim. The written notice must shall contain a statement in
98 substantially the following form:
99 This is a notice of my intention to impose a claim for
100 damages in the amount of .... upon your security deposit, due to
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101 ..... It is sent to you as required by s. 83.49(3), Florida
102 Statutes. You are hereby notified that you must object in
103 writing to this deduction from your security deposit within 15
104 days after from the time you receive this notice or I will be
105 authorized to deduct my claim from your security deposit. Your
106 objection must be sent to ...(landlord's address)....
107 If the landlord fails to give the required written notice within
108 the 30-day period, he or she forfeits the right to impose a
109 claim upon the security deposit and may not seek a setoff
110 against the deposit but may file an action for damages after
111 returning return of the security deposit to the tenant.
112 (4) The provisions of This section does do not apply to
113 transient rentals by hotels or motels as defined in chapter 509
114 or; nor do they apply in those instances in which the amount of
115 rent or deposit, or both, is regulated by law or by rules or
116 regulations of a public body, including public housing
117 authorities and federally administered or regulated housing
118 programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8
119 of the National Housing Act, as amended, other than for rent
120 stabilization. With the exception of subsections (3), (5), and
121 (6), this section is not applicable to housing authorities or
122 public housing agencies created pursuant to chapter 421 or other
123 statutes.
124 (5) Except when otherwise provided by the terms of a
125 written rental agreement lease, any tenant who vacates or
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126 abandons the premises before prior to the expiration of the term
127 specified in the rental agreement written lease, or any tenant
128 who vacates or abandons premises which are the subject of a
129 tenancy from week to week, month to month, quarter to quarter,
130 or year to year, must shall give at least 7 days' written notice
131 by certified mail or personal delivery to the landlord before
132 prior to vacating or abandoning the premises which notice must
133 shall include the address where the tenant may be reached.
134 Failure to give such notice relieves shall relieve the landlord
135 of the notice requirement of paragraph (3)(a) but does shall not
136 waive any right the tenant may have to the security deposit or
137 any part of it.
138 (8) Any person licensed under the provisions of s.
139 509.241, unless excluded by the provisions of this part, who
140 fails to comply with the provisions of this part is shall be
141 subject to a fine or to the suspension or revocation of his or
142 her license by the Division of Hotels and Restaurants of the
143 Department of Business and Professional Regulation in the manner
144 provided in s. 509.261.
145 (9) In those cases in which interest is required to be
146 paid to the tenant, the landlord must shall pay directly to the
147 tenant, or credit against the current month's rent, the interest
148 due to the tenant at least once annually. However, a landlord is
149 not required to pay interest to no interest shall be due a
150 tenant who wrongfully terminates his or her tenancy before prior
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151 to the end of the rental term.
152 Section 3. Section 83.50, Florida Statutes, is amended to
153 read:
154 83.50 Disclosure of landlord's address.—In addition to any
155 other disclosure required by law, the landlord, or a person
156 authorized to enter into a rental agreement on the landlord's
157 behalf, shall disclose in writing to the tenant, at or before
158 the commencement of the tenancy, the name and address of the
159 landlord or a person authorized to receive notices and demands
160 in the landlord's behalf. The person so authorized to receive
161 notices and demands retains authority until the tenant is
162 notified otherwise. All notices of such names and addresses or
163 changes thereto must shall be delivered to the tenant's
164 residence or, if specified in writing by the tenant, to any
165 other address, or such notices may be sent by e-mail in
166 accordance with s. 83.505.
167 Section 4. Paragraph (a) of subsection (2) of section
168 83.51, Florida Statutes, is amended to read:
169 83.51 Landlord's obligation to maintain premises.—
170 (2)(a) Unless otherwise agreed in writing, in addition to
171 the requirements of subsection (1), the landlord of a dwelling
172 unit other than a single-family home or duplex shall, at all
173 times during the tenancy, make reasonable provisions for:
174 1. The extermination of rats, mice, roaches, ants, wood-
175 destroying organisms, and bedbugs. If the tenant must vacate
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176 When vacation of the premises is required for such
177 extermination, the landlord is not liable for damages but must
178 shall abate the rent. The landlord must provide 7 days' written
179 notice, in person, by mail, or by e-mail in accordance with s.
180 83.505, to the tenant if the tenant must temporarily vacate the
181 premises for a period of time not to exceed 4 days, on 7 days'
182 written notice, if necessary, for extermination pursuant to this
183 subparagraph. A tenant is only required to vacate the premises
184 for a period of time not to exceed 4 days.
185 2. Locks and keys.
186 3. The clean and safe condition of common areas.
187 4. Garbage removal and outside receptacles therefor.
188 5. Functioning facilities for heat during winter, running
189 water, and hot water.
190 Section 5. Subsection (4) of section 83.56, Florida
191 Statutes, are amended to read:
192 83.56 Termination of rental agreement.—
193 (4)(a) The delivery of the written notice notices required
194 by subsection subsections (1), (2), and (3) shall be by mailing
195 or delivering delivery of a true copy thereof.
196 (b) The delivery of the written notices required by
197 subsections (2) and (3) shall be by mailing, delivering a true
198 copy thereof, e-mailing in accordance with s. 83.505, or, if the
199 tenant is absent from the premises, by leaving a copy thereof at
200 the residence.
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201 (c) The notice requirements of subsections (1), (2), and
202 (3) may not be waived in the rental agreement lease.
203 Section 6. Subsections (1) and (2) of section 83.575,
204 Florida Statutes, are amended to read:
205 83.575 Termination of tenancy with specific duration.—
206 (1) A rental agreement with a specific duration may
207 contain a provision requiring the tenant to notify the landlord
208 within a specified period before vacating the premises at the
209 end of the rental agreement, if such provision also requires the
210 landlord to notify the tenant in a manner prescribed by s.
211 83.56(4) within such notice period if the rental agreement will
212 not be renewed.; however, A rental agreement may not require
213 less than 30 days' notice or more than 60 days' notice from
214 either the tenant or the landlord.
215 (2) A rental agreement with a specific duration may
216 provide that if a tenant fails to give the required notice
217 before vacating the premises at the end of the rental agreement,
218 the tenant may be liable for liquidated damages as specified in
219 the rental agreement if the landlord provides written notice to
220 the tenant specifying the tenant's obligations under the
221 notification provision contained in the rental agreement lease
222 and the date the rental agreement is terminated. The landlord
223 must provide such written notice to the tenant in a manner
224 prescribed by s. 83.56(4) within 15 days before the start of the
225 notification period contained in the rental agreement lease. The
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226 written notice must shall list all fees, penalties, and other
227 charges applicable to the tenant under this subsection.
228 Section 7. This act shall take effect July 1, 2025.
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HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE
HB 615 by Rep. Esposito
Relating to Electronic Delivery of Notices to Tenants
AMENDMENT SUMMARY
March 18, 2025
Amendment 1 by Rep. Esposito (Line 19): The amendment allows landlords and tenants to
electronically deliver notices via email if the parties agree in writing and provide guidelines for
delivery, receipt, and documentation of such notices.
Amendment 2 by Rep. Esposito (Line 32): The amendment prohibits the decision to opt-in or
opt-out of the email notification addendum from being a determining factor in the landlord’s
decision to rent to a tenant.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 615 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Esposito offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 19-30 and insert:
7 (1) A landlord or tenant may electronically deliver via an
8 email address any notices required under this part to the other
9 party if the parties have signed an addendum to the rental
10 agreement specifically agreeing to the electronic delivery of
11 notices and have provided a valid email address for such
12 purpose.
13 (2) A notice delivered electronically pursuant to this
14 section is deemed delivered at the time it is sent, unless the
15 sender receives a notification that the email was not
16 successfully delivered.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 615 (2025)
Amendment No. 1
17 (3) The sender must maintain a copy of any notice sent
18 electronically and evidence of the transmission of the email.
19
20
21 -----------------------------------------------------
22 T I T L E A M E N D M E N T
23 Remove lines 4-8 and insert:
24 landlord or tenant to electronically deliver notices
25 to a tenant the other party if certain conditions are
26 met; providing that a notice delivered by e-mail is
27 deemed delivered at the time the e-mail is sent;
28 providing an exception; requiring a landlord the
29 sender to maintain certain information; providing
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 615 (2025)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Esposito offered the following:
4
5 Amendment (with title amendment)
6 Between lines 32 and 33, insert:
7 (5) The decision to opt-in or opt-out of the email
8 notification addendum must not be a determining factor in the
9 landlord’s decision to rent to that tenant.
10
11 -----------------------------------------------------
12 T I T L E A M E N D M E N T
13 Remove line 9 and insert:
14 construction; prohibiting the decision to opt-in or opt-out
15 of the email notification addendum from being a determining
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 615 (2025)
Amendment No. 2
16 factor in the decision to rent to that tenant; amending ss.
17 83.49, 83.50, 83.51, 83.56,
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HB 651
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 651 COMPANION BILL: SB 700 (Truenow)
TITLE: Department of Agriculture and Consumer LINKED BILLS: None
Services RELATED BILLS: None
SPONSOR(S): Tuck, Alvarez, D.
Committee References
Housing, Agriculture & Criminal Justice Agriculture & Natural Commerce
Tourism Resources Budget
SUMMARY
Effect of the Bill:
The bill addresses numerous, distinct matters related to agriculture and matters under the jurisdiction of the
Department of Agriculture and Consumer Services.
Fiscal or Economic Impact:
The bill has an indeterminate impact on local governments, state government, and the private sector.
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ANALYSIS
EFFECT OF THE BILL:
The bill addresses numerous, distinct matters related to agriculture and other matters under the jurisdiction of the
Department of Agriculture and Consumer Services (DACS), as discussed below.
Selected Exempt Service (SES) for DACS Captains and Majors
The bill exempts personnel which are assigned primary duties as captains or majors serving in the Office of
Agricultural Law Enforcement from the Career Service category of the civil service system for state employees.
Instead, such personnel will serve in the Select Exempt (SES) Service category. (Section 1.)
Use of Agricultural Lands for Electrical Power Plants
The bill requires counties to conduct suitability reviews for electric utilities’ long-term power plant siting plans if
any of the proposed sites involves the use of lands within the county that have been classified as agricultural lands
at any time in the previous 5 years.
Specifically, the bill requires an electric utility to submit its annual ten-year site plan to the county commission of
any county in which a proposed power plant site is located on land that has been classified at any time in the
previous 5 years as agricultural lands under s. 193.461, F.S. A county commission that receives such a plan must
follow the same processes and procedures that the Public Service Commission (PSC) is required by s. 186.801, F.S.
to follow when it receives such plans. Upon completing a preliminary study pursuant to these processes and
procedures, the county commission must provide the PSC with its findings. (Section 2.)
The bill further provides that lands must be classified for tax assessment purposes as agricultural lands by a
property appraiser if the lands are:
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Owned or leased by an electric utility;
The site of both solar energy systems and bona fide agricultural uses of the land; and
Compliant with all other provisions of s. 193.461, F.S., which governs classification of agricultural land.
(Section 3.)
The bill provides the state the opportunity to purchase the development rights of former agricultural lands owned
or acquired by an electric utility as defined in s. 361.11(2), F.S. For lands acquired by an electric utility that have
been classified as agricultural at any time in the 5 years before acquisition by the utility, the bill requires the utility
to offer such lands for “less than fee simple” acquisition of development rights by the state. Similarly, for lands
owned by an electric utility that were classified as agricultural at any time in the 5 years before acquisition by the
utility, the bill requires the utility – before offering the lands for sale or transferring the lands to a private
individual or entity –to offer such lands for less than fee simple acquisition of development rights by the state. The
bill does not specify the purposes for which the state may acquire such development rights and does not establish
criteria for such acquisitions. This bill makes these provisions retroactive to January 1, 2024. (Section 6.)
Use of Unmanned Aircraft (Drones)
The bill expands the prohibited uses of unmanned aircraft, or drones, to include specific uses on agricultural lands,
private property, state wildlife management lands, and sport shooting and training ranges. (Section 5.)
Agricultural Lands
In particular, the bill makes it a criminal offense for a person to knowingly or willfully do any of the following on
lands classified as agricultural lands under s. 193.461, F.S.:
Operate a drone.
Allow a drone to make contact with any person or object on the premises of or within the boundary of such
lands.
Allow a drone to come close enough to such lands to interfere with or cause a disturbance to agricultural
production on such lands.
The bill provides that a violation of any of these prohibitions is a second degree misdemeanor and any subsequent
violation is a first degree misdemeanor.1
The bill provides exceptions for actions of:
The property owner or a person acting with prior written consent of the property owner.
A law enforcement agency acting in compliance with Florida law related to search and seizure using a
drone or a person under contract with or acting at the direction of the law enforcement agency.
A federal, state, or other governmental entity or a person under contract with or acting at the direction of
the governmental entity.
Private Property, State Hunting Lands, and Sport Shooting and Training Ranges
The bill also makes it a criminal offense for a person to knowingly or willfully do any of the following on private
property,2 state wildlife management lands, or sport shooting and training range3:
Operate a drone.
Allow a drone to make contact with such property or any person or object on the premises of or within the
property with the intent to harass.
1 The bill provides that such violations are punishable as provided in s. 775.082, F.S. or s. 775.083, F.S.
2 The bill defines “private property” as “any residential or commercial property” and provides a definition for each of those
terms.
3 For purposes of the bill, a “sport shooting or training range” means any area that has been designed, or operated for the use
of, firearms, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, BB guns, airguns, or similar devices, or any other
type of sport or training shooting.
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The bill provides that a violation of either prohibition is a second degree misdemeanor and any subsequent
violation is a first degree misdemeanor.4 Further, a person who violates one of these prohibitions and records
video of the property or persons or objects on the premises of or within the property commits a first degree
misdemeanor, and a subsequent violation is a third degree felony.5
The bill provides the same exceptions as listed above with regard to agricultural lands.
Emergency Recovery Loans to Agriculture and Aquaculture Producers
The bill expands the existing Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program to
include loans to agriculture or aquaculture producers that have experienced damage or destruction from
emergencies declared by the Commissioner of Agriculture.6 Accordingly, the bill renames the program as the
Agriculture and Aquaculture Producers Emergency Recovery Loan Program. (Sections 4 and 62.)
The bill also:
Expands authorized uses of program loans to include restocking aquaculture.
Permits DACS to renew loan applications after a determination from DACS and an active declared
emergency.
Permits DACS to defer or waive loan payments if, at any time during the repayment period of a loan, the
approved applicant experiences a significant hardship such as crop loss from a weather-related event or
from impacts from a natural disaster or declared emergency.
Emergency Recovery Grants for Timber Landowners
The bill creates the Silviculture Emergency Recovery Program, which empowers DACS to administer grants to
assist timber landowners whose timber land is damaged as a result of an emergency declared by the Governor7 or
the Commissioner of Agriculture.8 Only timber land located on lands classified as agricultural lands are eligible to
participate in the program. Grants provided to eligible timber owners may only be used for:
Timber stand restoration, including downed tree removal on land which will retain the existing trees on
site which are lightly damaged or completely undamaged.
Site preparation and tree replanting.
Road and trail clearing on private timber lands to provide emergency access and facilitate salvage
operations.
The bill requires DACS to coordinate with state agencies and other entities to ensure that timber landowners have
access to the maximum financial assistance available following a declared emergency. This coordination must
attempt to ensure no duplication of financial assistance between the emergency recovery program grants and
other federal or state funding sources, where such duplication would render an approved applicant ineligible for
other financial assistance. (Section 63.)
Florida Wine
The bill recognizes wine products made from fruits other than grapes by changing the name of the Viticulture
Advisory Council to the Florida Wine Advisory Council (Section 67), changing the name of the State Viticulture Plan
to the State Wine Plan (Section 68), changing the name of the Viticulture Trust Fund to the Wine Trust Fund
4 The bill provides that such violations are punishable as provided in s. 775.082, F.S. or s. 775.083, F.S.
5 The bill provides that a third degree felony violation is punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s.
775.084, F.S.
6 Pursuant to s. 570.07(21), F.S., DACS may declare an emergency when one exists in any matter related to agriculture, adopt
rules that are in effect during the term of the emergency, and issue food safety information related to the emergency.
7 S. 252.36, F.S., specifies the Governor’s authority to declare a state of emergency. An emergency is defined as “any
occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in
substantial injury or harm to the population or substantial damage to or loss of property.” S. 252.34, F.S.
8 S. 570.07(21), F.S.
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(Section 70), and making conforming changes to reflect these changes. The bill also reflects a change to the name of
the Florida Grape Growers’ Association to the Florida Wine and Grape Growers Association.
The bill also provides that a winery that fails to annually recertify with DACS and pay required licensing fees for
participation in the Florida Farm Winery Program is subject to the removal of the program’s logos, emblems, and
directional signs previously installed by the Department of Transportation. (Section 69.)
Citrus Regulation
The bill repeals provisions established in 2006 to minimize the spread of citrus disease. In particular, the bill
repeals provisions that:
Prohibit persons from propagating citrus nursery stock that was not propagated or grown on a site and
within a protective structure approved by DACS and that is not at least one mile from commercial citrus
groves.
Require DACS to establish regulated areas of up to a one mile radius around the perimeter of certain
commercial citrus groves, in which the planting of citrus is prohibited.
Require DACS to require removal of infected or infested citrus, non-approved planted citrus, and citrus that
has sprouted by natural means.
Establishes a process by which DACS may issue an immediate final order and notify property owners of any
required removal. (Section 64.)
Mosquito Control
The bill makes the following changes to Florida’s laws governing mosquito control programs:
Defines a “program” as any governmental jurisdiction that conducts mosquito control, whether it be a
special district, county, or municipality (Section 8), and replaces references to “mosquito control districts”
and “districts” throughout chapter 388, F.S., to “mosquito control programs” and “programs.” (Multiple
sections.)
Recognizes the participation of municipalities in mosquito control programs. (Section 8 and multiple
sections thereafter.)
Increases to $75,000 the annual cap on non-matching state funds available to a municipality, county, or
mosquito control special district for a new program to control mosquitos and other arthropods.9 (Section
13.)
Clarifies references to “work plan” and “plan” by replacing such references with the term “integrated
arthropod management plan.”10 (Section 14 and multiple sections therafter.)
Removes the requirement that state funds be paid quarterly. (Section 17.)
Requires that a record and inventory of certain property that was purchased with state funds for arthropod
control use and is owned by a mosquito control program must be maintained in accordance with rules
established by Florida’s Chief Financial Officer under s. 274.02, F.S. (Section 20.)
Requires that any serviceable equipment that was purchased with state funds for arthropod control use but
is no longer needed must be offered to any or all other programs engaged in arthropod control at a price
established by the board of commissioners owning the equipment. (Section 21.)
Requires that the proceeds from the sale of any real or tangible personal property owned by a mosquito
control program and purchased using state funds must be deposited in the program’s state fund account.
(Section 21.)
Requires each mosquito control program receiving state aid to submit to DACS a monthly expenditure
report for the preceding month and requires each program participating under ch. 388, F.S., to provide
reports of activities and accomplishments. (Section 22.)
9 Arthropods are defined in s. 388.011, F.S., as “insects of public health or nuisance importance, including all mosquitoes,
midges, sand flies, dog flies, yellow flies, and house flies.”
10 S. 388.011(6), F.S., defines “integrated arthropod control” as the implementation of arthropod control measures, including,
but not limited to, the use of pesticides and biological control agents and source reduction, to control arthropods without an
unreasonable adverse effect on the environment.”
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Extends DACS’ enforcement authority to authorize issuance of written warnings, imposition of fines, and
denial of program participation for specified violations and authorizes probation in lieu of a fine if DACS
finds that a fine would be detrimental to the public. (Section 25.)
Adds a representative from the Center of Medical, Agricultural, and Veterinary Entomology to the Florida
Coordinating Council on Mosquito Control, increases the number of mosquito control directors to serve on
the council from two to four, and permits members of the council to serve until a successor is appointed.
(Section 29.)
Basin Management Action Plans
The bill grants DACS rulemaking authority to establish an enrollment by rule process for best management
practices (BMPs) that agricultural pollutant sources and agricultural producers may use instead of certain other
DACS’ BMPs. Accordingly, DACS is authorized to identify BMPs for landowners of parcels that meet the following
requirements:
The parcel is not greater than 25 acres in size.
The parcel is designated as agricultural land use by the county in which it is located, or the parcel is granted
agricultural tax classification by the county property appraiser.
The water use on the parcel does not 100,000 gallons per day on average, unless the entire use is from
using recycled water from wet detention treatment ponds or reuse water.
The agricultural activity on the parcel does not include a vegetable crop, agronomic crop, nursey, or dairy
operation.
The parcel is not abutted by an impaired water body; and
The parcel is not part of a larger operation that is enrolled in other DACS BMPs or conducts water quality
monitoring prescribed by DACS or a water management district. (Section 30.)
Under the bill, DACS must also specify design or performance criteria that, if applied, would result in compliance
with appropriate water quality standards. The bill authorizes DACS to adopt additional eligibility criteria for
landowners or producers to use enrollment by rule and to revoke enrollment by rule. (Section 30.)
The bill requires DACS to annually perform onsite inspections of 20 percent of all enrollments that meet the
qualifications described above within basin management action plan areas, to ensure that practices are being
properly implemented. The inspection must include a collection and review of certain BMP documentation from
the previous two years. (Section 30.)
The bill also requires all agricultural producers enrolled by rule in a BMP to annually submit to DACS all nutrient
records, including nitrogen and phosphorus fertilizer application records for the previous calendar year, as DACS
may require by rule. The bill requires DACS to collect and retain those nutrient records pursuant to certain other
requirements. (Section 30.)
Water Quality Additives
The bill defines the term “water quality additive” to mean any chemical or additive which is used in a public water
system for the purpose of removing contaminants or increasing water quality. The term does not, however, include
additives used for health-related purposes. (Section 31.)
The bill prohibits the use of any additives in a public water system which do not meet the definition of a water
quality additive, as defined above, or the use of any additives included primarily for health-related purposes.
(Section 32.)
Pest Control and Pesticide Licensing and Certification
The bill authorizes DACS to offer examinations for various pest control and pesticide applicator certifications both
in person and remotely through a third-party vendor and authorizes the third-party vendor to impose a
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convenience fee for this service. The bill eliminates provisions that specify the frequency with which these
examinations must be offered. (Sections 33, 34, 35, 36, 37, 39.)
The bill authorizes DACS to take disciplinary action against a pest control or pesticide licensee or certificate holder
if the licensee or certificate holder is subject to civil penalties issued by final order under the Federal Insecticide,
Fungicide, and Rodenticide Act or a criminal conviction under that act. (Sections 38, 40.)
Florida Solicitation of Contributions Act
Registration Statement
The bill requires a charitable organization or sponsor, unless exempted, to file certain attestation statements with
its initial registration statement when registering under the Solicitation of Contributions Act. The bill requires each
attestation to be submitted on a form prescribed by DACS and signed by an authorized official of the charitable
organization. In the attestation statements, the authorized official must certify and attest that:
The charitable organization, if engaged in activities that would require registration under ch. 106, F.S., is
properly registered with the Department of State.
The charitable organization, if prohibited by applicable federal or state law, is not engaged in activities that
would require registration with the Department of State under ch. 106, F.S. (Section 42.)
The bill prohibits a charitable organization or sponsor, whose registration is denied or revoked for submitting a
false attestation, from registering as a charitable organization or sponsor for 5 years for an initial violation, and a
lifetime ban for any subsequent violation. (Section 45.)
The bill authorizes DACS to investigate and refer a charitable organization or sponsor that has registered or
attempted to register under the Florida Solicitation of Contributions Act to the Florida Elections Commission for
investigation of violations pursuant to chs. 104 and 106, F.S. (Sections 42 and 44.)
Honest Services Registry
The bill requires DACS to create the Honest Services Registry (Registry) to provide the residents of Florida with the
information necessary to make an informed decision when deciding which charitable organizations to support. To
be included on the Registry, the bill requires a charitable organization to, at a minimum, submit to DACS an
attestation, on a form prescribed by DACS and verified according to s. 92.525, F.S., attesting to all of the following:
That the organization does not solicit or accept, directly or indirectly, contributions, funding, support, or
services from a foreign source of concern; and
That the organization’s messaging and content are not directly or indirectly produced or influenced by a
foreign source of concern. (Section 46.)
The bill requires DACS to publish the Registry on its website, and grants DACS rulemaking authority to implement
these provisions. (Section 46.)
The bill makes it unlawful for any person, in connection with the planning, conduct, or execution of any solicitation
or charitable or sponsor sales promotion, to solicit or accept contributions or anything of value from a foreign
source of concern. (Section 43.)
For purposes of the Honest Services Registry, as well as the Solicitations of Contributions Act, the bill defines
“foreign country of concern" as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran,
the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity
under significant control of such foreign country of concern. The bill defines “foreign source of concern” as any of
the following:
The government or any official of the government of a foreign country of concern;
A political party or member of a political party or any subdivision of a political party in a foreign country of
concern;
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A partnership, an association, a corporation, an organization, or other combination of persons organized
under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary of
such entity;
Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent
citizen of the United States;
An agent, including a subsidiary or an affiliate of a foreign legal entity, acting on behalf of a foreign source
of concern; or
An entity in which a person, entity, or collection of persons or entities described above has a controlling
interest. 11 (Section 41.)
Florida Food Safety Act
The bill amends the definition of “cottage food product” under the Florida Food Safety Act (FFS Act) to mean food
that is not time or temperature controlled for safety, and that is not a potentially hazardous food as defined by
DACS rule which is sold by a cottage food operation in accordance with Florida’s laws governing such operations.
(Section 47.)
The bill clarifies that a food permit from DACS is required of any person or business that operates a food
establishment, except certain persons or businesses that operate minor food outlets and sell commercially
prepackaged, not potentially hazardous, not age restricted, and not time or temperature controlled for safety,
provided the shelf space for those items do not exceed 12 linear feet and no other food is sold by the person or
business. (Section 48.)
The bill also:
Makes a food permit issued to a new food establishment valid for 1 calendar year after the date of issuance,
not just food permits issued on or after September 1, 2023.
Authorizes DACS to establish a single permit renewal date for multiple food establishments owned by the
same entity.
Eliminates the FFS Act’s provision that authorizes the owner of 100 or more permitted food establishment
locations to elect to set the expiration of food permits for such establishments as December 31 of each
calendar year. (Section 48.)
For purposes of enforcing the FFS Act, the bill requires carriers engaged in interstate commerce and persons
receiving food in interstate commerce to retain all records for 3 years from the date of the record showing the
movement in interstate commerce of any food, and the quantity, and consignee thereof. (Section 49.)
The bill also authorizes DACS to enter into a written agreement with the owner of a food processing equipment,
food processing area, or food storage area to facilitate the destruction of any article found or suspected by DACS to
be in violation of the FFS Act. (Section 50.)
Mushroom Spores and Mycelium
The bill makes it unlawful under the FFS Act to transport, import, sell, offer for sale, furnish, or give away spores or
mycelium capable of producing mushrooms or other material that contains a controlled substance, including
psilocybin or psilocyn, during its lifecycle. Under the bill, any person who transports, imports into Florida, sells,
offers for sale, furnishes, or gives away mycelium capable of producing mushrooms or other material which will
contain a controlled substance, commits a first-degree misdemeanor. (Section 51.)
Plant-Based Products Labeled as “Milk,” “Meat,” or “Poultry”
11 Controlling interest means the possession of the power to direct or cause the direction of the management or policies of an
entity, whether through ownership of securities, by contract, or otherwise. A person or an entity that directly or indirectly has
the right to vote 25 percent or more of the voting interest of the company or is entitled to 25 percent or more of its profits is
presumed to possess a controlling interest. (Section 41.)
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The bill requires DACS to adopt rules to enforce the U.S. Food and Drug Administration’s (FDA) standard of identity
for milk, as adopted in Florida law, to prohibit the sale of plant-based products labeled as milk in Florida. This
section in the bill is effective upon the enactment into law of a mandatory labeling requirement to prohibit the sale
of plant-based products labeled as milk by any of the following states: Alabama, Arkansas, Florida, Georgia,
Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West
Virginia. (Section 52.)
Similarly, the bill requires DACS to adopt rules to enforce the FDA's standard of identity for meat, poultry, and
poultry products to prohibit the sale of plant-based products labeled as meat, poultry, or poultry products in
Florida. This section in the bill is also effective upon the enactment into law of a mandatory labeling requirement to
prohibit the sale of plant-based products labeled as meat, poultry, or poultry products by any of the states listed in
the group above. (Section 52.)
The bill requires DACS to notify the Division of Law Revision upon the enactment into law by any of the states in
the group above of the mandatory labeling requirements. DACS is authorized to adopt rules to implement these
provisions. The bill provides that these provisions may not be construed to limit DACS’ authority to enforce its
other laws and regulations. (Section 52.)
For purposes of the above provisions, the bill provides that:
“Meat” has the same meaning as in 9 C.F.R. § 301.2 and the Federal Meat Inspection Act.12
“Milk” has the same meaning as in 21 C.F.R. § 31.110 and the Grade "A" pasteurized milk ordinance.13
“Poultry” or “Poultry Product” has the same meaning as in 9 C.F.R. § 381.1 and the Poultry Products
Inspection Act.14 (Section 52.)
Consumer Unit Pricing Act
The bill repeals Florida’s Consumer Unit Pricing Act. (Section 53.)
Veterinary Pathologists
The bill grants DACS the power and duty to foster and encourage the development and retention of veterinary
pathologists. The bill authorizes DACS to reimburse the educational expenses of qualified veterinary pathologists
who enter into an agreement with DACS to retain employment for a specified time. DACS is granted rulemaking
authority in the bill to administer these provisions. (Section 59.)
The bill also grants DACS the power and duty, subject to appropriations, to:
Extend state and national Future Farmers of American (FFFA) opportunities to any public school student
enrolled in agricultural education, at little or no cost; and
Support statewide FFA programming that helps those students develop their potential for premier
leadership, personal growth, and career success. (Section 59.)
Bulk Renewal of Licenses
The bill authorizes DACS to:
Create a process for the bulk renewal of licenses which will allow licensees the ability, upon request, to
submit all license applications of the same type, notwithstanding any provisions of law applicable to each
application process.
Create a process that will allow licensees, upon request, to align the expiration date of licenses within a
statutory program.
12 21 U.S.C. § 601 et seq.
13 See U.S. Food and Drug Administration, Grade “A” Pasteurized Milk Ordinance: 2023 Revision (Feb. 2025),
https://www.fda.gov/media/180975/download?attachment (last visited Mar. 16, 2025).
14 21 U.S.C. § 451 et seq.
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Change the expiration dates for current licensees for the purpose of reducing large numbers of license
expirations that occur during the same month. (Section 61.)
Under the bill, DACS must prorate any licensing fee for which the term of the license was reduced for the purposes
of alignment. The bill authorizes DACS to adopt rules to implement these provisions. (Section 61.)
Boll Weevil Eradication
The bill repeals the Florida Boll Weevil Eradication Law. (Section 65.)
Retail Fuel Transfer Switch Modernization Grant Program
The bill creates a grant program within DACS to provide funds to retail fuel facilities for installing or modernizing
transfer switches that allow for use of backup power generation to ensure continuous fueling operations during a
power outage. The program is named the Florida Retail Fuel Transfer Switch Modernization Grant Program and is
subject to funding by the Legislature. (Section 56.)
The bill provides that grant funds may be used for installation and equipment costs. Retail fuel facilities in fiscally
constrained counties15 are eligible for up to $10,000 to cover costs for transfer switch purchase and installation.
Retail fuel facilities in all other counties are eligible for up to $5,000 to cover these costs. Prior to being awarded
funding, a retail fuel facility must provide DACS with documentation on transfer switch installation and required
generator sizing. Facilities that are awarded grants must comply with requirements in Florida law for maintaining
alternate generated power capacity and must install a transfer switch capable of operating all fuel pumps,
dispensing equipment, life safety systems, and payment acceptance equipment.
The following retail fuel facilities are not eligible for grant funding under this program:
Marinas and facilities with fewer than 4 fueling positions.
Newly constructed or substantially renovated retail fuel facilities, as described in s. 526.143(2), F.S.
Registration of Petroleum Transportation
The bill requires DACS to create an annual registration program for owners and operators of vehicles used to
transport petroleum products. The bill requires DACS to adopt registration requirements by rule. The registration
must be free for all participants.
The bill authorizes DACS to require registrants to provide updates on the status of infrastructure, inventory, amd
delivery information during a state of emergency declared by the Governor. (Section 55.)
Packaging Information
The bill requires that each package that is one of a lot containing random weights of the same commodity must
bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight and
the total retail price of the package, as defined by DACS rule. (Section 57.)
The bill also makes technical changes to the drafting of an existing law related to advertising packages for sale.
(Section 58.)
Regulation of Antifreeze
15 A fiscally constrained county, as defined in s. 218.67, F.S., is a “county that is entirely within a rural area of opportunity as
designated by the Governor pursuant to s. 288.0656 or each county for which the value of a mill will raise no more than $5
million in revenue, based on the taxable value certified pursuant to s. 1011.62(4)(a)1.a., from the previous July 1.”
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The bill expands DACS’ jurisdiction over the registration, labelling, and inspection of antifreeze by modifying the
definition of antifreeze to include coolants used to cool components of any motor vehicles, including electric
vehicles. (Section 54.)
Accordingly, each brand of a substance or preparation distributed in the state for use in cooling any component of
a motor vehicle, regardless of vehicle technology, must be registered with DACS and is subject to DACS’ authority to
inspect such products and verify their proper labelling. In addition to traditional antifreeze/engine coolant
products, the revised definition in the bill appears to include EV battery coolants. However, it may also be
interpreted to include transmission fluids and brake fluids, as such products aid in preventing overheating of
motor vehicle components.16
Electric Vehicle Charging Station Regulation
The regulation of electric vehicle charging stations is preempted to the state pursuant to s. 366.94, F.S. and such
regulation is under DACS jurisdiction. The bill clarifies the definition of "electric vehicle charging station" to be the
area in the immediate vicinity of electric vehicle supply equipment, other supporting equipment, and associated
parking spaces. The bill allows DACS to adopt additional rules to protect the public health, safety, and welfare and
establish standards for the placement, design, installation, maintenance, and operation of electric vehicle charging
stations. (Section 7.)
The bill creates the following requirements and enforcement authority:
Local governmental entities shall issue permits for electric vehicle charging stations based solely upon
standards in rule and state law.
Before a charger is placed into service for use by the public, the charger must be registered with DACS on a
DACS form.
DACS has the authority to inspect electric vehicle charging stations, conduct investigations, and enforce
laws and rules by imposing one or more of the following penalties against a person by:
o Issuing of a warning letter.
o Imposing an administrative fine in the Class II category pursuant to s. 570.971, F.S. for each
violation.
If DACS determines that an electric vehicle charging station or any associated equipment presents a threat
to the public health, safety, or welfare, DACS may issue an immediate final order prohibiting the use of the
electric vehicle charging station or any portion thereof.
DACS may bring a legal action to enjoin a violation (prevent a violation) in the circuit court. The court may
immediately issue the temporary or permanent injunction upon demonstration of certain evidence by
DACS. (Section 7.)
Licenses for Certain Shows
The bill eliminates the reference to “minstrel” shows in current Florida law. (Section 71.)
Florida Farmer Financial Protection Act
The bill creates the Florida Farmer Financial Protection Act (FFFP Act), which prohibits a financial institution from
denying or restricting services to an agriculture producer where the denial or restriction is based, in whole or in
part, on an ESG factor. (Section 72.)
A financial institution, including any affiliate or subsidiary thereof, is subject to the FFFP Act if the institution:
16 See, e.g., Mister Transmission, The Essential Guide To Cooling Transmission Fluid: Keeping Your Car Healthy, (Mar. 22, 2024),
https://www.mistertransmission.com/the-essential-guide-to-cooling-transmission-fluid-keeping-your-car-
healthy/#:~:text=Transmission%20fluid%20does%20more%20than,smooth%20operation%20of%20your%20vehicle (last
visited Mar. 16, 2025); Romeoville Toyota, Stop Right There: Understanding the Importance of Brake Fluid, (Feb. 12, 2021),
https://www.romeovilletoyota.com/stop-right-there-understanding-the-importance-of-brake-fluid/ (last visited Mar. 16,
2025).
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10
Is authorized to do business in Florida;
Has total assets of more than $100 million; and
Offers financial services, which is defined in the bill as any product or service that is of a financial nature
and offered by a financial institution. (Section 72.)
Under the bill, if a financial institution has made any ESG commitment related to agriculture, there is an inference
that the financial institution has violated the FFFP Act. A financial institution may overcome that inference,
however, by demonstrating that its denial or restriction of financial services was based solely on documented risk
analysis, and not on an ESG factor. (Section 72.)
For purposes of the FFFP Act, the bill creates definitions for the following terms:
“Agriculture producer” means a person or company that is:
o Authorized to do business in Florida, and
o Engaged in the production of goods derived from plants or animals, which includes, but is not
limited to, the growing of crops, silviculture, animal husbandry, or the production of livestock or
dairy products.
“Denies or restricts” means refusing to provide services, terminating existing services, or restricting or
burdening the scope or nature of services offered or provided.
“ESG factor” means:
o Any factor or consideration that is collateral to (or not reasonably likely to affect or impact)
financial risk, and
o Includes the promotion, furtherance, or achievement of environmental, social, or political goals,
objectives, or outcomes, which may include the agriculture producer’s greenhouse gas emissions,
use of fossil-fuel derived fertilizer, or use of fossil-fuel powered machinery. (Section 72.)
The bill authorizes the Attorney General, in consultation with the Office of Financial Regulation, to enforce the
FFFP Act. Further, any violation of the FFFP Act constitutes an unfair trade practice under the Florida Deceptive
and Unfair Trade Practices Act. Under the bill, the Attorney General is authorized to investigate and seek remedies
as provided in general law. (Section 72.)
The bill also provides that actions for damages may be sought by an aggrieved party, which creates a private right
of action for a violation of the FFFP Act. (Section 72.)
Concealed Weapons and Preemption of Firearm Regulations
The bill requires DACS to, upon notification by a law enforcement agency, court, clerk’s office, or the Florida
Department of Law Enforcement (FDLE), temporarily suspend a firearm license or the processing of an
application for a firearm license if the licensee or applicant is arrested or formally charged with a crime that would
disqualify such person from having a firearm license under current law, until final disposition of the case. (Section
74.)
The bill also requires DACS to notify a firearm licensee or applicant suspended under current law of his or her right
to a hearing pursuant to ch. 120, F.S. The bill requires a hearing conducted regarding the temporary suspension to
be for the limited purpose of determining whether the licensee has been arrested or charged with a disqualifying
crime or issued an injunction or court order. If the criminal case or injunction results in a non-disqualifying
disposition, DACS must issue an order lifting the suspension upon the applicant or licensee’s submission to DACS of
a certified copy of the final resolution. If the criminal case results in a disqualifying disposition, the suspension
remains in effect and DACS must proceed with denial or revocation proceedings pursuant to ch. 120, F.S. (Section
74.)
The bill provides the above provisions must not be construed to limit, restrict, or inhibit the constitutional right to
bear arms and carry a concealed weapon in this state; finds that it is a matter of public policy and public safety to
ensure that potentially disqualifying information about an applicant or licensee is investigated and processed in a
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11
timely manner by DACS; and charges DACS with making an eligibility determination and issuing a license in the
particular time frames prescribed by the bill. (Section 74.)
The bill provides that civil fines assessed pursuant to s. 790.33(3)(c), F.S., and any attorney fees and costs must be
assessed only upon a finding that the entity received notice of the local ordinance or administrative rule or
regulation impinging upon such exclusive occupation of the field of regulation of firearms and ammunition at least
30 days before a suit under s. 790.33(3)(f), F.S., was filed and that the entity failed to change the ordinance,
regulation, measure, directive, rule, enactment, order, or policy within that 30-day period. (Section 75.)
Fuel Theft
The bill makes it a third-degree felony to willfully, knowingly, and without authorization:
Possess any form of a payment instrument that can be used, alone or in conjunction with another device, to
authorize a fuel transaction or obtain fuel, including, but not limited to, a plastic payment card with a
magnetic stripe or chip encoded with account information;
With the intent to defraud the fuel retailer, authorized payment instrument account holder, or the banking
institution that issued the payment instrument financial account. (Section 76.)
The bill also makes it a second-degree felony to willfully, knowingly, and without authorization, uses any such
payment instrument with the requisite intent described above. (Section 76.)
Mail Theft
The bill provides that the following acts constitute mail theft:
Removing mail from a mail depository or taking mail from a mail carrier of a postal service with an intent
to steal.
Obtaining custody of mail by fraud or deception with an intent to steal.
Selling, receiving, possessing, transferring, buying, or concealing mail obtained by either of the two
methods described above, while knowing or having reason to know the mail was obtained illegally.
(Section 77.)
The bill also provides that the following acts constitute theft of, or unauthorized reproduction of, a mail depository
key or lock:
Stealing, or obtaining by false pretense, any key or lock adopted by a postal service for a mail depository or
other authorized receptacle for the deposit or delivery of mail.
Knowingly and unlawfully making, forging, or counterfeiting any key described above or possessing any
such key or lock adopted by a postal service, with the intent to unlawfully or improperly use, sell, or
otherwise dispose of the key or lock, or to cause the key or lock to be unlawfully or improperly used, sold,
or otherwise disposed. (Section 77.)
Under the bill, the first violation of the above provisions constitutes a first-degree misdemeanor, punishable by a
term of imprisonment not exceeding 1 year, a fine up to $1,000, or both. The second or subsequent violation
constitutes a third-degree felony, punishable by a term of imprisonment not exceeding 5 years, a fine up to $5,000,
or both. (Section 77.)
Facilities for Agricultural Education
The bill prohibits a local government from adopting any ordinance, regulation, rule, or policy to prohibit, restrict,
regulate, or otherwise limit any activities of public educational facilities and auxiliary facilities constructed by a
board for agricultural education, for Future Farmers of America or 4-H activities, or the storage of any animals or
equipment. (Section 78.)
The bill also provides that lands used for agricultural education or for Future Farmers of America or 4-H activities
shall be considered agricultural lands. (Section 78.)
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12
The bill reenacts several provisions of existing law to incorporate the amendments made by the bill. (Sections 79-
116.)
Unless otherwise provided, the bill has an effective date of July 1, 2025. (Section 117.)
RULEMAKING:
The bill authorizes DACS to adopt rules related to electric vehicle charging stations. (Section 7.)
The bill authorizes DACS to adopt rules to implement the Florida Retail Fuel Transfer Switch Modernization Grant
Program created by the bill, including rules that establish an application process, deadlines, and required
supporting documentation.
The bill grants DACS rulemaking authority to establish an enrollment by rule process for best management
practices (BMPs) that agricultural pollutant sources and agricultural producers may use instead of certain other
DACS’ BMPs.
Under the bill, the attestation statements required under the Florida Solicitations of Contributions Act and Honest
Services Registry must be submitted on a form prescribed by DACS. The bill also grants DACS general rulemaking
authority to implement the provisions in the bill relating to the Florida Solicitations of Contributions Act and
Honest Services Registry.
The bill authorizes DACS to adopt rules to administer the bill’s requirement that DACS foster and encourage the
employment and retention of qualified veterinary pathologists in the state.
The bill authorizes DACS to adopt rules for bulk licensing renewal processes.
The bill authorizes DACS to adopt rules, including emergency rules, to implement a Silviculture Emergency
Recovery Program. The bill provides that emergency rules adopted under this authority are effective for six
months and may be renewed during the process of adopting permanent rules addressing the same subject.
The bill requires DACS to adopt rules establishing registration requirements for the annual petroleum registration
program created by the bill.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Benefit costs for the reclassification of certain DACS personnel will have an indeterminate fiscal impact on DACS.
The bill creates new misdemeanors for illegal activities relating to drones on agricultural land, the distribution of
certain mushroom spores, and mail theft. The bill also creates felonies for possession of any form of payment used
to defraud fuel retailers or tamper with components of retail fuel dispensers. This may have an indeterminate
impact on the Florida Department of Law Enforcement and the Florida Department of Corrections.
Overall, the bill may have an indeterminate negative impact on state expenditures due to the cost of implementing
new and expanded regulatory programs and grant programs.
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13
LOCAL GOVERNMENT:
The bill may have a negative impact on county governments that are required by the bill to conduct reviews of
electric utilities’ ten-year site plans. Such reviews will require county resources, and many counties may not have
the expertise to conduct the required reviews with existing resources.
The bill may also have a negative impact on local government revenues by providing that all lands used for
agricultural education or for Future Farmers of America or 4-H activities must be considered agricultural lands,
which may be subject to lower ad valorem tax rates.
PRIVATE SECTOR:
The bill may encourage private investment in the co-development of lands for both agricultural and solar energy
production purposes.
By requiring electric utilities to offer the state the opportunity to acquire less than fee simple development rights
to certain lands acquired or owned by the electric utility, the bill may diminish the market value of lands for which
the state chooses to make such an acquisition. Though the bill is silent as to the means of compensation for these
rights, the electric utility may receive compensation in the near term. Ultimately, the impacts of the bill on electric
utility costs and the value of electric utility investment may affect rates charged to the utility’s customers.
Food distributors may incur costs associated with the proper labeling of plant-based products that currently have
the words “meat,” “milk,” “poultry,” or “poultry product” in their labels.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Electric Utility Ten-Year Site Plans
Every year, each electric utility in the state submits to the Public Service Commission (PSC) a ten-year site plan that
provides an estimate of the utility’s power-generating needs and the general location of its proposed power plant
sites over the next 10 years. These plans are tentative information for planning purposes only and may be
amended at any time at the discretion of the utility upon written notification to the PSC. The PSC must conduct a
preliminary study of each plan, in which it must review:
The need, including the need as determined by the commission, for electrical power in the area to be
served;
The effect on fuel diversity within the state;
The anticipated environmental impact of each proposed electrical power plant site;
Possible alternatives to the proposed plan;
The views of appropriate local, state, and federal agencies, including the views of the appropriate water
management district as to the availability of water and its recommendation as to the use by the proposed
plant of salt water or fresh water for cooling purposes;
The extent to which the plan is consistent with the state comprehensive plan;
The plan with respect to the information of the state on energy availability and consumption;
The amount of renewable energy resources that the utility produces or purchases;
The amount of renewable energy resources the utility plans to produce or purchase over the 10-year
planning horizon and the means by which the production or purchases will be achieved; and
A statement describing how the production and purchase of renewable energy resources impact the
utility’s present and future capacity and energy needs.
Based on its preliminary study of a plan, the PSC must classify each plan as “suitable” or “unsuitable” and submit its
findings to the Department of Environmental Protection for consideration in subsequent power plant site
certification proceedings.17
17 S. 186.801, F.S.
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14
Based on each electric utility’s most recent ten-year site plans, approximately 30 counties are listed as the location
of preferred sites for power plant development, including solar farms, over the ten year planning period.
Classification of Agricultural Lands
A property appraiser classifies all lands as either agricultural or nonagricultural. Agricultural lands are those used
primarily for bona fide agricultural purposes18 such as horticulture, viticulture, forestry, and farming.19 Only the
area of the land used for agricultural purposes benefits from the agricultural classification.
A property appraiser must reclassify lands as nonagricultural if the lands are diverted from an agricultural to a
nonagricultural use or are no longer used for agricultural purposes. There are certain protections for agricultural
classifications when land is temporarily not being used for agriculture due to a natural disaster or in compliance
with certain state agriculture programs.20
Agricultural lands are taxed at a value based solely on their agricultural use,21 which requires a property appraiser
to use a different analysis to value the land than that used to determine the just value of land.22 Lands classified as
agricultural also enjoy certain benefits and protections, such as a preemption on local government restrictions of
farming on those lands23 and limits on nuisance complaints related to farming activities.24
State Acquisition of Development Rights
In property law, a fee simple acquisition is an outright purchase of land. A “less than fee simple” acquisition refers
to the purchase of limited property rights, often for purposes of conserving and protecting resources on the
property at less cost than purchasing the land outright.25
As an example of less than fee simple acquisitions, DACS, through the Rural and Family Lands Protection Program,
is authorized to acquire permanent agricultural land conservation easements.26 Under this program, DACS, on
behalf of the Board of Trustees of the Internal Improvement Trust Fund, is authorized to allocate funds to acquire
perpetual, less than fee simple interests in land and enter into agricultural protection agreements and resource
conservation agreements.27 These arrangements compensate property owners for restrictions on the future
development of their land in perpetuity while allowing them to continue agricultural activities.28 Property owners
may apply to DACS to be included in the program’s approved acquisition list.29 To qualify for acquisition under the
program, the agricultural land must protect the integrity and function of working landscapes, ensure opportunities
for viable agricultural activities on working lands threatened by conversion to other uses, and meet certain public
purposes.30 The program is voluntary; upon written request from a property owner, DACS must remove the
owner’s property from any lists or maps developed to implement the program.31
18 “Bona fide agricultural purposes” means good faith commercial agricultural use of the land. S. 193.461(3)(b), F.S.
19
S. 193.461(5), F.S.
20
S. 193.461(7), F.S.
21 Art. VII, s. 4(a), Fla. Const.
22
S. 193.461(6)(c), F.S.
23
S. 163.3162, F.S.
24
See s. 823.14, F.S.
25 The Florida Senate, Committee on Environmental Preservation and Conservation, Issue Brief 2011-217, Florida Forever’s
Land Acquisition Using Less-Than-Fee Methods, October 2010,
https://www.flsenate.gov/UserContent/Session/2011/Publications/InterimReports/pdf/2011-217ep.pdf (last visited March
6, 2025).
26 Department of Agriculture and Consumer Services (DACS), Rural and Family Lands Protection Program,
https://www.fdacs.gov/Consumer-Resources/Protect-Our-Environment/Rural-and-Family-Lands-Protection-Program (last
visited March 6, 2025).
27 S. 570.71, F.S.
28 Id. See also DACS, supra note 10.
29 DACS, supra note 10.
30 S. 570.71, F.S.
31 Id.
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Prohibited Uses of Unmanned Aircraft
Under Florida law, a person may not knowingly or willfully operate a drone over specified critical infrastructure
facilities,32 allow a drone to contact these facilities or persons or objects on the premises, or allow a drone to come
within a distance close enough to interfere with operation of these facilities or cause a disturbance. Similarly, a
person may not knowingly or willfully operate a drone over a public or private school or make contact with a
school or persons or objects on the premises. First time violations of these prohibitions are second degree
misdemeanors, while subsequent violations are first degree misdemeanors, though these charges are upgraded if
the drone operator also records video of a school or persons or objects on the school’s premises.33
For purposes of these prohibitions, a drone is defined as a powered, aerial vehicle that:
Does not carry a human operator;
Uses aerodynamic forces to provide vehicle lift;
Can fly autonomously or be piloted remotely;
Can be expendable or recoverable; and
Can carry a lethal or nonlethal payload.34
Exceptions to these prohibitions are provided for owners or operators of critical infrastructure facilities, persons
acting with prior written consent, law enforcement acting in compliance with Florida law related to search and
seizure using a drone, and governmental entities.35
Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program
Following the devastation of Hurricane Idalia in 2023, the Florida legislature passed CS/HB 1-C to provide relief to
those affected by the hurricane.36 Among other things, the law established the Agriculture and Aquaculture
Producers Natural Disaster Recovery Loan Program within DACS to make loans to agriculture and aquaculture
producers who experience damage or destruction from a declared natural disaster. Loan funds may be used to
restore, repair, or replace essential physical property or remove vegetative debris from essential physical
property.37
Under the program, DACS is authorized to make low-interest or interest-free loans of up to $500,000 to eligible
applicants. An approved applicant may receive no more than one loan per declared disaster, two loans per year,
and five loans within any 3-year period. The term of each loan is 10 years.38 To be eligible, an applicant must:
Own or lease a bona fide farm operation that is located in a county that experienced a declared natural
disaster and that was damaged or destroyed as a result of the declared natural disaster; and
Maintain complete and acceptable farm records, pursuant to criteria published by DACS, and present them
as proof of production levels and bona fide farm operations.39
The loan program expires on July 1, 2043, unless reviewed and saved from repeal by the Legislature.40
In the same bill, the Legislature appropriated $37.5 million in nonrecurring funds to administer a cost-sharing
grant program to assist timber landowners in specified counties whose timber land was damaged as a result of
Hurricane Idalia. Grants made to eligible timber landowners must be for up to 75 percent of the costs for site
preparation and tree replanting on lands classified as agricultural lands under s. 193.461, Florida Statutes. The
32 For purposes of this law, “critical infrastructure facilities” are defined in s. 330.41(2)(a), F.S.
33 S. 330.41, F.S.
34 S. 330.41(b), F.S., cross-referencing the definition provided in s. 934.50(2)(a), F.S.
35 S. 330.41, F.S.
36 Ch. 2023-349, Laws of Fla., codified at s. 570.822, F.S.
37 Id.
38 Id.
39 “Bona fide farm operations” are defined in s. 570.822(1)(a), F.S.
40 S. 570.822(10), F.S.
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maximum grant award is $250,000. Site preparation work may include downed tree removal by a variety of
methods, including mechanical harvesting or prescribed burns authorized by the Florida Forest Service.41
Viticulture
“Wine” is defined in Florida law as all beverages made from fresh fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added.42 “Viticulture” refers only to the production and
utilization of grapes.43
Florida law creates a Viticulture Advisory Council (Council) within DACS. The primary responsibility of the Cuncil
is to provide annually industry recommendations for viticultural research, promotion, and education to the
Commissioner of Agriculture.44 The Commissioner, in consultation with the Council, develop and coordinate the
implementation of the State Viticulture Plan, which identifies problems in the viticulture industry, propose
possible solutions to those problems, and develop planning mechanisms for orderly growth of the industry.45
DACS also administers the Florida Farm Winery Program, under which a winery may qualify as a tourist attraction
if it is registered with and certified by DACS as a Florida Farm Winery. Upon request of a certified Florida Farm
Winery, the Department of Transportation must acquire and place Florida Farm Winery logo, emblem, and
directional signs on the rights-of-way of interstate highways and primary and secondary roads, with the costs for
placing each sign paid by the winery.46
Citrus Regulation
In 2006, the Legislature replaced DACS’ citrus canker eradication program with a comprehensive citrus health plan
aimed at minimizing the impact of exotic citrus pests and diseases.47 As a result of these changes, Florida law
prohibits any person from propagating for sale or movement any citrus nursery stock that was not propagated or
grown on a site and within a protective structure approved by DACS and that is not at least one mile from
commercial citrus groves.
The law requires DACS to establish regulated areas around the perimeter of commercial citrus groves established
after April 1, 2006, not to exceed a one mile radius, in which planting of citrus is prohibited. For groves established
before April 1, 2006, planting within a one mile radius must be approved by DACS. In regulated areas, DACS must
require removal of infected or infested citrus, non-approved planted citrus, and citrus that has sprouted by natural
means. The law establishes a process by which DACS may issue an immediate final order and notify property
owners of any required removal.48
Mosquito Control
By the mid-1920s, mosquito control programs were beginning to form in the state to locally control mosquitoes
and protect public health in their regions. Today, Florida has over 60 state-approved mosquito control programs.49
Mosquito control programs work to suppress populations of mosquitoes by implementing “integrated mosquito
management.” This process involves crucial methods for mosquito abatement, including population surveillance,
source reduction, and various types of treatments for immature and adult mosquitoes. As licensed pesticide
applicators, mosquito control programs are regulated by DACS.50
41 Ch. 2023-349, s. 24, Laws of Fla.
42 S. 564.01, F.S.
43 S. 599.001, F.S.
44 S. 599.002, F.S.
45 S. 599.003, F.S.
46 S. 599.004, F.S.
47 Ch. 2006-45, Laws of Fla.
48 S. 581.1843, F.S.
49 Department of Agriculture and Consumer Services, Florida Mosquito Control, available at https://www.fdacs.gov/Business-
Services/Mosquito-Control/Mosquitoes-General-Information (last visited Mar.14, 2025).
50 See ch. 388, F.S.
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Florida’s Water Resources
All groundwater and surface water in Florida is a public resource.51 It is this state’s policy to promote the
conservation and proper utilization of surface and groundwater;52 “promote the availability of sufficient water for
all existing and future reasonable-beneficial uses and natural systems;”53 and “to protect, maintain, and improve
the quality [of the waters of the state] for public water supplies, for the propagation of wildlife and fish and other
aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses and to provide that no
wastes be discharged into any waters of the state without first being given the degree of treatment necessary to
protect the beneficial uses of such water.”54
Total Maximum Daily Load
If Florida’s Department of Environmental Protection (DEP) determines that any waters are impaired,55 the
waterbody or segment must be placed on the verified list of impaired waters (Verified List) and a total maximum
daily load (TMDL) must be calculated.56 A TMDL is the science-backed maximum amount of a pollutant that a
waterbody or segment may take in and still maintain water quality standards.57 DEP is the lead agency that
coordinates the development and implementation of TMDLs.58
The Florida Watershed Restoration Act59 guides the development and implementation of TMDLs.60 TMDLs must
include reasonable and equitable pollutant load allocations between or among point sources (e.g., pipes and
culverts discharging from a permitted facility, such as a domestic wastewater treatment facility) and nonpoint
sources (e.g., agriculture, septic tanks, golf courses) that will alone, or in conjunction with other management and
restoration activities, reduce pollutants and achieve water quality standards.61 As of December 2023, 459 TMDLs
had been established for impaired waters in Florida.62
Basin Management Action Plans
Once a TMDL is adopted,63 DEP may develop and implement a basin management action plan (BMAP), which is a
restoration plan for the watersheds and basins connected to the impaired waterbody64 that is included on DEP’s
51 Ch. 373, F.S.
52 S. 373.016(3)(b), F.S.
53 S. 373.016(3)(d), F.S.
54 Ss. 373.016(3)(h) and 403.021(2), F.S.
55 A body of water is considered impaired if its contaminated by pollutants. California Office of Environmental Health Hazard,
Impaired Water Bodies, https://oehha.ca.gov/calenviroscreen/indicator/impaired-water-
bodies#:~:text=When%20water%20is%20contaminated%20by,or%20near%20the%20water%20body. (last visited Mar. 15,
2025).
56S. 403.067(1), F.S.; Department of Environmental Protection, Verified List Waterbody Ids (WBIDs),
https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-waterbody-ids-wbids/about (last visited Mar. 15, 2025); and s.
403.067(4), F.S.
57 S. 403.031(20), F.S.
58 S. 403.061, F.S. The Department of Environmental Protection (DEP) has the power and duty to control and prohibit the
pollution of air and water in accordance with the law and rules adopted and promulgated by it. Florida law allows DEP to
advise, consult, cooperate, and enter into agreements with other state agencies, the federal government, other states,
interstate agencies, and certain other parties. S. 403.061(22), F.S.
59 Ch. 99-223, Laws of Fla.
60 S. 403.067, F.S.
61 S. 403.067(6)(b), F.S.
62 Office of Economic & Demographic Research, Annual Assessment of Florida’s Water Resources: Quality, p. 5 (2024 Edition),
http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf (last visited Mar. 15,
2025).
63 S. 403.067(6)(c), F.S.
64 S. 403.067(7)(a)1., F.S.
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18
Verified List. BMAPs are one of the primary mechanisms DEP utilizes to achieve TMDLs, and a BMAP addresses the
pollutant causing the impairment.65
Each new or revised BMAP must include:
The appropriate management strategies available through existing water quality protection programs to
achieve TMDLs;
A description of best management practices adopted by rule;
For the applicable 5-year milestone, a list of projects that will achieve the pollutant load reductions needed
to meet the TMDL or established load allocations with a planning-level cost estimate and estimated date of
completion for each listed project;
The source and amount of financial assistance to be made available by DEP, a water management district,
or other entity for each listed project, if applicable; and
A planning-level estimate of each listed project’s expected load reduction, if applicable.66
BMAPs must include 5-year milestones for implementation and water quality improvement, as well as a water
quality monitoring component to evaluate whether reasonable progress is being achieved over time.67 An
assessment of progress must be conducted every 5 years, and revisions to the BMAP must be made as
appropriate.68
Best Management Practices
A best management practice (BMP) is a means, practice or combination of practices determined by the
coordinating agencies, that is based on research, field testing and expert review, to be the most effective and
practicable on-location means, including economic and technological considerations, for improving water quality
in agricultural and urban discharges.69 BMPs for agricultural discharges must reflect a balance between water
quality improvements and agricultural productivity.70
Categories of practices include:
Nutrient management to determine nutrient needs and sources and manage nutrient applications to
minimize impacts to water resources.
Irrigation management to address the method and scheduling of irrigation to reduce water and nutrient
losses to the environment.
Water resource protection using buffers, setbacks and swales to reduce or prevent the transport of
sediments and nutrients from production areas to water bodies.71
DACS' Office of Agricultural Water Policy (Office) develops and adopts BMPs by rule for different types of
agricultural commodities.72 Through the implementation of applicable BMPs adopted by DACS, agricultural
producers in Florida reduce their impacts to water quality.73 At least every 2 years, DACS must perform onsite
inspections of each agricultural producer that enrolls in a BMP to ensure that such practice is being properly
implemented.74 Such verification must include a collection and review of the BMP documentation from the
65 Department of Environmental Protection: Division of Environmental Assessment and Restoration, Guidance on Developing
Restoration Plans as Alternatives to TMDLs – Assessment Category 4b and 4e Plans, p. 2 (June 2015)
https://floridadep.gov/sites/default/files/4b4ePlansGuidance.pdf (last visited Mar. 15, 2025).
66 S. 403.067(7)(a)4., F.S.
67 S. 403.067(7)(a)6., F.S.
68 Id.
69 S. 403.4595(2)(a), F.S.
70 Id.
71 Department of Agriculture and Consumer Services, Agricultural Best Management Practices,
https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-Management-Practices (last visited Mar. 14, 2025).
72 Id.
73 Id.
74 S. 403.607(7)(d)3., F.S.
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previous 2 years required by rule, including, but not limited to, nitrogen and phosphorus fertilizer application
records, which must be collected and retained.75
Safe Drinking Water Act
The federal Safe Drinking Water Act76 (SDWA) was originally passed by Congress in 1974 to protect public health
by regulating the nation’s public drinking water supply.77 The law was amended in 1986 and 1996 and requires
many actions to protect drinking water and its sources, such as rivers, lakes, reservoirs, springs, and ground water
wells.78 However, the SDWA does not regulate private wells which serve fewer than 25 individuals. The SDWA
authorizes the U.S. Environmental Protection Agency (EPA) to set national health-based standards for drinking
water to protect against both naturally-occurring and man-made contaminants that may be found in drinking
water.79
Originally, the EPA primarily enforced compliance with the SDWA, but now the EPA primarily oversees the state
programs approved to take its place.80 The SWDA requires all states to adopt all new and revised regulations under
the SWDA.81 Florida’s codification of the SWDA can be found in ch. 403, F.S. In Florida, DEP is the primary agency
for enforcing compliance with the SDWA.82 However, the Florida Department of Health oversees SDWA programs
in six Florida counties, which include Hillsborough, Miami-Dade, Palm Beach, Polk, Sarasota, and Volusia.83
Water Treatment
Water utilities often use a series of water treatment steps to remove harmful germs and chemicals and meet safety
standards, which ensures the tap water in a community is safe to drink.84 Different utilities will use different
treatment steps depending on the initial quality of the water being treated.85 Typically, the water treatment steps
are, in this order, coagulation, flocculation, sedimentation, filtration, and disinfection.86 Water treatment plants
commonly adjust water pH after the disinfection step.87 Adjusting the pH improves taste, reduces corrosion
(breakdown) of pipes, and helps chemical disinfectants continue killing germs as the water travels through pipes.88
Fluoride in Drinking Water
In addition to adjusting water pH, water treatment plans also add fluoride to the water after the disinfection step in
the water treatment process.89 Almost all water contains some naturally occurring fluoride, but usually at levels too
75 Id.
76 42 U.S.C. § 300f et seq.
77 U.S. Environmental Protection Agency, Overview of the Safe Drinking Water Act (Jan. 2025),
https://www.epa.gov/sdwa/overview-safe-drinking-water-act (last visited Mar. 14, 2025).
78 42 U.S.C. § 300f(4)(C). See also U.S. Environmental Protection Agency, Overview of the Safe Drinking Water Act (Jan. 2025),
https://www.epa.gov/sdwa/overview-safe-drinking-water-act (last visited Mar. 14, 2025).
79 U.S. Environmental Protection Agency, Overview of the Safe Drinking Water Act (Jan. 2025),
https://www.epa.gov/sdwa/overview-safe-drinking-water-act (last visited Mar. 14, 2025).
80 Olexa, Michael T., Borisova, Caracciolo, 2021 Handbook of Florida Water Regulation: Safe Drinking Water Act (June 21, 2021),
p. University of Florida Institute of Food and Agricultural Sciences: Publication #FE587,
https://edis.ifas.ufl.edu/publication/FE587 (last visited Mar. 14, 2025).
81 Id.
82 Id.
83 Id.
84 U.S. Centers for Disease Control and Prevention, Drinking Water: How Water Treatment Works,
https://www.cdc.gov/drinking-water/about/how-water-treatment-works.html (last visited Mar. 14, 2025).
85 Id.
86 For more information on the different steps in the water treatment process, see U.S. Centers for Disease Control and
Prevention, Drinking Water: How Water Treatment Works, https://www.cdc.gov/drinking-water/about/how-water-
treatment-works.html (last visited Mar. 14, 2025).
87 Id.
88 Id.
89 U.S. Centers for Disease Control and Prevention, About Community Water Fluoridation,
https://www.cdc.gov/fluoridation/about/index.html#cdc_health_safety_special_topic_how-how-it-works (last visited Mar. 14, 2025).
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low to prevent cavities.90 The recommended fluoride concentration in drinking water, also called the optimal level,
is 0.7 milligrams of fluoride per liter of water.91 Tooth decay is one of the most common health problems affecting
children today.92 Studies show that widespread community water fluoridation can help prevent cavities and save
money, both for families and the health care system.93 In fact, drinking fluoridated water reduces cavities by about
25% in children and adults.94
Pest Control and Pesticide Licensing and Certification
For structural pest control (pest control provided to homes or other structures), Florida law requires that each
pest control business location must:
Be licensed by DACS;
Carry the required insurance coverage ($250,000 per person and $500,000 per occurrence for bodily
injury and $250,000 per occurrence and $500,000 in the aggregate for property damage, or a combined
single limit coverage of $500,000 in the aggregate); and
Employ full-time a Florida-certified operator in charge of the pest control operations of the business
location. This operator must be certified in the categories in which the business operates, which may
include one or more of the following:
o General Household Pest and Rodent Control.
o Termite and Other Wood-Destroying Organisms Control.
o Lawn and Ornamental Pest Control.
o Fumigation.95
A certified operator is an individual who has passed an examination administered by DACS in any of four
certification categories listed above. A person can be certified in one or more of these categories.
A company’s pest control operations are the responsibility of the certified operator in charge and the business
operations are limited to the category (or categories) of certification possessed by the operator (or operators) in
charge at the business location.96
DACS also administers four Limited Certification Categories:
Commercial Landscape Maintenance applicators.
Governmental or Private applicators.
Commercial Urban Fertilizer applicators.
Commercial Wildlife Management.97
None of these certifications allows the operation of a commercial pest control business.
DACS also administers the Florida Pesticide Law98 (FPL) for purposes of regulating the distribution, sale, and use of
pesticides in the state. Among other things, the FPL requires that each brand of pesticide distributed or sold in the
state must be registered with DACS.99 The FPL also requires DACS to issue certified applicator licenses for public,
90
Id.
91
Id.
92
Medical News Today, Why do we have fluoride in our water? (Feb. 21 2018),
https://www.medicalnewstoday.com/articles/154164#uses (last visited Mar. 14, 2025)
93
U.S. Centers for Disease Control and Prevention, About Community Water Fluoridation,
https://www.cdc.gov/fluoridation/about/index.html#cdc_health_safety_special_topic_how-how-it-works (last visited Mar. 14, 2025).
94
U.S. Centers for Disease Control and Prevention, Community Water Fluoridation Fast Facts,
https://www.cdc.gov/fluoridation/about/index.html#cdc_health_safety_special_topic_how-how-it-works (last visited Mar. 14, 2025).
95 DACS, Pest Control Licensing and Certification, https://www.fdacs.gov/Business-Services/Pest-Control/Licensing-and-
Certification (last visited Mar. 15, 2025).
96 DACS, Pest Control FAQ, https://www.fdacs.gov/Business-Services/Pest-Control/Pest-Control-FAQ (last visited Mar. 15,
2025).
97 DACS, supra note 41.
98 Part I, ch. 487, F.S.
99 S. 487.031, F.S.
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private, commercial, and specially designated classes of restricted-use pesticide100 applicators, subject to
examination by DACS.101 DACS is authorized to impose specified penalties for violations of the FPL.102
Solicitations of Contributions Act
Organizations intending to solicit donations in Florida are required to register with DACS pursuant to the
Solicitation of Contributions Act (SCA).103 The SCA contains basic registration, financial disclosure, and notification
requirements for charitable organizations104 and sponsors,105 fundraising consultants, and solicitors.
Charitable organizations must submit an initial registration statement to DACS and include a financial report, a
statement of the purpose of the charity, how donations will be used, names of individuals in charge of solicitation
activities, and proof of federal tax-exempt status. The charity must also identify any professional solicitors and
fundraising consultants the charity will use, along with the terms of the arrangements for compensation to be paid
to the consultant and solicitor.106
The registration must include a statement related to the charity’s activities in other states, including whether the
charity is authorized to operate in another state; whether the charity’s registration has been denied, suspended, or
revoked in another state; and whether the charity or any person associated with the charity has been subject to
any adverse administrative actions or criminal convictions in any state.107
A charitable organization or sponsor that is required to register or renew registration must file an annual financial
statement for the immediately preceding year with DACS. The statement must include:
A balance sheet;
A statement of support, revenue and expenses;
Names and addresses of any charities, professional fundraising consultants, professional solicitors, and
commercial co-ventures used and the amounts received from each of them; and
A statement of functional expenses that must include program service costs, management and general
costs, and fundraising costs.108
Anyone who willfully violates the SCA commits a third-degree felony109 and, for any subsequent violation, a second-
degree felony.110 Additionally, DACS may enter an order imposing a range of administrative penalties, including
100 As defined for purposes of the Florida Pesticide Law, “restricted-use pesticide” means a pesticide which, when applied in
accordance with its directions for use, warnings, and cautions and for uses for which it is registered or for one or more such
uses, or in accordance with a widespread and commonly recognized practice, may generally cause, without additional
regulatory restrictions, unreasonable adverse effects on the environment, or injury to the applicator or other persons, and
which has been classified as a restricted-use pesticide by the department or the administrator of the United States
Environmental Protection Agency.”
101 S. 487.0435, F.S., and s. 487.044, F.S.
102 S. 487.175, F.S.
103 S. 496.401, F.S.
104 Charitable organization means a person who is or holds herself or himself out to be established for any benevolent,
educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental
conservation, civic, or other eleemosynary purpose, or a person who in any manner employs a charitable appeal as the basis
for any solicitation or an appeal that suggests that there is a charitable purpose to any solicitation. The term includes a
chapter, branch, area office, or similar affiliate soliciting contributions within the state for a charitable organization that has its
principal place of business outside the state. S. 496.404(1), F.S.
105 A sponsor is a group or person who is, or holds itself out to be, soliciting contributions by the use of a name that implies
that the group or person is in any way affiliated with, or organized for the benefit of, emergency service employees or law
enforcement officers and the group or person is not a charitable organization. The term includes a chapter, branch, or affiliate
that has its principal place of business outside the state if the chapter, branch, or affiliate solicits or holds itself out to be
soliciting contributions in the state. S. 496.404(25), F.S.
106 S. 496.405(2), F.S.
107 Id.
108 S. 496.407(1), F.S.
109 A third-degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. Ss. 775.082, F.S. and 775.083, F.S.
110 A second-degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082 and 775.083, F.S.
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imposing an administrative fine up to $5,000 for each act or omission as well as a fine up to $10,000 for any
violation that involves fraud or deception.111
Florida Food Safety Act
The Florida Food Safety Act112 (FFS Act) is intended to “safeguard the public health and promote the public welfare
by protecting the consuming public from injury by product use and the purchasing public from injury by
merchandising deceit, flowing from intrastate commerce in food.”113 DACS administers and enforces compliance
with the FFS Act “in order to prevent fraud, harm, adulteration, misbranding, or false advertising in the
preparation, manufacture, storage, or sale of articles of food.”114 DACS is also charged with enforcing compliance
with the FFS Act as it relates to “the production, manufacture, transportation, storage, and sale of food, as well as
articles entering into, and intended for use as ingredients in the preparation of, food.”115
The FFS Act regulates the state’s cottage food116 industry, and provides that the regulation of cottage food
operations117 is preempted to the state.118 Under the FFS Act, a cottage food operation is exempt from the FFS Act’s
permitting requirements if the cottage food operation complies with the FFS Act and has annual gross sales of
cottage food products that do not exceed $250,000.119 In Florida, a cottage food operation may only sell cottage
food products which are packaged with a label affixed that contains the following information:
The name and address of the cottage food operation.
The name of the cottage food product.
The ingredients of the cottage food product, in descending order of predominance by weight.
The net weight or net volume of the cottage food product.
Allergen information as specified by federal labeling requirements.
If any nutritional claim is made, appropriate nutritional information as specified by federal labeling
requirements.
The following statement printed in at least 10-point type in a color that provides a clear contrast to the
background of the label: “Made in a cottage food operation that is not subject to Florida’s food safety
regulations.”120
Under the FFS Act, a food permit issued by DACS is required of any person who operates a food establishment in
the state, unless an exemption applies.121 In fact, a food permit must be applied for and received before any
operation may begin at a food establishment.122 An application for a permit from DACS must be accompanied by a
fee in an amount determined by DACS rule.123 A food permit issued to a new food establishment on or after
September 1, 2023, is valid for 1 calendar year after the date of issuance and must be renewed annually on or
before that date.124 Effective January 1, 2024, a food permit issued before September 1, 2023, expires on the month
and day the initial permit was issued to the food establishment and must be renewed annually on or before that
date thereafter.125
111 S. 496.419, F.S.
112 Ch. 500, F.S.
113 S. 500.02(1), F.S.
114 S. 500.032(1), F.S.
115 Id.
116 Cottage food is food that is not a potentially hazardous food, as defined by DACS rule, which is sold by a cottage food
operation. S. 500.03(1)(j), F.S.
117 A cottage food operation means a natural person or entity that produces or packages cottage food products at the residence
of the natural person or at the residence of a natural person who has an ownership interest in the entity and sells such
products in accordance with s. 500.80, F.S. S. 500.03(1)(i), F.S.
118 S. 500.80(6), F.S.
119 S. 500.80(1)(a), F.S.
120 S. 500.80(3), F.S.
121 S. 500.12(1)(a), F.S.
122 S. 500.12(1)(b), F.S.
123 Id.
124 S. 500.12(1)(b)1., F.S.
125 S. 500.12(1)(b)2., F.S.
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23
For purposes of enforcing the FFS Act, current law requires carriers engaged in interstate commerce and persons
receiving food in interstate commerce, upon request by a DACS officer or employee, to permit the officer or
employee to have access to and to copy all records showing the movement in interstate commerce of any food, and
the quantity, shipper, and consignee thereof.126
Under the FFS Act, when DACS or its duly authorized agent finds or has probable cause to believe that any food,
food processing equipment, food processing area, or food storage area is in violation of the FFS Act or any rule
adopted thereunder so as to be dangerous, unwholesome, mislabeled, fraudulent, or unsanitary, a DACS agent may
issue and enforce a stop-sale, stop-use, removal, or hold order.127 The order must give notice that the article,
processing equipment, processing area, or storage area is or is suspected of being in violation and has been
detained or embargoed, and must warn all persons not to remove, use, or dispose of such article, processing
equipment, processing area, or storage area by sale or otherwise until permission for removal, use, or disposal is
given by DACS or the court.128 A person may not remove, use, or dispose of such detained or embargoed article,
processing equipment, processing area, or storage area by sale or otherwise without such permission.129
Legal Status of Psilocybin in Florida
Psilocybin, also known as “magic mushrooms,” are naturally occurring and consumed for their hallucinogenic
effects.130 Under Florida law, psilocybin and psilocyn131 is currently classified as a Schedule I substance.132
Possession of psilocybin in Florida is a third-degree felony, which carries severe legal penalties including up to 5
years in prison and substantial fines.133 Certain mushroom spores and mycelium, which is a type of fungi, can be
propagated and grown into mushrooms that have psilocybin properties. But the spores do not contain any
psilocybin properties themselves and therefore could be considered legal under current law.134
Plant-Based Products Labeled as “Milk,” “Meat,” or “Poultry”
There has been an increase in availability in the marketplace and consumption of plant-based milk alternatives:
In 2010, one-fifth of U.S. households purchased or consumed plant-based milk alternatives.
By 2016, one-third of U.S. households purchased plant-based milk alternatives, totaling $1.5 billion in sales
that year.
From 2017 to 2019, sales of plant-based milk alternatives increased nearly 15 percent reaching $2 billion.
In 2020, retail sales continued to increase, rising to approximately $2.4 billion.135
While some plant-based milk alternative products have “beverage” or “drink” in their labeling, the majority of
products have the word “milk” in their names.136 Consumers purchase plant-based milk alternatives for various
reasons, such as allergies, intolerances, religious practices, and lifestyle choices (e.g., vegan diet). The FDA has
issued guidance that, for purposes of compliance with its rules and regulations, a plant-based milk alternative may
be labeled with the term “beverage,” “drink,” or “milk.”137
126 S. 500.166, F.S.
127 S. 500.172(1), F.S.
128 Id.
129 Id.
130 Alcohol and Drug Foundation, Psilocybin (Mar. 7, 2025), https://adf.org.au/drug-facts/psilocybin/ (last visited Mar. 15,
2025).
131 When psilocybin is taken, it’s converted in the body to psilocin, which a the chemical with the psychoactive properties.
Alcohol and Drug Foundation, Psilocybin (Mar. 7, 2025), https://adf.org.au/drug-facts/psilocybin/ (last visited Mar. 15, 2025).
132 S. 893.03(1)33., 34., F.S.
133 Ss. 775.082(3)(e) and 775.083(1)(c), F.S.
134 Freeman, S., and Chandler, N. How Magic Mushrooms Work, https://science.howstuffworks.com/magic-mushroom.htm (last
visited Mar. 15, 2025).
135 U.S. Food and Drug Administration, Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance
for Industry (Feb. 2023), p. 4, https://www.fda.gov/media/165420/download (last visited Mar. 15, 2025).
136 Id. at p. 5
137 Id. at p. 13.
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Under federal law, the terms below are defined as follows:
“Milk” is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or
more healthy cows. Milk that is in final package form for beverage use shall have been pasteurized or ultra
pasteurized, and shall contain not less than 81⁄4 percent milk solids not fat and not less than 31⁄4 percent
milkfat. Milk may have been adjusted by separating part of the milkfat therefrom, or by adding thereto
cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Milk may
be homogenized.138
“Meat” means the part of the muscle of any cattle, sheep, swine, or goats which is skeletal or which is found
in the tongue, diaphragm, heart, or esophagus, with or without the accompanying and overlying fat, and the
portions of bone (in bone-in product such as T-bone or porterhouse steak), skin, sinew, nerve, and blood
vessels which normally accompany the muscle tissue and that are not separated from it in the process of
dressing.139
“Poultry” means any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs, also
termed young pigeons from one to about thirty days of age), whether live or dead.140
Consumer Unit Pricing Act
The purposes of Florida’s Consumer Unit Pricing Act (CUP Act) include:
Protecting the interests of consumers and encourage constructive and useful competition in the sale of
consumer commodities.
Encouraging, to the extent that it will facilitate the consumer’s choice of consumer commodities, the
development and use of a method of unit pricing for consumer commodities.
Prohibiting the use of unit pricing of consumer commodities when it would tend to mislead or deceive
consumers.141
DACS has the authority, duty and responsibility of administering and enforcing the CUP Act.142 Under the CUP Act,
the price of all consumer commodities offered for sale or sold by a seller shall be expressed as the price per
approved unit of quantity.143 The CUP Act requires a seller to conspicuously and clearly display the price per
package or unit and the unit price in close proximity to the display of the commodity in such manner as may be
established by DACS rule.144 Any person who offers for sale, or sells, any consumer commodity in violation of the
CUP Act is guilty of a second-degree misdemeanor.145
Veterinary Pathology
Veterinary pathologists work in animal disease surveillance, prevention, diagnosis and treatment.146 They
investigate disease (in both humans and animals), conduct research, and develop medicines. They play a key role
in the development of safe and effective medicines, agrochemicals and chemicals, and contribute to animal
conservation and protection.147
Veterinary pathologists work in academic and government research institutions, public and private diagnostic labs
(including those at zoos), government regulatory agencies (such as the U.S. Food and Drug Administration, U.S.
Department of Agriculture, U.S. Centers for Disease Control and Prevention, and U.S. Environmental Protection
138 21 C.F.R. § 31.110
139 9 C.F.R. § 301.2
140 9 C.F.R. § 381.1
141 S. 501.135(2)(a)-(c), F.S.
142 S. 501.135(4), F.S.
143 S. 501.135(5)(a), F.S.
144 S. 501.135(6), F.S.
145 S. 501.135(7), F.S.
146 The Royal College of Pathologists, Become a Veterinary Pathologist, https://www.rcpath.org/discover-pathology/careers-
in-pathology/become-a-veterinary-pathologist.html (last visited Mar. 16, 2025).
147 Id.
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Agency), industry (pharmaceutical and biotech companies, chemical companies, contract research organizations),
and in the military (U.S. Army Veterinary Corps and Joint Pathology Center).148
Boll Weevil Eradication
In the late 1800s, a small beetle native to Central or South America entered the United States near Brownsville,
Texas and spread rapidly across the country’s cotton growing regions. By the 1920s, Anthonomus grandis, the boll
weevil, was causing more economic damage than any agricultural pest in U.S. history. 149 For much of the 20th
century, the boll weevil caused tens of millions of dollars in damage to cotton producers, reduced land values, and
greatly disrupted local economies.150 The ubiquitous boll weevil adapted to several efforts by man to control it,
including the use of arsenic and DDT as pesticides, and worked its way into American culture through folk music151
and an Alabama monument.152
In the late 1970s, the National Boll Weevil Eradication Program was launched by the U.S. Department of
Agriculture’s Animal and Plant Health Inspection Service along the Virginia-North Carolina border. The program
later expanded into other Southeastern states then westward.153 In 1987, the Florida Legislature passed the Florida
Boll Weevil Eradication Law, empowering DACS to lead the state’s efforts to contain the pests and protect cotton
crops.154
It worked. Through a combination of strategies, including pheromone traps in the spring, hand picking infected
cotton buds during the growing season, plowing under the cotton stalks after harvest, and low levels of pesticides
in the fall, boll weevils have been eradicated in all states except Texas. Cotton can now be grown in many areas
with little or no need for pesticides, and the National Boll Weevil Eradication Program is considered one of the
greatest success stories of American agriculture.155
Backup Power Requirements for Motor Fuel Retail Outlets
Certain motor fuel retail outlets156 in Florida that are located within one-half mile of an interstate highway or a
state or federally designated evacuation route must be prewired with an appropriate transfer switch and be
capable of operating all fuel pumps, dispensing equipment, life safety systems, and payment acceptance equipment
using an alternate generated power source.157 This requirement applies to each motor fuel retail outlet:
Located in a county having a population of 300,000 or more and which has 16 or more fueling positions.
Located in a county having a population of 100,000 or more, but fewer than 300,000, and which has 12 or
more fueling positions.
148 American College of Veterinary Pathologists, What is Veterinary Pathology? https://www.acvp.org/page/What_is_Vet_Path
(last visited Mar. 16, 2025).
149 Stephanie Hall, The Life and Times of Boll Weevil, Library of Congress Blogs, Folklife Today (Dec. 11, 2013),
https://blogs.loc.gov/folklife/2013/12/the-life-and-times-of-boll-weevil/ (last visited Mar. 14, 2025).
150 USDA Animal and Plant Health Inspection Service, Cotton Pests, https://www.aphis.usda.gov/plant-pests-diseases/cotton-
pests (last visited Mar. 13, 2025).
151 Buster “Bus” Ezell’s 1941 classic, The Boll Weevil, starts: “The first time I saw Boll Weevil, He was sitting on a cotton square.
The next time I saw Boll Weevil, He had his whole family there.” The full recording can be found on the Library of Congress
website at https://www.loc.gov/item/ftvbib000046/?loclr=blogflt (last visited Mar. 14, 2025). See also note 43.
152 In December 1919, the City of Enterprise, Alabama, in response to the successful conversion of agricultural production in
the area from cotton to peanuts and other crops, raised a monument to the boll weevil and holds an annual Boll Weevil Fall
Festival. Hall, supra note 36.
153 National Cotton Council of America, History of the Eradication Program,
https://www.cotton.org/tech/pest/bollweevil/eradication2.cfm (last visited Mar. 13, 2025)..
154 Ch. 87-55, Laws of Fla., codified at Part I of Chapter 593, F.S.
155 National Cotton Council of America, supra note 40; Hall, supra note 36.
156 A “motor fuel retail outlet” is a facility where motor fuel is offered for sale at retail to the motoring public. S. 526.303(14),
F.S. “Motor fuel” means any petroleum product, including any special fuel, which is used for the propulsion of motor vehicles.
S. 526.303(5), F.S.
157 S. 526.143(3), F.S.
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Located in a county having a population of fewer than 100,000 and which has eight or more fueling
positions.158
Each retail outlet subject to these requirements must keep documentation of these installations on site or at its
corporate headquarters. In addition, each retail outlet must keep a written statement attesting to the periodic
testing of and ensured operational capacity of the equipment. The required documents must be made available,
upon request, to the Division of Emergency Management and the director of the county emergency management
agency.159
Further, each newly constructed or substantially renovated160 motor fuel retail outlet for which a certificate of
occupancy is issued on or after July 1, 2006, must be prewired with an appropriate transfer switch and capable of
operating all fuel pumps, dispensing equipment, life safety systems, and payment acceptance equipment using an
alternate generated power source. As used in this subsection, the term “substantially renovated” means a
renovation that results in an increase of greater than 50 percent in the assessed value of the motor fuel retail
outlet.
Packaging Information
DACS’ Bureau of Standards is responsible for establishing standards of weight, measure, or count and reasonable
standards of fill161 for any commodity in package form, as necessary.162 Any package that is one of a lot containing
random weights of the same commodity and bearing the total selling price of the package must bear on the outside
of the package a plain and conspicuous declaration of the price per single unit of weight.163 Further, when a
packaged commodity is advertised in any manner with the retail price stated, there must be closely and
conspicuously associated with the retail price a declaration of quantity as required by law or rule to appear on the
package.164
Regulation of Antifreeze
Under current law, DACS administers the Antifreeze Act of 1978. This Act requires that each brand of antifreeze
distributed in the state must be registered with DACS before distribution. If DACS finds, upon analysis and
inspection, that the antifreeze meets minimum standards established by DACS, is not adulterated, and meets its
labeling claims, DACS must issue a certificate of registration authorizing distribution of the antifreeze in the state
for a period of either 12 or 24 months.
As defined for purpose of DACS’ regulation, “antifreeze” means any substance or preparation, that is sold,
distributed, or intended for use as the cooling liquid in the cooling system of internal combustion engines of motor
vehicles to preventing freezing or to raise the boiling point of water for the prevention of engine overheating.165
Regulation of Electric Vehicle Charging Stations
Regulation of electric vehicle charging stations is preempted to the state. Local governments are prohibited from
enacting or enforcing an ordinance or regulation related to these charging stations. The law requires DACS to adopt
rules to provide requirements for electric vehicle charging stations to allow for consistency for consumers and the
industry.166
158 Id.
159 Id.
160 The term “substantially renovated” means a renovation that results in an increase of greater than 50 percent in the
assessed value of the motor fuel retail outlet. S. 526.143(2), F.S.
161 A “standard of fill” refers to the amount of liquid in a container rather than the size or capacity of the container itself.
162 S. 531.41(4), F.S.
163 S. 531.48, F.S.
164 S. 531.49, F.S.
165 S. 501.912, F.S.
166 S. 366.94, F.S.
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Minstrel Shows
Florida has an antiquated law that requires each person who operates any traveling show, exhibition, amusement
enterprise, carnival, minstrel, rodeo, or other show or amusement, within the grounds of any annual public fair to
pay license taxes provided by law.167
Dual Oversight over Financial Institutions
To accept deposits, an institution must have a federal or state charter. Banks are chartered and regulated as national
banks under the authority of the Office of the Comptroller of the Currency within the U.S. Department of the Treasury
or as state banks under the authority of a state regulator.168
Due to federal preemption, a state’s regulatory authority over federally chartered institutions is limited. Once a
financial institution obtains a charter, the regulator’s primary task is to ensure solvency. The regulator
accomplishes this by conducting financial exams of its licensed entities. Financial institutions also need approval
from their regulator to make changes in their upper management, merge with another company, pay dividends to
shareholders, engage in material transactions with subsidiaries and affiliates, or make significant changes to their
business operations.169
Banks chartered in Florida must become a member of the Federal Reserve or obtain insurance from the Federal
Deposit Insurance Corporation.170 Credit Unions chartered in Florida must insure their accounts by becoming a
member of the National Credit Union Administration.171 Thus, state-chartered banks and credit unions are subject
to a dual-regulatory system.
Financial Institutions Codes
Florida’s Financial Institutions Codes (Codes) are codified under Title XXXVIII of the Florida Statutes. A primary
purpose of the Codes is to provide for and promote the safe and sound conduct of the financial services industry in
Florida.172 The Codes apply to all state-authorized and state-chartered financial institutions and to the
enforcement of all laws relating to state-authorized and state-chartered financial institutions.173 The Codes define
the term “financial institution” as a state or federal savings or thrift association, bank, savings bank, trust company,
international bank agency, international banking corporation, international branch, international representative
office, international administrative office, international trust entity, international trust company representative
office, qualified limited service affiliate, credit union, and certain other corporations.174
Office of Financial Regulation
The Office of Financial Regulation (OFR) is the regulatory authority for Florida’s financial services industry.175 OFR
reports to the Financial Services Commission (Commission) which is made up of the Governor and the members of
the Florida Cabinet: the Chief Financial Officer, Attorney General, and Agriculture Commissioner.176 OFR enforces
167 S. 616.12(1), F.S.
168 Congressional Research Service, Introduction to Financial Services: Banking, January 5, 2023,
https://crsreports.congress.gov/product/pdf/IF/IF10035 (last visited Mar. 12, 2025).
169 For a detailed discussion of the regulatory framework, see, Congressional Research Service, Who Regulates Whom? An
Overview of the U.S. Financial Regulatory Framework, March 10, 2020,
https://crsreports.congress.gov/product/pdf/R/R44918/7 (last visited Mar. 12, 2025). Also see ss. 655.037, 655.0385,
655.0386, 655.03855, and 655.412, F.S.
170 Ss. s. 658.22, F.S. and 658.38, F.S.
171 Ss. s. 657.005, F.S. and 657.008, F.S.
172 S. 655.001(2), F.S.
173 S. 655.001(1), F.S.
174 S. 655.005(1)(i), F.S.
175 Florida Office of Financial Regulation, About Our Agency, https://flofr.gov/sitePages/AboutOFR.htm (last visited Mar. 12,
2025).
176 Id.
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and administers the Financial Institutions Codes; is responsible for supervising banks, credit unions, savings
associations, and international bank agencies; and licenses and regulates non-depository finance companies and
the securities industry.177
OFR must examine the condition of each state-chartered financial institution at least every 18 months, and may
conduct more frequent examinations as needed, based on risks associated with a licensee, like prior examination
results or significant operational changes.178 When a state-chartered financial institution also has a federal
regulator, OFR may accept an examination performed by the federal regulator or the regulators may conduct a
joint examination.179
Unsafe and Unsound Practices
The Codes require financial institutions to make determinations about the provision or denial of services based on
an analysis of risk factors unique to each current or prospective customer or member.180 Financial institutions are
prohibited from engaging in an unsafe and unsound practice, which means a financial institution may not deny,
cancel, suspend, or terminate its services to a person, or to otherwise discriminate against a person in making
available such services, on the basis of:181
The person’s political opinions, speech, or affiliations;
Except as otherwise provided, the person’s religious beliefs, religious exercise, or religious affiliations;
Any factor if it is not a quantitative, impartial, and risk-based standard, including any such factor related to
the person’s business sector; or
The use of any rating, scoring, analysis, tabulation, or action that considers a social credit score based on
factors including, but not limited to, certain environmental, social, and governance factors.182
Engaging in an unsafe or unsound practice is a violation of the Codes and subjects the violator to sanctions and
penalties provided in the Codes.183 Such acts also constitute a violation of the Florida Deceptive and Unfair Trade
Practices Act (FDUTPA), which codifies laws relating to the protection of consumers from those who engage in
unfair methods of competition, or unconscionable, deceptive, or unfair practices in commerce.184 A financial
institution that engages in an unsafe or unsound practice is also subject to sanctions and penalties provided in
FDUTPA.185
Further, if a customer or member of a financial institution suspects that the institution has engaged in an unsafe or
unsound practice, the aggrieved customer or member may submit a complaint to OFR within 30 days of the act that
gave rise to the suspicion.186 OFR must then investigate the financial institution to determine whether a violation
occurred.187 If OFR determines that a violation occurred, and unless otherwise prohibited by law, OFR must notify
the customer or member, the financial institution, and the Department of Financial Services of the violation.188
Firearm Licensing
177 Florida Department of Financial Services, Financial Services Commission, https://www.myfloridacfo.com/about/about-
dfs/commission (last visited Mar. 12, 2025). See also, s. 655.012, F.S.
178 S. 655.045(1), F.S.
179 S. 655.045(1)(a), F.S.
180 S. 655.0323(1), F.S.
181 S. 655.0323(2), F.S.
182 See s. 655.0323(2)(d)1.-8., F.S., for a list of such factors.
183 S. 655.0323(4), F.S.
184 S. 501.202(2), F.S.
185 S. 655.0323(7), F.S.
186 S. 655.0323(4), F.S.
187 S. 655.0323(5), F.S.
188 S. 655.0323(5)(e), F.S.
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DACS is statutorily authorized to issue concealed weapon and concealed firearm licenses to qualifying applicants.189
For purposes of the concealed carry licensure law, “concealed weapons or concealed firearms” means a handgun,
electronic weapon or device, tear gas gun, knife, or billie, but not a machine gun.190
To obtain a concealed weapon or concealed firearm license, a person must complete, under oath, an application
that includes:
The name, address, place and date of birth, race, and occupation of the applicant;
A color photograph of the applicant which must be taken within the preceding 30 days;
A statement that the applicant has been furnished with a copy of ch. 790, F.S., relating to weapons and
firearms and is knowledgeable about the provisions in ch. 790, F.S..;
A warning that the application is executed under oath with penalties for falsifying or substituting false
documents;
A statement that the applicant desires a concealed weapon or firearm license as a means of lawful self-
defense;
A full set of fingerprints;
Documented proof of completion of a firearm safety and training course; and
A nonrefundable license fee.191
DACS must issue a license to carry a concealed weapon or concealed firearm if all other requirements are met and
the applicant:
Is a resident of the United States and a citizen of the United States or a permanent resident alien of the
United States, as determined by the United States Bureau of Citizenship and Immigration Services, or is a
consular security official of a foreign government;192
Is 21 years of age or older;193
Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
Is not ineligible to possess a firearm by virtue of having been convicted of a felony;
Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the
provisions of ch. 893, F.S., or similar laws of any other state relating to controlled substances within a 3-
year period immediately preceding the date on which the application is submitted;
Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her
normal faculties are impaired;194
Desires a legal means to carry a concealed weapon or concealed firearm for lawful self- defense;
Demonstrates competence with a firearm;
Has not been adjudicated an incapacitated person, unless 5 years have elapsed since the applicant’s
restoration to capacity by court order;
Has not been committed to a mental institution, unless the applicant produces a certificate from a licensed
psychiatrist that he or she has not suffered from disability for at least 5 years prior to the date of
submission of the application;
Has not had adjudication of guilt withheld or imposition of a sentence suspended on any felony or
misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other
conditions set by the court have been fulfilled, or the record has been sealed or expunged;
189 S. 790.06(1), F.S.
190 Id.
191 S. 790.06(4)-(5) F.S.
192 Such consular security official must maintain diplomatic relations and treaties of commerce, friendship, and navigation with
the United States and is certified as such by the foreign government and by the appropriate embassy in this country.
193 Pursuant to s. 790.062, F.S., the department must issue a license to carry a concealed weapon or concealed firearm to a
servicemember or veteran who does not meet the 21 years of age threshold if he or she is otherwise qualified.
194 It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired if the applicant has been committed under ch. 397, F.S., or under the provisions of
former ch. 396, F.S., or has been convicted under s. 790.151, F.S., or has been deemed a habitual offender under
s. 856.011(3), F.S., or has had two or more convictions under s. 316.193, F.S., or similar laws of any other state, within the 3-
year period immediately preceding the date on which the application is submitted. Section 790.06(2), F.S.
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Has not been issued an injunction that is currently in force and effect and that restrains the applicant from
committing acts of domestic violence or acts of repeat violence; and
Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal
law.195
DACS must:
Revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had
imposition of sentence suspended for one or more crimes of violence within the preceding 3 years.196
Upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement
(FDLE) and subsequent written verification, suspend a license or the processing of an application for a
license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such
person from having a license under this section, until final disposition of the case.197
Suspend a license or the processing of an application for a license if the licensee or applicant is issued an
injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of
repeat violence.198
Fuel Theft
DACS regularly inspects petroleum distribution systems and retail gas stations to ensure fuel dispensers are
working properly.199 A fuel pulser is a plastic device connected to the fuel pump dispenser meter, which is within
the fuel pump.200 The pulser converts the mechanical movement of the fuel meter and then sends electrical pulses
to control the dispenser’s electronic display.201 The pulsers can be replaced by an altered pulser that interrupts the
electrical signal, which enables the ability to obtain large amounts of gas for a small percentage of the cost.202
Florida law does not specifically address crimes committed with fuel pulsers.203
Mail Theft
Mail theft is a federal crime that involves the unauthorized taking or destruction of mail belonging to another,
which can include any mail, packages, or letters left in or near mailboxes for pickup or delivery.204 The offense of
stealing mail carries severe penalties under federal law, including fines and imprisonment for up to five years, or
both, for each offense.205 The penalties can also increase if the theft occurs under certain circumstances, such as
stealing mail containing financial instruments or stealing mail committed during a natural disaster.206
195 S. 790.06(2), F.S.
196 Id.
197 Id.
198 Id.
199 Florida Department of Agriculture and Consumer Services, Petroleum Inspection, https://www.fdacs.gov/Business-
Services/Petroleum-Inspection (last visited March 14, 2025).
200 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2023 Senate Bill 1150, p. 3 (Mar. 8, 2023).
201 Id.
202 Id.
203 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2023 Senate Bill 1150, p. 3, 4 (Mar. 8, 2023).
204 18 U.S.C. § 1701-1710. See also, Hager & Schwartz, P.A., What Happens When You Steal Mail in Florida? (July 28, 2023),
https://www.defendyourcase.com/criminal-defense-blog/2023/july/what-happens-when-you-steal-mail-in-florida/ (last
visited Mar. 14, 2025).
205 18 U.S.C. § 1708. See also, Hager & Schwartz, P.A., What Happens When You Steal Mail in Florida? (July 28, 2023),
https://www.defendyourcase.com/criminal-defense-blog/2023/july/what-happens-when-you-steal-mail-in-florida/ (last
visited Mar. 14, 2025).
206 Hager & Schwartz, P.A., What Happens When You Steal Mail in Florida? (July 28, 2023),
https://www.defendyourcase.com/criminal-defense-blog/2023/july/what-happens-when-you-steal-mail-in-florida/ (last
visited Mar. 14, 2025).
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In Florida, mail and package theft are typically classified as petty theft or grand theft, depending on the value of the
stolen items. Petty theft involves the theft of property valued at less than $750, while grand theft applies to items
valued at $750 or more.207 The following are the penalties for petty theft in Florida:
Value under $100: A misdemeanor that carries a maximum jail sentence of six months and a fine of up to
$500.
Value between $100 and less than $750: A misdemeanor punishable by a jail term of up to one year and a
maximum fine of $1,000.208
The following are the penalties for grand theft in Florida:
Value between $750 and $20,000: A third-degree felony, punishable by up to five years in prison and a fine
of up to $5,000.
Value between $20,000 and $100,000: A second-degree felony, resulting in a maximum sentence of 15
years in prison and a fine of up to $10,000.
Value exceeding $100,000: A first-degree felony, carrying a potential sentence of up to 30 years in prison
and a fine of up to $10,000.209
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Keating
Subcommittee
Criminal Justice Subcommittee
Agriculture & Natural Resources
Budget Subcommittee
Commerce Committee
207 S. 812.014, F.S. See also, Hager & Schwartz, P.A., What Happens When You Steal Mail in Florida? (July 28, 2023),
https://www.defendyourcase.com/criminal-defense-blog/2023/july/what-happens-when-you-steal-mail-in-florida/ (last
visited Mar. 14, 2025).
208 Id.
209 Id.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 651 2025
1 A bill to be entitled
2 An act relating to 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.
6 186.801, F.S.; requiring an electric utility to submit
7 a 10-year site plan for a proposed power plant on
8 certain lands to the county commission where such
9 proposed power plant is located; requiring a county
10 commission receiving such site plans to fulfill
11 certain requirements; amending s. 193.461, F.S.;
12 revising requirements for land to be classified as
13 agricultural; amending s. 201.25, F.S.; conforming a
14 provision to changes made by the act; amending s.
15 330.41, F.S.; defining terms; prohibiting a person
16 from knowingly or willfully performing certain actions
17 on lands classified as agricultural; providing
18 criminal penalties; providing applicability;
19 prohibiting a person from knowingly or willfully
20 performing certain actions on private property, state
21 wildlife management lands, or a sport shooting and
22 training range; providing criminal penalties;
23 providing applicability; creating s. 366.20, F.S.;
24 requiring that certain lands acquired by an electric
25 utility be offered for sale for less than fee simple
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26 acquisition of development rights by the state;
27 requiring that certain lands owned by an electric
28 utility be offered for sale for less than fee simple
29 acquisition of development rights by this state before
30 certain circumstances; providing retroactive
31 applicability; amending s. 366.94, F.S.; defining the
32 term "electric vehicle charging station"; authorizing
33 the department to adopt rules; requiring local
34 governmental entities to issue permits for electric
35 vehicle charging stations based on specified standards
36 and provisions of law; requiring an electric vehicle
37 charger to register with the department before being
38 placed into service for use by the public; providing
39 the department with certain authority relating to
40 electric vehicle charging stations; providing a
41 penalty; authorizing the department to issue an
42 immediate final order to an electric vehicle charging
43 station under certain circumstances; providing that
44 the department may bring an action to enjoin a
45 violation of specified provisions or rules; requiring
46 the court to issue a temporary or permanent injunction
47 under certain circumstances; amending s. 388.011,
48 F.S.; revising the definition of "board of
49 commissioners"; defining the term "program"; amending
50 s. 388.021, F.S.; making a technical change; amending
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51 s. 388.181, F.S.; authorizing programs to perform
52 specified actions; amending s. 388.201, F.S.;
53 conforming provisions to changes made by the act;
54 requiring that the tentative work plan budget covering
55 the proposed operations and requirements for arthropod
56 control measures show the estimated amount to be
57 raised by county, municipality, or district taxes;
58 requiring that county commissioners' or a similar
59 governing body's mosquito control budget be made and
60 adopted pursuant to specified provisions and requiring
61 that summary figures be incorporated into the county
62 budgets as prescribed by the department; amending s.
63 388.241, F.S.; providing that certain rights, powers,
64 and duties be vested in the board of county
65 commissioners or similar governing body of a county,
66 city, or town; amending s. 388.261, F.S.; increasing
67 the amount of state funds, supplies, services, or
68 equipment for a certain number of years for any new
69 program for the control of mosquitos and other
70 arthropods which serves an area not previously served
71 by a county, municipality, or district; conforming a
72 provision to changes made by the act; amending s.
73 388.271, F.S.; requiring each program participating in
74 arthropod control activities to file a tentative
75 integrated arthropod management plan with the
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76 department by a specified date; conforming provisions
77 with changes made by the act; amending s. 388.281,
78 F.S.; requiring that all funds, supplies, and services
79 released to programs be used in accordance with the
80 integrated arthropod management plan and certified
81 budget; requiring that such integrated arthropod
82 management plan and certified budget be approved by
83 both the board of county commissioners and appropriate
84 representative; conforming provisions to changes made
85 by the act; amending s. 388.291, F.S.; providing that
86 a program may perform certain source reduction
87 measures in any area providing that the department has
88 approved the operating or construction plan as
89 outlined in the integrated arthropod management plan;
90 conforming provisions to changes made by the act;
91 amending s. 388.301, F.S.; revising the schedule by
92 which state funds for the control of mosquitos and
93 other arthropods may be paid; conforming provisions to
94 changes made by the act; amending s. 388.311, F.S.;
95 conforming provisions to changes made by the act;
96 amending s. 388.321, F.S.; conforming provisions to
97 changes made by the act; amending s. 388.322, F.S.;
98 requiring the department to maintain a record and
99 inventory of certain property purchased with state
100 funds for arthropod control use; conforming provisions
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101 to changes made by the act; amending s. 388.323, F.S.;
102 providing that certain equipment no longer needed by a
103 program be first offered for sale to other programs
104 engaged in arthropod control at a specified price;
105 requiring that all proceeds from the sale of certain
106 property owned by a program and purchased using state
107 funds be deposited in the program's state fund
108 account; conforming provisions to changes made by the
109 act; amending s. 388.341, F.S.; requiring a program
110 receiving state aid to submit a monthly report of all
111 expenditures from all funds for arthropod control by a
112 specified timeframe as may be required by the
113 department; conforming provisions to changes made by
114 the act; amending s. 388.351, F.S.; conforming
115 provisions to changes made by the act; amending s.
116 388.361, F.S.; conforming provisions to changes made
117 by the act; amending s. 388.3711, F.S.; revising the
118 department's enforcement powers; amending s. 388.381,
119 F.S.; conforming provisions to changes made by the
120 act; amending s. 388.391, F.S.; conforming provisions
121 to changes made by the act; amending s. 388.401, F.S.;
122 conforming provisions to changes made by the act;
123 amending s. 388.46, F.S.; revising the composition of
124 the Florida Coordinating Council on Mosquito Control;
125 amending s. 403.067, F.S.; providing an exception for
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126 which agricultural producers the department must
127 perform onsite inspections for; authorizing the
128 department to adopt rules establishing an enrollment
129 in best management practices by rule process;
130 authorizing the department to identify best management
131 practices for specified landowners; requiring the
132 department to annually perform onsite inspections of a
133 certain percentage of all enrollments that meet
134 specified qualifications within a specified area;
135 providing requirements for such inspections; requiring
136 agricultural producers enrolled by rule in a best
137 management practice to annually submit nutrient
138 records to the department; requiring the department to
139 collect and retain such records; amending s. 403.852,
140 F.S.; defining the term, "water quality additive";
141 amending s. 403.859, F.S.; providing that the use of
142 certain additives in a water system which do not meet
143 the definition of water quality additive or certain
144 other additives is prohibited and violates specified
145 provisions; amending s. 482.111, F.S.; revising
146 requirements for the renewal of a pest control
147 operator's certificate; authorizing a third-party
148 vendor to collect and retain a convenience fee;
149 amending s. 482.141, F.S.; requiring the department to
150 provide in-person and remote testing for the
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151 examination through a third-party vendor for an
152 individual seeking pest control operator
153 certification; authorizing a third-party vendor to
154 collect and retain a convenience fee; amending s.
155 482.155, F.S.; requiring the department to provide in-
156 person and remote testing for the examination through
157 a third-party vendor for an individual seeking limited
158 certification for a governmental pesticide applicator
159 or a private applicator; authorizing a third-party
160 vendor to collect and retain a convenience fee;
161 deleting provisions requiring the department to make
162 such examination readily accessible and available to
163 all applicants on a specified schedule; amending s.
164 482.156, F.S.; requiring the department to provide in-
165 person and remote testing for the examination through
166 a third-party vendor for an individual seeking a
167 limited certification for commercial landscape
168 maintenance; authorizing a third-party vendor to
169 collect and retain a convenience fee; deleting
170 provisions requiring the department to make such
171 examination readily accessible and available to all
172 applicants on a specified schedule; amending s.
173 482.157, F.S.; revising requirements for issuance of a
174 limited certification for commercial wildlife
175 management personnel; authorizing a third-party vendor
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176 to collect and retain a convenience fee; deleting
177 provisions requiring the department to make an
178 examination readily accessible and available to all
179 applicants on a specified schedule; amending s.
180 482.161, F.S.; authorizing the department to take
181 specified disciplinary action upon the issuance of a
182 final order imposing civil penalties or a criminal
183 conviction pursuant to the Federal Insecticide,
184 Fungicide, and Rodenticide Act; amending s. 487.044,
185 F.S.; requiring the department to provide in-person
186 and remote testing through a third-party vendor for
187 the examination of an individual seeking a limited
188 certification for pesticide application; authorizing a
189 third-party vendor to collect and retain a convenience
190 fee; amending s. 487.175, F.S.; providing that the
191 department may suspend, revoke, or deny licensure of a
192 pesticide applicator upon issuance of a final order to
193 a licensee which imposes civil penalties or a criminal
194 conviction under the Federal Insecticide, Fungicide,
195 and Rodenticide Act; amending s. 496.404, F.S.;
196 defining the terms "foreign country of concern" and
197 "foreign source of concern"; amending s. 496.405,
198 F.S.; revising which documents a charitable
199 organization or sponsor must file before engaging in
200 specified activities; requiring that any changes to
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201 such documents be reported to the department on a
202 specified form in a specified timeframe; revising the
203 requirements of the charitable organization's initial
204 registration statement; authorizing the department to
205 investigate or refer to the Florida Elections
206 Commission certain violations of the charitable
207 organization or sponsor; amending s. 496.415, F.S.;
208 prohibiting specified persons from soliciting or
209 accepting anything of value from a foreign source of
210 concern; amending s. 496.417, F.S.; authorizing the
211 department to investigate or refer to the Florida
212 Elections Commission certain violations of a
213 charitable organization or sponsor; amending s.
214 496.419, F.S.; prohibiting a charitable organization
215 or sponsor from registering as a charitable
216 organization for a specified timeframe if the
217 charitable organization or sponsor submits a false
218 attestation; prohibiting specified persons from
219 serving in any capacity in the charitable organization
220 for a specified timeframe if such person was serving
221 in such charitable organization at the time the
222 charitable organization submitted a false attestation;
223 creating s. 496.431, F.S.; requiring the department to
224 create the Honest Service Registry to provide
225 residents with information relating to charitable
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226 organizations; requiring a charitable organization
227 included in the Honest Services Registry to submit an
228 attestation statement to the department; requiring the
229 department to publish the Honest Services Registry on
230 the department's website; requiring the department to
231 adopt rules; amending s. 500.03, F.S.; revising the
232 definition of the term "cottage food product";
233 amending s. 500.12, F.S.; providing that the
234 department requires a food permit from any person or
235 business that operates a food establishment; revising
236 exceptions; revising the schedule for renewing certain
237 food permits; authorizing the department to establish
238 a single permit renewal date for certain food
239 establishments; amending s. 500.166, F.S.; requiring
240 certain persons engaged in interstate commerce to
241 retain all records that show certain information for a
242 specified timeframe; amending s. 500.172, F.S.;
243 authorizing the department to facilitate the
244 destruction of certain articles that violate specified
245 provisions; prohibiting certain persons from certain
246 actions without permission from, or in accord with a
247 written agreement with, the department; creating s.
248 500.75, F.S.; providing that it is unlawful to import,
249 sell, offer for sale, furnish, or give away certain
250 spores or mycelium; providing a penalty for
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251 violations; creating s. 500.93, F.S.; defining terms;
252 requiring the department to adopt rules to enforce the
253 Food and Drug Administration's (FDA's) standard of
254 identity for milk to prohibit the sale of plant-based
255 product mislabeled as milk; providing a contingent
256 effective date; requiring the department to adopt
257 rules to enforce the FDA's standard of identity for
258 meat, poultry, and poultry products to prohibit the
259 sale of plant-based product mislabeled as meat;
260 providing a contingent effective date; requiring the
261 department to adopt rules; providing construction;
262 repealing s. 501.135, F.S., relating to consumer unit
263 pricing; amending s. 501.912, F.S.; revising the
264 definition of "antifreeze"; creating s. 525.19, F.S.;
265 requiring the department to create an annual petroleum
266 registration program for petroleum owners or operators
267 who own and operate vehicles for transporting
268 petroleum; requiring the department to adopt rules for
269 such registration which include specified information;
270 requiring that the registration program be free for
271 all registrants; authorizing the department to require
272 registrants to provide certain information during a
273 state of emergency; creating s. 526.147, F.S.;
274 creating the Florida Retail Fuel Transfer Switch
275 Modernization Grant Program within the department;
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276 requiring the grant program to provide funds up to a
277 certain amount to be used for installation and
278 equipment costs related to installing or modernizing
279 transfer switch infrastructure at retail fuel
280 facilities; requiring the department to award funds
281 based on specified criteria; requiring retail fuel
282 facilities awarded grant funds to comply with
283 specified provisions; requiring such facilities to
284 install a transfer switch with specified capabilities;
285 requiring retail fuel facilities to provide specified
286 documentation before being awarded funding;
287 prohibiting certain facilities from being awarded
288 funding; requiring the department, in consultation
289 with the Division of Emergency Management, to adopt
290 rules; requiring that such rules include specified
291 information; amending s. 531.48, F.S.; requiring that
292 certain packages bear specified information on the
293 outside of the package; amending s. 531.49, F.S.;
294 revising requirements for the advertising of a
295 packaged commodity; amending s. 570.07, F.S.;
296 requiring the department to foster and encourage the
297 employment and retention of qualified veterinary
298 pathologists; providing that the department may
299 reimburse the educational expenses of certain
300 veterinary pathologists who enter into a certain
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301 agreement with the department; requiring the
302 department to administer rules; requiring the
303 department to extend certain opportunities to public
304 school students enrolled in agricultural education to
305 support Future Farmers of America programming;
306 amending s. 570.544, F.S.; revising which provisions
307 the director of the Division of Consumer Services must
308 enforce; creating s. 570.546, F.S.; authorizing the
309 department to create a process for the bulk renewal of
310 licenses; authorizing the department to create a
311 process that will allow licensees to align the
312 expiration dates of licenses within a specified
313 program; authorizing the department to change the
314 expiration date for current licenses for a certain
315 purpose; requiring the department to pro-rate the
316 licensing fee for certain licenses; requiring the
317 department to adopt rules; amending s. 570.822, F.S.;
318 defining the term "declared emergency"; revising the
319 definition of the term "program"; providing that loan
320 funds from the department may be used restock
321 aquaculture; authorizing the department to renew a
322 loan application under certain circumstances;
323 authorizing the department to defer or waive loan
324 payments under certain circumstances; conforming
325 provisions to changes made by the act; creating s.
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326 570.823, F.S.; defining terms; establishing the
327 silviculture emergency recovery program within the
328 department to administer a grant program to assist
329 certain timber landowners; requiring that such grants
330 be used for certain purposes; requiring that only
331 timber lands located on agricultural property are
332 eligible for the program; requiring the department to
333 coordinate with state agencies to provide financial
334 assistance to timber landowners after a specified
335 declared emergency; providing construction;
336 authorizing the department to adopt rules to implement
337 this section; providing construction; amending s.
338 581.1843, F.S.; deleting provisions that exclude
339 certain citrus nurseries from certain requirements;
340 deleting provisions relating to regulated areas around
341 the perimeter of commercial citrus nurseries;
342 repealing ss. 593.101, 593.103, 593.104, 593.105,
343 593.106, 593.107, 593.108, 593.109, 593.11, 593.111,
344 593.112, 593.113, 593.114, 593.1141, 593.1142,
345 593.115, 593.116, 593.117, F.S., relating to the
346 Florida Boll Weevil Eradication Law; definitions;
347 powers and duties of Department of Agriculture and
348 Consumer Services; the entry of premises to carry out
349 boll weevil eradication activities and inspections;
350 reports by persons growing cotton; quarantine areas
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351 and the regulation of articles within a boll weevil
352 eradication zone; the regulation of collection,
353 transportation, distribution, and movement of cotton;
354 cooperative programs for persons engaged in growing,
355 processing, marketing, or handling cotton; the
356 department's authority to designate eradication zones,
357 prohibit planting of cotton, and require participation
358 in eradication program; regulation of the pasturage of
359 livestock, entry by persons, and location of honeybee
360 colonies in eradication zones and other areas;
361 eligibility for certification of cotton growers'
362 organization; the certification of cotton growers'
363 organization; a referendum; an assessment; the
364 department's authority to enter agreements with the
365 Farm Service Agency; liens; mandamus or injunction;
366 penalty for violation; and the handling of moneys
367 received, respectively; amending s. 595.404, F.S.;
368 revising the department's powers and duties regarding
369 school nutrition programs; amending s. 599.002, F.S.;
370 renaming the Viticulture Advisory Council as the
371 Florida Wine Advisory Council; revising the membership
372 of the Florida Wine Advisory council; conforming
373 provisions to changes made by the act; amending s.
374 599.003, F.S.; renaming the State Viticulture Plan as
375 the State Wine Plan; conforming provisions to changes
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376 made by the act; amending s. 599.004, F.S.; making
377 technical changes; providing that wineries that fail
378 to recertify annually or pay a specified licensing fee
379 are subject to certain actions and costs; conforming
380 provisions to changes made by the act; amending s.
381 599.012, F.S.; conforming provisions to changes made
382 by the act; amending s. 616.12, F.S.; deleting
383 provisions requiring a person who operates a minstrel
384 show in connection with any certain public fairs to
385 pay specified license taxes; deleting a provision that
386 exempts such person from paying specified taxes;
387 creating s. 687.16, F.S.; providing a short tile;
388 defining terms; prohibiting a financial institution
389 from discriminating in the provision of financial
390 services to an agricultural producer based on an ESG
391 factor; providing an inference with regard to a
392 certain violation; providing that the financial
393 institution may overcome the inference by making
394 certain demonstrations regarding its denial or
395 restriction of financial services to an agricultural
396 producer; authorizing the Attorney General to enforce
397 specified provisions; providing that a violation of
398 specified provisions constitutes an unfair and
399 deceptive trade practice; authorizing the Attorney
400 General to investigate and seek remedies for such
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401 unfair trade practices; authorizing an aggrieved party
402 to seek an action for damages; amending s. 741.0305,
403 F.S.; conforming a cross-reference; amending s.
404 790.06, F.S.; revising the circumstances under which
405 the department may temporarily suspend a person's
406 license to carry a concealed weapon or concealed
407 firearm or the processing of an application for such
408 license; requiring the department to notify certain
409 licensees or applicants of his or her right to a
410 hearing; requiring that the hearing regarding such
411 suspension of license be for a limited purpose;
412 requiring the department to issue a court an order
413 lifting the suspension of an applicant's license upon
414 a certain disposition of the criminal case; requiring
415 that the suspension remain in effect upon a certain
416 disposition of the criminal case; providing
417 construction; providing legislative findings; revising
418 the duties of the department after the date of receipt
419 of a completed application for a license to carry a
420 concealed weapon or concealed firearm; requiring that
421 a license issued under this section be temporarily
422 suspended or revoked if the license was issued in
423 error or if the licensee commits certain actions;
424 amending s. 790.33, F.S.; specifying requirements for
425 the assessment of certain civil fines and attorney
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426 fees and costs; amending s. 812.0151, F.S.; revising
427 the elements of third degree and second degree felony
428 retail fuel theft; creating s. 812.136, F.S.; defining
429 terms; providing elements for the crime of mail theft;
430 providing elements of theft of or unauthorized
431 reproduction of a mail depository key or lock;
432 providing criminal penalties; creating s. 1013.373,
433 F.S.; prohibiting a local government from adopting any
434 measure to limit the activities of public educational
435 facilities or auxiliary facilities constructed by
436 certain organizations; requiring that lands used for
437 agricultural education or for the Future Farmers of
438 America or 4-H activities be considered agricultural
439 lands; reenacting s. 295.07(5)(a), F.S., relating to
440 preference in appointment and retention, to
441 incorporate the amendment made to s. 110.205, F.S., in
442 references thereto; reenacting ss. 125.01(1)(r),
443 163.3162(3)(a)-(d), 163.3163(3)(c), 163.3164(4),
444 163.3194(5), 170.01(4), 193.052(2), 193.4615,
445 212.08(5)(a) and (19)(a), 373.406(2), 403.182(11)(a),
446 403.9337(4), 472.029(2)(d), 474.2021(5),
447 474.2165(4)(d), 487.081(6), 570.85(1), 570.87(1),
448 570.94(3), 582.19(1)(a), 586.055, 604.50(2)(d),
449 604.73(3)(b), 692.201(1), 741.30(5)(a) and (6)(a),
450 810.011(5)(a), 823.14(6), and 604.50(2)(a), F.S.,
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451 relating to powers and duties; agricultural lands and
452 practices; applications for development permits;
453 community planning act; legal status of comprehensive
454 plan; authority for providing improvements and levying
455 and collecting special assessments against property
456 benefited; preparation and serving of returns;
457 assessment of obsolete agricultural equipment; storage
458 tax; exemptions; local pollution control programs; the
459 Model Ordinance for Florida-Friendly Fertilizer Use on
460 Urban Landscapes; authorization to enter lands of
461 third parties; veterinary telehealth; ownership and
462 control of veterinary medical patient records;
463 exemptions; agritourism; agritourism participation
464 impact on land classification; best management
465 practices for wildlife; qualifications and tenure of
466 supervisors; location of apiaries; nonresidential farm
467 buildings; urban agriculture pilot projects;
468 definitions; definitions; domestic violence; and the
469 Florida Right to Farm Act, respectively, to
470 incorporate the amendment made to s. 193.461, F.S., in
471 references thereto; reenacting ss. 189.062(1)(a) and
472 388.261(7), F.S., relating to special procedures for
473 inactive districts and state aid to counties and
474 districts for arthropod control, respectively, to
475 incorporate the amendment made to s. 388.271, F.S., in
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476 references thereto; reenacting ss. 482.072(3)(b) and
477 482.163, relating to pest control customer contact
478 centers and responsibility for pest control activities
479 of employee, respectively, to incorporate the
480 amendment made to s. 482.161, F.S., in references
481 thereto; reenacting s. 487.156, F.S., relating to
482 governmental agencies, to incorporate the amendment
483 made to s. 487.044, F.S., in a reference thereto;
484 reenacting ss. 496.4055(2) and 496.406(2) and (4),
485 F.S, relating to charitable organization or sponsor
486 board duties and exemption from registration,
487 respectively, to incorporate the amendment made to s.
488 496.405, F.S., in references thereto; reenacting s.
489 500.80(1)(a), F.S., relating to cottage food
490 operations, to incorporate the amendment made to s.
491 500.12, F.S., in a reference thereto; reenacting s.
492 500.121(6), F.S., relating to disciplinary procedures,
493 to incorporate the amendment made to s. 500.172, F.S.,
494 in a reference thereto; reenacting s. 790.061, F.S.,
495 relating to judges and justices, to incorporate the
496 amendment made to s. 790.06, F.S., in a reference
497 thereto; providing an effective date.
498
499 Be It Enacted by the Legislature of the State of Florida:
500
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501 Section 1. Paragraph (m) of subsection (2) of section
502 110.205, Florida Statutes, is amended to read:
503 110.205 Career service; exemptions.—
504 (2) EXEMPT POSITIONS.—The exempt positions that are not
505 covered by this part include the following:
506 (m) All assistant division director, deputy division
507 director, and bureau chief positions in any department, and
508 those positions determined by the department to have managerial
509 responsibilities comparable to such positions, which include,
510 but are not limited to:
511 1. Positions in the Department of Health and the
512 Department of Children and Families which are assigned primary
513 duties of serving as the superintendent or assistant
514 superintendent of an institution.
515 2. Positions in the Department of Corrections which are
516 assigned primary duties of serving as the warden, assistant
517 warden, colonel, or major of an institution or that are assigned
518 primary duties of serving as the circuit administrator or deputy
519 circuit administrator.
520 3. Positions in the Department of Transportation which are
521 assigned primary duties of serving as regional toll managers and
522 managers of offices, as specified in s. 20.23(3)(b) and (4)(c).
523 4. Positions in the Department of Environmental Protection
524 which are assigned the duty of an Environmental Administrator or
525 program administrator.
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526 5. Positions in the Department of Health which are
527 assigned the duties of Environmental Administrator, Assistant
528 County Health Department Director, and County Health Department
529 Financial Administrator.
530 6. Positions in the Department of Highway Safety and Motor
531 Vehicles which are assigned primary duties of serving as
532 captains in the Florida Highway Patrol.
533 7. Positions in the Department of Agriculture and Consumer
534 Services which are assigned primary duties of serving as
535 captains or majors in the Office of Agricultural Law
536 Enforcement.
537
538 Unless otherwise fixed by law, the department shall set the
539 salary and benefits of the positions listed in this paragraph in
540 accordance with the rules established for the Selected Exempt
541 Service.
542 Section 2. Present subsections (3) and (4) of section
543 186.801, Florida Statutes, are redesignated as subsections (4)
544 and (5), respectively, a new subsection (3) is added to that
545 section, and subsection (1) of that section is amended, to read:
546 186.801 Ten-year site plans.—
547 (1) Each electric utility shall submit to the Public
548 Service Commission a 10-year site plan which shall estimate its
549 power-generating needs and the general location of its proposed
550 power plant sites. If the proposed power plant site is located
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551 on land that has, at any time during the previous 5 years, been
552 classified as agricultural lands pursuant to s. 193.461, the
553 electric utility must submit the plan to the county commission
554 of the county in which the proposed site is located. The county
555 commission shall comply with subsection (3). The 10-year plan
556 shall be reviewed and submitted not less frequently than every 2
557 years.
558 (3) A county commission that receives 10-year site plans
559 from electric utilities pursuant to subsection (1) must do all
560 of the following:
561 (a) Adhere to the same processes and procedures provided
562 in this section for the Public Service Commission.
563 (b) Provide the Public Service Commission with the county
564 commission's findings upon completion of the preliminary study
565 of the proposed plan.
566 Section 3. Paragraph (b) of subsection (3) of section
567 193.461, Florida Statutes, is amended to read:
568 193.461 Agricultural lands; classification and assessment;
569 mandated eradication or quarantine program; natural disasters.—
570 (3)
571 (b) Subject to the restrictions specified in this section,
572 only lands that are used primarily for bona fide agricultural
573 purposes shall be classified agricultural. The term "bona fide
574 agricultural purposes" means good faith commercial agricultural
575 use of the land.
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576 1. In determining whether the use of the land for
577 agricultural purposes is bona fide, the following factors may be
578 taken into consideration:
579 a. The length of time the land has been so used.
580 b. Whether the use has been continuous.
581 c. The purchase price paid.
582 d. Size, as it relates to specific agricultural use, but a
583 minimum acreage may not be required for agricultural assessment.
584 e. Whether an indicated effort has been made to care
585 sufficiently and adequately for the land in accordance with
586 accepted commercial agricultural practices, including, without
587 limitation, fertilizing, liming, tilling, mowing, reforesting,
588 and other accepted agricultural practices.
589 f. Whether the land is under lease and, if so, the
590 effective length, terms, and conditions of the lease.
591 g. Such other factors as may become applicable.
592 2. Offering property for sale does not constitute a
593 primary use of land and may not be the basis for denying an
594 agricultural classification if the land continues to be used
595 primarily for bona fide agricultural purposes while it is being
596 offered for sale.
597 3. Lands owned or leased by an electric utility as defined
598 in s. 361.11(2) which may also be the site of solar energy
599 systems as defined in s. 212.02(26) and bona fide agricultural
600 uses of the land, and which comply with all other provisions of
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601 this section, must be classified agricultural by the property
602 appraiser.
603 Section 4. Subsection (3) of section 201.25, Florida
604 Statutes, is amended to read:
605 201.25 Tax exemptions for certain loans.—There shall be
606 exempt from all taxes imposed by this chapter:
607 (3) Any loan made by the Agriculture and Aquaculture
608 Producers Emergency Natural Disaster Recovery Loan Program
609 pursuant to s. 570.822.
610 Section 5. Present paragraphs (a) through (d) and (e) of
611 subsection (2) and subsection (6) of section 330.41, Florida
612 Statutes, are redesignated as paragraphs (b) through (e) and (j)
613 of subsection (2) and subsection (8), respectively, new
614 paragraphs (a) and (f) and paragraphs (g), (h), and (i) are
615 added to subsection (2) and new subsection (6) and subsection
616 (7) are added to that section, and paragraph (d) of subsection
617 (4) of that section is amended, to read:
618 330.41 Unmanned Aircraft Systems Act.—
619 (2) DEFINITIONS.—As used in this act, the term:
620 (a) "Commercial property" means real property other than
621 residential property. The term includes, but is not limited to,
622 a property zoned multifamily residential which is composed of
623 five or more dwelling units, and real property used for
624 commercial, industrial, or agricultural purposes.
625 (f) "Private property" means any residential or commercial
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626 property.
627 (g) "Property owner" means the owner or owners of record
628 of real property. The term includes real property held in trust
629 for the benefit of one or more individuals, in which case the
630 individual or individuals may be considered as the property
631 owner or owners, provided that the trustee provides written
632 consent. The term does not include persons renting, using,
633 living, or otherwise occupying real property.
634 (h) "Residential property" means real property zoned as
635 residential or multifamily residential and composed of four or
636 fewer dwelling units.
637 (i) "Sport shooting and training range" has the same
638 meaning as s. 790.333(3)(h).
639 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
640 (d) This subsection and paragraph (2)(b) paragraph (2)(a)
641 shall sunset 60 days after the date that a process pursuant to
642 s. 2209 of the FAA Extension, Safety and Security Act of 2016
643 becomes effective.
644 (6) PROTECTION OF AGRICULTURAL LANDS.—
645 (a) A person may not knowingly or willfully do any of the
646 following on lands classified as agricultural lands pursuant to
647 s. 193.461:
648 1. Operate a drone.
649 2. Allow a drone to make contact with any person or object
650 on the premises of or within the boundaries of such lands.
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651 3. Allow a drone to come within close enough distance of
652 such lands to interfere with or cause a disturbance to
653 agricultural production.
654 (b) A person who violates paragraph (a) commits a
655 misdemeanor of the second degree, punishable as provided in s.
656 775.082 or s. 775.083. A person who commits a second or
657 subsequent violation commits a misdemeanor of the first degree,
658 punishable as provided in s. 775.082 or s. 775.083.
659 (c) This subsection does not apply to actions identified
660 in paragraph (a) which are committed by:
661 1. The owner of the agricultural lands, or a person acting
662 under the prior written consent of the owner of the agricultural
663 lands.
664 2. A law enforcement agency that is in compliance with s.
665 934.50 or a person under contract with or otherwise acting under
666 the direction of such law enforcement agency.
667 3. A federal, state, or other governmental entity, or a
668 person under contract with or otherwise acting under the
669 direction of a federal, state, or other governmental entity.
670 (7) PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING
671 LANDS.—
672 (a) A person may not knowingly or willfully do any of the
673 following on private property, state wildlife management lands,
674 or a sport shooting and training range:
675 1. Operate a drone.
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676 2. Allow a drone to make contact with such property or any
677 person or object on the premises of or within such property with
678 the intent to harass.
679 (b) A person who violates paragraph (a) commits a
680 misdemeanor of the second degree, punishable as provided in s.
681 775.082 or s. 775.083. A person who commits a second or
682 subsequent violation commits a misdemeanor of the first degree,
683 punishable as provided in s. 775.082 or s. 775.083.
684 (c) A person who violates paragraph (a) and records video
685 of the private property, state wildlife management lands, or
686 sport shooting and training range, including any person or
687 object on the premises of or within the private property, state
688 wildlife management lands, or sport shooting and training range,
689 commits a misdemeanor of the first degree, punishable as
690 provided in s. 775.082 or s. 775.083. A person who commits a
691 second or subsequent violation commits a felony of the third
692 degree, punishable as provided in s. 775.082, s. 775.083, or s.
693 775.084.
694 (d) This subsection does not apply to actions identified
695 in paragraph (a) which are committed by:
696 1. The property owner of the private property or sport
697 shooting and training range, or a person acting under the prior
698 written consent of the property owner.
699 2. A law enforcement agency that is in compliance with s.
700 934.50 or a person under contract with or otherwise acting under
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701 the direction of such law enforcement agency.
702 3. A federal, state, or other governmental entity, or a
703 person under contract with or otherwise acting under the
704 direction of a federal, state, or other governmental entity.
705 Section 6. Section 366.20, Florida Statutes, is created to
706 read:
707 366.20 Sale and management of lands owned by electric
708 utilities.—
709 (1) Lands acquired by an electric utility as defined in s.
710 361.11(2) which have been classified as agricultural lands
711 pursuant to s. 193.461 at any time in the 5 years preceding the
712 acquisition of the land by the electric utility, must be offered
713 for less than fee simple acquisition of development rights by
714 the state.
715 (2) Lands owned by an electric utility as defined in s.
716 361.11(2) which were classified as agricultural lands pursuant
717 to s. 193.461 at any time in the 5 years preceding the date of
718 acquisition of the land by the electric utility must be offered
719 for less than fee simple acquisition of development rights by
720 this state before offering for sale or transferring the land to
721 a private individual or entity.
722 (3) This section is retroactive to January 1, 2024.
723 Section 7. Present paragraphs (3) and (4) of section
724 366.94, Florida Statutes, are redesignated as subsections (4)
725 and (5), respectively, a new subsection (3) is added to that
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726 section, and subsection (2) of that section is amended, to read:
727 366.94 Electric vehicle charging.—
728 (2)(a) As used in this section, the term "electric vehicle
729 charging station" means the area in the immediate vicinity of
730 electric vehicle supply equipment and includes the electric
731 vehicle supply equipment, supporting equipment, and associated
732 parking spaces. The regulation of electric vehicle charging
733 stations is preempted to the state.
734 (b)(a) A local governmental entity may not enact or
735 enforce an ordinance or regulation related to electric vehicle
736 charging stations.
737 (3)(a)(b) The Department of Agriculture and Consumer
738 Services shall adopt rules to implement this subsection and to
739 provide requirements for electric vehicle charging stations to
740 allow for consistency for consumers and the industry.
741 (b) The department may adopt rules to protect the public
742 health, safety, and welfare and establish standards for the
743 placement, design, installation, maintenance, and operation of
744 electric vehicle charging stations.
745 (c) Local governmental entities shall issue permits for
746 electric vehicle charging stations based solely upon standards
747 established by department rule and other applicable provisions
748 of state law. The department shall prescribe by rule the time
749 period for approving or denying permit applications.
750 (d) Before a charger at an electric vehicle charging
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751 station is placed into service for use by the public, the
752 charger must be registered with the department on a form
753 prescribed by department rule.
754 (e) The department shall have the authority to inspect
755 electric vehicle charging stations, conduct investigations, and
756 enforce the provisions of this subsection and any rules adopted
757 under this subsection. The department may impose one or more of
758 the following penalties against a person who violates this
759 subsection or any rule adopted under this subsection:
760 1. Issuance of a warning letter.
761 2. Imposition of an administrative fine in the Class II
762 category pursuant to s. 570.971 for each violation.
763 (f) If the department determines that an electric vehicle
764 charging station or any associated equipment presents a threat
765 to the public health, safety, or welfare, the department may
766 issue an immediate final order prohibiting the use of the
767 electric vehicle charging station or any portion thereof.
768 (g) In addition to the remedies provided in this
769 subsection, and notwithstanding the existence of any adequate
770 remedy at law, the department may bring an action to enjoin a
771 violation of this subsection or rules adopted under this
772 subsection in the circuit court of the county in which the
773 violation occurs or is about to occur. Upon demonstration of
774 competent and substantial evidence by the department to the
775 court of the violation or threatened violation, the court shall
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776 immediately issue the temporary or permanent injunction sought
777 by the department. The injunction shall be issued without bond.
778 Section 8. Present subsections (10) and (11) of section
779 388.011, Florida Statutes, are redesignated as subsections (11)
780 and (12), respectively, a new subsection (10) is added to that
781 section, and subsections (2) and (5) of that section are
782 amended, to read:
783 388.011 Definitions.—As used in this chapter:
784 (2) "Board of commissioners" means the governing body of
785 any mosquito control programs district, and may include boards
786 of county commissioners, city councils, municipalities, or other
787 similar governing bodies when context so indicates.
788 (5) "District" means any mosquito control special district
789 established in this state by law for the express purpose of
790 controlling arthropods within boundaries of said districts.
791 (10) "Program" means any governmental jurisdiction that
792 conducts mosquito control, whether it be a special district,
793 county, or municipality.
794 Section 9. Section 388.021, Florida Statutes, is amended
795 to read:
796 388.021 Creation of mosquito control special districts.—
797 (1) The abatement or suppression of arthropods, whether
798 disease-bearing or merely pestiferous, within any or all
799 counties of this state is advisable and necessary for the
800 maintenance and betterment of the comfort, health, and welfare
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801 of the people thereof and is found and declared to be for public
802 purposes. Areas where arthropods incubate, hatch, or occur in
803 significant numbers so as to constitute a public health,
804 welfare, or nuisance problem may be controlled or abated as
805 provided in this chapter or the rules promulgated hereunder.
806 Therefore, any municipality city, town, or county, or any
807 portion or portions thereof, whether such portion or portions
808 include incorporated territory or portions of two or more
809 counties in the state, may be created into a special taxing
810 district for the control of arthropods under the provisions of
811 this chapter.
812 (2) It is the legislative intent that those mosquito
813 control districts established prior to July 1, 1980, pursuant to
814 the petition process contained in former s. 388.031, may
815 continue to operate as outlined in this chapter. However, on and
816 after that date, no mosquito control districts may be created
817 except pursuant to s. 125.01.
818 Section 10. Section 388.181, Florida Statutes, is amended
819 to read:
820 388.181 Power to do all things necessary.—The respective
821 programs districts of the state are hereby fully authorized to
822 do and perform all things necessary to carry out the intent and
823 purposes of this law.
824 Section 11. Subsections (1), (2), (4), and (5) of section
825 388.201, Florida Statutes, are amended to read:
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826 388.201 Program District budgets; hearing.—
827 (1) The fiscal year of programs districts operating under
828 the provisions of this chapter shall be the 12-month period
829 extending from October 1 of one year through September 30 of the
830 following year. The governing board of the programs district
831 shall before July 15 of each year complete the preparation of a
832 tentative detailed work plan budget covering its proposed
833 operations and requirements for arthropod control measures
834 during the ensuing fiscal year and, for the purpose of
835 determining eligibility for state aid, shall submit copies as
836 may be required to the department for review and approval. The
837 tentative detailed work plan budget shall set forth, classified
838 by account number, title and program items, and by fund from
839 which to be paid, the proposed expenditures of the program
840 district for construction, for acquisition of land, and other
841 purposes, for the operation and maintenance of the program's
842 district's works, the conduct of the program district generally,
843 to which may be added an amount to be held as a reserve.
844 (2) The tentative detailed work plan budget shall also
845 show the estimated amount which will appear at the beginning of
846 the fiscal year as obligated upon commitments made but
847 uncompleted. There shall be shown the estimated unobligated or
848 net balance which will be on hand at the beginning of the fiscal
849 year and the estimated amount to be raised by county,
850 municipality, or district taxes and from any and all other
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851 sources for meeting the program's the district's requirements.
852 (4) The governing board:
853 (a) Shall consider objections filed against adoption of
854 the tentative detailed work plan budget and in its discretion
855 may amend, modify, or change such budget; and
856 (b) Shall by September 30 adopt and execute on a form
857 furnished by the department a certified budget for the programs
858 district which shall be the operating and fiscal guide for the
859 program district. Certified copies of this budget shall be
860 submitted by September 30 to the department for approval.
861 (5) County commissioners' mosquito and arthropod control
862 budgets or the budgets of or similar governing body of said
863 county, city, or town's shall be made and adopted as prescribed
864 by subsections (1) and (2); summary figures shall be
865 incorporated into the county budgets as prescribed by the
866 Department of Financial Services.
867 Section 12. Section 388.241, Florida Statutes, is amended
868 to read:
869 388.241 Board of county commissioners vested with powers
870 and duties of board of commissioners in certain counties.—In
871 those counties or cities where there has been no formation of a
872 separate or special board of commissioners, all the rights,
873 powers, and duties of a board of commissioners as conferred in
874 this chapter shall be vested in the board of county
875 commissioners or similar governing body of said county or city.
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876 Section 13. Subsections (1), (2), and (5) through (8) of
877 section 388.261, Florida Statutes, are amended to read:
878 388.261 State aid to counties, municipalities, and
879 districts for arthropod control; distribution priorities and
880 limitations.—
881 (1) A county or district may, without contributing
882 matching funds, receive state funds, supplies, services, or
883 equipment in an amount of no more than $75,000 $50,000 per year
884 for up to 3 years for any new program for the control of
885 mosquitoes and other arthropods which serves an area not
886 previously served by the county, municipality, or district.
887 These funds may be expended for any and all types of control
888 measures approved by the department.
889 (2) Every county, municipality, or district budgeting
890 local funds to be used exclusively for the control of mosquitoes
891 and other arthropods, under a plan submitted by the county,
892 municipality, or district and approved by the department, is
893 eligible to receive state funds and supplies, services, and
894 equipment on a dollar-for-dollar matching basis to the amount of
895 local funds budgeted. If state funds appropriated by the
896 Legislature are insufficient to grant each county, municipality,
897 or district state funds on a dollar-for-dollar matching basis to
898 the amount budgeted in local funds, the department shall
899 distribute the funds as prescribed by rule. Such rules shall
900 provide for up to 80 percent of the funds to be distributed to
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901 programs with local funds for mosquito control budgets of less
902 than $1 million, if the county, municipality, or district meets
903 the eligibility requirements. The funds shall be distributed as
904 equally as possible within the category of counties pursuant to
905 this section. The remaining funds shall be distributed as
906 prescribed by rule among the remaining counties to support
907 mosquito control and to support research, education, and
908 outreach.
909 (5) If more than one program local mosquito control agency
910 exists in a county or municipality, the funds shall be prorated
911 between the programs agencies based on the population served by
912 each program agency.
913 (6) The Commissioner of Agriculture may exempt counties,
914 municipalities, or districts from the requirements in subsection
915 (1), subsection (2), or subsection (3) when the department
916 determines state funds, supplies, services, or equipment are
917 necessary for the immediate control of mosquitoes and other
918 arthropods that pose a threat to human or animal health.
919 (7) The department may use state funds appropriated for a
920 county, municipality, or district under subsection (1) or
921 subsection (2) to provide state mosquito or other arthropod
922 control equipment, supplies, or services when requested by a
923 county, municipality, or district eligible to receive state
924 funds under s. 388.271.
925 (8) The department is authorized to use up to 5 percent of
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926 the funds appropriated annually by the Legislature under this
927 section to provide technical assistance to the counties,
928 municipalities, or districts, or to purchase equipment,
929 supplies, or services necessary to administer the provisions of
930 this chapter.
931 Section 14. Subsections (1) and (2) of section 388.271,
932 Florida Statutes, are amended to read:
933 388.271 Prerequisites to participation.—
934 (1) When state funds are involved, it is the duty of the
935 department to guide, review, approve, and coordinate the
936 activities of all county and municipal governments and special
937 districts receiving state funds in furtherance of the goal of
938 integrated arthropod control. Each program county eligible to
939 participate may, and each district must, begin participation on
940 October 1 of any year by filing with the department not later
941 than July 15 a tentative integrated arthropod management plan
942 work plan and tentative detailed work plan budget providing for
943 the control of arthropods. Following approval of the plan and
944 budget by the department, a copy two copies of the program's
945 county's or district's certified budget based on the approved
946 integrated arthropod management work plan and detailed work plan
947 budget shall be submitted to the department by September 30
948 following. State funds, supplies, and services shall be made
949 available to such program county or district by and through the
950 department immediately upon release of funds by the Executive
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951 Office of the Governor.
952 (2) All purchases of supplies, materials, and equipment by
953 programs counties or districts shall be made in accordance with
954 the laws governing purchases by boards of county commissioners
955 or similar governing bodies, except that programs districts with
956 special laws relative to competitive bidding shall make
957 purchases in accordance therewith.
958 Section 15. Subsections (1) and (3) of section 388.281,
959 Florida Statutes, are amended to read:
960 388.281 Use of state matching funds.—
961 (1) All funds, supplies, and services released to programs
962 counties and districts hereunder shall be used in accordance
963 with the integrated arthropod management detailed work plan and
964 certified budget approved by both the board of commissioners and
965 appropriate representative department and the county or
966 district. The integrated arthropod management plan and budget
967 may be amended at any time upon prior approval of the
968 department.
969 (3) In any program county or district where the arthropod
970 problem has been eliminated, or reduced to such an extent that
971 it does not constitute a health, comfort, or economic problem as
972 determined by the department, the maximum amount of state funds
973 available under this chapter shall be reduced to the amount
974 necessary to meet actual need.
975 Section 16. Subsections (1) and (2) of section 388.291,
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976 Florida Statutes, are amended to read:
977 388.291 Source reduction measures; supervision by
978 department.—
979 (1) Any program county or district may perform source
980 reduction measures in conformity with good engineering practices
981 in any area, provided that the department cooperating with the
982 county, municipality, or district has approved the operating or
983 construction plan as outlined in the integrated arthropod
984 management plan and it has been determined by criteria contained
985 in rule that the area or areas to be controlled would produce
986 arthropods in significant numbers to constitute a health or
987 nuisance problem.
988 (2) The program county or district shall manage the
989 detailed business affairs and supervise said work, and the
990 department shall advise the programs districts as to the best
991 and most effective measures to be used in bringing about better
992 temporary control and the permanent elimination of breeding
993 conditions. The department may at its discretion discontinue any
994 state aid provided hereunder in the event it finds the jointly
995 agreed upon program is not being followed or is not efficiently
996 and effectively administered.
997 Section 17. Section 388.301, Florida Statutes, is amended
998 to read:
999 388.301 Payment of state funds; supplies and services.—
1000 State funds shall be payable quarterly, in accordance with the
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1001 rules of the department, upon requisition by the department to
1002 the Chief Financial Officer. The department is authorized to
1003 furnish insecticides, chemicals, materials, equipment, vehicles,
1004 and personnel in lieu of state funds where mass purchasing may
1005 save funds for the state, or where it would be more practical
1006 and economical to use equipment, supplies, and services between
1007 two or more programs counties or districts.
1008 Section 18. Section 388.311, Florida Statutes, is amended
1009 to read:
1010 388.311 Carry over of state funds and local funds.—State
1011 and local funds budgeted for the control of mosquitoes and other
1012 arthropods shall be carried over at the end of the program's
1013 county or district's fiscal year, and rebudgeted for such
1014 control measures the following fiscal year.
1015 Section 19. Section 388.321, Florida Statutes, is amended
1016 to read:
1017 388.321 Equipment to become property of a program the
1018 county or district.—All equipment purchased under this chapter
1019 with state funds made available directly to a program the county
1020 or district shall become the property of the program county or
1021 district unless otherwise provided, and may be traded in on
1022 other equipment, or sold, when no longer needed by the program
1023 county or district.
1024 Section 20. Section 388.322, Florida Statutes, is amended
1025 to read:
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1026 388.322 Record and inventory of certain property.—A record
1027 and inventory of certain property purchased with state funds for
1028 arthropod control use owned by the program district shall be
1029 maintained in accordance with s. 274.02.
1030 Section 21. Section 388.323, Florida Statutes, is amended
1031 to read:
1032 388.323 Disposal of surplus property.—Surplus property
1033 shall be disposed of according to the provisions set forth in s.
1034 274.05 with the following exceptions:
1035 (1) Serviceable equipment purchased using state funds for
1036 arthropod control use no longer needed by a program county or
1037 district shall first be offered to any or all other programs
1038 counties or districts engaged in arthropod control at a price
1039 established by the board of commissioners owning the equipment.
1040 (2) The alternative procedure for disposal of surplus
1041 property, as prescribed in s. 274.06, shall be followed if it is
1042 determined that no other programs county or district engaged in
1043 arthropod control has need for the equipment.
1044 (3) All proceeds from the sale of any real or tangible
1045 personal property owned by the program county or district and
1046 purchased using state funds shall be deposited in the program's
1047 county's or district's state fund account unless otherwise
1048 specifically designated by the department.
1049 Section 22. Section 388.341, Florida Statutes, is amended
1050 to read:
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1051 388.341 Reports of expenditures and accomplishments.—Each
1052 program receiving state aid county and district participating
1053 under the provisions of this chapter shall within 30 days after
1054 the end of each month submit to the department a monthly report
1055 for the preceding month of expenditures from all funds for
1056 arthropod control, and each program participating under this
1057 chapter shall provide such reports of activities and
1058 accomplishments as may be required by the department.
1059 Section 23. Section 388.351, Florida Statutes, is amended
1060 to read:
1061 388.351 Transfer of equipment, personnel, and supplies
1062 during an emergency.—The department, upon notifying a program
1063 county or district and obtaining its approval, is authorized to
1064 transfer equipment, materials, and personnel from one program
1065 district to another in the event of an emergency brought about
1066 by an arthropod-borne epidemic or other disaster requiring
1067 emergency control.
1068 Section 24. Subsection (7) of section 388.361, Florida
1069 Statutes, is amended to read:
1070 388.361 Department authority and rules; administration.—
1071 (7) The department shall have the authority to collect,
1072 detect, suppress, and control mosquitoes and other arthropods
1073 that are determined by the State Health Officer to pose a threat
1074 to public health, or determined by the Commissioner of
1075 Agriculture to pose a threat to animal health, wherever they may
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1076 occur on public or private land in this state, and to do all
1077 things necessary in the exercise of such authority. Prior to the
1078 start of treatments for the control of mosquitoes or other
1079 arthropods, the department shall consult with the mosquito
1080 control programs districts in the proposed treatment areas, the
1081 Department of Health, the Department of Environmental
1082 Protection, and the Fish and Wildlife Conservation Commission
1083 regarding the proposed locations, dates, and methods to be used.
1084 Section 25. Subsections (2) and (3) of section 388.3711,
1085 Florida Statutes, are amended to read:
1086 388.3711 Enforcement.—
1087 (2) The department may issue a written warning, impose a
1088 fine; deny, suspend, or revoke any license or certification, or
1089 the disbursal of state aid; or deny participation, in accordance
1090 with the provisions of chapter 120, upon any one or more of the
1091 following grounds as may be applicable:
1092 (a) Violation of any rule of the department or provision
1093 of this chapter.
1094 (b) Violation of FIFRA or any relevant EPA rule or
1095 regulation pertaining to the use of arthropod control pesticides
1096 by the licensee.
1097 (c) Failure to give the department, or any authorized
1098 representative thereof, true information upon request regarding
1099 methods and materials used, work performed, or other information
1100 essential to the administration of this chapter.
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1101 (3) The department may, if it finds a violation is of such
1102 nature or circumstances that imposition of a fine, denial,
1103 revocation, or suspension of a certification or license or
1104 disbursal of state aid would be detrimental to the public or be
1105 unnecessarily harsh under the circumstances, in its discretion,
1106 place the offending party on probation for a period of not more
1107 than 2 years. If the department determines that the terms of
1108 such probation have been violated, it may reinstitute license or
1109 certification or state aid denial, suspension, or revocation
1110 proceedings.
1111 Section 26. Section 388.381, Florida Statutes, is amended
1112 to read:
1113 388.381 Cooperation by programs counties and district.—Any
1114 program conducting county or district carrying on an arthropod
1115 control program may cooperate with another county, district, or
1116 municipality in carrying out work a program for the control of
1117 mosquitoes and other arthropods, by agreement as to the program
1118 and reimbursement thereof, when approved by the department.
1119 Section 27. Section 388.391, Florida Statutes, is amended
1120 to read:
1121 388.391 Control measures in municipalities and portions of
1122 counties located outside boundaries of programs districts.—Any
1123 program district whose operation is limited to a portion of the
1124 county in which it is located may perform any control measures
1125 authorized by this chapter in any municipality located in the
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1126 same county or in any portions of the same county, where there
1127 is no established program district, when requested to do so by
1128 the municipality or county, pursuant to s. 388.381.
1129 Section 28. Section 388.401, Florida Statutes, is amended
1130 to read:
1131 388.401 Penalty for damage to property or operations.—
1132 Whoever shall willfully damages damage any of the property of
1133 any program county or district created under this or other
1134 chapters, or any works constructed, maintained, or controlled by
1135 such program county or district, or who shall obstructs obstruct
1136 or causes cause to be obstructed any of the operations of such
1137 program county or district, or who shall knowingly or willfully
1138 violates violate any provisions of this chapter or any rule or
1139 regulation promulgated by any board of commissioners of any
1140 program, commits county or district shall be guilty of a
1141 misdemeanor of the second degree, punishable as provided in s.
1142 775.082 or s. 775.083.
1143 Section 29. Paragraph (a) of subsection (2) of section
1144 388.46, Florida Statutes, is amended to read:
1145 388.46 Florida Coordinating Council on Mosquito Control;
1146 establishment; membership; organization; responsibilities.—
1147 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
1148 (a) Membership.—The Florida Coordinating Council on
1149 Mosquito Control shall be comprised of the following
1150 representatives or their authorized designees:
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1151 1. The Secretary of Environmental Protection.
1152 2. The State Surgeon General.
1153 3. The executive director of the Fish and Wildlife
1154 Conservation Commission.
1155 4. The state epidemiologist.
1156 5. The Commissioner of Agriculture.
1157 6. The Board of Trustees of the Internal Improvement Trust
1158 Fund.
1159 7. Representatives from:
1160 a. The University of Florida, Institute of Food and
1161 Agricultural Sciences, Florida Medical Entomological Research
1162 Laboratory.
1163 b. The United States Environmental Protection Agency.
1164 c. The United States Department of Agriculture, Center of
1165 Medical, Agricultural, and Veterinary Entomology Insects
1166 Affecting Man Laboratory.
1167 d. The United States Fish and Wildlife Service.
1168 8. Four Two mosquito control directors to be nominated by
1169 the Florida Mosquito Control Association, two representatives of
1170 Florida environmental groups, and two private citizens who are
1171 property owners whose lands are regularly subject to mosquito
1172 control operations, to be appointed to 4-year terms by the
1173 Commissioner of Agriculture and serve until his or her successor
1174 is appointed.
1175 Section 30. Paragraph (d) of subsection (7) of section
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1176 403.067, Florida Statutes, is amended to read:
1177 403.067 Establishment and implementation of total maximum
1178 daily loads.—
1179 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1180 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1181 (d) Enforcement and verification of basin management
1182 action plans and management strategies.—
1183 1. Basin management action plans are enforceable pursuant
1184 to this section and ss. 403.121, 403.141, and 403.161.
1185 Management strategies, including best management practices and
1186 water quality monitoring, are enforceable under this chapter.
1187 2. No later than January 1, 2017:
1188 a. The department, in consultation with the water
1189 management districts and the Department of Agriculture and
1190 Consumer Services, shall initiate rulemaking to adopt procedures
1191 to verify implementation of water quality monitoring required in
1192 lieu of implementation of best management practices or other
1193 measures pursuant to sub-subparagraph (b)2.g.;
1194 b. The department, in consultation with the water
1195 management districts and the Department of Agriculture and
1196 Consumer Services, shall initiate rulemaking to adopt procedures
1197 to verify implementation of nonagricultural interim measures,
1198 best management practices, or other measures adopted by rule
1199 pursuant to subparagraph (c)1.; and
1200 c. The Department of Agriculture and Consumer Services, in
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1201 consultation with the water management districts and the
1202 department, shall initiate rulemaking to adopt procedures to
1203 verify implementation of agricultural interim measures, best
1204 management practices, or other measures adopted by rule pursuant
1205 to subparagraph (c)2.
1206
1207 The rules required under this subparagraph shall include
1208 enforcement procedures applicable to the landowner, discharger,
1209 or other responsible person required to implement applicable
1210 management strategies, including best management practices or
1211 water quality monitoring as a result of noncompliance.
1212 3. At least every 2 years, the Department of Agriculture
1213 and Consumer Services shall perform onsite inspections of each
1214 agricultural producer that enrolls in a best management
1215 practice, except those enrolled by rule in subparagraph 4., to
1216 ensure that such practice is being properly implemented. Such
1217 verification must include a collection and review of the best
1218 management practice documentation from the previous 2 years
1219 required by rules adopted pursuant to subparagraph (c)2.,
1220 including, but not limited to, nitrogen and phosphorus
1221 fertilizer application records, which must be collected and
1222 retained pursuant to subparagraphs (c)3., 4., and 6. The
1223 Department of Agriculture and Consumer Services shall initially
1224 prioritize the inspection of agricultural producers located in
1225 the basin management action plans for Lake Okeechobee, the
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1226 Indian River Lagoon, the Caloosahatchee River and Estuary, and
1227 Silver Springs.
1228 4. The Department of Agriculture and Consumer Services is
1229 authorized to adopt rules establishing an enrollment in best
1230 management practices by rule process that agricultural pollutant
1231 sources and agricultural producers may utilize in lieu of the
1232 best management practices adopted in paragraph (c) and identify
1233 best management practices for landowners of parcels which meet
1234 the following requirements:
1235 a. A parcel not be more than 25 acres in size;
1236 b. A parcel designated as agricultural land use by the
1237 county in which it is located or the parcel is granted
1238 agricultural tax classification by the county property appraiser
1239 of the county in which it is located;
1240 c. A parcel with water use not exceeding 100,000 gallons
1241 per day on average unless the entire use is met using recycled
1242 water from wet detention treatment ponds or reuse water;
1243 d. A parcel where the agricultural activity on the parcel
1244 is not vegetable crop, agronomic crop, a nursery, or a dairy
1245 operation;
1246 e. A parcel not abutting an impaired water body identified
1247 in subsection (4); and
1248 f. A parcel not part of a larger operation that is
1249 enrolled in Department of Agriculture and Consumer Services best
1250 management practices or conducting water quality monitoring
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1251 prescribed by the department or a water management district.
1252
1253 Such requirements shall specify design or performance criteria
1254 that, if applied, would result in compliance with appropriate
1255 water quality standards. The Department of Agriculture and
1256 Consumer Services is authorized to adopt additional eligibility
1257 criteria for landowners or producers to utilize enrollment by
1258 rule and to revoke enrollment by rule.
1259 5. The Department of Agriculture and Consumer Services
1260 shall annually perform onsite inspections of twenty percent for
1261 all enrollments that meet the qualifications pursuant to
1262 subparagraph 4. by rule within basin management action plan
1263 areas, to ensure that practices are being properly implemented.
1264 Such inspection must include a collection and review of the
1265 identified best management practice documentation from the
1266 previous two years required by rules adopted pursuant to
1267 subparagraph (c)2. All agricultural producers enrolled by rule
1268 in a best management practice must annually submit nutrient
1269 records, including nitrogen and phosphorus fertilizer
1270 application records for the previous calendar year, to the
1271 Department of Agriculture and Consumer Services as required by
1272 rules adopted pursuant to subparagraph (c)2. The Department of
1273 Agriculture and Consumer Services shall collect and retain these
1274 nutrient records pursuant to subparagraphs (c)3., 4., and 6.
1275 Section 31. Subsection (19) is added to section 403.852,
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1276 Florida Statutes, to read:
1277 403.852 Definitions; ss. 403.850-403.864.—As used in ss.
1278 403.850-403.864:
1279 (19) "Water quality additive" means any chemical or
1280 additive which is used in a public water system for the purpose
1281 of removing contaminants or increasing water quality. The term
1282 does not include additives used for health-related purposes.
1283 Section 32. Subsection (8) is added to section 403.859,
1284 Florida Statutes, to read:
1285 403.859 Prohibited acts.—The following acts and the
1286 causing thereof are prohibited and are violations of this act:
1287 (8) The use of any additives in a public water system
1288 which do not meet the definition of a water quality additive as
1289 defined in s. 403.852, or the use of any additives included
1290 primarily for health-related purposes.
1291 Section 33. Subsection (10) of section 482.111, Florida
1292 Statutes, is amended to read:
1293 482.111 Pest control operator's certificate.—
1294 (10) In order to renew a certificate, the
1295 certificateholder must complete 2 hours of approved continuing
1296 education on legislation, safety, pesticide labeling, and
1297 integrated pest management and 2 hours of approved continuing
1298 education in each category of her or his certificate or must
1299 pass an examination that the department shall provide in person
1300 and remotely through a third-party vendor. The third-party
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1301 vendor may collect and retain a convenience fee given by the
1302 department. The department may not renew a certificate if the
1303 continuing education or examination requirement is not met.
1304 (a) Courses or programs, to be considered for credit, must
1305 include one or more of the following topics:
1306 1. The law and rules of this state pertaining to pest
1307 control.
1308 2. Precautions necessary to safeguard life, health, and
1309 property in the conducting of pest control and the application
1310 of pesticides.
1311 3. Pests, their habits, recognition of the damage they
1312 cause, and identification of them by accepted common name.
1313 4. Current accepted industry practices in the conducting
1314 of fumigation, termites and other wood-destroying organisms pest
1315 control, lawn and ornamental pest control, and household pest
1316 control.
1317 5. How to read labels, a review of current state and
1318 federal laws on labeling, and a review of changes in or
1319 additions to labels used in pest control.
1320 6. Integrated pest management.
1321 (b) The certificateholder must submit with her or his
1322 application for renewal a statement certifying that she or he
1323 has completed the required number of hours of continuing
1324 education. The statement must be on a form prescribed by the
1325 department and must identify at least the date, location,
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1326 provider, and subject of the training and must provide such
1327 other information as required by the department.
1328 (c) The department shall charge the same fee for
1329 examination as provided in s. 482.141(2).
1330 Section 34. Subsection (1) of section 482.141, Florida
1331 Statutes, is amended to read:
1332 482.141 Examinations.—
1333 (1) Each individual seeking certification must
1334 satisfactorily pass an examination which must be written but
1335 which may include practical demonstration. The department shall
1336 provide in-person and remote testing through a third-party
1337 vendor. A third-party vendor may collect and retain a
1338 convenience fee hold at least two examinations each year. An
1339 applicant may seek certification in one or more categories.
1340 Section 35. Paragraph (b) of subsection (1) of section
1341 482.155, Florida Statutes, is amended to read:
1342 482.155 Limited certification for governmental pesticide
1343 applicators or private applicators.—
1344 (1)
1345 (b) A person seeking limited certification under this
1346 subsection must pass an examination that the department shall
1347 provide in person and remotely through a third-party vendor. The
1348 third-party vendor may collect and retain a convenience fee
1349 given or approved by the department. Each application for
1350 examination must be accompanied by an examination fee set by the
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1351 department, in an amount of not more than $150 or less than $50;
1352 and a recertification fee of $25 every 4 years. Until rules
1353 setting these fees are adopted by the department, the
1354 examination fee is $50. Application for recertification must be
1355 accompanied by proof of having completed 4 classroom hours of
1356 acceptable continuing education. The limited certificate expires
1357 4 years after the date of issuance. If the certificateholder
1358 fails to renew his or her certificate and provide proof of
1359 completion of the required continuing education units within 60
1360 days after the expiration date, the certificateholder may be
1361 recertified only after reexamination. The department shall make
1362 available provide the appropriate reference material and make
1363 the examination readily accessible and available to all
1364 applicants at least quarterly or as necessary in each county.
1365 Section 36. Subsection (2) of section 482.156, Florida
1366 Statutes, is amended to read:
1367 482.156 Limited certification for commercial landscape
1368 maintenance personnel.—
1369 (2)(a) A person seeking limited certification under this
1370 section must pass an examination that the department shall
1371 provide in person and remotely through a third-party vendor. The
1372 third-party vendor may collect and retain a convenience fee
1373 given by the department. Each application for examination must
1374 be accompanied by an examination fee set by rule of the
1375 department, in an amount of not more than $150 or less than $50.
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1376 Before the department issues a limited certification under this
1377 section, each person applying for the certification must furnish
1378 proof of having a certificate of insurance which states that the
1379 employer meets the requirements for minimum financial
1380 responsibility for bodily injury and property damage required by
1381 s. 482.071(4).
1382 (b) The department shall make available provide the
1383 appropriate reference materials for the examination and provide
1384 in-person and remote testing through a third-party vendor. A
1385 third-party vendor may collect and retain a convenience fee make
1386 the examination readily accessible and available to applicants
1387 at least quarterly or as necessary in each county.
1388 Section 37. Subsection (2) of section 482.157, Florida
1389 Statutes, is amended to read:
1390 482.157 Limited certification for commercial wildlife
1391 management personnel.—
1392 (2) The department shall issue a limited certificate to an
1393 applicant who:
1394 (a) Submits an application and examination fee of at least
1395 $150, but not more than $300, as prescribed by the department by
1396 rule;
1397 (b) Passes an examination that the department shall
1398 provide in person and remotely through a third-party vendor. The
1399 third-party vendor may collect and retain a convenience fee
1400 administered by the department. The department shall make
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1401 available provide the appropriate study materials for the
1402 examination and make the examination readily available to
1403 applicants in each county as necessary, but not less frequently
1404 than quarterly; and
1405 (c) Provides proof, including a certificate of insurance,
1406 that the applicant has met the minimum bodily injury and
1407 property damage insurance requirements in s. 482.071(4).
1408 Section 38. Paragraph (m) is added to subsection (1) of
1409 section 482.161, Florida Statutes, to read:
1410 482.161 Disciplinary grounds and actions; reinstatement.—
1411 (1) The department may issue a written warning to or
1412 impose a fine against, or deny the application for licensure or
1413 licensure renewal of, a licensee, certified operator, limited
1414 certificateholder, identification cardholder, or special
1415 identification cardholder or any other person, or may suspend,
1416 revoke, or deny the issuance or renewal of any license,
1417 certificate, limited certificate, identification card, or
1418 special identification card that is within the scope of this
1419 chapter, in accordance with chapter 120, upon any of the
1420 following grounds:
1421 (m) Upon the issuance of a final order imposing civil
1422 penalties under subsection 14(a) of the Federal Insecticide,
1423 Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction
1424 under subsection 14(b), of FIFRA.
1425 Section 39. Subsection (2) of section 487.044, Florida
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1426 Statutes, is amended to read:
1427 487.044 Certification; examination.—
1428 (2) The department shall require each applicant for a
1429 certified applicator's license to demonstrate competence by a
1430 written or oral examination in which the applicant must
1431 demonstrate adequate knowledge concerning the proper use and
1432 application of restricted-use pesticides in each classification
1433 for which application for license is made. The department shall
1434 provide in-person and remote testing through a third-party
1435 vendor. A third-party vendor may collect and retain a
1436 convenience fee. The examination may be prepared, administered,
1437 and evaluated by the department. Each applicant for a certified
1438 applicator's license shall demonstrate minimum competence as to:
1439 (a) The proper use of the equipment.
1440 (b) The environmental hazards that may be involved in
1441 applying restricted-use pesticides.
1442 (c) Calculating the concentration of restricted-use
1443 pesticides to be used in particular circumstances.
1444 (d) Identification of common pests to be controlled and
1445 the damages caused by such pests.
1446 (e) Protective clothing and respiratory equipment required
1447 during the handling and application of restricted-use
1448 pesticides.
1449 (f) General precautions to be followed in the disposal of
1450 containers, as well as the cleaning and decontamination of the
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1451 equipment which the applicant proposes to use.
1452 (g) Applicable state and federal pesticide laws, rules,
1453 and regulations.
1454 (h) General safety precautions.
1455 Section 40. Subsection (6) is added to section 487.175,
1456 Florida Statutes, to read:
1457 487.175 Penalties; administrative fine; injunction.—
1458 (6) Licensure may be suspended, revoked, or denied by the
1459 department, upon the issuance of a final order to a licensee
1460 imposing civil penalties under subsection 14(a) of the Federal
1461 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a
1462 criminal conviction under subsection 14(b) of FIFRA.
1463 Section 41. Subsections (13) through (28) of section
1464 496.404, Florida Statutes, are redesignated as subsections (15)
1465 through (30), respectively, and subsections (13) and (14) are
1466 added to that section, to read:
1467 496.404 Definitions.—As used in ss. 496.401-496.424, the
1468 term:
1469 (13) "Foreign country of concern" means the People's
1470 Republic of China, the Russian Federation, the Islamic Republic
1471 of Iran, the Venezuelan regime of Nicolás Maduro, or the Syrian
1472 Arab Republic, including any agency of or any other entity under
1473 significant control of such foreign country of concern.
1474 (14) "Foreign source of concern" means any of the
1475 following:
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1476 (a) The government or any official of the government of a
1477 foreign country of concern;
1478 (b) A political party or member of a political party or
1479 any subdivision of a political party in a foreign country of
1480 concern;
1481 (c) A partnership, an association, a corporation, an
1482 organization, or other combination of persons organized under
1483 the laws of or having its principal place of business in a
1484 foreign country of concern, or a subsidiary of such entity;
1485 (d) Any person who is domiciled in a foreign country of
1486 concern and is not a citizen or lawful permanent citizen of the
1487 United States;
1488 (e) An agent, including a subsidiary or an affiliate of a
1489 foreign legal entity, acting on behalf of a foreign source of
1490 concern; or
1491 (f) An entity in which a person, entity, or collection of
1492 persons or entities described in paragraphs (a)–(e) has a
1493 controlling interest. As used in this paragraph, the term
1494 "controlling interest" means the possession of the power to
1495 direct or cause the direction of the management or policies of
1496 an entity, whether through ownership of securities, by contract,
1497 or otherwise. A person or an entity that directly or indirectly
1498 has the right to vote 25 percent or more of the voting interest
1499 of the company or is entitled to 25 percent or more of its
1500 profits is presumed to possess a controlling interest.
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1501 Section 42. Present paragraphs (d) through (g) of
1502 subsection (2) of section 496.405, Florida Statutes, are
1503 redesignated as paragraphs (f) through (i), respectively, new
1504 paragraphs (d) and (e) are added to that subsection, subsection
1505 (11) is added to that section, and paragraph (b) of subsection
1506 (1) and paragraph (b) of subsection (7) of that section are
1507 amended, to read:
1508 496.405 Registration statements by charitable
1509 organizations and sponsors.—
1510 (1) A charitable organization or sponsor, unless exempted
1511 pursuant to s. 496.406, which intends to solicit contributions
1512 in or from this state by any means or have funds solicited on
1513 its behalf by any other person, charitable organization,
1514 sponsor, commercial co-venturer, or professional solicitor, or
1515 that participates in a charitable sales promotion or sponsor
1516 sales promotion, must, before engaging in any of these
1517 activities, file an initial registration statement, which
1518 includes an attestation statement, and a renewal statement
1519 annually thereafter, with the department.
1520 (b) Any changes to the information submitted to the
1521 department pursuant to paragraph (2)(f) (2)(d) on the initial
1522 registration statement, which includes an attestation statement,
1523 or the last renewal statement must be reported to the department
1524 on a form prescribed by the department within 10 days after the
1525 change occurs.
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1526 (2) The initial registration statement must be submitted
1527 on a form prescribed by the department, signed by an authorized
1528 official of the charitable organization or sponsor who shall
1529 certify that the registration statement is true and correct, and
1530 include the following information or material:
1531 (d) An attestation statement, which must be submitted on a
1532 form prescribed by the department and signed by an authorized
1533 official of the charitable organization, who shall certify and
1534 attest that the charitable organization, if engaged in
1535 activities that would require registration pursuant to chapter
1536 106 is registered with the Department of State, pursuant to
1537 chapter 106.
1538 (e) An attestation statement on a form prescribed by the
1539 department, signed by an authorized official of the charitable
1540 organization, who shall certify and attest that the charitable
1541 organization, if prohibited by applicable federal or state law,
1542 is not engaged in activities that would require registration
1543 with the Department of State pursuant to chapter 106.
1544 (7)
1545 (b) If a charitable organization or sponsor discloses
1546 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7.
1547 in the initial registration statement or annual renewal
1548 statement, the time limits set forth in paragraph (a) are
1549 waived, and the department shall process such initial
1550 registration statement or annual renewal statement in accordance
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1551 with the time limits set forth in chapter 120. The registration
1552 of a charitable organization or sponsor shall be automatically
1553 suspended for failure to disclose any information specified in
1554 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the
1555 required information is submitted to the department.
1556 (11) The department may investigate and refer the
1557 charitable organization or sponsor to the Florida Elections
1558 Commission for investigation of violations pursuant to chapters
1559 104 and 106.
1560 Section 43. Subsection (20) is added to section 496.415,
1561 Florida Statutes, to read:
1562 496.415 Prohibited acts.—It is unlawful for any person in
1563 connection with the planning, conduct, or execution of any
1564 solicitation or charitable or sponsor sales promotion to:
1565 (20) Solicit or accept contributions or anything of value
1566 from a foreign source of concern.
1567 Section 44. Section 496.417, Florida Statutes, is amended
1568 to read:
1569 496.417 Criminal penalties.—Except as otherwise provided
1570 in ss. 496.401-496.424, and in addition to any administrative or
1571 civil penalties, any person who willfully and knowingly violates
1572 ss. 496.401-496.424 commits a felony of the third degree,
1573 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1574 For a second or subsequent conviction, such violation
1575 constitutes a felony of the second degree, punishable as
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1576 provided in s. 775.082, s. 775.083, or s. 775.084. The
1577 department may also investigate and refer the charitable
1578 organization or sponsor to the Florida Elections Commission for
1579 investigation of violations pursuant to chapters 104 and 106.
1580 Section 45. Subsection (11) is added to section 496.419,
1581 Florida Statutes, to read:
1582 496.419 Powers of the department.—
1583 (11)(a) A charitable organization or sponsor whose
1584 registration is denied or revoked for submitting a false
1585 attestation required pursuant to s. 496.405(2)(d) or s.
1586 496.405(2)(e) may not register as a charitable organization or
1587 sponsor for 5 years for an initial violation, and may not
1588 register as a charitable organization or sponsor following any
1589 subsequent violations.
1590 (b) A person serving as a board member, executive
1591 leadership team member, or registering agent of a charitable
1592 organization at the time in which the charitable organization is
1593 found to have submitted a false attestation as required by s.
1594 496.405(2)(d) or (e) may not serve in any capacity with a
1595 charitable organization required to comply with the requirements
1596 of ss. 496.405 and 496.406 for 5 years after the date of the
1597 violation of this subsection.
1598 Section 46. Section 496.431, Florida Statutes, is created
1599 to read:
1600 496.431 Honest Service Registry.—
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1601 (1) The department shall create the Honest Services
1602 Registry to provide the residents of this state with the
1603 information necessary to make an informed choice when deciding
1604 which charitable organizations to support.
1605 (2) To be included on the Honest Services Registry, a
1606 charitable organization must, at a minimum, submit to the
1607 department an attestation statement on a form prescribed by the
1608 department, verified as provided in s. 92.525, attesting to all
1609 of the following:
1610 (a) That the organization does not solicit or accept,
1611 directly or indirectly, contributions, funding, support, or
1612 services from a foreign source of concern.
1613 (b) That the organization's messaging and content are not
1614 directly or indirectly produced or influenced by a foreign
1615 source of concern.
1616 (3) The department shall publish the Honest Services
1617 Registry on the department's website.
1618 (4) The department shall adopt rules to implement this
1619 section.
1620 Section 47. Paragraph (j) of subsection (1) of section
1621 500.03, Florida Statutes, is amended to read:
1622 500.03 Definitions; construction; applicability.—
1623 (1) For the purpose of this chapter, the term:
1624 (j) "Cottage food product" means food that is not time or
1625 temperature controlled for safety, a potentially hazardous food
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1626 as defined by department rule which is sold by a cottage food
1627 operation in accordance with s. 500.80.
1628 Section 48. Paragraphs (a) and (b) of subsection (1) of
1629 section 500.12, Florida Statutes, are amended to read:
1630 500.12 Food permits; building permits.—
1631 (1)(a) A food permit from the department is required of
1632 any person or business that who operates a food establishment,
1633 except:
1634 1. Persons or businesses operating minor food outlets that
1635 sell food that is commercially prepackaged, not potentially
1636 hazardous, not age restricted, and not time or temperature
1637 controlled for safety, if the shelf space for those items does
1638 not exceed 12 total linear feet and no other food is sold by the
1639 person or business minor food outlet.
1640 2. Persons subject to continuous, onsite federal or state
1641 inspection.
1642 3. Persons selling only legumes in the shell, either
1643 parched, roasted, or boiled.
1644 4. Persons selling sugar cane or sorghum syrup that has
1645 been boiled and bottled on a premise located within this state.
1646 Such bottles must contain a label listing the producer's name
1647 and street address, all added ingredients, the net weight or
1648 volume of the product, and a statement that reads, "This product
1649 has not been produced in a facility permitted by the Florida
1650 Department of Agriculture and Consumer Services."
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1651 (b) Each food establishment regulated under this chapter
1652 must apply for and receive a food permit before operation
1653 begins. An application for a food permit from the department
1654 must be accompanied by a fee in an amount determined by
1655 department rule. The department shall adopt by rule a schedule
1656 of fees to be paid by each food establishment as a condition of
1657 issuance or renewal of a food permit. Such fees may not exceed
1658 $650 and must be used solely for the recovery of costs for the
1659 services provided, except that the fee accompanying an
1660 application for a food permit for operating a bottled water
1661 plant may not exceed $1,000 and the fee accompanying an
1662 application for a food permit for operating a packaged ice plant
1663 may not exceed $250. The fee for operating a bottled water plant
1664 or a packaged ice plant must be set by rule of the department.
1665 Food permits are not transferable from one person or physical
1666 location to another. Food permits must be renewed in accordance
1667 with subparagraphs 1.-3. If an application for renewal of a food
1668 permit is not received by the department on or before its due
1669 date, a late fee not exceeding $100 must be paid in addition to
1670 the food permit fee before the department may issue the food
1671 permit. The moneys collected must be deposited in the General
1672 Inspection Trust Fund.
1673 1. A food permit issued to a new food establishment on or
1674 after September 1, 2023, is valid for 1 calendar year after the
1675 date of issuance and must be renewed annually on or before that
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1676 date thereafter.
1677 2. Effective January 1, 2024, A food permit issued before
1678 September 1, 2023, expires on the month and day the initial
1679 permit was issued to the food establishment and must be renewed
1680 annually on or before that date thereafter. The department may
1681 charge a prorated permit fee for purposes of this subparagraph.
1682 3. The department may establish a single permit renewal
1683 date for multiple food establishments owned by the same entity
1684 The owner of 100 or more permitted food establishment locations
1685 may elect to set the expiration of food permits for such
1686 establishments as December 31 of each calendar year.
1687 Section 49. Section 500.166, Florida Statutes, is amended
1688 to read:
1689 500.166 Records of interstate shipment.—For the purpose of
1690 enforcing this chapter, carriers engaged in interstate commerce
1691 and persons receiving food in interstate commerce shall retain
1692 all records for 3 years from the date of the record showing the
1693 movement in interstate commerce of any food, and the quantity,
1694 shipper and consignee thereof and, upon the request by an
1695 officer or employee duly designated by the department, permit
1696 the officer or employee to have access to and to copy all
1697 records showing the movement in interstate commerce of any food,
1698 and the quantity, shipper, and consignee thereof.
1699 Section 50. Subsection (1) of section 500.172, Florida
1700 Statutes, is amended to read:
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1701 500.172 Embargoing, detaining, destroying of food, food
1702 processing equipment, or areas that are in violation.—
1703 (1) When the department, or its duly authorized agent who
1704 has received appropriate education and training regarding the
1705 legal requirements of this chapter, finds or has probable cause
1706 to believe that any food, food processing equipment, food
1707 processing area, or food storage area is in violation of this
1708 chapter or any rule adopted under this chapter so as to be
1709 dangerous, unwholesome, mislabeled, fraudulent, or insanitary
1710 within the meaning of this chapter, an agent of the department
1711 may issue and enforce a stop-sale, stop-use, removal, or hold
1712 order, which order gives notice that such article, processing
1713 equipment, processing area, or storage area is or is suspected
1714 of being in violation and has been detained or embargoed and
1715 which order warns all persons not to remove, use, or dispose of
1716 such article, processing equipment, processing area, or storage
1717 area by sale or otherwise until permission for removal, use, or
1718 disposal is given by the department or the court. The department
1719 is authorized to enter into a written agreement with the owner
1720 of such food, food processing equipment, food processing area,
1721 or food storage area, or otherwise facilitate the destruction of
1722 any article found or suspected by the department to be in
1723 violation of this section. A person may not remove, use, or
1724 dispose of such detained or embargoed article, processing
1725 equipment, processing area, or storage area by sale or otherwise
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1726 without such permission from or in accordance with a written
1727 agreement with the department.
1728 Section 51. Section 500.75, Florida Statutes, is created
1729 to read:
1730 500.75 Mushrooms spores and mycelium; offenses.—It is
1731 unlawful to transport, import, sell, offer for sale, furnish, or
1732 give away spores or mycelium capable of producing mushrooms or
1733 other material which will contain a controlled substance,
1734 including psilocybin or psilocyn, during its lifecycle. Every
1735 person who transports, imports into this state, sells, offers
1736 for sale, furnishes, gives away, or offers to transport, import
1737 into this state, sell, furnish, or give away any spores or
1738 mycelium capable of producing mushrooms or other material which
1739 will contain a controlled substance commits a misdemeanor of the
1740 first degree, punishable as provided in s. 775.082 or s.
1741 775.083.
1742 Section 52. Section 500.93, Florida Statutes, is created
1743 to read:
1744 500.93 Mislabeling of plant-based products as milk, meat,
1745 or poultry.—
1746 (1) As used in this section, the term:
1747 (a) "FDA" means the United States Food and Drug
1748 Administration.
1749 (b) "Meat" has the same meaning as in 9 C.F.R. s. 301.2
1750 and the Federal Meat Inspection Act.
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1751 (c) "Milk" has the same meaning as in 21 C.F.R. s. 131.110
1752 and the Grade "A" pasteurized milk ordinance.
1753 (d) "Poultry" or "Poultry Product" has the same meaning as
1754 in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act.
1755 (2)(a) In accordance with the established standard of
1756 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade
1757 "A" pasteurized milk ordinance, the department shall adopt rules
1758 to enforce the FDA's standard of identity for milk, as adopted
1759 in state law, to prohibit the sale of plant-based products
1760 mislabeled as milk in this state.
1761 (b) This subsection is effective upon the enactment into
1762 law of a mandatory labeling requirement to prohibit the sale of
1763 plant-based products mislabeled as milk that is consistent with
1764 this section by any 11 of the group of 14 states composed of
1765 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1766 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1767 Texas, Virginia, and West Virginia.
1768 (3)(a) In accordance with the established standard of
1769 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal
1770 Meat Inspection Act, and both poultry and poultry products
1771 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection
1772 Act, the department shall adopt rules to enforce the FDA's
1773 standard of identity for meat, poultry, and poultry products as
1774 adopted in this section, to prohibit the sale of plant-based
1775 products mislabeled as meat, poultry, or poultry products in
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1776 this state.
1777 (b) This subsection is effective upon the enactment into
1778 law of a mandatory labeling requirement to prohibit the sale of
1779 plant-based products mislabeled as meat, poultry, or poultry
1780 products which is consistent with this section by any 11 of the
1781 group of 14 states composed of Alabama, Arkansas, Florida,
1782 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma,
1783 South Carolina, Tennessee, Texas, Virginia, and West Virginia.
1784 (4) The Department of Agriculture and Consumer Services
1785 shall notify the Division of Law Revision upon the enactment
1786 into law by any 11 of the group of 14 states composed of
1787 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1788 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1789 Texas, Virginia, and West Virginia of the mandatory labeling
1790 requirements pursuant to subsections (2) and (3).
1791 (5) The department shall adopt rules to implement this
1792 section.
1793 (6) This section may not be construed to limit the
1794 department's authority to enforce its laws and regulations.
1795 Section 53. Section 501.135, Florida Statutes, is
1796 repealed.
1797 Section 54. Subsection (1) of section 501.912, Florida
1798 Statutes, is amended to read:
1799 501.912 Definitions.—As used in ss. 501.91-501.923:
1800 (1) "Antifreeze" means any substance or preparation,
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1801 including, but not limited to, coolant, antifreeze-coolant,
1802 antifreeze and summer coolant, or summer coolant, that is sold,
1803 distributed, or intended for use:
1804 (a) As the cooling liquid, or to be added to the cooling
1805 liquid, in the cooling system of internal combustion engines of
1806 motor vehicles to prevent freezing of the cooling liquid or to
1807 lower its freezing point; or
1808 (b) To raise the boiling point of water, aid in vehicle
1809 component cooling, or for the prevention of engine overheating,
1810 whether or not the liquid is used as a year-round cooling system
1811 fluid.
1812 Section 55. Section 525.19, Florida Statutes, is created
1813 to read:
1814 525.19 Petroleum registration.—
1815 (1) The department shall create an annual petroleum
1816 registration program for petroleum owners or operators that own
1817 and operate vehicles for transporting petroleum product and
1818 shall adopt rules detailing the requirements for such
1819 registration that include, at minimum:
1820 (a) Name of the petroleum owner or operator;
1821 (b) Address of the petroleum owner or operator;
1822 (c) Phone number of the petroleum owner or operator;
1823 (d) E-mail address of the petroleum owner or operator;
1824 (e) Requirements for the transfer switch;
1825 (f) Fuel and petroleum infrastructure; and
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1826 (g) Fuel and petroleum inventory and delivery information.
1827 (2) The registration program must be free for all
1828 registrants.
1829 (3) The department has the authority to require
1830 registrants to provide updates related to the status of
1831 infrastructure, inventory, and delivery information during a
1832 state of emergency as declared by an executive order issued by
1833 the Governor.
1834 Section 56. Section 526.147, Florida Statutes, is created
1835 to read:
1836 526.147 Florida Retail Fuel Transfer Switch Modernization
1837 Grant Program.—
1838 (1)(a) There is created, subject to appropriation, the
1839 Florida Retail Fuel Transfer Switch Modernization Grant Program
1840 within the Department of Agriculture and Consumer Services.
1841 (b) The grant program shall provide grant funds, not to
1842 exceed $10,000 per retail fuel facility, to be used for
1843 installation and equipment costs related to installing or
1844 modernizing transfer switch infrastructure at retail fuel
1845 facilities to allow for the continuity of fueling operations
1846 under generated power.
1847 (c) The department shall award funds based upon the
1848 following criteria:
1849 1. Up to $10,000, of costs for transfer switch purchase
1850 and installation for retail fuel locations in fiscally
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1851 constrained counties, as defined in s. 218.67.
1852 2. Up to $5,000, of costs for transfer switch purchase and
1853 installation for all other retail fuel locations.
1854 (d) Retail fuel facilities which are awarded grant funds
1855 must comply with s. 526.143 and must install a transfer switch
1856 capable of operating all fuel pumps, dispensing equipment, life
1857 safety systems, and payment acceptance equipment using an
1858 alternative generated power source.
1859 (e) Before being awarded funding from the department,
1860 retail fuel facilities must provide documentation on transfer
1861 switch installation and required generator sizing to the
1862 department.
1863 (f) Marinas and fueling facilities with fewer than 4
1864 fueling positions are excluded from being awarded funding
1865 through this program.
1866 (g) Fueling facilities subject to s. 526.143(2) are
1867 excluded from being awarded funding through this program.
1868 (2) The department, in consultation with the Division of
1869 Emergency Management, shall adopt rules to implement and
1870 administer this section, including establishing grant
1871 application processes for the Florida Retail Fuel Transfer
1872 Switch Modernization Grant Program. The rules must include
1873 application deadlines and establish the supporting documentation
1874 necessary to be provided to the department.
1875 Section 57. Section 531.48, Florida Statutes, is amended
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1876 to read:
1877 531.48 Declarations of unit price on random packages.—In
1878 addition to the declarations required by s. 531.47, any package
1879 being one of a lot containing random weights of the same
1880 commodity and bearing the total selling price of the package
1881 shall bear on the outside of the package a plain and conspicuous
1882 declaration of the price per single unit of weight and the total
1883 retail price of the package, as defined by department rule.
1884 Section 58. Section 531.49, Florida Statutes, is amended
1885 to read:
1886 531.49 Advertising packages for sale.—Whenever A packaged
1887 commodity is advertised in any manner with the retail price
1888 stated, there shall be closely and conspicuously associated with
1889 the retail price must have a declaration of quantity as is
1890 required by law or rule to appear on the package.
1891 Section 59. Present subsections (44), (45), and (46) of
1892 section 570.07, Florida Statutes, are redesignated as
1893 subsections (46), (47), and (48), respectively, and new
1894 subsections (44) and (45) are added to that section, to read:
1895 570.07 Department of Agriculture and Consumer Services;
1896 functions, powers, and duties.—The department shall have and
1897 exercise the following functions, powers, and duties:
1898 (44)(a) To foster and encourage the employment and
1899 retention of qualified veterinary pathologists. The department
1900 may reimburse the educational expenses of qualified veterinary
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1901 pathologists who enter into an agreement with the department to
1902 retain employment for a specified period of time.
1903 (b) The department shall adopt rules to administer this
1904 subsection.
1905 (45) Subject to appropriation, to extend state and
1906 national Future Farmers of America opportunities to any public
1907 school student enrolled in agricultural education, at little or
1908 no cost to the student or school district, and to support
1909 statewide Future Farmers of America programming that helps such
1910 students develop their potential for premier leadership,
1911 personal growth and career success.
1912 Section 60. Subsection (2) of section 570.544, Florida
1913 Statutes, is amended to read:
1914 570.544 Division of Consumer Services; director; powers;
1915 processing of complaints; records.—
1916 (2) The director shall supervise, direct, and coordinate
1917 the activities of the division and shall, under the direction of
1918 the department, enforce the provisions of ss. 366.94 and ss.
1919 604.15-604.34 and chapters 171, 472, 496, 501, 507, 525, 526,
1920 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849.
1921 Section 61. Section 570.546, Florida Statutes, is created
1922 to read:
1923 570.546 Licensing.—
1924 (1) The department is authorized to:
1925 (a) Create a process for the bulk renewal of licenses
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1926 which will allow licensees the ability, upon request, to submit
1927 all license applications of the same type, notwithstanding any
1928 provisions of law appliable to each application process.
1929 (b) Create a process that will allow licensees, upon
1930 request, to align the expiration dates of licenses within a
1931 statutory program.
1932 (c) Change the expiration dates for current licensees for
1933 the purpose of reducing large numbers of license expirations
1934 that occur during the same month.
1935 (2) The department shall prorate any licensing fee for
1936 which the term of the license was reduced for the purposes of
1937 alignment.
1938 (3) The department shall adopt rules to implement this
1939 section.
1940 Section 62. Section 570.822, Florida Statutes, is amended
1941 to read:
1942 570.822 Agriculture and Aquaculture Producers Emergency
1943 Natural Disaster Recovery Loan Program.—
1944 (1) DEFINITIONS.—As used in this section, the term:
1945 (a) "Bona fide farm operation" means a farm operation
1946 engaged in a good faith commercial agricultural use of land on
1947 land classified as agricultural pursuant to s. 193.461 or on
1948 sovereign submerged land that is leased to the applicant by the
1949 department pursuant to s. 597.010 and that produces agricultural
1950 products within the definition of agriculture under s. 570.02.
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1951 (b) "Declared emergency natural disaster" means an
1952 emergency a natural disaster for which a state of emergency is
1953 declared pursuant to s. 252.36 or s. 570.07(21).
1954 (c) "Department" means the Department of Agriculture and
1955 Consumer Services.
1956 (d) "Essential physical property" means fences; equipment;
1957 structural production facilities, such as shade houses and
1958 greenhouses; or other agriculture or aquaculture facilities or
1959 infrastructure.
1960 (e) "Program" means the Agriculture and Aquaculture
1961 Producers Emergency Natural Disaster Recovery Loan Program.
1962 (2) USE OF LOAN FUNDS; LOAN TERMS.—
1963 (a) The program is established within the department to
1964 make loans to agriculture and aquaculture producers that have
1965 experienced damage or destruction from a declared emergency
1966 natural disaster. Loan funds may be used to restore, repair, or
1967 replace essential physical property or remove vegetative debris
1968 from essential physical property, or restock aquaculture. A
1969 structure or building constructed using loan proceeds must
1970 comply with storm-hardening standards for nonresidential farm
1971 buildings as defined in s. 604.50(2). The department shall adopt
1972 such standards by rule.
1973 (b) The department may make a low-interest or interest-
1974 free loan to an eligible applicant. The maximum amount that an
1975 applicant may receive during the application period for a loan
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1976 is $500,000. An applicant may not receive more than one loan per
1977 application period and no more than two loans per year or no
1978 more than five loans in any 3-year period. A loan term is 10
1979 years.
1980 (3) ELIGIBLE APPLICANTS.—To be eligible for the program,
1981 an applicant must:
1982 (a) Own or lease a bona fide farm operation that is
1983 located in a county named in a declared emergency natural
1984 disaster and that was damaged or destroyed as a result of such
1985 declared emergency natural disaster.
1986 (b) Maintain complete and acceptable farm records,
1987 pursuant to criteria published by the department, and present
1988 them as proof of production levels and bona fide farm
1989 operations.
1990 (4) LOAN APPLICATION AND AGREEMENT.—
1991 (a) Requests for loans must be made by application to the
1992 department. Upon a determination that funding for loans is
1993 available, the department shall publicly notice an application
1994 period for the declared emergency natural disaster, beginning
1995 within 60 days after the date of the declared emergency natural
1996 disaster and running up to 1 year after the date of the declared
1997 emergency natural disaster or until all available loan funds are
1998 exhausted, whichever occurs first. The application may be
1999 renewed upon a determination from the department and an active
2000 declared emergency declaration.
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2001 (b) An applicant must demonstrate the need for financial
2002 assistance and an ability to repay or meet a standard credit
2003 rating determined by the department.
2004 (c) Loans must be made pursuant to written agreements
2005 specifying the terms and conditions agreed to by the approved
2006 applicant and the department. The loan agreement must specify
2007 that the loan is due upon sale if the property or other
2008 collateral for the loan is sold.
2009 (d) An approved applicant must agree to stay in production
2010 for the duration of the loan. A loan is not assumable.
2011 (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
2012 by a lien, subordinate only to any mortgage held by a financial
2013 institution as defined in s. 655.005, on property or other
2014 collateral as set forth in the loan agreement. The specific type
2015 of collateral required may vary depending upon the loan purpose,
2016 repayment ability, and the particular circumstances of the
2017 applicant. The department shall record the lien in public
2018 records in the county where the property is located and, in the
2019 case of personal property, perfect the security interest by
2020 filing appropriate Uniform Commercial Code forms with the
2021 Florida Secured Transaction Registry as required pursuant to
2022 chapter 679.
2023 (6) LOAN REPAYMENT.—
2024 (a) A loan is due and payable in accordance with the terms
2025 of the loan agreement.
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2026 (b) The department shall defer payments for the first 3
2027 years of the loan. After 3 years, the department shall reduce
2028 the principal balance annually through the end of the loan term
2029 such that the original principal balance is reduced by 30
2030 percent. If the principal balance is repaid before the end of
2031 the 10th year, the applicant may not be required to pay more
2032 than 70 percent of the original principal balance. The approved
2033 applicant must continue to be actively engaged in production in
2034 order to receive the original principal balance reductions and
2035 must continue to meet the loan agreement terms to the
2036 satisfaction of the department.
2037 (c) An approved applicant may make payments on the loan at
2038 any time without penalty. Early repayment is encouraged as other
2039 funding sources or revenues become available to the approved
2040 applicant.
2041 (d) All repayments of principal and interest, if
2042 applicable, received by the department in a fiscal year must be
2043 returned to the loan fund and made available for loans to other
2044 applicants in the next application period.
2045 (e) The department may periodically review an approved
2046 applicant to determine whether he or she continues to be in
2047 compliance with the terms of the loan agreement. If the
2048 department finds that an applicant is no longer in production or
2049 has otherwise violated the loan agreement, the department may
2050 seek repayment of the full original principal balance
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2051 outstanding, including any interest or costs, as applicable, and
2052 excluding any applied or anticipated original principal balance
2053 reductions.
2054 (f) The department may defer or waive loan payments if at
2055 any time during the repayment period of a loan, the approved
2056 applicant experiences a significant hardship such as crop loss
2057 from a weather-related event or from impacts from a natural
2058 disaster or declared emergency.
2059 (7) ADMINISTRATION.—
2060 (a) The department shall create and maintain a separate
2061 account in the General Inspection Trust Fund as a fund for the
2062 program. All repayments must be returned to the loan fund and
2063 made available as provided in this section. Notwithstanding s.
2064 216.301, funds appropriated for the loan program are not subject
2065 to reversion. The department shall manage the fund, establishing
2066 loan practices that must include, but are not limited to,
2067 procedures for establishing loan interest rates, uses of
2068 funding, application procedures, and application review
2069 procedures. The department is authorized to contract with a
2070 third-party administrator to administer the program and manage
2071 the loan fund. A contract for a third-party administrator that
2072 includes management of the loan fund must, at a minimum, require
2073 maintenance of the loan fund to ensure that the program may
2074 operate in a revolving manner.
2075 (b) The department shall coordinate with other state
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2076 agencies and other entities to ensure to the greatest extent
2077 possible that agriculture and aquaculture producers in this
2078 state have access to the maximum financial assistance available
2079 following a declared emergency natural disaster. The
2080 coordination must endeavor to ensure that there is no
2081 duplication of financial assistance between the loan program and
2082 other funding sources, such as any federal or other state
2083 programs, including public assistance requests to the Federal
2084 Emergency Management Agency or financial assistance from the
2085 United States Department of Agriculture, which could render the
2086 approved applicant ineligible for other financial assistance.
2087 (8) PUBLIC RECORDS EXEMPTION.—
2088 (a) The following information held by the department
2089 pursuant to its administration of the program is exempt from s.
2090 119.07(1) and s. 24(a), Art. I of the State Constitution:
2091 1. Tax returns.
2092 2. Credit history information, credit reports, and credit
2093 scores.
2094 (b) This subsection does not prohibit the disclosure of
2095 information held by the department pursuant to its
2096 administration of the program in an aggregated and anonymized
2097 format.
2098 (c) This subsection is subject to the Open Government
2099 Sunset Review Act in accordance with s. 119.15 and shall stand
2100 repealed on October 2, 2029, unless reviewed and saved from
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2101 repeal through reenactment by the Legislature.
2102 (9) RULES.—The department shall adopt rules to implement
2103 this section.
2104 (10) REPORTS.—By December 1, 2024, and each December 1
2105 thereafter, the department shall provide a report on program
2106 activities during the previous fiscal year to the President of
2107 the Senate and the Speaker of the House of Representatives. The
2108 report must include information on noticed application periods,
2109 the number and value of loans awarded under the program for each
2110 application period, the number and value of loans outstanding,
2111 the number and value of any loan repayments received, and an
2112 anticipated repayment schedule for all loans.
2113 (11) SUNSET.—This section expires July 1, 2043, unless
2114 reviewed and saved from repeal through reenactment by the
2115 Legislature.
2116 Section 63. Section 570.823, Florida Statutes, is created
2117 to read:
2118 570.823 Silviculture emergency recovery program.—
2119 (1) DEFINITIONS.—As used in this section, the term:
2120 (a) "Bona fide farm operation" means a farm operation
2121 engaged in a good faith commercial agricultural use of land on
2122 land classified as agricultural pursuant to s. 193.461 that
2123 produces agricultural products within the definition of
2124 agriculture under s. 570.02.
2125 (b) "Declared emergency" means an emergency for which a
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2126 state of emergency is declared pursuant to s. 252.36 or s.
2127 570.07(21).
2128 (c) "Department" means the Department of Agriculture and
2129 Consumer Services.
2130 (d) "Program" means the Silviculture Emergency Recovery
2131 Program.
2132 (2) USE OF GRANT FUNDS; GRANT TERMS.—
2133 (a) The silviculture emergency recovery program is
2134 established within the department to administer a grant program
2135 to assist timber landowners whose timber land was damaged as a
2136 result of a declared emergency. Grants provided to eligible
2137 timber landowners must be used for:
2138 1. Timber stand restoration, including downed tree removal
2139 on land which will retain the existing trees on site which are
2140 lightly or completely undamaged; or
2141 2. Site preparation, and tree replanting.
2142 3. Road and trail clearing on private timber lands to
2143 provide emergency access and facilitate salvage operations.
2144 (b) Only timber land located on lands classified as
2145 agricultural lands under s. 193.461 are eligible for the
2146 program.
2147 (c) The department shall coordinate with state agencies
2148 and other entities to ensure to the greatest extent possible
2149 that timber landowners have access to the maximum financial
2150 assistance available following a specified declared emergency.
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2151 The coordination must endeavor to ensure that there is no
2152 duplication of financial assistance between these funds and
2153 other funding sources, such as any federal or other state
2154 programs, including public assistance requests to the Federal
2155 Emergency Management Agency or financial assistance from the
2156 United States Department of Agriculture, which would render the
2157 approved applicant ineligible for other financial assistance.
2158 (d) The department is authorized to adopt rules to
2159 implement this section, including emergency rules.
2160 Notwithstanding any other provision of law, emergency rules
2161 adopted pursuant to this subsection are effective for 6 months
2162 after adoption and may be renewed during the pendency of
2163 procedures to adopt permanent rules addressing the subject of
2164 the emergency rules.
2165 Section 64. Subsections (2) and (5) of section 581.1843,
2166 Florida Statutes, are amended to read:
2167 581.1843 Citrus nursery stock propagation and production
2168 and the establishment of regulated areas around citrus
2169 nurseries.—
2170 (2) Effective January 1, 2007, it is unlawful for any
2171 person to propagate for sale or movement any citrus nursery
2172 stock that was not propagated or grown on a site and within a
2173 protective structure approved by the department and that is not
2174 at least 1 mile away from commercial citrus groves. A citrus
2175 nursery registered with the department prior to April 1, 2006,
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2176 shall not be required to comply with the 1-mile setback from
2177 commercial citrus groves while continuously operating at the
2178 same location for which it was registered. However, the nursery
2179 shall be required to propagate citrus within a protective
2180 structure approved by the department. Effective January 1, 2008,
2181 it is shall be unlawful to distribute any citrus nursery stock
2182 that was not produced in a protective structure approved by the
2183 department.
2184 (5) The department shall establish regulated areas around
2185 the perimeter of commercial citrus nurseries that were
2186 established on sites after April 1, 2006, not to exceed a radius
2187 of 1 mile. The planting of citrus in an established regulated
2188 area is prohibited. The planting of citrus within a 1-mile
2189 radius of commercial citrus nurseries that were established on
2190 sites prior to April 1, 2006, must be approved by the
2191 department. Citrus plants planted within a regulated area prior
2192 to the establishment of the regulated area may remain in the
2193 regulated area unless the department determines the citrus
2194 plants to be infected or infested with citrus canker or citrus
2195 greening. The department shall require the removal of infected
2196 or infested citrus, nonapproved planted citrus, and citrus that
2197 has sprouted by natural means in regulated areas. The property
2198 owner shall be responsible for the removal of citrus planted
2199 without proper approval. Notice of the removal of citrus trees,
2200 by immediate final order of the department, shall be provided to
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2201 the owner of the property on which the trees are located. An
2202 immediate final order issued by the department under this
2203 section shall notify the property owner that the citrus trees,
2204 which are the subject of the immediate final order, must be
2205 removed and destroyed unless the property owner, no later than
2206 10 days after delivery of the immediate final order, requests
2207 and obtains a stay of the immediate final order from the
2208 district court of appeal with jurisdiction to review such
2209 requests. The property owner shall not be required to seek a
2210 stay from the department of the immediate final order prior to
2211 seeking a stay from the district court of appeal.
2212 Section 65. Sections 593.101, 593.102, 593.103, 593.104,
2213 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111,
2214 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116,
2215 and 593.117, Florida Statutes, are repealed.
2216 Section 66. Subsection (11) of section 595.404, Florida
2217 Statutes, is amended to read:
2218 595.404 School food and other nutrition programs; powers
2219 and duties of the department.—The department has the following
2220 powers and duties:
2221 (11) To adopt and implement an appeal process by rule, as
2222 required by federal regulations, for applicants and participants
2223 under the programs implemented pursuant to this chapter,
2224 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss.
2225 120.569 and 120.57-120.595.
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2226 Section 67. Section 599.002, Florida Statutes, is amended
2227 to read:
2228 599.002 Florida Wine Viticulture Advisory Council.—
2229 (1) There is created within the Department of Agriculture
2230 and Consumer Services the Florida Wine Viticulture Advisory
2231 Council, to consist of eight members as follows: the president
2232 of the Florida Wine and Grape Growers Association Florida Grape
2233 Growers' Association or a designee thereof; a representative
2234 from the Institute of Food and Agricultural Sciences; a
2235 representative from the viticultural science program at Florida
2236 Agricultural and Mechanical University; and five additional
2237 commercial members, to be appointed for a 2-year term each by
2238 the Commissioner of Agriculture, including a wine producer, a
2239 fresh fruit producer, a nonwine product (juice, jelly, pie
2240 fillings, etc.) producer, and a viticultural nursery operator.
2241 (2) The meetings, powers and duties, procedures, and
2242 recordkeeping of the Florida Wine Viticulture Advisory Council
2243 shall be pursuant to s. 570.232.
2244 (3) The primary responsibilities of the Florida Wine
2245 Viticulture Advisory Council are to submit to the Commissioner
2246 of Agriculture, annually, the industry's recommendations for
2247 wine and viticultural research, promotion, and education and, as
2248 necessary, the industry's recommendations for revisions to the
2249 State Wine Viticulture Plan.
2250 Section 68. Section 599.003, Florida Statutes, is amended
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2251 to read:
2252 599.003 State Wine Viticulture Plan.—
2253 (1) The Commissioner of Agriculture, in consultation with
2254 the Florida Wine Viticulture Advisory Council, shall develop and
2255 coordinate the implementation of the State Wine Viticulture
2256 Plan, which shall identify problems and constraints of the wine
2257 and viticulture industry, propose possible solutions to those
2258 problems, and develop planning mechanisms for the orderly growth
2259 of the industry, including:
2260 (a) Criteria for wine and viticultural research, service,
2261 and management priorities.
2262 (b) Additional proposed legislation that may be required.
2263 (c) Plans and goals to improve research and service
2264 capabilities at Florida Agricultural and Mechanical University
2265 and the University of Florida in their efforts to address
2266 current and future needs of the industry.
2267 (d) The potential for viticulture products in terms of
2268 market and needs for development.
2269 (e) Evaluation of wine policy alternatives, including, but
2270 not limited to, continued improvement in wine quality, blending
2271 considerations, promotion and advertising, labeling and vineyard
2272 designations, and development of production and marketing
2273 strategies.
2274 (f) Evaluation of production and fresh fruit policy
2275 alternatives, including, but not limited to, setting minimum
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2276 grades and standards, promotion and advertising, development of
2277 production and marketing strategies, and setting minimum
2278 standards on types and quality of nursery plants.
2279 (g) Evaluation of policy alternatives for nonwine
2280 processed products, including, but not limited to, setting
2281 minimum quality standards and development of production and
2282 marketing strategies.
2283 (h) Research and service priorities for further
2284 development of the wine and viticulture industry.
2285 (i) The identification of state agencies and public and
2286 private institutions concerned with research, education,
2287 extension, services, planning, promotion, and marketing
2288 functions related to wine and viticultural development and the
2289 delineation of contributions and responsibilities.
2290 (j) Business planning, investment potential, financial
2291 risks, and economics of production and utilization.
2292 (2) A revision and update of the State Wine Viticulture
2293 Plan shall be submitted biennially to the President of the
2294 Senate, the Speaker of the House of Representatives, and the
2295 chairs of appropriate committees of the Senate and House of
2296 Representatives, and a progress report and budget request shall
2297 be submitted annually.
2298 Section 69. Paragraph (a) of subsection (2) and subsection
2299 (3) of section 599.004, Florida Statutes, are amended, and
2300 paragraph (d) is added to subsection (2) of that section, to
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2301 read:
2302 599.004 Florida Farm Winery Program; registration; logo;
2303 fees.—
2304 (2)(a) The department, in coordination with the Florida
2305 Wine Viticulture Advisory Council, shall develop and designate
2306 by rule a Florida Farm Winery logo, emblem, and directional sign
2307 to guide the public to certified Florida Farm Wineries Winery
2308 tourist attractions. The logo and emblem of certified Florida
2309 Farm Winery signs shall be uniform.
2310 (d) Wineries that fail to recertify annually or pay the
2311 licensing fee required in paragraph (c) are subject to having
2312 the signs referenced in paragraph (b) removed and will be
2313 responsible for all costs incurred by the Department of
2314 Transportation in connection with the removal.
2315 (3) All fees collected, except as otherwise provided by
2316 this section, shall be deposited into the Florida Wine
2317 Viticulture Trust Fund and used to develop consumer information
2318 on the native characteristics and proper use of wines.
2319 Section 70. Paragraph (a) of subsection (1) of section
2320 599.012, Florida Statutes, is amended to read:
2321 599.012 Wine Viticulture Trust Fund; creation.—
2322 (1) There is established the Viticulture Trust Fund within
2323 the Department of Agriculture and Consumer Services. The
2324 department shall use the moneys deposited in the trust fund
2325 pursuant to subsection (2) to do all the following:
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2326 (a) Develop and coordinate the implementation of the State
2327 Viticulture Plan.
2328 Section 71. Subsection (1) of section 616.12, Florida
2329 Statutes, is amended to read:
2330 616.12 Licenses upon certain shows; distribution of fees;
2331 exemptions.—
2332 (1) Each person who operates any traveling show,
2333 exhibition, amusement enterprise, carnival, vaudeville, exhibit,
2334 minstrel, rodeo, theatrical, game or test of skill, riding
2335 device, dramatic repertoire, other show or amusement, or
2336 concession, including a concession operating in a tent,
2337 enclosure, or other temporary structure, within the grounds of,
2338 and in connection with, any annual public fair held by a fair
2339 association shall pay the license taxes provided by law.
2340 However, if the association satisfies the requirements of this
2341 chapter, including securing the required fair permit from the
2342 department, the license taxes and local business tax authorized
2343 in chapter 205 are waived and the department shall issue a tax
2344 exemption certificate. The department shall adopt the proper
2345 forms and rules to administer this section, including the
2346 necessary tax exemption certificate, showing that the fair
2347 association has met all requirements and that the traveling
2348 show, exhibition, amusement enterprise, carnival, vaudeville,
2349 exhibit, minstrel, rodeo, theatrical, game or test of skill,
2350 riding device, dramatic repertoire, other show or amusement, or
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2351 concession is exempt.
2352 Section 72. Section 687.16, Florida Statutes, is created
2353 to read:
2354 687.16 Florida Farmer Financial Protection Act.—
2355 (1) SHORT TITLE.—This section may be cited as the "Florida
2356 Farmer Financial Protection Act."
2357 (2) DEFINITIONS.—
2358 (a) "Agritourism activity" has the same meaning as
2359 provided in s. 570.86.
2360 (b) "Agriculture producer" means a person or company
2361 authorized to do business in this state and engaged in the
2362 production of goods derived from plants or animals, including,
2363 but not limited to, the growing of crops, silviculture, animal
2364 husbandry, or the production of livestock or dairy products.
2365 (c) "Commissioner" means the Commissioner of Agriculture.
2366 (d) "Company" means a for-profit organization,
2367 association, corporation, partnership, joint venture, sole
2368 proprietorship, limited partnership, limited liability
2369 partnership, or limited liability company, including a wholly
2370 owned subsidiary, majority-owned subsidiary, parent company, or
2371 affiliate of those entities or business associations authorized
2372 to do business in this state.
2373 (e) "Denies or restricts" means refusing to provide
2374 services, terminating existing services, or restricting or
2375 burdening the scope or nature of services offered or provided.
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2376 (f) "Discriminate in the provision of financial services"
2377 means to deny or restrict services and thereby decline to
2378 provide financial services.
2379 (g) "ESG factor" means any factor or consideration that is
2380 collateral to or not reasonably likely to affect or impact
2381 financial risk and includes the promotion, furtherance, or
2382 achievement of environmental, social, or political goals,
2383 objectives, or outcomes, which may include the agriculture
2384 producer's greenhouse gas emissions, use of fossil-fuel derived
2385 fertilizer, or use of fossil-fuel powered machinery.
2386 (h) "Farm" means the land, buildings, support facilities,
2387 machinery, and other appurtenances used in the production of
2388 farm or aquaculture products.
2389 (i) "Financial institution" means a company authorized to
2390 do business in this state which has total assets of more than
2391 $100 million and offers financial services. A financial
2392 institution includes any affiliate or subsidiary company, even
2393 if that affiliate or subsidiary company is also a financial
2394 institution.
2395 (j) "Financial service" means any product or service that
2396 is of a financial nature and is offered by a financial
2397 institution.
2398 (3) FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS.—
2399 (a) A financial institution may not discriminate in the
2400 provision of financial services to an agriculture producer
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2401 based, in whole or in part, upon an ESG factor.
2402 (b) If a financial institution has made any ESG commitment
2403 related to agriculture, there is an inference that the
2404 institution's denial or restriction of a financial service to an
2405 agriculture producer violates paragraph (a).
2406 (c) A financial institution may overcome the inference in
2407 paragraph (b) by demonstrating that its denial or restriction of
2408 a financial service was based solely on documented risk
2409 analysis, and not on any ESG factor.
2410 (4) ENFORCEMENT; COMPENSATORY DAMAGES.—The Attorney
2411 General, in consultation with the Office of Financial
2412 Regulation, is authorized to enforce subsection (3). Any
2413 violation of subsection (3) constitutes an unfair trade practice
2414 under part II of chapter 501 and the Attorney General is
2415 authorized to investigate and seek remedies as provided in
2416 general law. Actions for damages may be sought by an aggrieved
2417 party.
2418 Section 73. Paragraph (a) of subsection (3) of section
2419 741.0305, Florida Statutes, is amended to read:
2420 741.0305 Marriage fee reduction for completion of
2421 premarital preparation course.—
2422 (3)(a) All individuals electing to participate in a
2423 premarital preparation course shall choose from the following
2424 list of qualified instructors:
2425 1. A psychologist licensed under chapter 490.
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2426 2. A clinical social worker licensed under chapter 491.
2427 3. A marriage and family therapist licensed under chapter
2428 491.
2429 4. A mental health counselor licensed under chapter 491.
2430 5. An official representative of a religious institution
2431 which is recognized under s. 496.404 s. 496.404(23), if the
2432 representative has relevant training.
2433 6. Any other provider designated by a judicial circuit,
2434 including, but not limited to, school counselors who are
2435 certified to offer such courses. Each judicial circuit may
2436 establish a roster of area course providers, including those who
2437 offer the course on a sliding fee scale or for free.
2438 Section 74. Paragraph (h) of subsection (2), subsection
2439 (3), paragraph (c) of subsection (6), and subsection (10) of
2440 section 790.06, Florida Statutes, are amended to read:
2441 790.06 License to carry concealed weapon or concealed
2442 firearm.—
2443 (2) The Department of Agriculture and Consumer Services
2444 shall issue a license if the applicant:
2445 (h) Demonstrates competence with a firearm by any one of
2446 the following:
2447 1. Completion of any hunter education or hunter safety
2448 course approved by the Fish and Wildlife Conservation Commission
2449 or a similar agency of another state;
2450 2. Completion of any National Rifle Association firearms
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2451 safety or training course;
2452 3. Completion of any firearms safety or training course or
2453 class available to the general public offered by a law
2454 enforcement agency, junior college, college, or private or
2455 public institution or organization or firearms training school,
2456 using instructors certified by the National Rifle Association,
2457 Criminal Justice Standards and Training Commission, or the
2458 Department of Agriculture and Consumer Services;
2459 4. Completion of any law enforcement firearms safety or
2460 training course or class offered for security guards,
2461 investigators, special deputies, or any division or subdivision
2462 of a law enforcement agency or security enforcement;
2463 5. Presents evidence of equivalent experience with a
2464 firearm through participation in organized shooting competition
2465 or United States military service;
2466 6. Is licensed or has been licensed to carry a concealed
2467 weapon or concealed firearm in this state or a county or
2468 municipality of this state, unless such license has been revoked
2469 for cause; or
2470 7. Completion of any firearms training or safety course or
2471 class conducted by a state-certified or National Rifle
2472 Association certified firearms instructor;
2473
2474 A photocopy of a certificate of completion of any of the courses
2475 or classes; an affidavit from the instructor, school, club,
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2476 organization, or group that conducted or taught such course or
2477 class attesting to the completion of the course or class by the
2478 applicant; or a copy of any document that shows completion of
2479 the course or class or evidences participation in firearms
2480 competition shall constitute evidence of qualification under
2481 this paragraph. A person who conducts a course pursuant to
2482 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
2483 an instructor, attests to the completion of such courses, must
2484 maintain records certifying that he or she observed the student
2485 safely handle and discharge the firearm in his or her physical
2486 presence and that the discharge of the firearm included live
2487 fire using a firearm and ammunition as defined in s. 790.001;
2488 (3)(a) The Department of Agriculture and Consumer Services
2489 shall deny a license if the applicant has been found guilty of,
2490 had adjudication of guilt withheld for, or had imposition of
2491 sentence suspended for one or more crimes of violence
2492 constituting a misdemeanor, unless 3 years have elapsed since
2493 probation or any other conditions set by the court have been
2494 fulfilled or the record has been sealed or expunged. The
2495 Department of Agriculture and Consumer Services shall revoke a
2496 license if the licensee has been found guilty of, had
2497 adjudication of guilt withheld for, or had imposition of
2498 sentence suspended for one or more crimes of violence within the
2499 preceding 3 years. The department shall, upon notification by a
2500 law enforcement agency, a court, clerk's office, or the Florida
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2501 Department of Law Enforcement and subsequent written
2502 verification, temporarily suspend a license or the processing of
2503 an application for a license if the licensee or applicant is
2504 arrested or formally charged with a crime that would disqualify
2505 such person from having a license under this section, until
2506 final disposition of the case. The department shall suspend a
2507 license or the processing of an application for a license if the
2508 licensee or applicant is issued an injunction that restrains the
2509 licensee or applicant from committing acts of domestic violence
2510 or acts of repeat violence. The department shall notify the
2511 licensee or applicant suspended under this section of his or her
2512 right to a hearing pursuant to chapter 120. A hearing conducted
2513 regarding the temporary suspension must be for the limited
2514 purpose of determining whether the licensee has been arrested or
2515 charged with a disqualifying crime or issued an injunction or
2516 court order. If the criminal case or injunction results in a
2517 nondisqualifying disposition, the department must issue an order
2518 lifting the suspension upon the applicant or licensee's
2519 submission to the department of a certified copy of the final
2520 resolution. If the criminal case results in a disqualifying
2521 disposition, the suspension remains in effect and the department
2522 must proceed with denial or revocation proceedings pursuant to
2523 chapter 120.
2524 (b) This subsection may not be construed to limit,
2525 restrict, or inhibit the constitutional right to bear arms and
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2526 carry a concealed weapon in this state. The Legislature finds it
2527 a matter of public policy and public safety that it is necessary
2528 to ensure that potentially disqualifying information about an
2529 applicant or licensee is investigated and processed in a timely
2530 manner by the department pursuant to this section. The
2531 Legislature intends to clarify that suspensions pursuant to this
2532 section are temporary, and the department has the duty to make
2533 an eligibility determination and issue a license in the time
2534 frame prescribed in this subsection.
2535 (6)
2536 (c) The Department of Agriculture and Consumer Services
2537 shall, within 90 days after the date of receipt of the items
2538 listed in subsection (5):
2539 1. Issue the license; or
2540 2. Deny the application based solely on the ground that
2541 the applicant fails to qualify under the criteria listed in
2542 subsection (2) or subsection (3). If the Department of
2543 Agriculture and Consumer Services denies the application, it
2544 shall notify the applicant in writing, stating the ground for
2545 denial and informing the applicant of any right to a hearing
2546 pursuant to chapter 120.
2547 3. In the event the result of the criminal history
2548 screening identifies department receives criminal history
2549 information related to a crime that may disqualify the applicant
2550 but does not contain with no final disposition of the crime or
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2551 lacks sufficient information to make an eligibility
2552 determination on a crime which may disqualify the applicant, the
2553 time limitation prescribed by this paragraph may be extended for
2554 up to an additional 90 days from the receipt of the information
2555 suspended until receipt of the final disposition or proof of
2556 restoration of civil and firearm rights. The department may make
2557 a request for information to the jurisdiction where the criminal
2558 history information originated but shall issue a license if it
2559 does not obtain a disposition or sufficient information to make
2560 an eligibility determination within the additional 90 days if
2561 the applicant is otherwise eligible. The department shall take
2562 any action authorized in this section if it receives
2563 disqualifying criminal history information during the additional
2564 90-day review or after issuance of a license.
2565 (10) A license issued under this section shall be
2566 temporarily suspended as provided for in subparagraph (6)(c)3.,
2567 or revoked pursuant to chapter 120 if the license was issued in
2568 error or if the licensee:
2569 (a) Is found to be ineligible under the criteria set forth
2570 in subsection (2);
2571 (b) Develops or sustains a physical infirmity which
2572 prevents the safe handling of a weapon or firearm;
2573 (c) Is convicted of a felony which would make the licensee
2574 ineligible to possess a firearm pursuant to s. 790.23;
2575 (d) Is found guilty of a crime under chapter 893, or
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2576 similar laws of any other state, relating to controlled
2577 substances;
2578 (e) Is committed as a substance abuser under chapter 397,
2579 or is deemed a habitual offender under s. 856.011(3), or similar
2580 laws of any other state;
2581 (f) Is convicted of a second violation of s. 316.193, or a
2582 similar law of another state, within 3 years after a first
2583 conviction of such section or similar law of another state, even
2584 though the first violation may have occurred before the date on
2585 which the application was submitted;
2586 (g) Is adjudicated an incapacitated person under s.
2587 744.331, or similar laws of any other state; or
2588 (h) Is committed to a mental institution under chapter
2589 394, or similar laws of any other state.
2590
2591 Notwithstanding s. 120.60(5), service of a notice of the
2592 suspension or revocation of a concealed weapon or concealed
2593 firearm license must be given by either certified mail, return
2594 receipt requested, to the licensee at his or her last known
2595 mailing address furnished to the Department of Agriculture and
2596 Consumer Services, or by personal service. If a notice given by
2597 certified mail is returned as undeliverable, a second attempt
2598 must be made to provide notice to the licensee at that address,
2599 by either first-class mail in an envelope, postage prepaid,
2600 addressed to the licensee at his or her last known mailing
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2601 address furnished to the department, or, if the licensee has
2602 provided an e-mail address to the department, by e-mail. Such
2603 mailing by the department constitutes notice, and any failure by
2604 the licensee to receive such notice does not stay the effective
2605 date or term of the suspension or revocation. A request for
2606 hearing must be filed with the department within 21 days after
2607 notice is received by personal delivery, or within 26 days after
2608 the date the department deposits the notice in the United States
2609 mail (21 days plus 5 days for mailing). The department shall
2610 document its attempts to provide notice, and such documentation
2611 is admissible in the courts of this state and constitutes
2612 sufficient proof that notice was given.
2613 Section 75. Paragraph (f) of subsection (3) of section
2614 790.33, Florida Statutes, is amended to read:
2615 790.33 Field of regulation of firearms and ammunition
2616 preempted.—
2617 (3) PROHIBITIONS; PENALTIES.—
2618 (f)1. A person or an organization whose membership is
2619 adversely affected by any ordinance, regulation, measure,
2620 directive, rule, enactment, order, or policy, whether written or
2621 unwritten, promulgated or caused to be enforced in violation of
2622 this section may file suit against any county, agency,
2623 municipality, district, or other entity in any court of this
2624 state having jurisdiction over any defendant to the suit for
2625 declaratory and injunctive relief and for actual damages, as
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2626 limited herein, caused by the violation. Civil fines assessed
2627 pursuant to paragraph (3)(c) and any attorney fees and costs
2628 shall be assessed only upon a finding that the entity received
2629 notice of the local ordinance or administrative rule or
2630 regulation impinging upon such exclusive occupation of the field
2631 of regulation of firearms and ammunition at least 30 days before
2632 a suit under this paragraph was filed and that the entity failed
2633 to change the ordinance, regulation, measure, directive, rule,
2634 enactment, order, or policy within that 30-day period. A court
2635 shall award the prevailing party plaintiff in any such suit:
2636 a. Reasonable attorney fees and costs in accordance with
2637 the laws of this state, including a contingency fee multiplier,
2638 as authorized by law; and
2639 b. The actual damages incurred, but not more than
2640 $100,000.
2641 2. If after the filing of a complaint a defendant
2642 voluntarily changes the ordinance, regulation, measure,
2643 directive, rule, enactment, order, or policy, written or
2644 unwritten, promulgated or caused to be enforced in violation of
2645 this section, with or without court action, the plaintiff is
2646 considered a prevailing plaintiff for purposes of this section.
2647
2648 Interest on the sums awarded pursuant to this subsection shall
2649 accrue at the legal rate from the date on which suit was filed.
2650 Section 76. Subsection (2) of section 812.0151, Florida
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2651 Statutes, is amended to read:
2652 812.0151 Retail fuel theft.—
2653 (2)(a) A person commits a felony of the third degree,
2654 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2655 if he or she willfully, knowingly, and without authorization:
2656 1. Breaches a retail fuel dispenser or accesses any
2657 internal portion of a retail fuel dispenser; or
2658 2. Possesses any device constructed for the purpose of
2659 fraudulently altering, manipulating, or interrupting the normal
2660 functioning of a retail fuel dispenser.
2661 3. Possesses any form of a payment instrument that can be
2662 used, alone or in conjunction with another access device, to
2663 authorize a fuel transaction or obtain fuel, including, but not
2664 limited to, a plastic payment card with a magnetic stripe or a
2665 chip encoded with account information or both, with the intent
2666 to defraud the fuel retailer, the authorized payment instrument
2667 financial account holder, or the banking institution that issued
2668 the payment instrument financial account.
2669 (b) A person commits a felony of the second degree,
2670 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2671 if he or she willfully, knowingly, and without authorization:
2672 1. Physically tampers with, manipulates, removes,
2673 replaces, or interrupts any mechanical or electronic component
2674 located on within the internal or external portion of a retail
2675 fuel dispenser; or
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2676 2. Uses any form of electronic communication to
2677 fraudulently alter, manipulate, or interrupt the normal
2678 functioning of a retail fuel dispenser.
2679 (c) A person commits a felony of the third degree,
2680 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2681 if he or she:
2682 1. Obtains fuel as a result of violating paragraph (a) or
2683 paragraph (b); or
2684 2. Modifies a vehicle's factory installed fuel tank or
2685 possesses any item used to hold fuel which was not fitted to a
2686 vehicle or conveyance at the time of manufacture with the intent
2687 to use such fuel tank or item to hold or transport fuel obtained
2688 as a result of violating paragraph (a) or paragraph (b); or
2689 3. Uses any form of a payment instrument that can be used,
2690 alone or in conjunction with another access device, to authorize
2691 a fuel transaction or obtain fuel, including, but not limited
2692 to, a plastic payment card with a magnetic stripe or a chip
2693 encoded with account information or both, with the intent to
2694 defraud the fuel retailer, the authorized payment instrument
2695 financial account holder, or the banking institution that issued
2696 the payment instrument financial account.
2697 Section 77. Section 812.136, Florida Statutes, is created
2698 to read:
2699 812.136 Mail theft.—
2700 (1) As used in this section, unless the context otherwise
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2701 requires:
2702 (a) "Mail" means any letter, postal card, parcel,
2703 envelope, package, bag, or any other sealed article addressed to
2704 another, along with its contents.
2705 (b) "Mail depository" means a mail box, letter box, mail
2706 route, or mail receptacle of a postal service, an office of a
2707 postal service, or mail carrier of a postal service, or a
2708 vehicle of a postal service.
2709 (c) "Postal service" means the United States Postal
2710 Service or its contractors, or any commercial courier that
2711 delivers mail.
2712 (2) Any of the following acts shall constitute mail theft:
2713 (a) Removing mail from a mail depository or taking mail
2714 from a mail carrier of a postal service with an intent to steal.
2715 (b) Obtaining custody of mail by fraud or deception with
2716 an intent to steal.
2717 (c) Selling, receiving, possessing, transferring, buying,
2718 or concealing mail obtained by acts described in paragraph (a)
2719 or paragraph (b) of this subsection, while knowing or having
2720 reason to know the mail was obtained illegally.
2721 (3) Any of the following shall constitute theft of or
2722 unauthorized reproduction of a mail depository key or lock:
2723 (a) Stealing or obtaining by false pretense any key or
2724 lock adopted by a postal service for a mail depository or other
2725 authorized receptacle for the deposit or delivery of mail.
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2726 (b) Knowingly and unlawfully making, forging, or
2727 counterfeiting any such key or possessing any such key or lock
2728 adopted by a postal service with the intent to unlawfully or
2729 improperly use, sell, or otherwise dispose of the key or lock,
2730 or to cause the key or lock to be unlawfully or improperly used,
2731 sold, or otherwise disposed.
2732 (4) The first violation of this section shall constitute a
2733 misdemeanor of the first degree, punishable by a term of
2734 imprisonment not exceeding 1 year pursuant to s. 775.082(4)(a)
2735 or a fine not to exceed $1,000 pursuant to s. 775.083(1)(d), or
2736 both. A second or subsequent violation of this section shall
2737 constitute a felony of the third degree, punishable by a term of
2738 imprisonment not exceeding 5 years pursuant to s. 775.82(3)(e)
2739 or a fine not to exceed $5,000 pursuant to s. 775.083(1)(c), or
2740 both.
2741 Section 78. Section 1013.373, Florida Statutes, is created
2742 to read:
2743 1013.373 Educational facilities used for agricultural
2744 education.—
2745 (1) Notwithstanding any other provision of law, a local
2746 government may not adopt any ordinance, regulation, rule, or
2747 policy to prohibit, restrict, regulate, or otherwise limit any
2748 activities of public educational facilities and auxiliary
2749 facilities constructed by a board for agricultural education,
2750 for Future Farmers of America or 4-H activities, or the storage
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2751 of any animals or equipment therein.
2752 (2) Lands used for agricultural education or for Future
2753 Farmers of America or 4-H activities shall be considered
2754 agricultural lands pursuant to s. 193.461 and subject to s.
2755 823.14.
2756 Section 79. For the purpose of incorporating the amendment
2757 made by this act to section 110.205, Florida Statutes, in a
2758 reference thereto, paragraph (a) of subsection (5) of section
2759 295.07, Florida Statutes, is reenacted to read:
2760 295.07 Preference in appointment and retention.—
2761 (5) The following positions are exempt from this section:
2762 (a) Those positions that are exempt from the state Career
2763 Service System under s. 110.205(2); however, all positions under
2764 the University Support Personnel System of the State University
2765 System as well as all Career Service System positions under the
2766 Florida College System and the School for the Deaf and the
2767 Blind, or the equivalent of such positions at state
2768 universities, Florida College System institutions, or the School
2769 for the Deaf and the Blind, are not exempt.
2770 Section 80. For the purpose of incorporating the amendment
2771 made by this act to section 193.461, Florida Statutes, in a
2772 reference thereto, paragraph (r) of subsection (1) of section
2773 125.01, Florida Statutes, is reenacted to read:
2774 125.01 Powers and duties.—
2775 (1) The legislative and governing body of a county shall
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2776 have the power to carry on county government. To the extent not
2777 inconsistent with general or special law, this power includes,
2778 but is not restricted to, the power to:
2779 (r) Levy and collect taxes, both for county purposes and
2780 for the providing of municipal services within any municipal
2781 service taxing unit, and special assessments; borrow and expend
2782 money; and issue bonds, revenue certificates, and other
2783 obligations of indebtedness, which power shall be exercised in
2784 such manner, and subject to such limitations, as may be provided
2785 by general law. There shall be no referendum required for the
2786 levy by a county of ad valorem taxes, both for county purposes
2787 and for the providing of municipal services within any municipal
2788 service taxing unit.
2789 1. Notwithstanding any other provision of law, a county
2790 may not levy special assessments on lands classified as
2791 agricultural lands under s. 193.461 unless the revenue from such
2792 assessments has been pledged for debt service and is necessary
2793 to meet obligations of bonds or certificates issued by the
2794 county which remain outstanding on July 1, 2023, including
2795 refundings thereof for debt service savings where the maturity
2796 of the debt is not extended. For bonds or certificates issued
2797 after July 1, 2023, special assessments securing such bonds may
2798 not be levied on lands classified as agricultural under s.
2799 193.461.
2800 2. The provisions of subparagraph 1. do not apply to
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2801 residential structures and their curtilage.
2802 Section 81. For the purpose of incorporating the amendment
2803 made by this act to section 193.461, Florida Statutes, in a
2804 reference thereto, paragraphs (a) through (d) of subsection (3)
2805 of section 163.3162, Florida Statutes, are reenacted to read:
2806 163.3162 Agricultural lands and practices.—
2807 (3) DUPLICATION OF REGULATION.—Except as otherwise
2808 provided in this section and s. 487.051(2), and notwithstanding
2809 any other law, including any provision of chapter 125 or this
2810 chapter:
2811 (a) A governmental entity may not exercise any of its
2812 powers to adopt or enforce any ordinance, resolution,
2813 regulation, rule, or policy to prohibit, restrict, regulate, or
2814 otherwise limit an activity of a bona fide farm operation on
2815 land classified as agricultural land pursuant to s. 193.461, if
2816 such activity is regulated through implemented best management
2817 practices, interim measures, or regulations adopted as rules
2818 under chapter 120 by the Department of Environmental Protection,
2819 the Department of Agriculture and Consumer Services, or a water
2820 management district as part of a statewide or regional program;
2821 or if such activity is expressly regulated by the United States
2822 Department of Agriculture, the United States Army Corps of
2823 Engineers, or the United States Environmental Protection Agency.
2824 (b) A governmental entity may not charge a fee on a
2825 specific agricultural activity of a bona fide farm operation on
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2826 land classified as agricultural land pursuant to s. 193.461, if
2827 such agricultural activity is regulated through implemented best
2828 management practices, interim measures, or regulations adopted
2829 as rules under chapter 120 by the Department of Environmental
2830 Protection, the Department of Agriculture and Consumer Services,
2831 or a water management district as part of a statewide or
2832 regional program; or if such agricultural activity is expressly
2833 regulated by the United States Department of Agriculture, the
2834 United States Army Corps of Engineers, or the United States
2835 Environmental Protection Agency.
2836 (c) A governmental entity may not charge an assessment or
2837 fee for stormwater management on a bona fide farm operation on
2838 land classified as agricultural land pursuant to s. 193.461, if
2839 the farm operation has a National Pollutant Discharge
2840 Elimination System permit, environmental resource permit, or
2841 works-of-the-district permit or implements best management
2842 practices adopted as rules under chapter 120 by the Department
2843 of Environmental Protection, the Department of Agriculture and
2844 Consumer Services, or a water management district as part of a
2845 statewide or regional program.
2846 (d) For each governmental entity that, before March 1,
2847 2009, adopted a stormwater utility ordinance or resolution,
2848 adopted an ordinance or resolution establishing a municipal
2849 services benefit unit, or adopted a resolution stating the
2850 governmental entity's intent to use the uniform method of
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2851 collection pursuant to s. 197.3632 for such stormwater
2852 ordinances, the governmental entity may continue to charge an
2853 assessment or fee for stormwater management on a bona fide farm
2854 operation on land classified as agricultural pursuant to s.
2855 193.461, if the ordinance or resolution provides credits against
2856 the assessment or fee on a bona fide farm operation for the
2857 water quality or flood control benefit of:
2858 1. The implementation of best management practices adopted
2859 as rules under chapter 120 by the Department of Environmental
2860 Protection, the Department of Agriculture and Consumer Services,
2861 or a water management district as part of a statewide or
2862 regional program;
2863 2. The stormwater quality and quantity measures required
2864 as part of a National Pollutant Discharge Elimination System
2865 permit, environmental resource permit, or works-of-the-district
2866 permit; or
2867 3. The implementation of best management practices or
2868 alternative measures which the landowner demonstrates to the
2869 governmental entity to be of equivalent or greater stormwater
2870 benefit than those provided by implementation of best management
2871 practices adopted as rules under chapter 120 by the Department
2872 of Environmental Protection, the Department of Agriculture and
2873 Consumer Services, or a water management district as part of a
2874 statewide or regional program, or stormwater quality and
2875 quantity measures required as part of a National Pollutant
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2876 Discharge Elimination System permit, environmental resource
2877 permit, or works-of-the-district permit.
2878 Section 82. For the purpose of incorporating the amendment
2879 made by this act to section 193.461, Florida Statutes, in a
2880 reference thereto, paragraph (c) of subsection (3) of section
2881 163.3163, Florida Statutes, is reenacted to read:
2882 163.3163 Applications for development permits; disclosure
2883 and acknowledgment of contiguous sustainable agricultural land.—
2884 (3) As used in this section, the term:
2885 (c) "Sustainable agricultural land" means land classified
2886 as agricultural land pursuant to s. 193.461 which is used for a
2887 farm operation that uses current technology, based on science or
2888 research and demonstrated measurable increases in productivity,
2889 to meet future food, feed, fiber, and energy needs, while
2890 considering the environmental impacts and the social and
2891 economic benefits to the rural communities.
2892 Section 83. For the purpose of incorporating the amendment
2893 made by this act to section 193.461, Florida Statutes, in a
2894 reference thereto, paragraph (b) of subsection (4) of section
2895 163.3164, Florida Statutes, is reenacted to read:
2896 163.3164 Community Planning Act; definitions.—As used in
2897 this act:
2898 (4) "Agricultural enclave" means an unincorporated,
2899 undeveloped parcel that:
2900 (a) Is owned by a single person or entity;
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2901 (b) Has been in continuous use for bona fide agricultural
2902 purposes, as defined by s. 193.461, for a period of 5 years
2903 prior to the date of any comprehensive plan amendment
2904 application;
2905 (c) Is surrounded on at least 75 percent of its perimeter
2906 by:
2907 1. Property that has existing industrial, commercial, or
2908 residential development; or
2909 2. Property that the local government has designated, in
2910 the local government's comprehensive plan, zoning map, and
2911 future land use map, as land that is to be developed for
2912 industrial, commercial, or residential purposes, and at least 75
2913 percent of such property is existing industrial, commercial, or
2914 residential development;
2915 (d) Has public services, including water, wastewater,
2916 transportation, schools, and recreation facilities, available or
2917 such public services are scheduled in the capital improvement
2918 element to be provided by the local government or can be
2919 provided by an alternative provider of local government
2920 infrastructure in order to ensure consistency with applicable
2921 concurrency provisions of s. 163.3180; and
2922 (e) Does not exceed 1,280 acres; however, if the property
2923 is surrounded by existing or authorized residential development
2924 that will result in a density at buildout of at least 1,000
2925 residents per square mile, then the area shall be determined to
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2926 be urban and the parcel may not exceed 4,480 acres.
2927 Section 84. For the purpose of incorporating the amendment
2928 made by this act to section 193.461, Florida Statutes, in a
2929 reference thereto, subsection (5) of section 163.3194, Florida
2930 Statutes, is reenacted to read:
2931 163.3194 Legal status of comprehensive plan.—
2932 (5) The tax-exempt status of lands classified as
2933 agricultural under s. 193.461 shall not be affected by any
2934 comprehensive plan adopted under this act as long as the land
2935 meets the criteria set forth in s. 193.461.
2936 Section 85. For the purpose of incorporating the amendment
2937 made by this act to section 193.461, Florida Statutes, in a
2938 reference thereto, subsection (4) of section 170.01, Florida
2939 Statutes, is reenacted to read:
2940 170.01 Authority for providing improvements and levying
2941 and collecting special assessments against property benefited.—
2942 (4) Notwithstanding any other provision of law, a
2943 municipality may not levy special assessments for the provision
2944 of fire protection services on lands classified as agricultural
2945 lands under s. 193.461 unless the land contains a residential
2946 dwelling or nonresidential farm building, with the exception of
2947 an agricultural pole barn, provided the nonresidential farm
2948 building exceeds a just value of $10,000. Such special
2949 assessments must be based solely on the special benefit accruing
2950 to that portion of the land consisting of the residential
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2951 dwelling and curtilage, and qualifying nonresidential farm
2952 buildings. As used in this subsection, the term "agricultural
2953 pole barn" means a nonresidential farm building in which 70
2954 percent or more of the perimeter walls are permanently open and
2955 allow free ingress and egress.
2956 Section 86. For the purpose of incorporating the amendment
2957 made by this act to section 193.461, Florida Statutes, in a
2958 reference thereto, subsection (2) of section 193.052, Florida
2959 Statutes, is reenacted to read:
2960 193.052 Preparation and serving of returns.—
2961 (2) No return shall be required for real property the
2962 ownership of which is reflected in instruments recorded in the
2963 public records of the county in which the property is located,
2964 unless otherwise required in this title. In order for land to be
2965 considered for agricultural classification under s. 193.461 or
2966 high-water recharge classification under s. 193.625, an
2967 application for classification must be filed on or before March
2968 1 of each year with the property appraiser of the county in
2969 which the land is located, except as provided in s.
2970 193.461(3)(a). The application must state that the lands on
2971 January 1 of that year were used primarily for bona fide
2972 commercial agricultural or high-water recharge purposes.
2973 Section 87. For the purpose of incorporating the amendment
2974 made by this act to section 193.461, Florida Statutes, in a
2975 reference thereto, section 193.4615, Florida Statutes, is
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2976 reenacted to read:
2977 193.4615 Assessment of obsolete agricultural equipment.—
2978 For purposes of ad valorem property taxation, agricultural
2979 equipment that is located on property classified as agricultural
2980 under s. 193.461 and that is no longer usable for its intended
2981 purpose shall be deemed to have a market value no greater than
2982 its value for salvage.
2983 Section 88. For the purpose of incorporating the amendment
2984 made by this act to section 193.461, Florida Statutes, in a
2985 reference thereto, paragraph (a) of subsection (5) and paragraph
2986 (a) of subsection (19) of section 212.08, Florida Statutes, are
2987 reenacted to read:
2988 212.08 Sales, rental, use, consumption, distribution, and
2989 storage tax; specified exemptions.—The sale at retail, the
2990 rental, the use, the consumption, the distribution, and the
2991 storage to be used or consumed in this state of the following
2992 are hereby specifically exempt from the tax imposed by this
2993 chapter.
2994 (5) EXEMPTIONS; ACCOUNT OF USE.—
2995 (a) Items in agricultural use and certain nets.—There are
2996 exempt from the tax imposed by this chapter nets designed and
2997 used exclusively by commercial fisheries; disinfectants,
2998 fertilizers, insecticides, pesticides, herbicides, fungicides,
2999 and weed killers used for application on crops or groves,
3000 including commercial nurseries and home vegetable gardens, used
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3001 in dairy barns or on poultry farms for the purpose of protecting
3002 poultry or livestock, or used directly on poultry or livestock;
3003 animal health products that are administered to, applied to, or
3004 consumed by livestock or poultry to alleviate pain or cure or
3005 prevent sickness, disease, or suffering, including, but not
3006 limited to, antiseptics, absorbent cotton, gauze for bandages,
3007 lotions, vaccines, vitamins, and worm remedies; aquaculture
3008 health products that are used by aquaculture producers, as
3009 defined in s. 597.0015, to prevent or treat fungi, bacteria, and
3010 parasitic diseases; portable containers or movable receptacles
3011 in which portable containers are placed, used for processing
3012 farm products; field and garden seeds, including flower seeds;
3013 nursery stock, seedlings, cuttings, or other propagative
3014 material purchased for growing stock; seeds, seedlings,
3015 cuttings, and plants used to produce food for human consumption;
3016 cloth, plastic, and other similar materials used for shade,
3017 mulch, or protection from frost or insects on a farm; hog wire
3018 and barbed wire fencing, including gates and materials used to
3019 construct or repair such fencing, used in agricultural
3020 production on lands classified as agricultural lands under s.
3021 193.461; materials used to construct or repair permanent or
3022 temporary fencing used to contain, confine, or process cattle,
3023 including gates and energized fencing systems, used in
3024 agricultural operations on lands classified as agricultural
3025 lands under s. 193.461; stakes used by a farmer to support
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3026 plants during agricultural production; generators used on
3027 poultry farms; and liquefied petroleum gas or other fuel used to
3028 heat a structure in which started pullets or broilers are
3029 raised; however, such exemption is not allowed unless the
3030 purchaser or lessee signs a certificate stating that the item to
3031 be exempted is for the exclusive use designated herein. Also
3032 exempt are cellophane wrappers, glue for tin and glass
3033 (apiarists), mailing cases for honey, shipping cases, window
3034 cartons, and baling wire and twine used for baling hay, when
3035 used by a farmer to contain, produce, or process an agricultural
3036 commodity.
3037 (19) FLORIDA FARM TEAM CARD.—
3038 (a) Notwithstanding any other law, a farmer whose property
3039 has been classified as agricultural pursuant to s. 193.461 or
3040 who has implemented agricultural best management practices
3041 adopted by the Department of Agriculture and Consumer Services
3042 pursuant to s. 403.067(7)(c)2. may apply to the department for a
3043 Florida farm tax exempt agricultural materials (TEAM) card to
3044 claim the applicable sales tax exemptions provided in this
3045 section. A farmer may present the Florida farm TEAM card to a
3046 selling dealer in lieu of a certificate or affidavit otherwise
3047 required by this chapter.
3048 Section 89. For the purpose of incorporating the amendment
3049 made by this act to section 193.461, Florida Statutes, in a
3050 reference thereto, subsection (2) of section 373.406, Florida
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3051 Statutes, is reenacted to read:
3052 373.406 Exemptions.—The following exemptions shall apply:
3053 (2) Notwithstanding s. 403.927, nothing herein, or in any
3054 rule, regulation, or order adopted pursuant hereto, shall be
3055 construed to affect the right of any person engaged in the
3056 occupation of agriculture, silviculture, floriculture, or
3057 horticulture to alter the topography of any tract of land,
3058 including, but not limited to, activities that may impede or
3059 divert the flow of surface waters or adversely impact wetlands,
3060 for purposes consistent with the normal and customary practice
3061 of such occupation in the area. However, such alteration or
3062 activity may not be for the sole or predominant purpose of
3063 impeding or diverting the flow of surface waters or adversely
3064 impacting wetlands. This exemption applies to lands classified
3065 as agricultural pursuant to s. 193.461 and to activities
3066 requiring an environmental resource permit pursuant to this
3067 part. This exemption does not apply to any activities previously
3068 authorized by an environmental resource permit or a management
3069 and storage of surface water permit issued pursuant to this part
3070 or a dredge and fill permit issued pursuant to chapter 403. This
3071 exemption has retroactive application to July 1, 1984.
3072 Section 90. For the purpose of incorporating the amendment
3073 made by this act to section 193.461, Florida Statutes, in a
3074 reference thereto, paragraph (a) of subsection (11) of section
3075 403.182, Florida Statutes, is reenacted to read:
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3076 403.182 Local pollution control programs.—
3077 (11)(a) Notwithstanding this section or any existing local
3078 pollution control programs, the Secretary of Environmental
3079 Protection has exclusive jurisdiction in setting standards or
3080 procedures for evaluating environmental conditions and assessing
3081 potential liability for the presence of contaminants on land
3082 that is classified as agricultural land pursuant to s. 193.461
3083 and being converted to a nonagricultural use. The exclusive
3084 jurisdiction includes defining what constitutes all appropriate
3085 inquiry consistent with 40 C.F.R. part 312 and guidance
3086 thereunder.
3087 Section 91. For the purpose of incorporating the amendment
3088 made by this act to section 193.461, Florida Statutes, in a
3089 reference thereto, subsection (4) of section 403.9337, Florida
3090 Statutes, is reenacted to read:
3091 403.9337 Model Ordinance for Florida-Friendly Fertilizer
3092 Use on Urban Landscapes.—
3093 (4) This section does not apply to the use of fertilizer
3094 on farm operations as defined in s. 823.14 or on lands
3095 classified as agricultural lands pursuant to s. 193.461.
3096 Section 92. For the purpose of incorporating the amendment
3097 made by this act to section 193.461, Florida Statutes, in a
3098 reference thereto, paragraph (d) of subsection (2) of section
3099 472.029, Florida Statutes, is reenacted to read:
3100 472.029 Authorization to enter lands of third parties;
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3101 conditions.—
3102 (2) LIABILITY AND DUTY OF CARE ON AGRICULTURAL LAND.—
3103 (d) This subsection applies only to land classified as
3104 agricultural pursuant to s. 193.461.
3105 Section 93. For the purpose of incorporating the amendment
3106 made by this act to section 193.461, Florida Statutes, in a
3107 reference thereto, subsection (5) of section 474.2021, Florida
3108 Statutes, is reenacted to read:
3109 474.2021 Veterinary telehealth.—
3110 (5) A veterinarian personally acquainted with the caring
3111 and keeping of an animal or group of animals on food-producing
3112 animal operations on land classified as agricultural pursuant to
3113 s. 193.461 who has recently seen the animal or group of animals
3114 or has made medically appropriate and timely visits to the
3115 premises where the animal or group of animals is kept may
3116 practice veterinary telehealth for animals on such operations.
3117 Section 94. For the purpose of incorporating the amendment
3118 made by this act to section 193.461, Florida Statutes, in a
3119 reference thereto, paragraph (d) of subsection (4) of section
3120 474.2165, Florida Statutes, is reenacted to read:
3121 474.2165 Ownership and control of veterinary medical
3122 patient records; report or copies of records to be furnished.—
3123 (4) Except as otherwise provided in this section, such
3124 records may not be furnished to, and the medical condition of a
3125 patient may not be discussed with, any person other than the
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3126 client or the client's legal representative or other
3127 veterinarians involved in the care or treatment of the patient,
3128 except upon written authorization of the client. However, such
3129 records may be furnished without written authorization under the
3130 following circumstances:
3131 (d) In any criminal action or situation where a
3132 veterinarian suspects a criminal violation. If a criminal
3133 violation is suspected, a veterinarian may, without notice to or
3134 authorization from the client, report the violation to a law
3135 enforcement officer, an animal control officer who is certified
3136 pursuant to s. 828.27(4)(a), or an agent appointed under s.
3137 828.03. However, if a suspected violation occurs at a commercial
3138 food-producing animal operation on land classified as
3139 agricultural under s. 193.461, the veterinarian must provide
3140 notice to the client or the client's legal representative before
3141 reporting the suspected violation to an officer or agent under
3142 this paragraph. The report may not include written medical
3143 records except upon the issuance of an order from a court of
3144 competent jurisdiction.
3145 Section 95. For the purpose of incorporating the amendment
3146 made by this act to section 193.461, Florida Statutes, in a
3147 reference thereto, subsection (6) of section 487.081, Florida
3148 Statutes, is reenacted to read:
3149 487.081 Exemptions.—
3150 (6) The Department of Environmental Protection is not
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3151 authorized to institute proceedings against any property owner
3152 or leaseholder of property under the provisions of s. 376.307(5)
3153 to recover any costs or damages associated with pesticide
3154 contamination of soil or water, or the evaluation, assessment,
3155 or remediation of pesticide contamination of soil or water,
3156 including sampling, analysis, and restoration of soil or potable
3157 water supplies, subject to the following conditions:
3158 (a) The pesticide contamination of soil or water is
3159 determined to be the result of the use of pesticides by the
3160 property owner or leaseholder, in accordance with state and
3161 federal law, applicable registered labels, and rules on property
3162 classified as agricultural land pursuant to s. 193.461;
3163 (b) The property owner or leaseholder maintains records of
3164 such pesticide applications and such records are provided to the
3165 department upon request;
3166 (c) In the event of pesticide contamination of soil or
3167 water, the department, upon request, shall make such records
3168 available to the Department of Environmental Protection;
3169 (d) This subsection does not limit regulatory authority
3170 under a federally delegated or approved program; and
3171 (e) This subsection is remedial in nature and shall apply
3172 retroactively.
3173
3174 The department, in consultation with the secretary of the
3175 Department of Environmental Protection, may adopt rules
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3176 prescribing the format, content, and retention time for records
3177 to be maintained under this subsection.
3178 Section 96. For the purpose of incorporating the amendment
3179 made by this act to section 193.461, Florida Statutes, in a
3180 reference thereto, subsection (1) of section 570.87, Florida
3181 Statutes, is reenacted to read:
3182 570.87 Agritourism participation impact on land
3183 classification.—
3184 (1) In order to promote and perpetuate agriculture
3185 throughout this state, farm operations are encouraged to engage
3186 in agritourism. An agricultural classification pursuant to s.
3187 193.461 may not be denied or revoked solely due to the conduct
3188 of agritourism activity on a bona fide farm or the construction,
3189 alteration, or maintenance of a nonresidential farm building,
3190 structure, or facility on a bona fide farm which is used to
3191 conduct agritourism activities. So long as the building,
3192 structure, or facility is an integral part of the agricultural
3193 operation, the land it occupies shall be considered agricultural
3194 in nature. However, such buildings, structures, and facilities,
3195 and other improvements on the land, must be assessed under s.
3196 193.011 at their just value and added to the agriculturally
3197 assessed value of the land.
3198 Section 97. For the purpose of incorporating the amendment
3199 made by this act to section 193.461, Florida Statutes, in a
3200 reference thereto, subsection (3) of section 570.94, Florida
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3201 Statutes, is reenacted to read:
3202 570.94 Best management practices for wildlife.—The
3203 department and the Fish and Wildlife Conservation Commission
3204 recognize that agriculture provides a valuable benefit to the
3205 conservation and management of fish and wildlife in the state
3206 and agree to enter into a memorandum of agreement to develop and
3207 adopt by rule voluntary best management practices for the
3208 state's agriculture industry which reflect the industry's
3209 existing contribution to the conservation and management of
3210 freshwater aquatic life and wild animal life in the state.
3211 (3) Notwithstanding any other provision of law, including
3212 s. 163.3162, the implementation of the best management practices
3213 pursuant to this section is voluntary and except as specifically
3214 provided under this section and s. 9, Art. IV of the State
3215 Constitution, an agency, department, district, or unit of local
3216 government may not adopt or enforce any ordinance, resolution,
3217 regulation, rule, or policy regarding the best management
3218 practices on land classified as agricultural land pursuant to s.
3219 193.461.
3220 Section 98. For the purpose of incorporating the amendment
3221 made by this act to section 193.461, Florida Statutes, in a
3222 reference thereto, paragraph (a) of subsection (1) of section
3223 582.19, Florida Statutes, is reenacted to read:
3224 582.19 Qualifications and tenure of supervisors.—
3225 (1) The governing body of the district shall consist of
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3226 five supervisors, elected as provided in s. 582.18.
3227 (a) To qualify to serve on the governing body of a
3228 district, a supervisor must be an eligible voter who resides in
3229 the district and who:
3230 1. Is actively engaged in, or retired after 10 years of
3231 being engaged in, agriculture as defined in s. 570.02;
3232 2. Is employed by an agricultural producer; or
3233 3. Owns, leases, or is actively employed on land
3234 classified as agricultural under s. 193.461.
3235 Section 99. For the purpose of incorporating the amendment
3236 made by this act to section 193.461, Florida Statutes, in a
3237 reference thereto, subsection (1) of section 570.85, Florida
3238 Statutes, is reenacted to read:
3239 570.85 Agritourism.—
3240 (1) It is the intent of the Legislature to promote
3241 agritourism as a way to support bona fide agricultural
3242 production by providing a stream of revenue and by educating the
3243 general public about the agricultural industry. It is also the
3244 intent of the Legislature to eliminate duplication of regulatory
3245 authority over agritourism as expressed in this section. Except
3246 as otherwise provided for in this section, and notwithstanding
3247 any other law, a local government may not adopt or enforce a
3248 local ordinance, regulation, rule, or policy that prohibits,
3249 restricts, regulates, or otherwise limits an agritourism
3250 activity on land classified as agricultural land under s.
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3251 193.461. This subsection does not limit the powers and duties of
3252 a local government to address substantial offsite impacts of
3253 agritourism activities or an emergency as provided in chapter
3254 252.
3255 Section 100. For the purpose of incorporating the
3256 amendment made by this act to section 193.461, Florida Statutes,
3257 in a reference thereto, section 586.055, Florida Statutes, is
3258 reenacted to read:
3259 586.055 Location of apiaries.—An apiary may be located on
3260 land classified as agricultural under s. 193.461 or on land that
3261 is integral to a beekeeping operation.
3262 Section 101. For the purpose of incorporating the
3263 amendment made by this act to section 193.461, Florida Statutes,
3264 in a reference thereto, paragraph (d) of subsection (2) of
3265 section 604.50, Florida Statutes, is reenacted to read:
3266 604.50 Nonresidential farm buildings; farm fences; farm
3267 signs.—
3268 (2) As used in this section, the term:
3269 (d) "Nonresidential farm building" means any temporary or
3270 permanent building or support structure that is classified as a
3271 nonresidential farm building on a farm under s. 553.73(10)(c) or
3272 that is used primarily for agricultural purposes, is located on
3273 land that is an integral part of a farm operation or is
3274 classified as agricultural land under s. 193.461, and is not
3275 intended to be used as a residential dwelling. The term may
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3276 include, but is not limited to, a barn, greenhouse, shade house,
3277 farm office, storage building, or poultry house.
3278 Section 102. For the purpose of incorporating the
3279 amendment made by this act to section 193.461, Florida Statutes,
3280 in a reference thereto, paragraph (b) of subsection (3) of
3281 section 604.73, Florida Statutes, is reenacted to read:
3282 604.73 Urban agriculture pilot projects; local regulation
3283 of urban agriculture.—
3284 (3) DEFINITIONS.—As used in this section, the term:
3285 (b) "Urban agriculture" means any new or existing
3286 noncommercial agricultural uses on land that is:
3287 1. Within a dense urban land area, as described in s.
3288 380.0651(3)(a);
3289 2. Not classified as agricultural pursuant to s. 193.461;
3290 3. Not zoned as agricultural as its principal use; and
3291 4. Designated by a municipality for inclusion in an urban
3292 agricultural pilot project that has been approved by the
3293 department.
3294
3295 The term does not include vegetable gardens, as defined in s.
3296 604.71(4), for personal consumption on residential properties.
3297 Section 103. For the purpose of incorporating the
3298 amendment made by this act to section 193.461, Florida Statutes,
3299 in a reference thereto, subsection (1) of section 692.201,
3300 Florida Statutes, is reenacted to read:
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3301 692.201 Definitions.—As used in this part, the term:
3302 (1) "Agricultural land" means land classified as
3303 agricultural under s. 193.461.
3304 Section 104. For the purpose of incorporating the
3305 amendment made by this act to section 193.461, Florida Statutes,
3306 in a reference thereto, paragraph (a) of subsection (5) of
3307 section 810.011, Florida Statutes, is reenacted to read:
3308 810.011 Definitions.—As used in this chapter:
3309 (5)(a) "Posted land" is land upon which any of the
3310 following are placed:
3311 1. Signs placed not more than 500 feet apart along and at
3312 each corner of the boundaries of the land or, for land owned by
3313 a water control district that exists pursuant to chapter 298 or
3314 was created by special act of the Legislature, signs placed at
3315 or near the intersection of any district canal right-of-way and
3316 a road right-of-way or, for land classified as agricultural
3317 pursuant to s. 193.461, signs placed at each point of ingress
3318 and at each corner of the boundaries of the agricultural land,
3319 which prominently display in letters of not less than 2 inches
3320 in height the words "no trespassing" and the name of the owner,
3321 lessee, or occupant of the land. The signs must be placed along
3322 the boundary line of posted land in a manner and in such
3323 position as to be clearly noticeable from outside the boundary
3324 line; or
3325 2.a. A conspicuous no trespassing notice is painted on
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3326 trees or posts on the property, provided that the notice is:
3327 (I) Painted in an international orange color and
3328 displaying the stenciled words "No Trespassing" in letters no
3329 less than 2 inches high and 1 inch wide either vertically or
3330 horizontally;
3331 (II) Placed so that the bottom of the painted notice is
3332 not less than 3 feet from the ground or more than 5 feet from
3333 the ground; and
3334 (III) Placed at locations that are readily visible to any
3335 person approaching the property and no more than 500 feet apart
3336 on agricultural land.
3337 b. When a landowner uses the painted no trespassing
3338 posting to identify a no trespassing area, those painted notices
3339 must be accompanied by signs complying with subparagraph 1. and
3340 must be placed conspicuously at all places where entry to the
3341 property is normally expected or known to occur.
3342 Section 105. For the purpose of incorporating the
3343 amendment made by this act to section 193.461, Florida Statutes,
3344 in a reference thereto, paragraph (a) of subsection (5) and
3345 paragraph (a) of subsection (6) of section 741.30, Florida
3346 Statutes, are reenacted to read:
3347 741.30 Domestic violence; injunction; powers and duties of
3348 court and clerk; petition; notice and hearing; temporary
3349 injunction; issuance of injunction; statewide verification
3350 system; enforcement; public records exemption.—
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3351 (5)(a) If it appears to the court that an immediate and
3352 present danger of domestic violence exists, the court may grant
3353 a temporary injunction ex parte, pending a full hearing, and may
3354 grant such relief as the court deems proper, including an
3355 injunction:
3356 1. Restraining the respondent from committing any acts of
3357 domestic violence.
3358 2. Awarding to the petitioner the temporary exclusive use
3359 and possession of the dwelling that the parties share or
3360 excluding the respondent from the residence of the petitioner.
3361 3. On the same basis as provided in s. 61.13, providing
3362 the petitioner a temporary parenting plan, including a time-
3363 sharing schedule, which may award the petitioner up to 100
3364 percent of the time-sharing. If temporary time-sharing is
3365 awarded to the respondent, the exchange of the child must occur
3366 at a neutral safe exchange location as provided in s. 125.01(8)
3367 or a location authorized by a supervised visitation program as
3368 defined in s. 753.01 if the court determines it is in the best
3369 interests of the child after consideration of all of the factors
3370 specified in s. 61.13(3). The temporary parenting plan remains
3371 in effect until the order expires or an order is entered by a
3372 court of competent jurisdiction in a pending or subsequent civil
3373 action or proceeding affecting the placement of, access to,
3374 parental time with, adoption of, or parental rights and
3375 responsibilities for the minor child.
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3376 4. If the petitioner and respondent have an existing
3377 parenting plan or time-sharing schedule under another court
3378 order, designating that the exchange of the minor child or
3379 children of the parties must occur at a neutral safe exchange
3380 location as provided in s. 125.01(8) or a location authorized by
3381 a supervised visitation program as defined in s. 753.01 if the
3382 court determines it is in the best interests of the child after
3383 consideration of all of the factors specified in s. 61.13(3).
3384 5. Awarding to the petitioner the temporary exclusive
3385 care, possession, or control of an animal that is owned,
3386 possessed, harbored, kept, or held by the petitioner, the
3387 respondent, or a minor child residing in the residence or
3388 household of the petitioner or respondent. The court may order
3389 the respondent to temporarily have no contact with the animal
3390 and prohibit the respondent from taking, transferring,
3391 encumbering, concealing, harming, or otherwise disposing of the
3392 animal. This subparagraph does not apply to an animal owned
3393 primarily for a bona fide agricultural purpose, as defined under
3394 s. 193.461, or to a service animal, as defined under s. 413.08,
3395 if the respondent is the service animal's handler.
3396 (6)(a) Upon notice and hearing, when it appears to the
3397 court that the petitioner is either the victim of domestic
3398 violence as defined by s. 741.28 or has reasonable cause to
3399 believe he or she is in imminent danger of becoming a victim of
3400 domestic violence, the court may grant such relief as the court
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3401 deems proper, including an injunction:
3402 1. Restraining the respondent from committing any acts of
3403 domestic violence.
3404 2. Awarding to the petitioner the exclusive use and
3405 possession of the dwelling that the parties share or excluding
3406 the respondent from the residence of the petitioner.
3407 3. On the same basis as provided in chapter 61, providing
3408 the petitioner with 100 percent of the time-sharing in a
3409 temporary parenting plan that remains in effect until the order
3410 expires or an order is entered by a court of competent
3411 jurisdiction in a pending or subsequent civil action or
3412 proceeding affecting the placement of, access to, parental time
3413 with, adoption of, or parental rights and responsibilities for
3414 the minor child.
3415 4. If the petitioner and respondent have an existing
3416 parenting plan or time-sharing schedule under another court
3417 order, designating that the exchange of the minor child or
3418 children of the parties must occur at a neutral safe exchange
3419 location as provided in s. 125.01(8) or a location authorized by
3420 a supervised visitation program as defined in s. 753.01 if the
3421 court determines it is in the best interests of the child after
3422 consideration of all of the factors specified in s. 61.13(3).
3423 5. On the same basis as provided in chapter 61,
3424 establishing temporary support for a minor child or children or
3425 the petitioner. An order of temporary support remains in effect
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3426 until the order expires or an order is entered by a court of
3427 competent jurisdiction in a pending or subsequent civil action
3428 or proceeding affecting child support.
3429 6. Ordering the respondent to participate in treatment,
3430 intervention, or counseling services to be paid for by the
3431 respondent. When the court orders the respondent to participate
3432 in a batterers' intervention program, the court, or any entity
3433 designated by the court, must provide the respondent with a list
3434 of batterers' intervention programs from which the respondent
3435 must choose a program in which to participate.
3436 7. Referring a petitioner to a certified domestic violence
3437 center. The court must provide the petitioner with a list of
3438 certified domestic violence centers in the circuit which the
3439 petitioner may contact.
3440 8. Awarding to the petitioner the exclusive care,
3441 possession, or control of an animal that is owned, possessed,
3442 harbored, kept, or held by the petitioner, the respondent, or a
3443 minor child residing in the residence or household of the
3444 petitioner or respondent. The court may order the respondent to
3445 have no contact with the animal and prohibit the respondent from
3446 taking, transferring, encumbering, concealing, harming, or
3447 otherwise disposing of the animal. This subparagraph does not
3448 apply to an animal owned primarily for a bona fide agricultural
3449 purpose, as defined under s. 193.461, or to a service animal, as
3450 defined under s. 413.08, if the respondent is the service
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3451 animal's handler.
3452 9. Ordering such other relief as the court deems necessary
3453 for the protection of a victim of domestic violence, including
3454 injunctions or directives to law enforcement agencies, as
3455 provided in this section.
3456 Section 106. For the purpose of incorporating the
3457 amendment made by this act to section 193.461, Florida Statutes,
3458 in a reference thereto, subsection (6) of section 823.14,
3459 Florida Statutes, is reenacted to read:
3460 823.14 Florida Right to Farm Act.—
3461 (6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION.—It
3462 is the intent of the Legislature to eliminate duplication of
3463 regulatory authority over farm operations as expressed in this
3464 subsection. Except as otherwise provided for in this section and
3465 s. 487.051(2), and notwithstanding any other provision of law, a
3466 local government may not adopt any ordinance, regulation, rule,
3467 or policy to prohibit, restrict, regulate, or otherwise limit an
3468 activity of a bona fide farm operation on land classified as
3469 agricultural land pursuant to s. 193.461, where such activity is
3470 regulated through implemented best management practices or
3471 interim measures developed by the Department of Environmental
3472 Protection, the Department of Agriculture and Consumer Services,
3473 or water management districts and adopted under chapter 120 as
3474 part of a statewide or regional program. When an activity of a
3475 farm operation takes place within a wellfield protection area as
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3476 defined in any wellfield protection ordinance adopted by a local
3477 government, and the adopted best management practice or interim
3478 measure does not specifically address wellfield protection, a
3479 local government may regulate that activity pursuant to such
3480 ordinance. This subsection does not limit the powers and duties
3481 provided for in s. 373.4592 or limit the powers and duties of
3482 any local government to address an emergency as provided for in
3483 chapter 252.
3484 Section 107. For the purpose of incorporating the
3485 amendment made by this act to section 388.271, Florida Statutes,
3486 in a reference thereto, paragraph (a) of subsection (1) of
3487 section 189.062, Florida Statutes, is reenacted to read:
3488 189.062 Special procedures for inactive districts.—
3489 (1) The department shall declare inactive any special
3490 district in this state by documenting that:
3491 (a) The special district meets one of the following
3492 criteria:
3493 1. The registered agent of the district, the chair of the
3494 governing body of the district, or the governing body of the
3495 appropriate local general-purpose government notifies the
3496 department in writing that the district has taken no action for
3497 2 or more years;
3498 2. The registered agent of the district, the chair of the
3499 governing body of the district, or the governing body of the
3500 appropriate local general-purpose government notifies the
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3501 department in writing that the district has not had a governing
3502 body or a sufficient number of governing body members to
3503 constitute a quorum for 2 or more years;
3504 3. The registered agent of the district, the chair of the
3505 governing body of the district, or the governing body of the
3506 appropriate local general-purpose government fails to respond to
3507 an inquiry by the department within 21 days;
3508 4. The department determines, pursuant to s. 189.067, that
3509 the district has failed to file any of the reports listed in s.
3510 189.066;
3511 5. The district has not had a registered office and agent
3512 on file with the department for 1 or more years;
3513 6. The governing body of a special district provides
3514 documentation to the department that it has unanimously adopted
3515 a resolution declaring the special district inactive. The
3516 special district is responsible for payment of any expenses
3517 associated with its dissolution;
3518 7. The district is an independent special district or a
3519 community redevelopment district created under part III of
3520 chapter 163 that has reported no revenue, no expenditures, and
3521 no debt under s. 189.016(9) or s. 218.32 for at least 5
3522 consecutive fiscal years beginning no earlier than October 1,
3523 2018. This subparagraph does not apply to a community
3524 development district established under chapter 190 or to any
3525 independent special district operating pursuant to a special act
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3526 that provides that any amendment to chapter 190 to grant
3527 additional powers constitutes a power of that district; or
3528 8. For a mosquito control district created pursuant to
3529 chapter 388, the department has received notice from the
3530 Department of Agriculture and Consumer Services that the
3531 district has failed to file a tentative work plan and tentative
3532 detailed work plan budget as required by s. 388.271.
3533 Section 108. For the purpose of incorporating the
3534 amendment made by this act to section 388.271, Florida Statutes,
3535 in a reference thereto, subsection (7) of section 388.261,
3536 Florida Statutes, is reenacted to read:
3537 388.261 State aid to counties and districts for arthropod
3538 control; distribution priorities and limitations.—
3539 (7) The department may use state funds appropriated for a
3540 county or district under subsection (1) or subsection (2) to
3541 provide state mosquito or other arthropod control equipment,
3542 supplies, or services when requested by a county or district
3543 eligible to receive state funds under s. 388.271.
3544 Section 109. For the purpose of incorporating the
3545 amendment made by this act to section 482.161, Florida Statutes,
3546 in a reference thereto, paragraph (b) of subsection (3) of
3547 section 482.072, Florida Statutes, is reenacted to read:
3548 482.072 Pest control customer contact centers.—
3549 (3)
3550 (b) Notwithstanding any other provision of this section:
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3551 1. A customer contact center licensee is subject to
3552 disciplinary action under s. 482.161 for a violation of this
3553 section or a rule adopted under this section committed by a
3554 person who solicits pest control services or provides customer
3555 service in a customer contact center.
3556 2. A pest control business licensee may be subject to
3557 disciplinary action under s. 482.161 for a violation of this
3558 section or a rule adopted under this section committed by a
3559 person who solicits pest control services or provides customer
3560 service in a customer contact center operated by a licensee if
3561 the licensee participates in the violation.
3562 Section 110. For the purpose of incorporating the
3563 amendment made by this act to section 482.161, Florida Statutes,
3564 in a reference thereto, section 482.163, Florida Statutes, is
3565 reenacted to read:
3566 482.163 Responsibility for pest control activities of
3567 employee.—Proper performance of pest control activities by a
3568 pest control business employee is the responsibility not only of
3569 the employee but also of the certified operator in charge, and
3570 the certified operator in charge may be disciplined pursuant to
3571 the provisions of s. 482.161 for the pest control activities of
3572 an employee. A licensee may not automatically be considered
3573 responsible for violations made by an employee. However, the
3574 licensee may not knowingly encourage, aid, or abet violations of
3575 this chapter.
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3576 Section 111. For the purpose of incorporating the
3577 amendment made by this act to section 487.044, Florida Statutes,
3578 in a reference thereto, section 487.156, Florida Statutes, is
3579 reenacted to read:
3580 487.156 Governmental agencies.—All governmental agencies
3581 shall be subject to the provisions of this part and rules
3582 adopted under this part. Public applicators using or supervising
3583 the use of restricted-use pesticides shall be subject to
3584 examination as provided in s. 487.044.
3585 Section 112. For the purpose of incorporating the
3586 amendment made by this act to section 496.405, Florida Statutes,
3587 in a reference thereto, subsection (2) of section 496.4055,
3588 Florida Statutes, is reenacted to read:
3589 496.4055 Charitable organization or sponsor board duties.—
3590 (2) The board of directors, or an authorized committee
3591 thereof, of a charitable organization or sponsor required to
3592 register with the department under s. 496.405 shall adopt a
3593 policy regarding conflict of interest transactions. The policy
3594 shall require annual certification of compliance with the policy
3595 by all directors, officers, and trustees of the charitable
3596 organization. A copy of the annual certification shall be
3597 submitted to the department with the annual registration
3598 statement required by s. 496.405.
3599 Section 113. For the purpose of incorporating the
3600 amendment made by this act to section 496.405, Florida Statutes,
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HB 651 2025
3601 in a reference thereto, subsections (2) and (4) of section
3602 496.406, Florida Statutes, are reenacted to read:
3603 496.406 Exemption from registration.—
3604 (2) Before soliciting contributions, a charitable
3605 organization or sponsor claiming to be exempt from the
3606 registration requirements of s. 496.405 under paragraph (1)(d)
3607 must submit annually to the department, on forms prescribed by
3608 the department:
3609 (a) The name, street address, and telephone number of the
3610 charitable organization or sponsor, the name under which it
3611 intends to solicit contributions, the purpose for which it is
3612 organized, and the purpose or purposes for which the
3613 contributions to be solicited will be used.
3614 (b) The tax exempt status of the organization.
3615 (c) The date on which the organization's fiscal year ends.
3616 (d) The names, street addresses, and telephone numbers of
3617 the individuals or officers who have final responsibility for
3618 the custody of the contributions and who will be responsible for
3619 the final distribution of the contributions.
3620 (e) A financial statement of support, revenue, and
3621 expenses and a statement of functional expenses that must
3622 include, but not be limited to, expenses in the following
3623 categories: program, management and general, and fundraising. In
3624 lieu of the financial statement, a charitable organization or
3625 sponsor may submit a copy of its Internal Revenue Service Form
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3626 990 and all attached schedules or Internal Revenue Service Form
3627 990-EZ and Schedule O.
3628 (4) Exemption from the registration requirements of s.
3629 496.405 does not limit the applicability of other provisions of
3630 this section to a charitable organization or sponsor.
3631 Section 114. For the purpose of incorporating the
3632 amendment made by this act to section 500.12, Florida Statutes,
3633 in a reference thereto, paragraph (a) of subsection (1) of
3634 section 500.80, Florida Statutes, is reenacted to read:
3635 500.80 Cottage food operations.—
3636 (1)(a) A cottage food operation must comply with the
3637 applicable requirements of this chapter but is exempt from the
3638 permitting requirements of s. 500.12 if the cottage food
3639 operation complies with this section and has annual gross sales
3640 of cottage food products that do not exceed $250,000.
3641 Section 115. For the purpose of incorporating the
3642 amendment made by this act to section 500.172, Florida Statutes,
3643 in a reference thereto, subsection (6) of section 500.121,
3644 Florida Statutes, is reenacted to read:
3645 500.121 Disciplinary procedures.—
3646 (6) If the department determines that a food offered in a
3647 food establishment is labeled with nutrient claims that are in
3648 violation of this chapter, the department shall retest or
3649 reexamine the product within 90 days after notification to the
3650 manufacturer and to the firm at which the product was collected.
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3651 If the product is again found in violation, the department shall
3652 test or examine the product for a third time within 60 days
3653 after the second notification. The product manufacturer shall
3654 reimburse the department for the cost of the third test or
3655 examination. If the product is found in violation for a third
3656 time, the department shall exercise its authority under s.
3657 500.172 and issue a stop-sale or stop-use order. The department
3658 may impose additional sanctions for violations of this
3659 subsection.
3660 Section 116. For the purpose of incorporating the
3661 amendment made by this act to section 790.06, Florida Statutes,
3662 in a reference thereto, section 790.061, Florida Statutes, is
3663 reenacted to read:
3664 790.061 Judges and justices; exceptions from licensure
3665 provisions.—A county court judge, circuit court judge, district
3666 court of appeal judge, justice of the supreme court, federal
3667 district court judge, or federal court of appeals judge serving
3668 in this state is not required to comply with the provisions of
3669 s. 790.06 in order to receive a license to carry a concealed
3670 weapon or firearm, except that any such justice or judge must
3671 comply with the provisions of s. 790.06(2)(h). The Department of
3672 Agriculture and Consumer Services shall issue a license to carry
3673 a concealed weapon or firearm to any such justice or judge upon
3674 demonstration of competence of the justice or judge pursuant to
3675 s. 790.06(2)(h).
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3676 Section 117. This act shall take effect July 1, 2025.
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HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE
HB 651 by Reps. Tuck and Alvarez, D.
Relating to Department of Agriculture and Consumer Services
AMENDMENT SUMMARY
March 18, 2025
Amendment 1 by Rep. Tuck (Strike-All): The amendment:
• Prohibits a local government from adopting an ordinance that inhibits the construction of
housing for legally verified agricultural workers on certain land, and requires property
owners of such lands to maintain certain records.
• Eliminates an exemption for federal, state, and other government entities under the
Unmanned Aircraft Systems Act.
• Allows the Department of Agriculture and Consumer Services (DACS) to surplus certain
lands that are determined to be suitable for bona fide agricultural production, and makes
these provisions retroactive to January 1, 2009.
• Requires certain lands owned or acquired by an electric utility to be offered to DACS for fee
simple acquisition before the lands are offered to anyone else, and makes these provisions
retroactive to January 1, 2009.
• Grants DACS rulemaking authority to enforce the FDA’s standard of identity for, and
prohibits the sale of plant-based products mislabeled as, milk, meat, poultry, poultry
products, eggs, and egg products.
• Allows DACS to use contracts procured by other state agencies, notwithstanding DMS’
authority to oversee the procurement of contracts by state agencies.
• Creates the Florida Aquaculture Foundation (Foundation) within DACS to create programs
to assist, promote, and further aquaculture and aquaculture producers in the state, and
authorizes DACS to appoint an advisory committee adjunct to the Foundation.
• Eliminates the exemption under the Freedom from Unwarranted Surveillance Act for
persons or entities licensed by the state if the use of a drone is only to perform reasonable
tasks within the scope of activities permitted under the person or entity’s license.
• Eliminates the provision conditioning the assessment of civil fines and attorney fees and
costs on a finding that the entity received notice, at least 30 days before a suit was filed,
that the ordinance or regulation impinged on the regulation of firearms and ammunition.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Tuck offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (m) of subsection (2) of section
8 110.205, Florida Statutes, is amended to read:
9 110.205 Career service; exemptions.—
10 (2) EXEMPT POSITIONS.—The exempt positions that are not
11 covered by this part include the following:
12 (m) All assistant division director, deputy division
13 director, and bureau chief positions in any department, and
14 those positions determined by the department to have managerial
15 responsibilities comparable to such positions, which include,
16 but are not limited to:
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Amendment No. 1
17 1. Positions in The Department of Health and the
18 Department of Children and Families which are assigned primary
19 duties of serving as the superintendent or assistant
20 superintendent of an institution.
21 2. Positions in The Department of Corrections which are
22 assigned primary duties of serving as the warden, assistant
23 warden, colonel, or major of an institution or that are assigned
24 primary duties of serving as the circuit administrator or deputy
25 circuit administrator.
26 3. Positions in The Department of Transportation which are
27 assigned primary duties of serving as regional toll managers and
28 managers of offices, as specified in s. 20.23(3)(b) and (4)(c).
29 4. Positions in The Department of Environmental Protection
30 which are assigned the duty of an Environmental Administrator or
31 program administrator.
32 5. Positions in The Department of Health which are
33 assigned the duties of Environmental Administrator, Assistant
34 County Health Department Director, and County Health Department
35 Financial Administrator.
36 6. Positions in The Department of Highway Safety and Motor
37 Vehicles which are assigned primary duties of serving as
38 captains in the Florida Highway Patrol.
39 7. Positions in the Department of Agriculture and Consumer
40 Services which are assigned primary duties of serving as
41 captains or majors in the Office of Agricultural Law
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Amendment No. 1
42 Enforcement.
43
44 Unless otherwise fixed by law, the department shall set the
45 salary and benefits of the positions listed in this paragraph in
46 accordance with the rules established for the Selected Exempt
47 Service.
48 Section 2. Paragraphs (a) through (d) of subsection (2) of
49 section 163.3162, Florida Statutes, are redesignated as
50 paragraphs (b) through (e), respectively, new paragraphs (a),
51 (f), and (g) are added to that subsection, and subsections (5),
52 (6), and (7) are added to that section, to read:
53 163.3162 Agricultural Lands and Practices.—
54 (2) DEFINITIONS.—As used in this section, the term:
55 (a) "Department" means the Department of Agriculture and
56 Consumer Services.
57 (f) "Housing site" means the totality of development
58 supporting authorized housing, including buildings; mobile
59 homes; barracks; dormitories used as living quarters; parking
60 areas; common areas such as athletic fields or playgrounds;
61 storage structures; and other related structures.
62 (g) "Legally verified agricultural worker" means a person
63 who:
64 1. Is lawfully present in the United States;
65 2. Meets the definition of eligible worker pursuant to 29
66 C.F.R. s. 502.10;
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Amendment No. 1
67 3. Has been verified through the process provided in s.
68 448.095(2) and is authorized to work at the time of employment;
69 4. Is seasonally or annually employed in a bona fide
70 agricultural production;
71 5. Remains lawfully present and authorized to work
72 throughout the duration of that employment; and
73 6. Is not an unauthorized alien as defined in s.
74 448.095(1).
75 (5) HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS.—
76 (a) A governmental entity may not adopt or enforce any
77 legislation, regulation, or ordinance to inhibit the
78 construction or installation of housing for legally verified
79 agricultural workers on land classified as agricultural land
80 pursuant to s. 193.461 which is operated as a bona fide farm
81 except as provided in this subsection.
82 (b) Construction or installation of housing units for
83 legally verified agricultural workers on parcels of land
84 classified as agricultural land under s. 193.461 must satisfy
85 all of the following criteria:
86 1. The dwelling units must meet federal, state, and local
87 building standards, including standards of the Department of
88 Health adopted pursuant to ss. 381.008-381.00897 and federal
89 standards for H-2A visa housing. If written notice of intent is
90 required to be submitted to the Department of Health pursuant to
91 s. 381.0083, the appropriate governmental entity with
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Amendment No. 1
92 jurisdiction over the agricultural lands may also require
93 submittal of a copy of the written notice.
94 2. The housing site must be maintained in a neat, orderly,
95 and safe manner.
96 3. All structures containing dwelling units must be
97 located a minimum of 10 feet apart.
98 4. The square footage of the housing site's climate-
99 controlled facilities may not exceed 1.5 percent of the
100 property's area or 35,000 square feet, whichever is less.
101 5. A housing site must provide front, side, and rear yard
102 setbacks of at least 50 feet. However, an internal project
103 driveway may be located in the required yard space if the yard
104 is adjacent to a public roadway or to property that is under
105 common ownership with the housing site.
106 6. A housing site may not be located less than 100 feet
107 from a property line adjacent to property zoned for residential
108 use. If the housing site is located less than 250 feet from any
109 property line, screening must be provided between the housing
110 site and any residentially developed adjacent parcels that are
111 under different ownership. The screening may be designed in any
112 of the following ways:
113 a. Evergreen plants that, at the time of planting, are at
114 least 6 feet in height and provide an overall screening opacity
115 of 75 percent;
116 b. A masonry wall at least 6 feet in height and finished
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Amendment No. 1
117 on all sides with brick, stone, or painted or pigmented stucco;
118 c. A solid wood or PVC fence at least 6 feet in height
119 with the finished side of the fence facing out;
120 d. A row of evergreen shade trees that, at the time of
121 planting, are at least 10 feet in height, a minimum of 2-inch
122 caliper, and spaced no more than 20 feet apart; or
123 e. A berm made with a combination of the materials listed
124 in sub-subparagraphs a.-d., which is at least 6 feet in height
125 and provides an overall screening capacity of 75 percent at the
126 time of installation.
127 7. All access drives that serve the housing site must be
128 made of packed shell, gravel, or a similar material that will
129 provide a relatively dust-free surface.
130 (c) Any local ordinance adopted pursuant to this
131 subsection must comply with all state and federal regulations
132 for migrant farmworker housing, as applicable, including rules
133 adopted by the Department of Health pursuant to ss. 381.008–
134 381.00897 and federal regulations under the Migrant and Seasonal
135 Agricultural Worker Protection Act or the H-2A visa program. A
136 governmental entity may adopt local government land use
137 regulations that are less restrictive than this subsection, but
138 which still meet regulations established by the Department of
139 Health pursuant to ss. 381.008–381.00897 and federal regulations
140 under the Migrant and Seasonal Agricultural Worker Protection
141 Act or the H-2A visa program. An ordinance adopted pursuant to
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Amendment No. 1
142 this paragraph may not conflict with the definition and
143 requirements of a legally verified agricultural worker.
144 (d) Beginning July 1, 2025, a property owner must maintain
145 records of all approved permits, including successor permits,
146 for migrant labor camps or residential migrant housing as
147 required under s. 381.0081. A property owner must maintain such
148 records for at least 3 years and make the records available for
149 inspection within 14 days after receipt of a request for records
150 by a governmental entity.
151 (e) A housing site may not continue to be used and may be
152 required to be removed under the following circumstances:
153 1. If, for any reason, a housing site is not being used
154 for legally verified agricultural workers for longer than 365
155 days, any structure used as living quarters must be removed from
156 the housing site within 180 days after receipt of written
157 notification from the county unless the property owner can
158 demonstrate that use of the site for housing legally verified
159 agricultural workers will occur within 90 days after the written
160 notification.
161 2. If the property on which the housing site is located
162 ceases to be classified as agricultural land pursuant to s.
163 193.461.
164 3. If the permit authorized by the Department of Health
165 for the housing site is revoked, all structures must be removed
166 from the housing site within 180 days after receipt of written
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Amendment No. 1
167 notification from the county unless the permit is reinstated by
168 the Department of Health.
169 4. If a housing site is found to be occupied by any person
170 who does not meet the definition of a legally verified
171 agricultural worker, or is otherwise unlawfully present in the
172 United States. A property owner who violates this subparagraph
173 is subject to a Class I fine pursuant to s. 570.971, not to
174 exceed $1,000, for the first violation, and a Class II fine, not
175 to exceed $5,000, for any subsequent violations. The fines shall
176 be collected by the clerk of the court of the county in which
177 the violation occurred.
178 (f) Notwithstanding this subsection, the construction or
179 installation of housing for legally verified agricultural
180 workers in the Florida Keys Area of Critical State Concern and
181 the City of Key West Area of Critical State Concern is subject
182 to the permit allocation systems of the Florida Keys Area of
183 Critical State Concern and City of Key West Area of Critical
184 State Concern, respectively.
185 (g) A housing site that was constructed and in use before
186 July 1, 2024, may continue to be used, and the property owner
187 may not be required by a governmental entity to make changes to
188 meet the requirements of this subsection, unless the housing
189 site will be enlarged, remodeled, renovated, or rehabilitated.
190 The property owner of a housing site authorized under this
191 paragraph must provide regular maintenance and repair, including
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Amendment No. 1
192 compliance with health and safety regulations and maintenance
193 standards, for such housing site to ensure the health, safety,
194 and habitability of the housing site.
195 (6) DATA COLLECTION.—The department shall adopt rules
196 providing for:
197 (a) A method for government entities to submit reports of
198 property owners who have a housing site for legally verified
199 agriculture workers on lands classified as agricultural land
200 pursuant to s. 193.461, as provided in this section.
201 (b) A method for persons to submit complaints for review
202 and investigation by the department.
203
204 Government entities shall provide this information quarterly to
205 the department in a format and timeframe prescribed by rule.
206 (7) ENFORCEMENT.—
207 (a) In addition to the enforcement methods of employment
208 verification outlined in s. 448.095, the department shall
209 enforce the requirements of subsection (5). Enforcement includes
210 completing routine inspections based on a random sample of data
211 collected by government entities and submitted to the
212 department, the investigation and review of complaints, and the
213 enforcement of violations.
214 (b) The department shall submit the information collected
215 to the State Board of Immigration Enforcement on a quarterly
216 basis, except that the first quarter shall begin 60 days after
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Amendment No. 1
217 the first quarterly data report under subsection (6) by a
218 government entity is received and reviewed by the department.
219 Section 3. Subsection (3) of section 201.25, Florida
220 Statutes, is amended to read:
221 201.25 Tax exemptions for certain loans.—There shall be
222 exempt from all taxes imposed by this chapter:
223 (3) Any loan made by the Agriculture and Aquaculture
224 Producers Emergency Natural Disaster Recovery Loan Program
225 pursuant to s. 570.822.
226 Section 4. Subsection (19) is added to section 253.0341,
227 Florida Statutes, to read:
228 253.0341 Surplus of state-owned lands.—
229 (19) Notwithstanding any other law or rule, the Department
230 of Agriculture and Consumer Services may surplus lands acquired
231 pursuant to s. 366.20 which are determined to be suitable for
232 bona fide agricultural production, as defined in s. 193.461. The
233 Department of Agriculture and Consumer Services shall consult
234 with the Department of Environmental Protection in the process
235 of making such determination. In the event that lands acquired
236 pursuant to s. 366.20, which are determined to be suitable for
237 bona fide agricultural production are surplused, the Department
238 of Agriculture and Consumer Services must retain a rural-lands-
239 protection easements pursuant to s. 570.71(3), and all proceeds
240 must be deposited into the Incidental Trust Fund within the
241 Department of Agriculture and Consumer Services for less than
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Amendment No. 1
242 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
243 By January 1, 2026, and each January 1 thereafter, the
244 Department of Agriculture and Consumer Services shall provide a
245 report of lands surplused pursuant to this subsection to the
246 board.
247 (a) Any lands designated as a state forest, state park, or
248 wildlife management area are ineligible to be surplused pursuant
249 to this subsection.
250 (b) This subsection is retroactive to January 1, 2009.
251 Section 5. Paragraphs (a) through (d) and (e) of
252 subsection (2) of section 330.41, Florida Statutes, are
253 redesignated as paragraphs (b) through (e) and (j) of subsection
254 (2) and subsection (8), respectively, subsection (6) is
255 renumbered as subsection (8), paragraph (d) of subsection (4)
256 and present subsection (6) are amended, new paragraphs (a), (f),
257 (g), (h), and (i) are added to subsection (2), and new
258 subsections (6) and (7) are added to that section, to read:
259 330.41 Unmanned Aircraft Systems Act.—
260 (2) DEFINITIONS.—As used in this act, the term:
261 (a) "Commercial property" means real property other than
262 residential property. The term includes, but is not limited to,
263 a property zoned multifamily residential which is comprised of
264 five or more dwelling units, and real property used for
265 commercial, industrial, or agricultural purposes.
266 (f) "Private property" means any residential or commercial
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Amendment No. 1
267 property.
268 (g) "Property owner" means the owner or owners of record
269 of real property. The term includes real property held in trust
270 for the benefit of one or more individuals, in which case the
271 individual or individuals may be considered as the property
272 owner or owners, provided that the trustee provides written
273 consent. The term does not include persons renting, using,
274 living, or otherwise occupying real property.
275 (h) "Residential property" means real property zoned as
276 residential or multifamily residential and composed of four or
277 fewer dwelling units.
278 (i) "Sport shooting and training range" has the same
279 meaning as in s. 790.333(3)(h).
280 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
281 (d) This subsection and paragraph (2)(b) paragraph (2)(a)
282 shall sunset 60 days after the date that a process pursuant to
283 s. 2209 of the FAA Extension, Safety and Security Act of 2016
284 becomes effective.
285 (6) PROTECTION OF AGRICULTURAL LANDS.—
286 (a) A person may not knowingly or willfully do any of the
287 following on lands classified as agricultural lands pursuant to
288 s. 193.461:
289 1. Operate a drone.
290 2. Allow a drone to make contact with any person or object
291 on the premises of or within the boundaries of such lands.
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Amendment No. 1
292 3. Allow a drone to come within a distance close enough to
293 such lands to interfere with or cause a disturbance to
294 agricultural production.
295 (b) A person who violates paragraph (a) commits a
296 misdemeanor of the second degree, punishable as provided in s.
297 775.082 or s. 775.083. A person who commits a second or
298 subsequent violation commits a misdemeanor of the first degree,
299 punishable as provided in s. 775.082 or s. 775.083.
300 (c) This subsection does not apply to actions identified
301 in paragraph (a) which are committed by:
302 1. The owner of the agricultural lands;
303 2. A person acting under the prior written consent of the
304 owner of the agricultural lands; or
305 3. A person or entity acting in compliance with the
306 provisions of s. 934.50.
307 (7) PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING
308 LANDS.—
309 (a) A person may not knowingly or willfully allow a drone
310 to make contact with private property, state wildlife management
311 lands, or a sport shooting and training range or any person or
312 object on the premises of or within such property with the
313 intent to harass.
314 (b) A person who violates paragraph (a) commits a
315 misdemeanor of the second degree, punishable as provided in s.
316 775.082 or s. 775.083. A person who commits a second or
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317 subsequent violation commits a misdemeanor of the first degree,
318 punishable as provided in s. 775.082 or s. 775.083.
319 (c) A person who violates paragraph (a) and records video
320 of the private property, state wildlife management lands, or
321 sport shooting and training range, including any person or
322 object on the premises of or within the private property, state
323 wildlife management lands, or sport shooting and training range,
324 commits a misdemeanor of the first degree, punishable as
325 provided in s. 775.082 or s. 775.083. A person who commits a
326 second or subsequent violation commits a felony of the third
327 degree, punishable as provided in s. 775.082, s. 775.083, or s.
328 775.084.
329 (d) This subsection does not apply to actions identified
330 in paragraph (a) which are committed by:
331 1. The owner of the private property or sport shooting and
332 training range;
333 2. A person acting under the prior written consent of the
334 owner of the private property or sport shooting and training
335 range; or
336 3. A person or entity acting in compliance with the
337 provisions of s. 934.50.
338 Section 6. Section 366.20, Florida Statutes, is created to
339 read:
340 366.20 Sale and management of lands owned by electric
341 utilities.—
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342 (1) Lands acquired by an electric utility as defined in s.
343 361.11(2) which have been classified as agricultural lands
344 pursuant to s. 193.461 at any time in the 5 years preceding the
345 acquisition of the land by the electric utility must be offered
346 for fee simple acquisition by the Department of Agriculture and
347 Consumer Services before offering for sale or transferring the
348 land to a private individual or entity.
349 (2) Lands owned by an electric utility as defined in s.
350 361.11(2) which were classified as agricultural lands pursuant
351 to s. 193.461 at any time in the 5 years preceding the date of
352 acquisition of the land by the electric utility must be offered
353 for fee simple acquisition by the Department of Agriculture and
354 Consumer Services before offering for sale or transferring the
355 land to a private individual or entity.
356 (3) This section is retroactive to January 1, 2009.
357 Section 7. Subsections (3) and (4) of section 366.94,
358 Florida Statutes, are renumbered as subsections (4) and (5),
359 respectively, a new subsection (3) is added to that section, and
360 subsection (2) of that section is amended, to read:
361 366.94 Electric vehicle charging.—
362 (2)(a) As used in this section, the term "electric vehicle
363 charging station" means the area in the immediate vicinity of
364 electric vehicle supply equipment and includes the electric
365 vehicle supply equipment, supporting equipment, and associated
366 parking spaces. The regulation of electric vehicle charging
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367 stations is preempted to the state.
368 (b)(a) A local governmental entity may not enact or
369 enforce an ordinance or regulation related to electric vehicle
370 charging stations.
371 (3)(a)(b) The Department of Agriculture and Consumer
372 Services shall adopt rules to implement this subsection and to
373 provide requirements for electric vehicle charging stations to
374 allow for consistency for consumers and the industry.
375 (b) The department may adopt rules to protect the public
376 health, safety, and welfare and establish standards for the
377 placement, design, installation, maintenance, and operation of
378 electric vehicle charging stations.
379 (c) Local governmental entities shall issue permits for
380 electric vehicle charging stations based solely upon standards
381 established by department rule and other applicable provisions
382 of state law. The department shall prescribe by rule the time
383 period for approving or denying permit applications.
384 (d) Before a charger at an electric vehicle charging
385 station is placed into service for use by the public, the
386 charger must be registered with the department on a form
387 prescribed by department rule.
388 (e) The department shall have the authority to inspect
389 electric vehicle charging stations, conduct investigations, and
390 enforce this subsection and any rules adopted under this
391 subsection. The department may impose one or more of the
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392 following penalties against a person who violates this
393 subsection or any rule adopted under this subsection:
394 1. Issuance of a warning letter.
395 2. Imposition of an administrative fine in the Class II
396 category pursuant to s. 570.971 for each violation.
397 (f) If the department determines that an electric vehicle
398 charging station or any associated equipment presents a threat
399 to the public health, safety, or welfare, the department may
400 issue an immediate final order prohibiting the use of the
401 electric vehicle charging station or any portion thereof.
402 (g) In addition to the remedies provided in this
403 subsection, and notwithstanding the existence of any adequate
404 remedy at law, the department may bring an action to enjoin a
405 violation of this subsection or rules adopted under this
406 subsection in the circuit court of the county in which the
407 violation occurs or is about to occur. Upon demonstration of
408 competent and substantial evidence by the department to the
409 court of the violation or threatened violation, the court shall
410 immediately issue the temporary or permanent injunction sought
411 by the department. The injunction shall be issued without bond.
412 Section 8. Subsections (10) and (11) of section 388.011,
413 Florida Statutes, are renumbered as subsections (11) and (12),
414 respectively, subsections (2) and (5) of that section are
415 amended, and a new subsection (10) is added to that section, to
416 read:
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417 388.011 Definitions.—As used in this chapter:
418 (2) "Board of commissioners" means the governing body of
419 any mosquito control program district, and may include boards of
420 county commissioners, city councils, municipalities, or other
421 similar governing bodies when context so indicates.
422 (5) "District" means any mosquito control special district
423 established in this state by law for the express purpose of
424 controlling arthropods within boundaries of such said districts.
425 (10) "Program" means any governmental jurisdiction that
426 conducts mosquito control, whether it be a special district,
427 county, or municipality.
428 Section 9. Section 388.021, Florida Statutes, is amended
429 to read:
430 388.021 Creation of mosquito control special districts.—
431 (1) The abatement or suppression of arthropods, whether
432 disease-bearing or merely pestiferous, within any or all
433 counties of this state is advisable and necessary for the
434 maintenance and betterment of the comfort, health, and welfare
435 of the people thereof and is found and declared to be for public
436 purposes. Areas where arthropods incubate, hatch, or occur in
437 significant numbers so as to constitute a public health,
438 welfare, or nuisance problem may be controlled or abated as
439 provided in this chapter or the rules adopted under this chapter
440 promulgated hereunder. Therefore, any municipality city, town,
441 or county, or any portion or portions thereof, whether such
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442 portion or portions include incorporated territory or portions
443 of two or more counties in the state, may be created into a
444 special taxing district for the control of arthropods under the
445 provisions of this chapter.
446 (2) It is the legislative intent that those mosquito
447 control districts established prior to July 1, 1980, pursuant to
448 the petition process contained in former s. 388.031, may
449 continue to operate as outlined in this chapter. However, on and
450 after that date, no mosquito control districts may be created
451 except pursuant to s. 125.01.
452 Section 10. Section 388.181, Florida Statutes, is amended
453 to read:
454 388.181 Power to do all things necessary.—The respective
455 programs districts of the state are hereby fully authorized to
456 do and perform all things necessary to carry out the intent and
457 purposes of this law.
458 Section 11. Subsections (1), (2), (4), and (5) of section
459 388.201, Florida Statutes, are amended to read:
460 388.201 Program District budgets; hearing.—
461 (1) The fiscal year of programs districts operating under
462 the provisions of this chapter shall be the 12-month period
463 extending from October 1 of one year through September 30 of the
464 following year. The governing board of the programs district
465 shall before July 15 of each year complete the preparation of a
466 tentative detailed work plan budget covering its proposed
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467 operations and requirements for arthropod control measures
468 during the ensuing fiscal year and, for the purpose of
469 determining eligibility for state aid, shall submit copies as
470 may be required to the department for review and approval. The
471 tentative detailed work plan budget must shall set forth,
472 classified by account number, title and program items, and by
473 fund from which to be paid, the proposed expenditures of the
474 program district for construction, for acquisition of land, and
475 other purposes, for the operation and maintenance of the
476 program's district's works, the conduct of the program district
477 generally, to which may be added an amount to be held as a
478 reserve.
479 (2) The tentative detailed work plan budget must shall
480 also show the estimated amount which will appear at the
481 beginning of the fiscal year as obligated upon commitments made
482 but uncompleted,. There shall be shown the estimated unobligated
483 or net balance which will be on hand at the beginning of the
484 fiscal year, and the estimated amount to be raised by county,
485 municipality, or district taxes and from any and all other
486 sources for meeting the program's the district's requirements.
487 (4) The governing board shall:
488 (a) Shall Consider objections filed against adoption of
489 the tentative detailed work plan budget and in its discretion
490 may amend, modify, or change such budget; and
491 (b) Shall By September 30, adopt and execute on a form
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492 furnished by the department a certified budget for the programs
493 district which shall be the operating and fiscal guide for the
494 program district. Certified copies of this budget must shall be
495 submitted by September 30 to the department for approval.
496 (5) County commissioners' mosquito and arthropod control
497 budgets or the budgets of a similar governing body of a county,
498 city, or town must shall be made and adopted as prescribed by
499 subsections (1) and (2); summary figures must shall be
500 incorporated into the county budgets as prescribed by the
501 Department of Financial Services.
502 Section 12. Section 388.241, Florida Statutes, is amended
503 to read:
504 388.241 Board of county commissioners vested with powers
505 and duties of board of commissioners in certain counties.—In
506 those counties or cities where there has been no formation of a
507 separate or special board of commissioners, all the rights,
508 powers, and duties of a board of commissioners as conferred in
509 this chapter shall be vested in the board of county
510 commissioners or similar governing body of such said county or
511 city.
512 Section 13. Subsections (1), (2), and (5) through (8) of
513 section 388.261, Florida Statutes, are amended to read:
514 388.261 State aid to counties, municipalities, and
515 districts for arthropod control; distribution priorities and
516 limitations.—
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517 (1) A county, municipality, or district may, without
518 contributing matching funds, receive state funds, supplies,
519 services, or equipment in an amount of no more than $75,000
520 $50,000 per year for up to 3 years for any new program for the
521 control of mosquitoes and other arthropods which serves an area
522 not previously served by the county, municipality, or district.
523 These funds may be expended for any and all types of control
524 measures approved by the department.
525 (2) Every county, municipality, or district budgeting
526 local funds to be used exclusively for the control of mosquitoes
527 and other arthropods, under a plan submitted by the county,
528 municipality, or district and approved by the department, is
529 eligible to receive state funds and supplies, services, and
530 equipment on a dollar-for-dollar matching basis to the amount of
531 local funds budgeted. If state funds appropriated by the
532 Legislature are insufficient to grant each county, municipality,
533 or district state funds on a dollar-for-dollar matching basis to
534 the amount budgeted in local funds, the department shall
535 distribute the funds as prescribed by rule. Such rules must
536 shall provide for up to 80 percent of the funds to be
537 distributed to programs with local funds for mosquito control
538 budgets of less than $1 million, if the county, municipality, or
539 district meets the eligibility requirements. The funds must
540 shall be distributed as equally as possible within the category
541 of counties pursuant to this section. The remaining funds must
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542 shall be distributed as prescribed by rule among the remaining
543 counties to support mosquito control and to support research,
544 education, and outreach.
545 (5) If more than one program local mosquito control agency
546 exists in a county or municipality, the funds must shall be
547 prorated between the programs agencies based on the population
548 served by each program agency.
549 (6) The Commissioner of Agriculture may exempt counties,
550 municipalities, or districts from the requirements in subsection
551 (1), subsection (2), or subsection (3) when the department
552 determines state funds, supplies, services, or equipment are
553 necessary for the immediate control of mosquitoes and other
554 arthropods that pose a threat to human or animal health.
555 (7) The department may use state funds appropriated for a
556 county, municipality, or district under subsection (1) or
557 subsection (2) to provide state mosquito or other arthropod
558 control equipment, supplies, or services when requested by a
559 county, municipality, or district eligible to receive state
560 funds under s. 388.271.
561 (8) The department is authorized to use up to 5 percent of
562 the funds appropriated annually by the Legislature under this
563 section to provide technical assistance to the counties,
564 municipalities, or districts, or to purchase equipment,
565 supplies, or services necessary to administer the provisions of
566 this chapter.
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567 Section 14. Subsections (1) and (2) of section 388.271,
568 Florida Statutes, are amended to read:
569 388.271 Prerequisites to participation.—
570 (1) When state funds are involved, it is the duty of the
571 department to guide, review, approve, and coordinate the
572 activities of all county and municipal governments and special
573 districts receiving state funds in furtherance of the goal of
574 integrated arthropod control. Each program county eligible to
575 participate may, and each district must, begin participation on
576 October 1 of any year by filing with the department not later
577 than July 15 a tentative integrated arthropod management plan
578 work plan and tentative detailed work plan budget providing for
579 the control of arthropods. Following approval of the plan and
580 budget by the department, a copy two copies of the program's
581 county's or district's certified budget based on the approved
582 integrated arthropod management work plan and detailed work plan
583 budget must shall be submitted to the department by September 30
584 following. State funds, supplies, and services must shall be
585 made available to such program county or district by and through
586 the department immediately upon release of funds by the
587 Executive Office of the Governor.
588 (2) All purchases of supplies, materials, and equipment by
589 programs must counties or districts shall be made in accordance
590 with the laws governing purchases by boards of county
591 commissioners or similar governing bodies, except that programs
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592 districts with special laws relative to competitive bidding
593 shall make purchases in accordance therewith.
594 Section 15. Subsections (1) and (3) of section 388.281,
595 Florida Statutes, are amended to read:
596 388.281 Use of state matching funds.—
597 (1) All funds, supplies, and services released to programs
598 under this chapter must counties and districts hereunder shall
599 be used in accordance with the integrated arthropod management
600 detailed work plan and certified budget approved by both the
601 department and the board of commissioners or an appropriate
602 representative county or district. The integrated arthropod
603 management plan and budget may be amended at any time upon prior
604 approval of the department.
605 (3) In any program county or district where the arthropod
606 problem has been eliminated, or reduced to such an extent that
607 it does not constitute a health, comfort, or economic problem as
608 determined by the department, the maximum amount of state funds
609 available under this chapter shall be reduced to the amount
610 necessary to meet actual need.
611 Section 16. Subsections (1) and (2) of section 388.291,
612 Florida Statutes, are amended to read:
613 388.291 Source reduction measures; supervision by
614 department.—
615 (1) Any program county or district may perform source
616 reduction measures in conformity with good engineering practices
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617 in any area, provided that the department cooperating with the
618 county, municipality, or district has approved the operating or
619 construction plan as outlined in the integrated arthropod
620 management plan and that it has been determined by criteria
621 contained in rule that the area or areas to be controlled would
622 produce arthropods in significant numbers to constitute a health
623 or nuisance problem.
624 (2) The program county or district shall manage the
625 detailed business affairs and supervise the said work, and the
626 department shall advise the programs districts as to the best
627 and most effective measures to be used in bringing about better
628 temporary control and the permanent elimination of breeding
629 conditions. The department may at its discretion discontinue any
630 state aid provided under this chapter hereunder in the event it
631 finds the jointly agreed upon program is not being followed or
632 is not efficiently and effectively administered.
633 Section 17. Section 388.301, Florida Statutes, is amended
634 to read:
635 388.301 Payment of state funds; supplies and services.—
636 State funds shall be payable quarterly, in accordance with the
637 rules of the department, upon requisition by the department to
638 the Chief Financial Officer. The department is authorized to
639 furnish insecticides, chemicals, materials, equipment, vehicles,
640 and personnel in lieu of state funds where mass purchasing may
641 save funds for the state, or where it would be more practical
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642 and economical to use equipment, supplies, and services between
643 two or more programs counties or districts.
644 Section 18. Section 388.311, Florida Statutes, is amended
645 to read:
646 388.311 Carry over of state funds and local funds.—State
647 and local funds budgeted for the control of mosquitoes and other
648 arthropods shall be carried over at the end of the program's
649 county or district's fiscal year, and rebudgeted for such
650 control measures the following fiscal year.
651 Section 19. Section 388.321, Florida Statutes, is amended
652 to read:
653 388.321 Equipment to become property of a program the
654 county or district.—All equipment purchased under this chapter
655 with state funds made available directly to a program the county
656 or district shall become the property of the program county or
657 district unless otherwise provided, and may be traded in on
658 other equipment, or sold, when no longer needed by the program
659 county or district.
660 Section 20. Section 388.322, Florida Statutes, is amended
661 to read:
662 388.322 Record and inventory of certain property.—A record
663 and inventory of certain property purchased with state funds for
664 arthropod control use owned by the program must district shall
665 be maintained in accordance with s. 274.02.
666 Section 21. Section 388.323, Florida Statutes, is amended
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667 to read:
668 388.323 Disposal of surplus property.—Surplus property
669 shall be disposed of according to the provisions set forth in s.
670 274.05 with the following exceptions:
671 (1) Serviceable equipment purchased using state funds for
672 arthropod control use no longer needed by a program must county
673 or district shall first be offered to any or all other programs
674 counties or districts engaged in arthropod control at a price
675 established by the board of commissioners owning the equipment.
676 (2) The alternative procedure for disposal of surplus
677 property, as prescribed in s. 274.06, must shall be followed if
678 it is determined that no other program county or district
679 engaged in arthropod control has need for the equipment.
680 (3) All proceeds from the sale of any real or tangible
681 personal property owned by the program and purchased using state
682 funds county or district shall be deposited in the program's
683 county's or district's state fund account unless otherwise
684 specifically designated by the department.
685 Section 22. Section 388.341, Florida Statutes, is amended
686 to read:
687 388.341 Reports of expenditures and accomplishments.—Each
688 program receiving state aid county and district participating
689 under the provisions of this chapter shall within 30 days after
690 the end of each month submit to the department a monthly report
691 for the preceding month of expenditures from all funds for
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692 arthropod control, and each program participating under this
693 chapter shall provide such reports of activities and
694 accomplishments as may be required by the department.
695 Section 23. Section 388.351, Florida Statutes, is amended
696 to read:
697 388.351 Transfer of equipment, personnel, and supplies
698 during an emergency.—The department, upon notifying a program
699 county or district and obtaining its approval, is authorized to
700 transfer equipment, materials, and personnel from one program
701 district to another in the event of an emergency brought about
702 by an arthropod-borne epidemic or other disaster requiring
703 emergency control.
704 Section 24. Subsection (7) of section 388.361, Florida
705 Statutes, is amended to read:
706 388.361 Department authority and rules; administration.—
707 (7) The department shall have the authority to collect,
708 detect, suppress, and control mosquitoes and other arthropods
709 that are determined by the State Health Officer to pose a threat
710 to public health, or determined by the Commissioner of
711 Agriculture to pose a threat to animal health, wherever they may
712 occur on public or private land in this state, and to do all
713 things necessary in the exercise of such authority. Before Prior
714 to the start of treatments for the control of mosquitoes or
715 other arthropods, the department shall consult with the mosquito
716 control programs districts in the proposed treatment areas, the
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717 Department of Health, the Department of Environmental
718 Protection, and the Fish and Wildlife Conservation Commission
719 regarding the proposed locations, dates, and methods to be used.
720 Section 25. Subsections (2) and (3) of section 388.3711,
721 Florida Statutes, are amended to read:
722 388.3711 Enforcement.—
723 (2) The department may issue a written warning, impose a
724 fine; deny, suspend, or revoke any license or certification, or
725 the disbursal of state aid; or deny participation, in accordance
726 with the provisions of chapter 120, upon any one or more of the
727 following grounds as may be applicable:
728 (a) Violation of any rule of the department or provision
729 of this chapter.
730 (b) Violation of FIFRA or any relevant EPA rule or
731 regulation pertaining to the use of arthropod control pesticides
732 by the licensee.
733 (c) Failure to give the department, or any authorized
734 representative thereof, true information upon request regarding
735 methods and materials used, work performed, or other information
736 essential to the administration of this chapter.
737 (3) The department may, if it finds a violation is of such
738 nature or circumstances that imposition of a fine, or denial,
739 revocation, or suspension of a certification or license or
740 disbursal of state aid would be detrimental to the public or be
741 unnecessarily harsh under the circumstances, in its discretion,
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742 place the offending party on probation for a period of not more
743 than 2 years. If the department determines that the terms of
744 such probation have been violated, it may reinstitute license or
745 certification or state aid denial, suspension, or revocation
746 proceedings.
747 Section 26. Section 388.381, Florida Statutes, is amended
748 to read:
749 388.381 Cooperation by programs counties and district.—Any
750 program conducting county or district carrying on an arthropod
751 control program may cooperate with another county, district, or
752 municipality in carrying out work a program for the control of
753 mosquitoes and other arthropods, by agreement as to the program
754 and reimbursement thereof, when approved by the department.
755 Section 27. Section 388.391, Florida Statutes, is amended
756 to read:
757 388.391 Control measures in municipalities and portions of
758 counties located outside boundaries of programs districts.—Any
759 program district whose operation is limited to a portion of the
760 county in which it is located may perform any control measures
761 authorized by this chapter in any municipality located in the
762 same county or in any portions of the same county, where there
763 is no established program district, when requested to do so by
764 the municipality or county, pursuant to s. 388.381.
765 Section 28. Section 388.401, Florida Statutes, is amended
766 to read:
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767 388.401 Penalty for damage to property or operations.—
768 Whoever shall willfully damages damage any of the property of
769 any program county or district created under this or other
770 chapters, or any works constructed, maintained, or controlled by
771 such program county or district, or who obstructs shall obstruct
772 or causes cause to be obstructed any of the operations of such
773 program county or district, or who shall knowingly or willfully
774 violates violate any provisions of this chapter or any rule or
775 regulation adopted promulgated by any board of commissioners of
776 any program, commits county or district shall be guilty of a
777 misdemeanor of the second degree, punishable as provided in s.
778 775.082 or s. 775.083.
779 Section 29. Paragraph (a) of subsection (2) of section
780 388.46, Florida Statutes, is amended to read:
781 388.46 Florida Coordinating Council on Mosquito Control;
782 establishment; membership; organization; responsibilities.—
783 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
784 (a) Membership.—The Florida Coordinating Council on
785 Mosquito Control shall be composed comprised of the following
786 representatives or their authorized designees:
787 1. The Secretary of Environmental Protection.
788 2. The State Surgeon General.
789 3. The executive director of the Fish and Wildlife
790 Conservation Commission.
791 4. The state epidemiologist.
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792 5. The Commissioner of Agriculture.
793 6. The Board of Trustees of the Internal Improvement Trust
794 Fund.
795 7. Representatives from:
796 a. The University of Florida, Institute of Food and
797 Agricultural Sciences, Florida Medical Entomological Research
798 Laboratory.
799 b. The United States Environmental Protection Agency.
800 c. The United States Department of Agriculture, Center of
801 Medical, Agricultural, and Veterinary Entomology Insects
802 Affecting Man Laboratory.
803 d. The United States Fish and Wildlife Service.
804 8. Four Two mosquito control directors to be nominated by
805 the Florida Mosquito Control Association, two representatives of
806 Florida environmental groups, and two private citizens who are
807 property owners whose lands are regularly subject to mosquito
808 control operations, to be appointed to 4-year terms by the
809 Commissioner of Agriculture and serve until his or her successor
810 is appointed.
811 Section 30. Paragraph (d) of subsection (7) of section
812 403.067, Florida Statutes, is amended to read:
813 403.067 Establishment and implementation of total maximum
814 daily loads.—
815 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
816 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
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817 (d) Enforcement and verification of basin management
818 action plans and management strategies.—
819 1. Basin management action plans are enforceable pursuant
820 to this section and ss. 403.121, 403.141, and 403.161.
821 Management strategies, including best management practices and
822 water quality monitoring, are enforceable under this chapter.
823 2. No later than January 1, 2017:
824 a. The department, in consultation with the water
825 management districts and the Department of Agriculture and
826 Consumer Services, shall initiate rulemaking to adopt procedures
827 to verify implementation of water quality monitoring required in
828 lieu of implementation of best management practices or other
829 measures pursuant to sub-subparagraph (b)2.g.;
830 b. The department, in consultation with the water
831 management districts and the Department of Agriculture and
832 Consumer Services, shall initiate rulemaking to adopt procedures
833 to verify implementation of nonagricultural interim measures,
834 best management practices, or other measures adopted by rule
835 pursuant to subparagraph (c)1.; and
836 c. The Department of Agriculture and Consumer Services, in
837 consultation with the water management districts and the
838 department, shall initiate rulemaking to adopt procedures to
839 verify implementation of agricultural interim measures, best
840 management practices, or other measures adopted by rule pursuant
841 to subparagraph (c)2.
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842
843 The rules required under this subparagraph shall include
844 enforcement procedures applicable to the landowner, discharger,
845 or other responsible person required to implement applicable
846 management strategies, including best management practices or
847 water quality monitoring as a result of noncompliance.
848 3. At least every 2 years, the Department of Agriculture
849 and Consumer Services shall perform onsite inspections of each
850 agricultural producer that enrolls in a best management
851 practice, except those enrolled by rule in subparagraph 4., to
852 ensure that such practice is being properly implemented. Such
853 verification must include a collection and review of the best
854 management practice documentation from the previous 2 years
855 required by rules adopted pursuant to subparagraph (c)2.,
856 including, but not limited to, nitrogen and phosphorus
857 fertilizer application records, which must be collected and
858 retained pursuant to subparagraphs (c)3., 4., and 6. The
859 Department of Agriculture and Consumer Services shall initially
860 prioritize the inspection of agricultural producers located in
861 the basin management action plans for Lake Okeechobee, the
862 Indian River Lagoon, the Caloosahatchee River and Estuary, and
863 Silver Springs.
864 4. The Department of Agriculture and Consumer Services is
865 authorized to adopt rules establishing an enrollment in best
866 management practices by rule process that agricultural pollutant
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867 sources and agricultural producers may use in lieu of the best
868 management practices adopted in paragraph (c) and identify best
869 management practices for landowners of parcels which meet all of
870 the following requirements:
871 a. A parcel not more than 25 acres in size.
872 b. A parcel designated as agricultural land use by the
873 county in which it is located or the parcel is granted
874 agricultural tax classification by the county property appraiser
875 of the county in which it is located.
876 c. A parcel with water use not exceeding 100,000 gallons
877 per day on average unless the entire use is met using recycled
878 water from wet detention treatment ponds or reuse water.
879 d. A parcel where the agricultural activity on the parcel
880 is not a vegetable crop, an agronomic crop, a nursery, or a
881 dairy operation.
882 e. A parcel not abutting an impaired water body identified
883 in subsection (4).
884 f. A parcel not part of a larger operation that is
885 enrolled in the Department of Agriculture and Consumer Services
886 best management practices or conducting water quality monitoring
887 prescribed by the department or a water management district.
888
889 Such requirements must specify design or performance criteria
890 that, if applied, would result in compliance with appropriate
891 water quality standards. The Department of Agriculture and
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892 Consumer Services is authorized to adopt additional eligibility
893 criteria for landowners or producers to use enrollment by rule
894 and to revoke enrollment by rule.
895 5. The Department of Agriculture and Consumer Services
896 shall annually perform onsite inspections of 20 percent for all
897 enrollments that meet the qualifications pursuant to
898 subparagraph 4. by rule within basin management action plan
899 areas, to ensure that practices are being properly implemented.
900 Such inspections must include a collection and review of the
901 identified best management practice documentation from the
902 previous 2 years required by rules adopted pursuant to
903 subparagraph (c)2. All agricultural producers enrolled by rule
904 in a best management practice must annually submit nutrient
905 records, including nitrogen and phosphorus application records
906 for the previous calendar year, to the Department of Agriculture
907 and Consumer Services as required by rules adopted pursuant to
908 subparagraph (c)2. The Department of Agriculture and Consumer
909 Services shall collect and retain these nutrient records
910 pursuant to subparagraphs (c)3., 4., and 6.
911 Section 31. Subsection (19) is added to section 403.852,
912 Florida Statutes, to read:
913 403.852 Definitions; ss. 403.850-403.864.—As used in ss.
914 403.850-403.864:
915 (19) "Water quality additive" means any chemical or
916 additive which is used in a public water system for the purpose
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917 of removing contaminants or increasing water quality. The term
918 does not include additives used for health-related purposes.
919 Section 32. Subsection (8) is added to section 403.859,
920 Florida Statutes, to read:
921 403.859 Prohibited acts.—The following acts and the
922 causing thereof are prohibited and are violations of this act:
923 (8) The use of any additive in a public water system which
924 does not meet the definition of a water quality additive as
925 defined in s. 403.852(19), or the use of any additive included
926 primarily for health-related purposes.
927 Section 33. Subsection (10) of section 482.111, Florida
928 Statutes, is amended to read:
929 482.111 Pest control operator's certificate.—
930 (10) In order to renew a certificate, the
931 certificateholder must complete 2 hours of approved continuing
932 education on legislation, safety, pesticide labeling, and
933 integrated pest management and 2 hours of approved continuing
934 education in each category of her or his certificate or must
935 pass an examination that the department shall provide in person
936 and remotely through a third-party vendor. The third-party
937 vendor may collect and retain a convenience fee given by the
938 department. The department may not renew a certificate if the
939 continuing education or examination requirement is not met.
940 (a) Courses or programs, to be considered for credit, must
941 include one or more of the following topics:
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942 1. The law and rules of this state pertaining to pest
943 control.
944 2. Precautions necessary to safeguard life, health, and
945 property in the conducting of pest control and the application
946 of pesticides.
947 3. Pests, their habits, recognition of the damage they
948 cause, and identification of them by accepted common name.
949 4. Current accepted industry practices in the conducting
950 of fumigation, termites and other wood-destroying organisms pest
951 control, lawn and ornamental pest control, and household pest
952 control.
953 5. How to read labels, a review of current state and
954 federal laws on labeling, and a review of changes in or
955 additions to labels used in pest control.
956 6. Integrated pest management.
957 (b) The certificateholder must submit with her or his
958 application for renewal a statement certifying that she or he
959 has completed the required number of hours of continuing
960 education. The statement must be on a form prescribed by the
961 department and must identify at least the date, location,
962 provider, and subject of the training and must provide such
963 other information as required by the department.
964 (c) The department shall charge the same fee for
965 examination as provided in s. 482.141(2).
966 Section 34. Subsection (1) of section 482.141, Florida
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967 Statutes, is amended to read:
968 482.141 Examinations.—
969 (1) Each individual seeking certification must
970 satisfactorily pass an examination which must be written but
971 which may include practical demonstration. The department shall
972 provide in-person and remote testing through a third-party
973 vendor. A third-party vendor may collect and retain a
974 convenience fee hold at least two examinations each year. An
975 applicant may seek certification in one or more categories.
976 Section 35. Paragraph (b) of subsection (1) of section
977 482.155, Florida Statutes, is amended to read:
978 482.155 Limited certification for governmental pesticide
979 applicators or private applicators.—
980 (1)
981 (b) A person seeking limited certification under this
982 subsection must pass an examination that the department shall
983 provide in person and remotely through a third-party vendor. The
984 third-party vendor may collect and retain a convenience fee
985 given or approved by the department. Each application for
986 examination must be accompanied by an examination fee set by the
987 department, in an amount of not more than $150 or less than $50;
988 and a recertification fee of $25 every 4 years. Until rules
989 setting these fees are adopted by the department, the
990 examination fee is $50. Application for recertification must be
991 accompanied by proof of having completed 4 classroom hours of
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992 acceptable continuing education. The limited certificate expires
993 4 years after the date of issuance. If the certificateholder
994 fails to renew his or her certificate and provide proof of
995 completion of the required continuing education units within 60
996 days after the expiration date, the certificateholder may be
997 recertified only after reexamination. The department shall make
998 available provide the appropriate reference material and make
999 the examination readily accessible and available to all
1000 applicants at least quarterly or as necessary in each county.
1001 Section 36. Subsection (2) of section 482.156, Florida
1002 Statutes, is amended to read:
1003 482.156 Limited certification for commercial landscape
1004 maintenance personnel.—
1005 (2)(a) A person seeking limited certification under this
1006 section must pass an examination that the department shall
1007 provide in person and remotely through a third-party vendor. The
1008 third-party vendor may collect and retain a convenience fee
1009 given by the department. Each application for examination must
1010 be accompanied by an examination fee set by rule of the
1011 department, in an amount of not more than $150 or less than $50.
1012 Before the department issues a limited certification under this
1013 section, each person applying for the certification must furnish
1014 proof of having a certificate of insurance which states that the
1015 employer meets the requirements for minimum financial
1016 responsibility for bodily injury and property damage required by
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Amendment No. 1
1017 s. 482.071(4).
1018 (b) The department shall make available provide the
1019 appropriate reference materials for the examination and provide
1020 in-person and remote testing through a third-party vendor. A
1021 third-party vendor may collect and retain a convenience fee make
1022 the examination readily accessible and available to applicants
1023 at least quarterly or as necessary in each county.
1024 Section 37. Subsection (2) of section 482.157, Florida
1025 Statutes, is amended to read:
1026 482.157 Limited certification for commercial wildlife
1027 management personnel.—
1028 (2) The department shall issue a limited certificate to an
1029 applicant who:
1030 (a) Submits an application and examination fee of at least
1031 $150, but not more than $300, as prescribed by the department by
1032 rule;
1033 (b) Passes an examination that the department shall
1034 provide in person and remotely through a third-party vendor. The
1035 third-party vendor may collect and retain a convenience fee
1036 administered by the department. The department shall make
1037 available provide the appropriate study materials for the
1038 examination and make the examination readily available to
1039 applicants in each county as necessary, but not less frequently
1040 than quarterly; and
1041 (c) Provides proof, including a certificate of insurance,
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1042 that the applicant has met the minimum bodily injury and
1043 property damage insurance requirements in s. 482.071(4).
1044 Section 38. Paragraph (m) is added to subsection (1) of
1045 section 482.161, Florida Statutes, to read:
1046 482.161 Disciplinary grounds and actions; reinstatement.—
1047 (1) The department may issue a written warning to or
1048 impose a fine against, or deny the application for licensure or
1049 licensure renewal of, a licensee, certified operator, limited
1050 certificateholder, identification cardholder, or special
1051 identification cardholder or any other person, or may suspend,
1052 revoke, or deny the issuance or renewal of any license,
1053 certificate, limited certificate, identification card, or
1054 special identification card that is within the scope of this
1055 chapter, in accordance with chapter 120, upon any of the
1056 following grounds:
1057 (m) Upon the issuance of a final order imposing civil
1058 penalties under subsection 14(a) of the Federal Insecticide,
1059 Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction
1060 under subsection 14(b), of FIFRA.
1061 Section 39. Subsection (2) of section 487.044, Florida
1062 Statutes, is amended to read:
1063 487.044 Certification; examination.—
1064 (2) The department shall require each applicant for a
1065 certified applicator's license to demonstrate competence by a
1066 written or oral examination in which the applicant must
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Amendment No. 1
1067 demonstrate adequate knowledge concerning the proper use and
1068 application of restricted-use pesticides in each classification
1069 for which application for license is made. The department shall
1070 provide in-person and remote testing through a third-party
1071 vendor. A third-party vendor may collect and retain a
1072 convenience fee. The examination may be prepared, administered,
1073 and evaluated by the department. Each applicant for a certified
1074 applicator's license must shall demonstrate minimum competence
1075 as to:
1076 (a) The proper use of the equipment.
1077 (b) The environmental hazards that may be involved in
1078 applying restricted-use pesticides.
1079 (c) Calculating the concentration of restricted-use
1080 pesticides to be used in particular circumstances.
1081 (d) Identification of common pests to be controlled and
1082 the damages caused by such pests.
1083 (e) Protective clothing and respiratory equipment required
1084 during the handling and application of restricted-use
1085 pesticides.
1086 (f) General precautions to be followed in the disposal of
1087 containers, as well as the cleaning and decontamination of the
1088 equipment which the applicant proposes to use.
1089 (g) Applicable state and federal pesticide laws, rules,
1090 and regulations.
1091 (h) General safety precautions.
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Amendment No. 1
1092 Section 40. Subsection (6) is added to section 487.175,
1093 Florida Statutes, to read:
1094 487.175 Penalties; administrative fine; injunction.—
1095 (6) Licensure may be suspended, revoked, or denied by the
1096 department, upon the issuance of a final order to a licensee
1097 imposing civil penalties under subsection 14(a) of the Federal
1098 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a
1099 criminal conviction under subsection 14(b) of FIFRA.
1100 Section 41. Subsections (13) through (28) of section
1101 496.404, Florida Statutes, are renumbered as subsections (15)
1102 through (30), respectively, and new subsections (13) and (14)
1103 are added to that section, to read:
1104 496.404 Definitions.—As used in ss. 496.401-496.424, the
1105 term:
1106 (13) "Foreign country of concern" has the same meaning as
1107 s. 286.101(1)(b).
1108 (14) "Foreign source of concern" means any of the
1109 following:
1110 (a) The government or any official of the government of a
1111 foreign country of concern;
1112 (b) A political party or member of a political party or
1113 any subdivision of a political party in a foreign country of
1114 concern;
1115 (c) A partnership, an association, a corporation, an
1116 organization, or other combination of persons organized under
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1117 the laws of or having its principal place of business in a
1118 foreign country of concern, or a subsidiary of such entity;
1119 (d) Any person who is domiciled in a foreign country of
1120 concern and is not a citizen or lawful permanent citizen of the
1121 United States;
1122 (e) An agent, including a subsidiary or an affiliate of a
1123 foreign legal entity, acting on behalf of a foreign source of
1124 concern; or
1125 (f) An entity in which a person, entity, or collection of
1126 persons or entities described in paragraphs (a)–(e) has a
1127 controlling interest. As used in this paragraph, the term
1128 "controlling interest" means the possession of the power to
1129 direct or cause the direction of the management or policies of
1130 an entity, whether through ownership of securities, by contract,
1131 or otherwise. A person or an entity that directly or indirectly
1132 has the right to vote 25 percent or more of the voting interest
1133 of the company or is entitled to 25 percent or more of its
1134 profits is presumed to possess a controlling interest.
1135 Section 42. Paragraphs (d) through (g) of subsection (2)
1136 of section 496.405, Florida Statutes, are redesignated as
1137 paragraphs (f) through (i), respectively, new paragraphs (d) and
1138 (e) are added to that subsection, subsection (1) and paragraph
1139 (b) of subsection (7) are amended, and subsection (11) is added
1140 to that section, to read:
1141 496.405 Registration statements by charitable
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Amendment No. 1
1142 organizations and sponsors.—
1143 (1) A charitable organization or sponsor, unless exempted
1144 pursuant to s. 496.406, which intends to solicit contributions
1145 in or from this state by any means or have funds solicited on
1146 its behalf by any other person, charitable organization,
1147 sponsor, commercial co-venturer, or professional solicitor, or
1148 that participates in a charitable sales promotion or sponsor
1149 sales promotion, must, before engaging in any of these
1150 activities, file an initial registration statement, which
1151 includes an attestation statement, and a renewal statement
1152 annually thereafter, with the department.
1153 (a) Except as provided in paragraph (b), any changes in
1154 the information submitted on the initial registration statement
1155 or the last renewal statement must be updated annually on a
1156 renewal statement provided by the department on or before the
1157 date that marks 1 year after the date the department approved
1158 the initial registration statement as provided in this section.
1159 The department shall annually provide a renewal statement to
1160 each registrant by mail or by electronic mail at least 30 days
1161 before the renewal date.
1162 (b) Any changes to the information submitted to the
1163 department pursuant to paragraph (2)(f) (2)(d) on the initial
1164 registration statement, which includes an attestation statement,
1165 or the last renewal statement must be reported to the department
1166 on a form prescribed by the department within 10 days after the
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Amendment No. 1
1167 change occurs.
1168 (c) A charitable organization or sponsor that is required
1169 to file an initial registration statement or annual renewal
1170 statement may not, before approval of its statement by the
1171 department in accordance with subsection (7), solicit
1172 contributions or have contributions solicited on its behalf by
1173 any other person, charitable organization, sponsor, commercial
1174 co-venturer, or professional solicitor or participate in a
1175 charitable sales promotion or sponsor sales promotion.
1176 (d) The registration of a charitable organization or
1177 sponsor may not continue in effect and shall expire without
1178 further action of the department under either of the following
1179 circumstances:
1180 1. After the date the charitable organization or sponsor
1181 should have filed, but failed to file, its renewal statement in
1182 accordance with this section.
1183 2. For failure to provide a financial statement within any
1184 extension period provided under s. 496.407.
1185 (2) The initial registration statement must be submitted
1186 on a form prescribed by the department, signed by an authorized
1187 official of the charitable organization or sponsor who shall
1188 certify that the registration statement is true and correct, and
1189 include the following information or material:
1190 (d) An attestation statement, which must be submitted on a
1191 form prescribed by the department and signed by an authorized
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Amendment No. 1
1192 official of the charitable organization, who shall certify and
1193 attest that the charitable organization, if engaged in
1194 activities that would require registration pursuant to chapter
1195 106 is registered with the Department of State, pursuant to
1196 chapter 106.
1197 (e) An attestation statement on a form prescribed by the
1198 department, signed by an authorized official of the charitable
1199 organization, who shall certify and attest that the charitable
1200 organization, if prohibited by applicable federal or state law,
1201 is not engaged in activities that would require registration
1202 with the Department of State pursuant to chapter 106.
1203 (7)
1204 (b) If a charitable organization or sponsor discloses
1205 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7.
1206 in the initial registration statement or annual renewal
1207 statement, the time limits set forth in paragraph (a) are
1208 waived, and the department shall process such initial
1209 registration statement or annual renewal statement in accordance
1210 with the time limits set forth in chapter 120. The registration
1211 of a charitable organization or sponsor shall be automatically
1212 suspended for failure to disclose any information specified in
1213 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the
1214 required information is submitted to the department.
1215 (11) The department may investigate and refer a charitable
1216 organization or sponsor to the Florida Elections Commission for
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1217 investigation of violations pursuant to chapters 104 and 106.
1218 Section 43. Subsection (20) is added to section 496.415,
1219 Florida Statutes, to read:
1220 496.415 Prohibited acts.—It is unlawful for any person in
1221 connection with the planning, conduct, or execution of any
1222 solicitation or charitable or sponsor sales promotion to:
1223 (20) Solicit or accept contributions or anything of value
1224 from a foreign source of concern.
1225 Section 44. Section 496.417, Florida Statutes, is amended
1226 to read:
1227 496.417 Criminal penalties.—Except as otherwise provided
1228 in ss. 496.401-496.424, and in addition to any administrative or
1229 civil penalties, any person who willfully and knowingly violates
1230 ss. 496.401-496.424 commits a felony of the third degree,
1231 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1232 For a second or subsequent conviction, such violation
1233 constitutes a felony of the second degree, punishable as
1234 provided in s. 775.082, s. 775.083, or s. 775.084. The
1235 department may also investigate and refer a charitable
1236 organization or sponsor to the Florida Elections Commission for
1237 investigation of violations pursuant to chapters 104 and 106.
1238 Section 45. Subsection (11) is added to section 496.419,
1239 Florida Statutes, to read:
1240 496.419 Powers of the department.—
1241 (11) A charitable organization or sponsor whose
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1242 registration is denied or revoked for submitting a false
1243 attestation required pursuant to s. 496.405(2)(d) or (2)(e) is
1244 subject to the penalties specified in subsection (5) at the
1245 discretion of the department.
1246 Section 46. Section 496.431, Florida Statutes, is created
1247 to read:
1248 496.431 Honest Service Registry.—
1249 (1) The department shall create the Honest Services
1250 Registry to provide the residents of this state with the
1251 information necessary to make an informed choice when deciding
1252 which charitable organizations to support.
1253 (2) To be included on the Honest Services Registry, a
1254 charitable organization must, at a minimum, submit to the
1255 department an attestation statement on a form prescribed by the
1256 department, verified as provided in s. 92.525, attesting to all
1257 of the following:
1258 (a) That the organization does not solicit or accept,
1259 directly or indirectly, contributions, funding, support, or
1260 services from a foreign source of concern.
1261 (b) That the organization's messaging and content are not
1262 directly or indirectly produced or influenced by a foreign
1263 source of concern.
1264 (3) The department shall publish the Honest Services
1265 Registry on the department's website.
1266 (4) The department shall adopt rules to implement this
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1267 section.
1268 Section 47. Paragraph (j) of subsection (1) of section
1269 500.03, Florida Statutes, is amended to read:
1270 500.03 Definitions; construction; applicability.—
1271 (1) For the purpose of this chapter, the term:
1272 (j) "Cottage food product" means food that is not time or
1273 temperature controlled for safety or a potentially hazardous
1274 food as defined by department rule which is sold by a cottage
1275 food operation in accordance with s. 500.80.
1276 Section 48. Paragraphs (a) and (b) of subsection (1) of
1277 section 500.12, Florida Statutes, are amended to read:
1278 500.12 Food permits; building permits.—
1279 (1)(a) A food permit from the department is required of
1280 any person or business that who operates a food establishment,
1281 except:
1282 1. Persons or businesses operating minor food outlets that
1283 sell food that is commercially prepackaged, not potentially
1284 hazardous, not age restricted, and not time or temperature
1285 controlled for safety, if the shelf space for those items does
1286 not exceed 12 total linear feet and no other food is sold by the
1287 person or business minor food outlet.
1288 2. Persons subject to continuous, onsite federal or state
1289 inspection.
1290 3. Persons selling only legumes in the shell, either
1291 parched, roasted, or boiled.
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1292 4. Persons selling sugar cane or sorghum syrup that has
1293 been boiled and bottled on a premise located within this state.
1294 Such bottles must contain a label listing the producer's name
1295 and street address, all added ingredients, the net weight or
1296 volume of the product, and a statement that reads, "This product
1297 has not been produced in a facility permitted by the Florida
1298 Department of Agriculture and Consumer Services."
1299 (b) Each food establishment regulated under this chapter
1300 must apply for and receive a food permit before operation
1301 begins. An application for a food permit from the department
1302 must be accompanied by a fee in an amount determined by
1303 department rule. The department shall adopt by rule a schedule
1304 of fees to be paid by each food establishment as a condition of
1305 issuance or renewal of a food permit. Such fees may not exceed
1306 $650 and must be used solely for the recovery of costs for the
1307 services provided, except that the fee accompanying an
1308 application for a food permit for operating a bottled water
1309 plant may not exceed $1,000 and the fee accompanying an
1310 application for a food permit for operating a packaged ice plant
1311 may not exceed $250. The fee for operating a bottled water plant
1312 or a packaged ice plant must be set by rule of the department.
1313 Food permits are not transferable from one person or physical
1314 location to another. Food permits must be renewed in accordance
1315 with subparagraphs 1.-3. If an application for renewal of a food
1316 permit is not received by the department on or before its due
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Amendment No. 1
1317 date, a late fee not exceeding $100 must be paid in addition to
1318 the food permit fee before the department may issue the food
1319 permit. The moneys collected must be deposited in the General
1320 Inspection Trust Fund.
1321 1. A food permit issued to a new food establishment on or
1322 after September 1, 2023, is valid for 1 calendar year after the
1323 date of issuance and must be renewed annually on or before that
1324 date thereafter.
1325 2. Effective January 1, 2024, A food permit issued before
1326 September 1, 2023, expires on the month and day the initial
1327 permit was issued to the food establishment and must be renewed
1328 annually on or before that date thereafter. The department may
1329 charge a prorated permit fee for purposes of this subparagraph.
1330 3. The department may establish a single permit renewal
1331 date for multiple food establishments owned by the same entity
1332 The owner of 100 or more permitted food establishment locations
1333 may elect to set the expiration of food permits for such
1334 establishments as December 31 of each calendar year.
1335 Section 49. Section 500.166, Florida Statutes, is amended
1336 to read:
1337 500.166 Records of interstate shipment.—For the purpose of
1338 enforcing this chapter, carriers engaged in interstate commerce
1339 and persons receiving food in interstate commerce shall retain
1340 all records for 3 years from the date of the record showing the
1341 movement in interstate commerce of any food, and the quantity,
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1342 shipper and consignee thereof and, upon the request by an
1343 officer or employee duly designated by the department, permit
1344 the officer or employee to have access to and to copy all
1345 records showing the movement in interstate commerce of any food,
1346 and the quantity, shipper, and consignee thereof.
1347 Section 50. Subsection (1) of section 500.172, Florida
1348 Statutes, is amended to read:
1349 500.172 Embargoing, detaining, destroying of food, food
1350 processing equipment, or areas that are in violation.—
1351 (1) When the department, or its duly authorized agent who
1352 has received appropriate education and training regarding the
1353 legal requirements of this chapter, finds or has probable cause
1354 to believe that any food, food processing equipment, food
1355 processing area, or food storage area is in violation of this
1356 chapter or any rule adopted under this chapter so as to be
1357 dangerous, unwholesome, mislabeled, fraudulent, or insanitary
1358 within the meaning of this chapter, an agent of the department
1359 may issue and enforce a stop-sale, stop-use, removal, or hold
1360 order, which order gives notice that such article, processing
1361 equipment, processing area, or storage area is or is suspected
1362 of being in violation and has been detained or embargoed and
1363 which order warns all persons not to remove, use, or dispose of
1364 such article, processing equipment, processing area, or storage
1365 area by sale or otherwise until permission for removal, use, or
1366 disposal is given by the department or the court. The department
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1367 is authorized to enter into a written agreement with the owner
1368 of such food, food processing equipment, food processing area,
1369 or food storage area, or otherwise facilitate the destruction of
1370 any article found or suspected by the department to be in
1371 violation of this section. A person may not remove, use, or
1372 dispose of such detained or embargoed article, processing
1373 equipment, processing area, or storage area by sale or otherwise
1374 without such permission from or in accordance with a written
1375 agreement with the department.
1376 Section 51. Section 500.75, Florida Statutes, is created
1377 to read:
1378 500.75 Mushroom spores and mycelium; offenses.—It is
1379 unlawful to transport, import, sell, offer for sale, furnish, or
1380 give away spores or mycelium capable of producing mushrooms or
1381 other material which will contain a controlled substance,
1382 including psilocybin or psilocyn, during its lifecycle. A person
1383 who transports, imports into this state, sells, offers for sale,
1384 furnishes, gives away, or offers to transport, import into this
1385 state, sell, furnish, or give away any spores or mycelium
1386 capable of producing mushrooms or other material which will
1387 contain a controlled substance commits a misdemeanor of the
1388 first degree, punishable as provided in s. 775.082 or s.
1389 775.083.
1390 Section 52. Section 500.93, Florida Statutes, is created
1391 to read:
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Amendment No. 1
1392 500.93 Mislabeling of plant-based products as milk, meat,
1393 poultry, or eggs.—
1394 (1) As used in this section, the term:
1395 (a) "Egg" and "egg product" have the same meanings as in
1396 21 U.S.C. s. 1033 and the Egg Products Inspection Act.
1397 (b) "FDA" means the United States Food and Drug
1398 Administration.
1399 (c) "Meat" has the same meaning as in 9 C.F.R. s. 301.2
1400 and the Federal Meat Inspection Act.
1401 (d) "Milk" has the same meaning as in 21 C.F.R. s. 131.110
1402 and the Grade "A" pasteurized milk ordinance.
1403 (e) "Poultry" and "poultry product" have the same meanings
1404 as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act.
1405 (2)(a) In accordance with the established standard of
1406 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade
1407 "A" pasteurized milk ordinance, the department shall adopt rules
1408 to enforce the FDA's standard of identity for milk, as adopted
1409 in state law, to prohibit the sale of plant-based products
1410 mislabeled as milk in this state.
1411 (b) This subsection is effective upon the enactment into
1412 law of a mandatory labeling requirement to prohibit the sale of
1413 plant-based products mislabeled as milk that is consistent with
1414 this section by any 11 of the group of 14 states composed of
1415 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1416 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
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Amendment No. 1
1417 Texas, Virginia, and West Virginia.
1418 (3)(a) In accordance with the established standard of
1419 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal
1420 Meat Inspection Act, and both poultry and poultry products
1421 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection
1422 Act, the department shall adopt rules to enforce the FDA's
1423 standard of identity for meat, poultry, and poultry products as
1424 adopted in this section, to prohibit the sale of plant-based
1425 products mislabeled as meat, poultry, or poultry products in
1426 this state.
1427 (b) This subsection is effective upon the enactment into
1428 law of a mandatory labeling requirement to prohibit the sale of
1429 plant-based products mislabeled as meat, poultry, or poultry
1430 products which is consistent with this section by any 11 of the
1431 group of 14 states composed of Alabama, Arkansas, Florida,
1432 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma,
1433 South Carolina, Tennessee, Texas, Virginia, and West Virginia.
1434 (4)(a) In accordance with the established standard of
1435 identity for eggs and egg products defined in 21 U.S.C. s. 1033
1436 and the Egg Products Inspection Act, the department shall adopt
1437 rules to enforce the FDA's standard of identity for eggs and egg
1438 products, as adopted in state law, to prohibit the sale of
1439 plant-based products mislabeled as egg or egg products in this
1440 state.
1441 (b) This subsection is effective upon the enactment into
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1442 law of a mandatory labeling requirement to prohibit the sale of
1443 plant-based products mislabeled as egg or egg products that is
1444 consistent with this section by any 11 of the group of 14 states
1445 composed of Alabama, Arkansas, Florida, Georgia, Kentucky,
1446 Louisiana, Maryland, Mississippi, Oklahoma, South Carolina,
1447 Tennessee, Texas, Virginia, and West Virginia.
1448 (5) The Department of Agriculture and Consumer Services
1449 shall notify the Division of Law Revision upon the enactment
1450 into law by any 11 of the group of 14 states composed of
1451 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1452 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1453 Texas, Virginia, and West Virginia of the mandatory labeling
1454 requirements pursuant to subsections (2) and (3).
1455 (6) The department shall adopt rules to implement this
1456 section.
1457 (7) This section does not limit the department's authority
1458 to enforce its laws and regulations.
1459 Section 53. Section 501.135, Florida Statutes, is
1460 repealed.
1461 Section 54. Subsection (1) of section 501.912, Florida
1462 Statutes, is amended to read:
1463 501.912 Definitions.—As used in ss. 501.91-501.923:
1464 (1) "Antifreeze" means any substance or preparation,
1465 including, but not limited to, coolant, antifreeze-coolant,
1466 antifreeze and summer coolant, or summer coolant, that is sold,
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Amendment No. 1
1467 distributed, or intended for use:
1468 (a) As the cooling liquid, or to be added to the cooling
1469 liquid, in the cooling system of internal combustion engines of
1470 motor vehicles to prevent freezing of the cooling liquid or to
1471 lower its freezing point; or
1472 (b) To raise the boiling point of water, aid in vehicle
1473 component cooling, or for the prevention of engine overheating,
1474 whether or not the liquid is used as a year-round cooling system
1475 fluid.
1476 Section 55. Section 525.19, Florida Statutes, is created
1477 to read:
1478 525.19 Petroleum registration.—
1479 (1) The department shall create an annual petroleum
1480 registration program for petroleum owners or operators and shall
1481 adopt rules detailing the requirements for such registration
1482 that include, at minimum:
1483 (a) Name of the petroleum owner or operator;
1484 (b) Address of the petroleum owner or operator;
1485 (c) Phone number of the petroleum owner or operator;
1486 (d) E-mail address of the petroleum owner or operator;
1487 (e) Requirements for the transfer switch;
1488 (f) Fuel and petroleum infrastructure; and
1489 (g) Fuel and petroleum inventory and delivery information.
1490 (2) The registration program must be free for all
1491 registrants.
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Amendment No. 1
1492 (3) The department has the authority to require
1493 registrants to provide updates related to the status of
1494 infrastructure, inventory, and delivery information during a
1495 state of emergency as declared by an executive order issued by
1496 the Governor.
1497 Section 56. Section 526.147, Florida Statutes, is created
1498 to read:
1499 526.147 Florida Retail Fuel Transfer Switch Modernization
1500 Grant Program.—
1501 (1)(a) There is created, subject to appropriation, the
1502 Florida Retail Fuel Transfer Switch Modernization Grant Program
1503 within the Department of Agriculture and Consumer Services.
1504 (b) The grant program shall provide grant funds, not to
1505 exceed $10,000 per retail fuel facility, to be used for
1506 installation and equipment costs related to installing or
1507 modernizing transfer switch infrastructure at retail fuel
1508 facilities to allow for the continuity of fueling operations
1509 under generated power.
1510 (c) The department shall award funds based upon the
1511 following criteria:
1512 1. Up to $10,000, of costs for transfer switch purchase
1513 and installation for retail fuel locations in fiscally
1514 constrained counties as designated under s. 218.67(1).
1515 2. Up to $5,000, of costs for transfer switch purchase and
1516 installation for all other retail fuel locations.
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Amendment No. 1
1517 (d) Retail fuel facilities which are awarded grant funds
1518 must comply with s. 526.143 and must install a transfer switch
1519 capable of operating all fuel pumps, dispensing equipment, life
1520 safety systems, and payment acceptance equipment using an
1521 alternative generated power source.
1522 (e) Before being awarded funding from the department,
1523 retail fuel facilities must provide documentation on transfer
1524 switch installation and required generator sizing to the
1525 department.
1526 (f) Marinas and fueling facilities with fewer than 4
1527 fueling positions are excluded from being awarded funding
1528 through this program.
1529 (g) Fueling facilities subject to s. 526.143(2) are
1530 excluded from being awarded funding through this program.
1531 (2) The department, in consultation with the Division of
1532 Emergency Management, shall adopt rules to implement and
1533 administer this section, including establishing grant
1534 application processes for the Florida Retail Fuel Transfer
1535 Switch Modernization Grant Program. The rules must include
1536 application deadlines and establish the supporting documentation
1537 necessary to be provided to the department.
1538 Section 57. Section 531.48, Florida Statutes, is amended
1539 to read:
1540 531.48 Declarations of unit price on random packages.—In
1541 addition to the declarations required by s. 531.47, any package
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Amendment No. 1
1542 being one of a lot containing random weights of the same
1543 commodity must and bearing the total selling price of the
1544 package shall bear on the outside of the package a plain and
1545 conspicuous declaration of the price per single unit of weight
1546 and the total retail price of the package, as defined by
1547 department rule.
1548 Section 58. Section 531.49, Florida Statutes, is amended
1549 to read:
1550 531.49 Advertising packages for sale.—Whenever A packaged
1551 commodity is advertised in any manner with the retail price
1552 stated, there shall be closely and conspicuously associated with
1553 the retail price must have a declaration of quantity as is
1554 required by law or rule to appear on the package.
1555 Section 59. Subsection (10) of section 564.06, Florida
1556 Statutes, is amended to read:
1557 564.06 Excise taxes on wines and beverages.—
1558 (10) Fifty percent of all revenues collected from the
1559 excise taxes imposed by this section on wine produced by
1560 manufacturers in this state from products grown in the state
1561 must be deposited into the Florida Wine Viticulture Trust Fund
1562 established pursuant to s. 599.012.
1563 Section 60. Subsections (44), (45), and (46) of section
1564 570.07, Florida Statutes, are renumbered as subsections (47),
1565 (48), and (49), respectively, and new subsections (44), (45),
1566 and (46) are added to that section, to read:
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Amendment No. 1
1567 570.07 Department of Agriculture and Consumer Services;
1568 functions, powers, and duties.—The department shall have and
1569 exercise the following functions, powers, and duties:
1570 (44)(a) To foster and encourage the employment and
1571 retention of qualified veterinary pathologists. The department
1572 may reimburse the educational expenses of qualified veterinary
1573 pathologists who enter into an agreement with the department to
1574 retain employment for a specified period of time.
1575 (b) The department shall adopt rules to administer this
1576 subsection.
1577 (45) Subject to appropriation, to extend state and
1578 national Future Farmers of America opportunities to any public
1579 school student enrolled in agricultural education, at little or
1580 no cost to the student or school district, and to support
1581 statewide Future Farmers of America programming that helps such
1582 students develop their potential for premier leadership,
1583 personal growth, and career success.
1584 (46)(a) Notwithstanding ss. 287.042 and 287.057, to use
1585 contracts procured by another agency.
1586 (b) As used in this subsection, the term "agency" has the
1587 same meaning as provided in s. 287.012.
1588 Section 61. Subsection (2) of section 570.544, Florida
1589 Statutes, is amended to read:
1590 570.544 Division of Consumer Services; director; powers;
1591 processing of complaints; records.—
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Amendment No. 1
1592 (2) The director shall supervise, direct, and coordinate
1593 the activities of the division and shall, under the direction of
1594 the department, enforce the provisions of ss. 366.94 and ss.
1595 604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526,
1596 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849.
1597 Section 62. Section 570.546, Florida Statutes, is created
1598 to read:
1599 570.546 Licensing.—
1600 (1) The department is authorized to:
1601 (a) Create a process for the bulk renewal of licenses
1602 which will allow licensees the ability, upon request, to submit
1603 all license applications of the same type, notwithstanding any
1604 provisions of law applicable to each application process.
1605 (b) Create a process that will allow licensees, upon
1606 request, to align the expiration dates of licenses within a
1607 statutory program.
1608 (c) Change the expiration dates for current licensees for
1609 the purpose of reducing large numbers of license expirations
1610 that occur during the same month.
1611 (2) The department shall prorate any licensing fee for
1612 which the term of the license was reduced for the purposes of
1613 alignment.
1614 (3) The department shall adopt rules to implement this
1615 section.
1616 Section 63. Section 570.694, Florida Statutes, is created
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Amendment No. 1
1617 to read:
1618 570.694 Florida Aquaculture Foundation.—
1619 (1) The Florida Aquaculture Foundation is established as a
1620 direct-support organization within the Department of Agriculture
1621 and Consumer Services. The purpose of the foundation is to:
1622 (a) Conduct programs and activities related to the
1623 assistance, promotion, and furtherance of aquaculture and
1624 aquaculture producers in this state.
1625 (b) Identify and pursue methods to provide statewide
1626 resources and materials for these programs.
1627 (2) The foundation shall be governed by s. 570.691.
1628 (3) The department is authorized to appoint an advisory
1629 committee adjunct to the foundation pursuant to s. 570.232.
1630 Section 64. Section 570.822, Florida Statutes, is amended
1631 to read:
1632 570.822 Agriculture and Aquaculture Producers Emergency
1633 Natural Disaster Recovery Loan Program.—
1634 (1) DEFINITIONS.—As used in this section, the term:
1635 (a) "Bona fide farm operation" means a farm operation
1636 engaged in a good faith commercial agricultural use of land on
1637 land classified as agricultural pursuant to s. 193.461 or on
1638 sovereign submerged land that is leased to the applicant by the
1639 department pursuant to s. 597.010 and that produces agricultural
1640 products within the definition of agriculture under s. 570.02.
1641 (b) "Declared emergency natural disaster" means an
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Amendment No. 1
1642 emergency a natural disaster for which a state of emergency is
1643 declared pursuant to s. 252.36 or s. 570.07(21).
1644 (c) "Department" means the Department of Agriculture and
1645 Consumer Services.
1646 (d) "Essential physical property" means fences; equipment;
1647 structural production facilities, such as shade houses and
1648 greenhouses; or other agriculture or aquaculture facilities or
1649 infrastructure.
1650 (e) "Program" means the Agriculture and Aquaculture
1651 Producers Emergency Natural Disaster Recovery Loan Program.
1652 (2) USE OF LOAN FUNDS; LOAN TERMS.—
1653 (a) The program is established within the department to
1654 make loans to agriculture and aquaculture producers that have
1655 experienced damage or destruction from a declared emergency
1656 natural disaster. Loan funds may be used to restore, repair, or
1657 replace essential physical property or remove vegetative debris
1658 from essential physical property, or restock aquaculture. A
1659 structure or building constructed using loan proceeds must
1660 comply with storm-hardening standards for nonresidential farm
1661 buildings as defined in s. 604.50(2). The department shall adopt
1662 such standards by rule.
1663 (b) The department may make a low-interest or interest-
1664 free loan to an eligible applicant. The maximum amount that an
1665 applicant may receive during the application period for a loan
1666 is $500,000. An applicant may not receive more than one loan per
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1667 application period and no more than two loans per year or no
1668 more than five loans in any 3-year period. A loan term is 10
1669 years.
1670 (3) ELIGIBLE APPLICANTS.—To be eligible for the program,
1671 an applicant must:
1672 (a) Own or lease a bona fide farm operation that is
1673 located in a county named in a declared emergency natural
1674 disaster and that was damaged or destroyed as a result of such
1675 declared emergency natural disaster.
1676 (b) Maintain complete and acceptable farm records,
1677 pursuant to criteria published by the department, and present
1678 them as proof of production levels and bona fide farm
1679 operations.
1680 (4) LOAN APPLICATION AND AGREEMENT.—
1681 (a) Requests for loans must be made by application to the
1682 department. Upon a determination that funding for loans is
1683 available, the department shall publicly notice an application
1684 period for the declared emergency natural disaster, beginning
1685 within 60 days after the date of the declared emergency natural
1686 disaster and running up to 1 year after the date of the declared
1687 emergency natural disaster or until all available loan funds are
1688 exhausted, whichever occurs first. The application may be
1689 renewed upon a determination from the department and pursuant to
1690 an active declared emergency.
1691 (b) An applicant must demonstrate the need for financial
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1692 assistance and an ability to repay or meet a standard credit
1693 rating determined by the department.
1694 (c) Loans must be made pursuant to written agreements
1695 specifying the terms and conditions agreed to by the approved
1696 applicant and the department. The loan agreement must specify
1697 that the loan is due upon sale if the property or other
1698 collateral for the loan is sold.
1699 (d) An approved applicant must agree to stay in production
1700 for the duration of the loan. A loan is not assumable.
1701 (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
1702 by a lien, subordinate only to any mortgage held by a financial
1703 institution as defined in s. 655.005, on property or other
1704 collateral as set forth in the loan agreement. The specific type
1705 of collateral required may vary depending upon the loan purpose,
1706 repayment ability, and the particular circumstances of the
1707 applicant. The department shall record the lien in public
1708 records in the county where the property is located and, in the
1709 case of personal property, perfect the security interest by
1710 filing appropriate Uniform Commercial Code forms with the
1711 Florida Secured Transaction Registry as required pursuant to
1712 chapter 679.
1713 (6) LOAN REPAYMENT.—
1714 (a) A loan is due and payable in accordance with the terms
1715 of the loan agreement.
1716 (b) The department shall defer payments for the first 3
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Amendment No. 1
1717 years of the loan. After 3 years, the department shall reduce
1718 the principal balance annually through the end of the loan term
1719 such that the original principal balance is reduced by 30
1720 percent. If the principal balance is repaid before the end of
1721 the 10th year, the applicant may not be required to pay more
1722 than 70 percent of the original principal balance. The approved
1723 applicant must continue to be actively engaged in production in
1724 order to receive the original principal balance reductions and
1725 must continue to meet the loan agreement terms to the
1726 satisfaction of the department.
1727 (c) An approved applicant may make payments on the loan at
1728 any time without penalty. Early repayment is encouraged as other
1729 funding sources or revenues become available to the approved
1730 applicant.
1731 (d) All repayments of principal and interest, if
1732 applicable, received by the department in a fiscal year must be
1733 returned to the loan fund and made available for loans to other
1734 applicants in the next application period.
1735 (e) The department may periodically review an approved
1736 applicant to determine whether he or she continues to be in
1737 compliance with the terms of the loan agreement. If the
1738 department finds that an applicant is no longer in production or
1739 has otherwise violated the loan agreement, the department may
1740 seek repayment of the full original principal balance
1741 outstanding, including any interest or costs, as applicable, and
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Amendment No. 1
1742 excluding any applied or anticipated original principal balance
1743 reductions.
1744 (f) The department may defer or waive loan payments if at
1745 any time during the repayment period of a loan, the approved
1746 applicant experiences a significant hardship such as crop loss
1747 from a weather-related event or from impacts from a natural
1748 disaster or declared emergency.
1749 (7) ADMINISTRATION.—
1750 (a) The department shall create and maintain a separate
1751 account in the General Inspection Trust Fund as a fund for the
1752 program. All repayments must be returned to the loan fund and
1753 made available as provided in this section. Notwithstanding s.
1754 216.301, funds appropriated for the loan program are not subject
1755 to reversion. The department shall manage the fund, establishing
1756 loan practices that must include, but are not limited to,
1757 procedures for establishing loan interest rates, uses of
1758 funding, application procedures, and application review
1759 procedures. The department is authorized to contract with a
1760 third-party administrator to administer the program and manage
1761 the loan fund. A contract for a third-party administrator that
1762 includes management of the loan fund must, at a minimum, require
1763 maintenance of the loan fund to ensure that the program may
1764 operate in a revolving manner.
1765 (b) The department shall coordinate with other state
1766 agencies and other entities to ensure to the greatest extent
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Amendment No. 1
1767 possible that agriculture and aquaculture producers in this
1768 state have access to the maximum financial assistance available
1769 following a declared emergency natural disaster. The
1770 coordination must endeavor to ensure that there is no
1771 duplication of financial assistance between the loan program and
1772 other funding sources, such as any federal or other state
1773 programs, including public assistance requests to the Federal
1774 Emergency Management Agency or financial assistance from the
1775 United States Department of Agriculture, which could render the
1776 approved applicant ineligible for other financial assistance.
1777 (8) PUBLIC RECORDS EXEMPTION.—
1778 (a) The following information held by the department
1779 pursuant to its administration of the program is exempt from s.
1780 119.07(1) and s. 24(a), Art. I of the State Constitution:
1781 1. Tax returns.
1782 2. Credit history information, credit reports, and credit
1783 scores.
1784 (b) This subsection does not prohibit the disclosure of
1785 information held by the department pursuant to its
1786 administration of the program in an aggregated and anonymized
1787 format.
1788 (c) This subsection is subject to the Open Government
1789 Sunset Review Act in accordance with s. 119.15 and shall stand
1790 repealed on October 2, 2029, unless reviewed and saved from
1791 repeal through reenactment by the Legislature.
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Amendment No. 1
1792 (9) RULES.—The department shall adopt rules to implement
1793 this section.
1794 (10) REPORTS.—By December 1, 2024, and each December 1
1795 thereafter, the department shall provide a report on program
1796 activities during the previous fiscal year to the President of
1797 the Senate and the Speaker of the House of Representatives. The
1798 report must include information on noticed application periods,
1799 the number and value of loans awarded under the program for each
1800 application period, the number and value of loans outstanding,
1801 the number and value of any loan repayments received, and an
1802 anticipated repayment schedule for all loans.
1803 (11) SUNSET.—This section expires July 1, 2043, unless
1804 reviewed and saved from repeal through reenactment by the
1805 Legislature.
1806 Section 65. Section 570.823, Florida Statutes, is created
1807 to read:
1808 570.823 Silviculture emergency recovery program.—
1809 (1) DEFINITIONS.—As used in this section, the term:
1810 (a) "Bona fide farm operation" means a farm operation
1811 engaged in a good faith commercial agricultural use of land on
1812 land classified as agricultural pursuant to s. 193.461 that
1813 produces agricultural products within the definition of
1814 agriculture under s. 570.02.
1815 (b) "Declared emergency" means an emergency for which a
1816 state of emergency is declared pursuant to s. 252.36 or s.
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1817 570.07(21).
1818 (c) "Department" means the Department of Agriculture and
1819 Consumer Services.
1820 (d) "Program" means the silviculture emergency recovery
1821 program.
1822 (2) USE OF GRANT FUNDS; GRANT TERMS.—
1823 (a) The silviculture emergency recovery program is
1824 established within the department to administer a grant program
1825 to assist timber landowners whose timber land was damaged as a
1826 result of a declared emergency. Grants provided to eligible
1827 timber landowners must be used for:
1828 1. Timber stand restoration, including downed tree removal
1829 on land which will retain the existing trees on site which are
1830 lightly or completely undamaged;
1831 2. Site preparation, and tree replanting; or
1832 3. Road and trail clearing on private timber lands to
1833 provide emergency access and facilitate salvage operations.
1834 (b) Only timber land located on lands classified as
1835 agricultural lands under s. 193.461 are eligible for the
1836 program.
1837 (c) The department shall coordinate with state agencies
1838 and other entities to ensure to the greatest extent possible
1839 that timber landowners have access to the maximum financial
1840 assistance available following a specified declared emergency.
1841 The coordination must endeavor to ensure that there is no
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1842 duplication of financial assistance between these funds and
1843 other funding sources, such as any federal or other state
1844 programs, including public assistance requests to the Federal
1845 Emergency Management Agency or financial assistance from the
1846 United States Department of Agriculture, which would render the
1847 approved applicant ineligible for other financial assistance.
1848 (d) The department is authorized to adopt rules to
1849 implement this section, including emergency rules.
1850 Notwithstanding any other provision of law, emergency rules
1851 adopted pursuant to this subsection are effective for 6 months
1852 after adoption and may be renewed during the pendency of
1853 procedures to adopt permanent rules addressing the subject of
1854 the emergency rules.
1855 Section 66. Subsections (6) and (7) of section 581.1843,
1856 Florida Statutes, are renumbered as subsections (5) and (6),
1857 respectively, and subsection (2) and present subsection (5) of
1858 that section are amended, to read:
1859 581.1843 Citrus nursery stock propagation and production
1860 and the establishment of regulated areas around citrus
1861 nurseries.—
1862 (2) Effective January 1, 2007, it is unlawful for any
1863 person to propagate for sale or movement any citrus nursery
1864 stock that was not propagated or grown on a site and within a
1865 protective structure approved by the department and that is not
1866 at least 1 mile away from commercial citrus groves. A citrus
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1867 nursery registered with the department prior to April 1, 2006,
1868 shall not be required to comply with the 1-mile setback from
1869 commercial citrus groves while continuously operating at the
1870 same location for which it was registered. However, the nursery
1871 shall be required to propagate citrus within a protective
1872 structure approved by the department. Effective January 1, 2008,
1873 it is shall be unlawful to distribute any citrus nursery stock
1874 that was not produced in a protective structure approved by the
1875 department.
1876 (5) The department shall establish regulated areas around
1877 the perimeter of commercial citrus nurseries that were
1878 established on sites after April 1, 2006, not to exceed a radius
1879 of 1 mile. The planting of citrus in an established regulated
1880 area is prohibited. The planting of citrus within a 1-mile
1881 radius of commercial citrus nurseries that were established on
1882 sites prior to April 1, 2006, must be approved by the
1883 department. Citrus plants planted within a regulated area prior
1884 to the establishment of the regulated area may remain in the
1885 regulated area unless the department determines the citrus
1886 plants to be infected or infested with citrus canker or citrus
1887 greening. The department shall require the removal of infected
1888 or infested citrus, nonapproved planted citrus, and citrus that
1889 has sprouted by natural means in regulated areas. The property
1890 owner shall be responsible for the removal of citrus planted
1891 without proper approval. Notice of the removal of citrus trees,
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1892 by immediate final order of the department, shall be provided to
1893 the owner of the property on which the trees are located. An
1894 immediate final order issued by the department under this
1895 section shall notify the property owner that the citrus trees,
1896 which are the subject of the immediate final order, must be
1897 removed and destroyed unless the property owner, no later than
1898 10 days after delivery of the immediate final order, requests
1899 and obtains a stay of the immediate final order from the
1900 district court of appeal with jurisdiction to review such
1901 requests. The property owner shall not be required to seek a
1902 stay from the department of the immediate final order prior to
1903 seeking a stay from the district court of appeal.
1904 Section 67. Sections 593.101, 593.102, 593.103, 593.104,
1905 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111,
1906 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116,
1907 and 593.117, Florida Statutes, are repealed.
1908 Section 68. Subsection (11) of section 595.404, Florida
1909 Statutes, is amended to read:
1910 595.404 School food and other nutrition programs; powers
1911 and duties of the department.—The department has the following
1912 powers and duties:
1913 (11) To adopt and implement an appeal process by rule, as
1914 required by federal regulations, for applicants and participants
1915 under the programs implemented pursuant to this chapter,
1916 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss.
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1917 120.569 and 120.57-120.595.
1918 Section 69. Section 599.002, Florida Statutes, is amended
1919 to read:
1920 599.002 Florida Wine Viticulture Advisory Council.—
1921 (1) There is created within the Department of Agriculture
1922 and Consumer Services the Florida Wine Viticulture Advisory
1923 Council, to be composed consist of eight members as follows: the
1924 president of the Florida Wine and Grape Growers Association
1925 Florida Grape Growers' Association or a designee thereof; a
1926 representative from the Institute of Food and Agricultural
1927 Sciences; a representative from the viticultural science program
1928 at Florida Agricultural and Mechanical University; and five
1929 additional commercial members, to be appointed for a 2-year term
1930 each by the Commissioner of Agriculture, including a wine
1931 producer, a fresh fruit producer, a nonwine product (juice,
1932 jelly, pie fillings, etc.) producer, and a viticultural nursery
1933 operator.
1934 (2) The meetings, powers and duties, procedures, and
1935 recordkeeping of the Florida Wine Viticulture Advisory Council
1936 shall be pursuant to s. 570.232.
1937 (3) The primary responsibilities of the Florida Wine
1938 Viticulture Advisory Council are to submit to the Commissioner
1939 of Agriculture, annually, the industry's recommendations for
1940 wine and viticultural research, promotion, and education and, as
1941 necessary, the industry's recommendations for revisions to the
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Amendment No. 1
1942 State Wine Viticulture Plan.
1943 Section 70. Section 599.003, Florida Statutes, is amended
1944 to read:
1945 599.003 State Wine Viticulture Plan.—
1946 (1) The Commissioner of Agriculture, in consultation with
1947 the Florida Wine Viticulture Advisory Council, shall develop and
1948 coordinate the implementation of the State Wine Viticulture
1949 Plan, which shall identify problems and constraints of the wine
1950 and viticulture industry, propose possible solutions to those
1951 problems, and develop planning mechanisms for the orderly growth
1952 of the industry, including:
1953 (a) Criteria for wine and viticultural research, service,
1954 and management priorities.
1955 (b) Additional proposed legislation that may be required.
1956 (c) Plans and goals to improve research and service
1957 capabilities at Florida Agricultural and Mechanical University
1958 and the University of Florida in their efforts to address
1959 current and future needs of the industry.
1960 (d) The potential for viticulture products in terms of
1961 market and needs for development.
1962 (e) Evaluation of wine policy alternatives, including, but
1963 not limited to, continued improvement in wine quality, blending
1964 considerations, promotion and advertising, labeling and vineyard
1965 designations, and development of production and marketing
1966 strategies.
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1967 (f) Evaluation of production and fresh fruit policy
1968 alternatives, including, but not limited to, setting minimum
1969 grades and standards, promotion and advertising, development of
1970 production and marketing strategies, and setting minimum
1971 standards on types and quality of nursery plants.
1972 (g) Evaluation of policy alternatives for nonwine
1973 processed products, including, but not limited to, setting
1974 minimum quality standards and development of production and
1975 marketing strategies.
1976 (h) Research and service priorities for further
1977 development of the wine and viticulture industry.
1978 (i) The identification of state agencies and public and
1979 private institutions concerned with research, education,
1980 extension, services, planning, promotion, and marketing
1981 functions related to wine and viticultural development and the
1982 delineation of contributions and responsibilities.
1983 (j) Business planning, investment potential, financial
1984 risks, and economics of production and utilization.
1985 (2) A revision and update of the State Wine Viticulture
1986 Plan must shall be submitted biennially to the President of the
1987 Senate, the Speaker of the House of Representatives, and the
1988 chairs of appropriate committees of the Senate and House of
1989 Representatives, and a progress report and budget request must
1990 shall be submitted annually.
1991 Section 71. Paragraph (a) of subsection (2) and subsection
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1992 (3) of section 599.004, Florida Statutes, are amended, and
1993 paragraph (d) is added to subsection (2) of that section, to
1994 read:
1995 599.004 Florida Farm Winery Program; registration; logo;
1996 fees.—
1997 (2)(a) The department, in coordination with the Florida
1998 Wine Viticulture Advisory Council, shall develop and designate
1999 by rule a Florida Farm Winery logo, emblem, and directional sign
2000 to guide the public to certified Florida Farm Wineries Winery
2001 tourist attractions. The logo and emblem of certified Florida
2002 Farm Winery signs must shall be uniform.
2003 (d) Wineries that fail to recertify annually or pay the
2004 licensing fee required in paragraph (c) are subject to having
2005 the signs referenced in paragraph (b) removed and will be
2006 responsible for all costs incurred by the Department of
2007 Transportation in connection with the removal.
2008 (3) All fees collected, except as otherwise provided by
2009 this section, shall be deposited into the Florida Wine
2010 Viticulture Trust Fund and used to develop consumer information
2011 on the native characteristics and proper use of wines.
2012 Section 72. Section 599.012, Florida Statutes, is amended
2013 to read:
2014 599.012 Florida Wine Viticulture Trust Fund; creation.—
2015 (1) There is established the Florida Wine Viticulture
2016 Trust Fund within the Department of Agriculture and Consumer
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Amendment No. 1
2017 Services. The department shall use the moneys deposited in the
2018 trust fund pursuant to subsection (2) to do all the following:
2019 (a) Develop and coordinate the implementation of the State
2020 Viticulture Plan.
2021 (b) Promote viticulture products manufactured from
2022 products grown in the state.
2023 (c) Provide grants for viticultural research.
2024 (2) Fifty percent of the revenues collected from the
2025 excise taxes imposed under s. 564.06 on wine produced by
2026 manufacturers in this state from products grown in the state
2027 will be deposited in the Florida Wine Viticulture Trust Fund in
2028 accordance with that section.
2029 Section 73. Subsection (1) of section 616.12, Florida
2030 Statutes, is amended to read:
2031 616.12 Licenses upon certain shows; distribution of fees;
2032 exemptions.—
2033 (1) Each person who operates any traveling show,
2034 exhibition, amusement enterprise, carnival, vaudeville, exhibit,
2035 minstrel, rodeo, theatrical, game or test of skill, riding
2036 device, dramatic repertoire, other show or amusement, or
2037 concession, including a concession operating in a tent,
2038 enclosure, or other temporary structure, within the grounds of,
2039 and in connection with, any annual public fair held by a fair
2040 association shall pay the license taxes provided by law.
2041 However, if the association satisfies the requirements of this
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Amendment No. 1
2042 chapter, including securing the required fair permit from the
2043 department, the license taxes and local business tax authorized
2044 in chapter 205 are waived and the department shall issue a tax
2045 exemption certificate. The department shall adopt the proper
2046 forms and rules to administer this section, including the
2047 necessary tax exemption certificate, showing that the fair
2048 association has met all requirements and that the traveling
2049 show, exhibition, amusement enterprise, carnival, vaudeville,
2050 exhibit, minstrel, rodeo, theatrical, game or test of skill,
2051 riding device, dramatic repertoire, other show or amusement, or
2052 concession is exempt.
2053 Section 74. Section 687.16, Florida Statutes, is created
2054 to read:
2055 687.16 Florida Farmer Financial Protection Act.—
2056 (1) SHORT TITLE.—This section may be cited as the "Florida
2057 Farmer Financial Protection Act."
2058 (2) DEFINITIONS.—
2059 (a) "Agriculture producer" means a person or company
2060 authorized to do business in this state and engaged in the
2061 production of goods derived from plants or animals, including,
2062 but not limited to, the growing of crops, silviculture, animal
2063 husbandry, or the production of livestock or dairy products.
2064 (b) "Agritourism activity" has the same meaning as
2065 provided in s. 570.86.
2066 (c) "Commissioner" means the Commissioner of Agriculture.
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Amendment No. 1
2067 (d) "Company" means a for-profit organization,
2068 association, corporation, partnership, joint venture, sole
2069 proprietorship, limited partnership, limited liability
2070 partnership, or limited liability company, including a wholly
2071 owned subsidiary, majority-owned subsidiary, parent company, or
2072 affiliate of those entities or business associations authorized
2073 to do business in this state.
2074 (e) "Denies or restricts" means refusing to provide
2075 services, terminating existing services, or restricting or
2076 burdening the scope or nature of services offered or provided.
2077 (f) "Discriminate in the provision of financial services"
2078 means to deny or restrict services and thereby decline to
2079 provide financial services.
2080 (g) "ESG factor" means any factor or consideration that is
2081 collateral to or not reasonably likely to affect or impact
2082 financial risk and includes the promotion, furtherance, or
2083 achievement of environmental, social, or political goals,
2084 objectives, or outcomes, which may include the agriculture
2085 producer's greenhouse gas emissions, use of fossil-fuel derived
2086 fertilizer, or use of fossil-fuel powered machinery.
2087 (h) "Farm" means the land, buildings, support facilities,
2088 machinery, and other appurtenances used in the production of
2089 farm or aquaculture products.
2090 (i) "Financial institution" means a company authorized to
2091 do business in this state which has total assets of more than
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Amendment No. 1
2092 $100 million and offers financial services. A financial
2093 institution includes any affiliate or subsidiary company, even
2094 if that affiliate or subsidiary company is also a financial
2095 institution.
2096 (j) "Financial service" means any product or service that
2097 is of a financial nature and is offered by a financial
2098 institution.
2099 (3) FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS.—
2100 (a) A financial institution may not discriminate in the
2101 provision of financial services to an agriculture producer
2102 based, in whole or in part, upon an ESG factor.
2103 (b) If a financial institution has made any ESG commitment
2104 related to agriculture, there is an inference that the
2105 institution's denial or restriction of a financial service to an
2106 agriculture producer violates paragraph (a).
2107 (c) A financial institution may overcome the inference in
2108 paragraph (b) by demonstrating that its denial or restriction of
2109 a financial service was based solely on documented risk
2110 analysis, and not on any ESG factor.
2111 (4) ENFORCEMENT; COMPENSATORY DAMAGES.—The Attorney
2112 General, in consultation with the Office of Financial
2113 Regulation, is authorized to enforce subsection (3). Any
2114 violation of subsection (3) constitutes an unfair trade practice
2115 under part II of chapter 501 and the Attorney General is
2116 authorized to investigate and seek remedies as provided in
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Amendment No. 1
2117 general law. Actions for damages may be sought by an aggrieved
2118 party.
2119 Section 75. Paragraph (a) of subsection (3) of section
2120 741.0305, Florida Statutes, is amended to read:
2121 741.0305 Marriage fee reduction for completion of
2122 premarital preparation course.—
2123 (3)(a) All individuals electing to participate in a
2124 premarital preparation course shall choose from the following
2125 list of qualified instructors:
2126 1. A psychologist licensed under chapter 490.
2127 2. A clinical social worker licensed under chapter 491.
2128 3. A marriage and family therapist licensed under chapter
2129 491.
2130 4. A mental health counselor licensed under chapter 491.
2131 5. An official representative of a religious institution
2132 which is recognized under s. 496.404 s. 496.404(23), if the
2133 representative has relevant training.
2134 6. Any other provider designated by a judicial circuit,
2135 including, but not limited to, school counselors who are
2136 certified to offer such courses. Each judicial circuit may
2137 establish a roster of area course providers, including those who
2138 offer the course on a sliding fee scale or for free.
2139 Section 76. Paragraph (h) of subsection (2), subsection
2140 (3), paragraph (c) of subsection (6), and subsection (10) of
2141 section 790.06, Florida Statutes, are amended to read:
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Amendment No. 1
2142 790.06 License to carry concealed weapon or concealed
2143 firearm.—
2144 (2) The Department of Agriculture and Consumer Services
2145 shall issue a license if the applicant:
2146 (h) Demonstrates competence with a firearm by any one of
2147 the following:
2148 1. Completion of any hunter education or hunter safety
2149 course approved by the Fish and Wildlife Conservation Commission
2150 or a similar agency of another state;
2151 2. Completion of any National Rifle Association firearms
2152 safety or training course;
2153 3. Completion of any firearms safety or training course or
2154 class available to the general public offered by a law
2155 enforcement agency, junior college, college, or private or
2156 public institution or organization or firearms training school,
2157 using instructors certified by the National Rifle Association,
2158 Criminal Justice Standards and Training Commission, or the
2159 Department of Agriculture and Consumer Services;
2160 4. Completion of any law enforcement firearms safety or
2161 training course or class offered for security guards,
2162 investigators, special deputies, or any division or subdivision
2163 of a law enforcement agency or security enforcement;
2164 5. Presents evidence of equivalent experience with a
2165 firearm through participation in organized shooting competition
2166 or United States military service;
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2167 6. Is licensed or has been licensed to carry a concealed
2168 weapon or concealed firearm in this state or a county or
2169 municipality of this state, unless such license has been revoked
2170 for cause; or
2171 7. Completion of any firearms training or safety course or
2172 class conducted by a state-certified or National Rifle
2173 Association certified firearms instructor;
2174
2175 A photocopy of a certificate of completion of any of the courses
2176 or classes; an affidavit from the instructor, school, club,
2177 organization, or group that conducted or taught such course or
2178 class attesting to the completion of the course or class by the
2179 applicant; or a copy of any document that shows completion of
2180 the course or class or evidences participation in firearms
2181 competition shall constitute evidence of qualification under
2182 this paragraph. A person who conducts a course pursuant to
2183 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
2184 an instructor, attests to the completion of such courses, must
2185 maintain records certifying that he or she observed the student
2186 safely handle and discharge the firearm in his or her physical
2187 presence and that the discharge of the firearm included live
2188 fire using a firearm and ammunition as defined in s. 790.001;
2189 (3)(a) The Department of Agriculture and Consumer Services
2190 shall deny a license if the applicant has been found guilty of,
2191 had adjudication of guilt withheld for, or had imposition of
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Amendment No. 1
2192 sentence suspended for one or more crimes of violence
2193 constituting a misdemeanor, unless 3 years have elapsed since
2194 probation or any other conditions set by the court have been
2195 fulfilled or the record has been sealed or expunged. The
2196 Department of Agriculture and Consumer Services shall revoke a
2197 license if the licensee has been found guilty of, had
2198 adjudication of guilt withheld for, or had imposition of
2199 sentence suspended for one or more crimes of violence within the
2200 preceding 3 years. The department shall, upon notification by a
2201 law enforcement agency, a court, clerk's office, or the Florida
2202 Department of Law Enforcement and subsequent written
2203 verification, temporarily suspend a license or the processing of
2204 an application for a license if the licensee or applicant is
2205 arrested or formally charged with a crime that would disqualify
2206 such person from having a license under this section, until
2207 final disposition of the case. The department shall suspend a
2208 license or the processing of an application for a license if the
2209 licensee or applicant is issued an injunction that restrains the
2210 licensee or applicant from committing acts of domestic violence
2211 or acts of repeat violence. The department shall notify the
2212 licensee or applicant suspended under this section of his or her
2213 right to a hearing pursuant to chapter 120. A hearing conducted
2214 regarding the temporary suspension must be for the limited
2215 purpose of determining whether the licensee has been arrested or
2216 charged with a disqualifying crime or issued an injunction or
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Amendment No. 1
2217 court order. If the criminal case or injunction results in a
2218 nondisqualifying disposition, the department must issue an order
2219 lifting the suspension upon the applicant or licensee's
2220 submission to the department of a certified copy of the final
2221 resolution. If the criminal case results in a disqualifying
2222 disposition, the suspension remains in effect and the department
2223 must proceed with denial or revocation proceedings pursuant to
2224 chapter 120.
2225 (b) This subsection does not limit, restrict, or inhibit
2226 the constitutional right to bear arms and carry a concealed
2227 weapon in this state. The Legislature finds it a matter of
2228 public policy and public safety that it is necessary to ensure
2229 that potentially disqualifying information about an applicant or
2230 licensee is investigated and processed in a timely manner by the
2231 department pursuant to this section. The Legislature intends to
2232 clarify that suspensions pursuant to this section are temporary,
2233 and the department has the duty to make an eligibility
2234 determination and issue a license in the time frame prescribed
2235 in this subsection.
2236 (6)
2237 (c) The Department of Agriculture and Consumer Services
2238 shall, within 90 days after the date of receipt of the items
2239 listed in subsection (5):
2240 1. Issue the license; or
2241 2. Deny the application based solely on the ground that
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Amendment No. 1
2242 the applicant fails to qualify under the criteria listed in
2243 subsection (2) or subsection (3). If the Department of
2244 Agriculture and Consumer Services denies the application, it
2245 shall notify the applicant in writing, stating the ground for
2246 denial and informing the applicant of any right to a hearing
2247 pursuant to chapter 120.
2248 3. In the event the result of the criminal history
2249 screening identifies department receives criminal history
2250 information related to a crime that may disqualify the applicant
2251 but does not contain with no final disposition of the crime or
2252 lacks sufficient information to make an eligibility
2253 determination on a crime which may disqualify the applicant, the
2254 time limitation prescribed by this paragraph may be extended for
2255 up to an additional 90 days after the receipt of the information
2256 suspended until receipt of the final disposition or proof of
2257 restoration of civil and firearm rights. The department may make
2258 a request for information to the jurisdiction where the criminal
2259 history information originated but must issue a license if it
2260 does not obtain a disposition or sufficient information to make
2261 an eligibility determination within the additional 90 days if
2262 the applicant is otherwise eligible. The department may take any
2263 action authorized in this section if it receives disqualifying
2264 criminal history information during the additional 90-day review
2265 or after issuance of a license.
2266 (10) A license issued under this section must shall be
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Amendment No. 1
2267 temporarily suspended as provided for in subparagraph (6)(c)3.,
2268 or revoked pursuant to chapter 120 if the license was issued in
2269 error or if the licensee:
2270 (a) Is found to be ineligible under the criteria set forth
2271 in subsection (2);
2272 (b) Develops or sustains a physical infirmity which
2273 prevents the safe handling of a weapon or firearm;
2274 (c) Is convicted of a felony which would make the licensee
2275 ineligible to possess a firearm pursuant to s. 790.23;
2276 (d) Is found guilty of a crime under chapter 893, or
2277 similar laws of any other state, relating to controlled
2278 substances;
2279 (e) Is committed as a substance abuser under chapter 397,
2280 or is deemed a habitual offender under s. 856.011(3), or similar
2281 laws of any other state;
2282 (f) Is convicted of a second violation of s. 316.193, or a
2283 similar law of another state, within 3 years after a first
2284 conviction of such section or similar law of another state, even
2285 though the first violation may have occurred before the date on
2286 which the application was submitted;
2287 (g) Is adjudicated an incapacitated person under s.
2288 744.331, or similar laws of any other state; or
2289 (h) Is committed to a mental institution under chapter
2290 394, or similar laws of any other state.
2291
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Amendment No. 1
2292 Notwithstanding s. 120.60(5), service of a notice of the
2293 suspension or revocation of a concealed weapon or concealed
2294 firearm license must be given by either certified mail, return
2295 receipt requested, to the licensee at his or her last known
2296 mailing address furnished to the Department of Agriculture and
2297 Consumer Services, or by personal service. If a notice given by
2298 certified mail is returned as undeliverable, a second attempt
2299 must be made to provide notice to the licensee at that address,
2300 by either first-class mail in an envelope, postage prepaid,
2301 addressed to the licensee at his or her last known mailing
2302 address furnished to the department, or, if the licensee has
2303 provided an e-mail address to the department, by e-mail. Such
2304 mailing by the department constitutes notice, and any failure by
2305 the licensee to receive such notice does not stay the effective
2306 date or term of the suspension or revocation. A request for
2307 hearing must be filed with the department within 21 days after
2308 notice is received by personal delivery, or within 26 days after
2309 the date the department deposits the notice in the United States
2310 mail (21 days plus 5 days for mailing). The department shall
2311 document its attempts to provide notice, and such documentation
2312 is admissible in the courts of this state and constitutes
2313 sufficient proof that notice was given.
2314 Section 77. Subsection (2) of section 812.0151, Florida
2315 Statutes, is amended to read:
2316 812.0151 Retail fuel theft.—
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2317 (2)(a) A person commits a felony of the third degree,
2318 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2319 if he or she willfully, knowingly, and without authorization:
2320 1. Breaches a retail fuel dispenser or accesses any
2321 internal portion of a retail fuel dispenser; or
2322 2. Possesses any device constructed for the purpose of
2323 fraudulently altering, manipulating, or interrupting the normal
2324 functioning of a retail fuel dispenser; or
2325 3. Possesses any form of a payment instrument that can be
2326 used, alone or in conjunction with another access device, to
2327 authorize a fuel transaction or obtain fuel, including, but not
2328 limited to, a plastic payment card with a magnetic stripe or a
2329 chip encoded with account information or both, with the intent
2330 to defraud the fuel retailer, the authorized payment instrument
2331 financial account holder, or the banking institution that issued
2332 the payment instrument financial account.
2333 (b) A person commits a felony of the second degree,
2334 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2335 if he or she willfully, knowingly, and without authorization:
2336 1. Physically tampers with, manipulates, removes,
2337 replaces, or interrupts any mechanical or electronic component
2338 located on within the internal or external portion of a retail
2339 fuel dispenser; or
2340 2. Uses any form of electronic communication to
2341 fraudulently alter, manipulate, or interrupt the normal
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Amendment No. 1
2342 functioning of a retail fuel dispenser.
2343 (c) A person commits a felony of the third degree,
2344 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2345 if he or she:
2346 1. Obtains fuel as a result of violating paragraph (a) or
2347 paragraph (b); or
2348 2. Modifies a vehicle's factory installed fuel tank or
2349 possesses any item used to hold fuel which was not fitted to a
2350 vehicle or conveyance at the time of manufacture with the intent
2351 to use such fuel tank or item to hold or transport fuel obtained
2352 as a result of violating paragraph (a) or paragraph (b); or
2353 3. Uses any form of a payment instrument that can be used,
2354 alone or in conjunction with another access device, to authorize
2355 a fuel transaction or obtain fuel, including, but not limited
2356 to, a plastic payment card with a magnetic stripe or a chip
2357 encoded with account information or both, with the intent to
2358 defraud the fuel retailer, the authorized payment instrument
2359 financial account holder, or the banking institution that issued
2360 the payment instrument financial account.
2361 Section 78. Section 812.136, Florida Statutes, is created
2362 to read:
2363 812.136 Mail theft.—
2364 (1) As used in this section, unless the context otherwise
2365 requires:
2366 (a) "Mail" means any letter, postal card, parcel,
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Amendment No. 1
2367 envelope, package, bag, or any other sealed article addressed to
2368 another, along with its contents.
2369 (b) "Mail depository" means a mail box, letter box, mail
2370 route, or mail receptacle of a postal service, an office of a
2371 postal service, or mail carrier of a postal service, or a
2372 vehicle of a postal service.
2373 (c) "Postal service" means the United States Postal
2374 Service or its contractors, or any commercial courier that
2375 delivers mail.
2376 (2) Any of the following acts constitutes mail theft:
2377 (a) Removing mail from a mail depository or taking mail
2378 from a mail carrier of a postal service with an intent to steal.
2379 (b) Obtaining custody of mail by fraud or deception with
2380 an intent to steal.
2381 (c) Selling, receiving, possessing, transferring, buying,
2382 or concealing mail obtained by acts described in paragraph (a)
2383 or paragraph (b) of this subsection, while knowing or having
2384 reason to know the mail was obtained illegally.
2385 (3) Any of the following constitutes theft of or
2386 unauthorized reproduction of a mail depository key or lock:
2387 (a) Stealing or obtaining by false pretense any key or
2388 lock adopted by a postal service for a mail depository or other
2389 authorized receptacle for the deposit or delivery of mail.
2390 (b) Knowingly and unlawfully making, forging, or
2391 counterfeiting any such key or possessing any such key or lock
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Amendment No. 1
2392 adopted by a postal service with the intent to unlawfully or
2393 improperly use, sell, or otherwise dispose of the key or lock,
2394 or to cause the key or lock to be unlawfully or improperly used,
2395 sold, or otherwise disposed.
2396 (4) The first violation of this section constitutes a
2397 misdemeanor of the first degree, punishable by a term of
2398 imprisonment not exceeding 1 year pursuant to s. 775.082(4)(a)
2399 or a fine not to exceed $1,000 pursuant to s. 775.083(1)(d), or
2400 both. A second or subsequent violation of this section
2401 constitutes a felony of the third degree, punishable by a term
2402 of imprisonment not exceeding 5 years pursuant to s.
2403 775.82(3)(e) or a fine not to exceed $5,000 pursuant to s.
2404 775.083(1)(c), or both.
2405 Section 79. Paragraph (i) of subsection (4) of section
2406 934.50, Florida Statutes, is amended to read:
2407 934.50 Searches and seizure using a drone.—
2408 (4) EXCEPTIONS.—This section does not prohibit the use of
2409 a drone:
2410 (i) By a person or an entity engaged in a business or
2411 profession licensed by the state, or by an agent, employee, or
2412 contractor thereof, if the drone is used only to perform
2413 reasonable tasks within the scope of practice or activities
2414 permitted under such person's or entity's license. However, this
2415 exception does not apply to a profession in which the licensee's
2416 authorized scope of practice includes obtaining information
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Amendment No. 1
2417 about the identity, habits, conduct, movements, whereabouts,
2418 affiliations, associations, transactions, reputation, or
2419 character of any society, person, or group of persons.
2420 Section 80. Section 1013.373, Florida Statutes, is created
2421 to read:
2422 1013.373 Educational facilities used for agricultural
2423 education.—
2424 (1) Notwithstanding any other provision of law, a local
2425 government may not adopt any ordinance, regulation, rule, or
2426 policy to prohibit, restrict, regulate, or otherwise limit any
2427 activities of public educational facilities and auxiliary
2428 facilities constructed by a board for agricultural education,
2429 for Future Farmers of America or 4-H activities, or the storage
2430 of any animal or equipment therein.
2431 (2) Lands used for agricultural education or for Future
2432 Farmers of America or 4-H activities are considered agricultural
2433 lands pursuant to s. 193.461 and subject to s. 823.14.
2434 Section 81. For the purpose of incorporating the amendment
2435 made by this act to section 110.205, Florida Statutes, in a
2436 reference thereto, paragraph (a) of subsection (5) of section
2437 295.07, Florida Statutes, is reenacted to read:
2438 295.07 Preference in appointment and retention.—
2439 (5) The following positions are exempt from this section:
2440 (a) Those positions that are exempt from the state Career
2441 Service System under s. 110.205(2); however, all positions under
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Bill No. HB 651 (2025)
Amendment No. 1
2442 the University Support Personnel System of the State University
2443 System as well as all Career Service System positions under the
2444 Florida College System and the School for the Deaf and the
2445 Blind, or the equivalent of such positions at state
2446 universities, Florida College System institutions, or the School
2447 for the Deaf and the Blind, are not exempt.
2448 Section 82. For the purpose of incorporating the amendment
2449 made by this act to section 193.461, Florida Statutes, in a
2450 reference thereto, paragraph (r) of subsection (1) of section
2451 125.01, Florida Statutes, is reenacted to read:
2452 125.01 Powers and duties.—
2453 (1) The legislative and governing body of a county shall
2454 have the power to carry on county government. To the extent not
2455 inconsistent with general or special law, this power includes,
2456 but is not restricted to, the power to:
2457 (r) Levy and collect taxes, both for county purposes and
2458 for the providing of municipal services within any municipal
2459 service taxing unit, and special assessments; borrow and expend
2460 money; and issue bonds, revenue certificates, and other
2461 obligations of indebtedness, which power shall be exercised in
2462 such manner, and subject to such limitations, as may be provided
2463 by general law. There shall be no referendum required for the
2464 levy by a county of ad valorem taxes, both for county purposes
2465 and for the providing of municipal services within any municipal
2466 service taxing unit.
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Amendment No. 1
2467 1. Notwithstanding any other provision of law, a county
2468 may not levy special assessments on lands classified as
2469 agricultural lands under s. 193.461 unless the revenue from such
2470 assessments has been pledged for debt service and is necessary
2471 to meet obligations of bonds or certificates issued by the
2472 county which remain outstanding on July 1, 2023, including
2473 refundings thereof for debt service savings where the maturity
2474 of the debt is not extended. For bonds or certificates issued
2475 after July 1, 2023, special assessments securing such bonds may
2476 not be levied on lands classified as agricultural under s.
2477 193.461.
2478 2. The provisions of subparagraph 1. do not apply to
2479 residential structures and their curtilage.
2480 Section 83. For the purpose of incorporating the amendment
2481 made by this act to section 193.461, Florida Statutes, in
2482 references thereto, paragraphs (a) through (d) of subsection (3)
2483 of section 163.3162, Florida Statutes, are reenacted to read:
2484 163.3162 Agricultural lands and practices.—
2485 (3) DUPLICATION OF REGULATION.—Except as otherwise
2486 provided in this section and s. 487.051(2), and notwithstanding
2487 any other law, including any provision of chapter 125 or this
2488 chapter:
2489 (a) A governmental entity may not exercise any of its
2490 powers to adopt or enforce any ordinance, resolution,
2491 regulation, rule, or policy to prohibit, restrict, regulate, or
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Amendment No. 1
2492 otherwise limit an activity of a bona fide farm operation on
2493 land classified as agricultural land pursuant to s. 193.461, if
2494 such activity is regulated through implemented best management
2495 practices, interim measures, or regulations adopted as rules
2496 under chapter 120 by the Department of Environmental Protection,
2497 the Department of Agriculture and Consumer Services, or a water
2498 management district as part of a statewide or regional program;
2499 or if such activity is expressly regulated by the United States
2500 Department of Agriculture, the United States Army Corps of
2501 Engineers, or the United States Environmental Protection Agency.
2502 (b) A governmental entity may not charge a fee on a
2503 specific agricultural activity of a bona fide farm operation on
2504 land classified as agricultural land pursuant to s. 193.461, if
2505 such agricultural activity is regulated through implemented best
2506 management practices, interim measures, or regulations adopted
2507 as rules under chapter 120 by the Department of Environmental
2508 Protection, the Department of Agriculture and Consumer Services,
2509 or a water management district as part of a statewide or
2510 regional program; or if such agricultural activity is expressly
2511 regulated by the United States Department of Agriculture, the
2512 United States Army Corps of Engineers, or the United States
2513 Environmental Protection Agency.
2514 (c) A governmental entity may not charge an assessment or
2515 fee for stormwater management on a bona fide farm operation on
2516 land classified as agricultural land pursuant to s. 193.461, if
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Amendment No. 1
2517 the farm operation has a National Pollutant Discharge
2518 Elimination System permit, environmental resource permit, or
2519 works-of-the-district permit or implements best management
2520 practices adopted as rules under chapter 120 by the Department
2521 of Environmental Protection, the Department of Agriculture and
2522 Consumer Services, or a water management district as part of a
2523 statewide or regional program.
2524 (d) For each governmental entity that, before March 1,
2525 2009, adopted a stormwater utility ordinance or resolution,
2526 adopted an ordinance or resolution establishing a municipal
2527 services benefit unit, or adopted a resolution stating the
2528 governmental entity's intent to use the uniform method of
2529 collection pursuant to s. 197.3632 for such stormwater
2530 ordinances, the governmental entity may continue to charge an
2531 assessment or fee for stormwater management on a bona fide farm
2532 operation on land classified as agricultural pursuant to s.
2533 193.461, if the ordinance or resolution provides credits against
2534 the assessment or fee on a bona fide farm operation for the
2535 water quality or flood control benefit of:
2536 1. The implementation of best management practices adopted
2537 as rules under chapter 120 by the Department of Environmental
2538 Protection, the Department of Agriculture and Consumer Services,
2539 or a water management district as part of a statewide or
2540 regional program;
2541 2. The stormwater quality and quantity measures required
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Amendment No. 1
2542 as part of a National Pollutant Discharge Elimination System
2543 permit, environmental resource permit, or works-of-the-district
2544 permit; or
2545 3. The implementation of best management practices or
2546 alternative measures which the landowner demonstrates to the
2547 governmental entity to be of equivalent or greater stormwater
2548 benefit than those provided by implementation of best management
2549 practices adopted as rules under chapter 120 by the Department
2550 of Environmental Protection, the Department of Agriculture and
2551 Consumer Services, or a water management district as part of a
2552 statewide or regional program, or stormwater quality and
2553 quantity measures required as part of a National Pollutant
2554 Discharge Elimination System permit, environmental resource
2555 permit, or works-of-the-district permit.
2556 Section 84. For the purpose of incorporating the amendment
2557 made by this act to section 193.461, Florida Statutes, in a
2558 reference thereto, paragraph (c) of subsection (3) of section
2559 163.3163, Florida Statutes, is reenacted to read:
2560 163.3163 Applications for development permits; disclosure
2561 and acknowledgment of contiguous sustainable agricultural land.—
2562 (3) As used in this section, the term:
2563 (c) "Sustainable agricultural land" means land classified
2564 as agricultural land pursuant to s. 193.461 which is used for a
2565 farm operation that uses current technology, based on science or
2566 research and demonstrated measurable increases in productivity,
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Amendment No. 1
2567 to meet future food, feed, fiber, and energy needs, while
2568 considering the environmental impacts and the social and
2569 economic benefits to the rural communities.
2570 Section 85. For the purpose of incorporating the amendment
2571 made by this act to section 193.461, Florida Statutes, in a
2572 reference thereto, subsection (4) of section 163.3164, Florida
2573 Statutes, is reenacted to read:
2574 163.3164 Community Planning Act; definitions.—As used in
2575 this act:
2576 (4) "Agricultural enclave" means an unincorporated,
2577 undeveloped parcel that:
2578 (a) Is owned by a single person or entity;
2579 (b) Has been in continuous use for bona fide agricultural
2580 purposes, as defined by s. 193.461, for a period of 5 years
2581 prior to the date of any comprehensive plan amendment
2582 application;
2583 (c) Is surrounded on at least 75 percent of its perimeter
2584 by:
2585 1. Property that has existing industrial, commercial, or
2586 residential development; or
2587 2. Property that the local government has designated, in
2588 the local government's comprehensive plan, zoning map, and
2589 future land use map, as land that is to be developed for
2590 industrial, commercial, or residential purposes, and at least 75
2591 percent of such property is existing industrial, commercial, or
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Bill No. HB 651 (2025)
Amendment No. 1
2592 residential development;
2593 (d) Has public services, including water, wastewater,
2594 transportation, schools, and recreation facilities, available or
2595 such public services are scheduled in the capital improvement
2596 element to be provided by the local government or can be
2597 provided by an alternative provider of local government
2598 infrastructure in order to ensure consistency with applicable
2599 concurrency provisions of s. 163.3180; and
2600 (e) Does not exceed 1,280 acres; however, if the property
2601 is surrounded by existing or authorized residential development
2602 that will result in a density at buildout of at least 1,000
2603 residents per square mile, then the area shall be determined to
2604 be urban and the parcel may not exceed 4,480 acres.
2605 Section 86. For the purpose of incorporating the amendment
2606 made by this act to section 193.461, Florida Statutes, in a
2607 reference thereto, subsection (5) of section 163.3194, Florida
2608 Statutes, is reenacted to read:
2609 163.3194 Legal status of comprehensive plan.—
2610 (5) The tax-exempt status of lands classified as
2611 agricultural under s. 193.461 shall not be affected by any
2612 comprehensive plan adopted under this act as long as the land
2613 meets the criteria set forth in s. 193.461.
2614 Section 87. For the purpose of incorporating the amendment
2615 made by this act to section 193.461, Florida Statutes, in a
2616 reference thereto, subsection (4) of section 170.01, Florida
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Bill No. HB 651 (2025)
Amendment No. 1
2617 Statutes, is reenacted to read:
2618 170.01 Authority for providing improvements and levying
2619 and collecting special assessments against property benefited.—
2620 (4) Notwithstanding any other provision of law, a
2621 municipality may not levy special assessments for the provision
2622 of fire protection services on lands classified as agricultural
2623 lands under s. 193.461 unless the land contains a residential
2624 dwelling or nonresidential farm building, with the exception of
2625 an agricultural pole barn, provided the nonresidential farm
2626 building exceeds a just value of $10,000. Such special
2627 assessments must be based solely on the special benefit accruing
2628 to that portion of the land consisting of the residential
2629 dwelling and curtilage, and qualifying nonresidential farm
2630 buildings. As used in this subsection, the term "agricultural
2631 pole barn" means a nonresidential farm building in which 70
2632 percent or more of the perimeter walls are permanently open and
2633 allow free ingress and egress.
2634 Section 88. For the purpose of incorporating the amendment
2635 made by this act to section 193.461, Florida Statutes, in a
2636 reference thereto, subsection (2) of section 193.052, Florida
2637 Statutes, is reenacted to read:
2638 193.052 Preparation and serving of returns.—
2639 (2) No return shall be required for real property the
2640 ownership of which is reflected in instruments recorded in the
2641 public records of the county in which the property is located,
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Amendment No. 1
2642 unless otherwise required in this title. In order for land to be
2643 considered for agricultural classification under s. 193.461 or
2644 high-water recharge classification under s. 193.625, an
2645 application for classification must be filed on or before March
2646 1 of each year with the property appraiser of the county in
2647 which the land is located, except as provided in s.
2648 193.461(3)(a). The application must state that the lands on
2649 January 1 of that year were used primarily for bona fide
2650 commercial agricultural or high-water recharge purposes.
2651 Section 89. For the purpose of incorporating the amendment
2652 made by this act to section 193.461, Florida Statutes, in a
2653 reference thereto, section 193.4615, Florida Statutes, is
2654 reenacted to read:
2655 193.4615 Assessment of obsolete agricultural equipment.—
2656 For purposes of ad valorem property taxation, agricultural
2657 equipment that is located on property classified as agricultural
2658 under s. 193.461 and that is no longer usable for its intended
2659 purpose shall be deemed to have a market value no greater than
2660 its value for salvage.
2661 Section 90. For the purpose of incorporating the amendment
2662 made by this act to section 193.461, Florida Statutes, in
2663 references thereto, paragraph (a) of subsection (5) and
2664 paragraph (a) of subsection (19) of section 212.08, Florida
2665 Statutes, are reenacted to read:
2666 212.08 Sales, rental, use, consumption, distribution, and
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Bill No. HB 651 (2025)
Amendment No. 1
2667 storage tax; specified exemptions.—The sale at retail, the
2668 rental, the use, the consumption, the distribution, and the
2669 storage to be used or consumed in this state of the following
2670 are hereby specifically exempt from the tax imposed by this
2671 chapter.
2672 (5) EXEMPTIONS; ACCOUNT OF USE.—
2673 (a) Items in agricultural use and certain nets.—There are
2674 exempt from the tax imposed by this chapter nets designed and
2675 used exclusively by commercial fisheries; disinfectants,
2676 fertilizers, insecticides, pesticides, herbicides, fungicides,
2677 and weed killers used for application on crops or groves,
2678 including commercial nurseries and home vegetable gardens, used
2679 in dairy barns or on poultry farms for the purpose of protecting
2680 poultry or livestock, or used directly on poultry or livestock;
2681 animal health products that are administered to, applied to, or
2682 consumed by livestock or poultry to alleviate pain or cure or
2683 prevent sickness, disease, or suffering, including, but not
2684 limited to, antiseptics, absorbent cotton, gauze for bandages,
2685 lotions, vaccines, vitamins, and worm remedies; aquaculture
2686 health products that are used by aquaculture producers, as
2687 defined in s. 597.0015, to prevent or treat fungi, bacteria, and
2688 parasitic diseases; portable containers or movable receptacles
2689 in which portable containers are placed, used for processing
2690 farm products; field and garden seeds, including flower seeds;
2691 nursery stock, seedlings, cuttings, or other propagative
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Bill No. HB 651 (2025)
Amendment No. 1
2692 material purchased for growing stock; seeds, seedlings,
2693 cuttings, and plants used to produce food for human consumption;
2694 cloth, plastic, and other similar materials used for shade,
2695 mulch, or protection from frost or insects on a farm; hog wire
2696 and barbed wire fencing, including gates and materials used to
2697 construct or repair such fencing, used in agricultural
2698 production on lands classified as agricultural lands under s.
2699 193.461; materials used to construct or repair permanent or
2700 temporary fencing used to contain, confine, or process cattle,
2701 including gates and energized fencing systems, used in
2702 agricultural operations on lands classified as agricultural
2703 lands under s. 193.461; stakes used by a farmer to support
2704 plants during agricultural production; generators used on
2705 poultry farms; and liquefied petroleum gas or other fuel used to
2706 heat a structure in which started pullets or broilers are
2707 raised; however, such exemption is not allowed unless the
2708 purchaser or lessee signs a certificate stating that the item to
2709 be exempted is for the exclusive use designated herein. Also
2710 exempt are cellophane wrappers, glue for tin and glass
2711 (apiarists), mailing cases for honey, shipping cases, window
2712 cartons, and baling wire and twine used for baling hay, when
2713 used by a farmer to contain, produce, or process an agricultural
2714 commodity.
2715 (19) FLORIDA FARM TEAM CARD.—
2716 (a) Notwithstanding any other law, a farmer whose property
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Amendment No. 1
2717 has been classified as agricultural pursuant to s. 193.461 or
2718 who has implemented agricultural best management practices
2719 adopted by the Department of Agriculture and Consumer Services
2720 pursuant to s. 403.067(7)(c)2. may apply to the department for a
2721 Florida farm tax exempt agricultural materials (TEAM) card to
2722 claim the applicable sales tax exemptions provided in this
2723 section. A farmer may present the Florida farm TEAM card to a
2724 selling dealer in lieu of a certificate or affidavit otherwise
2725 required by this chapter.
2726 Section 91. For the purpose of incorporating the amendment
2727 made by this act to section 193.461, Florida Statutes, in a
2728 reference thereto, subsection (2) of section 373.406, Florida
2729 Statutes, is reenacted to read:
2730 373.406 Exemptions.—The following exemptions shall apply:
2731 (2) Notwithstanding s. 403.927, nothing herein, or in any
2732 rule, regulation, or order adopted pursuant hereto, shall be
2733 construed to affect the right of any person engaged in the
2734 occupation of agriculture, silviculture, floriculture, or
2735 horticulture to alter the topography of any tract of land,
2736 including, but not limited to, activities that may impede or
2737 divert the flow of surface waters or adversely impact wetlands,
2738 for purposes consistent with the normal and customary practice
2739 of such occupation in the area. However, such alteration or
2740 activity may not be for the sole or predominant purpose of
2741 impeding or diverting the flow of surface waters or adversely
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Amendment No. 1
2742 impacting wetlands. This exemption applies to lands classified
2743 as agricultural pursuant to s. 193.461 and to activities
2744 requiring an environmental resource permit pursuant to this
2745 part. This exemption does not apply to any activities previously
2746 authorized by an environmental resource permit or a management
2747 and storage of surface water permit issued pursuant to this part
2748 or a dredge and fill permit issued pursuant to chapter 403. This
2749 exemption has retroactive application to July 1, 1984.
2750 Section 92. For the purpose of incorporating the amendment
2751 made by this act to section 193.461, Florida Statutes, in a
2752 reference thereto, paragraph (a) of subsection (11) of section
2753 403.182, Florida Statutes, is reenacted to read:
2754 403.182 Local pollution control programs.—
2755 (11)(a) Notwithstanding this section or any existing local
2756 pollution control programs, the Secretary of Environmental
2757 Protection has exclusive jurisdiction in setting standards or
2758 procedures for evaluating environmental conditions and assessing
2759 potential liability for the presence of contaminants on land
2760 that is classified as agricultural land pursuant to s. 193.461
2761 and being converted to a nonagricultural use. The exclusive
2762 jurisdiction includes defining what constitutes all appropriate
2763 inquiry consistent with 40 C.F.R. part 312 and guidance
2764 thereunder.
2765 Section 93. For the purpose of incorporating the amendment
2766 made by this act to section 193.461, Florida Statutes, in a
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Amendment No. 1
2767 reference thereto, subsection (4) of section 403.9337, Florida
2768 Statutes, is reenacted to read:
2769 403.9337 Model Ordinance for Florida-Friendly Fertilizer
2770 Use on Urban Landscapes.—
2771 (4) This section does not apply to the use of fertilizer
2772 on farm operations as defined in s. 823.14 or on lands
2773 classified as agricultural lands pursuant to s. 193.461.
2774 Section 94. For the purpose of incorporating the amendment
2775 made by this act to section 193.461, Florida Statutes, in a
2776 reference thereto, paragraph (d) of subsection (2) of section
2777 472.029, Florida Statutes, is reenacted to read:
2778 472.029 Authorization to enter lands of third parties;
2779 conditions.—
2780 (2) LIABILITY AND DUTY OF CARE ON AGRICULTURAL LAND.—
2781 (d) This subsection applies only to land classified as
2782 agricultural pursuant to s. 193.461.
2783 Section 95. For the purpose of incorporating the amendment
2784 made by this act to section 193.461, Florida Statutes, in a
2785 reference thereto, subsection (5) of section 474.2021, Florida
2786 Statutes, is reenacted to read:
2787 474.2021 Veterinary telehealth.—
2788 (5) A veterinarian personally acquainted with the caring
2789 and keeping of an animal or group of animals on food-producing
2790 animal operations on land classified as agricultural pursuant to
2791 s. 193.461 who has recently seen the animal or group of animals
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Bill No. HB 651 (2025)
Amendment No. 1
2792 or has made medically appropriate and timely visits to the
2793 premises where the animal or group of animals is kept may
2794 practice veterinary telehealth for animals on such operations.
2795 Section 96. For the purpose of incorporating the amendment
2796 made by this act to section 193.461, Florida Statutes, in a
2797 reference thereto, paragraph (d) of subsection (4) of section
2798 474.2165, Florida Statutes, is reenacted to read:
2799 474.2165 Ownership and control of veterinary medical
2800 patient records; report or copies of records to be furnished.—
2801 (4) Except as otherwise provided in this section, such
2802 records may not be furnished to, and the medical condition of a
2803 patient may not be discussed with, any person other than the
2804 client or the client's legal representative or other
2805 veterinarians involved in the care or treatment of the patient,
2806 except upon written authorization of the client. However, such
2807 records may be furnished without written authorization under the
2808 following circumstances:
2809 (d) In any criminal action or situation where a
2810 veterinarian suspects a criminal violation. If a criminal
2811 violation is suspected, a veterinarian may, without notice to or
2812 authorization from the client, report the violation to a law
2813 enforcement officer, an animal control officer who is certified
2814 pursuant to s. 828.27(4)(a), or an agent appointed under s.
2815 828.03. However, if a suspected violation occurs at a commercial
2816 food-producing animal operation on land classified as
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Amendment No. 1
2817 agricultural under s. 193.461, the veterinarian must provide
2818 notice to the client or the client's legal representative before
2819 reporting the suspected violation to an officer or agent under
2820 this paragraph. The report may not include written medical
2821 records except upon the issuance of an order from a court of
2822 competent jurisdiction.
2823 Section 97. For the purpose of incorporating the amendment
2824 made by this act to section 193.461, Florida Statutes, in a
2825 reference thereto, subsection (6) of section 487.081, Florida
2826 Statutes, is reenacted to read:
2827 487.081 Exemptions.—
2828 (6) The Department of Environmental Protection is not
2829 authorized to institute proceedings against any property owner
2830 or leaseholder of property under the provisions of s. 376.307(5)
2831 to recover any costs or damages associated with pesticide
2832 contamination of soil or water, or the evaluation, assessment,
2833 or remediation of pesticide contamination of soil or water,
2834 including sampling, analysis, and restoration of soil or potable
2835 water supplies, subject to the following conditions:
2836 (a) The pesticide contamination of soil or water is
2837 determined to be the result of the use of pesticides by the
2838 property owner or leaseholder, in accordance with state and
2839 federal law, applicable registered labels, and rules on property
2840 classified as agricultural land pursuant to s. 193.461;
2841 (b) The property owner or leaseholder maintains records of
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Amendment No. 1
2842 such pesticide applications and such records are provided to the
2843 department upon request;
2844 (c) In the event of pesticide contamination of soil or
2845 water, the department, upon request, shall make such records
2846 available to the Department of Environmental Protection;
2847 (d) This subsection does not limit regulatory authority
2848 under a federally delegated or approved program; and
2849 (e) This subsection is remedial in nature and shall apply
2850 retroactively.
2851
2852 The department, in consultation with the secretary of the
2853 Department of Environmental Protection, may adopt rules
2854 prescribing the format, content, and retention time for records
2855 to be maintained under this subsection.
2856 Section 98. For the purpose of incorporating the amendment
2857 made by this act to section 193.461, Florida Statutes, in a
2858 reference thereto, subsection (1) of section 570.85, Florida
2859 Statutes, is reenacted to read:
2860 570.85 Agritourism.—
2861 (1) It is the intent of the Legislature to promote
2862 agritourism as a way to support bona fide agricultural
2863 production by providing a stream of revenue and by educating the
2864 general public about the agricultural industry. It is also the
2865 intent of the Legislature to eliminate duplication of regulatory
2866 authority over agritourism as expressed in this section. Except
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Amendment No. 1
2867 as otherwise provided for in this section, and notwithstanding
2868 any other law, a local government may not adopt or enforce a
2869 local ordinance, regulation, rule, or policy that prohibits,
2870 restricts, regulates, or otherwise limits an agritourism
2871 activity on land classified as agricultural land under s.
2872 193.461. This subsection does not limit the powers and duties of
2873 a local government to address substantial offsite impacts of
2874 agritourism activities or an emergency as provided in chapter
2875 252.
2876 Section 99. For the purpose of incorporating the amendment
2877 made by this act to section 193.461, Florida Statutes, in a
2878 reference thereto, subsection (1) of section 570.87, Florida
2879 Statutes, is reenacted to read:
2880 570.87 Agritourism participation impact on land
2881 classification.—
2882 (1) In order to promote and perpetuate agriculture
2883 throughout this state, farm operations are encouraged to engage
2884 in agritourism. An agricultural classification pursuant to s.
2885 193.461 may not be denied or revoked solely due to the conduct
2886 of agritourism activity on a bona fide farm or the construction,
2887 alteration, or maintenance of a nonresidential farm building,
2888 structure, or facility on a bona fide farm which is used to
2889 conduct agritourism activities. So long as the building,
2890 structure, or facility is an integral part of the agricultural
2891 operation, the land it occupies shall be considered agricultural
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Bill No. HB 651 (2025)
Amendment No. 1
2892 in nature. However, such buildings, structures, and facilities,
2893 and other improvements on the land, must be assessed under s.
2894 193.011 at their just value and added to the agriculturally
2895 assessed value of the land.
2896 Section 100. For the purpose of incorporating the
2897 amendment made by this act to section 193.461, Florida Statutes,
2898 in a reference thereto, subsection (3) of section 570.94,
2899 Florida Statutes, is reenacted to read:
2900 570.94 Best management practices for wildlife.—The
2901 department and the Fish and Wildlife Conservation Commission
2902 recognize that agriculture provides a valuable benefit to the
2903 conservation and management of fish and wildlife in the state
2904 and agree to enter into a memorandum of agreement to develop and
2905 adopt by rule voluntary best management practices for the
2906 state's agriculture industry which reflect the industry's
2907 existing contribution to the conservation and management of
2908 freshwater aquatic life and wild animal life in the state.
2909 (3) Notwithstanding any other provision of law, including
2910 s. 163.3162, the implementation of the best management practices
2911 pursuant to this section is voluntary and except as specifically
2912 provided under this section and s. 9, Art. IV of the State
2913 Constitution, an agency, department, district, or unit of local
2914 government may not adopt or enforce any ordinance, resolution,
2915 regulation, rule, or policy regarding the best management
2916 practices on land classified as agricultural land pursuant to s.
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Bill No. HB 651 (2025)
Amendment No. 1
2917 193.461.
2918 Section 101. For the purpose of incorporating the
2919 amendment made by this act to section 193.461, Florida Statutes,
2920 in a reference thereto, paragraph (a) of subsection (1) of
2921 section 582.19, Florida Statutes, is reenacted to read:
2922 582.19 Qualifications and tenure of supervisors.—
2923 (1) The governing body of the district shall consist of
2924 five supervisors, elected as provided in s. 582.18.
2925 (a) To qualify to serve on the governing body of a
2926 district, a supervisor must be an eligible voter who resides in
2927 the district and who:
2928 1. Is actively engaged in, or retired after 10 years of
2929 being engaged in, agriculture as defined in s. 570.02;
2930 2. Is employed by an agricultural producer; or
2931 3. Owns, leases, or is actively employed on land
2932 classified as agricultural under s. 193.461.
2933 Section 102. For the purpose of incorporating the
2934 amendment made by this act to section 193.461, Florida Statutes,
2935 in a reference thereto, section 586.055, Florida Statutes, is
2936 reenacted to read:
2937 586.055 Location of apiaries.—An apiary may be located on
2938 land classified as agricultural under s. 193.461 or on land that
2939 is integral to a beekeeping operation.
2940 Section 103. For the purpose of incorporating the
2941 amendment made by this act to section 193.461, Florida Statutes,
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Amendment No. 1
2942 in references thereto, paragraphs (a) and (d) of subsection (2)
2943 of section 604.50, Florida Statutes, are reenacted to read:
2944 604.50 Nonresidential farm buildings; farm fences; farm
2945 signs.—
2946 (2) As used in this section, the term:
2947 (a) "Bona fide agricultural purposes" has the same meaning
2948 as provided in s. 193.461(3)(b).
2949 (d) "Nonresidential farm building" means any temporary or
2950 permanent building or support structure that is classified as a
2951 nonresidential farm building on a farm under s. 553.73(10)(c) or
2952 that is used primarily for agricultural purposes, is located on
2953 land that is an integral part of a farm operation or is
2954 classified as agricultural land under s. 193.461, and is not
2955 intended to be used as a residential dwelling. The term may
2956 include, but is not limited to, a barn, greenhouse, shade house,
2957 farm office, storage building, or poultry house.
2958 Section 104. For the purpose of incorporating the
2959 amendment made by this act to section 193.461, Florida Statutes,
2960 in a reference thereto, paragraph (b) of subsection (3) of
2961 section 604.73, Florida Statutes, is reenacted to read:
2962 604.73 Urban agriculture pilot projects; local regulation
2963 of urban agriculture.—
2964 (3) DEFINITIONS.—As used in this section, the term:
2965 (b) "Urban agriculture" means any new or existing
2966 noncommercial agricultural uses on land that is:
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Amendment No. 1
2967 1. Within a dense urban land area, as described in s.
2968 380.0651(3)(a);
2969 2. Not classified as agricultural pursuant to s. 193.461;
2970 3. Not zoned as agricultural as its principal use; and
2971 4. Designated by a municipality for inclusion in an urban
2972 agricultural pilot project that has been approved by the
2973 department.
2974
2975 The term does not include vegetable gardens, as defined in s.
2976 604.71(4), for personal consumption on residential properties.
2977 Section 105. For the purpose of incorporating the
2978 amendment made by this act to section 193.461, Florida Statutes,
2979 in a reference thereto, subsection (1) of section 692.201,
2980 Florida Statutes, is reenacted to read:
2981 692.201 Definitions.—As used in this part, the term:
2982 (1) "Agricultural land" means land classified as
2983 agricultural under s. 193.461.
2984 Section 106. For the purpose of incorporating the
2985 amendment made by this act to section 193.461, Florida Statutes,
2986 in references thereto, paragraph (a) of subsection (5) and
2987 paragraph (a) of subsection (6) of section 741.30, Florida
2988 Statutes, are reenacted to read:
2989 741.30 Domestic violence; injunction; powers and duties of
2990 court and clerk; petition; notice and hearing; temporary
2991 injunction; issuance of injunction; statewide verification
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Amendment No. 1
2992 system; enforcement; public records exemption.—
2993 (5)(a) If it appears to the court that an immediate and
2994 present danger of domestic violence exists, the court may grant
2995 a temporary injunction ex parte, pending a full hearing, and may
2996 grant such relief as the court deems proper, including an
2997 injunction:
2998 1. Restraining the respondent from committing any acts of
2999 domestic violence.
3000 2. Awarding to the petitioner the temporary exclusive use
3001 and possession of the dwelling that the parties share or
3002 excluding the respondent from the residence of the petitioner.
3003 3. On the same basis as provided in s. 61.13, providing
3004 the petitioner a temporary parenting plan, including a time-
3005 sharing schedule, which may award the petitioner up to 100
3006 percent of the time-sharing. If temporary time-sharing is
3007 awarded to the respondent, the exchange of the child must occur
3008 at a neutral safe exchange location as provided in s. 125.01(8)
3009 or a location authorized by a supervised visitation program as
3010 defined in s. 753.01 if the court determines it is in the best
3011 interests of the child after consideration of all of the factors
3012 specified in s. 61.13(3). The temporary parenting plan remains
3013 in effect until the order expires or an order is entered by a
3014 court of competent jurisdiction in a pending or subsequent civil
3015 action or proceeding affecting the placement of, access to,
3016 parental time with, adoption of, or parental rights and
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Amendment No. 1
3017 responsibilities for the minor child.
3018 4. If the petitioner and respondent have an existing
3019 parenting plan or time-sharing schedule under another court
3020 order, designating that the exchange of the minor child or
3021 children of the parties must occur at a neutral safe exchange
3022 location as provided in s. 125.01(8) or a location authorized by
3023 a supervised visitation program as defined in s. 753.01 if the
3024 court determines it is in the best interests of the child after
3025 consideration of all of the factors specified in s. 61.13(3).
3026 5. Awarding to the petitioner the temporary exclusive
3027 care, possession, or control of an animal that is owned,
3028 possessed, harbored, kept, or held by the petitioner, the
3029 respondent, or a minor child residing in the residence or
3030 household of the petitioner or respondent. The court may order
3031 the respondent to temporarily have no contact with the animal
3032 and prohibit the respondent from taking, transferring,
3033 encumbering, concealing, harming, or otherwise disposing of the
3034 animal. This subparagraph does not apply to an animal owned
3035 primarily for a bona fide agricultural purpose, as defined under
3036 s. 193.461, or to a service animal, as defined under s. 413.08,
3037 if the respondent is the service animal's handler.
3038 (6)(a) Upon notice and hearing, when it appears to the
3039 court that the petitioner is either the victim of domestic
3040 violence as defined by s. 741.28 or has reasonable cause to
3041 believe he or she is in imminent danger of becoming a victim of
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Amendment No. 1
3042 domestic violence, the court may grant such relief as the court
3043 deems proper, including an injunction:
3044 1. Restraining the respondent from committing any acts of
3045 domestic violence.
3046 2. Awarding to the petitioner the exclusive use and
3047 possession of the dwelling that the parties share or excluding
3048 the respondent from the residence of the petitioner.
3049 3. On the same basis as provided in chapter 61, providing
3050 the petitioner with 100 percent of the time-sharing in a
3051 temporary parenting plan that remains in effect until the order
3052 expires or an order is entered by a court of competent
3053 jurisdiction in a pending or subsequent civil action or
3054 proceeding affecting the placement of, access to, parental time
3055 with, adoption of, or parental rights and responsibilities for
3056 the minor child.
3057 4. If the petitioner and respondent have an existing
3058 parenting plan or time-sharing schedule under another court
3059 order, designating that the exchange of the minor child or
3060 children of the parties must occur at a neutral safe exchange
3061 location as provided in s. 125.01(8) or a location authorized by
3062 a supervised visitation program as defined in s. 753.01 if the
3063 court determines it is in the best interests of the child after
3064 consideration of all of the factors specified in s. 61.13(3).
3065 5. On the same basis as provided in chapter 61,
3066 establishing temporary support for a minor child or children or
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Amendment No. 1
3067 the petitioner. An order of temporary support remains in effect
3068 until the order expires or an order is entered by a court of
3069 competent jurisdiction in a pending or subsequent civil action
3070 or proceeding affecting child support.
3071 6. Ordering the respondent to participate in treatment,
3072 intervention, or counseling services to be paid for by the
3073 respondent. When the court orders the respondent to participate
3074 in a batterers' intervention program, the court, or any entity
3075 designated by the court, must provide the respondent with a list
3076 of batterers' intervention programs from which the respondent
3077 must choose a program in which to participate.
3078 7. Referring a petitioner to a certified domestic violence
3079 center. The court must provide the petitioner with a list of
3080 certified domestic violence centers in the circuit which the
3081 petitioner may contact.
3082 8. Awarding to the petitioner the exclusive care,
3083 possession, or control of an animal that is owned, possessed,
3084 harbored, kept, or held by the petitioner, the respondent, or a
3085 minor child residing in the residence or household of the
3086 petitioner or respondent. The court may order the respondent to
3087 have no contact with the animal and prohibit the respondent from
3088 taking, transferring, encumbering, concealing, harming, or
3089 otherwise disposing of the animal. This subparagraph does not
3090 apply to an animal owned primarily for a bona fide agricultural
3091 purpose, as defined under s. 193.461, or to a service animal, as
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Amendment No. 1
3092 defined under s. 413.08, if the respondent is the service
3093 animal's handler.
3094 9. Ordering such other relief as the court deems necessary
3095 for the protection of a victim of domestic violence, including
3096 injunctions or directives to law enforcement agencies, as
3097 provided in this section.
3098 Section 107. For the purpose of incorporating the
3099 amendment made by this act to section 193.461, Florida Statutes,
3100 in a reference thereto, paragraph (a) of subsection (5) of
3101 section 810.011, Florida Statutes, is reenacted to read:
3102 810.011 Definitions.—As used in this chapter:
3103 (5)(a) "Posted land" is land upon which any of the
3104 following are placed:
3105 1. Signs placed not more than 500 feet apart along and at
3106 each corner of the boundaries of the land or, for land owned by
3107 a water control district that exists pursuant to chapter 298 or
3108 was created by special act of the Legislature, signs placed at
3109 or near the intersection of any district canal right-of-way and
3110 a road right-of-way or, for land classified as agricultural
3111 pursuant to s. 193.461, signs placed at each point of ingress
3112 and at each corner of the boundaries of the agricultural land,
3113 which prominently display in letters of not less than 2 inches
3114 in height the words "no trespassing" and the name of the owner,
3115 lessee, or occupant of the land. The signs must be placed along
3116 the boundary line of posted land in a manner and in such
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Amendment No. 1
3117 position as to be clearly noticeable from outside the boundary
3118 line; or
3119 2.a. A conspicuous no trespassing notice is painted on
3120 trees or posts on the property, provided that the notice is:
3121 (I) Painted in an international orange color and
3122 displaying the stenciled words "No Trespassing" in letters no
3123 less than 2 inches high and 1 inch wide either vertically or
3124 horizontally;
3125 (II) Placed so that the bottom of the painted notice is
3126 not less than 3 feet from the ground or more than 5 feet from
3127 the ground; and
3128 (III) Placed at locations that are readily visible to any
3129 person approaching the property and no more than 500 feet apart
3130 on agricultural land.
3131 b. When a landowner uses the painted no trespassing
3132 posting to identify a no trespassing area, those painted notices
3133 must be accompanied by signs complying with subparagraph 1. and
3134 must be placed conspicuously at all places where entry to the
3135 property is normally expected or known to occur.
3136 Section 108. For the purpose of incorporating the
3137 amendment made by this act to section 193.461, Florida Statutes,
3138 in a reference thereto, subsection (6) of section 823.14,
3139 Florida Statutes, is reenacted to read:
3140 823.14 Florida Right to Farm Act.—
3141 (6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION.—It
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Amendment No. 1
3142 is the intent of the Legislature to eliminate duplication of
3143 regulatory authority over farm operations as expressed in this
3144 subsection. Except as otherwise provided for in this section and
3145 s. 487.051(2), and notwithstanding any other provision of law, a
3146 local government may not adopt any ordinance, regulation, rule,
3147 or policy to prohibit, restrict, regulate, or otherwise limit an
3148 activity of a bona fide farm operation on land classified as
3149 agricultural land pursuant to s. 193.461, where such activity is
3150 regulated through implemented best management practices or
3151 interim measures developed by the Department of Environmental
3152 Protection, the Department of Agriculture and Consumer Services,
3153 or water management districts and adopted under chapter 120 as
3154 part of a statewide or regional program. When an activity of a
3155 farm operation takes place within a wellfield protection area as
3156 defined in any wellfield protection ordinance adopted by a local
3157 government, and the adopted best management practice or interim
3158 measure does not specifically address wellfield protection, a
3159 local government may regulate that activity pursuant to such
3160 ordinance. This subsection does not limit the powers and duties
3161 provided for in s. 373.4592 or limit the powers and duties of
3162 any local government to address an emergency as provided for in
3163 chapter 252.
3164 Section 109. For the purpose of incorporating the
3165 amendment made by this act to section 388.271, Florida Statutes,
3166 in a reference thereto, paragraph (a) of subsection (1) of
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Bill No. HB 651 (2025)
Amendment No. 1
3167 section 189.062, Florida Statutes, is reenacted to read:
3168 189.062 Special procedures for inactive districts.—
3169 (1) The department shall declare inactive any special
3170 district in this state by documenting that:
3171 (a) The special district meets one of the following
3172 criteria:
3173 1. The registered agent of the district, the chair of the
3174 governing body of the district, or the governing body of the
3175 appropriate local general-purpose government notifies the
3176 department in writing that the district has taken no action for
3177 2 or more years;
3178 2. The registered agent of the district, the chair of the
3179 governing body of the district, or the governing body of the
3180 appropriate local general-purpose government notifies the
3181 department in writing that the district has not had a governing
3182 body or a sufficient number of governing body members to
3183 constitute a quorum for 2 or more years;
3184 3. The registered agent of the district, the chair of the
3185 governing body of the district, or the governing body of the
3186 appropriate local general-purpose government fails to respond to
3187 an inquiry by the department within 21 days;
3188 4. The department determines, pursuant to s. 189.067, that
3189 the district has failed to file any of the reports listed in s.
3190 189.066;
3191 5. The district has not had a registered office and agent
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Bill No. HB 651 (2025)
Amendment No. 1
3192 on file with the department for 1 or more years;
3193 6. The governing body of a special district provides
3194 documentation to the department that it has unanimously adopted
3195 a resolution declaring the special district inactive. The
3196 special district is responsible for payment of any expenses
3197 associated with its dissolution;
3198 7. The district is an independent special district or a
3199 community redevelopment district created under part III of
3200 chapter 163 that has reported no revenue, no expenditures, and
3201 no debt under s. 189.016(9) or s. 218.32 for at least 5
3202 consecutive fiscal years beginning no earlier than October 1,
3203 2018. This subparagraph does not apply to a community
3204 development district established under chapter 190 or to any
3205 independent special district operating pursuant to a special act
3206 that provides that any amendment to chapter 190 to grant
3207 additional powers constitutes a power of that district; or
3208 8. For a mosquito control district created pursuant to
3209 chapter 388, the department has received notice from the
3210 Department of Agriculture and Consumer Services that the
3211 district has failed to file a tentative work plan and tentative
3212 detailed work plan budget as required by s. 388.271.
3213 Section 110. For the purpose of incorporating the
3214 amendment made by this act to section 388.271, Florida Statutes,
3215 in a reference thereto, subsection (7) of section 388.261,
3216 Florida Statutes, is reenacted to read:
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Bill No. HB 651 (2025)
Amendment No. 1
3217 388.261 State aid to counties and districts for arthropod
3218 control; distribution priorities and limitations.—
3219 (7) The department may use state funds appropriated for a
3220 county or district under subsection (1) or subsection (2) to
3221 provide state mosquito or other arthropod control equipment,
3222 supplies, or services when requested by a county or district
3223 eligible to receive state funds under s. 388.271.
3224 Section 111. For the purpose of incorporating the
3225 amendment made by this act to section 482.161, Florida Statutes,
3226 in a reference thereto, paragraph (b) of subsection (3) of
3227 section 482.072, Florida Statutes, is reenacted to read:
3228 482.072 Pest control customer contact centers.—
3229 (3)
3230 (b) Notwithstanding any other provision of this section:
3231 1. A customer contact center licensee is subject to
3232 disciplinary action under s. 482.161 for a violation of this
3233 section or a rule adopted under this section committed by a
3234 person who solicits pest control services or provides customer
3235 service in a customer contact center.
3236 2. A pest control business licensee may be subject to
3237 disciplinary action under s. 482.161 for a violation of this
3238 section or a rule adopted under this section committed by a
3239 person who solicits pest control services or provides customer
3240 service in a customer contact center operated by a licensee if
3241 the licensee participates in the violation.
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Amendment No. 1
3242 Section 112. For the purpose of incorporating the
3243 amendment made by this act to section 482.161, Florida Statutes,
3244 in a reference thereto, section 482.163, Florida Statutes, is
3245 reenacted to read:
3246 482.163 Responsibility for pest control activities of
3247 employee.—Proper performance of pest control activities by a
3248 pest control business employee is the responsibility not only of
3249 the employee but also of the certified operator in charge, and
3250 the certified operator in charge may be disciplined pursuant to
3251 the provisions of s. 482.161 for the pest control activities of
3252 an employee. A licensee may not automatically be considered
3253 responsible for violations made by an employee. However, the
3254 licensee may not knowingly encourage, aid, or abet violations of
3255 this chapter.
3256 Section 113. For the purpose of incorporating the
3257 amendment made by this act to section 487.044, Florida Statutes,
3258 in a reference thereto, section 487.156, Florida Statutes, is
3259 reenacted to read:
3260 487.156 Governmental agencies.—All governmental agencies
3261 shall be subject to the provisions of this part and rules
3262 adopted under this part. Public applicators using or supervising
3263 the use of restricted-use pesticides shall be subject to
3264 examination as provided in s. 487.044.
3265 Section 114. For the purpose of incorporating the
3266 amendment made by this act to section 496.405, Florida Statutes,
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Bill No. HB 651 (2025)
Amendment No. 1
3267 in a reference thereto, subsection (2) of section 496.4055,
3268 Florida Statutes, is reenacted to read:
3269 496.4055 Charitable organization or sponsor board duties.—
3270 (2) The board of directors, or an authorized committee
3271 thereof, of a charitable organization or sponsor required to
3272 register with the department under s. 496.405 shall adopt a
3273 policy regarding conflict of interest transactions. The policy
3274 shall require annual certification of compliance with the policy
3275 by all directors, officers, and trustees of the charitable
3276 organization. A copy of the annual certification shall be
3277 submitted to the department with the annual registration
3278 statement required by s. 496.405.
3279 Section 115. For the purpose of incorporating the
3280 amendment made by this act to section 496.405, Florida Statutes,
3281 in references thereto, subsections (2) and (4) of section
3282 496.406, Florida Statutes, are reenacted to read:
3283 496.406 Exemption from registration.—
3284 (2) Before soliciting contributions, a charitable
3285 organization or sponsor claiming to be exempt from the
3286 registration requirements of s. 496.405 under paragraph (1)(d)
3287 must submit annually to the department, on forms prescribed by
3288 the department:
3289 (a) The name, street address, and telephone number of the
3290 charitable organization or sponsor, the name under which it
3291 intends to solicit contributions, the purpose for which it is
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Amendment No. 1
3292 organized, and the purpose or purposes for which the
3293 contributions to be solicited will be used.
3294 (b) The tax exempt status of the organization.
3295 (c) The date on which the organization's fiscal year ends.
3296 (d) The names, street addresses, and telephone numbers of
3297 the individuals or officers who have final responsibility for
3298 the custody of the contributions and who will be responsible for
3299 the final distribution of the contributions.
3300 (e) A financial statement of support, revenue, and
3301 expenses and a statement of functional expenses that must
3302 include, but not be limited to, expenses in the following
3303 categories: program, management and general, and fundraising. In
3304 lieu of the financial statement, a charitable organization or
3305 sponsor may submit a copy of its Internal Revenue Service Form
3306 990 and all attached schedules or Internal Revenue Service Form
3307 990-EZ and Schedule O.
3308 (4) Exemption from the registration requirements of s.
3309 496.405 does not limit the applicability of other provisions of
3310 this section to a charitable organization or sponsor.
3311 Section 116. For the purpose of incorporating the
3312 amendment made by this act to section 500.12, Florida Statutes,
3313 in a reference thereto, paragraph (a) of subsection (1) of
3314 section 500.80, Florida Statutes, is reenacted to read:
3315 500.80 Cottage food operations.—
3316 (1)(a) A cottage food operation must comply with the
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Amendment No. 1
3317 applicable requirements of this chapter but is exempt from the
3318 permitting requirements of s. 500.12 if the cottage food
3319 operation complies with this section and has annual gross sales
3320 of cottage food products that do not exceed $250,000.
3321 Section 117. For the purpose of incorporating the
3322 amendment made by this act to section 500.172, Florida Statutes,
3323 in a reference thereto, subsection (6) of section 500.121,
3324 Florida Statutes, is reenacted to read:
3325 500.121 Disciplinary procedures.—
3326 (6) If the department determines that a food offered in a
3327 food establishment is labeled with nutrient claims that are in
3328 violation of this chapter, the department shall retest or
3329 reexamine the product within 90 days after notification to the
3330 manufacturer and to the firm at which the product was collected.
3331 If the product is again found in violation, the department shall
3332 test or examine the product for a third time within 60 days
3333 after the second notification. The product manufacturer shall
3334 reimburse the department for the cost of the third test or
3335 examination. If the product is found in violation for a third
3336 time, the department shall exercise its authority under s.
3337 500.172 and issue a stop-sale or stop-use order. The department
3338 may impose additional sanctions for violations of this
3339 subsection.
3340 Section 118. For the purpose of incorporating the
3341 amendment made by this act to section 790.06, Florida Statutes,
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Bill No. HB 651 (2025)
Amendment No. 1
3342 in a reference thereto, section 790.061, Florida Statutes, is
3343 reenacted to read:
3344 790.061 Judges and justices; exceptions from licensure
3345 provisions.—A county court judge, circuit court judge, district
3346 court of appeal judge, justice of the supreme court, federal
3347 district court judge, or federal court of appeals judge serving
3348 in this state is not required to comply with the provisions of
3349 s. 790.06 in order to receive a license to carry a concealed
3350 weapon or firearm, except that any such justice or judge must
3351 comply with the provisions of s. 790.06(2)(h). The Department of
3352 Agriculture and Consumer Services shall issue a license to carry
3353 a concealed weapon or firearm to any such justice or judge upon
3354 demonstration of competence of the justice or judge pursuant to
3355 s. 790.06(2)(h).
3356 Section 119. This act shall take effect July 1, 2025.
3357
3358 -----------------------------------------------------
3359 T I T L E A M E N D M E N T
3360 Remove everything before the enacting clause and insert:
3361 A bill to be entitled
3362 An act relating to the Department of Agriculture and
3363 Consumer Services; amending s. 110.205, F.S.;
3364 providing that certain positions in the department are
3365 exempt from the Career Service System; amending s.
3366 163.3162, F.S.; providing definitions; prohibiting
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Bill No. HB 651 (2025)
Amendment No. 1
3367 governmental entities from adopting or enforcing any
3368 legislation that inhibits the construction or
3369 installation of housing for legally verified
3370 agricultural workers on agricultural land operated as
3371 a bona fide farm; requiring that the construction or
3372 installation of such housing units on agricultural
3373 lands satisfies certain criteria; requiring that local
3374 ordinances comply with certain regulations;
3375 authorizing governmental entities to adopt local land
3376 use regulations that are less restrictive; requiring
3377 property owners to maintain certain records for a
3378 specified timeframe; requiring that use of a housing
3379 site be discontinued and authorizing the removal of a
3380 such site under certain circumstances; specifying
3381 applicability of permit allocation systems in certain
3382 areas of critical state concern; authorizing the
3383 continued use of housing sites constructed before the
3384 effective date of the act if certain conditions are
3385 met; requiring the department to adopt certain rules;
3386 providing for enforcement; requiring the department to
3387 submit certain information to the State Board of
3388 Immigration Enforcement on a certain schedule;
3389 amending s. 201.25, F.S.; conforming a provision to
3390 changes made by the act; amending s. 253.0341, F.S.;
3391 authorizing the department to surplus certain lands
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Bill No. HB 651 (2025)
Amendment No. 1
3392 determined to be suitable for bona fide agricultural
3393 production; requiring the department to consult with
3394 the Department of Environmental Protection before
3395 making such determination; requiring the Department of
3396 Agriculture and Consumer Services to retain a rural-
3397 lands-protection easement for all surplused lands and
3398 deposit all proceeds into a specified trust fund;
3399 requiring the department to provide a report of lands
3400 surplused to the board of trustees; providing that
3401 certain lands are ineligible to be surplused;
3402 providing for retroactive applicability; amending s.
3403 330.41, F.S.; providing definitions; prohibiting a
3404 person from knowingly or willfully performing certain
3405 actions on lands classified as agricultural or on
3406 private property, state wildlife management lands, or
3407 a sport shooting and training range; providing
3408 criminal penalties; providing applicability; creating
3409 s. 366.20, F.S.; requiring that certain lands acquired
3410 or owned by an electric utility be offered for fee
3411 simple acquisition by the department before the land
3412 may be offered for sale or transferred to a private
3413 individual or entity; providing retroactive
3414 applicability; amending s. 366.94, F.S.; defining the
3415 term "electric vehicle charging station"; authorizing
3416 the department to adopt rules; requiring local
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Amendment No. 1
3417 governmental entities to issue permits for electric
3418 vehicle charging stations based on specified standards
3419 and provisions of law; requiring that an electric
3420 vehicle charger be registered with the department
3421 before being placed into service for use by the
3422 public; providing the department with certain
3423 authority relating to electric vehicle charging
3424 stations; providing a penalty; authorizing the
3425 department to issue an immediate final order to an
3426 electric vehicle charging station under certain
3427 circumstances; providing that the department may bring
3428 an action to enjoin a violation of specified
3429 provisions or rules; requiring the court to issue a
3430 temporary or permanent injunction under certain
3431 circumstances; amending s. 388.011, F.S.; revising the
3432 definition of the terms "board of commissioners" and
3433 "district"; defining the term "program"; amending s.
3434 388.021, F.S.; making a technical change; amending s.
3435 388.181, F.S.; authorizing programs to perform
3436 specified actions; amending s. 388.201, F.S.;
3437 requiring that the tentative work plan budget covering
3438 the proposed operations and requirements for arthropod
3439 control measures show the estimated amount to be
3440 raised by county, municipality, or district taxes;
3441 requiring that county commissioners' or a similar
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Amendment No. 1
3442 governing body's mosquito control budget be made and
3443 adopted pursuant to specified provisions and requiring
3444 that summary figures be incorporated into the county
3445 budgets as prescribed by the department; amending s.
3446 388.241, F.S.; providing that certain rights, powers,
3447 and duties be vested in the board of county
3448 commissioners or similar governing body of a county,
3449 city, or town; amending s. 388.261, F.S.; increasing
3450 the amount of state funds, supplies, services, or
3451 equipment for a certain number of years for any new
3452 program for the control of mosquitos and other
3453 arthropods which serves an area not previously served
3454 by a county, municipality, or district; amending s.
3455 388.271, F.S.; requiring each program participating in
3456 arthropod control activities to file a tentative
3457 integrated arthropod management plan with the
3458 department by a specified date; conforming provisions
3459 to changes made by the act; amending s. 388.281, F.S.;
3460 requiring that all funds, supplies, and services
3461 released to programs be used in accordance with the
3462 integrated arthropod management plan and certified
3463 budget; requiring that such integrated arthropod
3464 management plan and certified budget be approved by
3465 both the department and the board of county
3466 commissioners and an appropriate representative;
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Amendment No. 1
3467 conforming provisions to changes made by the act;
3468 amending s. 388.291, F.S.; providing that a program
3469 may perform certain source reduction measures in any
3470 area providing that the department has approved the
3471 operating or construction plan as outlined in the
3472 integrated arthropod management plan; conforming
3473 provisions to changes made by the act; amending s.
3474 388.301, F.S.; revising the schedule by which state
3475 funds for the control of mosquitos and other
3476 arthropods may be paid; amending ss. 388.311 and
3477 388.321, F.S.; conforming provisions to changes made
3478 by the act; amending s. 388.322, F.S.; requiring the
3479 department to maintain a record and inventory of
3480 certain property purchased with state funds for
3481 arthropod control use; amending s. 388.323, F.S.;
3482 providing that certain equipment no longer needed by a
3483 program be first offered for sale to other programs
3484 engaged in arthropod control at a specified price;
3485 requiring that all proceeds from the sale of certain
3486 property owned by a program and purchased using state
3487 funds be deposited in the program's state fund
3488 account; amending s. 388.341, F.S.; requiring a
3489 program receiving state aid to submit a monthly report
3490 of all expenditures from all funds for arthropod
3491 control by a specified timeframe as may be required by
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Amendment No. 1
3492 the department; amending ss. 388.351 and 388.361,
3493 F.S.; conforming provisions to changes made by the
3494 act; amending s. 388.3711, F.S.; revising the
3495 department's enforcement powers; amending ss. 388.381,
3496 388.391, and 388.401, F.S.; conforming provisions to
3497 changes made by the act; amending s. 388.46, F.S.;
3498 revising the composition of the Florida Coordinating
3499 Council on Mosquito Control; amending s. 403.067,
3500 F.S.; providing an exception for inspection
3501 requirements for certain agricultural producers;
3502 authorizing the department to adopt rules establishing
3503 an enrollment in best management practices by rule
3504 process; authorizing the department to identify best
3505 management practices for specified landowners;
3506 requiring the department to perform onsite inspections
3507 annually of a certain percentage of all enrollments
3508 that meet specified qualifications within a specified
3509 area; providing requirements for such inspections;
3510 requiring agricultural producers enrolled by rule in a
3511 best management practice to submit nutrient records
3512 annually to the department; requiring the department
3513 to collect and retain such records; amending s.
3514 403.852, F.S.; defining the term "water quality
3515 additive"; amending s. 403.859, F.S.; providing that
3516 the use of certain additives in a water system which
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Bill No. HB 651 (2025)
Amendment No. 1
3517 do not meet the definition of water quality additive
3518 or certain other additives is prohibited and violates
3519 specified provisions; amending s. 482.111, F.S.;
3520 revising requirements for the renewal of a pest
3521 control operator's certificate; authorizing a third-
3522 party vendor to collect and retain a convenience fee;
3523 amending s. 482.141, F.S.; requiring the department to
3524 provide in-person and remote testing for the
3525 examination through a third-party vendor for an
3526 individual seeking pest control operator
3527 certification; authorizing a third-party vendor to
3528 collect and retain a convenience fee; amending s.
3529 482.155, F.S.; requiring the department to provide in-
3530 person and remote testing for the examination through
3531 a third-party vendor for an individual seeking limited
3532 certification for a governmental pesticide applicator
3533 or a private applicator; authorizing a third-party
3534 vendor to collect and retain a convenience fee;
3535 deleting provisions requiring the department to make
3536 such examination readily accessible and available to
3537 all applicants on a specified schedule; amending s.
3538 482.156, F.S.; requiring the department to provide in-
3539 person and remote testing for the examination through
3540 a third-party vendor for an individual seeking a
3541 limited certification for commercial landscape
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Amendment No. 1
3542 maintenance; authorizing a third-party vendor to
3543 collect and retain a convenience fee; removing
3544 provisions requiring the department to make such
3545 examination readily accessible and available to all
3546 applicants on a specified schedule; amending s.
3547 482.157, F.S.; revising requirements for issuance of a
3548 limited certification for commercial wildlife
3549 management personnel; authorizing a third-party vendor
3550 to collect and retain a convenience fee; deleting
3551 provisions requiring the department to make an
3552 examination readily accessible and available to all
3553 applicants on a specified schedule; amending s.
3554 482.161, F.S.; authorizing the department to take
3555 specified disciplinary action upon the issuance of a
3556 final order imposing civil penalties or a criminal
3557 conviction pursuant to the Federal Insecticide,
3558 Fungicide, and Rodenticide Act; amending s. 487.044,
3559 F.S.; requiring the department to provide in-person
3560 and remote testing through a third-party vendor for
3561 the examination of an individual seeking a limited
3562 certification for pesticide application; authorizing a
3563 third-party vendor to collect and retain a convenience
3564 fee; amending s. 487.175, F.S.; providing that the
3565 department may suspend, revoke, or deny licensure of a
3566 pesticide applicator upon issuance of a final order to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3567 a licensee which imposes civil penalties or a criminal
3568 conviction under the Federal Insecticide, Fungicide,
3569 and Rodenticide Act; amending s. 496.404, F.S.;
3570 defining the terms "controlling interest," "foreign
3571 country of concern," and "foreign source of concern";
3572 amending s. 496.405, F.S.; revising which documents a
3573 charitable organization or sponsor must file before
3574 engaging in specified activities; requiring that any
3575 changes to such documents be reported to the
3576 department on a specified form in a specified
3577 timeframe; revising the requirements of the charitable
3578 organization's initial registration statement;
3579 authorizing the department to investigate or refer to
3580 the Florida Elections Commission certain violations of
3581 the charitable organization or sponsor; amending s.
3582 496.415, F.S.; prohibiting specified persons from
3583 soliciting or accepting anything of value from a
3584 foreign source of concern; amending s. 496.417, F.S.;
3585 authorizing the department to investigate or refer to
3586 the Florida Elections Commission certain violations of
3587 a charitable organization or sponsor; amending s.
3588 496.419, F.S.; providing penalties for a charitable
3589 organization or sponsor whose registration is denied
3590 or revoked for submitting a false attestation;
3591 creating s. 496.431, F.S.; requiring the department to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3592 create the Honest Service Registry to provide
3593 residents with information relating to charitable
3594 organizations; requiring a charitable organization
3595 included in the Honest Services Registry to submit an
3596 attestation statement to the department; requiring the
3597 department to publish the Honest Services Registry on
3598 the department's website; requiring the department to
3599 adopt rules; amending s. 500.03, F.S.; revising the
3600 definition of the term "cottage food product";
3601 amending s. 500.12, F.S.; providing that the
3602 department requires a food permit from any person or
3603 business that operates a food establishment; revising
3604 exceptions; revising the schedule for renewing certain
3605 food permits; authorizing the department to establish
3606 a single permit renewal date for certain food
3607 establishments; amending s. 500.166, F.S.; requiring
3608 certain persons engaged in interstate commerce to
3609 retain all records that show certain information for a
3610 specified timeframe; amending s. 500.172, F.S.;
3611 authorizing the department to facilitate the
3612 destruction of certain articles that violate specified
3613 provisions; prohibiting certain persons from certain
3614 actions without permission from, or in accord with a
3615 written agreement with, the department; creating s.
3616 500.75, F.S.; providing that it is unlawful to import,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3617 sell, offer for sale, furnish, or give away certain
3618 spores or mycelium; providing penalties; creating s.
3619 500.93, F.S.; providing definitions; requiring the
3620 department to adopt rules to enforce the Food and Drug
3621 Administration's standard of identity for milk, meat,
3622 poultry, and eggs to prohibit the sale of plant-based
3623 products mislabeled as milk, meat, poultry, or eggs;
3624 providing contingent effective dates; requiring the
3625 department to adopt rules; providing construction;
3626 repealing s. 501.135, F.S., relating to consumer unit
3627 pricing; amending s. 501.912, F.S.; revising the
3628 definition of the term "antifreeze"; creating s.
3629 525.19, F.S.; requiring the department to create an
3630 annual petroleum registration program for petroleum
3631 owners or operators; requiring the department to adopt
3632 rules for such registration which include specified
3633 information; requiring that the registration program
3634 be free for all registrants; authorizing the
3635 department to require registrants to provide certain
3636 information during a state of emergency; creating s.
3637 526.147, F.S.; creating the Florida Retail Fuel
3638 Transfer Switch Modernization Grant Program within the
3639 department; requiring the grant program to provide
3640 funds up to a certain amount to be used for
3641 installation and equipment costs relating to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3642 installing or modernizing transfer switch
3643 infrastructure at retail fuel facilities; requiring
3644 the department to award funds based on specified
3645 criteria; requiring retail fuel facilities awarded
3646 grant funds to comply with specified provisions;
3647 requiring such facilities to install a transfer switch
3648 with specified capabilities; requiring retail fuel
3649 facilities to provide specified documentation before
3650 being awarded funding; prohibiting certain facilities
3651 from being awarded funding; requiring the department,
3652 in consultation with the Division of Emergency
3653 Management, to adopt rules; requiring that such rules
3654 include specified information; amending s. 531.48,
3655 F.S.; requiring that certain packages bear specified
3656 information on the outside of the package; amending s.
3657 531.49, F.S.; revising requirements for the
3658 advertising of a packaged commodity; amending s.
3659 564.06, F.S.; conforming a provision to changes made
3660 by the act; amending s. 570.07, F.S.; requiring the
3661 department to foster and encourage the employment and
3662 retention of qualified veterinary pathologists;
3663 providing that the department may reimburse the
3664 educational expenses of certain veterinary
3665 pathologists who enter into a certain agreement with
3666 the department; requiring the department to adopt
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3667 certain rules; requiring the department to extend
3668 certain opportunities to public school students
3669 enrolled in agricultural education to support Future
3670 Farmers of America programming; requiring the
3671 department to use contracts procured by agencies;
3672 defining the term "agency"; amending s. 570.544, F.S.;
3673 revising which provisions the director of the Division
3674 of Consumer Services must enforce; creating s.
3675 570.546, F.S.; authorizing the department to create a
3676 process for the bulk renewal of licenses; authorizing
3677 the department to create a process that will allow
3678 licensees to align the expiration dates of licenses
3679 within a specified program; authorizing the department
3680 to change the expiration date for current licenses for
3681 a certain purpose; requiring the department to prorate
3682 the licensing fee for certain licenses; requiring the
3683 department to adopt rules; amending s. 570.694, F.S.;
3684 creating the Florida Aquaculture Foundation as a
3685 direct support organization within the department;
3686 providing the purpose of the foundation; providing
3687 governance for the foundation; authorizing the
3688 department to appoint an advisory committee adjunct to
3689 the foundation; amending s. 570.822, F.S.; revising
3690 the definition of the terms "declared natural
3691 disaster" and "program"; providing that loan funds
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3692 from the department may be used to restock
3693 aquaculture; authorizing the department to renew a
3694 loan application under certain circumstances;
3695 authorizing the department to defer or waive loan
3696 payments under certain circumstances; creating s.
3697 570.823, F.S.; providing definitions; establishing the
3698 silviculture emergency recovery program within the
3699 department to administer a grant program to assist
3700 certain timber landowners; requiring that such grants
3701 be used for certain purposes; requiring that only
3702 timber lands located on agricultural property are
3703 eligible for the program; requiring the department to
3704 coordinate with state agencies to provide financial
3705 assistance to timber landowners after a specified
3706 declared emergency; providing construction;
3707 authorizing the department to adopt rules; providing
3708 construction; amending s. 581.1843, F.S.; removing
3709 provisions that exclude certain citrus nurseries from
3710 certain requirements and that regulate areas around
3711 the perimeter of commercial citrus nurseries;
3712 repealing ss. 593.101, 593.102, 593.103, 593.104,
3713 593.105, 593.106, 593.107, 593.108, 593.109, 593.11,
3714 593.111, 593.112, 593.113, 593.114, 593.1141,
3715 593.1142, 593.115, 593.116, and 593.117, F.S.,
3716 relating to the Florida Boll Weevil Eradication Law;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3717 definitions; powers and duties of Department of
3718 Agriculture and Consumer Services; the entry of
3719 premises to carry out boll weevil eradication
3720 activities and inspections; reports by persons growing
3721 cotton; quarantine areas and the regulation of
3722 articles within a boll weevil eradication zone; the
3723 regulation of collection, transportation,
3724 distribution, and movement of cotton; cooperative
3725 programs for persons engaged in growing, processing,
3726 marketing, or handling cotton; the department's
3727 authority to designate eradication zones, prohibit
3728 planting of cotton, and require participation in
3729 eradication program; regulation of the pasturage of
3730 livestock, entry by persons, and location of honeybee
3731 colonies in eradication zones and other areas;
3732 eligibility for certification of cotton growers'
3733 organization; the certification of cotton growers'
3734 organization; a referendum; an assessment; the
3735 department's authority to enter agreements with the
3736 Farm Service Agency; liens; mandamus or injunction;
3737 penalty for violation; and the handling of moneys
3738 received, respectively; amending s. 595.404, F.S.;
3739 revising the department's powers and duties regarding
3740 school nutrition programs; amending s. 599.002, F.S.;
3741 renaming the Viticulture Advisory Council as the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3742 Florida Wine Advisory Council; revising the membership
3743 of the Florida Wine Advisory Council; amending s.
3744 599.003, F.S.; renaming the State Viticulture Plan as
3745 the State Wine Plan; amending s. 599.004, F.S.;
3746 providing that wineries that fail to recertify
3747 annually or pay a specified licensing fee are subject
3748 to certain actions and costs; amending s. 599.012,
3749 F.S.; conforming provisions to changes made by the
3750 act; amending s. 616.12, F.S.; removing provisions
3751 requiring a person who operates a minstrel show in
3752 connection with any certain public fairs to pay
3753 specified license taxes; removing a provision that
3754 exempts such person from paying specified taxes;
3755 creating s. 687.16, F.S.; providing a short title;
3756 providing definitions; prohibiting a financial
3757 institution from discriminating in the provision of
3758 financial services to an agricultural producer based
3759 on an ESG factor; providing an inference with regard
3760 to a certain violation; providing that the financial
3761 institution may overcome the inference by making
3762 certain demonstrations regarding its denial or
3763 restriction of financial services to an agricultural
3764 producer; authorizing the Attorney General to enforce
3765 specified provisions; providing that a violation of
3766 specified provisions constitutes an unfair and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3767 deceptive trade practice; authorizing the Attorney
3768 General to investigate and seek remedies for such
3769 unfair trade practices; authorizing an aggrieved party
3770 to seek an action for damages; amending s. 741.0305,
3771 F.S.; conforming a cross-reference; amending s.
3772 790.06, F.S.; revising the circumstances under which
3773 the department may temporarily suspend a person's
3774 license to carry a concealed weapon or concealed
3775 firearm or the processing of an application for such
3776 license; requiring the department to notify certain
3777 licensees or applicants of his or her right to a
3778 hearing; requiring that the hearing regarding such
3779 suspension of license be for a limited purpose;
3780 requiring the department to issue an order lifting the
3781 suspension of an applicant's license upon a certain
3782 disposition of the criminal case; requiring that the
3783 suspension remain in effect upon a certain disposition
3784 of the criminal case; providing construction;
3785 providing legislative findings; revising the duties of
3786 the department after the date of receipt of a
3787 completed application for a license to carry a
3788 concealed weapon or concealed firearm; requiring that
3789 a license issued under this section be temporarily
3790 suspended or revoked if the license was issued in
3791 error or if the licensee commits certain actions;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3792 amending s. 812.0151, F.S.; revising the elements of
3793 third degree and second degree felony retail fuel
3794 theft; creating s. 812.136, F.S.; providing
3795 definitions; providing elements for the crime of mail
3796 theft; providing elements of theft of or unauthorized
3797 reproduction of a mail depository key or lock;
3798 providing criminal penalties; amending s. 934.50,
3799 F.S.; removing certain exceptions from the prohibited
3800 uses of drones; creating s. 1013.373, F.S.;
3801 prohibiting a local government from adopting any
3802 measure to limit the activities of public educational
3803 facilities or auxiliary facilities constructed by
3804 certain organizations; requiring that lands used for
3805 agricultural education or for the Future Farmers of
3806 America or 4-H activities be considered agricultural
3807 lands; reenacting s. 295.07(5)(a), F.S., relating to
3808 preference in appointment and retention, to
3809 incorporate the amendment made to s. 110.205, F.S., in
3810 a reference thereto; reenacting ss. 125.01(1)(r),
3811 163.3162(3)(a), (b), (c), and (d), 163.3163(3)(c),
3812 163.3164(4), 163.3194(5), 170.01(4), 193.052(2),
3813 193.4615, 212.08(5)(a) and (19)(a), 373.406(2),
3814 403.182(11)(a), 403.9337(4), 472.029(2)(d),
3815 474.2021(5), 474.2165(4)(d), 487.081(6), 570.85(1),
3816 570.87(1), 570.94(3), 582.19(1)(a), 586.055,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3817 604.50(2)(a) and (d), 604.73(3)(b), 692.201(1),
3818 741.30(5)(a) and (6)(a), 810.011(5)(a), and 823.14(6),
3819 F.S., relating to powers and duties; agricultural
3820 lands and practices; applications for development
3821 permits; community planning act; legal status of
3822 comprehensive plan; authority for providing
3823 improvements and levying and collecting special
3824 assessments against property benefited; preparation
3825 and serving of returns; assessment of obsolete
3826 agricultural equipment; storage tax; exemptions; local
3827 pollution control programs; the Model Ordinance for
3828 Florida-Friendly Fertilizer Use on Urban Landscapes;
3829 authorization to enter lands of third parties;
3830 veterinary telehealth; ownership and control of
3831 veterinary medical patient records; exemptions;
3832 agritourism; agritourism participation impact on land
3833 classification; best management practices for
3834 wildlife; qualifications and tenure of supervisors;
3835 location of apiaries; nonresidential farm buildings;
3836 urban agriculture pilot projects; definitions;
3837 domestic violence; definitions; and the Florida Right
3838 to Farm Act, respectively, to incorporate the
3839 amendment made to s. 193.461, F.S., in references
3840 thereto; reenacting ss. 189.062(1)(a) and 388.261(7),
3841 F.S., relating to special procedures for inactive
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 651 (2025)
Amendment No. 1
3842 districts and state aid to counties and districts for
3843 arthropod control, respectively, to incorporate the
3844 amendment made to s. 388.271, F.S., in references
3845 thereto; reenacting ss. 482.072(3)(b) and 482.163,
3846 F.S., relating to pest control customer contact
3847 centers and responsibility for pest control activities
3848 of employee, respectively, to incorporate the
3849 amendment made to s. 482.161, F.S., in references
3850 thereto; reenacting s. 487.156, F.S., relating to
3851 governmental agencies, to incorporate the amendment
3852 made to s. 487.044, F.S., in a reference thereto;
3853 reenacting ss. 496.4055(2) and 496.406(2) and (4),
3854 F.S., relating to charitable organization or sponsor
3855 board duties and exemption from registration,
3856 respectively, to incorporate the amendment made to s.
3857 496.405, F.S., in references thereto; reenacting s.
3858 500.80(1)(a), F.S., relating to cottage food
3859 operations, to incorporate the amendment made to s.
3860 500.12, F.S., in a reference thereto; reenacting s.
3861 500.121(6), F.S., relating to disciplinary procedures,
3862 to incorporate the amendment made to s. 500.172, F.S.,
3863 in a reference thereto; reenacting s. 790.061, F.S.,
3864 relating to judges and justices, to incorporate the
3865 amendment made to s. 790.06, F.S., in a reference
3866 thereto; providing an effective date.
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HB 665
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 665 COMPANION BILL: SB 482 (DiCeglie)
TITLE: Local Government Impact Fees and Development LINKED BILLS: None
Permits and Orders RELATED BILLS: None
SPONSOR(S): Steele
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
SUMMARY
Effect of the Bill:
The bill prohibits a local government from requiring an applicant for a development permit or development order
to install a work of art, pay a fee for a work of art, or reimburse the local government for any costs that the local
government may incur related to a work of art, as a condition of processing or issuing the development permit or
development order.
The bill also amends the Florida Impact Fee Act (Act) to define “extraordinary circumstances” and requires a local
government seeking to increase an impact fee rate beyond the phase-in limitations established by the Act to
identify in its demonstrated-need study the specific projects that will benefit, and how such projects will benefit,
from exceeding the Act’s phase-in limitations on increases in impact fees.
Fiscal or Economic Impact:
The bill has an indeterminate impact on the private sector and local governments.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Development Permits and Orders
The bill prohibits a local government1 from requiring an applicant to install a work of art, pay a fee for a work of
art, or reimburse the local government for any costs that the local government may incur related to a work of art,
as a condition of processing or issuing a development permit or development order. (Section 1 for counties;
Section 3 for municipalities.)
Florida Impact Fee Act
For purposes of the Florida Impact Fee Act (Act), the bill defines “extraordinary circumstances” to mean:
For a county, that the permanent population estimate determined for the county by the University of
Florida Bureau of Economic and Business Research (UF Bureau) is at least 1.25 times the 5-year high-series
population projection for the county as published by the UF Bureau before the year of the population
estimate; or
For a municipality, that the municipality is located within a county with a permanent population estimate
described above, and the municipality demonstrates that it has maintained a proportionate share of the
county’s population growth during the preceding 5-year period. (Section 2.)
1 Local government means any county or municipality. See s. 163.3164(29), F.S.
STORAGE NAME: h0665.HAT
DATE: 3/14/2025
1
Additionally, the bill requires a local government seeking to increase an impact fee rate beyond the phase-in
limitations established by the Act to identify in its demonstrated-need study,2 the specific projects that will benefit,
and how such projects will benefit, from exceeding the Act’s phase-in limitations on increases in impact fees.
(Section 2.)
The bill has an effective date of July 1, 2025. (Section 4.)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill has an indeterminate impact on local governments that condition the approval of a development permit or
order on an applicant installing a work of art, paying a fee for a work of art, or reimbursing the local government
for any costs incurred related to a work of art. The cities and counties that have such requirements regarding
works of art will no longer be able to use public funds to subsidize the construction of art in those communities.
PRIVATE SECTOR:
The bill has an indeterminate impact on developers.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Development-Funded Public Art
Under current law, local governments in Florida are not prohibited from requiring an applicant to install a work of
art, pay a fee for a work of art, or reimburse the local government for any costs that the local government may
incur related to a work of art, as a condition of the local government processing or issuing a development permit3
or development order.4 In fact, some counties and cities in Florida currently have ordinances that do just that.
As an example, the City of Naples requires all proposed projects containing new non-residential square footage,
and all mixed-use projects to the extent that non-residential square footage is included, to either:
Pay an established fee5 into the public art fund,6 which is non-refundable; or
Obtain approval to acquire and install artwork on site for the proposed project. The artwork may be either
an existing piece or a commissioned piece of art that is of equal or greater value than the established fee.
The developer pays the established fee, which is then held in escrow and reimbursed to the developer as
the artwork is acquired and installed.7
Similarly, the City of Tampa requires private developers that construct certain commercial structures to
contribute one percent of the construction or reconstruction costs up to $200,000 dollars to “the provision of fine
2 The purpose of the study is to demonstrate the need for a local government to exceed the phase-in limitations for an increase
in impact fees, as provided by the Act. S. 163.3180(6)(g)1., F.S.
3 A development permit includes any building permit, zoning permit, subdivision approval, rezoning, certification, special
exception, variance, or any other official action of local government having the effect of permitting the development of land. S.
163.3164(16), F.S.
4 A development order means any order that grants, denies, or grants with conditions an application for a development order.
S. 163.3164(15), F.S.
5 Established fee means the fee determined by resolution of the Naples City Council and reflected in Appendix A to Naples’
Code of Ordinances, which provides that the fee is $1.00 per square foot. The fee is required to be paid when the permit is
issued. Id.
6 Public art fund means the fund used to record revenues and expenditures for the City of Naples’ public art program. Id.
7 See Ord. No. 06-11447, codified as sections 46-42 of the Code of Ordinances, City of Naples, Fla. (Nov. 22, 2024),
https://library.municode.com/fl/naples/codes/code_of_ordinances?nodeId=PTIICOOR_CH46ADPREN (last visited Mar. 12,
2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
art in conjunction with” the commercial structure to be built.8 Alternatively, if the private developer or owner does
not want to provide fine art, then the developer or owner may make a charitable donation of one percent of the
construction or reconstruction costs to the City of Tampa.9
On the other hand, the City of Fort Meyers encourages, rather than requires, private developers to fund public art.10
Impact Fees
Impact fees are a type of regulatory fee “imposed by local governments against new development to provide for
capital facilities’ costs made necessary by population growth. Rather than imposing the costs of these additional
capital facilities upon the general public, the purpose of impact fees is to shift the expense burden to newcomers.”11
Examples of capital facilities include the provision of additional water and sewer systems, schools, libraries, parks
and recreation facilities.12 Impact fees are typically assessed using a fee schedule that sets forth the charge per type
of dwelling unit or per square footage of floor space.13 The charges are usually paid at the time the building permit
is approved.14
The Florida Impact Fee Act (Act) provides requirements and procedures to be followed by a county, municipality,
or special district when it adopts an impact fee.15 These requirements include basing an impact fee’s calculation on
recent and localized data and detailed accounting and reporting of collections and expenditures.16
Under the Act, a local government, school district, or special district may increase an impact fee rate beyond
certain phase-in limitations17 by establishing the need for the increase, provided the following criteria are met:
A demonstrated-need study justifying any increase in excess of those authorized by the Act has been
completed within the 12 months before the adoption of the impact fee increase and expressly
demonstrates the extraordinary circumstances necessitating the need to exceed the phase-in limitations.
The local government jurisdiction has held not less than two publicly noticed workshops dedicated to the
extraordinary circumstances necessitating the need to exceed the phase-in limitations set forth in the Act.
The impact fee increase ordinance is approved by at least a two-thirds vote of the governing body.18
University of Florida Bureau of Economic and Business Research
8 See Ord. No. 2000-227, codified as sections 27-436 and 27-441 of the Code of Ordinances, City of Tampa, Fla. (Aug. 31, 2000),
https://www.tampa.gov/art-
programs/Info/ordinance?utm_source=direct&utm_medium=alias&utm_campaign=tampagovnet (last visited Mar. 12, 2025).
9 Id.
10 See Ordinance Ord. No. 3890, codified as section 118.7.6 of the Code of Ordinances, City of Fort Meyers, Fla. (Jan. 1, 2020),
https://library.municode.com/fl/fort_myers/codes/code_of_ordinances?nodeId=SPBLADECO_CH118LAUSRE_ART7COAP_11
8.7.6PUAR (last visited Mar. 12, 2025).
11 Florida’s Office of Economic and Demographic Research, Local Government Financial Information Handbook (Nov. 2016), p.
13, https://edr.state.fl.us/Content/local-government/reports/lgfih16.pdf (last visited Mar. 12, 2025).
12 Florida Housing Finance Corporation, Overview of Impact Fees and Affordable Housing (Oct. 2017), p. 1,
https://www.floridahousing.org/docs/default-source/aboutflorida/august2017/october2017/TAB_3.pdf (last visited Mar.
12, 2025).
13 Id.
14 Id.
15 S. 163.31801, F.S.
16 Supra note 11, p. 1.
17 For purposes of this section in the Act, the phase-in limitations include the following:
An increase to a current impact fee rate of not more than 25 percent of the current rate must be implemented in two
equal annual increments beginning with the date on which the increased fee is adopted.
An increase to a current impact fee rate which exceeds 25 percent but is not more than 50 percent of the current rate
must be implemented in four equal installments beginning with the date the increased fee is adopted.
An impact fee increase may not exceed 50 percent of the current impact fee rate.
An impact fee may not be increased more than once every 4 years. S. 163.31801(6)(b)–(e), F.S.
18 S. 163.31801(6)(g), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The University of Florida Bureau of Economic and Business Research (UF Bureau) was founded in 1929 and is
currently part of the University of Florida’s College of Liberal Arts and Sciences.19 The UF Bureau produces the
state’s official state and local population estimates and projections, which are used for budgeting, planning, policy
analysis, and state revenue-sharing for cities and counties in the state.20 The UF Bureau also publishes the annual
Florida Statistical Abstract, which provides information on Florida’s population, housing, employment, income,
education, health, tourism, elections, and more.21
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/HB 479 Robinson, W. Martin Passed both chambers and
approved by the Governor.
2023 CS/CS/HB 235 Robinson, W. Brodeur Died in the House.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
19 University of Florida Bureau of Economic and Business Research, About Us, https://bebr.ufl.edu/about/ (last visited Mar. 12,
2025).
20 Id.
21 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 665 2025
1 A bill to be entitled
2 An act relating to local government impact fees and
3 development permits and orders; amending s. 125.022,
4 F.S.; prohibiting a county from requiring an applicant
5 to take certain actions as a condition of processing a
6 development permit or development order; amending s.
7 163.31801, F.S.; defining the term "extraordinary
8 circumstances"; requiring that a demonstrated-need
9 study include certain information; amending s.
10 166.033, F.S.; prohibiting a municipality from
11 requiring an applicant to take certain actions as a
12 condition of processing a development permit or
13 development order; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (8) is added to section 125.022,
18 Florida Statutes, to read:
19 125.022 Development permits and orders.—
20 (8) A county may not as a condition of processing or
21 issuing a development permit or development order require an
22 applicant to install a work of art, pay a fee for a work of art,
23 or reimburse the county for any costs that the county may incur
24 related to a work of art.
25 Section 2. Present paragraphs (a) and (b) of subsection
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26 (3) of section 163.31801, Florida Statutes, are redesignated as
27 paragraphs (b) and (c), respectively, a new paragraph (a) is
28 added to that subsection, and paragraph (g) of subsection (6) of
29 that section is amended, to read:
30 163.31801 Impact fees; short title; intent; minimum
31 requirements; audits; challenges.—
32 (3) For purposes of this section, the term:
33 (a) "Extraordinary circumstances" means:
34 1. For a county, that the permanent population estimate
35 determined for the county by the University of Florida Bureau of
36 Economic and Business Research is at least 1.25 times the 5-year
37 high-series population projection for the county as published by
38 the University of Florida Bureau of Economic and Business
39 Research immediately before the year of the population estimate;
40 or
41 2. For a municipality, that the municipality is located
42 within a county with such a permanent population estimate and
43 the municipality demonstrates that it has maintained a
44 proportionate share of the county's population growth during the
45 preceding 5-year period.
46 (6) A local government, school district, or special
47 district may increase an impact fee only as provided in this
48 subsection.
49 (g) A local government, school district, or special
50 district may increase an impact fee rate beyond the phase-in
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51 limitations established under paragraph (b), paragraph (c),
52 paragraph (d), or paragraph (e) by establishing the need for
53 such increase in full compliance with the requirements of
54 subsection (4), provided the following criteria are met:
55 1. A demonstrated-need study justifying any increase in
56 excess of those authorized in paragraph (b), paragraph (c),
57 paragraph (d), or paragraph (e) has been completed within the 12
58 months before the adoption of the impact fee increase and
59 expressly demonstrates the extraordinary circumstances
60 necessitating the need to exceed the phase-in limitations. The
61 demonstrated-need study must identify the specific projects that
62 will benefit, and how such projects will benefit, from exceeding
63 the phase-in limitations.
64 2. The local government jurisdiction has held not less
65 than two publicly noticed workshops dedicated to the
66 extraordinary circumstances necessitating the need to exceed the
67 phase-in limitations set forth in paragraph (b), paragraph (c),
68 paragraph (d), or paragraph (e).
69 3. The impact fee increase ordinance is approved by at
70 least a two-thirds vote of the governing body.
71 Section 3. Subsection (8) is added to section 166.033,
72 Florida Statutes, to read:
73 166.033 Development permits and orders.—
74 (8) A municipality may not as a condition of processing or
75 issuing a development permit or development order require an
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76 applicant to install a work of art, pay a fee for a work of art,
77 or reimburse the municipality for any costs that the
78 municipality may incur related to a work of art.
79 Section 4. This act shall take effect July 1, 2025.
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HB 1157
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1157 COMPANION BILL: SB 1238 (Rodriguez)
TITLE: Verification of Reemployment Assistance Benefit LINKED BILLS: None
Eligibility RELATED BILLS: None
SPONSOR(S): Abbott
Committee References
Housing, Agriculture & Tourism Information Technology Budget & Commerce
Policy
SUMMARY
Effect of the Bill:
The bill adds conditions for disqualification from reemployment assistance; the bill requires the Department of
Commerce to verify a claimant’s eligibility; and the bill requires the consumer-first workforce system to align with
federal regulations and to use artificial intelligence for matching participants with jobs and training.
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on the Department of Commerce.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Reemployment Assistance Benefits
The bill adds the following conditions for disqualification from reemployment assistance:
Failing to contact five prospective employers per week;
Failing to appear on three or more occasions for a scheduled job interview; or
Failing to return to work when recalled to work by their former employer after a temporary layoff. (Section
2).
The bill requires the Department of Commerce (Department) to verify a claimant’s eligibility for reemployment
assistance benefits through the following measures:
Verify the identity of each claimant;
Cross-check the information contained in an initial claim with information in the database of the Systematic
Alien Verification for Entitlements (SAVE) program.
Cross-check the information contained in a claim every two weeks that a claimant files a claim to ensure
that the claimant is:
o Living;
o Not incarcerated; or
o Not already employed. (Section 3).
The bill also requires the Department to take the following actions to verify reemployment assistance benefit
eligibility:
Investigate any claim in this state associated with another existing claim, either in this state or another
state, that indicates suspicious activity.
Scrutinize any claim in this state filed from a foreign Internet Protocol (IP) address.
STORAGE NAME: h1157.HAT
DATE: 3/14/2025
1
Work with the United States Department of Labor, out-of-state workforce agencies, the Department of
Justice, the Department of Law Enforcement, the Office of the Statewide Prosecutor, and other relevant law
enforcement entities, as feasible, to investigate and prosecute fraudulent claims.
Maintain a website and email address for reporting violations by individuals or employers, and annually
notify employers of the Department’s website and email address.
Annually make available on its website:
o The number of successful detections of fraudulent claims;
o The number of claims not paid due to the detection of fraud;
o The number of fraudulent claims paid and the amount paid on those claims;
o The amount recovered from fraudulent overpayments;
o The number of fraudulent claims referred for investigation and possible prosecution; and
o The sources used to cross-check claims during the reporting period. (Section 3).
Consumer-first Workforce System
The bill requires the consumer-first workforce system to include an automated job-matching information system
that is accessible to employers, job seekers, and other users via the Internet, in alignment with the implementation
of 20 C.F.R. § 652.3. (Section 4).
The bill requires the consumer-first workforce system to use artificial intelligence to match participants with jobs
and training opportunities, including assessments of knowledge, skills, and interests to guide the process. (Section
4).
The bill provides an effective date of July 1, 2025. (Section 5).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Department of Commerce may incur indeterminate costs related to the creation, maintenance, and operation
of websites, database checks, and the use of artificial intelligence with the overall impact on the state expenditures
remaining indeterminate. A request for a formal analysis was submitted to the Department of Commerce and to the
Department of Law Enforcement on March 6, 2025.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Unemployment Compensation
The Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who
are unemployed through no fault of their own (as determined under state law) and who meet the requirements of
state law.1 The program is administered as a partnership between the federal government and the states.2
Individual states and the Internal Revenue Service (IRS) collect employer payroll taxes to pay reemployment
assistance benefits.3 Federal collections go to the states for costs of administering state unemployment
1 United States Department of Labor (DOL), State Unemployment Insurance Benefits,
https://oui.doleta.gov/unemploy/uifactsheet.asp (last visited Mar. 13, 2025).
2 DOL, Federal – State Partnership, https://oui.doleta.gov/unemploy/pdf/partnership.pdf (last visited Mar. 13, 2025).
3 Florida Department of Revenue, Florida Reemployment Tax,
https://floridarevenue.com/taxes/taxesfees/Pages/reemployment.aspx (last visited Mar. 13, 2025); Internal Revenue Service,
Federal Unemployment Tax, https://www.irs.gov/individuals/international-taxpayers/federal-unemployment-tax (last visited
Mar. 13, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
compensation and job service programs.4 In addition, Federal funds pay one-half of the cost of extended
unemployment benefits (during periods of high unemployment) and provides for a fund from which states may
borrow, if necessary, to pay benefits.5
States are permitted to set benefit eligibility requirements, the amount and duration of benefits, and the state tax
structure, as long as state law does not conflict with the Federal requirements.6 Florida’s Reemployment Assistance
Program was created by the Legislature in 1937 and the Department of Commerce (Department) is the agency
responsible for its administration.7 The Department contracts with the Florida Department of Revenue to provide
unemployment tax collections services.8
In Florida, which rebranded the unemployment compensation program as the reemployment assistance program
in 2012,9 a qualified claimant may receive benefits equal to 25 percent of wages, not to exceed $6,325 in a benefit
year.10 Benefits range from a minimum of $32 per week to a maximum weekly benefit amount11 of $275, for a
maximum of between 12 weeks and 23 weeks.12
Disqualification for Reemployment Assistance Benefits
An individual shall be disqualified from receiving reemployment assistance benefits for any of the following
reasons, which include, but are not limited to:13
Voluntarily leaving work without good cause, or being discharged by his or her employing unit for
misconduct connected with the work;
Failing to apply for available suitable work when directed by the department or the One-Stop Career
Center, to accept suitable work when offered, or to return to suitable self-employment when directed to do
so;
Making false or fraudulent representations in filing for benefits;
Being discharged from employment due to drug use or rejection from a job offer for failing a drug test; or
Becoming unavailable for work due to incarceration or imprisonment.
Benefit Eligibility
To be eligible for benefits each week of unemployment, a claimant must meet certain requirements, which
generally involve efforts to find new employment, including, but not limited to, the following:14
Completing the Department’s online work registration;
Reporting to the One-Stop Career Center when directed to do so by the local CareerSource board;
Being able and available for work;
Contacting at least 5 prospective employers each week; and
Participating in reemployment services.
Systematic Alien Verification for Entitlements (SAVE) Program
The SAVE program is an online service that verifies immigration status and naturalized U.S. citizenship of
applicants seeking benefits or licenses.15 The program assists registered federal, state, and local government
4 DOL, Unemployment Insurance Tax Topic,
https://oui.doleta.gov/unemploy/uitaxtopic.asp#:~:text=FUTA%20taxes%20are%20calculated%20by,times%20the%20emp
loyer's%20taxable%20wages.&text=Employers%20who%20pay%20their%20state,tax%20paid%20to%20the%20state (last
visited Mar. 13, 2025).
5 Id.
6 DOL, Federal – State Partnership, https://oui.doleta.gov/unemploy/pdf/partnership.pdf (last visited Mar. 13, 2025).
7 Ch. 18402, Laws of Fla.; S. 443.171(1), F.S.; S. 443.011, F.S.
8 S. 443.1316(1), F.S.
9 Ch. 2012-30, Laws of Fla.
10 S. 443.111(5), F.S.
11 S. 443.111(3), F.S. the “weekly benefit amount,” is an amount equal to one twenty-sixth of the total wages for insured work
paid during the quarter of the base period where the wages paid were highest.
12 S. 443.111(5)(c), F.S.
13 S. 443.101, F.S.
14 S. 443.091(1), F.S.,
15 United States Citizenship and Immigration Services (USCIS), Save, https://www.uscis.gov/save (last visited Mar. 13, 2025).
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3
agencies, among others.16 SAVE does not determine eligibility, as that responsibility rests with the benefit-granting
or licensing agency.17
In order for the SAVE program to verify a benefit applicant’s status, the benefit-granting or licensing agency must
submit:18
First name and last name;
Date of birth;
The public benefit(s) requested by the applicant; and
At least one unique immigration identifier such as the Alien Registration Number, I-94, SEVIS ID, I-797, or
Citizenship Certificate Number.
The SAVE program typically provides an initial response within seconds, which is sufficient for most requests. For
additional verification, the response time is 3 federal workdays.19 Additionally, the transaction charges for the
SAVE program’s verification in 2025 are $2.25 per verification case for federal agencies and $1.50 for non-federal
agencies.20 A minimum monthly service charge of $25 applies where at least one SAVE case is submitted by an
agency.21
Consumer-first Workforce System (Workforce System)
The consumer-first workforce system requires the Department of Commerce to consult with the Department of
Education and the Department of Children and Families to implement one statewide automated system that
improves coordination among the required one-stop partners to efficiently and effectively provide workforce and
education programs and services in Florida.22
The Workforce System requires an integrated management system for the one-stop service delivery system that
includes, at a minimum, the following:23
Common registration and intake for required one-stop partners;
Screening for needs and benefits;
Benefit management and career planning;
Case management;
Training benefits management;
Service and training provider management;
Performance reporting;
Executive information and reporting; and
Customer-satisfaction tracking and reporting.
Additionally, the Workforce System must include an automated job-matching information system that is accessible
to employers, job seekers, and other users via the Internet, and that includes, at a minimum, the following:24
Skill match information;
Job market information; and
Service provider information.
Public Labor Exchange Services System – 20 CFR § 652.3
16 Id.
17 Id.
18 USCIS, Verification Process, https://www.uscis.gov/save/about-save/save-verification-process (last visited Mar. 13, 2025).
19 USCIS, SAVE Verification Response Time, https://www.uscis.gov/save/about-save/save-verification-response-time (last
visited Mar. 13, 2025).
20 Id.
21 Id.
22 S. 445.011(1), F.S.
23 S. 445.011(1)(a), F.S.
24 S. 445.011(1)(b), F.S.
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4
Section 652.3 of Title 20 of the Code of Federal Regulations (CFR) outlines the requirements for the Public Labor
Exchange Services System in the United States. The labor exchange system requirements for each state must, at a
minimum:25
Assist job seekers in finding employment;
Assist employers in filling jobs;
Facilitate the match between job seekers and employers;
Participate in a system for clearing labor among the States;
Meet the work test requirements of the State unemployment compensation system; and
Provide labor exchange services.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 1289 Abbott The bill died in the House on
second reading.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Rodriguez
Subcommittee
Information Technology Budget &
Policy Subcommittee
Commerce Committee
25 20 C.F.R. § 652.3 (2025).
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5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1157 2025
1 A bill to be entitled
2 An act relating to verification of reemployment
3 assistance benefit eligibility; providing a short
4 title; amending s. 443.101, F.S.; revising
5 circumstances under which the Department of Commerce
6 disqualifies claimants from reemployment assistance
7 benefits; creating s. 443.1112, F.S.; requiring the
8 department to verify claimants' identities before
9 paying benefits; requiring the department to cross-
10 check certain information; providing duties of the
11 department; requiring the department to maintain a web
12 page and an e-mail address for a specified purpose and
13 to notify employers each year of the web page and e-
14 mail address; providing annual reporting requirements;
15 amending s. 445.011, F.S.; requiring the department's
16 job-matching information system to contain certain
17 elements; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. This act may be cited as the "Promoting Work,
22 Deterring Fraud Act of 2025."
23 Section 2. Subsection (2) of section 443.101, Florida
24 Statutes, is amended to read:
25 443.101 Disqualification for benefits.—An individual shall
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26 be disqualified for benefits:
27 (2) If the Department of Commerce finds that the
28 individual has failed without good cause to apply for available
29 suitable work, including contacting the required number of
30 prospective employers per week for any week of unemployment
31 claimed in the benefit year in accordance with s. 443.091, or
32 failed to appear on three or more occasions for a scheduled job
33 interview, to accept suitable work when offered to him or her,
34 to or return to the individual's customary self-employment when
35 directed by the department, or to return to employment when
36 recalled to work by the individual's employer after a temporary
37 layoff, the disqualification continues for the full period of
38 unemployment next ensuing after he or she failed without good
39 cause to apply for available suitable work, accept suitable
40 work, or return to his or her customary employment or self-
41 employment, and until the individual has earned income of at
42 least 17 times his or her weekly benefit amount. The department
43 shall by rule adopt criteria to implement this subsection,
44 including for determining the "suitability of work," as used in
45 this section. In developing these rules, the department shall
46 consider the duration of a claimant's unemployment in
47 determining the suitability of work and the suitability of
48 proposed rates of compensation for available work. Further,
49 after an individual has received 25 weeks of benefits in a
50 single year, suitable work is a job that pays the minimum wage
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51 and is 120 percent or more of the weekly benefit amount the
52 individual is drawing.
53 (a) In determining whether or not any work is suitable for
54 an individual, the department shall consider the degree of risk
55 to the individual's health, safety, and morals; the individual's
56 physical fitness, prior training, experience, prior earnings,
57 length of unemployment, and prospects for securing local work in
58 his or her customary occupation; and the distance of the
59 available work from his or her residence.
60 (b) Notwithstanding any other provisions of this chapter,
61 work is not deemed suitable and benefits may not be denied to
62 any otherwise eligible individual for refusing to accept new
63 work under any of the following conditions:
64 1. The position offered is vacant due directly to a
65 strike, lockout, or other labor dispute.
66 2. The wages, hours, or other conditions of the work
67 offered are substantially less favorable to the individual than
68 those prevailing for similar work in the locality.
69 3. As a condition of being employed, the individual is
70 required to join a company union or to resign from or refrain
71 from joining any bona fide labor organization.
72 (c) If the department finds that an individual was
73 rejected for offered employment as the direct result of a
74 positive, confirmed drug test required as a condition of
75 employment, the individual is disqualified for refusing to
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76 accept an offer of suitable work.
77 Section 3. Section 443.1112, Florida Statutes, is created
78 to read:
79 443.1112 Verification of reemployment assistance benefit
80 eligibility; detection of fraud.—
81 (1) The Department of Commerce must verify the identity of
82 each claimant who applies for reemployment assistance benefits
83 before paying any benefits to that individual.
84 (2) For the initial claim for benefits made by a claimant
85 and as necessary to verify a claimant's eligibility for
86 benefits, the department must cross-check the information
87 contained in the claim with information in the database of the
88 Systematic Alien Verification for Entitlements Program
89 established by the United States Bureau of Citizenship and
90 Immigration Services.
91 (3) For every 2 weeks that a claimant makes a claim for
92 benefits, including the initial claim for benefits, to verify a
93 claimant's eligibility for benefits, the department must cross-
94 check the information contained in the claim to make sure that
95 the claimant is:
96 (a) Living.
97 (b) Not incarcerated.
98 (c) Not already employed.
99 (4) The department shall do all of the following:
100 (a) Investigate any claim in this state associated with a
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101 mailing address, a bank account, an e-mail address, a telephone
102 number, or an Internet protocol address that is also associated
103 with another existing claim for reemployment assistance benefits
104 in this state or another state and verify that the claim in this
105 state is legitimate and not fraudulent before paying any
106 benefits for the claim.
107 (b) Scrutinize any claim in this state filed from a
108 foreign Internet protocol address before paying any benefits for
109 the claim.
110 (c) Work with the United States Department of Labor, the
111 United States Department of Justice, other state workforce
112 agencies, the Department of Law Enforcement, the state
113 attorneys, or the Office of the Statewide Prosecutor to share
114 information related to fraudulent claims or attempted fraudulent
115 claims to the extent feasible for further investigation and
116 proceedings brought under this chapter.
117 (d) Maintain a web page and an e-mail address through
118 which an individual or an employer may report known or suspected
119 violations of this chapter, including identity theft or fraud.
120 Each year, the department shall notify employers in this state
121 of this web page and e-mail address for reporting violations.
122 (e) Each year, make available on its website a report
123 identifying the number of fraudulent reemployment assistance
124 claims identified for the prior year, the number of claims not
125 paid due to successful detection of fraudulent intentions, the
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126 number of claims and the amount of reemployment assistance
127 benefits paid against claims subsequently identified as
128 fraudulent, the amount of fraudulent overpayments recovered, and
129 the number of fraudulent claims referred for investigation and
130 possible prosecution. The report must also list the sources of
131 information that were used to cross-check claims during the
132 reporting period.
133 Section 4. Paragraph (b) of subsection (1) of section
134 445.011, Florida Statutes, is amended to read:
135 445.011 Consumer-first workforce system.—
136 (1) The department, in consultation with the state board,
137 the Department of Education, and the Department of Children and
138 Families, shall implement, subject to legislative appropriation,
139 an automated consumer-first workforce system that improves
140 coordination among required one-stop partners and is necessary
141 for the efficient and effective operation and management of the
142 workforce development system. This system must include, but is
143 not limited to, the following:
144 (b)1. An automated job-matching information system that is
145 accessible to employers, job seekers, and other users via the
146 Internet, that is in alignment with the implementation of 20
147 C.F.R. s. 652.3, and that includes, at a minimum, all of the
148 following:
149 a.1. Skill match information, including skill gap
150 analysis; résumé creation; job order creation; skill tests; job
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151 search by area, employer type, and employer name; and training
152 provider linkage.
153 b.2. Job market information based on surveys, including
154 local, state, regional, national, and international occupational
155 and job availability information.
156 c.3. Service provider information, including education and
157 training providers, child care facilities and related
158 information, health and social service agencies, and other
159 providers of services that would be useful to job seekers.
160 2. The job-matching information system must use artificial
161 intelligence generation for the purpose of matching participants
162 to jobs and training opportunities and must include a knowledge,
163 skills, and interests assessment for the purpose of guiding
164 participants to jobs and training opportunities.
165 Section 5. This act shall take effect July 1, 2025.
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HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE
HB 1157 by Rep. Abbott
Relating to Verification of Reemployment Assistance Benefit Eligibility
AMENDMENT SUMMARY
March 18, 2025
Amendment 1 by Rep. Abbott (Lines 133-164): The amendment deletes section 4 of the bill, which
requires the consumer-first workforce system to align with federal regulations and to use artificial
intelligence for matching participants with jobs and training.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1157 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Abbott offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 133-164
7
8
9 -----------------------------------------------------
10 T I T L E A M E N D M E N T
11 Remove lines 15-17 and insert:
12 providing an effective date.
441075 - h1157-line15.docx
Published On: 3/14/2025 6:05:22 PM
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