Florida Senate - 2014                             CS for SB 1630
       
       
        
       By the Committee on Agriculture; and Senator Montford
       
       
       
       
       
       575-02734-14                                          20141630c1
    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”; creating s. 501.977, F.S.; providing that
   69         certain acts relating to livery services are unfair or
   70         deceptive regulatory acts or practices; transferring,
   71         renumbering, and amending s. 570.42, F.S., relating to
   72         the Dairy Industry Technical Council; conforming a
   73         cross-reference; creating part I of ch. 570, F.S.,
   74         entitled “General Provisions”; renumbering and
   75         amending s. 570.14, F.S., relating to the seal of the
   76         department; restricting the seal of the department
   77         from being used without written approval by the
   78         department; renumbering ss. 570.18 and 570.16, F.S.,
   79         relating to organization of departmental work and the
   80         interference with department employees, respectively;
   81         amending s. 570.07. F.S.; conforming a cross
   82         reference; transferring and renumbering ss. 570.17 and
   83         570.531, F.S., relating to the regulatory work of the
   84         state relating to the protection of agricultural
   85         interests and the Market Improvements Working Capital
   86         Trust Fund, respectively; amending s. 570.23, F.S.;
   87         conforming a cross-reference; renumbering s. 570.0705,
   88         F.S., relating to advisory committees; creating part
   89         II of ch. 570, F.S., entitled “Program Services”;
   90         amending s. 570.36, F.S.; making a technical change;
   91         amending s. 570.44, F.S.; revising the duties of the
   92         Division of Agricultural Environmental Services;
   93         amending s. 570.45, F.S.; conforming provisions to
   94         changes made by the act; amending s. 570.451, F.S.;
   95         conforming a cross-reference; amending ss. 570.50 and
   96         570.51, F.S.; conforming provisions to changes made by
   97         the act; amending s. 570.543, F.S.; conforming a
   98         cross-reference; renumbering s. 570.073, F.S.,
   99         relating to the Office of Agricultural Law
  100         Enforcement; renumbering and amending s. 570.074,
  101         F.S.; requiring the Office of Agricultural and Water
  102         Policy to enforce and implement ch. 582, F.S., and
  103         rules relating to soil and water conservation;
  104         creating s. 570.67, F.S.; codifying the creation of
  105         the Office of Energy; providing for management and
  106         specifying duties; renumbering s. 570.951, F.S.,
  107         relating to the Florida Agriculture Center and Horse
  108         Park; renumbering and amending s. 570.952, F.S.,
  109         relating to the Florida Agricultural Center and Horse
  110         Park Authority; conforming provisions to changes made
  111         by the act; deleting obsolete provisions; renumbering
  112         s. 570.953, F.S., relating to the identity of donors
  113         to the Florida Agriculture Center and Horse Park
  114         Authority; renumbering and amending s. 570.902, F.S.,
  115         relating to definitions; conforming provisions to
  116         changes made by the act; renumbering ss. 570.903,
  117         570.901, and 570.91, F.S., relating to direct-support
  118         organizations, the Florida Agricultural Museum, and
  119         Florida agriculture in the classroom, respectively;
  120         creating part III of ch. 570, F.S., entitled
  121         “Agricultural Development”; amending s. 570.71, F.S.;
  122         authorizing the department to use certain funds for
  123         administrative and operating expenses related to
  124         appraisals, mapping, title process, personnel, and
  125         other real estate expenses; renumbering s. 570.241,
  126         F.S., relating to the Agricultural Economic
  127         Development Act; renumbering and amending s. 570.242,
  128         F.S., relating to the Agricultural Economic
  129         Development Act; removing the definition of the terms
  130         “commissioner” and “department”; renumbering ss.
  131         570.243, 570.244, 570.245, 570.246, F.S., relating to
  132         the Agricultural Economic Development Program, the
  133         powers of the department, interaction with other
  134         economic development agencies and groups, and
  135         agricultural economic development funding,
  136         respectively; renumbering and amending s. 570.247,
  137         F.S., relating to certain department rules; deleting
  138         obsolete provisions; renumbering ss. 570.248 and
  139         570.249, F.S., relating to the Agricultural Economic
  140         Development and Project Review Committee and disaster
  141         loans and grants and aid, respectively; renumbering
  142         and amending s. 570.9135, F.S., relating to the Beef
  143         Market Development Act; conforming cross-references;
  144         making technical changes; renumbering ss. 570.954 and
  145         570.96, F.S., relating to the farm-to-fuel initiative
  146         and agritourism, respectively; renumbering and
  147         amending s. 570.961, F.S., relating to definitions;
  148         conforming cross-references; renumbering s. 570.962,
  149         F.S., relating to agritourism participation impact on
  150         land classification; renumbering and amending s.
  151         570.963, F.S., relating to liability; conforming a
  152         cross-reference; renumbering and amending s. 570.964,
  153         F.S., relating to posting and notification
  154         requirements for agritourism operators; conforming
  155         provisions to changes made by the act; creating part
  156         IV of ch. 570, F.S., entitled “Agricultural Water
  157         Policy”; renumbering s. 570.075, F.S., relating to
  158         water supply agreements; renumbering and amending s.
  159         570.076, F.S., relating to Environmental Stewardship
  160         Certification; conforming a cross-reference;
  161         renumbering ss. 570.085 and 570.087, F.S., relating to
  162         agricultural water conservation and agricultural water
  163         supply planning and best management practices for
  164         wildlife, respectively; creating part V of ch. 570,
  165         F.S., entitled “Penalties”; creating s. 570.971, F.S.;
  166         providing administrative fines and civil penalties;
  167         authorizing the department to refuse to issue or renew
  168         a license, permit, authorization, certificate, or
  169         registration under certain circumstances; authorizing
  170         the department to adopt rules; amending s. 576.021,
  171         F.S.; updating terminology; authorizing applications
  172         for registration for specialty fertilizers to be
  173         submitted using the department’s website; making
  174         technical changes; amending s. 576.031, F.S.; revising
  175         labeling requirements for distribution of fertilizer
  176         in bulk; amending s. 576.041, F.S.; removing surety
  177         bond and certificate of deposit requirements for
  178         fertilizer license applicants; amending s. 576.051,
  179         F.S.; extending the period of retention for an
  180         official check sample; amending s. 576.061, F.S.;
  181         deleting the penalty imposed when it is determined by
  182         the department that a fertilizer has been distributed
  183         without being licensed or registered, or without
  184         labeling; conforming provisions to changes made by the
  185         act; making technical changes; amending s. 576.071,
  186         F.S.; requiring the department to survey the
  187         fertilizer industry of this state to determine the
  188         commercial value used in assessing penalties for a
  189         deficiency; amending s. 576.087, F.S.; deleting
  190         certain requirements relating to antisiphon devices;
  191         amending s. 576.101, F.S.; deleting the department’s
  192         authorization to place a licensee on probationary
  193         status under certain circumstances; amending s.
  194         578.08, F.S.; deleting the requirement that the
  195         application for registration as a seed dealer include
  196         the name and location of each place of business at
  197         which the seed is sold, distributed, offered, exposed,
  198         or handled for sale; requiring the application to be
  199         made by submitting a form prescribed by department
  200         rule or using the department’s website; establishing a
  201         registration fee for receipts of certain amounts;
  202         amending s. 580.036, F.S.; requiring that standards
  203         for the sale, use, and distribution of commercial feed
  204         or feedstuff, if adopted, be developed in consultation
  205         with the Agricultural Feed, Seed, and Fertilizer
  206         Advisory Council; amending s. 580.041, F.S.; removing
  207         the requirement that the master registration form for
  208         each distributor of commercial feed identify the
  209         manufacturer’s or guarantor’s name and place of
  210         business and the location of each manufacturing
  211         facility; revising the requirement that the department
  212         must mail a copy of the master registration in order
  213         to signify that the administrative requirements have
  214         been met; amending s. 580.071, F.S.; providing
  215         additional factors that would make a commercial feed
  216         or feedstuff be deemed adulterated; amending s.
  217         581.091, F.S.; deleting the definition of the term
  218         “commercial citrus grove”; deleting provisions
  219         relating to special permits authorizing a person to
  220         plant Casuarina cunninghamiana as part of a pilot
  221         program; eliminating a requirement that the department
  222         develop and implement a monitoring protocol to
  223         determine invasiveness of Casuarina cunninghamiana;
  224         amending s. 581.131, F.S.; revising the time in which
  225         the department must provide certain notice and
  226         certificate renewal forms; amending s. 583.01, F.S.;
  227         redefining the term “dealer”; transferring,
  228         renumbering, and amending s. 570.38, F.S., relating to
  229         the Animal Industry Technical Council; conforming a
  230         cross-reference; amending s. 589.08, F.S.; requiring
  231         the Florida Forest Service to pay a certain percentage
  232         of the gross receipts from the Goethe State Forest to
  233         each fiscally constrained county; requiring such funds
  234         to be equally divided between the board of county
  235         commissioners and the school board; amending s.
  236         589.011, F.S.; providing conditions under which the
  237         Florida Forest Service is authorized to grant use of
  238         certain lands; limiting liability for lessees of
  239         specified lands; providing criteria by which the
  240         Florida Forest Service determines certain fees,
  241         rentals, and charges; amending s. 589.20, F.S.;
  242         authorizing the Florida Forest Service to cooperate
  243         with water management districts, municipalities, and
  244         other governmental entities; amending s. 590.02, F.S.;
  245         renaming the Florida Center for Wildfire and Forest
  246         Resources Management Training as the Withlacoochee
  247         Training Center; making technical changes; amending s.
  248         590.125, F.S.; providing that new authorization is not
  249         required for smoldering that occurs within the
  250         authorized burn area unless new ignitions are
  251         conducted by certain persons; providing that
  252         monitoring the smoldering activity of a burn does not
  253         require an additional authorization; transferring and
  254         renumbering s. 570.0725, F.S., relating to food
  255         recovery; amending s. 597.003, F.S.; amending the
  256         powers and duties of the department to include
  257         providing training as necessary to lessees of certain
  258         lands for aquaculture use; amending s. 597.004, F.S.;
  259         requiring an applicant for an aquaculture certificate
  260         to submit a certificate of training if required;
  261         amending s. 597.020, F.S.; authorizing the department
  262         to adopt training requirements for shellfish
  263         processors by rule; transferring and renumbering ss.
  264         570.481 and 570.55, F.S., relating to food recovery,
  265         fruit and vegetable inspection fees, and
  266         identification of sellers or handlers of tropical or
  267         subtropical fruit and vegetables, respectively;
  268         amending s. 604.16, F.S.; providing an exemption for
  269         certain dealers in agricultural products from certain
  270         requirements; amending s. 604.22, F.S.; revising
  271         certain penalties for dealers in agricultural
  272         products; repealing s. 487.172, F.S., relating to an
  273         educational program for organotin compounds in
  274         antifouling paints; repealing ss. 500.301, 500.302,
  275         500.303, 500.304, 500.305, 500.306, F.S., relating to
  276         the standards of enrichment, sales, enforcement, and
  277         inspection of certain grain products; repealing s.
  278         500.601, F.S., relating to the retail sale of meat;
  279         repealing s. 570.345, F.S., relating to the Pest
  280         Control Compact; repealing s. 570.542, F.S., relating
  281         to the Florida Consumer Services Act; repealing s.
  282         570.72, F.S., relating to a definition; repealing s.
  283         570.92, F.S., relating to an equestrian educational
  284         sports program; repealing s. 589.081, F.S., relating
  285         to the Withlacoochee State Forest and Goethe State
  286         Forest; repealing s. 590.091, F.S., relating to the
  287         designation of railroad rights-of-way as wildfire
  288         hazard areas; amending ss. 193.461, 253.74, 288.1175,
  289         320.08058, 373.621, 373.709, 381.0072, 388.46,
  290         472.0351, 472.036, 482.161, 482.165, 482.243, 487.047,
  291         487.091, 487.175, 493.6118, 496.420, 500.70, 501.612,
  292         501.619, 502.231, 507.09, 507.10, 509.032, 525.16,
  293         526.311, 526.55, 527.13, 531.50, 534.52, 539.001,
  294         559.921, 559.9355, 559.936, 571.11, 571.28, 571.29,
  295         578.181, 580.121, 581.141, 581.186, 581.211, 582.06,
  296         585.007, 586.15, 586.161, 590.14, 595.701, 597.0041,
  297         599.002, 601.67, 604.30, 616.242, F.S.; conforming
  298         provisions to changes made by the act; providing an
  299         effective date.
  300          
  301  Be It Enacted by the Legislature of the State of Florida:
  302  
  303         Section 1. Paragraph (a) of subsection (2) of section
  304  282.709, Florida Statutes, is amended to read:
  305         282.709 State agency law enforcement radio system and
  306  interoperability network.—
  307         (2) The Joint Task Force on State Agency Law Enforcement
  308  Communications is created adjunct to the department to advise
  309  the department of member-agency needs relating to the planning,
  310  designing, and establishment of the statewide communication
  311  system.
  312         (a) The Joint Task Force on State Agency Law Enforcement
  313  Communications shall consist of the following members:
  314         1. A representative of the Division of Alcoholic Beverages
  315  and Tobacco of the Department of Business and Professional
  316  Regulation who shall be appointed by the secretary of the
  317  department.
  318         2. A representative of the Division of Florida Highway
  319  Patrol of the Department of Highway Safety and Motor Vehicles
  320  who shall be appointed by the executive director of the
  321  department.
  322         3. A representative of the Department of Law Enforcement
  323  who shall be appointed by the executive director of the
  324  department.
  325         4. A representative of the Fish and Wildlife Conservation
  326  Commission who shall be appointed by the executive director of
  327  the commission.
  328         5. A representative of the Department of Corrections who
  329  shall be appointed by the secretary of the department.
  330         6. A representative of the Division of State Fire Marshal
  331  of the Department of Financial Services who shall be appointed
  332  by the State Fire Marshal.
  333         7. A representative of the Department of Transportation who
  334  shall be appointed by the secretary of the department.
  335         8. A representative of the Department of Agriculture and
  336  Consumer Services who shall be appointed by the Commissioner of
  337  Agriculture.
  338         Section 2. Section 570.0741, Florida Statutes, is
  339  transferred, renumbered as section 377.805, Florida Statutes,
  340  and amended to read:
  341         377.805 570.0741 Energy efficiency and conservation
  342  clearinghouse.—The Office of Energy within the Department of
  343  Agriculture and Consumer Services, in consultation with the
  344  Public Service Commission, the Florida Building Commission, and
  345  the Florida Energy Systems Consortium, shall develop a
  346  clearinghouse of information regarding cost savings associated
  347  with various energy efficiency and conservation measures. The
  348  Department of Agriculture and Consumer Services shall post the
  349  information on its website by July 1, 2013.
  350         Section 3. Paragraph (e) of subsection (5) of section
  351  379.361, Florida Statutes, is amended to read:
  352         379.361 Licenses.—
  353         (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
  354         (e) Each person who applies for an Apalachicola Bay oyster
  355  harvesting license shall, before receiving the license for the
  356  first time, attend an educational seminar of not more than 16
  357  hours length, developed and conducted jointly by the Department
  358  of Environmental Protection’s Apalachicola National Estuarine
  359  Research Reserve, the Division of Law Enforcement of the Fish
  360  and Wildlife Conservation Commission, and the Department of
  361  Agriculture and Consumer Services’ Apalachicola District
  362  Shellfish Environmental Assessment Laboratory. The seminar shall
  363  address, among other things, oyster biology, conservation of the
  364  Apalachicola Bay, sanitary care of oysters, small business
  365  management, and water safety. The seminar shall be offered five
  366  times per year, and each person attending shall receive a
  367  certificate of participation to present when obtaining an
  368  Apalachicola Bay oyster harvesting license. The educational
  369  seminar is not required for renewal of an Apalachicola Bay
  370  oyster harvesting license.
  371         Section 4. Paragraph (d) of subsection (3) of section
  372  487.041, Florida Statutes, is amended to read:
  373         487.041 Registration.—
  374         (3) The department, in addition to its other duties under
  375  this section, has the power to:
  376         (d) Require a registrant to continue the registration of a
  377  brand of pesticide that remains on retailers’ shelves in the
  378  state unless the department receives the registrant’s written
  379  notification that it is discontinuing the distribution of the
  380  brand of pesticide and the registrant then maintains the
  381  registration of that brand for a minimum of 2 years. The
  382  discontinued brand of pesticide may remain on retailers shelves
  383  without further registration if the brand of pesticide is not
  384  distributed by the registrant in the state during or after the
  385  minimum 2-year period who discontinues the distribution of a
  386  brand of pesticide in this state to continue the registration of
  387  the brand of the pesticide for a minimum of 2 years or until no
  388  more remains on retailers’ shelves if such continued
  389  registration or sale is not specifically prohibited by the
  390  department or the United States Environmental Protection Agency.
  391         Section 5. Subsection (1) of section 487.046, Florida
  392  Statutes, is amended to read:
  393         487.046 Application; licensure.—
  394         (1) An application for a license shall be filed with made
  395  in writing to the department by using on a form prescribed
  396  furnished by the department or by using the department’s
  397  website. Each application shall contain information regarding
  398  the applicant’s qualifications, proposed operations, and license
  399  classification or subclassifications, as prescribed by rule.
  400         Section 6. Subsection (1) of section 487.048, Florida
  401  Statutes, is amended to read:
  402         487.048 Dealer’s license; records.—
  403         (1) Each person holding or offering for sale, selling, or
  404  distributing restricted-use pesticides must shall obtain a
  405  dealer’s license from the department. An application for a the
  406  license shall be filed with the department by using made on a
  407  form prescribed by the department or by using the department’s
  408  website. The license must be obtained before entering into
  409  business or transferring ownership of a business. The department
  410  may require examination or other proof of competency of
  411  individuals to whom licenses are issued or of individuals
  412  employed by persons to whom licenses are issued. Demonstration
  413  of continued competency may be required for license renewal, as
  414  set by rule. The license shall be renewed annually as provided
  415  by rule. An annual license fee not exceeding $250 shall be
  416  established by rule. However, a user of a restricted-use
  417  pesticide may distribute unopened containers of a properly
  418  labeled pesticide to another user who is legally entitled to use
  419  that restricted-use pesticide without obtaining a pesticide
  420  dealer’s license. The exclusive purpose of distribution of the
  421  restricted-use pesticide is to keep it from becoming a hazardous
  422  waste as defined in s. 403.703(13).
  423         Section 7. Section 487.159, Florida Statutes, is amended to
  424  read:
  425         487.159 Damage or injury to property, animal, or person;
  426  mandatory report of damage or injury; time for filing; failure
  427  to file.—
  428         (1) The person claiming damage or injury to property,
  429  animal, or human beings from application of a pesticide shall
  430  file with the department a written statement claiming damages,
  431  on a form prescribed by the department, within 48 hours after
  432  the damage or injury becomes apparent. The statement shall
  433  contain, but shall not be limited to, the name of the person
  434  responsible for the application of the pesticide, the name of
  435  the owner or lessee of the land on which the crop is grown and
  436  for which the damages are claimed, and the date on which it is
  437  alleged that the damages occurred. The department shall
  438  investigate the alleged damages and notify all concerned parties
  439  of its findings. If the findings reveal a violation of the
  440  provisions of this part, the department shall determine an
  441  appropriate penalty, as provided in this part. The filing of a
  442  statement or the failure to file such a statement need not be
  443  alleged in any complaint which might be filed in a court of law,
  444  and the failure to file the statement shall not be considered
  445  any bar to the maintenance of any criminal or civil action.
  446         (1)(2)A It is the duty of any licensee shall to report
  447  unreasonable adverse effects on the environment or damage to
  448  property or injury to human beings, animals, plants, or other
  449  property a person as the result of the application of a
  450  restricted-use pesticide by the licensee or by an applicator or
  451  mixer-loader under the licensee’s direct supervision, if and
  452  when the licensee has knowledge of such damage or injury. It is
  453  also the express intent of this section to require all
  454  Physicians shall to report all pesticide-related illnesses or
  455  injuries to the nearest county health department, which shall
  456  will notify the department so that the department may establish
  457  a pesticide incident monitoring system within the Division of
  458  Agricultural Environmental Services.
  459         (2)(3) When damage or injury to human beings, animals,
  460  plants, or other property as the result of the application of a
  461  restricted-use pesticide is alleged to have been done, the
  462  person claiming such damage or injury claimant shall allow
  463  permit the licensee and the licensee’s representatives to
  464  observe within a reasonable amount of time hours the alleged
  465  damage or injury in order that the damage or injury may be
  466  examined. The failure of the person claiming such damage or
  467  injury claimant to allow permit observation and examination of
  468  the alleged damage or injury shall automatically bar the claim
  469  against the licensee.
  470         Section 8. Section 487.160, Florida Statutes, is amended to
  471  read:
  472         487.160 Records.—Licensed private applicators, supervising
  473  15 or more unlicensed applicators or mixer-loaders and licensed
  474  public applicators, and licensed commercial applicators shall
  475  maintain records as the department may determine by rule with
  476  respect to the application of restricted pesticides, including,
  477  but not limited to, the type and quantity of pesticide, method
  478  of application, crop treated, and dates and location of
  479  application. Other licensed private applicators shall maintain
  480  records as the department may determine by rule with respect to
  481  the date, type, and quantity of restricted-use pesticides used.
  482  Licensees shall keep records for a period of 2 years from the
  483  date of the application of the pesticide to which the records
  484  refer, and shall furnish to the department a copy of the records
  485  upon written request by the department.
  486         Section 9. Present subsection (8) of section 487.2031,
  487  Florida Statutes, is redesignated as subsection (7), and present
  488  subsection (7) of that section is amended to read:
  489         487.2031 Definitions.—For the purposes of this part, the
  490  term:
  491         (8)(7) “Material Safety data sheet” means written,
  492  electronic, or printed material concerning an agricultural
  493  pesticide that sets forth the following information:
  494         (a) The chemical name and the common name of the
  495  agricultural pesticide.
  496         (b) The hazards or other risks in the use of the
  497  agricultural pesticide, including:
  498         1. The potential for fire, explosions, corrosivity, and
  499  reactivity.
  500         2. The known acute health effects and chronic health
  501  effects of exposure to the agricultural pesticide, including
  502  those medical conditions that are generally recognized as being
  503  aggravated by exposure to the agricultural pesticide.
  504         3. The primary routes of entry and symptoms of
  505  overexposure.
  506         (c) The proper handling practices, necessary personal
  507  protective equipment, and other proper or necessary safety
  508  precautions in circumstances that involve the use of or exposure
  509  to the agricultural pesticide, including appropriate emergency
  510  treatment in case of overexposure.
  511         (d) The emergency procedures for spills, fire, disposal,
  512  and first aid.
  513         (e) A description of the known specific potential health
  514  risks posed by the agricultural pesticide, which is written in
  515  lay terms and is intended to alert a any person who reads the
  516  information.
  517         (f) The year and month, if available, that the information
  518  was compiled and the name, address, and emergency telephone
  519  number of the manufacturer responsible for preparing the
  520  information.
  521         Section 10. Section 487.2051, Florida Statutes, is amended
  522  to read:
  523         487.2051 Availability of agricultural pesticide information
  524  to workers and medical personnel.—
  525         (1) An agricultural employer shall make available
  526  agricultural pesticide information concerning any agricultural
  527  pesticide to a any worker:
  528         (a) Who enters an agricultural-pesticide-treated area on an
  529  agricultural establishment where:
  530         1. An agricultural pesticide has been applied within 30
  531  days of that entry; or
  532         2. A restricted-entry interval has been in effect; or
  533         (b) Who may be exposed to the agricultural pesticide during
  534  normal conditions of use or in a foreseeable emergency.
  535         (2) The agricultural pesticide information provided
  536  pursuant to subsection (1) must be in the form of a fact sheet
  537  or a material safety data sheet. The agricultural employer shall
  538  provide a written copy of the information provided pursuant to
  539  subsection (1) within 2 working days after a request for the
  540  information by a worker or a designated representative. In the
  541  case of a pesticide-related medical emergency, the agricultural
  542  employer shall provide a written copy of the information
  543  promptly upon the request of the worker, the designated
  544  representative, or medical personnel treating the worker.
  545         (3) Upon the initial purchase of a product and with the
  546  first purchase after the fact sheet or material safety data
  547  sheet is updated, the distributor, manufacturer, or importer of
  548  agricultural pesticides shall obtain or develop and provide each
  549  direct purchaser of an agricultural pesticide with a fact sheet
  550  or material safety data sheet. If the fact sheet or material
  551  safety data sheet or fact sheet for the agricultural pesticide
  552  is not available when the agricultural pesticide is purchased,
  553  the agricultural employer shall take appropriate and timely
  554  steps to obtain the fact sheet or material safety data sheet or
  555  fact sheet from the distributor, the manufacturer, the
  556  department, a federal agency, or another distribution source.
  557         (4) The department shall produce and make available to a
  558  trainer a one-page general agricultural pesticide safety sheet.
  559  The pesticide safety sheet must be in a language understandable
  560  to the worker and must include, but need not be limited to,
  561  illustrated instructions on preventing agricultural pesticide
  562  exposure and toll-free telephone numbers to the Florida Poison
  563  Control Centers. The trainer shall provide the pesticide safety
  564  sheet to the worker pursuant to the United States Environmental
  565  Protection Agency Worker Protection Standard, 40 C.F.R. s.
  566  170.130.
  567         Section 11. Subsections (3) and (5) of section 493.6120,
  568  Florida Statutes, are amended to read:
  569         493.6120 Violations; penalty.—
  570         (3) Except as otherwise provided in this chapter, a person
  571  who violates any provision of this chapter except subsection (7)
  572  commits a misdemeanor of the first degree, punishable as
  573  provided in s. 775.082 or s. 775.083. The department may also
  574  seek the imposition of a civil penalty in the Class II category
  575  pursuant to s. 570.971 upon a withholding of adjudication of
  576  guilt or an adjudication of guilt in a criminal case.
  577         (5) A person who violates or disregards a cease and desist
  578  order issued by the department commits a misdemeanor of the
  579  first degree, punishable as provided in s. 775.082 or s.
  580  775.083. In addition, the department may seek the imposition of
  581  a civil penalty in the Class II category pursuant to s. 570.971
  582  not to exceed $5,000.
  583         Section 12. Section 570.545, Florida Statutes, is
  584  transferred and renumbered as section 501.0113, Florida
  585  Statutes.
  586         Section 13. Paragraph (p) of subsection (1) of section
  587  500.03, Florida Statutes, is amended to read:
  588         500.03 Definitions; construction; applicability.—
  589         (1) For the purpose of this chapter, the term:
  590         (p) “Food establishment” means a any factory, food outlet,
  591  or any other facility manufacturing, processing, packing,
  592  holding, or preparing food or selling food at wholesale or
  593  retail. The term does not include any business or activity that
  594  is regulated under s. 413.051, s. 500.80, chapter 509, or
  595  chapter 601. The term includes tomato packinghouses and
  596  repackers but does not include any other establishments that
  597  pack fruits and vegetables in their raw or natural states,
  598  including those fruits or vegetables that are washed, colored,
  599  or otherwise treated in their unpeeled, natural form before they
  600  are marketed.
  601         Section 14. Paragraphs (a) and (b) of subsection (1) and
  602  subsection (8) of section 500.12, Florida Statutes, are amended
  603  to read:
  604         500.12 Food permits; building permits.—
  605         (1)(a) A food permit from the department is required of a
  606  any person who operates a food establishment or retail food
  607  store, except:
  608         1. Persons operating minor food outlets, including, but not
  609  limited to, video stores, that sell food that is commercially
  610  prepackaged, not potentially hazardous, and not time or
  611  temperature controlled for safety if, nonpotentially hazardous
  612  candy, chewing gum, soda, or popcorn, provided the shelf space
  613  for those items does not exceed 12 total linear feet and no
  614  other food is sold by the minor food outlet.
  615         2. Persons subject to continuous, onsite federal or state
  616  inspection.
  617         3. Persons selling only legumes in the shell, either
  618  parched, roasted, or boiled.
  619         4. Persons selling sugar cane or sorghum syrup that has
  620  been boiled and bottled on a premise located within the state.
  621  Such bottles must contain a label listing the producer’s name
  622  and street address, all added ingredients, the net weight or
  623  volume of the product, and a statement that reads: “This product
  624  has not been produced in a facility permitted by the Florida
  625  Department of Agriculture and Consumer Services.”
  626         (b) Each food establishment and retail food store regulated
  627  under this chapter must apply for and receive a food permit
  628  before operation begins. An application for a food permit from
  629  the department must be accompanied by a fee in an amount
  630  determined by department rule. The department shall adopt by
  631  rule a schedule of fees, which may not exceed $650, to be paid
  632  by each food establishment and retail food store as a condition
  633  of issuance or renewal of a food permit. Such fees and shall be
  634  used solely for the recovery of costs for the services provided,
  635  except that the fee accompanying an application for a food
  636  permit for operating a bottled water plant may not exceed $1,000
  637  and the fee accompanying an application for a food permit for
  638  operating a packaged ice plant may not exceed $250. The fee for
  639  operating a bottled water plant or a packaged ice plant shall be
  640  set by rule of the department. Food permits are not transferable
  641  from one person or physical location to another. Food permits
  642  must be renewed annually on or before January 1. If an
  643  application for renewal of a food permit is not received by the
  644  department within 30 days after its due date, a late fee, in an
  645  amount not exceeding $100, must be paid in addition to the food
  646  permit fee before the department may issue the food permit. The
  647  moneys collected shall be deposited in the General Inspection
  648  Trust Fund.
  649         (8) A Any person who, after October 1, 2000, applies for or
  650  renews a local business tax certificate occupational license to
  651  engage in business as a food establishment or retail food store
  652  must exhibit a current food permit or an active letter of
  653  exemption from the department before the local business tax
  654  certificate occupational license may be issued or renewed.
  655         Section 15. Subsections (1) through (3) of section 500.121,
  656  Florida Statutes, are amended, and subsection (7) is added to
  657  that section, to read:
  658         500.121 Disciplinary procedures.—
  659         (1) In addition to the suspension procedures provided in s.
  660  500.12, if applicable, the department may impose an
  661  administrative fine in the Class II category pursuant to s.
  662  570.971 a fine not to exceed $5,000 against any retail food
  663  store, food establishment, or cottage food operation that
  664  violates this chapter, which fine, when imposed and paid, shall
  665  be deposited by the department into the General Inspection Trust
  666  Fund. The department may revoke or suspend the permit of any
  667  such retail food store or food establishment if it is satisfied
  668  that the retail food store or food establishment has:
  669         (a) Violated any of the provisions of this chapter.
  670         (b) Violated, or aided or abetted in the violation of, any
  671  law of this state or department rule relating governing or
  672  applicable to retail food stores or food establishments or any
  673  lawful rules of the department.
  674         (c) Knowingly committed, or been a party to, any material
  675  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
  676  or device whereby another any other person, lawfully relying
  677  upon the word, representation, or conduct of a retail food store
  678  or food establishment, acts to her or his injury or damage.
  679         (d) Committed any act or conduct of the same or different
  680  character than that enumerated which constitutes fraudulent or
  681  dishonest dealing.
  682         (2) A Any manufacturer, processor, packer, or distributor
  683  who misrepresents or mislabels the country of origin of any food
  684  may, in addition to any penalty provided in this chapter, be
  685  subject to an additional administrative fine in the Class II
  686  category pursuant to s. 570.971 for each of up to $10,000 per
  687  violation.
  688         (3) An Any administrative order made and entered by the
  689  department imposing a fine pursuant to this section shall
  690  specify the amount of the fine and the time limit for payment
  691  thereof, not exceeding 21 15 days, and, upon failure of the
  692  permitholder to pay the fine within that time, the permit is
  693  subject to suspension or revocation.
  694         (7) The department may determine that a food establishment
  695  regulated under this chapter requires immediate closure when the
  696  food establishment fails to comply with this chapter or rules
  697  adopted under this chapter and presents an imminent threat to
  698  the public health, safety, and welfare. The department may
  699  accept inspection results from other state and local building
  700  officials and other regulatory agencies as justification for
  701  such action. The department shall, upon such a determination,
  702  issue an immediate final order to close a food establishment as
  703  follows:
  704         (a) The division director or designee shall determine that
  705  the continued operation of a food establishment presents an
  706  immediate danger to the public health, safety, and welfare.
  707         (b) Upon such determination, the department shall issue an
  708  immediate final order directing the owner or operator of the
  709  food establishment to cease operation and close the food
  710  establishment. The department shall serve the order upon the
  711  owner or operator of the food establishment, or agent thereof.
  712  The department may attach a closed-for-operation sign to the
  713  food establishment while the order remains in place.
  714         (c) The department shall inspect the food establishment
  715  within 24 hours after the issuance of the order. Upon a
  716  determination that the food establishment has met the applicable
  717  requirements to resume operations, the department shall serve a
  718  release upon the owner or operator of the food establishment, or
  719  agent thereof.
  720         (d) A food establishment ordered by the department to cease
  721  operation and close under this section shall remain closed until
  722  released by the department or by a judicial order to reopen.
  723         (e) It is a misdemeanor of the second degree, punishable as
  724  provided in s. 775.082 or s. 775.083, for a person to deface or
  725  remove a closed-for-operation sign placed on a food
  726  establishment by the department or for the owner or operator of
  727  a food establishment to resist closure of the establishment by
  728  the department. The department may impose administrative
  729  sanctions for violations of this paragraph.
  730         (f) The department may adopt rules to administer this
  731  subsection.
  732         Section 16. Subsection (1) of section 500.147, Florida
  733  Statutes, is amended to read:
  734         500.147 Inspection of food establishments, food records,
  735  and vehicles.—
  736         (1) The department or its duly authorized agent shall have
  737  free access at all reasonable hours to a any food establishment,
  738  food record, or any vehicle being used to transport or hold food
  739  in commerce for the purpose of inspecting such establishment,
  740  record, or vehicle to determine whether if any provision of this
  741  chapter or any rule adopted under this the chapter is being
  742  violated; to secure a sample or a specimen of any food after
  743  paying or offering to pay for such sample; to see that all
  744  sanitary rules adopted by the department are complied with; to
  745  facilitate tracing of food products in the event of a food-borne
  746  illness outbreak or the identification of an adulterated or
  747  misbranded food item; or to enforce the special-occupancy
  748  provisions of the Florida Building Code which apply to food
  749  establishments.
  750         Section 17. Subsection (3) of section 500.165, Florida
  751  Statutes, is amended to read:
  752         500.165 Transporting shipments of food items; rules;
  753  penalty.—
  754         (3) A Any person who violates subsection (1) or the rules
  755  adopted under subsection (2) is subject to an administrative
  756  fine in the class III category pursuant to s. 570.971 for each
  757  not to exceed $50,000 per violation. In addition, a any person
  758  who violates subsection (1) commits is guilty of a misdemeanor
  759  of the first degree, punishable as provided in s. 775.082 or s.
  760  775.083.
  761         Section 18. Section 500.172, Florida Statutes, is amended
  762  to read:
  763         500.172 Embargoing, detaining, destroying of food, or food
  764  processing equipment, food-processing areas, or food storage
  765  areas that are is in violation.—
  766         (1) If When the department or its duly authorized agent
  767  finds, or has probable cause to believe, that any food article,
  768  or food-processing equipment, food-processing area, or food
  769  storage area is in violation of this chapter or any rule adopted
  770  under this chapter so as to be dangerous, unwholesome,
  771  fraudulent, or insanitary within the meaning of this chapter, an
  772  agent of the department may issue and enforce a stop-sale, stop
  773  use, removal, or hold order, which order gives notice that such
  774  article, or processing equipment, processing area, or storage
  775  area is, or is suspected of being, in violation and has been
  776  detained or embargoed and which order warns all persons not to
  777  remove, use, or dispose of such article, or processing
  778  equipment, processing area, or storage area by sale or otherwise
  779  until permission for removal, use, or disposal is given by the
  780  department or the court. A It is unlawful for any person may not
  781  to remove, use, or dispose of such detained or embargoed
  782  article, or processing equipment, processing area, or storage
  783  area by sale or otherwise without such permission.
  784         (2) If an article, or processing equipment, processing
  785  area, or storage area detained or embargoed under subsection (1)
  786  has been found by the department to be in violation of law or
  787  rule, the department may, within a reasonable period of time
  788  after the issuance of such notice, petition the circuit court,
  789  in the jurisdiction of which the article, or processing
  790  equipment, processing area, or storage area is detained or
  791  embargoed, for an order for condemnation of such article, or
  792  processing equipment, processing area, or storage area. When the
  793  department has found that an article, or processing equipment,
  794  processing area, or storage area so detained or embargoed is not
  795  in violation, the department shall rescind the stop-sale, stop
  796  use, removal, or hold order.
  797         (3) If the court finds that the detained or embargoed
  798  article, or processing equipment, processing area, or storage
  799  area is in violation, such article, or processing equipment,
  800  processing area, or storage area shall, after entry of the
  801  decree, be destroyed or made sanitary at the expense of the
  802  claimant thereof under the supervision of the department, and;
  803  all court costs, fees, and storage and other proper expenses
  804  shall be taxed against the claimant of such article, or
  805  processing equipment, processing area, or storage area or her or
  806  his agent. However, if the violation can be corrected by proper
  807  labeling of the article or sanitizing of the processing
  808  equipment, processing area, or storage area, and after such
  809  costs, fees, and expenses have been paid and a good and
  810  sufficient bond, conditioned that such article be so labeled or
  811  processed or such processing equipment, processing area, or
  812  storage area so sanitized, has been executed, the court may by
  813  order direct that such article, or processing equipment,
  814  processing area, or storage area be made available delivered to
  815  the claimant thereof for such labeling, processing, or
  816  sanitizing under the supervision of the department. The expense
  817  of such supervision shall be paid by the claimant. Such bond
  818  shall be returned to the claimant of the article or processing
  819  equipment, processing area, or storage area, on representation
  820  to the court by the department that the article, or processing
  821  equipment, processing area, or storage area is no longer in
  822  violation of this chapter and that the expenses of such
  823  supervision have been paid.
  824         (4) When the department or any of its authorized agents
  825  finds in any room, building, vehicle, or other structure any
  826  meat, seafood, poultry, vegetable, fruit, or other perishable
  827  articles which are unsound or contain any filthy, decomposed, or
  828  putrid substances, or which may be poisonous or deleterious to
  829  health or otherwise unsafe, the same is being hereby declared to
  830  be a nuisance, and the department, or its authorized agent,
  831  shall forthwith condemn or destroy the same, or in any other
  832  manner render the same unsalable as human food.
  833         Section 19. Subsection (3) and paragraph (b) of subsection
  834  (4) of section 501.019, Florida Statutes, are amended to read:
  835         501.019 Health studios; penalties.—
  836         (3) The department may institute proceedings in the
  837  appropriate circuit court to recover any penalties or damages
  838  allowed in this section and for injunctive relief to enforce
  839  compliance with ss. 501.012-501.019 or any rule or order of the
  840  department. The department may seek a civil penalty in the Class
  841  II category pursuant to s. 570.971 of up to $5,000 for each
  842  violation of this section.
  843         (4)
  844         (b) Upon a finding as set forth in paragraph (a), the
  845  department may enter an order doing one or more of the
  846  following:
  847         1. Issuing a notice of noncompliance pursuant to s.
  848  120.695.
  849         2. For a violation of s. 501.015 or s. 501.016, imposing an
  850  administrative fine in the Class II category pursuant to s.
  851  570.971 for each not to exceed $5,000 per violation.
  852         3. For a violation of s. 501.013, s. 501.017, or s.
  853  501.018, imposing an administrative fine not to exceed $500 per
  854  violation.
  855         3.4. Directing that the health studio cease and desist
  856  specified activities.
  857         4.5. Refusing to register or revoking or suspending a
  858  registration.
  859         5.6. Placing the registrant on probation for a period of 5
  860  years, subject to such conditions as the department may specify
  861  by rule.
  862         Section 20. Subsection (9) of section 501.059, Florida
  863  Statutes, is amended, and subsection (12) is added to that
  864  section, to read:
  865         501.059 Telephone solicitation.—
  866         (9)(a) The department shall investigate any complaints
  867  received concerning violations of this section. If, after
  868  investigating a any complaint, the department finds that there
  869  has been a violation of this section, the department or the
  870  Department of Legal Affairs may bring an action to impose a
  871  civil penalty and to seek other relief, including injunctive
  872  relief, as the court deems appropriate against the telephone
  873  solicitor. The civil penalty shall be in the Class III category
  874  pursuant to s. 570.971 for each may not exceed $10,000 per
  875  violation and shall be deposited in the General Inspection Trust
  876  Fund if the action or proceeding was brought by the department,
  877  or the Legal Affairs Revolving Trust Fund if the action or
  878  proceeding was brought by the Department of Legal Affairs. This
  879  civil penalty may be recovered in any action brought under this
  880  part by the department, or the department may terminate any
  881  investigation or action upon agreement by the person to pay a
  882  stipulated civil penalty. The department or the court may waive
  883  any civil penalty if the person has previously made full
  884  restitution or reimbursement or has paid actual damages to the
  885  consumers who have been injured by the violation.
  886         (b) The department may, as an alternative to the civil
  887  penalties provided in paragraph (a), impose an administrative
  888  fine in the Class I category pursuant to s. 570.971 not to
  889  exceed $1,000 for each act or omission that constitutes a
  890  violation of this section. An administrative proceeding that
  891  could result in the entry of an order imposing an administrative
  892  penalty must be conducted pursuant to in accordance with chapter
  893  120.
  894         (12) The department may adopt rules to implement this
  895  section.
  896         Section 21. Paragraph (a) of subsection (1) of section
  897  501.922, Florida Statutes, is amended to read:
  898         501.922 Violation.—
  899         (1) The department may enter an order imposing one or more
  900  of the following penalties against any person who violates ss.
  901  501.91-501.923 or who impedes, obstructs, or hinders the
  902  department in performing its duties under those sections:
  903         (a) Imposition of an administrative fine in the Class II
  904  category pursuant to s. 570.971 for each of not more than $1,000
  905  per violation for a first-time offender. For a second-time or
  906  repeat offender, or any person who willfully and intentionally
  907  violates ss. 501.91-501.923, the administrative fine may not
  908  exceed $5,000 per violation.
  909         Section 22. Section 501.977, Florida Statues, is created to
  910  read:
  911         501.977 Actionable, unfair, or deceptive regulatory acts or
  912  practices.—It is an unfair or deceptive regulatory act or
  913  practice, actionable under the Florida Deceptive and Unfair
  914  Trade Practices Act, for a special district, whether dependent
  915  or independent, as defined in s. 189.403, to:
  916         (1) Restrict the right of the public to freely bargain for
  917  lawful livery transit services, excluding metered taxi services
  918  that accept street hails, by establishing a minimum or maximum
  919  fare, or by imposing a minimum wait time between the reservation
  920  and delivery of the livery transit service.
  921         (2) Create classifications within each type of livery
  922  service, and to fix or approve zones, rates, or fares for such
  923  classifications, which apply differently to individuals and
  924  businesses that compete or attempt to compete with each other to
  925  provide similar services.
  926         Section 23. Section 570.42, Florida Statutes, is
  927  transferred, renumbered as section 502.301, Florida Statutes,
  928  and amended to read:
  929         502.301 570.42 Dairy Industry Technical Council.—
  930         (1) COMPOSITION.—The Dairy Industry Technical Council is
  931  hereby created within in the department and shall be composed of
  932  seven members as follows:
  933         (a) Two citizens of the state, one of whom shall be
  934  associated with the Agricultural Extension Service of the
  935  University of Florida and the other with the College of
  936  Agricultural and Life Sciences Agriculture of the University of
  937  Florida.
  938         (b) An employee of the Department of Health.
  939         (c) Two dairy farmers who are actively engaged in the
  940  production of milk in this state and who earn a major portion of
  941  their income from the production of milk. The commissioner shall
  942  appoint the two members provided for in this paragraph from no
  943  fewer than four nor more than six nominees submitted by the
  944  recognized statewide organizations representing this group. In
  945  the absence of nominations, the commissioner shall appoint other
  946  persons qualified under the provisions of this paragraph.
  947         (d) Two distributors of milk. “Distributor” means any milk
  948  dealer who operates a milk gathering station or processing plant
  949  where milk is collected and bottled or otherwise processed and
  950  prepared for sale. The commissioner shall appoint the two
  951  members provided for in this paragraph from no fewer than four
  952  nor more than six nominees submitted by the recognized statewide
  953  organizations representing this group. In the absence of
  954  nominations, the commissioner shall appoint other persons
  955  qualified under the provisions of this paragraph.
  956         (e) All members shall serve 4-year terms or until their
  957  successors are duly qualified and appointed. If a vacancy
  958  occurs, it shall be filled for the remainder of the term in the
  959  manner of an initial appointment.
  960         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
  961  meetings, powers and duties, procedures, and recordkeeping of
  962  the Dairy Industry Technical Council shall be pursuant to s.
  963  570.232 governed by the provisions of s. 570.0705 relating to
  964  advisory committees established within the department.
  965         Section 24. Part I of chapter 570, Florida Statutes,
  966  consisting of ss. 570.01-570.232, Florida Statues, is created
  967  and entitled “General Provisions.”
  968         Section 25. Section 570.14, Florida Statutes, is renumbered
  969  as section 570.031, Florida Statutes, and amended to read:
  970         570.031 570.14 Seal of department.—The department shall
  971  have an official seal which shall be used for the authentication
  972  of the orders and proceedings of the department and for such
  973  other purposes as the department may prescribe. Use of the seal
  974  or any likeness thereof requires written approval of the
  975  department.
  976         Section 26. Section 570.18, Florida Statutes, is renumbered
  977  as section 570.041, Florida Statutes.
  978         Section 27. Section 570.16, Florida Statutes, is renumbered
  979  as section 570.051, Florida Statutes.
  980         Section 28. Subsection (33) of section 570.07, Florida
  981  Statutes, is amended to read:
  982         570.07 Department of Agriculture and Consumer Services;
  983  functions, powers, and duties.—The department shall have and
  984  exercise the following functions, powers, and duties:
  985         (33) To assist local volunteer and nonprofit organizations
  986  in soliciting, collecting, packaging, or delivering surplus
  987  fresh fruit and vegetables for distribution pursuant to s.
  988  595.420 in accordance with s. 570.0725. The department also may
  989  coordinate the development of food recovery programs in the
  990  production areas of the state using local volunteer and
  991  nonprofit organizations.
  992         Section 29. Section 570.17, Florida Statutes, is renumbered
  993  as section 570.081, Florida Statutes.
  994         Section 30. Section 570.531, Florida Statutes, is
  995  renumbered as section 570.209, Florida Statutes.
  996         Section 31. Paragraph (d) of subsection (1) and subsection
  997  (2) of section 570.23, Florida Statutes, are amended to read:
  998         570.23 State Agricultural Advisory Council.—
  999         (1) COMPOSITION.—The State Agricultural Advisory Council is
 1000  hereby created in the department.
 1001         (d) On or after January 15, 1988, Alternates shall be
 1002  appointed for each member and shall serve as alternates for the
 1003  remainder of the corresponding members’ terms. As terms of
 1004  current members expire, members and their alternates shall be
 1005  appointed for 4-year terms and shall serve until their
 1006  successors are duly qualified and appointed. A vacancy shall be
 1007  filled for the remainder of an unexpired term in the same manner
 1008  as an initial appointment.
 1009         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 1010  meetings, powers and duties, procedures, and recordkeeping of
 1011  the State Agricultural Advisory Council shall be pursuant to s.
 1012  570.232 governed by the provisions of s. 570.0705 relating to
 1013  advisory committees established within the department.
 1014         Section 32. Section 570.0705, Florida Statutes, is
 1015  renumbered as section 570.232, Florida Statutes.
 1016         Section 33. Part II of chapter 570, Florida Statutes,
 1017  consisting of ss. 570.30-570.693, Florida Statutes, is created
 1018  and entitled “Program Services.”
 1019         Section 34. Subsection (5) of section 570.36, Florida
 1020  Statutes, is amended to read:
 1021         570.36 Division of Animal Industry; powers and duties.—The
 1022  duties of the Division of Animal Industry include, but are not
 1023  limited to:
 1024         (5) Operating and managing the animal disease diagnostic
 1025  laboratory laboratories provided for in chapter 585.
 1026         Section 35. Subsections (3) and (4) of section 570.44,
 1027  Florida Statutes, are amended to read:
 1028         570.44 Division of Agricultural Environmental Services;
 1029  powers and duties.—The duties of the Division of Agricultural
 1030  Environmental Services include, but are not limited to:
 1031         (3) Supporting the Pesticide Review Council and Reviewing
 1032  and evaluating technical and scientific data associated with the
 1033  production, manufacture, storage, transportation, sale, or use
 1034  of any article or product with respect to any statutory
 1035  authority which is conferred on the department. The department
 1036  may is authorized to establish positions within the division for
 1037  the employment of experts in the fields of toxicology,
 1038  hydrology, and biology to conduct such reviews and evaluations
 1039  and may. The department is also authorized to establish
 1040  appropriate clerical support positions to implement the duties
 1041  and responsibilities of the division.
 1042         (4) Enforcing and implementing the responsibilities of
 1043  chapter 582, and the rules relating to soil and water
 1044  conservation.
 1045         Section 36. Subsection (2) of section 570.45, Florida
 1046  Statutes, is amended to read:
 1047         570.45 Director; duties.—
 1048         (2) The director shall supervise, direct, and coordinate
 1049  the activities of the division and enforce the provisions of
 1050  chapters 388, 482, 487, 501, 504, 531, 570, 576, 578, and 580,
 1051  and 582 and any other chapter necessary to carry out the
 1052  responsibilities of the division.
 1053         Section 37. Paragraph (d) of subsection (3) of section
 1054  570.451, Florida Statutes, is amended to read:
 1055         570.451 Agricultural Feed, Seed, and Fertilizer Advisory
 1056  Council.—
 1057         (3)
 1058         (d) The meetings, powers and duties, procedures, and
 1059  recordkeeping of the council shall be pursuant to s. 570.232 in
 1060  accordance with the provisions of s. 570.0705 relating to
 1061  advisory committees established within the department.
 1062         Section 38. Subsections (2) and (3) of section 570.50,
 1063  Florida Statutes, are amended to read:
 1064         570.50 Division of Food Safety; powers and duties.—The
 1065  duties of the Division of Food Safety include, but are not
 1066  limited to:
 1067         (2) Conducting those general inspection activities relating
 1068  to food and food products being processed, held, or offered for
 1069  sale in this state and enforcing those provisions of chapters
 1070  500, 501, 502, 531, 583, 585, 586, 597, and 601 relating to
 1071  foods as authorized by the department.
 1072         (3) Analyzing samples of foods offered for sale in this
 1073  state as required under chapters 500, 501, 502, 585, 586, 597,
 1074  and 601.
 1075         Section 39. Subsection (2) of section 570.51, Florida
 1076  Statutes, is amended to read:
 1077         570.51 Director; qualifications; duties.—
 1078         (2) The director shall supervise, direct, and coordinate
 1079  the activities of the division and enforce the provisions of
 1080  chapters 500, 501, 502, 531, 583, 585, 597, and 601 and any
 1081  other chapter necessary to carry out the responsibilities of the
 1082  division.
 1083         Section 40. Subsection (2) of section 570.543, Florida
 1084  Statutes, is amended to read:
 1085         570.543 Florida Consumers’ Council.—The Florida Consumers’
 1086  Council in the department is created to advise and assist the
 1087  department in carrying out its duties.
 1088         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 1089  meetings, powers and duties, procedures, and recordkeeping of
 1090  the Florida Consumers’ Council shall be pursuant to s. 570.232
 1091  governed by the provisions of s. 570.0705 relating to advisory
 1092  committees established within the department. The council
 1093  members or chair may call no more than two meetings.
 1094         Section 41. Section 570.073, Florida Statutes, is
 1095  renumbered as section 570.65, Florida Statutes.
 1096         Section 42. Section 570.074, Florida Statutes, is
 1097  renumbered as section 570.66, Florida Statutes, and amended to
 1098  read:
 1099         570.66 570.074 Department of Agriculture and Consumer
 1100  Services; Water Policy.—The commissioner may create an Office of
 1101  Agricultural Water Policy under the supervision of a senior
 1102  manager exempt under s. 110.205 in the Senior Management
 1103  Service. The commissioner may designate the bureaus and
 1104  positions in the various organizational divisions of the
 1105  department that report to the this office relating to any matter
 1106  over which the department has jurisdiction in matters relating
 1107  to water policy affecting agriculture, application of such
 1108  policies, and coordination of such matters with state and
 1109  federal agencies. The office shall enforce and implement chapter
 1110  582 and rules relating to soil and water conservation.
 1111         Section 43. Section 570.67, Florida Statutes, is created to
 1112  read:
 1113         570.67 Office of Energy.—The Office of Energy is created
 1114  within the department. The office shall be under the supervision
 1115  of a senior manager, appointed by the commissioner, exempt under
 1116  s. 110.205 in the Senior Management Service. The duties of the
 1117  office must include, but are not limited to, administering and
 1118  enforcing parts II and III of chapter 377, the rules adopted
 1119  under those parts, and any other duties authorized by the
 1120  commissioner.
 1121         Section 44. Section 570.951, Florida Statutes, is
 1122  renumbered as section 570.681, Florida Statutes.
 1123         Section 45. Section 570.952, Florida Statutes, is
 1124  renumbered as section 570.685, Florida Statutes, and amended to
 1125  read:
 1126         570.685 570.952 Florida Agriculture Center and Horse Park
 1127  Authority.—
 1128         (1) There is created within the Department of Agriculture
 1129  and Consumer Services the Florida Agriculture Center and Horse
 1130  Park Authority which shall be governed by this section and s.
 1131  570.691 s. 570.903.
 1132         (2) The authority shall be composed of 21 members appointed
 1133  by the commissioner.
 1134         (a) Initially, the commissioner shall appoint 11 members
 1135  for 4-year terms and 10 members for 2-year terms. Thereafter,
 1136  each member shall be appointed for a term of 4 years from the
 1137  date of appointment, except that a vacancy shall be filled by
 1138  appointment for the remainder of the term.
 1139         (b) A Any member of the authority who fails to attend three
 1140  consecutive authority meetings without good cause shall be
 1141  deemed to have resigned from the authority.
 1142         (c) Terms for members appointed prior to July 1, 2005,
 1143  shall expire on July 1, 2005.
 1144         (3) The Florida Agriculture Center and Horse Park Authority
 1145  shall have the power and duty to:
 1146         (a) Appoint, with approval from the commissioner, an
 1147  executive director for the Florida Agriculture Center and Horse
 1148  Park.
 1149         (b) Establish rules of procedure for conducting its
 1150  meetings and approving matters before the authority pursuant to
 1151  s. 570.691 that are consistent with s. 570.903.
 1152         (c) Develop, document, and implement strategies for the
 1153  planning, construction, and operation of the Florida Agriculture
 1154  Center and Horse Park.
 1155         (d) Advise and consult with the commissioner on matters
 1156  related to the Florida Agriculture Center and Horse Park.
 1157         (e) Consider all matters submitted to the authority by the
 1158  commissioner.
 1159         (4) The authority shall meet at least semiannually and
 1160  elect a chair chairperson, a vice chair chairperson, and a
 1161  secretary for 1-year terms.
 1162         (a) The authority shall meet at the call of its chair
 1163  chairperson, at the request of a majority of its membership, at
 1164  the request of the commissioner, or at such times as may be
 1165  prescribed by its rules of procedure.
 1166         (b) The department shall be responsible for providing
 1167  administrative and staff support services relating to the
 1168  meetings of the authority and shall provide suitable space in
 1169  the offices of the department for the meetings and the storage
 1170  of records of the authority.
 1171         (c) In conducting its meetings, the authority shall use
 1172  accepted rules of procedure. The secretary shall keep a complete
 1173  record of the proceedings of each meeting, which record shall
 1174  show the names of the members present and the actions taken.
 1175  These records shall be kept on file with the department, and
 1176  such records and other documents regarding matters within the
 1177  jurisdiction of the authority shall be subject to inspection by
 1178  members of the authority.
 1179         Section 46. Section 570.953, Florida Statutes, is
 1180  renumbered as section 570.686, Florida Statutes.
 1181         Section 47. Section 570.902, Florida Statutes, is
 1182  renumbered as section 570.69, Florida Statutes, and amended to
 1183  read:
 1184         570.69 570.902 Definitions; ss. 570.902 and 570.903.—For
 1185  the purpose of this section and s. 570.691 s. 570.903:
 1186         (1) “Designated program” means the departmental program
 1187  which a direct-support organization has been created to support.
 1188         (2) “Direct-support organization” or “organization” means
 1189  an organization which is a Florida corporation not for profit
 1190  incorporated under the provisions of chapter 617 and approved by
 1191  the department to operate for the benefit of a museum or a
 1192  designated program.
 1193         (3) “Museum” means the Florida Agricultural Museum which is
 1194  designated as the museum for agriculture and rural history of
 1195  the State of Florida.
 1196         Section 48. Section 570.903, Florida Statutes, is
 1197  renumbered as section 570.691, Florida Statutes.
 1198         Section 49. Section 570.901, Florida Statutes, is
 1199  renumbered as section 570.692, Florida Statutes.
 1200         Section 50. Section 570.91, Florida Statutes, is renumbered
 1201  as section 570.693, Florida Statutes.
 1202         Section 51. Part III of chapter 570, Florida Statutes,
 1203  consisting of ss. 570.70-570.89, Florida Statutes, is created
 1204  and entitled “Agricultural Development.”
 1205         Section 52. Subsections (2) and (12) of section 570.71,
 1206  Florida Statutes, are amended to read:
 1207         570.71 Conservation easements and agreements.—
 1208         (2) To achieve the purposes of this section act, beginning
 1209  no sooner than July 1, 2002, and every year thereafter, the
 1210  department may accept applications for project proposals to
 1211  that:
 1212         (a) Purchase conservation easements, as defined in s.
 1213  704.06.
 1214         (b) Purchase rural-lands-protection easements pursuant to
 1215  this section act.
 1216         (c) Fund resource conservation agreements pursuant to this
 1217  section act.
 1218         (d) Fund agricultural protection agreements pursuant to
 1219  this section act.
 1220         (12) The department may is authorized to use funds from the
 1221  following sources to implement this section act:
 1222         (a) State funds;
 1223         (b) Federal funds;
 1224         (c) Other governmental entities;
 1225         (d) Nongovernmental organizations; or
 1226         (e) Private individuals.
 1227  
 1228  Any such funds provided shall be deposited into the Conservation
 1229  and Recreation Lands Program Trust Fund within the Department of
 1230  Agriculture and Consumer Services and used for the purposes of
 1231  this section, including administrative and operating expenses
 1232  related to appraisals, mapping, title process, personnel, and
 1233  other real estate-related expenses act.
 1234         Section 53. Section 570.241, Florida Statutes, is
 1235  transferred and renumbered as section 570.73, Florida Statutes.
 1236         Section 54. Section 570.242, Florida Statutes, is
 1237  renumbered as section 570.74, and amended to read:
 1238         570.74 570.242 Definitions relating to Agricultural
 1239  Economic Development Act.—For purposes of this act, the term
 1240  following terms shall have the following meanings:
 1241         (1) “Agriculturally depressed area” means a rural area that
 1242  which has declining profitability from agricultural enterprises
 1243  and one or more of the following characteristics:
 1244         (a) A stable or declining population.
 1245         (b) A stable or declining real per capita income.
 1246         (c) A traditional economy based on agriculture or
 1247  extraction of solid minerals.
 1248         (d) A low ad valorem tax base.
 1249         (e) A need for agribusiness and leadership training.
 1250         (f) Crop losses or economic depression resulting from a
 1251  natural disaster or socioeconomic conditions or events that
 1252  which negatively impact a crop.
 1253         (2) “Assistance” means financial or nonfinancial assistance
 1254  issued pursuant to the provisions of this act.
 1255         (3) “Commissioner” means the Commissioner of Agriculture.
 1256         (4) “Department” means the Department of Agriculture and
 1257  Consumer Services.
 1258         (3)(5) “Financial assistance” means the providing of funds
 1259  to an agribusiness.
 1260         (4)(6) “Nonfinancial assistance” means the providing of
 1261  personnel to work with an agribusiness to establish an
 1262  infrastructure, including, but not limited to, the development
 1263  of an accounting system, management procedures, and a marketing
 1264  plan. Nonfinancial assistance includes shall also include the
 1265  providing of equipment.
 1266         Section 55. Section 570.243, Florida Statutes, is
 1267  renumbered as section 570.75, Florida Statutes.
 1268         Section 56. Section 570.244, Florida Statutes, is
 1269  renumbered as section 570.76, Florida Statutes.
 1270         Section 57. Section 570.245, Florida Statutes, is
 1271  renumbered as section 570.77, Florida Statutes.
 1272         Section 58. Section 570.246, Florida Statutes, is
 1273  renumbered as section 570.78, Florida Statutes.
 1274         Section 59. Section 570.247, Florida Statutes, is
 1275  renumbered as section 570.79, Florida Statutes, and amended to
 1276  read:
 1277         570.79 570.247Adoption Promulgation of rules.—In
 1278  conjunction with funds specifically appropriated for the
 1279  purposes specified in this act, The department shall adopt begin
 1280  to promulgate rules no later than January 1, 1992, pursuant to
 1281  s. 120.54, pertaining to:
 1282         (1) Formal notification procedures for the availability of
 1283  assistance, including publication in the Florida Administrative
 1284  Register pursuant to s. 120.55.
 1285         (2) Written evaluation criteria for selecting project
 1286  proposals to receive assistance. The criteria for eligibility of
 1287  assistance shall include a written business plan delineating the
 1288  economic viability of the proposed project, including the
 1289  financial commitment by project participants and a schedule for
 1290  repayment of agricultural economic development funds.
 1291         (3) Procedures for repayment of financial assistance by an
 1292  assisted agribusiness into the General Inspection Trust Fund
 1293  within the department. Repayment of financial assistance shall
 1294  be based upon a percentage of future profits until repayment is
 1295  complete.
 1296         (4) Funding procedures for projects eligible for
 1297  assistance. These procedures shall include the amount of
 1298  funding, the limits and requirements for the objects of
 1299  expenditure, and the duration of assistance.
 1300         (5) Other subject matter pertaining to the implementation
 1301  of this act.
 1302         Section 60. Section 570.248, Florida Statutes, is
 1303  renumbered as section 570.81, Florida Statutes.
 1304         Section 61. Section 570.249, Florida Statutes, is
 1305  renumbered as section 570.82, Florida Statutes.
 1306         Section 62. Section 570.9135, Florida Statutes, is
 1307  renumbered as section 570.83, Florida Statutes, and subsection
 1308  (6) of that section is amended, to read:
 1309         570.83 570.9135 Beef Market Development Act; definitions;
 1310  Florida Beef Council, Inc., creation, purposes, governing board,
 1311  powers, and duties; referendum on assessments imposed on gross
 1312  receipts from cattle sales; payments to organizations for
 1313  services; collecting and refunding assessments; vote on
 1314  continuing the act; council bylaws.—
 1315         (6) REFERENDUM ON ASSESSMENTS.—All producers in this state
 1316  shall have the opportunity to vote in a referendum to determine
 1317  whether the council shall be authorized to impose an assessment
 1318  of not more than $1 per head on cattle sold in the state. The
 1319  referendum shall pose the question: “Do you approve of an
 1320  assessment program, up to $1 per head of cattle pursuant to
 1321  section 570.83 section 570.9135, Florida Statutes, to be funded
 1322  through specific contributions that are mandatory and refundable
 1323  upon request?”
 1324         (a) A referendum held under this section must be conducted
 1325  by secret ballot at extension offices of the Institute of Food
 1326  and Agricultural Sciences of the University of Florida or at
 1327  offices of the United States Department of Agriculture with the
 1328  cooperation of the department.
 1329         (b) Notice of a referendum to be held under this act must
 1330  be given at least once in trade publications, the public press,
 1331  and statewide newspapers at least 30 days before the referendum
 1332  is held.
 1333         (c) Additional referenda may be held to authorize the
 1334  council to increase the assessment to more than $1 per head of
 1335  cattle. Such referendum shall pose the question: “Do you approve
 1336  of granting the Florida Beef Council, Inc., authority to
 1337  increase the per-head-of-cattle assessment pursuant to section
 1338  570.83 section 570.9135, Florida Statutes, from ...(present
 1339  rate)... to up to a maximum of ...(proposed rate)... per head?”
 1340  Referenda may not be held more often than once every 3 years.
 1341         (d) Each cattle producer is entitled to only one vote in a
 1342  referendum held under this section act. Proof of identification
 1343  and cattle ownership must be presented before voting.
 1344         (e) A simple majority of those casting ballots determines
 1345  shall determine any issue that requires a referendum under this
 1346  section act.
 1347         Section 63. Section 570.954, Florida Statutes, is
 1348  renumbered as section 570.841, Florida Statutes.
 1349         Section 64. Section 570.96, Florida Statutes, is renumbered
 1350  as section 570.85, Florida Statutes.
 1351         Section 65. Section 570.961, Florida Statutes, is
 1352  renumbered as section 570.86, Florida Statutes, and amended to
 1353  read:
 1354         570.86 570.961 Definitions.—As used in ss. 570.85-570.89
 1355  570.96-570.964, the term:
 1356         (1) “Agritourism activity” means any agricultural related
 1357  activity consistent with a bona fide farm or ranch or in a
 1358  working forest which allows members of the general public, for
 1359  recreational, entertainment, or educational purposes, to view or
 1360  enjoy activities, including farming, ranching, historical,
 1361  cultural, or harvest-your-own activities and attractions. An
 1362  agritourism activity does not include the construction of new or
 1363  additional structures or facilities intended primarily to house,
 1364  shelter, transport, or otherwise accommodate members of the
 1365  general public. An activity is an agritourism activity
 1366  regardless of whether or not the participant paid to participate
 1367  in the activity.
 1368         (2) “Agritourism operator” means a any person who is
 1369  engaged in the business of providing one or more agritourism
 1370  activities, whether for compensation or not for compensation.
 1371         (3) “Farm” means the land, buildings, support facilities,
 1372  machinery, and other appurtenances used in the production of
 1373  farm or aquaculture products, including land used to display
 1374  plants, animals, farm products, or farm equipment to the public.
 1375         (4) “Farm operation” has the same meaning as defined in s.
 1376  823.14.
 1377         (5) “Inherent risks of agritourism activity” means those
 1378  dangers or conditions that are an integral part of an
 1379  agritourism activity including certain hazards, such as surface
 1380  and subsurface conditions; natural conditions of land,
 1381  vegetation, and waters; the behavior of wild or domestic
 1382  animals; and the ordinary dangers of structures or equipment
 1383  ordinarily used in farming and ranching operations. The term
 1384  also includes the potential of a participant to act in a
 1385  negligent manner that may contribute to the injury of the
 1386  participant or others, including failing to follow the
 1387  instructions given by the agritourism operator or failing to
 1388  exercise reasonable caution while engaging in the agritourism
 1389  activity.
 1390         Section 66. Section 570.962, Florida Statutes, is
 1391  renumbered as section 570.87, Florida Statutes.
 1392         Section 67. Section 570.963, Florida Statutes, is
 1393  renumbered as section 570.88, Florida Statutes, and subsection
 1394  (1) of that section is amended, to read:
 1395         570.88 570.963 Liability.—
 1396         (1) Except as provided in subsection (2), an agritourism
 1397  operator, his or her employer or employee, or the owner of the
 1398  underlying land on which the agritourism occurs is not liable
 1399  for injury or death of, or damage or loss to, a participant
 1400  resulting from the inherent risks of agritourism activities if
 1401  the notice of risk required under s. 570.89 s. 570.964 is posted
 1402  as required. Except as provided in subsection (2), a
 1403  participant, or a participant’s representative, may not maintain
 1404  an action against or recover from an agritourism operator, his
 1405  or her employer or employee, or the owner of the underlying land
 1406  on which the agritourism occurs for the injury or death of, or
 1407  damage or loss to, an agritourism participant resulting
 1408  exclusively from any of the inherent risks of agritourism
 1409  activities.
 1410         Section 68. Section 570.964, Florida Statutes, is
 1411  renumbered as section 570.89, Florida Statutes, and subsection
 1412  (3) of that section is amended, to read:
 1413         570.89 570.964 Posting and notification.—
 1414         (3) Failure to comply with the requirements of this section
 1415  subsection prevents an agritourism operator, his or her employer
 1416  or employee, or the owner of the underlying land on which the
 1417  agritourism occurs from invoking the privileges of immunity
 1418  provided by this section.
 1419         Section 69. Part IV of chapter 570, Florida Statutes,
 1420  consisting of ss. 570.916-570.94, Florida Statutes, is created
 1421  and entitled “Agricultural Water Policy.”
 1422         Section 70. Section 570.075, Florida Statutes, is
 1423  renumbered as section 570.916, Florida Statutes.
 1424         Section 71. Section 570.076, Florida Statutes, is
 1425  renumbered as section 570.921, Florida Statutes, and paragraph
 1426  (c) of subsection (2) of that section is amended to read:
 1427         570.921 570.076 Environmental Stewardship Certification
 1428  Program.—The department may, by rule, establish the
 1429  Environmental Stewardship Certification Program consistent with
 1430  this section. A rule adopted under this section must be
 1431  developed in consultation with state universities, agricultural
 1432  organizations, and other interested parties.
 1433         (2) The department shall provide an agricultural
 1434  certification under this program for implementation of one or
 1435  more of the following criteria:
 1436         (c) Best management practices adopted by rule pursuant to
 1437  s. 403.067(7)(c) or s. 570.93(1)(b) s. 570.085(1)(b).
 1438         Section 72. Section 570.085, Florida Statutes, is
 1439  renumbered as section 570.93, Florida Statutes.
 1440         Section 73. Section 570.087, Florida Statutes, is
 1441  renumbered as section 570.94, Florida Statutes.
 1442         Section 74. Part V of chapter 570, Florida Statutes,
 1443  consisting of s. 570.971, Florida Statutes, is created and
 1444  entitled “Penalties.”
 1445         Section 75. Section 570.971, Florida Statutes, is created
 1446  to read:
 1447         570.971Penalties; administrative and civil.—
 1448         (1) The department or enforcing authority may impose the
 1449  following fine amount for the class category specified in the
 1450  chapter or section of law violated:
 1451         (a) Class I.—For each violation in the Class I category, a
 1452  fine not to exceed $1,000 may be imposed.
 1453         (b) Class II.—For each violation in the Class II category,
 1454  a fine not to exceed $5,000 may be imposed.
 1455         (c) Class III.—For each violation in the Class III
 1456  category, a fine not to exceed $10,000 may be imposed.
 1457         (d) Class IV.—For each violation in the Class IV category,
 1458  a fine of $10,000 or more may be imposed.
 1459         (2)(a) This section does not supersede a chapter or section
 1460  of law or rule that limits the total fine amount that may be
 1461  imposed for a violation.
 1462         (b) The class categories under this section also apply to
 1463  penalties provided by rule.
 1464         (c) The penalties under this section are in addition to any
 1465  other remedy provided by law.
 1466         (3) A person who violates this chapter or any rule adopted
 1467  under this chapter is subject to an administrative or civil fine
 1468  in the Class II category in addition to any other penalty
 1469  provided by law.
 1470         (4) The department may refuse to issue or renew any
 1471  license, permit, authorization, certificate, or registration to
 1472  a person who has not satisfied a penalty imposed by the
 1473  department.
 1474         (5) The department may adopt rules to implement this
 1475  section or any section that references this section.
 1476         Section 76. Subsection (1) and paragraph (a) of subsection
 1477  (2) of section 576.021, Florida Statutes, are amended to read:
 1478         576.021 Registration and licensing.—
 1479         (1) A company the person whose name and address of which
 1480  appears upon a label and which who guarantees a fertilizer may
 1481  not distribute that fertilizer to a nonlicensee until a license
 1482  to distribute has been obtained by the company that person from
 1483  the department upon payment of a $100 fee. All licenses shall
 1484  expire on June 30 each year. An application for license shall
 1485  include the following information:
 1486         (a) The name and address of the applicant.
 1487         (b) The name and address of the distribution point. The
 1488  name and address shown on the license shall be shown on all
 1489  labels, pertinent invoices, and storage facilities for
 1490  fertilizer distributed by the licensee in this state.
 1491         (2)(a) A company the name and address of which appear upon
 1492  a label and which guarantees a fertilizer person may not
 1493  distribute a specialty fertilizer in this state until it is
 1494  registered with the department by the licensee whose name
 1495  appears on the label. An application for registration of each
 1496  brand and grade of specialty fertilizer shall be filed with the
 1497  department by using made on a form prescribed furnished by the
 1498  department or by using the department’s website and shall be
 1499  accompanied by an annual fee of $100 for each specialty
 1500  fertilizer that is registered. All specialty fertilizer
 1501  registrations expire June 30 each year. All licensing and
 1502  registration fees paid to the department under this section
 1503  shall be deposited into the State Treasury to be placed in the
 1504  General Inspection Trust Fund to be used for the sole purpose of
 1505  funding the fertilizer inspection program.
 1506         Section 77. Subsection (2) of section 576.031, Florida
 1507  Statutes, is amended to read:
 1508         576.031 Labeling.—
 1509         (2) If distributed in bulk, two five labels containing the
 1510  information required in paragraphs (1)(a)-(f) shall accompany
 1511  delivery and be supplied to the purchaser at time of delivery
 1512  with the delivery ticket, which shall show the certified net
 1513  weight.
 1514         Section 78. Subsections (3), (4), (6), and (7) of section
 1515  576.041, Florida Statutes, are amended to read:
 1516         576.041 Inspection fees; records; bond.—
 1517         (3) In addition to any other penalty provided by this
 1518  chapter, a any licensee who fails to timely pay the inspection
 1519  tonnage fee shall be assessed a penalty of 1.5 percent for each
 1520  month or part of a month that the fee or portion of the fee is
 1521  not paid.
 1522         (4) If the report is not filed and the inspection fee is
 1523  not paid on the date due or if the report of tonnage is false,
 1524  the amount of the inspection fee due is subject to a penalty of
 1525  10 percent or $25, whichever is greater. The penalty shall be
 1526  added to the inspection fee due and constitutes a debt and
 1527  becomes a claim and lien against the surety bond or certificate
 1528  of deposit required by this chapter.
 1529         (6) In order to guarantee faithful performance of the
 1530  provisions of subsection (2), the applicant for license shall
 1531  post with the department a surety bond, or assign a certificate
 1532  of deposit, in an amount required by rule of the department to
 1533  cover fees for any reporting period. The amount shall not be
 1534  less than $1,000. The surety bond shall be executed by a
 1535  corporate surety company authorized to do business in this
 1536  state. The certificate of deposit shall be issued by any
 1537  recognized financial institution doing business in the United
 1538  States. The department shall establish, by rule, whether an
 1539  annual or continuous surety bond or certificate of deposit will
 1540  be required and shall approve each surety bond or certificate of
 1541  deposit before acceptance. The department shall examine and
 1542  approve as to sufficiency all such bonds and certificates of
 1543  deposit before acceptance. When the licensee ceases operation,
 1544  said bond or certificate of deposit shall be returned, provided
 1545  there are no outstanding fees due and payable.
 1546         (6)(7) In order to obtain information that will facilitate
 1547  the collection of inspection fees and serve other useful
 1548  purposes relating to fertilizer, the department may, by rule,
 1549  require licensees, manufacturers, registrants, and dealers to
 1550  report movements of fertilizer.
 1551         Section 79. Subsection (3) of section 576.051, Florida
 1552  Statutes, is amended to read:
 1553         576.051 Inspection, sampling, analysis.—
 1554         (3) The official analysis shall be made from the official
 1555  sample. The department, before making the official analysis,
 1556  shall take a sufficient portion from the official sample for
 1557  check analysis and place that portion in a bottle sealed and
 1558  identified by number, date, and the preparer’s initials. The
 1559  official check sample shall be kept until the analysis of the
 1560  official sample is completed. However, the licensee may obtain
 1561  upon request a portion of the official check sample. Upon
 1562  completion of the analysis of the official sample, a true copy
 1563  of the fertilizer analysis report shall be mailed to the
 1564  licensee of the fertilizer from whom the official sample was
 1565  taken and to the dealer or agent, if any, and purchaser, if
 1566  known. This fertilizer analysis report shall show all
 1567  determinations of plant nutrients nutrient and pesticides. If
 1568  the official analysis conforms with the provisions of this
 1569  section law, the official check sample may be destroyed. If the
 1570  official analysis does not conform with the provisions of this
 1571  section law, the official check sample shall be retained for 60
 1572  a period of 90 days after from the date of the fertilizer
 1573  analysis report of the official sample. If, within that time,
 1574  the licensee of the fertilizer from whom the official sample was
 1575  taken, upon receipt of the fertilizer analysis report, makes
 1576  written demand for analysis of the official check sample by a
 1577  referee chemist, a portion of the official check sample
 1578  sufficient for analysis shall be sent to a referee chemist who
 1579  is mutually acceptable to the department and the licensee for
 1580  analysis at the expense of the licensee. The referee chemist,
 1581  upon completion of the analysis, shall forward to the department
 1582  and to the licensee a fertilizer analysis report bearing a
 1583  proper identification mark or number,; and the fertilizer
 1584  analysis report shall be verified by an affidavit of the person
 1585  making the analysis. If the results reported on the fertilizer
 1586  analysis report agree within the matching criteria defined in
 1587  department rule with the department’s analysis on each element
 1588  for which analysis was made, the mean average of the two
 1589  analyses shall be accepted as final and binding on all
 1590  concerned. However, if the referee’s fertilizer analysis report
 1591  results do not agree within the matching criteria defined in
 1592  department rule with the department’s analysis in any one or
 1593  more elements for which an analysis was made, upon demand of
 1594  either the department or the licensee from whom the official
 1595  sample was taken, a portion of the official check sample
 1596  sufficient for analysis shall be submitted to a second referee
 1597  chemist who is mutually acceptable to the department and to the
 1598  licensee from whom the official sample was taken, at the expense
 1599  of the party or parties requesting the referee analysis. If no
 1600  demand is made for an analysis by a second referee chemist, the
 1601  department’s fertilizer analysis report shall be accepted as
 1602  final and binding on all concerned. The second referee chemist,
 1603  upon completion of the analysis, shall make a fertilizer
 1604  analysis report as provided in this subsection for the first
 1605  referee chemist. The mean average of the two analyses nearest in
 1606  conformity to each other shall be accepted as final and binding
 1607  on all concerned.
 1608         Section 80. Subsections (4) and (5) of section 576.061,
 1609  Florida Statutes, are amended to read:
 1610         576.061 Plant nutrient investigational allowances,
 1611  deficiencies, and penalties.—
 1612         (4) When it is determined by the department that a
 1613  fertilizer has been distributed without being licensed or
 1614  registered, or without labeling, the department shall require
 1615  the licensee to pay a penalty in the amount of $100. The
 1616  proceeds from any penalty payments shall be deposited by the
 1617  department in the General Inspection Trust Fund to be used for
 1618  the sole purpose of funding the fertilizer inspection program.
 1619         (4)(5) The department may enter an order imposing one or
 1620  more of the following penalties against a any person who
 1621  violates any of the provisions of this chapter or the rules
 1622  adopted under this chapter hereunder or who impedes, obstructs,
 1623  or hinders shall impede, obstruct, hinder, or otherwise prevent
 1624  or attempt to prevent the department in performing the
 1625  performance of its duties under duty in connection with the
 1626  provisions of this chapter:
 1627         (a) Issuance of a warning letter.
 1628         (b) Imposition of an administrative fine in the Class I
 1629  category pursuant to s. 570.971 for each of not more than $1,000
 1630  per occurrence after the issuance of a warning letter.
 1631         (c) Cancellation, revocation, or suspension of any license
 1632  issued by the department.
 1633         Section 81. Section 576.071, Florida Statutes, is amended
 1634  to read:
 1635         576.071 Commercial value.—The commercial value used in
 1636  assessing penalties for a any deficiency shall be determined by
 1637  surveying the fertilizer industry in the state and using
 1638  annualized plant nutrient values contained in one or more
 1639  generally recognized journals.
 1640         Section 82. Subsections (3) and (4) of section 576.087,
 1641  Florida Statutes, are amended to read:
 1642         576.087 Antisiphon requirements for irrigation systems.—
 1643         (3) The department shall establish specific requirements
 1644  for antisiphon devices.
 1645         (4) Any governmental agency which requires antisiphon
 1646  devices on irrigation systems used for the application of
 1647  fertilizer shall use the specific antisiphon device requirements
 1648  adopted by the department.
 1649         Section 83. Section 576.101, Florida Statutes, is amended
 1650  to read:
 1651         576.101 Cancellation, revocation, and suspension;
 1652  probationary status.—
 1653         (1) The department may deny, suspend, or revoke a any
 1654  license issued by the department for a any violation of the
 1655  provisions of this chapter, the rules adopted under this chapter
 1656  thereunder, or any lawful order of the department.
 1657         (2) The department may place any licensee on a probationary
 1658  status when the deficiency levels of samples taken from that
 1659  licensee do not meet minimum performance levels established by
 1660  statute within the investigational allowances provided in s.
 1661  576.061.
 1662         Section 84. Subsection (1) of section 578.08, Florida
 1663  Statutes, is amended to read:
 1664         578.08 Registrations.—
 1665         (1) Every person, except as provided in subsection (4) and
 1666  s. 578.14, before selling, distributing for sale, offering for
 1667  sale, exposing for sale, handling for sale, or soliciting orders
 1668  for the purchase of an any agricultural, vegetable, flower, or
 1669  forest tree seed, or mixture thereof, shall first register with
 1670  the department as a seed dealer. The application for
 1671  registration shall include the name and location of each place
 1672  of business at which the seed is sold, distributed for sale,
 1673  offered for sale, exposed for sale, or handled for sale. The
 1674  application for registration shall be filed with the department
 1675  by using a form prescribed by the department or by using the
 1676  department’s website and shall be accompanied by an annual
 1677  registration fee for each such place of business based on the
 1678  gross receipts from the sale of such seed for the last preceding
 1679  license year as follows:
 1680         (a)1.Receipts of less than $500, a fee of...........$10.
 1681         2. Receipts of $500 or more but less than $1,000, a fee
 1682  of..........................................................$25.
 1683         3.1. Receipts of $1,000 or more but less than $2,500
 1684  $2,500.01, a fee of........................................$100.
 1685         4.2. Receipts of more than $2,500 or more but and less than
 1686  $5,000 $5,000.01, a fee of.................................$200.
 1687         5.3. Receipts of more than $5,000 or more but and less than
 1688  $10,000 $10,000.01, a fee of...............................$350.
 1689         6.4. Receipts of more than $10,000 or more but and less
 1690  than $20,000 $20,000.01, a fee of..........................$800.
 1691         7.5. Receipts of more than $20,000 or more but and less
 1692  than $40,000 $40,000.01, a fee of........................$1,000.
 1693         8.6. Receipts of more than $40,000 or more but and less
 1694  than $70,000 $70,000.01, a fee of........................$1,200.
 1695         9.7. Receipts of more than $70,000 or more but and less
 1696  than $150,000 $150,000.01, a fee of......................$1,600.
 1697         10.8. Receipts of more than $150,000 or more but and less
 1698  than $400,000 $400,000.01, a fee of......................$2,400.
 1699         11.9. Receipts of more than $400,000 or more, a fee
 1700  of.......................................................$4,600.
 1701         (b) For places of business not previously in operation, the
 1702  fee shall be based on anticipated receipts for the first license
 1703  year.
 1704         Section 85. Paragraph (g) of subsection (2) of section
 1705  580.036, Florida Statutes, is amended to read:
 1706         580.036 Powers and duties.—
 1707         (2) The department is authorized to adopt rules pursuant to
 1708  ss. 120.536(1) and 120.54 to enforce the provisions of this
 1709  chapter. These rules shall be consistent with the rules and
 1710  standards of the United States Food and Drug Administration and
 1711  the United States Department of Agriculture, when applicable,
 1712  and shall include:
 1713         (g) Establishing standards for the sale, use, and
 1714  distribution of commercial feed or feedstuff to ensure usage
 1715  that is consistent with animal safety and well-being and, to the
 1716  extent that meat, poultry, and other animal products for human
 1717  consumption may be affected by commercial feed or feedstuff, to
 1718  ensure that these products are safe for human consumption. Such
 1719  standards, if adopted, must be developed in consultation with
 1720  the Agricultural Feed, Seed, and Fertilizer Advisory Council
 1721  created under s. 570.451.
 1722         Section 86. Paragraphs (a), (b), and (d) of subsection (1)
 1723  of section 580.041, Florida Statutes, are amended to read:
 1724         580.041 Master registration; fee; refusal or cancellation
 1725  of registration; reporting.—
 1726         (1)(a) Each distributor of commercial feed must annually
 1727  obtain a master registration before her or his brands are
 1728  distributed in this state. Upon initial registration, The
 1729  department shall furnish the registration forms requiring the
 1730  distributor shall agree to state that the distributor will
 1731  comply with all provisions of this chapter and applicable rules.
 1732  The registration form shall identify the manufacturer’s or
 1733  guarantor’s name and place of business and the location of each
 1734  manufacturing facility in the state and shall be signed by the
 1735  owner; by a partner, if a partnership; or by an authorized
 1736  officer or agent, if a corporation. All registrations expire on
 1737  June 30 of each year.
 1738         (b) The application for registration form shall be filed
 1739  with the department by using a form prescribed by the department
 1740  or by using the department’s website and shall be accompanied by
 1741  a fee that shall be based on tons of feed distributed in this
 1742  state during the previous year. If a distributor has been in
 1743  business less than 1 year, the tonnage shall be estimated by the
 1744  distributor for the first year and based on actual tonnage
 1745  thereafter. These fees shall be as follows:
 1746  
 1747         SALES IN TONS                                         FEE
 1748  
 1749         Zero, up to and including 25..........................$40
 1750         More than 25, up to and including 50..................$75
 1751         More than 50, up to and including 100................$150
 1752         More than 100, up to and including 300...............$375
 1753         More than 300, up to and including 600...............$600
 1754         More than 600, up to and including 1,000.............$900
 1755         More than 1,000, up to and including
 1756  2,000.....................................................$1,250
 1757         More than 2,000, up to and including
 1758  5,000.....................................................$2,000
 1759         More than 5,000....................................$3,500
 1760         (d) The department shall provide mail a copy of the master
 1761  registration to the registrant to signify that administrative
 1762  requirements have been met.
 1763         Section 87. Subsection (1) of section 580.071, Florida
 1764  Statutes, is amended to read:
 1765         580.071 Adulteration.—No person shall distribute an
 1766  adulterated commercial feed or feedstuff. A commercial feed or
 1767  feedstuff shall be deemed to be adulterated:
 1768         (1)(a) If it bears or contains any poisonous, deleterious,
 1769  or nonnutritive substance that may render it injurious to animal
 1770  or human health. However, if the substance is not an additive,
 1771  the feed shall not be considered adulterated if the quantity of
 1772  the substance does not ordinarily render it injurious to animal
 1773  or human health;
 1774         (b) If it bears or contains any food additive or added
 1775  poisonous, deleterious, or nonnutritive substance that is unsafe
 1776  within the meaning of s. 406 of the Federal Food, Drug, and
 1777  Cosmetic Act, other than a pesticide chemical in or on a raw
 1778  agricultural commodity;
 1779         (c) If it is, or it bears or contains, any food additive or
 1780  color additive that is unsafe within the meaning of s. 409 or s.
 1781  512 of the Federal Food, Drug, and Cosmetic Act, respectively;
 1782         (d) If it is a raw agricultural commodity and it bears or
 1783  contains a pesticide chemical that is unsafe within the meaning
 1784  of s. 408(a) of the Federal Food, Drug, and Cosmetic Act;
 1785  however, if where a pesticide chemical has been used in or on a
 1786  raw agricultural commodity in conformity with an exemption
 1787  granted or a tolerance prescribed under s. 408 of the Federal
 1788  Food, Drug, and Cosmetic Act and that raw agricultural commodity
 1789  has been subjected to processing such as canning, cooking,
 1790  freezing, dehydrating, or milling, the processed feed will
 1791  result, or is likely to result, in pesticide residue in the
 1792  edible product of the animal which is unsafe within the meaning
 1793  of s. 408(a) of the Federal Food, Drug, and Cosmetic Act; or
 1794         (e) If it is, or it bears or contains, a any new animal
 1795  drug that is unsafe within the meaning of s. 512 of the Federal
 1796  Food, Drug, and Cosmetic Act;.
 1797         (f) If it consists, in whole or in part, of a filthy,
 1798  putrid, or decomposed substance, or if it is otherwise unfit for
 1799  feed;
 1800         (g) If it is prepared, packaged, or held under unsanitary
 1801  conditions whereby it may have become contaminated with filth,
 1802  or may have been rendered injurious to health; or
 1803         (h) If it is, in whole or in part, the product of a
 1804  diseased animal or of an animal that died by a means other than
 1805  slaughter which is unsafe within the meaning of s. 402(a)(1) or
 1806  (2) of the Federal Food, Drug, and Cosmetic Act.
 1807         Section 88. Subsection (5) of section 581.091, Florida
 1808  Statutes, is amended to read:
 1809         581.091 Noxious weeds and infected plants or regulated
 1810  articles; sale or distribution; receipt; information to
 1811  department; withholding information.—
 1812         (5)(a) Notwithstanding any other provision of state law or
 1813  rule, a person may obtain a special permit from the department
 1814  to plant Casuarina cunninghamiana as a windbreak for a
 1815  commercial citrus grove if provided the plants are produced in
 1816  an authorized registered nursery and certified by the department
 1817  as being vegetatively propagated from male plants. A “commercial
 1818  citrus grove” means a contiguous planting of 100 or more citrus
 1819  trees where citrus fruit is produced for sale.
 1820         (b) For a 5-year period, special permits authorizing a
 1821  person to plant Casuarina cunninghamiana shall be issued only as
 1822  part of a pilot program for fresh fruit groves in areas of
 1823  Indian River, St. Lucie, and Martin Counties where citrus canker
 1824  is determined by the department to be widespread. The pilot
 1825  program shall be reevaluated annually, and a comprehensive
 1826  review shall be conducted in 2013. The purpose of the annual and
 1827  5-year reviews is to determine if the use of Casuarina
 1828  cunninghamiana as an agricultural pest and disease windbreak
 1829  poses any adverse environmental consequences. At the end of the
 1830  5-year pilot program, if the Noxious Weed and Invasive Plant
 1831  Review Committee, created by the department, and the Department
 1832  of Environmental Protection, in consultation with a
 1833  representative of the citrus industry who has a Casuarina
 1834  cunninghamiana windbreak, determine that the potential is low
 1835  for adverse environmental impacts from planting Casuarina
 1836  cunninghamiana as windbreaks, the department may, by rule, allow
 1837  the use of Casuarina cunninghamiana windbreaks for commercial
 1838  citrus groves in other areas of the state. If it is determined
 1839  at the end of the 5-year pilot program that additional time is
 1840  needed to further evaluate Casuarina cunninghamiana, the
 1841  department will remain the lead agency.
 1842         (b)(c) Each application for a special permit must shall be
 1843  accompanied by a fee in an amount determined by the department,
 1844  by rule, not to exceed $500. A special permit is shall be
 1845  required for each noncontiguous commercial citrus grove and
 1846  shall be renewed every 5 years. The property owner shall
 1847  maintain and produce is responsible for maintaining and
 1848  producing for inspection the original nursery invoice with
 1849  certification documentation. If ownership of the property is
 1850  transferred, the seller shall must notify the department and
 1851  provide the buyer with a copy of the special permit and copies
 1852  of all invoices and certification documentation before prior to
 1853  the closing of the sale.
 1854         (c)(d) Each application must shall include a baseline
 1855  survey of all lands within 500 feet of the proposed Casuarina
 1856  cunninghamiana windbreak showing the location and identifying
 1857  the identification to species of all existing Casuarina spp.
 1858         (d)(e) Nurseries authorized to produce Casuarina
 1859  cunninghamiana shall must obtain a special permit from the
 1860  department certifying that the plants have been vegetatively
 1861  propagated from sexually mature male source trees currently
 1862  grown in the state. The importation of Casuarina cunninghamiana
 1863  from any area outside the state for use to be used as a
 1864  propagation source tree is prohibited. Each male source tree
 1865  must be registered by the department as being a horticulturally
 1866  true-to-type male plant and be labeled with a source tree
 1867  registration number. Each nursery application for a special
 1868  permit must shall be accompanied by a fee in an amount
 1869  determined by the department, by rule, not to exceed $200.
 1870  Special permits shall be renewed annually. The department shall,
 1871  by rule, set the amount of an annual fee, not to exceed $50, for
 1872  each Casuarina cunninghamiana registered as a source tree.
 1873  Nurseries may only sell Casuarina cunninghamiana to a person
 1874  with a special permit as specified in paragraphs (a) and (b).
 1875  The source tree registration numbers of the parent plants must
 1876  be documented on each invoice or other certification
 1877  documentation provided to the buyer.
 1878         (e)(f) All Casuarina cunninghamiana shall must be destroyed
 1879  by the property owner within 6 months after:
 1880         1. The property owner takes permanent action to no longer
 1881  use the site for commercial citrus production;
 1882         2. The site has not been used for commercial citrus
 1883  production for a period of 5 years; or
 1884         3. The department determines that the Casuarina
 1885  cunninghamiana on the site has become invasive. This
 1886  determination shall be based on, but not limited to, the
 1887  recommendation of the Noxious Weed and Invasive Plant Review
 1888  Committee and the Department of Environmental Protection and
 1889  made in consultation with a representative of the citrus
 1890  industry who has a Casuarina cunninghamiana windbreak.
 1891  
 1892  If the owner or person in charge refuses or neglects to comply,
 1893  the director or her or his authorized representative may, under
 1894  authority of the department, proceed to destroy the plants. The
 1895  expense of the destruction shall be assessed, collected, and
 1896  enforced against the owner by the department. If the owner does
 1897  not pay the assessed cost, the department may record a lien
 1898  against the property.
 1899         (f)(g) The use of Casuarina cunninghamiana for windbreaks
 1900  does shall not preclude the department from issuing permits for
 1901  the research or release of biological control agents to control
 1902  Casuarina spp. as provided in in accordance with s. 581.083.
 1903         (g)(h) The use of Casuarina cunninghamiana for windbreaks
 1904  may shall not restrict or interfere with any other agency or
 1905  local government effort to manage or control noxious weeds or
 1906  invasive plants, including Casuarina cunninghamiana. An, nor
 1907  shall any other agency or local government may not remove any
 1908  Casuarina cunninghamiana planted as a windbreak under special
 1909  permit issued by the department.
 1910         (i) The department shall develop and implement a monitoring
 1911  protocol to determine invasiveness of Casuarina cunninghamiana.
 1912  The monitoring protocol shall, at a minimum, require:
 1913         1. Inspection of the planting site by department inspectors
 1914  within 30 days following initial planting or any subsequent
 1915  planting of Casuarina cunninghamiana to ensure the criteria of
 1916  the special permit have been met.
 1917         2. Annual site inspections of planting sites and all lands
 1918  within 500 feet of the planted windbreak by department
 1919  inspectors who have been trained to identify Casuarina spp. and
 1920  to make determinations of whether Casuarina cunninghamiana has
 1921  spread beyond the permitted windbreak location.
 1922         3. Any new seedlings found within 500 feet of the planted
 1923  windbreak to be removed, identified to the species level, and
 1924  evaluated to determine if hybridization has occurred.
 1925         4. The department to submit an annual report and a final 5
 1926  year evaluation identifying any adverse effects resulting from
 1927  the planting of Casuarina cunninghamiana for windbreaks and
 1928  documenting all inspections and the results of those inspections
 1929  to the Noxious Weed and Invasive Plant Review Committee, the
 1930  Department of Environmental Protection, and a designated
 1931  representative of the citrus industry who has a Casuarina
 1932  cunninghamiana windbreak.
 1933         (j) If the department determines that female flowers or
 1934  cones have been produced on any Casuarina cunninghamiana that
 1935  have been planted under a special permit issued by the
 1936  department, the property owner shall be responsible for
 1937  destroying the trees. The department shall notify the property
 1938  owner of the timeframe and method of destruction.
 1939         (k) If at any time the department determines that
 1940  hybridization has occurred during the pilot program between
 1941  Casuarina cunninghamiana planted as a windbreak and other
 1942  Casuarina spp., the department shall expeditiously initiate
 1943  research to determine the invasiveness of the hybrid. The
 1944  information obtained from this research shall be evaluated by
 1945  the Noxious Weed and Invasive Plant Review Committee, the
 1946  Department of Environmental Protection, and a designated
 1947  representative of the citrus industry who has a Casuarina
 1948  cunninghamiana windbreak. If the department determines that the
 1949  hybrids have a high potential to become invasive, based on, but
 1950  not limited to, the recommendation of the Noxious Weed and
 1951  Invasive Plant Review Committee, the Department of Environmental
 1952  Protection, and a designated representative of the citrus
 1953  industry who has a Casuarina cunninghamiana windbreak, this
 1954  pilot program shall be permanently suspended.
 1955         (l) Each application for a special permit must be
 1956  accompanied by a fee as described in paragraph (c) and an
 1957  agreement that the property owner will abide by all permit
 1958  conditions including the removal of Casuarina cunninghamiana if
 1959  invasive populations or other adverse environmental factors are
 1960  determined to be present by the department as a result of the
 1961  use of Casuarina cunninghamiana as windbreaks. The application
 1962  must include, on a form provided by the department, the name of
 1963  the applicant and the applicant’s address or the address of the
 1964  applicant’s principal place of business; a statement of the
 1965  estimated cost of removing and destroying the Casuarina
 1966  cunninghamiana that is the subject of the special permit; and
 1967  the basis for calculating or determining that estimate. If the
 1968  applicant is a corporation, partnership, or other business
 1969  entity, the applicant must also provide in the application the
 1970  name and address of each officer, partner, or managing agent.
 1971  The applicant shall notify the department within 30 business
 1972  days of any change of address or change in the principal place
 1973  of business. The department shall mail all notices to the
 1974  applicant’s last known address.
 1975         1. Upon obtaining a permit, the permitholder must annually
 1976  maintain the Casuarina cunninghamiana authorized by a special
 1977  permit as required in the permit. If the permitholder ceases to
 1978  maintain the Casuarina cunninghamiana as required by the special
 1979  permit, if the permit expires, or if the permitholder ceases to
 1980  abide by the conditions of the special permit, the permitholder
 1981  must shall remove and destroy the Casuarina cunninghamiana in a
 1982  timely manner as specified in the permit.
 1983         2. If the department:
 1984         a. Determines that the permitholder is no longer
 1985  maintaining the Casuarina cunninghamiana subject to the special
 1986  permit and has not removed and destroyed the Casuarina
 1987  cunninghamiana authorized by the special permit;
 1988         b. Determines that the continued use of Casuarina
 1989  cunninghamiana as windbreaks presents an imminent danger to
 1990  public health, safety, or welfare; or
 1991         c. Determines that the permitholder has exceeded the
 1992  conditions of the authorized special permit,;
 1993  
 1994  the department may issue an immediate final order, which is
 1995  shall be immediately appealable or enjoinable pursuant to as
 1996  provided by chapter 120, directing the permitholder to
 1997  immediately remove and destroy the Casuarina cunninghamiana
 1998  authorized to be planted under the special permit. A copy of the
 1999  immediate final order shall be provided mailed to the
 2000  permitholder.
 2001         3. If, upon issuance by the department of an immediate
 2002  final order to the permitholder, the permitholder fails to
 2003  remove and destroy the Casuarina cunninghamiana subject to the
 2004  special permit within 60 days after issuance of the order, or
 2005  such shorter period as is designated in the order as public
 2006  health, safety, or welfare requires, the department may remove
 2007  and destroy the Casuarina cunninghamiana that are the subject of
 2008  the special permit. If the permitholder makes a written request
 2009  to the department for an extension of time to remove and destroy
 2010  the Casuarina cunninghamiana that demonstrates specific facts
 2011  showing why the Casuarina cunninghamiana could not reasonably be
 2012  removed and destroyed in the applicable timeframe, the
 2013  department may extend the time for removing and destroying
 2014  Casuarina cunninghamiana subject to a special permit. The
 2015  reasonable costs and expenses incurred by the department for
 2016  removing and destroying Casuarina cunninghamiana subject to a
 2017  special permit shall be paid out of the Citrus Inspection Trust
 2018  Fund and shall be reimbursed by the party to which the immediate
 2019  final order is issued. If the party to which the immediate final
 2020  order has been issued fails to reimburse the state within 60
 2021  days, the department may record a lien on the property. The lien
 2022  shall be enforced by the department.
 2023         4. In order to carry out the purposes of this paragraph,
 2024  the department or its agents may require a permitholder to
 2025  provide verified statements of the planted acreage subject to
 2026  the special permit and may review the permitholder’s business or
 2027  planting records at her or his place of business during normal
 2028  business hours in order to determine the acreage planted. The
 2029  failure of a permitholder to furnish such statement or to make
 2030  such records available is cause for suspension of the special
 2031  permit. If the department finds such failure to be willful, the
 2032  special permit may be revoked.
 2033         Section 89. Subsection (8) of section 581.131, Florida
 2034  Statutes, is amended to read:
 2035         581.131 Certificate of registration.—
 2036         (8) The department shall provide to each person subject to
 2037  this section written notice and renewal forms 30 60 days before
 2038  prior to the annual renewal date informing the person of the
 2039  certificate of registration renewal date and the applicable fee.
 2040         Section 90. Subsection (4) of section 583.01, Florida
 2041  Statutes, is amended to read:
 2042         583.01 Definitions.—For the purpose of this chapter, unless
 2043  elsewhere indicated, the term:
 2044         (4) “Dealer” means a any person, firm, or corporation,
 2045  including a producer, processor, retailer, or wholesaler, that
 2046  sells, offers for sale, or holds for the purpose of sale in this
 2047  state 30 dozen or more eggs or its equivalent in any one week,
 2048  or more than 384 in excess of 100 pounds of dressed birds
 2049  poultry in any one week.
 2050         Section 91. Section 570.38, Florida Statutes, is
 2051  transferred, renumbered as section 585.008, Florida Statutes,
 2052  and amended to read:
 2053         585.008 570.38 Animal Industry Technical Council.—
 2054         (1) COMPOSITION.—The Animal Industry Technical Council is
 2055  hereby created in the department and shall be composed of 14
 2056  members as follows:
 2057         (a) The beef cattle, swine, dairy, horse, independent
 2058  agricultural market markets, meat processing and packing
 2059  establishment establishments, veterinary medicine, and poultry
 2060  representatives who serve on the State Agricultural Advisory
 2061  Council and three additional representatives from the beef
 2062  cattle industry, as well as three at-large members representing
 2063  other animal industries in the state, who shall be appointed by
 2064  the commissioner for 4-year terms or until their successors are
 2065  duly qualified and appointed.
 2066         (b) Each additional beef cattle representative shall be
 2067  appointed subject to the qualifications and by the procedure as
 2068  prescribed in s. 570.23 for membership to the council by the
 2069  beef cattle representative. If a vacancy occurs in these three
 2070  positions, it shall be filled for the remainder of the term in
 2071  the same manner as an initial appointment.
 2072         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 2073  meetings, powers and duties, procedures, and recordkeeping of
 2074  the Animal Industry Technical Council shall be pursuant to s.
 2075  570.232 governed by the provisions of s. 570.0705 relating to
 2076  advisory committees established within the department.
 2077         Section 92. Subsection (3) is added to section 589.08,
 2078  Florida Statutes, to read:
 2079         589.08 Land acquisition restrictions.—
 2080         (3) The Florida Forest Service shall pay 15 percent of the
 2081  gross receipts from the Goethe State Forest to each fiscally
 2082  constrained county as described in s. 218.67(1) in which a
 2083  portion of the Goethe State Forest is located in proportion to
 2084  the forest acreage located in such county. The funds must be
 2085  equally divided between the board of county commissioners and
 2086  the school board of each fiscally constrained county.
 2087         Section 93. Subsections (1) and (3) of section 589.011,
 2088  Florida Statutes, are amended to read:
 2089         589.011 Use of state forest lands; fees; rules.—
 2090         (1)(a)If authorized by a land management plan approved
 2091  pursuant to chapter 253 or by an interim assignment letter that
 2092  identifies the interim management activities issued by the
 2093  Department of Environmental Protection pursuant to chapter 259,
 2094  the Florida Forest Service of the Department of Agriculture and
 2095  Consumer Services may grant privileges, permits, leases, and
 2096  concessions for the use of state forest lands or any land leased
 2097  by or otherwise assigned to the Florida Forest Service for
 2098  management purposes, timber, and forest products pursuant to for
 2099  purposes not inconsistent with the provisions of this chapter.
 2100         (b) Lessees of such lands that are open to the public for
 2101  recreational purposes, where such lease or agreement recognizes
 2102  that the state is responsible for personal injury, loss, or
 2103  damage resulting in whole or in part from the public’s use of
 2104  the area under the terms of the lease or agreement, subject to
 2105  the limitations and conditions specified in s. 768.28, owe no
 2106  duty of care to keep the area safe for entry or use by others or
 2107  to give warning to a person entering or going into the area of
 2108  any hazardous conditions, structures, or activities thereon.
 2109         (c) Lessees who lease property from the Florida Forest
 2110  Service that is open to the public for recreational purposes:
 2111         1. Are not presumed to extend any assurance that the leased
 2112  area is safe for any purpose.
 2113         2. Do not incur any duty of care toward a person who goes
 2114  into the area that is subject to the lease or agreement.
 2115         3. Are not liable or responsible for any injury to persons
 2116  or property caused by the act or omission of a person who goes
 2117  into the area that is subject to the lease or agreement.
 2118         (d) This subsection:
 2119         1. Applies to all persons going into the leased area,
 2120  including invitees, licensees, and trespassers.
 2121         2. Does not relieve a person of liability that would
 2122  otherwise exist for deliberate, willful, or malicious injury to
 2123  persons or property.
 2124         3. Does not create or increase liability of a person.
 2125         (3) The Florida Forest Service may shall have the power to
 2126  set and collect charge reasonable fees, rentals, or charges or
 2127  rent for the use or operation of facilities and concessions on
 2128  state forests or any lands leased by or otherwise assigned to
 2129  the Florida Forest Service for management purposes based on
 2130  factors such as the cost and extent of recreational facilities
 2131  and services, geographical location, seasonal public demand,
 2132  fees charged by other governmental and private entities for
 2133  comparable services and activities, and market value and demand
 2134  for forest products. Moneys collected from such fees, rentals,
 2135  and charges rent shall be deposited into the Incidental Trust
 2136  Fund of the Florida Forest Service.
 2137         Section 94. Section 589.20, Florida Statutes, is amended to
 2138  read:
 2139         589.20 Cooperation by Florida Forest Service.—The Florida
 2140  Forest Service may cooperate with other state agencies, water
 2141  management districts, municipalities, or other governmental
 2142  entities who are custodians of lands which are suitable for
 2143  forestry purposes, in the designation and dedication of such
 2144  lands that are suitable for forestry purposes when in the
 2145  opinion of the state agencies concerned such lands are suitable
 2146  for these purposes and can be so administered. Lands designated
 2147  and dedicated by a state agency, water management district,
 2148  municipality, or other government entity Upon the designation
 2149  and dedication of said lands for forestry these purposes by the
 2150  agencies concerned, said lands shall be administered by the
 2151  Florida Forest Service.
 2152         Section 95. Subsection (7) of section 590.02, Florida
 2153  Statutes, is amended to read:
 2154         590.02 Florida Forest Service; powers, authority, and
 2155  duties; liability; building structures; Withlacoochee Training
 2156  Florida Center for Wildfire and Forest Resources Management
 2157  Training.—
 2158         (7) The Florida Forest Service may organize, staff, equip,
 2159  and operate the Withlacoochee Florida Forest Training Center.
 2160  The center shall serve as a site where fire and forest resource
 2161  managers can obtain current knowledge, techniques, skills, and
 2162  theory as they relate to their respective disciplines.
 2163         (a) The center may establish cooperative efforts involving
 2164  federal, state, and local entities; hire appropriate personnel;
 2165  and engage others by contract or agreement with or without
 2166  compensation to assist in carrying out the training and
 2167  operations of the center.
 2168         (b) The center shall provide wildfire suppression training
 2169  opportunities for rural fire departments, volunteer fire
 2170  departments, and other local fire response units.
 2171         (c) The center shall will focus on curriculum related to,
 2172  but not limited to, fuel reduction, an incident management
 2173  system, prescribed burning certification, multiple-use land
 2174  management, water quality, forest health, environmental
 2175  education, and wildfire suppression training for structural
 2176  firefighters.
 2177         (d) The center may assess appropriate fees for food,
 2178  lodging, travel, course materials, and supplies in order to meet
 2179  its operational costs and may grant free meals, room, and
 2180  scholarships to persons and other entities in exchange for
 2181  instructional assistance.
 2182         Section 96. Subsection (2) of section 590.125, Florida
 2183  Statutes, is amended to read:
 2184         590.125 Open burning authorized by the Florida Forest
 2185  Service.—
 2186         (2) NONCERTIFIED BURNING.—
 2187         (a) Persons may be authorized to broadcast burn or pile
 2188  burn pursuant to in accordance with this subsection if:
 2189         1. There is specific consent of the landowner or his or her
 2190  designee;
 2191         2. Authorization has been obtained from the Florida Forest
 2192  Service or its designated agent before starting the burn;
 2193         3. There are adequate firebreaks at the burn site and
 2194  sufficient personnel and firefighting equipment for the
 2195  containment of the fire;
 2196         4. The fire remains within the boundary of the authorized
 2197  area;
 2198         5. The person named responsible in the burn authorization
 2199  or a designee is present at the burn site until the fire is
 2200  completed;
 2201         6. The Florida Forest Service does not cancel the
 2202  authorization; and
 2203         7. The Florida Forest Service determines that air quality
 2204  and fire danger are favorable for safe burning.
 2205         (b) A new authorization is not required for smoldering that
 2206  occurs within the authorized burn area unless new ignitions are
 2207  conducted by the person named responsible in the burn
 2208  authorization or a designee.
 2209         (c) Monitoring the smoldering activity of a burn does not
 2210  require an additional authorization even if flames begin to
 2211  spread within the authorized burn site due to ongoing smoldering
 2212  activity.
 2213         (d)(b) A person who broadcast burns or pile burns in a
 2214  manner that violates any requirement of this subsection commits
 2215  a misdemeanor of the second degree, punishable as provided in s.
 2216  775.082 or s. 775.083.
 2217         Section 97. Section 570.0725, Florida Statutes, is
 2218  transferred and renumbered as section 595.420, Florida Statutes.
 2219         Section 98. Paragraph (k) of subsection (1) of section
 2220  597.003, Florida Statutes, is amended to read:
 2221         597.003 Powers and duties of Department of Agriculture and
 2222  Consumer Services.—
 2223         (1) The department is hereby designated as the lead agency
 2224  in encouraging the development of aquaculture in the state and
 2225  shall have and exercise the following functions, powers, and
 2226  duties with regard to aquaculture:
 2227         (k) Make available state lands and the water column for the
 2228  purpose of producing aquaculture products when the aquaculture
 2229  activity is compatible with state resource management goals,
 2230  environmental protection, and proprietary interest and when such
 2231  state lands and waters are determined to be suitable for
 2232  aquaculture development by the Board of Trustees of the Internal
 2233  Improvement Trust Fund pursuant to s. 253.68; provide training
 2234  as necessary to lessees; and be responsible for all saltwater
 2235  aquaculture activities located on sovereignty submerged land or
 2236  in the water column above such land and adjacent facilities
 2237  directly related to the aquaculture activity.
 2238         1. The department shall act in cooperation with other state
 2239  and local agencies and programs to identify and designate
 2240  sovereignty lands and waters that would be suitable for
 2241  aquaculture development.
 2242         2. The department shall identify and evaluate specific
 2243  tracts of sovereignty submerged lands and water columns in
 2244  various areas of the state to determine where such lands and
 2245  waters are suitable for leasing for aquaculture purposes.
 2246  Nothing in this subparagraph or subparagraph 1. shall preclude
 2247  the applicant from applying for sites identified by the
 2248  applicant.
 2249         3. The department shall provide assistance in developing
 2250  technologies applicable to aquaculture activities, evaluate
 2251  practicable production alternatives, and provide agreements to
 2252  develop innovative culture practices.
 2253         Section 99. Paragraph (j) is added to subsection (1) of
 2254  section 597.004, Florida Statutes, to read:
 2255         597.004 Aquaculture certificate of registration.—
 2256         (1) CERTIFICATION.—Any person engaging in aquaculture must
 2257  be certified by the department. The applicant for a certificate
 2258  of registration shall submit the following to the department:
 2259         (j) A certificate of training, if required under the best
 2260  management practices adopted pursuant to this section.
 2261         Section 100. Subsection (1) of section 597.020, Florida
 2262  Statutes, is amended to read:
 2263         597.020 Shellfish processors; regulation.—
 2264         (1) The department may:
 2265         (a)is authorized to Adopt by rule regulations,
 2266  specifications, training requirements, and codes relating to
 2267  sanitary practices for catching, cultivating, handling,
 2268  processing, packaging, preserving, canning, smoking, and storing
 2269  of oysters, clams, mussels, scallops, and crabs.
 2270         (b)The department is also authorized to License shellfish
 2271  processors who handle oysters, clams, mussels, scallops, and
 2272  crabs when such activities relate to quality control, sanitary,
 2273  and public health practices pursuant to this section and chapter
 2274  500.
 2275         (c)The department is also authorized to License or
 2276  certify, for a fee determined by rule, facilities used for
 2277  processing oysters, clams, mussels, scallops, and crabs;, to
 2278  levy an administrative fine in the Class I category pursuant to
 2279  s. 570.971 for each violation, for each day the violation exists
 2280  of up to $1,000 per violation per day or to suspend or revoke
 2281  such licenses or certificates upon satisfactory evidence of a
 2282  any violation of rules adopted pursuant to this section;, and to
 2283  seize and destroy any adulterated or misbranded shellfish
 2284  products as defined by rule.
 2285         Section 101. Section 570.481, Florida Statutes, is
 2286  transferred and renumbered as section 603.011, Florida Statutes.
 2287         Section 102. Section 570.55, Florida Statutes, is
 2288  transferred and renumbered as section 603.211, Florida Statutes.
 2289         Section 103. Subsection (2) of section 604.16, Florida
 2290  Statutes, is amended, and subsection (5) is added to that
 2291  section, to read:
 2292         604.16 Exceptions to provisions of ss. 604.15-604.34.
 2293  Except for s. 604.22(2), the provisions of ss. 604.15-604.34 do
 2294  not apply to:
 2295         (2) A dealer in agricultural products who pays at the time
 2296  of purchase with United States cash currency or a cash
 2297  equivalent, such as a money order, cashier’s check, wire
 2298  transfer, electronic funds transfer, or PIN debit transaction
 2299  debit card.
 2300         (5) A dealer in agricultural products to the extent that
 2301  the dealer purchases agricultural products from a producer owned
 2302  by the exact same person as the dealer, owned solely by the
 2303  dealer, or who solely owns the dealer.
 2304         Section 104. Section 604.22, Florida Statutes, is amended
 2305  to read:
 2306         604.22 Dealers to keep records; contents.—
 2307         (1)(a) Each licensee, while acting as agent for a producer,
 2308  shall make and preserve for at least 1 year a record of each
 2309  transaction, specifying the name and address of the producer for
 2310  whom she or he acts as agent; the date of receipt; the kind,
 2311  quality, and quantity of agricultural products received; the
 2312  name and address of the purchaser of each package of
 2313  agricultural products; the price for which each package was
 2314  sold; the amount of any additional charges necessary to
 2315  effectuate the sale; the amount and explanation of any
 2316  adjustments given; and the net amount due from each purchaser.
 2317         (b) An account of sales shall be furnished to each producer
 2318  within 48 hours after the sale of such agricultural products
 2319  unless otherwise agreed to in a written contract or verifiable
 2320  oral agreement. Such account of sales shall clearly show the
 2321  sale price of each lot of agricultural products sold; all
 2322  adjustments to the original price, along with an explanation of
 2323  such adjustments; and an itemized showing of all marketing costs
 2324  deducted by the licensee, along with the net amount due the
 2325  producer.
 2326         (c) The licensee shall make the payment to the producer
 2327  within 5 days after of the licensee’s receipt of payment unless
 2328  otherwise agreed to in a written contract or verifiable oral
 2329  agreement.
 2330         (2)(a) Notwithstanding The provisions of s. 604.16(2), (3),
 2331  and (4) notwithstanding, a any person, partnership, corporation,
 2332  or other business entity, except a person described in s.
 2333  604.16(1), who possesses and offers for sale agricultural
 2334  products is required to possess and display, upon the request of
 2335  a any department representative or state, county, or local law
 2336  enforcement officer, an invoice, bill of sale, manifest, or
 2337  other written document showing the date of sale, the name and
 2338  address of the seller, and the kind and quantity of products for
 2339  all such agricultural products.
 2340         (b) A Any person who violates the provisions of this
 2341  section is subject to s. 604.30(2) and (3) subsection is guilty
 2342  of a misdemeanor of the second degree, punishable as provided in
 2343  s. 775.082 or s. 775.083.
 2344         Section 105. Sections 487.172, 500.301, 500.302, 500.303,
 2345  500.304, 500.305, 500.306, 500.601, 570.345, 570.542, 570.72,
 2346  570.92, 589.081, and 590.091, Florida Statutes, are repealed.
 2347         Section 106. Paragraph (c) of subsection (6) of section
 2348  193.461, Florida Statutes, is amended to read:
 2349         193.461 Agricultural lands; classification and assessment;
 2350  mandated eradication or quarantine program.—
 2351         (6)
 2352         (c)1. For purposes of the income methodology approach to
 2353  assessment of property used for agricultural purposes,
 2354  irrigation systems, including pumps and motors, physically
 2355  attached to the land are shall be considered a part of the
 2356  average yields per acre and shall have no separately assessable
 2357  contributory value.
 2358         2. Litter containment structures located on producing
 2359  poultry farms and animal waste nutrient containment structures
 2360  located on producing dairy farms shall be assessed by the
 2361  methodology described in subparagraph 1.
 2362         3. Structures or improvements used in horticultural
 2363  production for frost or freeze protection, which structures or
 2364  improvements are consistent with the interim measures or best
 2365  management practices adopted by the Department of Agriculture
 2366  and Consumer Services Services’ interim measures or best
 2367  management practices adopted pursuant to s. 570.93 s. 570.085 or
 2368  s. 403.067(7)(c), shall be assessed by the methodology described
 2369  in subparagraph 1.
 2370         Section 107. Subsection (1) of section 253.74, Florida
 2371  Statutes, is amended to read:
 2372         253.74 Penalties.—
 2373         (1) A Any person who conducts aquaculture activities in
 2374  excess of those authorized by the board or who conducts such
 2375  activities on state-owned submerged lands without having
 2376  previously obtained an authorization from the board commits a
 2377  misdemeanor of the second degree, punishable as provided in s.
 2378  775.082, is and shall be subject to a civil fine in the Class I
 2379  category pursuant to s. 570.971 imprisonment for not more than 6
 2380  months or fine of not more than $1,000, or both. In addition to
 2381  such fine and imprisonment, all works, improvements, and animal
 2382  and plant life involved in the project, may be forfeited to the
 2383  state.
 2384         Section 108. Paragraph (c) of subsection (5) of section
 2385  288.1175, Florida Statutes, is amended to read:
 2386         288.1175 Agriculture education and promotion facility.—
 2387         (5) The Department of Agriculture and Consumer Services
 2388  shall competitively evaluate applications for funding of an
 2389  agriculture education and promotion facility. If the number of
 2390  applicants exceeds three, the Department of Agriculture and
 2391  Consumer Services shall rank the applications based upon
 2392  criteria developed by the Department of Agriculture and Consumer
 2393  Services, with priority given in descending order to the
 2394  following items:
 2395         (c) The location of the facility in a brownfield site as
 2396  defined in s. 376.79(3), a rural enterprise zone as defined in
 2397  s. 290.004, an agriculturally depressed area as defined in s.
 2398  570.74 s. 570.242(1), or a county that has lost its agricultural
 2399  land to environmental restoration projects.
 2400         Section 109. Paragraph (b) of subsection (14) and paragraph
 2401  (b) of subsection (77) of section 320.08058, Florida Statutes,
 2402  are amended to read:
 2403         320.08058 Specialty license plates.—
 2404         (14) FLORIDA AGRICULTURAL LICENSE PLATES.—
 2405         (b) The proceeds of the Florida Agricultural license plate
 2406  annual use fee must be forwarded to the direct-support
 2407  organization created pursuant to s. 570.691 in s. 570.903. The
 2408  funds must be used for the sole purpose of funding and promoting
 2409  the Florida agriculture in the classroom program established
 2410  within the Department of Agriculture and Consumer Services
 2411  pursuant to s. 570.693 s. 570.91.
 2412         (77) FLORIDA HORSE PARK LICENSE PLATES.—
 2413         (b) The annual use fees shall be distributed to the Florida
 2414  Agriculture Center and Horse Park Authority created by s.
 2415  570.685 s. 570.952, which shall retain all proceeds until all
 2416  startup costs for developing and establishing the plate have
 2417  been recovered. Thereafter, the proceeds shall be used as
 2418  follows:
 2419         1. A maximum of 5 percent of the proceeds from the annual
 2420  use fees may be used for the administration of the Florida Horse
 2421  Park license plate program.
 2422         2. A maximum of 5 percent of the proceeds may be used to
 2423  promote and market the license plate.
 2424         3. The remaining proceeds shall be used by the authority to
 2425  promote the Florida Agriculture Center and Horse Park located in
 2426  Marion County; to support continued development of the park,
 2427  including the construction of additional educational facilities,
 2428  barns, and other structures; to provide improvements to the
 2429  existing infrastructure at the park; and to provide for
 2430  operational expenses of the Florida Agriculture Center and Horse
 2431  Park.
 2432         Section 110. Section 373.621, Florida Statutes, is amended
 2433  to read:
 2434         373.621 Water conservation.—The Legislature recognizes the
 2435  significant value of water conservation in the protection and
 2436  efficient use of water resources. Accordingly, consideration in
 2437  the administration of ss. 373.223, 373.233, and 373.236 shall be
 2438  given to applicants who implement water conservation practices
 2439  pursuant to s. 570.93 s. 570.085 or other applicable water
 2440  conservation measures as determined by the department or a water
 2441  management district.
 2442         Section 111. Paragraph (a) of subsection (2) of section
 2443  373.709, Florida Statutes, is amended to read:
 2444         373.709 Regional water supply planning.—
 2445         (2) Each regional water supply plan must be based on at
 2446  least a 20-year planning period and must include, but need not
 2447  be limited to:
 2448         (a) A water supply development component for each water
 2449  supply planning region identified by the district which
 2450  includes:
 2451         1. A quantification of the water supply needs for all
 2452  existing and future reasonable-beneficial uses within the
 2453  planning horizon. The level-of-certainty planning goal
 2454  associated with identifying the water supply needs of existing
 2455  and future reasonable-beneficial uses must be based upon meeting
 2456  those needs for a 1-in-10-year drought event.
 2457         a. Population projections used for determining public water
 2458  supply needs must be based upon the best available data. In
 2459  determining the best available data, the district shall consider
 2460  the University of Florida’s Bureau of Economic and Business
 2461  Research (BEBR) medium population projections and population
 2462  projection data and analysis submitted by a local government
 2463  pursuant to the public workshop described in subsection (1) if
 2464  the data and analysis support the local government’s
 2465  comprehensive plan. Any adjustment of or deviation from the BEBR
 2466  projections must be fully described, and the original BEBR data
 2467  must be presented along with the adjusted data.
 2468         b. Agricultural demand projections used for determining the
 2469  needs of agricultural self-suppliers must be based upon the best
 2470  available data. In determining the best available data for
 2471  agricultural self-supplied water needs, the district shall
 2472  consider the data indicative of future water supply demands
 2473  provided by the Department of Agriculture and Consumer Services
 2474  pursuant to s. 570.93 s. 570.085 and agricultural demand
 2475  projection data and analysis submitted by a local government
 2476  pursuant to the public workshop described in subsection (1), if
 2477  the data and analysis support the local government’s
 2478  comprehensive plan. Any adjustment of or deviation from the data
 2479  provided by the Department of Agriculture and Consumer Services
 2480  must be fully described, and the original data must be presented
 2481  along with the adjusted data.
 2482         2. A list of water supply development project options,
 2483  including traditional and alternative water supply project
 2484  options, from which local government, government-owned and
 2485  privately owned utilities, regional water supply authorities,
 2486  multijurisdictional water supply entities, self-suppliers, and
 2487  others may choose for water supply development. In addition to
 2488  projects listed by the district, such users may propose specific
 2489  projects for inclusion in the list of alternative water supply
 2490  projects. If such users propose a project to be listed as an
 2491  alternative water supply project, the district shall determine
 2492  whether it meets the goals of the plan, and, if so, it shall be
 2493  included in the list. The total capacity of the projects
 2494  included in the plan must exceed the needs identified in
 2495  subparagraph 1. and take into account water conservation and
 2496  other demand management measures, as well as water resources
 2497  constraints, including adopted minimum flows and levels and
 2498  water reservations. Where the district determines it is
 2499  appropriate, the plan should specifically identify the need for
 2500  multijurisdictional approaches to project options that, based on
 2501  planning level analysis, are appropriate to supply the intended
 2502  uses and that, based on such analysis, appear to be permittable
 2503  and financially and technically feasible. The list of water
 2504  supply development options must contain provisions that
 2505  recognize that alternative water supply options for agricultural
 2506  self-suppliers are limited.
 2507         3. For each project option identified in subparagraph 2.,
 2508  the following must be provided:
 2509         a. An estimate of the amount of water to become available
 2510  through the project.
 2511         b. The timeframe in which the project option should be
 2512  implemented and the estimated planning-level costs for capital
 2513  investment and operating and maintaining the project.
 2514         c. An analysis of funding needs and sources of possible
 2515  funding options. For alternative water supply projects, the
 2516  water management districts shall provide funding pursuant to
 2517  assistance in accordance with s. 373.707(8).
 2518         d. Identification of the entity that should implement each
 2519  project option and the current status of project implementation.
 2520         Section 112. Paragraph (d) of subsection (2) of section
 2521  381.0072, Florida Statutes, is amended to read:
 2522         381.0072 Food service protection.—It shall be the duty of
 2523  the Department of Health to adopt and enforce sanitation rules
 2524  consistent with law to ensure the protection of the public from
 2525  food-borne illness. These rules shall provide the standards and
 2526  requirements for the storage, preparation, serving, or display
 2527  of food in food service establishments as defined in this
 2528  section and which are not permitted or licensed under chapter
 2529  500 or chapter 509.
 2530         (2) DUTIES.—
 2531         (d) The department shall inspect each food service
 2532  establishment as often as necessary to ensure compliance with
 2533  applicable laws and rules. The department shall have the right
 2534  of entry and access to these food service establishments at any
 2535  reasonable time. In inspecting food service establishments as
 2536  provided under this section, the department shall provide each
 2537  inspected establishment with the food recovery brochure
 2538  developed under s. 595.420 s. 570.0725.
 2539         Section 113. Paragraph (c) of subsection (2) of section
 2540  388.46, Florida Statutes, is amended to read:
 2541         388.46 Florida Coordinating Council on Mosquito Control;
 2542  establishment; membership; organization; responsibilities.—
 2543         (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
 2544         (c) Responsibilities.—The council shall:
 2545         1. Develop and implement guidelines to assist the
 2546  department in resolving disputes arising over the control of
 2547  arthropods on publicly owned lands.
 2548         2. Develop and recommend to the department a request for
 2549  proposal process for arthropod control research.
 2550         3. Identify potential funding sources for research or
 2551  implementation projects and evaluate and prioritize proposals
 2552  upon request by the funding source.
 2553         4. Prepare and present reports, as needed, on arthropod
 2554  control activities in the state to the Pesticide Review Council
 2555  and other governmental organizations, as appropriate.
 2556         Section 114. Paragraph (c) of subsection (2) of section
 2557  472.0351, Florida Statutes, is amended to read:
 2558         472.0351 Grounds for discipline; penalties; enforcement.—
 2559         (2) If the board finds a surveyor or mapper guilty of any
 2560  of the grounds set forth in subsection (1) or a violation of
 2561  this chapter which occurred before obtaining a license, the
 2562  board may enter an order imposing one or more of the following
 2563  penalties:
 2564         (c) Imposition of an administrative fine in the Class I
 2565  category pursuant to s. 570.971 not to exceed $1,000 for each
 2566  count or separate offense.
 2567         Section 115. Subsections (1) and (2) and paragraph (a) of
 2568  subsection (3) of section 472.036, Florida Statutes, are amended
 2569  to read:
 2570         472.036 Unlicensed practice of professional surveying and
 2571  mapping; cease and desist notice; civil penalty; enforcement;
 2572  citations; allocation of moneys collected.—
 2573         (1) When the department has probable cause to believe that
 2574  a any person not licensed by the department or the board has
 2575  violated any provision of this chapter, or any rule adopted
 2576  pursuant to this chapter, the department may issue and deliver
 2577  to such person a notice to cease and desist from such violation.
 2578  In addition, the department may issue and deliver a notice to
 2579  cease and desist to a any person who aids and abets the
 2580  unlicensed practice of surveying and mapping by employing such
 2581  unlicensed person. The issuance of a notice to cease and desist
 2582  does shall not constitute agency action for which a hearing
 2583  under ss. 120.569 and 120.57 may be sought. For the purpose of
 2584  enforcing a cease and desist order, the department may file a
 2585  proceeding in the name of the state seeking issuance of an
 2586  injunction or a writ of mandamus against a any person who
 2587  violates any provisions of such order. In addition to the
 2588  foregoing remedies, the department may impose an administrative
 2589  fine in the Class II category pursuant to s. 570.971 for each
 2590  penalty not to exceed $5,000 per incident pursuant to the
 2591  provisions of chapter 120 or may issue a citation pursuant to
 2592  the provisions of subsection (3). If the department is required
 2593  to seek enforcement of the order for a penalty pursuant to s.
 2594  120.569, it shall be entitled to collect its attorney attorney’s
 2595  fees and costs, together with any cost of collection.
 2596         (2) In addition to or in lieu of any remedy provided in
 2597  subsection (1), the department may seek the imposition of a
 2598  civil penalty through the circuit court for any violation for
 2599  which the department may issue a notice to cease and desist
 2600  under subsection (1). The civil penalty shall be a fine in the
 2601  Class II category pursuant to s. 570.971 no less than $500 and
 2602  no more than $5,000 for each offense. The court may also award
 2603  to the prevailing party court costs and reasonable attorney fees
 2604  and, in the event the department prevails, may also award
 2605  reasonable costs of investigation.
 2606         (3)(a) Notwithstanding the provisions of s. 472.033, the
 2607  department shall adopt rules for to permit the issuance of
 2608  citations for unlicensed practice of a profession. The citation
 2609  shall be issued to the subject and shall contain the subject’s
 2610  name and any other information the department determines to be
 2611  necessary to identify the subject, a brief factual statement,
 2612  the sections of the law allegedly violated, and the penalty
 2613  imposed. The citation must clearly state that the subject may
 2614  choose, in lieu of accepting the citation, to follow the
 2615  procedure under s. 472.033. If the subject disputes the matter
 2616  in the citation, the procedures set forth in s. 472.033 must be
 2617  followed. However, if the subject does not dispute the matter in
 2618  the citation with the department within 30 days after the
 2619  citation is served, the citation shall become a final order of
 2620  the department upon filing with the agency clerk. The penalty
 2621  shall be a fine in the Class II category pursuant to s. 570.971
 2622  of not less than $500 or more than $5,000 or other conditions as
 2623  established by rule.
 2624         Section 116. Subsection (7) of section 482.161, Florida
 2625  Statutes, is amended to read:
 2626         482.161 Disciplinary grounds and actions; reinstatement.—
 2627         (7) The department, pursuant to chapter 120, in addition to
 2628  or in lieu of any other remedy provided by state or local law,
 2629  may impose an administrative fine in the Class II category
 2630  pursuant to s. 570.971, in an amount not exceeding $5,000, for a
 2631  the violation of any of the provisions of this chapter or of the
 2632  rules adopted pursuant to this chapter. In determining the
 2633  amount of fine to be levied for a violation, the following
 2634  factors shall be considered:
 2635         (a) The severity of the violation, including the
 2636  probability that the death, or serious harm to the health or
 2637  safety, of any person will result or has resulted; the severity
 2638  of the actual or potential harm; and the extent to which the
 2639  provisions of this chapter or of the rules adopted pursuant to
 2640  this chapter were violated;
 2641         (b) Any actions taken by the licensee or certified operator
 2642  in charge, or limited certificateholder, to correct the
 2643  violation or to remedy complaints;
 2644         (c) Any previous violations of this chapter or of the rules
 2645  adopted pursuant to this chapter; and
 2646         (d) The cost to the department of investigating the
 2647  violation.
 2648         Section 117. Subsections (3) and (5) of section 482.165,
 2649  Florida Statutes, are amended to read:
 2650         482.165 Unlicensed practice of pest control; cease and
 2651  desist order; injunction; civil suit and penalty.—
 2652         (3) In addition to or in lieu of any remedy provided under
 2653  subsection (2), the department may institute a civil suit in
 2654  circuit court to recover a civil penalty for a any violation for
 2655  which the department may issue a notice to cease and desist
 2656  under subsection (2). The civil penalty shall be in Class II
 2657  category pursuant to s. 570.971 may not be less than $500 or
 2658  more than $5,000 for each offense. The court may also award to
 2659  the prevailing party court costs and reasonable attorney
 2660  attorney’s fees.
 2661         (5) In addition to or in lieu of any remedy provided under
 2662  subsections (2) and (3), the department may, even in the case of
 2663  a first offense, impose a fine not less than twice the cost of a
 2664  pest control business license, but not more than a fine in the
 2665  Class II category pursuant to s. 570.971 $5,000, upon a
 2666  determination by the department that a person is in violation of
 2667  subsection (1). For the purposes of this subsection, the lapse
 2668  of a previously issued license for a period of less than 1 year
 2669  is shall not be considered a violation.
 2670         Section 118. Subsection (6) of section 482.243, Florida
 2671  Statutes, is amended to read:
 2672         482.243 Pest Control Enforcement Advisory Council.—
 2673         (6) The meetings, powers and duties, procedures, and
 2674  recordkeeping of the council shall be pursuant to s. 570.232 in
 2675  accordance with the provisions of s. 570.0705 relating to
 2676  advisory committees established within the department.
 2677         Section 119. Subsection (3) of section 487.047, Florida
 2678  Statutes, is amended to read:
 2679         487.047 Nonresident license; reciprocal agreement;
 2680  authorized purchase.—
 2681         (3) Restricted-use pesticides may be purchased by a any
 2682  person who holds a valid applicator’s license or who holds a
 2683  valid purchase authorization card issued by the department or by
 2684  a licensee under chapter 388 or chapter 482. A nonlicensed
 2685  person may apply restricted-use pesticides under the direct
 2686  supervision of a licensed applicator. An applicator’s license
 2687  shall be issued by the department pursuant to on a form supplied
 2688  by it in accordance with the requirements of this part.
 2689         Section 120. Subsections (2) and (3) of section 487.091,
 2690  Florida Statutes, are amended to read:
 2691         487.091 Tolerances, deficiencies, and penalties.—
 2692         (2) If a pesticide is found by analysis to be deficient in
 2693  an active ingredient beyond the tolerance as provided in this
 2694  part, the registrant is subject to a penalty for the deficiency
 2695  in the Class III category pursuant to s. 570.971 for each, not
 2696  to exceed $10,000 per violation. However, a no penalty may not
 2697  shall be assessed when the official sample was taken from a
 2698  pesticide that was in the possession of a consumer for more than
 2699  45 days after from the date of purchase by that consumer, or
 2700  when the product label specifies that the product should be used
 2701  by an expiration date that has passed. Procedures for assessing
 2702  penalties shall be established by rule, based on the degree of
 2703  the deficiency. Penalties assessed shall be paid to the consumer
 2704  or, in the absence of a known consumer, the department. If the
 2705  penalty is not paid within the prescribed period of time as
 2706  established by rule, the department may deny, suspend, or revoke
 2707  the registration of any pesticide.
 2708         (3) If a pesticide is found to be ineffective, it shall be
 2709  deemed to be misbranded and subject to a penalty in the Class
 2710  III category pursuant to s. 570.971 for each as established by
 2711  rule, not to exceed $10,000 per violation.
 2712         Section 121. Paragraph (e) of subsection (1) of section
 2713  487.175, Florida Statutes, is amended to read:
 2714         487.175 Penalties; administrative fine; injunction.—
 2715         (1) In addition to any other penalty provided in this part,
 2716  when the department finds any person, applicant, or licensee has
 2717  violated any provision of this part or rule adopted under this
 2718  part, it may enter an order imposing any one or more of the
 2719  following penalties:
 2720         (e) Imposition of an administrative fine in the Class III
 2721  category pursuant to s. 570.971 not to exceed $10,000 for each
 2722  violation. When imposing a any fine under this paragraph, the
 2723  department shall consider the degree and extent of harm caused
 2724  by the violation, the cost of rectifying the damage, the amount
 2725  of money the violator benefited from by noncompliance, whether
 2726  the violation was committed willfully, and the compliance record
 2727  of the violator.
 2728         Section 122. Paragraph (c) of subsection (2) of section
 2729  493.6118, Florida Statutes, is amended to read:
 2730         493.6118 Grounds for disciplinary action.—
 2731         (2) When the department finds any violation of subsection
 2732  (1), it may do one or more of the following:
 2733         (c) Impose an administrative fine in the Class I category
 2734  pursuant to s. 570.971 not to exceed $1,000 for every count or
 2735  separate offense.
 2736         Section 123. Subsection (1) of section 496.420, Florida
 2737  Statutes, is amended to read:
 2738         496.420 Civil remedies and enforcement.—
 2739         (1) In addition to other remedies authorized by law, the
 2740  department may bring a civil action in circuit court to enforce
 2741  ss. 496.401-496.424 or s. 496.426. Upon a finding that any
 2742  person has violated any of these sections, a court may make any
 2743  necessary order or enter a judgment including, but not limited
 2744  to, a temporary or permanent injunction, a declaratory judgment,
 2745  the appointment of a general or special magistrate or receiver,
 2746  the sequestration of assets, the reimbursement of persons from
 2747  whom contributions have been unlawfully solicited, the
 2748  distribution of contributions pursuant to in accordance with the
 2749  charitable or sponsor purpose expressed in the registration
 2750  statement or pursuant to in accordance with the representations
 2751  made to the person solicited, the reimbursement of the
 2752  department for investigative costs, and attorney attorney’s fees
 2753  and costs, and any other equitable relief the court finds
 2754  appropriate. Upon a finding that a any person has violated any
 2755  provision of ss. 496.401-496.424 or s. 496.426 with actual
 2756  knowledge or knowledge fairly implied on the basis of objective
 2757  circumstances, a court may enter an order imposing a civil fine
 2758  in the Class III category pursuant to s. 570.971 for each
 2759  penalty in an amount not to exceed $10,000 per violation.
 2760         Section 124. Paragraph (b) of subsection (3) of section
 2761  500.70, Florida Statutes, is amended to read:
 2762         500.70 Tomato food safety standards; inspections;
 2763  penalties; tomato good agricultural practices; tomato best
 2764  management practices.—
 2765         (3)
 2766         (b) The department may impose an administrative fine in the
 2767  Class II category pursuant to s. 570.971 for each not to exceed
 2768  $5,000 per violation, or issue a written notice or warning under
 2769  s. 500.179, against a person who violates any applicable
 2770  provision of this section or any rule adopted under this
 2771  section.
 2772         Section 125. Paragraph (b) of subsection (2) of section
 2773  501.612, Florida Statutes, is amended to read:
 2774         501.612 Grounds for departmental action against licensure
 2775  applicants or licensees.—
 2776         (2) Upon a finding as set forth in subsection (1), the
 2777  department may enter an order:
 2778         (b) Imposing an administrative fine in the Class III
 2779  category pursuant to s. 570.971 not to exceed $10,000 for each
 2780  act or omission which constitutes a violation under this part.
 2781         Section 126. Section 501.619, Florida Statutes, is amended
 2782  to read:
 2783         501.619 Civil penalties.—A Any person who engages in any
 2784  act or practice declared in this part to be unlawful is liable
 2785  for a civil penalty in the Class III category pursuant to s.
 2786  570.971 of not more than $10,000 for each such violation. This
 2787  civil penalty may be recovered in any action brought under this
 2788  part by the department, or the department may terminate any
 2789  investigation or action upon agreement by the person to pay a
 2790  stipulated civil penalty. The department or the court may waive
 2791  any such civil penalty or other fines or costs if the person has
 2792  previously made full restitution or reimbursement or has paid
 2793  actual damages to the purchasers who have been injured by the
 2794  unlawful act or practice.
 2795         Section 127. Paragraph (b) of subsection (1) of section
 2796  502.231, Florida Statutes, is amended to read:
 2797         502.231 Penalty and injunction.—
 2798         (1) The department may enter an order imposing one or more
 2799  of the following penalties against any person who violates any
 2800  provision of this chapter:
 2801         (b) Imposition of an administrative fine not to exceed:
 2802         1. In the Class II category pursuant s. 570.971 for each
 2803  Ten thousand dollars per violation in the case of a frozen
 2804  dessert licensee;
 2805         2. Not to exceed ten percent of the license fee or $100,
 2806  whichever is greater, for failure to report the information
 2807  described in s. 502.053(3)(d); or
 2808         3. In the Class I category pursuant to s. 570.971 for each
 2809  One thousand dollars per occurrence for any other violation.
 2810  
 2811  When imposing a fine under this paragraph, the department must
 2812  consider the degree and extent of harm caused by the violation,
 2813  the cost of rectifying the damage, the benefit to the violator,
 2814  whether the violation was committed willfully, and the
 2815  violator’s compliance record.
 2816         Section 128. Subsection (1) of section 507.09, Florida
 2817  Statutes, is amended to read:
 2818         507.09 Administrative remedies; penalties.—
 2819         (1) The department may enter an order doing one or more of
 2820  the following if the department finds that a mover or moving
 2821  broker, or a person employed or contracted by a mover or broker,
 2822  has violated or is operating in violation of this chapter or the
 2823  rules or orders issued pursuant to in accordance with this
 2824  chapter:
 2825         (a) Issuing a notice of noncompliance under s. 120.695.
 2826         (b) Imposing an administrative fine in the Class II
 2827  category pursuant to s. 570.971 not to exceed $5,000 for each
 2828  act or omission.
 2829         (c) Directing that the person cease and desist specified
 2830  activities.
 2831         (d) Refusing to register or revoking or suspending a
 2832  registration.
 2833         (e) Placing the registrant on probation for a period of
 2834  time, subject to the conditions specified by the department.
 2835         Section 129. Subsection (2) of section 507.10, Florida
 2836  Statutes, is amended to read:
 2837         507.10 Civil penalties; remedies.—
 2838         (2) The department may seek a civil penalty in the Class II
 2839  category pursuant to s. 570.971 of up to $5,000 for each
 2840  violation of this chapter.
 2841         Section 130. Paragraph (g) of subsection (2) and paragraph
 2842  (c) of subsection (3) of section 509.032, Florida Statutes, are
 2843  amended to read:
 2844         509.032 Duties.—
 2845         (2) INSPECTION OF PREMISES.—
 2846         (g) In inspecting public food service establishments, the
 2847  department shall provide each inspected establishment with the
 2848  food-recovery brochure developed under s. 595.420 s. 570.0725.
 2849         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
 2850  EVENTS.—The division shall:
 2851         (c) Administer a public notification process for temporary
 2852  food service events and distribute educational materials that
 2853  address safe food storage, preparation, and service procedures.
 2854         1. Sponsors of temporary food service events shall notify
 2855  the division not less than 3 days before prior to the scheduled
 2856  event of the type of food service proposed, the time and
 2857  location of the event, a complete list of food service vendors
 2858  participating in the event, the number of individual food
 2859  service facilities each vendor will operate at the event, and
 2860  the identification number of each food service vendor’s current
 2861  license as a public food service establishment or temporary food
 2862  service event licensee. Notification may be completed orally, by
 2863  telephone, in person, or in writing. A public food service
 2864  establishment or food service vendor may not use this
 2865  notification process to circumvent the license requirements of
 2866  this chapter.
 2867         2. The division shall keep a record of all notifications
 2868  received for proposed temporary food service events and shall
 2869  provide appropriate educational materials to the event sponsors,
 2870  including the food-recovery brochure developed under s. 595.420
 2871  s. 570.0725.
 2872         3.a. A public food service establishment or other food
 2873  service vendor must obtain one of the following classes of
 2874  license from the division: an individual license, for a fee of
 2875  no more than $105, for each temporary food service event in
 2876  which it participates; or an annual license, for a fee of no
 2877  more than $1,000, that entitles the licensee to participate in
 2878  an unlimited number of food service events during the license
 2879  period. The division shall establish license fees, by rule, and
 2880  may limit the number of food service facilities a licensee may
 2881  operate at a particular temporary food service event under a
 2882  single license.
 2883         b. Public food service establishments holding current
 2884  licenses from the division may operate under the regulations of
 2885  such a license at temporary food service events of 3 days or
 2886  less in duration.
 2887         Section 131. Paragraph (a) of subsection (1) of section
 2888  525.16, Florida Statutes, is amended to read:
 2889         525.16 Administrative fine; penalties; prosecution of cases
 2890  by state attorney.—
 2891         (1)(a) The department may enter an order imposing one or
 2892  more of the following penalties against a any person who
 2893  violates any of the provisions of this chapter or the rules
 2894  adopted under this chapter or impedes, obstructs, or hinders the
 2895  department in the performance of its duty in connection with the
 2896  provisions of this chapter:
 2897         1. Issuance of a warning letter.
 2898         2. Imposition of an administrative fine in the Class II
 2899  category pursuant to s. 570.971 for each of not more than $1,000
 2900  per violation for a first-time offender. For a second-time or
 2901  repeat offender, or any person who is shown to have willfully
 2902  and intentionally violated any provision of this chapter, the
 2903  administrative fine shall not exceed $5,000 per violation. When
 2904  imposing any fine under this section, the department shall
 2905  consider the degree and extent of harm caused by the violation,
 2906  the cost of rectifying the damage, the amount of money the
 2907  violator benefited from by noncompliance, whether the violation
 2908  was committed willfully, and the compliance record of the
 2909  violator.
 2910         3. Revocation or suspension of any registration issued by
 2911  the department.
 2912         Section 132. Subsection (1) of section 526.311, Florida
 2913  Statutes, is amended to read:
 2914         526.311 Enforcement; civil penalties; injunctive relief.—
 2915         (1) A Any person who knowingly violates this act shall be
 2916  subject to a civil penalty in the Class III category pursuant to
 2917  s. 570.971 for each not to exceed $10,000 per violation. Each
 2918  day that a violation of this act occurs shall be considered a
 2919  separate violation, but a no civil penalty may not shall exceed
 2920  $250,000. Any Such a person shall also be liable for attorney
 2921  attorney’s fees and shall be subject to an action for injunctive
 2922  relief.
 2923         Section 133. Subsection (2) of section 526.55, Florida
 2924  Statutes, is amended to read:
 2925         526.55 Violation and penalties.—
 2926         (2) If the department finds that a person has violated or
 2927  is operating in violation of ss. 526.50–526.56 or the rules or
 2928  orders adopted thereunder, the department may, by order:
 2929         (a) Issue a notice of noncompliance pursuant to s. 120.695;
 2930         (b) Impose an administrative fine in the Class II category
 2931  pursuant to s. 570.971 not to exceed $5,000 for each violation;
 2932         (c) Direct that the person cease and desist specified
 2933  activities;
 2934         (d) Revoke or suspend a registration, or refuse to register
 2935  a product; or
 2936         (e) Place the registrant on probation for a period of time,
 2937  subject to conditions as the department may specify.
 2938         Section 134. Subsection (1) of section 527.13, Florida
 2939  Statutes, is amended to read:
 2940         527.13 Administrative fines and warning letters.—
 2941         (1) If a any person violates any provision of this chapter
 2942  or any rule adopted under this chapter pursuant thereto or a
 2943  cease and desist order, the department may impose civil or
 2944  administrative penalties in the Class II category pursuant to s.
 2945  570.971, not to exceed $3,000 for each offense, suspend or
 2946  revoke the license or qualification issued to such person, or
 2947  any of the foregoing. The cost of the proceedings to enforce
 2948  this chapter may be added to any penalty imposed. The department
 2949  may allow the licensee a reasonable period, not to exceed 90
 2950  days, within which to pay to the department the amount of the
 2951  penalty so imposed. If the licensee fails to pay the penalty in
 2952  its entirety to the department at its office at Tallahassee
 2953  within the period so allowed, the licenses of the licensee shall
 2954  stand revoked upon expiration of such period.
 2955         Section 135. Subsection (1) of section 531.50, Florida
 2956  Statutes, is amended to read:
 2957         531.50 Administrative fine, penalties, and offenses.—
 2958         (1) The department may enter an order imposing one or more
 2959  of the following penalties against a any person who violates any
 2960  provision of this chapter or rule adopted under this chapter or
 2961  impedes, obstructs, or hinders the department in performing the
 2962  performance of its duties under in connection with the
 2963  provisions of this chapter:
 2964         (a) Issuance of a warning letter or notice.
 2965         (b) Imposition of an administrative fine in the Class II
 2966  category pursuant to s. 570.971 for each of:
 2967         1. Up to $1,000 for a first violation;
 2968         2. Up to $2,500 for a second violation within 2 years after
 2969  the first violation; or
 2970         3. Up to $5,000 for a third violation within 2 years after
 2971  the first violation.
 2972  
 2973  When imposing any fine under this section, the department shall
 2974  consider the degree and extent of potential harm caused by the
 2975  violation, the amount of money by which the violator benefited
 2976  from noncompliance, whether the violation was committed
 2977  willfully, and the compliance record of the violator. All fines,
 2978  monetary penalties, and costs received by the department shall
 2979  be deposited in the General Inspection Trust Fund for the
 2980  purpose of administering the provisions of this chapter.
 2981         Section 136. Subsection (2) of section 534.52, Florida
 2982  Statutes, is amended to read:
 2983         534.52 Violations; refusal, suspension, revocation;
 2984  penalties.—
 2985         (2) In addition, or as an alternative to refusing,
 2986  suspending, or revoking a license in cases involving violations,
 2987  the department may impose an administrative a fine in the Class
 2988  I category pursuant to s. 570.971 not to exceed $500 for the
 2989  first offense and not to exceed $1,000 for the second or
 2990  subsequent violations. When imposed and paid, such fines shall
 2991  be deposited in the General Inspection Trust Fund.
 2992         Section 137. Paragraphs (b) and (d) of subsection (7) of
 2993  section 539.001, Florida Statutes, are amended to read:
 2994         539.001 The Florida Pawnbroking Act.—
 2995         (7) ORDERS IMPOSING PENALTIES.—
 2996         (b) Upon a finding as set forth in paragraph (a), the
 2997  agency may enter an order doing one or more of the following:
 2998         1. Issuing a notice of noncompliance pursuant to s.
 2999  120.695.
 3000         2. Imposing an administrative fine in the Class II category
 3001  pursuant to s. 570.971 not to exceed $5,000 for each act which
 3002  constitutes a violation of this section or a rule or an order.
 3003         3. Directing that the pawnbroker cease and desist specified
 3004  activities.
 3005         4. Refusing to license or revoking or suspending a license.
 3006         5. Placing the licensee on probation for a period of time,
 3007  subject to such conditions as the agency may specify.
 3008         (d)1. When the agency, if a violation of this section
 3009  occurs, has reasonable cause to believe that a person is
 3010  operating in violation of this section, the agency may bring a
 3011  civil action in the appropriate court for temporary or permanent
 3012  injunctive relief and may seek other appropriate civil relief,
 3013  including a civil penalty in the Class II category pursuant to
 3014  s. 570.971 not to exceed $5,000 for each violation, restitution
 3015  and damages for injured customers, court costs, and reasonable
 3016  attorney attorney’s fees.
 3017         2. The agency may terminate any investigation or action
 3018  upon agreement by the offender to pay a stipulated civil
 3019  penalty, to make restitution or pay damages to customers, or to
 3020  satisfy any other relief authorized herein and requested by the
 3021  agency.
 3022         Section 138. Paragraph (b) of subsection (4) and paragraph
 3023  (a) of subsection (5) of section 559.921, Florida Statutes, are
 3024  amended to read:
 3025         559.921 Remedies.—
 3026         (4)
 3027         (b) Upon a finding as set forth in paragraph (a), the
 3028  department may enter an order doing one or more of the
 3029  following:
 3030         1. Issuing a notice of noncompliance pursuant to s.
 3031  120.695.
 3032         2. Imposing an administrative fine in the Class I category
 3033  pursuant to s. 570.971 not to exceed $1,000 per violation for
 3034  each act which constitutes a violation of this part or a rule or
 3035  order.
 3036         3. Directing that the motor vehicle repair shop cease and
 3037  desist specified activities.
 3038         4. Refusing to register or revoking or suspending a
 3039  registration.
 3040         5. Placing the registrant on probation for a period of
 3041  time, subject to such conditions as the department may specify.
 3042         (5)(a) The department or the state attorney, if a violation
 3043  of this part occurs in his or her judicial circuit, is shall be
 3044  the enforcing authority for purposes of this part and may bring
 3045  a civil action in circuit court for temporary or permanent
 3046  injunctive relief and may seek other appropriate civil relief,
 3047  including a civil penalty in the Class I category pursuant to s.
 3048  570.971 not to exceed $1,000 for each violation, restitution and
 3049  damages for injured customers, court costs, and reasonable
 3050  attorney attorney’s fees.
 3051         Section 139. Subsection (1) of section 559.9355, Florida
 3052  Statutes, is amended to read:
 3053         559.9355 Administrative remedies; penalties.—
 3054         (1) The department may enter an order doing one or more of
 3055  the following if the department finds that a person has violated
 3056  or is operating in violation of any of the provisions of this
 3057  part or the rules or orders issued thereunder:
 3058         (a) Issuing a notice of noncompliance pursuant to s.
 3059  120.695.
 3060         (b) Imposing an administrative fine in the Class II
 3061  category pursuant to s. 570.971 not to exceed $5,000 for each
 3062  act or omission.
 3063         (c) Imposing an administrative fine not to exceed $10,000
 3064  for each act or omission in violation of s. 559.9335(22) or
 3065  (23).
 3066         (c)(d) Directing that the person cease and desist specified
 3067  activities.
 3068         (d)(e) Refusing to register or canceling or suspending a
 3069  registration.
 3070         (e)(f) Placing the registrant on probation for a period of
 3071  time, subject to such conditions as the department may specify.
 3072         (f)(g) Canceling an exemption granted under s. 559.935.
 3073         Section 140. Subsections (2) and (3) of section 559.936,
 3074  Florida Statutes, are amended to read:
 3075         559.936 Civil penalties; remedies.—
 3076         (2) The department may seek a civil penalty in the Class II
 3077  category pursuant to s. 570.971 of up to $5,000 for each
 3078  violation of this part.
 3079         (3) The department may seek a civil penalty in the Class
 3080  III category pursuant to s. 570.971 of up to $10,000 for each
 3081  act or omission in violation of s. 559.9335(22) or (23).
 3082         Section 141. Subsection (1) of section 571.11, Florida
 3083  Statutes, is amended to read:
 3084         571.11 Eggs and poultry; Seal of quality violations;
 3085  administrative penalties.—
 3086         (1) The Department of Agriculture and Consumer Services may
 3087  impose an administrative a fine in the Class II category
 3088  pursuant to s. 570.971 not exceeding $5,000 against any dealer,
 3089  as defined in under s. 583.01(4), in violation of the guidelines
 3090  for the Florida seal of quality for eggs or poultry programs.
 3091  All fines, when imposed and paid, shall be deposited by the
 3092  department into the General Inspection Trust Fund.
 3093         Section 142. Subsection (2) of section 571.28, Florida
 3094  Statutes, is amended to read:
 3095         571.28 Florida Agricultural Promotional Campaign Advisory
 3096  Council.—
 3097         (2) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS.—The
 3098  meetings, powers and duties, procedures, and recordkeeping of
 3099  the Florida Agricultural Promotional Campaign Advisory Council
 3100  shall be pursuant to s. 570.232 governed by the provisions of s.
 3101  570.0705 relating to advisory committees established within the
 3102  department.
 3103         Section 143. Paragraph (b) of subsection (3) of section
 3104  571.29, Florida Statutes, is amended to read:
 3105         571.29 Unlawful acts; administrative remedies; criminal
 3106  penalties.—
 3107         (3) The department may enter an order imposing one or more
 3108  of the following penalties against any person who violates any
 3109  of the provisions of this part or any rules adopted under this
 3110  part:
 3111         (b) Imposition of an administrative fine in the Class I
 3112  category pursuant to s. 570.971 for each of not more than $1,000
 3113  per violation for a first-time first time offender. For a
 3114  second-time second time offender, or a any person who is shown
 3115  to have willfully and intentionally violated any provision of
 3116  this part or any rules adopted under this part, the
 3117  administrative fine shall be in the Class II category pursuant
 3118  to s. 570.971 for each may not exceed $5,000 per violation. The
 3119  term “each per violation” means each incident in which a logo of
 3120  the Florida Agricultural Promotional Campaign has been used,
 3121  reproduced, or distributed in any manner inconsistent with the
 3122  provisions of this part or the rules adopted under this part.
 3123  
 3124  The administrative proceedings that could result in the entry of
 3125  an order imposing any of the penalties specified in paragraphs
 3126  (a)-(c) shall be conducted in accordance with chapter 120.
 3127         Section 144. Subsection (1) of section 578.181, Florida
 3128  Statutes, is amended to read:
 3129         578.181 Penalties; administrative fine.—
 3130         (1) The department may enter an order imposing one or more
 3131  of the following penalties against a any person who violates any
 3132  of the provisions of this chapter or the rules adopted under
 3133  this chapter promulgated hereunder or who impedes, obstructs, or
 3134  hinders, or otherwise prevents or attempts to prevent the
 3135  department in performing the performance of its duties under
 3136  duty in connection with the provisions of this chapter:
 3137         (a) Issuance of a warning letter.
 3138         (b) Imposition of an administrative fine in the Class I
 3139  category pursuant to s. 570.971 for each of not more than $1,000
 3140  per occurrence after the issuance of a warning letter.
 3141         (c) Revocation or suspension of the registration as a seed
 3142  dealer.
 3143         Section 145. Paragraph (b) of subsection (1) of section
 3144  580.121, Florida Statutes, is amended to read:
 3145         580.121 Penalties; duties of law enforcement officers;
 3146  injunctive relief.—
 3147         (1) The department may impose one or more of the following
 3148  penalties against any person who violates any provision of this
 3149  chapter:
 3150         (b) Imposition of an administrative fine in the Class I
 3151  category pursuant to s. 570.971 for each, by the department, of
 3152  not more than $1,000 per occurrence.
 3153  
 3154  However, the severity of the penalty imposed shall be
 3155  commensurate with the degree of risk to human or animal safety
 3156  or the level of financial harm to the consumer that is created
 3157  by the violation.
 3158         Section 146. Paragraph (a) of subsection (2) of section
 3159  581.141, Florida Statutes, is amended to read:
 3160         581.141 Certificate of registration or of inspection;
 3161  revocation and suspension; fines.—
 3162         (2) FINES; PROBATION.—
 3163         (a)1. The department may, after notice and hearing, impose
 3164  an administrative a fine in the Class II category pursuant to s.
 3165  570.971 not exceeding $5,000 or probation not exceeding 12
 3166  months, or both, for a the violation of any of the provisions of
 3167  this chapter or the rules adopted under this chapter upon a any
 3168  person, nurseryman, stock dealer, agent, or plant broker. The
 3169  fine, when paid, shall be deposited in the Plant Industry Trust
 3170  Fund.
 3171         2. The imposition of a fine or probation pursuant to this
 3172  subsection may be in addition to or in lieu of the suspension or
 3173  revocation of a certificate of registration or certificate of
 3174  inspection.
 3175         Section 147. Subsection (2) of section 581.186, Florida
 3176  Statutes, is amended to read:
 3177         581.186 Endangered Plant Advisory Council; organization;
 3178  meetings; powers and duties.—
 3179         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 3180  meetings, powers and duties, procedures, and recordkeeping of
 3181  the Endangered Plant Advisory Council shall be pursuant to s.
 3182  570.232 governed by the provisions of s. 570.0705 relating to
 3183  advisory committees established within the department.
 3184         Section 148. Paragraph (a) of subsection (3) of section
 3185  581.211, Florida Statutes, is amended to read:
 3186         581.211 Penalties for violations.—
 3187         (3)(a)1. In addition to any other provision of law, the
 3188  department may, after notice and hearing, impose an
 3189  administrative fine in the Class II category pursuant to s.
 3190  570.971 not exceeding $5,000 for each violation of this chapter,
 3191  upon a any person, nurseryman, stock dealer, agent, or plant
 3192  broker. The fine, when paid, shall be deposited in the Plant
 3193  Industry Trust Fund. In addition, the department may place the
 3194  violator on probation for up to 1 year, with conditions.
 3195         2. The imposition of a fine or probation pursuant to this
 3196  subsection may be in addition to or in lieu of the suspension or
 3197  revocation of a certificate of registration or certificate of
 3198  inspection.
 3199         Section 149. Subsection (2) of section 582.06, Florida
 3200  Statutes, is amended to read:
 3201         582.06 Soil and Water Conservation Council; powers and
 3202  duties.—
 3203         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 3204  meetings, powers and duties, procedures, and recordkeeping of
 3205  the Soil and Water Conservation Council shall be pursuant to s.
 3206  570.232 governed by the provisions of s. 570.0705 relating to
 3207  advisory committees established within the department.
 3208         Section 150. Subsection (1) of section 585.007, Florida
 3209  Statutes, is amended to read:
 3210         585.007 Violation of rules; violation of chapter.—
 3211         (1) A Any person who violates the provisions of this
 3212  chapter or any rule of the department shall be subject to the
 3213  imposition of an administrative fine in the Class III category
 3214  pursuant to s. 570.971 of up to $10,000 for each offense. Upon
 3215  repeated violation, the department may seek enforcement pursuant
 3216  to s. 120.69.
 3217         Section 151. Paragraph (a) of subsection (2) of section
 3218  586.15, Florida Statutes, is amended to read:
 3219         586.15 Penalty for violation.—
 3220         (2)(a) The department may, after notice and hearing, impose
 3221  an administrative a fine in the Class II category pursuant to s.
 3222  570.971 not exceeding $5,000 for a the violation of any of the
 3223  provisions of this chapter or the rules adopted under this
 3224  chapter upon any person. The fine, when paid, shall be deposited
 3225  in the Plant Industry Trust Fund. The imposition of a fine
 3226  pursuant to this subsection may be in addition to or in lieu of
 3227  the suspension or revocation of a permit or a certificate of
 3228  inspection or registration.
 3229         Section 152. Subsection (3) of section 586.161, Florida
 3230  Statutes, is amended to read:
 3231         586.161 Honeybee Technical Council.—
 3232         (3) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS.—The
 3233  meetings, powers and duties, procedures, and recordkeeping of
 3234  the Honeybee Technical Council shall be pursuant to s. 570.232
 3235  governed by the provisions of s. 570.0705 relating to advisory
 3236  committees established within the department.
 3237         Section 153. Subsection (3) of section 590.14, Florida
 3238  Statutes, is amended to read:
 3239         590.14 Notice of violation; penalties; legislative intent.—
 3240         (3) The department may also impose an administrative fine
 3241  in the Class I category pursuant to s. 570.971 for each, not to
 3242  exceed $1,000 per violation of any section of chapter 589 or
 3243  this chapter or violation of any rule adopted by the Florida
 3244  Forest Service to administer provisions of law conferring duties
 3245  upon the Florida Forest Service. The fine shall be based upon
 3246  the degree of damage, the prior violation record of the person,
 3247  and whether the person knowingly provided false information to
 3248  obtain an authorization. The fines shall be deposited in the
 3249  Incidental Trust Fund of the Florida Forest Service.
 3250         Section 154. Subsection (2) of section 595.701, Florida
 3251  Statutes, is amended to read:
 3252         595.701 Healthy Schools for Healthy Lives Council.—
 3253         (2) The meetings, powers, duties, procedures, and
 3254  recordkeeping of the Healthy Schools for Healthy Lives Council
 3255  shall be pursuant to s. 570.232 governed by s. 570.0705,
 3256  relating to advisory committees established within the
 3257  department.
 3258         Section 155. Subsection (2) of section 597.0041, Florida
 3259  Statutes, is amended to read:
 3260         597.0041 Prohibited acts; penalties.—
 3261         (2)(a) A Any person who violates any provision of this
 3262  chapter or any rule adopted under this chapter promulgated
 3263  hereunder is subject to a suspension or revocation of his or her
 3264  certificate of registration or license under this chapter. The
 3265  department may, in lieu of, or in addition to the suspension or
 3266  revocation, impose on the violator an administrative fine in the
 3267  Class I category pursuant to s. 570.971 for each violation, for
 3268  each day the violation exists in an amount not to exceed $1,000
 3269  per violation per day.
 3270         (b) Except as provided in subsection (4), a any person who
 3271  violates any provision of this chapter, or any rule adopted
 3272  under this chapter hereunder, commits a misdemeanor of the first
 3273  degree, punishable as provided in s. 775.082 or s. 775.083.
 3274         Section 156. Subsection (2) of section 599.002, Florida
 3275  Statutes, is amended to read:
 3276         599.002 Viticulture Advisory Council.—
 3277         (2) The meetings, powers and duties, procedures, and
 3278  recordkeeping of the Viticulture Advisory Council shall be
 3279  pursuant to s. 570.232 governed by the provisions of s. 570.0705
 3280  relating to advisory committees established within the
 3281  department.
 3282         Section 157. Section 601.67, Florida Statutes, is amended
 3283  to read:
 3284         601.67 Disciplinary action by Department of Agriculture
 3285  against citrus fruit dealers.—
 3286         (1) The Department of Agriculture may impose an
 3287  administrative a fine in the Class IV category pursuant to s.
 3288  570.971 not to exceed exceeding $50,000 for each per violation
 3289  against a any licensed citrus fruit dealer who violates for
 3290  violation of any provision of this chapter and, in lieu of, or
 3291  in addition to, such fine, may revoke or suspend the license of
 3292  any such a dealer when it has been satisfactorily shown that
 3293  such dealer, in her or his activities as a citrus fruit dealer,
 3294  has:
 3295         (a) Obtained a license by means of fraud,
 3296  misrepresentation, or concealment;
 3297         (b) Violated or aided or abetted in the violation of any
 3298  law of this state governing or applicable to citrus fruit
 3299  dealers or any lawful rules of the Department of Citrus;
 3300         (c) Been guilty of a crime against the laws of this or any
 3301  other state or government involving moral turpitude or dishonest
 3302  dealing or has become legally incompetent to contract or be
 3303  contracted with;
 3304         (d) Made, printed, published, distributed, or caused,
 3305  authorized, or knowingly permitted the making, printing,
 3306  publication, or distribution of false statements, descriptions,
 3307  or promises of such a character as to reasonably induce any
 3308  person to act to her or his damage or injury, if such citrus
 3309  fruit dealer then knew, or by the exercise of reasonable care
 3310  and inquiry could have known, of the falsity of such statements,
 3311  descriptions, or promises;
 3312         (e) Knowingly committed or been a party to any material
 3313  fraud, misrepresentation, concealment, conspiracy, collusion,
 3314  trick, scheme, or device whereby another any other person
 3315  lawfully relying upon the word, representation, or conduct of
 3316  the citrus fruit dealer has acted to her or his injury or
 3317  damage;
 3318         (f) Committed any act or conduct of the same or different
 3319  character than of that hereinabove enumerated which constitutes
 3320  fraudulent or dishonest dealing; or
 3321         (g) Violated any of the provisions of ss. 506.19-506.28,
 3322  both sections inclusive.
 3323         (2) The Department of Agriculture may impose an
 3324  administrative a fine in the Class IV category pursuant to s.
 3325  570.971 not to exceed exceeding $100,000 for each per violation
 3326  against a any person who operates as a citrus fruit dealer
 3327  without a current citrus fruit dealer license issued by the
 3328  Department of Agriculture pursuant to s. 601.60. In addition,
 3329  the Department of Agriculture may order such person to cease and
 3330  desist operating as a citrus fruit dealer without a license. An
 3331  administrative order entered by the Department of Agriculture
 3332  under this subsection may be enforced pursuant to s. 601.73.
 3333         (3) The Department of Agriculture shall impose an
 3334  administrative a fine in the Class IV category pursuant to s.
 3335  570.971 not to exceed of not less than $10,000 nor more than
 3336  $100,000 for each per violation against a any licensed citrus
 3337  fruit dealer and shall suspend, for 60 days during the first
 3338  available period between September 1 and May 31, the license of
 3339  a any citrus fruit dealer who:
 3340         (a) Falsely labels or otherwise misrepresents that a fresh
 3341  citrus fruit was grown in a specific production area specified
 3342  in s. 601.091; or
 3343         (b) Knowingly, falsely labels or otherwise misrepresents
 3344  that a processed citrus fruit product was prepared solely with
 3345  citrus fruit grown in a specific production area specified in s.
 3346  601.091.
 3347         (4) A Any fine imposed pursuant to subsection (1),
 3348  subsection (2), or subsection (3), when paid, shall be deposited
 3349  by the Department of Agriculture into its General Inspection
 3350  Trust Fund.
 3351         (5) Whenever an any administrative order has been made and
 3352  entered by the Department of Agriculture that imposes a fine
 3353  pursuant to this section, such order shall specify a time limit
 3354  for payment of the fine, not exceeding 15 days. The failure of
 3355  the citrus fruit dealer involved to pay the fine within that
 3356  time shall result in the immediate suspension of such citrus
 3357  fruit dealer’s current license, or any subsequently issued
 3358  license, until such time as the order has been fully satisfied.
 3359  An Any order suspending a citrus fruit dealer’s license shall
 3360  include a provision that the such suspension shall be for a
 3361  specified period of time not to exceed 60 days, and such period
 3362  of suspension may begin commence at any designated date within
 3363  the current license period or subsequent license period.
 3364  Whenever an order has been entered that suspends a citrus fruit
 3365  dealer’s license for a definite period of time and that license,
 3366  by law, expires during the period of suspension, the suspension
 3367  order shall continue automatically and shall be effective
 3368  against any subsequent citrus fruit dealer dealer’s license
 3369  issued to such dealer until such time as the entire period of
 3370  suspension has elapsed. Whenever any such administrative order
 3371  of the Department of Agriculture is sought to be reviewed by the
 3372  offending dealer involved in a court of competent jurisdiction,
 3373  if such court proceedings should finally terminate in such
 3374  administrative order being upheld or not quashed, such order
 3375  shall thereupon, upon the filing with the Department of
 3376  Agriculture of a certified copy of the mandate or other order of
 3377  the last court having to do with the matter in the judicial
 3378  process, become immediately effective and shall then be carried
 3379  out and enforced notwithstanding such time will be during a new
 3380  and subsequent shipping season from that during which the
 3381  administrative order was first originally entered by the
 3382  Department of Agriculture.
 3383         Section 158. Paragraph (a) of subsection (3) of section
 3384  604.30, Florida Statutes, is amended to read:
 3385         604.30 Penalties; injunctive relief; administrative fines.—
 3386         (3)(a) In addition to the penalties provided in this
 3387  section, the department may, after notice and hearing, impose an
 3388  administrative a fine in the Class II category pursuant to s.
 3389  570.971, not to exceed exceeding $2,500 for a the violation of
 3390  any of the provisions of ss. 604.15-604.34 or the rules adopted
 3391  thereunder against a any dealer in agricultural products.; Such
 3392  fine, when imposed and paid, shall be deposited by the
 3393  department into the General Inspection Trust Fund.
 3394         Section 159. Paragraph (a) of subsection (19) of section
 3395  616.242, Florida Statutes, is amended to read:
 3396         616.242 Safety standards for amusement rides.—
 3397         (19) ENFORCEMENT AND PENALTIES.—
 3398         (a) The department may deny, suspend for a period not to
 3399  exceed 1 year, or revoke a any permit or inspection certificate.
 3400  In addition to denial, suspension, or revocation, the department
 3401  may impose an administrative fine in the Class II category
 3402  pursuant to s. 570.971, not to exceed of up to $2,500 for each
 3403  per violation, for each day the violation exists per day,
 3404  against the owner of the amusement ride if it finds that:
 3405         1. An amusement ride has operated or is operating:
 3406         a. With a mechanical, structural, or electrical defect that
 3407  affects patron safety, of which the owner or manager has
 3408  knowledge, or, through the exercise of reasonable diligence,
 3409  should have knowledge;
 3410         b. In a manner or circumstance that presents a risk of
 3411  serious injury to patrons;
 3412         c. At a speed in excess of its maximum safe operating
 3413  speed;
 3414         d. In violation of this section or any rule adopted under
 3415  this section; or
 3416         e. In violation of an any order of the department or order
 3417  of any court; or.
 3418         2. A Any manager in the course of his or her duties is
 3419  under the influence of drugs or alcohol.
 3420         Section 160. This act shall take effect July 1, 2014.