Florida Senate - 2016                             CS for SB 1010
       
       
        
       By the Committee on Agriculture; and Senator Montford
       
       575-02016-16                                          20161010c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; creating s. 15.0521, F.S.;
    4         designating tupelo honey as the official state honey;
    5         amending s. 482.111, F.S.; specifying the requirements
    6         for original certification as a pest control operator;
    7         specifying the fee for the renewal of a certificate;
    8         amending s. 482.1562, F.S.; specifying the deadline
    9         for recertification of persons who wish to apply urban
   10         landscape commercial fertilizer; providing a grace
   11         period for recertification; amending s. 500.03, F.S.;
   12         revising the definition of the term “food” to include
   13         dietary supplements; defining the term “vehicle”;
   14         amending s. 500.10, F.S.; providing additional
   15         conditions under which food may be deemed adulterated;
   16         amending s. 500.11, F.S.; including failure to comply
   17         with labeling relating to major food allergens as a
   18         criterion for use in determining whether food has been
   19         misbranded; amending s. 570.07, F.S.; revising the
   20         department’s functions, powers, and duties; amending
   21         s. 570.30, F.S.; revising the powers and duties of the
   22         Division of Administration; amending s. 570.441, F.S.;
   23         authorizing the use of funds in the Pest Control Trust
   24         Fund for activities of the Division of Agricultural
   25         Environmental Services; providing for expiration;
   26         amending s. 570.53, F.S.; revising the powers and
   27         duties of the Division of Marketing and Development to
   28         remove the enforcement provisions relating to the
   29         dealers in agricultural products law; amending s.
   30         570.544, F.S.; revising the duties of the director of
   31         the Division of Consumer Services to include
   32         enforcement provisions relating to the dealers in
   33         agricultural products law; creating s. 570.68, F.S.;
   34         authorizing the Commissioner of Agriculture to create
   35         an Office of Agriculture Technology Services;
   36         providing duties of the office; amending s. 570.681,
   37         F.S.; revising the legislative findings relating to
   38         the Florida Agriculture Center and Horse Park;
   39         amending s. 570.685, F.S.; authorizing, rather than
   40         requiring, the department to provide administrative
   41         and staff support services, meeting space, and record
   42         storage for the Florida Agriculture Center and Horse
   43         Park Authority; amending s. 571.24, F.S.; clarifying
   44         the intent that the Florida Agricultural Promotional
   45         Campaign serve as a marketing program; removing an
   46         obsolete provision relating to the designation of a
   47         division employee as a member of the Advertising
   48         Interagency Coordinating Council; amending s. 571.27,
   49         F.S.; removing obsolete provisions relating to the
   50         authority of the department to adopt rules for
   51         entering into contracts with advertising agencies for
   52         services that are directly related to the Florida
   53         Agricultural Promotional Campaign; amending s. 571.28,
   54         F.S.; revising the composition of the Florida
   55         Agricultural Promotional Campaign Advisory Council;
   56         amending s. 576.041, F.S.; revising the frequency with
   57         which tonnage reports of fertilizer sales must be
   58         made; revising the timeframe for submission of such
   59         reports; creating s. 580.0365, F.S.; providing for the
   60         preemption of commercial feed and feedstuff
   61         regulation; amending s. 581.181, F.S.; providing
   62         applicability of provisions requiring treatment or
   63         destruction of infested or infected plants and plant
   64         products; creating s. 581.189, F.S.; creating the
   65         Grove Removal or Vector Elimination (GROVE) Program;
   66         specifying the purpose of the program; defining terms;
   67         requiring the department to adopt rules for reviewing
   68         and ranking applications for cost-share funding to
   69         removal or destroy abandoned citrus groves;
   70         establishing per applicant award maximums; specifying
   71         that the total funds awarded in a fiscal year cannot
   72         exceed the amount specifically appropriated for the
   73         program; specifying application requirements;
   74         specifying how the department must process
   75         applications; specifying that noncompliance will
   76         result in forfeiture of cost-share funds; requiring
   77         the department to rank and review applications and to
   78         conduct a certain inspection; specifying grounds for
   79         denial of an application; requiring applicants
   80         selected for funding to timely initiate and complete
   81         the removal of identified citrus trees in accordance
   82         with their respective applications; providing the
   83         process for making payments to applicants; authorizing
   84         the department to adopt rules; specifying that funding
   85         for the program is contingent upon specific
   86         appropriation by the Legislature; amending s. 582.01,
   87         F.S.; redefining terms relating to soil and water
   88         conservation; amending s. 582.02, F.S.; providing
   89         legislative intent and findings relating to soil and
   90         water conservation districts; providing a statement of
   91         purpose; amending s. 582.055, F.S.; revising the
   92         powers and duties of the department; authorizing the
   93         department to adopt rules; amending s. 582.06, F.S.;
   94         requiring the Soil and Water Conservation Council to
   95         accept and review requests for creating or dissolving
   96         soil and water conservation districts and to make
   97         recommendations to the commissioner; requiring the
   98         council to provide recommendations to the commissioner
   99         relating to the removal of supervisors under certain
  100         circumstances; amending s. 582.16, F.S.; revising how
  101         district boundaries may be changed; amending s.
  102         582.20, F.S.; revising the powers and duties of
  103         districts and supervisors; amending s. 582.29, F.S.;
  104         revising the terms under which certain state agencies
  105         must cooperate; amending s. 595.402, F.S.; defining
  106         terms relating to the school food and nutrition
  107         service program; amending s. 595.404, F.S.; revising
  108         the powers and duties of the department with regard to
  109         the school food and nutrition service program;
  110         directing the department to collect and annually
  111         publish data on food purchased by sponsors through the
  112         Florida Farm to School Program and other school food
  113         and nutrition service programs; amending s. 595.405,
  114         F.S.; clarifying requirements for the school nutrition
  115         program; requiring breakfast meals to be available to
  116         all students in schools that serve any combination of
  117         grades kindergarten through 5; amending s. 595.406,
  118         F.S.; renaming the “Florida Farm Fresh Schools
  119         Program” as the “Florida Farm to School Program”;
  120         authorizing the department to establish by rule a
  121         recognition program for certain sponsors; amending s.
  122         595.407, F.S.; revising provisions of the children’s
  123         summer nutrition program to include certain schools
  124         that serve any combination of grades kindergarten
  125         through 5; revising provisions relating to the
  126         duration of the program; authorizing school districts
  127         to exclude holidays and weekends; amending s. 595.408,
  128         F.S.; conforming provisions to changes made by the
  129         act; amending s. 595.501, F.S.; requiring certain
  130         entities to complete corrective action plans required
  131         by the department or a federal agency to be in
  132         compliance with school food and nutrition service
  133         programs; amending s. 595.601, F.S.; revising a cross
  134         reference; amending s. 604.21, F.S.; deleting a
  135         requirement relating to complaints filed by electronic
  136         transmission or facsimile; amending s. 604.33, F.S.;
  137         deleting provisions requiring grain dealers to submit
  138         monthly reports; authorizing, rather than requiring,
  139         the department to make at least one spot check
  140         annually of each grain dealer; repealing s. 582.03,
  141         F.S., relating to the consequences of soil erosion;
  142         repealing s. 582.04, F.S., relating to appropriate
  143         corrective methods; repealing s. 582.05, F.S.,
  144         relating to legislative policy for conservation;
  145         repealing s. 582.08, F.S., relating to additional
  146         powers of the department; repealing s. 582.09, F.S.,
  147         relating to an administrative officer of soil and
  148         water conservation; repealing s. 582.17, F.S.,
  149         relating to the presumption as to establishment of a
  150         district; repealing s. 582.21, F.S., relating to
  151         adoption of land use regulations; repealing s. 582.22,
  152         F.S., relating to district regulations and contents;
  153         repealing s. 582.23, F.S., relating to performance of
  154         work under the regulations by the supervisors;
  155         repealing s. 582.24, F.S., relating to the board of
  156         adjustment; repealing s. 582.25, F.S., relating to
  157         rules of procedure of the board; repealing s. 582.26,
  158         F.S., relating to petitioning the board to vary from
  159         regulations; repealing s. 582.331, F.S., relating to
  160         the authorization to establish watershed improvement
  161         districts within soil and water conservation
  162         districts; repealing s. 582.34, F.S., relating to
  163         petitions for establishment of watershed improvement
  164         districts; repealing s. 582.35, F.S., relating to
  165         notice and hearing on petitions, determinations of
  166         need for districts, and boundaries; repealing s.
  167         582.36, F.S., relating to determination of feasibility
  168         of proposed districts and referenda; repealing s.
  169         582.37, F.S., relating to consideration of results of
  170         referendums and declaration of organization of
  171         districts; repealing s. 582.38, F.S., relating to the
  172         organization of districts, certification to clerks of
  173         circuit courts, and limitation on tax rates; repealing
  174         s. 582.39, F.S., relating to establishment of
  175         watershed improvement districts situated in more than
  176         one soil and water conservation district; repealing s.
  177         582.40, F.S., relating to change of district
  178         boundaries or names; repealing s. 582.41, F.S.,
  179         relating to boards of directors of districts;
  180         repealing s. 582.42, F.S., relating to officers,
  181         agents, and employees, surety bonds, and annual
  182         audits; repealing s. 582.43, F.S., relating to status
  183         and general powers of districts; repealing s. 582.44,
  184         F.S., relating to the levy of taxes and taxing
  185         procedures; repealing s. 582.45, F.S., relating to
  186         fiscal powers of a governing body; repealing s.
  187         582.46, F.S., relating to additional powers and
  188         authority of districts; repealing s. 582.47, F.S.,
  189         relating to the coordination between watershed
  190         improvement districts and flood control districts;
  191         repealing s. 582.48, F.S., relating to the
  192         discontinuance of watershed improvement districts;
  193         repealing s. 582.49, F.S., relating to the
  194         discontinuance of soil and water conservation
  195         districts; repealing s. 589.26, F.S., relating to the
  196         dedication of state park lands for public use;
  197         providing effective dates.
  198          
  199  Be It Enacted by the Legislature of the State of Florida:
  200  
  201         Section 1. Effective upon this act becoming a law, section
  202  15.0521, Florida Statutes, is created to read:
  203         15.0521 Official state honey.—Tupelo honey is designated as
  204  the official Florida state honey.
  205         Section 2. Subsections (1) and (7) of section 482.111,
  206  Florida Statutes, are amended to read:
  207         482.111 Pest control operator’s certificate.—
  208         (1) The department shall issue a pest control operator’s
  209  certificate to each individual who qualifies under this chapter.
  210  Before the issuance of the original certification, an individual
  211  must have completed an application for examination, paid the
  212  examination fee provided for in s. 482.141, and passed the
  213  examination. Before engaging in pest control work, each
  214  certified operator must be certified as provided in this
  215  section. Application must be made and the issuance fee must be
  216  paid to the department for the original certificate within 60
  217  days after the postmark date of written notification of passing
  218  the examination. During a period of 30 calendar days following
  219  expiration of the 60-day period, an original certificate may be
  220  issued; however, a late issuance charge of $50 shall be assessed
  221  and must be paid in addition to the issuance fee. An original
  222  certificate may not be issued after expiration of the 30-day
  223  period, without reexamination.
  224         (7) The fee for issuance of an original certificate or the
  225  renewal of a certificate thereof shall be set by the department
  226  but may not be more than $150 or less than $75; however, until
  227  rules setting these fees are adopted by the department, the
  228  issuance fee and the renewal fee shall each be $75.
  229         Section 3. Subsections (5) and (6) of section 482.1562,
  230  Florida Statutes, are amended to read:
  231         482.1562 Limited certification for urban landscape
  232  commercial fertilizer application.—
  233         (5) An application for recertification must be made 4 years
  234  after the date of issuance at least 90 days before the
  235  expiration of the current certificate and be accompanied by:
  236         (a) Proof of having completed the 4 classroom hours of
  237  acceptable continuing education required under subsection (4).
  238         (b) A recertification fee set by the department in an
  239  amount of at least $25 but not more than $75. Until the fee is
  240  set by rule, the fee for certification is $25.
  241         (6) A late renewal charge of $50 per month shall be
  242  assessed 30 days after the date the application for
  243  recertification is due and must be paid in addition to the
  244  renewal fee. Unless timely recertified, a certificate
  245  automatically expires 90 days after the recertification date.
  246  Upon expiration or after a grace period ending 30 days after
  247  expiration, a certificate may be issued only upon the person
  248  reapplying in accordance with subsection (3).
  249         Section 4. Paragraph (n) of subsection (1) of section
  250  500.03, Florida Statutes, is amended, and paragraph (cc) is
  251  added to that subsection, to read:
  252         500.03 Definitions; construction; applicability.—
  253         (1) For the purpose of this chapter, the term:
  254         (n) “Food” includes:
  255         1. Articles used for food or drink for human consumption;
  256         2. Chewing gum;
  257         3. Articles used for components of any such article; and
  258         4. Articles for which health claims are made, which claims
  259  are approved by the Secretary of the United States Department of
  260  Health and Human Services and which claims are made in
  261  accordance with s. 343(r) of the federal act, and which are not
  262  considered drugs solely because their labels or labeling contain
  263  health claims; and
  264         5. “Dietary supplements” as the term is defined in 21
  265  U.S.C. s. 321(ff)(1) and (2).
  266  
  267  The term includes any raw, cooked, or processed edible
  268  substance; ice; any beverage; or any ingredient used, intended
  269  for use, or sold for human consumption.
  270         (cc) “Vehicle” means a mode of transportation or mobile
  271  carrier used to transport food from one location to another,
  272  including, but not limited to, cars, carts, cycles, trucks,
  273  vans, trains, railcars, aircraft, and watercraft.
  274         Section 5. Subsection (1) of section 500.10, Florida
  275  Statutes, is amended, and subsection (5) is added to that
  276  section, to read:
  277         500.10 Food deemed adulterated.—A food is deemed to be
  278  adulterated:
  279         (1)(a) If it bears or contains any poisonous or deleterious
  280  substance which may render it injurious to health; but in case
  281  the substance is not an added substance such food shall not be
  282  considered adulterated under this clause if the quantity of such
  283  substance in such food does not ordinarily render it injurious
  284  to health;
  285         (b) If it bears or contains any added poisonous or added
  286  deleterious substance, other than one which is a pesticide
  287  chemical in or on a raw agricultural commodity; a food additive;
  288  or a color additive, which is unsafe within the meaning of s.
  289  500.13(1);
  290         (c) If it is a raw agricultural commodity and it bears or
  291  contains a pesticide chemical which is unsafe within the meaning
  292  of 21 U.S.C. s. 346(a) or s. 500.13(1);
  293         (d) If it is or it bears or contains, any food additive
  294  which is unsafe within the meaning of 21 U.S.C. s. 348 or s.
  295  500.13(1); provided that where a pesticide chemical has been
  296  used in or on a raw agricultural commodity in conformity with an
  297  exemption granted or tolerance prescribed under 21 U.S.C. s. 346
  298  or s. 500.13(1), and such raw agricultural commodity has been
  299  subjected to processing such as canning, cooking, freezing,
  300  dehydrating, or milling, the residue of such pesticide chemical
  301  remaining in or on such processed food shall, notwithstanding
  302  the provisions of s. 500.13, and this paragraph, not be deemed
  303  unsafe if such residue in or on the raw agricultural commodity
  304  has been removed to the extent possible in good manufacturing
  305  practice, and the concentration of such residue in the processed
  306  food when ready to eat, is not greater than the tolerance
  307  prescribed for the raw agricultural commodity;
  308         (e) If it consists in whole or in part of a diseased,
  309  contaminated, filthy, putrid, or decomposed substance, or if it
  310  is otherwise unfit for food;
  311         (f) If it has been produced, prepared, packed, transported,
  312  or held under insanitary conditions whereby it may become
  313  contaminated with filth, or whereby it may have been rendered
  314  diseased, unwholesome, or injurious to health;
  315         (g) If it is the product of a diseased animal or an animal
  316  which has died otherwise than by slaughter, or that has been fed
  317  upon the uncooked offal from a slaughterhouse; or
  318         (h) If its container is composed, in whole or in part, of
  319  any poisonous or deleterious substance which may render the
  320  contents injurious to health.
  321         (5)If a dietary supplement or its ingredients present a
  322  significant risk of illness or injury due to:
  323         (a)The recommended or suggested conditions of use on the
  324  product label;
  325         (b)The failure to provide conditions of use on the product
  326  label; or
  327         (c) It containing an ingredient for which there is
  328  inadequate information to provide reasonable assurances that the
  329  ingredient does not present a significant risk of illness or
  330  injury.
  331         Section 6. Paragraph (m) of subsection (1) of section
  332  500.11, Florida Statutes, is amended to read:
  333         500.11 Food deemed misbranded.—
  334         (1) A food is deemed to be misbranded:
  335         (m) If it is offered for sale and its label or labeling
  336  does not comply with the requirements of 21 U.S.C. s. 343(q) or
  337  21 U.S.C. s. 343(w) pertaining to nutrition or allergen
  338  information.
  339         Section 7. Subsection (20) of section 570.07, Florida
  340  Statutes, is amended, and subsection (44) is added to that
  341  section, to read:
  342         570.07 Department of Agriculture and Consumer Services;
  343  functions, powers, and duties.—The department shall have and
  344  exercise the following functions, powers, and duties:
  345         (20)(a) To stimulate, encourage, and foster the production
  346  and consumption of agricultural and agricultural business
  347  products;
  348         (b) To conduct activities that may foster a better
  349  understanding and more efficient cooperation among producers,
  350  dealers, buyers, food editors, and the consuming public in the
  351  promotion and marketing of Florida’s agricultural and
  352  agricultural business products; and
  353         (c) To sponsor events, trade breakfasts, luncheons, and
  354  dinners and distribute promotional materials and favors in
  355  connection with meetings, conferences, and conventions of
  356  dealers, buyers, food editors, and merchandising executives that
  357  will assist in the promotion and marketing of Florida’s
  358  agricultural and agricultural business products to the consuming
  359  public.
  360  
  361  The department is authorized to receive and expend donations
  362  contributed by private persons for the purpose of covering costs
  363  associated with the above described activities.
  364         (44) In its own name:
  365         (a) To perform all acts necessary to secure letters of
  366  patent, copyrights, and trademarks on any work products of the
  367  department and enforce its rights therein.
  368         (b) To license, lease, assign, or otherwise give written
  369  consent to any person, firm, or corporation for the manufacture
  370  or use of such department work products on a royalty basis or
  371  for such other consideration as the department deems proper.
  372         (c) To take any action necessary, including legal action,
  373  to protect such department work products against improper or
  374  unlawful use or infringement.
  375         (d) To enforce the collection of any sums due to the
  376  department for the manufacture or use of such department work
  377  products by another party.
  378         (e) To sell any of such department work products and
  379  execute all instruments necessary to consummate any such sale.
  380         (f) To do all other acts necessary and proper for the
  381  execution of powers and duties conferred upon the department by
  382  this section, including adopting rules, as necessary, in order
  383  to administer this section.
  384         Section 8. Subsection (5) of section 570.30, Florida
  385  Statutes, is amended to read:
  386         570.30 Division of Administration; powers and duties.—The
  387  Division of Administration shall render services required by the
  388  department and its other divisions, or by the commissioner in
  389  the exercise of constitutional and cabinet responsibilities,
  390  that can advantageously and effectively be centralized and
  391  administered and any other function of the department that is
  392  not specifically assigned by law to some other division. The
  393  duties of this division include, but are not limited to:
  394         (5) Providing electronic data processing and management
  395  information systems support for the department.
  396         Section 9. Subsection (4) is added to section 570.441,
  397  Florida Statutes, to read:
  398         570.441 Pest Control Trust Fund.—
  399         (4) In addition to the uses authorized under subsection
  400  (2), the department may use moneys collected or received under
  401  chapter 482 to carry out s. 570.44. This subsection expires June
  402  30, 2019.
  403         Section 10. Subsection (2) of section 570.53, Florida
  404  Statutes, is amended to read:
  405         570.53 Division of Marketing and Development; powers and
  406  duties.—The powers and duties of the Division of Marketing and
  407  Development include, but are not limited to:
  408         (2) Enforcing the provisions of ss. 604.15-604.34, the
  409  dealers in agricultural products law, and ss. 534.47-534.53.
  410         Section 11. Subsection (2) of section 570.544, Florida
  411  Statutes, is amended to read:
  412         570.544 Division of Consumer Services; director; powers;
  413  processing of complaints; records.—
  414         (2) The director shall supervise, direct, and coordinate
  415  the activities of the division and shall, under the direction of
  416  the department, enforce ss. 604.15-604.34 and the provisions of
  417  chapters 472, 496, 501, 507, 525, 526, 527, 531, 539, 559, 616,
  418  and 849.
  419         Section 12. Section 570.68, Florida Statutes, is created to
  420  read:
  421         570.68 Office of Agriculture Technology Services.—The
  422  commissioner may create an Office of Agriculture Technology
  423  Services under the supervision of a senior manager. The senior
  424  manager is exempt under s. 110.205 in the Senior Management
  425  Service and shall be appointed by the commissioner. The office
  426  shall provide electronic data processing and agency information
  427  technology services to support and facilitate the functions,
  428  powers, and duties of the department.
  429         Section 13. Section 570.681, Florida Statutes, is amended
  430  to read:
  431         570.681 Florida Agriculture Center and Horse Park;
  432  legislative findings.—It is the finding of the Legislature that:
  433         (1) Agriculture is an important industry to the State of
  434  Florida, producing over $6 billion per year while supporting
  435  over 230,000 jobs.
  436         (1)(2) Equine and other agriculture-related industries will
  437  strengthen and benefit each other with the establishment of a
  438  statewide agriculture and horse facility.
  439         (2)(3)The A Florida Agriculture Center and Horse Park
  440  provides will provide Florida with a unique tourist experience
  441  for visitors and residents, thus generating taxes and additional
  442  dollars for the state.
  443         (3)(4) Promoting the Florida Agriculture Center and Horse
  444  Park as a joint effort between the state and the private sector
  445  allows will allow this facility to use utilize experts and
  446  generate revenue from many areas to ensure the success of this
  447  facility.
  448         Section 14. Paragraphs (b) and (c) of subsection (4) of
  449  section 570.685, Florida Statutes, are amended to read:
  450         570.685 Florida Agriculture Center and Horse Park
  451  Authority.—
  452         (4) The authority shall meet at least semiannually and
  453  elect a chair, a vice chair, and a secretary for 1-year terms.
  454         (b) The department may provide shall be responsible for
  455  providing administrative and staff support services relating to
  456  the meetings of the authority and shall provide suitable space
  457  in the offices of the department for the meetings and the
  458  storage of records of the authority.
  459         (c) In conducting its meetings, the authority shall use
  460  accepted rules of procedure. The secretary shall keep a complete
  461  record of the proceedings of each meeting showing, which record
  462  shall show the names of the members present and the actions
  463  taken. These records shall be kept on file with the department,
  464  and such records and other documents regarding matters within
  465  the jurisdiction of the authority shall be subject to inspection
  466  by members of the authority.
  467         Section 15. Section 571.24, Florida Statutes, is amended to
  468  read:
  469         571.24 Purpose; duties of the department.—The purpose of
  470  this part is to authorize the department to establish and
  471  coordinate the Florida Agricultural Promotional Campaign. The
  472  campaign is intended to serve as a marketing program for the
  473  promotion of agricultural commodities, value-added products, and
  474  agricultural-related businesses of this state. The campaign is
  475  not a food safety and traceability program. The duties of the
  476  department shall include, but are not limited to:
  477         (1) Developing logos and authorizing the use of logos as
  478  provided by rule.
  479         (2) Registering participants.
  480         (3) Assessing and collecting fees.
  481         (4) Collecting rental receipts for industry promotions.
  482         (5) Developing in-kind advertising programs.
  483         (6) Contracting with media representatives for the purpose
  484  of dispersing promotional materials.
  485         (7) Assisting the representative of the department who
  486  serves on the Florida Agricultural Promotional Campaign Advisory
  487  Council.
  488         (8) Designating a division employee to be a member of the
  489  Advertising Interagency Coordinating Council.
  490         (8)(9) Adopting rules pursuant to ss. 120.536(1) and 120.54
  491  to implement the provisions of this part.
  492         (9)(10) Enforcing and administering the provisions of this
  493  part, including measures ensuring that only Florida agricultural
  494  or agricultural based products are marketed under the “Fresh
  495  From Florida” or “From Florida” logos or other logos of the
  496  Florida Agricultural Promotional Campaign.
  497         Section 16. Section 571.27, Florida Statutes, is amended to
  498  read:
  499         571.27 Rules.—The department is authorized to adopt rules
  500  that implement, make specific, and interpret the provisions of
  501  this part, including rules for entering into contracts with
  502  advertising agencies for services which are directly related to
  503  the Florida Agricultural Promotional Campaign. Such rules shall
  504  establish the procedures for negotiating costs with the offerors
  505  of such advertising services who have been determined by the
  506  department to be qualified on the basis of technical merit,
  507  creative ability, and professional competency. Such
  508  determination of qualifications shall also include consideration
  509  of the provisions in s. 287.055(3), (4), and (5). The department
  510  is further authorized to determine, by rule, the logos or
  511  product identifiers to be depicted for use in advertising,
  512  publicizing, and promoting the sale of Florida agricultural
  513  products or agricultural-based products in the Florida
  514  Agricultural Promotional Campaign. The department may also adopt
  515  rules consistent not inconsistent with the provisions of this
  516  part as in its judgment may be necessary for participant
  517  registration, renewal of registration, classes of membership,
  518  application forms, and as well as other forms and enforcement
  519  measures ensuring compliance with this part.
  520         Section 17. Subsection (1) of section 571.28, Florida
  521  Statutes, is amended to read:
  522         571.28 Florida Agricultural Promotional Campaign Advisory
  523  Council.—
  524         (1) ORGANIZATION.—There is hereby created within the
  525  department the Florida Agricultural Promotional Campaign
  526  Advisory Council, to consist of 15 members appointed by the
  527  Commissioner of Agriculture for 4-year staggered terms. The
  528  membership shall include: 13 six members representing
  529  agricultural producers, shippers, or packers, three members
  530  representing agricultural retailers, two members representing
  531  agricultural associations, and wholesalers one member
  532  representing a wholesaler of agricultural products; 1, one
  533  member representing consumers;, and 1 one member representing
  534  the department. Initial appointment of the council members shall
  535  be four members to a term of 4 years, four members to a term of
  536  3 years, four members to a term of 2 years, and three members to
  537  a term of 1 year.
  538         Section 18. Subsection (2) of section 576.041, Florida
  539  Statutes, is amended to read:
  540         576.041 Inspection fees; records.—
  541         (2) Before the distribution of a fertilizer, each licensee
  542  shall make application upon a form provided by the department to
  543  report quarterly monthly the tonnage of fertilizer sold in the
  544  state and make payment of the inspection fee. The continuance of
  545  a license is conditioned upon the applicant’s:
  546         (a) Maintaining records and a bookkeeping system that will
  547  accurately indicate the tonnage of fertilizer sold by the
  548  licensee; and
  549         (b) Consent to examination of the business records and
  550  books by the department for a verification of the correctness of
  551  tonnage reports and inspection fees. Tonnage reports of sales
  552  and payment of inspection fee shall be made quarterly using the
  553  department’s regulatory website or monthly on forms furnished by
  554  the department and submitted within 30 days following the close
  555  of the reporting period on or before the fifteenth day of the
  556  month succeeding the month covered by the reports.
  557         Section 19. Section 580.0365, Florida Statutes, is created
  558  to read:
  559         580.0365 Preemption of regulatory authority over commercial
  560  feed and feedstuff.—It is the intent of the Legislature to
  561  eliminate duplication of regulation over commercial feed and
  562  feedstuff. Notwithstanding any other law, the authority to
  563  regulate, inspect, sample, and analyze commercial feed or
  564  feedstuff distributed in this state or to exercise the powers
  565  and duties of regulation granted by this chapter, including the
  566  assessment of penalties for violation of this chapter, is
  567  preempted to the department.
  568         Section 20. Subsection (3) is added to section 581.181,
  569  Florida Statutes, to read:
  570         581.181 Notice of infection of plants; destruction.—
  571         (3) This section does not apply to plants or plant products
  572  infested with pests or noxious weeds if such pests and weeds are
  573  determined to be widely established within the state and are not
  574  specifically regulated under rules adopted by the department or
  575  under any other provisions of law.
  576         Section 21. Effective upon becoming a law, section 581.189,
  577  Florida Statutes, is created to read:
  578         581.189 Grove Removal or Vector Elimination (GROVE)
  579  Program.—
  580         (1)There is created within the Department of Agriculture
  581  and Consumer Services the Grove Removal or Vector Elimination
  582  Program, a cost-sharing program for the removal or destruction
  583  of abandoned citrus groves to eliminate the material harboring
  584  the citrus disease Huanglongbing, also known as citrus greening,
  585  and the vectors that spread the disease.
  586         (2)For purposes of this section, the term:
  587         (a)“Abandoned citrus grove” means a citrus grove that has
  588  minimal or no production value and is no longer economically
  589  viable as a commercial citrus grove.
  590         (b)“Applicant” means the person who owns an abandoned
  591  citrus grove.
  592         (c)“Eligible costs” means the costs, incurred after an
  593  application is selected for funding, of the removal or
  594  destruction the citrus trees and the elimination of any citrus
  595  greening vectors, as described in the removal or destruction
  596  plan in the funded application.
  597         (d)“Funded application” means an application selected for
  598  cost-share funding pursuant to this section and rules adopted by
  599  the department.
  600         (e)“Program” means the Grove Removal or Vector Elimination
  601  Program.
  602         (3)The department shall adopt by rule the standards to be
  603  used in reviewing and ranking applications for cost-share
  604  funding under the program based on the following factors:
  605         (a)The length of time the citrus groves have been
  606  abandoned.
  607         (b)Whether the citrus groves are located within a Citrus
  608  Health Management Area.
  609         (c)The proximity of the abandoned citrus groves to other
  610  citrus groves currently in production.
  611         (4)An applicant may submit multiple applications for the
  612  program, but is eligible only for a maximum of $125,000 in
  613  program cost-share funding in a given fiscal year. The
  614  department may award to each funded application a cost-share of
  615  up to 80 percent of eligible costs. The total amount of cost
  616  share allocated under the program in each fiscal year may not
  617  exceed the amount specifically appropriated for the program for
  618  the fiscal year.
  619         (5)An applicant seeking cost-share assistance under the
  620  program must submit an application to the department by a date
  621  determined by department rule. The application must include, at
  622  minimum:
  623         (a)The applicant’s plan to remove or destroy citrus trees
  624  and any citrus greening vectors in the abandoned citrus grove.
  625         (b)An affidavit from the applicant certifying that all
  626  information contained in the application is true and correct.
  627         (c)All information determined by rule to be necessary for
  628  the department to determine eligibility for the program and rank
  629  applications.
  630         (6)If the department determines an application to be
  631  incomplete, it may require the applicant to submit additional
  632  information within 10 days after such determination is made.
  633         (7)Each fiscal year, the department shall review all
  634  complete applications received in accordance with its rules
  635  adopted pursuant to subsection (5). For each such complete
  636  submitted application, the department must rank the applications
  637  in accordance with the factors specified in subsection (3) and,
  638  before selecting an application for funding, must conduct an
  639  inspection of the abandoned citrus grove that is the subject of
  640  the application.
  641         (8)The department may deny an application pursuant to
  642  chapter 120 for failure to comply with this section and
  643  department rules.
  644         (9)If an application is selected for funding, the
  645  applicant must initiate and complete the removal or destruction
  646  of the citrus trees identified in the application within the
  647  timeframe specified by department rule. The applicant’s failure
  648  to initiate and complete the removal or destruction of the
  649  identified citrus trees within the time specified by the
  650  department results in the forfeiture of the cost-share funding
  651  approved based on the application. Upon such occurrence, the
  652  department shall notify the next eligible applicant, based upon
  653  its ranking of applicants for the fiscal year, of the
  654  availability of cost-share funding. Such applicant, upon
  655  acceptance, may be awarded cost-share funding pursuant to this
  656  section, subject to available program funds.
  657         (10)Upon completion of the removal or destruction of the
  658  citrus trees identified in the funded application, the applicant
  659  shall present proof of payment of removal or destruction costs
  660  to the department. Upon receipt of satisfactory proof of payment
  661  and satisfactory proof of the removal or destruction of the
  662  trees identified in the funded application, the department may
  663  issue payment to the applicant for the previously approved cost
  664  share amount.
  665         (11)The department may adopt rules to implement and
  666  administer this section, including an application process and
  667  requirements, an application ranking process that is consistent
  668  with the factors specified in subsection (3), and the
  669  administration of cost-share funding.
  670         (12)The annual awarding of funding through the program is
  671  subject to specific legislative appropriation for this purpose.
  672         Section 22. Subsections (1), (4), (5), (7), and (8) of
  673  section 582.01, Florida Statutes, are amended to read:
  674         582.01 Definitions.—Wherever used or referred to in this
  675  chapter unless a different meaning clearly appears from the
  676  context:
  677         (1) “District” or “soil conservation district or “soil and
  678  water conservation district” means a governmental subdivision of
  679  this state, and a body corporate and politic, organized in
  680  accordance with the provisions of this chapter, for the purpose,
  681  with the powers, and subject to the provisions set forth in this
  682  chapter. The term “district, or “soil conservation district,
  683  when used in this chapter, means and includes a “soil and water
  684  conservation district.” All districts heretofore or hereafter
  685  organized under this chapter shall be known as soil and water
  686  conservation districts and shall have all the powers set out
  687  herein.
  688         (4) “Landowner” or “owner of land” includes any person who
  689  holds shall hold legal or equitable title to any lands lying
  690  within a district organized under the provisions of this
  691  chapter.
  692         (5) “Land occupier” or “occupier of land” includes any
  693  person, other than the owner, who is a lessee, renter, or tenant
  694  or who is otherwise shall be in possession of land any lands
  695  lying within a district organized under the provisions of this
  696  chapter, whether as lessee, renter, tenant, or otherwise.
  697         (7) “Due notice,” in addition to notice required pursuant
  698  to the provisions of chapter 120, means notice published at
  699  least twice, with an interval of at least 7 days between the two
  700  publication dates, in a newspaper or other publication of
  701  general circulation within the appropriate area or, if no such
  702  publication of general circulation be available, by posting at a
  703  reasonable number of conspicuous places within the appropriate
  704  area, such posting to include, where possible, posting at public
  705  places where it may be customary to post notices concerning
  706  county or municipal affairs generally. At any hearing held
  707  pursuant to such notice, at the time and place designated in
  708  such notice, adjournment may be made from time to time without
  709  the necessity of renewing such notice for such adjourned dates.
  710         (8) “Administrative officer” means the administrative
  711  officer of soil and water conservation created by s. 582.09.
  712         Section 23. Section 582.02, Florida Statutes, is amended to
  713  read:
  714         582.02 Legislative intent and findings; purpose of
  715  districts Lands a basic asset of state.—
  716         (1) It is the intent of the Legislature to promote the
  717  appropriate and efficient use of soil and water resources,
  718  protect water quality, prevent floodwater and sediment damage,
  719  preserve wildlife, protect public lands, and protect and promote
  720  the health, safety, and welfare of the public.
  721         (2) The Legislature finds that the farm, forest, and
  722  grazing lands; green spaces; recreational areas; and natural
  723  areas of the state are among its the basic assets of the state
  724  and that the conservation preservation of these assets lands is
  725  in the public interest necessary to protect and promote the
  726  health, safety, and general welfare of its people ; improper
  727  land use practices have caused and have contributed to, and are
  728  now causing and contributing to a progressively more serious
  729  erosion of the farm and grazing lands of this state by fire,
  730  wind and water; the breaking of natural grass, plant, and forest
  731  cover has interfered with the natural factors of soil
  732  stabilization, causing loosening of soil and exhaustion of
  733  humus, and developing a soil condition that favors erosion; the
  734  top soil is being burned, washed and blown out of fields and
  735  pastures; there has been an accelerated washing of sloping
  736  fields; these processes of erosion by fire, wind and water speed
  737  up with removal of absorptive topsoil, causing exposure of less
  738  absorptive and less protective but more erosive subsoil; failure
  739  by any landowner or occupier to conserve the soil and control
  740  erosion upon her or his lands causes destruction by burning,
  741  washing and blowing of soil and water from her or his lands onto
  742  other lands and makes the conservation of soil and control
  743  erosion of such other lands difficult or impossible.
  744         (3) The Legislature further finds it necessary that
  745  appropriate land and water resource protection practices be
  746  implemented to ensure the conservation of this state’s farm,
  747  forest, and grazing lands; green spaces; recreational areas; and
  748  natural areas and to conserve, protect, and properly use soil
  749  and water resources.
  750         (4) The purpose of the soil and water conservation
  751  districts is to provide assistance, guidance, and education to
  752  landowners, land occupiers, the agricultural industry, and the
  753  general public in implementing land and water resource
  754  protection practices and to work in conjunction with federal,
  755  state, and local agencies in all matters to implement this
  756  chapter.
  757         Section 24. Section 582.055, Florida Statutes, is amended
  758  to read:
  759         582.055 Powers and duties of the Department of Agriculture
  760  and Consumer Services.—The department has all of the following
  761  powers and duties:
  762         (1) To administer The provisions of this chapter shall be
  763  administered by the Department of Agriculture and Consumer
  764  Services.
  765         (2) The department is authorized To receive gifts,
  766  appropriations, materials, equipment, lands, and facilities and
  767  to manage, operate, and disburse them for the use and benefit of
  768  the soil and water conservation districts of the state.
  769         (3) To require The department shall provide for an annual
  770  audit of the accounts of receipts and disbursements.
  771         (4) To The department may furnish information and call upon
  772  any state or local agencies for cooperation in carrying out the
  773  provisions of this chapter.
  774         (5)To offer assistance as may be appropriate to the
  775  supervisors of soil and water conservation districts and to
  776  facilitate communication and cooperation between the districts.
  777         (6)To seek the cooperation and assistance of the Federal
  778  Government and any of its agencies, and of agencies and counties
  779  of this state, in the work of such districts, including the
  780  receipt and expenditure of state, federal, or other funds or
  781  contributions.
  782         (7)To disseminate information throughout the state
  783  concerning the activities and programs of the soil and water
  784  conservation districts and to encourage the formation of such
  785  districts in areas where their organization is desirable.
  786         (8) To create or dissolve a soil and water conservation
  787  district pursuant to this chapter.
  788         (9) To adopt rules, as necessary, to implement this
  789  chapter.
  790         Section 25. Subsection (2) of section 582.06, Florida
  791  Statutes, is amended to read:
  792         582.06 Soil and Water Conservation Council; powers and
  793  duties.—
  794         (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—
  795         (a) The meetings, powers and duties, procedures, and
  796  recordkeeping of the Soil and Water Conservation Council shall
  797  be conducted pursuant to s. 570.232.
  798         (b) The council shall accept and review requests for
  799  creating or dissolving soil and water conservation districts and
  800  shall, by a majority vote, recommend to the commissioner by
  801  resolution that a district be created or dissolved pursuant to
  802  the request or that the request be denied.
  803         (c) At the request of the Governor or a district, the
  804  council shall consider and recommend to the Governor the removal
  805  or retention of a supervisor for neglect of duty or malfeasance
  806  in office.
  807         Section 26. Section 582.16, Florida Statutes, is amended to
  808  read:
  809         582.16 Change of Addition of territory to district
  810  boundaries or removal of territory therefrom.—Requests to
  811  increase or decrease the boundaries of Petitions for including
  812  additional territory or removing territory within an existing
  813  district may be filed with the department of Agriculture and
  814  Consumer Services, and the department shall follow the
  815  proceedings provided for in this chapter to create a district in
  816  the case of petitions to organize a district shall be observed
  817  in the case of petitions for such inclusion or removal. The
  818  department shall prescribe the form for such petition, which
  819  shall be as nearly as may be in the form prescribed in this
  820  chapter for petitions to organize a district. If the petition is
  821  signed by a majority of the landowners of such area, no
  822  referendum need be held. In referenda upon petitions for such
  823  inclusions or removals, all owners of land lying within the
  824  proposed area to be added or removed shall be eligible to vote.
  825         Section 27. Section 582.20, Florida Statutes, is amended to
  826  read:
  827         582.20 Powers of districts and supervisors.—A soil and
  828  water conservation district organized under the provisions of
  829  this chapter constitutes shall constitute a governmental
  830  subdivision of this state, and a public body corporate and
  831  politic, exercising public powers, and such district and the
  832  supervisors thereof, shall have all of the following powers, in
  833  addition to others granted in other sections of this chapter:
  834         (1) To conduct surveys, studies investigations, and
  835  research relating to the character of soil and water resources
  836  and erosion and floodwater and sediment damages, to the
  837  conservation, development and utilization of soil and water
  838  resources and the disposal of water, and to the preventive and
  839  control measures and works of improvement needed; to publish and
  840  disseminate the results of such surveys, studies, and
  841  investigations, or research,; and related to disseminate
  842  information. concerning such preventive and control measures and
  843  works of improvement; provided, however, that in order to avoid
  844  duplication of research activities, no district shall initiate
  845  any research program except in cooperation with the government
  846  of this state or any of its agencies, or with the United States
  847  or any of its agencies;
  848         (2) To conduct agricultural best management practices
  849  demonstration demonstrational projects and projects for the
  850  conservation, protection, and restoration of soil and water
  851  resources:
  852         (a) Within the district’s boundaries;
  853         (b) Within another district’s boundaries, subject to the
  854  other district’s approval;, territory within another district’s
  855  boundaries subject to the other district’s approval, or
  856  territory
  857         (c) In areas not contained within any district’s boundaries
  858  on lands owned or controlled by this state or any of its
  859  agencies, with the cooperation of the agency administering and
  860  having jurisdiction thereof; or, and
  861         (d) On any other lands within the district’s boundaries,
  862  territory within another district’s boundaries subject to the
  863  other district’s approval, or on lands territory not contained
  864  within any district’s boundaries upon obtaining the consent of
  865  the owner and occupiers of such lands or the necessary rights or
  866  interests in such lands., in order to demonstrate by example the
  867  means, methods, and measures by which soil and soil resources
  868  may be conserved, and soil erosion in the form of soil blowing
  869  and soil washing may be prevented and controlled, and works of
  870  improvement for flood prevention or the conservation,
  871  development and utilization of soil and water resources, and the
  872  disposal of water may be carried out;
  873         (3) To carry out preventive and control measures and works
  874  of improvement for flood prevention or the conservation,
  875  development and utilization of soil and water resources, and the
  876  disposal of water within the district’s boundaries, territory
  877  within another district’s boundaries subject to the other
  878  district’s approval, or territory not contained within any
  879  district’s boundaries, including, but not limited to,
  880  engineering operations, methods of cultivation, the growing of
  881  vegetation, changes in use of land, and the measures listed in
  882  s. 582.04 on lands owned or controlled by this state or any of
  883  its agencies, with the cooperation of the agency administering
  884  and having jurisdiction thereof, and on any other lands within
  885  the district’s boundaries, territory within another district’s
  886  boundaries subject to the other district’s approval, or
  887  territory not contained within any district’s boundaries upon
  888  obtaining the consent of the owner and the occupiers of such
  889  lands or the necessary rights or interests in such lands;
  890         (3)(4) To cooperate, or enter into agreements with, and
  891  within the limits of appropriations duly made available to it by
  892  law, to furnish financial or other aid to, any special district,
  893  municipality, county, water management district, state or
  894  federal agency, governmental or otherwise, or any owner or
  895  occupier of lands within the district’s boundaries; on lands,
  896  territory within another district’s boundaries, subject to the
  897  other district’s approval; or on lands, or territory not
  898  contained within any district’s boundaries, to further the
  899  purpose of this chapter. in the carrying on of erosion control
  900  or prevention operations and works of improvement for flood
  901  prevention or the conservation, development and utilization, of
  902  soil and water resources and the disposal of water within the
  903  district’s boundaries, territory within another district’s
  904  boundaries subject to the other district’s approval, or
  905  territory not contained within any district’s boundaries,
  906  subject to such conditions as the supervisors may deem necessary
  907  to advance the purposes of this chapter;
  908         (4)(5) To obtain options upon and to acquire, by purchase,
  909  exchange, lease, gift, grant, bequest, devise, or otherwise, any
  910  property, real or personal, or rights or interests in such
  911  property therein; to maintain, administer, and improve any
  912  properties acquired, to receive income from such properties, and
  913  to expend such income in complying with carrying out the
  914  purposes and provisions of this chapter; and to sell, lease, or
  915  otherwise dispose of any of its property or interests therein in
  916  compliance with furtherance of the purposes and the provisions
  917  of this chapter.;
  918         (5)(6) To make available, on such terms as it shall
  919  prescribe, agricultural, engineering, and other machinery,
  920  materials, and equipment to landowners and occupiers of land
  921  within the district’s boundaries, on lands territory within
  922  another district’s boundaries, subject to the other district’s
  923  approval;, or on lands territory not contained within any
  924  district’s boundaries. Such machinery, materials, and equipment
  925  must, agricultural and engineering machinery and equipment,
  926  fertilizer, seeds and seedlings, and such other material or
  927  equipment, as will assist such landowners and occupiers of land
  928  to conduct carry on operations upon their lands for the
  929  conservation and protection of soil and water resources. and for
  930  the prevention or control of soil erosion and for flood
  931  prevention or the conservation, development and utilization, of
  932  soil and water resources and the disposal of water;
  933         (6)(7) To construct, improve, operate, and maintain such
  934  structures as may be necessary or convenient for the performance
  935  of any of the operations authorized in this chapter.;
  936         (7)(8) To provide or assist in providing training and
  937  education programs that further the purposes of this chapter.
  938  develop comprehensive plans for the conservation of soil and
  939  water resources and for the control and prevention of soil
  940  erosion and for flood prevention or the conservation,
  941  development and utilization of soil and water resources, and the
  942  disposal of water within the district’s boundaries, territory
  943  within another district’s boundaries subject to the other
  944  district’s approval, or territory not contained within any
  945  district’s boundaries, which plans shall specify in such detail
  946  as may be possible the acts, procedures, performances, and
  947  avoidances which are necessary or desirable for the effectuation
  948  of such plans, including the specification of engineering
  949  operations, methods of cultivation, the growing of vegetation,
  950  cropping programs, tillage practices, and changes in use of
  951  land; control of artesian wells; and to publish such plans and
  952  information and bring them to the attention of owners and
  953  occupiers of lands within the district’s boundaries, territory
  954  within another district’s boundaries subject to the other
  955  district’s approval, or territory not contained within any
  956  district’s boundaries;
  957         (9) To take over, by purchase, lease, or otherwise, and to
  958  administer any soil-conservation, erosion-control, erosion
  959  prevention project, or any project for flood-prevention or for
  960  the conservation, development and utilization of soil and water
  961  resources, and the disposal of water, located within the
  962  district’s boundaries, territory within another district’s
  963  boundaries subject to the other district’s approval, or
  964  territory not contained within any district’s boundaries,
  965  undertaken by the United States or any of its agencies, or by
  966  this state or any of its agencies; to manage as agent of the
  967  United States or any of its agencies, or of the state or any of
  968  its agencies, any soil-conservation, erosion-control, erosion
  969  prevention, or any project for flood-prevention or for the
  970  conservation, development, and utilization of soil and water
  971  resources, and the disposal of water within the district’s
  972  boundaries, territory within another district’s boundaries
  973  subject to the other district’s approval, or territory not
  974  contained within any district’s boundaries; to act as agent for
  975  the United States, or any of its agencies, or for the state or
  976  any of its agencies, in connection with the acquisition,
  977  construction, operation or administration of any soil
  978  conservation, erosion-control, erosion-prevention, or any
  979  project for flood-prevention or for the conservation,
  980  development and utilization of soil and water resources, and the
  981  disposal of water within the district’s boundaries, territory
  982  within another district’s boundaries subject to the other
  983  district’s approval, or territory not contained within any
  984  district’s boundaries; to accept donations, gifts, and
  985  contributions in money, services, materials, or otherwise, from
  986  the United States or any of its agencies, or from this state or
  987  any of its agencies, or from others, and to use or expend such
  988  moneys, services, materials or other contributions in carrying
  989  on its operations;
  990         (8)(10) To sue and be sued in the name of the district; to
  991  have a seal, which seal shall be judicially noticed; to have
  992  perpetual succession unless terminated as provided in this
  993  chapter; to make and execute contracts and other instruments
  994  necessary or convenient to the exercise of its powers; and upon
  995  a majority vote of the supervisors of the district, to borrow
  996  money and to execute promissory notes and other evidences of
  997  indebtedness in connection therewith, and to pledge, mortgage,
  998  and assign the income of the district and its personal property
  999  as security therefor, the notes and other evidences of
 1000  indebtedness to be general obligations only of the district and
 1001  in no event to constitute an indebtedness for which the faith
 1002  and credit of the state or any of its revenues are pledged; to
 1003  make, amend, and repeal rules and regulations not inconsistent
 1004  with this chapter to carry into effect its purposes and powers.
 1005         (9) In coordination with the applicable counties, to use
 1006  the services of the county agricultural agents and the
 1007  facilities of their offices, if practicable and feasible. The
 1008  supervisors may employ additional permanent or temporary staff,
 1009  as needed, and determine their qualifications, duties, and
 1010  compensation. The supervisors may delegate to their chair, to
 1011  one or more supervisors, or to employees such powers and duties
 1012  as they may deem proper, consistent with this chapter. The
 1013  supervisors shall furnish to the department, upon request,
 1014  copies of rules, orders, contracts, forms, and other documents
 1015  they adopt or employ, and other information concerning their
 1016  activities which the department may require in the performance
 1017  of its duties under this chapter.
 1018         (10) To adopt rules pursuant to chapter 120 to implement
 1019  this chapter.
 1020         (11) To request that the Governor remove a supervisor for
 1021  neglect of duty or malfeasance in office by adoption of a
 1022  resolution at a public meeting. If the district believes there
 1023  is a need for a review of the request, the district may request
 1024  the council, by resolution, to review the request and recommend
 1025  action to the Governor. As a condition to the extending of any
 1026  benefits under this chapter to, or the performance of work upon,
 1027  any lands not owned or controlled by this state or any of its
 1028  agencies, the supervisors may require contributions in money,
 1029  services, materials, or otherwise to any operations conferring
 1030  such benefits, and may require landowners and occupiers to enter
 1031  into and perform such agreements or covenants as to the
 1032  permanent use of such lands as will tend to prevent or control
 1033  erosion and prevent floodwater and sediment damages thereon;
 1034         (12) No Provisions with respect to the acquisition,
 1035  operation, or disposition of property by public bodies of this
 1036  state do not apply shall be applicable to a district organized
 1037  under this chapter hereunder unless the Legislature shall
 1038  specifically provides for their application so state. The
 1039  property and property rights of every kind and nature acquired
 1040  by a any district organized under the provisions of this chapter
 1041  are shall be exempt from state, county, and other taxation.
 1042         Section 28. Section 582.29, Florida Statutes, is amended to
 1043  read:
 1044         582.29 State agencies to cooperate.—Agencies of this state
 1045  which shall have jurisdiction over, or are be charged with, the
 1046  administration of any state-owned lands, and agencies of any
 1047  county, or other governmental subdivision of the state, which
 1048  shall have jurisdiction over, or are be charged with the
 1049  administration of, any county-owned or other publicly owned
 1050  lands, lying within the boundaries of any district organized
 1051  under this chapter, the boundaries of another district subject
 1052  to that district’s approval, or territory not contained within
 1053  the boundaries of any district organized under this chapter,
 1054  shall cooperate to the fullest extent with the supervisors of
 1055  such districts in the implementation effectuation of programs
 1056  and operations undertaken by the supervisors under the
 1057  provisions of this chapter. The supervisors of such districts
 1058  shall be given free access to enter and perform work upon such
 1059  publicly owned lands. The provisions of land use regulations
 1060  adopted shall be in all respects observed by the agencies
 1061  administering such publicly owned lands.
 1062         Section 29. Present subsections (4) and (5) of section
 1063  595.402, Florida Statutes, are redesignated as subsections (5)
 1064  and (6), respectively, and a new subsection (4) and subsections
 1065  (7) and (8) are added to that section, to read:
 1066         595.402 Definitions.—As used in this chapter, the term:
 1067         (4) “School breakfast program” means a program authorized
 1068  by s. 4 of the Child Nutrition Act of 1966 and administered by
 1069  the department.
 1070         (7) “Summer nutrition program” means one or more of the
 1071  programs authorized under 42 U.S.C. s. 1761.
 1072         (8) “Universal school breakfast program” means a program
 1073  that makes breakfast available at no cost to all students
 1074  regardless of their household income.
 1075         Section 30. Section 595.404, Florida Statutes, is amended
 1076  to read:
 1077         595.404 School food and other nutrition programs service
 1078  program; powers and duties of the department.—The department has
 1079  the following powers and duties:
 1080         (1) To conduct, supervise, and administer the program that
 1081  will be carried out using federal or state funds, or funds from
 1082  any other source.
 1083         (2) To conduct, supervise, and administer a Farmers’ Market
 1084  Nutrition Program to provide participants in the Special
 1085  Supplemental Nutrition Program for Women, Infants, and Children
 1086  (WIC) with locally grown fruits and vegetables. The program is
 1087  to be carried out using federal or state funds or funds from any
 1088  other source.
 1089         (3)(2) To fully cooperate with the United States Government
 1090  and its agencies and instrumentalities so that the department
 1091  may receive the benefit of all federal financial allotments and
 1092  assistance possible to carry out the purposes of this chapter.
 1093         (4)(3) To implement and adopt by rule, as required, federal
 1094  regulations to maximize federal assistance for the program.
 1095         (5)(4) To act as agent of, or contract with, the Federal
 1096  Government, another state agency, any county or municipal
 1097  government, or sponsor for the administration of the program,
 1098  including the distribution of funds provided by the Federal
 1099  Government to support the program.
 1100         (6)(5) To provide make a reasonable effort to ensure that
 1101  any school designated as a “severe need school” receives the
 1102  highest rate of reimbursement to which it is entitled under 42
 1103  U.S.C. s. 1773 for each breakfast meal served.
 1104         (7)(6) To develop and propose legislation necessary to
 1105  implement the program, encourage the development of innovative
 1106  school food and nutrition services, and expand participation in
 1107  the program.
 1108         (8)(7) To annually allocate among the sponsors, as
 1109  applicable, funds provided from the school breakfast supplement
 1110  in the General Appropriations Act based on each district’s total
 1111  number of free and reduced-price breakfast meals served.
 1112         (9)(8) To employ such persons as are necessary to perform
 1113  its duties under this chapter.
 1114         (10)(9) To adopt rules covering the administration,
 1115  operation, and enforcement of the program, and the Farmers’
 1116  Market Nutrition Program, as well as to implement the provisions
 1117  of this chapter.
 1118         (11)(10) To adopt and implement an appeal process by rule,
 1119  as required by federal regulations, for applicants and
 1120  participants under the programs implemented under this chapter
 1121  program, notwithstanding ss. 120.569 and 120.57-120.595.
 1122         (12)(11) To assist, train, and review each sponsor in its
 1123  implementation of the program.
 1124         (13)(12) To advance funds from the program’s annual
 1125  appropriation to a summer nutrition program sponsor sponsors,
 1126  when requested, in order to implement the provisions of this
 1127  chapter and in accordance with federal regulations.
 1128         (14) To collect data on food purchased through the programs
 1129  defined in ss. 595.402(3) and 595.406 and to publish that data
 1130  annually.
 1131         (15) To enter into agreements with federal or state
 1132  agencies to coordinate or cooperate in the implementation of
 1133  nutrition programs.
 1134         Section 31. Section 595.405, Florida Statutes, is amended
 1135  to read:
 1136         595.405 School nutrition program requirements for school
 1137  districts and sponsors.—
 1138         (1) Each school district school board shall consider the
 1139  recommendations of the district school superintendent and adopt
 1140  policies to provide for an appropriate food and nutrition
 1141  service program for students consistent with federal law and
 1142  department rules.
 1143         (2) Each school district school board shall implement
 1144  school breakfast programs that make breakfast meals available to
 1145  all students in each elementary school that serves any
 1146  combination of grades kindergarten through 5. Universal school
 1147  breakfast programs shall be offered in schools in which 80
 1148  percent or more of the students are eligible for free or
 1149  reduced-price meals. Each school shall, to the maximum extent
 1150  practicable, make breakfast meals available to students at an
 1151  alternative site location, which may include, but need not be
 1152  limited to, alternative breakfast options as described in
 1153  publications of the Food and Nutrition Service of the United
 1154  States Department of Agriculture for the federal School
 1155  Breakfast Program.
 1156         (3) Each school district school board must annually set
 1157  prices for breakfast meals at rates that, combined with federal
 1158  reimbursements and state allocations, are sufficient to defray
 1159  costs of school breakfast programs without requiring allocations
 1160  from the district’s operating funds, except if the district
 1161  school board approves lower rates.
 1162         (4) Each school district is encouraged to provide
 1163  universal, free school breakfast meals to all students in each
 1164  elementary, middle, and high school. Each school district shall
 1165  approve or disapprove a policy, after receiving public testimony
 1166  concerning the proposed policy at two or more regular meetings,
 1167  which makes universal, free school breakfast meals available to
 1168  all students in each elementary, middle, and high school in
 1169  which 80 percent or more of the students are eligible for free
 1170  or reduced-price meals.
 1171         (4)(5) Each elementary, middle, and high school operating a
 1172  breakfast program shall make a breakfast meal available if a
 1173  student arrives at school on the school bus less than 15 minutes
 1174  before the first bell rings and shall allow the student at least
 1175  15 minutes to eat the breakfast.
 1176         (5) Each district school board is encouraged to provide
 1177  universal, free school breakfast meals to all students in each
 1178  elementary, middle, and high school. A universal school
 1179  breakfast program shall be implemented in each school in which
 1180  80 percent or more of the students are eligible for free or
 1181  reduced-price meals, unless the district school board, after
 1182  considering public testimony at two or more regularly scheduled
 1183  board meetings, decides to not implement such a program in such
 1184  schools.
 1185         (6) To increase school breakfast and universal school
 1186  breakfast program participation, each school district must, to
 1187  the maximum extent practicable, make breakfast meals available
 1188  to students through alternative service models as described in
 1189  publications of the Food and Nutrition Service of the United
 1190  States Department of Agriculture for the federal School
 1191  Breakfast Program.
 1192         (7)(6) Each school district school board shall annually
 1193  provide to all students in each elementary, middle, and high
 1194  school information prepared by the district’s food service
 1195  administration regarding available its school breakfast
 1196  programs. The information shall be communicated through school
 1197  announcements and written notices sent to all parents.
 1198         (8)(7) A school district school board may operate a
 1199  breakfast program providing for food preparation at the school
 1200  site or in central locations with distribution to designated
 1201  satellite schools or any combination thereof.
 1202         (8) Each sponsor shall complete all corrective action plans
 1203  required by the department or a federal agency to be in
 1204  compliance with the program.
 1205         Section 32. Section 595.406, Florida Statutes, is amended
 1206  to read:
 1207         595.406 Florida Farm to School Fresh Schools Program.—
 1208         (1) In order to implement the Florida Farm to School Fresh
 1209  Schools Program, the department shall develop policies
 1210  pertaining to school food services which encourage:
 1211         (a) Sponsors to buy fresh and high-quality foods grown in
 1212  this state when feasible.
 1213         (b) Farmers in this state to sell their products to
 1214  sponsors, school districts, and schools.
 1215         (c) Sponsors to demonstrate a preference for competitively
 1216  priced organic food products.
 1217         (d) Sponsors to make reasonable efforts to select foods
 1218  based on a preference for those that have maximum nutritional
 1219  content.
 1220         (2) The department shall provide outreach, guidance, and
 1221  training to sponsors, schools, school food service directors,
 1222  parent and teacher organizations, and students about the benefit
 1223  of fresh food products from farms in this state.
 1224         (3) The department may recognize sponsors who purchase at
 1225  least 10 percent of the food they serve from the Florida Farm to
 1226  School Program.
 1227         Section 33. Subsection (2) of section 595.407, Florida
 1228  Statutes, is amended to read:
 1229         595.407 Children’s summer nutrition program.—
 1230         (2) Each school district shall develop a plan to sponsor or
 1231  operate a summer nutrition program to operate sites in the
 1232  school district as follows:
 1233         (a) Within 5 miles of at least one elementary school that
 1234  serves any combination of grades kindergarten through 5 at which
 1235  50 percent or more of the students are eligible for free or
 1236  reduced-price school meals and for the duration of 35
 1237  consecutive days between the end of the school year and the
 1238  beginning of the next school year. School districts may exclude
 1239  holidays and weekends.
 1240         (b) Within 10 miles of each elementary school that serves
 1241  any combination of grades kindergarten through 5 at which 50
 1242  percent or more of the students are eligible for free or
 1243  reduced-price school meals, except as operated pursuant to
 1244  paragraph (a).
 1245         Section 34. Section 595.408, Florida Statutes, is amended
 1246  to read:
 1247         595.408 Food Commodity distribution services; department
 1248  responsibilities and functions.—
 1249         (1)(a) The department shall conduct, supervise, and
 1250  administer all food commodity distribution services that will be
 1251  carried on using federal or state funds, or funds from any other
 1252  source, or food commodities received and distributed from the
 1253  United States or any of its agencies.
 1254         (b) The department shall determine the benefits each
 1255  applicant or recipient of assistance is entitled to receive
 1256  under this chapter, provided that each applicant or recipient is
 1257  a resident of this state and a citizen of the United States or
 1258  is an alien lawfully admitted for permanent residence or
 1259  otherwise permanently residing in the United States under color
 1260  of law.
 1261         (2) The department shall cooperate fully with the United
 1262  States Government and its agencies and instrumentalities so that
 1263  the department may receive the benefit of all federal financial
 1264  allotments and assistance possible to carry out the purposes of
 1265  this chapter.
 1266         (3) The department may:
 1267         (a) Accept any duties with respect to food commodity
 1268  distribution services as are delegated to it by an agency of the
 1269  Federal Government or any state, county, or municipal
 1270  government.
 1271         (b) Act as agent of, or contract with, the Federal
 1272  Government, state government, or any county or municipal
 1273  government in the administration of food commodity distribution
 1274  services to secure the benefits of any public assistance that is
 1275  available from the Federal Government or any of its agencies,
 1276  and in the distribution of funds received from the Federal
 1277  Government, state government, or any county or municipal
 1278  government for food commodity distribution services within the
 1279  state.
 1280         (c) Accept from any person or organization all offers of
 1281  personal services, food commodities, or other aid or assistance.
 1282         (4) This chapter does not limit, abrogate, or abridge the
 1283  powers and duties of any other state agency.
 1284         Section 35. Section 595.501, Florida Statutes, is amended
 1285  to read:
 1286         595.501 Penalties.—
 1287         (1) If a corrective action plan is issued by the department
 1288  or a federal agency, each sponsor must complete the corrective
 1289  action plan to be in compliance with the program.
 1290         (2) Any person or, sponsor, or school district that
 1291  violates any provision of this chapter or any rule adopted
 1292  thereunder or otherwise does not comply with the program is
 1293  subject to a suspension or revocation of their agreement, loss
 1294  of reimbursement, or a financial penalty in accordance with
 1295  federal or state law or both. This section does not restrict the
 1296  applicability of any other law.
 1297         Section 36. Section 595.601, Florida Statutes, is amended
 1298  to read:
 1299         595.601 Food and Nutrition Services Trust Fund.—Chapter 99
 1300  37, Laws of Florida, recreated the Food and Nutrition Services
 1301  Trust Fund to record revenue and disbursements of Federal Food
 1302  and Nutrition funds received by the department as authorized in
 1303  ss. 595.404 and 598.408 s. 595.405.
 1304         Section 37. Paragraphs (b) and (d) of subsection (1) and
 1305  subsection (2) of section 604.21, Florida Statutes, are amended
 1306  to read:
 1307         604.21 Complaint; investigation; hearing.—
 1308         (1)
 1309         (b) To be considered timely filed, a complaint together
 1310  with any required affidavits or notarizations must be received
 1311  by the department within 6 months after the date of sale by
 1312  electronic transmission, facsimile, regular mail, certified
 1313  mail, or private delivery service. If the complaint is sent by a
 1314  service other than electronic mail or facsimile, the mailing
 1315  shall be postmarked or dated on or before the 6-month deadline
 1316  to be accepted as timely filed.
 1317         (d) A person, partnership, corporation, or other business
 1318  entity filing a complaint shall submit to the department a the
 1319  following documents: three completed complaint affidavit
 1320  affidavits on a form provided by the department which bears with
 1321  an original signature of an owner, partner, general partner, or
 1322  corporate officer and an original notarization and which is
 1323  accompanied by on each affidavit. If the complaint is filed by
 1324  electronic transmission or facsimile, the original affidavits
 1325  and original notarizations shall be filed with the department
 1326  not later than the close of business of the tenth business day
 1327  following the electronic transmission or facsimile filing.
 1328  Attached to each complaint affidavit shall be copies of all
 1329  documents that to support the complaint. Supporting documents
 1330  may include be copies of invoices, bills of lading, packing or
 1331  shipping documents, demand letters, or any other documentation
 1332  to support the claim. In cases in which there are multiple
 1333  invoices are being claimed, a summary list of all claimed
 1334  invoices must accompany the complaint.
 1335         (2) Upon the filing of a such complaint under this
 1336  subsection in the manner herein provided, the department shall
 1337  investigate the complaint and matters complained of; whereupon,
 1338  if it finds that, in the opinion of the department, the facts
 1339  contained in the complaint warrant it such action, the
 1340  department shall serve notice of the filing of complaint on to
 1341  the dealer against whom the complaint has been filed at the last
 1342  address of record. Such notice shall be accompanied by a true
 1343  copy of the complaint. A copy of such notice and complaint shall
 1344  also be served on any to the surety company, if any, that
 1345  provided the bond for the dealer, and the which surety company
 1346  shall become party to the action. Such notice of the complaint
 1347  shall inform the dealer of a reasonable time within which to
 1348  answer the complaint by advising the department in writing that
 1349  the allegations in the complaint are admitted or denied or that
 1350  the complaint has been satisfied. Such notice shall also inform
 1351  the dealer and the surety company or financial institution of a
 1352  right to request a hearing on the complaint, if requested.
 1353         Section 38. Section 604.33, Florida Statutes, is amended to
 1354  read:
 1355         604.33 Security requirements for grain dealers.—Each grain
 1356  dealer doing business in the state shall maintain liquid
 1357  security, in the form of grain on hand, cash, certificates of
 1358  deposit, or other nonvolatile security that can be liquidated in
 1359  10 days or less, or cash bonds, surety bonds, or letters of
 1360  credit, that have been assigned to the department and that are
 1361  conditioned to secure the faithful accounting for and payment to
 1362  the producers for grain stored or purchased, in an amount equal
 1363  to the value of grain which the grain dealer has received from
 1364  grain producers for which the producers have not received
 1365  payment. The bonds must be executed by the applicant as
 1366  principal and by a surety corporation authorized to transact
 1367  business in the state. The certificates of deposit and letters
 1368  of credit must be from a recognized financial institution doing
 1369  business in the United States. Each grain dealer shall report to
 1370  the department monthly, on or before a date established by rule
 1371  of the department, the value of grain she or he has received
 1372  from producers for which the producers have not received payment
 1373  and the types of transaction involved, showing the value of each
 1374  type of transaction. The report shall also include a statement
 1375  showing the type and amount of security maintained to cover the
 1376  grain dealer’s liability to producers. The department may shall
 1377  make at least one spot check annually of each grain dealer to
 1378  determine compliance with the requirements of this section.
 1379         Section 39. Section 582.03, Florida Statutes, is repealed.
 1380         Section 40. Section 582.04, Florida Statutes, is repealed.
 1381         Section 41. Section 582.05, Florida Statutes, is repealed.
 1382         Section 42. Section 582.08, Florida Statutes, is repealed.
 1383         Section 43. Section 582.09, Florida Statutes, is repealed.
 1384         Section 44. Section 582.17, Florida Statutes, is repealed.
 1385         Section 45. Section 582.21, Florida Statutes, is repealed.
 1386         Section 46. Section 582.22, Florida Statutes, is repealed.
 1387         Section 47. Section 582.23, Florida Statutes, is repealed.
 1388         Section 48. Section 582.24, Florida Statutes, is repealed.
 1389         Section 49. Section 582.25, Florida Statutes, is repealed.
 1390         Section 50. Section 582.26, Florida Statutes, is repealed.
 1391         Section 51. Section 582.331, Florida Statutes, is repealed.
 1392         Section 52. Section 582.34, Florida Statutes, is repealed.
 1393         Section 53. Section 582.35, Florida Statutes, is repealed.
 1394         Section 54. Section 582.36, Florida Statutes, is repealed.
 1395         Section 55. Section 582.37, Florida Statutes, is repealed.
 1396         Section 56. Section 582.38, Florida Statutes, is repealed.
 1397         Section 57. Section 582.39, Florida Statutes, is repealed.
 1398         Section 58. Section 582.40, Florida Statutes, is repealed.
 1399         Section 59. Section 582.41, Florida Statutes, is repealed.
 1400         Section 60. Section 582.42, Florida Statutes, is repealed.
 1401         Section 61. Section 582.43, Florida Statutes, is repealed.
 1402         Section 62. Section 582.44, Florida Statutes, is repealed.
 1403         Section 63. Section 582.45, Florida Statutes, is repealed.
 1404         Section 64. Section 582.46, Florida Statutes, is repealed.
 1405         Section 65. Section 582.47, Florida Statutes, is repealed.
 1406         Section 66. Section 582.48, Florida Statutes, is repealed.
 1407         Section 67. Section 582.49, Florida Statutes, is repealed.
 1408         Section 68. Section 589.26, Florida Statutes, is repealed.
 1409         Section 69. Except as otherwise expressly provided in this
 1410  act, this act shall take effect July 1, 2016.