Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1630
       
       
       
       
       
                               Ì670548AÎ670548                          
       
       575-02561-14                                                    
       Proposed Committee Substitute by the Committee on Agriculture
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 282.709, F.S.; adding a
    4         representative to the Joint Task Force on State Agency
    5         Law Enforcement Communications, to be appointed by the
    6         Commissioner of Agriculture; transferring,
    7         renumbering, and amending s. 570.0741, F.S., relating
    8         to the energy efficiency and conservation
    9         clearinghouse; deleting an obsolete provision;
   10         amending s. 379.361, F.S.; requiring a person to
   11         retake an educational seminar when renewing an
   12         Apalachicola Bay oyster harvesting license; amending
   13         s. 487.041, F.S.; requiring a registrant to continue
   14         the registration of a brand of pesticide that
   15         continues to remain on retailers’ shelves in this
   16         state under certain circumstances; amending ss.
   17         487.046 and 487.048, F.S.; authorizing applications
   18         for certain licenses to be submitted through the
   19         department’s website; amending s. 487.159, F.S.;
   20         deleting the requirements for filing statements
   21         claiming damages and injuries from pesticide
   22         application; amending s. 487.160, F.S.; requiring all
   23         licensed private applicators to keep the same records
   24         as licensed public applicators and licensed commercial
   25         applicators with respect to the application of
   26         restricted pesticides; amending s. 487.2031, F.S.;
   27         revising the term “material safety data sheet”;
   28         amending s. 487.2051, F.S.; revising requirements for
   29         pesticide fact sheets and safety data sheets; amending
   30         s. 493.6120, F.S.; authorizing the department to
   31         impose certain civil penalties for violations relating
   32         to private security, investigative, and repossession
   33         services; transferring and renumbering s. 570.545,
   34         F.S., relating to unsolicited goods; amending s.
   35         500.03, F.S.; revising the definition of the term
   36         “food establishment”; amending s. 500.12, F.S.;
   37         revising the exemption from permit requirements for
   38         minor food outlets; requiring an establishment to
   39         apply for and receive a permit prior to the
   40         commencement of operations; requiring the department
   41         to adopt a schedule of fees to be paid by each food
   42         establishment and retail food store; providing that
   43         food permits are not transferable; updating
   44         terminology; amending s. 500.121, F.S.; authorizing
   45         the department to order the immediate closure of
   46         certain establishments upon determination that the
   47         establishment presents a severe and immediate threat
   48         to the public health, safety, and welfare; specifying
   49         the procedure the department must use in ordering
   50         immediate closure; conforming provisions to changes
   51         made by the act; providing criminal penalties;
   52         authorizing the department to adopt rules; amending s.
   53         500.147, F.S.; authorizing the department to inspect
   54         food records to facilitate tracing of food products in
   55         certain circumstances; amending s. 500.165, F.S.;
   56         revising the administrative fine amount for violating
   57         provisions relating to transporting shipments of food
   58         items; amending s. 500.172, F.S.; authorizing the
   59         department to issue and enforce a stop-sale, stop-use,
   60         removal, or hold order for certain food-processing or
   61         food storage areas; amending s. 501.019, F.S.;
   62         revising the administrative fine amount for violations
   63         relating to health studios; amending s. 501.059, F.S.;
   64         authorizing the department to adopt rules; conforming
   65         provisions to changes made by the act; amending s.
   66         501.922, F.S.; revising the administrative fine amount
   67         for certain violations relating to the “Antifreeze
   68         Act”; transferring, renumbering, and amending s.
   69         570.42, F.S., relating to the Dairy Industry Technical
   70         Council; conforming a cross-reference; creating part I
   71         of ch. 570, F.S., entitled “General Provisions”;
   72         renumbering and amending s. 570.14, F.S., relating to
   73         the seal of the department; restricting the seal of
   74         the department from being used without written
   75         approval by the department; renumbering ss. 570.18 and
   76         570.16, F.S., relating to organization of departmental
   77         work and the interference with department employees,
   78         respectively; amending s. 570.07. F.S.; conforming a
   79         cross-reference; transferring and renumbering ss.
   80         570.17 and 570.531, F.S., relating to the regulatory
   81         work of the state relating to the protection of
   82         agricultural interests and the Market Improvements
   83         Working Capital Trust Fund, respectively; amending s.
   84         570.23, F.S.; conforming a cross-reference;
   85         renumbering s. 570.0705, F.S., relating to advisory
   86         committees; creating part II of ch. 570, F.S.,
   87         entitled “Program Services”; amending s. 570.36, F.S.;
   88         making a technical change; amending s. 570.44, F.S.;
   89         revising the duties of the Division of Agricultural
   90         Environmental Services; amending s. 570.45, F.S.;
   91         conforming provisions to changes made by the act;
   92         amending s. 570.451, F.S.; conforming a cross
   93         reference; amending ss. 570.50 and 570.51, F.S.;
   94         conforming provisions to changes made by the act;
   95         amending s. 570.543, F.S.; conforming a cross
   96         reference; renumbering s. 570.073, F.S., relating to
   97         the Office of Agricultural Law Enforcement;
   98         renumbering and amending s. 570.074, F.S.; requiring
   99         the Office of Agricultural and Water Policy to enforce
  100         and implement ch. 582, F.S., and rules relating to
  101         soil and water conservation; creating s. 570.67, F.S.;
  102         codifying the creation of the Office of Energy;
  103         providing for management and specifying duties;
  104         renumbering s. 570.951, F.S., relating to the Florida
  105         Agriculture Center and Horse Park; renumbering and
  106         amending s. 570.952, F.S., relating to the Florida
  107         Agricultural Center and Horse Park Authority;
  108         conforming provisions to changes made by the act;
  109         deleting obsolete provisions; renumbering s. 570.953,
  110         F.S., relating to the identity of donors to the
  111         Florida Agriculture Center and Horse Park Authority;
  112         renumbering and amending s. 570.902, F.S., relating to
  113         definitions; conforming provisions to changes made by
  114         the act; renumbering ss. 570.903, 570.901, and 570.91,
  115         F.S., relating to direct-support organizations, the
  116         Florida Agricultural Museum, and Florida agriculture
  117         in the classroom, respectively; creating part III of
  118         ch. 570, F.S., entitled “Agricultural Development”;
  119         amending s. 570.71, F.S.; authorizing the department
  120         to use certain funds for administrative and operating
  121         expenses related to appraisals, mapping, title
  122         process, personnel, and other real estate expenses;
  123         renumbering s. 570.241, F.S., relating to the
  124         Agricultural Economic Development Act; renumbering and
  125         amending s. 570.242, F.S., relating to the
  126         Agricultural Economic Development Act; removing the
  127         definition of the terms “commissioner” and
  128         “department”; renumbering ss. 570.243, 570.244,
  129         570.245, 570.246, F.S., relating to the Agricultural
  130         Economic Development Program, the powers of the
  131         department, interaction with other economic
  132         development agencies and groups, and agricultural
  133         economic development funding, respectively;
  134         renumbering and amending s. 570.247, F.S., relating to
  135         certain department rules; deleting obsolete
  136         provisions; renumbering ss. 570.248 and 570.249, F.S.,
  137         relating to the Agricultural Economic Development and
  138         Project Review Committee and disaster loans and grants
  139         and aid, respectively; renumbering and amending s.
  140         570.9135, F.S., relating to the Beef Market
  141         Development Act; conforming cross-references; making
  142         technical changes; renumbering ss. 570.954 and 570.96,
  143         F.S., relating to the farm-to-fuel initiative and
  144         agritourism, respectively; renumbering and amending s.
  145         570.961, F.S., relating to definitions; conforming
  146         cross-references; renumbering s. 570.962, F.S.,
  147         relating to agritourism participation impact on land
  148         classification; renumbering and amending s. 570.963,
  149         F.S., relating to liability; conforming a cross
  150         reference; renumbering and amending s. 570.964, F.S.,
  151         relating to posting and notification requirements for
  152         agritourism operators; conforming provisions to
  153         changes made by the act; creating part IV of ch. 570,
  154         F.S., entitled “Agricultural Water Policy”;
  155         renumbering s. 570.075, F.S., relating to water supply
  156         agreements; renumbering and amending s. 570.076, F.S.,
  157         relating to Environmental Stewardship Certification;
  158         conforming a cross-reference; renumbering ss. 570.085
  159         and 570.087, F.S., relating to agricultural water
  160         conservation and agricultural water supply planning
  161         and best management practices for wildlife,
  162         respectively; creating part V of ch. 570, F.S.,
  163         entitled “Penalties”; creating s. 570.971, F.S.;
  164         providing administrative fines and civil penalties;
  165         authorizing the department to refuse to issue or renew
  166         a license, permit, authorization, certificate, or
  167         registration under certain circumstances; authorizing
  168         the department to adopt rules; amending s. 576.021,
  169         F.S.; updating terminology; authorizing applications
  170         for registration for specialty fertilizers to be
  171         submitted using the department’s website; making
  172         technical changes; amending s. 576.031, F.S.; revising
  173         labeling requirements for distribution of fertilizer
  174         in bulk; amending s. 576.041, F.S.; removing surety
  175         bond and certificate of deposit requirements for
  176         fertilizer license applicants; amending s. 576.051,
  177         F.S.; extending the period of retention for an
  178         official check sample; amending s. 576.061, F.S.;
  179         deleting the penalty imposed when it is determined by
  180         the department that a fertilizer has been distributed
  181         without being licensed or registered, or without
  182         labeling; conforming provisions to changes made by the
  183         act; making technical changes; amending s. 576.071,
  184         F.S.; requiring the department to survey the
  185         fertilizer industry of this state to determine the
  186         commercial value used in assessing penalties for a
  187         deficiency; amending s. 576.087, F.S.; deleting
  188         certain requirements relating to antisiphon devices;
  189         amending s. 576.101, F.S.; deleting the department’s
  190         authorization to place a licensee on probationary
  191         status under certain circumstances; amending s.
  192         578.08, F.S.; deleting the requirement that the
  193         application for registration as a seed dealer include
  194         the name and location of each place of business at
  195         which the seed is sold, distributed, offered, exposed,
  196         or handled for sale; requiring the application to be
  197         made by submitting a form prescribed by department
  198         rule or using the department’s website; establishing a
  199         registration fee for receipts of certain amounts;
  200         amending s. 580.036, F.S.; requiring that standards
  201         for the sale, use, and distribution of commercial feed
  202         or feedstuff, if adopted, be developed in consultation
  203         with the Agricultural Feed, Seed, and Fertilizer
  204         Advisory Council; amending s. 580.041, F.S.; removing
  205         the requirement that the master registration form for
  206         each distributor of commercial feed identify the
  207         manufacturer’s or guarantor’s name and place of
  208         business and the location of each manufacturing
  209         facility; revising the requirement that the department
  210         must mail a copy of the master registration in order
  211         to signify that the administrative requirements have
  212         been met; amending s. 580.071, F.S.; providing
  213         additional factors that would make a commercial feed
  214         or feedstuff be deemed adulterated; amending s.
  215         581.091, F.S.; deleting the definition of the term
  216         “commercial citrus grove”; deleting provisions
  217         relating to special permits authorizing a person to
  218         plant Casuarina cunninghamiana as part of a pilot
  219         program; eliminating a requirement that the department
  220         develop and implement a monitoring protocol to
  221         determine invasiveness of Casuarina cunninghamiana;
  222         amending s. 581.131, F.S.; revising the time in which
  223         the department must provide certain notice and
  224         certificate renewal forms; amending s. 583.01, F.S.;
  225         redefining the term “dealer”; transferring,
  226         renumbering, and amending s. 570.38, F.S., relating to
  227         the Animal Industry Technical Council; conforming a
  228         cross-reference; amending s. 589.08, F.S.; requiring
  229         the Florida Forest Service to pay a certain percentage
  230         of the gross receipts from the Goethe State Forest to
  231         each fiscally constrained county; requiring such funds
  232         to be equally divided between the board of county
  233         commissioners and the school board; amending s.
  234         589.011, F.S.; providing conditions under which the
  235         Florida Forest Service is authorized to grant use of
  236         certain lands; limiting liability for lessees of
  237         specified lands; providing criteria by which the
  238         Florida Forest Service determines certain fees,
  239         rentals, and charges; amending s. 589.20, F.S.;
  240         authorizing the Florida Forest Service to cooperate
  241         with water management districts, municipalities, and
  242         other governmental entities; amending s. 590.02, F.S.;
  243         renaming the Florida Center for Wildfire and Forest
  244         Resources Management Training as the Withlacoochee
  245         Training Center; making technical changes; amending s.
  246         590.125, F.S.; providing that new authorization is not
  247         required for smoldering that occurs within the
  248         authorized burn area unless new ignitions are
  249         conducted by certain persons; providing that
  250         monitoring the smoldering activity of a burn does not
  251         require an additional authorization; transferring and
  252         renumbering s. 570.0725, F.S., relating to food
  253         recovery; amending s. 597.003, F.S.; amending the
  254         powers and duties of the department to include
  255         providing training as necessary to lessees of certain
  256         lands for aquaculture use; amending s. 597.004, F.S.;
  257         requiring an applicant for an aquaculture certificate
  258         to submit a certificate of training if required;
  259         amending s. 597.020, F.S.; authorizing the department
  260         to adopt training requirements for shellfish
  261         processors by rule; transferring and renumbering ss.
  262         570.481 and 570.55, F.S., relating to food recovery,
  263         fruit and vegetable inspection fees, and
  264         identification of sellers or handlers of tropical or
  265         subtropical fruit and vegetables, respectively;
  266         amending s. 604.16, F.S.; providing an exemption for
  267         certain dealers in agricultural products from certain
  268         requirements; amending s. 604.22, F.S.; revising
  269         certain penalties for dealers in agricultural
  270         products; repealing s. 487.172, F.S., relating to an
  271         educational program for organotin compounds in
  272         antifouling paints; repealing ss. 500.301, 500.302,
  273         500.303, 500.304, 500.305, 500.306, F.S., relating to
  274         the standards of enrichment, sales, enforcement, and
  275         inspection of certain grain products; repealing s.
  276         500.601, F.S., relating to the retail sale of meat;
  277         repealing s. 570.345, F.S., relating to the Pest
  278         Control Compact; repealing s. 570.542, F.S., relating
  279         to the Florida Consumer Services Act; repealing s.
  280         570.72, F.S., relating to a definition; repealing s.
  281         570.92, F.S., relating to an equestrian educational
  282         sports program; repealing s. 589.081, F.S., relating
  283         to the Withlacoochee State Forest and Goethe State
  284         Forest; repealing s. 590.091, F.S., relating to the
  285         designation of railroad rights-of-way as wildfire
  286         hazard areas; amending ss. 193.461, 253.74, 288.1175,
  287         320.08058, 373.621, 373.709, 381.0072, 388.46,
  288         472.0351, 472.036, 482.161, 482.165, 482.243, 487.047,
  289         487.091, 487.175, 493.6118, 496.420, 500.70, 501.612,
  290         501.619, 502.231, 507.09, 507.10, 509.032, 525.16,
  291         526.311, 526.55, 527.13, 531.50, 534.52, 539.001,
  292         559.921, 559.9355, 559.936, 571.11, 571.28, 571.29,
  293         578.181, 580.121, 581.141, 581.186, 581.211, 582.06,
  294         585.007, 586.15, 586.161, 590.14, 595.701, 597.0041,
  295         597.020, 599.002, 601.67, 604.30, 616.242, F.S.;
  296         conforming provisions to changes made by the act;
  297         providing an effective date.
  298          
  299  Be It Enacted by the Legislature of the State of Florida:
  300  
  301         Section 1. Paragraph (a) of subsection (2) of section
  302  282.709, Florida Statutes, is amended to read:
  303         282.709 State agency law enforcement radio system and
  304  interoperability network.—
  305         (2) The Joint Task Force on State Agency Law Enforcement
  306  Communications is created adjunct to the department to advise
  307  the department of member-agency needs relating to the planning,
  308  designing, and establishment of the statewide communication
  309  system.
  310         (a) The Joint Task Force on State Agency Law Enforcement
  311  Communications shall consist of the following members:
  312         1. A representative of the Division of Alcoholic Beverages
  313  and Tobacco of the Department of Business and Professional
  314  Regulation who shall be appointed by the secretary of the
  315  department.
  316         2. A representative of the Division of Florida Highway
  317  Patrol of the Department of Highway Safety and Motor Vehicles
  318  who shall be appointed by the executive director of the
  319  department.
  320         3. A representative of the Department of Law Enforcement
  321  who shall be appointed by the executive director of the
  322  department.
  323         4. A representative of the Fish and Wildlife Conservation
  324  Commission who shall be appointed by the executive director of
  325  the commission.
  326         5. A representative of the Department of Corrections who
  327  shall be appointed by the secretary of the department.
  328         6. A representative of the Division of State Fire Marshal
  329  of the Department of Financial Services who shall be appointed
  330  by the State Fire Marshal.
  331         7. A representative of the Department of Transportation who
  332  shall be appointed by the secretary of the department.
  333         8. A representative of the Department of Agriculture and
  334  Consumer Services who shall be appointed by the Commissioner of
  335  Agriculture.
  336         Section 2. Section 570.0741, Florida Statutes, is
  337  transferred, renumbered as section 377.805, Florida Statutes,
  338  and amended to read:
  339         377.805 570.0741 Energy efficiency and conservation
  340  clearinghouse.—The Office of Energy within the Department of
  341  Agriculture and Consumer Services, in consultation with the
  342  Public Service Commission, the Florida Building Commission, and
  343  the Florida Energy Systems Consortium, shall develop a
  344  clearinghouse of information regarding cost savings associated
  345  with various energy efficiency and conservation measures. The
  346  Department of Agriculture and Consumer Services shall post the
  347  information on its website by July 1, 2013.
  348         Section 3. Paragraph (e) of subsection (5) of section
  349  379.361, Florida Statutes, is amended to read:
  350         379.361 Licenses.—
  351         (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
  352         (e) Each person who applies for an Apalachicola Bay oyster
  353  harvesting license shall, before receiving the license for the
  354  first time, attend an educational seminar of not more than 16
  355  hours length, developed and conducted jointly by the Department
  356  of Environmental Protection’s Apalachicola National Estuarine
  357  Research Reserve, the Division of Law Enforcement of the Fish
  358  and Wildlife Conservation Commission, and the Department of
  359  Agriculture and Consumer Services’ Apalachicola District
  360  Shellfish Environmental Assessment Laboratory. The seminar shall
  361  address, among other things, oyster biology, conservation of the
  362  Apalachicola Bay, sanitary care of oysters, small business
  363  management, and water safety. The seminar shall be offered five
  364  times per year, and each person attending shall receive a
  365  certificate of participation to present when obtaining an
  366  Apalachicola Bay oyster harvesting license. The educational
  367  seminar is not required for renewal of an Apalachicola Bay
  368  oyster harvesting license.
  369         Section 4. Paragraph (d) of subsection (3) of section
  370  487.041, Florida Statutes, is amended to read:
  371         487.041 Registration.—
  372         (3) The department, in addition to its other duties under
  373  this section, has the power to:
  374         (d) Require a registrant to continue the registration of a
  375  brand of pesticide that remains on retailers’ shelves in the
  376  state unless the department receives the registrant’s written
  377  notification that it is discontinuing the distribution of the
  378  brand of pesticide and the registrant then maintains the
  379  registration of that brand for a minimum of 2 years. The
  380  discontinued brand of pesticide may remain on retailers shelves
  381  without further registration if the brand of pesticide is not
  382  distributed by the registrant in the state during or after the
  383  minimum 2-year period who discontinues the distribution of a
  384  brand of pesticide in this state to continue the registration of
  385  the brand of the pesticide for a minimum of 2 years or until no
  386  more remains on retailers’ shelves if such continued
  387  registration or sale is not specifically prohibited by the
  388  department or the United States Environmental Protection Agency.
  389         Section 5. Subsection (1) of section 487.046, Florida
  390  Statutes, is amended to read:
  391         487.046 Application; licensure.—
  392         (1) An application for a license shall be filed with made
  393  in writing to the department by using on a form prescribed
  394  furnished by the department or by using the department’s
  395  website. Each application shall contain information regarding
  396  the applicant’s qualifications, proposed operations, and license
  397  classification or subclassifications, as prescribed by rule.
  398         Section 6. Subsection (1) of section 487.048, Florida
  399  Statutes, is amended to read:
  400         487.048 Dealer’s license; records.—
  401         (1) Each person holding or offering for sale, selling, or
  402  distributing restricted-use pesticides must shall obtain a
  403  dealer’s license from the department. An application for a the
  404  license shall be filed with the department by using made on a
  405  form prescribed by the department or by using the department’s
  406  website. The license must be obtained before entering into
  407  business or transferring ownership of a business. The department
  408  may require examination or other proof of competency of
  409  individuals to whom licenses are issued or of individuals
  410  employed by persons to whom licenses are issued. Demonstration
  411  of continued competency may be required for license renewal, as
  412  set by rule. The license shall be renewed annually as provided
  413  by rule. An annual license fee not exceeding $250 shall be
  414  established by rule. However, a user of a restricted-use
  415  pesticide may distribute unopened containers of a properly
  416  labeled pesticide to another user who is legally entitled to use
  417  that restricted-use pesticide without obtaining a pesticide
  418  dealer’s license. The exclusive purpose of distribution of the
  419  restricted-use pesticide is to keep it from becoming a hazardous
  420  waste as defined in s. 403.703(13).
  421         Section 7. Section 487.159, Florida Statutes, is amended to
  422  read:
  423         487.159 Damage or injury to property, animal, or person;
  424  mandatory report of damage or injury; time for filing; failure
  425  to file.—
  426         (1) The person claiming damage or injury to property,
  427  animal, or human beings from application of a pesticide shall
  428  file with the department a written statement claiming damages,
  429  on a form prescribed by the department, within 48 hours after
  430  the damage or injury becomes apparent. The statement shall
  431  contain, but shall not be limited to, the name of the person
  432  responsible for the application of the pesticide, the name of
  433  the owner or lessee of the land on which the crop is grown and
  434  for which the damages are claimed, and the date on which it is
  435  alleged that the damages occurred. The department shall
  436  investigate the alleged damages and notify all concerned parties
  437  of its findings. If the findings reveal a violation of the
  438  provisions of this part, the department shall determine an
  439  appropriate penalty, as provided in this part. The filing of a
  440  statement or the failure to file such a statement need not be
  441  alleged in any complaint which might be filed in a court of law,
  442  and the failure to file the statement shall not be considered
  443  any bar to the maintenance of any criminal or civil action.
  444         (1)(2)A It is the duty of any licensee shall to report
  445  unreasonable adverse effects on the environment or damage to
  446  property or injury to human beings, animals, plants, or other
  447  property a person as the result of the application of a
  448  restricted-use pesticide by the licensee or by an applicator or
  449  mixer-loader under the licensee’s direct supervision, if and
  450  when the licensee has knowledge of such damage or injury. It is
  451  also the express intent of this section to require all
  452  Physicians shall to report all pesticide-related illnesses or
  453  injuries to the nearest county health department, which shall
  454  will notify the department so that the department may establish
  455  a pesticide incident monitoring system within the Division of
  456  Agricultural Environmental Services.
  457         (2)(3) When damage or injury to human beings, animals,
  458  plants, or other property as the result of the application of a
  459  restricted-use pesticide is alleged to have been done, the
  460  person claiming such damage or injury claimant shall allow
  461  permit the licensee and the licensee’s representatives to
  462  observe within a reasonable amount of time hours the alleged
  463  damage or injury in order that the damage or injury may be
  464  examined. The failure of the person claiming such damage or
  465  injury claimant to allow permit observation and examination of
  466  the alleged damage or injury shall automatically bar the claim
  467  against the licensee.
  468         Section 8. Section 487.160, Florida Statutes, is amended to
  469  read:
  470         487.160 Records.—Licensed private applicators, supervising
  471  15 or more unlicensed applicators or mixer-loaders and licensed
  472  public applicators, and licensed commercial applicators shall
  473  maintain records as the department may determine by rule with
  474  respect to the application of restricted pesticides, including,
  475  but not limited to, the type and quantity of pesticide, method
  476  of application, crop treated, and dates and location of
  477  application. Other licensed private applicators shall maintain
  478  records as the department may determine by rule with respect to
  479  the date, type, and quantity of restricted-use pesticides used.
  480  Licensees shall keep records for a period of 2 years from the
  481  date of the application of the pesticide to which the records
  482  refer, and shall furnish to the department a copy of the records
  483  upon written request by the department.
  484         Section 9. Present subsection (8) of section 487.2031,
  485  Florida Statutes, is redesignated as subsection (7), and present
  486  subsection (7) of that section is amended to read:
  487         487.2031 Definitions.—For the purposes of this part, the
  488  term:
  489         (8)(7) “Material Safety data sheet” means written,
  490  electronic, or printed material concerning an agricultural
  491  pesticide that sets forth the following information:
  492         (a) The chemical name and the common name of the
  493  agricultural pesticide.
  494         (b) The hazards or other risks in the use of the
  495  agricultural pesticide, including:
  496         1. The potential for fire, explosions, corrosivity, and
  497  reactivity.
  498         2. The known acute health effects and chronic health
  499  effects of exposure to the agricultural pesticide, including
  500  those medical conditions that are generally recognized as being
  501  aggravated by exposure to the agricultural pesticide.
  502         3. The primary routes of entry and symptoms of
  503  overexposure.
  504         (c) The proper handling practices, necessary personal
  505  protective equipment, and other proper or necessary safety
  506  precautions in circumstances that involve the use of or exposure
  507  to the agricultural pesticide, including appropriate emergency
  508  treatment in case of overexposure.
  509         (d) The emergency procedures for spills, fire, disposal,
  510  and first aid.
  511         (e) A description of the known specific potential health
  512  risks posed by the agricultural pesticide, which is written in
  513  lay terms and is intended to alert a any person who reads the
  514  information.
  515         (f) The year and month, if available, that the information
  516  was compiled and the name, address, and emergency telephone
  517  number of the manufacturer responsible for preparing the
  518  information.
  519         Section 10. Section 487.2051, Florida Statutes, is amended
  520  to read:
  521         487.2051 Availability of agricultural pesticide information
  522  to workers and medical personnel.—
  523         (1) An agricultural employer shall make available
  524  agricultural pesticide information concerning any agricultural
  525  pesticide to a any worker:
  526         (a) Who enters an agricultural-pesticide-treated area on an
  527  agricultural establishment where:
  528         1. An agricultural pesticide has been applied within 30
  529  days of that entry; or
  530         2. A restricted-entry interval has been in effect; or
  531         (b) Who may be exposed to the agricultural pesticide during
  532  normal conditions of use or in a foreseeable emergency.
  533         (2) The agricultural pesticide information provided
  534  pursuant to subsection (1) must be in the form of a fact sheet
  535  or a material safety data sheet. The agricultural employer shall
  536  provide a written copy of the information provided pursuant to
  537  subsection (1) within 2 working days after a request for the
  538  information by a worker or a designated representative. In the
  539  case of a pesticide-related medical emergency, the agricultural
  540  employer shall provide a written copy of the information
  541  promptly upon the request of the worker, the designated
  542  representative, or medical personnel treating the worker.
  543         (3) Upon the initial purchase of a product and with the
  544  first purchase after the fact sheet or material safety data
  545  sheet is updated, the distributor, manufacturer, or importer of
  546  agricultural pesticides shall obtain or develop and provide each
  547  direct purchaser of an agricultural pesticide with a fact sheet
  548  or material safety data sheet. If the fact sheet or material
  549  safety data sheet or fact sheet for the agricultural pesticide
  550  is not available when the agricultural pesticide is purchased,
  551  the agricultural employer shall take appropriate and timely
  552  steps to obtain the fact sheet or material safety data sheet or
  553  fact sheet from the distributor, the manufacturer, the
  554  department, a federal agency, or another distribution source.
  555         (4) The department shall produce and make available to a
  556  trainer a one-page general agricultural pesticide safety sheet.
  557  The pesticide safety sheet must be in a language understandable
  558  to the worker and must include, but need not be limited to,
  559  illustrated instructions on preventing agricultural pesticide
  560  exposure and toll-free telephone numbers to the Florida Poison
  561  Control Centers. The trainer shall provide the pesticide safety
  562  sheet to the worker pursuant to the United States Environmental
  563  Protection Agency Worker Protection Standard, 40 C.F.R. s.
  564  170.130.
  565         Section 11. Subsections (3) and (5) of section 493.6120,
  566  Florida Statutes, are amended to read:
  567         493.6120 Violations; penalty.—
  568         (3) Except as otherwise provided in this chapter, a person
  569  who violates any provision of this chapter except subsection (7)
  570  commits a misdemeanor of the first degree, punishable as
  571  provided in s. 775.082 or s. 775.083. The department may also
  572  seek the imposition of a civil penalty in the Class II category
  573  pursuant to s. 570.971 upon a withholding of adjudication of
  574  guilt or an adjudication of guilt in a criminal case.
  575         (5) A person who violates or disregards a cease and desist
  576  order issued by the department commits a misdemeanor of the
  577  first degree, punishable as provided in s. 775.082 or s.
  578  775.083. In addition, the department may seek the imposition of
  579  a civil penalty in the Class II category pursuant to s. 570.971
  580  not to exceed $5,000.
  581         Section 12. Section 570.545, Florida Statutes, is
  582  transferred and renumbered as section 501.0113, Florida
  583  Statutes.
  584         Section 13. Paragraph (p) of subsection (1) of section
  585  500.03, Florida Statutes, is amended to read:
  586         500.03 Definitions; construction; applicability.—
  587         (1) For the purpose of this chapter, the term:
  588         (p) “Food establishment” means a any factory, food outlet,
  589  or any other facility manufacturing, processing, packing,
  590  holding, or preparing food or selling food at wholesale or
  591  retail. The term does not include any business or activity that
  592  is regulated under s. 413.051, s. 500.80, chapter 509, or
  593  chapter 601. The term includes tomato packinghouses and
  594  repackers but does not include any other establishments that
  595  pack fruits and vegetables in their raw or natural states,
  596  including those fruits or vegetables that are washed, colored,
  597  or otherwise treated in their unpeeled, natural form before they
  598  are marketed.
  599         Section 14. Paragraphs (a) and (b) of subsection (1) and
  600  subsection (8) of section 500.12, Florida Statutes, are amended
  601  to read:
  602         500.12 Food permits; building permits.—
  603         (1)(a) A food permit from the department is required of a
  604  any person who operates a food establishment or retail food
  605  store, except:
  606         1. Persons operating minor food outlets, including, but not
  607  limited to, video stores, that sell food that is commercially
  608  prepackaged, not potentially hazardous, and not time or
  609  temperature controlled for safety if, nonpotentially hazardous
  610  candy, chewing gum, soda, or popcorn, provided the shelf space
  611  for those items does not exceed 12 total linear feet and no
  612  other food is sold by the minor food outlet.
  613         2. Persons subject to continuous, onsite federal or state
  614  inspection.
  615         3. Persons selling only legumes in the shell, either
  616  parched, roasted, or boiled.
  617         4. Persons selling sugar cane or sorghum syrup that has
  618  been boiled and bottled on a premise located within the state.
  619  Such bottles must contain a label listing the producer’s name
  620  and street address, all added ingredients, the net weight or
  621  volume of the product, and a statement that reads: “This product
  622  has not been produced in a facility permitted by the Florida
  623  Department of Agriculture and Consumer Services.”
  624         (b) Each food establishment and retail food store regulated
  625  under this chapter must apply for and receive a food permit
  626  before operation begins. An application for a food permit from
  627  the department must be accompanied by a fee in an amount
  628  determined by department rule. The department shall adopt by
  629  rule a schedule of fees, which may not exceed $650, to be paid
  630  by each food establishment and retail food store as a condition
  631  of issuance or renewal of a food permit. Such fees and shall be
  632  used solely for the recovery of costs for the services provided,
  633  except that the fee accompanying an application for a food
  634  permit for operating a bottled water plant may not exceed $1,000
  635  and the fee accompanying an application for a food permit for
  636  operating a packaged ice plant may not exceed $250. The fee for
  637  operating a bottled water plant or a packaged ice plant shall be
  638  set by rule of the department. Food permits are not transferable
  639  from one person or physical location to another. Food permits
  640  must be renewed annually on or before January 1. If an
  641  application for renewal of a food permit is not received by the
  642  department within 30 days after its due date, a late fee, in an
  643  amount not exceeding $100, must be paid in addition to the food
  644  permit fee before the department may issue the food permit. The
  645  moneys collected shall be deposited in the General Inspection
  646  Trust Fund.
  647         (8) A Any person who, after October 1, 2000, applies for or
  648  renews a local business tax certificate occupational license to
  649  engage in business as a food establishment or retail food store
  650  must exhibit a current food permit or an active letter of
  651  exemption from the department before the local business tax
  652  certificate occupational license may be issued or renewed.
  653         Section 15. Subsections (1) through (3) of section 500.121,
  654  Florida Statutes, are amended, and subsection (7) is added to
  655  that section, to read:
  656         500.121 Disciplinary procedures.—
  657         (1) In addition to the suspension procedures provided in s.
  658  500.12, if applicable, the department may impose an
  659  administrative fine in the Class II category pursuant to s.
  660  570.971 a fine not to exceed $5,000 against any retail food
  661  store, food establishment, or cottage food operation that
  662  violates this chapter, which fine, when imposed and paid, shall
  663  be deposited by the department into the General Inspection Trust
  664  Fund. The department may revoke or suspend the permit of any
  665  such retail food store or food establishment if it is satisfied
  666  that the retail food store or food establishment has:
  667         (a) Violated any of the provisions of this chapter.
  668         (b) Violated, or aided or abetted in the violation of, any
  669  law of this state or department rule relating governing or
  670  applicable to retail food stores or food establishments or any
  671  lawful rules of the department.
  672         (c) Knowingly committed, or been a party to, any material
  673  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
  674  or device whereby another any other person, lawfully relying
  675  upon the word, representation, or conduct of a retail food store
  676  or food establishment, acts to her or his injury or damage.
  677         (d) Committed any act or conduct of the same or different
  678  character than that enumerated which constitutes fraudulent or
  679  dishonest dealing.
  680         (2) A Any manufacturer, processor, packer, or distributor
  681  who misrepresents or mislabels the country of origin of any food
  682  may, in addition to any penalty provided in this chapter, be
  683  subject to an additional administrative fine in the Class II
  684  category pursuant to s. 570.971 for each of up to $10,000 per
  685  violation.
  686         (3) An Any administrative order made and entered by the
  687  department imposing a fine pursuant to this section shall
  688  specify the amount of the fine and the time limit for payment
  689  thereof, not exceeding 21 15 days, and, upon failure of the
  690  permitholder to pay the fine within that time, the permit is
  691  subject to suspension or revocation.
  692         (7) The department may determine that a food establishment
  693  regulated under this chapter requires immediate closure when the
  694  food establishment fails to comply with this chapter or rules
  695  adopted under this chapter and presents an imminent threat to
  696  the public health, safety, and welfare. The department may
  697  accept inspection results from other state and local building
  698  officials and other regulatory agencies as justification for
  699  such action. The department shall, upon such a determination,
  700  issue an immediate final order to close a food establishment as
  701  follows:
  702         (a) The division director or designee shall determine that
  703  the continued operation of a food establishment presents an
  704  immediate danger to the public health, safety, and welfare.
  705         (b) Upon such determination, the department shall issue an
  706  immediate final order directing the owner or operator of the
  707  food establishment to cease operation and close the food
  708  establishment. The department shall serve the order upon the
  709  owner or operator of the food establishment, or agent thereof.
  710  The department may attach a closed-for-operation sign to the
  711  food establishment while the order remains in place.
  712         (c) The department shall inspect the food establishment
  713  within 24 hours after the issuance of the order. Upon a
  714  determination that the food establishment has met the applicable
  715  requirements to resume operations, the department shall serve a
  716  release upon the owner or operator of the food establishment, or
  717  agent thereof.
  718         (d) A food establishment ordered by the department to cease
  719  operation and close under this section shall remain closed until
  720  released by the department or by a judicial order to reopen.
  721         (e) It is a misdemeanor of the second degree, punishable as
  722  provided in s. 775.082 or s. 775.083, for a person to deface or
  723  remove a closed-for-operation sign placed on a food
  724  establishment by the department or for the owner or operator of
  725  a food establishment to resist closure of the establishment by
  726  the department. The department may impose administrative
  727  sanctions for violations of this paragraph.
  728         (f) The department may adopt rules to administer this
  729  subsection.
  730         Section 16. Subsection (1) of section 500.147, Florida
  731  Statutes, is amended to read:
  732         500.147 Inspection of food establishments, food records,
  733  and vehicles.—
  734         (1) The department or its duly authorized agent shall have
  735  free access at all reasonable hours to a any food establishment,
  736  food record, or any vehicle being used to transport or hold food
  737  in commerce for the purpose of inspecting such establishment,
  738  record, or vehicle to determine whether if any provision of this
  739  chapter or any rule adopted under this the chapter is being
  740  violated; to secure a sample or a specimen of any food after
  741  paying or offering to pay for such sample; to see that all
  742  sanitary rules adopted by the department are complied with; to
  743  facilitate tracing of food products in the event of a food-borne
  744  illness outbreak or the identification of an adulterated or
  745  misbranded food item; or to enforce the special-occupancy
  746  provisions of the Florida Building Code which apply to food
  747  establishments.
  748         Section 17. Subsection (3) of section 500.165, Florida
  749  Statutes, is amended to read:
  750         500.165 Transporting shipments of food items; rules;
  751  penalty.—
  752         (3) A Any person who violates subsection (1) or the rules
  753  adopted under subsection (2) is subject to an administrative
  754  fine in the class III category pursuant to s. 570.971 for each
  755  not to exceed $50,000 per violation. In addition, a any person
  756  who violates subsection (1) commits is guilty of a misdemeanor
  757  of the first degree, punishable as provided in s. 775.082 or s.
  758  775.083.
  759         Section 18. Section 500.172, Florida Statutes, is amended
  760  to read:
  761         500.172 Embargoing, detaining, destroying of food, or food
  762  processing equipment, food-processing areas, or food storage
  763  areas that are is in violation.—
  764         (1) If When the department or its duly authorized agent
  765  finds, or has probable cause to believe, that any food article,
  766  or food-processing equipment, food-processing area, or food
  767  storage area is in violation of this chapter or any rule adopted
  768  under this chapter so as to be dangerous, unwholesome,
  769  fraudulent, or insanitary within the meaning of this chapter, an
  770  agent of the department may issue and enforce a stop-sale, stop
  771  use, removal, or hold order, which order gives notice that such
  772  article, or processing equipment, processing area, or storage
  773  area is, or is suspected of being, in violation and has been
  774  detained or embargoed and which order warns all persons not to
  775  remove, use, or dispose of such article, or processing
  776  equipment, processing area, or storage area by sale or otherwise
  777  until permission for removal, use, or disposal is given by the
  778  department or the court. A It is unlawful for any person may not
  779  to remove, use, or dispose of such detained or embargoed
  780  article, or processing equipment, processing area, or storage
  781  area by sale or otherwise without such permission.
  782         (2) If an article, or processing equipment, processing
  783  area, or storage area detained or embargoed under subsection (1)
  784  has been found by the department to be in violation of law or
  785  rule, the department may, within a reasonable period of time
  786  after the issuance of such notice, petition the circuit court,
  787  in the jurisdiction of which the article, or processing
  788  equipment, processing area, or storage area is detained or
  789  embargoed, for an order for condemnation of such article, or
  790  processing equipment, processing area, or storage area. When the
  791  department has found that an article, or processing equipment,
  792  processing area, or storage area so detained or embargoed is not
  793  in violation, the department shall rescind the stop-sale, stop
  794  use, removal, or hold order.
  795         (3) If the court finds that the detained or embargoed
  796  article, or processing equipment, processing area, or storage
  797  area is in violation, such article, or processing equipment,
  798  processing area, or storage area shall, after entry of the
  799  decree, be destroyed or made sanitary at the expense of the
  800  claimant thereof under the supervision of the department, and;
  801  all court costs, fees, and storage and other proper expenses
  802  shall be taxed against the claimant of such article, or
  803  processing equipment, processing area, or storage area or her or
  804  his agent. However, if the violation can be corrected by proper
  805  labeling of the article or sanitizing of the processing
  806  equipment, processing area, or storage area, and after such
  807  costs, fees, and expenses have been paid and a good and
  808  sufficient bond, conditioned that such article be so labeled or
  809  processed or such processing equipment, processing area, or
  810  storage area so sanitized, has been executed, the court may by
  811  order direct that such article, or processing equipment,
  812  processing area, or storage area be made available delivered to
  813  the claimant thereof for such labeling, processing, or
  814  sanitizing under the supervision of the department. The expense
  815  of such supervision shall be paid by the claimant. Such bond
  816  shall be returned to the claimant of the article or processing
  817  equipment, processing area, or storage area, on representation
  818  to the court by the department that the article, or processing
  819  equipment, processing area, or storage area is no longer in
  820  violation of this chapter and that the expenses of such
  821  supervision have been paid.
  822         (4) When the department or any of its authorized agents
  823  finds in any room, building, vehicle, or other structure any
  824  meat, seafood, poultry, vegetable, fruit, or other perishable
  825  articles which are unsound or contain any filthy, decomposed, or
  826  putrid substances, or which may be poisonous or deleterious to
  827  health or otherwise unsafe, the same is being hereby declared to
  828  be a nuisance, and the department, or its authorized agent,
  829  shall forthwith condemn or destroy the same, or in any other
  830  manner render the same unsalable as human food.
  831         Section 19. Subsection (3) and paragraph (b) of subsection
  832  (4) of section 501.019, Florida Statutes, are amended to read:
  833         501.019 Health studios; penalties.—
  834         (3) The department may institute proceedings in the
  835  appropriate circuit court to recover any penalties or damages
  836  allowed in this section and for injunctive relief to enforce
  837  compliance with ss. 501.012-501.019 or any rule or order of the
  838  department. The department may seek a civil penalty in the Class
  839  II category pursuant to s. 570.971 of up to $5,000 for each
  840  violation of this section.
  841         (4)
  842         (b) Upon a finding as set forth in paragraph (a), the
  843  department may enter an order doing one or more of the
  844  following:
  845         1. Issuing a notice of noncompliance pursuant to s.
  846  120.695.
  847         2. For a violation of s. 501.015 or s. 501.016, imposing an
  848  administrative fine in the Class II category pursuant to s.
  849  570.971 for each not to exceed $5,000 per violation.
  850         3. For a violation of s. 501.013, s. 501.017, or s.
  851  501.018, imposing an administrative fine not to exceed $500 per
  852  violation.
  853         3.4. Directing that the health studio cease and desist
  854  specified activities.
  855         4.5. Refusing to register or revoking or suspending a
  856  registration.
  857         5.6. Placing the registrant on probation for a period of 5
  858  years, subject to such conditions as the department may specify
  859  by rule.
  860         Section 20. Subsection (9) of section 501.059, Florida
  861  Statutes, is amended, and subsection (12) is added to that
  862  section, to read:
  863         501.059 Telephone solicitation.—
  864         (9)(a) The department shall investigate any complaints
  865  received concerning violations of this section. If, after
  866  investigating a any complaint, the department finds that there
  867  has been a violation of this section, the department or the
  868  Department of Legal Affairs may bring an action to impose a
  869  civil penalty and to seek other relief, including injunctive
  870  relief, as the court deems appropriate against the telephone
  871  solicitor. The civil penalty shall be in the Class III category
  872  pursuant to s. 570.971 for each may not exceed $10,000 per
  873  violation and shall be deposited in the General Inspection Trust
  874  Fund if the action or proceeding was brought by the department,
  875  or the Legal Affairs Revolving Trust Fund if the action or
  876  proceeding was brought by the Department of Legal Affairs. This
  877  civil penalty may be recovered in any action brought under this
  878  part by the department, or the department may terminate any
  879  investigation or action upon agreement by the person to pay a
  880  stipulated civil penalty. The department or the court may waive
  881  any civil penalty if the person has previously made full
  882  restitution or reimbursement or has paid actual damages to the
  883  consumers who have been injured by the violation.
  884         (b) The department may, as an alternative to the civil
  885  penalties provided in paragraph (a), impose an administrative
  886  fine in the Class I category pursuant to s. 570.971 not to
  887  exceed $1,000 for each act or omission that constitutes a
  888  violation of this section. An administrative proceeding that
  889  could result in the entry of an order imposing an administrative
  890  penalty must be conducted pursuant to in accordance with chapter
  891  120.
  892         (12) The department may adopt rules to implement this
  893  section.
  894         Section 21. Paragraph (a) of subsection (1) of section
  895  501.922, Florida Statutes, is amended to read:
  896         501.922 Violation.—
  897         (1) The department may enter an order imposing one or more
  898  of the following penalties against any person who violates ss.
  899  501.91-501.923 or who impedes, obstructs, or hinders the
  900  department in performing its duties under those sections:
  901         (a) Imposition of an administrative fine in the Class II
  902  category pursuant to s. 570.971 for each of not more than $1,000
  903  per violation for a first-time offender. For a second-time or
  904  repeat offender, or any person who willfully and intentionally
  905  violates ss. 501.91-501.923, the administrative fine may not
  906  exceed $5,000 per violation.
  907         Section 22. Section 570.42, Florida Statutes, is
  908  transferred, renumbered as section 502.301, Florida Statutes,
  909  and amended to read:
  910         502.301 570.42 Dairy Industry Technical Council.—
  911         (1) COMPOSITION.—The Dairy Industry Technical Council is
  912  hereby created within in the department and shall be composed of
  913  seven members as follows:
  914         (a) Two citizens of the state, one of whom shall be
  915  associated with the Agricultural Extension Service of the
  916  University of Florida and the other with the College of
  917  Agricultural and Life Sciences Agriculture of the University of
  918  Florida.
  919         (b) An employee of the Department of Health.
  920         (c) Two dairy farmers who are actively engaged in the
  921  production of milk in this state and who earn a major portion of
  922  their income from the production of milk. The commissioner shall
  923  appoint the two members provided for in this paragraph from no
  924  fewer than four nor more than six nominees submitted by the
  925  recognized statewide organizations representing this group. In
  926  the absence of nominations, the commissioner shall appoint other
  927  persons qualified under the provisions of this paragraph.
  928         (d) Two distributors of milk. “Distributor” means any milk
  929  dealer who operates a milk gathering station or processing plant
  930  where milk is collected and bottled or otherwise processed and
  931  prepared for sale. The commissioner shall appoint the two
  932  members provided for in this paragraph from no fewer than four
  933  nor more than six nominees submitted by the recognized statewide
  934  organizations representing this group. In the absence of
  935  nominations, the commissioner shall appoint other persons
  936  qualified under the provisions of this paragraph.
  937         (e) All members shall serve 4-year terms or until their
  938  successors are duly qualified and appointed. If a vacancy
  939  occurs, it shall be filled for the remainder of the term in the
  940  manner of an initial appointment.
  941         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
  942  meetings, powers and duties, procedures, and recordkeeping of
  943  the Dairy Industry Technical Council shall be pursuant to s.
  944  570.232 governed by the provisions of s. 570.0705 relating to
  945  advisory committees established within the department.
  946         Section 23. Part I of chapter 570, Florida Statutes,
  947  consisting of ss. 570.01-570.232, Florida Statues, is created
  948  and entitled “General Provisions.”
  949         Section 24. Section 570.14, Florida Statutes, is renumbered
  950  as section 570.031, Florida Statutes, and amended to read:
  951         570.031 570.14 Seal of department.—The department shall
  952  have an official seal which shall be used for the authentication
  953  of the orders and proceedings of the department and for such
  954  other purposes as the department may prescribe. Use of the seal
  955  or any likeness thereof requires written approval of the
  956  department.
  957         Section 25. Section 570.18, Florida Statutes, is renumbered
  958  as section 570.041, Florida Statutes.
  959         Section 26. Section 570.16, Florida Statutes, is renumbered
  960  as section 570.051, Florida Statutes.
  961         Section 27. Subsection (33) of section 570.07, Florida
  962  Statutes, is amended to read:
  963         570.07 Department of Agriculture and Consumer Services;
  964  functions, powers, and duties.—The department shall have and
  965  exercise the following functions, powers, and duties:
  966         (33) To assist local volunteer and nonprofit organizations
  967  in soliciting, collecting, packaging, or delivering surplus
  968  fresh fruit and vegetables for distribution pursuant to s.
  969  595.420 in accordance with s. 570.0725. The department also may
  970  coordinate the development of food recovery programs in the
  971  production areas of the state using local volunteer and
  972  nonprofit organizations.
  973         Section 28. Section 570.17, Florida Statutes, is renumbered
  974  as section 570.081, Florida Statutes.
  975         Section 29. Section 570.531, Florida Statutes, is
  976  renumbered as section 570.209, Florida Statutes.
  977         Section 30. Paragraph (d) of subsection (1) and subsection
  978  (2) of section 570.23, Florida Statutes, are amended to read:
  979         570.23 State Agricultural Advisory Council.—
  980         (1) COMPOSITION.—The State Agricultural Advisory Council is
  981  hereby created in the department.
  982         (d) On or after January 15, 1988, Alternates shall be
  983  appointed for each member and shall serve as alternates for the
  984  remainder of the corresponding members’ terms. As terms of
  985  current members expire, members and their alternates shall be
  986  appointed for 4-year terms and shall serve until their
  987  successors are duly qualified and appointed. A vacancy shall be
  988  filled for the remainder of an unexpired term in the same manner
  989  as an initial appointment.
  990         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
  991  meetings, powers and duties, procedures, and recordkeeping of
  992  the State Agricultural Advisory Council shall be pursuant to s.
  993  570.232 governed by the provisions of s. 570.0705 relating to
  994  advisory committees established within the department.
  995         Section 31. Section 570.0705, Florida Statutes, is
  996  renumbered as section 570.232, Florida Statutes.
  997         Section 32. Part II of chapter 570, Florida Statutes,
  998  consisting of ss. 570.30-570.693, Florida Statutes, is created
  999  and entitled “Program Services.”
 1000         Section 33. Subsection (5) of section 570.36, Florida
 1001  Statutes, is amended to read:
 1002         570.36 Division of Animal Industry; powers and duties.—The
 1003  duties of the Division of Animal Industry include, but are not
 1004  limited to:
 1005         (5) Operating and managing the animal disease diagnostic
 1006  laboratory laboratories provided for in chapter 585.
 1007         Section 34. Subsections (3) and (4) of section 570.44,
 1008  Florida Statutes, are amended to read:
 1009         570.44 Division of Agricultural Environmental Services;
 1010  powers and duties.—The duties of the Division of Agricultural
 1011  Environmental Services include, but are not limited to:
 1012         (3) Supporting the Pesticide Review Council and Reviewing
 1013  and evaluating technical and scientific data associated with the
 1014  production, manufacture, storage, transportation, sale, or use
 1015  of any article or product with respect to any statutory
 1016  authority which is conferred on the department. The department
 1017  may is authorized to establish positions within the division for
 1018  the employment of experts in the fields of toxicology,
 1019  hydrology, and biology to conduct such reviews and evaluations
 1020  and may. The department is also authorized to establish
 1021  appropriate clerical support positions to implement the duties
 1022  and responsibilities of the division.
 1023         (4) Enforcing and implementing the responsibilities of
 1024  chapter 582, and the rules relating to soil and water
 1025  conservation.
 1026         Section 35. Subsection (2) of section 570.45, Florida
 1027  Statutes, is amended to read:
 1028         570.45 Director; duties.—
 1029         (2) The director shall supervise, direct, and coordinate
 1030  the activities of the division and enforce the provisions of
 1031  chapters 388, 482, 487, 501, 504, 531, 570, 576, 578, and 580,
 1032  and 582 and any other chapter necessary to carry out the
 1033  responsibilities of the division.
 1034         Section 36. Paragraph (d) of subsection (3) of section
 1035  570.451, Florida Statutes, is amended to read:
 1036         570.451 Agricultural Feed, Seed, and Fertilizer Advisory
 1037  Council.—
 1038         (3)
 1039         (d) The meetings, powers and duties, procedures, and
 1040  recordkeeping of the council shall be pursuant to s. 570.232 in
 1041  accordance with the provisions of s. 570.0705 relating to
 1042  advisory committees established within the department.
 1043         Section 37. Subsections (2) and (3) of section 570.50,
 1044  Florida Statutes, are amended to read:
 1045         570.50 Division of Food Safety; powers and duties.—The
 1046  duties of the Division of Food Safety include, but are not
 1047  limited to:
 1048         (2) Conducting those general inspection activities relating
 1049  to food and food products being processed, held, or offered for
 1050  sale in this state and enforcing those provisions of chapters
 1051  500, 501, 502, 531, 583, 585, 586, 597, and 601 relating to
 1052  foods as authorized by the department.
 1053         (3) Analyzing samples of foods offered for sale in this
 1054  state as required under chapters 500, 501, 502, 585, 586, 597,
 1055  and 601.
 1056         Section 38. Subsection (2) of section 570.51, Florida
 1057  Statutes, is amended to read:
 1058         570.51 Director; qualifications; duties.—
 1059         (2) The director shall supervise, direct, and coordinate
 1060  the activities of the division and enforce the provisions of
 1061  chapters 500, 501, 502, 531, 583, 585, 597, and 601 and any
 1062  other chapter necessary to carry out the responsibilities of the
 1063  division.
 1064         Section 39. Subsection (2) of section 570.543, Florida
 1065  Statutes, is amended to read:
 1066         570.543 Florida Consumers’ Council.—The Florida Consumers’
 1067  Council in the department is created to advise and assist the
 1068  department in carrying out its duties.
 1069         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 1070  meetings, powers and duties, procedures, and recordkeeping of
 1071  the Florida Consumers’ Council shall be pursuant to s. 570.232
 1072  governed by the provisions of s. 570.0705 relating to advisory
 1073  committees established within the department. The council
 1074  members or chair may call no more than two meetings.
 1075         Section 40. Section 570.073, Florida Statutes, is
 1076  renumbered as section 570.65, Florida Statutes.
 1077         Section 41. Section 570.074, Florida Statutes, is
 1078  renumbered as section 570.66, Florida Statutes, and amended to
 1079  read:
 1080         570.66 570.074 Department of Agriculture and Consumer
 1081  Services; Water Policy.—The commissioner may create an Office of
 1082  Agricultural Water Policy under the supervision of a senior
 1083  manager exempt under s. 110.205 in the Senior Management
 1084  Service. The commissioner may designate the bureaus and
 1085  positions in the various organizational divisions of the
 1086  department that report to the this office relating to any matter
 1087  over which the department has jurisdiction in matters relating
 1088  to water policy affecting agriculture, application of such
 1089  policies, and coordination of such matters with state and
 1090  federal agencies. The office shall enforce and implement chapter
 1091  582 and rules relating to soil and water conservation.
 1092         Section 42. Section 570.67, Florida Statutes, is created to
 1093  read:
 1094         570.67 Office of Energy.—The Office of Energy is created
 1095  within the department. The office shall be under the supervision
 1096  of a senior manager, appointed by the commissioner, exempt under
 1097  s. 110.205 in the Senior Management Service. The duties of the
 1098  office must include, but are not limited to, administering and
 1099  enforcing parts II and III of chapter 377, the rules adopted
 1100  under those parts, and any other duties authorized by the
 1101  commissioner.
 1102         Section 43. Section 570.951, Florida Statutes, is
 1103  renumbered as section 570.681, Florida Statutes.
 1104         Section 44. Section 570.952, Florida Statutes, is
 1105  renumbered as section 570.685, Florida Statutes, and amended to
 1106  read:
 1107         570.685 570.952 Florida Agriculture Center and Horse Park
 1108  Authority.—
 1109         (1) There is created within the Department of Agriculture
 1110  and Consumer Services the Florida Agriculture Center and Horse
 1111  Park Authority which shall be governed by this section and s.
 1112  570.691 s. 570.903.
 1113         (2) The authority shall be composed of 21 members appointed
 1114  by the commissioner.
 1115         (a) Initially, the commissioner shall appoint 11 members
 1116  for 4-year terms and 10 members for 2-year terms. Thereafter,
 1117  each member shall be appointed for a term of 4 years from the
 1118  date of appointment, except that a vacancy shall be filled by
 1119  appointment for the remainder of the term.
 1120         (b) A Any member of the authority who fails to attend three
 1121  consecutive authority meetings without good cause shall be
 1122  deemed to have resigned from the authority.
 1123         (c) Terms for members appointed prior to July 1, 2005,
 1124  shall expire on July 1, 2005.
 1125         (3) The Florida Agriculture Center and Horse Park Authority
 1126  shall have the power and duty to:
 1127         (a) Appoint, with approval from the commissioner, an
 1128  executive director for the Florida Agriculture Center and Horse
 1129  Park.
 1130         (b) Establish rules of procedure for conducting its
 1131  meetings and approving matters before the authority pursuant to
 1132  s. 570.691 that are consistent with s. 570.903.
 1133         (c) Develop, document, and implement strategies for the
 1134  planning, construction, and operation of the Florida Agriculture
 1135  Center and Horse Park.
 1136         (d) Advise and consult with the commissioner on matters
 1137  related to the Florida Agriculture Center and Horse Park.
 1138         (e) Consider all matters submitted to the authority by the
 1139  commissioner.
 1140         (4) The authority shall meet at least semiannually and
 1141  elect a chair chairperson, a vice chair chairperson, and a
 1142  secretary for 1-year terms.
 1143         (a) The authority shall meet at the call of its chair
 1144  chairperson, at the request of a majority of its membership, at
 1145  the request of the commissioner, or at such times as may be
 1146  prescribed by its rules of procedure.
 1147         (b) The department shall be responsible for providing
 1148  administrative and staff support services relating to the
 1149  meetings of the authority and shall provide suitable space in
 1150  the offices of the department for the meetings and the storage
 1151  of records of the authority.
 1152         (c) In conducting its meetings, the authority shall use
 1153  accepted rules of procedure. The secretary shall keep a complete
 1154  record of the proceedings of each meeting, which record shall
 1155  show the names of the members present and the actions taken.
 1156  These records shall be kept on file with the department, and
 1157  such records and other documents regarding matters within the
 1158  jurisdiction of the authority shall be subject to inspection by
 1159  members of the authority.
 1160         Section 45. Section 570.953, Florida Statutes, is
 1161  renumbered as section 570.686, Florida Statutes.
 1162         Section 46. Section 570.902, Florida Statutes, is
 1163  renumbered as section 570.69, Florida Statutes, and amended to
 1164  read:
 1165         570.69 570.902 Definitions; ss. 570.902 and 570.903.—For
 1166  the purpose of this section and s. 570.691 s. 570.903:
 1167         (1) “Designated program” means the departmental program
 1168  which a direct-support organization has been created to support.
 1169         (2) “Direct-support organization” or “organization” means
 1170  an organization which is a Florida corporation not for profit
 1171  incorporated under the provisions of chapter 617 and approved by
 1172  the department to operate for the benefit of a museum or a
 1173  designated program.
 1174         (3) “Museum” means the Florida Agricultural Museum which is
 1175  designated as the museum for agriculture and rural history of
 1176  the State of Florida.
 1177         Section 47. Section 570.903, Florida Statutes, is
 1178  renumbered as section 570.691, Florida Statutes.
 1179         Section 48. Section 570.901, Florida Statutes, is
 1180  renumbered as section 570.692, Florida Statutes.
 1181         Section 49. Section 570.91, Florida Statutes, is renumbered
 1182  as section 570.693, Florida Statutes.
 1183         Section 50. Part III of chapter 570, Florida Statutes,
 1184  consisting of ss. 570.70-570.89, Florida Statutes, is created
 1185  and entitled “Agricultural Development.”
 1186         Section 51. Subsections (2) and (12) of section 570.71,
 1187  Florida Statutes, are amended to read:
 1188         570.71 Conservation easements and agreements.—
 1189         (2) To achieve the purposes of this section act, beginning
 1190  no sooner than July 1, 2002, and every year thereafter, the
 1191  department may accept applications for project proposals to
 1192  that:
 1193         (a) Purchase conservation easements, as defined in s.
 1194  704.06.
 1195         (b) Purchase rural-lands-protection easements pursuant to
 1196  this section act.
 1197         (c) Fund resource conservation agreements pursuant to this
 1198  section act.
 1199         (d) Fund agricultural protection agreements pursuant to
 1200  this section act.
 1201         (12) The department may is authorized to use funds from the
 1202  following sources to implement this section act:
 1203         (a) State funds;
 1204         (b) Federal funds;
 1205         (c) Other governmental entities;
 1206         (d) Nongovernmental organizations; or
 1207         (e) Private individuals.
 1208  
 1209  Any such funds provided shall be deposited into the Conservation
 1210  and Recreation Lands Program Trust Fund within the Department of
 1211  Agriculture and Consumer Services and used for the purposes of
 1212  this section, including administrative and operating expenses
 1213  related to appraisals, mapping, title process, personnel, and
 1214  other real estate-related expenses act.
 1215         Section 52. Section 570.241, Florida Statutes, is
 1216  transferred and renumbered as section 570.73, Florida Statutes.
 1217         Section 53. Section 570.242, Florida Statutes, is
 1218  renumbered as section 570.74, and amended to read:
 1219         570.74 570.242 Definitions relating to Agricultural
 1220  Economic Development Act.—For purposes of this act, the term
 1221  following terms shall have the following meanings:
 1222         (1) “Agriculturally depressed area” means a rural area that
 1223  which has declining profitability from agricultural enterprises
 1224  and one or more of the following characteristics:
 1225         (a) A stable or declining population.
 1226         (b) A stable or declining real per capita income.
 1227         (c) A traditional economy based on agriculture or
 1228  extraction of solid minerals.
 1229         (d) A low ad valorem tax base.
 1230         (e) A need for agribusiness and leadership training.
 1231         (f) Crop losses or economic depression resulting from a
 1232  natural disaster or socioeconomic conditions or events that
 1233  which negatively impact a crop.
 1234         (2) “Assistance” means financial or nonfinancial assistance
 1235  issued pursuant to the provisions of this act.
 1236         (3) “Commissioner” means the Commissioner of Agriculture.
 1237         (4) “Department” means the Department of Agriculture and
 1238  Consumer Services.
 1239         (3)(5) “Financial assistance” means the providing of funds
 1240  to an agribusiness.
 1241         (4)(6) “Nonfinancial assistance” means the providing of
 1242  personnel to work with an agribusiness to establish an
 1243  infrastructure, including, but not limited to, the development
 1244  of an accounting system, management procedures, and a marketing
 1245  plan. Nonfinancial assistance includes shall also include the
 1246  providing of equipment.
 1247         Section 54. Section 570.243, Florida Statutes, is
 1248  renumbered as section 570.75, Florida Statutes.
 1249         Section 55. Section 570.244, Florida Statutes, is
 1250  renumbered as section 570.76, Florida Statutes.
 1251         Section 56. Section 570.245, Florida Statutes, is
 1252  renumbered as section 570.77, Florida Statutes.
 1253         Section 57. Section 570.246, Florida Statutes, is
 1254  renumbered as section 570.78, Florida Statutes.
 1255         Section 58. Section 570.247, Florida Statutes, is
 1256  renumbered as section 570.79, Florida Statutes, and amended to
 1257  read:
 1258         570.79 570.247Adoption Promulgation of rules.—In
 1259  conjunction with funds specifically appropriated for the
 1260  purposes specified in this act, The department shall adopt begin
 1261  to promulgate rules no later than January 1, 1992, pursuant to
 1262  s. 120.54, pertaining to:
 1263         (1) Formal notification procedures for the availability of
 1264  assistance, including publication in the Florida Administrative
 1265  Register pursuant to s. 120.55.
 1266         (2) Written evaluation criteria for selecting project
 1267  proposals to receive assistance. The criteria for eligibility of
 1268  assistance shall include a written business plan delineating the
 1269  economic viability of the proposed project, including the
 1270  financial commitment by project participants and a schedule for
 1271  repayment of agricultural economic development funds.
 1272         (3) Procedures for repayment of financial assistance by an
 1273  assisted agribusiness into the General Inspection Trust Fund
 1274  within the department. Repayment of financial assistance shall
 1275  be based upon a percentage of future profits until repayment is
 1276  complete.
 1277         (4) Funding procedures for projects eligible for
 1278  assistance. These procedures shall include the amount of
 1279  funding, the limits and requirements for the objects of
 1280  expenditure, and the duration of assistance.
 1281         (5) Other subject matter pertaining to the implementation
 1282  of this act.
 1283         Section 59. Section 570.248, Florida Statutes, is
 1284  renumbered as section 570.81, Florida Statutes.
 1285         Section 60. Section 570.249, Florida Statutes, is
 1286  renumbered as section 570.82, Florida Statutes.
 1287         Section 61. Section 570.9135, Florida Statutes, is
 1288  renumbered as section 570.83, Florida Statutes, and subsection
 1289  (6) of that section is amended, to read:
 1290         570.83 570.9135 Beef Market Development Act; definitions;
 1291  Florida Beef Council, Inc., creation, purposes, governing board,
 1292  powers, and duties; referendum on assessments imposed on gross
 1293  receipts from cattle sales; payments to organizations for
 1294  services; collecting and refunding assessments; vote on
 1295  continuing the act; council bylaws.—
 1296         (6) REFERENDUM ON ASSESSMENTS.—All producers in this state
 1297  shall have the opportunity to vote in a referendum to determine
 1298  whether the council shall be authorized to impose an assessment
 1299  of not more than $1 per head on cattle sold in the state. The
 1300  referendum shall pose the question: “Do you approve of an
 1301  assessment program, up to $1 per head of cattle pursuant to
 1302  section 570.83 section 570.9135, Florida Statutes, to be funded
 1303  through specific contributions that are mandatory and refundable
 1304  upon request?”
 1305         (a) A referendum held under this section must be conducted
 1306  by secret ballot at extension offices of the Institute of Food
 1307  and Agricultural Sciences of the University of Florida or at
 1308  offices of the United States Department of Agriculture with the
 1309  cooperation of the department.
 1310         (b) Notice of a referendum to be held under this act must
 1311  be given at least once in trade publications, the public press,
 1312  and statewide newspapers at least 30 days before the referendum
 1313  is held.
 1314         (c) Additional referenda may be held to authorize the
 1315  council to increase the assessment to more than $1 per head of
 1316  cattle. Such referendum shall pose the question: “Do you approve
 1317  of granting the Florida Beef Council, Inc., authority to
 1318  increase the per-head-of-cattle assessment pursuant to section
 1319  570.83 section 570.9135, Florida Statutes, from ...(present
 1320  rate)... to up to a maximum of ...(proposed rate)... per head?”
 1321  Referenda may not be held more often than once every 3 years.
 1322         (d) Each cattle producer is entitled to only one vote in a
 1323  referendum held under this section act. Proof of identification
 1324  and cattle ownership must be presented before voting.
 1325         (e) A simple majority of those casting ballots determines
 1326  shall determine any issue that requires a referendum under this
 1327  section act.
 1328         Section 62. Section 570.954, Florida Statutes, is
 1329  renumbered as section 570.841, Florida Statutes.
 1330         Section 63. Section 570.96, Florida Statutes, is renumbered
 1331  as section 570.85, Florida Statutes.
 1332         Section 64. Section 570.961, Florida Statutes, is
 1333  renumbered as section 570.86, Florida Statutes, and amended to
 1334  read:
 1335         570.86 570.961 Definitions.—As used in ss. 570.85-570.89
 1336  570.96-570.964, the term:
 1337         (1) “Agritourism activity” means any agricultural related
 1338  activity consistent with a bona fide farm or ranch or in a
 1339  working forest which allows members of the general public, for
 1340  recreational, entertainment, or educational purposes, to view or
 1341  enjoy activities, including farming, ranching, historical,
 1342  cultural, or harvest-your-own activities and attractions. An
 1343  agritourism activity does not include the construction of new or
 1344  additional structures or facilities intended primarily to house,
 1345  shelter, transport, or otherwise accommodate members of the
 1346  general public. An activity is an agritourism activity
 1347  regardless of whether or not the participant paid to participate
 1348  in the activity.
 1349         (2) “Agritourism operator” means a any person who is
 1350  engaged in the business of providing one or more agritourism
 1351  activities, whether for compensation or not for compensation.
 1352         (3) “Farm” means the land, buildings, support facilities,
 1353  machinery, and other appurtenances used in the production of
 1354  farm or aquaculture products, including land used to display
 1355  plants, animals, farm products, or farm equipment to the public.
 1356         (4) “Farm operation” has the same meaning as defined in s.
 1357  823.14.
 1358         (5) “Inherent risks of agritourism activity” means those
 1359  dangers or conditions that are an integral part of an
 1360  agritourism activity including certain hazards, such as surface
 1361  and subsurface conditions; natural conditions of land,
 1362  vegetation, and waters; the behavior of wild or domestic
 1363  animals; and the ordinary dangers of structures or equipment
 1364  ordinarily used in farming and ranching operations. The term
 1365  also includes the potential of a participant to act in a
 1366  negligent manner that may contribute to the injury of the
 1367  participant or others, including failing to follow the
 1368  instructions given by the agritourism operator or failing to
 1369  exercise reasonable caution while engaging in the agritourism
 1370  activity.
 1371         Section 65. Section 570.962, Florida Statutes, is
 1372  renumbered as section 570.87, Florida Statutes.
 1373         Section 66. Section 570.963, Florida Statutes, is
 1374  renumbered as section 570.88, Florida Statutes, and subsection
 1375  (1) of that section is amended, to read:
 1376         570.88 570.963 Liability.—
 1377         (1) Except as provided in subsection (2), an agritourism
 1378  operator, his or her employer or employee, or the owner of the
 1379  underlying land on which the agritourism occurs is not liable
 1380  for injury or death of, or damage or loss to, a participant
 1381  resulting from the inherent risks of agritourism activities if
 1382  the notice of risk required under s. 570.89 s. 570.964 is posted
 1383  as required. Except as provided in subsection (2), a
 1384  participant, or a participant’s representative, may not maintain
 1385  an action against or recover from an agritourism operator, his
 1386  or her employer or employee, or the owner of the underlying land
 1387  on which the agritourism occurs for the injury or death of, or
 1388  damage or loss to, an agritourism participant resulting
 1389  exclusively from any of the inherent risks of agritourism
 1390  activities.
 1391         Section 67. Section 570.964, Florida Statutes, is
 1392  renumbered as section 570.89, Florida Statutes, and subsection
 1393  (3) of that section is amended, to read:
 1394         570.89 570.964 Posting and notification.—
 1395         (3) Failure to comply with the requirements of this section
 1396  subsection prevents an agritourism operator, his or her employer
 1397  or employee, or the owner of the underlying land on which the
 1398  agritourism occurs from invoking the privileges of immunity
 1399  provided by this section.
 1400         Section 68. Part IV of chapter 570, Florida Statutes,
 1401  consisting of ss. 570.916-570.94, Florida Statutes, is created
 1402  and entitled “Agricultural Water Policy.”
 1403         Section 69. Section 570.075, Florida Statutes, is
 1404  renumbered as section 570.916, Florida Statutes.
 1405         Section 70. Section 570.076, Florida Statutes, is
 1406  renumbered as section 570.921, Florida Statutes, and paragraph
 1407  (c) of subsection (2) of that section is amended to read:
 1408         570.921 570.076 Environmental Stewardship Certification
 1409  Program.—The department may, by rule, establish the
 1410  Environmental Stewardship Certification Program consistent with
 1411  this section. A rule adopted under this section must be
 1412  developed in consultation with state universities, agricultural
 1413  organizations, and other interested parties.
 1414         (2) The department shall provide an agricultural
 1415  certification under this program for implementation of one or
 1416  more of the following criteria:
 1417         (c) Best management practices adopted by rule pursuant to
 1418  s. 403.067(7)(c) or s. 570.93(1)(b) s. 570.085(1)(b).
 1419         Section 71. Section 570.085, Florida Statutes, is
 1420  renumbered as section 570.93, Florida Statutes.
 1421         Section 72. Section 570.087, Florida Statutes, is
 1422  renumbered as section 570.94, Florida Statutes.
 1423         Section 73. Part V of chapter 570, Florida Statutes,
 1424  consisting of s. 570.971, Florida Statutes, is created and
 1425  entitled “Penalties.”
 1426         Section 74. Section 570.971, Florida Statutes, is created
 1427  to read:
 1428         570.971Penalties; administrative and civil.—
 1429         (1) The department or enforcing authority may impose the
 1430  following fine amount for the class category specified in the
 1431  chapter or section of law violated:
 1432         (a) Class I.—For each violation in the Class I category, a
 1433  fine not to exceed $1,000 may be imposed.
 1434         (b) Class II.—For each violation in the Class II category,
 1435  a fine not to exceed $5,000 may be imposed.
 1436         (c) Class III.—For each violation in the Class III
 1437  category, a fine not to exceed $10,000 may be imposed.
 1438         (d) Class IV.—For each violation in the Class IV category,
 1439  a fine of $10,000 or more may be imposed.
 1440         (2)(a) This section does not supersede a chapter or section
 1441  of law or rule that limits the total fine amount that may be
 1442  imposed for a violation.
 1443         (b) The class categories under this section also apply to
 1444  penalties provided by rule.
 1445         (c) The penalties under this section are in addition to any
 1446  other remedy provided by law.
 1447         (3) A person who violates this chapter or any rule adopted
 1448  under this chapter is subject to an administrative or civil fine
 1449  in the Class II category in addition to any other penalty
 1450  provided by law.
 1451         (4) The department may refuse to issue or renew any
 1452  license, permit, authorization, certificate, or registration to
 1453  a person who has not satisfied a penalty imposed by the
 1454  department.
 1455         (5) The department may adopt rules to implement this
 1456  section or any section that references this section.
 1457         Section 75. Subsection (1) and paragraph (a) of subsection
 1458  (2) of section 576.021, Florida Statutes, are amended to read:
 1459         576.021 Registration and licensing.—
 1460         (1) A company the person whose name and address of which
 1461  appears upon a label and which who guarantees a fertilizer may
 1462  not distribute that fertilizer to a nonlicensee until a license
 1463  to distribute has been obtained by the company that person from
 1464  the department upon payment of a $100 fee. All licenses shall
 1465  expire on June 30 each year. An application for license shall
 1466  include the following information:
 1467         (a) The name and address of the applicant.
 1468         (b) The name and address of the distribution point. The
 1469  name and address shown on the license shall be shown on all
 1470  labels, pertinent invoices, and storage facilities for
 1471  fertilizer distributed by the licensee in this state.
 1472         (2)(a) A company the name and address of which appear upon
 1473  a label and which guarantees a fertilizer person may not
 1474  distribute a specialty fertilizer in this state until it is
 1475  registered with the department by the licensee whose name
 1476  appears on the label. An application for registration of each
 1477  brand and grade of specialty fertilizer shall be filed with the
 1478  department by using made on a form prescribed furnished by the
 1479  department or by using the department’s website and shall be
 1480  accompanied by an annual fee of $100 for each specialty
 1481  fertilizer that is registered. All specialty fertilizer
 1482  registrations expire June 30 each year. All licensing and
 1483  registration fees paid to the department under this section
 1484  shall be deposited into the State Treasury to be placed in the
 1485  General Inspection Trust Fund to be used for the sole purpose of
 1486  funding the fertilizer inspection program.
 1487         Section 76. Subsection (2) of section 576.031, Florida
 1488  Statutes, is amended to read:
 1489         576.031 Labeling.—
 1490         (2) If distributed in bulk, two five labels containing the
 1491  information required in paragraphs (1)(a)-(f) shall accompany
 1492  delivery and be supplied to the purchaser at time of delivery
 1493  with the delivery ticket, which shall show the certified net
 1494  weight.
 1495         Section 77. Subsections (3), (4), (6), and (7) of section
 1496  576.041, Florida Statutes, are amended to read:
 1497         576.041 Inspection fees; records; bond.—
 1498         (3) In addition to any other penalty provided by this
 1499  chapter, a any licensee who fails to timely pay the inspection
 1500  tonnage fee shall be assessed a penalty of 1.5 percent for each
 1501  month or part of a month that the fee or portion of the fee is
 1502  not paid.
 1503         (4) If the report is not filed and the inspection fee is
 1504  not paid on the date due or if the report of tonnage is false,
 1505  the amount of the inspection fee due is subject to a penalty of
 1506  10 percent or $25, whichever is greater. The penalty shall be
 1507  added to the inspection fee due and constitutes a debt and
 1508  becomes a claim and lien against the surety bond or certificate
 1509  of deposit required by this chapter.
 1510         (6) In order to guarantee faithful performance of the
 1511  provisions of subsection (2), the applicant for license shall
 1512  post with the department a surety bond, or assign a certificate
 1513  of deposit, in an amount required by rule of the department to
 1514  cover fees for any reporting period. The amount shall not be
 1515  less than $1,000. The surety bond shall be executed by a
 1516  corporate surety company authorized to do business in this
 1517  state. The certificate of deposit shall be issued by any
 1518  recognized financial institution doing business in the United
 1519  States. The department shall establish, by rule, whether an
 1520  annual or continuous surety bond or certificate of deposit will
 1521  be required and shall approve each surety bond or certificate of
 1522  deposit before acceptance. The department shall examine and
 1523  approve as to sufficiency all such bonds and certificates of
 1524  deposit before acceptance. When the licensee ceases operation,
 1525  said bond or certificate of deposit shall be returned, provided
 1526  there are no outstanding fees due and payable.
 1527         (6)(7) In order to obtain information that will facilitate
 1528  the collection of inspection fees and serve other useful
 1529  purposes relating to fertilizer, the department may, by rule,
 1530  require licensees, manufacturers, registrants, and dealers to
 1531  report movements of fertilizer.
 1532         Section 78. Subsection (3) of section 576.051, Florida
 1533  Statutes, is amended to read:
 1534         576.051 Inspection, sampling, analysis.—
 1535         (3) The official analysis shall be made from the official
 1536  sample. The department, before making the official analysis,
 1537  shall take a sufficient portion from the official sample for
 1538  check analysis and place that portion in a bottle sealed and
 1539  identified by number, date, and the preparer’s initials. The
 1540  official check sample shall be kept until the analysis of the
 1541  official sample is completed. However, the licensee may obtain
 1542  upon request a portion of the official check sample. Upon
 1543  completion of the analysis of the official sample, a true copy
 1544  of the fertilizer analysis report shall be mailed to the
 1545  licensee of the fertilizer from whom the official sample was
 1546  taken and to the dealer or agent, if any, and purchaser, if
 1547  known. This fertilizer analysis report shall show all
 1548  determinations of plant nutrients nutrient and pesticides. If
 1549  the official analysis conforms with the provisions of this
 1550  section law, the official check sample may be destroyed. If the
 1551  official analysis does not conform with the provisions of this
 1552  section law, the official check sample shall be retained for 60
 1553  a period of 90 days after from the date of the fertilizer
 1554  analysis report of the official sample. If, within that time,
 1555  the licensee of the fertilizer from whom the official sample was
 1556  taken, upon receipt of the fertilizer analysis report, makes
 1557  written demand for analysis of the official check sample by a
 1558  referee chemist, a portion of the official check sample
 1559  sufficient for analysis shall be sent to a referee chemist who
 1560  is mutually acceptable to the department and the licensee for
 1561  analysis at the expense of the licensee. The referee chemist,
 1562  upon completion of the analysis, shall forward to the department
 1563  and to the licensee a fertilizer analysis report bearing a
 1564  proper identification mark or number,; and the fertilizer
 1565  analysis report shall be verified by an affidavit of the person
 1566  making the analysis. If the results reported on the fertilizer
 1567  analysis report agree within the matching criteria defined in
 1568  department rule with the department’s analysis on each element
 1569  for which analysis was made, the mean average of the two
 1570  analyses shall be accepted as final and binding on all
 1571  concerned. However, if the referee’s fertilizer analysis report
 1572  results do not agree within the matching criteria defined in
 1573  department rule with the department’s analysis in any one or
 1574  more elements for which an analysis was made, upon demand of
 1575  either the department or the licensee from whom the official
 1576  sample was taken, a portion of the official check sample
 1577  sufficient for analysis shall be submitted to a second referee
 1578  chemist who is mutually acceptable to the department and to the
 1579  licensee from whom the official sample was taken, at the expense
 1580  of the party or parties requesting the referee analysis. If no
 1581  demand is made for an analysis by a second referee chemist, the
 1582  department’s fertilizer analysis report shall be accepted as
 1583  final and binding on all concerned. The second referee chemist,
 1584  upon completion of the analysis, shall make a fertilizer
 1585  analysis report as provided in this subsection for the first
 1586  referee chemist. The mean average of the two analyses nearest in
 1587  conformity to each other shall be accepted as final and binding
 1588  on all concerned.
 1589         Section 79. Subsections (4) and (5) of section 576.061,
 1590  Florida Statutes, are amended to read:
 1591         576.061 Plant nutrient investigational allowances,
 1592  deficiencies, and penalties.—
 1593         (4) When it is determined by the department that a
 1594  fertilizer has been distributed without being licensed or
 1595  registered, or without labeling, the department shall require
 1596  the licensee to pay a penalty in the amount of $100. The
 1597  proceeds from any penalty payments shall be deposited by the
 1598  department in the General Inspection Trust Fund to be used for
 1599  the sole purpose of funding the fertilizer inspection program.
 1600         (4)(5) The department may enter an order imposing one or
 1601  more of the following penalties against a any person who
 1602  violates any of the provisions of this chapter or the rules
 1603  adopted under this chapter hereunder or who impedes, obstructs,
 1604  or hinders shall impede, obstruct, hinder, or otherwise prevent
 1605  or attempt to prevent the department in performing the
 1606  performance of its duties under duty in connection with the
 1607  provisions of this chapter:
 1608         (a) Issuance of a warning letter.
 1609         (b) Imposition of an administrative fine in the Class I
 1610  category pursuant to s. 570.971 for each of not more than $1,000
 1611  per occurrence after the issuance of a warning letter.
 1612         (c) Cancellation, revocation, or suspension of any license
 1613  issued by the department.
 1614         Section 80. Section 576.071, Florida Statutes, is amended
 1615  to read:
 1616         576.071 Commercial value.—The commercial value used in
 1617  assessing penalties for a any deficiency shall be determined by
 1618  surveying the fertilizer industry in the state and using
 1619  annualized plant nutrient values contained in one or more
 1620  generally recognized journals.
 1621         Section 81. Subsections (3) and (4) of section 576.087,
 1622  Florida Statutes, are amended to read:
 1623         576.087 Antisiphon requirements for irrigation systems.—
 1624         (3) The department shall establish specific requirements
 1625  for antisiphon devices.
 1626         (4) Any governmental agency which requires antisiphon
 1627  devices on irrigation systems used for the application of
 1628  fertilizer shall use the specific antisiphon device requirements
 1629  adopted by the department.
 1630         Section 82. Section 576.101, Florida Statutes, is amended
 1631  to read:
 1632         576.101 Cancellation, revocation, and suspension;
 1633  probationary status.—
 1634         (1) The department may deny, suspend, or revoke a any
 1635  license issued by the department for a any violation of the
 1636  provisions of this chapter, the rules adopted under this chapter
 1637  thereunder, or any lawful order of the department.
 1638         (2) The department may place any licensee on a probationary
 1639  status when the deficiency levels of samples taken from that
 1640  licensee do not meet minimum performance levels established by
 1641  statute within the investigational allowances provided in s.
 1642  576.061.
 1643         Section 83. Subsection (1) of section 578.08, Florida
 1644  Statutes, is amended to read:
 1645         578.08 Registrations.—
 1646         (1) Every person, except as provided in subsection (4) and
 1647  s. 578.14, before selling, distributing for sale, offering for
 1648  sale, exposing for sale, handling for sale, or soliciting orders
 1649  for the purchase of an any agricultural, vegetable, flower, or
 1650  forest tree seed, or mixture thereof, shall first register with
 1651  the department as a seed dealer. The application for
 1652  registration shall include the name and location of each place
 1653  of business at which the seed is sold, distributed for sale,
 1654  offered for sale, exposed for sale, or handled for sale. The
 1655  application for registration shall be filed with the department
 1656  by using a form prescribed by the department or by using the
 1657  department’s website and shall be accompanied by an annual
 1658  registration fee for each such place of business based on the
 1659  gross receipts from the sale of such seed for the last preceding
 1660  license year as follows:
 1661         (a)1.Receipts of less than $500, a fee of...........$10.
 1662         2. Receipts of $500 or more but less than $1,000, a fee of$25.
 1663         3.1. Receipts of $1,000 or more but less than $2,500
 1664  $2,500.01, a fee of........................................$100.
 1665         4.2. Receipts of more than $2,500 or more but and less than
 1666  $5,000 $5,000.01, a fee of.................................$200.
 1667         5.3. Receipts of more than $5,000 or more but and less than
 1668  $10,000 $10,000.01, a fee of...............................$350.
 1669         6.4. Receipts of more than $10,000 or more but and less
 1670  than $20,000 $20,000.01, a fee of..........................$800.
 1671         7.5. Receipts of more than $20,000 or more but and less
 1672  than $40,000 $40,000.01, a fee of........................$1,000.
 1673         8.6. Receipts of more than $40,000 or more but and less
 1674  than $70,000 $70,000.01, a fee of........................$1,200.
 1675         9.7. Receipts of more than $70,000 or more but and less
 1676  than $150,000 $150,000.01, a fee of......................$1,600.
 1677         10.8. Receipts of more than $150,000 or more but and less
 1678  than $400,000 $400,000.01, a fee of......................$2,400.
 1679         11.9. Receipts of more than $400,000 or more, a fee of$4,600.
 1680         (b) For places of business not previously in operation, the
 1681  fee shall be based on anticipated receipts for the first license
 1682  year.
 1683         Section 84. Paragraph (g) of subsection (2) of section
 1684  580.036, Florida Statutes, is amended to read:
 1685         580.036 Powers and duties.—
 1686         (2) The department is authorized to adopt rules pursuant to
 1687  ss. 120.536(1) and 120.54 to enforce the provisions of this
 1688  chapter. These rules shall be consistent with the rules and
 1689  standards of the United States Food and Drug Administration and
 1690  the United States Department of Agriculture, when applicable,
 1691  and shall include:
 1692         (g) Establishing standards for the sale, use, and
 1693  distribution of commercial feed or feedstuff to ensure usage
 1694  that is consistent with animal safety and well-being and, to the
 1695  extent that meat, poultry, and other animal products for human
 1696  consumption may be affected by commercial feed or feedstuff, to
 1697  ensure that these products are safe for human consumption. Such
 1698  standards, if adopted, must be developed in consultation with
 1699  the Agricultural Feed, Seed, and Fertilizer Advisory Council
 1700  created under s. 570.451.
 1701         Section 85. Paragraphs (a), (b), and (d) of subsection (1)
 1702  of section 580.041, Florida Statutes, are amended to read:
 1703         580.041 Master registration; fee; refusal or cancellation
 1704  of registration; reporting.—
 1705         (1)(a) Each distributor of commercial feed must annually
 1706  obtain a master registration before her or his brands are
 1707  distributed in this state. Upon initial registration, The
 1708  department shall furnish the registration forms requiring the
 1709  distributor shall agree to state that the distributor will
 1710  comply with all provisions of this chapter and applicable rules.
 1711  The registration form shall identify the manufacturer’s or
 1712  guarantor’s name and place of business and the location of each
 1713  manufacturing facility in the state and shall be signed by the
 1714  owner; by a partner, if a partnership; or by an authorized
 1715  officer or agent, if a corporation. All registrations expire on
 1716  June 30 of each year.
 1717         (b) The application for registration form shall be filed
 1718  with the department by using a form prescribed by the department
 1719  or by using the department’s website and shall be accompanied by
 1720  a fee that shall be based on tons of feed distributed in this
 1721  state during the previous year. If a distributor has been in
 1722  business less than 1 year, the tonnage shall be estimated by the
 1723  distributor for the first year and based on actual tonnage
 1724  thereafter. These fees shall be as follows:
 1725  
 1726         SALES IN TONS                                         FEE
 1727  
 1728         Zero, up to and including 25..........................$40
 1729         More than 25, up to and including 50..................$75
 1730         More than 50, up to and including 100................$150
 1731         More than 100, up to and including 300...............$375
 1732         More than 300, up to and including 600...............$600
 1733         More than 600, up to and including 1,000.............$900
 1734         More than 1,000, up to and including
 1735  2,000.....................................................$1,250
 1736         More than 2,000, up to and including
 1737  5,000.....................................................$2,000
 1738         More than 5,000....................................$3,500
 1739         (d) The department shall provide mail a copy of the master
 1740  registration to the registrant to signify that administrative
 1741  requirements have been met.
 1742         Section 86. Subsection (1) of section 580.071, Florida
 1743  Statutes, is amended to read:
 1744         580.071 Adulteration.—No person shall distribute an
 1745  adulterated commercial feed or feedstuff. A commercial feed or
 1746  feedstuff shall be deemed to be adulterated:
 1747         (1)(a) If it bears or contains any poisonous, deleterious,
 1748  or nonnutritive substance that may render it injurious to animal
 1749  or human health. However, if the substance is not an additive,
 1750  the feed shall not be considered adulterated if the quantity of
 1751  the substance does not ordinarily render it injurious to animal
 1752  or human health;
 1753         (b) If it bears or contains any food additive or added
 1754  poisonous, deleterious, or nonnutritive substance that is unsafe
 1755  within the meaning of s. 406 of the Federal Food, Drug, and
 1756  Cosmetic Act, other than a pesticide chemical in or on a raw
 1757  agricultural commodity;
 1758         (c) If it is, or it bears or contains, any food additive or
 1759  color additive that is unsafe within the meaning of s. 409 or s.
 1760  512 of the Federal Food, Drug, and Cosmetic Act, respectively;
 1761         (d) If it is a raw agricultural commodity and it bears or
 1762  contains a pesticide chemical that is unsafe within the meaning
 1763  of s. 408(a) of the Federal Food, Drug, and Cosmetic Act;
 1764  however, if where a pesticide chemical has been used in or on a
 1765  raw agricultural commodity in conformity with an exemption
 1766  granted or a tolerance prescribed under s. 408 of the Federal
 1767  Food, Drug, and Cosmetic Act and that raw agricultural commodity
 1768  has been subjected to processing such as canning, cooking,
 1769  freezing, dehydrating, or milling, the processed feed will
 1770  result, or is likely to result, in pesticide residue in the
 1771  edible product of the animal which is unsafe within the meaning
 1772  of s. 408(a) of the Federal Food, Drug, and Cosmetic Act; or
 1773         (e) If it is, or it bears or contains, a any new animal
 1774  drug that is unsafe within the meaning of s. 512 of the Federal
 1775  Food, Drug, and Cosmetic Act;.
 1776         (f) If it consists, in whole or in part, of a filthy,
 1777  putrid, or decomposed substance, or if it is otherwise unfit for
 1778  feed;
 1779         (g) If it is prepared, packaged, or held under unsanitary
 1780  conditions whereby it may have become contaminated with filth,
 1781  or may have been rendered injurious to health; or
 1782         (h) If it is, in whole or in part, the product of a
 1783  diseased animal or of an animal that died by a means other than
 1784  slaughter which is unsafe within the meaning of s. 402(a)(1) or
 1785  (2) of the Federal Food, Drug, and Cosmetic Act.
 1786         Section 87. Subsection (5) of section 581.091, Florida
 1787  Statutes, is amended to read:
 1788         581.091 Noxious weeds and infected plants or regulated
 1789  articles; sale or distribution; receipt; information to
 1790  department; withholding information.—
 1791         (5)(a) Notwithstanding any other provision of state law or
 1792  rule, a person may obtain a special permit from the department
 1793  to plant Casuarina cunninghamiana as a windbreak for a
 1794  commercial citrus grove if provided the plants are produced in
 1795  an authorized registered nursery and certified by the department
 1796  as being vegetatively propagated from male plants. A “commercial
 1797  citrus grove” means a contiguous planting of 100 or more citrus
 1798  trees where citrus fruit is produced for sale.
 1799         (b) For a 5-year period, special permits authorizing a
 1800  person to plant Casuarina cunninghamiana shall be issued only as
 1801  part of a pilot program for fresh fruit groves in areas of
 1802  Indian River, St. Lucie, and Martin Counties where citrus canker
 1803  is determined by the department to be widespread. The pilot
 1804  program shall be reevaluated annually, and a comprehensive
 1805  review shall be conducted in 2013. The purpose of the annual and
 1806  5-year reviews is to determine if the use of Casuarina
 1807  cunninghamiana as an agricultural pest and disease windbreak
 1808  poses any adverse environmental consequences. At the end of the
 1809  5-year pilot program, if the Noxious Weed and Invasive Plant
 1810  Review Committee, created by the department, and the Department
 1811  of Environmental Protection, in consultation with a
 1812  representative of the citrus industry who has a Casuarina
 1813  cunninghamiana windbreak, determine that the potential is low
 1814  for adverse environmental impacts from planting Casuarina
 1815  cunninghamiana as windbreaks, the department may, by rule, allow
 1816  the use of Casuarina cunninghamiana windbreaks for commercial
 1817  citrus groves in other areas of the state. If it is determined
 1818  at the end of the 5-year pilot program that additional time is
 1819  needed to further evaluate Casuarina cunninghamiana, the
 1820  department will remain the lead agency.
 1821         (b)(c) Each application for a special permit must shall be
 1822  accompanied by a fee in an amount determined by the department,
 1823  by rule, not to exceed $500. A special permit is shall be
 1824  required for each noncontiguous commercial citrus grove and
 1825  shall be renewed every 5 years. The property owner shall
 1826  maintain and produce is responsible for maintaining and
 1827  producing for inspection the original nursery invoice with
 1828  certification documentation. If ownership of the property is
 1829  transferred, the seller shall must notify the department and
 1830  provide the buyer with a copy of the special permit and copies
 1831  of all invoices and certification documentation before prior to
 1832  the closing of the sale.
 1833         (c)(d) Each application must shall include a baseline
 1834  survey of all lands within 500 feet of the proposed Casuarina
 1835  cunninghamiana windbreak showing the location and identifying
 1836  the identification to species of all existing Casuarina spp.
 1837         (d)(e) Nurseries authorized to produce Casuarina
 1838  cunninghamiana shall must obtain a special permit from the
 1839  department certifying that the plants have been vegetatively
 1840  propagated from sexually mature male source trees currently
 1841  grown in the state. The importation of Casuarina cunninghamiana
 1842  from any area outside the state for use to be used as a
 1843  propagation source tree is prohibited. Each male source tree
 1844  must be registered by the department as being a horticulturally
 1845  true-to-type male plant and be labeled with a source tree
 1846  registration number. Each nursery application for a special
 1847  permit must shall be accompanied by a fee in an amount
 1848  determined by the department, by rule, not to exceed $200.
 1849  Special permits shall be renewed annually. The department shall,
 1850  by rule, set the amount of an annual fee, not to exceed $50, for
 1851  each Casuarina cunninghamiana registered as a source tree.
 1852  Nurseries may only sell Casuarina cunninghamiana to a person
 1853  with a special permit as specified in paragraphs (a) and (b).
 1854  The source tree registration numbers of the parent plants must
 1855  be documented on each invoice or other certification
 1856  documentation provided to the buyer.
 1857         (e)(f) All Casuarina cunninghamiana shall must be destroyed
 1858  by the property owner within 6 months after:
 1859         1. The property owner takes permanent action to no longer
 1860  use the site for commercial citrus production;
 1861         2. The site has not been used for commercial citrus
 1862  production for a period of 5 years; or
 1863         3. The department determines that the Casuarina
 1864  cunninghamiana on the site has become invasive. This
 1865  determination shall be based on, but not limited to, the
 1866  recommendation of the Noxious Weed and Invasive Plant Review
 1867  Committee and the Department of Environmental Protection and
 1868  made in consultation with a representative of the citrus
 1869  industry who has a Casuarina cunninghamiana windbreak.
 1870  
 1871  If the owner or person in charge refuses or neglects to comply,
 1872  the director or her or his authorized representative may, under
 1873  authority of the department, proceed to destroy the plants. The
 1874  expense of the destruction shall be assessed, collected, and
 1875  enforced against the owner by the department. If the owner does
 1876  not pay the assessed cost, the department may record a lien
 1877  against the property.
 1878         (f)(g) The use of Casuarina cunninghamiana for windbreaks
 1879  does shall not preclude the department from issuing permits for
 1880  the research or release of biological control agents to control
 1881  Casuarina spp. as provided in in accordance with s. 581.083.
 1882         (g)(h) The use of Casuarina cunninghamiana for windbreaks
 1883  may shall not restrict or interfere with any other agency or
 1884  local government effort to manage or control noxious weeds or
 1885  invasive plants, including Casuarina cunninghamiana. An, nor
 1886  shall any other agency or local government may not remove any
 1887  Casuarina cunninghamiana planted as a windbreak under special
 1888  permit issued by the department.
 1889         (i) The department shall develop and implement a monitoring
 1890  protocol to determine invasiveness of Casuarina cunninghamiana.
 1891  The monitoring protocol shall, at a minimum, require:
 1892         1. Inspection of the planting site by department inspectors
 1893  within 30 days following initial planting or any subsequent
 1894  planting of Casuarina cunninghamiana to ensure the criteria of
 1895  the special permit have been met.
 1896         2. Annual site inspections of planting sites and all lands
 1897  within 500 feet of the planted windbreak by department
 1898  inspectors who have been trained to identify Casuarina spp. and
 1899  to make determinations of whether Casuarina cunninghamiana has
 1900  spread beyond the permitted windbreak location.
 1901         3. Any new seedlings found within 500 feet of the planted
 1902  windbreak to be removed, identified to the species level, and
 1903  evaluated to determine if hybridization has occurred.
 1904         4. The department to submit an annual report and a final 5
 1905  year evaluation identifying any adverse effects resulting from
 1906  the planting of Casuarina cunninghamiana for windbreaks and
 1907  documenting all inspections and the results of those inspections
 1908  to the Noxious Weed and Invasive Plant Review Committee, the
 1909  Department of Environmental Protection, and a designated
 1910  representative of the citrus industry who has a Casuarina
 1911  cunninghamiana windbreak.
 1912         (j) If the department determines that female flowers or
 1913  cones have been produced on any Casuarina cunninghamiana that
 1914  have been planted under a special permit issued by the
 1915  department, the property owner shall be responsible for
 1916  destroying the trees. The department shall notify the property
 1917  owner of the timeframe and method of destruction.
 1918         (k) If at any time the department determines that
 1919  hybridization has occurred during the pilot program between
 1920  Casuarina cunninghamiana planted as a windbreak and other
 1921  Casuarina spp., the department shall expeditiously initiate
 1922  research to determine the invasiveness of the hybrid. The
 1923  information obtained from this research shall be evaluated by
 1924  the Noxious Weed and Invasive Plant Review Committee, the
 1925  Department of Environmental Protection, and a designated
 1926  representative of the citrus industry who has a Casuarina
 1927  cunninghamiana windbreak. If the department determines that the
 1928  hybrids have a high potential to become invasive, based on, but
 1929  not limited to, the recommendation of the Noxious Weed and
 1930  Invasive Plant Review Committee, the Department of Environmental
 1931  Protection, and a designated representative of the citrus
 1932  industry who has a Casuarina cunninghamiana windbreak, this
 1933  pilot program shall be permanently suspended.
 1934         (l) Each application for a special permit must be
 1935  accompanied by a fee as described in paragraph (c) and an
 1936  agreement that the property owner will abide by all permit
 1937  conditions including the removal of Casuarina cunninghamiana if
 1938  invasive populations or other adverse environmental factors are
 1939  determined to be present by the department as a result of the
 1940  use of Casuarina cunninghamiana as windbreaks. The application
 1941  must include, on a form provided by the department, the name of
 1942  the applicant and the applicant’s address or the address of the
 1943  applicant’s principal place of business; a statement of the
 1944  estimated cost of removing and destroying the Casuarina
 1945  cunninghamiana that is the subject of the special permit; and
 1946  the basis for calculating or determining that estimate. If the
 1947  applicant is a corporation, partnership, or other business
 1948  entity, the applicant must also provide in the application the
 1949  name and address of each officer, partner, or managing agent.
 1950  The applicant shall notify the department within 30 business
 1951  days of any change of address or change in the principal place
 1952  of business. The department shall mail all notices to the
 1953  applicant’s last known address.
 1954         1. Upon obtaining a permit, the permitholder must annually
 1955  maintain the Casuarina cunninghamiana authorized by a special
 1956  permit as required in the permit. If the permitholder ceases to
 1957  maintain the Casuarina cunninghamiana as required by the special
 1958  permit, if the permit expires, or if the permitholder ceases to
 1959  abide by the conditions of the special permit, the permitholder
 1960  must shall remove and destroy the Casuarina cunninghamiana in a
 1961  timely manner as specified in the permit.
 1962         2. If the department:
 1963         a. Determines that the permitholder is no longer
 1964  maintaining the Casuarina cunninghamiana subject to the special
 1965  permit and has not removed and destroyed the Casuarina
 1966  cunninghamiana authorized by the special permit;
 1967         b. Determines that the continued use of Casuarina
 1968  cunninghamiana as windbreaks presents an imminent danger to
 1969  public health, safety, or welfare; or
 1970         c. Determines that the permitholder has exceeded the
 1971  conditions of the authorized special permit,;
 1972  
 1973  the department may issue an immediate final order, which is
 1974  shall be immediately appealable or enjoinable pursuant to as
 1975  provided by chapter 120, directing the permitholder to
 1976  immediately remove and destroy the Casuarina cunninghamiana
 1977  authorized to be planted under the special permit. A copy of the
 1978  immediate final order shall be provided mailed to the
 1979  permitholder.
 1980         3. If, upon issuance by the department of an immediate
 1981  final order to the permitholder, the permitholder fails to
 1982  remove and destroy the Casuarina cunninghamiana subject to the
 1983  special permit within 60 days after issuance of the order, or
 1984  such shorter period as is designated in the order as public
 1985  health, safety, or welfare requires, the department may remove
 1986  and destroy the Casuarina cunninghamiana that are the subject of
 1987  the special permit. If the permitholder makes a written request
 1988  to the department for an extension of time to remove and destroy
 1989  the Casuarina cunninghamiana that demonstrates specific facts
 1990  showing why the Casuarina cunninghamiana could not reasonably be
 1991  removed and destroyed in the applicable timeframe, the
 1992  department may extend the time for removing and destroying
 1993  Casuarina cunninghamiana subject to a special permit. The
 1994  reasonable costs and expenses incurred by the department for
 1995  removing and destroying Casuarina cunninghamiana subject to a
 1996  special permit shall be paid out of the Citrus Inspection Trust
 1997  Fund and shall be reimbursed by the party to which the immediate
 1998  final order is issued. If the party to which the immediate final
 1999  order has been issued fails to reimburse the state within 60
 2000  days, the department may record a lien on the property. The lien
 2001  shall be enforced by the department.
 2002         4. In order to carry out the purposes of this paragraph,
 2003  the department or its agents may require a permitholder to
 2004  provide verified statements of the planted acreage subject to
 2005  the special permit and may review the permitholder’s business or
 2006  planting records at her or his place of business during normal
 2007  business hours in order to determine the acreage planted. The
 2008  failure of a permitholder to furnish such statement or to make
 2009  such records available is cause for suspension of the special
 2010  permit. If the department finds such failure to be willful, the
 2011  special permit may be revoked.
 2012         Section 88. Subsection (8) of section 581.131, Florida
 2013  Statutes, is amended to read:
 2014         581.131 Certificate of registration.—
 2015         (8) The department shall provide to each person subject to
 2016  this section written notice and renewal forms 30 60 days before
 2017  prior to the annual renewal date informing the person of the
 2018  certificate of registration renewal date and the applicable fee.
 2019         Section 89. Subsection (4) of section 583.01, Florida
 2020  Statutes, is amended to read:
 2021         583.01 Definitions.—For the purpose of this chapter, unless
 2022  elsewhere indicated, the term:
 2023         (4) “Dealer” means a any person, firm, or corporation,
 2024  including a producer, processor, retailer, or wholesaler, that
 2025  sells, offers for sale, or holds for the purpose of sale in this
 2026  state 30 dozen or more eggs or its equivalent in any one week,
 2027  or more than 384 in excess of 100 pounds of dressed birds
 2028  poultry in any one week.
 2029         Section 90. Section 570.38, Florida Statutes, is
 2030  transferred, renumbered as section 585.008, Florida Statutes,
 2031  and amended to read:
 2032         585.008 570.38 Animal Industry Technical Council.—
 2033         (1) COMPOSITION.—The Animal Industry Technical Council is
 2034  hereby created in the department and shall be composed of 14
 2035  members as follows:
 2036         (a) The beef cattle, swine, dairy, horse, independent
 2037  agricultural market markets, meat processing and packing
 2038  establishment establishments, veterinary medicine, and poultry
 2039  representatives who serve on the State Agricultural Advisory
 2040  Council and three additional representatives from the beef
 2041  cattle industry, as well as three at-large members representing
 2042  other animal industries in the state, who shall be appointed by
 2043  the commissioner for 4-year terms or until their successors are
 2044  duly qualified and appointed.
 2045         (b) Each additional beef cattle representative shall be
 2046  appointed subject to the qualifications and by the procedure as
 2047  prescribed in s. 570.23 for membership to the council by the
 2048  beef cattle representative. If a vacancy occurs in these three
 2049  positions, it shall be filled for the remainder of the term in
 2050  the same manner as an initial appointment.
 2051         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 2052  meetings, powers and duties, procedures, and recordkeeping of
 2053  the Animal Industry Technical Council shall be pursuant to s.
 2054  570.232 governed by the provisions of s. 570.0705 relating to
 2055  advisory committees established within the department.
 2056         Section 91. Subsection (3) is added to section 589.08,
 2057  Florida Statutes, to read:
 2058         589.08 Land acquisition restrictions.—
 2059         (3) The Florida Forest Service shall pay 15 percent of the
 2060  gross receipts from the Goethe State Forest to each fiscally
 2061  constrained county as described in s. 218.67(1) in which a
 2062  portion of the Goethe State Forest is located in proportion to
 2063  the forest acreage located in such county. The funds must be
 2064  equally divided between the board of county commissioners and
 2065  the school board of each fiscally constrained county.
 2066         Section 92. Subsections (1) and (3) of section, Florida
 2067  Statutes, are amended to read:
 2068         589.011 Use of state forest lands; fees; rules.—
 2069         (1)(a)If authorized by a land management plan approved
 2070  pursuant to chapter 253 or by an interim assignment letter that
 2071  identifies the interim management activities issued by the
 2072  Department of Environmental Protection pursuant to chapter 259,
 2073  the Florida Forest Service of the Department of Agriculture and
 2074  Consumer Services may grant privileges, permits, leases, and
 2075  concessions for the use of state forest lands or any land leased
 2076  by or otherwise assigned to the Florida Forest Service for
 2077  management purposes, timber, and forest products pursuant to for
 2078  purposes not inconsistent with the provisions of this chapter.
 2079         (b) Lessees of such lands that are open to the public for
 2080  recreational purposes, where such lease or agreement recognizes
 2081  that the state is responsible for personal injury, loss, or
 2082  damage resulting in whole or in part from the public’s use of
 2083  the area under the terms of the lease or agreement, subject to
 2084  the limitations and conditions specified in s. 768.28, owe no
 2085  duty of care to keep the area safe for entry or use by others or
 2086  to give warning to a person entering or going into the area of
 2087  any hazardous conditions, structures, or activities thereon.
 2088         (c) Lessees who lease property from the Florida Forest
 2089  Service that is open to the public for recreational purposes:
 2090         1. Are not presumed to extend any assurance that the leased
 2091  area is safe for any purpose.
 2092         2. Do not incur any duty of care toward a person who goes
 2093  into the area that is subject to the lease or agreement.
 2094         3. Are not liable or responsible for any injury to persons
 2095  or property caused by the act or omission of a person who goes
 2096  into the area that is subject to the lease or agreement.
 2097         (d) This subsection:
 2098         1. Applies to all persons going into the leased area,
 2099  including invitees, licensees, and trespassers.
 2100         2. Does not relieve a person of liability that would
 2101  otherwise exist for deliberate, willful, or malicious injury to
 2102  persons or property.
 2103         3. Does not create or increase liability of a person.
 2104         (3) The Florida Forest Service may shall have the power to
 2105  set and collect charge reasonable fees, rentals, or charges or
 2106  rent for the use or operation of facilities and concessions on
 2107  state forests or any lands leased by or otherwise assigned to
 2108  the Florida Forest Service for management purposes based on
 2109  factors such as the cost and extent of recreational facilities
 2110  and services, geographical location, seasonal public demand,
 2111  fees charged by other governmental and private entities for
 2112  comparable services and activities, and market value and demand
 2113  for forest products. Moneys collected from such fees, rentals,
 2114  and charges rent shall be deposited into the Incidental Trust
 2115  Fund of the Florida Forest Service.
 2116         Section 93. Section 589.20, Florida Statutes, is amended to
 2117  read:
 2118         589.20 Cooperation by Florida Forest Service.—The Florida
 2119  Forest Service may cooperate with other state agencies, water
 2120  management districts, municipalities, or other governmental
 2121  entities who are custodians of lands which are suitable for
 2122  forestry purposes, in the designation and dedication of such
 2123  lands that are suitable for forestry purposes when in the
 2124  opinion of the state agencies concerned such lands are suitable
 2125  for these purposes and can be so administered. Lands designated
 2126  and dedicated by a state agency, water management district,
 2127  municipality, or other government entity Upon the designation
 2128  and dedication of said lands for forestry these purposes by the
 2129  agencies concerned, said lands shall be administered by the
 2130  Florida Forest Service.
 2131         Section 94. Subsection (7) of section 590.02, Florida
 2132  Statutes, is amended to read:
 2133         590.02 Florida Forest Service; powers, authority, and
 2134  duties; liability; building structures; Withlacoochee Training
 2135  Florida Center for Wildfire and Forest Resources Management
 2136  Training.—
 2137         (7) The Florida Forest Service may organize, staff, equip,
 2138  and operate the Withlacoochee Florida Forest Training Center.
 2139  The center shall serve as a site where fire and forest resource
 2140  managers can obtain current knowledge, techniques, skills, and
 2141  theory as they relate to their respective disciplines.
 2142         (a) The center may establish cooperative efforts involving
 2143  federal, state, and local entities; hire appropriate personnel;
 2144  and engage others by contract or agreement with or without
 2145  compensation to assist in carrying out the training and
 2146  operations of the center.
 2147         (b) The center shall provide wildfire suppression training
 2148  opportunities for rural fire departments, volunteer fire
 2149  departments, and other local fire response units.
 2150         (c) The center shall will focus on curriculum related to,
 2151  but not limited to, fuel reduction, an incident management
 2152  system, prescribed burning certification, multiple-use land
 2153  management, water quality, forest health, environmental
 2154  education, and wildfire suppression training for structural
 2155  firefighters.
 2156         (d) The center may assess appropriate fees for food,
 2157  lodging, travel, course materials, and supplies in order to meet
 2158  its operational costs and may grant free meals, room, and
 2159  scholarships to persons and other entities in exchange for
 2160  instructional assistance.
 2161         Section 95. Subsection (2) of section 590.125, Florida
 2162  Statutes, is amended to read:
 2163         590.125 Open burning authorized by the Florida Forest
 2164  Service.—
 2165         (2) NONCERTIFIED BURNING.—
 2166         (a) Persons may be authorized to broadcast burn or pile
 2167  burn pursuant to in accordance with this subsection if:
 2168         1. There is specific consent of the landowner or his or her
 2169  designee;
 2170         2. Authorization has been obtained from the Florida Forest
 2171  Service or its designated agent before starting the burn;
 2172         3. There are adequate firebreaks at the burn site and
 2173  sufficient personnel and firefighting equipment for the
 2174  containment of the fire;
 2175         4. The fire remains within the boundary of the authorized
 2176  area;
 2177         5. The person named responsible in the burn authorization
 2178  or a designee is present at the burn site until the fire is
 2179  completed;
 2180         6. The Florida Forest Service does not cancel the
 2181  authorization; and
 2182         7. The Florida Forest Service determines that air quality
 2183  and fire danger are favorable for safe burning.
 2184         (b) A new authorization is not required for smoldering that
 2185  occurs within the authorized burn area unless new ignitions are
 2186  conducted by the person named responsible in the burn
 2187  authorization or a designee.
 2188         (c) Monitoring the smoldering activity of a burn does not
 2189  require an additional authorization even if flames begin to
 2190  spread within the authorized burn site due to ongoing smoldering
 2191  activity.
 2192         (d)(b) A person who broadcast burns or pile burns in a
 2193  manner that violates any requirement of this subsection commits
 2194  a misdemeanor of the second degree, punishable as provided in s.
 2195  775.082 or s. 775.083.
 2196         Section 96. Section 570.0725, Florida Statutes, is
 2197  transferred and renumbered as section 595.420, Florida Statutes.
 2198         Section 97. Paragraph (k) of subsection (1) of section
 2199  597.003, Florida Statutes, is amended to read:
 2200         597.003 Powers and duties of Department of Agriculture and
 2201  Consumer Services.—
 2202         (1) The department is hereby designated as the lead agency
 2203  in encouraging the development of aquaculture in the state and
 2204  shall have and exercise the following functions, powers, and
 2205  duties with regard to aquaculture:
 2206         (k) Make available state lands and the water column for the
 2207  purpose of producing aquaculture products when the aquaculture
 2208  activity is compatible with state resource management goals,
 2209  environmental protection, and proprietary interest and when such
 2210  state lands and waters are determined to be suitable for
 2211  aquaculture development by the Board of Trustees of the Internal
 2212  Improvement Trust Fund pursuant to s. 253.68; provide training
 2213  as necessary to lessees; and be responsible for all saltwater
 2214  aquaculture activities located on sovereignty submerged land or
 2215  in the water column above such land and adjacent facilities
 2216  directly related to the aquaculture activity.
 2217         1. The department shall act in cooperation with other state
 2218  and local agencies and programs to identify and designate
 2219  sovereignty lands and waters that would be suitable for
 2220  aquaculture development.
 2221         2. The department shall identify and evaluate specific
 2222  tracts of sovereignty submerged lands and water columns in
 2223  various areas of the state to determine where such lands and
 2224  waters are suitable for leasing for aquaculture purposes.
 2225  Nothing in this subparagraph or subparagraph 1. shall preclude
 2226  the applicant from applying for sites identified by the
 2227  applicant.
 2228         3. The department shall provide assistance in developing
 2229  technologies applicable to aquaculture activities, evaluate
 2230  practicable production alternatives, and provide agreements to
 2231  develop innovative culture practices.
 2232         Section 98. Paragraph (j) is added to subsection (1) of
 2233  section 597.004, Florida Statutes, to read:
 2234         597.004 Aquaculture certificate of registration.—
 2235         (1) CERTIFICATION.—Any person engaging in aquaculture must
 2236  be certified by the department. The applicant for a certificate
 2237  of registration shall submit the following to the department:
 2238         (j) A certificate of training, if required under the best
 2239  management practices adopted pursuant to this section.
 2240         Section 99. Subsection (1) of section 597.020, Florida
 2241  Statutes, is amended to read:
 2242         597.020 Shellfish processors; regulation.—
 2243         (1) The department is authorized to adopt by rule
 2244  regulations, specifications, training requirements, and codes
 2245  relating to sanitary practices for catching, cultivating,
 2246  handling, processing, packaging, preserving, canning, smoking,
 2247  and storing of oysters, clams, mussels, scallops, and crabs. The
 2248  department is also authorized to license shellfish processors
 2249  who handle oysters, clams, mussels, scallops, and crabs when
 2250  such activities relate to quality control, sanitary, and public
 2251  health practices pursuant to this section and chapter 500. The
 2252  department is also authorized to license or certify, for a fee
 2253  determined by rule, facilities used for processing oysters,
 2254  clams, mussels, scallops, and crabs, to levy an administrative
 2255  fine of up to $1,000 per violation per day or to suspend or
 2256  revoke such licenses or certificates upon satisfactory evidence
 2257  of any violation of rules adopted pursuant to this section, and
 2258  to seize and destroy any adulterated or misbranded shellfish
 2259  products as defined by rule.
 2260         Section 100. Section 570.481, Florida Statutes, is
 2261  transferred and renumbered as section 603.011, Florida Statutes.
 2262         Section 101. Section 570.55, Florida Statutes, is
 2263  transferred and renumbered as section 603.211, Florida Statutes.
 2264         Section 102. Subsection (2) of section 604.16, Florida
 2265  Statutes, is amended, and subsection (5) is added to that
 2266  section, to read:
 2267         604.16 Exceptions to provisions of ss. 604.15-604.34.
 2268  Except for s. 604.22(2), the provisions of ss. 604.15-604.34 do
 2269  not apply to:
 2270         (2) A dealer in agricultural products who pays at the time
 2271  of purchase with United States cash currency or a cash
 2272  equivalent, such as a money order, cashier’s check, wire
 2273  transfer, electronic funds transfer, or PIN debit transaction
 2274  debit card.
 2275         (5) A dealer in agricultural products who purchases
 2276  agricultural products from a producer owned by the exact same
 2277  person as the dealer, owned solely by the dealer, or who solely
 2278  owns the dealer.
 2279         Section 103. Section 604.22, Florida Statutes, is amended
 2280  to read:
 2281         604.22 Dealers to keep records; contents.—
 2282         (1)(a) Each licensee, while acting as agent for a producer,
 2283  shall make and preserve for at least 1 year a record of each
 2284  transaction, specifying the name and address of the producer for
 2285  whom she or he acts as agent; the date of receipt; the kind,
 2286  quality, and quantity of agricultural products received; the
 2287  name and address of the purchaser of each package of
 2288  agricultural products; the price for which each package was
 2289  sold; the amount of any additional charges necessary to
 2290  effectuate the sale; the amount and explanation of any
 2291  adjustments given; and the net amount due from each purchaser.
 2292         (b) An account of sales shall be furnished to each producer
 2293  within 48 hours after the sale of such agricultural products
 2294  unless otherwise agreed to in a written contract or verifiable
 2295  oral agreement. Such account of sales shall clearly show the
 2296  sale price of each lot of agricultural products sold; all
 2297  adjustments to the original price, along with an explanation of
 2298  such adjustments; and an itemized showing of all marketing costs
 2299  deducted by the licensee, along with the net amount due the
 2300  producer.
 2301         (c) The licensee shall make the payment to the producer
 2302  within 5 days after of the licensee’s receipt of payment unless
 2303  otherwise agreed to in a written contract or verifiable oral
 2304  agreement.
 2305         (2)(a) Notwithstanding The provisions of s. 604.16(2), (3),
 2306  and (4) notwithstanding, a any person, partnership, corporation,
 2307  or other business entity, except a person described in s.
 2308  604.16(1), who possesses and offers for sale agricultural
 2309  products is required to possess and display, upon the request of
 2310  a any department representative or state, county, or local law
 2311  enforcement officer, an invoice, bill of sale, manifest, or
 2312  other written document showing the date of sale, the name and
 2313  address of the seller, and the kind and quantity of products for
 2314  all such agricultural products.
 2315         (b) A Any person who violates the provisions of this
 2316  section is subject to s. 604.30(2) and (3) subsection is guilty
 2317  of a misdemeanor of the second degree, punishable as provided in
 2318  s. 775.082 or s. 775.083.
 2319         Section 104. Sections 487.172, 500.301, 500.302, 500.303,
 2320  500.304, 500.305, 500.306, 500.601, 570.345, 570.542, 570.72,
 2321  570.92, 589.081, and 590.091, Florida Statutes, are repealed.
 2322         Section 105. Paragraph (c) of subsection (6) of section
 2323  193.461, Florida Statutes, is amended to read:
 2324         193.461 Agricultural lands; classification and assessment;
 2325  mandated eradication or quarantine program.—
 2326         (6)
 2327         (c)1. For purposes of the income methodology approach to
 2328  assessment of property used for agricultural purposes,
 2329  irrigation systems, including pumps and motors, physically
 2330  attached to the land are shall be considered a part of the
 2331  average yields per acre and shall have no separately assessable
 2332  contributory value.
 2333         2. Litter containment structures located on producing
 2334  poultry farms and animal waste nutrient containment structures
 2335  located on producing dairy farms shall be assessed by the
 2336  methodology described in subparagraph 1.
 2337         3. Structures or improvements used in horticultural
 2338  production for frost or freeze protection, which structures or
 2339  improvements are consistent with the interim measures or best
 2340  management practices adopted by the Department of Agriculture
 2341  and Consumer Services Services’ interim measures or best
 2342  management practices adopted pursuant to s. 570.93 s. 570.085 or
 2343  s. 403.067(7)(c), shall be assessed by the methodology described
 2344  in subparagraph 1.
 2345         Section 106. Subsection (1) of section 253.74, Florida
 2346  Statutes, is amended to read:
 2347         253.74 Penalties.—
 2348         (1) A Any person who conducts aquaculture activities in
 2349  excess of those authorized by the board or who conducts such
 2350  activities on state-owned submerged lands without having
 2351  previously obtained an authorization from the board commits a
 2352  misdemeanor of the second degree, punishable as provided in s.
 2353  775.082, is and shall be subject to a civil fine in the Class I
 2354  category pursuant to s. 570.971 imprisonment for not more than 6
 2355  months or fine of not more than $1,000, or both. In addition to
 2356  such fine and imprisonment, all works, improvements, and animal
 2357  and plant life involved in the project, may be forfeited to the
 2358  state.
 2359         Section 107. Paragraph (c) of subsection (5) of section
 2360  288.1175, Florida Statutes, is amended to read:
 2361         288.1175 Agriculture education and promotion facility.—
 2362         (5) The Department of Agriculture and Consumer Services
 2363  shall competitively evaluate applications for funding of an
 2364  agriculture education and promotion facility. If the number of
 2365  applicants exceeds three, the Department of Agriculture and
 2366  Consumer Services shall rank the applications based upon
 2367  criteria developed by the Department of Agriculture and Consumer
 2368  Services, with priority given in descending order to the
 2369  following items:
 2370         (c) The location of the facility in a brownfield site as
 2371  defined in s. 376.79(3), a rural enterprise zone as defined in
 2372  s. 290.004, an agriculturally depressed area as defined in s.
 2373  570.74 s. 570.242(1), or a county that has lost its agricultural
 2374  land to environmental restoration projects.
 2375         Section 108. Paragraph (b) of subsection (14) and paragraph
 2376  (b) of subsection (77) of section 320.08058, Florida Statutes,
 2377  are amended to read:
 2378         320.08058 Specialty license plates.—
 2379         (14) FLORIDA AGRICULTURAL LICENSE PLATES.—
 2380         (b) The proceeds of the Florida Agricultural license plate
 2381  annual use fee must be forwarded to the direct-support
 2382  organization created pursuant to s. 570.691 in s. 570.903. The
 2383  funds must be used for the sole purpose of funding and promoting
 2384  the Florida agriculture in the classroom program established
 2385  within the Department of Agriculture and Consumer Services
 2386  pursuant to s. 570.693 s. 570.91.
 2387         (77) FLORIDA HORSE PARK LICENSE PLATES.—
 2388         (b) The annual use fees shall be distributed to the Florida
 2389  Agriculture Center and Horse Park Authority created by s.
 2390  570.685 s. 570.952, which shall retain all proceeds until all
 2391  startup costs for developing and establishing the plate have
 2392  been recovered. Thereafter, the proceeds shall be used as
 2393  follows:
 2394         1. A maximum of 5 percent of the proceeds from the annual
 2395  use fees may be used for the administration of the Florida Horse
 2396  Park license plate program.
 2397         2. A maximum of 5 percent of the proceeds may be used to
 2398  promote and market the license plate.
 2399         3. The remaining proceeds shall be used by the authority to
 2400  promote the Florida Agriculture Center and Horse Park located in
 2401  Marion County; to support continued development of the park,
 2402  including the construction of additional educational facilities,
 2403  barns, and other structures; to provide improvements to the
 2404  existing infrastructure at the park; and to provide for
 2405  operational expenses of the Florida Agriculture Center and Horse
 2406  Park.
 2407         Section 109. Section 373.621, Florida Statutes, is amended
 2408  to read:
 2409         373.621 Water conservation.—The Legislature recognizes the
 2410  significant value of water conservation in the protection and
 2411  efficient use of water resources. Accordingly, consideration in
 2412  the administration of ss. 373.223, 373.233, and 373.236 shall be
 2413  given to applicants who implement water conservation practices
 2414  pursuant to s. 570.93 s. 570.085 or other applicable water
 2415  conservation measures as determined by the department or a water
 2416  management district.
 2417         Section 110. Paragraph (a) of subsection (2) of section
 2418  373.709, Florida Statutes, is amended to read:
 2419         373.709 Regional water supply planning.—
 2420         (2) Each regional water supply plan must be based on at
 2421  least a 20-year planning period and must include, but need not
 2422  be limited to:
 2423         (a) A water supply development component for each water
 2424  supply planning region identified by the district which
 2425  includes:
 2426         1. A quantification of the water supply needs for all
 2427  existing and future reasonable-beneficial uses within the
 2428  planning horizon. The level-of-certainty planning goal
 2429  associated with identifying the water supply needs of existing
 2430  and future reasonable-beneficial uses must be based upon meeting
 2431  those needs for a 1-in-10-year drought event.
 2432         a. Population projections used for determining public water
 2433  supply needs must be based upon the best available data. In
 2434  determining the best available data, the district shall consider
 2435  the University of Florida’s Bureau of Economic and Business
 2436  Research (BEBR) medium population projections and population
 2437  projection data and analysis submitted by a local government
 2438  pursuant to the public workshop described in subsection (1) if
 2439  the data and analysis support the local government’s
 2440  comprehensive plan. Any adjustment of or deviation from the BEBR
 2441  projections must be fully described, and the original BEBR data
 2442  must be presented along with the adjusted data.
 2443         b. Agricultural demand projections used for determining the
 2444  needs of agricultural self-suppliers must be based upon the best
 2445  available data. In determining the best available data for
 2446  agricultural self-supplied water needs, the district shall
 2447  consider the data indicative of future water supply demands
 2448  provided by the Department of Agriculture and Consumer Services
 2449  pursuant to s. 570.93 s. 570.085 and agricultural demand
 2450  projection data and analysis submitted by a local government
 2451  pursuant to the public workshop described in subsection (1), if
 2452  the data and analysis support the local government’s
 2453  comprehensive plan. Any adjustment of or deviation from the data
 2454  provided by the Department of Agriculture and Consumer Services
 2455  must be fully described, and the original data must be presented
 2456  along with the adjusted data.
 2457         2. A list of water supply development project options,
 2458  including traditional and alternative water supply project
 2459  options, from which local government, government-owned and
 2460  privately owned utilities, regional water supply authorities,
 2461  multijurisdictional water supply entities, self-suppliers, and
 2462  others may choose for water supply development. In addition to
 2463  projects listed by the district, such users may propose specific
 2464  projects for inclusion in the list of alternative water supply
 2465  projects. If such users propose a project to be listed as an
 2466  alternative water supply project, the district shall determine
 2467  whether it meets the goals of the plan, and, if so, it shall be
 2468  included in the list. The total capacity of the projects
 2469  included in the plan must exceed the needs identified in
 2470  subparagraph 1. and take into account water conservation and
 2471  other demand management measures, as well as water resources
 2472  constraints, including adopted minimum flows and levels and
 2473  water reservations. Where the district determines it is
 2474  appropriate, the plan should specifically identify the need for
 2475  multijurisdictional approaches to project options that, based on
 2476  planning level analysis, are appropriate to supply the intended
 2477  uses and that, based on such analysis, appear to be permittable
 2478  and financially and technically feasible. The list of water
 2479  supply development options must contain provisions that
 2480  recognize that alternative water supply options for agricultural
 2481  self-suppliers are limited.
 2482         3. For each project option identified in subparagraph 2.,
 2483  the following must be provided:
 2484         a. An estimate of the amount of water to become available
 2485  through the project.
 2486         b. The timeframe in which the project option should be
 2487  implemented and the estimated planning-level costs for capital
 2488  investment and operating and maintaining the project.
 2489         c. An analysis of funding needs and sources of possible
 2490  funding options. For alternative water supply projects, the
 2491  water management districts shall provide funding pursuant to
 2492  assistance in accordance with s. 373.707(8).
 2493         d. Identification of the entity that should implement each
 2494  project option and the current status of project implementation.
 2495         Section 111. Paragraph (d) of subsection (2) of section
 2496  381.0072, Florida Statutes, is amended to read:
 2497         381.0072 Food service protection.—It shall be the duty of
 2498  the Department of Health to adopt and enforce sanitation rules
 2499  consistent with law to ensure the protection of the public from
 2500  food-borne illness. These rules shall provide the standards and
 2501  requirements for the storage, preparation, serving, or display
 2502  of food in food service establishments as defined in this
 2503  section and which are not permitted or licensed under chapter
 2504  500 or chapter 509.
 2505         (2) DUTIES.—
 2506         (d) The department shall inspect each food service
 2507  establishment as often as necessary to ensure compliance with
 2508  applicable laws and rules. The department shall have the right
 2509  of entry and access to these food service establishments at any
 2510  reasonable time. In inspecting food service establishments as
 2511  provided under this section, the department shall provide each
 2512  inspected establishment with the food recovery brochure
 2513  developed under s. 595.420 s. 570.0725.
 2514         Section 112. Paragraph (c) of subsection (2) of section
 2515  388.46, Florida Statutes, is amended to read:
 2516         388.46 Florida Coordinating Council on Mosquito Control;
 2517  establishment; membership; organization; responsibilities.—
 2518         (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
 2519         (c) Responsibilities.—The council shall:
 2520         1. Develop and implement guidelines to assist the
 2521  department in resolving disputes arising over the control of
 2522  arthropods on publicly owned lands.
 2523         2. Develop and recommend to the department a request for
 2524  proposal process for arthropod control research.
 2525         3. Identify potential funding sources for research or
 2526  implementation projects and evaluate and prioritize proposals
 2527  upon request by the funding source.
 2528         4. Prepare and present reports, as needed, on arthropod
 2529  control activities in the state to the Pesticide Review Council
 2530  and other governmental organizations, as appropriate.
 2531         Section 113. Paragraph (c) of subsection (2) of section
 2532  472.0351, Florida Statutes, is amended to read:
 2533         472.0351 Grounds for discipline; penalties; enforcement.—
 2534         (2) If the board finds a surveyor or mapper guilty of any
 2535  of the grounds set forth in subsection (1) or a violation of
 2536  this chapter which occurred before obtaining a license, the
 2537  board may enter an order imposing one or more of the following
 2538  penalties:
 2539         (c) Imposition of an administrative fine in the Class I
 2540  category pursuant to s. 570.971 not to exceed $1,000 for each
 2541  count or separate offense.
 2542         Section 114. Subsections (1) and (2) and paragraph (a) of
 2543  subsection (3) of section 472.036, Florida Statutes, are amended
 2544  to read:
 2545         472.036 Unlicensed practice of professional surveying and
 2546  mapping; cease and desist notice; civil penalty; enforcement;
 2547  citations; allocation of moneys collected.—
 2548         (1) When the department has probable cause to believe that
 2549  a any person not licensed by the department or the board has
 2550  violated any provision of this chapter, or any rule adopted
 2551  pursuant to this chapter, the department may issue and deliver
 2552  to such person a notice to cease and desist from such violation.
 2553  In addition, the department may issue and deliver a notice to
 2554  cease and desist to a any person who aids and abets the
 2555  unlicensed practice of surveying and mapping by employing such
 2556  unlicensed person. The issuance of a notice to cease and desist
 2557  does shall not constitute agency action for which a hearing
 2558  under ss. 120.569 and 120.57 may be sought. For the purpose of
 2559  enforcing a cease and desist order, the department may file a
 2560  proceeding in the name of the state seeking issuance of an
 2561  injunction or a writ of mandamus against a any person who
 2562  violates any provisions of such order. In addition to the
 2563  foregoing remedies, the department may impose an administrative
 2564  fine in the Class II category pursuant to s. 570.971 for each
 2565  penalty not to exceed $5,000 per incident pursuant to the
 2566  provisions of chapter 120 or may issue a citation pursuant to
 2567  the provisions of subsection (3). If the department is required
 2568  to seek enforcement of the order for a penalty pursuant to s.
 2569  120.569, it shall be entitled to collect its attorney attorney’s
 2570  fees and costs, together with any cost of collection.
 2571         (2) In addition to or in lieu of any remedy provided in
 2572  subsection (1), the department may seek the imposition of a
 2573  civil penalty through the circuit court for any violation for
 2574  which the department may issue a notice to cease and desist
 2575  under subsection (1). The civil penalty shall be a fine in the
 2576  Class II category pursuant to s. 570.971 no less than $500 and
 2577  no more than $5,000 for each offense. The court may also award
 2578  to the prevailing party court costs and reasonable attorney fees
 2579  and, in the event the department prevails, may also award
 2580  reasonable costs of investigation.
 2581         (3)(a) Notwithstanding the provisions of s. 472.033, the
 2582  department shall adopt rules for to permit the issuance of
 2583  citations for unlicensed practice of a profession. The citation
 2584  shall be issued to the subject and shall contain the subject’s
 2585  name and any other information the department determines to be
 2586  necessary to identify the subject, a brief factual statement,
 2587  the sections of the law allegedly violated, and the penalty
 2588  imposed. The citation must clearly state that the subject may
 2589  choose, in lieu of accepting the citation, to follow the
 2590  procedure under s. 472.033. If the subject disputes the matter
 2591  in the citation, the procedures set forth in s. 472.033 must be
 2592  followed. However, if the subject does not dispute the matter in
 2593  the citation with the department within 30 days after the
 2594  citation is served, the citation shall become a final order of
 2595  the department upon filing with the agency clerk. The penalty
 2596  shall be a fine in the Class II category pursuant to s. 570.971
 2597  of not less than $500 or more than $5,000 or other conditions as
 2598  established by rule.
 2599         Section 115. Subsection (7) of section 482.161, Florida
 2600  Statutes, is amended to read:
 2601         482.161 Disciplinary grounds and actions; reinstatement.—
 2602         (7) The department, pursuant to chapter 120, in addition to
 2603  or in lieu of any other remedy provided by state or local law,
 2604  may impose an administrative fine in the Class II category
 2605  pursuant to s. 570.971, in an amount not exceeding $5,000, for a
 2606  the violation of any of the provisions of this chapter or of the
 2607  rules adopted pursuant to this chapter. In determining the
 2608  amount of fine to be levied for a violation, the following
 2609  factors shall be considered:
 2610         (a) The severity of the violation, including the
 2611  probability that the death, or serious harm to the health or
 2612  safety, of any person will result or has resulted; the severity
 2613  of the actual or potential harm; and the extent to which the
 2614  provisions of this chapter or of the rules adopted pursuant to
 2615  this chapter were violated;
 2616         (b) Any actions taken by the licensee or certified operator
 2617  in charge, or limited certificateholder, to correct the
 2618  violation or to remedy complaints;
 2619         (c) Any previous violations of this chapter or of the rules
 2620  adopted pursuant to this chapter; and
 2621         (d) The cost to the department of investigating the
 2622  violation.
 2623         Section 116. Subsections (3) and (5) of section 482.165,
 2624  Florida Statutes, are amended to read:
 2625         482.165 Unlicensed practice of pest control; cease and
 2626  desist order; injunction; civil suit and penalty.—
 2627         (3) In addition to or in lieu of any remedy provided under
 2628  subsection (2), the department may institute a civil suit in
 2629  circuit court to recover a civil penalty for a any violation for
 2630  which the department may issue a notice to cease and desist
 2631  under subsection (2). The civil penalty shall be in Class II
 2632  category pursuant to s. 570.971 may not be less than $500 or
 2633  more than $5,000 for each offense. The court may also award to
 2634  the prevailing party court costs and reasonable attorney
 2635  attorney’s fees.
 2636         (5) In addition to or in lieu of any remedy provided under
 2637  subsections (2) and (3), the department may, even in the case of
 2638  a first offense, impose a fine not less than twice the cost of a
 2639  pest control business license, but not more than a fine in the
 2640  Class II category pursuant to s. 570.971 $5,000, upon a
 2641  determination by the department that a person is in violation of
 2642  subsection (1). For the purposes of this subsection, the lapse
 2643  of a previously issued license for a period of less than 1 year
 2644  is shall not be considered a violation.
 2645         Section 117. Subsection (6) of section 482.243, Florida
 2646  Statutes, is amended to read:
 2647         482.243 Pest Control Enforcement Advisory Council.—
 2648         (6) The meetings, powers and duties, procedures, and
 2649  recordkeeping of the council shall be pursuant to s. 570.232 in
 2650  accordance with the provisions of s. 570.0705 relating to
 2651  advisory committees established within the department.
 2652         Section 118. Subsection (3) of section 487.047, Florida
 2653  Statutes, is amended to read:
 2654         487.047 Nonresident license; reciprocal agreement;
 2655  authorized purchase.—
 2656         (3) Restricted-use pesticides may be purchased by a any
 2657  person who holds a valid applicator’s license or who holds a
 2658  valid purchase authorization card issued by the department or by
 2659  a licensee under chapter 388 or chapter 482. A nonlicensed
 2660  person may apply restricted-use pesticides under the direct
 2661  supervision of a licensed applicator. An applicator’s license
 2662  shall be issued by the department pursuant to on a form supplied
 2663  by it in accordance with the requirements of this part.
 2664         Section 119. Subsections (2) and (3) of section 487.091,
 2665  Florida Statutes, are amended to read:
 2666         487.091 Tolerances, deficiencies, and penalties.—
 2667         (2) If a pesticide is found by analysis to be deficient in
 2668  an active ingredient beyond the tolerance as provided in this
 2669  part, the registrant is subject to a penalty for the deficiency
 2670  in the Class III category pursuant to s. 570.971 for each, not
 2671  to exceed $10,000 per violation. However, a no penalty may not
 2672  shall be assessed when the official sample was taken from a
 2673  pesticide that was in the possession of a consumer for more than
 2674  45 days after from the date of purchase by that consumer, or
 2675  when the product label specifies that the product should be used
 2676  by an expiration date that has passed. Procedures for assessing
 2677  penalties shall be established by rule, based on the degree of
 2678  the deficiency. Penalties assessed shall be paid to the consumer
 2679  or, in the absence of a known consumer, the department. If the
 2680  penalty is not paid within the prescribed period of time as
 2681  established by rule, the department may deny, suspend, or revoke
 2682  the registration of any pesticide.
 2683         (3) If a pesticide is found to be ineffective, it shall be
 2684  deemed to be misbranded and subject to a penalty as established
 2685  by rule in the Class III category pursuant to s. 570.971 for
 2686  each, not to exceed $10,000 per violation.
 2687         Section 120. Paragraph (e) of subsection (1) of section
 2688  487.175, Florida Statutes, is amended to read:
 2689         487.175 Penalties; administrative fine; injunction.—
 2690         (1) In addition to any other penalty provided in this part,
 2691  when the department finds any person, applicant, or licensee has
 2692  violated any provision of this part or rule adopted under this
 2693  part, it may enter an order imposing any one or more of the
 2694  following penalties:
 2695         (e) Imposition of an administrative fine in the Class III
 2696  category pursuant to s. 570.971 not to exceed $10,000 for each
 2697  violation. When imposing a any fine under this paragraph, the
 2698  department shall consider the degree and extent of harm caused
 2699  by the violation, the cost of rectifying the damage, the amount
 2700  of money the violator benefited from by noncompliance, whether
 2701  the violation was committed willfully, and the compliance record
 2702  of the violator.
 2703         Section 121. Paragraph (c) of subsection (2) of section
 2704  493.6118, Florida Statutes, is amended to read:
 2705         493.6118 Grounds for disciplinary action.—
 2706         (2) When the department finds any violation of subsection
 2707  (1), it may do one or more of the following:
 2708         (c) Impose an administrative fine in the Class I category
 2709  pursuant to s. 570.971 not to exceed $1,000 for every count or
 2710  separate offense.
 2711         Section 122. Subsection (1) of section 496.420, Florida
 2712  Statutes, is amended to read:
 2713         496.420 Civil remedies and enforcement.—
 2714         (1) In addition to other remedies authorized by law, the
 2715  department may bring a civil action in circuit court to enforce
 2716  ss. 496.401-496.424 or s. 496.426. Upon a finding that any
 2717  person has violated any of these sections, a court may make any
 2718  necessary order or enter a judgment including, but not limited
 2719  to, a temporary or permanent injunction, a declaratory judgment,
 2720  the appointment of a general or special magistrate or receiver,
 2721  the sequestration of assets, the reimbursement of persons from
 2722  whom contributions have been unlawfully solicited, the
 2723  distribution of contributions pursuant to in accordance with the
 2724  charitable or sponsor purpose expressed in the registration
 2725  statement or pursuant to in accordance with the representations
 2726  made to the person solicited, the reimbursement of the
 2727  department for investigative costs, and attorney attorney’s fees
 2728  and costs, and any other equitable relief the court finds
 2729  appropriate. Upon a finding that a any person has violated any
 2730  provision of ss. 496.401-496.424 or s. 496.426 with actual
 2731  knowledge or knowledge fairly implied on the basis of objective
 2732  circumstances, a court may enter an order imposing a civil fine
 2733  in the Class III category pursuant to s. 570.971 for each
 2734  penalty in an amount not to exceed $10,000 per violation.
 2735         Section 123. Paragraph (b) of subsection (3) of section
 2736  500.70, Florida Statutes, is amended to read:
 2737         500.70 Tomato food safety standards; inspections;
 2738  penalties; tomato good agricultural practices; tomato best
 2739  management practices.—
 2740         (3)
 2741         (b) The department may impose an administrative fine in the
 2742  Class II category pursuant to s. 570.971 for each not to exceed
 2743  $5,000 per violation, or issue a written notice or warning under
 2744  s. 500.179, against a person who violates any applicable
 2745  provision of this section or any rule adopted under this
 2746  section.
 2747         Section 124. Paragraph (b) of subsection (2) of section
 2748  501.612, Florida Statutes, is amended to read:
 2749         501.612 Grounds for departmental action against licensure
 2750  applicants or licensees.—
 2751         (2) Upon a finding as set forth in subsection (1), the
 2752  department may enter an order:
 2753         (b) Imposing an administrative fine in the Class III
 2754  category pursuant to s. 570.971 not to exceed $10,000 for each
 2755  act or omission which constitutes a violation under this part.
 2756         Section 125. Section 501.619, Florida Statutes, is amended
 2757  to read:
 2758         501.619 Civil penalties.—A Any person who engages in any
 2759  act or practice declared in this part to be unlawful is liable
 2760  for a civil penalty in the Class III category pursuant to s.
 2761  570.971 of not more than $10,000 for each such violation. This
 2762  civil penalty may be recovered in any action brought under this
 2763  part by the department, or the department may terminate any
 2764  investigation or action upon agreement by the person to pay a
 2765  stipulated civil penalty. The department or the court may waive
 2766  any such civil penalty or other fines or costs if the person has
 2767  previously made full restitution or reimbursement or has paid
 2768  actual damages to the purchasers who have been injured by the
 2769  unlawful act or practice.
 2770         Section 126. Paragraph (b) of subsection (1) of section
 2771  502.231, Florida Statutes, is amended to read:
 2772         502.231 Penalty and injunction.—
 2773         (1) The department may enter an order imposing one or more
 2774  of the following penalties against any person who violates any
 2775  provision of this chapter:
 2776         (b) Imposition of an administrative fine not to exceed:
 2777         1. In the Class II category pursuant s. 570.971 for each
 2778  Ten thousand dollars per violation in the case of a frozen
 2779  dessert licensee;
 2780         2. Not to exceed ten percent of the license fee or $100,
 2781  whichever is greater, for failure to report the information
 2782  described in s. 502.053(3)(d); or
 2783         3. In the Class I category pursuant to s. 570.971 for each
 2784  One thousand dollars per occurrence for any other violation.
 2785  
 2786  When imposing a fine under this paragraph, the department must
 2787  consider the degree and extent of harm caused by the violation,
 2788  the cost of rectifying the damage, the benefit to the violator,
 2789  whether the violation was committed willfully, and the
 2790  violator’s compliance record.
 2791         Section 127. Subsection (1) of section 507.09, Florida
 2792  Statutes, is amended to read:
 2793         507.09 Administrative remedies; penalties.—
 2794         (1) The department may enter an order doing one or more of
 2795  the following if the department finds that a mover or moving
 2796  broker, or a person employed or contracted by a mover or broker,
 2797  has violated or is operating in violation of this chapter or the
 2798  rules or orders issued pursuant to in accordance with this
 2799  chapter:
 2800         (a) Issuing a notice of noncompliance under s. 120.695.
 2801         (b) Imposing an administrative fine in the Class II
 2802  category pursuant to s. 570.971 not to exceed $5,000 for each
 2803  act or omission.
 2804         (c) Directing that the person cease and desist specified
 2805  activities.
 2806         (d) Refusing to register or revoking or suspending a
 2807  registration.
 2808         (e) Placing the registrant on probation for a period of
 2809  time, subject to the conditions specified by the department.
 2810         Section 128. Subsection (2) of section 507.10, Florida
 2811  Statutes, is amended to read:
 2812         507.10 Civil penalties; remedies.—
 2813         (2) The department may seek a civil penalty in the Class II
 2814  category pursuant to s. 570.971 of up to $5,000 for each
 2815  violation of this chapter.
 2816         Section 129. Paragraph (g) of subsection (2) and paragraph
 2817  (c) of subsection (3) of section 509.032, Florida Statutes, are
 2818  amended to read:
 2819         509.032 Duties.—
 2820         (2) INSPECTION OF PREMISES.—
 2821         (g) In inspecting public food service establishments, the
 2822  department shall provide each inspected establishment with the
 2823  food-recovery brochure developed under s. 595.420 s. 570.0725.
 2824         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
 2825  EVENTS.—The division shall:
 2826         (c) Administer a public notification process for temporary
 2827  food service events and distribute educational materials that
 2828  address safe food storage, preparation, and service procedures.
 2829         1. Sponsors of temporary food service events shall notify
 2830  the division not less than 3 days before prior to the scheduled
 2831  event of the type of food service proposed, the time and
 2832  location of the event, a complete list of food service vendors
 2833  participating in the event, the number of individual food
 2834  service facilities each vendor will operate at the event, and
 2835  the identification number of each food service vendor’s current
 2836  license as a public food service establishment or temporary food
 2837  service event licensee. Notification may be completed orally, by
 2838  telephone, in person, or in writing. A public food service
 2839  establishment or food service vendor may not use this
 2840  notification process to circumvent the license requirements of
 2841  this chapter.
 2842         2. The division shall keep a record of all notifications
 2843  received for proposed temporary food service events and shall
 2844  provide appropriate educational materials to the event sponsors,
 2845  including the food-recovery brochure developed under s. 595.420
 2846  s. 570.0725.
 2847         3.a. A public food service establishment or other food
 2848  service vendor must obtain one of the following classes of
 2849  license from the division: an individual license, for a fee of
 2850  no more than $105, for each temporary food service event in
 2851  which it participates; or an annual license, for a fee of no
 2852  more than $1,000, that entitles the licensee to participate in
 2853  an unlimited number of food service events during the license
 2854  period. The division shall establish license fees, by rule, and
 2855  may limit the number of food service facilities a licensee may
 2856  operate at a particular temporary food service event under a
 2857  single license.
 2858         b. Public food service establishments holding current
 2859  licenses from the division may operate under the regulations of
 2860  such a license at temporary food service events of 3 days or
 2861  less in duration.
 2862         Section 130. Paragraph (a) of subsection (1) of section
 2863  525.16, Florida Statutes, is amended to read:
 2864         525.16 Administrative fine; penalties; prosecution of cases
 2865  by state attorney.—
 2866         (1)(a) The department may enter an order imposing one or
 2867  more of the following penalties against a any person who
 2868  violates any of the provisions of this chapter or the rules
 2869  adopted under this chapter or impedes, obstructs, or hinders the
 2870  department in the performance of its duty in connection with the
 2871  provisions of this chapter:
 2872         1. Issuance of a warning letter.
 2873         2. Imposition of an administrative fine in the Class II
 2874  category pursuant to s. 570.971 for each of not more than $1,000
 2875  per violation for a first-time offender. For a second-time or
 2876  repeat offender, or any person who is shown to have willfully
 2877  and intentionally violated any provision of this chapter, the
 2878  administrative fine shall not exceed $5,000 per violation. When
 2879  imposing any fine under this section, the department shall
 2880  consider the degree and extent of harm caused by the violation,
 2881  the cost of rectifying the damage, the amount of money the
 2882  violator benefited from by noncompliance, whether the violation
 2883  was committed willfully, and the compliance record of the
 2884  violator.
 2885         3. Revocation or suspension of any registration issued by
 2886  the department.
 2887         Section 131. Subsection (1) of section 526.311, Florida
 2888  Statutes, is amended to read:
 2889         526.311 Enforcement; civil penalties; injunctive relief.—
 2890         (1) A Any person who knowingly violates this act shall be
 2891  subject to a civil penalty in the Class III category pursuant to
 2892  s. 570.971 for each not to exceed $10,000 per violation. Each
 2893  day that a violation of this act occurs shall be considered a
 2894  separate violation, but a no civil penalty may not shall exceed
 2895  $250,000. Any Such a person shall also be liable for attorney
 2896  attorney’s fees and shall be subject to an action for injunctive
 2897  relief.
 2898         Section 132. Subsection (2) of section 526.55, Florida
 2899  Statutes, is amended to read:
 2900         526.55 Violation and penalties.—
 2901         (2) If the department finds that a person has violated or
 2902  is operating in violation of ss. 526.50–526.56 or the rules or
 2903  orders adopted thereunder, the department may, by order:
 2904         (a) Issue a notice of noncompliance pursuant to s. 120.695;
 2905         (b) Impose an administrative fine in the Class II category
 2906  pursuant to s. 570.971 not to exceed $5,000 for each violation;
 2907         (c) Direct that the person cease and desist specified
 2908  activities;
 2909         (d) Revoke or suspend a registration, or refuse to register
 2910  a product; or
 2911         (e) Place the registrant on probation for a period of time,
 2912  subject to conditions as the department may specify.
 2913         Section 133. Subsection (1) of section 527.13, Florida
 2914  Statutes, is amended to read:
 2915         527.13 Administrative fines and warning letters.—
 2916         (1) If a any person violates any provision of this chapter
 2917  or any rule adopted under this chapter pursuant thereto or a
 2918  cease and desist order, the department may impose civil or
 2919  administrative penalties in the Class II category pursuant to s.
 2920  570.971, not to exceed $3,000 for each offense, suspend or
 2921  revoke the license or qualification issued to such person, or
 2922  any of the foregoing. The cost of the proceedings to enforce
 2923  this chapter may be added to any penalty imposed. The department
 2924  may allow the licensee a reasonable period, not to exceed 90
 2925  days, within which to pay to the department the amount of the
 2926  penalty so imposed. If the licensee fails to pay the penalty in
 2927  its entirety to the department at its office at Tallahassee
 2928  within the period so allowed, the licenses of the licensee shall
 2929  stand revoked upon expiration of such period.
 2930         Section 134. Subsection (1) of section 531.50, Florida
 2931  Statutes, is amended to read:
 2932         531.50 Administrative fine, penalties, and offenses.—
 2933         (1) The department may enter an order imposing one or more
 2934  of the following penalties against a any person who violates any
 2935  provision of this chapter or rule adopted under this chapter or
 2936  impedes, obstructs, or hinders the department in performing the
 2937  performance of its duties under in connection with the
 2938  provisions of this chapter:
 2939         (a) Issuance of a warning letter or notice.
 2940         (b) Imposition of an administrative fine in the Class II
 2941  category pursuant to s. 570.971 for each of:
 2942         1. Up to $1,000 for a first violation;
 2943         2. Up to $2,500 for a second violation within 2 years after
 2944  the first violation; or
 2945         3. Up to $5,000 for a third violation within 2 years after
 2946  the first violation.
 2947  
 2948  When imposing any fine under this section, the department shall
 2949  consider the degree and extent of potential harm caused by the
 2950  violation, the amount of money by which the violator benefited
 2951  from noncompliance, whether the violation was committed
 2952  willfully, and the compliance record of the violator. All fines,
 2953  monetary penalties, and costs received by the department shall
 2954  be deposited in the General Inspection Trust Fund for the
 2955  purpose of administering the provisions of this chapter.
 2956         Section 135. Subsection (2) of section 534.52, Florida
 2957  Statutes, is amended to read:
 2958         534.52 Violations; refusal, suspension, revocation;
 2959  penalties.—
 2960         (2) In addition, or as an alternative to refusing,
 2961  suspending, or revoking a license in cases involving violations,
 2962  the department may impose an administrative a fine in the Class
 2963  I category pursuant to s. 570.971 not to exceed $500 for the
 2964  first offense and not to exceed $1,000 for the second or
 2965  subsequent violations. When imposed and paid, such fines shall
 2966  be deposited in the General Inspection Trust Fund.
 2967         Section 136. Paragraphs (b) and (d) of subsection (7) of
 2968  section 539.001, Florida Statutes, are amended to read:
 2969         539.001 The Florida Pawnbroking Act.—
 2970         (7) ORDERS IMPOSING PENALTIES.—
 2971         (b) Upon a finding as set forth in paragraph (a), the
 2972  agency may enter an order doing one or more of the following:
 2973         1. Issuing a notice of noncompliance pursuant to s.
 2974  120.695.
 2975         2. Imposing an administrative fine in the Class II category
 2976  pursuant to s. 570.971 not to exceed $5,000 for each act which
 2977  constitutes a violation of this section or a rule or an order.
 2978         3. Directing that the pawnbroker cease and desist specified
 2979  activities.
 2980         4. Refusing to license or revoking or suspending a license.
 2981         5. Placing the licensee on probation for a period of time,
 2982  subject to such conditions as the agency may specify.
 2983         (d)1. When the agency, if a violation of this section
 2984  occurs, has reasonable cause to believe that a person is
 2985  operating in violation of this section, the agency may bring a
 2986  civil action in the appropriate court for temporary or permanent
 2987  injunctive relief and may seek other appropriate civil relief,
 2988  including a civil penalty in the Class II category pursuant to
 2989  s. 570.971 not to exceed $5,000 for each violation, restitution
 2990  and damages for injured customers, court costs, and reasonable
 2991  attorney attorney’s fees.
 2992         2. The agency may terminate any investigation or action
 2993  upon agreement by the offender to pay a stipulated civil
 2994  penalty, to make restitution or pay damages to customers, or to
 2995  satisfy any other relief authorized herein and requested by the
 2996  agency.
 2997         Section 137. Paragraph (b) of subsection (4) and paragraph
 2998  (a) of subsection (5) of section 559.921, Florida Statutes, are
 2999  amended to read:
 3000         559.921 Remedies.—
 3001         (4)
 3002         (b) Upon a finding as set forth in paragraph (a), the
 3003  department may enter an order doing one or more of the
 3004  following:
 3005         1. Issuing a notice of noncompliance pursuant to s.
 3006  120.695.
 3007         2. Imposing an administrative fine in the Class I category
 3008  pursuant to s. 570.971 not to exceed $1,000 per violation for
 3009  each act which constitutes a violation of this part or a rule or
 3010  order.
 3011         3. Directing that the motor vehicle repair shop cease and
 3012  desist specified activities.
 3013         4. Refusing to register or revoking or suspending a
 3014  registration.
 3015         5. Placing the registrant on probation for a period of
 3016  time, subject to such conditions as the department may specify.
 3017         (5)(a) The department or the state attorney, if a violation
 3018  of this part occurs in his or her judicial circuit, is shall be
 3019  the enforcing authority for purposes of this part and may bring
 3020  a civil action in circuit court for temporary or permanent
 3021  injunctive relief and may seek other appropriate civil relief,
 3022  including a civil penalty in the Class I category pursuant to s.
 3023  570.971 not to exceed $1,000 for each violation, restitution and
 3024  damages for injured customers, court costs, and reasonable
 3025  attorney attorney’s fees.
 3026         Section 138. Subsection (1) of section 559.9355, Florida
 3027  Statutes, is amended to read:
 3028         559.9355 Administrative remedies; penalties.—
 3029         (1) The department may enter an order doing one or more of
 3030  the following if the department finds that a person has violated
 3031  or is operating in violation of any of the provisions of this
 3032  part or the rules or orders issued thereunder:
 3033         (a) Issuing a notice of noncompliance pursuant to s.
 3034  120.695.
 3035         (b) Imposing an administrative fine in the Class II
 3036  category pursuant to s. 570.971 not to exceed $5,000 for each
 3037  act or omission.
 3038         (c) Imposing an administrative fine not to exceed $10,000
 3039  for each act or omission in violation of s. 559.9335(22) or
 3040  (23).
 3041         (c)(d) Directing that the person cease and desist specified
 3042  activities.
 3043         (d)(e) Refusing to register or canceling or suspending a
 3044  registration.
 3045         (e)(f) Placing the registrant on probation for a period of
 3046  time, subject to such conditions as the department may specify.
 3047         (f)(g) Canceling an exemption granted under s. 559.935.
 3048         Section 139. Subsections (2) and (3) of section 559.936,
 3049  Florida Statutes, are amended to read:
 3050         559.936 Civil penalties; remedies.—
 3051         (2) The department may seek a civil penalty in the Class II
 3052  category pursuant to s. 570.971 of up to $5,000 for each
 3053  violation of this part.
 3054         (3) The department may seek a civil penalty in the Class
 3055  III category pursuant to s. 570.971 of up to $10,000 for each
 3056  act or omission in violation of s. 559.9335(22) or (23).
 3057         Section 140. Subsection (1) of section 571.11, Florida
 3058  Statutes, is amended to read:
 3059         571.11 Eggs and poultry; Seal of quality violations;
 3060  administrative penalties.—
 3061         (1) The Department of Agriculture and Consumer Services may
 3062  impose an administrative a fine in the Class II category
 3063  pursuant to s. 570.971 not exceeding $5,000 against any dealer,
 3064  as defined in under s. 583.01(4), in violation of the guidelines
 3065  for the Florida seal of quality for eggs or poultry programs.
 3066  All fines, when imposed and paid, shall be deposited by the
 3067  department into the General Inspection Trust Fund.
 3068         Section 141. Subsection (2) of section 571.28, Florida
 3069  Statutes, is amended to read:
 3070         571.28 Florida Agricultural Promotional Campaign Advisory
 3071  Council.—
 3072         (2) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS.—The
 3073  meetings, powers and duties, procedures, and recordkeeping of
 3074  the Florida Agricultural Promotional Campaign Advisory Council
 3075  shall be pursuant to s. 570.232 governed by the provisions of s.
 3076  570.0705 relating to advisory committees established within the
 3077  department.
 3078         Section 142. Paragraph (b) of subsection (3) of section
 3079  571.29, Florida Statutes, is amended to read:
 3080         571.29 Unlawful acts; administrative remedies; criminal
 3081  penalties.—
 3082         (3) The department may enter an order imposing one or more
 3083  of the following penalties against any person who violates any
 3084  of the provisions of this part or any rules adopted under this
 3085  part:
 3086         (b) Imposition of an administrative fine in the Class I
 3087  category pursuant to s. 570.971 for each of not more than $1,000
 3088  per violation for a first-time first time offender. For a
 3089  second-time second time offender, or a any person who is shown
 3090  to have willfully and intentionally violated any provision of
 3091  this part or any rules adopted under this part, the
 3092  administrative fine shall be in the Class II category pursuant
 3093  to s. 570.971 for each may not exceed $5,000 per violation. The
 3094  term “each per violation” means each incident in which a logo of
 3095  the Florida Agricultural Promotional Campaign has been used,
 3096  reproduced, or distributed in any manner inconsistent with the
 3097  provisions of this part or the rules adopted under this part.
 3098  
 3099  The administrative proceedings that could result in the entry of
 3100  an order imposing any of the penalties specified in paragraphs
 3101  (a)-(c) shall be conducted in accordance with chapter 120.
 3102         Section 143. Subsection (1) of section 578.181, Florida
 3103  Statutes, is amended to read:
 3104         578.181 Penalties; administrative fine.—
 3105         (1) The department may enter an order imposing one or more
 3106  of the following penalties against a any person who violates any
 3107  of the provisions of this chapter or the rules adopted under
 3108  this chapter promulgated hereunder or who impedes, obstructs, or
 3109  hinders, or otherwise prevents or attempts to prevent the
 3110  department in performing the performance of its duties under
 3111  duty in connection with the provisions of this chapter:
 3112         (a) Issuance of a warning letter.
 3113         (b) Imposition of an administrative fine in the Class I
 3114  category pursuant to s. 570.971 for each of not more than $1,000
 3115  per occurrence after the issuance of a warning letter.
 3116         (c) Revocation or suspension of the registration as a seed
 3117  dealer.
 3118         Section 144. Paragraph (b) of subsection (1) of section
 3119  580.121, Florida Statutes, is amended to read:
 3120         580.121 Penalties; duties of law enforcement officers;
 3121  injunctive relief.—
 3122         (1) The department may impose one or more of the following
 3123  penalties against any person who violates any provision of this
 3124  chapter:
 3125         (b) Imposition of an administrative fine in the Class I
 3126  category pursuant to s. 570.971 for each, by the department, of
 3127  not more than $1,000 per occurrence.
 3128  
 3129  However, the severity of the penalty imposed shall be
 3130  commensurate with the degree of risk to human or animal safety
 3131  or the level of financial harm to the consumer that is created
 3132  by the violation.
 3133         Section 145. Paragraph (a) of subsection (2) of section
 3134  581.141, Florida Statutes, is amended to read:
 3135         581.141 Certificate of registration or of inspection;
 3136  revocation and suspension; fines.—
 3137         (2) FINES; PROBATION.—
 3138         (a)1. The department may, after notice and hearing, impose
 3139  an administrative a fine in the Class II category pursuant to s.
 3140  570.971 not exceeding $5,000 or probation not exceeding 12
 3141  months, or both, for a the violation of any of the provisions of
 3142  this chapter or the rules adopted under this chapter upon a any
 3143  person, nurseryman, stock dealer, agent, or plant broker. The
 3144  fine, when paid, shall be deposited in the Plant Industry Trust
 3145  Fund.
 3146         2. The imposition of a fine or probation pursuant to this
 3147  subsection may be in addition to or in lieu of the suspension or
 3148  revocation of a certificate of registration or certificate of
 3149  inspection.
 3150         Section 146. Subsection (2) of section 581.186, Florida
 3151  Statutes, is amended to read:
 3152         581.186 Endangered Plant Advisory Council; organization;
 3153  meetings; powers and duties.—
 3154         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 3155  meetings, powers and duties, procedures, and recordkeeping of
 3156  the Endangered Plant Advisory Council shall be pursuant to s.
 3157  570.232 governed by the provisions of s. 570.0705 relating to
 3158  advisory committees established within the department.
 3159         Section 147. Paragraph (a) of subsection (3) of section
 3160  581.211, Florida Statutes, is amended to read:
 3161         581.211 Penalties for violations.—
 3162         (3)(a)1. In addition to any other provision of law, the
 3163  department may, after notice and hearing, impose an
 3164  administrative fine in the Class II category pursuant to s.
 3165  570.971 not exceeding $5,000 for each violation of this chapter,
 3166  upon a any person, nurseryman, stock dealer, agent, or plant
 3167  broker. The fine, when paid, shall be deposited in the Plant
 3168  Industry Trust Fund. In addition, the department may place the
 3169  violator on probation for up to 1 year, with conditions.
 3170         2. The imposition of a fine or probation pursuant to this
 3171  subsection may be in addition to or in lieu of the suspension or
 3172  revocation of a certificate of registration or certificate of
 3173  inspection.
 3174         Section 148. Subsection (2) of section 582.06, Florida
 3175  Statutes, is amended to read:
 3176         582.06 Soil and Water Conservation Council; powers and
 3177  duties.—
 3178         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 3179  meetings, powers and duties, procedures, and recordkeeping of
 3180  the Soil and Water Conservation Council shall be pursuant to s.
 3181  570.232 governed by the provisions of s. 570.0705 relating to
 3182  advisory committees established within the department.
 3183         Section 149. Subsection (1) of section 585.007, Florida
 3184  Statutes, is amended to read:
 3185         585.007 Violation of rules; violation of chapter.—
 3186         (1) A Any person who violates the provisions of this
 3187  chapter or any rule of the department shall be subject to the
 3188  imposition of an administrative fine in the Class III category
 3189  pursuant to s. 570.971 of up to $10,000 for each offense. Upon
 3190  repeated violation, the department may seek enforcement pursuant
 3191  to s. 120.69.
 3192         Section 150. Paragraph (a) of subsection (2) of section
 3193  586.15, Florida Statutes, is amended to read:
 3194         586.15 Penalty for violation.—
 3195         (2)(a) The department may, after notice and hearing, impose
 3196  an administrative a fine in the Class II category pursuant to s.
 3197  570.971 not exceeding $5,000 for a the violation of any of the
 3198  provisions of this chapter or the rules adopted under this
 3199  chapter upon any person. The fine, when paid, shall be deposited
 3200  in the Plant Industry Trust Fund. The imposition of a fine
 3201  pursuant to this subsection may be in addition to or in lieu of
 3202  the suspension or revocation of a permit or a certificate of
 3203  inspection or registration.
 3204         Section 151. Subsection (3) of section 586.161, Florida
 3205  Statutes, is amended to read:
 3206         586.161 Honeybee Technical Council.—
 3207         (3) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS.—The
 3208  meetings, powers and duties, procedures, and recordkeeping of
 3209  the Honeybee Technical Council shall be pursuant to s. 570.232
 3210  governed by the provisions of s. 570.0705 relating to advisory
 3211  committees established within the department.
 3212         Section 152. Subsection (3) of section 590.14, Florida
 3213  Statutes, is amended to read:
 3214         590.14 Notice of violation; penalties; legislative intent.—
 3215         (3) The department may also impose an administrative fine
 3216  in the Class I category pursuant to s. 570.971 for each, not to
 3217  exceed $1,000 per violation of any section of chapter 589 or
 3218  this chapter or violation of any rule adopted by the Florida
 3219  Forest Service to administer provisions of law conferring duties
 3220  upon the Florida Forest Service. The fine shall be based upon
 3221  the degree of damage, the prior violation record of the person,
 3222  and whether the person knowingly provided false information to
 3223  obtain an authorization. The fines shall be deposited in the
 3224  Incidental Trust Fund of the Florida Forest Service.
 3225         Section 153. Subsection (2) of section 595.701, Florida
 3226  Statutes, is amended to read:
 3227         595.701 Healthy Schools for Healthy Lives Council.—
 3228         (2) The meetings, powers, duties, procedures, and
 3229  recordkeeping of the Healthy Schools for Healthy Lives Council
 3230  shall be pursuant to s. 570.232 governed by s. 570.0705,
 3231  relating to advisory committees established within the
 3232  department.
 3233         Section 154. Subsection (2) of section 597.0041, Florida
 3234  Statutes, is amended to read:
 3235         597.0041 Prohibited acts; penalties.—
 3236         (2)(a) A Any person who violates any provision of this
 3237  chapter or any rule adopted under this chapter promulgated
 3238  hereunder is subject to a suspension or revocation of his or her
 3239  certificate of registration or license under this chapter. The
 3240  department may, in lieu of, or in addition to the suspension or
 3241  revocation, impose on the violator an administrative fine in the
 3242  Class I category pursuant to s. 570.971 for each violation, for
 3243  each day the violation exists in an amount not to exceed $1,000
 3244  per violation per day.
 3245         (b) Except as provided in subsection (4), a any person who
 3246  violates any provision of this chapter, or any rule adopted
 3247  under this chapter hereunder, commits a misdemeanor of the first
 3248  degree, punishable as provided in s. 775.082 or s. 775.083.
 3249         Section 155. Subsection (1) of section 597.020, Florida
 3250  Statutes, is amended to read:
 3251         597.020 Shellfish processors; regulation.—
 3252         (1) The department may:
 3253         (a)is authorized to Adopt by rule regulations,
 3254  specifications, and codes relating to sanitary practices for
 3255  catching, cultivating, handling, processing, packaging,
 3256  preserving, canning, smoking, and storing of oysters, clams,
 3257  mussels, scallops, and crabs.
 3258         (b)The department is also authorized to License shellfish
 3259  processors who handle oysters, clams, mussels, scallops, and
 3260  crabs when such activities relate to quality control, sanitary,
 3261  and public health practices pursuant to this section and chapter
 3262  500.
 3263         (c)The department is also authorized to License or
 3264  certify, for a fee determined by rule, facilities used for
 3265  processing oysters, clams, mussels, scallops, and crabs;, to
 3266  levy an administrative fine in the Class I category pursuant to
 3267  s. 570.971 for each violation, for each day the violation exists
 3268  of up to $1,000 per violation per day or to suspend or revoke
 3269  such licenses or certificates upon satisfactory evidence of a
 3270  any violation of rules adopted pursuant to this section;, and to
 3271  seize and destroy any adulterated or misbranded shellfish
 3272  products as defined by rule.
 3273         Section 156. Subsection (2) of section 599.002, Florida
 3274  Statutes, is amended to read:
 3275         599.002 Viticulture Advisory Council.—
 3276         (2) The meetings, powers and duties, procedures, and
 3277  recordkeeping of the Viticulture Advisory Council shall be
 3278  pursuant to s. 570.232 governed by the provisions of s. 570.0705
 3279  relating to advisory committees established within the
 3280  department.
 3281         Section 157. Section 601.67, Florida Statutes, is amended
 3282  to read:
 3283         601.67 Disciplinary action by Department of Agriculture
 3284  against citrus fruit dealers.—
 3285         (1) The Department of Agriculture may impose an
 3286  administrative a fine in the Class IV category pursuant to s.
 3287  570.971 not to exceed exceeding $50,000 for each per violation
 3288  against a any licensed citrus fruit dealer who violates for
 3289  violation of any provision of this chapter and, in lieu of, or
 3290  in addition to, such fine, may revoke or suspend the license of
 3291  any such a dealer when it has been satisfactorily shown that
 3292  such dealer, in her or his activities as a citrus fruit dealer,
 3293  has:
 3294         (a) Obtained a license by means of fraud,
 3295  misrepresentation, or concealment;
 3296         (b) Violated or aided or abetted in the violation of any
 3297  law of this state governing or applicable to citrus fruit
 3298  dealers or any lawful rules of the Department of Citrus;
 3299         (c) Been guilty of a crime against the laws of this or any
 3300  other state or government involving moral turpitude or dishonest
 3301  dealing or has become legally incompetent to contract or be
 3302  contracted with;
 3303         (d) Made, printed, published, distributed, or caused,
 3304  authorized, or knowingly permitted the making, printing,
 3305  publication, or distribution of false statements, descriptions,
 3306  or promises of such a character as to reasonably induce any
 3307  person to act to her or his damage or injury, if such citrus
 3308  fruit dealer then knew, or by the exercise of reasonable care
 3309  and inquiry could have known, of the falsity of such statements,
 3310  descriptions, or promises;
 3311         (e) Knowingly committed or been a party to any material
 3312  fraud, misrepresentation, concealment, conspiracy, collusion,
 3313  trick, scheme, or device whereby another any other person
 3314  lawfully relying upon the word, representation, or conduct of
 3315  the citrus fruit dealer has acted to her or his injury or
 3316  damage;
 3317         (f) Committed any act or conduct of the same or different
 3318  character than of that hereinabove enumerated which constitutes
 3319  fraudulent or dishonest dealing; or
 3320         (g) Violated any of the provisions of ss. 506.19-506.28,
 3321  both sections inclusive.
 3322         (2) The Department of Agriculture may impose an
 3323  administrative a fine in the Class IV category pursuant to s.
 3324  570.971 not to exceed exceeding $100,000 for each per violation
 3325  against a any person who operates as a citrus fruit dealer
 3326  without a current citrus fruit dealer license issued by the
 3327  Department of Agriculture pursuant to s. 601.60. In addition,
 3328  the Department of Agriculture may order such person to cease and
 3329  desist operating as a citrus fruit dealer without a license. An
 3330  administrative order entered by the Department of Agriculture
 3331  under this subsection may be enforced pursuant to s. 601.73.
 3332         (3) The Department of Agriculture shall impose an
 3333  administrative a fine in the Class IV category pursuant to s.
 3334  570.971 not to exceed of not less than $10,000 nor more than
 3335  $100,000 for each per violation against a any licensed citrus
 3336  fruit dealer and shall suspend, for 60 days during the first
 3337  available period between September 1 and May 31, the license of
 3338  a any citrus fruit dealer who:
 3339         (a) Falsely labels or otherwise misrepresents that a fresh
 3340  citrus fruit was grown in a specific production area specified
 3341  in s. 601.091; or
 3342         (b) Knowingly, falsely labels or otherwise misrepresents
 3343  that a processed citrus fruit product was prepared solely with
 3344  citrus fruit grown in a specific production area specified in s.
 3345  601.091.
 3346         (4) A Any fine imposed pursuant to subsection (1),
 3347  subsection (2), or subsection (3), when paid, shall be deposited
 3348  by the Department of Agriculture into its General Inspection
 3349  Trust Fund.
 3350         (5) Whenever an any administrative order has been made and
 3351  entered by the Department of Agriculture that imposes a fine
 3352  pursuant to this section, such order shall specify a time limit
 3353  for payment of the fine, not exceeding 15 days. The failure of
 3354  the citrus fruit dealer involved to pay the fine within that
 3355  time shall result in the immediate suspension of such citrus
 3356  fruit dealer’s current license, or any subsequently issued
 3357  license, until such time as the order has been fully satisfied.
 3358  An Any order suspending a citrus fruit dealer’s license shall
 3359  include a provision that the such suspension shall be for a
 3360  specified period of time not to exceed 60 days, and such period
 3361  of suspension may begin commence at any designated date within
 3362  the current license period or subsequent license period.
 3363  Whenever an order has been entered that suspends a citrus fruit
 3364  dealer’s license for a definite period of time and that license,
 3365  by law, expires during the period of suspension, the suspension
 3366  order shall continue automatically and shall be effective
 3367  against any subsequent citrus fruit dealer dealer’s license
 3368  issued to such dealer until such time as the entire period of
 3369  suspension has elapsed. Whenever any such administrative order
 3370  of the Department of Agriculture is sought to be reviewed by the
 3371  offending dealer involved in a court of competent jurisdiction,
 3372  if such court proceedings should finally terminate in such
 3373  administrative order being upheld or not quashed, such order
 3374  shall thereupon, upon the filing with the Department of
 3375  Agriculture of a certified copy of the mandate or other order of
 3376  the last court having to do with the matter in the judicial
 3377  process, become immediately effective and shall then be carried
 3378  out and enforced notwithstanding such time will be during a new
 3379  and subsequent shipping season from that during which the
 3380  administrative order was first originally entered by the
 3381  Department of Agriculture.
 3382         Section 158. Paragraph (a) of subsection (3) of section
 3383  604.30, Florida Statutes, is amended to read:
 3384         604.30 Penalties; injunctive relief; administrative fines.—
 3385         (3)(a) In addition to the penalties provided in this
 3386  section, the department may, after notice and hearing, impose an
 3387  administrative a fine in the Class II category pursuant to s.
 3388  570.971, not to exceed exceeding $2,500 for a the violation of
 3389  any of the provisions of ss. 604.15-604.34 or the rules adopted
 3390  thereunder against a any dealer in agricultural products.; Such
 3391  fine, when imposed and paid, shall be deposited by the
 3392  department into the General Inspection Trust Fund.
 3393         Section 159. Paragraph (a) of subsection (19) of section
 3394  616.242, Florida Statutes, is amended to read:
 3395         616.242 Safety standards for amusement rides.—
 3396         (19) ENFORCEMENT AND PENALTIES.—
 3397         (a) The department may deny, suspend for a period not to
 3398  exceed 1 year, or revoke a any permit or inspection certificate.
 3399  In addition to denial, suspension, or revocation, the department
 3400  may impose an administrative fine in the Class II category
 3401  pursuant to s. 570.971, not to exceed of up to $2,500 for each
 3402  per violation, for each day the violation exists per day,
 3403  against the owner of the amusement ride if it finds that:
 3404         1. An amusement ride has operated or is operating:
 3405         a. With a mechanical, structural, or electrical defect that
 3406  affects patron safety, of which the owner or manager has
 3407  knowledge, or, through the exercise of reasonable diligence,
 3408  should have knowledge;
 3409         b. In a manner or circumstance that presents a risk of
 3410  serious injury to patrons;
 3411         c. At a speed in excess of its maximum safe operating
 3412  speed;
 3413         d. In violation of this section or any rule adopted under
 3414  this section; or
 3415         e. In violation of an any order of the department or order
 3416  of any court; or.
 3417         2. A Any manager in the course of his or her duties is
 3418  under the influence of drugs or alcohol.
 3419         Section 160. This act shall take effect July 1, 2014.