Meeting Packet — Commerce Committee, Webster Hall (January 21, 2026)
Summary
Meeting packet for the Commerce Committee for Wednesday, January 21, 2026, 8:00 AM to 9:00 AM at Webster Hall. The meeting notice lists HB 433 Department of Agriculture and Consumer Services, HB 543 Transportation, and HB 863 Arbitration for Disputes with Citizens Property Insurance Corporation. The HB 433 bill analysis states that the bill addresses numerous matters related to agriculture, including fairs, biosolids, and a Food Animal Veterinary Medicine Loan Program, and that it has an indeterminate, likely negative fiscal impact on the Department of Agriculture and Consumer Services. The packet closes with the text of HB 863, which refers to arbitrations before the Division of Administrative Hearings and takes effect July 1, 2026.
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 — Commerce Committee, Webster Hall (January 21, 2026).”
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Commerce Committee
Wednesday, January 21, 2026
8:00 AM - 9:00 AM
Webster Hall (212 Knott)
Meeting Packet
Daniel Perez James Buchanan
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Commerce Committee
Start Date and Time: Wednesday, January 21, 2026 08:00 AM
End Date and Time: Wednesday, January 21, 2026 09:00 AM
Location: Webster Hall (212 Knott)
Duration: 1.00 hrs
Consideration of the following bill(s):
HB 433 Department of Agriculture and Consumer Services by Alvarez, D., Johnson
HB 543 Transportation by McFarland
HB 863 Arbitration for Disputes with Citizens Property Insurance Corporation by Benarroch
NOTICE FINALIZED on 01/16/2026 4:29PM by Young.Kimberly
01/16/2026 04:29:05PM Leagis ® Page 1 of 1
HB 433
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 433 COMPANION BILL: CS/SB 290 (Truenow)
TITLE: Department of Agriculture and Consumer LINKED BILLS: None
Services RELATED BILLS: None
SPONSOR(S): Alvarez, D. and Johnson
Committee References
Commerce State Affairs Agriculture & Natural Judiciary
Resources Budget
SUMMARY
Effect of the Bill:
The bill addresses numerous matters related to agriculture and the Florida Department of Agriculture and
Consumer Services. Among other provisions, the bill revises provisions related to fairs, preempts local
governments from restricting gas-powered farm and landscape equipment, revises provisions that relate to
biosolids, amends provisions relating to signal jamming devices, revises provisions related to state owned lands,
repeals the Babcock Ranch Advisory Group, creates a Food Animal Veterinary Medicine Loan Program, and makes
permanent the Farmers Feeding Florida Program. It also amends provisions relating to health studios, commercial
solicitation, and disparagement of non-perishable products.
Fiscal or Economic Impact:
The bill has an indeterminate, likely negative fiscal impact on the Department of Agriculture and Consumer
Services. The impact on local governments and the private sector is indeterminate.
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ANALYSIS
EFFECT OF THE BILL:
The bill addresses numerous matters related to agriculture and the Florida Department of Agriculture and
Consumer Services (FDACS), as discussed below.
Gasoline-powered Farm and Landscape Equipment
The bill prohibits counties and municipalities from enacting or enforcing any resolution, ordinance, rule, code, or
policy or taking any action that restricts or prohibits the use of gasoline-powered farm equipment or gasoline-
powered landscape equipment. The bill does not prohibit or limit counties or municipalities from encouraging the
use of alternative farm or landscape equipment, such as battery-powered equipment. (Sections 1 and 2)
The bill provides the following definitions: (Sections 1 and 2)
"Gasoline-powered farm equipment" means a machine powered by an internal combustion engine or
motor that uses gasoline, diesel, or a blend of gasoline and oil which is used on a farm or used to transport
farm products.
"Gasoline-powered landscape equipment" means any machine powered by an internal combustion engine
or motor that uses gasoline, diesel, or a blend of gasoline and oil which is used to provide landscape
management or maintenance or to move leaves, dirt, grass, or other debris off of sidewalks, driveways,
lawns, or other surfaces.
STORAGE NAME: h0433.COM
DATE: 1/16/2026
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HB 433
Surplus Lands
The bill requires the Acquisition and Restoration Council to determine whether any lands surplused by a local
governmental entity on or after January 1, 2024, are suitable for bona fide agricultural purposes. A local
governmental entity may not transfer future development rights for any surplused lands determined to be suitable
for bona fide agricultural purposes on or after July 1, 2024. (Section 3)
The bill requires the Department of Environmental Protection (DEP), in coordination with FDACS, to determine
whether any state-owned conservation lands are suitable for bona fide agricultural purposes, and authorizes DEP,
notwithstanding any other law or rule, to surplus such state-owned lands that are acquired after January 1, 2024,
and requires FDACS to retain an a rural-lands-protection easement on all such lands. Proceeds from the sale of
such surplused lands must be deposited into FDACS’s Incidental Trust Fund. By January 1, 2027, DEP must provide
a yearly report of such surplused state-owned conservations lands to the Board of Trustees of the Internal
Improvement Trust Fund. (Section 3)
The bill prohibits designated state forest lands, state park lands, or wildlife management areas from being
surplused according to this process. (Section 3)
Babcock Ranch Advisory Group
The bill eliminates the Babcock Ranch Advisory Group, and therefore the management and stewardship of the
Babcock Ranch Preserve will be determined by FDACS. (Section 4)
Theft of Construction Subcontractor and Supplier Services
The bill provides that a vendor that has failed to timely compensate its subcontractors or suppliers will be placed
on the suspended vendor list, and therefore may not be awarded contracts with the state. (Section 5)
The bill defines “subcontractor” and “supplier” for all of Part I of Chapter 489, F.S., Construction Contracting, the
same as provided in Chapter 558, F.S., Construction Defects, as follows: (Section 10)
“Subcontractor” means a person, as defined in s. 1.01, F.S., who is a contractor who performs labor and
supplies material on behalf of another contractor in the construction or remodeling of real property.
“Supplier” means a person, as defined in s. 1.01, F.S., who provides only materials, equipment, or other
supplies for the construction or remodeling of real property.
The bill creates a new crime to prohibit a licensed contractor or someone who holds himself or herself out to be a
contractor from knowingly or willfully failing to compensate subcontractors or suppliers without reasonable cause
within 15 business days after the contractor is paid for the services performed by the subcontractor or supplier. A
contractor who violates this requirement commits a misdemeanor of the first degree, or a felony of the third
degree when the services performed are valued at $20,000 or more. (Section 11)
Commercial Driver License Examination
The bill provides that an applicant for a Commercial Driver License (CDL) who receives unauthorized assistance
from another person on the portion of the exam that tests his or her knowledge of traffic laws and signage
pertaining to the respective class of vehicle, including laws regulating driving under the influence of alcohol or
controlled substances, driving with an unlawful blood-alcohol level, and driving while intoxicated, commits a
misdemeanor of the second degree. (Section 6)
The bill provides that a person who knowingly or willfully provides unauthorized assistance to an applicant for the
CDL examination commits a misdemeanor of the second degree. (Section 7)
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HB 433
Southern States Energy Compact
The bill repeals all statutory provisions relating to the Southern States Energy Compact, which includes provisions
authorizing Florida to participate in the Southern States Energy Compact and the Southern States Energy Board.
(Section 8)
Biosolids Management
The bill requires biosolids land application sites, permitted by DEP after July 1, 2020, to ensure that only Class AA
biosolids are applied to the soil of the site, thereby prohibiting application of Class A and Class B biosolids. (Section
9)
The bill removes the requirement that rules adopted by DEP related to biosolids management must be ratified by
the Legislature. (Section 9)
Food Establishment Inspections
The bill clarifies that obstructing entry or inspection by FDACS or its duly authorized agent of a permitted food
establishment’s facilities is prohibited. An establishment that obstructs such entry or inspection is subject to
disciplinary action. (Section 12)
Healthy Food Financing Initiative
The bill eliminates the Healthy Food Financing Initiative. (Section 13)
Health Studios
The bill allows FDACS to exempt any business or activity not in existence as of July 1, 2026, from health studio
consumer protection laws in Chapter 501, F.S., including registration and bond requirements. (Section 15)
Commercial Solicitation
The bill prohibits commercial solicitation on any dwelling that clearly and prominently displays a sign that is no
less than 8.5 by 11 inches, is visible to any person approaching the dwelling, and clearly displays a statement which
identifies the dwelling as private property on which commercial solicitation is prohibited, in substantially the
following manner with letters at least 1 inch in height (Section 16):
THIS DWELLING IS DESIGNATED PRIVATE PROPERTY. NO COMMERCIAL SOLICITATION IS
PERMITTED PURSUANT TO SECTION 501.062, FLORIDA STATUTES.
The bill provides the following definitions (Section 16):
"Commercial solicitation" means the act of attempting to sell goods or services, or to raise funds for a
commercial purpose, through direct or indirect contact with individuals, including, but not limited to, using
words, body gestures, or signs, on behalf of a business or commercial entity.
"Dwelling" means a building or conveyance of any kind, including any attached porch, whether such
building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is
designed to be occupied by people lodging therein at night, together with the curtilage thereof.1
1 During the time of a state of emergency declared by executive order or proclamation of the Governor under Chapter 252, F.S.,
and within the area covered by such executive order or proclamation and for purposes of ss. 810.02, F.S. and 810.08, F.S., only,
the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof. S.
810.011, F.S.
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HB 433
A person who violates this provision commits a noncriminal violation, punishable with up to a $500 fine. A person
who commits a second or subsequent violation commits a misdemeanor of the second degree. (Section 16)
The bill provides legislative intent. (Section 16)
Departmental Unit Reorganization
The bill authorizes FDACS to reorganize departmental units upon approval of the Commissioner of Agriculture,
regardless of current requirements for approval of such reorganization by statutory enactment or from the
Executive Office of the Governor. (Section 17)
Agriculture and Aquaculture Producers Emergency Recovery Loan Program
The bill requires that in order to be eligible for the Agriculture and Aquaculture Recovery Loan Program, an
applicant must be a United States citizen and a legal Florida resident before or on the date of the declared
emergency. An applicant that is a business corporation; nonprofit corporation; general partnership, including a
limited liability partnership; limited partnership, including a limited liability limited partnership; limited liability
company; real estate investment trust; or any other domestic or foreign entity that is organized under an organic
law, must be wholly owned and operated in the United States and have an active certificate of status issued by the
Florida Department of State. (Section 18)
Food Animal Veterinary Medicine Loan Repayment Program
The bill establishes the Food Animal Veterinary Medicine Loan Repayment Program. FDACS is authorized to make
payments that offset loans incurred, for up to three new eligible candidates annually, for studies leading to a
veterinary degree with a specialization in food animal veterinary medicine. Subject to legislative appropriation,
FDACS may make loan principal repayments of up to $25,000 a year for up to 5 years on behalf of eligible
candidates. All repayments are contingent upon continued proof of employment in this state as a practicing food
animal veterinarian. (Section 19)
To be eligible, a candidate must:
Have graduated from a college of veterinary medicine accredited by the American Veterinary Medical
Association,
Have received a Florida veterinary medical license,
Have obtained a Category II Accreditation from the USDA, and
Be a practicing food animal veterinarian in this state who cares for food animals at least 20 hours per week.
(Section 19)
Candidates are ineligible if they are also receiving financial assistance from the federal Veterinary Medicine Loan
Repayment Program. (Section 19)
The bill provides the following definitions:
"Food animal" means a species of animal raised for the human food supply. Food animal species include
cattle, swine, sheep, goat, poultry, aquaculture, and apiary species.
"Food animal veterinarian" means a veterinarian working in food animal veterinary medicine who focuses
on the management and health of food animals, and who spends a minimum of 20 hours per week on food
animal species care and treatment.
"Food animal veterinary medicine" means veterinary medical practice that encompasses medical care,
disease prevention, and consultation on feeding, housing, and overall herd management of food animals to
ensure a safe, healthy, and sustainable food supply for the public. (Section 19)
The bill allows FDACS to adopt any rules necessary to administer the program. (Section 19)
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HB 433
Egg or Poultry Dealer
The bill updates the number of annual dressed bird sales required to be considered a poultry “dealer” to 20,000
birds annually, from 384 birds weekly, to align state law with federal law. (Section 20)
Florida Forest Service
The bill adds the Welaka Training Center as a site that the Florida Forest Service (FFS) may operate to train fire
and forest resource managers, in addition to the Withlacoochee Training Center. (Section 21)
The bill allows the FFS to grant free meals, board, and scholarships to persons and entities, regardless of whether
training takes place at a designated training center, and removes the requirement that such grants be in exchange
for instructional assistance. (Section 21)
The bill allows the FFS to pay annual CDL renewal costs for employees whose position requires them to have a
CDL. (Section 21)
Farmers Feeding Florida Program
The bill establishes the Farmers Feeding Florida Program (Feeding Florida), which requires FDACS to coordinate
with Feeding Florida or its successor entity to acquire, transport, and distribute non-Emergency Food Assistance
Program (non-TEFAP) fresh food products for the benefit of residents who are food insecure due to a lack of local
food resources, accessibility, and affordability. (Section 22)
The bill requires Feeding Florida to enter into an agreement with FDACS to provide, at a minimum:
Transportation of non-TEFAP fresh food products using owned vehicles or contracted commercial vehicles.
Coordination of the purchase and pickup of food from the purchase location and delivery to the distribution
location. (Section 22)
The bill requires Feeding Florida to submit:
Monthly reports to FDACS detailing:
o The amount of pounds of food purchased, itemized by commodity type;
o Purchase locations and dates; and
o Delivery locations and dates.
Quarterly reports to the chairs of the legislative appropriations committees detailing:
o The amount of pounds of food distributed, itemized by commodity type; and
o Distribution locations. (Section 22)
The bill provides that foods purchased by Feeding Florida through the program are restricted to charitable
purposes for hunger relief and may not reenter the wholesale, retail, or secondary markets. (Section 22)
The bill prohibits Feeding Florida from allowing a candidate for elective office to host a food distribution event
during the period of time between the last day of the election qualifying period and the date of the election if the
candidate is opposed for election or re-election at the time of the event, unless the event is in response to a
declared state of emergency. (Section 22)
Aquaculture Facilities
The bill prohibits FDACS from renewing a certificate of registration for an aquaculture facility that is not compliant
with facility requirements unless the renewal application includes documentation of corrective action. The bill also
prohibits a person, a company, or an entity, or a principal of a company or an entity, whose certificate of
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HB 433
registration has been revoked, from reapplying for a new certificate of registration for a period of 3 years. (Section
23)
The bill updates the scientific name of the Florida bass to Micropterus salmoides. (Section 23)
Water Leases
The bill provides that the rent for a water lease for growing oysters or clams may be adjusted every 5 years based
on the Consumer Price Index (CPI), rather than requiring the rent to be adjusted every 5 years. (Section 24)
Florida Wine Trust Fund
The bill allows the Florida Wine Trust Fund to fund promotion of and research grants for wine made from any
fruit, not just from grapes. (Section 25)
Fair Charters and Permitting
The bill substantially amends requirements for fair associations and operations. The bill removes the definitions of
community, county, district, and regional fairs; as such, all fairs will be either a “state fair” or an “annual public
fair.” (Section 26)
The bill removes the requirements that the agricultural products of each fair be produced in or be typical of its
respective geographic area, and that the majority of the board of directors of each fair must reside, be employed, or
operate a business in its respective geographic area. It removes the requirement that district fairs pay at least
$25,000 in cash premiums or awards to exhibitors, and that district fairs have exhibits representing basic
resources in agriculture and industry of each county served by the fair. Fairs will still be required to benefit and
develop the educational agricultural, horticultural, livestock, charitable, historical, civic, cultural, scientific, and
other resources of this state, or any county, municipality, or other community in this state. (Section 26)
Related to formation of a fair, the bill:
Removes any minimum requirement on the number of persons it takes to incorporate a fair association.
Creates a mechanism for denial of charter applications and a process for remediation before resubmission f
the proposed charter.
Requires the proposed charter submitted by approved applicants to be notarized.
Requires the proposed charter to include:
o A provision for ex officio membership,
o The name of an elected member of the board of county commissioners who will serve as an ex
officio member of the board of directors of the association,
o The official email address of the association, and
o The oath to be taken by the applicant, which must include:
That the primary objective of the association is for public service and to hold, conduct, and
promote public fairs or expositions;
That money and other available assets in value exceeding $5,000 have been provided for
purposes designated by the association; and
That the association will operate in good faith to carry out the purposes and objectives set
forth in the charter. (Section 27)
The bill limits the number of incorporated fair associations per county to one; however, the state fair and fair
associations incorporated before July 1, 2026, may continue to operate regardless of this limitation. The bill
provides the Commissioner of Agriculture the discretion to waive the limit on the number of fair associations per
county. (Section 28)
The bill removes the requirements that a fair association applicant must: (Section 29)
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HB 433
Send a notice to FDACS of the intention to apply to the circuit court for the charter,
Publish the notice in a newspaper in the county of the association each week for four consecutive weeks,
Summarize the charter and objectives of the proposed association in the notice, and
Place the proposed charter on file in the office of the clerk of the circuit court during the publication period.
The bill requires that a proposed charter must first be approved by FDACS before being submitted to the board of
county commissioners of the county where the principal office of the association will be located. (Sections 29 and
30)
The bill removes the public notice requirement for dissolving a fair association. The bill requires that remaining
assets be distributed to the county in which the principal office of the association is located, unless otherwise
specified by the property deed, and removes the requirements for remaining assets of a dissolved association to be
distributed to any county or municipality within the county and that property contributed by a municipality or
county be returned to that respective municipality or county. The bill removes the provision allowing the board of
directors to designate the public project that will benefit from the funds or the manner in which the property will
be used. (Sections 31 and 32)
The bill clarifies that the threshold of annual attendance of 25,000 is based on recorded attendance from the
previous year, and that a new fair association must follow the financial reporting requirements of a fair association
whose fair has an annual attendance of 25,000 or fewer. It also requires that a fair association review its charter
every 5 years and submit a certified copy to FDACS that incorporates any amendment made in the last 5 years. A
designated member of the association must attest that the submitted charter is accurate and factual. (Section 33)
The bill clarifies that the application for a permit for an annual public fair must be submitted to FDACS at least 90
days, rather than 3 months, before holding the fair. It adds the requirements that the permit applicant provide a
copy of the association’s charter which incorporates all amendments made and a complete listing of all fair
exhibits. It removes the requirement that the applicant provide a written statement subscribed to by an association
officer that the main purpose of the association is to conduct a public fair for the benefit of the resources of the
geographic area represented by the fair. (Section 34)
The bill removes the following components for the permit application and instead requires them to be sent to
FDACS 21 days before holding the fair:
Proof of liability insurance of at least $300,000 per occurrence,
A copy of the association’s most recent annual financial statement, and
A list of all current members of the board of directors of the association and their contact information,
including home addresses. (Section 34)
The bill exempts the Florida State Fair Authority from general formation and operational requirements for public
fairs. (Section 35)
Unlawful Use of Badges and Concealed Weapon Permits
The bill amends the prohibition on the unlawful use of badges or other indicia of authority to prohibit a person
who does not hold a concealed weapons permit from wearing or displaying any item that displays in any manner
or combination the word or words “concealed weapon permit” or “concealed weapon permitholder” with the
intent to mislead or cause another person to believe that he or she is a member of a federal, state, county, or
municipal law enforcement agency, or other criminal justice agency as defined in s. 943.045, F.S., if applicable, or is
authorized to wear or display the item containing the words. A person who violates this prohibition commits a
misdemeanor of the first degree. (Section 36)
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HB 433
Disparagement of Agricultural Food Products
The bill expands the ability of a producer or an association representing producers to seek damages for
disparagement of an agricultural food product by: (Section 37)
Removing the requirement that the agricultural food product must be “perishable.”
Requiring that the agricultural food product must be grown or produced for a commercial purpose.
Including any agricultural practices used in the production of such products in the definition of
“agricultural food product.”
The bill allows any producer or association representing producers to collect attorney fees and costs in connection
with a disparagement of agricultural food product claim. (Section 37)
Signal Jamming Devices
The bill prohibits the possession, manufacture, holding or offering for sale, sale, import, distribution, or use of
signal jamming devices. However, this prohibition is not applicable to a federal or military law enforcement agency
that lawfully installs, places, or uses a signal jamming device as part of a criminal investigation, or any person duly
authorized by the Federal Communications Commission. Violation of this prohibition constitutes a misdemeanor of
the first degree. (Section 39)
The bill provides that “signal jamming device” means a device or process, such as a phone jammer, global
positioning systems blocker, or other similar device designed to intentionally block, jam, or interfere with radio
communications, such as cellular and personal communication services, police radar, or global positioning systems.
This definition does not require that such device or process work by emitting radio frequency waves. (Section 38)
Miscellaneous
The bill provides corrections to cross-references and reenacts relevant provisions. (Sections 14 and 40 through 45)
The effective date of the bill is July 1, 2026. (Section 46)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill has an indeterminate, likely negative fiscal impact on FDACS. The bill allows FDACS to make payments to
eligible recipients under the Food Animal Veterinary Loan Repayment Program, removes the requirement that
water lease rent increases every 5 years, and may increase FDACS oversight over biosolids management and the
Welaka Training Center.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Gasoline-powered Farm and Landscape Equipment
A number of local governments in Florida have introduced and adopted ordinances that prohibit the use of
gasoline-powered leaf blowers and chainsaws, including Naples2 and Miami Beach.3 These local governments have
2 Naples Ordinance 2020-14542.
3 Miami Beach Ordinance 2024-4589.
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cited noise and environmental pollution concerns motivating the ordinances. The city of Winter Park prohibited
the use of internal combustion engine leaf blowers, but voters later reversed the ban.4
The Florida Right to Farm Act5 provides that “a local government may not adopt any ordinance, regulation, rule, or
policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation on land classified as
agricultural land pursuant to s. 193.461, F.S., where such activity is regulated through implemented best
management practices or interim measures” developed by DEP, FDACS, or water management districts.
Section 366.032(2), F.S., provides that except as necessary to enforce the Florida Building Code and Florida Fire
Prevention Code, a municipality, county, special district, development district, or other political subdivision of the
state may not restrict or prohibit the use of an appliance, including a stove or grill, using the fuels or energy types
used, delivered, converted, or supplied by certain energy utilities, natural gas utilities, natural gas transmission
companies, and liquified petroleum gas companies.
Home Rule Authority and Preemption
The Florida Constitution grants local governments broad home rule authority. Non-charter county governments
may exercise those powers of self-government that are provided by general or special law.6 Counties operating
under a county charter have all powers of self-government not inconsistent with general law or special law
approved by the vote of the electors.7 Municipalities have governmental, corporate, and proprietary powers that
enable them to conduct municipal government, perform municipal functions and provide municipal services, and
exercise any power for municipal purposes except when expressly prohibited by law.8
Preemption refers to the principle that a federal or state statute can supersede or supplant state or local law that
stands as an obstacle to accomplishing the full purposes and objectives of the overriding federal or state law.9
Where state preemption applies, a local government may not exercise authority in that area.10 Whether a local
government ordinance or other measure violates preemption is ultimately decided by a court. If a local
government improperly enacts an ordinance or other measure on a matter preempted to the state, a person may
challenge the ordinance by filing a lawsuit. A court ruling against the local government may declare the preempted
ordinance void.11
Surplus Lands
State law designates the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees),12 which
holds the title to state lands, as the entity responsible for determining which state lands may be surplused.13 There
are two different categories of state-owned lands: conservation lands and nonconservation lands.14 For surplusing
any conservation lands, the Acquisition and Restoration Council (ARC)15 must first make a recommendation to the
4 Winter Park Ordinance 3292-24.
5 S. 823.14, F.S.
6 Art. VIII, s. 1(f), Fla. Const.
7 Art. VIII, s. 1(g), Fla. Const.
8 Art. VIII, s. 2(b); see also s. 166.021(1), F.S.
9 Preemption Definition, Black’s Law Dictionary (12th ed. 2024).
10 D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017); Judge James R. Wolf and Sarah Harley Bolinder, The Effectiveness of
Home Rule: A Preemption and Conflict Analysis, 83 Fla. B.J. 92 (June 2009), https://www.floridabar.org/the-florida-bar-
journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-analysis/ (last visited Jan. 12, 2026).
11 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
12 The Board of Trustees is a four-person board consisting of the Governor, the Attorney General, the Chief Financial Officer,
and the Commissioner of Agriculture. See s. 253.02(1), F.S.
13 S. 253.0341(1), F.S.
14 Id.
15 Section 259.035, F.S., provides that the ARC is a 10-member group with representatives from four state agencies, four
appointees by the Governor, one appointee by the Fish and Wildlife Conservation Commission, and one appointee by the
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Board of Trustees whether the lands are no longer needed for conservation purposes,16 and conservation lands
may only be surplused if the Board of Trustees, by an affirmative vote of at least three members, determines that
the lands are no longer needed for conservation purposes.17 For surplusing any nonconservation lands, the Board
of Trustees must determine whether the lands are no longer needed. If the Board of Trustees determines the
nonconservation lands are no longer needed, it may dispose of such lands by an affirmative vote of at least three
members.
Local government requests for surplus lands through purchase or exchange must be expedited throughout the
surplusing process.18
Requests for surplusing lands may be made by any public or private entity or person. All requests to surplus
conservation lands must be submitted to the lead managing agency for review and recommendation to the ARC,
and all requests to surplus nonconservation lands must be submitted to the Division of State Lands for review and
recommendation to the Board of Trustees.19
For all surplus lands, the Division of State Lands must determine the sale price based on the “highest and best use”
of the property to ensure the maximum benefit and use to the state. “Highest and best use” means the reasonable,
probable, and legal use of vacant land or an improved property which is physically possible, appropriately
supported, financially feasible, and results in the highest value.20 Agricultural use of a land is not always considered
the “highest and best use” for that particular parcel. Instead, exceptions are made for the value of agricultural land
to be assessed based on current use rather than its fair market value.21
The Board of Trustees owns approximately 3.3 million acres of uplands, 3.1 million acres of which are conservation
lands and 0.2 million acres of which are nonconservation lands. There are also about 0.5 million acres of
conservation easements.22 As of June 30, 2025, there were 268 properties owned by the Board of Trustees that
were candidates for disposition or in the disposition process, comprising an estimated 263 acres with an estimated
value of $9.84 million.23
Bona fide Agricultural Purposes
When making a determination if land is used primarily for bona fide agricultural purposes when classifying land as
agricultural for purposes of taxation, the term “bona fide agricultural purposes” means good faith commercial
agricultural use of the land. The following factors may be taken into consideration:24
The length of time the land has been so used.
Commissioner of Agriculture and Consumer Services. ARC has responsibility for the evaluation, selection and ranking of state
land acquisition projects on the Florida Forever priority list, as well as the review of management plans and land uses for all
state-owned conservation lands. Department of Environmental Protection, Acquisition and Restoration Council,
https://floridadep.gov/lands/environmental-services/content/acquisition-and-restoration-council-arc (last visited Dec. 29,
2025); see also s. 253.0341(6), F.S. (providing that before any decision by the Board of Trustees, ARC must review and make
recommendations to the Board of Trustees concerning the request for surplusing, and must determine whether the request is
compatible with the resource values of and management objectives for such lands).
16 S. 253.0341(1), F.S.
17 Id.
18 S. 253.0341(1), F.S.
19 S. 253.0341(11), F.S.
20 S. 253.0341(8), F.S.
21 Art. VII, s. 4(a), Fla. Const.
22 DEP, FAQ: Disposition of state lands and facilities annual report. https://floridadep.gov/lands/bureau-public-land-
administration/content/faq-disposition-state-lands-and-facilities-annual (last visited Dec. 29, 2025).
23 Department of Management Services (DMS), 2025 Disposition of State Lands and Facilities Annual Report, https://dms-
media.ccplatform.net/content/download/439934/file/10.1.25%202025%20DEP%20Disposition%20of%20State%20Lands
%20and%20Facilities%20Report.pdf (last visited Dec. 29, 2025).
24 S. 193.461(3)(b), F.S.
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Whether the use has been continuous.
The purchase price paid.
Size, as it relates to specific agricultural use, but a minimum acreage may not be required for agricultural
assessment.
Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance
with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling,
mowing, reforesting, and other accepted agricultural practices.
Whether the land is under lease and, if so, the effective length, terms, and conditions of the lease.
Such other factors as may become applicable.
Rural-Lands-Protection Easements
FDACS, through the Rural and Family Lands Protection Program, is authorized to acquire permanent agricultural
land conservation easements, called rural-lands-protection easements.25 Under this program, FDACS, on behalf of
the Board of Trustees, 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.26 These arrangements
compensate property owners for restrictions on the future development of their land in perpetuity while allowing
them to continue agricultural activities.27
Babcock Ranch Advisory Group
The Babcock Ranch Preserve (Preserve) occupies 67,618.81 acres in southeast Charlotte County, approximately
17.5 miles east of Punta Gorda and 34 miles west of Lake Okeechobee. The Preserve protects regionally important
water resources, diverse natural habitats, scenic landscapes and historic and cultural resources in the rapidly
developing southwest Florida corridor. Public recreational opportunities abound and include hunting, hiking,
wildlife viewing, bicycling, fishing, camping and horseback riding.28
Prior to its purchase by the State of Florida and Lee County in 2006, the Preserve was part of the 91,361-acre
working ranch known as Crescent B Ranch. Since 1914, Crescent B Ranch produced timber, cattle, row crops, and
sod, and provided recreation opportunities such as hunting and ecotourism. During the sale of the property in
2006, a portion of the original Crescent B Ranch acreage was reserved for private residential development known
as Babcock Ranch Community and the remainder was sold to the state.29 FDACS, with the cooperation of the
Florida Fish and Wildlife Conservation Commission (FWC), is the agency responsible for managing the Preserve.30
Section 259.1053, F.S., created the Babcock Ranch Advisory Group to assist FDACS by providing guidance and
advice concerning the management and stewardship of the Preserve. The Babcock Ranch Advisory Group is
comprised of nine members appointed to 5-year terms. Based on recommendations from the Governor and
Cabinet, FWC, and the governing boards of Charlotte County and Lee County, the Commissioner of Agriculture
appoints:31
One member with experience in sustainable management of forest lands for commodity purposes.
One member with experience in financial management, budget and program analysis, and small business
operations.
25 FDACS, Rural and Family Lands Protection Program, https://www.fdacs.gov/Consumer-Resources/Protect-Our-
Environment/Rural-and-Family-Lands-Protection-Program (last visited May 2, 2025).
26 S. 570.71, F.S.
27 Id. See also FDACS, supra note 26.
28 FWC, Babcock Ranch Preserve, https://myfwc.com/recreation/cooperative/babcock-ranch-preserve/ (last visited Dec. 23,
2025).
29 Id.
30 S. 259.1052(5), F.S.
31 S. 259.1053(4), F.S.
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One member with experience in management of game and nongame wildlife and fish populations, including
hunting, fishing, and other recreational activities.
One member with experience in domesticated livestock management, production, and marketing, including
range management and livestock business management.
One member with experience in agriculture operations or forestry management.
One member with experience in hunting, fishing, nongame species management, or wildlife habitat
management, restoration, and conservation.
One member with experience in public outreach and education.
One member who is a resident of Lee County, to be designated by the Board of County Commissioners of
Lee County.
One member who is a resident of Charlotte County, to be designated by the Board of County Commissioners
of Charlotte County.
The Babcock Ranch Advisory Group has not met since 2017.32
Theft of Construction Subcontractor and Supplier Services
Suspended Vendor List
Section 287.1351, F.S., prohibits a vendor that is in default on any contract with an agency or has otherwise
repeatedly demonstrated an inability to fulfill the terms and conditions of previous state contracts from submitting
a bid, proposal, or reply to an agency or enter into or renew a contract to provide goods or services to an agency
after its placement on the suspended vendor list. The suspended vendor list33 includes vendors that have been
removed from the vendor list for “failing to fulfill any of its duties specified in a contract with the State.”34
Construction Contracting
Part I of Chapter 489, F.S., regulates construction contracting in the state, including professional licensure.
Construction contractors are certified or registered by the Construction Industry Licensing Board within the
Department of Business and Professional Regulation (DBPR).35 Contractors may be subject to disciplinary action
for failing to comply with practice requirements.36
Part I of Chapter 489, F.S., does not provide a definition for “subcontractor” or “supplier.”
Misapplication of Construction Funds
Section 713.345, F.S., provides penalties for misapplication of construction funds. A person, firm, or corporation, or
an agent, officer, or employee thereof, who receives any payment on account of improving real property must
apply such portion of any payment to the payment of all amounts then due and owing for services and labor which
were performed on, or materials which were furnished for, such improvement prior to receipt of the payment.
However, a person may withhold any payment, or any part of a payment, in accordance with the terms of a
contract for services, labor, or materials, or pursuant to a bona fide dispute regarding the amount due, if any, for
such services, labor, or materials.
32 See Babcock Ranch Advisory Group 10-year plan, https://www.fdacs.gov/Forest-Wildfire/Our-Forests/State-
Forests/Babcock-Ranch-Preserve/Babcock-Ranch-Preserve-10-Year-Land-Management-Plan (last visited Dec. 23, 2025).
33 DMS, Vendor registration and vendor lists,
https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_ve
ndor_lists (last visited Dec. 29, 2025).
34 S. 287.042, F.S.; see Rule 60A-10.006, F.A.C.
35 S. 489.107, F.S.
36 S. 489.129, F.S.
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A person who knowingly and intentionally fails to comply with these requirements is guilty of misapplication of
construction funds, punishable as follows:37
For misapplied funds with an aggregate value of $100,000 or more, a felony of the first degree.
For misapplied funds with an aggregate value of $1,000 or more but less than $100,000, a felony of the
second degree.
For misapplied funds with an aggregate value of less than $1,000, a felony of the third degree.
An inference that a person knowingly and intentionally misapplied construction funds is created when:38
A valid lien has been recorded against the property of an owner for labor, services, or materials;
The person who ordered the labor, services, or materials has received sufficient funds to pay for such labor,
services, or materials; and
The person has failed, for a period of at least 45 days from receipt of the funds, to remit sufficient funds to
pay for such labor, services, or materials, except for funds withheld in accordance with the terms of a
contract for services, labor, or materials, or pursuant to a bona fide dispute regarding the amount due.
A state attorney or the statewide prosecutor, upon the filing of an indictment or information against a contractor,
subcontractor, or sub-subcontractor, must forward a copy of the indictment or information to DBPR. DBPR must
then promptly open an investigation into the matter.39 If a contractor, subcontractor, sub-subcontractor, or other
person who is licensed under Ch. 489, F.S., is convicted of misapplication of construction funds, the licensee is
subject to disciplinary action. 40
Construction Defects
Chapter 558, F.S., provides an alternative dispute resolution mechanism in certain construction defect matters. The
claimant files a notice of claim with the contractor, subcontractor, supplier, or design professional that the claimant
asserts is responsible for the defect, and provides the contractor, subcontractor, supplier, or design professional,
and the insurer of the contractor, subcontractor, supplier, or design professional, with an opportunity to resolve
the claim through confidential settlement negotiations without resorting to further legal process.41
Commercial Driver License Examination
Individuals applying for a commercial driver license (CDL) must undergo an exam that tests the applicant’s:42
Eyesight;
Ability to read and understand highway signs regulating, warning, and directing traffic;
Knowledge of the traffic laws of this state pertaining to the class of motor vehicle for which he or she is
applying;
Knowledge of the effects and dangers of driving under the influence of alcohol and controlled substances;
and
Knowledge of any special requirements for the safe operation of the class of vehicle for which he or she is
applying to be licensed to operate.
The applicant must also perform an actual demonstration of his or her ability to exercise ordinary and reasonable
control in the safe operation of a motor vehicle or combination of vehicles of the type covered by the license
classification which the applicant is seeking, including an exam of the applicant’s ability to perform an inspection of
his or her vehicle.43
37 S. 713.345(1)(b), F.S.
38 S. 713.345(1)(c), F.S.
39 S. 713.345(1)(d), F.S.
40 S. 713.345(1)(e), F.S.
41 S. 558.001, F.S.
42 S. 322.12(4), F.S.
43 Id.
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Any person who provides false information when applying for a CDL or commercial learner’s permit or is
convicted of fraud in connection with testing for a CDL or commercial learner’s permit is disqualified from
operating a commercial motor vehicle for a period of 1 year.44 Additionally, effective July 1, 2026, a CDL holder or
applicant who is found to have cheated during, or to have otherwise circumvented, any portion of the CDL
examination must retake the examination.45
Section 322.36, F.S., prohibits a person from authorizing or knowingly permitting a motor vehicle owned or
controlled by him or her to be operated on any highway or public street except by a person authorized to operate a
motor vehicle under this chapter. Anyone who violates this provision commits a misdemeanor of the second
degree.
Southern States Energy Compact
Section 377.711, F.S., establishes Florida as a member of the Southern States Energy Compact (compact). The
compact is performed by the Southern States Energy Board (SSEB). The SSEB is a non-profit interstate compact
organization created by state law in 1960 and consented to by Congress46 with a broad mandate to contribute to
the economic and community well-being of the southern region of the United States.47 Its mission is to enhance
economic development and the quality of life through innovations in energy and environmental policies, programs,
and technologies. The SSEB serves its members directly by providing assistance designed to develop effective
energy and environmental policies and programs and represents its members before governmental agencies at all
levels.
Section 377.712, F.S., provides for Florida’s participation on the SSEB, including requiring the Governor, President
of the Senate, and Speaker of the House of Representatives to each appoint one member to the SSEB. The section
also authorizes departments, agencies, and officers of the state and its subdivisions to cooperate with the SSEB if
the activities have been approved by either the Governor or the member appointed by the Governor.
Biosolids Management
When domestic wastewater is treated, solid, semisolid, or liquid residue known as biosolids48 accumulates in the
wastewater treatment plant and must be removed periodically to keep the plant operating properly.49 Biosolids
also include products and treated material from biosolids treatment facilities and septage management facilities
regulated by DEP.50 The collected residue is high in organic content and contains moderate amounts of nutrients.51
44 S. 322.212(7), F.S.
45 S. 322.12(4), F.S.
46 Public Laws 87-563 and 92-440.
47 Southern States Energy Board, About SSEB, http://www.sseb.org/about/ (last visited Dec. 29, 2025).
48 Section 373.4595, F.S., defines biosolids are the solid, semisolid, or liquid residue generated during the treatment of
domestic wastewater in a domestic wastewater treatment facility and include products and treated material from biosolids
treatment facilities and septage management facilities. The term does not include the treated effluent or reclaimed water from
a domestic wastewater treatment facility, solids removed from pump stations and lift stations, screenings and grit removed
from the preliminary treatment components of domestic wastewater treatment facilities, or ash generated during the
incineration of biosolids.
49 DEP, Domestic wastewater biosolids, https://floridadep.gov/water/domestic-wastewater/content/domestic-wastewater-
biosolids (last visited Dec. 29, 2025).
50 Rule 62-640.200(6), F.A.C.
51 Id.
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Wastewater treatment facilities produce about 340,000 dry tons of biosolids each year.52 Biosolids can be disposed
of in several ways including placement in a landfill, distribution and marketing as fertilizer, and land application to
pasture or agricultural lands.53 Biosolids are subject to regulatory requirements established by DEP to protect
public health and the environment.54
U.S. Environmental Protection Agency – Biosolids use and disposal across the U.S.:55
Sewage Sludge Use & Disposal from
2024 Biosolids Annual Reports 7 Reported End Use of Land Applied Sewage Sludge from
2024 Biosolids Annual Reports 7
Other (2%) (e.g.,
deep-well injection,
use as an auxiliary Distribut ion &
fuel, storage, etc.) Marketing (34.5%)
Landfilling (24.5%) Agricultural (53%)
7
Munitipa~~~11 2~~~ ■
M onofill(2.5")
L
Land application of biosolids involves spreading biosolids on the soil surface or incorporating or injecting biosolids
into the soil at a permitted site.56 This practice provides nutrients and organic matter to the soil on agricultural
land, golf courses, forests, parks, mine reclamation sites, and other disturbed lands. Composted and treated
biosolids are used by landscapers and nurseries, and by homeowners for their lawns and home gardens.57
Biosolids are classified at the federal level in two classes, “Class A” or “Class B.”58 In Florida, there is an additional
“Class AA” designation for biosolids treated to the highest quality standard, which are distributed and marketed as
fertilizer,59 and DEP regulates the three classes of biosolids for beneficial use.60 The classes are categorized based
on treatment and quality, with Class AA biosolids receiving the highest level of treatment, and Class B receiving the
lowest.61 Treatment of biosolids must reduce pathogens, the attractiveness of the biosolids for pests like insects
and rodents, and the amount of toxic metals in the biosolids.62
Biosolids are regulated under Rule 62-640 of the Florida Administrative Code. The rules provide minimum
requirements, including monitoring and reporting requirements, for the treatment, management, use, and disposal
52 DEP, Biosolids in Florida, https://www.florida-stormwater.org/assets/MemberServices/Conference/AC19/02%20-
%20Frick%20Tom.pdf#:~:text=Biosolids%20and%20Management%20in%20Florida%20Estimated%20Total%20Productio
n,two-thirds%20are%20beneficially%20used%20and%20onethird%20is%20landfilled (last visited Dec. 29, 2025).
53 Id.
54 Rule 62-640, F.A.C.
55 EPA, Basic Information about Sewage Sludge and Biosolids, https://www.epa.gov/biosolids/fact-sheet-use-landfilling-
biosolids-management (last visited Dec. 29, 2025).
56 EPA, Land application of biosolids, https://www.epa.gov/biosolids/land-application-biosolids (last visited Dec. 29, 2025).
57 Id.
58 40 C.F.R. Part 503; EPA, Land Application of Biosolids, https://www.epa.gov/biosolids/land-application-biosolids (last
visited Jan. 12, 2026).
59 R. 62-640.200(11), F.A.C.; see also National Biosolids Data Project, Florida Biosolids (last updated 2018),
https://www.biosolidsdata.org/florida (last visited Jan. 15, 2026).
60 Rule 62-640.200, F.A.C.
61 Id.; DEP, supra note 50.
62 Rule 62-640.200, F.A.C.
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of biosolids. The rules are applicable to wastewater treatment facilities, appliers, and distributors63 and include
permit requirements for both treatment facilities and biosolids application sites.64
Each permit application for a biosolids application site must include a site-specific nutrient management plan
(NMP) that establishes the specific rates of application and procedures to apply biosolids to land.65 Biosolids may
only be applied to land application sites that are permitted by DEP and have a valid NMP.66 Once a facility or site is
permitted, it is subject to monitoring, record-keeping, reporting, and notification requirements.67
Section 403.0855, F.S., requires all biosolids application sites to meet the DEP rules in effect at the time of the
renewal of the biosolids application site permit or facility permit, effective July 1, 2020. Permittees applying Class A
or Class B biosolids must ensure a minimum unsaturated soil depth of 2 feet between the depth of biosolids
placement and the water table level at the time of application. Permittees must also be enrolled in FDACS best
management practices (BMP) program or be within an agricultural operation enrolled in the program for the
applicable commodity type.
Class AA biosolids may be distributed and marketed like other commercial fertilizers with few further restrictions
and less regulation under Rule 62-640, F.A.C. than Class A and Class B biosolids;68 and, like other commercial
fertilizers, they are primarily regulated by FDACS’s BMP Program.69 Section 403.067, F.S., authorizes and directs
FDACS to develop and adopt by rule BMPs that will help Florida’s agricultural industry achieve the reductions
allocated in basin management action plans (BMAPs), which are restoration plans developed for the watersheds
and basins connected to certain impaired waterbodies.70
FDACS develops and adopts BMPs by rule for different types of agricultural commodities.71 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.72 Such verification must include a collection and review of the BMP
documentation from the previous 2 years, including, but not limited to, nitrogen and phosphorus fertilizer
application records, which must be collected and retained.73
Producers or agricultural landowners who properly implement the applicable BMPs or who are in compliance with
the Equivalent Program74 requirements of Rule Chapter 5M-1, F.A.C., are entitled to a presumption of compliance
with state water quality standards.75
The application of biosolids is prohibited in certain areas. The Legislature banned the disposal of domestic
wastewater biosolids within the Lake Okeechobee,76 Caloosahatchee River,77 and St. Lucie River78 watersheds
unless the applicant can affirmatively demonstrate that the nutrients in the biosolids will not add to nutrient
63 Rule 62-640.100, F.A.C.
64 Rule 62-640.300, F.A.C.
65 Rule 62-640.500, F.A.C.
66 Id.
67 Rule 62-640.650, F.A.C.
68 Rule 62-640.800, F.A.C.
69 DEP. Domestic wastewater biosolids; National Biosolids Data Project. Florida biosolids.
https://www.biosolidsdata.org/florida (last visited Dec. 29, 2025); Rule 62-640.850, F.A.C.; R. 62-640.850(2), F.A.C.; see also s.
576.181(1), F.S., and R. Ch. 5E-1, F.A.C.
70 s. 403.067(7)(a)1., F.S.; Rule 62-303.100(1), F.A.C.
71 Id.
72 S. 403.067(7)(d)3., F.S.
73 Id.
74 Equivalent Programs provide water quality protections equal to or more stringent than the applicable BMPs.
75 S. 403.067(7)(c)3., F.S.
76 S. 373.4595(3)(b)16., F.S.
77 S. 373.4595(4)(b)5., F.S.
78 S. 373.4595(4)(d)5., F.S.
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loadings in the watershed. The prohibition against land application in these watersheds does not apply to Class AA
biosolids that are distributed as fertilizer products.79
Biosolids Rulemaking
The Legislature passed the Clean Waterways Act in 2020 to address a number of environmental issues relating to
water quality improvement, including biosolids. DEP was directed to promulgate rules to implement the Clean
Waterways Act, including rules addressing biosolids management in Florida.80 All rules adopted by DEP related to
biosolids management require ratification by the Legislature prior to taking effect.81 The initial biosolids
rulemaking process included multiple workshops and opportunities for public input, and the rules were developed
to minimize the migration of nutrients to waterbodies. 82 In 2021, the Legislature ratified the initial biosolids
rules.83
Food Establishment Inspections
The Division of Food Safety within FDACS is responsible for assuring the public of a safe, wholesome and properly
represented food supply. It accomplishes this through the permitting and inspection of food establishments,
inspection and evaluation of food products, and the performance of specialized laboratory testing on a variety of
food products sold or produced in Florida.84
Section 500.147, F.S., authorizes FDACS to have free access at all reasonable hours to any food establishment, any
food records, or any vehicle being used to transport or hold food in commerce for the purpose of inspection or
sampling.
Section 500.04, F.S., prohibits refusal to permit entry or inspection, or to permit the taking of a sample, as
authorized by s. 500.147, F.S. Violating this requirement subjects the food establishment to disciplinary procedures
under s. 500.121, F.S.
Healthy Food Financing Initiative
In 2016, the Legislature directed FDACS to establish a Healthy Food Financing Initiative Program (HFFI) to provide
financial assistance for the rehabilitation or expansion of grocery retail outlets located in underserved or low-
income communities.85 FDACS was directed to draw upon and coordinate the use of federal, state, and private
loans or grants, federal tax credits, and other types of financial assistance. The goal of the HFFI is to improve public
health and the well-being of low-income children, families, and older adults by increasing access to fresh produce
and other nutritious foods at participating grocery outlets that are required to allocate at least 30 percent of their
retail space to the sale of perishable foods, which may include fresh or frozen dairy products, fresh produce, and
fresh meats, poultry, and fish.86
For the 2016-2017 fiscal year, $500,000 in nonrecurring funds was appropriated to FDACS to implement the
program.87 To administer HFFI, FDACS contracted with the Florida Community Loan Fund (FCFL), a statewide
program providing flexible financing to certain entities engaged in community development. FCLF disbursed the
$500,000 to three recipients between December 2017 and April 2020: Evans Center, Fresh Choice Market, and
79 Id.; ss. 373.4595(3)(b)16. and 373.4595(4)(b)5., F.S.; see also R. 62-640.850, F.A.C.
80 Ch. 2020-150, Laws of Fla.
81 S. 403.0855, F.S.
82 DEP, DEP Chapter 62-640, F.A.C., Rulemaking, https://floridadep.gov/water/domestic-wastewater/content/dep-chapter-62-
640-fac-rulemaking (last visited Dec. 29, 2025).
83 Ch. 2021-153, Laws of Fla.
84 See https://www.fdacs.gov/Divisions-Offices/Food-Safety (last visited Dec. 29, 2025).
85 S. 500.81, F.S.
86 S. 500.81, F.S.
87 Chapter 2016-221, Laws of Florida.
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Highpoint Food Rx Pharmacy. While food access improved across the three communities where entities received
program funding, economic viability of the recipients and value to the local communities varied. 88 The program has
not been funded since.
Health Studios
The Health Studio Act, ss. 501.012 - 501.019, F.S., regulates health studios that enter into contracts for health
studio services with consumers. “Health studios” includes, among other things, a gym that offers its members the
use of weight-training and cardiovascular equipment. The act requires studios to:
Register with FDACS;
Include specific provisions in every contract with a consumer, such as the consumer’s total payment
obligations, and cancellation provisions;
Provide a security bond, generally ranging from $10,000 to $25,000, depending on the value of outstanding
contracts with the studio; and
Refrain from prohibited practices, such as committing an intentional fraud.
The following health studios or health-related businesses are exempt from registration:89
Nonprofit organizations that have tax-exempt status with the Internal Revenue Service;
Gymnastics schools that engage in instruction and training only;
Golf, tennis, or racquetball clubs that do not offer physical exercise equipment;
A program or facility offered and used solely for the purpose of dance, aerobic exercise, or martial arts that
does not use physical exercise equipment;
Country clubs that primarily provide social or recreational amenities to its members; and
A program or facility offered by an organization for the exclusive use of its employees and their family
members.
Commercial Solicitation
Section 501.022, F.S., prohibits home solicitation sales without first obtaining a valid home solicitation sale permit,
unless there is a valid exception. Generally, a “home solicitation sale” is a sale, lease, or rental of consumer goods or
services with a purchase price in excess of $25 in a place other than at the seller’s fixed location business
establishment.90 Applicants for permits must file sworn applications in writing with the clerk of the circuit court for
the county in which applicants intend to conduct home solicitation sales.91 Violation of this requirement is a first-
degree misdemeanor.92 Additionally, anyone engaging in home solicitation sales must follow certain operational
requirements, such as providing a written agreement and a right to cancel.93
Some local ordinances in Florida impose further restrictions on home solicitation sales. For example, Leon County
prohibits such solicitation on properties that display a “No Solicitation” sign that meets certain requirements,94 the
88 OPPAGA, The Florida Healthy Food Financing Initiative, https://oppaga.fl.gov/Documents/Reports/23-09.pdf (last visited
Dec. 23, 2025).
89 Ss. 501.0125 - 501.013, F.S.
90 S. 501.021(1), F.S.
91 S. 501.022(2), F.S.
92 S. 501.055, F.S.
93 Ss. 501.025 and 501.031, F.S.
94 Chapter 12, Article IV, Sec. 12-82, Leon County Code of Laws.
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town of Palm Beach prohibits such solicitation outside of specified hours and on properties that display a “No
Solicitation” sign, 95and the city of Belle Isle96 prohibits such solicitation outside of specified hours.97
Departmental Unit Reorganization
Section 20.04, F.S., outlines the required structure of the executive branch of state government. Section 20.04(7),
F.S., states that unless authorized by law, department heads may not reallocate duties and functions specifically
assigned by law to a specific unit of the department, but they can do so for duties and functions assigned generally
to the department.
Department heads may recommend the establishment of additional divisions, bureaus, sections, and subsections of
the department to promote efficient and effective operation of the department. Additional divisions may only be
established by statutory enactment, but bureaus, sections, and subsections may be initiated by an agency and
established as recommended by the Department of Management Services (DMS) and approved by the Executive
Office of the Governor (EOG), or by statutory enactment.98 For the purposes of such recommendations and
approvals, DMS and EOG must adopt and apply specific criteria for assessing the appropriateness of all
reorganization requests from agencies.99
Section 570.07, F.S., outlines the functions, powers, and duties of FDACS.
Agriculture and Aquaculture Producers Emergency Recovery Loan Program
The Agriculture and Aquaculture Producers Emergency Recovery Loan Program allows loans to be made to
agriculture and aquaculture producers that have experienced damage or destruction from a declared emergency.
Loan funds may be used to restore, repair, or replace essential physical property or remove vegetative debris from
essential physical property.100
Under the program, FDACS 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 three-year period. The term of each loan is 10 years.101
To be eligible, an applicant must:102
Own or lease a bona fide farm operation damaged or destroyed as a result of a declared natural disaster
located in a county that experienced a declared natural disaster; and
Maintain complete and acceptable farm records, pursuant to criteria published by FDACS, and present
them as proof of production levels and bona fide farm operations.
Food Animal Veterinary Medicine Loan Repayment Program
Florida has experienced a shortage of food animal veterinarians caring for livestock and food animals, particularly
in rural areas. Nationally, over 72 percent of new veterinary graduates go into companion animal practices, with
95 Chapter 78, Article I, sec. 78-1, Palm Beach, Florida, Code of Ordinances.
96 Ch. 20, sec. 20-2, Belle Isle, Florida, Code of Ordinances, available at:
https://library.municode.com/fl/belle_isle/codes/code_of_ordinances?nodeId=PTIICOOR_CH20PESO_S20-4PROBSOPE (last
visited Dec. 29, 2025).
97 Chapter 20, sec. 20-2, Belle Isle, Florida, Code of Ordinances.
98 S. 20.04(7)(a), (b), F.S.
99 S. 20.04(7)(c), F.S.
100 S. 570.822(2), F.S.
101 Id.
102 S. 570.822(3), F.S.
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average starting salaries of $140,000, while around 3 percent of new graduates pursue food animal practice, with
starting salaries averaging $100,000.103
The federal Veterinary Medicine Loan Repayment Program, authorized by the National Veterinary Medical Services
Act104 and administered by the United States Department of Agriculture (USDA), provides veterinary medicine
education loan repayments of up to $40,000 per year for veterinarians who provide agricultural animal veterinary
services in a designated veterinary shortage area.105
Egg or Poultry Dealer
Section 583.01, F.S., defines the term “dealer” to mean any person, firm, or corporation, including a producer,
processor, retailer, or wholesaler, that sells, offers for sale, or holds for the purpose of sale in this state 30 dozen or
more eggs or its equivalent in any one week, or more than 384 dressed birds in any one week. The definition
creates limited sale poultry requirements to benefit operators of small poultry farms, to provide a level of
economic and regulatory relief relative to production and sale of limited poultry. Rule 5K-4.033, F.A.C., further
defines a “Limited Poultry and Egg Farm Operation” as limited to 20,000 birds annually.
Federally, the Poultry Product Inspection Act exempts poultry producers who slaughter or process the products of
20,000 poultry birds or fewer from certain inspection requirements of the act.106
Florida Forest Service
The Florida Forest Service (FFS) has the primary responsibility for the prevention, detection, and suppression of
wildfires wherever they may occur. FFS operates the Withlacoochee Training Center (center), which serves as a
site where fire and forest resource managers can obtain current knowledge, techniques, skills, and theory as they
relate to their respective disciplines. The center may:107
Establish cooperative efforts involving federal, state, and local entities;
Hire appropriate personnel; and ‘
Engage others by contract or agreement with or without compensation to assist in carrying out the training
and operations of the center.
The center must focus on curriculum related to, but not limited to:108
Fuel reduction,
An incident management system,
Prescribed burning certification,
Multiple-use land management,
Water quality,
Forest health,
Environmental education, and
Wildfire suppression training for structural firefighters.
103 Larkin, M, (2025, October 15). American Veterinary Medical Association. Inflation continues to dampen gains in veterinarian
salaries, fewer new grads entering full time employment. https://www.avma.org/news/inflation-continues-dampen-gains-
veterinarian-salaries-fewer-new-grads-entering-full-time (last visited Dec. 29, 2025).
104 National Veterinary Services Act, Public Law No. 108-61, 117 Stat. 2014 (2003).
https://www.congress.gov/108/plaws/publ161/PLAW-108publ161.pdf (last visited Dec. 29, 2025).
105 USDA. The Veterinary Medicine Loan Repayment Program. https://www.nifa.usda.gov/grants/programs/veterinary-
medicine-loan-repayment-program (last visited Dec. 29, 2025).
106 21 U.S.C. § 464. (2020).
107 S. 590.02(7), F.S.
108 Id.
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The center may assess appropriate fees for food, lodging, travel, course materials, and supplies in order to meet its
operational costs and may grant free meals, room, and scholarships to persons and other entities in exchange for
instructional assistance.109
The center must provide wildfire suppression training opportunities for rural fire departments, volunteer fire
departments, and other local fire response units.110
Section 590.02(1)(f), F.S., grants the FFS the authority to pay the cost of the initial CDL exam fee for employees
whose position requires them to operate equipment requiring a license, but does not authorize paying the cost of
CDL renewal. The Department of Financial Services prohibits the use of public funds to pay license or exam fees
under Rule 69I-40.002(23), F.A.C., unless specifically authorized by law.
Farmers Feeding Florida Program
The Farmers Feeding Florida Program (program) was temporarily created during the 2025 legislative session and
funded through the General Appropriations Act.111 The program provides funding and authority to Feeding Florida
to purchase, transport, and distribute non-Emergency Food Assistance Program (non-TEFAP)112 fresh food
products for the benefit of food insecure residents. The program supports Florida farmers while connecting them
to families in need. In Florida, the USDA found that 12 percent of households were food insecure in 2023,113 while
Feeding America estimates that 3.2 million Floridians were food insecure that year.114
Aquaculture Facilities
The Florida Aquaculture Policy Act established that aquaculture is agriculture and consolidated state regulatory
responsibilities under FDACS.115 Florida’s aquaculture industry produces the greatest variety of aquatic species of
any state in the nation. There are approximately 1,000 certified aquaculture farms in Florida, located in every
region of the state, which produce an estimated 1,500 varieties of fish, aquatic plants, mollusks, crustaceans,
turtles, amphibians, and alligators for ornamental, food and bait markets as well as for sporting, conservation, and
educational purposes.116
A person engaging in aquaculture must obtain an aquaculture certificate of registration from FDACS.117 Each
aquaculture certificate must be renewed annually.118 Any person whose certificate of registration has been revoked
or suspended must reapply for certification.119
Water Leases
Sovereign submerged lands are lands in Florida that include tidal lands, islands, sand bars, shallow banks, and
lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-
109 Id.
110 Id.
111 Ch. 2025-198, Laws of Fla.
112 TEFAP is a USDA U.S.-grown food distribution program for low-income households that is administered in Florida by
FDACS.
113 Rabbitt, M. P., Reed-Jones, M., Hales, L. J., & Burke, M. P., Household food security in the United States in 2023, USDA,
https://ers.usda.gov/sites/default/files/_laserfiche/publications/109896/ERR-337.pdf?v=39293 (last visited Dec. 29, 2025).
114 Feeding America, https://map.feedingamerica.org/county/2023/overall/florida (last visited Dec. 29, 2025).
115 S. 597.002, F.S.
116 FDACS, Florida Aquaculture Industry Overview, https://www.fdacs.gov/content/download/91723/file/FDACS-P-02145-
2020FLAquacultureIndustryOverview.pdf (last visited Dec. 29, 2025); Ch. 597, F.S.
117 S. 597.004(1), F.S.
118 S. 597.004(7)(a), F.S.
119 S. 597.004(7)(c), F.S.
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influenced waters.120 To conduct aquaculture activities on sovereign submerged lands in Florida, an individual
must obtain a lease from the Board of Trustees.121 FDACS accepts and reviews applications and provides
recommendations to the Board of Trustees. The Board of Trustees may approve, approve with modifications, or
deny the application.122
The annual rental fee charged for all water leases consist of the minimum rate of $15 per acre, or any fraction of an
acre, per year and must be adjusted every 5 years, based on the 5-year average change in the CPI.123
Florida Wine Trust Fund
The Legislature has determined that viticulture, the production and utilization of grapes, is an underdeveloped
agricultural commodity enterprise in this state. Florida possesses many resources and geographic advantages that
favor the expansion and growth of present-day viticulture into a broad-based, economically viable industry. The
growth potential of the present industry offers opportunities for local economic development and supply trade.
The development of viticulture is compatible with the economies, lifestyles, and interests of both rural and urban
Florida.124 Further, the Legislature has determined that a multitude of factors are inhibitory to the development of
viticulture in Florida, including: 125
Minimal new grape cultivar development,
Lack of printed information on production and processing,
Minimal understanding of winemaking techniques and requirements that will capitalize on the unique
characteristics of available grape cultivars,
Minimal understanding of grape juice processing requirements,
Lack of fresh fruit handling and processing technology specifically for muscadine grape cultivars,
Lack of quality standards for wine and other processed grapes,
Lack of assistance and printed information for overall business planning and marketing, and
Lack of coordination of the many diverse interests and expertise which could contribute to the further
development of viticulture in the state.
In 1984, Florida passed the Florida Viticulture Policy Act, which created the Florida Wine Advisory Council, State
Wine Plan, Florida Farm Winery Program, and Florida Wine Trust Fund to support the wine and viticulture
industries in Florida.126 FDACS must use moneys deposited into the Florida Wine Trust Fund to do the following:127
Develop and coordinate the implementation of the State Wine Plan.
Promote viticulture products manufactured from products grown in the state.
Provide grants for viticultural research.
Fifty percent of the revenues collected from the excise taxes imposed under s. 564.06, F.S., on wine produced by
manufacturers in this state from products grown in the state will be deposited in the Florida Wine Trust Fund.128
Fair Charters and Permitting
The Legislature first passed laws for the purpose of regulating state fair associations and operations in 1917.129 In
1974, the Legislature created the Florida State Fair Authority to deal exclusively with the staging of the annual
120 Rule 18-21.003(67), F.A.C.; s. 253.03(1), F.S.
121 Ss. 253.68 and 597.010, F.S.
122 Rule 18-21.021(1)(q), F.A.C.
123 S. 597.010(5), F.S.
124 S. 599.001, F.S.
125 Id.
126 Chapter 599, F.S.
127 S. 599.012(1), F.S.
128 S. 599.012(2), F.S.
129 Ch. 7388, Laws of Fla.
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state fair in Tampa, Florida.130 The last major changes to the statute occurred in 1993 under provisions of the
Regulatory Sunset Act.131
In order to form a fair association, 25 or more persons who are residents and qualified electors of the county in
which the annual public fair is to be located must incorporate the charter. The proposed charter must contain
certain specifications, including:132
The name of the association and the place where the principal office is to be located.
The name and residence of each subscriber.
Procedures for the election of and governance by officers, who may be elected or appointed.
Procedures for the adoption, amendment, or rescission of bylaws of the association.
The notice of intention to apply to the circuit court for the charter of a fair association must be published in a
newspaper in the county where the principal office of the association will be located once each week for 4
consecutive weeks. The proposed charter must be approved by FDACS and the board of county commissioners of
the county in which the principal office of the association will be located, before being submitted for approval to
the circuit judge.133
A fair association may dissolve its charter by resolution. Upon approval by FDACS and publication of notice and
proof that all debts have been paid and no claims are outstanding against the association, the circuit judge may
dissolve the association and order its remaining public funds to be distributed as recommended by the board of
directors.134 Also, upon order of the circuit judge, any public funds or property remaining in a fair association when
the association is dissolved must be distributed to any county or any municipality within the county. The board
may designate in the distribution resolution the public project that will benefit from the funds or the manner in
which the property will be used. If property has been contributed by a municipality or county, the property must
be reconveyed to the municipality or county that gave the property to the association.135
An annual public fair may not be conducted by a fair association without a permit issued by FDACS at least 3
months before holding the annual public fair. FDACS must issue a permit within 10 days of receipt of a complete
application, which includes:136
The opening and closing dates of the proposed annual public fair.
The main purpose of the association, which must be subscribed and acknowledged by an officer of the
association.
A premium137 list of the current annual public fair to be conducted or a copy of the previous year’s premium
list. The premium list, which may be submitted separately from the application, must be submitted at least
60 days before the annual public fair begins operation.
Proof of liability insurance in an amount of not less than $300,000 per occurrence.
A list of all current members of the board of directors of the association.
FDACS regulates the following types of public fairs:138
“Annual public fair” – a community, county, district, regional, or state fair that is held and conducted by a
fair association and permitted by FDACS.
130 Ch. 74-322, Laws of Fla.
131 Ch. 93-168, Laws of Fla.
132 S. 616.01, F.S.
133 S. 616.03, F.S.
134 S. 616.05, F.S.
135 S. 616.07, F.S.
136 S. 616.15, F.S.
137 Generally, a premium is a prize, bonus, or award given as an inducement, as to purchase products or enter competitions.
Dictionary.com, Premium, https://www.dictionary.com/browse/premium (last visited Jan. 12, 2026).
138 S. 616.001, F.S.
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“Community fair” – an annual public fair that serves an area of less than an entire county, has required
exhibits, and gives premiums or awards to exhibitors. Agricultural products must be produced in the
community the exhibit represents. The majority of the board of directors of the fair must reside, be
employed, or operate a business in the community the fair represents.
“County fair” – an annual public fair that serves an entire county and provides exhibitors with premiums or
awards for required exhibits. Agricultural products must be typical of those produced in the county the
exhibit represents. The majority of the board of directors of the fair must reside, be employed, or operate a
business in the county that the fair association represents.
“District fair” – an annual public fair that serves at least five counties and has required exhibits. A district
fair must pay at least $25,000 in cash premiums or awards to exhibitors. Agricultural products must be
typical of those produced in the counties the exhibit represents. Livestock may originate from outside the
district, but must be registered in the exhibitor’s name at least 30 days before the opening day of the fair.
Each county is encouraged to have exhibits typical of its respective natural resources, and each county
must have exhibits representing basic resources in agriculture and industry.
“Public fair or exposition” – a project, activity, event, or program, and use by a fair association, including,
but not limited to, the annual public fair, which develops the educational, agricultural, horticultural,
livestock, charitable, historic, civic, cultural, scientific, and other resources of this state, or any county,
municipality, or other community in this state.
“Regional fair” or “interstate fair” – an annual public fair of this state and other states with certain fair
exhibits. Agricultural products must be typical of those produced in the area the exhibit represents.
“State fair” – an annual public fair that serves the entire state. Exhibits must meet certain requirements,
and cash premiums or awards may be given to exhibitors.
The “Florida State Fair Authority,” is a public body corporate and politic, charged with the responsibility of staging
an annual fair to serve the entire state. Cash premiums or awards may be given to exhibitors.139
The 121st Florida State Fair was held in 2025, and attendance reached 397,922, an increase of 17.5 percent from
2024.140
Unlawful Use of Badges and Concealed Weapon Permits
Section 843.08, F.S., punishes false personation of a law enforcement officer or other specified person. A person
commits a false personation offense if he or she falsely assumes or pretends to be a law enforcement officer or
other person specified in the statute and takes upon himself or herself to act as such or to require any other person
to aid or assist him or her in a matter pertaining to the duty of any specified person.
It is a first degree misdemeanor to wear or display any authorized indicia of authority, including any badge,
insignia, emblem, identification card, or uniform, or any colorable imitation thereof, of any federal, state, county, or
municipal law enforcement agency, or other criminal justice agency, with the intent to mislead or cause another
person to believe that he or she is a member of the agency or is authorized to wear or display the item containing
the indicia or related words, unless appointed by the Governor pursuant to Chapter 354, F.S., authorized by the
appropriate agency, or displayed in a closed or mounted case as a collection or exhibit.141
139 S. 616.251, F.S.
140 Timothy Herrick, Let Your Funshine: 2025 Florida State Fair Rebounds with Strong Attendance & Record Wade Shows
Midway, CarnivalWarehouse.com, https://carnivalwarehouse.com/newsserver/let-your-funshine-2025-florida-state-fair-
rebounds-with-strong-attendance-record-wade-shows-midway-
1741910400#:~:text=Attendance%20Upticks,highest%20attended%20Saturday%20reached%2070%2C061. (last visited
Jan. 12, 2026); FDACS, Florida State Fair Authority, 2025 Oversight Report, p. 5.
141 S. 843.085(1), (5), F.S.
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Disparagement of Agricultural Food Products
In 1989, the CBS network aired a documentary report, A is for Apple, on the television news program 60 Minutes.
The report asserted that many children in the United States were at risk of developing cancer later in life because a
significant proportion of the apples grown in the country were sprayed with daminozide. Due to a large fall in
demand for apples, the apple growers sued the CBS network for defamation. The court dismissed the case because
the growers did not provide any evidence that the allegations in the report were false. In 1995, an appeals court
affirmed the lower court decision, stating that “the growers have failed to raise a genuine issue of material fact as
to the falsity of the broadcast.”142
As a result, 13 states, including Florida, adopted food-disparagement laws in in the 1990s to lower a plaintiff’s
burden of proof.143 Proponents argued that common law defamation and product disparagement claims were not
adequate because perishable food items could spoil before false or misleading information could be corrected and
transmitted out to the public.144
The Florida Legislature has determined that the production of agricultural food products constitutes an important
and significant portion of the state economy and that it is imperative to protect the vitality of the agricultural
economy for the citizens of this state by providing a cause of action for agricultural producers to recover damages
for the disparagement of any perishable agricultural product.145
Any producer or any association representing producers of perishable agricultural food products which suffers
damages as a result of another person’s disparagement of any such perishable agricultural food product may bring
an action for damages and for any other relief a court of competent jurisdiction deems appropriate, including, but
not limited to, compensatory and punitive damages. The statute of limitations for disparagement of perishable
agricultural food products is 2 years from the date the disparagement occurs.146
The law defines the following terms:147
“Disparagement” means the willful or malicious dissemination to the public in any manner of any false
information that a perishable agricultural food product is not safe for human consumption. False
information is that information which is not based on reliable, scientific facts and reliable, scientific data
which the disseminator knows or should have known to be false.
“Perishable agricultural food product” means any agricultural or aquacultural food product or commodity
grown or produced within Florida which is sold or distributed in a form that will perish or decay within a
reasonable period of time.
“Producer” means the person who actually grows or produces perishable agricultural food products.
Signal Jamming Devices
“Signal jammers” are devices commonly called signal blockers, GPS jammers, cell phone jammers, and text
blockers, and they are illegal radio frequency transmitters that are designed to block, jam, or otherwise interfere
142 Brian Duignan, How Oprah Got Sued for Dissing a Burger, A brief history of food-libel laws, Britannica,
https://www.britannica.com/story/a-brief-history-of-food-libel-laws (last visited Dec. 29, 2025); Megan Semple, Veggie Libel
Meets Free Speech: A Constitutional Analysis of Agricultural Disparagement Law, 15 VA. ENVTL. L. J. 403 (1996), available at
https://nationalaglawcenter.org/wp-content/uploads/assets/bibarticles/semple_veggie.pdf.
143 Id.
144 Erika K. Eckley and Roger A. McEowen, Pink Slime and the Legal History of Food Disparagement, Choices Magazine, 2012,
https://www.choicesmagazine.org/choices-magazine/theme-articles/pink-slimemarketing-uncertainty-and-risk-in-the-24-
hour-news-cycle/pink-slime-and-the-legal-history-of-food-disparagement (last visited Jan. 12, 2026).
145 S. 865.065, F.S.
146 S. 865.065(3), (4), F.S.
147 S. 865.065(2), F.S.
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with authorized radio communications.148 A jammer can block all radio communications on any device that
operates on radio frequencies within its range by emitting radio frequency waves that prevent the targeted device
from establishing or maintaining a connection. Jammers can prevent:149
Your cell phone from making or receiving calls, text messages, and emails;
Your Wi-Fi enabled device from connecting to the Internet;
Your GPS unit from receiving correct positioning signals; and
A first responder from locating you in an emergency.
Chapter 934, F.S., governs the security of electronic and telephonic communications. Section 934.04, F.S., prohibits
the manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices.
Violation of this provision is a third-degree felony.
Section 843.165, F.S., prohibits knowingly transmitting jamming devices or jamming transmissions over radio
frequencies assigned by the FCC to a state, county, or municipal governmental agency or water management
district, or jamming radio transmissions made by volunteer communications personnel of such agencies or any
public or private emergency medical services provider, unless authorized to do so. Violation of this provision is a
first-degree misdemeanor.
Federally, the Federal Communications Commission (FCC) regulates the use of signal jamming devices. The FCC
has authority to regulate radio frequency interference.150 The use, manufacture, import, sale, or shipment of
devices that can interfere with radio communications, except as authorized, is prohibited; however, “possession” of
such devices is not explicitly prohibited.
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/CS/CS/SB 700 - Department of Alvarez, D./ Truenow Became law on July 1, 2025.
Agriculture and Consumer Services
2024 CS/CS/SB 1084 - Department of Agriculture Alvarez, D./ Collins Became law on July 1, 2024.
and Consumer Services
148 FCC, Enforcement Advisory No. 2012-02, Mar. 6, 2012, available at https://docs.fcc.gov/public/attachments/DA-12-
347A1_Rcd.pdf (last visited Dec. 29, 2025).
149 FCC, Enforcement Advisory No. 2014-05, Dec. 8, 2014, available at https://docs.fcc.gov/public/attachments/DA-14-
1785A1_Rcd.pdf (last visited Dec. 29, 2025). Additionally, bad network connections can be caused by a variety of factors,
including faulty equipment, physical obstructions that block the signal, or lawful devices that are operating on the same
frequencies may interfere with signals and radio frequencies. FCC, Jammer Enforcement,
https://www.fcc.gov/general/jammer-enforcement (last visited Dec. 29, 2025).
150 47 U.S.C. § 302a (2021).
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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Commerce Committee Hamon Wright
State Affairs Committee
Agriculture & Natural Resources
Budget Subcommittee
Judiciary Committee
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HB 433 2026
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; creating ss. 125.489 and 166.063,
4 F.S.; defining the terms "gasoline-powered farm
5 equipment" and "gasoline-powered landscape equipment";
6 prohibiting counties and municipalities, respectively,
7 from enacting or enforcing any law that restricts or
8 prohibits the use of gasoline-powered farm equipment
9 or gasoline-powered landscape equipment or that
10 distinguishes such equipment from any other equipment
11 under certain circumstances; providing construction;
12 amending s. 253.0341, F.S.; requiring the Acquisition
13 and Restoration Council to determine whether certain
14 surplused lands are suitable for bona fide
15 agricultural purposes; prohibiting a local
16 governmental entity from transferring future
17 development rights for certain surplused lands
18 determined to be suitable for bona fide agricultural
19 purposes; requiring the Department of Environmental
20 Protection, in coordination with the Department of
21 Agriculture and Consumer Services, to determine
22 whether specified state-owned conservation lands are
23 suitable for bona fide agricultural purposes;
24 authorizing the Department of Environmental Protection
25 to surplus state-owned lands determined to be suitable
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26 for bona fide agricultural purposes; requiring the
27 Department of Environmental Protection to retain a
28 rural-lands-protection easement for such surplused
29 lands; requiring that all proceeds from the sale of
30 such surplused lands be deposited in the Department of
31 Agriculture and Consumer Service's Incidental Trust
32 Fund for less than fee simple; requiring the
33 Department of Environmental Protection to annually
34 provide a report of such surplused lands to the Board
35 of Trustees of the Internal Improvement Trust Fund;
36 prohibiting certain lands from being surplused;
37 amending s. 259.1053, F.S.; deleting provisions
38 relating to the Babcock Ranch Advisory Group; amending
39 s. 287.1351, F.S.; revising circumstances under which
40 a vendor is prohibited from submitting a bid,
41 proposal, or reply to an agency or from entering into
42 or renewing any contract to provide goods or services
43 to an agency; amending s. 322.12, F.S.; providing
44 penalties for an applicant for a commercial driver
45 license who receives unauthorized assistance on
46 certain portions of the examination; amending s.
47 322.36, F.S.; prohibiting a person from knowingly or
48 willfully providing unauthorized assistance to an
49 applicant for the examination required to hold a
50 commercial driver license; repealing ss. 377.71,
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51 377.711, and 377.712, F.S., relating to definitions
52 and the Southern States Energy Compact, Florida as
53 party to the Southern States Energy Compact, and
54 Florida's participation in the Southern States Energy
55 Board, respectively; amending s. 403.0855, F.S.;
56 deleting provisions relating to legislative approval
57 of certain rules adopted by the Department of
58 Environmental Protection; revising requirements for
59 permittees of biosolids land application sites;
60 deleting an obsolete provision; amending s. 489.105,
61 F.S.; defining the terms "subcontractor" and
62 "supplier"; creating s. 489.1295, F.S.; prohibiting
63 licensed contractors or persons holding themselves out
64 as such from failing to pay their subcontractor or
65 supplier within a specified timeframe without
66 reasonable cause after receiving payment for the
67 services the subcontractor or supplier performed;
68 providing penalties; amending s. 500.04, F.S.;
69 revising the list of prohibited acts related to the
70 prevention of fraud, harm, adulteration, misbranding,
71 or false advertising in the preparation, production,
72 manufacture, storage, or sale of food; repealing s.
73 500.81, F.S., relating to the Healthy Food Financing
74 Initiative; amending s. 500.93, F.S.; making a
75 technical change; amending s. 501.013, F.S.;
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76 authorizing the Department of Agriculture and Consumer
77 Services to provide an exemption from certain health
78 studio regulations; creating s. 501.062, F.S.;
79 providing legislative intent; defining the terms
80 "commercial solicitation" and "dwelling"; prohibiting
81 a person from engaging in commercial solicitation
82 under certain circumstances; providing construction;
83 providing penalties; amending s. 570.07, F.S.;
84 authorizing the Department of Agriculture and Consumer
85 Services to reorganize departmental units upon the
86 approval of the Commissioner of Agriculture; amending
87 s. 570.822, F.S.; providing additional eligibility
88 requirements for the Agriculture and Aquaculture
89 Producers Emergency Recovery Loan Program; creating s.
90 570.846, F.S.; establishing the Food Animal Veterinary
91 Medicine Loan Repayment Program; providing the purpose
92 of the program; providing definitions; providing
93 eligibility requirements for the program; authorizing
94 the Department of Agriculture and Consumer Services to
95 make loan principal repayments on behalf of eligible
96 candidates up to a certain amount for a specified
97 timeframe, subject to legislative appropriation;
98 providing construction; authorizing the Department of
99 Agriculture and Consumer Services to adopt rules;
100 amending s. 583.01, F.S.; revising the definition of
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101 the term "dealer"; amending s. 590.02, F.S.; revising
102 the Florida Forest Service powers, authority, and
103 duties; authorizing the Forest Service to manage the
104 Welaka Training Center; conforming provisions to
105 changes made by the act; authorizing the Withlacoochee
106 or Welaka Training Centers to assess certain fees as
107 determined by the Florida Forest Service, regardless
108 of where certain training occurs; creating s. 595.421,
109 F.S.; establishing the Farmers Feeding Florida Program
110 for specified purposes; requiring Feeding Florida to
111 take certain actions to implement the program;
112 prohibiting the food purchased by Feeding Florida
113 through such program from re-entering the wholesale,
114 retail, or secondary market; prohibiting a candidate
115 for elective office from hosting a food distribution
116 event under certain circumstances; providing
117 nonapplicability; amending s. 597.004, F.S.;
118 prohibiting the Department of Agriculture and Consumer
119 Services from renewing a certificate of registration
120 for a noncompliant facility unless certain
121 documentation is provided with the renewal
122 application; prohibiting entities whose certificate of
123 registration has been revoked from reapplying for a
124 specified period of time; amending s. 597.010, F.S.;
125 authorizing, rather than requiring, the periodic
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126 adjustment of the annual rental fee charged for
127 certain leases; amending s. 599.012, F.S.; making
128 technical changes; amending s. 616.001, F.S.; revising
129 and deleting definitions relating to public fairs and
130 expositions; amending s. 616.01, F.S.; revising
131 application requirements for a proposed charter for an
132 association to conduct a public fair or exposition;
133 requiring the Department of Agriculture and Consumer
134 Services to provide an applicant for a proposed
135 charter with specified information upon the denial of
136 a proposed charter; revising requirements for
137 information that must be included in the proposed
138 charter; amending s. 616.02, F.S.; limiting the number
139 of incorporated state fair associations per county;
140 providing construction; authorizing the Department of
141 Agriculture and Consumer Services to waive certain
142 requirements at the discretion of the commissioner;
143 authorizing fair associations incorporated before a
144 certain date to conduct their affairs; deleting
145 provisions relating to requirements for a proposed
146 charter; amending s. 616.03, F.S.; revising
147 requirements for the approval and recordation of the
148 charter; amending s. 616.05, F.S.; revising the
149 process by which a proposed charter amendment is
150 incorporated into the original charter; amending s.
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151 616.051, F.S.; revising the circumstances under which
152 a circuit judge is authorized to dissolve an
153 association and order the distribution of its
154 remaining assets; requiring that such assets be
155 distributed to certain counties; s. 616.07, F.S.;
156 deleting provisions relating to distribution of public
157 funds after the dissolution of an association;
158 amending s. 616.101, F.S.; specifying the basis for
159 annual public fair attendance records; requiring a
160 fair association to review its charter every 5 years
161 and submit an updated copy of the charter to the
162 Department of Agriculture and Consumer Services;
163 requiring a designated member of the association to
164 make an attestation; amending s. 616.15, F.S.;
165 revising the information that an applicant must submit
166 to the Department of Agriculture and Consumer Services
167 for the department to issue a permit for an
168 association to conduct a fair; revising the timeframe
169 within which the Department of Agriculture and
170 Consumer Services is required to issue the permit upon
171 the receipt of specified information; amending s.
172 616.251, F.S.; exempting the Florida State Fair
173 Authority from specified provisions; amending s.
174 843.085, F.S.; prohibiting a person from wearing or
175 displaying an item that displays the words "concealed
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176 weapon permit" or "concealed weapon permit holder"
177 with the intent to mislead another to believe that the
178 person is authorized to wear or display such item;
179 amending s. 865.065, F.S.; revising definitions;
180 conforming provisions to changes made by the act;
181 amending s. 934.02, F.S.; defining the term "signal
182 jamming device"; creating s. 934.51, F.S.; prohibiting
183 the possession, manufacture, sale, importation,
184 distribution, or use of a signal jamming device;
185 providing exceptions; providing criminal penalties;
186 amending s. 288.1175, F.S.; conforming cross-
187 references; reenacting ss. 287.056(4) and 287.138(5),
188 F.S., relating to disqualification for state term
189 contract eligibility, and contracting with entities of
190 foreign countries of concern prohibited, respectively,
191 to incorporate the amendment made to s. 287.1351,
192 F.S., in references thereto; reenacting s. 500.177(1),
193 F.S., relating to penalties for dissemination of a
194 false advertisement, to incorporate the amendment made
195 to s. 500.04, F.S., in a reference thereto; reenacting
196 s. 212.08(13), F.S., relating to taxation and
197 specified exemptions, to incorporate the amendment
198 made to s. 616.07, F.S., in a reference thereto;
199 reenacting s. 616.185, F.S., relating to trespass upon
200 grounds or facilities of a public fair, to incorporate
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201 the amendment made to s. 616.15, F.S., in a reference
202 thereto; providing an effective date.
203
204 Be It Enacted by the Legislature of the State of Florida:
205
206 Section 1. Section 125.489, Florida Statutes, is created
207 to read:
208 125.489 Preemption of restrictions on gasoline-powered
209 farm equipment or gasoline-powered landscape equipment.—
210 (1) As used in this section, the term:
211 (a) "Gasoline-powered farm equipment" means any machine
212 powered by an internal combustion engine or motor that uses
213 gasoline, diesel, or a blend of gasoline and oil which is used
214 on a farm or used to transport farm products.
215 (b) "Gasoline-powered landscape equipment" means any
216 machine powered by an internal combustion engine or motor that
217 uses gasoline, diesel, or a blend of gasoline and oil which is
218 used to provide landscape management or maintenance or to move
219 leaves, dirt, grass, or other debris off of sidewalks,
220 driveways, lawns, or other surfaces.
221 (2) A county may not enact or enforce a resolution, an
222 ordinance, a rule, a code, or a policy or take any action that
223 restricts or prohibits the use of gasoline-powered farm
224 equipment or gasoline-powered landscape equipment and may not
225 create differing standards for such equipment or distinguish
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226 such equipment from any electric or similar equipment in a
227 retail, manufacturer, or distributor setting.
228 (3) This section does not prohibit or limit a county from
229 encouraging the use of alternative farm or landscape equipment,
230 such as battery-powered farm or landscape equipment.
231 Section 2. Section 166.063, Florida Statutes, is created
232 to read:
233 166.063 Preemption of restrictions on gasoline-powered
234 farm equipment or gasoline-powered landscape equipment.—
235 (1) As used in this section, the term:
236 (a) "Gasoline-powered farm equipment" means a machine
237 powered by an internal combustion engine or motor that uses
238 gasoline, diesel, or a blend of gasoline and oil which is used
239 on a farm or used to transport farm products.
240 (b) "Gasoline-powered landscape equipment" means any
241 machine powered by an internal combustion engine or motor that
242 uses gasoline, diesel, or a blend of gasoline and oil which is
243 used to provide landscape management or maintenance or to move
244 leaves, dirt, grass, or other debris off of sidewalks,
245 driveways, lawns, or other surfaces.
246 (2) A municipality may not enact or enforce a resolution,
247 an ordinance, a rule, a code, or a policy or take any action
248 that restricts or prohibits the use of gasoline-powered farm
249 equipment or gasoline-powered landscape equipment and may not
250 create differing standards for such equipment or distinguish
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251 such equipment from any electric or similar equipment in a
252 retail, manufacturer, or distributor setting.
253 (3) This section does not prohibit or limit a municipality
254 from encouraging the use of alternative farm or landscape
255 equipment, such as battery-powered farm or landscape equipment.
256 Section 3. Present subsection (19) of section 253.0341,
257 Florida Statutes, is redesignated as subsection (21), and new
258 subsections (19) and (20) are added to that section, to read:
259 253.0341 Surplus of state-owned lands.—
260 (19) The Acquisition and Restoration Council shall
261 determine whether any lands surplused by a local governmental
262 entity, as defined in s. 218.72, on or after January 1, 2024,
263 are suitable for bona fide agricultural purposes, as defined in
264 s. 193.461(3)(b). A local governmental entity may not transfer
265 future development rights for any surplused lands determined to
266 be suitable for bona fide agricultural purposes on or after
267 January 1, 2024.
268 (20) The Department of Environmental Protection, in
269 coordination with the Department of Agriculture and Consumer
270 Services, shall determine whether any state-owned conservation
271 lands acquired on or after January 1, 2024, are suitable for
272 bona fide agricultural purposes, as defined in s. 193.461(3)(b).
273 (a) Notwithstanding any other law or rule, the Department
274 of Environmental Protection may surplus state-owned conservation
275 lands acquired on or after January 1, 2024, determined to be
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276 suitable for bona fide agricultural purposes.
277 (b) For all state-owned conservation lands determined to
278 be suitable for bona fide agricultural production and surplused
279 by the Department of Environmental Protection, the department
280 shall retain a rural-lands-protection easement pursuant to s.
281 570.71(3). All proceeds from the sale of such surplused lands
282 must be deposited into the Incidental Trust Fund within the
283 Department of Agriculture and Consumer Services for less than
284 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
285 (c) By January 1, 2027, and each January 1 thereafter, the
286 Department of Environmental Protection shall provide a report of
287 state-owned conversation lands surplused pursuant to this
288 subsection to the Board of Trustees of the Internal Improvement
289 Trust Fund.
290 (d) Designated state forest lands, state park lands, or
291 wildlife management areas may not be surplused pursuant to this
292 subsection.
293 Section 4. Section 259.1053, Florida Statutes, is amended
294 to read:
295 259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory
296 Group.—
297 (1) SHORT TITLE.—This section may be cited as the "Babcock
298 Ranch Preserve Act."
299 (2) DEFINITIONS.—As used in this section, the term:
300 (a) "Babcock Ranch Preserve" and "preserve" mean the lands
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301 and facilities acquired in the purchase of the Babcock Crescent
302 B Ranch, as provided in s. 259.1052.
303 (b) "Commission" means the Fish and Wildlife Conservation
304 Commission.
305 (c) "Commissioner" means the Commissioner of Agriculture.
306 (d) "Department" means the Department of Agriculture and
307 Consumer Services.
308 (e) "Executive director" means the Executive Director of
309 the Fish and Wildlife Conservation Commission.
310 (f) "Financially self-sustaining" means having management
311 and operation expenditures not more than the revenues collected
312 from fees and other receipts for resource use and development
313 and from interest and invested funds.
314 (g) "Florida Forest Service" means the Florida Forest
315 Service of the Department of Agriculture and Consumer Services.
316 (h) "Multiple use" means the management of all of the
317 renewable surface resources of the Babcock Ranch Preserve to
318 best meet the needs of the public, including the use of the land
319 for some or all of the renewable surface resources or related
320 services over areas large enough to allow for periodic
321 adjustments in use to conform to the changing needs and
322 conditions of the preserve while recognizing that a portion of
323 the land will be used for some of the renewable surface
324 resources available on that land. The goal of multiple use is
325 the harmonious and coordinated management of the renewable
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326 surface resources without impairing the productivity of the land
327 and considering the relative value of the renewable surface
328 resources, and not necessarily a combination of uses to provide
329 the greatest monetary return or the greatest unit output.
330 (i) "Sustained yield of the renewable surface resources"
331 means the achievement and maintenance of a high level of annual
332 or regular periodic output of the various renewable surface
333 resources of the preserve without impairing the productivity of
334 the land.
335 (3) CREATION OF BABCOCK RANCH PRESERVE.—
336 (a) Upon the date of acquisition of the Babcock Crescent B
337 Ranch, there is created the Babcock Ranch Preserve, which shall
338 be managed in accordance with the purposes and requirements of
339 this section.
340 (b) The preserve is established to protect and preserve
341 the environmental, agricultural, scientific, scenic, geologic,
342 watershed, fish, wildlife, historic, cultural, and recreational
343 values of the preserve, and to provide for the multiple use and
344 sustained yield of the renewable surface resources within the
345 preserve consistent with this section.
346 (c) This section does not preclude the use of common
347 varieties of mineral materials such as sand, stone, and gravel
348 for construction and maintenance of roads and facilities within
349 the preserve.
350 (d) This section does not affect the constitutional
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351 responsibilities of the commission in the exercise of its
352 regulatory and executive power with respect to wild animal life
353 and freshwater aquatic life, including the regulation of
354 hunting, fishing, and trapping within the preserve.
355 (e) This section does not interfere with or prevent the
356 implementation of agricultural practices authorized by the
357 agricultural land use designations established in the local
358 comprehensive plans of either Charlotte County or Lee County as
359 those plans apply to the Babcock Ranch Preserve.
360 (f) This section does not preclude the maintenance and use
361 of roads and trails or the relocation of roads in existence on
362 the effective date of this section, or the construction,
363 maintenance, and use of new trails, or any motorized access
364 necessary for the administration of the land contained within
365 the preserve, including motorized access necessary for
366 emergencies involving the health or safety of persons within the
367 preserve.
368 (4) BABCOCK RANCH ADVISORY GROUP.—
369 (a) The purpose of the Babcock Ranch Advisory Group is to
370 assist the department by providing guidance and advice
371 concerning the management and stewardship of the Babcock Ranch
372 Preserve.
373 (b) The Babcock Ranch Advisory Group shall be comprised of
374 nine members appointed to 5-year terms. Based on recommendations
375 from the Governor and Cabinet, the commission, and the governing
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376 boards of Charlotte County and Lee County, the commissioner
377 shall appoint members as follows:
378 1. One member with experience in sustainable management of
379 forest lands for commodity purposes.
380 2. One member with experience in financial management,
381 budget and program analysis, and small business operations.
382 3. One member with experience in management of game and
383 nongame wildlife and fish populations, including hunting,
384 fishing, and other recreational activities.
385 4. One member with experience in domesticated livestock
386 management, production, and marketing, including range
387 management and livestock business management.
388 5. One member with experience in agriculture operations or
389 forestry management.
390 6. One member with experience in hunting, fishing, nongame
391 species management, or wildlife habitat management, restoration,
392 and conservation.
393 7. One member with experience in public outreach and
394 education.
395 8. One member who is a resident of Lee County, to be
396 designated by the Board of County Commissioners of Lee County.
397 9. One member who is a resident of Charlotte County, to be
398 designated by the Board of County Commissioners of Charlotte
399 County.
400
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401 Vacancies will be filled in the same manner in which the
402 original appointment was made. A member appointed to fill a
403 vacancy shall serve for the remainder of that term.
404 (c) Members of the Babcock Ranch Advisory Group shall:
405 1. Elect a chair and vice chair from among the group
406 members.
407 2. Meet regularly as determined by the chair.
408 3. Serve without compensation but shall receive
409 reimbursement for travel and per diem expenses as provided in s.
410 112.061.
411 (4)(5) MANAGEMENT OF PRESERVE; FEES.—
412 (a) The department shall assume all authority provided by
413 this section to manage and operate the preserve as a working
414 ranch upon the termination or expiration of the management
415 agreement attached as Exhibit "E" to that certain agreement for
416 sale and purchase approved by the Board of Trustees of the
417 Internal Improvement Trust Fund on November 22, 2005, and by Lee
418 County on November 20, 2005.
419 (b) Upon assuming management and operation of the
420 preserve, the department shall:
421 1. Manage and operate the preserve and the uses thereof,
422 including, but not limited to, the activities necessary to
423 administer and operate the preserve as a working ranch; the
424 activities necessary for the preservation and development of the
425 land and renewable surface resources of the preserve; the
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426 activities necessary for interpretation of the history of the
427 preserve on behalf of the public; the activities necessary for
428 the management, public use, and occupancy of facilities and
429 lands within the preserve; and the maintenance, rehabilitation,
430 repair, and improvement of property within the preserve.
431 2. Develop programs and activities relating to the
432 management of the preserve as a working ranch.
433 3. Establish procedures for entering into lease agreements
434 and other agreements for the use and occupancy of the facilities
435 of the preserve. The procedures shall ensure reasonable
436 competition and set guidelines for determining reasonable fees,
437 terms, and conditions for such agreements.
438 4. Assess reasonable fees for admission to, use of, and
439 occupancy of the preserve to offset costs of operating the
440 preserve as a working ranch. These fees are independent of fees
441 assessed by the commission for the privilege of hunting,
442 fishing, or pursuing outdoor recreational activities within the
443 preserve, and shall be deposited into the Incidental Trust Fund
444 of the Florida Forest Service, subject to appropriation by the
445 Legislature.
446 (c) The commission, in cooperation with the department,
447 shall:
448 1. Establish and implement public hunting and other fish
449 and wildlife management activities. Tier I and Tier II public
450 hunting opportunities shall be provided consistent with the
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451 management plan and the recreation master plan. Tier I public
452 hunting shall provide hunting opportunities similar to those
453 offered on wildlife management areas with an emphasis on youth
454 and family-oriented hunts. Tier II public hunting shall be
455 provided specifically by fee-based permitting to ensure
456 compatibility with livestock grazing and other essential
457 agricultural operations on the preserve.
458 2. Establish and administer permit fees for Tier II public
459 hunting to capitalize on the value of hunting on portions of the
460 preserve and to help ensure the preserve is financially self-
461 sufficient. The fees shall be deposited into the State Game
462 Trust Fund of the Fish and Wildlife Conservation Commission to
463 be used to offset the costs of providing public hunting and to
464 support fish and wildlife management and other land management
465 activities on the preserve.
466 (d) The Board of Trustees of the Internal Improvement
467 Trust Fund or its designated agent may:
468 1. Negotiate directly with and enter into such agreements,
469 leases, contracts, and other arrangements with any person, firm,
470 association, organization, corporation, or governmental entity,
471 including entities of federal, state, and local governments, as
472 are necessary and appropriate to carry out the purposes and
473 activities authorized by this section.
474 2. Grant privileges, leases, concessions, and permits for
475 the use of land for the accommodation of visitors to the
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476 preserve, provided no natural curiosities or objects of interest
477 shall be granted, leased, or rented on such terms as shall deny
478 or interfere with free access to them by the public. Such
479 grants, leases, and permits may be made and given without
480 advertisement or securing competitive bids. Such grants, leases,
481 or permits may not be assigned or transferred by any grantee
482 without consent of the Board of Trustees of the Internal
483 Improvement Trust Fund or its designated agent.
484 (5)(6) DISSOLUTION OF BABCOCK RANCH, INC.—Upon dissolution
485 of the Babcock Ranch, Inc., all statutory powers, duties,
486 functions, records, personnel, property, and unexpended balances
487 of appropriations, allocations, and other funds of the
488 corporation shall be transferred to the Department of
489 Agriculture and Consumer Services unless otherwise provided by
490 law. Any cash balances of funds shall revert to the Incidental
491 Trust Fund of the Florida Forest Service.
492 Section 5. Paragraph (a) of subsection (2) of section
493 287.1351, Florida Statutes, is amended, and subsection (3) of
494 that section is republished, to read:
495 287.1351 Suspended vendors; state contracts.—
496 (2)(a) A vendor that is in default on any contract with an
497 agency, has failed to timely compensate its subcontractors or
498 suppliers, or has otherwise repeatedly demonstrated a recent
499 inability to fulfill the terms and conditions of previous state
500 contracts or to adequately perform its duties under those
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501 contracts may not submit a bid, proposal, or reply to an agency
502 or enter into or renew a contract to provide any goods or
503 services to an agency after its placement, pursuant to this
504 section, on the suspended vendor list.
505 (3) An agency shall notify the department of any vendor
506 that has met the grounds for suspension described in paragraph
507 (2)(a). The agency must provide documentation to the department
508 evidencing the vendor's default or other grounds for suspension.
509 The department shall review the documentation provided and
510 determine whether good cause exists to remove the vendor from
511 the vendor list and to place it on the suspended vendor list. If
512 good cause exists, the department must notify the vendor in
513 writing of its intent to remove the vendor from the vendor list
514 and of the vendor's right to an administrative hearing and the
515 applicable procedures and time requirements for any such
516 hearing. If the vendor does not request an administrative
517 hearing, the department must enter a final order removing the
518 vendor from the vendor list. A vendor may not be removed from
519 the vendor list without receiving an individual notice of intent
520 from the department.
521 Section 6. Paragraph (c) is added to subsection (4) of
522 section 322.12, Florida Statutes, to read:
523 322.12 Examination of applicants.—
524 (4) The examination for an applicant for a commercial
525 driver license shall include a test of the applicant's eyesight
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526 given by a driver license examiner designated by the department
527 or by a licensed ophthalmologist, optometrist, or physician and
528 a test of the applicant's hearing given by a driver license
529 examiner or a licensed physician. The examination shall also
530 include a test of the applicant's ability to read and understand
531 highway signs regulating, warning, and directing traffic; his or
532 her knowledge of the traffic laws of this state pertaining to
533 the class of motor vehicle which he or she is applying to be
534 licensed to operate, including laws regulating driving under the
535 influence of alcohol or controlled substances, driving with an
536 unlawful blood-alcohol level, and driving while intoxicated; his
537 or her knowledge of the effects of alcohol and controlled
538 substances and the dangers of driving a motor vehicle after
539 having consumed alcohol or controlled substances; and his or her
540 knowledge of any special skills, requirements, or precautions
541 necessary for the safe operation of the class of vehicle which
542 he or she is applying to be licensed to operate. In addition,
543 the examination shall include an actual demonstration of the
544 applicant's ability to exercise ordinary and reasonable control
545 in the safe operation of a motor vehicle or combination of
546 vehicles of the type covered by the license classification which
547 the applicant is seeking, including an examination of the
548 applicant's ability to perform an inspection of his or her
549 vehicle.
550 (c) An applicant for a commercial driver license who
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551 receives unauthorized assistance from another person in
552 completing the portion of the examination which tests the
553 applicant's ability to read and understand highway signs
554 regulating, warning, and directing traffic or his or her
555 knowledge of the traffic laws of this state pertaining to the
556 class of motor vehicle for which he or she is applying to be
557 licensed to operate, including laws regulating driving under the
558 influence of alcohol or controlled substances, driving with an
559 unlawful blood-alcohol level, and driving while intoxicated,
560 commits a misdemeanor of the second degree, punishable as
561 provided in s. 775.082 or s. 775.083.
562 Section 7. Section 322.36, Florida Statutes, is amended to
563 read:
564 322.36 Permitting unauthorized operator to drive.—
565 (1) A person may not authorize or knowingly permit a motor
566 vehicle owned by him or her or under his or her dominion or
567 control to be operated upon any highway or public street except
568 by a person who is duly authorized to operate a motor vehicle
569 under this chapter.
570 (2) A person may not knowingly or willfully provide
571 unauthorized assistance to an applicant for the examination
572 required to hold a commercial driver license pursuant to s.
573 322.12(4).
574 (3) A Any person who violates this section commits a
575 misdemeanor of the second degree, punishable as provided in s.
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576 775.082 or s. 775.083. If a person violates this section by
577 knowingly loaning a vehicle to a person whose driver license is
578 suspended and if that vehicle is involved in an accident
579 resulting in bodily injury or death, the driver license of the
580 person violating this section must shall be suspended for 1
581 year.
582 Section 8. Sections 377.71, 377.711, and 377.712, Florida
583 Statutes, are repealed.
584 Section 9. Present paragraphs (a) and (b) of subsection
585 (3) of section 403.0855, Florida Statutes, are redesignated as
586 paragraphs (b) and (c), respectively, a new paragraph (a) is
587 added to that subsection, and subsections (2) and (4) of that
588 section are amended, to read:
589 403.0855 Biosolids management.—
590 (2) The department shall adopt rules for biosolids
591 management. Rules adopted by the department pursuant to this
592 section may not take effect until ratified by the Legislature.
593 (3) For a new land application site permit or a permit
594 renewal issued after July 1, 2020, the permittee of a biosolids
595 land application site shall:
596 (a) Ensure that only Class AA biosolids are applied to the
597 soil.
598 (4) All permits shall comply with the requirements of
599 subsection (3) by July 1, 2022.
600 Section 10. Subsections (20) and (21) are added to section
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601 489.105, Florida Statutes, to read:
602 489.105 Definitions.—As used in this part:
603 (20) "Subcontractor" has the same meaning as in s.
604 558.002.
605 (21) "Supplier" has the same meaning as in s. 558.002.
606 Section 11. Section 489.1295, Florida Statutes, is created
607 to read:
608 489.1295 Theft of subcontractor or supplier services.—
609 (1) A person licensed as a contractor or who otherwise
610 holds himself or herself out to be a contractor may not
611 knowingly or willfully fail to compensate his or her
612 subcontractors or suppliers without reasonable cause within 15
613 business days after receiving payment for the services performed
614 by the subcontractor or supplier.
615 (2) A person licensed as a contractor or who otherwise
616 holds himself or herself out to be a contractor who violates
617 this section commits a misdemeanor of the first degree,
618 punishable as provided in s. 775.082 or s. 775.083.
619 (3) If a person licensed as a contractor or who otherwise
620 holds himself or herself out to be a contractor violates this
621 section and the services performed by the subcontractor or
622 supplier are valued at $20,000 or more, such person commits a
623 felony of the third degree, punishable as provided in s.
624 775.082, s. 775.083, or s. 775.084.
625 Section 12. Subsection (6) of section 500.04, Florida
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626 Statutes, is amended to read:
627 500.04 Prohibited acts.—The following acts and the causing
628 thereof within the state are prohibited:
629 (6) The obstruction of or refusal to permit entry or
630 inspection, or to permit the taking of a sample, as authorized
631 by s. 500.147.
632 Section 13. Section 500.81, Florida Statutes, is repealed.
633 Section 14. Subsection (5) of section 500.93, Florida
634 Statutes, is amended to read:
635 500.93 Mislabeling of plant-based products as milk, meat,
636 or poultry.—
637 (5) The Department of Agriculture and Consumer Services
638 shall notify the Division of Law Revision upon the enactment
639 into law by any 11 of the group of 14 states composed of
640 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
641 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
642 Texas, Virginia, and West Virginia of the mandatory labeling
643 requirements pursuant to paragraphs (2)(a), (3)(a), and (4)(a)
644 subsections (2) and (3).
645 Section 15. Section 501.013, Florida Statutes, is amended
646 to read:
647 501.013 Health studios; exemptions.—
648 (1) The following businesses or activities may be declared
649 exempt from the provisions of ss. 501.012-501.019 upon the
650 filing of an affidavit with the department establishing that the
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651 stated qualifications are met:
652 (a)(1) A bona fide nonprofit organization which has been
653 granted tax-exempt status by the Internal Revenue Service.
654 (b)(2) A gymnastics school which engages only in
655 instruction and training and in which exercise is only
656 incidental to such instruction and training.
657 (c)(3) A golf, tennis, or racquetball club in which sports
658 play is the only activity offered by the club. If the facility
659 offers the use of physical exercise equipment, this exemption
660 shall not apply.
661 (d)(4) A program or facility which is offered and used
662 solely for the purpose of dance, aerobic exercise, or martial
663 arts, and which utilizes no physical exercise equipment.
664 (e)(5) A country club that has as its primary function the
665 provision of a social life and recreational amenities to its
666 members, and for which a program of physical exercise is merely
667 incidental to membership. As used in this paragraph subsection,
668 the term "country club" means a facility that offers its members
669 a variety of services that may include, but need not be limited
670 to, social activities; dining, banquet, catering, and lounge
671 facilities; swimming; yachting; golf; tennis; card games such as
672 bridge and canasta; and special programs for members' children.
673 Upon the filing of an affidavit with the department establishing
674 that the stated qualifications of this paragraph subsection were
675 met before July 1, 1997, this paragraph subsection will apply
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676 retroactively to the date that the country club met these
677 qualifications.
678 (f)(6) A program or facility that is offered by an
679 organization for the exclusive use of its employees and their
680 family members.
681 (2) In addition to the businesses and activities listed in
682 subsection (1), the department may exempt any other business or
683 activity not in existence as of July 1, 2026, from ss. 501.012-
684 501.019.
685 Section 16. Section 501.062, Florida Statutes, is created
686 to read:
687 501.062 Unauthorized commercial solicitation; legislative
688 intent; definitions; prohibited acts; penalties.—
689 (1) LEGISLATIVE INTENT.—It is the intent of the
690 Legislature to protect, preserve, and promote the safety,
691 welfare, and peace of the citizens of this state by adopting
692 measure to reduce the threat to private property rights,
693 including the right to exclude and to be free from trespass of
694 unauthorized commercial solicitation on private property when
695 noticed by the property owner. It is the intent of this section
696 to protect such private property rights by creating a uniform
697 standard for notifying individuals or groups of individuals that
698 commercial solicitation is prohibited on private property.
699 (2) DEFINITIONS.—As used in this section, the term:
700 (a) "Commercial solicitation" means the act of attempting
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701 to sell goods or services, or to raise funds for a commercial
702 purpose, through direct or indirect contact with individuals,
703 including, but not limited to, using words, body gestures, or
704 signs, on behalf of a business or commercial entity.
705 (b) "Dwelling" has the same meaning as in s. 810.011(2).
706 (3) PROHIBITED ACTS.—A person may not engage in commercial
707 solicitation on any dwelling that clearly and prominently
708 displays a sign that is no less than 8.5 by 11 inches, is
709 visible to any person approaching the dwelling, and clearly
710 displays a statement which identifies the dwelling as private
711 property on which commercial solicitation is prohibited, in
712 substantially the following manner with letters at least 1 inch
713 in height:
714
715 THIS DWELLING IS DESIGNATED PRIVATE PROPERTY. NO
716 COMMERCIAL SOLICITATION IS PERMITTED PURSUANT TO
717 SECTION 501.062, FLORIDA STATUTES.
718
719 (4) PENALTIES.—A person who violates subsection (3)
720 commits a noncriminal violation, punishable as provided in s.
721 775.083. A person who commits a second or subsequent violation
722 commits a misdemeanor of the second degree, punishable as
723 provided in s. 775.082 or s. 775.083.
724 Section 17. Subsection (50) is added to section 570.07,
725 Florida Statutes, to read:
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726 570.07 Department of Agriculture and Consumer Services;
727 functions, powers, and duties.—The department shall have and
728 exercise the following functions, powers, and duties:
729 (50) Notwithstanding s. 20.04(7), to reorganize
730 departmental units upon the approval of the commissioner.
731 Section 18. Paragraph (c) is added to subsection (3) of
732 section 570.822, Florida Statutes, to read:
733 570.822 Agriculture and Aquaculture Producers Emergency
734 Recovery Loan Program.—
735 (3) ELIGIBLE APPLICANTS.—To be eligible for the program,
736 an applicant must:
737 (c) Be a United States citizen and a legal resident of
738 this state before or on the date of the declared emergency. If
739 the applicant is an entity as defined in s. 605.0102, the entity
740 must be wholly owned and operated in the United States and
741 possess an active certificate of status issued by the Department
742 of State pursuant to chapter 605.
743 Section 19. Section 570.846, Florida Statutes, is created
744 to read:
745 570.846 Food Animal Veterinary Medicine Loan Repayment
746 Program.—
747 (1) PURPOSE.—To encourage specialized and qualified
748 veterinary professionals to practice in this state, to retain
749 the employment of such professionals in this state, and to
750 promote the care and treatment of food animals intended for
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751 human consumption, there is established the Food Animal
752 Veterinary Medicine Loan Repayment Program. The purpose of the
753 program is authorize the department to make payments that offset
754 loans incurred, for up to three new eligible candidates
755 annually, for studies leading to a veterinary degree with a
756 specialization in food animal veterinary medicine.
757 (2) DEFINITIONS.—As used in this section, the term:
758 (a) "Food animal" means a species of animal raised for the
759 human food supply. Food animal species include cattle, swine,
760 sheep, goat, poultry, aquaculture, and apiary species.
761 (b) "Food animal veterinarian" means a veterinarian
762 working in food animal veterinary medicine who focuses on the
763 management and health of food animals, and who spends a minimum
764 of 20 hours per week on food animal species care and treatment.
765 (c) "Food animal veterinary medicine" means veterinary
766 medical practice that encompasses medical care, disease
767 prevention, and consultation on feeding, housing, and overall
768 herd management of food animals to ensure a safe, healthy, and
769 sustainable food supply for the public.
770 (3) ELIGIBILITY.—To be eligible for the program, a
771 candidate must have graduated from an American Veterinary
772 Medical Association-accredited college of veterinary medicine,
773 have received a Florida veterinary medical license, have
774 obtained a Category II Accreditation from the United States
775 Department of Agriculture, and be a practicing food animal
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776 veterinarian in this state.
777 (4) FUNDING.—Subject to legislative appropriation, the
778 department may make loan principal repayments of up to $25,000 a
779 year for up to 5 years on behalf of eligible candidates. All
780 repayments are contingent upon continued proof of employment in
781 this state as a practicing food animal veterinarian.
782 (5) DUPLICATION OF FINANCIAL ASSISTANCE.—An eligible
783 candidate receiving financial assistance from the federal
784 veterinary medicine loan repayment program as established in 7
785 U.S.C. part 3151a is ineligible to receive financial assistance
786 from the program under this section.
787 (6) RULEMAKING.—The department may adopt any rule
788 necessary for the administration of the program.
789 Section 20. Subsection (4) of section 583.01, Florida
790 Statutes, is amended to read:
791 583.01 Definitions.—For the purpose of this chapter,
792 unless elsewhere indicated, the term:
793 (4) "Dealer" means a person, firm, or corporation,
794 including a producer, processor, retailer, or wholesaler, that
795 sells, offers for sale, or holds for the purpose of sale in this
796 state 30 dozen or more eggs or its equivalent in any one week,
797 or more than 20,000 384 dressed birds annually in any one week.
798 Section 21. Section 590.02, Florida Statutes, is amended
799 to read:
800 590.02 Florida Forest Service; powers, authority, and
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801 duties; liability; building structures; Withlacoochee and Welaka
802 Training Centers Center.—
803 (1) The Florida Forest Service has the following powers,
804 authority, and duties to:
805 (a) Enforce the provisions of this chapter;
806 (b) Prevent, detect, and suppress wildfires wherever they
807 may occur on public or private land in this state and do all
808 things necessary in the exercise of such powers, authority, and
809 duties;
810 (c) Provide firefighting crews, who shall be under the
811 control and direction of the Florida Forest Service and its
812 designated agents;
813 (d) Appoint center managers, forest area supervisors,
814 forestry program administrators, a forest protection bureau
815 chief, a forest protection assistant bureau chief, a field
816 operations bureau chief, deputy chiefs of field operations,
817 district managers, forest operations administrators, senior
818 forest rangers, investigators, forest rangers, firefighter
819 rotorcraft pilots, and other employees who may, at the Florida
820 Forest Service's discretion, be certified as forestry
821 firefighters pursuant to s. 633.408(8). Other law
822 notwithstanding, center managers, district managers, forest
823 protection assistant bureau chief, and deputy chiefs of field
824 operations have Selected Exempt Service status in the state
825 personnel designation;
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826 (e) Develop a training curriculum for wildland
827 firefighters which must contain a minimum of 40 hours of
828 structural firefighter training, a minimum of 40 hours of
829 emergency medical training, and a minimum of 376 hours of
830 wildfire training;
831 (f) Pay the cost of the initial commercial driver license
832 examination fee, and renewal, for those employees whose position
833 requires them to operate equipment requiring a license. This
834 paragraph is intended to be an authorization to the department
835 to pay such costs, not an obligation;
836 (g) Provide fire management services and emergency
837 response assistance and set and charge reasonable fees for
838 performance of those services. Moneys collected from such fees
839 shall be deposited into the Incidental Trust Fund of the Florida
840 Forest Service;
841 (h) Require all state, regional, and local government
842 agencies operating aircraft in the vicinity of an ongoing
843 wildfire to operate in compliance with the applicable state
844 Wildfire Aviation Plan;
845 (i) Authorize broadcast burning, prescribed burning, pile
846 burning, and land clearing debris burning to carry out the
847 duties of this chapter and the rules adopted thereunder; and
848 (j) Make rules to accomplish the purposes of this chapter.
849 (2) The Florida Forest Service's employees, and the
850 firefighting crews under their control and direction, may enter
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851 upon any lands for the purpose of preventing, detecting, and
852 suppressing wildfires and investigating smoke complaints or open
853 burning not in compliance with authorization and to enforce the
854 provisions of this chapter.
855 (3) Employees of the Florida Forest Service and of
856 federal, state, and local agencies, and all other persons and
857 entities that are under contract or agreement with the Florida
858 Forest Service to assist in firefighting operations as well as
859 those entities, called upon by the Florida Forest Service to
860 assist in firefighting may, in the performance of their duties,
861 set counterfires, remove fences and other obstacles, dig
862 trenches, cut firelines, use water from public and private
863 sources, and carry on all other customary activities in the
864 fighting of wildfires without incurring liability to any person
865 or entity. The manner in which the Florida Forest Service
866 monitors a smoldering wildfire or smoldering prescribed fire or
867 fights any wildfire are planning level activities for which
868 sovereign immunity applies and is not waived.
869 (4)(a) The department may build structures,
870 notwithstanding chapters 216 and 255, not to exceed a cost of
871 $50,000 per structure from existing resources on forest lands,
872 federal excess property, and unneeded existing structures. These
873 structures must meet all applicable building codes.
874 (b) Notwithstanding s. 553.80(1), the department shall
875 exclusively enforce the Florida Building Code as it pertains to
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876 wildfire, law enforcement, and other Florida Forest Service
877 facilities under the jurisdiction of the department.
878 (5) The Florida Forest Service shall organize its
879 operational units to most effectively prevent, detect, and
880 suppress wildfires, and to that end, may employ the necessary
881 personnel to manage its activities in each unit. The Florida
882 Forest Service may construct lookout towers, roads, bridges,
883 firelines, and other facilities and may purchase or fabricate
884 tools, supplies, and equipment for firefighting. The Florida
885 Forest Service may reimburse the public and private entities
886 that it engages to assist in the suppression of wildfires for
887 their personnel and equipment, including aircraft.
888 (6) The Florida Forest Service shall undertake
889 privatization alternatives for fire prevention activities
890 including constructing fire lines and conducting prescribed
891 burns and, where appropriate, entering into agreements or
892 contracts with the private sector to perform such activities.
893 (7) The Florida Forest Service may organize, staff, equip,
894 and operate the Withlacoochee and Welaka Training Centers
895 Center. The centers center shall serve as sites a site where
896 fire and forest resource managers can obtain current knowledge,
897 techniques, skills, and theory as they relate to their
898 respective disciplines, and the centers:.
899 (a) The center May establish cooperative efforts involving
900 federal, state, and local entities; hire appropriate personnel;
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901 and engage others by contract or agreement with or without
902 compensation to assist in carrying out the training and
903 operations of the centers center.
904 (b) The center Shall provide wildfire suppression training
905 opportunities for rural fire departments, volunteer fire
906 departments, and other local fire response units.
907 (c) The center Shall focus on curriculum related to, but
908 not limited to, fuel reduction, an incident management system,
909 prescribed burning certification, multiple-use land management,
910 water quality, forest health, environmental education, and
911 wildfire suppression training for structural firefighters.
912 (d) The center May assess appropriate fees for food,
913 lodging, travel, course materials, and supplies in order to meet
914 its operational costs and may grant free meals, room, and
915 scholarships to persons and other entities as determined by the
916 Florida Forest Service, regardless of whether training occurs at
917 the Withlacoochee or Welaka Training Center or at another
918 location in exchange for instructional assistance.
919 (8)(a) The Cross City Work Center shall be named the L.
920 Earl Peterson Forestry Station. This is to honor Mr. L. Earl
921 Peterson, Florida's sixth state forester, whose distinguished
922 career in state government has spanned 44 years, and who is a
923 native of Dixie County.
924 (b) The Madison Forestry Station shall be named the Harvey
925 Greene Sr. Forestry Station. This is to honor Mr. Harvey Greene
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926 Sr., a World War I veteran and pioneer in forestry in Madison
927 County. In 1947, Mr. Harvey Greene Sr. offered to give the land
928 on which the forestry station is located to the state; however,
929 at that time, the state could not accept donations of land.
930 Instead, Mr. Harvey Greene Sr. sold the land to the state and,
931 with the proceeds of the sale, purchased forestry equipment to
932 be used by the citizens of Madison County to plant trees and
933 fight wildfires.
934 (9)(a) Notwithstanding ss. 273.055 and 287.16, the
935 department may retain, transfer, warehouse, bid, destroy, scrap,
936 or otherwise dispose of surplus equipment and vehicles that are
937 used for wildland firefighting.
938 (b) All money received from the disposition of state-owned
939 equipment and vehicles that are used for wildland firefighting
940 shall be retained by the department. Money received pursuant to
941 this section is appropriated for and may be disbursed for the
942 acquisition of exchange and surplus equipment used for wildland
943 firefighting, and for all necessary operating expenditures
944 related to such equipment, in the same fiscal year and the
945 fiscal year following the disposition. The department shall
946 maintain records of the accounts into which the money is
947 deposited.
948 (10)(a) Notwithstanding the provisions of s. 252.38, the
949 Florida Forest Service has exclusive authority to require and
950 issue authorizations for broadcast burning and agricultural and
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951 silvicultural pile burning. An agency, commission, department,
952 county, municipality, or other political subdivision of the
953 state may not adopt or enforce laws, regulations, rules, or
954 policies pertaining to broadcast burning or agricultural and
955 silvicultural pile burning.
956 (b) The Florida Forest Service may delegate to a county,
957 municipality, or special district its authority:
958 1. As delegated by the Department of Environmental
959 Protection pursuant to ss. 403.061(29) and 403.081, to manage
960 and enforce regulations pertaining to the burning of yard trash
961 in accordance with s. 590.125(6).
962 2. To manage the open burning of land clearing debris in
963 accordance with s. 590.125.
964 Section 22. Section 595.421, Florida Statutes, is created
965 to read:
966 595.421 Farmers Feeding Florida Program.—There is
967 established the Farmers Feeding Florida Program to coordinate
968 with Feeding Florida, or its successor entity, for the
969 acquisition, transportation, and distribution of non-Emergency
970 Food Assistance Program fresh food products for the benefit of
971 residents who are food insecure due to a lack of local food
972 resources, accessibility, and affordability.
973 (1) In order to implement the program, Feeding Florida
974 shall:
975 (a) Enter into an agreement with the department to
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976 provide, at a minimum, all of the following services:
977 1. Transportation of non-Emergency Food Assistance Program
978 fresh food products using owned vehicles or contracted
979 commercial vehicles.
980 2. Coordination of the purchase and pickup of food from
981 the purchase location and delivery to the distribution location.
982 (b) Submit monthly reports to the department, beginning
983 July 1, 2026, which include, at a minimum, all of the following:
984 1. A detailed record of the amount of food purchased,
985 measured per pound and itemized according to its commodity type.
986 2. Food purchase locations.
987 3. Food purchase dates.
988 4. The date of delivery and locations to which the food
989 was distributed.
990 (c) Submit quarterly reports, beginning July 1, 2026, to
991 the chairs of the legislative appropriations committees,
992 including all of the following information:
993 1. A detailed record of the amount of food distributed,
994 measured per pound and itemized according to its commodity type.
995 2. The distribution locations.
996 3. An itemized list of the types of commodities
997 distributed.
998 (2) Foods purchased by Feeding Florida through the program
999 are restricted to charitable purposes for hunger relief and may
1000 not reenter the wholesale, retail, or secondary market.
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1001 (3) Feeding Florida may not, in implementing this section,
1002 allow a candidate for elective office to host a food
1003 distribution event during the period of time between the last
1004 day of the election qualifying period and the date of the
1005 election if the candidate is opposed for election or re-election
1006 at the time of the event. This subsection does not apply if the
1007 event is in response to a declared state of emergency.
1008 Section 23. Present paragraph (c) of subsection (7) of
1009 section 597.004, Florida Statutes, is redesignated as paragraph
1010 (d) and amended, a new paragraph (c) is added to that
1011 subsection, and paragraph (a) of subsection (2) of that section
1012 is amended, to read:
1013 597.004 Aquaculture certificate of registration.—
1014 (2) RULES.—
1015 (a) The department, in consultation with the Department of
1016 Environmental Protection, the water management districts,
1017 environmental groups, and representatives from the affected
1018 farming groups, shall adopt rules to:
1019 1. Specify the requirement of best management practices to
1020 be implemented by holders of aquaculture certificates of
1021 registration.
1022 2. Establish procedures for holders of aquaculture
1023 certificates of registration to submit the notice of intent to
1024 comply with best management practices.
1025 3. Establish schedules for implementation of best
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1026 management practices, and of interim measures that can be taken
1027 prior to adoption of best management practices. Interim measures
1028 may include the continuation of regulatory requirements in
1029 effect on June 30, 1998.
1030 4. Establish a system to assure the implementation of best
1031 management practices, including recordkeeping requirements.
1032 5. Require any facility that cultures Micropterus
1033 salmoides floridanus to maintain stock acquisition documentation
1034 or records of genetic testing.
1035 (7) REGISTRATION AND RENEWALS.—
1036 (c) The department may not renew a certificate of
1037 registration for a facility that is not compliant with this
1038 section unless documentation of corrective action is provided
1039 with the renewal application.
1040 (d)(c) A Any person whose certificate of registration has
1041 been revoked or suspended must reapply to the department for
1042 certification. A person, a company, or an entity, or a principal
1043 of a company or an entity whose certificate of registration has
1044 been revoked, may not reapply for a period of 3 years.
1045 Section 24. Paragraph (a) of subsection (5) of section
1046 597.010, Florida Statutes, is amended to read:
1047 597.010 Shellfish regulation; leases.—
1048 (5) LEASES IN PERPETUITY; RENT.—
1049 (a) All leases issued previously under the provisions of
1050 s. 379.2525 shall be enforced under the authority of this
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1051 chapter, notwithstanding any other law to the contrary, and
1052 shall continue in perpetuity under such restrictions as stated
1053 in the lease agreement. The annual rental fee charged for all
1054 leases shall consist of the minimum rate of $15 per acre, or any
1055 fraction of an acre, per year and may shall be adjusted on
1056 January 1, 1995, and every 5 years thereafter, based on the 5-
1057 year average change in the Consumer Price Index. Rent must shall
1058 be paid in advance of January 1 of each year or, in the case of
1059 a new lease, at the time of signing, regardless of who holds the
1060 lease.
1061 Section 25. Paragraphs (b) and (c) of subsection (1) of
1062 section 599.012, Florida Statutes, are amended to read:
1063 599.012 Florida Wine Trust Fund; creation.—
1064 (1) There is established the Florida Wine Trust Fund
1065 within the Department of Agriculture and Consumer Services. The
1066 department shall use the moneys deposited in the trust fund
1067 pursuant to subsection (2) to do all the following:
1068 (b) Promote wine viticulture products manufactured from
1069 products grown in the state.
1070 (c) Provide grants for wine and viticultural research.
1071 Section 26. Section 616.001, Florida Statutes, is amended
1072 to read:
1073 616.001 Definitions.—As used in this chapter, the term:
1074 (1) "Annual public fair" means a community, county,
1075 district, regional, or state fair that is held and conducted by
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1076 a fair association and permitted by the department pursuant to
1077 s. 616.15.
1078 (2) "Authority" means the Florida State Fair Authority.
1079 (3) "Community fair" means an annual public fair that
1080 serves an area of less than an entire county, has exhibits that
1081 are in accordance with s. 616.17, and gives premiums or awards
1082 to exhibitors. Agricultural products shall be produced in the
1083 community the exhibit represents. The majority of the board of
1084 directors of the fair shall reside, be employed, or operate a
1085 business in the community the fair represents.
1086 (3)(4) "Concession" means use by a fair association, or a
1087 grant, lease, or license to a third party, of a portion of the
1088 land under the ownership, custody, or control of a fair
1089 association for specific uses, or the right to enter upon the
1090 land for specific purposes, such as providing rides, games,
1091 food, beverage, merchandise for sale, exhibits, projects,
1092 activities, events, programs, or other uses authorized in this
1093 chapter.
1094 (5) "County fair" means an annual public fair that serves
1095 an entire county and provides exhibitors with premiums or awards
1096 for exhibits that are in accordance with s. 616.17. Agricultural
1097 products must be typical of those produced in the county the
1098 exhibit represents. The majority of the board of directors of
1099 the fair shall reside, be employed, or operate a business in the
1100 county that the fair association represents.
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1101 (4)(6) "Department" means the Department of Agriculture
1102 and Consumer Services.
1103 (7) "District fair" means an annual public fair that
1104 serves at least five counties and has exhibits that meet the
1105 requirements of s. 616.17. A district fair shall pay at least
1106 $25,000 in cash premiums or awards to exhibitors. Agricultural
1107 products must be typical of those produced in the counties the
1108 exhibit represents. Livestock may originate from outside the
1109 district, but must be registered in the exhibitor's name at
1110 least 30 days before the opening day of the fair. Each county is
1111 encouraged to have proportionate exhibits, typical of its
1112 respective natural resources. Each county shall have exhibits
1113 representing basic resources in agriculture and industry.
1114 (5)(8) "Entry" means one item entered for competition or
1115 show. An entry may constitute an exhibit, depending upon the
1116 regulations stated in the premium book.
1117 (6)(9) "Exhibit" means one or more entries entered for
1118 exhibition and constituting a unit. An exhibit may consist of
1119 one or more entries, depending upon the regulations stated in
1120 the premium book. The term includes parades and displays of
1121 articles or a collection of articles, whether static,
1122 interactive, or dynamic, by a fair association or a third party
1123 contracting with a fair association, such as exhibits of
1124 animals, art, housewares, or motor vehicles.
1125 (7)(10) "Exhibitor" means an individual, a group of
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1126 individuals, or a business, including a fair association or
1127 third party contracting with a fair association, which has an
1128 exhibit.
1129 (8)(11) "Fair association" or "association" means an
1130 association not for profit incorporated under this chapter for
1131 the purpose of conducting and operating public fairs or
1132 expositions.
1133 (9)(12) "Public fair or exposition" means a project,
1134 activity, event, or program, and use by a fair association,
1135 including, but not limited to, the annual public fair, which
1136 serves the purposes specified in s. 616.08 and benefits and
1137 develops the educational, agricultural, horticultural,
1138 livestock, charitable, historical, civic, cultural, scientific,
1139 and other resources of this state, or any county, municipality,
1140 or other community in this state.
1141 (13) "Regional fair" or "interstate fair" means an annual
1142 public fair of this state and other states in which fair
1143 exhibits meet the requirements of s. 616.17. Agricultural
1144 products must be typical of those produced in the area the
1145 exhibit represents.
1146 (10)(14) "Specialized show" means a show or an exhibition
1147 exhibiting and emphasizing livestock or poultry, or a fruit or
1148 vegetable festival, and must meet the minimum exhibit
1149 requirements specified in s. 616.17. A specialized show may
1150 qualify under one of the definitions in subsections (3), (5),
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1151 (7), and (15).
1152 (11)(15) "State fair" means an annual public fair that
1153 serves the entire state. Exhibits must comply with s. 616.17,
1154 and cash premiums or awards may be given to exhibitors.
1155 Section 27. Section 616.01, Florida Statutes, is amended
1156 to read:
1157 616.01 Requirements for Number of persons required;
1158 requisites of proposed charter.—Twenty-five or more persons who
1159 are Residents and qualified electors of the county in which the
1160 annual public fair is to be located, who wish to form an
1161 association not for profit for the purpose of conducting and
1162 operating public fairs or expositions, may become incorporated
1163 in the following manner. The applicant must subscribers shall
1164 submit the proposed charter to the department for review and
1165 approval or denial. If the proposed charter is denied, the
1166 department must provide the applicant with a letter sent to the
1167 mailing address provided on the proposed charter and include a
1168 complete listing of all deficiencies, if any, which must be
1169 remedied before resubmittal of the proposed charter for
1170 approval. If the proposed charter is approved, the applicant
1171 must subscribers shall sign and present a notarized copy of the
1172 proposed charter to the judge of the circuit court for the
1173 county in which the principal office of the association will be
1174 located. The proposed charter must specify:
1175 (1) The name of the association and the place where the
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1176 principal office is to be located. The name of the association
1177 must shall include the word, "Inc."
1178 (2) The general nature of the objectives and powers of the
1179 association, including a provision that the association is
1180 incorporated for the sole purpose of conducting and operating
1181 public fairs or expositions.
1182 (3) The qualifications and terms of association members
1183 and criteria for their admission and expulsion. Provision must
1184 may be made in the charter for ex officio membership.
1185 (4) The time for which the association is to exist.
1186 (5) The name and residence of each subscriber.
1187 (6) Procedures for the election of and governance by
1188 officers, who may be elected or appointed.
1189 (7) The designation of officers who will manage the
1190 affairs of the association until the first election or
1191 appointment under the charter.
1192 (8) Procedures for the adoption, amendment, or rescission
1193 of bylaws of the association.
1194 (9) The highest amount of indebtedness or liability that
1195 may be accrued by the association.
1196 (10) The name an elected member of the board of county
1197 commissioners of the county in which the principal office of the
1198 association will be located, who will serve as an ex officio
1199 member of the board of directors the association.
1200 (11) The official e-mail address of the association which
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1201 will be used for the purpose of official communication between
1202 the association and governmental entities.
1203 (12) The language for the oath that will be taken by the
1204 applicant, which must include, but is not limited to, all of the
1205 following:
1206 (a) That the primary objective of the association is for
1207 public service and to hold, conduct, and promote public fairs or
1208 expositions.
1209 (b) That money and other available assets in value
1210 exceeding $5,000 have been provided for purposes designated by
1211 the association.
1212 (c) That the association will operate in good faith to
1213 carry out the purposes and objectives set forth in the charter.
1214 Section 28. Section 616.02, Florida Statutes, is amended
1215 to read:
1216 616.02 Fair associations per county Acknowledgment of
1217 charter.—
1218 (1) Beginning July 1, 2026, there may be only one
1219 incorporated fair association per county in this state,
1220 excluding the state fair, which may be incorporated and
1221 conducted in any county. The department may not approve a
1222 proposed charter incorporating a fair association within the
1223 same county in which a fair association currently exists. The
1224 department may waive this requirement at the discretion of the
1225 Commissioner of Agriculture.
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1226 (2) Any fair association incorporated before July 1, 2026,
1227 may conduct public fairs or expositions and exercise the
1228 authority provided them pursuant to this chapter The proposed
1229 charter of a fair association shall be acknowledged by at least
1230 three of its subscribers before an officer authorized to make
1231 acknowledgment of deeds. Subscribers shall also make and take an
1232 oath, which must be attached to the proposed charter, stating
1233 that the primary objective of the association is public service
1234 and holding, conducting, and promoting public fairs or
1235 expositions; that money and other available assets in value
1236 exceeding $5,000 have been provided for the purposes of the
1237 association; and that the association will operate in good faith
1238 to carry out the purposes and objectives set forth in its
1239 charter.
1240 Section 29. Section 616.03, Florida Statutes, is amended
1241 to read:
1242 616.03 Notice of application; Approval and record of
1243 charter.—Upon approval by the department, A notice of intention
1244 to apply to the circuit court for the charter of a fair
1245 association must specify the date that application will be made,
1246 shall be sent to the department for approval, and shall be
1247 published in a newspaper in the county where the principal
1248 office of the association will be located once each week for 4
1249 consecutive weeks. The notice must briefly summarize the charter
1250 and objectives of the proposed association. the proposed charter
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1251 must shall be submitted to and approved by the board of county
1252 commissioners of the county in which the principal office of the
1253 association will be located. After approval by the department
1254 and the board of county commissioners, the proposed charter and
1255 proof of approval must and publication shall be submitted to the
1256 circuit judge on the date specified in the notice. If no cause
1257 is shown to the contrary and the judge finds that the proposed
1258 charter is in proper form and will serve the primary objective
1259 of public service, the judge must shall approve the charter and
1260 issue an order incorporating the applicant subscribers under the
1261 charter for the objectives and purposes specified in the
1262 charter. The charter and order of incorporation must shall be
1263 recorded in the office of the clerk of the circuit court in the
1264 county where the principal office of the association will be
1265 located and provided to the department. After the order is
1266 recorded, the applicant subscribers and any their associates are
1267 incorporated with the objectives and powers established in the
1268 charter and under the name given in the charter. During the
1269 publication period, the proposed charter shall be on file in the
1270 office of the clerk of the circuit court. This section does not
1271 preclude a fair association from also filing its duly approved
1272 charter with the Department of State pursuant to chapter 617 for
1273 notice purposes.
1274 Section 30. Subsection (2) of section 616.05, Florida
1275 Statutes, is amended to read:
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1276 616.05 Amendment of charter.—A fair association may
1277 propose an amendment to its charter by resolution as provided in
1278 its charter or bylaws.
1279 (2) After the department approves the proposed amendment,
1280 it will be incorporated into the original charter upon:
1281 (a) Publication of notice in the same manner as provided
1282 in s. 616.03;
1283 (b) Filing the order of the circuit judge approving the
1284 amendment with the office of the clerk of the circuit court and
1285 the department; and
1286 (b)(c) Being recorded in the clerk's office.
1287
1288 If a fair association has filed its charter with the Department
1289 of State pursuant to chapter 617, a copy of any amendment to the
1290 charter must be filed with the Department of State for notice
1291 purposes.
1292 Section 31. Section 616.051, Florida Statutes, is amended
1293 to read:
1294 616.051 Dissolving a charter.—
1295 (1) A fair association may dissolve its charter by
1296 resolution as provided in its charter or bylaws. The proposal
1297 for dissolving the charter shall be submitted to the department
1298 for approval.
1299 (2) Upon approval by the department and upon presentation
1300 of sufficient evidence demonstrating and publication of notice
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1301 and proof that all indebtedness has been paid and no claims are
1302 outstanding against the association, the circuit judge may, by
1303 decree, dissolve the association and order the distribution of
1304 its remaining assets. Such assets must be distributed, by
1305 resolution of the board of directors, to the county in which the
1306 principal office of the association is located unless otherwise
1307 specified by the deed of the property held by the association
1308 its remaining public funds to be distributed as recommended by
1309 the board of directors.
1310 Section 32. Subsection (3) of section 616.07, Florida
1311 Statutes, is amended, and subsections (1) and (2) of that
1312 section are republished, to read:
1313 616.07 Members not personally liable; property of
1314 association held in trust; exempt from taxation.—
1315 (1) A member, officer, director, or trustee of a fair
1316 association is not personally liable for any of the debts of the
1317 association, and money or property of a fair association may not
1318 be distributed as profits or dividends among its members,
1319 officers, directors, or trustees.
1320 (2) All money and property of the association, except that
1321 necessary for the payment of its just debts and liabilities, are
1322 public property, shall be administered by the association as
1323 trustee, and shall be used exclusively for the legitimate
1324 purpose of the association. So long as they are used for that
1325 purpose, all money and property of the association are exempt
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1326 from all forms of taxation, including special assessments, and
1327 any projects, activities, events, programs, and uses authorized
1328 by this part serve an essential governmental purpose and,
1329 therefore, are not taxable and are not subject to assessments.
1330 This subsection does not apply to chapter 212.
1331 (3) Upon order of the circuit judge, any public funds or
1332 property remaining in a fair association when the association is
1333 dissolved shall be distributed by resolution of the board of
1334 directors to any county or any municipality within the county.
1335 The board may designate in the distribution resolution the
1336 public project that will benefit from the funds or the manner in
1337 which the property will be used. If property has been
1338 contributed by a municipality or county, the property shall be
1339 reconveyed to the municipality or county that gave the property
1340 to the association.
1341 Section 33. Section 616.101, Florida Statutes, is amended
1342 to read:
1343 616.101 Annual review of accounts and records; review of
1344 charter.—
1345 (1) The accounts and records of a every fair association
1346 whose annual public fair has an annual attendance of more than
1347 25,000, based upon recorded attendance from the previous year,
1348 must shall be reviewed annually by a qualified accountant
1349 licensed by the state. A fair association whose annual public
1350 fair has an annual attendance of 25,000 or fewer, based upon
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1351 recorded attendance from the previous year, or a fair
1352 association that is holding an annual public fair for the first
1353 time, must submit an annual financial statement that has been
1354 signed by an officer of the county. The results of the reviews
1355 must shall be kept in the official records of each association,
1356 available to all directors of the association. A certified copy
1357 of the review must shall be filed with the department:
1358 (a)(1) On request by the department to certify
1359 expenditures of the premiums awarded to exhibitors of a fair or
1360 of building funds if when there is evidence of a violation of
1361 state laws; or
1362 (b)(2) When the association is applying for a fair permit.
1363 (2) A fair association shall, every 5 years beginning July
1364 1, 2026, review its charter and submit to the department a
1365 certified copy of the charter which incorporates any amendment
1366 made during the last 5 years. A designated member of the
1367 association shall attest that the charter is accurate and
1368 factual when submitting the certified copy to the department.
1369 Section 34. Section 616.15, Florida Statutes, is amended
1370 to read:
1371 616.15 Permit from Department of Agriculture and Consumer
1372 Services required.—
1373 (1) An annual public fair may not be conducted by a fair
1374 association without a permit issued by the department. The
1375 association shall present to the department an application for a
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1376 permit, signed by an officer of the association, at least 90
1377 calendar days 3 months before holding the annual public fair.
1378 The application must shall be accompanied by a fee in an amount
1379 to be determined by the department for processing the
1380 application and making any required investigation. The
1381 application fee must be at least $183 and may not exceed $366.
1382 Fees collected under this subsection shall be deposited in the
1383 General Inspection Trust Fund of the State Treasury in a special
1384 account to be known as the "Agricultural and Livestock Fair
1385 Account." A copy of the application must be sent to each fair
1386 association located within 50 miles of the site of the proposed
1387 annual public fair at the same time the application is sent to
1388 the department. The department may issue a permit if the
1389 applicant provides:
1390 (a) The opening and closing dates of the proposed annual
1391 public fair.
1392 (b) The name and address of the owner of the central
1393 amusement attraction that will operate during the annual public
1394 fair.
1395 (c) An affidavit properly executed by the president or
1396 chief executive officer of the applicant association certifying
1397 the existence of a binding contract entered into by the
1398 association and the owner of the central amusement attraction
1399 covering the period for which the permit from the department is
1400 applied. The contract between the parties must shall be
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1401 available for inspection by duly authorized agents of the
1402 department in administering this chapter.
1403 (d) A copy of the association's charter which incorporates
1404 all amendments made A written statement that the main purpose of
1405 the association is to conduct and operate a public fair and
1406 exposition, including the annual fair, for the benefit and
1407 development of the educational, agricultural, horticultural,
1408 livestock, charitable, historical, civic, cultural, scientific,
1409 and other resources of the geographical area the fair
1410 association represents and serves. The statement must be
1411 subscribed and acknowledged by an officer of the association
1412 before an officer authorized to take acknowledgments.
1413 (e) A premium list of the current annual public fair to be
1414 conducted and or a copy of the previous year's premium list
1415 showing all premiums and awards to be offered to exhibitors in
1416 various departments of the annual public fair, which may
1417 include, but are not limited to, art exhibition, beef cattle,
1418 county exhibits, dairy cattle, horticulture, swine, women's
1419 department, 4-H Club activities, Future Farmers of America
1420 activities, Future Homemakers of America activities, poultry and
1421 egg exhibits, and community exhibits. The premium list, which
1422 may be submitted separately from the application, must be
1423 submitted at least 60 calendar days before the annual public
1424 fair begins operation.
1425 (f) A complete listing of all exhibits required pursuant
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1426 to s. 616.17 Proof of liability insurance insuring the
1427 association against liability for injury to persons, in an
1428 amount of not less than $300,000 per occurrence.
1429 (g) A copy of the most recent review.
1430 (h) A list of all current members of the board of
1431 directors of the association and their contact information,
1432 including home address.
1433
1434 The department shall issue the permit within 10 calendar days
1435 after it receives all the information required by this
1436 subsection and the applicant qualifies pursuant to this section.
1437 (2) At least 21 calendar days before holding the annual
1438 public fair, the association shall present the department with
1439 all of the following information:
1440 (a) Proof of liability insurance insuring the association
1441 against liability for injury to persons, in an amount not less
1442 than $300,000 per occurrence.
1443 (b) A copy of the association's most recent annual
1444 financial statement pursuant to s. 616.101.
1445 (c) A list of all current members of the board of
1446 directors of the association and their contact information,
1447 including home addresses.
1448 (3)(2) The department shall administer and enforce the
1449 provisions of this chapter except as to the regulation of games,
1450 which shall be regulated by local law enforcement agencies. The
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1451 department shall adopt rules to administer this chapter,
1452 including rules governing the form and contents of the
1453 application for the permit and any reports that it deems may
1454 deem necessary in enforcing the provisions of this chapter.
1455 (4)(3) Notwithstanding any fair association meeting the
1456 requirements set forth in subsection (1), the department may
1457 order a full investigation to determine if the fair association
1458 meets the requirements of this part s. 616.01, and may withhold
1459 a permit from, deny a permit to, or withdraw a permit once
1460 issued to the association. The department shall also consider
1461 whether any proposed annual public fair, as set forth in an
1462 application for a permit, will compete with another annual
1463 public fair within 50 miles of the proposed annual public fair
1464 with respect to name, dates of operation, or market. The
1465 department may deny, withhold, or withdraw a permit from a fair
1466 association if the department determines that such fair
1467 association will compete with another association. The
1468 department shall give preference to existing fair associations
1469 with established dates, locations, and names. The determination
1470 by the department is final.
1471 Section 35. Section 616.251, Florida Statutes, is amended
1472 to read:
1473 616.251 Florida State Fair Authority; creation;
1474 responsibility for staging annual state fair; exemptions.—
1475 (1) There is created and constituted the "Florida State
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1476 Fair Authority," a public body corporate and politic, for the
1477 purposes and with the powers set forth in this part. Such
1478 instrumentality, hereinafter referred to as "the authority,"
1479 shall have perpetual succession. For the purposes of
1480 implementing the intent of this part, the authority shall be
1481 considered an instrumentality of the state, subject to the
1482 jurisdiction of the state. Any conflict with respect to that
1483 jurisdiction will be resolved by the authority and respective
1484 state agencies.
1485 (2) The authority shall operate under the supervision of
1486 the Commissioner of Agriculture, which supervision may include,
1487 but is not limited to, assisting, advising, and making
1488 recommendations regarding the financing and operation of the
1489 authority. In assisting and advising the authority, the
1490 Commissioner of Agriculture may make appropriate staff of the
1491 department available to the authority.
1492 (3) The authority is charged with the responsibility of
1493 staging an annual fair to serve the entire state. Cash premiums
1494 or awards may be given to exhibitors.
1495 (4) The authority shall be exempt from part I of this
1496 chapter.
1497 (5)(4) The principal offices of the authority shall be in
1498 such place or places in or near the City of Tampa as the
1499 authority may from time to time designate.
1500 Section 36. Subsection (1) of section 843.085, Florida
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1501 Statutes, is amended, and subsection (5) of that section is
1502 republished, to read:
1503 843.085 Unlawful use of badges or other indicia of
1504 authority.—
1505 (1) It is unlawful for any person, unless appointed by the
1506 Governor pursuant to chapter 354, authorized by the appropriate
1507 agency, or displayed in a closed or mounted case as a collection
1508 or exhibit, to wear or display any authorized indicia of
1509 authority, including any badge, insignia, emblem, identification
1510 card, or uniform, or any colorable imitation thereof, of any
1511 federal, state, county, or municipal law enforcement agency, or
1512 other criminal justice agency as defined in s. 943.045, with the
1513 intent to mislead or cause another person to believe that he or
1514 she is a member of that agency or is authorized to display or
1515 wear such item, or to wear or display any item that displays in
1516 any manner or combination the word or words "police,"
1517 "patrolman," "patrolwoman," "agent," "sheriff," "deputy,"
1518 "trooper," "highway patrol," "commission officer," "Wildlife
1519 Officer," "Department of Environmental Protection officer,"
1520 "Marine Patrol Officer," "state attorney," "public defender,"
1521 "marshal," "constable," "bailiff," or "fire department,"
1522 "concealed weapon permit," or "concealed weapon permitholder"
1523 with the intent to mislead or cause another person to believe
1524 that he or she is a member of that agency, if applicable, or is
1525 authorized to wear or display such item.
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1526 (5) A violation of this section is a misdemeanor of the
1527 first degree, punishable as provided in s. 775.082 or s.
1528 775.083. This section is cumulative to any law now in force in
1529 the state.
1530 Section 37. Section 865.065, Florida Statutes, is amended
1531 to read:
1532 865.065 Disparagement of perishable agricultural food
1533 products; cause of action; limitation.—
1534 (1) The Legislature finds, determines, and declares that
1535 the production of agricultural food products constitutes an
1536 important and significant portion of the state economy and that
1537 it is imperative to protect the vitality of the agricultural
1538 economy for the citizens of this state by providing a cause of
1539 action for agricultural producers to recover damages for the
1540 disparagement of any perishable agricultural product.
1541 (2) For purposes of this section, the term:
1542 (a)(b) "Perishable Agricultural food product" means any
1543 agricultural or aquacultural food product or commodity grown or
1544 produced within this the state for a commercial purpose. The
1545 term also includes any agricultural practices used in the
1546 production of such products of Florida which is sold or
1547 distributed in a form that will perish or decay within a
1548 reasonable period of time.
1549 (b)(a) "Disparagement" means the willful or malicious
1550 dissemination to the public in any manner of any false
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1551 information that a perishable agricultural food product is not
1552 safe for human consumption. False information is that
1553 information which is not based on reliable, scientific facts and
1554 reliable, scientific data which the disseminator knows or should
1555 have known to be false.
1556 (c) "Producer" means the person who actually grows or
1557 produces perishable agricultural food products.
1558 (3) Any producer or any association representing producers
1559 of perishable agricultural food products which suffers damages
1560 as a result of another person's disparagement of any such
1561 perishable agricultural food product may bring an action for
1562 damages and for any other relief a court of competent
1563 jurisdiction deems appropriate, including, but not limited to,
1564 compensatory and punitive damages, reasonable attorney fees, and
1565 costs of the action.
1566 (4) The statute of limitations for disparagement of
1567 perishable agricultural food products is 2 years from the date
1568 the disparagement occurs.
1569 Section 38. Subsection (27) is added to section 934.02,
1570 Florida Statutes, to read:
1571 934.02 Definitions.—As used in this chapter:
1572 (27) "Signal jamming device" means a device or process,
1573 such as a phone jammer, global positioning systems blocker, or
1574 other similar device designed to intentionally block, jam, or
1575 interfere with radio communications, such as cellular and
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1576 personal communication services, police radar, or global
1577 positioning systems.
1578 Section 39. Section 934.51, Florida Statutes, is created
1579 to read:
1580 934.51 Possession, use, and sale of signal jamming device;
1581 prohibition; exceptions; penalties.—
1582 (1) PROHIBITION.—It is unlawful to possess, manufacture,
1583 hold or offer for sale, sell, import, distribute, or use a
1584 signal jamming device in this state.
1585 (2) EXCEPTIONS.—This section does not apply to a federal
1586 or military law enforcement agency that lawfully installs,
1587 places, or uses a signal jamming device as part of a criminal
1588 investigation, or to any person duly authorized by the Federal
1589 Communications Commission.
1590 (3) PENALTIES.—A person who violates this section commits
1591 a misdemeanor of the first degree, punishable as provided in s.
1592 775.082 or s. 775.083.
1593 Section 40. Paragraph (a) of subsection (4) and subsection
1594 (6) of section 288.1175, Florida Statutes, are amended to read:
1595 288.1175 Agriculture education and promotion facility.—
1596 (4) The Department of Agriculture and Consumer Services
1597 shall certify a facility as an agriculture education and
1598 promotion facility if the Department of Agriculture and Consumer
1599 Services determines that:
1600 (a) The applicant is a unit of local government as defined
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1601 in s. 218.369, or a fair association as defined in s. 616.001(8)
1602 s. 616.001(11), which is responsible for the planning, design,
1603 permitting, construction, renovation, management, and operation
1604 of the agriculture education and promotion facility or holds
1605 title to the property on which such facility is to be developed
1606 and located.
1607 (6) Funds may not be expended to develop or subsidize
1608 privately owned facilities, except for facilities owned by fair
1609 associations as defined in s. 616.001(8) s. 616.001(11).
1610 Section 41. For the purpose of incorporating the amendment
1611 made by this act to section 287.1351, Florida Statutes, in a
1612 reference thereto, subsection (4) of section 287.056, Florida
1613 Statutes, is reenacted to read:
1614 287.056 Purchases from purchasing agreements and state
1615 term contracts; vendor disqualification.—
1616 (4) A firm or individual placed on the suspended vendor
1617 list pursuant to s. 287.1351 or placed on a disqualified vendor
1618 list pursuant to s. 287.133 or s. 287.134 is immediately
1619 disqualified from state term contract eligibility.
1620 Section 42. For the purpose of incorporating the amendment
1621 made by this act to section 287.1351, Florida Statutes, in a
1622 reference thereto, subsection (5) of section 287.138, Florida
1623 Statutes, is reenacted to read:
1624 287.138 Contracting with entities of foreign countries of
1625 concern prohibited.—
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1626 (5) The Attorney General may bring a civil action in any
1627 court of competent jurisdiction against an entity that violates
1628 this section. Violations of this section may result in:
1629 (a) A civil penalty equal to twice the amount of the
1630 contract for which the entity submitted a bid or proposal for,
1631 replied to, or entered into;
1632 (b) Ineligibility to enter into, renew, or extend any
1633 contract, including any grant agreements, with any governmental
1634 entity for up to 5 years;
1635 (c) Ineligibility to receive or renew any license,
1636 certification, or credential issued by a governmental entity for
1637 up to 5 years; and
1638 (d) Placement on the suspended vendor list pursuant to s.
1639 287.1351.
1640 Section 43. For the purpose of incorporating the amendment
1641 made by this act to section 500.04, Florida Statutes, in a
1642 reference thereto, subsection (1) of section 500.177, Florida
1643 Statutes, is reenacted to read:
1644 500.177 Penalty for violation of s. 500.04; dissemination
1645 of false advertisement.—
1646 (1) Any person who violates any provision of s. 500.04 is
1647 guilty of a misdemeanor of the second degree, punishable as
1648 provided in s. 775.082 or s. 775.083; but, if the violation is
1649 committed after a conviction of such person under this section
1650 has become final, such person is guilty of a misdemeanor of the
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1651 first degree, punishable as provided in s. 775.082 or s.
1652 775.083.
1653 Section 44. For the purpose of incorporating the amendment
1654 made by this act to section 616.07, Florida Statutes, in a
1655 reference thereto, subsection (13) of section 212.08, Florida
1656 Statutes, is reenacted to read:
1657 212.08 Sales, rental, use, consumption, distribution, and
1658 storage tax; specified exemptions.—The sale at retail, the
1659 rental, the use, the consumption, the distribution, and the
1660 storage to be used or consumed in this state of the following
1661 are hereby specifically exempt from the tax imposed by this
1662 chapter.
1663 (13) LIMITATIONS ON EXEMPTIONS.—No transactions shall be
1664 exempt from the tax imposed by this chapter except those
1665 expressly exempted herein. All laws granting tax exemptions, to
1666 the extent they may be inconsistent or in conflict with this
1667 chapter, including, but not limited to, the following designated
1668 laws, shall yield to and be superseded by the provisions of this
1669 subsection: ss. 125.019, 153.76, 154.2331, 159.15, 159.31,
1670 159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 315.11,
1671 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09, and the
1672 following Laws of Florida, acts of the year indicated: s. 31,
1673 chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12, chapter
1674 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter 31263,
1675 1955; s. 13, chapter 31343, 1955; s. 16, chapter 59-1653; s. 13,
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1676 chapter 59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754;
1677 s. 10, chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter
1678 65-1274; s. 16, chapter 67-1446; and s. 10, chapter 67-1681.
1679 This subsection does not supersede the authority of a local
1680 government to adopt financial and local government incentives
1681 pursuant to s. 163.2517.
1682 Section 45. For the purpose of incorporating the amendment
1683 made by this act to section 616.15, Florida Statutes, in a
1684 reference thereto, section 616.185, Florida Statutes, is
1685 reenacted to read:
1686 616.185 Trespass upon grounds or facilities of public
1687 fair; penalty; arrests.—
1688 (1) For the purposes of this chapter, trespass upon the
1689 grounds of the Florida State Fair Authority or any other fair
1690 association permitted under s. 616.15 means:
1691 (a) Entering and remaining upon any grounds or facilities
1692 owned, operated, or controlled by the Florida State Fair
1693 Authority or any other association permitted under s. 616.15 and
1694 committing any act that disrupts the orderly conduct of any
1695 authorized activity of the fair association in charge, or its
1696 lessees, licensees, or the general public on those grounds or
1697 facilities; or
1698 (b) Entering and remaining on those grounds or facilities
1699 after being directed not to enter or to leave them by the
1700 executive director of the authority, chief administrative
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1701 officer of the fair association, or any employee or agent of the
1702 association designated by the executive director or
1703 administrator to maintain order on those grounds and facilities,
1704 after a determination by the executive director, administrator,
1705 employee, or agent that the entering or remaining on those
1706 grounds or facilities is in violation of the rules and
1707 regulations of the Florida State Fair Authority or permitted
1708 fair association or is disrupting the orderly conduct of any
1709 authorized activity of the fair association in charge, or its
1710 lessees, licensees, or the general public on those grounds or
1711 facilities.
1712 (2) Any person committing the offense of trespass upon the
1713 grounds of the Florida State Fair Authority or any other fair
1714 association permitted under s. 616.15 commits a misdemeanor of
1715 the second degree, punishable as provided in s. 775.082 or s.
1716 775.083.
1717 (3) A law enforcement officer may arrest any person on or
1718 off the premises, without a warrant, if the officer has probable
1719 cause for believing such person has committed the offense of
1720 trespass upon the grounds of the Florida State Fair Authority or
1721 any fair association permitted under s. 616.15. Such an arrest
1722 does not render the law enforcement officer criminally or
1723 civilly liable for false arrest, false imprisonment, or unlawful
1724 detention.
1725 Section 46. This act shall take effect July 1, 2026.
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COMMERCE COMMITTEE
HB 433 by Rep. Alvarez, D. and Johnson
Department of Agriculture and Consumer Services
AMENDMENT SUMMARY
January 21, 2026
Amendment #353073 by Rep. Alvarez, D. (strike-all):
• Provides a prohibition on developing an ecologically significant parcel in a low-density
municipality exceeding a maximum density of 1 residential unit per 20 acres, with
certain exceptions.
• Delays implementation of new biosolids land application site requirements until July 1,
2028.
• Requires each person applying for a pest control business license or renewal to have
certain bodily injury and property damage insurance coverage.
• Increases fines for failing to follow the pest control practice act or acting without a
license to a Class III fine, from a Class II.
• Increases the number of days a construction contractor has to pay subcontractors and
suppliers before being liable for theft of contractor or supplier services to 30 days, from
15 business days.
• Creates the Florida Native Seed Research and Marketing Program.
• Prohibits a local government from requiring a property owner to obtain a rural event
venue permit or license.
• Renames the Bonifay Forestry Station in memory of John Michael Mathis.
• Requires a fair association board member to list their mailing address in the fair
documents, rather than their home address.
• Removes antiquated language from a fair provision.
• Clarifies that each eligible candidate under the Food Animal Veterinary Medicine Loan
Repayment Program may receive up to $25,000 per year for 5 years, and FDACS may
add 3 new eligible candidates per year.
• Provides that the term “nonprofit agricultural organization” means an organization that is
exempt from federal income tax under s. 501(c)(5) of the Internal Revenue Code, rather
than s. 501(c)(3).
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 433 (2026)
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: Commerce Committee
2 Representative Alvarez, D. offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Section 125.489, Florida Statutes, is created
7 to read:
8 125.489 Preemption of restrictions on gasoline-powered
9 farm equipment or gasoline-powered landscape equipment.—
10 (1) As used in this section, the term:
11 (a) "Gasoline-powered farm equipment" means any machine
12 powered by an internal combustion engine or motor that uses
13 gasoline, diesel, or a blend of gasoline and oil which is used
14 on a farm or used to transport farm products.
15 (b) "Gasoline-powered landscape equipment" means any
16 machine powered by an internal combustion engine or motor that
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17 uses gasoline, diesel, or a blend of gasoline and oil which is
18 used to provide landscape management or maintenance or to move
19 leaves, dirt, grass, or other debris off of sidewalks,
20 driveways, lawns, or other surfaces.
21 (2) A county may not enact or enforce a resolution, an
22 ordinance, a rule, a code, or a policy or take any action that
23 restricts or prohibits the use of gasoline-powered farm
24 equipment or gasoline-powered landscape equipment and may not
25 create differing standards for such equipment or distinguish
26 such equipment from any electric or similar equipment in a
27 retail, manufacturer, or distributor setting.
28 (3) This section does not prohibit or limit a county from
29 encouraging the use of alternative farm or landscape equipment,
30 such as battery-powered farm or landscape equipment.
31 Section 2. Present subsections (18) through (30) and (31)
32 through (54) of section 163.3164, Florida Statutes, are
33 redesignated as subsections (19) through (31) and (33) through
34 (56), respectively, and new subsections (18) and 32 are added to
35 that section, to read:
36 163.3164 Community Planning Act; definitions.—As used in
37 this act:
38 (18) "Ecologically significant parcel" means a parcel of
39 land located within the boundaries of a low-density municipality
40 which is currently undeveloped and has been designated as either
41 rural, conservation, agricultural, or greenspace as provided by
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Amendment No.
42 a local government comprehensive plan developed pursuant to the
43 provisions of s. 163.3177.
44 (32) "Low-density municipality" means a municipality
45 existing on or before January 1, 2025, which is less than 2,500
46 acres in total size and contains a population of 5,000 or fewer
47 legal residents.
48 Section 3. Present subsection (7) of section 163.3202,
49 Florida Statutes, is redesignated as subsection (8), and a new
50 subsection (7) is added to that section, to read:
51 163.3202 Land development regulations.—
52 (8)(a) Notwithstanding any ordinance to the contrary, an
53 application for a development on an ecologically significant
54 parcel in a low-density municipality may not be administratively
55 approved without an attestation provided by the developer, under
56 penalty of perjury, to the low-density municipality which states
57 that the development will not exceed a maximum density of 1
58 residential unit per 20 acres.
59 (b) This subsection does not apply to applications for the
60 construction of residential units on an ecologically significant
61 parcel for the express purpose of providing housing for family
62 members of the applicant. However, the applicant must provide an
63 attestation, under penalty of perjury, to the low-density
64 municipality which states that the residential units being
65 constructed will be used for such express purpose before the
66 administrative approval of an application for development.
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67 (c) The density requirements provided in this subsection may be
68 waived upon a resolution approved by a unanimous vote of the
69 commission or council of the low-density municipality.
70 Section 4. Section 166.063, Florida Statutes, is created
71 to read:
72 166.063 Preemption of restrictions on gasoline-powered
73 farm equipment or gasoline-powered landscape equipment.—
74 (1) As used in this section, the term:
75 (a) "Gasoline-powered farm equipment" means a machine
76 powered by an internal combustion engine or motor that uses
77 gasoline, diesel, or a blend of gasoline and oil which is used
78 on a farm or used to transport farm products.
79 (b) "Gasoline-powered landscape equipment" means any
80 machine powered by an internal combustion engine or motor that
81 uses gasoline, diesel, or a blend of gasoline and oil which is
82 used to provide landscape management or maintenance or to move
83 leaves, dirt, grass, or other debris off of sidewalks,
84 driveways, lawns, or other surfaces.
85 (2) A municipality may not enact or enforce a resolution,
86 an ordinance, a rule, a code, or a policy or take any action
87 that restricts or prohibits the use of gasoline-powered farm
88 equipment or gasoline-powered landscape equipment and may not
89 create differing standards for such equipment or distinguish
90 such equipment from any electric or similar equipment in a
91 retail, manufacturer, or distributor setting.
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92 (3) This section does not prohibit or limit a municipality
93 from encouraging the use of alternative farm or landscape
94 equipment, such as battery-powered farm or landscape equipment.
95 Section 5. Paragraph (d) of subsection (2) of section
96 212.055, Florida Statutes, is amended to read:
97 212.055 Discretionary sales surtaxes; legislative intent;
98 authorization and use of proceeds.—It is the legislative intent
99 that any authorization for imposition of a discretionary sales
100 surtax shall be published in the Florida Statutes as a
101 subsection of this section, irrespective of the duration of the
102 levy. Each enactment shall specify the types of counties
103 authorized to levy; the rate or rates which may be imposed; the
104 maximum length of time the surtax may be imposed, if any; the
105 procedure which must be followed to secure voter approval, if
106 required; the purpose for which the proceeds may be expended;
107 and such other requirements as the Legislature may provide.
108 Taxable transactions and administrative procedures shall be as
109 provided in s. 212.054.
110 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
111 (d) The proceeds of the surtax authorized by this
112 subsection and any accrued interest shall be expended by the
113 school district, within the county and municipalities within the
114 county, or, in the case of a negotiated joint county agreement,
115 within another county, to finance, plan, and construct
116 infrastructure; to acquire any interest in land for public
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Amendment No.
117 recreation, conservation, or protection of natural resources or
118 to prevent or satisfy private property rights claims resulting
119 from limitations imposed by the designation of an area of
120 critical state concern; to provide loans, grants, or rebates to
121 residential or commercial property owners who make energy
122 efficiency improvements to their residential or commercial
123 property, if a local government ordinance authorizing such use
124 is approved by referendum; or to finance the closure of county-
125 owned or municipally owned solid waste landfills that have been
126 closed or are required to be closed by order of the Department
127 of Environmental Protection. Any use of the proceeds or interest
128 for purposes of landfill closure before July 1, 1993, is
129 ratified. The proceeds and any interest may not be used for the
130 operational expenses of infrastructure, except that a county
131 that has a population of fewer than 75,000 and that is required
132 to close a landfill may use the proceeds or interest for long-
133 term maintenance costs associated with landfill closure.
134 Counties, as defined in s. 125.011, and charter counties may, in
135 addition, use the proceeds or interest to retire or service
136 indebtedness incurred for bonds issued before July 1, 1987, for
137 infrastructure purposes, and for bonds subsequently issued to
138 refund such bonds. Any use of the proceeds or interest for
139 purposes of retiring or servicing indebtedness incurred for
140 refunding bonds before July 1, 1999, is ratified.
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Amendment No.
141 1. For the purposes of this paragraph, the term
142 "infrastructure" means:
143 a. Any fixed capital expenditure or fixed capital outlay
144 associated with the construction, reconstruction, or improvement
145 of public facilities that have a life expectancy of 5 or more
146 years, any related land acquisition, land improvement, design,
147 and engineering costs, and all other professional and related
148 costs required to bring the public facilities into service. For
149 purposes of this sub-subparagraph, the term "public facilities"
150 has the same meaning means facilities as defined in s.
151 163.3164(43) s. 163.3164(41), s. 163.3221(13), or s. 189.012(5),
152 and includes facilities that are necessary to carry out
153 governmental purposes, including, but not limited to, fire
154 stations, general governmental office buildings, and animal
155 shelters, regardless of whether the facilities are owned by the
156 local taxing authority or another governmental entity.
157 b. A fire department vehicle, an emergency medical service
158 vehicle, a sheriff's office vehicle, a police department
159 vehicle, or any other vehicle, and the equipment necessary to
160 outfit the vehicle for its official use or equipment that has a
161 life expectancy of at least 5 years.
162 c. Any expenditure for the construction, lease, or
163 maintenance of, or provision of utilities or security for,
164 facilities, as defined in s. 29.008.
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165 d. Any fixed capital expenditure or fixed capital outlay
166 associated with the improvement of private facilities that have
167 a life expectancy of 5 or more years and that the owner agrees
168 to make available for use on a temporary basis as needed by a
169 local government as a public emergency shelter or a staging area
170 for emergency response equipment during an emergency officially
171 declared by the state or by the local government under s.
172 252.38. Such improvements are limited to those necessary to
173 comply with current standards for public emergency evacuation
174 shelters. The owner must enter into a written contract with the
175 local government providing the improvement funding to make the
176 private facility available to the public for purposes of
177 emergency shelter at no cost to the local government for a
178 minimum of 10 years after completion of the improvement, with
179 the provision that the obligation will transfer to any
180 subsequent owner until the end of the minimum period.
181 e. Any land acquisition expenditure for a residential
182 housing project in which at least 30 percent of the units are
183 affordable to individuals or families whose total annual
184 household income does not exceed 120 percent of the area median
185 income adjusted for household size, if the land is owned by a
186 local government or by a special district that enters into a
187 written agreement with the local government to provide such
188 housing. The local government or special district may enter into
189 a ground lease with a public or private person or entity for
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190 nominal or other consideration for the construction of the
191 residential housing project on land acquired pursuant to this
192 sub-subparagraph.
193 f. Instructional technology used solely in a school
194 district's classrooms. As used in this sub-subparagraph, the
195 term "instructional technology" means an interactive device that
196 assists a teacher in instructing a class or a group of students
197 and includes the necessary hardware and software to operate the
198 interactive device. The term also includes support systems in
199 which an interactive device may mount and is not required to be
200 affixed to the facilities.
201 2. For the purposes of this paragraph, the term "energy
202 efficiency improvement" means any energy conservation and
203 efficiency improvement that reduces consumption through
204 conservation or a more efficient use of electricity, natural
205 gas, propane, or other forms of energy on the property,
206 including, but not limited to, air sealing; installation of
207 insulation; installation of energy-efficient heating, cooling,
208 or ventilation systems; installation of solar panels; building
209 modifications to increase the use of daylight or shade;
210 replacement of windows; installation of energy controls or
211 energy recovery systems; installation of electric vehicle
212 charging equipment; installation of systems for natural gas fuel
213 as defined in s. 206.9951; and installation of efficient
214 lighting equipment.
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Amendment No.
215 3. Notwithstanding any other provision of this subsection,
216 a local government infrastructure surtax imposed or extended
217 after July 1, 1998, may allocate up to 15 percent of the surtax
218 proceeds for deposit into a trust fund within the county's
219 accounts created for the purpose of funding economic development
220 projects having a general public purpose of improving local
221 economies, including the funding of operational costs and
222 incentives related to economic development. The ballot statement
223 must indicate the intention to make an allocation under the
224 authority of this subparagraph.
225 4. Surtax revenues that are shared with eligible charter
226 schools pursuant to paragraph (c) shall be allocated among such
227 schools based on each school's proportionate share of total
228 school district capital outlay full-time equivalent enrollment
229 as adopted by the education estimating conference established in
230 s. 216.136. Surtax revenues must be expended by the charter
231 school in a manner consistent with the allowable uses provided
232 in s. 1013.62(4). All revenues and expenditures shall be
233 accounted for in a charter school's monthly or quarterly
234 financial statement pursuant to s. 1002.33(9). If a school's
235 charter is not renewed or is terminated and the school is
236 dissolved under the provisions of law under which the school was
237 organized, any unencumbered funds received under this paragraph
238 shall revert to the sponsor.
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239 Section 6. Present subsection (19) of section 253.0341,
240 Florida Statutes, is redesignated as subsection (21), and new
241 subsections (19) and (20) are added to that section, to read:
242 253.0341 Surplus of state-owned lands.—
243 (19) The Acquisition and Restoration Council shall
244 determine whether any lands surplused by a local governmental
245 entity, as defined in s. 218.72, on or after January 1, 2024,
246 are suitable for bona fide agricultural purposes, as defined in
247 s. 193.461(3)(b). A local governmental entity may not transfer
248 future development rights for any surplused lands determined to
249 be suitable for bona fide agricultural purposes on or after
250 January 1, 2024.
251 (20) The Department of Environmental Protection, in
252 coordination with the Department of Agriculture and Consumer
253 Services, shall determine whether any state-owned conservation
254 lands acquired on or after January 1, 2024, are suitable for
255 bona fide agricultural purposes, as defined in s. 193.461(3)(b).
256 (a) Notwithstanding any other law or rule, the Department
257 of Environmental Protection may surplus state-owned conservation
258 lands acquired on or after January 1, 2024, determined to be
259 suitable for bona fide agricultural purposes.
260 (b) For all state-owned conservation lands determined to
261 be suitable for bona fide agricultural production and surplused
262 by the Department of Environmental Protection, the department
263 shall retain a rural-lands-protection easement pursuant to s.
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Amendment No.
264 570.71(3). All proceeds from the sale of such surplused lands
265 must be deposited into the Incidental Trust Fund within the
266 Department of Agriculture and Consumer Services for less than
267 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
268 (c) By January 1, 2027, and each January 1 thereafter, the
269 Department of Environmental Protection shall provide a report of
270 state-owned conversation lands surplused pursuant to this
271 subsection to the Board of Trustees of the Internal Improvement
272 Trust Fund.
273 (d) Designated state forest lands, state park lands, or
274 wildlife management areas may not be surplused pursuant to this
275 subsection.
276 Section 7. Section 259.1053, Florida Statutes, is amended
277 to read:
278 259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory
279 Group.—
280 (1) SHORT TITLE.—This section may be cited as the "Babcock
281 Ranch Preserve Act."
282 (2) DEFINITIONS.—As used in this section, the term:
283 (a) "Babcock Ranch Preserve" and "preserve" mean the lands
284 and facilities acquired in the purchase of the Babcock Crescent
285 B Ranch, as provided in s. 259.1052.
286 (b) "Commission" means the Fish and Wildlife Conservation
287 Commission.
288 (c) "Commissioner" means the Commissioner of Agriculture.
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Amendment No.
289 (d) "Department" means the Department of Agriculture and
290 Consumer Services.
291 (e) "Executive director" means the Executive Director of
292 the Fish and Wildlife Conservation Commission.
293 (f) "Financially self-sustaining" means having management
294 and operation expenditures not more than the revenues collected
295 from fees and other receipts for resource use and development
296 and from interest and invested funds.
297 (g) "Florida Forest Service" means the Florida Forest
298 Service of the Department of Agriculture and Consumer Services.
299 (h) "Multiple use" means the management of all of the
300 renewable surface resources of the Babcock Ranch Preserve to
301 best meet the needs of the public, including the use of the land
302 for some or all of the renewable surface resources or related
303 services over areas large enough to allow for periodic
304 adjustments in use to conform to the changing needs and
305 conditions of the preserve while recognizing that a portion of
306 the land will be used for some of the renewable surface
307 resources available on that land. The goal of multiple use is
308 the harmonious and coordinated management of the renewable
309 surface resources without impairing the productivity of the land
310 and considering the relative value of the renewable surface
311 resources, and not necessarily a combination of uses to provide
312 the greatest monetary return or the greatest unit output.
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Amendment No.
313 (i) "Sustained yield of the renewable surface resources"
314 means the achievement and maintenance of a high level of annual
315 or regular periodic output of the various renewable surface
316 resources of the preserve without impairing the productivity of
317 the land.
318 (3) CREATION OF BABCOCK RANCH PRESERVE.—
319 (a) Upon the date of acquisition of the Babcock Crescent B
320 Ranch, there is created the Babcock Ranch Preserve, which shall
321 be managed in accordance with the purposes and requirements of
322 this section.
323 (b) The preserve is established to protect and preserve
324 the environmental, agricultural, scientific, scenic, geologic,
325 watershed, fish, wildlife, historic, cultural, and recreational
326 values of the preserve, and to provide for the multiple use and
327 sustained yield of the renewable surface resources within the
328 preserve consistent with this section.
329 (c) This section does not preclude the use of common
330 varieties of mineral materials such as sand, stone, and gravel
331 for construction and maintenance of roads and facilities within
332 the preserve.
333 (d) This section does not affect the constitutional
334 responsibilities of the commission in the exercise of its
335 regulatory and executive power with respect to wild animal life
336 and freshwater aquatic life, including the regulation of
337 hunting, fishing, and trapping within the preserve.
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Amendment No.
338 (e) This section does not interfere with or prevent the
339 implementation of agricultural practices authorized by the
340 agricultural land use designations established in the local
341 comprehensive plans of either Charlotte County or Lee County as
342 those plans apply to the Babcock Ranch Preserve.
343 (f) This section does not preclude the maintenance and use
344 of roads and trails or the relocation of roads in existence on
345 the effective date of this section, or the construction,
346 maintenance, and use of new trails, or any motorized access
347 necessary for the administration of the land contained within
348 the preserve, including motorized access necessary for
349 emergencies involving the health or safety of persons within the
350 preserve.
351 (4) BABCOCK RANCH ADVISORY GROUP.—
352 (a) The purpose of the Babcock Ranch Advisory Group is to
353 assist the department by providing guidance and advice
354 concerning the management and stewardship of the Babcock Ranch
355 Preserve.
356 (b) The Babcock Ranch Advisory Group shall be comprised of
357 nine members appointed to 5-year terms. Based on recommendations
358 from the Governor and Cabinet, the commission, and the governing
359 boards of Charlotte County and Lee County, the commissioner
360 shall appoint members as follows:
361 1. One member with experience in sustainable management of
362 forest lands for commodity purposes.
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Amendment No.
363 2. One member with experience in financial management,
364 budget and program analysis, and small business operations.
365 3. One member with experience in management of game and
366 nongame wildlife and fish populations, including hunting,
367 fishing, and other recreational activities.
368 4. One member with experience in domesticated livestock
369 management, production, and marketing, including range
370 management and livestock business management.
371 5. One member with experience in agriculture operations or
372 forestry management.
373 6. One member with experience in hunting, fishing, nongame
374 species management, or wildlife habitat management, restoration,
375 and conservation.
376 7. One member with experience in public outreach and
377 education.
378 8. One member who is a resident of Lee County, to be
379 designated by the Board of County Commissioners of Lee County.
380 9. One member who is a resident of Charlotte County, to be
381 designated by the Board of County Commissioners of Charlotte
382 County.
383
384 Vacancies will be filled in the same manner in which the
385 original appointment was made. A member appointed to fill a
386 vacancy shall serve for the remainder of that term.
387 (c) Members of the Babcock Ranch Advisory Group shall:
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388 1. Elect a chair and vice chair from among the group
389 members.
390 2. Meet regularly as determined by the chair.
391 3. Serve without compensation but shall receive
392 reimbursement for travel and per diem expenses as provided in s.
393 112.061.
394 (4)(5) MANAGEMENT OF PRESERVE; FEES.—
395 (a) The department shall assume all authority provided by
396 this section to manage and operate the preserve as a working
397 ranch upon the termination or expiration of the management
398 agreement attached as Exhibit "E" to that certain agreement for
399 sale and purchase approved by the Board of Trustees of the
400 Internal Improvement Trust Fund on November 22, 2005, and by Lee
401 County on November 20, 2005.
402 (b) Upon assuming management and operation of the
403 preserve, the department shall:
404 1. Manage and operate the preserve and the uses thereof,
405 including, but not limited to, the activities necessary to
406 administer and operate the preserve as a working ranch; the
407 activities necessary for the preservation and development of the
408 land and renewable surface resources of the preserve; the
409 activities necessary for interpretation of the history of the
410 preserve on behalf of the public; the activities necessary for
411 the management, public use, and occupancy of facilities and
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Amendment No.
412 lands within the preserve; and the maintenance, rehabilitation,
413 repair, and improvement of property within the preserve.
414 2. Develop programs and activities relating to the
415 management of the preserve as a working ranch.
416 3. Establish procedures for entering into lease agreements
417 and other agreements for the use and occupancy of the facilities
418 of the preserve. The procedures shall ensure reasonable
419 competition and set guidelines for determining reasonable fees,
420 terms, and conditions for such agreements.
421 4. Assess reasonable fees for admission to, use of, and
422 occupancy of the preserve to offset costs of operating the
423 preserve as a working ranch. These fees are independent of fees
424 assessed by the commission for the privilege of hunting,
425 fishing, or pursuing outdoor recreational activities within the
426 preserve, and shall be deposited into the Incidental Trust Fund
427 of the Florida Forest Service, subject to appropriation by the
428 Legislature.
429 (c) The commission, in cooperation with the department,
430 shall:
431 1. Establish and implement public hunting and other fish
432 and wildlife management activities. Tier I and Tier II public
433 hunting opportunities shall be provided consistent with the
434 management plan and the recreation master plan. Tier I public
435 hunting shall provide hunting opportunities similar to those
436 offered on wildlife management areas with an emphasis on youth
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Amendment No.
437 and family-oriented hunts. Tier II public hunting shall be
438 provided specifically by fee-based permitting to ensure
439 compatibility with livestock grazing and other essential
440 agricultural operations on the preserve.
441 2. Establish and administer permit fees for Tier II public
442 hunting to capitalize on the value of hunting on portions of the
443 preserve and to help ensure the preserve is financially self-
444 sufficient. The fees shall be deposited into the State Game
445 Trust Fund of the Fish and Wildlife Conservation Commission to
446 be used to offset the costs of providing public hunting and to
447 support fish and wildlife management and other land management
448 activities on the preserve.
449 (d) The Board of Trustees of the Internal Improvement
450 Trust Fund or its designated agent may:
451 1. Negotiate directly with and enter into such agreements,
452 leases, contracts, and other arrangements with any person, firm,
453 association, organization, corporation, or governmental entity,
454 including entities of federal, state, and local governments, as
455 are necessary and appropriate to carry out the purposes and
456 activities authorized by this section.
457 2. Grant privileges, leases, concessions, and permits for
458 the use of land for the accommodation of visitors to the
459 preserve, provided no natural curiosities or objects of interest
460 shall be granted, leased, or rented on such terms as shall deny
461 or interfere with free access to them by the public. Such
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Amendment No.
462 grants, leases, and permits may be made and given without
463 advertisement or securing competitive bids. Such grants, leases,
464 or permits may not be assigned or transferred by any grantee
465 without consent of the Board of Trustees of the Internal
466 Improvement Trust Fund or its designated agent.
467 (5)(6) DISSOLUTION OF BABCOCK RANCH, INC.—Upon dissolution
468 of the Babcock Ranch, Inc., all statutory powers, duties,
469 functions, records, personnel, property, and unexpended balances
470 of appropriations, allocations, and other funds of the
471 corporation shall be transferred to the Department of
472 Agriculture and Consumer Services unless otherwise provided by
473 law. Any cash balances of funds shall revert to the Incidental
474 Trust Fund of the Florida Forest Service.
475 Section 8. Paragraph (a) of subsection (2) of section
476 287.1351, Florida Statutes, is amended, and subsection (3) of
477 that section is republished, to read:
478 287.1351 Suspended vendors; state contracts.—
479 (2)(a) A vendor that is in default on any contract with an
480 agency, has failed to timely compensate its subcontractors or
481 suppliers, or has otherwise repeatedly demonstrated a recent
482 inability to fulfill the terms and conditions of previous state
483 contracts or to adequately perform its duties under those
484 contracts may not submit a bid, proposal, or reply to an agency
485 or enter into or renew a contract to provide any goods or
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Amendment No.
486 services to an agency after its placement, pursuant to this
487 section, on the suspended vendor list.
488 (3) An agency shall notify the department of any vendor
489 that has met the grounds for suspension described in paragraph
490 (2)(a). The agency must provide documentation to the department
491 evidencing the vendor's default or other grounds for suspension.
492 The department shall review the documentation provided and
493 determine whether good cause exists to remove the vendor from
494 the vendor list and to place it on the suspended vendor list. If
495 good cause exists, the department must notify the vendor in
496 writing of its intent to remove the vendor from the vendor list
497 and of the vendor's right to an administrative hearing and the
498 applicable procedures and time requirements for any such
499 hearing. If the vendor does not request an administrative
500 hearing, the department must enter a final order removing the
501 vendor from the vendor list. A vendor may not be removed from
502 the vendor list without receiving an individual notice of intent
503 from the department.
504 Section 9. Paragraph (c) is added to subsection (4) of
505 section 322.12, Florida Statutes, to read:
506 322.12 Examination of applicants.—
507 (4) The examination for an applicant for a commercial
508 driver license shall include a test of the applicant's eyesight
509 given by a driver license examiner designated by the department
510 or by a licensed ophthalmologist, optometrist, or physician and
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Amendment No.
511 a test of the applicant's hearing given by a driver license
512 examiner or a licensed physician. The examination shall also
513 include a test of the applicant's ability to read and understand
514 highway signs regulating, warning, and directing traffic; his or
515 her knowledge of the traffic laws of this state pertaining to
516 the class of motor vehicle which he or she is applying to be
517 licensed to operate, including laws regulating driving under the
518 influence of alcohol or controlled substances, driving with an
519 unlawful blood-alcohol level, and driving while intoxicated; his
520 or her knowledge of the effects of alcohol and controlled
521 substances and the dangers of driving a motor vehicle after
522 having consumed alcohol or controlled substances; and his or her
523 knowledge of any special skills, requirements, or precautions
524 necessary for the safe operation of the class of vehicle which
525 he or she is applying to be licensed to operate. In addition,
526 the examination shall include an actual demonstration of the
527 applicant's ability to exercise ordinary and reasonable control
528 in the safe operation of a motor vehicle or combination of
529 vehicles of the type covered by the license classification which
530 the applicant is seeking, including an examination of the
531 applicant's ability to perform an inspection of his or her
532 vehicle.
533 (c) An applicant for a commercial driver license who
534 receives unauthorized assistance from another person in
535 completing the portion of the examination which tests the
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Amendment No.
536 applicant's ability to read and understand highway signs
537 regulating, warning, and directing traffic or his or her
538 knowledge of the traffic laws of this state pertaining to the
539 class of motor vehicle for which he or she is applying to be
540 licensed to operate, including laws regulating driving under the
541 influence of alcohol or controlled substances, driving with an
542 unlawful blood-alcohol level, and driving while intoxicated,
543 commits a misdemeanor of the second degree, punishable as
544 provided in s. 775.082 or s. 775.083.
545 Section 10. Section 322.36, Florida Statutes, is amended
546 to read:
547 322.36 Permitting unauthorized operator to drive.—
548 (1) A person may not authorize or knowingly permit a motor
549 vehicle owned by him or her or under his or her dominion or
550 control to be operated upon any highway or public street except
551 by a person who is duly authorized to operate a motor vehicle
552 under this chapter.
553 (2) A person may not knowingly or willfully provide
554 unauthorized assistance to an applicant for the examination
555 required to hold a commercial driver license pursuant to s.
556 322.12(4).
557 (3) A Any person who violates this section commits a
558 misdemeanor of the second degree, punishable as provided in s.
559 775.082 or s. 775.083. If a person violates this section by
560 knowingly loaning a vehicle to a person whose driver license is
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Amendment No.
561 suspended and if that vehicle is involved in an accident
562 resulting in bodily injury or death, the driver license of the
563 person violating this section must shall be suspended for 1
564 year.
565 Section 11. Sections 377.71, 377.711, and 377.712, Florida
566 Statutes, are repealed.
567 Section 12. Present paragraphs (a) and (b) of subsection
568 (3) of section 403.0855, Florida Statutes, are redesignated as
569 paragraphs (b) and (c), respectively, a new paragraph (a) is
570 added to that subsection, and subsections (2) and (4) of that
571 section are amended, to read:
572 403.0855 Biosolids management.—
573 (2) The department shall adopt rules for biosolids
574 management. Rules adopted by the department pursuant to this
575 section may not take effect until ratified by the Legislature.
576 (3) For a new land application site permit or a permit
577 renewal issued after July 1, 2020, the permittee of a biosolids
578 land application site shall:
579 (a) Ensure that only Class AA biosolids are applied to the
580 soil.
581 (4) All permits shall comply with the requirements of
582 subsection (3)(a) by July 1, 20282022.
583 Section 13. Subsection (5) of section 482.071, Florida
584 Statutes, is amended, and present subsection (5) is renumbered
585 to read:
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Amendment No.
586 482.071 Licenses.—
587 (5) Each person making application for a pest control
588 business license or renewal thereof who will offer and perform
589 fumigations as a part of their regular business operations must
590 furnish to the department a certificate of insurance that meets
591 the requirement for minimum financial responsibility for bodily
592 injury and property damage consisting of:
593 1. Bodily injury: $1,000,000 per person and $2,000,000 per
594 occurrence; and property damage: $1,000,000 per occurrence and
595 $2,000,000 in the aggregate; or
596 2. Combined single-limit coverage: $2,000,000 in the
597 aggregate.
598 (6)(5) A license under this section is a prerequisite for
599 the issuance of a local occupational license to engage in pest
600 control, as provided in s. 205.1967.
601 Section 14. Subsection (7) of section 482.161, Florida
602 Statutes, is amended to read:
603 482.161 Disciplinary grounds and actions; reinstatement.—
604 (7) The department, pursuant to chapter 120, in addition
605 to or in lieu of any other remedy provided by state or local
606 law, may impose an administrative fine in the Class III II
607 category pursuant to s. 570.971 for a violation of this chapter
608 or of the rules adopted pursuant to this chapter. In determining
609 the amount of fine to be levied for a violation, the following
610 factors shall be considered:
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Amendment No.
611 Section 15. Subsections (3) and (5) of section 482.165,
612 Florida Statutes, are amended to read:
613 482.165 Unlicensed practice of pest control; cease and
614 desist order; injunction; civil suit and penalty.—
615 (3) In addition to or in lieu of any remedy provided under
616 subsection (2), the department may institute a civil suit in
617 circuit court to recover a civil penalty for any violation for
618 which the department may issue a notice to cease and desist
619 under subsection (2). The civil penalty shall be in the Class
620 III II category pursuant to s. 570.971 for each offense. The
621 court may also award to the prevailing party court costs and
622 reasonable attorney fees.
623 (5) In addition to or in lieu of any remedy provided under
624 subsections (2) and (3), the department may, even in the case of
625 a first offense, impose a fine not less than twice the cost of a
626 pest control business license, but not more than a fine in the
627 Class III II category pursuant to s. 570.971, upon a
628 determination by the department that a person is in violation of
629 subsection (1). For the purposes of this subsection, the lapse
630 of a previously issued license for a period of less than 1 year
631 is not considered a violation.
632 Section 16. Subsections (20) and (21) are added to section
633 489.105, Florida Statutes, to read:
634 489.105 Definitions.—As used in this part:
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Amendment No.
635 (20) "Subcontractor" has the same meaning as in s.
636 558.002.
637 (21) "Supplier" has the same meaning as in s. 558.002.
638 Section 17. Section 489.1295, Florida Statutes, is created
639 to read:
640 489.1295 Theft of subcontractor or supplier services.—
641 (1) A person licensed as a contractor or who otherwise
642 holds himself or herself out to be a contractor may not
643 knowingly or willfully fail to compensate his or her
644 subcontractors or suppliers without reasonable cause within 30
645 days after receiving payment for the services performed by the
646 subcontractor or supplier.
647 (2) A person licensed as a contractor or who otherwise
648 holds himself or herself out to be a contractor who violates
649 this section commits a misdemeanor of the first degree,
650 punishable as provided in s. 775.082 or s. 775.083.
651 (3) If a person licensed as a contractor or who otherwise
652 holds himself or herself out to be a contractor violates this
653 section and the services performed by the subcontractor or
654 supplier are valued at $20,000 or more, such person commits a
655 felony of the third degree, punishable as provided in s.
656 775.082, s. 775.083, or s. 775.084.
657 Section 18. Subsection (6) of section 500.04, Florida
658 Statutes, is amended to read:
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Amendment No.
659 500.04 Prohibited acts.—The following acts and the causing
660 thereof within the state are prohibited:
661 (6) The obstruction of or refusal to permit entry or
662 inspection, or to permit the taking of a sample, as authorized
663 by s. 500.147.
664 Section 19. Section 500.81, Florida Statutes, is repealed.
665 Section 20. Subsection (5) of section 500.93, Florida
666 Statutes, is amended to read:
667 500.93 Mislabeling of plant-based products as milk, meat,
668 or poultry.—
669 (5) The Department of Agriculture and Consumer Services
670 shall notify the Division of Law Revision upon the enactment
671 into law by any 11 of the group of 14 states composed of
672 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
673 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
674 Texas, Virginia, and West Virginia of the mandatory labeling
675 requirements pursuant to paragraphs (2)(a), (3)(a), and (4)(a)
676 subsections (2) and (3).
677 Section 21. Section 501.013, Florida Statutes, is amended
678 to read:
679 501.013 Health studios; exemptions.—
680 (1) The following businesses or activities may be declared
681 exempt from the provisions of ss. 501.012-501.019 upon the
682 filing of an affidavit with the department establishing that the
683 stated qualifications are met:
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Amendment No.
684 (a)(1) A bona fide nonprofit organization which has been
685 granted tax-exempt status by the Internal Revenue Service.
686 (b)(2) A gymnastics school which engages only in
687 instruction and training and in which exercise is only
688 incidental to such instruction and training.
689 (c)(3) A golf, tennis, or racquetball club in which sports
690 play is the only activity offered by the club. If the facility
691 offers the use of physical exercise equipment, this exemption
692 shall not apply.
693 (d)(4) A program or facility which is offered and used
694 solely for the purpose of dance, aerobic exercise, or martial
695 arts, and which utilizes no physical exercise equipment.
696 (e)(5) A country club that has as its primary function the
697 provision of a social life and recreational amenities to its
698 members, and for which a program of physical exercise is merely
699 incidental to membership. As used in this paragraph subsection,
700 the term "country club" means a facility that offers its members
701 a variety of services that may include, but need not be limited
702 to, social activities; dining, banquet, catering, and lounge
703 facilities; swimming; yachting; golf; tennis; card games such as
704 bridge and canasta; and special programs for members' children.
705 Upon the filing of an affidavit with the department establishing
706 that the stated qualifications of this paragraph subsection were
707 met before July 1, 1997, this paragraph subsection will apply
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Amendment No.
708 retroactively to the date that the country club met these
709 qualifications.
710 (f)(6) A program or facility that is offered by an
711 organization for the exclusive use of its employees and their
712 family members.
713 (2) In addition to the businesses and activities listed in
714 subsection (1), the department may exempt any other business or
715 activity not in existence as of July 1, 2026, from ss. 501.012-
716 501.019.
717 Section 22. Section 501.062, Florida Statutes, is created
718 to read:
719 501.062 Unauthorized commercial solicitation; legislative
720 intent; definitions; prohibited acts; penalties.—
721 (1) LEGISLATIVE INTENT.—It is the intent of the
722 Legislature to protect, preserve, and promote the safety,
723 welfare, and peace of the citizens of this state by adopting
724 measure to reduce the threat to private property rights,
725 including the right to exclude and to be free from trespass of
726 unauthorized commercial solicitation on private property when
727 noticed by the property owner. It is the intent of this section
728 to protect such private property rights by creating a uniform
729 standard for notifying individuals or groups of individuals that
730 commercial solicitation is prohibited on private property.
731 (2) DEFINITIONS.—As used in this section, the term:
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Amendment No.
732 (a) "Commercial solicitation" means the act of attempting
733 to sell goods or services, or to raise funds for a commercial
734 purpose, through direct or indirect contact with individuals,
735 including, but not limited to, using words, body gestures, or
736 signs, on behalf of a business or commercial entity.
737 (b) "Dwelling" has the same meaning as in s. 810.011(2).
738 (3) PROHIBITED ACTS.—A person may not engage in commercial
739 solicitation on any dwelling that clearly and prominently
740 displays a sign that is no less than 8.5 by 11 inches, is
741 visible to any person approaching the dwelling, and clearly
742 displays a statement which identifies the dwelling as private
743 property on which commercial solicitation is prohibited, in
744 substantially the following manner with letters at least 1 inch
745 in height:
746
747 THIS DWELLING IS DESIGNATED PRIVATE PROPERTY. NO
748 COMMERCIAL SOLICITATION IS PERMITTED PURSUANT TO
749 SECTION 501.062, FLORIDA STATUTES.
750
751 (4) PENALTIES.—A person who violates subsection (3)
752 commits a noncriminal violation, punishable as provided in s.
753 775.083. A person who commits a second or subsequent violation
754 commits a misdemeanor of the second degree, punishable as
755 provided in s. 775.082 or s. 775.083.
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756 Section 23. Subsection (50) is added to section 570.07,
757 Florida Statutes, to read:
758 570.07 Department of Agriculture and Consumer Services;
759 functions, powers, and duties.—The department shall have and
760 exercise the following functions, powers, and duties:
761 (50) Notwithstanding s. 20.04(7), to reorganize
762 departmental units upon the approval of the commissioner.
763 Section 24. Paragraph (c) is added to subsection (3) of
764 section 570.822, Florida Statutes, to read:
765 570.822 Agriculture and Aquaculture Producers Emergency
766 Recovery Loan Program.—
767 (3) ELIGIBLE APPLICANTS.—To be eligible for the program,
768 an applicant must:
769 (c) Be a United States citizen and a legal resident of
770 this state before or on the date of the declared emergency. If
771 the applicant is an entity as defined in s. 605.0102, the entity
772 must be wholly owned and operated in the United States and
773 possess an active certificate of status issued by the Department
774 of State pursuant to chapter 605.
775 Section 25. Section 570.832, Florida Statutes, is created
776 to read:
777 570.832 Florida Native Seed Research and Marketing
778 Program.— The Florida Wildflower Foundation, in coordination
779 with the department, shall, subject to appropriation, establish
780 the Florida native Seed Research and Marketing Program to
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Amendment No.
781 conduct research designed to expand the availability and uses of
782 native seeds and strengthen the market position of this state's
783 native seed industry through marketing campaigns and promotions
784 within this state and the nation.
785 Section 26. Section 570.846, Florida Statutes, is created
786 to read:
787 570.846 Food Animal Veterinary Medicine Loan Repayment
788 Program.—
789 (1) PURPOSE.—To encourage specialized and qualified
790 veterinary professionals to practice in this state, to retain
791 the employment of such professionals in this state, and to
792 promote the care and treatment of food animals intended for
793 human consumption, there is established the Food Animal
794 Veterinary Medicine Loan Repayment Program. The purpose of the
795 program is to authorize the department to make payments that
796 offset loans incurred for studies leading to a veterinary degree
797 and a specialization in food animal veterinary medicine.
798 (2) DEFINITIONS.—As used in this section, the term:
799 (a) "Food animal" means a species of animal raised for the
800 human food supply. Food animal species include cattle, swine,
801 sheep, goat, poultry, aquaculture, and apiary species.
802 (b) "Food animal veterinarian" means a veterinarian
803 working in food animal veterinary medicine who focuses on the
804 management and health of food animals, and who spends a minimum
805 of 20 hours per week on food animal species care and treatment.
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Amendment No.
806 (c) "Food animal veterinary medicine" means veterinary
807 medical practice that encompasses medical care, disease
808 prevention, and consultation on feeding, housing, and overall
809 herd management of food animals to ensure a safe, healthy, and
810 sustainable food supply for the public.
811 (3) ELIGIBILITY.—To be eligible for the program, a
812 candidate must have graduated from an American Veterinary
813 Medical Association-accredited college of veterinary medicine,
814 have received a Florida veterinary medical license, have
815 obtained a Category II Accreditation from the United States
816 Department of Agriculture, and be a practicing food animal
817 veterinarian in this state.
818 (4) FUNDING.—Subject to legislative appropriation, the
819 department may make loan principal repayments of up to $25,000
820 per eligible candidate per year. Loan principle repayments may
821 be made on behalf of each eligible candidate each year for up to
822 5 years. The department may select up to three new eligible
823 candidates each year. All repayments are contingent upon
824 continued proof of employment in this state as a practicing food
825 animal veterinarian.
826 (5) DUPLICATION OF FINANCIAL ASSISTANCE.—An eligible
827 candidate receiving financial assistance from the federal
828 veterinary medicine loan repayment program as established in 7
829 U.S.C. part 3151a is ineligible to receive financial assistance
830 from the program under this section.
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Amendment No.
831 (6) RULEMAKING.—The department may adopt any rule
832 necessary for the administration of the program.
833 Section 27. Subsection (1) of section 570.85, Florida
834 Statutes, is amended to read:
835 570.85 Agritourism.—
836 (1) It is the intent of the Legislature to promote
837 agritourism as a way to support bona fide agricultural
838 production by providing a stream of revenue and by educating the
839 general public about the agricultural industry. It is also the
840 intent of the Legislature to eliminate duplication of regulatory
841 authority over agritourism as expressed in this section. Except
842 as otherwise provided for in this section, and notwithstanding
843 any other law, a local government may not adopt or enforce a
844 local ordinance, regulation, rule, or policy that prohibits,
845 restricts, regulates, or otherwise limits an agritourism
846 activity on land classified as agricultural land under s.
847 193.461, and may not require a property owner to obtain a rural
848 event venue permit or license. This subsection does not limit
849 the powers and duties of a local government to address
850 substantial offsite impacts of agritourism activities or an
851 emergency as provided in chapter 252.
852 Section 28. Subsection (6) is added to section 570.86,
853 Florida Statutes, to read:
854 570.86 Definitions.—As used in ss. 570.85-570.89, the term:
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Amendment No.
855 (6) "Rural event venue" means a venue located on property
856 classified as agricultural pursuant to the provisions of s.
857 193.461, and used for special functions such as weddings,
858 receptions, corporate meetings, or similar gatherings.
859 Section 29. Subsection (4) of section 583.01, Florida
860 Statutes, is amended to read:
861 583.01 Definitions.—For the purpose of this chapter,
862 unless elsewhere indicated, the term:
863 (4) "Dealer" means a person, firm, or corporation,
864 including a producer, processor, retailer, or wholesaler, that
865 sells, offers for sale, or holds for the purpose of sale in this
866 state 30 dozen or more eggs or its equivalent in any one week,
867 or more than 20,000 384 dressed birds annually in any one week.
868 Section 30. Section 590.02, Florida Statutes, is amended
869 to read:
870 590.02 Florida Forest Service; powers, authority, and
871 duties; liability; building structures; Withlacoochee and Welaka
872 Training Centers Center.—
873 (1) The Florida Forest Service has the following powers,
874 authority, and duties to:
875 (a) Enforce the provisions of this chapter;
876 (b) Prevent, detect, and suppress wildfires wherever they
877 may occur on public or private land in this state and do all
878 things necessary in the exercise of such powers, authority, and
879 duties;
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Amendment No.
880 (c) Provide firefighting crews, who shall be under the
881 control and direction of the Florida Forest Service and its
882 designated agents;
883 (d) Appoint center managers, forest area supervisors,
884 forestry program administrators, a forest protection bureau
885 chief, a forest protection assistant bureau chief, a field
886 operations bureau chief, deputy chiefs of field operations,
887 district managers, forest operations administrators, senior
888 forest rangers, investigators, forest rangers, firefighter
889 rotorcraft pilots, and other employees who may, at the Florida
890 Forest Service's discretion, be certified as forestry
891 firefighters pursuant to s. 633.408(8). Other law
892 notwithstanding, center managers, district managers, forest
893 protection assistant bureau chief, and deputy chiefs of field
894 operations have Selected Exempt Service status in the state
895 personnel designation;
896 (e) Develop a training curriculum for wildland
897 firefighters which must contain a minimum of 40 hours of
898 structural firefighter training, a minimum of 40 hours of
899 emergency medical training, and a minimum of 376 hours of
900 wildfire training;
901 (f) Pay the cost of the initial commercial driver license
902 examination fee, and renewal, for those employees whose position
903 requires them to operate equipment requiring a license. This
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Amendment No.
904 paragraph is intended to be an authorization to the department
905 to pay such costs, not an obligation;
906 (g) Provide fire management services and emergency
907 response assistance and set and charge reasonable fees for
908 performance of those services. Moneys collected from such fees
909 shall be deposited into the Incidental Trust Fund of the Florida
910 Forest Service;
911 (h) Require all state, regional, and local government
912 agencies operating aircraft in the vicinity of an ongoing
913 wildfire to operate in compliance with the applicable state
914 Wildfire Aviation Plan;
915 (i) Authorize broadcast burning, prescribed burning, pile
916 burning, and land clearing debris burning to carry out the
917 duties of this chapter and the rules adopted thereunder; and
918 (j) Make rules to accomplish the purposes of this chapter.
919 (2) The Florida Forest Service's employees, and the
920 firefighting crews under their control and direction, may enter
921 upon any lands for the purpose of preventing, detecting, and
922 suppressing wildfires and investigating smoke complaints or open
923 burning not in compliance with authorization and to enforce the
924 provisions of this chapter.
925 (3) Employees of the Florida Forest Service and of
926 federal, state, and local agencies, and all other persons and
927 entities that are under contract or agreement with the Florida
928 Forest Service to assist in firefighting operations as well as
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Amendment No.
929 those entities, called upon by the Florida Forest Service to
930 assist in firefighting may, in the performance of their duties,
931 set counterfires, remove fences and other obstacles, dig
932 trenches, cut firelines, use water from public and private
933 sources, and carry on all other customary activities in the
934 fighting of wildfires without incurring liability to any person
935 or entity. The manner in which the Florida Forest Service
936 monitors a smoldering wildfire or smoldering prescribed fire or
937 fights any wildfire are planning level activities for which
938 sovereign immunity applies and is not waived.
939 (4)(a) The department may build structures,
940 notwithstanding chapters 216 and 255, not to exceed a cost of
941 $50,000 per structure from existing resources on forest lands,
942 federal excess property, and unneeded existing structures. These
943 structures must meet all applicable building codes.
944 (b) Notwithstanding s. 553.80(1), the department shall
945 exclusively enforce the Florida Building Code as it pertains to
946 wildfire, law enforcement, and other Florida Forest Service
947 facilities under the jurisdiction of the department.
948 (5) The Florida Forest Service shall organize its
949 operational units to most effectively prevent, detect, and
950 suppress wildfires, and to that end, may employ the necessary
951 personnel to manage its activities in each unit. The Florida
952 Forest Service may construct lookout towers, roads, bridges,
953 firelines, and other facilities and may purchase or fabricate
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Amendment No.
954 tools, supplies, and equipment for firefighting. The Florida
955 Forest Service may reimburse the public and private entities
956 that it engages to assist in the suppression of wildfires for
957 their personnel and equipment, including aircraft.
958 (6) The Florida Forest Service shall undertake
959 privatization alternatives for fire prevention activities
960 including constructing fire lines and conducting prescribed
961 burns and, where appropriate, entering into agreements or
962 contracts with the private sector to perform such activities.
963 (7) The Florida Forest Service may organize, staff, equip,
964 and operate the Withlacoochee and Welaka Training Centers
965 Center. The centers center shall serve as sites a site where
966 fire and forest resource managers can obtain current knowledge,
967 techniques, skills, and theory as they relate to their
968 respective disciplines, and the centers:.
969 (a) The center May establish cooperative efforts involving
970 federal, state, and local entities; hire appropriate personnel;
971 and engage others by contract or agreement with or without
972 compensation to assist in carrying out the training and
973 operations of the centers center.
974 (b) The center Shall provide wildfire suppression training
975 opportunities for rural fire departments, volunteer fire
976 departments, and other local fire response units.
977 (c) The center Shall focus on curriculum related to, but
978 not limited to, fuel reduction, an incident management system,
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Amendment No.
979 prescribed burning certification, multiple-use land management,
980 water quality, forest health, environmental education, and
981 wildfire suppression training for structural firefighters.
982 (d) The center May assess appropriate fees for food,
983 lodging, travel, course materials, and supplies in order to meet
984 its operational costs and may grant free meals, room, and
985 scholarships to persons and other entities as determined by the
986 Florida Forest Service, regardless of whether training occurs at
987 the Withlacoochee or Welaka Training Center or at another
988 location in exchange for instructional assistance.
989 (8)(a) The Cross City Work Center shall be named the L.
990 Earl Peterson Forestry Station. This is to honor Mr. L. Earl
991 Peterson, Florida's sixth state forester, whose distinguished
992 career in state government has spanned 44 years, and who is a
993 native of Dixie County.
994 (b) The Madison Forestry Station shall be named the Harvey
995 Greene Sr. Forestry Station. This is to honor Mr. Harvey Greene
996 Sr., a World War I veteran and pioneer in forestry in Madison
997 County. In 1947, Mr. Harvey Greene Sr. offered to give the land
998 on which the forestry station is located to the state; however,
999 at that time, the state could not accept donations of land.
1000 Instead, Mr. Harvey Greene Sr. sold the land to the state and,
1001 with the proceeds of the sale, purchased forestry equipment to
1002 be used by the citizens of Madison County to plant trees and
1003 fight wildfires.
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Amendment No.
1004 (c) The Bonifay Forestry Station shall be named the John
1005 Michael Mathis Forestry Station. This is to honor the late Mr.
1006 John Michael Mathis, the Chipola Forestry Center manager whose
1007 distinguished career spanned 18 years, and who received many
1008 awards for his service, including commendation for leadership in
1009 wildfire mitigation for his service during Hurricane Michael.
1010 Mr. John Michael Mathis was a proud husband, father, forester,
1011 and friend.
1012 (9)(a) Notwithstanding ss. 273.055 and 287.16, the
1013 department may retain, transfer, warehouse, bid, destroy, scrap,
1014 or otherwise dispose of surplus equipment and vehicles that are
1015 used for wildland firefighting.
1016 (b) All money received from the disposition of state-owned
1017 equipment and vehicles that are used for wildland firefighting
1018 shall be retained by the department. Money received pursuant to
1019 this section is appropriated for and may be disbursed for the
1020 acquisition of exchange and surplus equipment used for wildland
1021 firefighting, and for all necessary operating expenditures
1022 related to such equipment, in the same fiscal year and the
1023 fiscal year following the disposition. The department shall
1024 maintain records of the accounts into which the money is
1025 deposited.
1026 (10)(a) Notwithstanding the provisions of s. 252.38, the
1027 Florida Forest Service has exclusive authority to require and
1028 issue authorizations for broadcast burning and agricultural and
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Amendment No.
1029 silvicultural pile burning. An agency, commission, department,
1030 county, municipality, or other political subdivision of the
1031 state may not adopt or enforce laws, regulations, rules, or
1032 policies pertaining to broadcast burning or agricultural and
1033 silvicultural pile burning.
1034 (b) The Florida Forest Service may delegate to a county,
1035 municipality, or special district its authority:
1036 1. As delegated by the Department of Environmental
1037 Protection pursuant to ss. 403.061(29) and 403.081, to manage
1038 and enforce regulations pertaining to the burning of yard trash
1039 in accordance with s. 590.125(6).
1040 2. To manage the open burning of land clearing debris in
1041 accordance with s. 590.125.
1042 Section 31. Section 595.421, Florida Statutes, is created
1043 to read:
1044 595.421 Farmers Feeding Florida Program.—There is
1045 established the Farmers Feeding Florida Program to coordinate
1046 with Feeding Florida, or its successor entity, for the
1047 acquisition, transportation, and distribution of non-Emergency
1048 Food Assistance Program fresh food products for the benefit of
1049 residents who are food insecure due to a lack of local food
1050 resources, accessibility, and affordability.
1051 (1) In order to implement the program, Feeding Florida
1052 shall:
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Amendment No.
1053 (a) Enter into an agreement with the department to
1054 provide, at a minimum, all of the following services:
1055 1. Transportation of non-Emergency Food Assistance Program
1056 fresh food products using owned vehicles or contracted
1057 commercial vehicles.
1058 2. Coordination of the purchase and pickup of food from
1059 the purchase location and delivery to the distribution location.
1060 (b) Submit monthly reports to the department, beginning
1061 July 1, 2026, which include, at a minimum, all of the following:
1062 1. A detailed record of the amount of food purchased,
1063 measured per pound and itemized according to its commodity type.
1064 2. Food purchase locations.
1065 3. Food purchase dates.
1066 4. The date of delivery and locations to which the food
1067 was distributed.
1068 (c) Submit quarterly reports, beginning July 1, 2026, to
1069 the chairs of the legislative appropriations committees,
1070 including all of the following information:
1071 1. A detailed record of the amount of food distributed,
1072 measured per pound and itemized according to its commodity type.
1073 2. The distribution locations.
1074 3. An itemized list of the types of commodities
1075 distributed.
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Amendment No.
1076 (2) Foods purchased by Feeding Florida through the program
1077 are restricted to charitable purposes for hunger relief and may
1078 not reenter the wholesale, retail, or secondary market.
1079 (3) Feeding Florida may not, in implementing this section,
1080 allow a candidate for elective office to host a food
1081 distribution event during the period of time between the last
1082 day of the election qualifying period and the date of the
1083 election if the candidate is opposed for election or re-election
1084 at the time of the event. This subsection does not apply if the
1085 event is in response to a declared state of emergency.
1086 Section 32. Present paragraph (c) of subsection (7) of
1087 section 597.004, Florida Statutes, is redesignated as paragraph
1088 (d) and amended, a new paragraph (c) is added to that
1089 subsection, and paragraph (a) of subsection (2) of that section
1090 is amended, to read:
1091 597.004 Aquaculture certificate of registration.—
1092 (2) RULES.—
1093 (a) The department, in consultation with the Department of
1094 Environmental Protection, the water management districts,
1095 environmental groups, and representatives from the affected
1096 farming groups, shall adopt rules to:
1097 1. Specify the requirement of best management practices to
1098 be implemented by holders of aquaculture certificates of
1099 registration.
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Amendment No.
1100 2. Establish procedures for holders of aquaculture
1101 certificates of registration to submit the notice of intent to
1102 comply with best management practices.
1103 3. Establish schedules for implementation of best
1104 management practices, and of interim measures that can be taken
1105 prior to adoption of best management practices. Interim measures
1106 may include the continuation of regulatory requirements in
1107 effect on June 30, 1998.
1108 4. Establish a system to assure the implementation of best
1109 management practices, including recordkeeping requirements.
1110 5. Require any facility that cultures Micropterus
1111 salmoides floridanus to maintain stock acquisition documentation
1112 or records of genetic testing.
1113 (7) REGISTRATION AND RENEWALS.—
1114 (c) The department may not renew a certificate of
1115 registration for a facility that is not compliant with this
1116 section unless documentation of corrective action is provided
1117 with the renewal application.
1118 (d)(c) A Any person whose certificate of registration has
1119 been revoked or suspended must reapply to the department for
1120 certification. A person, a company, or an entity, or a principal
1121 of a company or an entity whose certificate of registration has
1122 been revoked, may not reapply for a period of 3 years.
1123 Section 33. Paragraph (a) of subsection (5) of section
1124 597.010, Florida Statutes, is amended to read:
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Amendment No.
1125 597.010 Shellfish regulation; leases.—
1126 (5) LEASES IN PERPETUITY; RENT.—
1127 (a) All leases issued previously under the provisions of
1128 s. 379.2525 shall be enforced under the authority of this
1129 chapter, notwithstanding any other law to the contrary, and
1130 shall continue in perpetuity under such restrictions as stated
1131 in the lease agreement. The annual rental fee charged for all
1132 leases shall consist of the minimum rate of $15 per acre, or any
1133 fraction of an acre, per year and may shall be adjusted on
1134 January 1, 1995, and every 5 years thereafter, based on the 5-
1135 year average change in the Consumer Price Index. Rent must shall
1136 be paid in advance of January 1 of each year or, in the case of
1137 a new lease, at the time of signing, regardless of who holds the
1138 lease.
1139 Section 34. Paragraphs (b) and (c) of subsection (1) of
1140 section 599.012, Florida Statutes, are amended to read:
1141 599.012 Florida Wine Trust Fund; creation.—
1142 (1) There is established the Florida Wine Trust Fund
1143 within the Department of Agriculture and Consumer Services. The
1144 department shall use the moneys deposited in the trust fund
1145 pursuant to subsection (2) to do all the following:
1146 (b) Promote wine viticulture products manufactured from
1147 products grown in the state.
1148 (c) Provide grants for wine and viticultural research.
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Amendment No.
1149 Section 35. Section 616.001, Florida Statutes, is amended
1150 to read:
1151 616.001 Definitions.—As used in this chapter, the term:
1152 (1) "Annual public fair" means a community, county,
1153 district, regional, or state fair that is held and conducted by
1154 a fair association and permitted by the department pursuant to
1155 s. 616.15.
1156 (2) "Authority" means the Florida State Fair Authority.
1157 (3) "Community fair" means an annual public fair that
1158 serves an area of less than an entire county, has exhibits that
1159 are in accordance with s. 616.17, and gives premiums or awards
1160 to exhibitors. Agricultural products shall be produced in the
1161 community the exhibit represents. The majority of the board of
1162 directors of the fair shall reside, be employed, or operate a
1163 business in the community the fair represents.
1164 (3)(4) "Concession" means use by a fair association, or a
1165 grant, lease, or license to a third party, of a portion of the
1166 land under the ownership, custody, or control of a fair
1167 association for specific uses, or the right to enter upon the
1168 land for specific purposes, such as providing rides, games,
1169 food, beverage, merchandise for sale, exhibits, projects,
1170 activities, events, programs, or other uses authorized in this
1171 chapter.
1172 (5) "County fair" means an annual public fair that serves
1173 an entire county and provides exhibitors with premiums or awards
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Amendment No.
1174 for exhibits that are in accordance with s. 616.17. Agricultural
1175 products must be typical of those produced in the county the
1176 exhibit represents. The majority of the board of directors of
1177 the fair shall reside, be employed, or operate a business in the
1178 county that the fair association represents.
1179 (4)(6) "Department" means the Department of Agriculture
1180 and Consumer Services.
1181 (7) "District fair" means an annual public fair that
1182 serves at least five counties and has exhibits that meet the
1183 requirements of s. 616.17. A district fair shall pay at least
1184 $25,000 in cash premiums or awards to exhibitors. Agricultural
1185 products must be typical of those produced in the counties the
1186 exhibit represents. Livestock may originate from outside the
1187 district, but must be registered in the exhibitor's name at
1188 least 30 days before the opening day of the fair. Each county is
1189 encouraged to have proportionate exhibits, typical of its
1190 respective natural resources. Each county shall have exhibits
1191 representing basic resources in agriculture and industry.
1192 (5)(8) "Entry" means one item entered for competition or
1193 show. An entry may constitute an exhibit, depending upon the
1194 regulations stated in the premium book.
1195 (6)(9) "Exhibit" means one or more entries entered for
1196 exhibition and constituting a unit. An exhibit may consist of
1197 one or more entries, depending upon the regulations stated in
1198 the premium book. The term includes parades and displays of
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Amendment No.
1199 articles or a collection of articles, whether static,
1200 interactive, or dynamic, by a fair association or a third party
1201 contracting with a fair association, such as exhibits of
1202 animals, art, housewares, or motor vehicles.
1203 (7)(10) "Exhibitor" means an individual, a group of
1204 individuals, or a business, including a fair association or
1205 third party contracting with a fair association, which has an
1206 exhibit.
1207 (8)(11) "Fair association" or "association" means an
1208 association not for profit incorporated under this chapter for
1209 the purpose of conducting and operating public fairs or
1210 expositions.
1211 (9)(12) "Public fair or exposition" means a project,
1212 activity, event, or program, and use by a fair association,
1213 including, but not limited to, the annual public fair, which
1214 serves the purposes specified in s. 616.08 and benefits and
1215 develops the educational, agricultural, horticultural,
1216 livestock, charitable, historical, civic, cultural, scientific,
1217 and other resources of this state, or any county, municipality,
1218 or other community in this state.
1219 (13) "Regional fair" or "interstate fair" means an annual
1220 public fair of this state and other states in which fair
1221 exhibits meet the requirements of s. 616.17. Agricultural
1222 products must be typical of those produced in the area the
1223 exhibit represents.
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Amendment No.
1224 (10)(14) "Specialized show" means a show or an exhibition
1225 exhibiting and emphasizing livestock or poultry, or a fruit or
1226 vegetable festival, and must meet the minimum exhibit
1227 requirements specified in s. 616.17. A specialized show may
1228 qualify under one of the definitions in subsections (3), (5),
1229 (7), and (15).
1230 (11)(15) "State fair" means an annual public fair that
1231 serves the entire state. Exhibits must comply with s. 616.17,
1232 and cash premiums or awards may be given to exhibitors.
1233 Section 36. Section 616.01, Florida Statutes, is amended
1234 to read:
1235 616.01 Requirements for Number of persons required;
1236 requisites of proposed charter.—Twenty-five or more persons who
1237 are Residents and qualified electors of the county in which the
1238 annual public fair is to be located, who wish to form an
1239 association not for profit for the purpose of conducting and
1240 operating public fairs or expositions, may become incorporated
1241 in the following manner. The applicant must subscribers shall
1242 submit the proposed charter to the department for review and
1243 approval or denial. If the proposed charter is denied, the
1244 department must provide the applicant with a letter sent to the
1245 mailing address provided on the proposed charter and include a
1246 complete listing of all deficiencies, if any, which must be
1247 remedied before resubmittal of the proposed charter for
1248 approval. If the proposed charter is approved, the applicant
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Bill No. HB 433 (2026)
Amendment No.
1249 must subscribers shall sign and present a notarized copy of the
1250 proposed charter to the judge of the circuit court for the
1251 county in which the principal office of the association will be
1252 located. The proposed charter must specify:
1253 (1) The name of the association and the place where the
1254 principal office is to be located. The name of the association
1255 must shall include the word, "Inc."
1256 (2) The general nature of the objectives and powers of the
1257 association, including a provision that the association is
1258 incorporated for the sole purpose of conducting and operating
1259 public fairs or expositions.
1260 (3) The qualifications and terms of association members
1261 and criteria for their admission and expulsion. Provision must
1262 may be made in the charter for ex officio membership.
1263 (4) The time for which the association is to exist.
1264 (5) The name and residence of each subscriber.
1265 (6) Procedures for the election of and governance by
1266 officers, who may be elected or appointed.
1267 (7) The designation of officers who will manage the
1268 affairs of the association until the first election or
1269 appointment under the charter.
1270 (8) Procedures for the adoption, amendment, or rescission
1271 of bylaws of the association.
1272 (9) The highest amount of indebtedness or liability that
1273 may be accrued by the association.
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Amendment No.
1274 (10) The name an elected member of the board of county
1275 commissioners of the county in which the principal office of the
1276 association will be located, who will serve as an ex officio
1277 member of the board of directors the association.
1278 (11) The official e-mail address of the association which
1279 will be used for the purpose of official communication between
1280 the association and governmental entities.
1281 (12) The language for the oath that will be taken by the
1282 applicant, which must include, but is not limited to, all of the
1283 following:
1284 (a) That the primary objective of the association is for
1285 public service and to hold, conduct, and promote public fairs or
1286 expositions.
1287 (b) That money and other available assets in value
1288 exceeding $5,000 have been provided for purposes designated by
1289 the association.
1290 (c) That the association will operate in good faith to
1291 carry out the purposes and objectives set forth in the charter.
1292 Section 37. Section 616.02, Florida Statutes, is amended
1293 to read:
1294 616.02 Fair associations per county Acknowledgment of
1295 charter.—
1296 (1) Beginning July 1, 2026, there may be only one
1297 incorporated fair association per county in this state,
1298 excluding the state fair, which may be incorporated and
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Amendment No.
1299 conducted in any county. The department may not approve a
1300 proposed charter incorporating a fair association within the
1301 same county in which a fair association currently exists. The
1302 department may waive this requirement at the discretion of the
1303 Commissioner of Agriculture.
1304 (2) Any fair association incorporated before July 1, 2026,
1305 may conduct public fairs or expositions and exercise the
1306 authority provided them pursuant to this chapter The proposed
1307 charter of a fair association shall be acknowledged by at least
1308 three of its subscribers before an officer authorized to make
1309 acknowledgment of deeds. Subscribers shall also make and take an
1310 oath, which must be attached to the proposed charter, stating
1311 that the primary objective of the association is public service
1312 and holding, conducting, and promoting public fairs or
1313 expositions; that money and other available assets in value
1314 exceeding $5,000 have been provided for the purposes of the
1315 association; and that the association will operate in good faith
1316 to carry out the purposes and objectives set forth in its
1317 charter.
1318 Section 38. Section 616.03, Florida Statutes, is amended
1319 to read:
1320 616.03 Notice of application; Approval and record of
1321 charter.—Upon approval by the department, A notice of intention
1322 to apply to the circuit court for the charter of a fair
1323 association must specify the date that application will be made,
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Amendment No.
1324 shall be sent to the department for approval, and shall be
1325 published in a newspaper in the county where the principal
1326 office of the association will be located once each week for 4
1327 consecutive weeks. The notice must briefly summarize the charter
1328 and objectives of the proposed association. the proposed charter
1329 must shall be submitted to and approved by the board of county
1330 commissioners of the county in which the principal office of the
1331 association will be located. After approval by the department
1332 and the board of county commissioners, the proposed charter and
1333 proof of approval must and publication shall be submitted to the
1334 circuit judge on the date specified in the notice. If no cause
1335 is shown to the contrary and the judge finds that the proposed
1336 charter is in proper form and will serve the primary objective
1337 of public service, the judge must shall approve the charter and
1338 issue an order incorporating the applicant subscribers under the
1339 charter for the objectives and purposes specified in the
1340 charter. The charter and order of incorporation must shall be
1341 recorded in the office of the clerk of the circuit court in the
1342 county where the principal office of the association will be
1343 located and provided to the department. After the order is
1344 recorded, the applicant subscribers and any their associates are
1345 incorporated with the objectives and powers established in the
1346 charter and under the name given in the charter. During the
1347 publication period, the proposed charter shall be on file in the
1348 office of the clerk of the circuit court. This section does not
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Amendment No.
1349 preclude a fair association from also filing its duly approved
1350 charter with the Department of State pursuant to chapter 617 for
1351 notice purposes.
1352 Section 39. Subsection (2) of section 616.05, Florida
1353 Statutes, is amended to read:
1354 616.05 Amendment of charter.—A fair association may
1355 propose an amendment to its charter by resolution as provided in
1356 its charter or bylaws.
1357 (2) After the department approves the proposed amendment,
1358 it will be incorporated into the original charter upon:
1359 (a) Publication of notice in the same manner as provided
1360 in s. 616.03;
1361 (b) Filing the order of the circuit judge approving the
1362 amendment with the office of the clerk of the circuit court and
1363 the department; and
1364 (b)(c) Being recorded in the clerk's office.
1365
1366 If a fair association has filed its charter with the Department
1367 of State pursuant to chapter 617, a copy of any amendment to the
1368 charter must be filed with the Department of State for notice
1369 purposes.
1370 Section 40. Section 616.051, Florida Statutes, is amended
1371 to read:
1372 616.051 Dissolving a charter.—
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Bill No. HB 433 (2026)
Amendment No.
1373 (1) A fair association may dissolve its charter by
1374 resolution as provided in its charter or bylaws. The proposal
1375 for dissolving the charter shall be submitted to the department
1376 for approval.
1377 (2) Upon approval by the department and upon presentation
1378 of sufficient evidence demonstrating and publication of notice
1379 and proof that all indebtedness has been paid and no claims are
1380 outstanding against the association, the circuit judge may, by
1381 decree, dissolve the association and order the distribution of
1382 its remaining assets. Such assets must be distributed, by
1383 resolution of the board of directors, to the county in which the
1384 principal office of the association is located unless otherwise
1385 specified by the deed of the property held by the association
1386 its remaining public funds to be distributed as recommended by
1387 the board of directors.
1388 Section 41. Subsection (3) of section 616.07, Florida
1389 Statutes, is amended, and subsections (1) and (2) of that
1390 section are republished, to read:
1391 616.07 Members not personally liable; property of
1392 association held in trust; exempt from taxation.—
1393 (1) A member, officer, director, or trustee of a fair
1394 association is not personally liable for any of the debts of the
1395 association, and money or property of a fair association may not
1396 be distributed as profits or dividends among its members,
1397 officers, directors, or trustees.
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Amendment No.
1398 (2) All money and property of the association, except that
1399 necessary for the payment of its just debts and liabilities, are
1400 public property, shall be administered by the association as
1401 trustee, and shall be used exclusively for the legitimate
1402 purpose of the association. So long as they are used for that
1403 purpose, all money and property of the association are exempt
1404 from all forms of taxation, including special assessments, and
1405 any projects, activities, events, programs, and uses authorized
1406 by this part serve an essential governmental purpose and,
1407 therefore, are not taxable and are not subject to assessments.
1408 This subsection does not apply to chapter 212.
1409 (3) Upon order of the circuit judge, any public funds or
1410 property remaining in a fair association when the association is
1411 dissolved shall be distributed by resolution of the board of
1412 directors to any county or any municipality within the county.
1413 The board may designate in the distribution resolution the
1414 public project that will benefit from the funds or the manner in
1415 which the property will be used. If property has been
1416 contributed by a municipality or county, the property shall be
1417 reconveyed to the municipality or county that gave the property
1418 to the association.
1419 Section 42. Section 616.101, Florida Statutes, is amended
1420 to read:
1421 616.101 Annual review of accounts and records; review of
1422 charter.—
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Amendment No.
1423 (1) The accounts and records of a every fair association
1424 whose annual public fair has an annual attendance of more than
1425 25,000, based upon recorded attendance from the previous year,
1426 must shall be reviewed annually by a qualified accountant
1427 licensed by the state. A fair association whose annual public
1428 fair has an annual attendance of 25,000 or fewer, based upon
1429 recorded attendance from the previous year, or a fair
1430 association that is holding an annual public fair for the first
1431 time, must submit an annual financial statement that has been
1432 signed by an officer of the county. The results of the reviews
1433 must shall be kept in the official records of each association,
1434 available to all directors of the association. A certified copy
1435 of the review must shall be filed with the department:
1436 (a)(1) On request by the department to certify
1437 expenditures of the premiums awarded to exhibitors of a fair or
1438 of building funds if when there is evidence of a violation of
1439 state laws; or
1440 (b)(2) When the association is applying for a fair permit.
1441 (2) A fair association shall, every 5 years beginning July
1442 1, 2026, review its charter and submit to the department a
1443 certified copy of the charter which incorporates any amendment
1444 made during the last 5 years. A designated member of the
1445 association shall attest that the charter is accurate and
1446 factual when submitting the certified copy to the department.
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Amendment No.
1447 Section 43. Section 616.15, Florida Statutes, is amended
1448 to read:
1449 616.15 Permit from Department of Agriculture and Consumer
1450 Services required.—
1451 (1) An annual public fair may not be conducted by a fair
1452 association without a permit issued by the department. The
1453 association shall present to the department an application for a
1454 permit, signed by an officer of the association, at least 90
1455 calendar days 3 months before holding the annual public fair.
1456 The application must shall be accompanied by a fee in an amount
1457 to be determined by the department for processing the
1458 application and making any required investigation. The
1459 application fee must be at least $183 and may not exceed $366.
1460 Fees collected under this subsection shall be deposited in the
1461 General Inspection Trust Fund of the State Treasury in a special
1462 account to be known as the "Agricultural and Livestock Fair
1463 Account." A copy of the application must be sent to each fair
1464 association located within 50 miles of the site of the proposed
1465 annual public fair at the same time the application is sent to
1466 the department. The department may issue a permit if the
1467 applicant provides:
1468 (a) The opening and closing dates of the proposed annual
1469 public fair.
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Amendment No.
1470 (b) The name and address of the owner of the central
1471 amusement attraction that will operate during the annual public
1472 fair.
1473 (c) An affidavit properly executed by the president or
1474 chief executive officer of the applicant association certifying
1475 the existence of a binding contract entered into by the
1476 association and the owner of the central amusement attraction
1477 covering the period for which the permit from the department is
1478 applied. The contract between the parties must shall be
1479 available for inspection by duly authorized agents of the
1480 department in administering this chapter.
1481 (d) A copy of the association's charter which incorporates
1482 all amendments made A written statement that the main purpose of
1483 the association is to conduct and operate a public fair and
1484 exposition, including the annual fair, for the benefit and
1485 development of the educational, agricultural, horticultural,
1486 livestock, charitable, historical, civic, cultural, scientific,
1487 and other resources of the geographical area the fair
1488 association represents and serves. The statement must be
1489 subscribed and acknowledged by an officer of the association
1490 before an officer authorized to take acknowledgments.
1491 (e) A premium list of the current annual public fair to be
1492 conducted and or a copy of the previous year's premium list
1493 showing all premiums and awards to be offered to exhibitors in
1494 various departments of the annual public fair, which may
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Amendment No.
1495 include, but are not limited to, art exhibition;, beef cattle;,
1496 county exhibits;, dairy cattle;, horticulture;, swine;, women's
1497 department, 4-H Club activities;, Future Farmers of America
1498 activities;, Family, Career and Community Leaders of America
1499 Future Homemakers of America activities;, poultry and egg
1500 exhibits;, and community exhibits. The premium list, which may
1501 be submitted separately from the application, must be submitted
1502 at least 60 calendar days before the annual public fair begins
1503 operation.
1504 (f) A complete listing of all exhibits required pursuant
1505 to s. 616.17 Proof of liability insurance insuring the
1506 association against liability for injury to persons, in an
1507 amount of not less than $300,000 per occurrence.
1508 (g) A copy of the most recent review.
1509 (h) A list of all current members of the board of
1510 directors of the association and their contact information,
1511 including home address.
1512
1513 The department shall issue the permit within 10 calendar days
1514 after it receives all the information required by this
1515 subsection and the applicant qualifies pursuant to this section.
1516 (2) At least 21 calendar days before holding the annual
1517 public fair, the association shall present the department with
1518 all of the following information:
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Amendment No.
1519 (a) Proof of liability insurance insuring the association
1520 against liability for injury to persons, in an amount not less
1521 than $300,000 per occurrence.
1522 (b) A copy of the association's most recent annual
1523 financial statement pursuant to s. 616.101.
1524 (c) A list of all current members of the board of
1525 directors of the association and their contact information,
1526 including mailing addresses.
1527 (3)(2) The department shall administer and enforce the
1528 provisions of this chapter except as to the regulation of games,
1529 which shall be regulated by local law enforcement agencies. The
1530 department shall adopt rules to administer this chapter,
1531 including rules governing the form and contents of the
1532 application for the permit and any reports that it deems may
1533 deem necessary in enforcing the provisions of this chapter.
1534 (4)(3) Notwithstanding any fair association meeting the
1535 requirements set forth in subsection (1), the department may
1536 order a full investigation to determine if the fair association
1537 meets the requirements of this part s. 616.01, and may withhold
1538 a permit from, deny a permit to, or withdraw a permit once
1539 issued to the association. The department shall also consider
1540 whether any proposed annual public fair, as set forth in an
1541 application for a permit, will compete with another annual
1542 public fair within 50 miles of the proposed annual public fair
1543 with respect to name, dates of operation, or market. The
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Amendment No.
1544 department may deny, withhold, or withdraw a permit from a fair
1545 association if the department determines that such fair
1546 association will compete with another association. The
1547 department shall give preference to existing fair associations
1548 with established dates, locations, and names. The determination
1549 by the department is final.
1550 Section 44. Section 616.251, Florida Statutes, is amended
1551 to read:
1552 616.251 Florida State Fair Authority; creation;
1553 responsibility for staging annual state fair; exemptions.—
1554 (1) There is created and constituted the "Florida State
1555 Fair Authority," a public body corporate and politic, for the
1556 purposes and with the powers set forth in this part. Such
1557 instrumentality, hereinafter referred to as "the authority,"
1558 shall have perpetual succession. For the purposes of
1559 implementing the intent of this part, the authority shall be
1560 considered an instrumentality of the state, subject to the
1561 jurisdiction of the state. Any conflict with respect to that
1562 jurisdiction will be resolved by the authority and respective
1563 state agencies.
1564 (2) The authority shall operate under the supervision of
1565 the Commissioner of Agriculture, which supervision may include,
1566 but is not limited to, assisting, advising, and making
1567 recommendations regarding the financing and operation of the
1568 authority. In assisting and advising the authority, the
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Amendment No.
1569 Commissioner of Agriculture may make appropriate staff of the
1570 department available to the authority.
1571 (3) The authority is charged with the responsibility of
1572 staging an annual fair to serve the entire state. Cash premiums
1573 or awards may be given to exhibitors.
1574 (4) The authority shall be exempt from the requirements of
1575 Part I of this chapter.
1576 (5)(4) The principal offices of the authority shall be in
1577 such place or places in or near the City of Tampa as the
1578 authority may from time to time designate.
1579 Section 45. Paragraph (b) of subsection (2) of section
1580 624.4032, Florida Statutes, is amended to read:
1581 (2) For purposes of this section, the term “nonprofit
1582 agricultural organization” means an organization that meets all
1583 of the following criteria:
1584 (b) Is exempt from federal income tax under s. 501(c)(5) s.
1585 501(c)(3) of the Internal Revenue Code.
1586 Section 46. Subsection (1) of section 843.085, Florida
1587 Statutes, is amended, and subsection (5) of that section is
1588 republished, to read:
1589 843.085 Unlawful use of badges or other indicia of
1590 authority.—
1591 (1) It is unlawful for any person, unless appointed by the
1592 Governor pursuant to chapter 354, authorized by the appropriate
1593 agency, or displayed in a closed or mounted case as a collection
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Amendment No.
1594 or exhibit, to wear or display any authorized indicia of
1595 authority, including any badge, insignia, emblem, identification
1596 card, or uniform, or any colorable imitation thereof, of any
1597 federal, state, county, or municipal law enforcement agency, or
1598 other criminal justice agency as defined in s. 943.045, with the
1599 intent to mislead or cause another person to believe that he or
1600 she is a member of that agency or is authorized to display or
1601 wear such item, or to wear or display any item that displays in
1602 any manner or combination the word or words "police,"
1603 "patrolman," "patrolwoman," "agent," "sheriff," "deputy,"
1604 "trooper," "highway patrol," "commission officer," "Wildlife
1605 Officer," "Department of Environmental Protection officer,"
1606 "Marine Patrol Officer," "state attorney," "public defender,"
1607 "marshal," "constable," "bailiff," or "fire department,"
1608 "concealed weapon permit," or "concealed weapon permitholder"
1609 with the intent to mislead or cause another person to believe
1610 that he or she is a member of that agency, if applicable, or is
1611 authorized to wear or display such item.
1612 (5) A violation of this section is a misdemeanor of the
1613 first degree, punishable as provided in s. 775.082 or s.
1614 775.083. This section is cumulative to any law now in force in
1615 the state.
1616 Section 47. Section 865.065, Florida Statutes, is amended
1617 to read:
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Amendment No.
1618 865.065 Disparagement of perishable agricultural food
1619 products; cause of action; limitation.—
1620 (1) The Legislature finds, determines, and declares that
1621 the production of agricultural food products constitutes an
1622 important and significant portion of the state economy and that
1623 it is imperative to protect the vitality of the agricultural
1624 economy for the citizens of this state by providing a cause of
1625 action for agricultural producers to recover damages for the
1626 disparagement of any perishable agricultural product.
1627 (2) For purposes of this section, the term:
1628 (a)(b) "Perishable Agricultural food product" means any
1629 agricultural or aquacultural food product or commodity grown or
1630 produced within this the state for a commercial purpose. The
1631 term also includes any agricultural practices used in the
1632 production of such products of Florida which is sold or
1633 distributed in a form that will perish or decay within a
1634 reasonable period of time.
1635 (b)(a) "Disparagement" means the willful or malicious
1636 dissemination to the public in any manner of any false
1637 information that a perishable agricultural food product is not
1638 safe for human consumption. False information is that
1639 information which is not based on reliable, scientific facts and
1640 reliable, scientific data which the disseminator knows or should
1641 have known to be false.
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Amendment No.
1642 (c) "Producer" means the person who actually grows or
1643 produces perishable agricultural food products.
1644 (3) Any producer or any association representing producers
1645 of perishable agricultural food products which suffers damages
1646 as a result of another person's disparagement of any such
1647 perishable agricultural food product may bring an action for
1648 damages and for any other relief a court of competent
1649 jurisdiction deems appropriate, including, but not limited to,
1650 compensatory and punitive damages, reasonable attorney fees, and
1651 costs of the action.
1652 (4) The statute of limitations for disparagement of
1653 perishable agricultural food products is 2 years from the date
1654 the disparagement occurs.
1655 Section 48. Subsection (27) is added to section 934.02,
1656 Florida Statutes, to read:
1657 934.02 Definitions.—As used in this chapter:
1658 (27) "Signal jamming device" means a device or process,
1659 such as a phone jammer, global positioning systems blocker, or
1660 other similar device designed to intentionally block, jam, or
1661 interfere with radio communications, such as cellular and
1662 personal communication services, police radar, or global
1663 positioning systems.
1664 Section 49. Section 934.51, Florida Statutes, is created
1665 to read:
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Amendment No.
1666 934.51 Possession, use, and sale of signal jamming device;
1667 prohibition; exceptions; penalties.—
1668 (1) PROHIBITION.—It is unlawful to possess, manufacture,
1669 hold or offer for sale, sell, import, distribute, or use a
1670 signal jamming device in this state.
1671 (2) EXCEPTIONS.—This section does not apply to a federal
1672 or military law enforcement agency that lawfully installs,
1673 places, or uses a signal jamming device as part of a criminal
1674 investigation, or to any person duly authorized by the Federal
1675 Communications Commission.
1676 (3) PENALTIES.—A person who violates this section commits
1677 a misdemeanor of the first degree, punishable as provided in s.
1678 775.082 or s. 775.083.
1679 Section 50. Paragraph (a) of subsection (4) and subsection
1680 (6) of section 288.1175, Florida Statutes, are amended to read:
1681 288.1175 Agriculture education and promotion facility.—
1682 (4) The Department of Agriculture and Consumer Services
1683 shall certify a facility as an agriculture education and
1684 promotion facility if the Department of Agriculture and Consumer
1685 Services determines that:
1686 (a) The applicant is a unit of local government as defined
1687 in s. 218.369, or a fair association as defined in s. 616.001(8)
1688 s. 616.001(11), which is responsible for the planning, design,
1689 permitting, construction, renovation, management, and operation
1690 of the agriculture education and promotion facility or holds
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 433 (2026)
Amendment No.
1691 title to the property on which such facility is to be developed
1692 and located.
1693 (6) Funds may not be expended to develop or subsidize
1694 privately owned facilities, except for facilities owned by fair
1695 associations as defined in s. 616.001(8) s. 616.001(11).
1696 Section 51. For the purpose of incorporating the amendment
1697 made by this act to section 287.1351, Florida Statutes, in a
1698 reference thereto, subsection (4) of section 287.056, Florida
1699 Statutes, is reenacted to read:
1700 287.056 Purchases from purchasing agreements and state
1701 term contracts; vendor disqualification.—
1702 (4) A firm or individual placed on the suspended vendor
1703 list pursuant to s. 287.1351 or placed on a disqualified vendor
1704 list pursuant to s. 287.133 or s. 287.134 is immediately
1705 disqualified from state term contract eligibility.
1706 Section 52. For the purpose of incorporating the amendment
1707 made by this act to section 287.1351, Florida Statutes, in a
1708 reference thereto, subsection (5) of section 287.138, Florida
1709 Statutes, is reenacted to read:
1710 287.138 Contracting with entities of foreign countries of
1711 concern prohibited.—
1712 (5) The Attorney General may bring a civil action in any
1713 court of competent jurisdiction against an entity that violates
1714 this section. Violations of this section may result in:
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Bill No. HB 433 (2026)
Amendment No.
1715 (a) A civil penalty equal to twice the amount of the
1716 contract for which the entity submitted a bid or proposal for,
1717 replied to, or entered into;
1718 (b) Ineligibility to enter into, renew, or extend any
1719 contract, including any grant agreements, with any governmental
1720 entity for up to 5 years;
1721 (c) Ineligibility to receive or renew any license,
1722 certification, or credential issued by a governmental entity for
1723 up to 5 years; and
1724 (d) Placement on the suspended vendor list pursuant to s.
1725 287.1351.
1726 Section 53. For the purpose of incorporating the amendment
1727 made by this act to section 500.04, Florida Statutes, in a
1728 reference thereto, subsection (1) of section 500.177, Florida
1729 Statutes, is reenacted to read:
1730 500.177 Penalty for violation of s. 500.04; dissemination
1731 of false advertisement.—
1732 (1) Any person who violates any provision of s. 500.04 is
1733 guilty of a misdemeanor of the second degree, punishable as
1734 provided in s. 775.082 or s. 775.083; but, if the violation is
1735 committed after a conviction of such person under this section
1736 has become final, such person is guilty of a misdemeanor of the
1737 first degree, punishable as provided in s. 775.082 or s.
1738 775.083.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 433 (2026)
Amendment No.
1739 Section 54. For the purpose of incorporating the amendment
1740 made by this act to section 616.07, Florida Statutes, in a
1741 reference thereto, subsection (13) of section 212.08, Florida
1742 Statutes, is reenacted to read:
1743 212.08 Sales, rental, use, consumption, distribution, and
1744 storage tax; specified exemptions.—The sale at retail, the
1745 rental, the use, the consumption, the distribution, and the
1746 storage to be used or consumed in this state of the following
1747 are hereby specifically exempt from the tax imposed by this
1748 chapter.
1749 (13) LIMITATIONS ON EXEMPTIONS.—No transactions shall be
1750 exempt from the tax imposed by this chapter except those
1751 expressly exempted herein. All laws granting tax exemptions, to
1752 the extent they may be inconsistent or in conflict with this
1753 chapter, including, but not limited to, the following designated
1754 laws, shall yield to and be superseded by the provisions of this
1755 subsection: ss. 125.019, 153.76, 154.2331, 159.15, 159.31,
1756 159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 315.11,
1757 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09, and the
1758 following Laws of Florida, acts of the year indicated: s. 31,
1759 chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12, chapter
1760 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter 31263,
1761 1955; s. 13, chapter 31343, 1955; s. 16, chapter 59-1653; s. 13,
1762 chapter 59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754;
1763 s. 10, chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 433 (2026)
Amendment No.
1764 65-1274; s. 16, chapter 67-1446; and s. 10, chapter 67-1681.
1765 This subsection does not supersede the authority of a local
1766 government to adopt financial and local government incentives
1767 pursuant to s. 163.2517.
1768 Section 55. For the purpose of incorporating the amendment
1769 made by this act to section 616.15, Florida Statutes, in a
1770 reference thereto, section 616.185, Florida Statutes, is
1771 reenacted to read:
1772 616.185 Trespass upon grounds or facilities of public
1773 fair; penalty; arrests.—
1774 (1) For the purposes of this chapter, trespass upon the
1775 grounds of the Florida State Fair Authority or any other fair
1776 association permitted under s. 616.15 means:
1777 (a) Entering and remaining upon any grounds or facilities
1778 owned, operated, or controlled by the Florida State Fair
1779 Authority or any other association permitted under s. 616.15 and
1780 committing any act that disrupts the orderly conduct of any
1781 authorized activity of the fair association in charge, or its
1782 lessees, licensees, or the general public on those grounds or
1783 facilities; or
1784 (b) Entering and remaining on those grounds or facilities
1785 after being directed not to enter or to leave them by the
1786 executive director of the authority, chief administrative
1787 officer of the fair association, or any employee or agent of the
1788 association designated by the executive director or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 433 (2026)
Amendment No.
1789 administrator to maintain order on those grounds and facilities,
1790 after a determination by the executive director, administrator,
1791 employee, or agent that the entering or remaining on those
1792 grounds or facilities is in violation of the rules and
1793 regulations of the Florida State Fair Authority or permitted
1794 fair association or is disrupting the orderly conduct of any
1795 authorized activity of the fair association in charge, or its
1796 lessees, licensees, or the general public on those grounds or
1797 facilities.
1798 (2) Any person committing the offense of trespass upon the
1799 grounds of the Florida State Fair Authority or any other fair
1800 association permitted under s. 616.15 commits a misdemeanor of
1801 the second degree, punishable as provided in s. 775.082 or s.
1802 775.083.
1803 (3) A law enforcement officer may arrest any person on or
1804 off the premises, without a warrant, if the officer has probable
1805 cause for believing such person has committed the offense of
1806 trespass upon the grounds of the Florida State Fair Authority or
1807 any fair association permitted under s. 616.15. Such an arrest
1808 does not render the law enforcement officer criminally or
1809 civilly liable for false arrest, false imprisonment, or unlawful
1810 detention.
1811 Section 56. This act shall take effect July 1, 2026.
1812
1813 -----------------------------------------------------
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Bill No. HB 433 (2026)
Amendment No.
1814 T I T L E A M E N D M E N T
1815 Remove lines 3-173 and insert:
1816 Consumer Services; creating s. 125.489, F.S.; defining
1817 the terms "gasoline-powered farm equipment" and
1818 "gasoline-powered landscape equipment"; prohibiting
1819 counties from enacting or enforcing any law that
1820 restricts or prohibits the use of gasoline-powered
1821 farm equipment or gasoline-powered landscape equipment
1822 or that distinguishes such equipment from any other
1823 equipment under certain circumstances; providing
1824 construction; amending s. 163.3164, F.S.; defining the
1825 terms "ecologically significant parcel" and "low-
1826 density municipality"; amending s. 163.3202, F.S.;
1827 prohibiting an application for a development on an
1828 ecologically significant parcel in a low-density
1829 municipality from being administratively approved
1830 without an attestation provided by the developer;
1831 specifying requirements for such attestation;
1832 providing applicability; specifying requirements for
1833 the attestation included in certain applications;
1834 providing for a waiver; creating s. 166.063, F.S.;
1835 defining the terms "gasoline-powered farm equipment"
1836 and "gasoline-powered landscape equipment";
1837 prohibiting municipalities from enacting or enforcing
1838 any law that restricts or prohibits the use of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 433 (2026)
Amendment No.
1839 gasoline-powered farm equipment or gasoline-powered
1840 landscape equipment or that distinguishes such
1841 equipment from any other equipment under certain
1842 circumstances; providing construction; amending s.
1843 212.055, F.S.; conforming a cross-reference; making a
1844 technical change; amending s. 253.0341, F.S.;
1845 requiring the Acquisition and Restoration Council to
1846 determine whether certain surplused lands are suitable
1847 for bona fide agricultural purposes; prohibiting a
1848 local governmental entity from transferring future
1849 development rights for certain surplused lands
1850 determined to be suitable for bona fide agricultural
1851 purposes; requiring the Department of Environmental
1852 Protection, in coordination with the Department of
1853 Agriculture and Consumer Services, to determine
1854 whether specified state-owned conservation lands are
1855 suitable for bona fide agricultural purposes;
1856 authorizing the Department of Environmental Protection
1857 to surplus state-owned lands determined to be suitable
1858 for bona fide agricultural purposes; requiring the
1859 Department of Environmental Protection to retain a
1860 rural-lands-protection easement for such surplused
1861 lands; requiring that all proceeds from the sale of
1862 such surplused lands be deposited in the Department of
1863 Agriculture and Consumer Service's Incidental Trust
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Bill No. HB 433 (2026)
Amendment No.
1864 Fund for less than fee simple; requiring the
1865 Department of Environmental Protection to annually
1866 provide a report of such surplused lands to the Board
1867 of Trustees of the Internal Improvement Trust Fund;
1868 prohibiting certain lands from being surplused;
1869 amending s. 259.1053, F.S.; deleting provisions
1870 relating to the Babcock Ranch Advisory Group; amending
1871 s. 287.1351, F.S.; revising circumstances under which
1872 a vendor is prohibited from submitting a bid,
1873 proposal, or reply to an agency or from entering into
1874 or renewing any contract to provide goods or services
1875 to an agency; amending s. 322.12, F.S.; providing
1876 penalties for an applicant for a commercial driver
1877 license who receives unauthorized assistance on
1878 certain portions of the examination; amending s.
1879 322.36, F.S.; prohibiting a person from knowingly or
1880 willfully providing unauthorized assistance to an
1881 applicant for the examination required to hold a
1882 commercial driver license; repealing ss. 377.71,
1883 377.711, and 377.712, F.S., relating to definitions
1884 and the Southern States Energy Compact, Florida as
1885 party to the Southern States Energy Compact, and
1886 Florida's participation in the Southern States Energy
1887 Board, respectively; amending s. 403.0855, F.S.;
1888 deleting provisions relating to legislative approval
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Bill No. HB 433 (2026)
Amendment No.
1889 of certain rules adopted by the Department of
1890 Environmental Protection; revising requirements for
1891 permittees of biosolids land application sites;
1892 deleting an obsolete provision; amending s. 482.071,
1893 F.S.; requiring certain persons applying for a pest
1894 control business license or renewal to provide the
1895 department with a certificate of insurance; specifying
1896 requirements for such certificate of insurance;
1897 amending s. 482.161, F.S.; revising the severity of an
1898 administrative fine for violations of certain
1899 provisions; amending s. 482.165, F.S.; revising civil
1900 penalties; amending s. 489.105, F.S.; defining the
1901 terms "subcontractor" and "supplier"; creating s.
1902 489.1295, F.S.; prohibiting licensed contractors or
1903 persons holding themselves out as such from failing to
1904 pay their subcontractor or supplier within a specified
1905 timeframe without reasonable cause after receiving
1906 payment for the services the subcontractor or supplier
1907 performed; providing penalties; amending s. 500.04,
1908 F.S.; revising the list of prohibited acts related to
1909 the prevention of fraud, harm, adulteration,
1910 misbranding, or false advertising in the preparation,
1911 production, manufacture, storage, or sale of food;
1912 repealing s. 500.81, F.S., relating to the Healthy
1913 Food Financing Initiative; amending s. 500.93, F.S.;
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Bill No. HB 433 (2026)
Amendment No.
1914 making a technical change; amending s. 501.013, F.S.;
1915 authorizing the Department of Agriculture and Consumer
1916 Services to provide an exemption from certain health
1917 studio regulations; creating s. 501.062, F.S.;
1918 providing legislative intent; defining the terms
1919 "commercial solicitation" and "dwelling"; prohibiting
1920 a person from engaging in commercial solicitation
1921 under certain circumstances; providing construction;
1922 providing penalties; amending s. 570.07, F.S.;
1923 authorizing the Department of Agriculture and Consumer
1924 Services to reorganize departmental units upon the
1925 approval of the Commissioner of Agriculture; amending
1926 s. 570.822, F.S.; providing additional eligibility
1927 requirements for the Agriculture and Aquaculture
1928 Producers Emergency Recovery Loan Program; creating s.
1929 570.832, F.S.; requiring the Florida Wildflower
1930 Foundation, in coordination with the Department of
1931 Agriculture and Consumer Services, to establish the
1932 Florida Native Seed Research and Marketing Program,
1933 subject to legislative appropriation; providing the
1934 purpose of the program; creating s. 570.846, F.S.;
1935 establishing the Food Animal Veterinary Medicine Loan
1936 Repayment Program; providing the purpose of the
1937 program; providing definitions; providing eligibility
1938 requirements for the program; authorizing the
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Bill No. HB 433 (2026)
Amendment No.
1939 Department of Agriculture and Consumer Services to
1940 make loan principal repayments on behalf of eligible
1941 candidates up to a certain amount for a specified
1942 timeframe, subject to legislative appropriation;
1943 providing construction; authorizing the Department of
1944 Agriculture and Consumer Services to adopt rules;
1945 amending s. 570.85, F.S.; prohibiting a local
1946 government from requiring a property owner to obtain a
1947 rural event venue permit or license; amending s.
1948 570.86, F.S.; defining "rural event venue"; amending
1949 s. 583.01, F.S.; revising the definition of the term
1950 "dealer"; amending s. 590.02, F.S.; revising the
1951 Florida Forest Service powers, authority, and duties;
1952 authorizing the Forest Service to manage the Welaka
1953 Training Center; conforming provisions to changes made
1954 by the act; authorizing the Withlacoochee or Welaka
1955 Training Centers to assess certain fees as determined
1956 by the Florida Forest Service, regardless of where
1957 certain training occurs; creating s. 595.421, F.S.;
1958 establishing the Farmers Feeding Florida Program for
1959 specified purposes; requiring Feeding Florida to take
1960 certain actions to implement the program; prohibiting
1961 the food purchased by Feeding Florida through such
1962 program from re-entering the wholesale, retail, or
1963 secondary market; prohibiting a candidate for elective
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 433 (2026)
Amendment No.
1964 office from hosting a food distribution event under
1965 certain circumstances; providing nonapplicability;
1966 amending s. 597.004, F.S.; prohibiting the Department
1967 of Agriculture and Consumer Services from renewing a
1968 certificate of registration for a noncompliant
1969 facility unless certain documentation is provided with
1970 the renewal application; prohibiting entities whose
1971 certificate of registration has been revoked from
1972 reapplying for a specified period of time; amending s.
1973 597.010, F.S.; authorizing, rather than requiring, the
1974 periodic adjustment of the annual rental fee charged
1975 for certain leases; amending s. 599.012, F.S.; making
1976 technical changes; amending s. 616.001, F.S.; revising
1977 and deleting definitions relating to public fairs and
1978 expositions; amending s. 616.01, F.S.; revising
1979 application requirements for a proposed charter for an
1980 association to conduct a public fair or exposition;
1981 requiring the Department of Agriculture and Consumer
1982 Services to provide an applicant for a proposed
1983 charter with specified information upon the denial of
1984 a proposed charter; revising requirements for
1985 information that must be included in the proposed
1986 charter; amending s. 616.02, F.S.; limiting the number
1987 of incorporated state fair associations per county;
1988 providing construction; authorizing the Department of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 433 (2026)
Amendment No.
1989 Agriculture and Consumer Services to waive certain
1990 requirements at the discretion of the commissioner;
1991 authorizing fair associations incorporated before a
1992 certain date to conduct their affairs; deleting
1993 provisions relating to requirements for a proposed
1994 charter; amending s. 616.03, F.S.; revising
1995 requirements for the approval and recordation of the
1996 charter; amending s. 616.05, F.S.; revising the
1997 process by which a proposed charter amendment is
1998 incorporated into the original charter; amending s.
1999 616.051, F.S.; revising the circumstances under which
2000 a circuit judge is authorized to dissolve an
2001 association and order the distribution of its
2002 remaining assets; requiring that such assets be
2003 distributed to certain counties; s. 616.07, F.S.;
2004 deleting provisions relating to distribution of public
2005 funds after the dissolution of an association;
2006 amending s. 616.101, F.S.; specifying the basis for
2007 annual public fair attendance records; requiring a
2008 fair association to review its charter every 5 years
2009 and submit an updated copy of the charter to the
2010 Department of Agriculture and Consumer Services;
2011 requiring a designated member of the association to
2012 make an attestation; amending s. 616.15, F.S.;
2013 revising the information that an applicant must submit
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 433 (2026)
Amendment No.
2014 to the Department of Agriculture and Consumer Services
2015 for the department to issue a permit for an
2016 association to conduct a fair; revising the timeframe
2017 within which the Department of Agriculture and
2018 Consumer Services is required to issue the permit upon
2019 the receipt of specified information; amending s.
2020 616.251, F.S.; exempting the Florida State Fair
2021 Authority from specified provisions; amending s.
2022 843.085, F.S.; prohibiting a person from wearing or
2023 displaying an item that displays the words "concealed
2024 weapon permit" or "concealed weapon permit holder"
2025 with the intent to mislead another to believe that the
2026 person is authorized to wear or display such item;
2027 amending s. 624.4032, F.S.; amending a definition;
2028 amending s.
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HB 543
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 543 COMPANION BILL: SB 1274 (DiCeglie)
TITLE: Transportation LINKED BILLS: None
SPONSOR(S): McFarland RELATED BILLS: None
Committee References
Commerce Ways & Means Budget State Affairs
SUMMARY
Effect of the Bill:
The bill addresses several matters related to state transportation policy, including:
Yellow light intervals;
Traffic signal modernization funding;
Digital driver licenses and identification;
Uses of automated license plate readers by private entities;
Florida Department of Transportation contracting;
Motor vehicle exhaust systems and noise limits;
Definitions and regulation of micromobility devices, off-highway vehicles, and electric bicycles;
Titling and registering golf carts converted to low-speed vehicles;
Seaport uses; and
Motor fuel use taxes.
Fiscal or Economic Impact:
The bill appears to have a negative impact on state government expenditures.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill addresses several matters related to state transportation policy.
Traffic Signals
Yellow Light Intervals
The bill requires the Florida Department of Transportation (FDOT) to increase the minimum perception reaction
time of all steady yellow traffic signals in the state by 0.4 seconds. (Section 1)
Traffic Signal Modernization
The bill requires FDOT to implement a “Next-generation Traffic Signal Modernization Grant Program” for the
purpose of assisting counties and municipalities in upgrading eligible signalized intersections with certain updated
technology. The program replaces the Next-generation Traffic Signal Modernization Program created by the
Legislature in 2025.1 The bill provides legislative findings regarding the importance of modern signal controls that
implement updated technology for the benefit of the state’s economic and public safety. (Section 20)
1 See Ch. 2025-149, Laws of Fla., codified at s. 339.85, F.S.
STORAGE NAME: h0543.COM
DATE: 1/16/2026
1
HB 543
The bill requires FDOT to implement a state-local partnership through a cost-sharing arrangement and authorizes
FDOT to fund up to 80% of eligible costs for first-year pilot corridors and up to 50% of ensuing year research,
development, and installation. The bill provides that ongoing maintenance after signal modernization is the
responsibility of the local government and the vendor. The bill also allows FDOT to waive any local match
requirement for state-owned or state-operated intersections. (Section 20).
The bill requires FDOT to prioritize grant applications for intersections at which a signal modernization will
measurably:
Reduce average control delay and corridor travel times.
Improve surrogate safety measures and support emergency vehicle preemption.
Provide transit signal priority and multimodal benefits to pedestrians and cyclists.
The bill requires FDOT to use competitive procurement to find vendors that comply with leading cybersecurity
standards to ensure robust data protection. (Section 20)
The bill provides that the grant program must:
Require open, interoperable, and secure systems that avoid “vendor lock in” and protect cybersecurity.
Ensure data transparency through standardized performance dashboards and annual public reports
demonstrating benefits relative to cost.
Coordinate with metropolitan planning organizations, regional traffic management centers, and law
enforcement, fire rescue, and transit agencies to maximize systemwide benefits.
Encourage use of state-based pilot programs, sandboxes, and independent evaluations to validate
performance before large-scale rollout.
Support workforce development and local operations staff training so upgrades remain effective over the
life of the equipment. (Section 20)
The bill requires that, beginning in fiscal year 2026-2027, $20 million will be appropriated annually from the State
Transportation Trust Fund to FDOT to fund the Next-generation Traffic Signal Modernization Grant Program.
(Section 20)
Driver and Vehicle Data Privacy
Digital Driver Licenses and Identification
The bill provides technical requirements related to electronic credentialing systems developed pursuant to a
contract with the Department of Highway Safety and Motor Vehicles (DHSMV) for purposes of establishing an
optional digital proof of driver license or identification card. (Section 17)
The bill requires that electronic credentialing systems must:
Require the explicit consent of the credentialholder2 before performing any communication.
Provide offline cryptographic verification mechanisms that:
o Do not require communication with DHSMV.
o Are fully auditable and interoperable with open standards.
o Preserve the anonymity and unlinkability of transactions unless explicitly waived by the
credentialholder.
Adhere to fair information practice principles,3 including collecting only the minimum data strictly
necessary to fulfill the stated purpose of verification.
Collect data only for a single, clearly defined, and limited purpose that is explicitly communicated to the
credentialholder.
2 The bill defines “credentialholder” to mean “a person who is issued a digital proof of driver license or identification card.”
3 The bill defines “fair information practice principles” to mean “internationally recognized privacy principles, including data
minimization, purpose specification, use limitation, transparency, and strict data retention controls.”
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2
HB 543
Ensure that data is not reused, repurposed, shared, or transmitted beyond the initial purpose without the
explicit consent of the credentialholder.
Securely delete data or render data irreversibly anonymized immediately upon fulfillment of the stated
purpose unless a longer retention period is required by law and narrowly tailored to that legal necessity.
Implement measures to ensure record integrity.4 The electronic credentials must be verified based solely
on the record integrity and without relying on third parties.
Implement verifiable receipt mechanisms that ensure any changes made to electronic credentials are
independently confirmable and auditable by any relying party. (Section 17)
The bill requires that electronic credential verifiers must:
Perform full cryptographic validation of electronic credential authenticity, integrity, and issuer attribution
without requiring online access to external systems, the department's systems, or any state system.
Retain only temporary user-authorized verification data that is strictly necessary for the transaction.
Create written strict data minimization principles that must be provided to a credentialholder upon
request.
Provide a credentialholder with the ability to audit verification requests and control the sharing of
electronic credential attributes. (Section 17)
The bill requires that electronic credentials must:
Be issued as tamper-evident, cryptographically verifiable statements capable of being selectively disclosed.
Contain clear metadata specifying cryptographic material necessary for independent verification.
Be controlled by the credentialholder, who may choose to disclose only the minimum information
necessary for a transaction.
Use a cryptographically derived identifier format that:
o Is capable of secure key rotation, recovery, delegation, and revocation without requiring a
centralized registry or continuous third-party oversight.
o Rotates cryptographic keys without requiring reissuance or reregistration with a central authority.
o Is resolvable to metadata that contains authentication and authorization material without
dependence on a single service endpoint or central registry.
o Implements delegation, recovery, and secure binding to cryptographic keys without requiring
persistent correlatable identifiers across contexts. (Section 17)
The bill authorizes a private entity that scans a digital proof of driver license or identification to store, sell, or share
personal information collected from such scan only if the credentialholder has provided “clear, informed, and
revocable consent” and the private entity’s retention “serves a legally justified, narrowly tailored, and time-limited
purpose.” The bill provides that a private entity that stores, sells, or shares such personal information contrary to
this subsection is subject to suspension of eligibility in DHSMV’s electronic credentialing system and public
disclosure of the private entity’s noncompliance. (Section 17)
The bill provides that courts must afford strict scrutiny to any unnecessary government or commercial
surveillance or remote verification practices that do not comply with the bill. (Section 17)
4 The bill defines “record integrity” to mean “the capability of ensuring historical continuity and verifiability of electronic
credentials by maintaining a tamper-evident, append-only record of digital driver license and identification card issuance,
renewal, replacement, or revocation.”
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3
HB 543
Automated License Plate Readers
The bill provides that a private entity may install an automated license plate recognition system solely for use on
and within the property owned or controlled by the entity and for a public safety-related purpose, subject to the
conditions that the private entity:
May not access motor vehicle registration data generated by the system, except to the extent that such data
cannot reasonably be linked to an identified or identifiable individual.
May not share or sell images or data generated by the system, except to the extent required to respond to a
lawful request from a law enforcement agency.
Must contractually obligate any third party that installs, maintains, or operates the system to protect the
images or data generated by the system from disclosure, including a prohibition on sharing or selling such
images or data, except to the extent required to respond to a lawful request from a law enforcement
agency.
May not offer or provide as payment or other consideration any portion of the proceeds derived from a fine
or charge imposed based on images or data generated by the system to any third party that installs,
maintains, or operates the system. (Section 12)
FDOT Contracting
Payments to Subcontractors
The bill authorizes FDOT to make direct payments to first-tier subcontractors and deduct such amounts otherwise
due the contractor if:
The contractor has not requested payment from FDOT for at least 6 months.
There is a binding, written subcontract between the contractor and the subcontractor, and FDOT is in
possession of a complete copy of the subcontract.
The subcontractor has performed work that is unpaid by the contractor, and FDOT has sufficient
documentation of such unpaid work.
There is no bona fide, documented dispute between the contractor and the subcontractor. (Section 18)
Sureties
The bill requires that sureties engaged by FDOT to perform for a defaulted contractor must meet the same
prequalifications required of the original contracting bid solicitation. Further, the bill requires the surety to follow
the contract’s procedures regarding the completion contractor default and certification of disbursement of
payment to subcontractors. (Section 19)
Vehicle Regulation
Exhaust System Noise Regulation
The bill repeals sections 316.272 and 316.293, F.S., which regulate noise levels produced by motor vehicle exhaust
systems based on specified decibel levels. The bill adds a new provision governing exhaust pipe noise. Under the
bill, the standard for excessive exhaust noise will be whether it is “plainly audible from a distance of 100 feet or
more.” (Sections 14 and 15)
Off-Highway Vehicles
The bill expands the definition of the term “off-highway vehicles” by including “other vehicle[s] with motive power
specifically designed by the manufacturer.” The expanded definition appears to cover e-motos and other
electronically powered vehicles similar to off-highway motorcycles (OHMs), which are two-wheeled vehicles used
off roads or highways excluding tractors, mopeds, or electric bicycles.5 The bill prohibits operation of off-highway
vehicles on public sidewalks. The bill provides that an initial violation of this prohibition is punishable as a moving
violation, while a second or subsequent violation will be punishable as a second-degree misdemeanor. (Sections 8
and 9)
5 S. 261.03(4), F.S.
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Micromobility Devices
The bill narrows the definition of “micromobility device” by removing traditional bicycles and generally limiting
the scope to electric bicycles and motorized scooters. This change has the effect of ensuring that traditional human-
powered bicycles are not subject to local regulations and ordinances governing micromobility devices, including
age limits. (Section 11)
Electric Bicycles
The bill clarifies that an “electric bicycle” is not subject to regulations for traditional motorized vehicles. (Section
11)
Golf Cart Conversions
The bill allows a golf cart that is converted into a low-speed vehicle to be titled and registered for operation on
roads with speed limits not exceeding 35mph without inspection by DHSMV, if the owner of the converted vehicle
submits a written affidavit that the vehicle complies with the requirements of Chapter 316, F.S., for classification as
a low-speed vehicle. (Section 16)
Seaport Operations
The bill provides requirements for seaports that are located in counties with designated spaceport territory and
that use land, facilities, or infrastructure for the purpose of supporting spacecraft launch and recovery operations.
Each such seaport:
Beginning February 1, 2027, must submit to the chair of Space Florida and post on its website an annual
report describing all measures the seaport has taken to support the commercial space launch industry.6
May not convert any planned or existing land, facility, or infrastructure that supports cargo purposes7 to
any alternative purpose unless all of the following conditions are met:
o The governing body of the seaport provides public notice8 at least 30 days before holding a public
meeting on the proposed conversion.
o The governing board of the seaport, at least 30 days before holding a public meeting on the
proposed conversion, prominently posts on the seaport’s website a report estimating the impact of
the conversion on the cargo operations of the seaport.
o The conversion is approved by a two-thirds vote of the governing board of the seaport at a publicly
noticed meeting as a separate item on the agenda and with a reasonable opportunity for public
comment. (Section 10)
Motor Fuel Use Tax
The bill renames the Florida Diesel Fuel and Motor Fuel Use Tax Act of 1981 as the “Florida Motor Fuel Use Tax
Act” and revises the Act to bring it into conformance with the International Fuel Tax Agreement (IFTA). (Sections 2,
3, 4, 5, 6, 7)
As defined in the bill, the IFTA is a “reciprocal agreement among certain states of the United States, provinces of
Canada, and other member jurisdictions which provides for the administration, collection, and enforcement of
taxes on the basis of fuel consumed or distance accrued, or both, in member jurisdictions.” The bill revises existing
definitions in the Act to align them with the IFTA. In particular, the bill replaces the term “commercial motor
vehicle” with the term “qualified motor vehicle” and revises the definition of “motor fuel” to include all forms of
6 The bill defines “commercial space launch industry” to mean “any company substantially engaged in the transport, operation,
and recovery of space launch or landing services with active maritime operations.”
7 The bill defines “cargo purposes” to mean “any facility, activity, property, energy source, or infrastructure asset that is not
intended to facilitate the transport of passengers and includes, but is not limited to, such facilities, activities, properties, energy
sources, or infrastructure assets that support spaceport activities.”
8 The public notice required by the bill must conform to the requirements of s. 50.011, F.S., regarding publication of civil legal
notices.
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fuel used by qualified motor vehicles, including, among other energy sources, hydrogen, natural gas, biodiesel, and
electricity.9 The bill excludes recreational vehicles from the term “qualified motor vehicles.” (Section 3)
The bill requires that DHSMV or its authorized agent to issue fuel tax decals and temporary fuel-use permits for
each qualified motor vehicle. Further, the bill requires that fuel tax decal renewal orders be submitted
electronically through a system set up by DHSMV, beginning October 1, 2026. (Section 4)
The bill changes the filing deadline for motor fuel use taxes from the beginning of designated months to the end of
those months, while extending deadlines falling on holidays or weekends to the next day that is not a holiday or
weekend. (Section 5)
The bill provides that the interest charged for delinquent motor fuel use taxes will be determined in accordance
with the IFTA. The bill provides that anyone who counterfeits or alters fuel tax licenses, fuel tax decals, or
temporary fuel-use permits commits a third-degree felony as provided in Chapter 775, F.S. (Section 6)
The bill provides that a person discontinuing the usage of fuel tax decals must destroy the decals and notify DHSMV
of their destruction. (Section 7)
The bill updates cross-references and makes other conforming changes in accordance with the provisions of the
bill. (Sections 21 to 36)
The bill provides an effective date of July 1, 2026. (Section 37)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill appears to have a negative impact on state government expenditures. The bill appropriates $20 million
annually from the State Transportation Trust Fund for purposes of funding the Next-generation Traffic Signal
Modernization Grant Program created by the bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Transportation (FDOT)
FDOT is an executive agency responsible for providing a safe statewide transportation system that promotes the
efficient movement of people and goods, supports the state’s economic competitiveness, prioritizes Florida’s
environment and natural resources, and preserves the quality of life and connectedness of the state’s
communities.10 Florida law requires FDOT to annually develop and adopt a tentative work program, a five-year
plan to maximize FDOT’s production and service capabilities and to capitalize on the innovative use of resources,
increased productivity, reduced cost, and strengthened organizational effectiveness and efficiency.11 The tentative
work program must be submitted to the Florida Legislature, the Florida Transportation Commission, the
9 The bill defines “motor fuel” to mean “any fuel placed in the fuel supply storage unit of a qualified motor vehicle, including an
alternative fuel such as pure methanol, ethanol, or other alcohol; a blend of 85 percent or more alcohol with gasoline; natural
gas and liquid fuel produced from natural gas; propane; coal-derived liquified fuel; hydrogen; electricity; pure biodiesel
(B100) fuel, other than alcohol, derived from biological materials; P-series fuel; or any other type of fuel or energy used to
propel a qualified motor vehicle.”
10 S. 20.23, F.S.; FDOT, About FDOT, https://www.fdot.gov/agencyresources/aboutfdot.shtm (last visited Jan. 15, 2026).
11 S. 339.135, F.S.; FDOT, Work Program Instructions, FY 26/27 – 30/31, Sep. 5, 2025, Part II, Chapter 1, at page 3, available at
https://fdotewp1.dot.state.fl.us/fmsupportapps/Documents/development/WorkProgramInstructions.pdf (last visited Jan. 15,
2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Department of Commerce, and the Executive Office of the Governor for review.12 On July 1 of each year, the
tentative work program, as conformed to the Legislature’s appropriations act, becomes FDOT’s adopted work
program.13 An adopted work program may be amended in accordance with the certain procedural requirements,
including a comment period for each affected county and municipality, an opportunity for review by legislative
members and substantive committee chairs, and final approval by the Governor.14
FDOT Contracting
FDOT may enter into contracts for the construction and maintenance of all roads on the State Highway System, the
State Park Road System, or any other road under its supervision.15 FDOT may also enter into contracts for the
construction and maintenance of rest areas, weigh stations, and other structures used in connection with such
facilities. However, these contracts do not create third-party beneficiary rights in any person that is not a party to
the contract.16
Driver and Vehicle Data Privacy
Digital Proof of Driver License or Identification
Since 2014, the Department of Highway Safety and Motor Vehicles (DHSMV) has been required to prepare for the
development of a secure and uniform system for issuing an optional digital proof of driver license. DHSMV may
contract with one or more private entities to develop a digital proof of driver license system.17 The digital proof of
driver license must be in such a format as to allow law enforcement to verify the authenticity of the digital proof of
driver license.18 DSHMV has authority to adopt rules to ensure valid authentication of digital driver licenses by law
enforcement.19
Florida law provides that a private entity that scans a digital proof of driver license or identification card may not
store, sell, or share personal information collected from such scanning of the digital proof of driver license or
identification card, except with informed consent of the individual.20
Automated License Plate Recognition Systems
An automatic license plate recognition system (ALPRS) is a system of one or more mobile or fixed high-speed
cameras combined with computer algorithms to convert images of license plates into computer-readable data.21 An
ALPRS scans and captures optical license plate information, and can store the digital image of the license plate, the
time, date, location of the image capture, and the capturing camera information.22 Stored ALPR data does not
include any Personal Identifying Information (PII) of individuals associated with the license plate.23 Obtaining
personal information associated with license plate information requires a separate, legally authorized, inquiry to
another restricted-access database.24
12 Id.
13 Id.
14 S. 339.135(7), F.S.
15 S. 337.11(1), F.S.
16 Id.
17 S. 322.032(2), F.S.
18 S. 322.032(3), F.S.
19 Id.
20 S. 322.032(7), F.S.
21 S. 316.0777, F.S.
22 Criminal and Juvenile Justice Information System, Guidelines for the Use of Automated License Plate Readers, Nov. 13, 2024, at
page 1, available at https://www.fdle.state.fl.us/getContentAsset/dcdfae6a-0ec7-45e8-9112-b21f0d3415bb/73aabf56-e6e5-
4330-95a3-5f2a270a1d2b/CJJIS-Council-ALPR-Guidelines-Revised-Approved-on-11-13-2024.pdf?language=en (last visited
Jan. 15, 2026).
23 Id.
24 Id.
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Historically, ALPRS systems have been used by law enforcement to compare and identify vehicles for law
enforcement purposes such as detection, identification, and recovery of stolen vehicles, wanted persons, missing or
endangered persons, and persons wanted for crimes.25 Florida law provides that records gathered by law
enforcement agencies that contains images and data generated through the use of an ALPRS is subject to the
retention schedule established by the Department of State.26 The retention period for such information is
prescribed by rule and requires license plate recognition records to be retained until obsolete, superseded, or their
administrative value is lost, but for no longer than three years unless retention is otherwise required.27
Florida law provides circumstances in which an ALPRS may be installed within the right-of-way at the request of a
law enforcement agency and for the purpose of collecting active criminal intelligence information or active
criminal investigative information.28 However, an ALPR cannot be used to issue a notice of violation for a traffic
infraction or a uniform traffic citation.29 However, Florida law is silent regarding the use of an ALPRS by private
sector persons.
Some private ALPRS companies compile data into a private database, sometimes in combination with AI-powered
recognition technology, and partner with local governments and law enforcement agencies to install and gain
access to their private database.30 One such company active in Florida, Flock Safety, states on its website that its
customers own the data it collects, and that it never shares data without the consent of the contracting customer.31
Motor Vehicle Registration Data
The Florida Department of Highway Safety and Motor Vehicles (DHSMV) maintains the Driver and Vehicle
Information Database (DAVID), a multifaceted database that affords immediate retrieval of driver and motor
vehicle information.32 Personal information stored in DAVID is protected by the federal Driver’s Privacy Protection
Act (DPPA),33 which restricts access to such records with specified exceptions, such as a law enforcement agency
acting in its official capacity to carry out its duties.34 Certain private entities also meet an exception for specified
purposes, including:
Auto Manufacturers, for recalling vehicles or parts.
Government agencies or private companies, to verify accuracy of personal information.
Towing Companies, to notify owners of towed or impounded vehicles.
Companies such as bus lines, verifying information on their commercial drivers.
Any person or agency that receives written permission from the individual whose information is being
accessed.35
Fair Information Practice Principles
The “Fair Information Practice Principles” (FIPPs) are a collection of widely accepted principles that agencies use
when evaluating information systems, processes, programs, and activities that affect individual privacy.36 FIPPs are
25 Id.
26 S. 316.0778(2), F.S. The Department of State must establish a retention schedule for records containing images and data
generated through the use of an automated license plate recognition system.
27 R. 1B-24.003, F.A.C.
28 S. 316.0777(2)(b), F.S.
29 Id.
30 Jeff Burlow, TPD confirms use of controversial Flock cameras amid commission concerns, Tallahassee Democrat, (Dec. 12,
2025), https://www.tallahassee.com/story/news/local/2025/12/12/tallahassee-police-department-confirms-use-of-flock-
cameras-license-plate-readers/87721042007/ (last visited Jan. 15, 2026).
31 Flock Safety, Does Flock Share Data With ICE or Federal Agencies?, Jan. 6, 2026, https://www.flocksafety.com/blog/does-
flock-share-data-with-ice-or-federal-agencies (last visited Jan. 15, 2026).
32 DHSMV, Driver and Vehicle Information Database (DAVID), https://www.flhsmv.gov/courts-enforcement/david/ (last
visited Jan. 15, 2026).
33 18 U.S.C. § 2721.
34 DHSMV, Driver Privacy Protection Act, https://www.flhsmv.gov/privacy-statement/driver-privacy-protection-act/ (last
visited Jan. 15, 2026).
35 Id.
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general principles that can be applied as needed by an agency according to its particular mission and privacy
program requirements. The principles are:
Access and Amendment. Agencies should provide individuals with appropriate access to PII and
appropriate opportunity to correct or amend personally identifiable information (PII).
Accountability. Agencies should be accountable for complying with these principles and applicable
privacy requirements, and should appropriately monitor, audit, and document compliance. Agencies should
also clearly define the roles and responsibilities with respect to PII for all employees and contractors, and
should provide appropriate training to all employees and contractors who have access to PII.
Authority. Agencies should only create, collect, use, process, store, maintain, disseminate, or disclose PII if
they have authority to do so, and should identify this authority in the appropriate notice.
Minimization. Agencies should only create, collect, use, process, store, maintain, disseminate, or disclose
PII that is directly relevant and necessary to accomplish a legally authorized purpose, and should only
maintain PII for as long as is necessary to accomplish the purpose.
Quality and Integrity. Agencies should create, collect, use, process, store, maintain, disseminate, or
disclose PII with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to
ensure fairness to the individual.
Individual Participation. Agencies should involve the individual in the process of using PII and, to the
extent practicable, seek individual consent for the creation, collection, use, processing, storage,
maintenance, dissemination, or disclosure of PII. Agencies should also establish procedures to receive and
address individuals’ privacy-related complaints and inquiries.
Purpose Specification and Use Limitation. Agencies should provide notice of the specific purpose for
which PII is collected and should only use, process, store, maintain, disseminate, or disclose PII for a
purpose that is explained in the notice and is compatible with the purpose for which the PII was collected,
or that is otherwise legally authorized.
Security. Agencies should establish administrative, technical, and physical safeguards to protect PII
commensurate with the risk and magnitude of the harm that would result from its unauthorized access,
use, modification, loss, destruction, dissemination, or disclosure.
Transparency. Agencies should be transparent about information policies and practices with respect to
PII, and should provide clear and accessible notice regarding creation, collection, use, processing, storage,
maintenance, dissemination, and disclosure of PII.37
Traffic & Transportation Safety
Traffic Signals
Florida law provides guidelines for traffic signal control devices and requires all traffic control signals displayed at
roadway intersections to display green, red, and yellow.38 Traffic signals are required to display a yellow
(“caution”) light between the green (“go”) signal and the red (“stop”) signal, but does not mandate how long a
yellow warning light should last.39
FDOT is required to adopt a uniform system of traffic control devices for use on the streets and highways of the
state.40 To meet this requirement, it has adopted the U.S. Department of Transportation, Federal Highway
36 Federal Privacy Council, Fair Information Practice Principles (FIPPs), https://www.fpc.gov/resources/fipps/ (last visited Jan.
15, 2026).
37 Id.
38 S. 316.075, F.S.
39 316.075(3)(a), F.S.; FDOT, Traffic Engineering Manual, Jan. 2026, Chapter 3, “Signals, section 3.6.2, “Standard,” available at
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/traffic/trafficservices/studies/tem/tem-2026/2026-
tem---chapter-3---signals.pdf?sfvrsn=38939043_2 (last visited Jan. 14, 2026).
40 S. 316.0745(1), F.S.
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Administration's Manual on Uniform Traffic Control Devices (MUTCD).41 The MUTCD provides that the duration of
yellow change intervals should be determined using engineering practices, but should have a minimum duration of
three seconds and a maximum duration of six seconds.42 FDOT determines appropriate yellow change intervals for
particular signals using an engineering formula based on various inputs, including perception reaction time (how
long it takes a driver to notice a hazard and start reacting),43 approach speed (speed limit), and the grade (slope) of
the road.44
Perception-Reaction Time
“Perception-reaction time” (PRT), also called “perception-response time,” refers to the total time it takes a driver to
begin an appropriate response to an impending obstacle or hazard.45 Historically, FDOT calculated yellow change
intervals using a PRT of 1.0 seconds in accordance with accepted industry standards.46 In 2013, FDOT increased
the PRT in its calculation based on research performed by the National Cooperative Highway Research Program
showing that the 85th percentile PRT value in the driver population was 1.33 seconds.47 FDOT now uses a PRT of
1.4 seconds to calculate yellow change intervals.48
Surrogate Safety Measures
Surrogate safety measures (SSMs) are non-crash incidents with a correlation to a high rate of crash incidents.49
SSMs are data points that are highly correlated to risk of collisions and occur much more frequently than crashes
but might otherwise not be reported through the traditional channels.50 Examples of SSMs include measures of
how much time road users allow to avoid potential collisions, yellow- and red- light violations, gap time between
vehicles, red-light violations, hard braking events, and evasive maneuvers.51
Vehicle Regulation
Off-Highway Vehicles
Under Florida law, an “off-highway vehicle” is defined as any ATV, two-rider ATV, ROV, or OHM that is used off the
roads or highways of this state and that is not registered and licensed for highway use.52 An “ATV” is defined as any
41 R. 14-15.010, F.A.C. (adopting the Dec. 2023 version of the MUTCD); see also U.S. Dep’t of Transp., Fed. Highway Admin.,
Manual on Uniform Control Devices (MUTCD) 11th ed. (Dec. 2023), available at
https://mutcd.fhwa.dot.gov/kno_11th_Edition.htm (last visited Jan. 14, 2026).
42 U.S. Dep’t of Transp., Fed. Highway Admin., Manual on Uniform Control Devices (MUTCD), section 4F.17, “Yellow Change and
Red Clearance Intervals,” 11th ed. (Dec. 2026), available at https://mutcd.fhwa.dot.gov/pdfs/11th_Edition/part4.pdf (last
visited Jan. 14, 2026).
43 “Perception-reaction time” or “perception-response time” (PRT) is the total time it takes a driver to begin an appropriate
response to an impending obstacle or hazard. See, e.g., Marc Green, Ph.D., Let’s Get Real About Perception-Response Time,
44 FDOT, Traffic Engineering Manual, supra note 39, at section 3.6.2.
45 See, e.g., Swaroop Dinakar, What is Perception Response Time (PRT)? Understanding Driver Reactions, Driver Research
Institute (Sep. 29, 2023) available at https://driverresearchinstitute.com/what-is-prt/ (last visited Jan. 14, 2026); Marc Green,
Ph.D., Let’s Get Real About Perception-Response Time, available at https://www.visualexpert.com/Resources/realprt.html (last
visited Jan. 14, 2026).
46 Memo from Mark C. Wilson, P.E., State Traffic Operations Engineer, Fla. Dep’t of Transp., Traffic Operations Bulletin 02-13,
Standardization of Yellow Change Intervals for Signalized Intersections, May 31, 2013, available at
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/content/traffic/doc_library/pdf/traffic-operations-
bulletin-02-13.pdf?sfvrsn=ba1d34f0_0 (last visited Jan. 14, 2026).
47 Id.
48 FDOT, Traffic Engineering Manual, supra note 39, at section 3.6.2.
49 Veralytix, What is Surrogate Road Safety and Why We Use It, Sep. 26, 2025,
https://www.transoftsolutions.com/transportation-safety-operations/resources/blog/what-is-surrogate-road-safety-and-
why-we-use-it/ (last visited Jan. 15, 2026).
50 Id.
51 Id.; U.S. Dep’t of Transp., Office of Safety Research and Development, Surrogate Safety Measures From
Traffic Simulation Models: Final Report, at pages 6-7, available at
https://www.fhwa.dot.gov/publications/research/safety/03050/03050.pdf (last visited Jan. 15, 2026).
52 S. 261.03(5), F.S.
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motorized off-highway or all-terrain vehicle 55 inches or less which has a dry weight of 1,500 pounds or less, is
designed to travel on three or more nonhighway tires, and is manufactured for recreational use by one or more
persons.53 An “OHM”, or “off-highway motorcycle”, is defined as any motor vehicle used off the roads or highways
of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two
wheels in contact with the ground, excluding a tractor, an electric bicycle, or a moped.54 A typical example of an
OHM is a dirt bike. An “ROV” is defined as any motorized recreational off-highway vehicle 80 inches or less in width
which has a dry weight of 3,500 pounds or less, is designed to travel on four or more nonhighway tires, and is
manufactured for recreational use by one or more persons. The term “ROV” does not include a golf cart as defined
in ss. 316.003 and 320.01, F.S., or a low-speed vehicle as defined in s. 320.01, F.S.55
Electric Bicycles, Motorized Scooters, and Micromobility Devices
Under Florida law, the operator of an electric bicycle or motorized scooter has all of the rights, privileges, and
duties applicable to the rider of a bicycle.56 An “electric bicycle” is defined as a bicycle or tricycle equipped with
fully operable pedals, a seat or saddle for the use of the rider, and an electric motor of less than 750 watts which
meets the requirements of one of the following three classifications:
“Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only
when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed
of 20 miles per hour.
“Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used exclusively to
propel the electric bicycle and that ceases to provide assistance when the electric bicycle reaches the speed
of 20 miles per hour.
“Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only
when the rider is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed
of 28 miles per hour. 57
An electric bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when
the rider stops pedaling or when the brakes are applied.58
Florida law defines a “motorized scooter” as any vehicle or micromobility device that is powered by a motor with
or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and
which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground, excluding
an electric bicycle. 59
Florida law defines “micromobility device” as a motorized transportation device designed for individual use which
is typically 20 to 36 inches in width and 50 pounds or less in weight and which operates at a speed of typically less
than 15 miles per hour but no more than 28 miles per hour. This term includes both human-powered and
nonhuman-powered devices, including a bicycle, electric bicycle, motorized scooter, or any other device that is
owned by an individual or part of a shared fleet.60
An operator of an electric bicycle, motorized scooter, or micromobility device is not required to register the device
with DHSMV, carry minimum insurance, or have a driver license to operate a motorized scooter.61 Helmets are
required for operators under the age of 16.62
53 S. 261.03(2), F.S.
54 S. 261.03(4), F.S.
55 S. 316.02(8), F.S.
56 Ss. 316.20655 and 316.2128, F.S.
57 S. 316.003(23), F.S.
58 S. 316.20655(6), F.S.
59 S. 316.003(48), F.S.
60 S. 316.003(41), F.S.
61 Ss. 316.20655(2) and 316.2128(2)-(3), F.S.
62 S. 316.2065(3)(d), F.S.
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Local governments have authority to regulate electric bicycles, motorized scooters and micromobility devices,
including authority to adopt ordinances that:
Provide one or more minimum age requirements for such devices.63
Require an operator of such devices to possess a government-issued photographic identification.64
Permit, control, or regulate the operation of electric bicycles and motorized scooters on sidewalks or
sidewalk areas when such use is permissible under federal law, provided that the ordinance must restrict
such vehicles or devices to a maximum speed of 15 miles per hour in these areas.65
Govern the operation of electric bicycles and motorized scooters on streets, highways, sidewalks, and
sidewalk areas under the local government’s jurisdiction.66
Prevent a municipality, county, or agency of the state having jurisdiction over a bicycle path, multiuse path,
or trail network from restricting or prohibiting the operation of an electric bicycle on a bicycle path,
multiuse path, or trail network. 67
Prevent a municipality, county, or agency of the state having jurisdiction over a beach or a dune from
restricting or prohibiting the operation of an electric bicycle on such beach or dune.68
Local governments also have the authority to provide training on safe operation of electric bicycles and compliance
with the traffic laws of this state applicable to such devices.69
E-Motos
E-motos are compact devices similar to traditional electric motorcycles or dirt bikes that are much more powerful
and faster than electric bicycles. E-motos may have motors with thousands of watts of power that far exceed the
750-watt cap for an electric bicycle. They are equipped with throttles and typically can go in excess of 30 miles per
hour, faster than any electric bicycle is capable of traveling. Some E-motos can achieve highway speeds of 65 miles
per hour.70 Some states have proposed legislation regulating e-motos.71
Operation of Golf Carts on Certain Roadways
Florida law defines the term “golf cart” as a motor vehicle that is designed and manufactured for operation on a
golf course for sporting or recreational purposes.72 Operation of golf carts is prohibited on public roads or streets
of this state, with the exceptions described below.73
A golf cart may be operated upon a county road that has been designated by a county, a municipal street that has
been designated by a municipality, or a two-lane county road located within the jurisdiction of a municipality
designated by that municipality, for use by golf carts. Prior to making such a designation, the responsible local
governmental entity must first determine that golf carts may safely travel on or cross the public road or street,
considering factors including the speed, volume, and character of motor vehicle traffic using the road or street.
Upon such a determination, the responsible governmental entity must post appropriate signs to indicate that such
operation is allowed.74
63 S. 316.20655(8), F.S.
64 Id.
65 S. 316.008(7)(a), F.S.
66 S. 316.2128(1), F.S.
67 Id.
68 Id.
69 S. 316.20655(9), F.S.
70 PeopleforBikes, The E-Bike Problem is an E-Moto Problem, https://www.peopleforbikes.org/news/the-e-bike-problem-is-an-
e-moto-problem (last visited Jan. 16, 2026).
71 See, e.g., California Legislative Information, SB-584 Off-highway electric motorcycles,
https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202520260SB586&showamends=false (last visited
Jan. 16, 2026).
72 S. 316.003, F.S.
73 S. 316.212, F.S
74 S. 316.212(1), F.S.
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A golf cart may be operated on the State Highway System75 under the following conditions:76
To cross a portion of the State Highway System which intersects a county road or municipal street that has
been designated for use by golf carts if FDOT has reviewed and approved the location and design of the
crossing and any traffic control devices needed for safety purposes.
To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides
of the highway if FDOT has reviewed and approved the location and design of the crossing and any traffic
control devices needed for safety purposes.
A golf cart may be operated on a state road that has been designated for transfer to a local government unit
if DOT determines that the operation of a golf cart within the right-of-way of the road will not impede the
safe and efficient flow of motor vehicular traffic and if:
o The road is the only available public road along which golf carts may travel or cross or the road
provides the safest travel route among alternative routes available; and
o The speed, volume, and character of motor vehicle traffic using the road is considered by DOT in
making its determination.77
If such use is approved, FDOT must post appropriate signs along the road to indicate that golf cart operation is
allowed.78
A golf cart may be operated by residents or guests of a mobile home park for the purpose of crossing a street or
highway where the mobile home park is located on both sides of the street or highway and is divided by that street
or highway, provided that the governmental entity having original jurisdiction over such street or highway reviews
and approves the location of the crossing and require implementation of any traffic controls needed for safety
purposes. If notice is posted at the entrance and exit of any mobile home park where residents of the park operate
golf carts or within the confines of the park, it is not necessary for the park to have a gate or other device at the
entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park.79
If authorized by the Division of Recreation and Parks of the Department of Environmental Protection (DEP), a golf
cart may be operated on a road that is part of the State Park Road System80 if the posted speed limit is 35 miles per
hour or less.81
A golf cart may only be operated during the hours between sunrise and sunset, unless the responsible
governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise
and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield.82 Further, a golf cart must
be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized
warning devices in both the front and rear.83 A golf cart may not be operated on public roads or streets by any
person under the age of 15.84 A violation of age or equipment requirements regarding the use of a golf cart is a
noncriminal traffic infraction, punishable as a nonmoving violation.85 The statutory base fine is $30,86 but with
additional fees and surcharges, the total penalty may be higher.
75 See s. 334.03(24), F.S.
76 S. 316.212(2), F.S.
77 Id.
78 Id.
79 S. 316.212(3), F.S.
80 See s. 334.03(25), F.S.
81 S. 316.212(4), F.S.
82 S. 316.212(5), F.S.
83 S. 316.212(6), F.S.
84 S. 316.212(7), F.S. An operator under 18 years of age must possess a valid learner’s driver license or valid driver license.
85 S. 316.212(9), F.S.
86 S. 318.18(2), F.S.
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Low-Speed Vehicles
A low-speed vehicle is defined as any four-wheeled vehicle whose top speed is greater than 20 miles per hour but
not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles.87
A low-speed vehicle may be operated only on streets where the posted speed limit is 35 miles per hour or less. This
does not prohibit a low-speed vehicle from crossing a road or street at an intersection where the road or street has
a posted speed limit of more than 35 miles per hour. A low-speed vehicle must be equipped with headlamps, stop
lamps, turn signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and
vehicle identification numbers.88
A low-speed vehicle must be registered and insured in accordance with s. 320.02, F.S., and titled pursuant to ch.
319, F.S. Any person operating a low-speed vehicle must have in his or her possession a valid driver license.89
Low-speed vehicles are regulated under ch. 320, F.S., and fall under the manufacturing, distribution, and sales
requirements, which are included in Florida’s motor vehicle franchise dealer laws.
Exhaust System Noise Regulation
Florida law requires every motor vehicle’s exhaust system to include a muffler, manifold pipe, and tailpiping to
prevent excessive or unusual noise. Exhaust systems cannot allow noise that exceeds a maximum decibel level as
established by DEP in cooperation with DHSMV.90 Motorcycles must comply with slightly lower decibel level limits
than automobiles or other motor vehicles weighing 10,000 pounds or more.91 Additionally, the maximum decibel
level allowed for vehicles increases on roads where the speed limit is over 35 miles per hour.92 Certain vehicles are
exempted from these decibel limits, such as emergency vehicles or agricultural equipment.93
Seaports
Florida has 16 publicly owned seaports located around the state.94 The governing board of each seaport is a
government entity, either a county or city department, an independent special district, or an independent port
authority. Florida law establishes the Florida Seaport Transportation and Economic Development (FSTED) Council,
comprised of the port directors of each of Florida’s sixteen seaports, along with representatives from FDOT and the
Department of Commerce.95
Space Florida
Space Florida is established by Florida law to foster the growth and development of a sustainable and world-
leading aerospace industry in this state.96 Space Florida is tasked with promoting aerospace business development
87 See s. 320.01(41), F.S.
88 S. 316.2122(1), F.S.
89 Id.
90 S. 316.272, F.S.
91 S. 316.293(2), F.S.
92 Id.
93 S. 316.293(6), F.S.
94 Florida’s sixteen seaports are Port of Pensacola, Port Panama City, Port of Port St. Joe, Port Citrus, Port Tampa Bay, Port St.
Pete, Seaport Manatee, Port of Key West, PortMiami, Port Everglades, Port of Palm Beach, Port of Fort Pierce, Port Canaveral,
Port Putnam, Jaxport, and Port of Fernandina. Florida Seaport Transportation and Economic Development Council, 2025-2029
Seaport Mission Plan, at page 6, available at https://flaports.org/wp-content/uploads/2025_SeaportMissionPlan.pdf (last
visited Jan. 14, 2026).
95 Id. at page 3.; see also s. 311.09(1), F.S.
96 S. 331.302(1), F.S. (establishing Space Florida as an independent special district, a body politic and corporate, and a
subdivision of the state).
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by facilitating business financing, spaceport operations, research and development, workforce development, and
innovative education programs.97
Spaceport Territory
Florida law considers a “spaceport” to be any area of land or water developed by Space Florida and intended for
public use or for the launching, takeoff, and landing of spacecraft and aircraft.98 Florida law designates certain real
property within the state as “spaceport territory,”99 including Cape Canaveral Spaceport in Brevard County, Cecil
Spaceport in Duval County, Eglin Air Force Base in Okaloosa County, Cape San Blas in Gulf County, Space Coast
Regional Airport and Spaceport in Brevard County, Homestead Air Reserve Base in Miami-Dade County, and
Tyndall Air Force Base in Bay County.100
International Fuel Tax Agreement (IFTA)
The IFTA simplifies fuel tax reporting for interstate carriers, such as commercial motor vehicles. Commercial
motor vehicles qualify for IFTA if they are used, designed, or maintained for the interstate transportation of
persons or property and:
Have two axles and a gross vehicle weight (GVW) or registered GVW exceeding 26,000 pounds;
Have three or more axles, regardless of weight; or
Are used in combination with a trailer, for a combined GVW or registered GVW in excess of 26,000
pounds.101
The IFTA is a reciprocal agreement, meaning that an IFTA license issued by the jurisdiction where the motor
carrier is based is valid in all the other IFTA member jurisdictions. Additionally, the licensee reports and pays all
motor fuel taxes to the base jurisdiction, which handles distribution to all the other member jurisdictions in which
the licensee travelled and incurred motor fuel use tax liability. The IFTA member jurisdictions are the lower 48
states and the 10 Canadian provinces. 102
Each calendar year, Florida will issue an IFTA license and a set of two IFTA decals per each qualified vehicle. The
original IFTA license is kept with the carrier’s records, copies of the original must be kept in each vehicle, and IFTA
decals must be affixed to the outside of each of those vehicles. By having copies of the licenses and the decals
affixed to the outside of the vehicles, it qualifies them to be operational in all other IFTA jurisdictions without the
need for obtaining additional licenses from those jurisdictions.103 The IFTA licenses and decals are valid for one
calendar year (January 1 – December 31), and reporting for motor fuel taxes is divided into four reporting periods.
There is no annual fee associated with the IFTA license, and IFTA decals are $4.00 per set.104
97 Id.
98 S. 331.303(17), F.S., defines the term “spaceport” to mean “any area of land or water, or any manmade object or facility
located therein, developed by Space Florida under this act, which area is intended for public use or for the launching, takeoff,
and landing of spacecraft and aircraft, and includes any appurtenant areas which are used or intended for public use, for
spaceport buildings, or for other spaceport facilities, spaceport projects, or rights-of-way.”
99 S. 331.304, F.S.
100 Space Florida, Spaceport System Territory, https://www.spaceflorida.gov/spaceport-system-territory (last visited Jan. 14,
2026).
101 DHSMV, International Fuel Tax Agreement, https://www.flhsmv.gov/driver-licenses-id-cards/commercial-motor-vehicle-
drivers/international-fuel-tax-agreement/ (last visited January 15, 2026).
102 Id. at 2.
103 Id.
104 Id.
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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
ICommerce Committee Hamon Rubottom
Ways & Means Committee
Budget Committee
State Affairs Committee
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HB 543 2026
1 A bill to be entitled
2 An act relating to transportation; requiring the
3 Department of Transportation to increase the minimum
4 perception reaction time of all steady yellow signals
5 in this state by a specified amount of time; amending
6 s. 207.001, F.S.; revising a short title; amending s.
7 207.002, F.S.; providing and revising definitions;
8 amending s. 207.004, F.S.; requiring licensing, rather
9 than registration, of motor carriers; requiring fuel
10 tax decals, rather than identifying devices, for motor
11 carriers; requiring a copy of the license to be
12 carried in each qualified motor vehicle or made
13 available electronically; specifying how fuel tax
14 decals are to be displayed on qualified motor
15 vehicles; requiring the Department of Highway Safety
16 and Motor Vehicles or its authorized agent to issue
17 licenses and fuel tax decals; requiring fuel tax decal
18 renewal orders to be submitted electronically
19 beginning on a specified date; revising required
20 contents of temporary fuel-use permits; removing
21 provisions relating to driveaway permits; amending s.
22 207.005, F.S.; revising reporting periods and due
23 dates for motor fuel use tax returns; requiring such
24 tax returns to be submitted electronically beginning
25 on a specified date; amending s. 207.007, F.S.;
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26 revising requirements for calculation of interest due
27 for delinquent tax; providing penalties for any person
28 who counterfeits, alters, manufactures, or sells fuel
29 tax licenses, fuel tax decals, or temporary fuel-use
30 permits except under certain circumstances; amending
31 s. 207.019, F.S.; requiring motor carriers to destroy
32 fuel tax decals under certain circumstances and notify
33 the department; amending s. 261.03, F.S.; revising the
34 definition of the term "off-highway vehicle"; amending
35 s. 261.11, F.S.; revising penalties; transferring,
36 renumbering, and amending s. 311.10(4), F.S.; defining
37 the terms "cargo purposes" and "commercial space
38 launch industry"; requiring certain seaports to submit
39 an annual report describing measures taken to support
40 the commercial space launch industry to the chair of
41 the Space Florida board of directors beginning on a
42 specified date; requiring the seaport to post such
43 report on its website; prohibiting certain seaports
44 from converting planned or existing land, facilities,
45 or infrastructure that supports cargo purposes unless
46 specified conditions are met; requiring legislative
47 approval for the use of state funds for specified
48 projects; amending s. 316.003, F.S.; revising the
49 definition of the term "micromobility device";
50 amending s. 316.0777, F.S.; authorizing a private
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51 entity to install an automated license plate
52 recognition system for use on certain property for a
53 specified purpose and providing requirements therefor;
54 amending s. 316.20655, F.S.; clarifying a provision;
55 repealing ss. 316.272 and 316.293, F.S., relating to
56 the prevention of noise from exhaust systems and motor
57 vehicle noise, respectively; amending s. 316.3045,
58 F.S.; requiring a motor vehicle to be equipped with an
59 exhaust system to prevent excessive or unusual noise;
60 prohibiting such system from allowing noise that is
61 audible at a specified distance from the vehicle;
62 amending s. 319.1401, F.S.; authorizing certain golf
63 carts to be titled and registered for operation on
64 certain roads without an inspection by the department
65 and providing requirements therefor; amending s.
66 322.032, F.S.; providing definitions; providing
67 requirements for an electronic credentialing system;
68 providing exceptions to certain prohibitions;
69 providing for enforcement and penalties; amending s.
70 337.11, F.S.; authorizing the department to make
71 direct payments to certain subcontractors under
72 specified conditions; amending s. 337.18, F.S.;
73 requiring the department and surety to enter into a
74 takeover agreement under certain conditions; providing
75 requirements for such agreement; amending s. 339.85,
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76 F.S.; providing legislative findings; requiring the
77 department to implement a Next-generation Traffic
78 Signal Modernization Grant Program; providing program
79 purpose; requiring the department to implement a
80 state-local partnership through a cost-sharing
81 arrangement; providing requirements for such
82 arrangement; authorizing the department to waive local
83 match requirements for certain intersections;
84 requiring the department to prioritize grant
85 applications for certain intersections and use
86 competitive procurement to find certain vendors;
87 providing program requirements; providing for an
88 annual appropriation; amending ss. 207.003, 207.008,
89 207.011, 207.013, 207.014, 207.023, 207.0281, 212.08,
90 316.455, 316.545, 318.18, 319.35, 324.171, 403.061,
91 403.415, and 627.7415, F.S.; conforming provisions to
92 changes made by the act; providing an effective date.
93
94 Be It Enacted by the Legislature of the State of Florida:
95
96 Section 1. The Department of Transportation shall increase
97 the minimum perception reaction time of all steady yellow
98 signals in this state by 0.4 seconds.
99 Section 2. Section 207.001, Florida Statutes, is amended
100 to read:
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101 207.001 Short title.—This chapter shall be known as the
102 "Florida Diesel Fuel and Motor Fuel Use Tax Act of 1981," and
103 the taxes levied under this chapter shall be in addition to all
104 other taxes imposed by law.
105 Section 3. Section 207.002, Florida Statutes, is amended
106 to read:
107 207.002 Definitions.—As used in this chapter, the term:
108 (1)(2) "Department" means the Department of Highway Safety
109 and Motor Vehicles.
110 (2) "International Fuel Tax Agreement" means the
111 reciprocal agreement among certain states of the United States,
112 provinces of Canada, and other member jurisdictions which
113 provides for the administration, collection, and enforcement of
114 taxes on the basis of fuel consumed or distance accrued, or
115 both, in member jurisdictions.
116 (3) "Diesel fuel" means any liquid product or gas product
117 or combination thereof, including, but not limited to, all forms
118 of fuel known or sold as diesel fuel, kerosene, butane gas, or
119 propane gas and all other forms of liquefied petroleum gases,
120 except those defined as "motor fuel," used to propel a motor
121 vehicle.
122 (4) "International Registration Plan" means a registration
123 reciprocity agreement among states of the United States and
124 provinces of Canada providing for payment of license fees or
125 license taxes on the basis of fleet miles operated in various
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126 jurisdictions.
127 (3)(5) "Interstate" means vehicle movement between or
128 through two or more member jurisdictions states.
129 (4)(6) "Intrastate" means vehicle movement from one point
130 within a member jurisdiction state to another point within the
131 same member jurisdiction state.
132 (5) "Member jurisdiction" means a member of the
133 International Fuel Tax Agreement.
134 (6)(7) "Motor carrier" means any person owning,
135 controlling, operating, or managing any motor vehicle used to
136 transport persons or property over any public highway.
137 (7)(8) "Motor fuel" means any fuel placed in the fuel
138 supply storage unit of a qualified motor vehicle, including an
139 alternative fuel such as pure methanol, ethanol, or other
140 alcohol; a blend of 85 percent or more alcohol with gasoline;
141 natural gas and liquid fuel produced from natural gas; propane;
142 coal-derived liquified fuel; hydrogen; electricity; pure
143 biodiesel (B100) fuel, other than alcohol, derived from
144 biological materials; P-series fuel; or any other type of fuel
145 or energy used to propel a qualified motor vehicle what is
146 commonly known and sold as gasoline and fuels containing a
147 mixture of gasoline and other products.
148 (8)(9) "Operate," "operated," "operation," or "operating"
149 means and includes the use utilization in any form of any
150 qualified commercial motor vehicle, whether loaded or empty,
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151 whether used utilized for compensation or not for compensation,
152 and whether owned by or leased to the motor carrier who uses it
153 or causes it to be used.
154 (9)(10) "Person" means and includes natural persons,
155 corporations, copartnerships, firms, companies, agencies, or
156 associations, singular or plural.
157 (10)(11) "Public highway" means any public street, road,
158 or highway in this state.
159 (11)(1) "Qualified commercial motor vehicle" means any
160 vehicle not owned or operated by a governmental entity which
161 uses diesel fuel or motor fuel on the public highways; and which
162 has two axles and a gross vehicle weight or registered gross
163 vehicle weight in excess of 26,000 pounds, or has three or more
164 axles regardless of weight, or is used in combination when the
165 weight of such combination exceeds 26,000 pounds gross vehicle
166 weight or registered gross vehicle weight. The term excludes any
167 recreational vehicle or vehicle owned or operated by a community
168 transportation coordinator as defined in s. 427.011 or by a
169 private operator that provides public transit services under
170 contract with such a provider.
171 (12) "Registrant" means a person in whose name or names a
172 vehicle is properly registered.
173 (12)(13) "Use," "uses," or "used" means the consumption of
174 diesel fuel or motor fuel in a qualified commercial motor
175 vehicle for the propulsion thereof.
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176 Section 4. Section 207.004, Florida Statutes, is amended
177 to read:
178 207.004 Licensing registration of motor carriers; fuel tax
179 decals identifying devices; fees; renewals; temporary fuel-use
180 permits and driveaway permits.—
181 (1)(a) A no motor carrier may not shall operate or cause
182 to be operated in this state any qualified commercial motor
183 vehicle, other than a Florida-based qualified commercial motor
184 vehicle that travels Florida intrastate mileage only, which that
185 uses diesel fuel or motor fuel until such carrier is licensed
186 has registered with the department or has registered under the
187 International Fuel Tax Agreement a cooperative reciprocal
188 agreement as described in s. 207.0281, after such time as this
189 state enters into such agreement, and has been issued fuel tax
190 decals an identifying device or such carrier has been issued a
191 temporary fuel-use permit as authorized under subsection
192 subsections (4) and (5) for each vehicle operated. The fee for
193 each set of fuel tax decals is There shall be a fee of $4 per
194 year or any fraction thereof. A copy of the license must be
195 carried in each vehicle or made available electronically. The
196 fuel tax decal for each such identifying device issued. The
197 identifying device shall be provided by the department and must
198 be conspicuously displayed on the qualified commercial motor
199 vehicle as prescribed by the instructions on the reverse side of
200 the decal department while the vehicle it is being operated on
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201 the public highways of this state. The transfer of a fuel tax
202 decal an identifying device from one vehicle to another vehicle
203 or from one motor carrier to another motor carrier is
204 prohibited. The department or its authorized agent shall issue
205 the licenses and fuel tax decals.
206 (b) The motor carrier to whom fuel tax decals have an
207 identifying device has been issued is shall be solely
208 responsible for the proper use of the fuel tax decals
209 identifying device by its employees, consignees, or lessees.
210 (2) Fuel tax decals Identifying devices shall be issued
211 each year for the period January 1 through December 31, or any
212 portion thereof, if tax returns and tax payments, when
213 applicable, have been submitted to the department for all prior
214 reporting periods. Fuel tax decals Identifying devices may be
215 displayed for the next succeeding indicia period beginning
216 December 1 of each year. Beginning October 1, 2026, except as
217 otherwise authorized by the department, all fuel tax decal
218 renewal orders must be submitted electronically through an
219 online system prescribed by the department.
220 (3) If a motor carrier licensed in this state no longer
221 operates or causes to be operated in this state any qualified a
222 commercial motor vehicle, the fuel tax decal for each motor
223 carrier that is no longer operated or caused to be operated by
224 the motor carrier must identifying device shall be destroyed and
225 the motor carrier to whom the fuel tax decal device was issued
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226 must shall notify the department immediately by letter of such
227 removal and of the number of the fuel tax decal identifying
228 device that was has been destroyed.
229 (4) A motor carrier, before operating a qualified
230 commercial motor vehicle on the public highways of this state,
231 must require each qualified motor vehicle to display a fuel tax
232 decal an identifying device as required under subsections (1)
233 and (2) or must obtain a temporary fuel-use permit for that
234 vehicle as provided in subsection (5). A temporary fuel-use
235 permit shall expire within 10 days after date of issuance. The
236 cost of a temporary fuel-use permit is $45, and the permit
237 exempts the vehicle from the payment of the motor fuel or diesel
238 fuel tax imposed under this chapter during the term for which
239 the permit is valid. However, the vehicle is not exempt from
240 paying the fuel tax at the pump.
241 (5)(a) A registered motor carrier holding a valid license
242 may certificate of registration may, upon payment of the $45 fee
243 per permit, secure from the department, or any wire service
244 authorized by the department, a temporary fuel-use permit.
245 (b) The fee for a temporary fuel-use permit is $45. A
246 temporary fuel-use permit expires 10 days after the date of
247 issuance and exempts the vehicle from payment of the motor fuel
248 tax imposed under this chapter during the period for which the
249 permit is valid. However, this paragraph does not exempt the
250 vehicle from payment at the pump of the fuel tax imposed under
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251 chapter 206.
252 (c) A blank temporary fuel-use permit, before its use,
253 must be executed by the motor carrier, in ink or type, so as to
254 identify the carrier, the vehicle to which the permit is
255 assigned, and the permit's effective date and expiration date
256 that the vehicle is placed in and removed from service. The
257 temporary fuel-use permit shall also show a complete
258 identification of the vehicle on which the permit is to be used,
259 together with the name and address of the owner or lessee of the
260 vehicle. The endorsed temporary fuel-use permit must shall then
261 be carried on the vehicle that it identifies and must shall be
262 exhibited on demand to any authorized personnel. Temporary fuel-
263 use permits may be transmitted to the motor carrier by
264 electronic means and shall be completed as outlined by
265 department personnel prior to transmittal.
266 (d) The motor carrier to whom a temporary fuel-use permit
267 is issued is shall be solely responsible for the proper use of
268 the permit by its employees, consignees, or lessees. Any
269 erasure, alteration, or unauthorized use of a temporary fuel-use
270 permit renders shall render it invalid and of no effect. A motor
271 carrier to whom a temporary fuel-use permit is issued may not
272 knowingly allow the permit to be used by any other person or
273 organization.
274 (b) An unregistered motor carrier may, upon payment of the
275 $45 fee, secure from any wire service authorized by the
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276 department, by electronic means, a temporary fuel-use permit
277 that shall be valid for a period of 10 days. Such permit must
278 show the name and address of the unregistered motor carrier to
279 whom it is issued, the date the vehicle is placed in and removed
280 from service, a complete identification of the vehicle on which
281 the permit is to be used, and the name and address of the owner
282 or lessee of the vehicle. The temporary fuel-use permit shall
283 then be carried on the vehicle that it identifies and shall be
284 exhibited on demand to any authorized personnel. The
285 unregistered motor carrier to whom a temporary fuel-use permit
286 is issued shall be solely responsible for the proper use of the
287 permit by its employees, consignees, or lessees. Any erasure,
288 alteration, or unauthorized use of a temporary fuel-use permit
289 shall render it invalid and of no effect. The unregistered motor
290 carrier to whom a temporary fuel-use permit is issued may not
291 knowingly allow the permit to be used by any other person or
292 organization.
293 (c) A registered motor carrier engaged in driveaway
294 transportation, in which the cargo is the vehicle itself and is
295 in transit to stock inventory and the ownership of the vehicle
296 is not vested in the motor carrier, may, upon payment of the $4
297 fee, secure from the department a driveaway permit. The
298 driveaway permits shall be issued for the period January 1
299 through December 31. An original permit must be in the
300 possession of the operator of each vehicle and shall be
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301 exhibited on demand to any authorized personnel. Vehicle mileage
302 reports must be submitted by the motor carrier, and the road
303 privilege tax must be paid on all miles operated within this
304 state during the reporting period. All other provisions of this
305 chapter shall apply to the holder of a driveaway permit.
306 Section 5. Section 207.005, Florida Statutes, is amended
307 to read:
308 207.005 Returns and payment of tax; delinquencies;
309 calculation of fuel used during operations in this the state;
310 credit; bond.—
311 (1) The taxes levied under this chapter are shall be due
312 and payable on the first day of the month following the last
313 month of the reporting period. The department may adopt
314 promulgate rules for requiring and establishing procedures for
315 annual, semiannual, or quarterly filing. The reporting period is
316 shall be the 12 months beginning January July 1 and ending
317 December 31 June 30. It shall be the duty of Each motor carrier
318 licensed registered or required to be licensed registered under
319 the provisions of this chapter must to submit a return by the
320 following due dates, except that each due date is extended until
321 the last day of the month of the due date, and, if the last day
322 of the month falls on a Saturday, Sunday, or legal holiday, the
323 due date is further extended until the next day that is not a
324 Saturday, Sunday, or legal holiday within 30 days after the due
325 date. The due date shall be as follows:
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326 (a) If annual filing, the due date is January 31 shall be
327 July 1;
328 (b) If semiannual filing, the due dates are shall be
329 January 31 1 and July 31 1; or
330 (c) If quarterly filing, the due dates are shall be
331 January 31 1, April 30 1, July 31 1, and October 31 1.
332 (2) The amount of fuel used in the propulsion of any
333 qualified commercial motor vehicle within this state may be
334 calculated, if the motor carrier maintains adequate records, by
335 applying total interstate vehicular consumption of all diesel
336 fuel and motor fuel used as related to total miles traveled and
337 applying such rate to total miles traveled within this state. In
338 the absence of adequate documentation by the motor carrier, the
339 department may adopt is authorized to promulgate rules
340 converting miles driven to gallons used.
341 (3) For the purpose of computing the carrier's liability
342 for the fuel road privilege tax, the total gallons of fuel used
343 in the propulsion of any qualified commercial motor vehicle in
344 this state shall be multiplied by the rates provided in parts I-
345 III of chapter 206. From the sum determined by this calculation,
346 there shall be allowed a credit equal to the amount of the tax
347 per gallon under parts I-III of chapter 206 for each gallon of
348 fuel purchased in this state during the reporting period when
349 the diesel fuel or motor fuel tax was paid at the time of
350 purchase. If the tax paid under parts I-III of chapter 206
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351 exceeds the total tax due under this chapter, the excess may be
352 allowed as a credit against future tax payments, until the
353 credit is fully offset or until eight calendar quarters shall
354 have passed since the end of the calendar quarter in which the
355 credit accrued, whichever occurs first. A refund may be made for
356 this credit provided it exceeds $10.
357 (4) The department may adopt is authorized to promulgate
358 the necessary rules to provide for an adequate bond from each
359 motor carrier to ensure payment of taxes required under this
360 chapter.
361 (5) Beginning October 1, 2026, except as otherwise
362 authorized by the department, all returns must be submitted
363 electronically through an online system prescribed by the
364 department.
365 Section 6. Section 207.007, Florida Statutes, is amended
366 to read:
367 207.007 Offenses; penalties and interest.—
368 (1) If any motor carrier licensed registered under this
369 chapter fails to file a return or and pay any tax liability
370 under this chapter within the time required hereunder, the
371 department may impose a delinquency penalty of $50 or 10 percent
372 of the delinquent taxes due, whichever is greater, if the
373 failure is for not more than 30 days, with an additional 10
374 percent penalty for each additional 30 days, or fraction
375 thereof, during the time which the failure continues, not to
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376 exceed a total penalty of 100 percent in the aggregate. However,
377 the penalty may not be less than $50.
378 (2) In addition to any other penalties, any delinquent tax
379 shall bear interest in accordance with the International Fuel
380 Tax Agreement at the rate of 1 percent per month, or fraction
381 thereof, calculated from the date the tax was due. If the
382 department enters into a cooperative reciprocal agreement under
383 the provisions of s. 207.0281, the department shall collect and
384 distribute all interest due to other jurisdictions at the same
385 rate as if such interest were due to the state.
386 (3) Any person who:
387 (a) Willfully refuses or neglects to make any statement,
388 report, or return required by the provisions of this chapter;
389 (b) Knowingly makes, or assists any other person in
390 making, a false statement in a return or report or in connection
391 with an application for licensure registration under this
392 chapter or in connection with an audit; or
393 (c) Counterfeits, alters, manufactures, or sells fuel tax
394 licenses, fuel tax decals, or temporary fuel-use permits without
395 first having obtained the department's permission in writing; or
396 (d)(c) Violates any provision of the provisions of this
397 chapter, a penalty for which is not otherwise provided,
398
399 commits is guilty of a felony of the third degree, punishable as
400 provided in s. 775.082, s. 775.083, or s. 775.084. In addition,
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401 the department may revoke or suspend the licensure and
402 registration privileges under ss. 207.004 and 320.02,
403 respectively, of the violator. Each day or part thereof during
404 which a person operates or causes to be operated a qualified
405 commercial motor vehicle without being the holder of fuel tax
406 decals an identifying device or having a valid temporary fuel-
407 use or driveaway permit as required by this chapter constitutes
408 a separate offense within the meaning of this section. In
409 addition to the penalty imposed by this section, the defendant
410 is shall be required to pay all taxes, interest, and penalties
411 due to this the state.
412 Section 7. Subsection (1) of section 207.019, Florida
413 Statutes, is amended to read:
414 207.019 Discontinuance or transfer of business; change of
415 address.—
416 (1) Whenever a person ceases to engage in business as a
417 motor carrier within this the state by reason of the
418 discontinuance, sale, or transfer of the business of such
419 person, the person he or she shall notify the department in
420 writing at least 10 days before prior to the time the
421 discontinuance, sale, or transfer takes effect. Such notice must
422 shall give the date of discontinuance and, in the event of a
423 sale or transfer of the business, the date thereof and the name
424 and address of the purchaser or transferee. All diesel fuel or
425 motor fuel use taxes are shall become due and payable
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426 concurrently with such discontinuance, sale, or transfer; and
427 any such person shall, concurrently with such discontinuance,
428 sale, or transfer, make a report and, pay all such taxes,
429 interest, and penalties; and the fuel tax decals must be
430 destroyed and the motor carrier to whom the decals were issued
431 shall notify the department by letter of their destruction and
432 of the number of fuel tax decals that were destroyed, and
433 surrender to the department the registration issued to such
434 person.
435 Section 8. Subsection (5) of section 261.03, Florida
436 Statutes, is amended to read:
437 261.03 Definitions.—As used in this chapter, the term:
438 (5) "Off-highway vehicle" means any ATV, two-rider ATV,
439 ROV, or OHM, or other vehicle with motive power specifically
440 designed by the manufacturer that is used off the roads or
441 highways of this state and that is not registered and licensed
442 for highway use under chapter 320.
443 Section 9. Section 261.11, Florida Statutes, is amended to
444 read:
445 261.11 Penalties.—No off-highway vehicle may be operated
446 upon the public sidewalks, roads, streets, or highways of this
447 state, except as otherwise permitted by the managing local,
448 state, or federal agency.
449 (1) A violation of this section is a noncriminal traffic
450 infraction, punishable as a moving violation as provided in
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451 chapter 318.
452 (2) A second or subsequent violation of this section is a
453 misdemeanor of the second degree, punishable as provided in s.
454 775.082 or s. 775.083.
455 Section 10. Subsection (4) of section 311.10, Florida
456 Statutes, is transferred, renumbered as section 311.15, Florida
457 Statutes, and amended to read:
458 311.15 Seaports; cargo facilities; reporting requirements
459 311.10 Strategic Port Investment Initiative.—
460 (1) As used in this section, the term:
461 (a) "Cargo purposes" means any facility, activity,
462 property, energy source, or infrastructure asset that is not
463 intended to facilitate the transport of passengers and includes,
464 but is not limited to, such facilities, activities, properties,
465 energy sources, or infrastructure assets that support spaceport
466 activities.
467 (b) "Commercial space launch industry" means any company
468 substantially engaged in the transport, operation, and recovery
469 of space launch or landing services with active maritime
470 operations.
471 (2) Beginning February 1, 2027, and each February 1
472 thereafter, each seaport located in a county in which real
473 property is designated as spaceport territory under s. 331.304
474 and that uses land, facilities, or infrastructure for the
475 purpose of supporting spacecraft launch and recovery operations
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476 must submit a report to the chair of the Space Florida board of
477 directors which describes all measures the seaport has taken to
478 support the commercial space launch industry. The seaport must
479 post a copy of the report on its website once it has been
480 submitted to the chair of the board.
481 (3)(4) As a condition of receiving a project grant under
482 any program established in this chapter and as a condition of
483 receiving state funds as described in s. 215.31, A seaport that
484 is located in a county in which real property is designated as
485 spaceport territory under s. 331.304 and that uses land,
486 facilities, or infrastructure for the purpose of supporting
487 spacecraft launch and recovery operations must, in any agreement
488 with the Department of Transportation, agree that the seaport
489 may not convert any planned or existing land, facility, or
490 infrastructure that supports cargo purposes to any alternative
491 purpose unless all of the following conditions are met:
492 (a) The governing board of the seaport must provide public
493 notice as provided in s. 50.011 at least 30 days before holding
494 a public meeting on the proposed conversion.
495 (b) Before approving the proposed conversion, the
496 governing board of the seaport must prepare or cause to be
497 prepared a report estimating the impact of the conversion on the
498 cargo operations of the seaport. The report must be prominently
499 posted on the seaport's website at least 30 days before holding
500 a public meeting on the proposed conversion.
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501 (c) The conversion must be is approved by a two-thirds
502 vote of by the seaport's governing board of the seaport at a
503 publicly noticed meeting as a separate line on the agenda and
504 with a reasonable opportunity for public comment., and, if
505 approved,
506 (4) The Legislature must expressly approve approves the
507 use of state funds for any a project that includes the such a
508 conversion of any planned or existing land, facility, or
509 infrastructure that supports cargo purposes to any alternative
510 purpose, whether by a work program amendment or through the
511 General Appropriations Act. As used in this subsection, the term
512 "cargo purposes" includes, but is not limited to, any facility,
513 activity, property, energy source, or infrastructure asset that
514 supports spaceport activities.
515 Section 11. Subsection (41) of section 316.003, Florida
516 Statutes, is amended to read:
517 316.003 Definitions.—The following words and phrases, when
518 used in this chapter, shall have the meanings respectively
519 ascribed to them in this section, except where the context
520 otherwise requires:
521 (41) MICROMOBILITY DEVICE.—A motorized transportation
522 device designed for individual use which is typically 20 to 36
523 inches in width and 50 pounds or less in weight and which
524 operates at a speed of typically less than 15 miles per hour but
525 no more than 28 miles per hour. This term includes devices both
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526 a human-powered and a nonhuman-powered device such as an a
527 bicycle, electric bicycle and a, motorized scooter, or any other
528 device that is owned by an individual or part of a shared fleet.
529 Section 12. Subsections (3), (4), and (5) of section
530 316.0777, Florida Statutes, are renumbered as subsections (4),
531 (5), and (6), respectively, and a new subsection (3) is added to
532 that section to read:
533 316.0777 Automated license plate recognition systems;
534 installation within rights-of-way of State Highway System and on
535 and within property owned or controlled by private entity;
536 public records exemption.—
537 (3) A private entity may install an automated license
538 plate recognition system solely for use on and within the
539 property owned or controlled by the entity and for a public
540 safety-related purpose. A private entity that installs such a
541 system:
542 (a) May not access vehicle registration data generated by
543 the system, except to the extent that such data cannot
544 reasonably be linked to an identified or identifiable
545 individual.
546 (b) May not share or sell images or data generated by the
547 system, except to the extent required to respond to a lawful
548 request from a law enforcement agency.
549 (c) Must contractually obligate any third party that
550 installs, maintains, or operates the system to protect the
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551 images or data generated by the system from disclosure,
552 including a prohibition on sharing or selling such images or
553 data, except to the extent required to respond to a lawful
554 request from a law enforcement agency.
555 (d) May not offer or provide as payment or other
556 consideration any portion of the proceeds derived from a fine or
557 charge imposed based on images or data generated by the system
558 to any third party that installs, maintains, or operates the
559 system.
560 Section 13. Subsection (2) of section 316.20655, Florida
561 Statutes, is amended to read:
562 316.20655 Electric bicycle regulations.—
563 (2) An electric bicycle as defined in s. 316.003 or an
564 operator of an electric bicycle is not subject to the provisions
565 of law relating to financial responsibility, driver or motor
566 vehicle licenses, vehicle registration, title certificates, off-
567 highway motorcycles, or off-highway vehicles.
568 Section 14. Sections 316.272 and 316.293, Florida
569 Statutes, are repealed.
570 Section 15. Subsections (2) through (5) of section
571 316.3045, Florida Statutes, are renumbered as subsections (3)
572 through (6), respectively, and a new subsection (2) is added to
573 that section to read:
574 316.3045 Operation of radios or other mechanical or
575 electronic soundmaking devices or instruments in vehicles;
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576 exhaust systems; prevention of noise; exemptions.—
577 (2) Every motor vehicle shall at all times be equipped
578 with an exhaust system in good working order including muffler,
579 manifold pipe, and tailpiping to prevent excessive or unusual
580 noise. In no event shall an exhaust system allow noise at a
581 level plainly audible at a distance of 100 feet or more from the
582 motor vehicle.
583 Section 16. Section 319.1401, Florida Statutes, is created
584 to read:
585 319.1401 Titling and registering golf carts converted to
586 low-speed vehicles.—A golf cart converted to a low-speed vehicle
587 may be titled and registered for operation on certain roads
588 without an inspection by the department. The owner of the low-
589 speed vehicle shall affirm in writing that the vehicle complies
590 with the requirements of chapter 316 and shall be assigned an
591 identification number by the department. The identification
592 number shall be unique to the low-speed vehicle and used for the
593 issuance of a title and registration for the vehicle.
594 Section 17. Section 322.032, Florida Statutes, is amended
595 to read:
596 322.032 Digital proof of driver license or identification
597 card; electronic credential autonomy and verification
598 integrity.—
599 (1) As used in this section, the term:
600 (a) "Credentialholder" means a person who is issued a
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601 digital proof of driver license or identification card.
602 (b)(a) "Digital proof of driver license" means an
603 electronic credential viewable on an electronic credentialing
604 system.
605 (c)(b) "Digital proof of identification card" means an
606 electronic credential viewable on an electronic credentialing
607 system.
608 (d)(c) "Electronic credentialing system" means a computer
609 system accessed using a computer, a cellular telephone, or any
610 other personal device which queries the department's driver
611 license and identification card records, displays or transmits
612 digital proofs of driver licenses and identification cards, and
613 verifies the authenticity of those electronic credentials.
614 (e) "Fair information practice principles" means
615 internationally recognized privacy principles, including data
616 minimization, purpose specification, use limitation,
617 transparency, and strict data retention controls.
618 (f)(d) "Limited profile" means an electronic credential
619 containing some, but not all, of the information displayed on a
620 printed driver license or identification card.
621 (g) "Record integrity" means the capability of ensuring
622 historical continuity and verifiability of electronic
623 credentials by maintaining a tamper-evident, append-only record
624 of digital driver license and identification card issuance,
625 renewal, replacement, or revocation.
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626 (h)(e) "Scanning" means obtaining data from a digital
627 proof of driver license or identification card in an electronic
628 format.
629 (2)(a) The department shall establish a secure and uniform
630 system for issuing an optional digital proof of driver license
631 or identification card. The department may contract with one or
632 more private entities to develop an electronic credentialing
633 system.
634 (b) The electronic credentialing system may not retain
635 Internet protocol addresses, geolocation data, or other
636 information that describes the location, computer, computer
637 system, or computer network from which a customer accesses the
638 system.
639 (c) The electronic credentialing system must:
640 1. Require the explicit consent of the credentialholder
641 before performing any communication.
642 2. Provide offline cryptographic verification mechanisms
643 that:
644 a. Do not require communication with the department.
645 b. Are fully auditable and interoperable with open
646 standards.
647 c. Preserve the anonymity and unlinkability of
648 transactions unless explicitly waived by the credentialholder.
649 3. Adhere to fair information practice principles,
650 including collecting only the minimum data strictly necessary to
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651 fulfill the stated purpose of verification.
652 4. Collect data only for a single, clearly defined, and
653 limited purpose that is explicitly communicated to the
654 credentialholder.
655 5. Ensure that data is not reused, repurposed, shared, or
656 transmitted beyond the initial purpose without the explicit
657 consent of the credentialholder.
658 6. Securely delete data or render data irreversibly
659 anonymized immediately upon fulfillment of the stated purpose
660 unless a longer retention period is required by law and narrowly
661 tailored to that legal necessity.
662 7. Implement measures to ensure record integrity. The
663 electronic credentials must be verified based solely on the
664 record integrity and without relying on third parties.
665 8. Implement verifiable receipt mechanisms that ensure any
666 changes made to electronic credentials are independently
667 confirmable and auditable by any relying party.
668 (d) Electronic credential verifiers must:
669 1. Perform full cryptographic validation of electronic
670 credential authenticity, integrity, and issuer attribution
671 without requiring online access to external systems, the
672 department's systems, or any state system.
673 2. Retain only temporary user-authorized verification data
674 that is strictly necessary for the transaction.
675 3. Create written strict data minimization principles that
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676 must be provided to a credentialholder upon request.
677 4. Provide a credentialholder with the ability to audit
678 verification requests and control the sharing of electronic
679 credential attributes.
680 (e) Electronic credentials must:
681 1. Be issued as tamper-evident, cryptographically
682 verifiable statements capable of being selectively disclosed.
683 2. Contain clear metadata specifying cryptographic
684 material necessary for independent verification.
685 3. Be controlled by the credentialholder, who may choose
686 to disclose only the minimum information necessary for a
687 transaction.
688 4. Use a cryptographically derived identifier format that:
689 a. Is capable of secure key rotation, recovery,
690 delegation, and revocation without requiring a centralized
691 registry or continuous third-party oversight.
692 b. Rotates cryptographic keys without requiring reissuance
693 or reregistration with a central authority.
694 c. Is resolvable to metadata that contains authentication
695 and authorization material without dependence on a single
696 service endpoint or central registry.
697 d. Implements delegation, recovery, and secure binding to
698 cryptographic keys without requiring persistent correlatable
699 identifiers across contexts.
700 (3)(a) The digital proof of driver license or
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701 identification card established by the department or by an
702 entity contracted by the department must be in such a format as
703 to allow verification of the authenticity of the digital proof
704 of driver license or identification card. The department may
705 adopt rules to ensure valid authentication of digital driver
706 licenses and identification cards.
707 (b)1. Notwithstanding ss. 322.14-322.142, and any other
708 law prescribing the design for, or information required to be
709 displayed on, a driver license, a digital proof of driver
710 license may comprise a limited profile that includes only
711 information necessary to conduct a specific transaction on the
712 electronic credentialing system.
713 2. Notwithstanding ss. 322.051 and 322.141, and any other
714 law prescribing the design for, or information required to be
715 displayed on, an identification card, a digital proof of
716 identification card may comprise a limited profile that includes
717 only information necessary to conduct a specific transaction on
718 the electronic credentialing system.
719 (4) A person may not be issued a digital proof of driver
720 license or identification card until he or she satisfies all
721 requirements of this chapter for issuance of the respective
722 driver license or identification card and has been issued a
723 printed driver license or identification card. The electronic
724 credentialing system must, upon each presentation of a digital
725 driver license or identification card, display or transmit
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726 current records for the driver license or identification card.
727 If a licensee's driving privilege is suspended, revoked, or
728 disqualified, or if his or her driver license is otherwise
729 canceled or expired, a digital proof of driver license may not
730 be issued; however, a digital proof of identification card may
731 be issued if the licensee is otherwise eligible for an
732 identification card under s. 322.051.
733 (5) The department may use a telephone number submitted by
734 a licensee or cardholder in connection with a digital driver
735 license or identification card only for purposes of
736 communication regarding the digital proof of driver license or
737 identification card or the motor vehicle records, as defined in
738 s. 119.0712(2)(a), of the licensee or cardholder.
739 (6) The department may enter into contracts with one or
740 more private entities which authorize online data calls or
741 offline data verification through the electronic credentialing
742 system that queries the department's driver license and
743 identification card records, displays or transmits digital
744 proofs of driver licenses or identification cards, or verifies
745 the authenticity of such electronic credentials.
746 (7)(a) Except as provided in paragraph (b), a private
747 entity that scans a digital proof of driver license or
748 identification card may not store, sell, or share personal
749 information collected from such scanning of the digital proof of
750 driver license or identification card unless:
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751 1. The credentialholder has provided clear, informed, and
752 revocable consent.
753 2. The retention serves a legally justified, narrowly
754 tailored, and time-limited purpose.
755 (b) A credentialholder An individual may consent to allow
756 a private entity to collect and store personal information
757 obtained by scanning his or her digital proof of driver license
758 or identification card. However, the credentialholder individual
759 must be informed what information is collected and the purpose
760 or purposes for which the information will be used. If the
761 credentialholder individual does not want the private entity to
762 scan his or her digital proof of the credentialholder's
763 individual's driver license or identification card, the private
764 entity may manually collect personal information from the
765 credentialholder individual.
766 (c) A private entity that violates this subsection is
767 subject to a civil penalty not to exceed $5,000 per occurrence,
768 suspension of eligibility to participate in the electronic
769 credentialing system, and public disclosure of the private
770 entity's noncompliance.
771 (d) This subsection does not apply to a financial
772 institution as defined in s. 655.005(1)(i).
773 (8) Courts shall afford strict scrutiny to any unnecessary
774 government or commercial surveillance or remote verification
775 practices that do not comply with this section.
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776 (9)(8) A person who:
777 (a) Manufactures a false digital proof of driver license
778 or identification card commits a felony of the third degree,
779 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
780 (b) Possesses a false digital proof of driver license or
781 identification card commits a misdemeanor of the second degree,
782 punishable as provided in s. 775.082.
783 Section 18. Paragraph (d) is added to subsection (11) of
784 section 337.11, Florida Statutes, to read:
785 337.11 Contracting authority of department; bids;
786 emergency repairs, supplemental agreements, and change orders;
787 combined design and construction contracts; progress payments;
788 records; requirements of vehicle registration.—
789 (11)
790 (d)1. The department may make direct payments to first-
791 tier subcontractors if the following conditions are met:
792 a. The contractor has not requested payment from the
793 department for at least 6 months.
794 b. There is a binding, written subcontract between the
795 contractor and the subcontractor, and the department is in
796 possession of a complete copy of the subcontract.
797 c. The subcontractor has performed work that is unpaid by
798 the contractor, and the department has sufficient documentation
799 of such unpaid work.
800 d. There is no bona fide, documented dispute between the
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801 contractor and the subcontractor.
802 2. Any amounts paid by the department under this paragraph
803 shall be deducted from amounts otherwise due the contractor.
804 Section 19. Subsection (6) of section 337.18, Florida
805 Statutes, is renumbered as subsection (7), and a new subsection
806 (6) is added to that section, to read:
807 337.18 Surety bonds for construction or maintenance
808 contracts; requirement with respect to contract award; bond
809 requirements; defaults; damage assessments.—
810 (6) If the department declares a default on the part of
811 any contractor for cause attributable to such contractor, and
812 the department engages the surety to perform pursuant to the
813 terms of the bond, the department and the surety shall enter
814 into a takeover agreement requiring the surety's completion
815 contractor to meet the prequalification requirements of the
816 original contract bid solicitation and requiring the surety to
817 follow the contract's procedures regarding the completion
818 contractor default and certification of disbursement of payment
819 to subcontractors.
820 Section 20. Section 339.85, Florida Statutes, is amended
821 to read:
822 (Substantial rewording of section. See
823 s. 339.85, F.S., for present text.)
824 339.85 Next-generation Traffic Signal Modernization Grant
825 Program.—
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826 (1) The Legislature finds that:
827 (a) This state's growing population and economic activity
828 place increasing demands on public roads, resulting in
829 congestion, delay, and avoidable crashes at signalized
830 intersections.
831 (b) Modern signal control systems that incorporate
832 artificial intelligence and machine learning (AI/ML) can
833 dynamically optimize timing plans in response to real-time
834 conditions, improving travel time reliability, reducing
835 secondary crashes, and lowering emissions from idling vehicles.
836 (c) Intersections are often owned or operated by local
837 governments, yet the benefits of improved operations accrue to
838 the traveling public statewide; therefore, a coordinated state-
839 local partnership is in the public interest.
840 (d) Leveraging AI/ML for signal operations complements
841 existing investments in managed lanes, transit priority,
842 connected vehicle pilots, emergency preemption, and freight
843 corridors, and can be deployed at comparatively low cost and
844 high speed.
845 (e) A voluntary, performance-based grant program with
846 local matching funds will accelerate deployment of signal
847 modernizations while protecting taxpayers through measurable
848 outcomes and transparent reporting.
849 (2) The department shall implement a Next-generation
850 Traffic Signal Modernization Grant Program. The purpose of the
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851 program is to assist counties and municipalities in upgrading
852 eligible signalized intersections with AI/ML-enabled detection,
853 controllers, communications, and software that prioritizes
854 modernization in key corridors across this state.
855 (3)(a) The department shall implement a state-local
856 partnership through a cost-sharing arrangement as follows:
857 1. Authorize the department to fund first-year pilot
858 corridors at up to 80 percent of eligible costs, with a minimum
859 20 percent local contribution.
860 2. Authorize the department to fund 50 percent of ensuing
861 year research and development and installation.
862 (b) Ongoing maintenance after signal modernization shall
863 be the responsibility of the local government and the vendor.
864 (4) The department may waive any local match requirement
865 for state-owned or state-operated intersections.
866 (5) The department shall prioritize grant applications for
867 intersections at which a signal modernization will measurably:
868 (a) Reduce average control delay and corridor travel
869 times.
870 (b) Improve surrogate safety measures, such as failures to
871 stop at red lights and hard-braking events, and support
872 emergency vehicle preemption.
873 (c) Provide transit signal priority and multimodal
874 benefits to pedestrians and cyclists.
875 (6) The department shall use competitive procurement as
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876 provided in chapter 287 to find a vendor or vendors that uses
877 state-of-the-art technology that complies with leading
878 cybersecurity standards, such as SOC 2 and ISO 27001, ensuring
879 robust data protection. The program shall also:
880 (a) Require open, interoperable, and secure systems that
881 avoid vendor lock in and protect cybersecurity.
882 (b) Ensure data transparency through standardized
883 performance dashboards and annual public reports demonstrating
884 benefits relative to cost.
885 (c) Coordinate with metropolitan planning organizations,
886 regional traffic management centers, and law enforcement, fire
887 rescue, and transit agencies to maximize systemwide benefits.
888 (d) Encourage use of state-based pilots, sandboxes, and
889 independent evaluations to validate performance before large-
890 scale rollout.
891 (e) Support workforce development and local operations
892 staff training so upgrades remain effective over the life of the
893 equipment.
894 (7) Beginning in fiscal year 2026-2027, $20 million is
895 appropriated annually from the State Transportation Trust Fund
896 to the department to fund the Next-generation Traffic Signal
897 Modernization Grant Program as described in this section.
898 Section 21. Section 207.003, Florida Statutes, is amended
899 to read:
900 207.003 Privilege tax levied.—A tax for the privilege of
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901 operating any qualified commercial motor vehicle upon the public
902 highways of this state shall be levied upon every motor carrier
903 at a rate which includes the minimum rates provided in parts I-
904 III of chapter 206 on each gallon of diesel fuel or motor fuel
905 used for the propulsion of a qualified commercial motor vehicle
906 by such motor carrier within this the state.
907 Section 22. Section 207.008, Florida Statutes, is amended
908 to read:
909 207.008 Retention of records by motor carrier.—Each
910 licensed registered motor carrier shall maintain and keep
911 pertinent records and papers as may be required by the
912 department for the reasonable administration of this chapter and
913 shall preserve the records upon which each quarterly tax return
914 is based for 4 years after following the due date or filing date
915 of the return, whichever is later.
916 Section 23. Subsection (3) of section 207.011, Florida
917 Statutes, is amended to read:
918 207.011 Inspection of records; hearings; forms; rules.—
919 (3) The department, or any authorized agent thereof, may
920 is authorized to examine the records, books, papers, and
921 equipment of any motor carrier, any retail dealer of motor
922 diesel fuels, and any wholesale distributor of diesel fuels or
923 motor fuels which that are deemed necessary to verify the truth
924 and accuracy of any statement, or report, or return and
925 ascertain whether the tax imposed by this chapter has been paid.
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926 Section 24. Section 207.013, Florida Statutes, is amended
927 to read:
928 207.013 Suits for collection of unpaid taxes, penalties,
929 and interest.—Upon demand of the department, the Department of
930 Legal Affairs or the state attorney for a judicial circuit shall
931 bring appropriate actions, in the name of the state or in the
932 name of the Department of Highway Safety and Motor Vehicles in
933 the capacity of its office, for the recovery of taxes,
934 penalties, and interest due under this chapter; and judgment
935 shall be rendered for the amount so found to be due together
936 with costs. However, if it is shall be found as a fact that such
937 claim for, or grant of, an exemption or credit was willful on
938 the part of any motor carrier, retail dealer, or distributor of
939 diesel fuel or motor fuel, judgment must shall be rendered for
940 double the amount of the tax found to be due with costs. The
941 department may employ an attorney at law to institute and
942 prosecute proper proceedings to enforce payment of the taxes,
943 penalties, and interest provided for by this chapter and may fix
944 the compensation for the services of such attorney at law.
945 Section 25. Subsection (3) of section 207.014, Florida
946 Statutes, is amended to read:
947 207.014 Departmental warrant for collection of unpaid
948 taxes.—
949 (3) In the event there is a contest or claim of any kind
950 with reference to the property levied upon or the amount of
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951 taxes, costs, or penalties due, such contest or claim must shall
952 be tried in the circuit court in and for the county in which the
953 warrant was executed, as nearly as may be in the same manner and
954 means as such contest or claim would have been tried in such
955 court had the warrant originally issued upon a judgment rendered
956 by such court. The warrant issued as provided in this section
957 constitutes shall constitute prima facie evidence of the amount
958 of taxes, interest, and penalties due to the state by the motor
959 carrier,; and the burden of proof is shall be upon the motor
960 carrier, retail dealer, or distributor of diesel fuel or motor
961 fuel to show that the amounts or penalties were incorrect.
962 Section 26. Subsections (1) and (3) of section 207.023,
963 Florida Statutes, are amended to read:
964 207.023 Authority to inspect vehicles, make arrests, seize
965 property, and execute warrants.—
966 (1) As a part of their responsibility when inspecting
967 qualified motor commercial vehicles, the Department of Highway
968 Safety and Motor Vehicles, the Department of Agriculture and
969 Consumer Services, and the Department of Transportation shall
970 ensure that all vehicles are properly qualified under the
971 provisions of this chapter.
972 (3) Qualified commercial motor vehicles owned or operated
973 by any motor carrier who refuses to comply with this chapter may
974 be seized by authorized agents or employees of the Department of
975 Highway Safety and Motor Vehicles, the Department of Agriculture
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976 and Consumer Services, or the Department of Transportation; or
977 authorized agents and employees of any of these departments also
978 may seize property as set out in ss. 206.205, 206.21, and
979 206.215. Upon such seizure, the property must shall be
980 surrendered without delay to the sheriff of the county where the
981 property was seized for further proceedings.
982 Section 27. Subsections (1) and (6) of section 207.0281,
983 Florida Statutes, are amended to read:
984 207.0281 Registration; Cooperative reciprocal agreements
985 between states.—
986 (1) The Department of Highway Safety and Motor Vehicles
987 may enter into a cooperative reciprocal agreement, including,
988 but not limited to, the International Fuel Tax fuel-tax
989 Agreement, with another state or group of states for the
990 administration of the tax imposed by this chapter. An agreement
991 arrangement, declaration, or amendment is not effective until
992 stated in writing and filed with the Department of Highway
993 Safety and Motor Vehicles.
994 (6) This section and the contents of any reciprocal
995 agreement entered into under this section supersede all other
996 fuel-tax requirements of this chapter for qualified commercial
997 motor vehicles.
998 Section 28. Paragraph (aa) of subsection (7) of section
999 212.08, Florida Statutes, is amended to read:
1000 212.08 Sales, rental, use, consumption, distribution, and
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1001 storage tax; specified exemptions.—The sale at retail, the
1002 rental, the use, the consumption, the distribution, and the
1003 storage to be used or consumed in this state of the following
1004 are hereby specifically exempt from the tax imposed by this
1005 chapter.
1006 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
1007 entity by this chapter do not inure to any transaction that is
1008 otherwise taxable under this chapter when payment is made by a
1009 representative or employee of the entity by any means,
1010 including, but not limited to, cash, check, or credit card, even
1011 when that representative or employee is subsequently reimbursed
1012 by the entity. In addition, exemptions provided to any entity by
1013 this subsection do not inure to any transaction that is
1014 otherwise taxable under this chapter unless the entity has
1015 obtained a sales tax exemption certificate from the department
1016 or the entity obtains or provides other documentation as
1017 required by the department. Eligible purchases or leases made
1018 with such a certificate must be in strict compliance with this
1019 subsection and departmental rules, and any person who makes an
1020 exempt purchase with a certificate that is not in strict
1021 compliance with this subsection and the rules is liable for and
1022 shall pay the tax. The department may adopt rules to administer
1023 this subsection.
1024 (aa) Qualified motor certain commercial vehicles.—Also
1025 exempt is the sale, lease, or rental of a qualified commercial
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1026 motor vehicle as defined in s. 207.002, when the following
1027 conditions are met:
1028 1. The sale, lease, or rental occurs between two commonly
1029 owned and controlled corporations;
1030 2. Such vehicle was titled and registered in this state at
1031 the time of the sale, lease, or rental; and
1032 3. Florida sales tax was paid on the acquisition of such
1033 vehicle by the seller, lessor, or renter.
1034 Section 29. Subsection (6) of section 316.455, Florida
1035 Statutes, is amended to read:
1036 316.455 Other equipment.—Every motorcycle and every motor-
1037 driven cycle when operated upon a highway shall comply with the
1038 requirements and limitations of:
1039 (6) Section 316.272 on the requirement for mufflers and
1040 prevention of noise.
1041
1042 A violation of this section is a noncriminal traffic infraction,
1043 punishable as a nonmoving violation as provided in chapter 318.
1044 Section 30. Paragraphs (a) and (b) of subsection (4) of
1045 section 316.545, Florida Statutes, are amended to read:
1046 316.545 Weight and load unlawful; special fuel and motor
1047 fuel tax enforcement; inspection; penalty; review.—
1048 (4)(a) A commercial vehicle may not be operated over the
1049 highways of this state unless it has been properly licensed
1050 registered under s. 207.004. Whenever any law enforcement
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1051 officer identified in s. 207.023(1), upon inspecting the vehicle
1052 or combination of vehicles, determines that the vehicle is in
1053 violation of s. 207.004, a penalty in the amount of $50 shall be
1054 assessed, and the vehicle may be detained until payment is
1055 collected by the law enforcement officer.
1056 (b) In addition to the penalty provided for in paragraph
1057 (a), the vehicle may be detained until the owner or operator of
1058 the vehicle furnishes evidence that the vehicle has been
1059 properly licensed registered pursuant to s. 207.004. Any officer
1060 of the Florida Highway Patrol or agent of the Department of
1061 Transportation may issue a temporary fuel-use fuel use permit
1062 and collect the appropriate fee as provided for in s. 207.004(5)
1063 s. 207.004(4). Notwithstanding the provisions of subsection (6),
1064 all permit fees collected pursuant to this paragraph shall be
1065 transferred to the Department of Highway Safety and Motor
1066 Vehicles to be allocated pursuant to s. 207.026.
1067 Section 31. Subsection (24) of section 318.18, Florida
1068 Statutes, is amended to read:
1069 318.18 Amount of penalties.—The penalties required for a
1070 noncriminal disposition pursuant to s. 318.14 or a criminal
1071 offense listed in s. 318.17 are as follows:
1072 (24) In addition to any penalties imposed, a fine of $200
1073 for a first offense and a fine of $500 for a second or
1074 subsequent offense for a violation of s. 316.293(5).
1075 Section 32. Paragraph (b) of subsection (1) of section
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1076 319.35, Florida Statutes, is amended to read:
1077 319.35 Unlawful acts in connection with motor vehicle
1078 odometer readings; penalties.—
1079 (1)
1080 (b) It is unlawful for any person to knowingly provide
1081 false information on the odometer readings required pursuant to
1082 ss. 319.23(3) and 320.02(2)(d) 320.02(2)(b).
1083 Section 33. Paragraph (c) of subsection (1) of section
1084 324.171, Florida Statutes, is amended to read:
1085 324.171 Self-insurer.—
1086 (1) Any person may qualify as a self-insurer by obtaining
1087 a certificate of self-insurance from the department which may,
1088 in its discretion and upon application of such a person, issue
1089 said certificate of self-insurance when such person has
1090 satisfied the requirements of this section to qualify as a self-
1091 insurer under this section:
1092 (c) The owner of a qualified commercial motor vehicle, as
1093 defined in s. 207.002 or a commercial motor vehicle as defined
1094 in s. 320.01, may qualify as a self-insurer subject to the
1095 standards provided for in subparagraph (b)2.
1096 Section 34. Paragraph (c) of subsection (11) of section
1097 403.061, Florida Statutes, is amended to read:
1098 403.061 Department; powers and duties.—The department
1099 shall have the power and the duty to control and prohibit
1100 pollution of air and water in accordance with the law and rules
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1101 adopted and promulgated by it and, for this purpose, to:
1102 (11) Establish ambient air quality and water quality
1103 standards for the state as a whole or for any part thereof, and
1104 also standards for the abatement of excessive and unnecessary
1105 noise. The department is authorized to establish reasonable
1106 zones of mixing for discharges into waters. For existing
1107 installations as defined by rule 62-520.200(10), Florida
1108 Administrative Code, effective July 12, 2009, zones of discharge
1109 to groundwater are authorized horizontally to a facility's or
1110 owner's property boundary and extending vertically to the base
1111 of a specifically designated aquifer or aquifers. Such zones of
1112 discharge may be modified in accordance with procedures
1113 specified in department rules. Exceedance of primary and
1114 secondary groundwater standards that occur within a zone of
1115 discharge does not create liability pursuant to this chapter or
1116 chapter 376 for site cleanup, and the exceedance of soil cleanup
1117 target levels is not a basis for enforcement or site cleanup.
1118 (c) The department, by rule, shall establish water quality
1119 criteria for wetlands which criteria give appropriate
1120 recognition to the water quality of such wetlands in their
1121 natural state.
1122
1123 This act may not be construed to invalidate any existing
1124 department rule relating to mixing zones. The department shall
1125 cooperate with the Department of Highway Safety and Motor
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1126 Vehicles in the development of regulations required by s.
1127 316.272(1).
1128
1129 The department shall implement such programs in conjunction with
1130 its other powers and duties and shall place special emphasis on
1131 reducing and eliminating contamination that presents a threat to
1132 humans, animals or plants, or to the environment.
1133 Section 35. Subsection (9) of section 403.415, Florida
1134 Statutes, is amended to read:
1135 403.415 Motor vehicle noise.—
1136 (9) OPERATING VEHICLE NOISE MEASUREMENTS.—The department
1137 shall establish, with the cooperation of the Department of
1138 Highway Safety and Motor Vehicles, measurement procedures for
1139 determining compliance of operating vehicles with the noise
1140 limits of s. 316.293(2). The department shall advise the
1141 Department of Highway Safety and Motor Vehicles on technical
1142 aspects of motor vehicle noise enforcement regulations, assist
1143 in the training of enforcement officers, and administer a sound-
1144 level meter loan program for local enforcement agencies.
1145 Section 36. Section 627.7415, Florida Statutes, is amended
1146 to read:
1147 627.7415 Commercial or qualified motor vehicles;
1148 additional liability insurance coverage.—Commercial motor
1149 vehicles, as defined in s. 207.002 or s. 320.01 and qualified
1150 motor vehicles as defined in s. 207.002, operated upon the roads
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1151 and highways of this state must shall be insured with the
1152 following minimum levels of combined bodily liability insurance
1153 and property damage liability insurance in addition to any other
1154 insurance requirements:
1155 (1) Fifty thousand dollars per occurrence for a commercial
1156 motor vehicle or qualified motor vehicle with a gross vehicle
1157 weight of 26,000 pounds or more, but less than 35,000 pounds.
1158 (2) One hundred thousand dollars per occurrence for a
1159 commercial motor vehicle or qualified motor vehicle with a gross
1160 vehicle weight of 35,000 pounds or more, but less than 44,000
1161 pounds.
1162 (3) Three hundred thousand dollars per occurrence for a
1163 commercial motor vehicle or qualified motor vehicle with a gross
1164 vehicle weight of 44,000 pounds or more.
1165 (4) All commercial motor vehicles and qualified motor
1166 vehicles subject to regulations of the United States Department
1167 of Transportation, 49 C.F.R. part 387, subparts A and B, and as
1168 may be hereinafter amended, must shall be insured in an amount
1169 equivalent to the minimum levels of financial responsibility as
1170 set forth in such regulations.
1171
1172 A violation of this section is a noncriminal traffic infraction,
1173 punishable as a nonmoving violation as provided in chapter 318.
1174 Section 37. This act shall take effect July 1, 2026.
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HB 543
Transportation
AMENDMENT SUMMARY
January 21, 2026
Amendment #118977 by McFarland (strike-all):
• Requires the Florida Department of Transportation (FDOT) to increase yellow
traffic signal intervals only at intersections equipped with a traffic infraction
detector.
• Removes provisions of the bill related to motor fuel taxation.
• Removes provisions of the bill related to off-highway vehicles.
• Introduces a fine for violation of conditions on the use of automated license plate
recognition systems.
• Authorizes counties or municipalities to set lower speed limits for vehicles on
certain roads under specified conditions.
• Clarifies provisions of the bill related to vehicle exhaust systems and noise
emission standards.
• Clarifies requirements related to electronic credentialing systems for digital
proofs of driver licenses and identification cards.
• Requires FDOT to establish by rule procedures for and additional conditions
under which FDOT may make direct payments to first-tier subcontractors.
• Clarifies provisions related to requirements and qualifications for sureties to
execute takeover agreements with FDOT.
• Removes legislative findings and clarifies provisions of the bill related to the
Next-generation Traffic Signal Modernization Grant Program.
• Removes provision of the bill related to knowingly providing false information on
odometer readings.
Amendment to Amendment #118977, #114341 by Plakon:
• Authorizes a vehicle displaying a valid disabled parking permit or plate to
occupy more than once parking space under specified conditions.
• Prohibits such vehicles from being cited, penalized, or towed under specified
circumstances.
Amendment to Amendment #118977, #484885 by Jacques:
• Provides that the use of license plate frames and decorative borders is not a
criminal offense under specified conditions.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2026)
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: Commerce Committee
2 Representative McFarland offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. The Department of Transportation shall increase
7 the minimum perception-reaction time for each steady yellow
8 signal located at an intersection equipped with a traffic
9 infraction detector by 0.4 seconds.
10 Section 2. Subsection (4) of section 311.10, Florida
11 Statutes, is transferred, renumbered as section 311.15, Florida
12 Statutes, and amended to read:
13 311.15 Seaports; cargo facilities; reporting requirements
14 311.10 Strategic Port Investment Initiative.—
15 (1) As used in this section, the term:
16 (a) "Cargo purposes" means any facility, activity,
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Bill No. HB 543 (2026)
Amendment No.
17 property, energy source, or infrastructure asset that is not
18 intended to facilitate the transport of passengers and includes,
19 but is not limited to, such facilities, activities, properties,
20 energy sources, or infrastructure assets that support spaceport
21 activities.
22 (b) "Commercial space launch industry" means any company
23 substantially engaged in the transport, operation, and recovery
24 of space launch or landing services with active maritime
25 operations.
26 (2) Beginning February 1, 2027, and each February 1
27 thereafter, each seaport located in a county in which real
28 property is designated as spaceport territory under s. 331.304
29 and that uses land, facilities, or infrastructure for the
30 purpose of supporting spacecraft launch and recovery operations
31 must submit a report to the chair of the Space Florida board of
32 directors which describes all measures the seaport has taken to
33 support the commercial space launch industry. The seaport must
34 post a copy of the report on its website once it has been
35 submitted to the chair of the board.
36 (3)(4) As a condition of receiving a project grant under
37 any program established in this chapter and as a condition of
38 receiving state funds as described in s. 215.31, A seaport that
39 is located in a county in which real property is designated as
40 spaceport territory under s. 331.304 and that uses land,
41 facilities, or infrastructure for the purpose of supporting
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Amendment No.
42 spacecraft launch and recovery operations must, in any agreement
43 with the Department of Transportation, agree that the seaport
44 may not convert any planned or existing land, facility, or
45 infrastructure that supports cargo purposes to any alternative
46 purpose unless all of the following conditions are met:
47 (a) The governing board of the seaport must provide public
48 notice as provided in s. 50.011 at least 30 days before holding
49 a public meeting on the proposed conversion.
50 (b) Before approving the proposed conversion, the
51 governing board of the seaport must prepare or cause to be
52 prepared a report estimating the impact of the conversion on the
53 cargo operations of the seaport. The report must be prominently
54 posted on the seaport's website at least 30 days before holding
55 a public meeting on the proposed conversion.
56 (c) The conversion must be is approved by a two-thirds
57 vote of by the seaport's governing board of the seaport at a
58 publicly noticed meeting as a separate line on the agenda and
59 with a reasonable opportunity for public comment., and, if
60 approved,
61 (4) The Legislature must expressly approve approves the
62 use of state funds for any a project that includes the such a
63 conversion of any planned or existing land, facility, or
64 infrastructure that supports cargo purposes to any alternative
65 purpose, whether by a work program amendment or through the
66 General Appropriations Act. As used in this subsection, the term
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Amendment No.
67 "cargo purposes" includes, but is not limited to, any facility,
68 activity, property, energy source, or infrastructure asset that
69 supports spaceport activities.
70 Section 3. Subsection (41) of section 316.003, Florida
71 Statutes, is amended to read:
72 316.003 Definitions.—The following words and phrases, when
73 used in this chapter, shall have the meanings respectively
74 ascribed to them in this section, except where the context
75 otherwise requires:
76 (41) MICROMOBILITY DEVICE.—A motorized transportation
77 device designed for individual use which is typically 20 to 36
78 inches in width and 50 pounds or less in weight and which
79 operates at a speed of typically less than 15 miles per hour but
80 no more than 28 miles per hour. This term includes devices both
81 a human-powered and a nonhuman-powered device such as an a
82 bicycle, electric bicycle and a, motorized scooter, or any other
83 device that is owned by an individual or part of a shared fleet.
84 Section 4. Subsections (3), (4), and (5) of section
85 316.0777, Florida Statutes, are renumbered as subsections (4),
86 (5), and (6), respectively, and a new subsection (3) and
87 subsection (7) are added to that section to read:
88 316.0777 Automated license plate recognition systems;
89 installation within rights-of-way of State Highway System and on
90 and within property owned or controlled by private entity;
91 public records exemption.—
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Amendment No.
92 (3) A private entity may install an automated license
93 plate recognition system solely for use on and within the
94 property owned or controlled by the entity and for a public
95 safety-related purpose. A private entity that installs such a
96 system:
97 (a) May not access vehicle registration data generated by
98 the system, except to the extent that such data cannot
99 reasonably be linked to an identified or identifiable
100 individual.
101 (b) May not share or sell images or data generated by the
102 system, except to the extent required to respond to a lawful
103 request from a law enforcement agency.
104 (c) Must contractually obligate any third party that
105 installs, maintains, or operates the system to protect the
106 images or data generated by the system from disclosure,
107 including a prohibition on sharing or selling such images or
108 data, except to the extent required to respond to a lawful
109 request from a law enforcement agency.
110 (d) May not offer or provide as payment or other
111 consideration any portion of the proceeds derived from a fine or
112 charge imposed based on images or data generated by the system
113 to any third party that installs, maintains, or operates the
114 system.
115 (7) An individual who uses or releases such information
116 for a purpose not specifically authorized by law commits a
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Amendment No.
117 noncriminal infraction, punishable by a fine not exceeding
118 $2,000.
119 Section 5. Subsection (2) of section 316.183, Florida
120 Statutes, is amended to read:
121 316.183 Unlawful speed.—
122 (2) On all streets or highways, the maximum speed limits
123 for all vehicles must be 30 miles per hour in business or
124 residence districts, and 55 miles per hour at any time at all
125 other locations. However, with respect to a residence district,
126 a county or municipality may set a lower maximum speed limit of
127 20 or 25 miles per hour on local streets and highways after an
128 investigation determines that such a limit is reasonable. It is
129 not necessary to conduct a separate investigation for each
130 residence district. The minimum speed limit on all highways that
131 comprise a part of the National System of Interstate and Defense
132 Highways and have not fewer than four lanes is 40 miles per
133 hour, except that when the posted speed limit is 70 miles per
134 hour, the minimum speed limit is 50 miles per hour.
135 Section 6. Paragraph (a) of subsection (2) of section
136 316.189, Florida Statutes, is amended to read:
137 316.189 Establishment of municipal and county speed
138 zones.—
139 (2) SPEED ON COUNTY ROADS.—The maximum speed on any
140 county-maintained road is:
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141 (a) In any business or residence district, 30 miles per
142 hour in the daytime or nighttime; provided that with respect to
143 residence districts a county may set a lower maximum speed limit
144 of 25 miles per hour after an investigation determines that such
145 a limit is reasonable; and it shall not be necessary to conduct
146 a separate investigation in each residence district.
147
148 However, the board of county commissioners may set speed zones
149 altering such speeds, both as to maximum and minimum, after
150 investigation determines such a change is reasonable and in
151 conformity to criteria promulgated by the Department of
152 Transportation, except that no such speed zone shall permit a
153 speed of more than 60 miles per hour.
154 Section 7. Subsection (2) of section 316.20655, Florida
155 Statutes, is amended to read:
156 316.20655 Electric bicycle regulations.—
157 (2) An electric bicycle as defined in s. 316.003 or an
158 operator of an electric bicycle is not subject to the provisions
159 of law relating to financial responsibility, driver or motor
160 vehicle licenses, vehicle registration, title certificates, off-
161 highway motorcycles, or off-highway vehicles.
162 Section 8. Sections 316.272 and 316.293, Florida Statutes,
163 are repealed.
164 Section 9. Subsections (2) through (5) of section
165 316.3045, Florida Statutes, are renumbered as subsections (3)
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Amendment No.
166 through (6), respectively, and a new subsection (2) is added to
167 that section, to read:
168 316.3045 Operation of radios or other mechanical or
169 electronic soundmaking devices or instruments in vehicles;
170 exhaust systems; prevention of noise; exemptions.—
171 (2) Every motor vehicle that is required by federal law or
172 regulation to be equipped with an exhaust system shall at all
173 times be equipped with and maintain an exhaust system in good
174 working order including muffler, manifold pipe, and tailpiping
175 to prevent excessive or unusual noise. In no event shall an
176 exhaust system allow excessive or unusual noise at a level
177 plainly audible at a distance of 100 feet or more from the motor
178 vehicle. This subsection does not apply to a motorcycle or moped
179 that does not exceed United States Environmental Protection
180 Agency noise emissions standards in 40 C.F.R. s. 205.152.
181 Section 10. Section 319.1401, Florida Statutes, is created
182 to read:
183 319.1401 Titling and registering golf carts converted to
184 low-speed vehicles.—A golf cart converted to a low-speed vehicle
185 may be titled and registered for operation on certain roads
186 without an inspection by the department. The owner of the low-
187 speed vehicle shall affirm in writing that the vehicle complies
188 with the requirements of chapter 316 and shall be assigned an
189 identification number by the department. The identification
190 number shall be unique to the low-speed vehicle and used for the
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Amendment No.
191 issuance of a title and registration for the vehicle.
192 Section 11. Section 322.032, Florida Statutes, is amended
193 to read:
194 322.032 Digital proof of driver license or identification
195 card; electronic credential autonomy and verification
196 integrity.—
197 (1) As used in this section, the term:
198 (a) "Credentialholder" means a person who is issued a
199 digital proof of driver license or identification card.
200 (b)(a) "Digital proof of driver license" means an
201 electronic credential viewable on an electronic credentialing
202 system.
203 (c)(b) "Digital proof of identification card" means an
204 electronic credential viewable on an electronic credentialing
205 system.
206 (d)(c) "Electronic credentialing system" means a computer
207 system accessed using a computer, a cellular telephone, or any
208 other personal device which queries the department's driver
209 license and identification card records, displays or transmits
210 digital proofs of driver licenses and identification cards, and
211 verifies the authenticity of those electronic credentials.
212 (e)(d) "Limited profile" means an electronic credential
213 containing some, but not all, of the information displayed on a
214 printed driver license or identification card.
215 (f)(e) "Scanning" means obtaining data from a digital
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Amendment No.
216 proof of driver license or identification card in an electronic
217 format.
218 (2)(a) The department shall establish a secure and uniform
219 system for issuing an optional digital proof of driver license
220 or identification card. The department may contract with one or
221 more private entities to develop an electronic credentialing
222 system.
223 (b) The electronic credentialing system may not retain
224 Internet protocol addresses, geolocation data, or other
225 information that describes the location, computer, computer
226 system, or computer network from which a customer accesses the
227 system.
228 (c) In accordance with ISO 18013-5 and 18013-7, the
229 electronic credentialing system must:
230 1. Require the explicit consent of the credentialholder
231 before performing any communication.
232 2. Provide offline cryptographic verification mechanisms
233 that:
234 a. Do not require communication with the department.
235 b. Are fully auditable and interoperable with open
236 standards.
237 c. Preserve the anonymity and unlinkability of
238 transactions unless explicitly waived by the credentialholder.
239 3. Adhere to data minimization principles, including
240 collecting only the minimum data strictly necessary to fulfill
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Amendment No.
241 the stated purpose of verification.
242 4. Release data only for a single, clearly defined, and
243 limited purpose that is explicitly communicated to the
244 credentialholder.
245 5. Implement measures to ensure that the electronic
246 credentials are updated as changes occur to the
247 credentialholder's record.
248 (d) The department must:
249 1. Ensure that data is not reused, repurposed, shared, or
250 transmitted beyond the initial purpose without the explicit
251 consent of the credentialholder.
252 2. Securely delete data or render data irreversibly
253 anonymized immediately upon fulfillment of the stated purpose
254 unless a longer retention period is required by law and narrowly
255 tailored to that legal necessity.
256 (e) Electronic credential verifiers must:
257 1. Perform full cryptographic validation of electronic
258 credential authenticity, integrity, and issuer attribution
259 without requiring online access to external systems, the
260 department's systems, or any state system.
261 2. Retain only temporary user-authorized verification data
262 that is strictly necessary for the transaction.
263 3. Create written strict data minimization principles that
264 must be provided to a credentialholder upon request.
265 (f) Electronic credentials must:
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Amendment No.
266 1. Be issued as tamper-evident, cryptographically
267 verifiable statements capable of being selectively disclosed.
268 2. Contain clear metadata specifying cryptographic
269 material necessary for independent verification.
270 3. Be controlled by the credentialholder, who may choose
271 to disclose only the minimum information necessary for a
272 transaction.
273 4. Provide a credentialholder with the ability to audit
274 verification requests and control the sharing of electronic
275 credential attributes.
276 (3)(a) The digital proof of driver license or
277 identification card established by the department or by an
278 entity contracted by the department must be in such a format as
279 to allow verification of the authenticity of the digital proof
280 of driver license or identification card. The department may
281 adopt rules to ensure valid authentication of digital driver
282 licenses and identification cards.
283 (b)1. Notwithstanding ss. 322.14-322.142, and any other
284 law prescribing the design for, or information required to be
285 displayed on, a driver license, a digital proof of driver
286 license may comprise a limited profile that includes only
287 information necessary to conduct a specific transaction on the
288 electronic credentialing system.
289 2. Notwithstanding ss. 322.051 and 322.141, and any other
290 law prescribing the design for, or information required to be
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Amendment No.
291 displayed on, an identification card, a digital proof of
292 identification card may comprise a limited profile that includes
293 only information necessary to conduct a specific transaction on
294 the electronic credentialing system.
295 (4) A person may not be issued a digital proof of driver
296 license or identification card until he or she satisfies all
297 requirements of this chapter for issuance of the respective
298 driver license or identification card and has been issued a
299 printed driver license or identification card. The electronic
300 credentialing system must, upon each presentation of a digital
301 driver license or identification card, display or transmit
302 current records for the driver license or identification card.
303 If a licensee's driving privilege is suspended, revoked, or
304 disqualified, or if his or her driver license is otherwise
305 canceled or expired, a digital proof of driver license may not
306 be issued; however, a digital proof of identification card may
307 be issued if the licensee is otherwise eligible for an
308 identification card under s. 322.051.
309 (5) The department may use a telephone number submitted by
310 a licensee or cardholder in connection with a digital driver
311 license or identification card only for purposes of
312 communication regarding the digital proof of driver license or
313 identification card or the motor vehicle records, as defined in
314 s. 119.0712(2)(a), of the licensee or cardholder.
315 (6) The department may enter into contracts with one or
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Bill No. HB 543 (2026)
Amendment No.
316 more private entities which authorize online data calls or
317 offline data verification through the electronic credentialing
318 system that queries the department's driver license and
319 identification card records, displays or transmits digital
320 proofs of driver licenses or identification cards, or verifies
321 the authenticity of such electronic credentials.
322 (7)(a) Except as provided in paragraph (b), a private
323 entity that scans a digital proof of driver license or
324 identification card may not store, sell, or share personal
325 information collected from such scanning of the digital proof of
326 driver license or identification card unless:
327 1. The credentialholder has provided clear and informed
328 consent.
329 2. The retention serves a legally justified, narrowly
330 tailored, and time-limited purpose.
331 (b) A credentialholder An individual may consent to allow
332 a private entity to collect and store personal information
333 obtained by scanning his or her digital proof of driver license
334 or identification card. However, the credentialholder individual
335 must be informed what information is collected and the purpose
336 or purposes for which the information will be used. If the
337 credentialholder individual does not want the private entity to
338 scan his or her digital proof of the credentialholder's
339 individual's driver license or identification card, the private
340 entity may manually collect personal information from the
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Amendment No.
341 credentialholder individual.
342 (c) A private entity that violates this subsection is
343 subject to a civil penalty not to exceed $5,000 per occurrence,
344 suspension of eligibility to participate in the electronic
345 credentialing system, and public disclosure of the private
346 entity's noncompliance.
347 (d) This subsection does not apply to a financial
348 institution as defined in s. 655.005(1)(i).
349 (8) Courts shall afford strict scrutiny to any unnecessary
350 government or commercial surveillance or remote verification
351 practices that do not comply with this section.
352 (9)(8) A person who:
353 (a) Manufactures a false digital proof of driver license
354 or identification card commits a felony of the third degree,
355 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
356 (b) Possesses a false digital proof of driver license or
357 identification card commits a misdemeanor of the second degree,
358 punishable as provided in s. 775.082.
359 Section 12. Paragraph (d) is added to subsection (11) of
360 section 337.11, Florida Statutes, to read:
361 337.11 Contracting authority of department; bids;
362 emergency repairs, supplemental agreements, and change orders;
363 combined design and construction contracts; progress payments;
364 records; requirements of vehicle registration.—
365 (11)
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Amendment No.
366 (d)1. The department may make direct payments to first-
367 tier subcontractors. The department shall adopt by rule
368 procedures to implement this subsection to establish the
369 conditions under which such payments may be made and shall
370 consider, at a minimum, whether:
371 a. The contractor has not requested payment from the
372 department for at least 6 months.
373 b. There is a binding, written subcontract between the
374 contractor and the subcontractor, and the department is in
375 possession of a complete copy of the subcontract.
376 c. The subcontractor has performed work that is unpaid by
377 the contractor, and the department has sufficient documentation
378 of such unpaid work.
379 d. There is no bona fide, documented dispute between the
380 contractor and the subcontractor.
381 2. Any amounts paid by the department under this paragraph
382 shall be deducted from amounts otherwise due the contractor.
383 Section 13. Subsection (6) of section 337.18, Florida
384 Statutes, is renumbered as subsection (7), and a new subsection
385 (6) is added to that section, to read:
386 337.18 Surety bonds for construction or maintenance
387 contracts; requirement with respect to contract award; bond
388 requirements; defaults; damage assessments.—
389 (6) If the department and the surety enter into a takeover
390 agreement, the agreement shall require the surety's completion
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Amendment No.
391 contractor to possess a certificate of qualification in the
392 respective work classes listed in the original contract bid
393 solicitation as provided in s. 337.14 and to follow the
394 department's procedures regarding the certification of
395 disbursement of payment to subcontractors.
396 Section 14. Section 339.85, Florida Statutes, is amended
397 to read:
398 (Substantial rewording of section. See
399 s. 339.85, F.S., for present text.)
400 339.85 Next-generation Traffic Signal Modernization Grant
401 Program.—
402 (1) The department shall implement a Next-generation
403 Traffic Signal Modernization Grant Program. The purpose of the
404 program is to assist counties and municipalities in upgrading
405 eligible signalized intersections with artificial
406 intelligence/machine learning-enabled detection, controllers,
407 communications, and software that prioritizes modernization in
408 key corridors across this state.
409 (2)(a) The department shall implement a state-local
410 partnership under which the department, upon application for
411 grant funding from a county or municipality, may provide funding
412 through a cost-sharing arrangement as follows:
413 1. For the purchase and installation of AI/ML signal
414 technology to be used at first-year pilot corridors, the
415 department may fund up to 80 percent of eligible costs, with a
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Bill No. HB 543 (2026)
Amendment No.
416 minimum 20 percent local contribution.
417 2. For enhancements or expansion of AI/ML signal
418 technology in subsequent years, the department may fund 50
419 percent of eligible costs.
420 (b) Ongoing maintenance and operation costs after signal
421 modernization shall be the responsibility of the local
422 government and the vendor.
423 (3) The department may waive any local match requirement
424 for state-owned or state-operated intersections.
425 (4) The department shall prioritize grant applications for
426 intersections at which a signal modernization will measurably:
427 (a) Reduce average control delay and corridor travel
428 times.
429 (b) Improve surrogate safety measures, such as failures to
430 stop at red lights and hard-braking events, and support
431 emergency vehicle preemption.
432 (c) Provide transit signal priority and multimodal
433 benefits to pedestrians and cyclists.
434 (5) The department shall use competitive procurement as
435 provided in chapter 287 to identify one or more AI/ML signal
436 technology vendors that use state-of-the-art technology that
437 complies with leading cybersecurity standards, such as SOC 2 and
438 ISO 27001. The department shall prioritize systems where AI/ML
439 software is hardware-agnostic and capable of being deployed on
440 industry-standard computing devices or controllers from multiple
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Amendment No.
441 manufacturers. The program shall ensure, to the extent
442 practicable, that the system or service:
443 (a) Requires open, interoperable, and secure systems that
444 use nonproprietary data formats and protocols that enable
445 interoperability with other state, local, and public safety
446 systems.
447 (b) Provides the agency with unrestricted, real-time
448 access to all data created, received, or maintained by the
449 system.
450 (c) Allows for data migration to another system without
451 dependence on the original vendor's proprietary tools or
452 licensing restrictions.
453 (d) Avoids contract terms for exclusive maintenance,
454 support, or future enhancement services.
455 (6) As a condition of any grant awarded pursuant to this
456 section, any contract between a vendor and a local government
457 must include a provision requiring the vendor to provide, upon
458 notice of contract termination or expiration, all necessary
459 cooperation, technical documentation, and data exports required
460 to migrate services to a successor provider, if requested by the
461 local government. The vendor must provide a reasonable cost
462 range for these services to be included in the original
463 contract.
464 (7) Beginning in fiscal year 2026-2027, $20 million is
465 appropriated annually from the State Transportation Trust Fund
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Amendment No.
466 to the department to fund the Next-generation Traffic Signal
467 Modernization Grant Program as described in this section
468 regardless of previous year expenditures.
469 Section 15. Subsection (6) of section 316.455, Florida
470 Statutes, is amended to read:
471 316.455 Other equipment.—Every motorcycle and every motor-
472 driven cycle when operated upon a highway shall comply with the
473 requirements and limitations of:
474 (6) Section 316.272 on the requirement for mufflers and
475 prevention of noise.
476
477 A violation of this section is a noncriminal traffic infraction,
478 punishable as a nonmoving violation as provided in chapter 318.
479 Section 16. Paragraph (c) of subsection (11) of section
480 403.061, Florida Statutes, is amended to read:
481 403.061 Department; powers and duties.—The department
482 shall have the power and the duty to control and prohibit
483 pollution of air and water in accordance with the law and rules
484 adopted and promulgated by it and, for this purpose, to:
485 (11) Establish ambient air quality and water quality
486 standards for the state as a whole or for any part thereof, and
487 also standards for the abatement of excessive and unnecessary
488 noise. The department is authorized to establish reasonable
489 zones of mixing for discharges into waters. For existing
490 installations as defined by rule 62-520.200(10), Florida
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Bill No. HB 543 (2026)
Amendment No.
491 Administrative Code, effective July 12, 2009, zones of discharge
492 to groundwater are authorized horizontally to a facility's or
493 owner's property boundary and extending vertically to the base
494 of a specifically designated aquifer or aquifers. Such zones of
495 discharge may be modified in accordance with procedures
496 specified in department rules. Exceedance of primary and
497 secondary groundwater standards that occur within a zone of
498 discharge does not create liability pursuant to this chapter or
499 chapter 376 for site cleanup, and the exceedance of soil cleanup
500 target levels is not a basis for enforcement or site cleanup.
501 (c) The department, by rule, shall establish water quality
502 criteria for wetlands which criteria give appropriate
503 recognition to the water quality of such wetlands in their
504 natural state.
505
506 This act may not be construed to invalidate any existing
507 department rule relating to mixing zones. The department shall
508 cooperate with the Department of Highway Safety and Motor
509 Vehicles in the development of regulations required by s.
510 316.272(1).
511
512 The department shall implement such programs in conjunction with
513 its other powers and duties and shall place special emphasis on
514 reducing and eliminating contamination that presents a threat to
515 humans, animals or plants, or to the environment.
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Amendment No.
516 Section 17. Subsection (9) of section 403.415, Florida
517 Statutes, is amended to read:
518 403.415 Motor vehicle noise.—
519 (9) OPERATING VEHICLE NOISE MEASUREMENTS.—The department
520 shall establish, with the cooperation of the Department of
521 Highway Safety and Motor Vehicles, measurement procedures for
522 determining compliance of operating vehicles with the noise
523 limits of s. 316.293(2). The department shall advise the
524 Department of Highway Safety and Motor Vehicles on technical
525 aspects of motor vehicle noise enforcement regulations, assist
526 in the training of enforcement officers, and administer a sound-
527 level meter loan program for local enforcement agencies.
528 Section 18. This act shall take effect July 1, 2026.
529
530 -----------------------------------------------------
531 T I T L E A M E N D M E N T
532 Remove everything before the enacting clause and insert:
533 An act relating to transportation; requiring the
534 Department of Transportation to increase the minimum
535 perception reaction time of all steady yellow signals
536 at certain intersections by a specified amount of
537 time; transferring, renumbering, and amending s.
538 311.10(4), F.S.; defining the terms "cargo purposes"
539 and "commercial space launch industry"; requiring
540 certain seaports to submit an annual report describing
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Bill No. HB 543 (2026)
Amendment No.
541 measures taken to support the commercial space launch
542 industry to the chair of the Space Florida board of
543 directors beginning on a specified date; requiring the
544 seaport to post such report on its website;
545 prohibiting certain seaports from converting planned
546 or existing land, facilities, or infrastructure that
547 supports cargo purposes unless specified conditions
548 are met; requiring legislative approval for the use of
549 state funds for specified projects; amending s.
550 316.003, F.S.; revising the definition of the term
551 "micromobility device"; amending s. 316.0777, F.S.;
552 authorizing a private entity to install an automated
553 license plate recognition system for use on certain
554 property for a specified purpose and providing
555 requirements therefor; providing a penalty; amending
556 s. 316.183, F.S.; authorizing a county or municipality
557 to set a lower maximum speed limit under certain
558 conditions; amending s. 316.189, F.S.; authorizing a
559 county to set a lower maximum speed limit under
560 certain conditions; amending s. 316.20655, F.S.;
561 clarifying a provision; repealing ss. 316.272 and
562 316.293, F.S., relating to the prevention of noise
563 from exhaust systems and motor vehicle noise,
564 respectively; amending s. 316.3045, F.S.; requiring a
565 motor vehicle to be equipped with an exhaust system to
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Amendment No.
566 prevent excessive or unusual noise; prohibiting such
567 system from allowing noise that is audible at a
568 specified distance from the vehicle; providing
569 applicability; amending s. 319.1401, F.S.; authorizing
570 certain golf carts to be titled and registered for
571 operation on certain roads without an inspection by
572 the department and providing requirements therefor;
573 amending s. 322.032, F.S.; defining the term
574 "credentialholder"; providing requirements for an
575 electronic credentialing system; providing exceptions
576 to certain prohibitions; providing for enforcement and
577 penalties; amending s. 337.11, F.S.; authorizing the
578 department to make direct payments to certain
579 subcontractors under specified conditions; requiring
580 the department to adopt rules; amending s. 337.18,
581 F.S.; providing requirements for a takeover agreement;
582 amending s. 339.85, F.S.; requiring the department to
583 implement a Next-generation Traffic Signal
584 Modernization Grant Program; providing program
585 purpose; requiring the department to implement a
586 state-local partnership through a cost-sharing
587 arrangement; providing requirements for such
588 arrangement; authorizing the department to waive local
589 match requirements for certain intersections;
590 requiring the department to prioritize grant
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Page 24 of 25
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2026)
Amendment No.
591 applications for certain intersections and use
592 competitive procurement to find certain vendors;
593 providing program requirements; providing for an
594 annual appropriation; amending ss. 316.455, 403.061,
595 and 403.415, F.S.; conforming provisions to changes
596 made by the act; providing an effective date.
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Page 25 of 25
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2026)
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: Commerce Committee
2 Representative Jacques offered the following:
3
4 Amendment to Amendment (118977) by Representative McFarland
5 (with title amendment)
6 Between lines 191 and 192 of the amendment, insert:
7 Section 11. Subsection (5) is added to section 320.262,
8 Florida Statutes, to read:
9 (5) The use of a license plate frame or decorative border
10 device is not an offense under this section, provided the device
11 does not obscure the visibility of the following:
12 (a) The alphanumeric designation or license plate number.
13 (b) The registration decal or validation sticker located
14 in the upper right corner.
15
16 -----------------------------------------------------
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2026)
Amendment No.
17 T I T L E A M E N D M E N T
18 Remove line 573 of the amendment and insert:
19 amending s. 320.262, F.S.; providing that the use of a
20 license plate frame or decorative border device is not
21 prohibited under specified conditions; amending s.
22 322.032, F.S.; defining the term
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Page 2 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2026)
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: Commerce Committee
2 Representative Plakon offered the following:
3
4 Amendment to Amendment (118977) by Representative McFarland
5 (with title amendment)
6 Between lines 153 and 154 of the amendment, insert:
7 Section 7. Subsection (5) is added to section 316.1955,
8 Florida Statutes, to read:
9 (5)(a) A vehicle displaying a valid disabled parking
10 permit or a license plate issued under s. 316.1958 or s.
11 320.0848 and which is equipped with permanently installed
12 mobility access equipment including, but not limited to,
13 wheelchair ramps or lifts, may occupy more than one parking
14 space when reasonably necessary to deploy such equipment safely,
15 provided that no designated accessible parking spaces are
16 available or sufficient to accommodate the vehicle’s equipment.
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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2026)
Amendment No.
17 (b) A vehicle described in paragraph (a) may not be cited,
18 penalized, or towed solely because the vehicle occupies more
19 than one parking space or exceeds standard parking dimensions,
20 if:
21 1. The vehicle is lawfully displaying a valid disabled
22 parking permit or plate; and
23 2. The vehicle does not block vehicular traffic lanes,
24 emergency access routes, fire lanes, or pedestrian access paths;
25 and
26 3. The vehicle does not create a clear and immediate
27 safety hazard.
28 (c) Prior to towing a vehicle displaying a valid disabled
29 parking permit or plate, a public or private property owner or
30 towing operator must make reasonable efforts to determine
31 whether the vehicle qualifies for the protections of this
32 subsection, unless the vehicle presents an immediate threat to
33 public safety.
34 (d) Nothing in this subsection shall be construed to
35 permit parking in:
36 1. Fire lanes;
37 2. Emergency vehicle access areas;
38 3. Clearly posted no-parking zones; or
39 4. Any location where the vehicle poses an immediate risk
40 to public safety.
41
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 543 (2026)
Amendment No.
42
43 -----------------------------------------------------
44 T I T L E A M E N D M E N T
45 Remove line 560 of the amendment and insert:
46 certain conditions; amending s. 316.1955, F.S.;
47 authorizing vehicles displaying disabled parking
48 permits to occupy more than one parking space under
49 specified conditions; prohibiting such vehicles from
50 being cited, penalized, or towed, under specified
51 circumstances; amending s. 316.20655, F.S.;
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Page 3 of 3
HB 863
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 863 COMPANION BILL: None
TITLE: Arbitration for Disputes with Citizens Property LINKED BILLS: None
Insurance Corporation RELATED BILLS: None
SPONSOR(S): Benarroch
Committee References
Insurance & Banking Commerce
17 Y, 0 N
SUMMARY
Effect of the Bill:
The bill removes Citizens Property Insurance Corporations’ (Citizens) ability to require policyholders to resolve
claim disputes before the Division of Administrative Hearings (DOAH) without the policyholders’ consent. The bill
provides Citizens’ policyholders the option to accept or decline resolving claim disputes through binding
arbitration before DOAH. Policyholders must make this election at the issuance or renewal of their policy and it
cannot be amended mid-term. The bill also requires policyholders to receive a bold, standardized disclosure of this
election. The bill repeals the provision allowing Citizens to contract with DOAH to resolve claim disputes.
Fiscal or Economic Impact:
There may be an indeterminate state fiscal impact.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill repeals Citizens Property Insurance Corporations’ (Citizens) ability to require policyholders to resolve
claim disputes before the Division of Administrative Hearings (DOAH). (Section 1)
The bill authorizes Citizens to adopt policy forms that provide policyholders the option to select arbitration before
DOAH for resolving claim disputes. Under the bill, DOAH retains full authority to arbitrate claim disputes when the
policyholder elects arbitration before DOAH. However, Citizens is unable to require policyholders to use binding
arbitration to resolve claim disputes without the policyholders’ consent. (Section 1)
The bill requires each policyholder be notified in writing at policy inception and renewal that they must decide
whether or not to resolve disputes through arbitration before DOAH. The notification must be in at least 12-point
bold font immediately before the policyholder’s signature within the policy documents, and must be substantially
in the following form: (Section 1)
“AN INSURED MUST CHOOSE AT THE TIME OF ENTERING INTO THIS POLICY OR UPON
RENEWAL WHETHER TO RESOLVE DISPUTES THROUGH ARBITRATION BEFORE THE
DIVISION OF ADMINISTRATIVE HEARINGS. THE INSURED MUST INDICATE THIS
SELECTION BY MARKING "ACCEPT" OR "DECLINE" BELOW. THIS DECISION CANNOT BE
CHANGED DURING THE TERM OF THE POLICY.
[ ] ACCEPT
[ ] DECLINE”
The bill repeals the provision authorizing Citizens to contract with DOAH to resolve claim disputes. (Section 1)
STORAGE NAME: h0863b.COM
DATE: 1/16/2026
1
HB 863
The bill provides an effective date of July 1, 2026. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate fiscal impact on DOAH if policyholders decline arbitration. Additionally,
Citizens will no longer be able contract with DOAH to resolve claim disputes. The bill may have an indeterminate
fiscal impact on circuit courts if policyholders decline arbitration.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Citizens Property Insurance Corporation (Citizens)
Citizens is a state-created, not-for-profit, tax-exempt governmental entity whose public purpose is to provide
property insurance coverage to those unable to find affordable coverage in the voluntary market.1 Citizens was
created in 2002 by the Florida Legislature by combining the Florida Residential Property and Casualty Joint
Underwriting Association and the Florida Windstorm Underwriting Association.2
As of December 26, 2025, Citizens reports 395,912 active policies.3 By the end of 2025, Citizens’ policy count is
expected to fall to around 385,000. This would be the lowest reported policy count for Citizens since inception.4
From January 1 through September 30, 2025, Citizens was served with 4,307 lawsuits (roughly 479 suits/month).
Of these, 96% are first-party residential property suits, 1% are first-party commercial property suits, and 3% are
third-party liability suits. As of September 30, 2025, the total pending volume of lawsuits was 8,823. This is a 47%
decrease in total pending volume of 16,518 lawsuits from the same time period in 2024.5
Division of Administrative Hearings (DOAH)
DOAH is a state agency that employs full-time administrative law judges to conduct hearings in which the
substantial interests of a person are determined by an agency and involve a disputed issue of material fact.6
Generally, when a state agency proposes an action that may adversely affect an individual, that person is entitled to
request an administrative hearing.7 Requests for hearings are initially submitted to the relevant state agency.8
If the matter does not involve disputed issues of fact, the agency conducts the proceeding itself and issues a
decision.9 However, if the requesting party disputes the facts underlying the proposed agency action, the case is
1 S. 627.351(6)(a)1, F.S.
2 Florida Office of Insurance Regulation, Market Conduct Final Examination Report of Citizens Property Insurance Corporation
(January 11, 2021), https://floir.gov/docs-sf/property-casualty-libraries/market-regulation/2021/citizens-property-
insurance-corporation-1-11-2021.pdf (last visited January 5, 2026).
3 Citizens Property Insurance Corporation, Policies in Force: Current Snapshot: December 26, 2025.
https://www.citizensfla.com/policies-in-force (last visited January 5, 2026).
4 Citizens Property Insurance Corporation, Press Release (December 10, 2025), https://www.citizensfla.com/-/20251210-
citizens-recommends-rate-cuts-for-most-policyholders (last visited January 5, 2026).
5Citizens Property Insurance Corporation, Litigated Claims Update (November 20, 2025),
https://www.citizensfla.com/documents/20702/38933326/20251120+03+Litigated+Claims+Update.pdf/2626361d-17ea-
60ab-64d8-64ece4e943ff?version=1.0&t=1762966917511&d (last visited January 5, 2026).
6 Ch.120, F.S..
7 S. 120.68(1), F.S.
8 Rule 28-106.201 (1), F.A.C.
9 S. 120.57(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 863
typically referred to DOAH for a formal hearing before an independent and neutral administrative law judge.10 As
of October 27, 2025, DOAH employs 44 administrative law judges throughout Florida.11
Following the hearing, the administrative law judge issues either a recommended order or a final order, which is
provided to the agency and the parties. When a recommended order is issued, the agency reviews it and then
enters a final order, generally adopting the judge’s factual findings (though the agency may modify or reject certain
legal conclusions or recommended penalties under limited circumstances). If the final order is averse to the non-
agency party, the party may appeal the decision to the appropriate District Court of Appeal.12
Mandatory Binding Arbitration
A property insurance policy issued in Florida, except for those issued by Citizens, may not require that a
policyholder participate in mandatory binding arbitration unless all of the following apply: 13
The arbitration requirement is included in a separate endorsement attached to the policy.
The policyholder’s premium reflects a credit or premium discount for accepting the arbitration
endorsement.
The policyholder signs a form agreeing to the mandatory binding arbitration, which clearly explains the
rights they are relinquishing, including the right to a trial by jury.
The endorsement establishes that the insurer will comply with statutory mediation provisions.
The insurer provides the policyholder an alternative that does not require mandatory binding arbitration.
Citizens DOAH Program
Beginning in 2023, Citizens could require policyholders to resolve claim disputes through binding arbitration
before DOAH without the consent of policyholders.14 Citizens is not required to utilize DOAH, but has the option if
they choose to do so.15 Starting on October 1, 2023, Citizens was approved to insert an endorsement form entitled
“Alternative Dispute Resolution Division of Administrative Hearings” for all new and renewal non-commercial
policies.16 By virtue of its quasi-governmental status, Citizens is the only insurer permitted to conduct arbitration
before DOAH.17
Prior to 2023, disputes between Citizens and a policyholder that were not resolved via informal negotiation,
Department of Financial Services mediation, or demand appraisal, resulted in the filing of a civil suit in circuit
court.18
10 S. 120.57(1), F.S.
11 Division of Administrative Hearings v. Citizens Property Insurance Corporation and Martin A. Alvarez, No. 2D2025-2789,
Emergency Petition for Writ of Prohibition (Fla. 2d DCA Oct. 27, 2025).
12 S. 120.68(2)(a), F.S.
13 S. 627.70154, F.S.
14 Ch. 2023-175, Laws of Fla.
15 Citizens Property Insurance Corporation, Executive Summary: Division of Administrative Hearings (December 7, 2022),
https://www.citizensfla.com/documents/20702/28368994/20221207+9B+Action+Item+-
+DOAH+COMBINED.pdf/d1c3df8e-dffd-be99-f770-91d29adc8b2c?version=1.0&t=1668827787450&d (last visited January 5,
2026).
16 Citizens Property Insurance Corporation, Executive Summary: Division of Administrative Hearings (December 4, 2024),
https://www.citizensfla.com/documents/20702/31300530/20241204+09A+DOAH+Consent+Item+combined.pdf/96b3177a
-8c6e-6e64-1c4d-3f6185a56cb1?version=1.0&t=1732029217029&d (last visited January 5, 2026).
17 Citizens Property Insurance Corporation, Minutes of the Claims Committee Meeting, Thursday, November, 16, 2023 (March 28,
2024),https://www.citizensfla.com/documents/20702/30844688/20240328%2B01%2BApproval%2Bof%2BPrior%2BClai
ms%2BCommittee%2BMeeting%2BMinutes%2B11.16.23.pdf (last visited January 5, 2026).
18 Citizens Property Insurance Corporation, Minutes of the Claims Committee Meeting, Thursday, November, 16, 2023 (March 28,
2024),https://www.citizensfla.com/documents/20702/30844688/20240328%2B01%2BApproval%2Bof%2BPrior%2BClai
ms%2BCommittee%2BMeeting%2BMinutes%2B11.16.23.pdf (last visited January 5, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 863
Since 2014, Citizens has contracted with DOAH to provide dispute resolution services, specifically for any bid
protests.19 In July of 2022, Citizens’ Board of Governors approved pursuing alternative dispute resolutions for
claims disputes involving the use of DOAH. The Board authorized the use of up to $2,000,000 in 2023 for these
proceedings.20 In December of 2023, the Board approved extending the same $2,000,000 authorization through
2024.21 In December of 2024, Citizens and DOAH renewed the same contract for $19,300,000 to fund the
arbitration program through 2027. This $19.3 million allots for upwards of 320 claims per month in 2025, 2026,
and 2027.22
The contract provides for compensation to DOAH based on the cost of DOAH resources dedicated exclusively to
property insurance disputes.23 As of October 27, 2025, DOAH employs 12 full-time administrative law judges, as
well as other support staff, dedicated exclusively to arbitrating Citizens policy disputes.24
As of October 14, 2025, Citizens has referred 1,662 cases to DOAH in 2025, with 1,204 having been fully resolved. A
majority of cases have been resolved through voluntary settlement (80%), including 49% of cases where insureds
accept a “nominal settlement amount ($500 or less)”.25 Citizens cites that the average resolution time is 93 days in
the DOAH process as compared to 618 days in the state court process.26 The remaining 20% of cases move towards
hearings, where 9% abandon their disputes prior to final hearing, and 11% proceed.27 According to news reports,
as of July 21, 2025, Citizens has won in more than 90% of the cases that made it to a final DOAH hearing where
both sides presented their case. According to news reports, records released by Citizens showed that in traditional
circuit court trials Citizens wins around 55% of the time.28
Notable Court Activity
In 2025, several separate court cases have been filed against Citizens challenging the mandatory DOAH arbitration
clause within their policies. Plaintiffs allege the arbitration endorsement is unconstitutional, depriving them of due
process, meaningful access to courts, and jury trial rights.29
19 Citizens Property Insurance Corporation, Executive Summary: Division of Administrative Hearings (December 7, 2022)
https://www.citizensfla.com/documents/20702/28368994/20221207+9B+Action+Item+-
+DOAH+COMBINED.pdf/d1c3df8e-dffd-be99-f770-91d29adc8b2c?version=1.0&t=1668827787450&d (last visited January 5,
2026).
20 Id.
21 Citizens Property Insurance Corporation, Executive Summary: Division of Administrative Hearings (November 16, 2023),
https://www.citizensfla.com/documents/20702/30165071/20231116+06C+Division+of+Administrative+Hearings.pdf/dccfe
011-0812-3508-7f1c-333af0fb2ac5?version=1.0&t=1706019939485&d (last visited January 5, 2026).
22Citizens Property Insurance Corporation, Executive Summary: Division of Administrative Hearings (December 4, 2024),
https://www.citizensfla.com/documents/20702/31300530/20241204+09A+DOAH+Consent+Item+combined.pdf/96b3177a
-8c6e-6e64-1c4d-3f6185a56cb1?version=1.0&t=1732029217029&d (last visited January 5, 2026).
23 Id.
24 Division of Administrative Hearings v. Citizens and Alvarez, No. 2D2025-2789, Emergency Petition for Writ of Prohibition (Fla.
2d DCA Oct. 27, 2025).
25 Citizens Property Insurance Corporation, Litigated Claims Update (November 20, 2025)
https://www.citizensfla.com/documents/20702/38933326/20251120+03+Litigated+Claims+Update.pdf/2626361d-17ea-
60ab-64d8-64ece4e943ff?version=1.0&t=1762966917511&d (last visited January 5, 2026).
26 Id.
27 Id.
28 Ariza, M. A Florida Home Insurer Was Allowed to Bypass the Courts During Claim Disputes. It Won More Than 90% of the Time,
ProPublica (September 15, 2025), https://www.propublica.org/article/citizens-property-insurance-florida-arbitration-cases
(last visited December 21, 2025); Conte, A. Homeowners Are Losing 90% of Cases Against Florida’s Biggest Insurer-Here’s Why,
Realtor.com, (September 29, 2025) https://www.realtor.com/advice/finance/citizens-insurance-florida-claim-disputes-doah
(last visited January 5, 2026); Hurtibise, R. A ‘stacked deck’: Citizens’ alternative dispute system unfair to policyholders, attorneys
say, South Florida Sun-Sentinel (July 12, 2025).
29 Alvarez v. Citizens, No. 25-CA-006626, Complaint (Fla. 13th Cir. Ct. July 11, 2025); Lombana v. Citizens, No. 2025CA001675,
Complaint (Fla. 2d Cir. Ct. July 16, 2025); Williams v. Citizens, No. 1:25-cv-23097, Complaint (S.D. Fla. July 10, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 863
In Alvarez v. Citizens, the judge in the Thirteenth Judicial Circuit issued a temporary injunction on August 1, 2025,
halting all arbitration before DOAH on the grounds the plaintiff (Alvarez) demonstrated a substantial likelihood of
success on the merits of his claims that Citizens’ ability to require mandatory arbitration violates policyholders’
constitutional rights to due process and access to courts.30 The case was voluntarily dismissed in December 2025.31
In Lombana v. Citizens, the judge in the Second Judicial Circuit ordered DOAH to resume arbitration for 400+
pending Citizens cases on November 14, 2025. The judge ruled that the injunction issued in Alvarez was notably
broad and that the non-final determination of a single trial court lacks binding effect on other trial courts.32 The
order is currently being appealed in the First District Court of Appeal.33
Two class action lawsuits have also been filed against Citizens alleging that its arbitration endorsement is
unconstitutional by virtue of being mandatory, non-negotiable, and imposed through adhesion contracts without
reduction in premiums. The plaintiffs further allege that Citizens’ systematic invocation of DOAH proceedings
compels policyholders into an administrative forum that lacks meaningful discovery, motion practice, or judicial
review.34 No rulings have been issued to date.
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/CS/HB 643/ Relating to Insurance Commerce Committee, The bill passed the House, but
Insurance & Banking died in the Senate.
Subcommittee, Synder
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 17 Y, 0 N 1/14/2026 Brackett Veigle
Subcommittee
Commerce Committee Hamon Veigle
30 Alvarez v. Citizens, No. 25-CA-006626, Order Granting Plaintiff’s Petition for Temporary Injunction (Fla. 13th Cir. Ct. Aug. 1,
2025).
31 Alvarez v. Citizens, No. 25-CA-006626, Motion to Voluntarily Dismissal (Fla. 13th Cir. Ct. Dec. 8, 2025).
32 Lombana v. Citizens, 2025CA001675, Order Granting Petition for Writ of Mandamus (Fla. 2d Cir. Ct. Nov. 14, 2025).
33 Lombana v. Citizens, Division of Administrative Hearings, 1D2025-3195, Notice of Appeal (Fla. 1st DCA Dec. 4, 2025).
34 Jamie Alverio v. Citizens, No. 2025CA001978, Class-Action Complaint for Declaratory Relief (Fla. 18th Cir. Ct. Aug. 27, 2025);
Idelmis and Jesus Martinez v. Citizens, No.2025-017067-CA-01, Class-Action Complaint for Declaratory Relief (Fla. 11th Cir. Ct.
Sept. 1, 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 863 2026
1 A bill to be entitled
2 An act relating to arbitration for disputes with
3 Citizens Property Insurance Corporation; amending s.
4 627.351, F.S.; requiring notification of arbitration
5 before the Division of Administrative Hearings as an
6 option for dispute resolution procedures under
7 Citizens Property Insurance Corporation; removing
8 obsolete language; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (ll) of subsection (6) of section
13 627.351, Florida Statutes, is amended to read:
14 627.351 Insurance risk apportionment plans.—
15 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
16 (ll)1. In addition to any other method of alternative
17 dispute resolution authorized by state law, the corporation may
18 adopt policy forms that provide an option for the insured to
19 select, at the time of entering into the policy or upon renewal,
20 to have disputes regarding the corporation's claim
21 determinations for the resolution of disputes regarding its
22 claim determinations, including disputes regarding coverage for,
23 or the scope and value of, a claim, resolved through arbitration
24 in a proceeding before the Division of Administrative Hearings.
25 Each insured must be notified in writing, at the time of
Page 1 of 3
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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 863 2026
26 entering into a policy with the corporation and upon each
27 renewal, that the insured must decide whether to resolve
28 disputes through arbitration before the Division of
29 Administrative Hearings. Such notification must be in at least
30 12-point boldfaced type, immediately preceding the insured's
31 signature, in substantially the following form:
32
33 AN INSURED MUST CHOOSE AT THE TIME OF ENTERING INTO THIS POLICY
34 OR UPON RENEWAL WHETHER TO RESOLVE DISPUTES THROUGH ARBITRATION
35 BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS. THE INSURED MUST
36 INDICATE THIS SELECTION BY MARKING "ACCEPT" OR "DECLINE" BELOW.
37 THIS DECISION CANNOT BE CHANGED DURING THE TERM OF THE POLICY.
38
39 [ ] ACCEPT
40 [ ] DECLINE
41
42 2. Any such policies are not subject to s. 627.70154. All
43 arbitrations before proceedings in the Division of
44 Administrative Hearings pursuant to such policies are subject to
45 ss. 57.105 and 768.79 as if filed in the courts of this state
46 and are not considered chapter 120 administrative proceedings.
47 Rule 1.442, Florida Rules of Civil Procedure, applies to any
48 offer served pursuant to s. 768.79, except that, notwithstanding
49 any provision in Rule 1.442, Florida Rules of Civil Procedure,
50 to the contrary, an offer shall not be served earlier than 10
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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 863 2026
51 days after filing the request for hearing with the Division of
52 Administrative Hearings and shall not be served later than 10
53 days before the date set for the final hearing. The
54 administrative law judge in such arbitrations proceedings shall
55 award attorney fees and other relief pursuant to ss. 57.105 and
56 768.79. The corporation may not seek, and the office may not
57 approve, a maximum hourly rate for attorney fees.
58 2. The corporation may contract with the division to
59 conduct proceedings to resolve disputes regarding its claim
60 determinations as may be provided for in the applicable policies
61 of insurance. This subparagraph expires July 1, 2026.
62 Section 2. This act shall take effect July 1, 2026.
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