Florida Senate - 2014                      CS for CS for SB 1630
       
       
        
       By the Committees on Transportation; and Agriculture; and
       Senator Montford
       
       
       
       
       596-03275-14                                          20141630c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 282.709, F.S.; adding a
    4         representative to the Joint Task Force on State Agency
    5         Law Enforcement Communications, to be appointed by the
    6         Commissioner of Agriculture; transferring,
    7         renumbering, and amending s. 570.0741, F.S., relating
    8         to the energy efficiency and conservation
    9         clearinghouse; deleting an obsolete provision;
   10         amending s. 379.361, F.S.; requiring a person to
   11         retake an educational seminar when renewing an
   12         Apalachicola Bay oyster harvesting license; amending
   13         s. 487.041, F.S.; requiring a registrant to continue
   14         the registration of a brand of pesticide that
   15         continues to remain on retailers’ shelves in this
   16         state under certain circumstances; amending ss.
   17         487.046 and 487.048, F.S.; authorizing applications
   18         for certain licenses to be submitted through the
   19         department’s website; amending s. 487.159, F.S.;
   20         deleting the requirements for filing statements
   21         claiming damages and injuries from pesticide
   22         application; amending s. 487.160, F.S.; requiring all
   23         licensed private applicators to keep the same records
   24         as licensed public applicators and licensed commercial
   25         applicators with respect to the application of
   26         restricted pesticides; amending s. 487.2031, F.S.;
   27         revising the term “material safety data sheet”;
   28         amending s. 487.2051, F.S.; revising requirements for
   29         pesticide fact sheets and safety data sheets; amending
   30         s. 493.6120, F.S.; authorizing the department to
   31         impose certain civil penalties for violations relating
   32         to private security, investigative, and repossession
   33         services; transferring and renumbering s. 570.545,
   34         F.S., relating to unsolicited goods; amending s.
   35         500.03, F.S.; revising the definition of the term
   36         “food establishment”; amending s. 500.12, F.S.;
   37         revising the exemption from permit requirements for
   38         minor food outlets; requiring an establishment to
   39         apply for and receive a permit prior to the
   40         commencement of operations; requiring the department
   41         to adopt a schedule of fees to be paid by each food
   42         establishment and retail food store; providing that
   43         food permits are not transferable; updating
   44         terminology; amending s. 500.121, F.S.; authorizing
   45         the department to order the immediate closure of
   46         certain establishments upon determination that the
   47         establishment presents a severe and immediate threat
   48         to the public health, safety, and welfare; specifying
   49         the procedure the department must use in ordering
   50         immediate closure; conforming provisions to changes
   51         made by the act; providing criminal penalties;
   52         authorizing the department to adopt rules; amending s.
   53         500.147, F.S.; authorizing the department to inspect
   54         food records to facilitate tracing of food products in
   55         certain circumstances; amending s. 500.165, F.S.;
   56         revising the administrative fine amount for violating
   57         provisions relating to transporting shipments of food
   58         items; amending s. 500.172, F.S.; authorizing the
   59         department to issue and enforce a stop-sale, stop-use,
   60         removal, or hold order for certain food-processing or
   61         food storage areas; amending s. 501.019, F.S.;
   62         revising the administrative fine amount for violations
   63         relating to health studios; amending s. 501.059, F.S.;
   64         authorizing the department to adopt rules; conforming
   65         provisions to changes made by the act; amending s.
   66         501.922, F.S.; revising the administrative fine amount
   67         for certain violations relating to the “Antifreeze
   68         Act”; transferring, renumbering, and amending s.
   69         570.42, F.S., relating to the Dairy Industry Technical
   70         Council; conforming a cross-reference; creating part I
   71         of ch. 570, F.S., entitled “General Provisions”;
   72         renumbering and amending s. 570.14, F.S., relating to
   73         the seal of the department; restricting the seal of
   74         the department from being used without written
   75         approval by the department; renumbering ss. 570.18 and
   76         570.16, F.S., relating to organization of departmental
   77         work and the interference with department employees,
   78         respectively; amending s. 570.07, F.S.; conforming a
   79         cross-reference; transferring and renumbering ss.
   80         570.17 and 570.531, F.S., relating to the regulatory
   81         work of the state relating to the protection of
   82         agricultural interests and the Market Improvements
   83         Working Capital Trust Fund, respectively; amending s.
   84         570.23, F.S.; conforming a cross-reference;
   85         renumbering s. 570.0705, F.S., relating to advisory
   86         committees; creating part II of ch. 570, F.S.,
   87         entitled “Program Services”; amending s. 570.36, F.S.;
   88         making a technical change; amending s. 570.44, F.S.;
   89         revising the duties of the Division of Agricultural
   90         Environmental Services; amending s. 570.45, F.S.;
   91         conforming provisions to changes made by the act;
   92         amending s. 570.451, F.S.; conforming a cross
   93         reference; amending ss. 570.50 and 570.51, F.S.;
   94         conforming provisions to changes made by the act;
   95         amending s. 570.543, F.S.; conforming a cross
   96         reference; renumbering s. 570.073, F.S., relating to
   97         the Office of Agricultural Law Enforcement;
   98         renumbering and amending s. 570.074, F.S.; requiring
   99         the Office of Agricultural and Water Policy to enforce
  100         and implement ch. 582, F.S., and rules relating to
  101         soil and water conservation; creating s. 570.67, F.S.;
  102         codifying the creation of the Office of Energy;
  103         providing for management and specifying duties;
  104         renumbering s. 570.951, F.S., relating to the Florida
  105         Agriculture Center and Horse Park; renumbering and
  106         amending s. 570.952, F.S., relating to the Florida
  107         Agricultural Center and Horse Park Authority;
  108         conforming provisions to changes made by the act;
  109         deleting obsolete provisions; renumbering s. 570.953,
  110         F.S., relating to the identity of donors to the
  111         Florida Agriculture Center and Horse Park Authority;
  112         renumbering and amending s. 570.902, F.S., relating to
  113         definitions; conforming provisions to changes made by
  114         the act; renumbering ss. 570.903, 570.901, and 570.91,
  115         F.S., relating to direct-support organizations, the
  116         Florida Agricultural Museum, and Florida agriculture
  117         in the classroom, respectively; creating part III of
  118         ch. 570, F.S., entitled “Agricultural Development”;
  119         amending s. 570.71, F.S.; authorizing the department
  120         to use certain funds for administrative and operating
  121         expenses related to appraisals, mapping, title
  122         process, personnel, and other real estate expenses;
  123         renumbering s. 570.241, F.S., relating to the
  124         Agricultural Economic Development Act; renumbering and
  125         amending s. 570.242, F.S., relating to the
  126         Agricultural Economic Development Act; removing the
  127         definition of the terms “commissioner” and
  128         “department”; renumbering ss. 570.243, 570.244,
  129         570.245, 570.246, F.S., relating to the Agricultural
  130         Economic Development Program, the powers of the
  131         department, interaction with other economic
  132         development agencies and groups, and agricultural
  133         economic development funding, respectively;
  134         renumbering and amending s. 570.247, F.S., relating to
  135         certain department rules; deleting obsolete
  136         provisions; renumbering ss. 570.248 and 570.249, F.S.,
  137         relating to the Agricultural Economic Development and
  138         Project Review Committee and disaster loans and grants
  139         and aid, respectively; renumbering and amending s.
  140         570.9135, F.S., relating to the Beef Market
  141         Development Act; conforming cross-references; making
  142         technical changes; renumbering ss. 570.954 and 570.96,
  143         F.S., relating to the farm-to-fuel initiative and
  144         agritourism, respectively; renumbering and amending s.
  145         570.961, F.S., relating to definitions; conforming
  146         cross-references; renumbering s. 570.962, F.S.,
  147         relating to agritourism participation impact on land
  148         classification; renumbering and amending s. 570.963,
  149         F.S., relating to liability; conforming a cross
  150         reference; renumbering and amending s. 570.964, F.S.,
  151         relating to posting and notification requirements for
  152         agritourism operators; conforming provisions to
  153         changes made by the act; creating part IV of ch. 570,
  154         F.S., entitled “Agricultural Water Policy”;
  155         renumbering s. 570.075, F.S., relating to water supply
  156         agreements; renumbering and amending s. 570.076, F.S.,
  157         relating to Environmental Stewardship Certification;
  158         conforming a cross-reference; renumbering ss. 570.085
  159         and 570.087, F.S., relating to agricultural water
  160         conservation and agricultural water supply planning
  161         and best management practices for wildlife,
  162         respectively; creating part V of ch. 570, F.S.,
  163         entitled “Penalties”; creating s. 570.971, F.S.;
  164         providing administrative fines and civil penalties;
  165         authorizing the department to refuse to issue or renew
  166         a license, permit, authorization, certificate, or
  167         registration under certain circumstances; authorizing
  168         the department to adopt rules; amending s. 576.021,
  169         F.S.; updating terminology; authorizing applications
  170         for registration for specialty fertilizers to be
  171         submitted using the department’s website; making
  172         technical changes; amending s. 576.031, F.S.; revising
  173         labeling requirements for distribution of fertilizer
  174         in bulk; amending s. 576.041, F.S.; removing surety
  175         bond and certificate of deposit requirements for
  176         fertilizer license applicants; amending s. 576.051,
  177         F.S.; extending the period of retention for an
  178         official check sample; amending s. 576.061, F.S.;
  179         deleting the penalty imposed when it is determined by
  180         the department that a fertilizer has been distributed
  181         without being licensed or registered, or without
  182         labeling; conforming provisions to changes made by the
  183         act; making technical changes; amending s. 576.071,
  184         F.S.; requiring the department to survey the
  185         fertilizer industry of this state to determine the
  186         commercial value used in assessing penalties for a
  187         deficiency; amending s. 576.087, F.S.; deleting
  188         certain requirements relating to antisiphon devices;
  189         amending s. 576.101, F.S.; deleting the department’s
  190         authorization to place a licensee on probationary
  191         status under certain circumstances; amending s.
  192         578.08, F.S.; deleting the requirement that the
  193         application for registration as a seed dealer include
  194         the name and location of each place of business at
  195         which the seed is sold, distributed, offered, exposed,
  196         or handled for sale; requiring the application to be
  197         made by submitting a form prescribed by department
  198         rule or using the department’s website; establishing a
  199         registration fee for receipts of certain amounts;
  200         amending s. 580.036, F.S.; requiring that standards
  201         for the sale, use, and distribution of commercial feed
  202         or feedstuff, if adopted, be developed in consultation
  203         with the Agricultural Feed, Seed, and Fertilizer
  204         Advisory Council; amending s. 580.041, F.S.; removing
  205         the requirement that the master registration form for
  206         each distributor of commercial feed identify the
  207         manufacturer’s or guarantor’s name and place of
  208         business and the location of each manufacturing
  209         facility; revising the requirement that the department
  210         must mail a copy of the master registration in order
  211         to signify that the administrative requirements have
  212         been met; amending s. 580.071, F.S.; providing
  213         additional factors that would make a commercial feed
  214         or feedstuff be deemed adulterated; amending s.
  215         581.091, F.S.; deleting the definition of the term
  216         “commercial citrus grove”; deleting provisions
  217         relating to special permits authorizing a person to
  218         plant Casuarina cunninghamiana as part of a pilot
  219         program; eliminating a requirement that the department
  220         develop and implement a monitoring protocol to
  221         determine invasiveness of Casuarina cunninghamiana;
  222         amending s. 581.131, F.S.; revising the time in which
  223         the department must provide certain notice and
  224         certificate renewal forms; amending s. 583.01, F.S.;
  225         redefining the term “dealer”; transferring,
  226         renumbering, and amending s. 570.38, F.S., relating to
  227         the Animal Industry Technical Council; conforming a
  228         cross-reference; amending s. 589.08, F.S.; requiring
  229         the Florida Forest Service to pay a certain percentage
  230         of the gross receipts from the Goethe State Forest to
  231         each fiscally constrained county; requiring such funds
  232         to be equally divided between the board of county
  233         commissioners and the school board; amending s.
  234         589.011, F.S.; providing conditions under which the
  235         Florida Forest Service is authorized to grant use of
  236         certain lands; providing criteria by which the Florida
  237         Forest Service determines certain fees, rentals, and
  238         charges; amending s. 589.20, F.S.; authorizing the
  239         Florida Forest Service to cooperate with water
  240         management districts, municipalities, and other
  241         governmental entities; amending s. 590.02, F.S.;
  242         renaming the Florida Center for Wildfire and Forest
  243         Resources Management Training as the Withlacoochee
  244         Training Center; making technical changes; amending s.
  245         590.125, F.S.; providing that new authorization is not
  246         required for smoldering that occurs within the
  247         authorized burn area unless new ignitions are
  248         conducted by certain persons; providing that
  249         monitoring the smoldering activity of a burn does not
  250         require an additional authorization; transferring and
  251         renumbering s. 570.0725, F.S., relating to food
  252         recovery; amending s. 597.003, F.S.; amending the
  253         powers and duties of the department to include
  254         providing training as necessary to lessees of certain
  255         lands for aquaculture use; amending s. 597.004, F.S.;
  256         requiring an applicant for an aquaculture certificate
  257         to submit a certificate of training if required;
  258         amending s. 597.020, F.S.; authorizing the department
  259         to adopt training requirements for shellfish
  260         processors by rule; transferring and renumbering ss.
  261         570.481 and 570.55, F.S., relating to food recovery,
  262         fruit and vegetable inspection fees, and
  263         identification of sellers or handlers of tropical or
  264         subtropical fruit and vegetables, respectively;
  265         amending s. 604.16, F.S.; providing an exemption for
  266         certain dealers in agricultural products from certain
  267         requirements; amending s. 604.22, F.S.; revising
  268         certain penalties for dealers in agricultural
  269         products; repealing s. 487.172, F.S., relating to an
  270         educational program for organotin compounds in
  271         antifouling paints; repealing ss. 500.301, 500.302,
  272         500.303, 500.304, 500.305, 500.306, F.S., relating to
  273         the standards of enrichment, sales, enforcement, and
  274         inspection of certain grain products; repealing s.
  275         500.601, F.S., relating to the retail sale of meat;
  276         repealing s. 570.345, F.S., relating to the Pest
  277         Control Compact; repealing s. 570.542, F.S., relating
  278         to the Florida Consumer Services Act; repealing s.
  279         570.72, F.S., relating to a definition; repealing s.
  280         570.92, F.S., relating to an equestrian educational
  281         sports program; repealing s. 589.081, F.S., relating
  282         to the Withlacoochee State Forest and Goethe State
  283         Forest; repealing s. 590.091, F.S., relating to the
  284         designation of railroad rights-of-way as wildfire
  285         hazard areas; amending ss. 193.461, 253.74, 288.1175,
  286         320.08058, 373.621, 373.709, 381.0072, 388.46,
  287         472.0351, 472.036, 482.161, 482.165, 482.243, 487.047,
  288         487.091, 487.175, 493.6118, 496.420, 500.70, 501.612,
  289         501.619, 502.231, 507.09, 507.10, 509.032, 525.16,
  290         526.311, 526.55, 527.13, 531.50, 534.52, 539.001,
  291         559.921, 559.9355, 559.936, 571.11, 571.28, 571.29,
  292         578.181, 580.121, 581.141, 581.186, 581.211, 582.06,
  293         585.007, 586.15, 586.161, 590.14, 595.701, 597.0041,
  294         599.002, 601.67, 604.30, 616.242, F.S.; conforming
  295         provisions to changes made by the act; providing an
  296         effective date.
  297          
  298  Be It Enacted by the Legislature of the State of Florida:
  299  
  300         Section 1. Paragraph (a) of subsection (2) of section
  301  282.709, Florida Statutes, is amended to read:
  302         282.709 State agency law enforcement radio system and
  303  interoperability network.—
  304         (2) The Joint Task Force on State Agency Law Enforcement
  305  Communications is created adjunct to the department to advise
  306  the department of member-agency needs relating to the planning,
  307  designing, and establishment of the statewide communication
  308  system.
  309         (a) The Joint Task Force on State Agency Law Enforcement
  310  Communications shall consist of the following members:
  311         1. A representative of the Division of Alcoholic Beverages
  312  and Tobacco of the Department of Business and Professional
  313  Regulation who shall be appointed by the secretary of the
  314  department.
  315         2. A representative of the Division of Florida Highway
  316  Patrol of the Department of Highway Safety and Motor Vehicles
  317  who shall be appointed by the executive director of the
  318  department.
  319         3. A representative of the Department of Law Enforcement
  320  who shall be appointed by the executive director of the
  321  department.
  322         4. A representative of the Fish and Wildlife Conservation
  323  Commission who shall be appointed by the executive director of
  324  the commission.
  325         5. A representative of the Department of Corrections who
  326  shall be appointed by the secretary of the department.
  327         6. A representative of the Division of State Fire Marshal
  328  of the Department of Financial Services who shall be appointed
  329  by the State Fire Marshal.
  330         7. A representative of the Department of Transportation who
  331  shall be appointed by the secretary of the department.
  332         8. A representative of the Department of Agriculture and
  333  Consumer Services who shall be appointed by the Commissioner of
  334  Agriculture.
  335         Section 2. Section 570.0741, Florida Statutes, is
  336  transferred, renumbered as section 377.805, Florida Statutes,
  337  and amended to read:
  338         377.805 570.0741 Energy efficiency and conservation
  339  clearinghouse.—The Office of Energy within the Department of
  340  Agriculture and Consumer Services, in consultation with the
  341  Public Service Commission, the Florida Building Commission, and
  342  the Florida Energy Systems Consortium, shall develop a
  343  clearinghouse of information regarding cost savings associated
  344  with various energy efficiency and conservation measures. The
  345  Department of Agriculture and Consumer Services shall post the
  346  information on its website by July 1, 2013.
  347         Section 3. Paragraph (e) of subsection (5) of section
  348  379.361, Florida Statutes, is amended to read:
  349         379.361 Licenses.—
  350         (5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.—
  351         (e) Each person who applies for an Apalachicola Bay oyster
  352  harvesting license shall, before receiving the license for the
  353  first time, attend an educational seminar of not more than 16
  354  hours length, developed and conducted jointly by the Department
  355  of Environmental Protection’s Apalachicola National Estuarine
  356  Research Reserve, the Division of Law Enforcement of the Fish
  357  and Wildlife Conservation Commission, and the Department of
  358  Agriculture and Consumer Services’ Apalachicola District
  359  Shellfish Environmental Assessment Laboratory. The seminar shall
  360  address, among other things, oyster biology, conservation of the
  361  Apalachicola Bay, sanitary care of oysters, small business
  362  management, and water safety. The seminar shall be offered five
  363  times per year, and each person attending shall receive a
  364  certificate of participation to present when obtaining an
  365  Apalachicola Bay oyster harvesting license. The educational
  366  seminar is not required for renewal of an Apalachicola Bay
  367  oyster harvesting license.
  368         Section 4. Paragraph (d) of subsection (3) of section
  369  487.041, Florida Statutes, is amended to read:
  370         487.041 Registration.—
  371         (3) The department, in addition to its other duties under
  372  this section, has the power to:
  373         (d) Require a registrant to continue the registration of a
  374  brand of pesticide that remains on retailers’ shelves in the
  375  state unless the department receives the registrant’s written
  376  notification that it is discontinuing the distribution of the
  377  brand of pesticide and the registrant then maintains the
  378  registration of that brand for a minimum of 2 years. The
  379  discontinued brand of pesticide may remain on retailers shelves
  380  without further registration if the brand of pesticide is not
  381  distributed by the registrant in the state during or after the
  382  minimum 2-year period who discontinues the distribution of a
  383  brand of pesticide in this state to continue the registration of
  384  the brand of the pesticide for a minimum of 2 years or until no
  385  more remains on retailers’ shelves if such continued
  386  registration or sale is not specifically prohibited by the
  387  department or the United States Environmental Protection Agency.
  388         Section 5. Subsection (1) of section 487.046, Florida
  389  Statutes, is amended to read:
  390         487.046 Application; licensure.—
  391         (1) An application for a license shall be filed with made
  392  in writing to the department by using on a form prescribed
  393  furnished by the department or by using the department’s
  394  website. Each application shall contain information regarding
  395  the applicant’s qualifications, proposed operations, and license
  396  classification or subclassifications, as prescribed by rule.
  397         Section 6. Subsection (1) of section 487.048, Florida
  398  Statutes, is amended to read:
  399         487.048 Dealer’s license; records.—
  400         (1) Each person holding or offering for sale, selling, or
  401  distributing restricted-use pesticides must shall obtain a
  402  dealer’s license from the department. An application for a the
  403  license shall be filed with the department by using made on a
  404  form prescribed by the department or by using the department’s
  405  website. The license must be obtained before entering into
  406  business or transferring ownership of a business. The department
  407  may require examination or other proof of competency of
  408  individuals to whom licenses are issued or of individuals
  409  employed by persons to whom licenses are issued. Demonstration
  410  of continued competency may be required for license renewal, as
  411  set by rule. The license shall be renewed annually as provided
  412  by rule. An annual license fee not exceeding $250 shall be
  413  established by rule. However, a user of a restricted-use
  414  pesticide may distribute unopened containers of a properly
  415  labeled pesticide to another user who is legally entitled to use
  416  that restricted-use pesticide without obtaining a pesticide
  417  dealer’s license. The exclusive purpose of distribution of the
  418  restricted-use pesticide is to keep it from becoming a hazardous
  419  waste as defined in s. 403.703(13).
  420         Section 7. Section 487.159, Florida Statutes, is amended to
  421  read:
  422         487.159 Damage or injury to property, animal, or person;
  423  mandatory report of damage or injury; time for filing; failure
  424  to file.—
  425         (1) The person claiming damage or injury to property,
  426  animal, or human beings from application of a pesticide shall
  427  file with the department a written statement claiming damages,
  428  on a form prescribed by the department, within 48 hours after
  429  the damage or injury becomes apparent. The statement shall
  430  contain, but shall not be limited to, the name of the person
  431  responsible for the application of the pesticide, the name of
  432  the owner or lessee of the land on which the crop is grown and
  433  for which the damages are claimed, and the date on which it is
  434  alleged that the damages occurred. The department shall
  435  investigate the alleged damages and notify all concerned parties
  436  of its findings. If the findings reveal a violation of the
  437  provisions of this part, the department shall determine an
  438  appropriate penalty, as provided in this part. The filing of a
  439  statement or the failure to file such a statement need not be
  440  alleged in any complaint which might be filed in a court of law,
  441  and the failure to file the statement shall not be considered
  442  any bar to the maintenance of any criminal or civil action.
  443         (1)(2)A It is the duty of any licensee shall to report
  444  unreasonable adverse effects on the environment or damage to
  445  property or injury to human beings, animals, plants, or other
  446  property a person as the result of the application of a
  447  restricted-use pesticide by the licensee or by an applicator or
  448  mixer-loader under the licensee’s direct supervision, if and
  449  when the licensee has knowledge of such damage or injury. It is
  450  also the express intent of this section to require all
  451  Physicians shall to report all pesticide-related illnesses or
  452  injuries to the nearest county health department, which shall
  453  will notify the department so that the department may establish
  454  a pesticide incident monitoring system within the Division of
  455  Agricultural Environmental Services.
  456         (2)(3) When damage or injury to human beings, animals,
  457  plants, or other property as the result of the application of a
  458  restricted-use pesticide is alleged to have been done, the
  459  person claiming such damage or injury claimant shall allow
  460  permit the licensee and the licensee’s representatives to
  461  observe within a reasonable amount of time hours the alleged
  462  damage or injury in order that the damage or injury may be
  463  examined. The failure of the person claiming such damage or
  464  injury claimant to allow permit observation and examination of
  465  the alleged damage or injury shall automatically bar the claim
  466  against the licensee.
  467         Section 8. Section 487.160, Florida Statutes, is amended to
  468  read:
  469         487.160 Records.—Licensed private applicators, supervising
  470  15 or more unlicensed applicators or mixer-loaders and licensed
  471  public applicators, and licensed commercial applicators shall
  472  maintain records as the department may determine by rule with
  473  respect to the application of restricted pesticides, including,
  474  but not limited to, the type and quantity of pesticide, method
  475  of application, crop treated, and dates and location of
  476  application. Other licensed private applicators shall maintain
  477  records as the department may determine by rule with respect to
  478  the date, type, and quantity of restricted-use pesticides used.
  479  Licensees shall keep records for a period of 2 years from the
  480  date of the application of the pesticide to which the records
  481  refer, and shall furnish to the department a copy of the records
  482  upon written request by the department.
  483         Section 9. Present subsection (8) of section 487.2031,
  484  Florida Statutes, is redesignated as subsection (7), and present
  485  subsection (7) of that section is amended to read:
  486         487.2031 Definitions.—For the purposes of this part, the
  487  term:
  488         (8)(7) “Material Safety data sheet” means written,
  489  electronic, or printed material concerning an agricultural
  490  pesticide that sets forth the following information:
  491         (a) The chemical name and the common name of the
  492  agricultural pesticide.
  493         (b) The hazards or other risks in the use of the
  494  agricultural pesticide, including:
  495         1. The potential for fire, explosions, corrosivity, and
  496  reactivity.
  497         2. The known acute health effects and chronic health
  498  effects of exposure to the agricultural pesticide, including
  499  those medical conditions that are generally recognized as being
  500  aggravated by exposure to the agricultural pesticide.
  501         3. The primary routes of entry and symptoms of
  502  overexposure.
  503         (c) The proper handling practices, necessary personal
  504  protective equipment, and other proper or necessary safety
  505  precautions in circumstances that involve the use of or exposure
  506  to the agricultural pesticide, including appropriate emergency
  507  treatment in case of overexposure.
  508         (d) The emergency procedures for spills, fire, disposal,
  509  and first aid.
  510         (e) A description of the known specific potential health
  511  risks posed by the agricultural pesticide, which is written in
  512  lay terms and is intended to alert a any person who reads the
  513  information.
  514         (f) The year and month, if available, that the information
  515  was compiled and the name, address, and emergency telephone
  516  number of the manufacturer responsible for preparing the
  517  information.
  518         Section 10. Section 487.2051, Florida Statutes, is amended
  519  to read:
  520         487.2051 Availability of agricultural pesticide information
  521  to workers and medical personnel.—
  522         (1) An agricultural employer shall make available
  523  agricultural pesticide information concerning any agricultural
  524  pesticide to a any worker:
  525         (a) Who enters an agricultural-pesticide-treated area on an
  526  agricultural establishment where:
  527         1. An agricultural pesticide has been applied within 30
  528  days of that entry; or
  529         2. A restricted-entry interval has been in effect; or
  530         (b) Who may be exposed to the agricultural pesticide during
  531  normal conditions of use or in a foreseeable emergency.
  532         (2) The agricultural pesticide information provided
  533  pursuant to subsection (1) must be in the form of a fact sheet
  534  or a material safety data sheet. The agricultural employer shall
  535  provide a written copy of the information provided pursuant to
  536  subsection (1) within 2 working days after a request for the
  537  information by a worker or a designated representative. In the
  538  case of a pesticide-related medical emergency, the agricultural
  539  employer shall provide a written copy of the information
  540  promptly upon the request of the worker, the designated
  541  representative, or medical personnel treating the worker.
  542         (3) Upon the initial purchase of a product and with the
  543  first purchase after the fact sheet or material safety data
  544  sheet is updated, the distributor, manufacturer, or importer of
  545  agricultural pesticides shall obtain or develop and provide each
  546  direct purchaser of an agricultural pesticide with a fact sheet
  547  or material safety data sheet. If the fact sheet or material
  548  safety data sheet or fact sheet for the agricultural pesticide
  549  is not available when the agricultural pesticide is purchased,
  550  the agricultural employer shall take appropriate and timely
  551  steps to obtain the fact sheet or material safety data sheet or
  552  fact sheet from the distributor, the manufacturer, the
  553  department, a federal agency, or another distribution source.
  554         (4) The department shall produce and make available to a
  555  trainer a one-page general agricultural pesticide safety sheet.
  556  The pesticide safety sheet must be in a language understandable
  557  to the worker and must include, but need not be limited to,
  558  illustrated instructions on preventing agricultural pesticide
  559  exposure and toll-free telephone numbers to the Florida Poison
  560  Control Centers. The trainer shall provide the pesticide safety
  561  sheet to the worker pursuant to the United States Environmental
  562  Protection Agency Worker Protection Standard, 40 C.F.R. s.
  563  170.130.
  564         Section 11. Subsections (3) and (5) of section 493.6120,
  565  Florida Statutes, are amended to read:
  566         493.6120 Violations; penalty.—
  567         (3) Except as otherwise provided in this chapter, a person
  568  who violates any provision of this chapter except subsection (7)
  569  commits a misdemeanor of the first degree, punishable as
  570  provided in s. 775.082 or s. 775.083. The department may also
  571  seek the imposition of a civil penalty in the Class II category
  572  pursuant to s. 570.971 upon a withholding of adjudication of
  573  guilt or an adjudication of guilt in a criminal case.
  574         (5) A person who violates or disregards a cease and desist
  575  order issued by the department commits a misdemeanor of the
  576  first degree, punishable as provided in s. 775.082 or s.
  577  775.083. In addition, the department may seek the imposition of
  578  a civil penalty in the Class II category pursuant to s. 570.971
  579  not to exceed $5,000.
  580         Section 12. Section 570.545, Florida Statutes, is
  581  transferred and renumbered as section 501.0113, Florida
  582  Statutes.
  583         Section 13. Paragraph (p) of subsection (1) of section
  584  500.03, Florida Statutes, is amended to read:
  585         500.03 Definitions; construction; applicability.—
  586         (1) For the purpose of this chapter, the term:
  587         (p) “Food establishment” means a any factory, food outlet,
  588  or any other facility manufacturing, processing, packing,
  589  holding, or preparing food or selling food at wholesale or
  590  retail. The term does not include any business or activity that
  591  is regulated under s. 413.051, s. 500.80, chapter 509, or
  592  chapter 601. The term includes tomato packinghouses and
  593  repackers but does not include any other establishments that
  594  pack fruits and vegetables in their raw or natural states,
  595  including those fruits or vegetables that are washed, colored,
  596  or otherwise treated in their unpeeled, natural form before they
  597  are marketed.
  598         Section 14. Paragraphs (a) and (b) of subsection (1) and
  599  subsection (8) of section 500.12, Florida Statutes, are amended
  600  to read:
  601         500.12 Food permits; building permits.—
  602         (1)(a) A food permit from the department is required of a
  603  any person who operates a food establishment or retail food
  604  store, except:
  605         1. Persons operating minor food outlets, including, but not
  606  limited to, video stores, that sell food that is commercially
  607  prepackaged, not potentially hazardous, and not time or
  608  temperature controlled for safety if, nonpotentially hazardous
  609  candy, chewing gum, soda, or popcorn, provided the shelf space
  610  for those items does not exceed 12 total linear feet and no
  611  other food is sold by the minor food outlet.
  612         2. Persons subject to continuous, onsite federal or state
  613  inspection.
  614         3. Persons selling only legumes in the shell, either
  615  parched, roasted, or boiled.
  616         4. Persons selling sugar cane or sorghum syrup that has
  617  been boiled and bottled on a premise located within the state.
  618  Such bottles must contain a label listing the producer’s name
  619  and street address, all added ingredients, the net weight or
  620  volume of the product, and a statement that reads: “This product
  621  has not been produced in a facility permitted by the Florida
  622  Department of Agriculture and Consumer Services.”
  623         (b) Each food establishment and retail food store regulated
  624  under this chapter must apply for and receive a food permit
  625  before operation begins. An application for a food permit from
  626  the department must be accompanied by a fee in an amount
  627  determined by department rule. The department shall adopt by
  628  rule a schedule of fees, which may not exceed $650, to be paid
  629  by each food establishment and retail food store as a condition
  630  of issuance or renewal of a food permit. Such fees and shall be
  631  used solely for the recovery of costs for the services provided,
  632  except that the fee accompanying an application for a food
  633  permit for operating a bottled water plant may not exceed $1,000
  634  and the fee accompanying an application for a food permit for
  635  operating a packaged ice plant may not exceed $250. The fee for
  636  operating a bottled water plant or a packaged ice plant shall be
  637  set by rule of the department. Food permits are not transferable
  638  from one person or physical location to another. Food permits
  639  must be renewed annually on or before January 1. If an
  640  application for renewal of a food permit is not received by the
  641  department within 30 days after its due date, a late fee, in an
  642  amount not exceeding $100, must be paid in addition to the food
  643  permit fee before the department may issue the food permit. The
  644  moneys collected shall be deposited in the General Inspection
  645  Trust Fund.
  646         (8) A Any person who, after October 1, 2000, applies for or
  647  renews a local business tax certificate occupational license to
  648  engage in business as a food establishment or retail food store
  649  must exhibit a current food permit or an active letter of
  650  exemption from the department before the local business tax
  651  certificate occupational license may be issued or renewed.
  652         Section 15. Subsections (1) through (3) of section 500.121,
  653  Florida Statutes, are amended, and subsection (7) is added to
  654  that section, to read:
  655         500.121 Disciplinary procedures.—
  656         (1) In addition to the suspension procedures provided in s.
  657  500.12, if applicable, the department may impose an
  658  administrative fine in the Class II category pursuant to s.
  659  570.971 a fine not to exceed $5,000 against any retail food
  660  store, food establishment, or cottage food operation that
  661  violates this chapter, which fine, when imposed and paid, shall
  662  be deposited by the department into the General Inspection Trust
  663  Fund. The department may revoke or suspend the permit of any
  664  such retail food store or food establishment if it is satisfied
  665  that the retail food store or food establishment has:
  666         (a) Violated any of the provisions of this chapter.
  667         (b) Violated, or aided or abetted in the violation of, any
  668  law of this state or department rule relating governing or
  669  applicable to retail food stores or food establishments or any
  670  lawful rules of the department.
  671         (c) Knowingly committed, or been a party to, any material
  672  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
  673  or device whereby another any other person, lawfully relying
  674  upon the word, representation, or conduct of a retail food store
  675  or food establishment, acts to her or his injury or damage.
  676         (d) Committed any act or conduct of the same or different
  677  character than that enumerated which constitutes fraudulent or
  678  dishonest dealing.
  679         (2) A Any manufacturer, processor, packer, or distributor
  680  who misrepresents or mislabels the country of origin of any food
  681  may, in addition to any penalty provided in this chapter, be
  682  subject to an additional administrative fine in the Class II
  683  category pursuant to s. 570.971 for each of up to $10,000 per
  684  violation.
  685         (3) An Any administrative order made and entered by the
  686  department imposing a fine pursuant to this section shall
  687  specify the amount of the fine and the time limit for payment
  688  thereof, not exceeding 21 15 days, and, upon failure of the
  689  permitholder to pay the fine within that time, the permit is
  690  subject to suspension or revocation.
  691         (7) The department may determine that a food establishment
  692  regulated under this chapter requires immediate closure when the
  693  food establishment fails to comply with this chapter or rules
  694  adopted under this chapter and presents an imminent threat to
  695  the public health, safety, and welfare. The department may
  696  accept inspection results from other state and local building
  697  officials and other regulatory agencies as justification for
  698  such action. The department shall, upon such a determination,
  699  issue an immediate final order to close a food establishment as
  700  follows:
  701         (a) The division director or designee shall determine that
  702  the continued operation of a food establishment presents an
  703  immediate danger to the public health, safety, and welfare.
  704         (b) Upon such determination, the department shall issue an
  705  immediate final order directing the owner or operator of the
  706  food establishment to cease operation and close the food
  707  establishment. The department shall serve the order upon the
  708  owner or operator of the food establishment, or agent thereof.
  709  The department may attach a closed-for-operation sign to the
  710  food establishment while the order remains in place.
  711         (c) The department shall inspect the food establishment
  712  within 24 hours after the issuance of the order. Upon a
  713  determination that the food establishment has met the applicable
  714  requirements to resume operations, the department shall serve a
  715  release upon the owner or operator of the food establishment, or
  716  agent thereof.
  717         (d) A food establishment ordered by the department to cease
  718  operation and close under this section shall remain closed until
  719  released by the department or by a judicial order to reopen.
  720         (e) It is a misdemeanor of the second degree, punishable as
  721  provided in s. 775.082 or s. 775.083, for a person to deface or
  722  remove a closed-for-operation sign placed on a food
  723  establishment by the department or for the owner or operator of
  724  a food establishment to resist closure of the establishment by
  725  the department. The department may impose administrative
  726  sanctions for violations of this paragraph.
  727         (f) The department may adopt rules to administer this
  728  subsection.
  729         Section 16. Subsection (1) of section 500.147, Florida
  730  Statutes, is amended to read:
  731         500.147 Inspection of food establishments, food records,
  732  and vehicles.—
  733         (1) The department or its duly authorized agent shall have
  734  free access at all reasonable hours to a any food establishment,
  735  food record, or any vehicle being used to transport or hold food
  736  in commerce for the purpose of inspecting such establishment,
  737  record, or vehicle to determine whether if any provision of this
  738  chapter or any rule adopted under this the chapter is being
  739  violated; to secure a sample or a specimen of any food after
  740  paying or offering to pay for such sample; to see that all
  741  sanitary rules adopted by the department are complied with; to
  742  facilitate tracing of food products in the event of a food-borne
  743  illness outbreak or the identification of an adulterated or
  744  misbranded food item; or to enforce the special-occupancy
  745  provisions of the Florida Building Code which apply to food
  746  establishments.
  747         Section 17. Subsection (3) of section 500.165, Florida
  748  Statutes, is amended to read:
  749         500.165 Transporting shipments of food items; rules;
  750  penalty.—
  751         (3) A Any person who violates subsection (1) or the rules
  752  adopted under subsection (2) is subject to an administrative
  753  fine in the class III category pursuant to s. 570.971 for each
  754  not to exceed $50,000 per violation. In addition, a any person
  755  who violates subsection (1) commits is guilty of a misdemeanor
  756  of the first degree, punishable as provided in s. 775.082 or s.
  757  775.083.
  758         Section 18. Section 500.172, Florida Statutes, is amended
  759  to read:
  760         500.172 Embargoing, detaining, destroying of food, or food
  761  processing equipment, food-processing areas, or food storage
  762  areas that are is in violation.—
  763         (1) If When the department or its duly authorized agent
  764  finds, or has probable cause to believe, that any food article,
  765  or food-processing equipment, food-processing area, or food
  766  storage area is in violation of this chapter or any rule adopted
  767  under this chapter so as to be dangerous, unwholesome,
  768  fraudulent, or insanitary within the meaning of this chapter, an
  769  agent of the department may issue and enforce a stop-sale, stop
  770  use, removal, or hold order, which order gives notice that such
  771  article, or processing equipment, processing area, or storage
  772  area is, or is suspected of being, in violation and has been
  773  detained or embargoed and which order warns all persons not to
  774  remove, use, or dispose of such article, or processing
  775  equipment, processing area, or storage area by sale or otherwise
  776  until permission for removal, use, or disposal is given by the
  777  department or the court. A It is unlawful for any person may not
  778  to remove, use, or dispose of such detained or embargoed
  779  article, or processing equipment, processing area, or storage
  780  area by sale or otherwise without such permission.
  781         (2) If an article, or processing equipment, processing
  782  area, or storage area detained or embargoed under subsection (1)
  783  has been found by the department to be in violation of law or
  784  rule, the department may, within a reasonable period of time
  785  after the issuance of such notice, petition the circuit court,
  786  in the jurisdiction of which the article, or processing
  787  equipment, processing area, or storage area is detained or
  788  embargoed, for an order for condemnation of such article, or
  789  processing equipment, processing area, or storage area. When the
  790  department has found that an article, or processing equipment,
  791  processing area, or storage area so detained or embargoed is not
  792  in violation, the department shall rescind the stop-sale, stop
  793  use, removal, or hold order.
  794         (3) If the court finds that the detained or embargoed
  795  article, or processing equipment, processing area, or storage
  796  area is in violation, such article, or processing equipment,
  797  processing area, or storage area shall, after entry of the
  798  decree, be destroyed or made sanitary at the expense of the
  799  claimant thereof under the supervision of the department, and;
  800  all court costs, fees, and storage and other proper expenses
  801  shall be taxed against the claimant of such article, or
  802  processing equipment, processing area, or storage area or her or
  803  his agent. However, if the violation can be corrected by proper
  804  labeling of the article or sanitizing of the processing
  805  equipment, processing area, or storage area, and after such
  806  costs, fees, and expenses have been paid and a good and
  807  sufficient bond, conditioned that such article be so labeled or
  808  processed or such processing equipment, processing area, or
  809  storage area so sanitized, has been executed, the court may by
  810  order direct that such article, or processing equipment,
  811  processing area, or storage area be made available delivered to
  812  the claimant thereof for such labeling, processing, or
  813  sanitizing under the supervision of the department. The expense
  814  of such supervision shall be paid by the claimant. Such bond
  815  shall be returned to the claimant of the article or processing
  816  equipment, processing area, or storage area, on representation
  817  to the court by the department that the article, or processing
  818  equipment, processing area, or storage area is no longer in
  819  violation of this chapter and that the expenses of such
  820  supervision have been paid.
  821         (4) When the department or any of its authorized agents
  822  finds in any room, building, vehicle, or other structure any
  823  meat, seafood, poultry, vegetable, fruit, or other perishable
  824  articles which are unsound or contain any filthy, decomposed, or
  825  putrid substances, or which may be poisonous or deleterious to
  826  health or otherwise unsafe, the same is being hereby declared to
  827  be a nuisance, and the department, or its authorized agent,
  828  shall forthwith condemn or destroy the same, or in any other
  829  manner render the same unsalable as human food.
  830         Section 19. Subsection (3) and paragraph (b) of subsection
  831  (4) of section 501.019, Florida Statutes, are amended to read:
  832         501.019 Health studios; penalties.—
  833         (3) The department may institute proceedings in the
  834  appropriate circuit court to recover any penalties or damages
  835  allowed in this section and for injunctive relief to enforce
  836  compliance with ss. 501.012-501.019 or any rule or order of the
  837  department. The department may seek a civil penalty in the Class
  838  II category pursuant to s. 570.971 of up to $5,000 for each
  839  violation of this section.
  840         (4)
  841         (b) Upon a finding as set forth in paragraph (a), the
  842  department may enter an order doing one or more of the
  843  following:
  844         1. Issuing a notice of noncompliance pursuant to s.
  845  120.695.
  846         2. For a violation of s. 501.015 or s. 501.016, imposing an
  847  administrative fine in the Class II category pursuant to s.
  848  570.971 for each not to exceed $5,000 per violation.
  849         3. For a violation of s. 501.013, s. 501.017, or s.
  850  501.018, imposing an administrative fine not to exceed $500 per
  851  violation.
  852         3.4. Directing that the health studio cease and desist
  853  specified activities.
  854         4.5. Refusing to register or revoking or suspending a
  855  registration.
  856         5.6. Placing the registrant on probation for a period of 5
  857  years, subject to such conditions as the department may specify
  858  by rule.
  859         Section 20. Subsection (9) of section 501.059, Florida
  860  Statutes, is amended, and subsection (12) is added to that
  861  section, to read:
  862         501.059 Telephone solicitation.—
  863         (9)(a) The department shall investigate any complaints
  864  received concerning violations of this section. If, after
  865  investigating a any complaint, the department finds that there
  866  has been a violation of this section, the department or the
  867  Department of Legal Affairs may bring an action to impose a
  868  civil penalty and to seek other relief, including injunctive
  869  relief, as the court deems appropriate against the telephone
  870  solicitor. The civil penalty shall be in the Class III category
  871  pursuant to s. 570.971 for each may not exceed $10,000 per
  872  violation and shall be deposited in the General Inspection Trust
  873  Fund if the action or proceeding was brought by the department,
  874  or the Legal Affairs Revolving Trust Fund if the action or
  875  proceeding was brought by the Department of Legal Affairs. This
  876  civil penalty may be recovered in any action brought under this
  877  part by the department, or the department may terminate any
  878  investigation or action upon agreement by the person to pay a
  879  stipulated civil penalty. The department or the court may waive
  880  any civil penalty if the person has previously made full
  881  restitution or reimbursement or has paid actual damages to the
  882  consumers who have been injured by the violation.
  883         (b) The department may, as an alternative to the civil
  884  penalties provided in paragraph (a), impose an administrative
  885  fine in the Class I category pursuant to s. 570.971 not to
  886  exceed $1,000 for each act or omission that constitutes a
  887  violation of this section. An administrative proceeding that
  888  could result in the entry of an order imposing an administrative
  889  penalty must be conducted pursuant to in accordance with chapter
  890  120.
  891         (12) The department may adopt rules to implement this
  892  section.
  893         Section 21. Paragraph (a) of subsection (1) of section
  894  501.922, Florida Statutes, is amended to read:
  895         501.922 Violation.—
  896         (1) The department may enter an order imposing one or more
  897  of the following penalties against any person who violates ss.
  898  501.91-501.923 or who impedes, obstructs, or hinders the
  899  department in performing its duties under those sections:
  900         (a) Imposition of an administrative fine in the Class II
  901  category pursuant to s. 570.971 for each of not more than $1,000
  902  per violation for a first-time offender. For a second-time or
  903  repeat offender, or any person who willfully and intentionally
  904  violates ss. 501.91-501.923, the administrative fine may not
  905  exceed $5,000 per violation.
  906         Section 22. Section 570.42, Florida Statutes, is
  907  transferred, renumbered as section 502.301, Florida Statutes,
  908  and amended to read:
  909         502.301 570.42 Dairy Industry Technical Council.—
  910         (1) COMPOSITION.—The Dairy Industry Technical Council is
  911  hereby created within in the department and shall be composed of
  912  seven members as follows:
  913         (a) Two citizens of the state, one of whom shall be
  914  associated with the Agricultural Extension Service of the
  915  University of Florida and the other with the College of
  916  Agricultural and Life Sciences Agriculture of the University of
  917  Florida.
  918         (b) An employee of the Department of Health.
  919         (c) Two dairy farmers who are actively engaged in the
  920  production of milk in this state and who earn a major portion of
  921  their income from the production of milk. The commissioner shall
  922  appoint the two members provided for in this paragraph from no
  923  fewer than four nor more than six nominees submitted by the
  924  recognized statewide organizations representing this group. In
  925  the absence of nominations, the commissioner shall appoint other
  926  persons qualified under the provisions of this paragraph.
  927         (d) Two distributors of milk. “Distributor” means any milk
  928  dealer who operates a milk gathering station or processing plant
  929  where milk is collected and bottled or otherwise processed and
  930  prepared for sale. The commissioner shall appoint the two
  931  members provided for in this paragraph from no fewer than four
  932  nor more than six nominees submitted by the recognized statewide
  933  organizations representing this group. In the absence of
  934  nominations, the commissioner shall appoint other persons
  935  qualified under the provisions of this paragraph.
  936         (e) All members shall serve 4-year terms or until their
  937  successors are duly qualified and appointed. If a vacancy
  938  occurs, it shall be filled for the remainder of the term in the
  939  manner of an initial appointment.
  940         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
  941  meetings, powers and duties, procedures, and recordkeeping of
  942  the Dairy Industry Technical Council shall be pursuant to s.
  943  570.232 governed by the provisions of s. 570.0705 relating to
  944  advisory committees established within the department.
  945         Section 23. Part I of chapter 570, Florida Statutes,
  946  consisting of ss. 570.01-570.232, Florida Statues, is created
  947  and entitled “General Provisions.”
  948         Section 24. Section 570.14, Florida Statutes, is renumbered
  949  as section 570.031, Florida Statutes, and amended to read:
  950         570.031 570.14 Seal of department.—The department shall
  951  have an official seal which shall be used for the authentication
  952  of the orders and proceedings of the department and for such
  953  other purposes as the department may prescribe. Use of the seal
  954  or any likeness thereof requires written approval of the
  955  department.
  956         Section 25. Section 570.18, Florida Statutes, is renumbered
  957  as section 570.041, Florida Statutes.
  958         Section 26. Section 570.16, Florida Statutes, is renumbered
  959  as section 570.051, Florida Statutes.
  960         Section 27. Subsection (33) of section 570.07, Florida
  961  Statutes, is amended to read:
  962         570.07 Department of Agriculture and Consumer Services;
  963  functions, powers, and duties.—The department shall have and
  964  exercise the following functions, powers, and duties:
  965         (33) To assist local volunteer and nonprofit organizations
  966  in soliciting, collecting, packaging, or delivering surplus
  967  fresh fruit and vegetables for distribution pursuant to s.
  968  595.420 in accordance with s. 570.0725. The department also may
  969  coordinate the development of food recovery programs in the
  970  production areas of the state using local volunteer and
  971  nonprofit organizations.
  972         Section 28. Section 570.17, Florida Statutes, is renumbered
  973  as section 570.081, Florida Statutes.
  974         Section 29. Section 570.531, Florida Statutes, is
  975  renumbered as section 570.209, Florida Statutes.
  976         Section 30. Paragraph (d) of subsection (1) and subsection
  977  (2) of section 570.23, Florida Statutes, are amended to read:
  978         570.23 State Agricultural Advisory Council.—
  979         (1) COMPOSITION.—The State Agricultural Advisory Council is
  980  hereby created in the department.
  981         (d) On or after January 15, 1988, Alternates shall be
  982  appointed for each member and shall serve as alternates for the
  983  remainder of the corresponding members’ terms. As terms of
  984  current members expire, members and their alternates shall be
  985  appointed for 4-year terms and shall serve until their
  986  successors are duly qualified and appointed. A vacancy shall be
  987  filled for the remainder of an unexpired term in the same manner
  988  as an initial appointment.
  989         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
  990  meetings, powers and duties, procedures, and recordkeeping of
  991  the State Agricultural Advisory Council shall be pursuant to s.
  992  570.232 governed by the provisions of s. 570.0705 relating to
  993  advisory committees established within the department.
  994         Section 31. Section 570.0705, Florida Statutes, is
  995  renumbered as section 570.232, Florida Statutes.
  996         Section 32. Part II of chapter 570, Florida Statutes,
  997  consisting of ss. 570.30-570.693, Florida Statutes, is created
  998  and entitled “Program Services.”
  999         Section 33. Subsection (5) of section 570.36, Florida
 1000  Statutes, is amended to read:
 1001         570.36 Division of Animal Industry; powers and duties.—The
 1002  duties of the Division of Animal Industry include, but are not
 1003  limited to:
 1004         (5) Operating and managing the animal disease diagnostic
 1005  laboratory laboratories provided for in chapter 585.
 1006         Section 34. Subsections (3) and (4) of section 570.44,
 1007  Florida Statutes, are amended to read:
 1008         570.44 Division of Agricultural Environmental Services;
 1009  powers and duties.—The duties of the Division of Agricultural
 1010  Environmental Services include, but are not limited to:
 1011         (3) Supporting the Pesticide Review Council and Reviewing
 1012  and evaluating technical and scientific data associated with the
 1013  production, manufacture, storage, transportation, sale, or use
 1014  of any article or product with respect to any statutory
 1015  authority which is conferred on the department. The department
 1016  may is authorized to establish positions within the division for
 1017  the employment of experts in the fields of toxicology,
 1018  hydrology, and biology to conduct such reviews and evaluations
 1019  and may. The department is also authorized to establish
 1020  appropriate clerical support positions to implement the duties
 1021  and responsibilities of the division.
 1022         (4) Enforcing and implementing the responsibilities of
 1023  chapter 582, and the rules relating to soil and water
 1024  conservation.
 1025         Section 35. Subsection (2) of section 570.45, Florida
 1026  Statutes, is amended to read:
 1027         570.45 Director; duties.—
 1028         (2) The director shall supervise, direct, and coordinate
 1029  the activities of the division and enforce the provisions of
 1030  chapters 388, 482, 487, 501, 504, 531, 570, 576, 578, and 580,
 1031  and 582 and any other chapter necessary to carry out the
 1032  responsibilities of the division.
 1033         Section 36. Paragraph (d) of subsection (3) of section
 1034  570.451, Florida Statutes, is amended to read:
 1035         570.451 Agricultural Feed, Seed, and Fertilizer Advisory
 1036  Council.—
 1037         (3)
 1038         (d) The meetings, powers and duties, procedures, and
 1039  recordkeeping of the council shall be pursuant to s. 570.232 in
 1040  accordance with the provisions of s. 570.0705 relating to
 1041  advisory committees established within the department.
 1042         Section 37. Subsections (2) and (3) of section 570.50,
 1043  Florida Statutes, are amended to read:
 1044         570.50 Division of Food Safety; powers and duties.—The
 1045  duties of the Division of Food Safety include, but are not
 1046  limited to:
 1047         (2) Conducting those general inspection activities relating
 1048  to food and food products being processed, held, or offered for
 1049  sale in this state and enforcing those provisions of chapters
 1050  500, 501, 502, 531, 583, 585, 586, 597, and 601 relating to
 1051  foods as authorized by the department.
 1052         (3) Analyzing samples of foods offered for sale in this
 1053  state as required under chapters 500, 501, 502, 585, 586, 597,
 1054  and 601.
 1055         Section 38. Subsection (2) of section 570.51, Florida
 1056  Statutes, is amended to read:
 1057         570.51 Director; qualifications; duties.—
 1058         (2) The director shall supervise, direct, and coordinate
 1059  the activities of the division and enforce the provisions of
 1060  chapters 500, 501, 502, 531, 583, 585, 597, and 601 and any
 1061  other chapter necessary to carry out the responsibilities of the
 1062  division.
 1063         Section 39. Subsection (2) of section 570.543, Florida
 1064  Statutes, is amended to read:
 1065         570.543 Florida Consumers’ Council.—The Florida Consumers’
 1066  Council in the department is created to advise and assist the
 1067  department in carrying out its duties.
 1068         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 1069  meetings, powers and duties, procedures, and recordkeeping of
 1070  the Florida Consumers’ Council shall be pursuant to s. 570.232
 1071  governed by the provisions of s. 570.0705 relating to advisory
 1072  committees established within the department. The council
 1073  members or chair may call no more than two meetings.
 1074         Section 40. Section 570.073, Florida Statutes, is
 1075  renumbered as section 570.65, Florida Statutes.
 1076         Section 41. Section 570.074, Florida Statutes, is
 1077  renumbered as section 570.66, Florida Statutes, and amended to
 1078  read:
 1079         570.66 570.074 Department of Agriculture and Consumer
 1080  Services; Water Policy.—The commissioner may create an Office of
 1081  Agricultural Water Policy under the supervision of a senior
 1082  manager exempt under s. 110.205 in the Senior Management
 1083  Service. The commissioner may designate the bureaus and
 1084  positions in the various organizational divisions of the
 1085  department that report to the this office relating to any matter
 1086  over which the department has jurisdiction in matters relating
 1087  to water policy affecting agriculture, application of such
 1088  policies, and coordination of such matters with state and
 1089  federal agencies. The office shall enforce and implement chapter
 1090  582 and rules relating to soil and water conservation.
 1091         Section 42. Section 570.67, Florida Statutes, is created to
 1092  read:
 1093         570.67 Office of Energy.—The Office of Energy is created
 1094  within the department. The office shall be under the supervision
 1095  of a senior manager, appointed by the commissioner, exempt under
 1096  s. 110.205 in the Senior Management Service. The duties of the
 1097  office must include, but are not limited to, administering and
 1098  enforcing parts II and III of chapter 377, the rules adopted
 1099  under those parts, and any other duties authorized by the
 1100  commissioner.
 1101         Section 43. Section 570.951, Florida Statutes, is
 1102  renumbered as section 570.681, Florida Statutes.
 1103         Section 44. Section 570.952, Florida Statutes, is
 1104  renumbered as section 570.685, Florida Statutes, and amended to
 1105  read:
 1106         570.685 570.952 Florida Agriculture Center and Horse Park
 1107  Authority.—
 1108         (1) There is created within the Department of Agriculture
 1109  and Consumer Services the Florida Agriculture Center and Horse
 1110  Park Authority which shall be governed by this section and s.
 1111  570.691 s. 570.903.
 1112         (2) The authority shall be composed of 21 members appointed
 1113  by the commissioner.
 1114         (a) Initially, the commissioner shall appoint 11 members
 1115  for 4-year terms and 10 members for 2-year terms. Thereafter,
 1116  each member shall be appointed for a term of 4 years from the
 1117  date of appointment, except that a vacancy shall be filled by
 1118  appointment for the remainder of the term.
 1119         (b) A Any member of the authority who fails to attend three
 1120  consecutive authority meetings without good cause shall be
 1121  deemed to have resigned from the authority.
 1122         (c) Terms for members appointed prior to July 1, 2005,
 1123  shall expire on July 1, 2005.
 1124         (3) The Florida Agriculture Center and Horse Park Authority
 1125  shall have the power and duty to:
 1126         (a) Appoint, with approval from the commissioner, an
 1127  executive director for the Florida Agriculture Center and Horse
 1128  Park.
 1129         (b) Establish rules of procedure for conducting its
 1130  meetings and approving matters before the authority pursuant to
 1131  s. 570.691 that are consistent with s. 570.903.
 1132         (c) Develop, document, and implement strategies for the
 1133  planning, construction, and operation of the Florida Agriculture
 1134  Center and Horse Park.
 1135         (d) Advise and consult with the commissioner on matters
 1136  related to the Florida Agriculture Center and Horse Park.
 1137         (e) Consider all matters submitted to the authority by the
 1138  commissioner.
 1139         (4) The authority shall meet at least semiannually and
 1140  elect a chair chairperson, a vice chair chairperson, and a
 1141  secretary for 1-year terms.
 1142         (a) The authority shall meet at the call of its chair
 1143  chairperson, at the request of a majority of its membership, at
 1144  the request of the commissioner, or at such times as may be
 1145  prescribed by its rules of procedure.
 1146         (b) The department shall be responsible for providing
 1147  administrative and staff support services relating to the
 1148  meetings of the authority and shall provide suitable space in
 1149  the offices of the department for the meetings and the storage
 1150  of records of the authority.
 1151         (c) In conducting its meetings, the authority shall use
 1152  accepted rules of procedure. The secretary shall keep a complete
 1153  record of the proceedings of each meeting, which record shall
 1154  show the names of the members present and the actions taken.
 1155  These records shall be kept on file with the department, and
 1156  such records and other documents regarding matters within the
 1157  jurisdiction of the authority shall be subject to inspection by
 1158  members of the authority.
 1159         Section 45. Section 570.953, Florida Statutes, is
 1160  renumbered as section 570.686, Florida Statutes.
 1161         Section 46. Section 570.902, Florida Statutes, is
 1162  renumbered as section 570.69, Florida Statutes, and amended to
 1163  read:
 1164         570.69 570.902 Definitions; ss. 570.902 and 570.903.—For
 1165  the purpose of this section and s. 570.691 s. 570.903:
 1166         (1) “Designated program” means the departmental program
 1167  which a direct-support organization has been created to support.
 1168         (2) “Direct-support organization” or “organization” means
 1169  an organization which is a Florida corporation not for profit
 1170  incorporated under the provisions of chapter 617 and approved by
 1171  the department to operate for the benefit of a museum or a
 1172  designated program.
 1173         (3) “Museum” means the Florida Agricultural Museum which is
 1174  designated as the museum for agriculture and rural history of
 1175  the State of Florida.
 1176         Section 47. Section 570.903, Florida Statutes, is
 1177  renumbered as section 570.691, Florida Statutes.
 1178         Section 48. Section 570.901, Florida Statutes, is
 1179  renumbered as section 570.692, Florida Statutes.
 1180         Section 49. Section 570.91, Florida Statutes, is renumbered
 1181  as section 570.693, Florida Statutes.
 1182         Section 50. Part III of chapter 570, Florida Statutes,
 1183  consisting of ss. 570.70-570.89, Florida Statutes, is created
 1184  and entitled “Agricultural Development.”
 1185         Section 51. Subsections (2) and (12) of section 570.71,
 1186  Florida Statutes, are amended to read:
 1187         570.71 Conservation easements and agreements.—
 1188         (2) To achieve the purposes of this section act, beginning
 1189  no sooner than July 1, 2002, and every year thereafter, the
 1190  department may accept applications for project proposals to
 1191  that:
 1192         (a) Purchase conservation easements, as defined in s.
 1193  704.06.
 1194         (b) Purchase rural-lands-protection easements pursuant to
 1195  this section act.
 1196         (c) Fund resource conservation agreements pursuant to this
 1197  section act.
 1198         (d) Fund agricultural protection agreements pursuant to
 1199  this section act.
 1200         (12) The department may is authorized to use funds from the
 1201  following sources to implement this section act:
 1202         (a) State funds;
 1203         (b) Federal funds;
 1204         (c) Other governmental entities;
 1205         (d) Nongovernmental organizations; or
 1206         (e) Private individuals.
 1207  
 1208  Any such funds provided shall be deposited into the Conservation
 1209  and Recreation Lands Program Trust Fund within the Department of
 1210  Agriculture and Consumer Services and used for the purposes of
 1211  this section, including administrative and operating expenses
 1212  related to appraisals, mapping, title process, personnel, and
 1213  other real estate-related expenses act.
 1214         Section 52. Section 570.241, Florida Statutes, is
 1215  transferred and renumbered as section 570.73, Florida Statutes.
 1216         Section 53. Section 570.242, Florida Statutes, is
 1217  renumbered as section 570.74, and amended to read:
 1218         570.74 570.242 Definitions relating to Agricultural
 1219  Economic Development Act.—For purposes of this act, the term
 1220  following terms shall have the following meanings:
 1221         (1) “Agriculturally depressed area” means a rural area that
 1222  which has declining profitability from agricultural enterprises
 1223  and one or more of the following characteristics:
 1224         (a) A stable or declining population.
 1225         (b) A stable or declining real per capita income.
 1226         (c) A traditional economy based on agriculture or
 1227  extraction of solid minerals.
 1228         (d) A low ad valorem tax base.
 1229         (e) A need for agribusiness and leadership training.
 1230         (f) Crop losses or economic depression resulting from a
 1231  natural disaster or socioeconomic conditions or events that
 1232  which negatively impact a crop.
 1233         (2) “Assistance” means financial or nonfinancial assistance
 1234  issued pursuant to the provisions of this act.
 1235         (3) “Commissioner” means the Commissioner of Agriculture.
 1236         (4) “Department” means the Department of Agriculture and
 1237  Consumer Services.
 1238         (3)(5) “Financial assistance” means the providing of funds
 1239  to an agribusiness.
 1240         (4)(6) “Nonfinancial assistance” means the providing of
 1241  personnel to work with an agribusiness to establish an
 1242  infrastructure, including, but not limited to, the development
 1243  of an accounting system, management procedures, and a marketing
 1244  plan. Nonfinancial assistance includes shall also include the
 1245  providing of equipment.
 1246         Section 54. Section 570.243, Florida Statutes, is
 1247  renumbered as section 570.75, Florida Statutes.
 1248         Section 55. Section 570.244, Florida Statutes, is
 1249  renumbered as section 570.76, Florida Statutes.
 1250         Section 56. Section 570.245, Florida Statutes, is
 1251  renumbered as section 570.77, Florida Statutes.
 1252         Section 57. Section 570.246, Florida Statutes, is
 1253  renumbered as section 570.78, Florida Statutes.
 1254         Section 58. Section 570.247, Florida Statutes, is
 1255  renumbered as section 570.79, Florida Statutes, and amended to
 1256  read:
 1257         570.79 570.247Adoption Promulgation of rules.—In
 1258  conjunction with funds specifically appropriated for the
 1259  purposes specified in this act, The department shall adopt begin
 1260  to promulgate rules no later than January 1, 1992, pursuant to
 1261  s. 120.54, pertaining to:
 1262         (1) Formal notification procedures for the availability of
 1263  assistance, including publication in the Florida Administrative
 1264  Register pursuant to s. 120.55.
 1265         (2) Written evaluation criteria for selecting project
 1266  proposals to receive assistance. The criteria for eligibility of
 1267  assistance shall include a written business plan delineating the
 1268  economic viability of the proposed project, including the
 1269  financial commitment by project participants and a schedule for
 1270  repayment of agricultural economic development funds.
 1271         (3) Procedures for repayment of financial assistance by an
 1272  assisted agribusiness into the General Inspection Trust Fund
 1273  within the department. Repayment of financial assistance shall
 1274  be based upon a percentage of future profits until repayment is
 1275  complete.
 1276         (4) Funding procedures for projects eligible for
 1277  assistance. These procedures shall include the amount of
 1278  funding, the limits and requirements for the objects of
 1279  expenditure, and the duration of assistance.
 1280         (5) Other subject matter pertaining to the implementation
 1281  of this act.
 1282         Section 59. Section 570.248, Florida Statutes, is
 1283  renumbered as section 570.81, Florida Statutes.
 1284         Section 60. Section 570.249, Florida Statutes, is
 1285  renumbered as section 570.82, Florida Statutes.
 1286         Section 61. Section 570.9135, Florida Statutes, is
 1287  renumbered as section 570.83, Florida Statutes, and subsection
 1288  (6) of that section is amended, to read:
 1289         570.83 570.9135 Beef Market Development Act; definitions;
 1290  Florida Beef Council, Inc., creation, purposes, governing board,
 1291  powers, and duties; referendum on assessments imposed on gross
 1292  receipts from cattle sales; payments to organizations for
 1293  services; collecting and refunding assessments; vote on
 1294  continuing the act; council bylaws.—
 1295         (6) REFERENDUM ON ASSESSMENTS.—All producers in this state
 1296  shall have the opportunity to vote in a referendum to determine
 1297  whether the council shall be authorized to impose an assessment
 1298  of not more than $1 per head on cattle sold in the state. The
 1299  referendum shall pose the question: “Do you approve of an
 1300  assessment program, up to $1 per head of cattle pursuant to
 1301  section 570.83 section 570.9135, Florida Statutes, to be funded
 1302  through specific contributions that are mandatory and refundable
 1303  upon request?”
 1304         (a) A referendum held under this section must be conducted
 1305  by secret ballot at extension offices of the Institute of Food
 1306  and Agricultural Sciences of the University of Florida or at
 1307  offices of the United States Department of Agriculture with the
 1308  cooperation of the department.
 1309         (b) Notice of a referendum to be held under this act must
 1310  be given at least once in trade publications, the public press,
 1311  and statewide newspapers at least 30 days before the referendum
 1312  is held.
 1313         (c) Additional referenda may be held to authorize the
 1314  council to increase the assessment to more than $1 per head of
 1315  cattle. Such referendum shall pose the question: “Do you approve
 1316  of granting the Florida Beef Council, Inc., authority to
 1317  increase the per-head-of-cattle assessment pursuant to section
 1318  570.83 section 570.9135, Florida Statutes, from ...(present
 1319  rate)... to up to a maximum of ...(proposed rate)... per head?”
 1320  Referenda may not be held more often than once every 3 years.
 1321         (d) Each cattle producer is entitled to only one vote in a
 1322  referendum held under this section act. Proof of identification
 1323  and cattle ownership must be presented before voting.
 1324         (e) A simple majority of those casting ballots determines
 1325  shall determine any issue that requires a referendum under this
 1326  section act.
 1327         Section 62. Section 570.954, Florida Statutes, is
 1328  renumbered as section 570.841, Florida Statutes.
 1329         Section 63. Section 570.96, Florida Statutes, is renumbered
 1330  as section 570.85, Florida Statutes.
 1331         Section 64. Section 570.961, Florida Statutes, is
 1332  renumbered as section 570.86, Florida Statutes, and amended to
 1333  read:
 1334         570.86 570.961 Definitions.—As used in ss. 570.85-570.89
 1335  570.96-570.964, the term:
 1336         (1) “Agritourism activity” means any agricultural related
 1337  activity consistent with a bona fide farm or ranch or in a
 1338  working forest which allows members of the general public, for
 1339  recreational, entertainment, or educational purposes, to view or
 1340  enjoy activities, including farming, ranching, historical,
 1341  cultural, or harvest-your-own activities and attractions. An
 1342  agritourism activity does not include the construction of new or
 1343  additional structures or facilities intended primarily to house,
 1344  shelter, transport, or otherwise accommodate members of the
 1345  general public. An activity is an agritourism activity
 1346  regardless of whether or not the participant paid to participate
 1347  in the activity.
 1348         (2) “Agritourism operator” means a any person who is
 1349  engaged in the business of providing one or more agritourism
 1350  activities, whether for compensation or not for compensation.
 1351         (3) “Farm” means the land, buildings, support facilities,
 1352  machinery, and other appurtenances used in the production of
 1353  farm or aquaculture products, including land used to display
 1354  plants, animals, farm products, or farm equipment to the public.
 1355         (4) “Farm operation” has the same meaning as defined in s.
 1356  823.14.
 1357         (5) “Inherent risks of agritourism activity” means those
 1358  dangers or conditions that are an integral part of an
 1359  agritourism activity including certain hazards, such as surface
 1360  and subsurface conditions; natural conditions of land,
 1361  vegetation, and waters; the behavior of wild or domestic
 1362  animals; and the ordinary dangers of structures or equipment
 1363  ordinarily used in farming and ranching operations. The term
 1364  also includes the potential of a participant to act in a
 1365  negligent manner that may contribute to the injury of the
 1366  participant or others, including failing to follow the
 1367  instructions given by the agritourism operator or failing to
 1368  exercise reasonable caution while engaging in the agritourism
 1369  activity.
 1370         Section 65. Section 570.962, Florida Statutes, is
 1371  renumbered as section 570.87, Florida Statutes.
 1372         Section 66. Section 570.963, Florida Statutes, is
 1373  renumbered as section 570.88, Florida Statutes, and subsection
 1374  (1) of that section is amended, to read:
 1375         570.88 570.963 Liability.—
 1376         (1) Except as provided in subsection (2), an agritourism
 1377  operator, his or her employer or employee, or the owner of the
 1378  underlying land on which the agritourism occurs is not liable
 1379  for injury or death of, or damage or loss to, a participant
 1380  resulting from the inherent risks of agritourism activities if
 1381  the notice of risk required under s. 570.89 s. 570.964 is posted
 1382  as required. Except as provided in subsection (2), a
 1383  participant, or a participant’s representative, may not maintain
 1384  an action against or recover from an agritourism operator, his
 1385  or her employer or employee, or the owner of the underlying land
 1386  on which the agritourism occurs for the injury or death of, or
 1387  damage or loss to, an agritourism participant resulting
 1388  exclusively from any of the inherent risks of agritourism
 1389  activities.
 1390         Section 67. Section 570.964, Florida Statutes, is
 1391  renumbered as section 570.89, Florida Statutes, and subsection
 1392  (3) of that section is amended, to read:
 1393         570.89 570.964 Posting and notification.—
 1394         (3) Failure to comply with the requirements of this section
 1395  subsection prevents an agritourism operator, his or her employer
 1396  or employee, or the owner of the underlying land on which the
 1397  agritourism occurs from invoking the privileges of immunity
 1398  provided by this section.
 1399         Section 68. Part IV of chapter 570, Florida Statutes,
 1400  consisting of ss. 570.916-570.94, Florida Statutes, is created
 1401  and entitled “Agricultural Water Policy.”
 1402         Section 69. Section 570.075, Florida Statutes, is
 1403  renumbered as section 570.916, Florida Statutes.
 1404         Section 70. Section 570.076, Florida Statutes, is
 1405  renumbered as section 570.921, Florida Statutes, and paragraph
 1406  (c) of subsection (2) of that section is amended to read:
 1407         570.921 570.076 Environmental Stewardship Certification
 1408  Program.—The department may, by rule, establish the
 1409  Environmental Stewardship Certification Program consistent with
 1410  this section. A rule adopted under this section must be
 1411  developed in consultation with state universities, agricultural
 1412  organizations, and other interested parties.
 1413         (2) The department shall provide an agricultural
 1414  certification under this program for implementation of one or
 1415  more of the following criteria:
 1416         (c) Best management practices adopted by rule pursuant to
 1417  s. 403.067(7)(c) or s. 570.93(1)(b) s. 570.085(1)(b).
 1418         Section 71. Section 570.085, Florida Statutes, is
 1419  renumbered as section 570.93, Florida Statutes.
 1420         Section 72. Section 570.087, Florida Statutes, is
 1421  renumbered as section 570.94, Florida Statutes.
 1422         Section 73. Part V of chapter 570, Florida Statutes,
 1423  consisting of s. 570.971, Florida Statutes, is created and
 1424  entitled “Penalties.”
 1425         Section 74. Section 570.971, Florida Statutes, is created
 1426  to read:
 1427         570.971Penalties; administrative and civil.—
 1428         (1) The department or enforcing authority may impose the
 1429  following fine amount for the class category specified in the
 1430  chapter or section of law violated:
 1431         (a) Class I.—For each violation in the Class I category, a
 1432  fine not to exceed $1,000 may be imposed.
 1433         (b) Class II.—For each violation in the Class II category,
 1434  a fine not to exceed $5,000 may be imposed.
 1435         (c) Class III.—For each violation in the Class III
 1436  category, a fine not to exceed $10,000 may be imposed.
 1437         (d) Class IV.—For each violation in the Class IV category,
 1438  a fine of $10,000 or more may be imposed.
 1439         (2)(a) This section does not supersede a chapter or section
 1440  of law or rule that limits the total fine amount that may be
 1441  imposed for a violation.
 1442         (b) The class categories under this section also apply to
 1443  penalties provided by rule.
 1444         (c) The penalties under this section are in addition to any
 1445  other remedy provided by law.
 1446         (3) A person who violates this chapter or any rule adopted
 1447  under this chapter is subject to an administrative or civil fine
 1448  in the Class II category in addition to any other penalty
 1449  provided by law.
 1450         (4) The department may refuse to issue or renew any
 1451  license, permit, authorization, certificate, or registration to
 1452  a person who has not satisfied a penalty imposed by the
 1453  department.
 1454         (5) The department may adopt rules to implement this
 1455  section or any section that references this section.
 1456         Section 75. Subsection (1) and paragraph (a) of subsection
 1457  (2) of section 576.021, Florida Statutes, are amended to read:
 1458         576.021 Registration and licensing.—
 1459         (1) A company the person whose name and address of which
 1460  appears upon a label and which who guarantees a fertilizer may
 1461  not distribute that fertilizer to a nonlicensee until a license
 1462  to distribute has been obtained by the company that person from
 1463  the department upon payment of a $100 fee. All licenses shall
 1464  expire on June 30 each year. An application for license shall
 1465  include the following information:
 1466         (a) The name and address of the applicant.
 1467         (b) The name and address of the distribution point. The
 1468  name and address shown on the license shall be shown on all
 1469  labels, pertinent invoices, and storage facilities for
 1470  fertilizer distributed by the licensee in this state.
 1471         (2)(a) A company the name and address of which appear upon
 1472  a label and which guarantees a fertilizer person may not
 1473  distribute a specialty fertilizer in this state until it is
 1474  registered with the department by the licensee whose name
 1475  appears on the label. An application for registration of each
 1476  brand and grade of specialty fertilizer shall be filed with the
 1477  department by using made on a form prescribed furnished by the
 1478  department or by using the department’s website and shall be
 1479  accompanied by an annual fee of $100 for each specialty
 1480  fertilizer that is registered. All specialty fertilizer
 1481  registrations expire June 30 each year. All licensing and
 1482  registration fees paid to the department under this section
 1483  shall be deposited into the State Treasury to be placed in the
 1484  General Inspection Trust Fund to be used for the sole purpose of
 1485  funding the fertilizer inspection program.
 1486         Section 76. Subsection (2) of section 576.031, Florida
 1487  Statutes, is amended to read:
 1488         576.031 Labeling.—
 1489         (2) If distributed in bulk, two five labels containing the
 1490  information required in paragraphs (1)(a)-(f) shall accompany
 1491  delivery and be supplied to the purchaser at time of delivery
 1492  with the delivery ticket, which shall show the certified net
 1493  weight.
 1494         Section 77. Subsections (3), (4), (6), and (7) of section
 1495  576.041, Florida Statutes, are amended to read:
 1496         576.041 Inspection fees; records; bond.—
 1497         (3) In addition to any other penalty provided by this
 1498  chapter, a any licensee who fails to timely pay the inspection
 1499  tonnage fee shall be assessed a penalty of 1.5 percent for each
 1500  month or part of a month that the fee or portion of the fee is
 1501  not paid.
 1502         (4) If the report is not filed and the inspection fee is
 1503  not paid on the date due or if the report of tonnage is false,
 1504  the amount of the inspection fee due is subject to a penalty of
 1505  10 percent or $25, whichever is greater. The penalty shall be
 1506  added to the inspection fee due and constitutes a debt and
 1507  becomes a claim and lien against the surety bond or certificate
 1508  of deposit required by this chapter.
 1509         (6) In order to guarantee faithful performance of the
 1510  provisions of subsection (2), the applicant for license shall
 1511  post with the department a surety bond, or assign a certificate
 1512  of deposit, in an amount required by rule of the department to
 1513  cover fees for any reporting period. The amount shall not be
 1514  less than $1,000. The surety bond shall be executed by a
 1515  corporate surety company authorized to do business in this
 1516  state. The certificate of deposit shall be issued by any
 1517  recognized financial institution doing business in the United
 1518  States. The department shall establish, by rule, whether an
 1519  annual or continuous surety bond or certificate of deposit will
 1520  be required and shall approve each surety bond or certificate of
 1521  deposit before acceptance. The department shall examine and
 1522  approve as to sufficiency all such bonds and certificates of
 1523  deposit before acceptance. When the licensee ceases operation,
 1524  said bond or certificate of deposit shall be returned, provided
 1525  there are no outstanding fees due and payable.
 1526         (6)(7) In order to obtain information that will facilitate
 1527  the collection of inspection fees and serve other useful
 1528  purposes relating to fertilizer, the department may, by rule,
 1529  require licensees, manufacturers, registrants, and dealers to
 1530  report movements of fertilizer.
 1531         Section 78. Subsection (3) of section 576.051, Florida
 1532  Statutes, is amended to read:
 1533         576.051 Inspection, sampling, analysis.—
 1534         (3) The official analysis shall be made from the official
 1535  sample. The department, before making the official analysis,
 1536  shall take a sufficient portion from the official sample for
 1537  check analysis and place that portion in a bottle sealed and
 1538  identified by number, date, and the preparer’s initials. The
 1539  official check sample shall be kept until the analysis of the
 1540  official sample is completed. However, the licensee may obtain
 1541  upon request a portion of the official check sample. Upon
 1542  completion of the analysis of the official sample, a true copy
 1543  of the fertilizer analysis report shall be mailed to the
 1544  licensee of the fertilizer from whom the official sample was
 1545  taken and to the dealer or agent, if any, and purchaser, if
 1546  known. This fertilizer analysis report shall show all
 1547  determinations of plant nutrients nutrient and pesticides. If
 1548  the official analysis conforms with the provisions of this
 1549  section law, the official check sample may be destroyed. If the
 1550  official analysis does not conform with the provisions of this
 1551  section law, the official check sample shall be retained for 60
 1552  a period of 90 days after from the date of the fertilizer
 1553  analysis report of the official sample. If, within that time,
 1554  the licensee of the fertilizer from whom the official sample was
 1555  taken, upon receipt of the fertilizer analysis report, makes
 1556  written demand for analysis of the official check sample by a
 1557  referee chemist, a portion of the official check sample
 1558  sufficient for analysis shall be sent to a referee chemist who
 1559  is mutually acceptable to the department and the licensee for
 1560  analysis at the expense of the licensee. The referee chemist,
 1561  upon completion of the analysis, shall forward to the department
 1562  and to the licensee a fertilizer analysis report bearing a
 1563  proper identification mark or number,; and the fertilizer
 1564  analysis report shall be verified by an affidavit of the person
 1565  making the analysis. If the results reported on the fertilizer
 1566  analysis report agree within the matching criteria defined in
 1567  department rule with the department’s analysis on each element
 1568  for which analysis was made, the mean average of the two
 1569  analyses shall be accepted as final and binding on all
 1570  concerned. However, if the referee’s fertilizer analysis report
 1571  results do not agree within the matching criteria defined in
 1572  department rule with the department’s analysis in any one or
 1573  more elements for which an analysis was made, upon demand of
 1574  either the department or the licensee from whom the official
 1575  sample was taken, a portion of the official check sample
 1576  sufficient for analysis shall be submitted to a second referee
 1577  chemist who is mutually acceptable to the department and to the
 1578  licensee from whom the official sample was taken, at the expense
 1579  of the party or parties requesting the referee analysis. If no
 1580  demand is made for an analysis by a second referee chemist, the
 1581  department’s fertilizer analysis report shall be accepted as
 1582  final and binding on all concerned. The second referee chemist,
 1583  upon completion of the analysis, shall make a fertilizer
 1584  analysis report as provided in this subsection for the first
 1585  referee chemist. The mean average of the two analyses nearest in
 1586  conformity to each other shall be accepted as final and binding
 1587  on all concerned.
 1588         Section 79. Subsections (4) and (5) of section 576.061,
 1589  Florida Statutes, are amended to read:
 1590         576.061 Plant nutrient investigational allowances,
 1591  deficiencies, and penalties.—
 1592         (4) When it is determined by the department that a
 1593  fertilizer has been distributed without being licensed or
 1594  registered, or without labeling, the department shall require
 1595  the licensee to pay a penalty in the amount of $100. The
 1596  proceeds from any penalty payments shall be deposited by the
 1597  department in the General Inspection Trust Fund to be used for
 1598  the sole purpose of funding the fertilizer inspection program.
 1599         (4)(5) The department may enter an order imposing one or
 1600  more of the following penalties against a any person who
 1601  violates any of the provisions of this chapter or the rules
 1602  adopted under this chapter hereunder or who impedes, obstructs,
 1603  or hinders shall impede, obstruct, hinder, or otherwise prevent
 1604  or attempt to prevent the department in performing the
 1605  performance of its duties under duty in connection with the
 1606  provisions of this chapter:
 1607         (a) Issuance of a warning letter.
 1608         (b) Imposition of an administrative fine in the Class I
 1609  category pursuant to s. 570.971 for each of not more than $1,000
 1610  per occurrence after the issuance of a warning letter.
 1611         (c) Cancellation, revocation, or suspension of any license
 1612  issued by the department.
 1613         Section 80. Section 576.071, Florida Statutes, is amended
 1614  to read:
 1615         576.071 Commercial value.—The commercial value used in
 1616  assessing penalties for a any deficiency shall be determined by
 1617  surveying the fertilizer industry in the state and using
 1618  annualized plant nutrient values contained in one or more
 1619  generally recognized journals.
 1620         Section 81. Subsections (3) and (4) of section 576.087,
 1621  Florida Statutes, are amended to read:
 1622         576.087 Antisiphon requirements for irrigation systems.—
 1623         (3) The department shall establish specific requirements
 1624  for antisiphon devices.
 1625         (4) Any governmental agency which requires antisiphon
 1626  devices on irrigation systems used for the application of
 1627  fertilizer shall use the specific antisiphon device requirements
 1628  adopted by the department.
 1629         Section 82. Section 576.101, Florida Statutes, is amended
 1630  to read:
 1631         576.101 Cancellation, revocation, and suspension;
 1632  probationary status.—
 1633         (1) The department may deny, suspend, or revoke a any
 1634  license issued by the department for a any violation of the
 1635  provisions of this chapter, the rules adopted under this chapter
 1636  thereunder, or any lawful order of the department.
 1637         (2) The department may place any licensee on a probationary
 1638  status when the deficiency levels of samples taken from that
 1639  licensee do not meet minimum performance levels established by
 1640  statute within the investigational allowances provided in s.
 1641  576.061.
 1642         Section 83. Subsection (1) of section 578.08, Florida
 1643  Statutes, is amended to read:
 1644         578.08 Registrations.—
 1645         (1) Every person, except as provided in subsection (4) and
 1646  s. 578.14, before selling, distributing for sale, offering for
 1647  sale, exposing for sale, handling for sale, or soliciting orders
 1648  for the purchase of an any agricultural, vegetable, flower, or
 1649  forest tree seed, or mixture thereof, shall first register with
 1650  the department as a seed dealer. The application for
 1651  registration shall include the name and location of each place
 1652  of business at which the seed is sold, distributed for sale,
 1653  offered for sale, exposed for sale, or handled for sale. The
 1654  application for registration shall be filed with the department
 1655  by using a form prescribed by the department or by using the
 1656  department’s website and shall be accompanied by an annual
 1657  registration fee for each such place of business based on the
 1658  gross receipts from the sale of such seed for the last preceding
 1659  license year as follows:
 1660         (a)1.Receipts of less than $500, a fee of...........$10.
 1661         2. Receipts of $500 or more but less than $1,000, a fee
 1662  of..........................................................$25.
 1663         3.1. Receipts of $1,000 or more but less than $2,500
 1664  $2,500.01, a fee of........................................$100.
 1665         4.2. Receipts of more than $2,500 or more but and less than
 1666  $5,000 $5,000.01, a fee of.................................$200.
 1667         5.3. Receipts of more than $5,000 or more but and less than
 1668  $10,000 $10,000.01, a fee of...............................$350.
 1669         6.4. Receipts of more than $10,000 or more but and less
 1670  than $20,000 $20,000.01, a fee of..........................$800.
 1671         7.5. Receipts of more than $20,000 or more but and less
 1672  than $40,000 $40,000.01, a fee of........................$1,000.
 1673         8.6. Receipts of more than $40,000 or more but and less
 1674  than $70,000 $70,000.01, a fee of........................$1,200.
 1675         9.7. Receipts of more than $70,000 or more but and less
 1676  than $150,000 $150,000.01, a fee of......................$1,600.
 1677         10.8. Receipts of more than $150,000 or more but and less
 1678  than $400,000 $400,000.01, a fee of......................$2,400.
 1679         11.9. Receipts of more than $400,000 or more, a fee
 1680  of.......................................................$4,600.
 1681         (b) For places of business not previously in operation, the
 1682  fee shall be based on anticipated receipts for the first license
 1683  year.
 1684         Section 84. Paragraph (g) of subsection (2) of section
 1685  580.036, Florida Statutes, is amended to read:
 1686         580.036 Powers and duties.—
 1687         (2) The department is authorized to adopt rules pursuant to
 1688  ss. 120.536(1) and 120.54 to enforce the provisions of this
 1689  chapter. These rules shall be consistent with the rules and
 1690  standards of the United States Food and Drug Administration and
 1691  the United States Department of Agriculture, when applicable,
 1692  and shall include:
 1693         (g) Establishing standards for the sale, use, and
 1694  distribution of commercial feed or feedstuff to ensure usage
 1695  that is consistent with animal safety and well-being and, to the
 1696  extent that meat, poultry, and other animal products for human
 1697  consumption may be affected by commercial feed or feedstuff, to
 1698  ensure that these products are safe for human consumption. Such
 1699  standards, if adopted, must be developed in consultation with
 1700  the Agricultural Feed, Seed, and Fertilizer Advisory Council
 1701  created under s. 570.451.
 1702         Section 85. Paragraphs (a), (b), and (d) of subsection (1)
 1703  of section 580.041, Florida Statutes, are amended to read:
 1704         580.041 Master registration; fee; refusal or cancellation
 1705  of registration; reporting.—
 1706         (1)(a) Each distributor of commercial feed must annually
 1707  obtain a master registration before her or his brands are
 1708  distributed in this state. Upon initial registration, The
 1709  department shall furnish the registration forms requiring the
 1710  distributor shall agree to state that the distributor will
 1711  comply with all provisions of this chapter and applicable rules.
 1712  The registration form shall identify the manufacturer’s or
 1713  guarantor’s name and place of business and the location of each
 1714  manufacturing facility in the state and shall be signed by the
 1715  owner; by a partner, if a partnership; or by an authorized
 1716  officer or agent, if a corporation. All registrations expire on
 1717  June 30 of each year.
 1718         (b) The application for registration form shall be filed
 1719  with the department by using a form prescribed by the department
 1720  or by using the department’s website and shall be accompanied by
 1721  a fee that shall be based on tons of feed distributed in this
 1722  state during the previous year. If a distributor has been in
 1723  business less than 1 year, the tonnage shall be estimated by the
 1724  distributor for the first year and based on actual tonnage
 1725  thereafter. These fees shall be as follows:
 1726  
 1727         SALES IN TONS                                         FEE
 1728  
 1729         Zero, up to and including 25..........................$40
 1730         More than 25, up to and including 50..................$75
 1731         More than 50, up to and including 100................$150
 1732         More than 100, up to and including 300...............$375
 1733         More than 300, up to and including 600...............$600
 1734         More than 600, up to and including 1,000.............$900
 1735         More than 1,000, up to and including
 1736  2,000.....................................................$1,250
 1737         More than 2,000, up to and including
 1738  5,000.....................................................$2,000
 1739         More than 5,000....................................$3,500
 1740         (d) The department shall provide mail a copy of the master
 1741  registration to the registrant to signify that administrative
 1742  requirements have been met.
 1743         Section 86. Subsection (1) of section 580.071, Florida
 1744  Statutes, is amended to read:
 1745         580.071 Adulteration.—No person shall distribute an
 1746  adulterated commercial feed or feedstuff. A commercial feed or
 1747  feedstuff shall be deemed to be adulterated:
 1748         (1)(a) If it bears or contains any poisonous, deleterious,
 1749  or nonnutritive substance that may render it injurious to animal
 1750  or human health. However, if the substance is not an additive,
 1751  the feed shall not be considered adulterated if the quantity of
 1752  the substance does not ordinarily render it injurious to animal
 1753  or human health;
 1754         (b) If it bears or contains any food additive or added
 1755  poisonous, deleterious, or nonnutritive substance that is unsafe
 1756  within the meaning of s. 406 of the Federal Food, Drug, and
 1757  Cosmetic Act, other than a pesticide chemical in or on a raw
 1758  agricultural commodity;
 1759         (c) If it is, or it bears or contains, any food additive or
 1760  color additive that is unsafe within the meaning of s. 409 or s.
 1761  512 of the Federal Food, Drug, and Cosmetic Act, respectively;
 1762         (d) If it is a raw agricultural commodity and it bears or
 1763  contains a pesticide chemical that is unsafe within the meaning
 1764  of s. 408(a) of the Federal Food, Drug, and Cosmetic Act;
 1765  however, if where a pesticide chemical has been used in or on a
 1766  raw agricultural commodity in conformity with an exemption
 1767  granted or a tolerance prescribed under s. 408 of the Federal
 1768  Food, Drug, and Cosmetic Act and that raw agricultural commodity
 1769  has been subjected to processing such as canning, cooking,
 1770  freezing, dehydrating, or milling, the processed feed will
 1771  result, or is likely to result, in pesticide residue in the
 1772  edible product of the animal which is unsafe within the meaning
 1773  of s. 408(a) of the Federal Food, Drug, and Cosmetic Act; or
 1774         (e) If it is, or it bears or contains, a any new animal
 1775  drug that is unsafe within the meaning of s. 512 of the Federal
 1776  Food, Drug, and Cosmetic Act;.
 1777         (f) If it consists, in whole or in part, of a filthy,
 1778  putrid, or decomposed substance, or if it is otherwise unfit for
 1779  feed;
 1780         (g) If it is prepared, packaged, or held under unsanitary
 1781  conditions whereby it may have become contaminated with filth,
 1782  or may have been rendered injurious to health; or
 1783         (h) If it is, in whole or in part, the product of a
 1784  diseased animal or of an animal that died by a means other than
 1785  slaughter which is unsafe within the meaning of s. 402(a)(1) or
 1786  (2) of the Federal Food, Drug, and Cosmetic Act.
 1787         Section 87. Subsection (5) of section 581.091, Florida
 1788  Statutes, is amended to read:
 1789         581.091 Noxious weeds and infected plants or regulated
 1790  articles; sale or distribution; receipt; information to
 1791  department; withholding information.—
 1792         (5)(a) Notwithstanding any other provision of state law or
 1793  rule, a person may obtain a special permit from the department
 1794  to plant Casuarina cunninghamiana as a windbreak for a
 1795  commercial citrus grove if provided the plants are produced in
 1796  an authorized registered nursery and certified by the department
 1797  as being vegetatively propagated from male plants. A “commercial
 1798  citrus grove” means a contiguous planting of 100 or more citrus
 1799  trees where citrus fruit is produced for sale.
 1800         (b) For a 5-year period, special permits authorizing a
 1801  person to plant Casuarina cunninghamiana shall be issued only as
 1802  part of a pilot program for fresh fruit groves in areas of
 1803  Indian River, St. Lucie, and Martin Counties where citrus canker
 1804  is determined by the department to be widespread. The pilot
 1805  program shall be reevaluated annually, and a comprehensive
 1806  review shall be conducted in 2013. The purpose of the annual and
 1807  5-year reviews is to determine if the use of Casuarina
 1808  cunninghamiana as an agricultural pest and disease windbreak
 1809  poses any adverse environmental consequences. At the end of the
 1810  5-year pilot program, if the Noxious Weed and Invasive Plant
 1811  Review Committee, created by the department, and the Department
 1812  of Environmental Protection, in consultation with a
 1813  representative of the citrus industry who has a Casuarina
 1814  cunninghamiana windbreak, determine that the potential is low
 1815  for adverse environmental impacts from planting Casuarina
 1816  cunninghamiana as windbreaks, the department may, by rule, allow
 1817  the use of Casuarina cunninghamiana windbreaks for commercial
 1818  citrus groves in other areas of the state. If it is determined
 1819  at the end of the 5-year pilot program that additional time is
 1820  needed to further evaluate Casuarina cunninghamiana, the
 1821  department will remain the lead agency.
 1822         (b)(c) Each application for a special permit must shall be
 1823  accompanied by a fee in an amount determined by the department,
 1824  by rule, not to exceed $500. A special permit is shall be
 1825  required for each noncontiguous commercial citrus grove and
 1826  shall be renewed every 5 years. The property owner shall
 1827  maintain and produce is responsible for maintaining and
 1828  producing for inspection the original nursery invoice with
 1829  certification documentation. If ownership of the property is
 1830  transferred, the seller shall must notify the department and
 1831  provide the buyer with a copy of the special permit and copies
 1832  of all invoices and certification documentation before prior to
 1833  the closing of the sale.
 1834         (c)(d) Each application must shall include a baseline
 1835  survey of all lands within 500 feet of the proposed Casuarina
 1836  cunninghamiana windbreak showing the location and identifying
 1837  the identification to species of all existing Casuarina spp.
 1838         (d)(e) Nurseries authorized to produce Casuarina
 1839  cunninghamiana shall must obtain a special permit from the
 1840  department certifying that the plants have been vegetatively
 1841  propagated from sexually mature male source trees currently
 1842  grown in the state. The importation of Casuarina cunninghamiana
 1843  from any area outside the state for use to be used as a
 1844  propagation source tree is prohibited. Each male source tree
 1845  must be registered by the department as being a horticulturally
 1846  true-to-type male plant and be labeled with a source tree
 1847  registration number. Each nursery application for a special
 1848  permit must shall be accompanied by a fee in an amount
 1849  determined by the department, by rule, not to exceed $200.
 1850  Special permits shall be renewed annually. The department shall,
 1851  by rule, set the amount of an annual fee, not to exceed $50, for
 1852  each Casuarina cunninghamiana registered as a source tree.
 1853  Nurseries may only sell Casuarina cunninghamiana to a person
 1854  with a special permit as specified in paragraphs (a) and (b).
 1855  The source tree registration numbers of the parent plants must
 1856  be documented on each invoice or other certification
 1857  documentation provided to the buyer.
 1858         (e)(f) All Casuarina cunninghamiana shall must be destroyed
 1859  by the property owner within 6 months after:
 1860         1. The property owner takes permanent action to no longer
 1861  use the site for commercial citrus production;
 1862         2. The site has not been used for commercial citrus
 1863  production for a period of 5 years; or
 1864         3. The department determines that the Casuarina
 1865  cunninghamiana on the site has become invasive. This
 1866  determination shall be based on, but not limited to, the
 1867  recommendation of the Noxious Weed and Invasive Plant Review
 1868  Committee and the Department of Environmental Protection and
 1869  made in consultation with a representative of the citrus
 1870  industry who has a Casuarina cunninghamiana windbreak.
 1871  
 1872  If the owner or person in charge refuses or neglects to comply,
 1873  the director or her or his authorized representative may, under
 1874  authority of the department, proceed to destroy the plants. The
 1875  expense of the destruction shall be assessed, collected, and
 1876  enforced against the owner by the department. If the owner does
 1877  not pay the assessed cost, the department may record a lien
 1878  against the property.
 1879         (f)(g) The use of Casuarina cunninghamiana for windbreaks
 1880  does shall not preclude the department from issuing permits for
 1881  the research or release of biological control agents to control
 1882  Casuarina spp. as provided in in accordance with s. 581.083.
 1883         (g)(h) The use of Casuarina cunninghamiana for windbreaks
 1884  may shall not restrict or interfere with any other agency or
 1885  local government effort to manage or control noxious weeds or
 1886  invasive plants, including Casuarina cunninghamiana. An, nor
 1887  shall any other agency or local government may not remove any
 1888  Casuarina cunninghamiana planted as a windbreak under special
 1889  permit issued by the department.
 1890         (i) The department shall develop and implement a monitoring
 1891  protocol to determine invasiveness of Casuarina cunninghamiana.
 1892  The monitoring protocol shall, at a minimum, require:
 1893         1. Inspection of the planting site by department inspectors
 1894  within 30 days following initial planting or any subsequent
 1895  planting of Casuarina cunninghamiana to ensure the criteria of
 1896  the special permit have been met.
 1897         2. Annual site inspections of planting sites and all lands
 1898  within 500 feet of the planted windbreak by department
 1899  inspectors who have been trained to identify Casuarina spp. and
 1900  to make determinations of whether Casuarina cunninghamiana has
 1901  spread beyond the permitted windbreak location.
 1902         3. Any new seedlings found within 500 feet of the planted
 1903  windbreak to be removed, identified to the species level, and
 1904  evaluated to determine if hybridization has occurred.
 1905         4. The department to submit an annual report and a final 5
 1906  year evaluation identifying any adverse effects resulting from
 1907  the planting of Casuarina cunninghamiana for windbreaks and
 1908  documenting all inspections and the results of those inspections
 1909  to the Noxious Weed and Invasive Plant Review Committee, the
 1910  Department of Environmental Protection, and a designated
 1911  representative of the citrus industry who has a Casuarina
 1912  cunninghamiana windbreak.
 1913         (j) If the department determines that female flowers or
 1914  cones have been produced on any Casuarina cunninghamiana that
 1915  have been planted under a special permit issued by the
 1916  department, the property owner shall be responsible for
 1917  destroying the trees. The department shall notify the property
 1918  owner of the timeframe and method of destruction.
 1919         (k) If at any time the department determines that
 1920  hybridization has occurred during the pilot program between
 1921  Casuarina cunninghamiana planted as a windbreak and other
 1922  Casuarina spp., the department shall expeditiously initiate
 1923  research to determine the invasiveness of the hybrid. The
 1924  information obtained from this research shall be evaluated by
 1925  the Noxious Weed and Invasive Plant Review Committee, the
 1926  Department of Environmental Protection, and a designated
 1927  representative of the citrus industry who has a Casuarina
 1928  cunninghamiana windbreak. If the department determines that the
 1929  hybrids have a high potential to become invasive, based on, but
 1930  not limited to, the recommendation of the Noxious Weed and
 1931  Invasive Plant Review Committee, the Department of Environmental
 1932  Protection, and a designated representative of the citrus
 1933  industry who has a Casuarina cunninghamiana windbreak, this
 1934  pilot program shall be permanently suspended.
 1935         (l) Each application for a special permit must be
 1936  accompanied by a fee as described in paragraph (c) and an
 1937  agreement that the property owner will abide by all permit
 1938  conditions including the removal of Casuarina cunninghamiana if
 1939  invasive populations or other adverse environmental factors are
 1940  determined to be present by the department as a result of the
 1941  use of Casuarina cunninghamiana as windbreaks. The application
 1942  must include, on a form provided by the department, the name of
 1943  the applicant and the applicant’s address or the address of the
 1944  applicant’s principal place of business; a statement of the
 1945  estimated cost of removing and destroying the Casuarina
 1946  cunninghamiana that is the subject of the special permit; and
 1947  the basis for calculating or determining that estimate. If the
 1948  applicant is a corporation, partnership, or other business
 1949  entity, the applicant must also provide in the application the
 1950  name and address of each officer, partner, or managing agent.
 1951  The applicant shall notify the department within 30 business
 1952  days of any change of address or change in the principal place
 1953  of business. The department shall mail all notices to the
 1954  applicant’s last known address.
 1955         1. Upon obtaining a permit, the permitholder must annually
 1956  maintain the Casuarina cunninghamiana authorized by a special
 1957  permit as required in the permit. If the permitholder ceases to
 1958  maintain the Casuarina cunninghamiana as required by the special
 1959  permit, if the permit expires, or if the permitholder ceases to
 1960  abide by the conditions of the special permit, the permitholder
 1961  must shall remove and destroy the Casuarina cunninghamiana in a
 1962  timely manner as specified in the permit.
 1963         2. If the department:
 1964         a. Determines that the permitholder is no longer
 1965  maintaining the Casuarina cunninghamiana subject to the special
 1966  permit and has not removed and destroyed the Casuarina
 1967  cunninghamiana authorized by the special permit;
 1968         b. Determines that the continued use of Casuarina
 1969  cunninghamiana as windbreaks presents an imminent danger to
 1970  public health, safety, or welfare; or
 1971         c. Determines that the permitholder has exceeded the
 1972  conditions of the authorized special permit,;
 1973  
 1974  the department may issue an immediate final order, which is
 1975  shall be immediately appealable or enjoinable pursuant to as
 1976  provided by chapter 120, directing the permitholder to
 1977  immediately remove and destroy the Casuarina cunninghamiana
 1978  authorized to be planted under the special permit. A copy of the
 1979  immediate final order shall be provided mailed to the
 1980  permitholder.
 1981         3. If, upon issuance by the department of an immediate
 1982  final order to the permitholder, the permitholder fails to
 1983  remove and destroy the Casuarina cunninghamiana subject to the
 1984  special permit within 60 days after issuance of the order, or
 1985  such shorter period as is designated in the order as public
 1986  health, safety, or welfare requires, the department may remove
 1987  and destroy the Casuarina cunninghamiana that are the subject of
 1988  the special permit. If the permitholder makes a written request
 1989  to the department for an extension of time to remove and destroy
 1990  the Casuarina cunninghamiana that demonstrates specific facts
 1991  showing why the Casuarina cunninghamiana could not reasonably be
 1992  removed and destroyed in the applicable timeframe, the
 1993  department may extend the time for removing and destroying
 1994  Casuarina cunninghamiana subject to a special permit. The
 1995  reasonable costs and expenses incurred by the department for
 1996  removing and destroying Casuarina cunninghamiana subject to a
 1997  special permit shall be paid out of the Citrus Inspection Trust
 1998  Fund and shall be reimbursed by the party to which the immediate
 1999  final order is issued. If the party to which the immediate final
 2000  order has been issued fails to reimburse the state within 60
 2001  days, the department may record a lien on the property. The lien
 2002  shall be enforced by the department.
 2003         4. In order to carry out the purposes of this paragraph,
 2004  the department or its agents may require a permitholder to
 2005  provide verified statements of the planted acreage subject to
 2006  the special permit and may review the permitholder’s business or
 2007  planting records at her or his place of business during normal
 2008  business hours in order to determine the acreage planted. The
 2009  failure of a permitholder to furnish such statement or to make
 2010  such records available is cause for suspension of the special
 2011  permit. If the department finds such failure to be willful, the
 2012  special permit may be revoked.
 2013         Section 88. Subsection (8) of section 581.131, Florida
 2014  Statutes, is amended to read:
 2015         581.131 Certificate of registration.—
 2016         (8) The department shall provide to each person subject to
 2017  this section written notice and renewal forms 30 60 days before
 2018  prior to the annual renewal date informing the person of the
 2019  certificate of registration renewal date and the applicable fee.
 2020         Section 89. Subsection (4) of section 583.01, Florida
 2021  Statutes, is amended to read:
 2022         583.01 Definitions.—For the purpose of this chapter, unless
 2023  elsewhere indicated, the term:
 2024         (4) “Dealer” means a any person, firm, or corporation,
 2025  including a producer, processor, retailer, or wholesaler, that
 2026  sells, offers for sale, or holds for the purpose of sale in this
 2027  state 30 dozen or more eggs or its equivalent in any one week,
 2028  or more than 384 in excess of 100 pounds of dressed birds
 2029  poultry in any one week.
 2030         Section 90. Section 570.38, Florida Statutes, is
 2031  transferred, renumbered as section 585.008, Florida Statutes,
 2032  and amended to read:
 2033         585.008 570.38 Animal Industry Technical Council.—
 2034         (1) COMPOSITION.—The Animal Industry Technical Council is
 2035  hereby created in the department and shall be composed of 14
 2036  members as follows:
 2037         (a) The beef cattle, swine, dairy, horse, independent
 2038  agricultural market markets, meat processing and packing
 2039  establishment establishments, veterinary medicine, and poultry
 2040  representatives who serve on the State Agricultural Advisory
 2041  Council and three additional representatives from the beef
 2042  cattle industry, as well as three at-large members representing
 2043  other animal industries in the state, who shall be appointed by
 2044  the commissioner for 4-year terms or until their successors are
 2045  duly qualified and appointed.
 2046         (b) Each additional beef cattle representative shall be
 2047  appointed subject to the qualifications and by the procedure as
 2048  prescribed in s. 570.23 for membership to the council by the
 2049  beef cattle representative. If a vacancy occurs in these three
 2050  positions, it shall be filled for the remainder of the term in
 2051  the same manner as an initial appointment.
 2052         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 2053  meetings, powers and duties, procedures, and recordkeeping of
 2054  the Animal Industry Technical Council shall be pursuant to s.
 2055  570.232 governed by the provisions of s. 570.0705 relating to
 2056  advisory committees established within the department.
 2057         Section 91. Subsection (3) is added to section 589.08,
 2058  Florida Statutes, to read:
 2059         589.08 Land acquisition restrictions.—
 2060         (3) The Florida Forest Service shall pay 15 percent of the
 2061  gross receipts from the Goethe State Forest to each fiscally
 2062  constrained county as described in s. 218.67(1) in which a
 2063  portion of the Goethe State Forest is located in proportion to
 2064  the forest acreage located in such county. The funds must be
 2065  equally divided between the board of county commissioners and
 2066  the school board of each fiscally constrained county.
 2067         Section 92. Subsections (1) and (3) of section 589.011,
 2068  Florida Statutes, are amended to read:
 2069         589.011 Use of state forest lands; fees; rules.—
 2070         (1) If authorized by a land management plan approved
 2071  pursuant to chapter 253 or by an interim assignment letter that
 2072  identifies the interim management activities issued by the
 2073  Department of Environmental Protection pursuant to chapter 259,
 2074  the Florida Forest Service of the Department of Agriculture and
 2075  Consumer Services may grant privileges, permits, leases, and
 2076  concessions for the use of state forest lands or any land leased
 2077  by or otherwise assigned to the Florida Forest Service for
 2078  management purposes, timber, and forest products pursuant to for
 2079  purposes not inconsistent with the provisions of this chapter.
 2080         (3) The Florida Forest Service may shall have the power to
 2081  set and collect charge reasonable fees, rentals, or charges or
 2082  rent for the use or operation of facilities and concessions on
 2083  state forests or any lands leased by or otherwise assigned to
 2084  the Florida Forest Service for management purposes based on
 2085  factors such as the cost and extent of recreational facilities
 2086  and services, geographical location, seasonal public demand,
 2087  fees charged by other governmental and private entities for
 2088  comparable services and activities, and market value and demand
 2089  for forest products. Moneys collected from such fees, rentals,
 2090  and charges rent shall be deposited into the Incidental Trust
 2091  Fund of the Florida Forest Service.
 2092         Section 93. Section 589.20, Florida Statutes, is amended to
 2093  read:
 2094         589.20 Cooperation by Florida Forest Service.—The Florida
 2095  Forest Service may cooperate with other state agencies, water
 2096  management districts, municipalities, or other governmental
 2097  entities who are custodians of lands which are suitable for
 2098  forestry purposes, in the designation and dedication of such
 2099  lands that are suitable for forestry purposes when in the
 2100  opinion of the state agencies concerned such lands are suitable
 2101  for these purposes and can be so administered. Lands designated
 2102  and dedicated by a state agency, water management district,
 2103  municipality, or other government entity Upon the designation
 2104  and dedication of said lands for forestry these purposes by the
 2105  agencies concerned, said lands shall be administered by the
 2106  Florida Forest Service.
 2107         Section 94. Subsection (7) of section 590.02, Florida
 2108  Statutes, is amended to read:
 2109         590.02 Florida Forest Service; powers, authority, and
 2110  duties; liability; building structures; Withlacoochee Training
 2111  Florida Center for Wildfire and Forest Resources Management
 2112  Training.—
 2113         (7) The Florida Forest Service may organize, staff, equip,
 2114  and operate the Withlacoochee Florida Forest Training Center.
 2115  The center shall serve as a site where fire and forest resource
 2116  managers can obtain current knowledge, techniques, skills, and
 2117  theory as they relate to their respective disciplines.
 2118         (a) The center may establish cooperative efforts involving
 2119  federal, state, and local entities; hire appropriate personnel;
 2120  and engage others by contract or agreement with or without
 2121  compensation to assist in carrying out the training and
 2122  operations of the center.
 2123         (b) The center shall provide wildfire suppression training
 2124  opportunities for rural fire departments, volunteer fire
 2125  departments, and other local fire response units.
 2126         (c) The center shall will focus on curriculum related to,
 2127  but not limited to, fuel reduction, an incident management
 2128  system, prescribed burning certification, multiple-use land
 2129  management, water quality, forest health, environmental
 2130  education, and wildfire suppression training for structural
 2131  firefighters.
 2132         (d) The center may assess appropriate fees for food,
 2133  lodging, travel, course materials, and supplies in order to meet
 2134  its operational costs and may grant free meals, room, and
 2135  scholarships to persons and other entities in exchange for
 2136  instructional assistance.
 2137         Section 95. Subsection (2) of section 590.125, Florida
 2138  Statutes, is amended to read:
 2139         590.125 Open burning authorized by the Florida Forest
 2140  Service.—
 2141         (2) NONCERTIFIED BURNING.—
 2142         (a) Persons may be authorized to broadcast burn or pile
 2143  burn pursuant to in accordance with this subsection if:
 2144         1. There is specific consent of the landowner or his or her
 2145  designee;
 2146         2. Authorization has been obtained from the Florida Forest
 2147  Service or its designated agent before starting the burn;
 2148         3. There are adequate firebreaks at the burn site and
 2149  sufficient personnel and firefighting equipment for the
 2150  containment of the fire;
 2151         4. The fire remains within the boundary of the authorized
 2152  area;
 2153         5. The person named responsible in the burn authorization
 2154  or a designee is present at the burn site until the fire is
 2155  completed;
 2156         6. The Florida Forest Service does not cancel the
 2157  authorization; and
 2158         7. The Florida Forest Service determines that air quality
 2159  and fire danger are favorable for safe burning.
 2160         (b) A new authorization is not required for smoldering that
 2161  occurs within the authorized burn area unless new ignitions are
 2162  conducted by the person named responsible in the burn
 2163  authorization or a designee.
 2164         (c) Monitoring the smoldering activity of a burn does not
 2165  require an additional authorization even if flames begin to
 2166  spread within the authorized burn site due to ongoing smoldering
 2167  activity.
 2168         (d)(b) A person who broadcast burns or pile burns in a
 2169  manner that violates any requirement of this subsection commits
 2170  a misdemeanor of the second degree, punishable as provided in s.
 2171  775.082 or s. 775.083.
 2172         Section 96. Section 570.0725, Florida Statutes, is
 2173  transferred and renumbered as section 595.420, Florida Statutes.
 2174         Section 97. Paragraph (k) of subsection (1) of section
 2175  597.003, Florida Statutes, is amended to read:
 2176         597.003 Powers and duties of Department of Agriculture and
 2177  Consumer Services.—
 2178         (1) The department is hereby designated as the lead agency
 2179  in encouraging the development of aquaculture in the state and
 2180  shall have and exercise the following functions, powers, and
 2181  duties with regard to aquaculture:
 2182         (k) Make available state lands and the water column for the
 2183  purpose of producing aquaculture products when the aquaculture
 2184  activity is compatible with state resource management goals,
 2185  environmental protection, and proprietary interest and when such
 2186  state lands and waters are determined to be suitable for
 2187  aquaculture development by the Board of Trustees of the Internal
 2188  Improvement Trust Fund pursuant to s. 253.68; provide training
 2189  as necessary to lessees; and be responsible for all saltwater
 2190  aquaculture activities located on sovereignty submerged land or
 2191  in the water column above such land and adjacent facilities
 2192  directly related to the aquaculture activity.
 2193         1. The department shall act in cooperation with other state
 2194  and local agencies and programs to identify and designate
 2195  sovereignty lands and waters that would be suitable for
 2196  aquaculture development.
 2197         2. The department shall identify and evaluate specific
 2198  tracts of sovereignty submerged lands and water columns in
 2199  various areas of the state to determine where such lands and
 2200  waters are suitable for leasing for aquaculture purposes.
 2201  Nothing in this subparagraph or subparagraph 1. shall preclude
 2202  the applicant from applying for sites identified by the
 2203  applicant.
 2204         3. The department shall provide assistance in developing
 2205  technologies applicable to aquaculture activities, evaluate
 2206  practicable production alternatives, and provide agreements to
 2207  develop innovative culture practices.
 2208         Section 98. Paragraph (j) is added to subsection (1) of
 2209  section 597.004, Florida Statutes, to read:
 2210         597.004 Aquaculture certificate of registration.—
 2211         (1) CERTIFICATION.—Any person engaging in aquaculture must
 2212  be certified by the department. The applicant for a certificate
 2213  of registration shall submit the following to the department:
 2214         (j) A certificate of training, if required under the best
 2215  management practices adopted pursuant to this section.
 2216         Section 99. Subsection (1) of section 597.020, Florida
 2217  Statutes, is amended to read:
 2218         597.020 Shellfish processors; regulation.—
 2219         (1) The department may:
 2220         (a)is authorized to Adopt by rule regulations,
 2221  specifications, training requirements, and codes relating to
 2222  sanitary practices for catching, cultivating, handling,
 2223  processing, packaging, preserving, canning, smoking, and storing
 2224  of oysters, clams, mussels, scallops, and crabs.
 2225         (b)The department is also authorized to License shellfish
 2226  processors who handle oysters, clams, mussels, scallops, and
 2227  crabs when such activities relate to quality control, sanitary,
 2228  and public health practices pursuant to this section and chapter
 2229  500.
 2230         (c)The department is also authorized to License or
 2231  certify, for a fee determined by rule, facilities used for
 2232  processing oysters, clams, mussels, scallops, and crabs;, to
 2233  levy an administrative fine in the Class I category pursuant to
 2234  s. 570.971 for each violation, for each day the violation exists
 2235  of up to $1,000 per violation per day or to suspend or revoke
 2236  such licenses or certificates upon satisfactory evidence of a
 2237  any violation of rules adopted pursuant to this section;, and to
 2238  seize and destroy any adulterated or misbranded shellfish
 2239  products as defined by rule.
 2240         Section 100. Section 570.481, Florida Statutes, is
 2241  transferred and renumbered as section 603.011, Florida Statutes.
 2242         Section 101. Section 570.55, Florida Statutes, is
 2243  transferred and renumbered as section 603.211, Florida Statutes.
 2244         Section 102. Subsection (2) of section 604.16, Florida
 2245  Statutes, is amended, and subsection (5) is added to that
 2246  section, to read:
 2247         604.16 Exceptions to provisions of ss. 604.15-604.34.
 2248  Except for s. 604.22(2), the provisions of ss. 604.15-604.34 do
 2249  not apply to:
 2250         (2) A dealer in agricultural products who pays at the time
 2251  of purchase with United States cash currency or a cash
 2252  equivalent, such as a money order, cashier’s check, wire
 2253  transfer, electronic funds transfer, or PIN debit transaction
 2254  debit card.
 2255         (5) A dealer in agricultural products to the extent that
 2256  the dealer purchases agricultural products from a producer owned
 2257  by the exact same person as the dealer, owned solely by the
 2258  dealer, or who solely owns the dealer.
 2259         Section 103. Section 604.22, Florida Statutes, is amended
 2260  to read:
 2261         604.22 Dealers to keep records; contents.—
 2262         (1)(a) Each licensee, while acting as agent for a producer,
 2263  shall make and preserve for at least 1 year a record of each
 2264  transaction, specifying the name and address of the producer for
 2265  whom she or he acts as agent; the date of receipt; the kind,
 2266  quality, and quantity of agricultural products received; the
 2267  name and address of the purchaser of each package of
 2268  agricultural products; the price for which each package was
 2269  sold; the amount of any additional charges necessary to
 2270  effectuate the sale; the amount and explanation of any
 2271  adjustments given; and the net amount due from each purchaser.
 2272         (b) An account of sales shall be furnished to each producer
 2273  within 48 hours after the sale of such agricultural products
 2274  unless otherwise agreed to in a written contract or verifiable
 2275  oral agreement. Such account of sales shall clearly show the
 2276  sale price of each lot of agricultural products sold; all
 2277  adjustments to the original price, along with an explanation of
 2278  such adjustments; and an itemized showing of all marketing costs
 2279  deducted by the licensee, along with the net amount due the
 2280  producer.
 2281         (c) The licensee shall make the payment to the producer
 2282  within 5 days after of the licensee’s receipt of payment unless
 2283  otherwise agreed to in a written contract or verifiable oral
 2284  agreement.
 2285         (2)(a) Notwithstanding The provisions of s. 604.16(2), (3),
 2286  and (4) notwithstanding, a any person, partnership, corporation,
 2287  or other business entity, except a person described in s.
 2288  604.16(1), who possesses and offers for sale agricultural
 2289  products is required to possess and display, upon the request of
 2290  a any department representative or state, county, or local law
 2291  enforcement officer, an invoice, bill of sale, manifest, or
 2292  other written document showing the date of sale, the name and
 2293  address of the seller, and the kind and quantity of products for
 2294  all such agricultural products.
 2295         (b) A Any person who violates the provisions of this
 2296  section is subject to s. 604.30(2) and (3) subsection is guilty
 2297  of a misdemeanor of the second degree, punishable as provided in
 2298  s. 775.082 or s. 775.083.
 2299         Section 104. Sections 487.172, 500.301, 500.302, 500.303,
 2300  500.304, 500.305, 500.306, 500.601, 570.345, 570.542, 570.72,
 2301  570.92, 589.081, and 590.091, Florida Statutes, are repealed.
 2302         Section 105. Paragraph (c) of subsection (6) of section
 2303  193.461, Florida Statutes, is amended to read:
 2304         193.461 Agricultural lands; classification and assessment;
 2305  mandated eradication or quarantine program.—
 2306         (6)
 2307         (c)1. For purposes of the income methodology approach to
 2308  assessment of property used for agricultural purposes,
 2309  irrigation systems, including pumps and motors, physically
 2310  attached to the land are shall be considered a part of the
 2311  average yields per acre and shall have no separately assessable
 2312  contributory value.
 2313         2. Litter containment structures located on producing
 2314  poultry farms and animal waste nutrient containment structures
 2315  located on producing dairy farms shall be assessed by the
 2316  methodology described in subparagraph 1.
 2317         3. Structures or improvements used in horticultural
 2318  production for frost or freeze protection, which structures or
 2319  improvements are consistent with the interim measures or best
 2320  management practices adopted by the Department of Agriculture
 2321  and Consumer Services Services’ interim measures or best
 2322  management practices adopted pursuant to s. 570.93 s. 570.085 or
 2323  s. 403.067(7)(c), shall be assessed by the methodology described
 2324  in subparagraph 1.
 2325         Section 106. Subsection (1) of section 253.74, Florida
 2326  Statutes, is amended to read:
 2327         253.74 Penalties.—
 2328         (1) A Any person who conducts aquaculture activities in
 2329  excess of those authorized by the board or who conducts such
 2330  activities on state-owned submerged lands without having
 2331  previously obtained an authorization from the board commits a
 2332  misdemeanor of the second degree, punishable as provided in s.
 2333  775.082, is and shall be subject to a civil fine in the Class I
 2334  category pursuant to s. 570.971 imprisonment for not more than 6
 2335  months or fine of not more than $1,000, or both. In addition to
 2336  such fine and imprisonment, all works, improvements, and animal
 2337  and plant life involved in the project, may be forfeited to the
 2338  state.
 2339         Section 107. Paragraph (c) of subsection (5) of section
 2340  288.1175, Florida Statutes, is amended to read:
 2341         288.1175 Agriculture education and promotion facility.—
 2342         (5) The Department of Agriculture and Consumer Services
 2343  shall competitively evaluate applications for funding of an
 2344  agriculture education and promotion facility. If the number of
 2345  applicants exceeds three, the Department of Agriculture and
 2346  Consumer Services shall rank the applications based upon
 2347  criteria developed by the Department of Agriculture and Consumer
 2348  Services, with priority given in descending order to the
 2349  following items:
 2350         (c) The location of the facility in a brownfield site as
 2351  defined in s. 376.79(3), a rural enterprise zone as defined in
 2352  s. 290.004, an agriculturally depressed area as defined in s.
 2353  570.74 s. 570.242(1), or a county that has lost its agricultural
 2354  land to environmental restoration projects.
 2355         Section 108. Paragraph (b) of subsection (14) and paragraph
 2356  (b) of subsection (77) of section 320.08058, Florida Statutes,
 2357  are amended to read:
 2358         320.08058 Specialty license plates.—
 2359         (14) FLORIDA AGRICULTURAL LICENSE PLATES.—
 2360         (b) The proceeds of the Florida Agricultural license plate
 2361  annual use fee must be forwarded to the direct-support
 2362  organization created pursuant to s. 570.691 in s. 570.903. The
 2363  funds must be used for the sole purpose of funding and promoting
 2364  the Florida agriculture in the classroom program established
 2365  within the Department of Agriculture and Consumer Services
 2366  pursuant to s. 570.693 s. 570.91.
 2367         (77) FLORIDA HORSE PARK LICENSE PLATES.—
 2368         (b) The annual use fees shall be distributed to the Florida
 2369  Agriculture Center and Horse Park Authority created by s.
 2370  570.685 s. 570.952, which shall retain all proceeds until all
 2371  startup costs for developing and establishing the plate have
 2372  been recovered. Thereafter, the proceeds shall be used as
 2373  follows:
 2374         1. A maximum of 5 percent of the proceeds from the annual
 2375  use fees may be used for the administration of the Florida Horse
 2376  Park license plate program.
 2377         2. A maximum of 5 percent of the proceeds may be used to
 2378  promote and market the license plate.
 2379         3. The remaining proceeds shall be used by the authority to
 2380  promote the Florida Agriculture Center and Horse Park located in
 2381  Marion County; to support continued development of the park,
 2382  including the construction of additional educational facilities,
 2383  barns, and other structures; to provide improvements to the
 2384  existing infrastructure at the park; and to provide for
 2385  operational expenses of the Florida Agriculture Center and Horse
 2386  Park.
 2387         Section 109. Section 373.621, Florida Statutes, is amended
 2388  to read:
 2389         373.621 Water conservation.—The Legislature recognizes the
 2390  significant value of water conservation in the protection and
 2391  efficient use of water resources. Accordingly, consideration in
 2392  the administration of ss. 373.223, 373.233, and 373.236 shall be
 2393  given to applicants who implement water conservation practices
 2394  pursuant to s. 570.93 s. 570.085 or other applicable water
 2395  conservation measures as determined by the department or a water
 2396  management district.
 2397         Section 110. Paragraph (a) of subsection (2) of section
 2398  373.709, Florida Statutes, is amended to read:
 2399         373.709 Regional water supply planning.—
 2400         (2) Each regional water supply plan must be based on at
 2401  least a 20-year planning period and must include, but need not
 2402  be limited to:
 2403         (a) A water supply development component for each water
 2404  supply planning region identified by the district which
 2405  includes:
 2406         1. A quantification of the water supply needs for all
 2407  existing and future reasonable-beneficial uses within the
 2408  planning horizon. The level-of-certainty planning goal
 2409  associated with identifying the water supply needs of existing
 2410  and future reasonable-beneficial uses must be based upon meeting
 2411  those needs for a 1-in-10-year drought event.
 2412         a. Population projections used for determining public water
 2413  supply needs must be based upon the best available data. In
 2414  determining the best available data, the district shall consider
 2415  the University of Florida’s Bureau of Economic and Business
 2416  Research (BEBR) medium population projections and population
 2417  projection data and analysis submitted by a local government
 2418  pursuant to the public workshop described in subsection (1) if
 2419  the data and analysis support the local government’s
 2420  comprehensive plan. Any adjustment of or deviation from the BEBR
 2421  projections must be fully described, and the original BEBR data
 2422  must be presented along with the adjusted data.
 2423         b. Agricultural demand projections used for determining the
 2424  needs of agricultural self-suppliers must be based upon the best
 2425  available data. In determining the best available data for
 2426  agricultural self-supplied water needs, the district shall
 2427  consider the data indicative of future water supply demands
 2428  provided by the Department of Agriculture and Consumer Services
 2429  pursuant to s. 570.93 s. 570.085 and agricultural demand
 2430  projection data and analysis submitted by a local government
 2431  pursuant to the public workshop described in subsection (1), if
 2432  the data and analysis support the local government’s
 2433  comprehensive plan. Any adjustment of or deviation from the data
 2434  provided by the Department of Agriculture and Consumer Services
 2435  must be fully described, and the original data must be presented
 2436  along with the adjusted data.
 2437         2. A list of water supply development project options,
 2438  including traditional and alternative water supply project
 2439  options, from which local government, government-owned and
 2440  privately owned utilities, regional water supply authorities,
 2441  multijurisdictional water supply entities, self-suppliers, and
 2442  others may choose for water supply development. In addition to
 2443  projects listed by the district, such users may propose specific
 2444  projects for inclusion in the list of alternative water supply
 2445  projects. If such users propose a project to be listed as an
 2446  alternative water supply project, the district shall determine
 2447  whether it meets the goals of the plan, and, if so, it shall be
 2448  included in the list. The total capacity of the projects
 2449  included in the plan must exceed the needs identified in
 2450  subparagraph 1. and take into account water conservation and
 2451  other demand management measures, as well as water resources
 2452  constraints, including adopted minimum flows and levels and
 2453  water reservations. Where the district determines it is
 2454  appropriate, the plan should specifically identify the need for
 2455  multijurisdictional approaches to project options that, based on
 2456  planning level analysis, are appropriate to supply the intended
 2457  uses and that, based on such analysis, appear to be permittable
 2458  and financially and technically feasible. The list of water
 2459  supply development options must contain provisions that
 2460  recognize that alternative water supply options for agricultural
 2461  self-suppliers are limited.
 2462         3. For each project option identified in subparagraph 2.,
 2463  the following must be provided:
 2464         a. An estimate of the amount of water to become available
 2465  through the project.
 2466         b. The timeframe in which the project option should be
 2467  implemented and the estimated planning-level costs for capital
 2468  investment and operating and maintaining the project.
 2469         c. An analysis of funding needs and sources of possible
 2470  funding options. For alternative water supply projects, the
 2471  water management districts shall provide funding pursuant to
 2472  assistance in accordance with s. 373.707(8).
 2473         d. Identification of the entity that should implement each
 2474  project option and the current status of project implementation.
 2475         Section 111. Paragraph (d) of subsection (2) of section
 2476  381.0072, Florida Statutes, is amended to read:
 2477         381.0072 Food service protection.—It shall be the duty of
 2478  the Department of Health to adopt and enforce sanitation rules
 2479  consistent with law to ensure the protection of the public from
 2480  food-borne illness. These rules shall provide the standards and
 2481  requirements for the storage, preparation, serving, or display
 2482  of food in food service establishments as defined in this
 2483  section and which are not permitted or licensed under chapter
 2484  500 or chapter 509.
 2485         (2) DUTIES.—
 2486         (d) The department shall inspect each food service
 2487  establishment as often as necessary to ensure compliance with
 2488  applicable laws and rules. The department shall have the right
 2489  of entry and access to these food service establishments at any
 2490  reasonable time. In inspecting food service establishments as
 2491  provided under this section, the department shall provide each
 2492  inspected establishment with the food recovery brochure
 2493  developed under s. 595.420 s. 570.0725.
 2494         Section 112. Paragraph (c) of subsection (2) of section
 2495  388.46, Florida Statutes, is amended to read:
 2496         388.46 Florida Coordinating Council on Mosquito Control;
 2497  establishment; membership; organization; responsibilities.—
 2498         (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
 2499         (c) Responsibilities.—The council shall:
 2500         1. Develop and implement guidelines to assist the
 2501  department in resolving disputes arising over the control of
 2502  arthropods on publicly owned lands.
 2503         2. Develop and recommend to the department a request for
 2504  proposal process for arthropod control research.
 2505         3. Identify potential funding sources for research or
 2506  implementation projects and evaluate and prioritize proposals
 2507  upon request by the funding source.
 2508         4. Prepare and present reports, as needed, on arthropod
 2509  control activities in the state to the Pesticide Review Council
 2510  and other governmental organizations, as appropriate.
 2511         Section 113. Paragraph (c) of subsection (2) of section
 2512  472.0351, Florida Statutes, is amended to read:
 2513         472.0351 Grounds for discipline; penalties; enforcement.—
 2514         (2) If the board finds a surveyor or mapper guilty of any
 2515  of the grounds set forth in subsection (1) or a violation of
 2516  this chapter which occurred before obtaining a license, the
 2517  board may enter an order imposing one or more of the following
 2518  penalties:
 2519         (c) Imposition of an administrative fine in the Class I
 2520  category pursuant to s. 570.971 not to exceed $1,000 for each
 2521  count or separate offense.
 2522         Section 114. Subsections (1) and (2) and paragraph (a) of
 2523  subsection (3) of section 472.036, Florida Statutes, are amended
 2524  to read:
 2525         472.036 Unlicensed practice of professional surveying and
 2526  mapping; cease and desist notice; civil penalty; enforcement;
 2527  citations; allocation of moneys collected.—
 2528         (1) When the department has probable cause to believe that
 2529  a any person not licensed by the department or the board has
 2530  violated any provision of this chapter, or any rule adopted
 2531  pursuant to this chapter, the department may issue and deliver
 2532  to such person a notice to cease and desist from such violation.
 2533  In addition, the department may issue and deliver a notice to
 2534  cease and desist to a any person who aids and abets the
 2535  unlicensed practice of surveying and mapping by employing such
 2536  unlicensed person. The issuance of a notice to cease and desist
 2537  does shall not constitute agency action for which a hearing
 2538  under ss. 120.569 and 120.57 may be sought. For the purpose of
 2539  enforcing a cease and desist order, the department may file a
 2540  proceeding in the name of the state seeking issuance of an
 2541  injunction or a writ of mandamus against a any person who
 2542  violates any provisions of such order. In addition to the
 2543  foregoing remedies, the department may impose an administrative
 2544  fine in the Class II category pursuant to s. 570.971 for each
 2545  penalty not to exceed $5,000 per incident pursuant to the
 2546  provisions of chapter 120 or may issue a citation pursuant to
 2547  the provisions of subsection (3). If the department is required
 2548  to seek enforcement of the order for a penalty pursuant to s.
 2549  120.569, it shall be entitled to collect its attorney attorney’s
 2550  fees and costs, together with any cost of collection.
 2551         (2) In addition to or in lieu of any remedy provided in
 2552  subsection (1), the department may seek the imposition of a
 2553  civil penalty through the circuit court for any violation for
 2554  which the department may issue a notice to cease and desist
 2555  under subsection (1). The civil penalty shall be a fine in the
 2556  Class II category pursuant to s. 570.971 no less than $500 and
 2557  no more than $5,000 for each offense. The court may also award
 2558  to the prevailing party court costs and reasonable attorney fees
 2559  and, in the event the department prevails, may also award
 2560  reasonable costs of investigation.
 2561         (3)(a) Notwithstanding the provisions of s. 472.033, the
 2562  department shall adopt rules for to permit the issuance of
 2563  citations for unlicensed practice of a profession. The citation
 2564  shall be issued to the subject and shall contain the subject’s
 2565  name and any other information the department determines to be
 2566  necessary to identify the subject, a brief factual statement,
 2567  the sections of the law allegedly violated, and the penalty
 2568  imposed. The citation must clearly state that the subject may
 2569  choose, in lieu of accepting the citation, to follow the
 2570  procedure under s. 472.033. If the subject disputes the matter
 2571  in the citation, the procedures set forth in s. 472.033 must be
 2572  followed. However, if the subject does not dispute the matter in
 2573  the citation with the department within 30 days after the
 2574  citation is served, the citation shall become a final order of
 2575  the department upon filing with the agency clerk. The penalty
 2576  shall be a fine in the Class II category pursuant to s. 570.971
 2577  of not less than $500 or more than $5,000 or other conditions as
 2578  established by rule.
 2579         Section 115. Subsection (7) of section 482.161, Florida
 2580  Statutes, is amended to read:
 2581         482.161 Disciplinary grounds and actions; reinstatement.—
 2582         (7) The department, pursuant to chapter 120, in addition to
 2583  or in lieu of any other remedy provided by state or local law,
 2584  may impose an administrative fine in the Class II category
 2585  pursuant to s. 570.971, in an amount not exceeding $5,000, for a
 2586  the violation of any of the provisions of this chapter or of the
 2587  rules adopted pursuant to this chapter. In determining the
 2588  amount of fine to be levied for a violation, the following
 2589  factors shall be considered:
 2590         (a) The severity of the violation, including the
 2591  probability that the death, or serious harm to the health or
 2592  safety, of any person will result or has resulted; the severity
 2593  of the actual or potential harm; and the extent to which the
 2594  provisions of this chapter or of the rules adopted pursuant to
 2595  this chapter were violated;
 2596         (b) Any actions taken by the licensee or certified operator
 2597  in charge, or limited certificateholder, to correct the
 2598  violation or to remedy complaints;
 2599         (c) Any previous violations of this chapter or of the rules
 2600  adopted pursuant to this chapter; and
 2601         (d) The cost to the department of investigating the
 2602  violation.
 2603         Section 116. Subsections (3) and (5) of section 482.165,
 2604  Florida Statutes, are amended to read:
 2605         482.165 Unlicensed practice of pest control; cease and
 2606  desist order; injunction; civil suit and penalty.—
 2607         (3) In addition to or in lieu of any remedy provided under
 2608  subsection (2), the department may institute a civil suit in
 2609  circuit court to recover a civil penalty for a any violation for
 2610  which the department may issue a notice to cease and desist
 2611  under subsection (2). The civil penalty shall be in Class II
 2612  category pursuant to s. 570.971 may not be less than $500 or
 2613  more than $5,000 for each offense. The court may also award to
 2614  the prevailing party court costs and reasonable attorney
 2615  attorney’s fees.
 2616         (5) In addition to or in lieu of any remedy provided under
 2617  subsections (2) and (3), the department may, even in the case of
 2618  a first offense, impose a fine not less than twice the cost of a
 2619  pest control business license, but not more than a fine in the
 2620  Class II category pursuant to s. 570.971 $5,000, upon a
 2621  determination by the department that a person is in violation of
 2622  subsection (1). For the purposes of this subsection, the lapse
 2623  of a previously issued license for a period of less than 1 year
 2624  is shall not be considered a violation.
 2625         Section 117. Subsection (6) of section 482.243, Florida
 2626  Statutes, is amended to read:
 2627         482.243 Pest Control Enforcement Advisory Council.—
 2628         (6) The meetings, powers and duties, procedures, and
 2629  recordkeeping of the council shall be pursuant to s. 570.232 in
 2630  accordance with the provisions of s. 570.0705 relating to
 2631  advisory committees established within the department.
 2632         Section 118. Subsection (3) of section 487.047, Florida
 2633  Statutes, is amended to read:
 2634         487.047 Nonresident license; reciprocal agreement;
 2635  authorized purchase.—
 2636         (3) Restricted-use pesticides may be purchased by a any
 2637  person who holds a valid applicator’s license or who holds a
 2638  valid purchase authorization card issued by the department or by
 2639  a licensee under chapter 388 or chapter 482. A nonlicensed
 2640  person may apply restricted-use pesticides under the direct
 2641  supervision of a licensed applicator. An applicator’s license
 2642  shall be issued by the department pursuant to on a form supplied
 2643  by it in accordance with the requirements of this part.
 2644         Section 119. Subsections (2) and (3) of section 487.091,
 2645  Florida Statutes, are amended to read:
 2646         487.091 Tolerances, deficiencies, and penalties.—
 2647         (2) If a pesticide is found by analysis to be deficient in
 2648  an active ingredient beyond the tolerance as provided in this
 2649  part, the registrant is subject to a penalty for the deficiency
 2650  in the Class III category pursuant to s. 570.971 for each, not
 2651  to exceed $10,000 per violation. However, a no penalty may not
 2652  shall be assessed when the official sample was taken from a
 2653  pesticide that was in the possession of a consumer for more than
 2654  45 days after from the date of purchase by that consumer, or
 2655  when the product label specifies that the product should be used
 2656  by an expiration date that has passed. Procedures for assessing
 2657  penalties shall be established by rule, based on the degree of
 2658  the deficiency. Penalties assessed shall be paid to the consumer
 2659  or, in the absence of a known consumer, the department. If the
 2660  penalty is not paid within the prescribed period of time as
 2661  established by rule, the department may deny, suspend, or revoke
 2662  the registration of any pesticide.
 2663         (3) If a pesticide is found to be ineffective, it shall be
 2664  deemed to be misbranded and subject to a penalty in the Class
 2665  III category pursuant to s. 570.971 for each as established by
 2666  rule, not to exceed $10,000 per violation.
 2667         Section 120. Paragraph (e) of subsection (1) of section
 2668  487.175, Florida Statutes, is amended to read:
 2669         487.175 Penalties; administrative fine; injunction.—
 2670         (1) In addition to any other penalty provided in this part,
 2671  when the department finds any person, applicant, or licensee has
 2672  violated any provision of this part or rule adopted under this
 2673  part, it may enter an order imposing any one or more of the
 2674  following penalties:
 2675         (e) Imposition of an administrative fine in the Class III
 2676  category pursuant to s. 570.971 not to exceed $10,000 for each
 2677  violation. When imposing a any fine under this paragraph, the
 2678  department shall consider the degree and extent of harm caused
 2679  by the violation, the cost of rectifying the damage, the amount
 2680  of money the violator benefited from by noncompliance, whether
 2681  the violation was committed willfully, and the compliance record
 2682  of the violator.
 2683         Section 121. Paragraph (c) of subsection (2) of section
 2684  493.6118, Florida Statutes, is amended to read:
 2685         493.6118 Grounds for disciplinary action.—
 2686         (2) When the department finds any violation of subsection
 2687  (1), it may do one or more of the following:
 2688         (c) Impose an administrative fine in the Class I category
 2689  pursuant to s. 570.971 not to exceed $1,000 for every count or
 2690  separate offense.
 2691         Section 122. Subsection (1) of section 496.420, Florida
 2692  Statutes, is amended to read:
 2693         496.420 Civil remedies and enforcement.—
 2694         (1) In addition to other remedies authorized by law, the
 2695  department may bring a civil action in circuit court to enforce
 2696  ss. 496.401-496.424 or s. 496.426. Upon a finding that any
 2697  person has violated any of these sections, a court may make any
 2698  necessary order or enter a judgment including, but not limited
 2699  to, a temporary or permanent injunction, a declaratory judgment,
 2700  the appointment of a general or special magistrate or receiver,
 2701  the sequestration of assets, the reimbursement of persons from
 2702  whom contributions have been unlawfully solicited, the
 2703  distribution of contributions pursuant to in accordance with the
 2704  charitable or sponsor purpose expressed in the registration
 2705  statement or pursuant to in accordance with the representations
 2706  made to the person solicited, the reimbursement of the
 2707  department for investigative costs, and attorney attorney’s fees
 2708  and costs, and any other equitable relief the court finds
 2709  appropriate. Upon a finding that a any person has violated any
 2710  provision of ss. 496.401-496.424 or s. 496.426 with actual
 2711  knowledge or knowledge fairly implied on the basis of objective
 2712  circumstances, a court may enter an order imposing a civil fine
 2713  in the Class III category pursuant to s. 570.971 for each
 2714  penalty in an amount not to exceed $10,000 per violation.
 2715         Section 123. Paragraph (b) of subsection (3) of section
 2716  500.70, Florida Statutes, is amended to read:
 2717         500.70 Tomato food safety standards; inspections;
 2718  penalties; tomato good agricultural practices; tomato best
 2719  management practices.—
 2720         (3)
 2721         (b) The department may impose an administrative fine in the
 2722  Class II category pursuant to s. 570.971 for each not to exceed
 2723  $5,000 per violation, or issue a written notice or warning under
 2724  s. 500.179, against a person who violates any applicable
 2725  provision of this section or any rule adopted under this
 2726  section.
 2727         Section 124. Paragraph (b) of subsection (2) of section
 2728  501.612, Florida Statutes, is amended to read:
 2729         501.612 Grounds for departmental action against licensure
 2730  applicants or licensees.—
 2731         (2) Upon a finding as set forth in subsection (1), the
 2732  department may enter an order:
 2733         (b) Imposing an administrative fine in the Class III
 2734  category pursuant to s. 570.971 not to exceed $10,000 for each
 2735  act or omission which constitutes a violation under this part.
 2736         Section 125. Section 501.619, Florida Statutes, is amended
 2737  to read:
 2738         501.619 Civil penalties.—A Any person who engages in any
 2739  act or practice declared in this part to be unlawful is liable
 2740  for a civil penalty in the Class III category pursuant to s.
 2741  570.971 of not more than $10,000 for each such violation. This
 2742  civil penalty may be recovered in any action brought under this
 2743  part by the department, or the department may terminate any
 2744  investigation or action upon agreement by the person to pay a
 2745  stipulated civil penalty. The department or the court may waive
 2746  any such civil penalty or other fines or costs if the person has
 2747  previously made full restitution or reimbursement or has paid
 2748  actual damages to the purchasers who have been injured by the
 2749  unlawful act or practice.
 2750         Section 126. Paragraph (b) of subsection (1) of section
 2751  502.231, Florida Statutes, is amended to read:
 2752         502.231 Penalty and injunction.—
 2753         (1) The department may enter an order imposing one or more
 2754  of the following penalties against any person who violates any
 2755  provision of this chapter:
 2756         (b) Imposition of an administrative fine not to exceed:
 2757         1. In the Class II category pursuant s. 570.971 for each
 2758  Ten thousand dollars per violation in the case of a frozen
 2759  dessert licensee;
 2760         2. Not to exceed ten percent of the license fee or $100,
 2761  whichever is greater, for failure to report the information
 2762  described in s. 502.053(3)(d); or
 2763         3. In the Class I category pursuant to s. 570.971 for each
 2764  One thousand dollars per occurrence for any other violation.
 2765  
 2766  When imposing a fine under this paragraph, the department must
 2767  consider the degree and extent of harm caused by the violation,
 2768  the cost of rectifying the damage, the benefit to the violator,
 2769  whether the violation was committed willfully, and the
 2770  violator’s compliance record.
 2771         Section 127. Subsection (1) of section 507.09, Florida
 2772  Statutes, is amended to read:
 2773         507.09 Administrative remedies; penalties.—
 2774         (1) The department may enter an order doing one or more of
 2775  the following if the department finds that a mover or moving
 2776  broker, or a person employed or contracted by a mover or broker,
 2777  has violated or is operating in violation of this chapter or the
 2778  rules or orders issued pursuant to in accordance with this
 2779  chapter:
 2780         (a) Issuing a notice of noncompliance under s. 120.695.
 2781         (b) Imposing an administrative fine in the Class II
 2782  category pursuant to s. 570.971 not to exceed $5,000 for each
 2783  act or omission.
 2784         (c) Directing that the person cease and desist specified
 2785  activities.
 2786         (d) Refusing to register or revoking or suspending a
 2787  registration.
 2788         (e) Placing the registrant on probation for a period of
 2789  time, subject to the conditions specified by the department.
 2790         Section 128. Subsection (2) of section 507.10, Florida
 2791  Statutes, is amended to read:
 2792         507.10 Civil penalties; remedies.—
 2793         (2) The department may seek a civil penalty in the Class II
 2794  category pursuant to s. 570.971 of up to $5,000 for each
 2795  violation of this chapter.
 2796         Section 129. Paragraph (g) of subsection (2) and paragraph
 2797  (c) of subsection (3) of section 509.032, Florida Statutes, are
 2798  amended to read:
 2799         509.032 Duties.—
 2800         (2) INSPECTION OF PREMISES.—
 2801         (g) In inspecting public food service establishments, the
 2802  department shall provide each inspected establishment with the
 2803  food-recovery brochure developed under s. 595.420 s. 570.0725.
 2804         (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD SERVICE
 2805  EVENTS.—The division shall:
 2806         (c) Administer a public notification process for temporary
 2807  food service events and distribute educational materials that
 2808  address safe food storage, preparation, and service procedures.
 2809         1. Sponsors of temporary food service events shall notify
 2810  the division not less than 3 days before prior to the scheduled
 2811  event of the type of food service proposed, the time and
 2812  location of the event, a complete list of food service vendors
 2813  participating in the event, the number of individual food
 2814  service facilities each vendor will operate at the event, and
 2815  the identification number of each food service vendor’s current
 2816  license as a public food service establishment or temporary food
 2817  service event licensee. Notification may be completed orally, by
 2818  telephone, in person, or in writing. A public food service
 2819  establishment or food service vendor may not use this
 2820  notification process to circumvent the license requirements of
 2821  this chapter.
 2822         2. The division shall keep a record of all notifications
 2823  received for proposed temporary food service events and shall
 2824  provide appropriate educational materials to the event sponsors,
 2825  including the food-recovery brochure developed under s. 595.420
 2826  s. 570.0725.
 2827         3.a. A public food service establishment or other food
 2828  service vendor must obtain one of the following classes of
 2829  license from the division: an individual license, for a fee of
 2830  no more than $105, for each temporary food service event in
 2831  which it participates; or an annual license, for a fee of no
 2832  more than $1,000, that entitles the licensee to participate in
 2833  an unlimited number of food service events during the license
 2834  period. The division shall establish license fees, by rule, and
 2835  may limit the number of food service facilities a licensee may
 2836  operate at a particular temporary food service event under a
 2837  single license.
 2838         b. Public food service establishments holding current
 2839  licenses from the division may operate under the regulations of
 2840  such a license at temporary food service events of 3 days or
 2841  less in duration.
 2842         Section 130. Paragraph (a) of subsection (1) of section
 2843  525.16, Florida Statutes, is amended to read:
 2844         525.16 Administrative fine; penalties; prosecution of cases
 2845  by state attorney.—
 2846         (1)(a) The department may enter an order imposing one or
 2847  more of the following penalties against a any person who
 2848  violates any of the provisions of this chapter or the rules
 2849  adopted under this chapter or impedes, obstructs, or hinders the
 2850  department in the performance of its duty in connection with the
 2851  provisions of this chapter:
 2852         1. Issuance of a warning letter.
 2853         2. Imposition of an administrative fine in the Class II
 2854  category pursuant to s. 570.971 for each of not more than $1,000
 2855  per violation for a first-time offender. For a second-time or
 2856  repeat offender, or any person who is shown to have willfully
 2857  and intentionally violated any provision of this chapter, the
 2858  administrative fine shall not exceed $5,000 per violation. When
 2859  imposing any fine under this section, the department shall
 2860  consider the degree and extent of harm caused by the violation,
 2861  the cost of rectifying the damage, the amount of money the
 2862  violator benefited from by noncompliance, whether the violation
 2863  was committed willfully, and the compliance record of the
 2864  violator.
 2865         3. Revocation or suspension of any registration issued by
 2866  the department.
 2867         Section 131. Subsection (1) of section 526.311, Florida
 2868  Statutes, is amended to read:
 2869         526.311 Enforcement; civil penalties; injunctive relief.—
 2870         (1) A Any person who knowingly violates this act shall be
 2871  subject to a civil penalty in the Class III category pursuant to
 2872  s. 570.971 for each not to exceed $10,000 per violation. Each
 2873  day that a violation of this act occurs shall be considered a
 2874  separate violation, but a no civil penalty may not shall exceed
 2875  $250,000. Any Such a person shall also be liable for attorney
 2876  attorney’s fees and shall be subject to an action for injunctive
 2877  relief.
 2878         Section 132. Subsection (2) of section 526.55, Florida
 2879  Statutes, is amended to read:
 2880         526.55 Violation and penalties.—
 2881         (2) If the department finds that a person has violated or
 2882  is operating in violation of ss. 526.50–526.56 or the rules or
 2883  orders adopted thereunder, the department may, by order:
 2884         (a) Issue a notice of noncompliance pursuant to s. 120.695;
 2885         (b) Impose an administrative fine in the Class II category
 2886  pursuant to s. 570.971 not to exceed $5,000 for each violation;
 2887         (c) Direct that the person cease and desist specified
 2888  activities;
 2889         (d) Revoke or suspend a registration, or refuse to register
 2890  a product; or
 2891         (e) Place the registrant on probation for a period of time,
 2892  subject to conditions as the department may specify.
 2893         Section 133. Subsection (1) of section 527.13, Florida
 2894  Statutes, is amended to read:
 2895         527.13 Administrative fines and warning letters.—
 2896         (1) If a any person violates any provision of this chapter
 2897  or any rule adopted under this chapter pursuant thereto or a
 2898  cease and desist order, the department may impose civil or
 2899  administrative penalties in the Class II category pursuant to s.
 2900  570.971, not to exceed $3,000 for each offense, suspend or
 2901  revoke the license or qualification issued to such person, or
 2902  any of the foregoing. The cost of the proceedings to enforce
 2903  this chapter may be added to any penalty imposed. The department
 2904  may allow the licensee a reasonable period, not to exceed 90
 2905  days, within which to pay to the department the amount of the
 2906  penalty so imposed. If the licensee fails to pay the penalty in
 2907  its entirety to the department at its office at Tallahassee
 2908  within the period so allowed, the licenses of the licensee shall
 2909  stand revoked upon expiration of such period.
 2910         Section 134. Subsection (1) of section 531.50, Florida
 2911  Statutes, is amended to read:
 2912         531.50 Administrative fine, penalties, and offenses.—
 2913         (1) The department may enter an order imposing one or more
 2914  of the following penalties against a any person who violates any
 2915  provision of this chapter or rule adopted under this chapter or
 2916  impedes, obstructs, or hinders the department in performing the
 2917  performance of its duties under in connection with the
 2918  provisions of this chapter:
 2919         (a) Issuance of a warning letter or notice.
 2920         (b) Imposition of an administrative fine in the Class II
 2921  category pursuant to s. 570.971 for each of:
 2922         1. Up to $1,000 for a first violation;
 2923         2. Up to $2,500 for a second violation within 2 years after
 2924  the first violation; or
 2925         3. Up to $5,000 for a third violation within 2 years after
 2926  the first violation.
 2927  
 2928  When imposing any fine under this section, the department shall
 2929  consider the degree and extent of potential harm caused by the
 2930  violation, the amount of money by which the violator benefited
 2931  from noncompliance, whether the violation was committed
 2932  willfully, and the compliance record of the violator. All fines,
 2933  monetary penalties, and costs received by the department shall
 2934  be deposited in the General Inspection Trust Fund for the
 2935  purpose of administering the provisions of this chapter.
 2936         Section 135. Subsection (2) of section 534.52, Florida
 2937  Statutes, is amended to read:
 2938         534.52 Violations; refusal, suspension, revocation;
 2939  penalties.—
 2940         (2) In addition, or as an alternative to refusing,
 2941  suspending, or revoking a license in cases involving violations,
 2942  the department may impose an administrative a fine in the Class
 2943  I category pursuant to s. 570.971 not to exceed $500 for the
 2944  first offense and not to exceed $1,000 for the second or
 2945  subsequent violations. When imposed and paid, such fines shall
 2946  be deposited in the General Inspection Trust Fund.
 2947         Section 136. Paragraphs (b) and (d) of subsection (7) of
 2948  section 539.001, Florida Statutes, are amended to read:
 2949         539.001 The Florida Pawnbroking Act.—
 2950         (7) ORDERS IMPOSING PENALTIES.—
 2951         (b) Upon a finding as set forth in paragraph (a), the
 2952  agency may enter an order doing one or more of the following:
 2953         1. Issuing a notice of noncompliance pursuant to s.
 2954  120.695.
 2955         2. Imposing an administrative fine in the Class II category
 2956  pursuant to s. 570.971 not to exceed $5,000 for each act which
 2957  constitutes a violation of this section or a rule or an order.
 2958         3. Directing that the pawnbroker cease and desist specified
 2959  activities.
 2960         4. Refusing to license or revoking or suspending a license.
 2961         5. Placing the licensee on probation for a period of time,
 2962  subject to such conditions as the agency may specify.
 2963         (d)1. When the agency, if a violation of this section
 2964  occurs, has reasonable cause to believe that a person is
 2965  operating in violation of this section, the agency may bring a
 2966  civil action in the appropriate court for temporary or permanent
 2967  injunctive relief and may seek other appropriate civil relief,
 2968  including a civil penalty in the Class II category pursuant to
 2969  s. 570.971 not to exceed $5,000 for each violation, restitution
 2970  and damages for injured customers, court costs, and reasonable
 2971  attorney attorney’s fees.
 2972         2. The agency may terminate any investigation or action
 2973  upon agreement by the offender to pay a stipulated civil
 2974  penalty, to make restitution or pay damages to customers, or to
 2975  satisfy any other relief authorized herein and requested by the
 2976  agency.
 2977         Section 137. Paragraph (b) of subsection (4) and paragraph
 2978  (a) of subsection (5) of section 559.921, Florida Statutes, are
 2979  amended to read:
 2980         559.921 Remedies.—
 2981         (4)
 2982         (b) Upon a finding as set forth in paragraph (a), the
 2983  department may enter an order doing one or more of the
 2984  following:
 2985         1. Issuing a notice of noncompliance pursuant to s.
 2986  120.695.
 2987         2. Imposing an administrative fine in the Class I category
 2988  pursuant to s. 570.971 not to exceed $1,000 per violation for
 2989  each act which constitutes a violation of this part or a rule or
 2990  order.
 2991         3. Directing that the motor vehicle repair shop cease and
 2992  desist specified activities.
 2993         4. Refusing to register or revoking or suspending a
 2994  registration.
 2995         5. Placing the registrant on probation for a period of
 2996  time, subject to such conditions as the department may specify.
 2997         (5)(a) The department or the state attorney, if a violation
 2998  of this part occurs in his or her judicial circuit, is shall be
 2999  the enforcing authority for purposes of this part and may bring
 3000  a civil action in circuit court for temporary or permanent
 3001  injunctive relief and may seek other appropriate civil relief,
 3002  including a civil penalty in the Class I category pursuant to s.
 3003  570.971 not to exceed $1,000 for each violation, restitution and
 3004  damages for injured customers, court costs, and reasonable
 3005  attorney attorney’s fees.
 3006         Section 138. Subsection (1) of section 559.9355, Florida
 3007  Statutes, is amended to read:
 3008         559.9355 Administrative remedies; penalties.—
 3009         (1) The department may enter an order doing one or more of
 3010  the following if the department finds that a person has violated
 3011  or is operating in violation of any of the provisions of this
 3012  part or the rules or orders issued thereunder:
 3013         (a) Issuing a notice of noncompliance pursuant to s.
 3014  120.695.
 3015         (b) Imposing an administrative fine in the Class II
 3016  category pursuant to s. 570.971 not to exceed $5,000 for each
 3017  act or omission.
 3018         (c) Imposing an administrative fine not to exceed $10,000
 3019  for each act or omission in violation of s. 559.9335(22) or
 3020  (23).
 3021         (c)(d) Directing that the person cease and desist specified
 3022  activities.
 3023         (d)(e) Refusing to register or canceling or suspending a
 3024  registration.
 3025         (e)(f) Placing the registrant on probation for a period of
 3026  time, subject to such conditions as the department may specify.
 3027         (f)(g) Canceling an exemption granted under s. 559.935.
 3028         Section 139. Subsections (2) and (3) of section 559.936,
 3029  Florida Statutes, are amended to read:
 3030         559.936 Civil penalties; remedies.—
 3031         (2) The department may seek a civil penalty in the Class II
 3032  category pursuant to s. 570.971 of up to $5,000 for each
 3033  violation of this part.
 3034         (3) The department may seek a civil penalty in the Class
 3035  III category pursuant to s. 570.971 of up to $10,000 for each
 3036  act or omission in violation of s. 559.9335(22) or (23).
 3037         Section 140. Subsection (1) of section 571.11, Florida
 3038  Statutes, is amended to read:
 3039         571.11 Eggs and poultry; Seal of quality violations;
 3040  administrative penalties.—
 3041         (1) The Department of Agriculture and Consumer Services may
 3042  impose an administrative a fine in the Class II category
 3043  pursuant to s. 570.971 not exceeding $5,000 against any dealer,
 3044  as defined in under s. 583.01(4), in violation of the guidelines
 3045  for the Florida seal of quality for eggs or poultry programs.
 3046  All fines, when imposed and paid, shall be deposited by the
 3047  department into the General Inspection Trust Fund.
 3048         Section 141. Subsection (2) of section 571.28, Florida
 3049  Statutes, is amended to read:
 3050         571.28 Florida Agricultural Promotional Campaign Advisory
 3051  Council.—
 3052         (2) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS.—The
 3053  meetings, powers and duties, procedures, and recordkeeping of
 3054  the Florida Agricultural Promotional Campaign Advisory Council
 3055  shall be pursuant to s. 570.232 governed by the provisions of s.
 3056  570.0705 relating to advisory committees established within the
 3057  department.
 3058         Section 142. Paragraph (b) of subsection (3) of section
 3059  571.29, Florida Statutes, is amended to read:
 3060         571.29 Unlawful acts; administrative remedies; criminal
 3061  penalties.—
 3062         (3) The department may enter an order imposing one or more
 3063  of the following penalties against any person who violates any
 3064  of the provisions of this part or any rules adopted under this
 3065  part:
 3066         (b) Imposition of an administrative fine in the Class I
 3067  category pursuant to s. 570.971 for each of not more than $1,000
 3068  per violation for a first-time first time offender. For a
 3069  second-time second time offender, or a any person who is shown
 3070  to have willfully and intentionally violated any provision of
 3071  this part or any rules adopted under this part, the
 3072  administrative fine shall be in the Class II category pursuant
 3073  to s. 570.971 for each may not exceed $5,000 per violation. The
 3074  term “each per violation” means each incident in which a logo of
 3075  the Florida Agricultural Promotional Campaign has been used,
 3076  reproduced, or distributed in any manner inconsistent with the
 3077  provisions of this part or the rules adopted under this part.
 3078  
 3079  The administrative proceedings that could result in the entry of
 3080  an order imposing any of the penalties specified in paragraphs
 3081  (a)-(c) shall be conducted in accordance with chapter 120.
 3082         Section 143. Subsection (1) of section 578.181, Florida
 3083  Statutes, is amended to read:
 3084         578.181 Penalties; administrative fine.—
 3085         (1) The department may enter an order imposing one or more
 3086  of the following penalties against a any person who violates any
 3087  of the provisions of this chapter or the rules adopted under
 3088  this chapter promulgated hereunder or who impedes, obstructs, or
 3089  hinders, or otherwise prevents or attempts to prevent the
 3090  department in performing the performance of its duties under
 3091  duty in connection with the provisions of this chapter:
 3092         (a) Issuance of a warning letter.
 3093         (b) Imposition of an administrative fine in the Class I
 3094  category pursuant to s. 570.971 for each of not more than $1,000
 3095  per occurrence after the issuance of a warning letter.
 3096         (c) Revocation or suspension of the registration as a seed
 3097  dealer.
 3098         Section 144. Paragraph (b) of subsection (1) of section
 3099  580.121, Florida Statutes, is amended to read:
 3100         580.121 Penalties; duties of law enforcement officers;
 3101  injunctive relief.—
 3102         (1) The department may impose one or more of the following
 3103  penalties against any person who violates any provision of this
 3104  chapter:
 3105         (b) Imposition of an administrative fine in the Class I
 3106  category pursuant to s. 570.971 for each, by the department, of
 3107  not more than $1,000 per occurrence.
 3108  
 3109  However, the severity of the penalty imposed shall be
 3110  commensurate with the degree of risk to human or animal safety
 3111  or the level of financial harm to the consumer that is created
 3112  by the violation.
 3113         Section 145. Paragraph (a) of subsection (2) of section
 3114  581.141, Florida Statutes, is amended to read:
 3115         581.141 Certificate of registration or of inspection;
 3116  revocation and suspension; fines.—
 3117         (2) FINES; PROBATION.—
 3118         (a)1. The department may, after notice and hearing, impose
 3119  an administrative a fine in the Class II category pursuant to s.
 3120  570.971 not exceeding $5,000 or probation not exceeding 12
 3121  months, or both, for a the violation of any of the provisions of
 3122  this chapter or the rules adopted under this chapter upon a any
 3123  person, nurseryman, stock dealer, agent, or plant broker. The
 3124  fine, when paid, shall be deposited in the Plant Industry Trust
 3125  Fund.
 3126         2. The imposition of a fine or probation pursuant to this
 3127  subsection may be in addition to or in lieu of the suspension or
 3128  revocation of a certificate of registration or certificate of
 3129  inspection.
 3130         Section 146. Subsection (2) of section 581.186, Florida
 3131  Statutes, is amended to read:
 3132         581.186 Endangered Plant Advisory Council; organization;
 3133  meetings; powers and duties.—
 3134         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 3135  meetings, powers and duties, procedures, and recordkeeping of
 3136  the Endangered Plant Advisory Council shall be pursuant to s.
 3137  570.232 governed by the provisions of s. 570.0705 relating to
 3138  advisory committees established within the department.
 3139         Section 147. Paragraph (a) of subsection (3) of section
 3140  581.211, Florida Statutes, is amended to read:
 3141         581.211 Penalties for violations.—
 3142         (3)(a)1. In addition to any other provision of law, the
 3143  department may, after notice and hearing, impose an
 3144  administrative fine in the Class II category pursuant to s.
 3145  570.971 not exceeding $5,000 for each violation of this chapter,
 3146  upon a any person, nurseryman, stock dealer, agent, or plant
 3147  broker. The fine, when paid, shall be deposited in the Plant
 3148  Industry Trust Fund. In addition, the department may place the
 3149  violator on probation for up to 1 year, with conditions.
 3150         2. The imposition of a fine or probation pursuant to this
 3151  subsection may be in addition to or in lieu of the suspension or
 3152  revocation of a certificate of registration or certificate of
 3153  inspection.
 3154         Section 148. Subsection (2) of section 582.06, Florida
 3155  Statutes, is amended to read:
 3156         582.06 Soil and Water Conservation Council; powers and
 3157  duties.—
 3158         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The
 3159  meetings, powers and duties, procedures, and recordkeeping of
 3160  the Soil and Water Conservation Council shall be pursuant to s.
 3161  570.232 governed by the provisions of s. 570.0705 relating to
 3162  advisory committees established within the department.
 3163         Section 149. Subsection (1) of section 585.007, Florida
 3164  Statutes, is amended to read:
 3165         585.007 Violation of rules; violation of chapter.—
 3166         (1) A Any person who violates the provisions of this
 3167  chapter or any rule of the department shall be subject to the
 3168  imposition of an administrative fine in the Class III category
 3169  pursuant to s. 570.971 of up to $10,000 for each offense. Upon
 3170  repeated violation, the department may seek enforcement pursuant
 3171  to s. 120.69.
 3172         Section 150. Paragraph (a) of subsection (2) of section
 3173  586.15, Florida Statutes, is amended to read:
 3174         586.15 Penalty for violation.—
 3175         (2)(a) The department may, after notice and hearing, impose
 3176  an administrative a fine in the Class II category pursuant to s.
 3177  570.971 not exceeding $5,000 for a the violation of any of the
 3178  provisions of this chapter or the rules adopted under this
 3179  chapter upon any person. The fine, when paid, shall be deposited
 3180  in the Plant Industry Trust Fund. The imposition of a fine
 3181  pursuant to this subsection may be in addition to or in lieu of
 3182  the suspension or revocation of a permit or a certificate of
 3183  inspection or registration.
 3184         Section 151. Subsection (3) of section 586.161, Florida
 3185  Statutes, is amended to read:
 3186         586.161 Honeybee Technical Council.—
 3187         (3) MEETINGS; POWERS AND DUTIES; PROCEDURES; RECORDS.—The
 3188  meetings, powers and duties, procedures, and recordkeeping of
 3189  the Honeybee Technical Council shall be pursuant to s. 570.232
 3190  governed by the provisions of s. 570.0705 relating to advisory
 3191  committees established within the department.
 3192         Section 152. Subsection (3) of section 590.14, Florida
 3193  Statutes, is amended to read:
 3194         590.14 Notice of violation; penalties; legislative intent.—
 3195         (3) The department may also impose an administrative fine
 3196  in the Class I category pursuant to s. 570.971 for each, not to
 3197  exceed $1,000 per violation of any section of chapter 589 or
 3198  this chapter or violation of any rule adopted by the Florida
 3199  Forest Service to administer provisions of law conferring duties
 3200  upon the Florida Forest Service. The fine shall be based upon
 3201  the degree of damage, the prior violation record of the person,
 3202  and whether the person knowingly provided false information to
 3203  obtain an authorization. The fines shall be deposited in the
 3204  Incidental Trust Fund of the Florida Forest Service.
 3205         Section 153. Subsection (2) of section 595.701, Florida
 3206  Statutes, is amended to read:
 3207         595.701 Healthy Schools for Healthy Lives Council.—
 3208         (2) The meetings, powers, duties, procedures, and
 3209  recordkeeping of the Healthy Schools for Healthy Lives Council
 3210  shall be pursuant to s. 570.232 governed by s. 570.0705,
 3211  relating to advisory committees established within the
 3212  department.
 3213         Section 154. Subsection (2) of section 597.0041, Florida
 3214  Statutes, is amended to read:
 3215         597.0041 Prohibited acts; penalties.—
 3216         (2)(a) A Any person who violates any provision of this
 3217  chapter or any rule adopted under this chapter promulgated
 3218  hereunder is subject to a suspension or revocation of his or her
 3219  certificate of registration or license under this chapter. The
 3220  department may, in lieu of, or in addition to the suspension or
 3221  revocation, impose on the violator an administrative fine in the
 3222  Class I category pursuant to s. 570.971 for each violation, for
 3223  each day the violation exists in an amount not to exceed $1,000
 3224  per violation per day.
 3225         (b) Except as provided in subsection (4), a any person who
 3226  violates any provision of this chapter, or any rule adopted
 3227  under this chapter hereunder, commits a misdemeanor of the first
 3228  degree, punishable as provided in s. 775.082 or s. 775.083.
 3229         Section 155. Subsection (2) of section 599.002, Florida
 3230  Statutes, is amended to read:
 3231         599.002 Viticulture Advisory Council.—
 3232         (2) The meetings, powers and duties, procedures, and
 3233  recordkeeping of the Viticulture Advisory Council shall be
 3234  pursuant to s. 570.232 governed by the provisions of s. 570.0705
 3235  relating to advisory committees established within the
 3236  department.
 3237         Section 156. Section 601.67, Florida Statutes, is amended
 3238  to read:
 3239         601.67 Disciplinary action by Department of Agriculture
 3240  against citrus fruit dealers.—
 3241         (1) The Department of Agriculture may impose an
 3242  administrative a fine in the Class IV category pursuant to s.
 3243  570.971 not to exceed exceeding $50,000 for each per violation
 3244  against a any licensed citrus fruit dealer who violates for
 3245  violation of any provision of this chapter and, in lieu of, or
 3246  in addition to, such fine, may revoke or suspend the license of
 3247  any such a dealer when it has been satisfactorily shown that
 3248  such dealer, in her or his activities as a citrus fruit dealer,
 3249  has:
 3250         (a) Obtained a license by means of fraud,
 3251  misrepresentation, or concealment;
 3252         (b) Violated or aided or abetted in the violation of any
 3253  law of this state governing or applicable to citrus fruit
 3254  dealers or any lawful rules of the Department of Citrus;
 3255         (c) Been guilty of a crime against the laws of this or any
 3256  other state or government involving moral turpitude or dishonest
 3257  dealing or has become legally incompetent to contract or be
 3258  contracted with;
 3259         (d) Made, printed, published, distributed, or caused,
 3260  authorized, or knowingly permitted the making, printing,
 3261  publication, or distribution of false statements, descriptions,
 3262  or promises of such a character as to reasonably induce any
 3263  person to act to her or his damage or injury, if such citrus
 3264  fruit dealer then knew, or by the exercise of reasonable care
 3265  and inquiry could have known, of the falsity of such statements,
 3266  descriptions, or promises;
 3267         (e) Knowingly committed or been a party to any material
 3268  fraud, misrepresentation, concealment, conspiracy, collusion,
 3269  trick, scheme, or device whereby another any other person
 3270  lawfully relying upon the word, representation, or conduct of
 3271  the citrus fruit dealer has acted to her or his injury or
 3272  damage;
 3273         (f) Committed any act or conduct of the same or different
 3274  character than of that hereinabove enumerated which constitutes
 3275  fraudulent or dishonest dealing; or
 3276         (g) Violated any of the provisions of ss. 506.19-506.28,
 3277  both sections inclusive.
 3278         (2) The Department of Agriculture may impose an
 3279  administrative a fine in the Class IV category pursuant to s.
 3280  570.971 not to exceed exceeding $100,000 for each per violation
 3281  against a any person who operates as a citrus fruit dealer
 3282  without a current citrus fruit dealer license issued by the
 3283  Department of Agriculture pursuant to s. 601.60. In addition,
 3284  the Department of Agriculture may order such person to cease and
 3285  desist operating as a citrus fruit dealer without a license. An
 3286  administrative order entered by the Department of Agriculture
 3287  under this subsection may be enforced pursuant to s. 601.73.
 3288         (3) The Department of Agriculture shall impose an
 3289  administrative a fine in the Class IV category pursuant to s.
 3290  570.971 not to exceed of not less than $10,000 nor more than
 3291  $100,000 for each per violation against a any licensed citrus
 3292  fruit dealer and shall suspend, for 60 days during the first
 3293  available period between September 1 and May 31, the license of
 3294  a any citrus fruit dealer who:
 3295         (a) Falsely labels or otherwise misrepresents that a fresh
 3296  citrus fruit was grown in a specific production area specified
 3297  in s. 601.091; or
 3298         (b) Knowingly, falsely labels or otherwise misrepresents
 3299  that a processed citrus fruit product was prepared solely with
 3300  citrus fruit grown in a specific production area specified in s.
 3301  601.091.
 3302         (4) A Any fine imposed pursuant to subsection (1),
 3303  subsection (2), or subsection (3), when paid, shall be deposited
 3304  by the Department of Agriculture into its General Inspection
 3305  Trust Fund.
 3306         (5) Whenever an any administrative order has been made and
 3307  entered by the Department of Agriculture that imposes a fine
 3308  pursuant to this section, such order shall specify a time limit
 3309  for payment of the fine, not exceeding 15 days. The failure of
 3310  the citrus fruit dealer involved to pay the fine within that
 3311  time shall result in the immediate suspension of such citrus
 3312  fruit dealer’s current license, or any subsequently issued
 3313  license, until such time as the order has been fully satisfied.
 3314  An Any order suspending a citrus fruit dealer’s license shall
 3315  include a provision that the such suspension shall be for a
 3316  specified period of time not to exceed 60 days, and such period
 3317  of suspension may begin commence at any designated date within
 3318  the current license period or subsequent license period.
 3319  Whenever an order has been entered that suspends a citrus fruit
 3320  dealer’s license for a definite period of time and that license,
 3321  by law, expires during the period of suspension, the suspension
 3322  order shall continue automatically and shall be effective
 3323  against any subsequent citrus fruit dealer dealer’s license
 3324  issued to such dealer until such time as the entire period of
 3325  suspension has elapsed. Whenever any such administrative order
 3326  of the Department of Agriculture is sought to be reviewed by the
 3327  offending dealer involved in a court of competent jurisdiction,
 3328  if such court proceedings should finally terminate in such
 3329  administrative order being upheld or not quashed, such order
 3330  shall thereupon, upon the filing with the Department of
 3331  Agriculture of a certified copy of the mandate or other order of
 3332  the last court having to do with the matter in the judicial
 3333  process, become immediately effective and shall then be carried
 3334  out and enforced notwithstanding such time will be during a new
 3335  and subsequent shipping season from that during which the
 3336  administrative order was first originally entered by the
 3337  Department of Agriculture.
 3338         Section 157. Paragraph (a) of subsection (3) of section
 3339  604.30, Florida Statutes, is amended to read:
 3340         604.30 Penalties; injunctive relief; administrative fines.—
 3341         (3)(a) In addition to the penalties provided in this
 3342  section, the department may, after notice and hearing, impose an
 3343  administrative a fine in the Class II category pursuant to s.
 3344  570.971, not to exceed exceeding $2,500 for a the violation of
 3345  any of the provisions of ss. 604.15-604.34 or the rules adopted
 3346  thereunder against a any dealer in agricultural products.; Such
 3347  fine, when imposed and paid, shall be deposited by the
 3348  department into the General Inspection Trust Fund.
 3349         Section 158. Paragraph (a) of subsection (19) of section
 3350  616.242, Florida Statutes, is amended to read:
 3351         616.242 Safety standards for amusement rides.—
 3352         (19) ENFORCEMENT AND PENALTIES.—
 3353         (a) The department may deny, suspend for a period not to
 3354  exceed 1 year, or revoke a any permit or inspection certificate.
 3355  In addition to denial, suspension, or revocation, the department
 3356  may impose an administrative fine in the Class II category
 3357  pursuant to s. 570.971, not to exceed of up to $2,500 for each
 3358  per violation, for each day the violation exists per day,
 3359  against the owner of the amusement ride if it finds that:
 3360         1. An amusement ride has operated or is operating:
 3361         a. With a mechanical, structural, or electrical defect that
 3362  affects patron safety, of which the owner or manager has
 3363  knowledge, or, through the exercise of reasonable diligence,
 3364  should have knowledge;
 3365         b. In a manner or circumstance that presents a risk of
 3366  serious injury to patrons;
 3367         c. At a speed in excess of its maximum safe operating
 3368  speed;
 3369         d. In violation of this section or any rule adopted under
 3370  this section; or
 3371         e. In violation of an any order of the department or order
 3372  of any court; or.
 3373         2. A Any manager in the course of his or her duties is
 3374  under the influence of drugs or alcohol.
 3375         Section 159. This act shall take effect July 1, 2014.