Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1010
       
       
       
       
       
                               Ì249924@Î249924                          
       
       576-02403-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; creating s. 15.0521, F.S.;
    4         designating tupelo honey as the official state honey;
    5         amending s. 482.111, F.S.; specifying the requirements
    6         for original certification as a pest control operator;
    7         specifying the fee for the renewal of a certificate;
    8         amending s. 482.1562, F.S.; specifying the deadline
    9         for recertification of persons who wish to apply urban
   10         landscape commercial fertilizer; providing a grace
   11         period for recertification; amending s. 500.03, F.S.;
   12         revising the definition of the term “food” to include
   13         dietary supplements; defining the term “vehicle”;
   14         amending s. 500.10, F.S.; providing additional
   15         conditions under which food may be deemed adulterated;
   16         amending s. 500.11, F.S.; including failure to comply
   17         with labeling relating to major food allergens as a
   18         criterion for use in determining whether food has been
   19         misbranded; amending s. 570.07, F.S.; revising the
   20         department’s functions, powers, and duties; amending
   21         s. 570.30, F.S.; revising the powers and duties of the
   22         Division of Administration; amending s. 570.441, F.S.;
   23         authorizing the use of funds in the Pest Control Trust
   24         Fund for activities of the Division of Agricultural
   25         Environmental Services; providing for expiration;
   26         amending s. 570.53, F.S.; revising the powers and
   27         duties of the Division of Marketing and Development to
   28         remove the enforcement provisions relating to the
   29         dealers in agricultural products law; amending s.
   30         570.544, F.S.; revising the duties of the director of
   31         the Division of Consumer Services to include
   32         enforcement provisions relating to the dealers in
   33         agricultural products law; creating s. 570.68, F.S.;
   34         authorizing the Commissioner of Agriculture to create
   35         an Office of Agriculture Technology Services;
   36         providing duties of the office; amending s. 570.681,
   37         F.S.; revising the legislative findings relating to
   38         the Florida Agriculture Center and Horse Park;
   39         amending s. 570.685, F.S.; authorizing, rather than
   40         requiring, the department to provide administrative
   41         and staff support services, meeting space, and record
   42         storage for the Florida Agriculture Center and Horse
   43         Park Authority; amending s. 571.24, F.S.; clarifying
   44         the intent that the Florida Agricultural Promotional
   45         Campaign serve as a marketing program; removing an
   46         obsolete provision relating to the designation of a
   47         division employee as a member of the Advertising
   48         Interagency Coordinating Council; amending s. 571.27,
   49         F.S.; removing obsolete provisions relating to the
   50         authority of the department to adopt rules for
   51         entering into contracts with advertising agencies for
   52         services that are directly related to the Florida
   53         Agricultural Promotional Campaign; amending s. 571.28,
   54         F.S.; revising the composition of the Florida
   55         Agricultural Promotional Campaign Advisory Council;
   56         amending s. 576.041, F.S.; revising the frequency with
   57         which tonnage reports of fertilizer sales must be
   58         made; revising the timeframe for submission of such
   59         reports; creating s. 580.0365, F.S.; providing for the
   60         preemption of commercial feed and feedstuff
   61         regulation; amending s. 581.181, F.S.; providing
   62         applicability of provisions requiring treatment or
   63         destruction of infested or infected plants and plant
   64         products; creating s. 581.189, F.S.; creating the
   65         Grove Removal or Vector Elimination (GROVE) Program;
   66         specifying the purpose of the program; defining terms;
   67         requiring the department to adopt rules for reviewing
   68         and ranking applications for cost-share funding to
   69         remove or destroy abandoned citrus groves;
   70         establishing per applicant award maximums; specifying
   71         that the total funds awarded in a fiscal year cannot
   72         exceed the amount specifically appropriated for the
   73         program; specifying application requirements;
   74         specifying how the department must process
   75         applications; specifying that noncompliance will
   76         result in forfeiture of cost-share funds; requiring
   77         the department to rank and review applications and to
   78         conduct a certain inspection; specifying grounds for
   79         denial of an application; requiring applicants
   80         selected for funding to timely initiate and complete
   81         the removal of identified citrus trees in accordance
   82         with their respective applications; providing the
   83         process for making payments to applicants; authorizing
   84         the department to adopt rules; specifying that funding
   85         for the program is contingent upon specific
   86         appropriation by the Legislature; amending s. 582.01,
   87         F.S.; redefining terms relating to soil and water
   88         conservation; amending s. 582.02, F.S.; providing
   89         legislative intent and findings relating to soil and
   90         water conservation districts; providing a statement of
   91         purpose; amending s. 582.055, F.S.; revising the
   92         powers and duties of the department; authorizing the
   93         department to adopt rules; amending s. 582.06, F.S.;
   94         requiring the Soil and Water Conservation Council to
   95         accept and review requests for creating or dissolving
   96         soil and water conservation districts and to make
   97         recommendations to the commissioner; requiring the
   98         council to provide recommendations to the commissioner
   99         relating to the removal of supervisors under certain
  100         circumstances; amending s. 582.16, F.S.; revising how
  101         district boundaries may be changed; amending s.
  102         582.20, F.S.; revising the powers and duties of
  103         districts and supervisors; amending s. 582.29, F.S.;
  104         revising the terms under which certain state agencies
  105         must cooperate; amending s. 595.402, F.S.; defining
  106         terms relating to the school food and nutrition
  107         service program; amending s. 595.404, F.S.; revising
  108         the powers and duties of the department with regard to
  109         the school food and nutrition service program;
  110         directing the department to collect and annually
  111         publish data on food purchased by sponsors through the
  112         Florida Farm to School Program and other school food
  113         and nutrition service programs; amending s. 595.405,
  114         F.S.; clarifying requirements for the school nutrition
  115         program; requiring breakfast meals to be available to
  116         all students in schools that serve any combination of
  117         grades kindergarten through 5; amending s. 595.406,
  118         F.S.; renaming the “Florida Farm Fresh Schools
  119         Program” as the “Florida Farm to School Program”;
  120         authorizing the department to establish by rule a
  121         recognition program for certain sponsors; amending s.
  122         595.407, F.S.; revising provisions of the children’s
  123         summer nutrition program to include certain schools
  124         that serve any combination of grades kindergarten
  125         through 5; revising provisions relating to the
  126         duration of the program; authorizing school districts
  127         to exclude holidays and weekends; amending s. 595.408,
  128         F.S.; conforming provisions to changes made by the
  129         act; amending s. 595.501, F.S.; requiring certain
  130         entities to complete corrective action plans required
  131         by the department or a federal agency to be in
  132         compliance with school food and nutrition service
  133         programs; amending s. 595.601, F.S.; revising a cross
  134         reference; amending s. 601.31, F.S.; specifying that
  135         certain citrus inspectors must be licensed by the
  136         state Department of Agriculture rather than the United
  137         States Department of Agriculture; amending s. 604.21,
  138         F.S.; deleting a requirement relating to complaints
  139         filed by electronic transmission or facsimile;
  140         amending s. 604.33, F.S.; deleting provisions
  141         requiring grain dealers to submit monthly reports;
  142         authorizing, rather than requiring, the department to
  143         make at least one spot check annually of each grain
  144         dealer; repealing s. 582.03, F.S., relating to the
  145         consequences of soil erosion; repealing s. 582.04,
  146         F.S., relating to appropriate corrective methods;
  147         repealing s. 582.05, F.S., relating to legislative
  148         policy for conservation; repealing s. 582.08, F.S.,
  149         relating to additional powers of the department;
  150         repealing s. 582.09, F.S., relating to an
  151         administrative officer of soil and water conservation;
  152         repealing s. 582.17, F.S., relating to the presumption
  153         as to establishment of a district; repealing s.
  154         582.21, F.S., relating to adoption of land use
  155         regulations; repealing s. 582.22, F.S., relating to
  156         district regulations and contents; repealing s.
  157         582.23, F.S., relating to performance of work under
  158         the regulations by the supervisors; repealing s.
  159         582.24, F.S., relating to the board of adjustment;
  160         repealing s. 582.25, F.S., relating to rules of
  161         procedure of the board; repealing s. 582.26, F.S.,
  162         relating to petitioning the board to vary from
  163         regulations; repealing s. 582.331, F.S., relating to
  164         the authorization to establish watershed improvement
  165         districts within soil and water conservation
  166         districts; repealing s. 582.34, F.S., relating to
  167         petitions for establishment of watershed improvement
  168         districts; repealing s. 582.35, F.S., relating to
  169         notice and hearing on petitions, determinations of
  170         need for districts, and boundaries; repealing s.
  171         582.36, F.S., relating to determination of feasibility
  172         of proposed districts and referenda; repealing s.
  173         582.37, F.S., relating to consideration of results of
  174         referendums and declaration of organization of
  175         districts; repealing s. 582.38, F.S., relating to the
  176         organization of districts, certification to clerks of
  177         circuit courts, and limitation on tax rates; repealing
  178         s. 582.39, F.S., relating to establishment of
  179         watershed improvement districts situated in more than
  180         one soil and water conservation district; repealing s.
  181         582.40, F.S., relating to change of district
  182         boundaries or names; repealing s. 582.41, F.S.,
  183         relating to boards of directors of districts;
  184         repealing s. 582.42, F.S., relating to officers,
  185         agents, and employees, surety bonds, and annual
  186         audits; repealing s. 582.43, F.S., relating to status
  187         and general powers of districts; repealing s. 582.44,
  188         F.S., relating to the levy of taxes and taxing
  189         procedures; repealing s. 582.45, F.S., relating to
  190         fiscal powers of a governing body; repealing s.
  191         582.46, F.S., relating to additional powers and
  192         authority of districts; repealing s. 582.47, F.S.,
  193         relating to the coordination between watershed
  194         improvement districts and flood control districts;
  195         repealing s. 582.48, F.S., relating to the
  196         discontinuance of watershed improvement districts;
  197         repealing s. 582.49, F.S., relating to the
  198         discontinuance of soil and water conservation
  199         districts; repealing s. 589.26, F.S., relating to the
  200         dedication of state park lands for public use;
  201         providing effective dates.
  202          
  203  Be It Enacted by the Legislature of the State of Florida:
  204  
  205         Section 1. Effective upon this act becoming a law, section
  206  15.0521, Florida Statutes, is created to read:
  207         15.0521 Official state honey.—Tupelo honey is designated as
  208  the official Florida state honey.
  209         Section 2. Subsections (1) and (7) of section 482.111,
  210  Florida Statutes, are amended to read:
  211         482.111 Pest control operator’s certificate.—
  212         (1) The department shall issue a pest control operator’s
  213  certificate to each individual who qualifies under this chapter.
  214  Before the issuance of the original certification, an individual
  215  must have completed an application for examination, paid the
  216  examination fee provided for in s. 482.141, and passed the
  217  examination. Before engaging in pest control work, each
  218  certified operator must be certified as provided in this
  219  section. Application must be made and the issuance fee must be
  220  paid to the department for the original certificate within 60
  221  days after the postmark date of written notification of passing
  222  the examination. During a period of 30 calendar days following
  223  expiration of the 60-day period, an original certificate may be
  224  issued; however, a late issuance charge of $50 shall be assessed
  225  and must be paid in addition to the issuance fee. An original
  226  certificate may not be issued after expiration of the 30-day
  227  period, without reexamination.
  228         (7) The fee for issuance of an original certificate or the
  229  renewal of a certificate thereof shall be set by the department
  230  but may not be more than $150 or less than $75; however, until
  231  rules setting these fees are adopted by the department, the
  232  issuance fee and the renewal fee shall each be $75.
  233         Section 3. Subsections (5) and (6) of section 482.1562,
  234  Florida Statutes, are amended to read:
  235         482.1562 Limited certification for urban landscape
  236  commercial fertilizer application.—
  237         (5) An application for recertification must be made 4 years
  238  after the date of issuance at least 90 days before the
  239  expiration of the current certificate and be accompanied by:
  240         (a) Proof of having completed the 4 classroom hours of
  241  acceptable continuing education required under subsection (4).
  242         (b) A recertification fee set by the department in an
  243  amount of at least $25 but not more than $75. Until the fee is
  244  set by rule, the fee for certification is $25.
  245         (6) A late renewal charge of $50 per month shall be
  246  assessed 30 days after the date the application for
  247  recertification is due and must be paid in addition to the
  248  renewal fee. Unless timely recertified, a certificate
  249  automatically expires 90 days after the recertification date.
  250  Upon expiration or after a grace period ending 30 days after
  251  expiration, a certificate may be issued only upon the person
  252  reapplying in accordance with subsection (3).
  253         Section 4. Paragraph (n) of subsection (1) of section
  254  500.03, Florida Statutes, is amended, and paragraph (cc) is
  255  added to that subsection, to read:
  256         500.03 Definitions; construction; applicability.—
  257         (1) For the purpose of this chapter, the term:
  258         (n) “Food” includes:
  259         1. Articles used for food or drink for human consumption;
  260         2. Chewing gum;
  261         3. Articles used for components of any such article; and
  262         4. Articles for which health claims are made, which claims
  263  are approved by the Secretary of the United States Department of
  264  Health and Human Services and which claims are made in
  265  accordance with s. 343(r) of the federal act, and which are not
  266  considered drugs solely because their labels or labeling contain
  267  health claims; and
  268         5. “Dietary supplements” as the term is defined in 21
  269  U.S.C. s. 321(ff)(1) and (2).
  270  
  271  The term includes any raw, cooked, or processed edible
  272  substance; ice; any beverage; or any ingredient used, intended
  273  for use, or sold for human consumption.
  274         (cc) “Vehicle” means a mode of transportation or mobile
  275  carrier used to transport food from one location to another,
  276  including, but not limited to, cars, carts, cycles, trucks,
  277  vans, trains, railcars, aircraft, and watercraft.
  278         Section 5. Subsection (1) of section 500.10, Florida
  279  Statutes, is amended, and subsection (5) is added to that
  280  section, to read:
  281         500.10 Food deemed adulterated.—A food is deemed to be
  282  adulterated:
  283         (1)(a) If it bears or contains any poisonous or deleterious
  284  substance which may render it injurious to health; but in case
  285  the substance is not an added substance such food shall not be
  286  considered adulterated under this clause if the quantity of such
  287  substance in such food does not ordinarily render it injurious
  288  to health;
  289         (b) If it bears or contains any added poisonous or added
  290  deleterious substance, other than one which is a pesticide
  291  chemical in or on a raw agricultural commodity; a food additive;
  292  or a color additive, which is unsafe within the meaning of s.
  293  500.13(1);
  294         (c) If it is a raw agricultural commodity and it bears or
  295  contains a pesticide chemical which is unsafe within the meaning
  296  of 21 U.S.C. s. 346(a) or s. 500.13(1);
  297         (d) If it is or it bears or contains, any food additive
  298  which is unsafe within the meaning of 21 U.S.C. s. 348 or s.
  299  500.13(1); provided that where a pesticide chemical has been
  300  used in or on a raw agricultural commodity in conformity with an
  301  exemption granted or tolerance prescribed under 21 U.S.C. s. 346
  302  or s. 500.13(1), and such raw agricultural commodity has been
  303  subjected to processing such as canning, cooking, freezing,
  304  dehydrating, or milling, the residue of such pesticide chemical
  305  remaining in or on such processed food shall, notwithstanding
  306  the provisions of s. 500.13, and this paragraph, not be deemed
  307  unsafe if such residue in or on the raw agricultural commodity
  308  has been removed to the extent possible in good manufacturing
  309  practice, and the concentration of such residue in the processed
  310  food when ready to eat, is not greater than the tolerance
  311  prescribed for the raw agricultural commodity;
  312         (e) If it consists in whole or in part of a diseased,
  313  contaminated, filthy, putrid, or decomposed substance, or if it
  314  is otherwise unfit for food;
  315         (f) If it has been produced, prepared, packed, transported,
  316  or held under insanitary conditions whereby it may become
  317  contaminated with filth, or whereby it may have been rendered
  318  diseased, unwholesome, or injurious to health;
  319         (g) If it is the product of a diseased animal or an animal
  320  which has died otherwise than by slaughter, or that has been fed
  321  upon the uncooked offal from a slaughterhouse; or
  322         (h) If its container is composed, in whole or in part, of
  323  any poisonous or deleterious substance which may render the
  324  contents injurious to health.
  325         (5)If a dietary supplement or its ingredients present a
  326  significant risk of illness or injury due to:
  327         (a)The recommended or suggested conditions of use on the
  328  product label;
  329         (b)The failure to provide conditions of use on the product
  330  label; or
  331         (c) It containing an ingredient for which there is
  332  inadequate information to provide reasonable assurances that the
  333  ingredient does not present a significant risk of illness or
  334  injury.
  335         Section 6. Paragraph (m) of subsection (1) of section
  336  500.11, Florida Statutes, is amended to read:
  337         500.11 Food deemed misbranded.—
  338         (1) A food is deemed to be misbranded:
  339         (m) If it is offered for sale and its label or labeling
  340  does not comply with the requirements of 21 U.S.C. s. 343(q) or
  341  21 U.S.C. s. 343(w) pertaining to nutrition or allergen
  342  information.
  343         Section 7. Subsection (20) of section 570.07, Florida
  344  Statutes, is amended, and subsection (44) is added to that
  345  section, to read:
  346         570.07 Department of Agriculture and Consumer Services;
  347  functions, powers, and duties.—The department shall have and
  348  exercise the following functions, powers, and duties:
  349         (20)(a) To stimulate, encourage, and foster the production
  350  and consumption of agricultural and agricultural business
  351  products;
  352         (b) To conduct activities that may foster a better
  353  understanding and more efficient cooperation among producers,
  354  dealers, buyers, food editors, and the consuming public in the
  355  promotion and marketing of Florida’s agricultural and
  356  agricultural business products; and
  357         (c) To sponsor events, trade breakfasts, luncheons, and
  358  dinners and distribute promotional materials and favors in
  359  connection with meetings, conferences, and conventions of
  360  dealers, buyers, food editors, and merchandising executives that
  361  will assist in the promotion and marketing of Florida’s
  362  agricultural and agricultural business products to the consuming
  363  public.
  364  
  365  The department is authorized to receive and expend donations
  366  contributed by private persons for the purpose of covering costs
  367  associated with the above described activities.
  368         (44) In its own name:
  369         (a) To perform all acts necessary to secure letters of
  370  patent, copyrights, and trademarks on any work products of the
  371  department and enforce its rights therein.
  372         (b) To license, lease, assign, or otherwise give written
  373  consent to any person, firm, or corporation for the manufacture
  374  or use of such department work products on a royalty basis or
  375  for such other consideration as the department deems proper.
  376         (c) To take any action necessary, including legal action,
  377  to protect such department work products against improper or
  378  unlawful use or infringement.
  379         (d) To enforce the collection of any sums due to the
  380  department for the manufacture or use of such department work
  381  products by another party.
  382         (e) To sell any of such department work products and
  383  execute all instruments necessary to consummate any such sale.
  384         (f) To do all other acts necessary and proper for the
  385  execution of powers and duties conferred upon the department by
  386  this section, including adopting rules, as necessary, in order
  387  to administer this section.
  388         Section 8. Subsection (5) of section 570.30, Florida
  389  Statutes, is amended to read:
  390         570.30 Division of Administration; powers and duties.—The
  391  Division of Administration shall render services required by the
  392  department and its other divisions, or by the commissioner in
  393  the exercise of constitutional and cabinet responsibilities,
  394  that can advantageously and effectively be centralized and
  395  administered and any other function of the department that is
  396  not specifically assigned by law to some other division. The
  397  duties of this division include, but are not limited to:
  398         (5) Providing electronic data processing and management
  399  information systems support for the department.
  400         Section 9. Subsection (4) is added to section 570.441,
  401  Florida Statutes, to read:
  402         570.441 Pest Control Trust Fund.—
  403         (4) In addition to the uses authorized under subsection
  404  (2), the department may use moneys collected or received under
  405  chapter 482 to carry out s. 570.44. This subsection expires June
  406  30, 2019.
  407         Section 10. Subsection (2) of section 570.53, Florida
  408  Statutes, is amended to read:
  409         570.53 Division of Marketing and Development; powers and
  410  duties.—The powers and duties of the Division of Marketing and
  411  Development include, but are not limited to:
  412         (2) Enforcing the provisions of ss. 604.15-604.34, the
  413  dealers in agricultural products law, and ss. 534.47-534.53.
  414         Section 11. Subsection (2) of section 570.544, Florida
  415  Statutes, is amended to read:
  416         570.544 Division of Consumer Services; director; powers;
  417  processing of complaints; records.—
  418         (2) The director shall supervise, direct, and coordinate
  419  the activities of the division and shall, under the direction of
  420  the department, enforce ss. 604.15-604.34 and the provisions of
  421  chapters 472, 496, 501, 507, 525, 526, 527, 531, 539, 559, 616,
  422  and 849.
  423         Section 12. Section 570.68, Florida Statutes, is created to
  424  read:
  425         570.68 Office of Agriculture Technology Services.—The
  426  commissioner may create an Office of Agriculture Technology
  427  Services under the supervision of a senior manager. The senior
  428  manager is exempt under s. 110.205 in the Senior Management
  429  Service and shall be appointed by the commissioner. The office
  430  shall provide electronic data processing and agency information
  431  technology services to support and facilitate the functions,
  432  powers, and duties of the department.
  433         Section 13. Section 570.681, Florida Statutes, is amended
  434  to read:
  435         570.681 Florida Agriculture Center and Horse Park;
  436  legislative findings.—It is the finding of the Legislature that:
  437         (1) Agriculture is an important industry to the State of
  438  Florida, producing over $6 billion per year while supporting
  439  over 230,000 jobs.
  440         (1)(2) Equine and other agriculture-related industries will
  441  strengthen and benefit each other with the establishment of a
  442  statewide agriculture and horse facility.
  443         (2)(3)The A Florida Agriculture Center and Horse Park
  444  provides will provide Florida with a unique tourist experience
  445  for visitors and residents, thus generating taxes and additional
  446  dollars for the state.
  447         (3)(4) Promoting the Florida Agriculture Center and Horse
  448  Park as a joint effort between the state and the private sector
  449  allows will allow this facility to use utilize experts and
  450  generate revenue from many areas to ensure the success of this
  451  facility.
  452         Section 14. Paragraphs (b) and (c) of subsection (4) of
  453  section 570.685, Florida Statutes, are amended to read:
  454         570.685 Florida Agriculture Center and Horse Park
  455  Authority.—
  456         (4) The authority shall meet at least semiannually and
  457  elect a chair, a vice chair, and a secretary for 1-year terms.
  458         (b) The department may provide shall be responsible for
  459  providing administrative and staff support services relating to
  460  the meetings of the authority and shall provide suitable space
  461  in the offices of the department for the meetings and the
  462  storage of records of the authority.
  463         (c) In conducting its meetings, the authority shall use
  464  accepted rules of procedure. The secretary shall keep a complete
  465  record of the proceedings of each meeting showing, which record
  466  shall show the names of the members present and the actions
  467  taken. These records shall be kept on file with the department,
  468  and such records and other documents regarding matters within
  469  the jurisdiction of the authority shall be subject to inspection
  470  by members of the authority.
  471         Section 15. Section 571.24, Florida Statutes, is amended to
  472  read:
  473         571.24 Purpose; duties of the department.—The purpose of
  474  this part is to authorize the department to establish and
  475  coordinate the Florida Agricultural Promotional Campaign. The
  476  campaign is intended to serve as a marketing program for the
  477  promotion of agricultural commodities, value-added products, and
  478  agricultural-related businesses of this state. The campaign is
  479  not a food safety and traceability program. The duties of the
  480  department shall include, but are not limited to:
  481         (1) Developing logos and authorizing the use of logos as
  482  provided by rule.
  483         (2) Registering participants.
  484         (3) Assessing and collecting fees.
  485         (4) Collecting rental receipts for industry promotions.
  486         (5) Developing in-kind advertising programs.
  487         (6) Contracting with media representatives for the purpose
  488  of dispersing promotional materials.
  489         (7) Assisting the representative of the department who
  490  serves on the Florida Agricultural Promotional Campaign Advisory
  491  Council.
  492         (8) Designating a division employee to be a member of the
  493  Advertising Interagency Coordinating Council.
  494         (8)(9) Adopting rules pursuant to ss. 120.536(1) and 120.54
  495  to implement the provisions of this part.
  496         (9)(10) Enforcing and administering the provisions of this
  497  part, including measures ensuring that only Florida agricultural
  498  or agricultural based products are marketed under the “Fresh
  499  From Florida” or “From Florida” logos or other logos of the
  500  Florida Agricultural Promotional Campaign.
  501         Section 16. Section 571.27, Florida Statutes, is amended to
  502  read:
  503         571.27 Rules.—The department is authorized to adopt rules
  504  that implement, make specific, and interpret the provisions of
  505  this part, including rules for entering into contracts with
  506  advertising agencies for services which are directly related to
  507  the Florida Agricultural Promotional Campaign. Such rules shall
  508  establish the procedures for negotiating costs with the offerors
  509  of such advertising services who have been determined by the
  510  department to be qualified on the basis of technical merit,
  511  creative ability, and professional competency. Such
  512  determination of qualifications shall also include consideration
  513  of the provisions in s. 287.055(3), (4), and (5). The department
  514  is further authorized to determine, by rule, the logos or
  515  product identifiers to be depicted for use in advertising,
  516  publicizing, and promoting the sale of Florida agricultural
  517  products or agricultural-based products in the Florida
  518  Agricultural Promotional Campaign. The department may also adopt
  519  rules consistent not inconsistent with the provisions of this
  520  part as in its judgment may be necessary for participant
  521  registration, renewal of registration, classes of membership,
  522  application forms, and as well as other forms and enforcement
  523  measures ensuring compliance with this part.
  524         Section 17. Subsection (1) of section 571.28, Florida
  525  Statutes, is amended to read:
  526         571.28 Florida Agricultural Promotional Campaign Advisory
  527  Council.—
  528         (1) ORGANIZATION.—There is hereby created within the
  529  department the Florida Agricultural Promotional Campaign
  530  Advisory Council, to consist of 15 members appointed by the
  531  Commissioner of Agriculture for 4-year staggered terms. The
  532  membership shall include: 13 six members representing
  533  agricultural producers, shippers, or packers, three members
  534  representing agricultural retailers, two members representing
  535  agricultural associations, and wholesalers one member
  536  representing a wholesaler of agricultural products; 1, one
  537  member representing consumers;, and 1 one member representing
  538  the department. Initial appointment of the council members shall
  539  be four members to a term of 4 years, four members to a term of
  540  3 years, four members to a term of 2 years, and three members to
  541  a term of 1 year.
  542         Section 18. Subsection (2) of section 576.041, Florida
  543  Statutes, is amended to read:
  544         576.041 Inspection fees; records.—
  545         (2) Before the distribution of a fertilizer, each licensee
  546  shall make application upon a form provided by the department to
  547  report quarterly monthly the tonnage of fertilizer sold in the
  548  state and make payment of the inspection fee. The continuance of
  549  a license is conditioned upon the applicant’s:
  550         (a) Maintaining records and a bookkeeping system that will
  551  accurately indicate the tonnage of fertilizer sold by the
  552  licensee; and
  553         (b) Consent to examination of the business records and
  554  books by the department for a verification of the correctness of
  555  tonnage reports and inspection fees. Tonnage reports of sales
  556  and payment of inspection fee shall be made quarterly using the
  557  department’s regulatory website or monthly on forms furnished by
  558  the department and submitted within 30 days following the close
  559  of the reporting period on or before the fifteenth day of the
  560  month succeeding the month covered by the reports.
  561         Section 19. Section 580.0365, Florida Statutes, is created
  562  to read:
  563         580.0365 Preemption of regulatory authority over commercial
  564  feed and feedstuff.—It is the intent of the Legislature to
  565  eliminate duplication of regulation over commercial feed and
  566  feedstuff. Notwithstanding any other law, the authority to
  567  regulate, inspect, sample, and analyze commercial feed or
  568  feedstuff distributed in this state or to exercise the powers
  569  and duties of regulation granted by this chapter, including the
  570  assessment of penalties for violation of this chapter, is
  571  preempted to the department.
  572         Section 20. Subsection (3) is added to section 581.181,
  573  Florida Statutes, to read:
  574         581.181 Notice of infection of plants; destruction.—
  575         (3) This section does not apply to plants or plant products
  576  infested with pests or noxious weeds if such pests and weeds are
  577  determined to be widely established within the state and are not
  578  specifically regulated under rules adopted by the department or
  579  under any other provisions of law.
  580         Section 21. Effective upon becoming a law, section 581.189,
  581  Florida Statutes, is created to read:
  582         581.189 Grove Removal or Vector Elimination (GROVE)
  583  Program.—
  584         (1)There is created within the Department of Agriculture
  585  and Consumer Services the Grove Removal or Vector Elimination
  586  Program, a cost-sharing program for the removal or destruction
  587  of abandoned citrus groves to eliminate the material harboring
  588  the citrus disease Huanglongbing, also known as citrus greening,
  589  and the vectors that spread the disease.
  590         (2)For purposes of this section, the term:
  591         (a)“Abandoned citrus grove” means a citrus grove that has
  592  minimal or no production value and is no longer economically
  593  viable as a commercial citrus grove.
  594         (b)“Applicant” means the person who owns an abandoned
  595  citrus grove.
  596         (c)“Eligible costs” means the costs, incurred after an
  597  application is selected for funding, of the removal or
  598  destruction the citrus trees and the elimination of any citrus
  599  greening vectors, as described in the removal or destruction
  600  plan in the funded application.
  601         (d)“Funded application” means an application selected for
  602  cost-share funding pursuant to this section and rules adopted by
  603  the department.
  604         (e)“Program” means the Grove Removal or Vector Elimination
  605  Program.
  606         (3)The department shall adopt by rule the standards to be
  607  used in reviewing and ranking applications for cost-share
  608  funding under the program based on the following factors:
  609         (a)The length of time the citrus groves have been
  610  abandoned.
  611         (b)Whether the citrus groves are located within a Citrus
  612  Health Management Area.
  613         (c)The proximity of the abandoned citrus groves to other
  614  citrus groves currently in production.
  615         (4)An applicant may submit multiple applications for the
  616  program, but is eligible only for a maximum of $125,000 in
  617  program cost-share funding in a given fiscal year. The
  618  department may award to each funded application a cost-share of
  619  up to 80 percent of eligible costs. The total amount of cost
  620  share allocated under the program in each fiscal year may not
  621  exceed the amount specifically appropriated for the program for
  622  the fiscal year.
  623         (5)An applicant seeking cost-share assistance under the
  624  program must submit an application to the department by a date
  625  determined by department rule. The application must include, at
  626  minimum:
  627         (a)The applicant’s plan to remove or destroy citrus trees
  628  and any citrus greening vectors in the abandoned citrus grove.
  629         (b)An affidavit from the applicant certifying that all
  630  information contained in the application is true and correct.
  631         (c)All information determined by rule to be necessary for
  632  the department to determine eligibility for the program and rank
  633  applications.
  634         (6)If the department determines an application to be
  635  incomplete, it may require the applicant to submit additional
  636  information within 10 days after such determination is made.
  637         (7)Each fiscal year, the department shall review all
  638  complete applications received in accordance with its rules
  639  adopted pursuant to subsection (5). For each such complete
  640  submitted application, the department must rank the applications
  641  in accordance with the factors specified in subsection (3) and,
  642  before selecting an application for funding, must conduct an
  643  inspection of the abandoned citrus grove that is the subject of
  644  the application.
  645         (8)The department may deny an application pursuant to
  646  chapter 120 for failure to comply with this section and
  647  department rules.
  648         (9)If an application is selected for funding, the
  649  applicant must initiate and complete the removal or destruction
  650  of the citrus trees identified in the application within the
  651  timeframe specified by department rule. The applicant’s failure
  652  to initiate and complete the removal or destruction of the
  653  identified citrus trees within the time specified by the
  654  department results in the forfeiture of the cost-share funding
  655  approved based on the application. Upon such occurrence, the
  656  department shall notify the next eligible applicant, based upon
  657  its ranking of applicants for the fiscal year, of the
  658  availability of cost-share funding. Such applicant, upon
  659  acceptance, may be awarded cost-share funding pursuant to this
  660  section, subject to available program funds.
  661         (10)Upon completion of the removal or destruction of the
  662  citrus trees identified in the funded application, the applicant
  663  shall present proof of payment of removal or destruction costs
  664  to the department. Upon receipt of satisfactory proof of payment
  665  and satisfactory proof of the removal or destruction of the
  666  trees identified in the funded application, the department may
  667  issue payment to the applicant for the previously approved cost
  668  share amount.
  669         (11)The department may adopt rules to implement and
  670  administer this section, including an application process and
  671  requirements, an application ranking process that is consistent
  672  with the factors specified in subsection (3), and the
  673  administration of cost-share funding.
  674         (12)The annual awarding of funding through the program is
  675  subject to specific legislative appropriation for this purpose.
  676         Section 22. Subsections (1), (4), (5), (7), and (8) of
  677  section 582.01, Florida Statutes, are amended to read:
  678         582.01 Definitions.—Wherever used or referred to in this
  679  chapter unless a different meaning clearly appears from the
  680  context:
  681         (1) “District” or “soil conservation district or “soil and
  682  water conservation district” means a governmental subdivision of
  683  this state, and a body corporate and politic, organized in
  684  accordance with the provisions of this chapter, for the purpose,
  685  with the powers, and subject to the provisions set forth in this
  686  chapter. The term “district, or “soil conservation district,
  687  when used in this chapter, means and includes a “soil and water
  688  conservation district.” All districts heretofore or hereafter
  689  organized under this chapter shall be known as soil and water
  690  conservation districts and shall have all the powers set out
  691  herein.
  692         (4) “Landowner” or “owner of land” includes any person who
  693  holds shall hold legal or equitable title to any lands lying
  694  within a district organized under the provisions of this
  695  chapter.
  696         (5) “Land occupier” or “occupier of land” includes any
  697  person, other than the owner, who is a lessee, renter, or tenant
  698  or who is otherwise shall be in possession of land any lands
  699  lying within a district organized under the provisions of this
  700  chapter, whether as lessee, renter, tenant, or otherwise.
  701         (7) “Due notice,” in addition to notice required pursuant
  702  to the provisions of chapter 120, means notice published at
  703  least twice, with an interval of at least 7 days between the two
  704  publication dates, in a newspaper or other publication of
  705  general circulation within the appropriate area or, if no such
  706  publication of general circulation be available, by posting at a
  707  reasonable number of conspicuous places within the appropriate
  708  area, such posting to include, where possible, posting at public
  709  places where it may be customary to post notices concerning
  710  county or municipal affairs generally. At any hearing held
  711  pursuant to such notice, at the time and place designated in
  712  such notice, adjournment may be made from time to time without
  713  the necessity of renewing such notice for such adjourned dates.
  714         (8) “Administrative officer” means the administrative
  715  officer of soil and water conservation created by s. 582.09.
  716         Section 23. Section 582.02, Florida Statutes, is amended to
  717  read:
  718         582.02 Legislative intent and findings; purpose of
  719  districts Lands a basic asset of state.—
  720         (1) It is the intent of the Legislature to promote the
  721  appropriate and efficient use of soil and water resources,
  722  protect water quality, prevent floodwater and sediment damage,
  723  preserve wildlife, protect public lands, and protect and promote
  724  the health, safety, and welfare of the public.
  725         (2) The Legislature finds that the farm, forest, and
  726  grazing lands; green spaces; recreational areas; and natural
  727  areas of the state are among its the basic assets of the state
  728  and that the conservation preservation of these assets lands is
  729  in the public interest necessary to protect and promote the
  730  health, safety, and general welfare of its people ; improper
  731  land use practices have caused and have contributed to, and are
  732  now causing and contributing to a progressively more serious
  733  erosion of the farm and grazing lands of this state by fire,
  734  wind and water; the breaking of natural grass, plant, and forest
  735  cover has interfered with the natural factors of soil
  736  stabilization, causing loosening of soil and exhaustion of
  737  humus, and developing a soil condition that favors erosion; the
  738  top soil is being burned, washed and blown out of fields and
  739  pastures; there has been an accelerated washing of sloping
  740  fields; these processes of erosion by fire, wind and water speed
  741  up with removal of absorptive topsoil, causing exposure of less
  742  absorptive and less protective but more erosive subsoil; failure
  743  by any landowner or occupier to conserve the soil and control
  744  erosion upon her or his lands causes destruction by burning,
  745  washing and blowing of soil and water from her or his lands onto
  746  other lands and makes the conservation of soil and control
  747  erosion of such other lands difficult or impossible.
  748         (3) The Legislature further finds it necessary that
  749  appropriate land and water resource protection practices be
  750  implemented to ensure the conservation of this state’s farm,
  751  forest, and grazing lands; green spaces; recreational areas; and
  752  natural areas and to conserve, protect, and properly use soil
  753  and water resources.
  754         (4) The purpose of the soil and water conservation
  755  districts is to provide assistance, guidance, and education to
  756  landowners, land occupiers, the agricultural industry, and the
  757  general public in implementing land and water resource
  758  protection practices and to work in conjunction with federal,
  759  state, and local agencies in all matters to implement this
  760  chapter.
  761         Section 24. Section 582.055, Florida Statutes, is amended
  762  to read:
  763         582.055 Powers and duties of the Department of Agriculture
  764  and Consumer Services.—The department has all of the following
  765  powers and duties:
  766         (1) To administer The provisions of this chapter shall be
  767  administered by the Department of Agriculture and Consumer
  768  Services.
  769         (2) The department is authorized To receive gifts,
  770  appropriations, materials, equipment, lands, and facilities and
  771  to manage, operate, and disburse them for the use and benefit of
  772  the soil and water conservation districts of the state.
  773         (3) To require The department shall provide for an annual
  774  audit of the accounts of receipts and disbursements.
  775         (4) To The department may furnish information and call upon
  776  any state or local agencies for cooperation in carrying out the
  777  provisions of this chapter.
  778         (5)To offer assistance as may be appropriate to the
  779  supervisors of soil and water conservation districts and to
  780  facilitate communication and cooperation between the districts.
  781         (6)To seek the cooperation and assistance of the Federal
  782  Government and any of its agencies, and of agencies and counties
  783  of this state, in the work of such districts, including the
  784  receipt and expenditure of state, federal, or other funds or
  785  contributions.
  786         (7)To disseminate information throughout the state
  787  concerning the activities and programs of the soil and water
  788  conservation districts and to encourage the formation of such
  789  districts in areas where their organization is desirable.
  790         (8) To create or dissolve a soil and water conservation
  791  district pursuant to this chapter.
  792         (9) To adopt rules, as necessary, to implement this
  793  chapter.
  794         Section 25. Subsection (2) of section 582.06, Florida
  795  Statutes, is amended to read:
  796         582.06 Soil and Water Conservation Council; powers and
  797  duties.—
  798         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—
  799         (a) The meetings, powers and duties, procedures, and
  800  recordkeeping of the Soil and Water Conservation Council shall
  801  be conducted pursuant to s. 570.232.
  802         (b) The council shall accept and review requests for
  803  creating or dissolving soil and water conservation districts and
  804  shall, by a majority vote, recommend to the commissioner by
  805  resolution that a district be created or dissolved pursuant to
  806  the request or that the request be denied.
  807         (c) At the request of the Governor or a district, the
  808  council shall consider and recommend to the Governor the removal
  809  or retention of a supervisor for neglect of duty or malfeasance
  810  in office.
  811         Section 26. Section 582.16, Florida Statutes, is amended to
  812  read:
  813         582.16 Change of Addition of territory to district
  814  boundaries or removal of territory therefrom.—Requests to
  815  increase or decrease the boundaries of Petitions for including
  816  additional territory or removing territory within an existing
  817  district may be filed with the department of Agriculture and
  818  Consumer Services, and the department shall follow the
  819  proceedings provided for in this chapter to create a district in
  820  the case of petitions to organize a district shall be observed
  821  in the case of petitions for such inclusion or removal. The
  822  department shall prescribe the form for such petition, which
  823  shall be as nearly as may be in the form prescribed in this
  824  chapter for petitions to organize a district. If the petition is
  825  signed by a majority of the landowners of such area, no
  826  referendum need be held. In referenda upon petitions for such
  827  inclusions or removals, all owners of land lying within the
  828  proposed area to be added or removed shall be eligible to vote.
  829         Section 27. Section 582.20, Florida Statutes, is amended to
  830  read:
  831         582.20 Powers of districts and supervisors.—A soil and
  832  water conservation district organized under the provisions of
  833  this chapter constitutes shall constitute a governmental
  834  subdivision of this state, and a public body corporate and
  835  politic, exercising public powers, and such district and the
  836  supervisors thereof, shall have all of the following powers, in
  837  addition to others granted in other sections of this chapter:
  838         (1) To conduct surveys, studies investigations, and
  839  research relating to the character of soil and water resources
  840  and erosion and floodwater and sediment damages, to the
  841  conservation, development and utilization of soil and water
  842  resources and the disposal of water, and to the preventive and
  843  control measures and works of improvement needed; to publish and
  844  disseminate the results of such surveys, studies, and
  845  investigations, or research,; and related to disseminate
  846  information. concerning such preventive and control measures and
  847  works of improvement; provided, however, that in order to avoid
  848  duplication of research activities, no district shall initiate
  849  any research program except in cooperation with the government
  850  of this state or any of its agencies, or with the United States
  851  or any of its agencies;
  852         (2) To conduct agricultural best management practices
  853  demonstration demonstrational projects and projects for the
  854  conservation, protection, and restoration of soil and water
  855  resources:
  856         (a) Within the district’s boundaries;
  857         (b) Within another district’s boundaries, subject to the
  858  other district’s approval;, territory within another district’s
  859  boundaries subject to the other district’s approval, or
  860  territory
  861         (c) In areas not contained within any district’s boundaries
  862  on lands owned or controlled by this state or any of its
  863  agencies, with the cooperation of the agency administering and
  864  having jurisdiction thereof; or, and
  865         (d) On any other lands within the district’s boundaries,
  866  territory within another district’s boundaries subject to the
  867  other district’s approval, or on lands territory not contained
  868  within any district’s boundaries upon obtaining the consent of
  869  the owner and occupiers of such lands or the necessary rights or
  870  interests in such lands., in order to demonstrate by example the
  871  means, methods, and measures by which soil and soil resources
  872  may be conserved, and soil erosion in the form of soil blowing
  873  and soil washing may be prevented and controlled, and works of
  874  improvement for flood prevention or the conservation,
  875  development and utilization of soil and water resources, and the
  876  disposal of water may be carried out;
  877         (3) To carry out preventive and control measures and works
  878  of improvement for flood prevention or the conservation,
  879  development and utilization of soil and water resources, and the
  880  disposal of water within the district’s boundaries, territory
  881  within another district’s boundaries subject to the other
  882  district’s approval, or territory not contained within any
  883  district’s boundaries, including, but not limited to,
  884  engineering operations, methods of cultivation, the growing of
  885  vegetation, changes in use of land, and the measures listed in
  886  s. 582.04 on lands owned or controlled by this state or any of
  887  its agencies, with the cooperation of the agency administering
  888  and having jurisdiction thereof, and on any other lands within
  889  the district’s boundaries, territory within another district’s
  890  boundaries subject to the other district’s approval, or
  891  territory not contained within any district’s boundaries upon
  892  obtaining the consent of the owner and the occupiers of such
  893  lands or the necessary rights or interests in such lands;
  894         (3)(4) To cooperate, or enter into agreements with, and
  895  within the limits of appropriations duly made available to it by
  896  law, to furnish financial or other aid to, any special district,
  897  municipality, county, water management district, state or
  898  federal agency, governmental or otherwise, or any owner or
  899  occupier of lands within the district’s boundaries; on lands,
  900  territory within another district’s boundaries, subject to the
  901  other district’s approval; or on lands, or territory not
  902  contained within any district’s boundaries, to further the
  903  purpose of this chapter. in the carrying on of erosion control
  904  or prevention operations and works of improvement for flood
  905  prevention or the conservation, development and utilization, of
  906  soil and water resources and the disposal of water within the
  907  district’s boundaries, territory within another district’s
  908  boundaries subject to the other district’s approval, or
  909  territory not contained within any district’s boundaries,
  910  subject to such conditions as the supervisors may deem necessary
  911  to advance the purposes of this chapter;
  912         (4)(5) To obtain options upon and to acquire, by purchase,
  913  exchange, lease, gift, grant, bequest, devise, or otherwise, any
  914  property, real or personal, or rights or interests in such
  915  property therein; to maintain, administer, and improve any
  916  properties acquired, to receive income from such properties, and
  917  to expend such income in complying with carrying out the
  918  purposes and provisions of this chapter; and to sell, lease, or
  919  otherwise dispose of any of its property or interests therein in
  920  compliance with furtherance of the purposes and the provisions
  921  of this chapter.;
  922         (5)(6) To make available, on such terms as it shall
  923  prescribe, agricultural, engineering, and other machinery,
  924  materials, and equipment to landowners and occupiers of land
  925  within the district’s boundaries, on lands territory within
  926  another district’s boundaries, subject to the other district’s
  927  approval;, or on lands territory not contained within any
  928  district’s boundaries. Such machinery, materials, and equipment
  929  must, agricultural and engineering machinery and equipment,
  930  fertilizer, seeds and seedlings, and such other material or
  931  equipment, as will assist such landowners and occupiers of land
  932  to conduct carry on operations upon their lands for the
  933  conservation and protection of soil and water resources. and for
  934  the prevention or control of soil erosion and for flood
  935  prevention or the conservation, development and utilization, of
  936  soil and water resources and the disposal of water;
  937         (6)(7) To construct, improve, operate, and maintain such
  938  structures as may be necessary or convenient for the performance
  939  of any of the operations authorized in this chapter.;
  940         (7)(8) To provide or assist in providing training and
  941  education programs that further the purposes of this chapter.
  942  develop comprehensive plans for the conservation of soil and
  943  water resources and for the control and prevention of soil
  944  erosion and for flood prevention or the conservation,
  945  development and utilization of soil and water resources, and the
  946  disposal of water within the district’s boundaries, territory
  947  within another district’s boundaries subject to the other
  948  district’s approval, or territory not contained within any
  949  district’s boundaries, which plans shall specify in such detail
  950  as may be possible the acts, procedures, performances, and
  951  avoidances which are necessary or desirable for the effectuation
  952  of such plans, including the specification of engineering
  953  operations, methods of cultivation, the growing of vegetation,
  954  cropping programs, tillage practices, and changes in use of
  955  land; control of artesian wells; and to publish such plans and
  956  information and bring them to the attention of owners and
  957  occupiers of lands within the district’s boundaries, territory
  958  within another district’s boundaries subject to the other
  959  district’s approval, or territory not contained within any
  960  district’s boundaries;
  961         (9) To take over, by purchase, lease, or otherwise, and to
  962  administer any soil-conservation, erosion-control, erosion
  963  prevention project, or any project for flood-prevention or for
  964  the conservation, development and utilization of soil and water
  965  resources, and the disposal of water, located within the
  966  district’s boundaries, territory within another district’s
  967  boundaries subject to the other district’s approval, or
  968  territory not contained within any district’s boundaries,
  969  undertaken by the United States or any of its agencies, or by
  970  this state or any of its agencies; to manage as agent of the
  971  United States or any of its agencies, or of the state or any of
  972  its agencies, any soil-conservation, erosion-control, erosion
  973  prevention, or any project for flood-prevention or for the
  974  conservation, development, and utilization of soil and water
  975  resources, and the disposal of water within the district’s
  976  boundaries, territory within another district’s boundaries
  977  subject to the other district’s approval, or territory not
  978  contained within any district’s boundaries; to act as agent for
  979  the United States, or any of its agencies, or for the state or
  980  any of its agencies, in connection with the acquisition,
  981  construction, operation or administration of any soil
  982  conservation, erosion-control, erosion-prevention, or any
  983  project for flood-prevention or for the conservation,
  984  development and utilization of soil and water resources, and the
  985  disposal of water within the district’s boundaries, territory
  986  within another district’s boundaries subject to the other
  987  district’s approval, or territory not contained within any
  988  district’s boundaries; to accept donations, gifts, and
  989  contributions in money, services, materials, or otherwise, from
  990  the United States or any of its agencies, or from this state or
  991  any of its agencies, or from others, and to use or expend such
  992  moneys, services, materials or other contributions in carrying
  993  on its operations;
  994         (8)(10) To sue and be sued in the name of the district; to
  995  have a seal, which seal shall be judicially noticed; to have
  996  perpetual succession unless terminated as provided in this
  997  chapter; to make and execute contracts and other instruments
  998  necessary or convenient to the exercise of its powers; and upon
  999  a majority vote of the supervisors of the district, to borrow
 1000  money and to execute promissory notes and other evidences of
 1001  indebtedness in connection therewith, and to pledge, mortgage,
 1002  and assign the income of the district and its personal property
 1003  as security therefor, the notes and other evidences of
 1004  indebtedness to be general obligations only of the district and
 1005  in no event to constitute an indebtedness for which the faith
 1006  and credit of the state or any of its revenues are pledged; to
 1007  make, amend, and repeal rules and regulations not inconsistent
 1008  with this chapter to carry into effect its purposes and powers.
 1009         (9) In coordination with the applicable counties, to use
 1010  the services of the county agricultural agents and the
 1011  facilities of their offices, if practicable and feasible. The
 1012  supervisors may employ additional permanent or temporary staff,
 1013  as needed, and determine their qualifications, duties, and
 1014  compensation. The supervisors may delegate to their chair, to
 1015  one or more supervisors, or to employees such powers and duties
 1016  as they may deem proper, consistent with this chapter. The
 1017  supervisors shall furnish to the department, upon request,
 1018  copies of rules, orders, contracts, forms, and other documents
 1019  they adopt or employ, and other information concerning their
 1020  activities which the department may require in the performance
 1021  of its duties under this chapter.
 1022         (10) To adopt rules pursuant to chapter 120 to implement
 1023  this chapter.
 1024         (11) To request that the Governor remove a supervisor for
 1025  neglect of duty or malfeasance in office by adoption of a
 1026  resolution at a public meeting. If the district believes there
 1027  is a need for a review of the request, the district may request
 1028  the council, by resolution, to review the request and recommend
 1029  action to the Governor. As a condition to the extending of any
 1030  benefits under this chapter to, or the performance of work upon,
 1031  any lands not owned or controlled by this state or any of its
 1032  agencies, the supervisors may require contributions in money,
 1033  services, materials, or otherwise to any operations conferring
 1034  such benefits, and may require landowners and occupiers to enter
 1035  into and perform such agreements or covenants as to the
 1036  permanent use of such lands as will tend to prevent or control
 1037  erosion and prevent floodwater and sediment damages thereon;
 1038         (12) No Provisions with respect to the acquisition,
 1039  operation, or disposition of property by public bodies of this
 1040  state do not apply shall be applicable to a district organized
 1041  under this chapter hereunder unless the Legislature shall
 1042  specifically provides for their application so state. The
 1043  property and property rights of every kind and nature acquired
 1044  by a any district organized under the provisions of this chapter
 1045  are shall be exempt from state, county, and other taxation.
 1046         Section 28. Section 582.29, Florida Statutes, is amended to
 1047  read:
 1048         582.29 State agencies to cooperate.—Agencies of this state
 1049  which shall have jurisdiction over, or are be charged with, the
 1050  administration of any state-owned lands, and agencies of any
 1051  county, or other governmental subdivision of the state, which
 1052  shall have jurisdiction over, or are be charged with the
 1053  administration of, any county-owned or other publicly owned
 1054  lands, lying within the boundaries of any district organized
 1055  under this chapter, the boundaries of another district subject
 1056  to that district’s approval, or territory not contained within
 1057  the boundaries of any district organized under this chapter,
 1058  shall cooperate to the fullest extent with the supervisors of
 1059  such districts in the implementation effectuation of programs
 1060  and operations undertaken by the supervisors under the
 1061  provisions of this chapter. The supervisors of such districts
 1062  shall be given free access to enter and perform work upon such
 1063  publicly owned lands. The provisions of land use regulations
 1064  adopted shall be in all respects observed by the agencies
 1065  administering such publicly owned lands.
 1066         Section 29. Present subsections (4) and (5) of section
 1067  595.402, Florida Statutes, are redesignated as subsections (5)
 1068  and (6), respectively, and a new subsection (4) and subsections
 1069  (7) and (8) are added to that section, to read:
 1070         595.402 Definitions.—As used in this chapter, the term:
 1071         (4) “School breakfast program” means a program authorized
 1072  by s. 4 of the Child Nutrition Act of 1966 and administered by
 1073  the department.
 1074         (7) “Summer nutrition program” means one or more of the
 1075  programs authorized under 42 U.S.C. s. 1761.
 1076         (8) “Universal school breakfast program” means a program
 1077  that makes breakfast available at no cost to all students
 1078  regardless of their household income.
 1079         Section 30. Section 595.404, Florida Statutes, is amended
 1080  to read:
 1081         595.404 School food and other nutrition programs service
 1082  program; powers and duties of the department.—The department has
 1083  the following powers and duties:
 1084         (1) To conduct, supervise, and administer the program that
 1085  will be carried out using federal or state funds, or funds from
 1086  any other source.
 1087         (2) To conduct, supervise, and administer a Farmers’ Market
 1088  Nutrition Program to provide participants in the Special
 1089  Supplemental Nutrition Program for Women, Infants, and Children
 1090  (WIC) with locally grown fruits and vegetables. The program is
 1091  to be carried out using federal or state funds or funds from any
 1092  other source.
 1093         (3)(2) To fully cooperate with the United States Government
 1094  and its agencies and instrumentalities so that the department
 1095  may receive the benefit of all federal financial allotments and
 1096  assistance possible to carry out the purposes of this chapter.
 1097         (4)(3) To implement and adopt by rule, as required, federal
 1098  regulations to maximize federal assistance for the program.
 1099         (5)(4) To act as agent of, or contract with, the Federal
 1100  Government, another state agency, any county or municipal
 1101  government, or sponsor for the administration of the program,
 1102  including the distribution of funds provided by the Federal
 1103  Government to support the program.
 1104         (6)(5) To provide make a reasonable effort to ensure that
 1105  any school designated as a “severe need school” receives the
 1106  highest rate of reimbursement to which it is entitled under 42
 1107  U.S.C. s. 1773 for each breakfast meal served.
 1108         (7)(6) To develop and propose legislation necessary to
 1109  implement the program, encourage the development of innovative
 1110  school food and nutrition services, and expand participation in
 1111  the program.
 1112         (8)(7) To annually allocate among the sponsors, as
 1113  applicable, funds provided from the school breakfast supplement
 1114  in the General Appropriations Act based on each district’s total
 1115  number of free and reduced-price breakfast meals served.
 1116         (9)(8) To employ such persons as are necessary to perform
 1117  its duties under this chapter.
 1118         (10)(9) To adopt rules covering the administration,
 1119  operation, and enforcement of the program, and the Farmers’
 1120  Market Nutrition Program, as well as to implement the provisions
 1121  of this chapter.
 1122         (11)(10) To adopt and implement an appeal process by rule,
 1123  as required by federal regulations, for applicants and
 1124  participants under the programs implemented under this chapter
 1125  program, notwithstanding ss. 120.569 and 120.57-120.595.
 1126         (12)(11) To assist, train, and review each sponsor in its
 1127  implementation of the program.
 1128         (13)(12) To advance funds from the program’s annual
 1129  appropriation to a summer nutrition program sponsor sponsors,
 1130  when requested, in order to implement the provisions of this
 1131  chapter and in accordance with federal regulations.
 1132         (14) To collect data on food purchased through the programs
 1133  defined in ss. 595.402(3) and 595.406 and to publish that data
 1134  annually.
 1135         (15) To enter into agreements with federal or state
 1136  agencies to coordinate or cooperate in the implementation of
 1137  nutrition programs.
 1138         Section 31. Section 595.405, Florida Statutes, is amended
 1139  to read:
 1140         595.405 School nutrition program requirements for school
 1141  districts and sponsors.—
 1142         (1) Each school district school board shall consider the
 1143  recommendations of the district school superintendent and adopt
 1144  policies to provide for an appropriate food and nutrition
 1145  service program for students consistent with federal law and
 1146  department rules.
 1147         (2) Each school district school board shall implement
 1148  school breakfast programs that make breakfast meals available to
 1149  all students in each elementary school that serves any
 1150  combination of grades kindergarten through 5. Universal school
 1151  breakfast programs shall be offered in schools in which 80
 1152  percent or more of the students are eligible for free or
 1153  reduced-price meals. Each school shall, to the maximum extent
 1154  practicable, make breakfast meals available to students at an
 1155  alternative site location, which may include, but need not be
 1156  limited to, alternative breakfast options as described in
 1157  publications of the Food and Nutrition Service of the United
 1158  States Department of Agriculture for the federal School
 1159  Breakfast Program.
 1160         (3) Each school district school board must annually set
 1161  prices for breakfast meals at rates that, combined with federal
 1162  reimbursements and state allocations, are sufficient to defray
 1163  costs of school breakfast programs without requiring allocations
 1164  from the district’s operating funds, except if the district
 1165  school board approves lower rates.
 1166         (4) Each school district is encouraged to provide
 1167  universal, free school breakfast meals to all students in each
 1168  elementary, middle, and high school. Each school district shall
 1169  approve or disapprove a policy, after receiving public testimony
 1170  concerning the proposed policy at two or more regular meetings,
 1171  which makes universal, free school breakfast meals available to
 1172  all students in each elementary, middle, and high school in
 1173  which 80 percent or more of the students are eligible for free
 1174  or reduced-price meals.
 1175         (4)(5) Each elementary, middle, and high school operating a
 1176  breakfast program shall make a breakfast meal available if a
 1177  student arrives at school on the school bus less than 15 minutes
 1178  before the first bell rings and shall allow the student at least
 1179  15 minutes to eat the breakfast.
 1180         (5) Each district school board is encouraged to provide
 1181  universal, free school breakfast meals to all students in each
 1182  elementary, middle, and high school. A universal school
 1183  breakfast program shall be implemented in each school in which
 1184  80 percent or more of the students are eligible for free or
 1185  reduced-price meals, unless the district school board, after
 1186  considering public testimony at two or more regularly scheduled
 1187  board meetings, decides to not implement such a program in such
 1188  schools.
 1189         (6) To increase school breakfast and universal school
 1190  breakfast program participation, each school district must, to
 1191  the maximum extent practicable, make breakfast meals available
 1192  to students through alternative service models as described in
 1193  publications of the Food and Nutrition Service of the United
 1194  States Department of Agriculture for the federal School
 1195  Breakfast Program.
 1196         (7)(6) Each school district school board shall annually
 1197  provide to all students in each elementary, middle, and high
 1198  school information prepared by the district’s food service
 1199  administration regarding available its school breakfast
 1200  programs. The information shall be communicated through school
 1201  announcements and written notices sent to all parents.
 1202         (8)(7) A school district school board may operate a
 1203  breakfast program providing for food preparation at the school
 1204  site or in central locations with distribution to designated
 1205  satellite schools or any combination thereof.
 1206         (8) Each sponsor shall complete all corrective action plans
 1207  required by the department or a federal agency to be in
 1208  compliance with the program.
 1209         Section 32. Section 595.406, Florida Statutes, is amended
 1210  to read:
 1211         595.406 Florida Farm to School Fresh Schools Program.—
 1212         (1) In order to implement the Florida Farm to School Fresh
 1213  Schools Program, the department shall develop policies
 1214  pertaining to school food services which encourage:
 1215         (a) Sponsors to buy fresh and high-quality foods grown in
 1216  this state when feasible.
 1217         (b) Farmers in this state to sell their products to
 1218  sponsors, school districts, and schools.
 1219         (c) Sponsors to demonstrate a preference for competitively
 1220  priced organic food products.
 1221         (d) Sponsors to make reasonable efforts to select foods
 1222  based on a preference for those that have maximum nutritional
 1223  content.
 1224         (2) The department shall provide outreach, guidance, and
 1225  training to sponsors, schools, school food service directors,
 1226  parent and teacher organizations, and students about the benefit
 1227  of fresh food products from farms in this state.
 1228         (3) The department may recognize sponsors who purchase at
 1229  least 10 percent of the food they serve from the Florida Farm to
 1230  School Program.
 1231         Section 33. Subsection (2) of section 595.407, Florida
 1232  Statutes, is amended to read:
 1233         595.407 Children’s summer nutrition program.—
 1234         (2) Each school district shall develop a plan to sponsor or
 1235  operate a summer nutrition program to operate sites in the
 1236  school district as follows:
 1237         (a) Within 5 miles of at least one elementary school that
 1238  serves any combination of grades kindergarten through 5 at which
 1239  50 percent or more of the students are eligible for free or
 1240  reduced-price school meals and for the duration of 35
 1241  consecutive days between the end of the school year and the
 1242  beginning of the next school year. School districts may exclude
 1243  holidays and weekends.
 1244         (b) Within 10 miles of each elementary school that serves
 1245  any combination of grades kindergarten through 5 at which 50
 1246  percent or more of the students are eligible for free or
 1247  reduced-price school meals, except as operated pursuant to
 1248  paragraph (a).
 1249         Section 34. Section 595.408, Florida Statutes, is amended
 1250  to read:
 1251         595.408 Food Commodity distribution services; department
 1252  responsibilities and functions.—
 1253         (1)(a) The department shall conduct, supervise, and
 1254  administer all food commodity distribution services that will be
 1255  carried on using federal or state funds, or funds from any other
 1256  source, or food commodities received and distributed from the
 1257  United States or any of its agencies.
 1258         (b) The department shall determine the benefits each
 1259  applicant or recipient of assistance is entitled to receive
 1260  under this chapter, provided that each applicant or recipient is
 1261  a resident of this state and a citizen of the United States or
 1262  is an alien lawfully admitted for permanent residence or
 1263  otherwise permanently residing in the United States under color
 1264  of law.
 1265         (2) The department shall cooperate fully with the United
 1266  States Government and its agencies and instrumentalities so that
 1267  the department may receive the benefit of all federal financial
 1268  allotments and assistance possible to carry out the purposes of
 1269  this chapter.
 1270         (3) The department may:
 1271         (a) Accept any duties with respect to food commodity
 1272  distribution services as are delegated to it by an agency of the
 1273  Federal Government or any state, county, or municipal
 1274  government.
 1275         (b) Act as agent of, or contract with, the Federal
 1276  Government, state government, or any county or municipal
 1277  government in the administration of food commodity distribution
 1278  services to secure the benefits of any public assistance that is
 1279  available from the Federal Government or any of its agencies,
 1280  and in the distribution of funds received from the Federal
 1281  Government, state government, or any county or municipal
 1282  government for food commodity distribution services within the
 1283  state.
 1284         (c) Accept from any person or organization all offers of
 1285  personal services, food commodities, or other aid or assistance.
 1286         (4) This chapter does not limit, abrogate, or abridge the
 1287  powers and duties of any other state agency.
 1288         Section 35. Section 595.501, Florida Statutes, is amended
 1289  to read:
 1290         595.501 Penalties.—
 1291         (1) If a corrective action plan is issued by the department
 1292  or a federal agency, each sponsor must complete the corrective
 1293  action plan to be in compliance with the program.
 1294         (2) Any person or, sponsor, or school district that
 1295  violates any provision of this chapter or any rule adopted
 1296  thereunder or otherwise does not comply with the program is
 1297  subject to a suspension or revocation of their agreement, loss
 1298  of reimbursement, or a financial penalty in accordance with
 1299  federal or state law or both. This section does not restrict the
 1300  applicability of any other law.
 1301         Section 36. Section 595.601, Florida Statutes, is amended
 1302  to read:
 1303         595.601 Food and Nutrition Services Trust Fund.—Chapter 99
 1304  37, Laws of Florida, recreated the Food and Nutrition Services
 1305  Trust Fund to record revenue and disbursements of Federal Food
 1306  and Nutrition funds received by the department as authorized in
 1307  ss. 595.404 and 598.408 s. 595.405.
 1308         Section 37. Section 601.31, Florida Statutes, is amended to
 1309  read:
 1310         601.31 Citrus inspectors; employment.—The Department of
 1311  Agriculture may in each year employ as many citrus fruit
 1312  inspectors for such period or periods, not exceeding 1 year, as
 1313  the Department of Agriculture shall deem necessary for the
 1314  effective enforcement of the citrus fruit laws of this state.
 1315  All persons authorized to inspect and certify to the maturity
 1316  and grade of citrus fruit shall be governed in the discharge of
 1317  their duties as such inspectors by the provisions of law and by
 1318  the rules adopted by the Department of Citrus and the Department
 1319  of Agriculture and shall perform their duties under the
 1320  direction and supervision of the Department of Agriculture. All
 1321  citrus inspectors appointed for the enforcement of this chapter
 1322  shall be persons who are duly licensed or certified by the
 1323  United States Department of Agriculture as citrus fruit
 1324  inspectors.
 1325         Section 38. Paragraphs (b) and (d) of subsection (1) and
 1326  subsection (2) of section 604.21, Florida Statutes, are amended
 1327  to read:
 1328         604.21 Complaint; investigation; hearing.—
 1329         (1)
 1330         (b) To be considered timely filed, a complaint together
 1331  with any required affidavits or notarizations must be received
 1332  by the department within 6 months after the date of sale by
 1333  electronic transmission, facsimile, regular mail, certified
 1334  mail, or private delivery service. If the complaint is sent by a
 1335  service other than electronic mail or facsimile, the mailing
 1336  shall be postmarked or dated on or before the 6-month deadline
 1337  to be accepted as timely filed.
 1338         (d) A person, partnership, corporation, or other business
 1339  entity filing a complaint shall submit to the department a the
 1340  following documents: three completed complaint affidavit
 1341  affidavits on a form provided by the department which bears with
 1342  an original signature of an owner, partner, general partner, or
 1343  corporate officer and an original notarization and which is
 1344  accompanied by on each affidavit. If the complaint is filed by
 1345  electronic transmission or facsimile, the original affidavits
 1346  and original notarizations shall be filed with the department
 1347  not later than the close of business of the tenth business day
 1348  following the electronic transmission or facsimile filing.
 1349  Attached to each complaint affidavit shall be copies of all
 1350  documents that to support the complaint. Supporting documents
 1351  may include be copies of invoices, bills of lading, packing or
 1352  shipping documents, demand letters, or any other documentation
 1353  to support the claim. In cases in which there are multiple
 1354  invoices are being claimed, a summary list of all claimed
 1355  invoices must accompany the complaint.
 1356         (2) Upon the filing of a such complaint under this
 1357  subsection in the manner herein provided, the department shall
 1358  investigate the complaint and matters complained of; whereupon,
 1359  if it finds that, in the opinion of the department, the facts
 1360  contained in the complaint warrant it such action, the
 1361  department shall serve notice of the filing of complaint on to
 1362  the dealer against whom the complaint has been filed at the last
 1363  address of record. Such notice shall be accompanied by a true
 1364  copy of the complaint. A copy of such notice and complaint shall
 1365  also be served on any to the surety company, if any, that
 1366  provided the bond for the dealer, and the which surety company
 1367  shall become party to the action. Such notice of the complaint
 1368  shall inform the dealer of a reasonable time within which to
 1369  answer the complaint by advising the department in writing that
 1370  the allegations in the complaint are admitted or denied or that
 1371  the complaint has been satisfied. Such notice shall also inform
 1372  the dealer and the surety company or financial institution of a
 1373  right to request a hearing on the complaint, if requested.
 1374         Section 39. Section 604.33, Florida Statutes, is amended to
 1375  read:
 1376         604.33 Security requirements for grain dealers.—Each grain
 1377  dealer doing business in the state shall maintain liquid
 1378  security, in the form of grain on hand, cash, certificates of
 1379  deposit, or other nonvolatile security that can be liquidated in
 1380  10 days or less, or cash bonds, surety bonds, or letters of
 1381  credit, that have been assigned to the department and that are
 1382  conditioned to secure the faithful accounting for and payment to
 1383  the producers for grain stored or purchased, in an amount equal
 1384  to the value of grain which the grain dealer has received from
 1385  grain producers for which the producers have not received
 1386  payment. The bonds must be executed by the applicant as
 1387  principal and by a surety corporation authorized to transact
 1388  business in the state. The certificates of deposit and letters
 1389  of credit must be from a recognized financial institution doing
 1390  business in the United States. Each grain dealer shall report to
 1391  the department monthly, on or before a date established by rule
 1392  of the department, the value of grain she or he has received
 1393  from producers for which the producers have not received payment
 1394  and the types of transaction involved, showing the value of each
 1395  type of transaction. The report shall also include a statement
 1396  showing the type and amount of security maintained to cover the
 1397  grain dealer’s liability to producers. The department may shall
 1398  make at least one spot check annually of each grain dealer to
 1399  determine compliance with the requirements of this section.
 1400         Section 40. Section 582.03, Florida Statutes, is repealed.
 1401         Section 41. Section 582.04, Florida Statutes, is repealed.
 1402         Section 42. Section 582.05, Florida Statutes, is repealed.
 1403         Section 43. Section 582.08, Florida Statutes, is repealed.
 1404         Section 44. Section 582.09, Florida Statutes, is repealed.
 1405         Section 45. Section 582.17, Florida Statutes, is repealed.
 1406         Section 46. Section 582.21, Florida Statutes, is repealed.
 1407         Section 47. Section 582.22, Florida Statutes, is repealed.
 1408         Section 48. Section 582.23, Florida Statutes, is repealed.
 1409         Section 49. Section 582.24, Florida Statutes, is repealed.
 1410         Section 50. Section 582.25, Florida Statutes, is repealed.
 1411         Section 51. Section 582.26, Florida Statutes, is repealed.
 1412         Section 52. Section 582.331, Florida Statutes, is repealed.
 1413         Section 53. Section 582.34, Florida Statutes, is repealed.
 1414         Section 54. Section 582.35, Florida Statutes, is repealed.
 1415         Section 55. Section 582.36, Florida Statutes, is repealed.
 1416         Section 56. Section 582.37, Florida Statutes, is repealed.
 1417         Section 57. Section 582.38, Florida Statutes, is repealed.
 1418         Section 58. Section 582.39, Florida Statutes, is repealed.
 1419         Section 59. Section 582.40, Florida Statutes, is repealed.
 1420         Section 60. Section 582.41, Florida Statutes, is repealed.
 1421         Section 61. Section 582.42, Florida Statutes, is repealed.
 1422         Section 62. Section 582.43, Florida Statutes, is repealed.
 1423         Section 63. Section 582.44, Florida Statutes, is repealed.
 1424         Section 64. Section 582.45, Florida Statutes, is repealed.
 1425         Section 65. Section 582.46, Florida Statutes, is repealed.
 1426         Section 66. Section 582.47, Florida Statutes, is repealed.
 1427         Section 67. Section 582.48, Florida Statutes, is repealed.
 1428         Section 68. Section 582.49, Florida Statutes, is repealed.
 1429         Section 69. Section 589.26, Florida Statutes, is repealed.
 1430         Section 70. Except as otherwise expressly provided in this
 1431  act, this act shall take effect July 1, 2016.