Florida Senate - 2023                                    SB 1164
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01283-23                                           20231164__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; creating s. 212.0802, F.S.;
    4         authorizing farmers whose property meets certain
    5         requirements to apply to the Department of Revenue for
    6         a Florida farm tax exempt agricultural materials
    7         (TEAM) card; providing the purpose of the Florida farm
    8         TEAM card; providing that the Florida farm TEAM card
    9         is subject to certain review and expiration
   10         provisions; requiring the department to adopt rules;
   11         authorizing the Department of Agriculture and Consumer
   12         Services to take certain administrative actions
   13         regarding the Florida farm TEAM card; authorizing the
   14         Department of Revenue to adopt emergency rules;
   15         providing for the expiration of such authority;
   16         amending s. 213.053, F.S.; authorizing the Department
   17         of Revenue to make certain information available to
   18         the Department of Agriculture and Consumer Services
   19         for the purpose of administering the Florida farm TEAM
   20         card; creating s. 287.0823, F.S.; requiring by a
   21         specified date all food commodities purchased by
   22         certain state entities to be grown or produced in this
   23         state under certain circumstances; requiring such
   24         state entities to give preference to certain food
   25         commodities; authorizing certain agreements or state
   26         contracts to give preference to certain vendors;
   27         requiring the Department of Management Services to
   28         provide an annual report to the Governor, the Cabinet,
   29         and the Legislature by a specified date; providing
   30         requirements for the report; amending s. 500.03, F.S.;
   31         revising, redefining, and deleting terms; revising
   32         construction regarding the selling of food; amending
   33         s. 500.032, F.S.; requiring the Department of
   34         Agriculture and Consumer Services to administer and
   35         enforce certain provisions relating to the storage of
   36         food; amending s. 500.12, F.S.; revising the types of
   37         entities required to obtain food permits from the
   38         department; conforming provisions to changes made by
   39         the act; requiring food permits to be annually renewed
   40         in accordance with certain provisions; requiring late
   41         fees for applications not received on or before their
   42         due date; amending s. 500.121, F.S.; conforming
   43         provisions to changes made by the act; amending s.
   44         500.147, F.S.; requiring bottled water to be processed
   45         in conformance with department rule; amending s.
   46         500.172, F.S.; authorizing an agent of the department
   47         to take specified actions regarding mislabeled food;
   48         reordering and amending s. 502.012, F.S.; defining,
   49         revising, and redefining terms; amending s. 502.013,
   50         F.S.; revising the purpose of certain provisions
   51         regarding milk and milk products; amending s. 502.014,
   52         F.S.; revising the authority of the department to
   53         permit and collect samples of products for testing at
   54         certain facilities; amending s. 502.042, F.S.;
   55         deleting a provision requiring the department to
   56         periodically conduct certain shelf-life studies and to
   57         sample certain milk products; making technical
   58         changes; amending s. 502.053, F.S.; revising the milk
   59         facilities required to apply for a permit to operate;
   60         requiring operating permits for certain frozen dessert
   61         plants; deleting a requirement that frozen dessert
   62         plant permitholders submit specified reports to the
   63         department; conforming provisions to changes made by
   64         the act; amending s. 502.181, F.S.; deleting
   65         prohibitions against certain testing for milkfat
   66         content and for repasteurizing milk; amending s.
   67         502.231, F.S.; conforming a provision to changes made
   68         by the act; repealing s. 502.301, F.S., relating to
   69         the Dairy Industry Technical Council; creating s.
   70         570.161, F.S.; requiring certain licensees or permit
   71         holders to notify the department in writing of the
   72         person’s e-mail address; providing civil penalties;
   73         providing that service by e-mail constitutes adequate
   74         and sufficient notice; authorizing the department to
   75         achieve service by other specified means under certain
   76         circumstances; repealing ss. 570.23 and 570.843, F.S.,
   77         relating to the State Agricultural Advisory Council
   78         and the Florida Young Farmer and Rancher Advisory
   79         Council, respectively; amending s. 570.93, F.S.;
   80         revising the required contents of the department’s
   81         agricultural water conservation program; amending s.
   82         576.011, F.S.; defining and redefining terms;
   83         repealing ss. 581.217(14) and 585.008, F.S., relating
   84         to the Industrial Hemp Advisory Council and the Animal
   85         Industry Technical Council, respectively; amending s.
   86         586.045, F.S.; revising the timeframe during which the
   87         department is required to provide written notice and
   88         forms to beekeepers for annual certificate of
   89         registration renewals; amending s. 595.404, F.S.;
   90         requiring the department to adopt and implement an
   91         exemption, waiver, and variance process by rule for
   92         sponsors of certain school food and other nutrition
   93         programs; amending s. 597.003, F.S.; revising the
   94         powers and duties of the department regarding the
   95         regulation of aquaculture in this state; providing
   96         construction; amending s. 597.004, F.S.; deleting
   97         requirements for rules adopted by the department for
   98         aquaculture certificates of registration; deleting
   99         provisions authorizing certain alligator producers to
  100         be issued aquaculture certificates of registration;
  101         providing legislative intent; preempting to the
  102         department the regulatory and permitting authority for
  103         all aquaculture products; providing construction;
  104         revising the types of aquaculture products that may be
  105         sold by an aquaculture producer under certain
  106         circumstances; amending s. 597.005, F.S.; revising the
  107         composition and responsibilities of the Aquaculture
  108         Review Council; amending s. 599.002, F.S.; revising
  109         the composition of the Viticulture Advisory Council;
  110         amending s. 934.50, F.S.; authorizing non-law
  111         enforcement employees of the department to use drones
  112         for specified purposes; reenacting ss. 373.016(4)(a),
  113         373.223(3), and 373.701(2)(a), F.S., relating to
  114         declarations of state water policy and conditions for
  115         a permit, respectively, to incorporate the amendment
  116         made by this act to s. 500.03, F.S., in references
  117         thereto; providing an effective date.
  118          
  119  Be It Enacted by the Legislature of the State of Florida:
  120  
  121         Section 1. Section 212.0802, Florida Statutes, is created
  122  to read:
  123         212.0802 Florida Farm Tax Exempt Agricultural Materials
  124  Card.—
  125         (1)Notwithstanding any other law, a farmer whose property
  126  has been classified as agricultural pursuant to s. 193.461 or
  127  who has implemented agricultural best management practices
  128  adopted by the Department of Agriculture and Consumer Services
  129  pursuant to s. 403.067(7)(c)2. may apply to the Department of
  130  Revenue for a Florida farm tax exempt agricultural materials
  131  (TEAM) card to claim the applicable sales tax exemptions
  132  provided by s. 212.08. A farmer may present the Florida farm
  133  TEAM card to a selling dealer in lieu of a certificate or
  134  affidavit otherwise required by this chapter.
  135         (2)The Florida farm TEAM card is subject to the review and
  136  expiration provisions of s. 212.084.
  137         (3)The department shall adopt rules to administer this
  138  section. The Department of Agriculture and Consumer Services may
  139  take all actions necessary for the administration, issuance, and
  140  distribution of the Florida farm TEAM cards to farmers
  141  registered with the department.
  142         Section 2. (1)The Department of Revenue may, and all
  143  conditions are deemed met to, adopt emergency rules pursuant to
  144  s. 120.54(4), Florida Statutes, for the purpose of implementing
  145  s. 212.0802, Florida Statutes.
  146         (2)Notwithstanding any other law, emergency rules adopted
  147  pursuant to this section are effective for 6 months after
  148  adoption and may be renewed during the pendency of procedures to
  149  adopt permanent rules addressing the subject of the emergency
  150  rules.
  151         Section 3. Subsection (24) is added to section 213.053,
  152  Florida Statutes, to read:
  153         213.053 Confidentiality and information sharing.—
  154         (24) The department may make available to the Department of
  155  Agriculture and Consumer Services, exclusively for official
  156  purposes, information for the purposes of administering or
  157  issuing the Florida farm tax exempt agricultural materials card
  158  pursuant to s. 212.0802.
  159         Section 4. Section 287.0823, Florida Statutes, is created
  160  to read:
  161         287.0823Preference to commodities grown or produced in
  162  Florida.—
  163         (1)By 2025 or upon expiration of any existing food service
  164  contract, whichever is earlier, all food commodities purchased
  165  by an agency, a state university, a Florida College System
  166  institution, or any contracted food service provider thereof
  167  must be grown or produced in this state when available,
  168  practical, and feasible.
  169         (2)Notwithstanding any other provision of this section,
  170  and to the extent authorized by federal law, such state
  171  agencies, state universities, Florida College System
  172  institutions, and contracted food service providers thereof
  173  shall give preference to food commodities grown or produced in
  174  this state when purchasing food commodities, including farm
  175  products as defined in s. 823.14, produced in this state of any
  176  class, variety, or use thereof in their natural state or as
  177  processed by a farm operation or processor for the purpose of
  178  marketing such product.
  179         (3)A purchasing agreement, state term contract, or
  180  contract for the purchase of food commodities required to be
  181  awarded to the lowest responsive and responsible vendor may give
  182  preference over other vendors to an otherwise qualified vendor
  183  who agrees to fulfill the contract through the use of food
  184  commodities grown or produced in this state over other vendors,
  185  provided that the price included in the bid, proposal, or reply
  186  for the food commodities grown or produced in this state is not
  187  more than 10 percent greater than the price included in a bid,
  188  proposal, or reply for food commodities grown or produced
  189  outside of this state.
  190         (4)By November 1, 2023, and each November 1 thereafter,
  191  the department shall prepare and submit a report to the Governor
  192  and Cabinet, the President of the Senate, and the Speaker of the
  193  House of Representatives which describes the amount of food
  194  commodities grown or produced in this state which were purchased
  195  according to the requirements of this section. Any agency, state
  196  university, Florida College System institution, or contracted
  197  food service provider thereof that purchases food commodities
  198  shall cooperate with the department to provide the information
  199  required to prepare this report. The report must contain, at a
  200  minimum, all of the following information:
  201         (a) The total expenditures on, and the quantity purchased
  202  of, food commodities by each agency, state university, and
  203  Florida College System institution.
  204         (b)The total expenditures on, and the quantity purchased
  205  of, food commodities grown or produced in this state by each
  206  agency, state university, and Florida College System
  207  institution.
  208         (c) The total expenditures of each agency, state
  209  university, and Florida College System institution on food
  210  commodities grown or produced outside of this state.
  211         (d) A statement and assessment of the good faith efforts
  212  of, and any failures by, each state agency, state university, or
  213  Florida College System institution, or any contracted food
  214  service provider thereof, to comply with this section.
  215         Section 5. Paragraphs (d), (i), (p), (q), (r), and (bb) of
  216  subsection (1) and subsection (3) of section 500.03, Florida
  217  Statutes, are amended to read:
  218         500.03 Definitions; construction; applicability.—
  219         (1) For the purpose of this chapter, the term:
  220         (d) “Bottled water” means water intended for human
  221  consumption and sealed in a bottle or other container with no
  222  added ingredients, except that it may contain safe and suitable
  223  antimicrobial agents a beverage, as described in 21 C.F.R. part
  224  165 (2006), that is processed in compliance with 21 C.F.R. part
  225  129 (2006).
  226         (i) “Convenience store” means a business that is engaged
  227  primarily in the retail sale of groceries or motor fuels or
  228  special fuels and may offer food services to the public.
  229  Businesses providing motor fuel or special fuel to the public
  230  which also offer groceries or food service are included in the
  231  definition of a convenience store.
  232         (o)(p) “Food establishment” means a factory, food outlet,
  233  or other facility manufacturing, processing, packing, holding,
  234  storing, or preparing food or selling food at wholesale or
  235  retail. The term does not include a business or activity that is
  236  regulated under s. 413.051, s. 500.80, chapter 509, or chapter
  237  601. The term includes tomato packinghouses and repackers but
  238  does not include any other establishments that pack fruits and
  239  vegetables in their raw or natural states, including those
  240  fruits or vegetables that are washed, colored, or otherwise
  241  treated in their unpeeled, natural form before they are
  242  marketed.
  243         (q) “Food outlet” means any grocery store; convenience
  244  store; minor food outlet; meat, poultry, or fish and related
  245  aquatic food market; fruit or vegetable market; food warehouse;
  246  refrigerated storage facility; freezer locker; salvage food
  247  facility; or any other similar place storing or offering food
  248  for sale.
  249         (r) “Food service establishment” means any place where food
  250  is prepared and intended for individual portion service, and
  251  includes the site at which individual portions are provided. The
  252  term includes any such place regardless of whether consumption
  253  is on or off the premises and regardless of whether there is a
  254  charge for the food. The term includes delicatessens that offer
  255  prepared food in individual service portions. The term does not
  256  include schools, institutions, fraternal organizations, private
  257  homes where food is prepared or served for individual family
  258  consumption, retail food stores, the location of food vending
  259  machines, cottage food operations, and supply vehicles, nor does
  260  the term include a research and development test kitchen limited
  261  to the use of employees and which is not open to the general
  262  public.
  263         (bb) “Retail food store” means any establishment or section
  264  of an establishment where food and food products are offered to
  265  the consumer and intended for off-premises consumption. The term
  266  includes delicatessens that offer prepared food in bulk
  267  quantities only. The term does not include establishments which
  268  handle only prepackaged, nonpotentially hazardous foods;
  269  roadside markets that offer only fresh fruits and fresh
  270  vegetables for sale; food service establishments; or food and
  271  beverage vending machines.
  272         (3) For the purpose of this chapter, the selling of food
  273  includes the manufacture, production, processing, packing,
  274  exposure, offer, possession, and holding of any article of food
  275  for sale; the sale, dispensing, and giving of any article of
  276  food; and the supplying to or applying of food in the conduct of
  277  any food establishment.
  278         Section 6. Subsection (1) of section 500.032, Florida
  279  Statutes, is amended to read:
  280         500.032 Declaration of policy and cooperation among
  281  departments.—
  282         (1) The department shall administer and enforce is charged
  283  with the administration and enforcement of this chapter in order
  284  to prevent fraud, harm, adulteration, misbranding, or false
  285  advertising in the preparation, manufacture, storage, or sale of
  286  articles of food. The department shall It is further charged to
  287  enforce the provisions of this chapter relating to the
  288  production, manufacture, transportation, storage, and sale of
  289  food, as well as articles entering into, and intended for use as
  290  ingredients in the preparation of, food.
  291         Section 7. Paragraphs (a), (b), and (e) of subsection (1),
  292  subsection (2), paragraph (a) of subsection (5), and subsection
  293  (8) of section 500.12, Florida Statutes, are amended to read:
  294         500.12 Food permits; building permits.—
  295         (1)(a) A food permit from the department is required of any
  296  person who operates a food establishment or retail food store,
  297  except:
  298         1. Persons operating minor food outlets that sell food that
  299  is commercially prepackaged, not potentially hazardous, and not
  300  time or temperature controlled for safety, if the shelf space
  301  for those items does not exceed 12 total linear feet and no
  302  other food is sold by the minor food outlet.
  303         2. Persons subject to continuous, onsite federal or state
  304  inspection.
  305         3. Persons selling only legumes in the shell, either
  306  parched, roasted, or boiled.
  307         4. Persons selling sugar cane or sorghum syrup that has
  308  been boiled and bottled on a premise located within this the
  309  state. Such bottles must contain a label listing the producer’s
  310  name and street address, all added ingredients, the net weight
  311  or volume of the product, and a statement that reads, “This
  312  product has not been produced in a facility permitted by the
  313  Florida Department of Agriculture and Consumer Services.”
  314         (b) Each food establishment and retail food store regulated
  315  under this chapter must apply for and receive a food permit
  316  before operation begins. An application for a food permit from
  317  the department must be accompanied by a fee in an amount
  318  determined by department rule. The department shall adopt by
  319  rule a schedule of fees to be paid by each food establishment
  320  and retail food store as a condition of issuance or renewal of a
  321  food permit. Such fees may not exceed $650 and must shall be
  322  used solely for the recovery of costs for the services provided,
  323  except that the fee accompanying an application for a food
  324  permit for operating a bottled water plant may not exceed $1,000
  325  and the fee accompanying an application for a food permit for
  326  operating a packaged ice plant may not exceed $250. The fee for
  327  operating a bottled water plant or a packaged ice plant must
  328  shall be set by rule of the department. Food permits are not
  329  transferable from one person or physical location to another.
  330  Food permits must be renewed in accordance with subparagraphs
  331  1., 2., and 3. annually on or before January 1. If an
  332  application for renewal of a food permit is not received by the
  333  department on or before within 30 days after its due date, a
  334  late fee not exceeding $100 must be paid in addition to the food
  335  permit fee before the department may issue the food permit. The
  336  moneys collected must shall be deposited in the General
  337  Inspection Trust Fund.
  338         1.A food permit issued to a new food establishment on or
  339  after September 1, 2023, is valid for 1 calendar year after the
  340  date of issuance and must be renewed annually on or before that
  341  date thereafter.
  342         2.Beginning December 31, 2023, a food permit issued before
  343  September 1, 2023, expires on the month and day the initial
  344  permit was issued to the food establishment and must be renewed
  345  annually on or before that date thereafter.
  346         3.The owner of 100 or more permitted food establishment
  347  locations may elect to set the expiration of food permits for
  348  such establishments as December 31 of each calendar year.
  349         (e) The department is the exclusive regulatory and
  350  permitting authority for all food outlets, retail food stores,
  351  food establishments, convenience stores, and minor food outlets
  352  in accordance with this section. Application for a food permit
  353  must be made on forms provided by the department, which forms
  354  must also contain provision for application for registrations
  355  and permits issued by other state agencies and for collection of
  356  the food permit fee and any other fees associated with
  357  registration, licensing, or applicable surcharges. The details
  358  of the application must shall be prescribed by department rule.
  359         (2) When any person applies for a building permit to
  360  construct, convert, or remodel any food establishment, food
  361  outlet, or retail food store, the authority issuing such permit
  362  shall make available to the applicant a printed statement,
  363  provided by the department, regarding the applicable sanitation
  364  requirements for such establishments. A building permitting
  365  authority, or municipality or county under whose jurisdiction a
  366  building permitting authority operates, may not be held liable
  367  for a food establishment, food outlet, or retail food store that
  368  does not comply with the applicable sanitation requirements due
  369  to failure of the building permitting authority to provide the
  370  information as provided in this subsection.
  371         (a) The department shall furnish, for distribution, a
  372  statement that includes the checklist to be used by the food
  373  inspector in any preoperational inspections to assure that the
  374  food establishment is constructed and equipped to meet the
  375  applicable sanitary guidelines. Such preoperational inspection
  376  is shall be a prerequisite for obtaining a food permit in
  377  accordance with this section.
  378         (b) The department may provide assistance, when requested
  379  by the applicant, in the review of any construction or
  380  remodeling plans for food establishments. The department may
  381  charge a fee for such assistance which covers the cost of
  382  providing the assistance and which must shall be deposited in
  383  the General Inspection Trust Fund for use in funding the food
  384  safety program.
  385         (c) A building permitting authority or other subdivision of
  386  local government may not require the department to approve
  387  construction or remodeling plans for food establishments and
  388  retail food stores as a condition of any permit or license at
  389  the local level.
  390         (5) It is the intent of the Legislature to eliminate
  391  duplication of regulatory inspections of food. Regulatory and
  392  permitting authority over any food establishment is preempted to
  393  the department, except as provided in chapter 379.
  394         (a) Food establishments or retail food stores that have
  395  ancillary food service activities shall be permitted and
  396  inspected by the department.
  397         (8) A person who applies for or renews a local business tax
  398  certificate to engage in business as a food establishment or
  399  retail food store must exhibit a current food permit or an
  400  active letter of exemption from the department before the local
  401  business tax certificate may be issued or renewed.
  402         Section 8. Subsection (1) of section 500.121, Florida
  403  Statutes, is amended to read:
  404         500.121 Disciplinary procedures.—
  405         (1) In addition to the suspension procedures provided in s.
  406  500.12, if applicable, the department may impose an
  407  administrative fine in the Class II category pursuant to s.
  408  570.971 against any retail food store, food establishment, or
  409  cottage food operation that violates this chapter, which fine,
  410  when imposed and paid, must shall be deposited by the department
  411  into the General Inspection Trust Fund. The department may
  412  revoke or suspend the permit of any such retail food store or
  413  food establishment if it is satisfied that the retail food store
  414  or food establishment has:
  415         (a) Violated this chapter.
  416         (b) Violated or aided or abetted in the violation of any
  417  law of this state governing or applicable to retail food stores
  418  or food establishments or any lawful rules of the department.
  419         (c) Knowingly committed, or been a party to, any material
  420  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
  421  or device whereby another person, lawfully relying upon the
  422  word, representation, or conduct of a retail food store or food
  423  establishment, acts to her or his injury or damage.
  424         (d) Committed any act or conduct of the same or different
  425  character than that enumerated which constitutes fraudulent or
  426  dishonest dealing.
  427         Section 9. Paragraph (a) of subsection (3) of section
  428  500.147, Florida Statutes, is amended to read:
  429         500.147 Inspection of food establishments, food records,
  430  and vehicles.—
  431         (3) For bottled water plants:
  432         (a) Bottled water must be from an approved source. Bottled
  433  water must be processed in conformance with department rule 21
  434  C.F.R. part 129 (2006), and must conform to 21 C.F.R. part 165
  435  (2006). A person operating a bottled water plant is shall be
  436  responsible for all water sampling and analyses required by this
  437  chapter.
  438         Section 10. Subsection (1) of section 500.172, Florida
  439  Statutes, is amended to read:
  440         500.172 Embargoing, detaining, destroying of food, food
  441  processing equipment, or areas that are in violation.—
  442         (1) When the department, or its duly authorized agent who
  443  has received appropriate education and training regarding the
  444  legal requirements of this chapter, finds or has probable cause
  445  to believe that any food, food processing equipment, food
  446  processing area, or food storage area is in violation of this
  447  chapter or any rule adopted under this chapter so as to be
  448  dangerous, unwholesome, mislabeled, fraudulent, or insanitary
  449  within the meaning of this chapter, an agent of the department
  450  may issue and enforce a stop-sale, stop-use, removal, or hold
  451  order, which order gives notice that such article, processing
  452  equipment, processing area, or storage area is or is suspected
  453  of being in violation and has been detained or embargoed and
  454  which order warns all persons not to remove, use, or dispose of
  455  such article, processing equipment, processing area, or storage
  456  area by sale or otherwise until permission for removal, use, or
  457  disposal is given by the department or the court. A person may
  458  not remove, use, or dispose of such detained or embargoed
  459  article, processing equipment, processing area, or storage area
  460  by sale or otherwise without such permission.
  461         Section 11. Section 502.012, Florida Statutes, is reordered
  462  and amended to read:
  463         502.012 Definitions.—As used in this chapter, the term:
  464         (1) “Bulk milk hauler/sampler” means a person who collects
  465  official samples and transports raw milk from a farm or raw milk
  466  products to or from a milk plant, receiving station, or transfer
  467  station and is permitted to sample the milk products by any
  468  state regulatory agency charged with implementing the United
  469  States Food and Drug Administration’s Grade “A” program.
  470         (2) “Bulk milk pickup tanker” means a vehicle, including
  471  the truck and tank, and those appurtenances necessary for its
  472  use necessary attachments, that is used by a milk hauler to
  473  transport bulk raw milk for pasteurization, ultra
  474  pasteurization, aseptic processing and packaging, or retort
  475  processing after packaging from a dairy farm to a milk plant,
  476  receiving station, or transfer station.
  477         (3)(2) “Dairy farm” means any place or premises where one
  478  or more lactating animals, including cows, goats, sheep, water
  479  buffalo, or other hooved mammals, are kept for milking purposes,
  480  and from which a part or all of the milk is provided, sold, or
  481  offered for sale.
  482         (4)(3) “Department” means the Department of Agriculture and
  483  Consumer Services.
  484         (5)(4) “Frozen dessert” means a specific standardized
  485  frozen dessert described in 21 C.F.R. part 135, excluding part
  486  135.160 and any other food defined by rule of the department
  487  that resembles such standardized frozen dessert but does not
  488  conform to the specific description of such standardized frozen
  489  dessert in 21 C.F.R. part 135. The term includes, but is not
  490  limited to, a quiescently frozen confection, a quiescently
  491  frozen dairy confection, a frozen dietary dairy dessert, and a
  492  frozen dietary dessert.
  493         (5) “Frozen desserts manufacturer” means a person who
  494  manufactures, processes, converts, partially freezes, or freezes
  495  any mix or frozen dessert for distribution or sale.
  496         (6) “Frozen desserts plant” means any place that
  497  pasteurizes dairy products or receives raw milk for the purpose
  498  of manufacturing or processing frozen desserts location or
  499  premises at which frozen desserts or mix are manufactured,
  500  processed, or frozen for distribution or sale at wholesale.
  501         (7) “Frozen desserts retail establishment” means any
  502  location or premises, including a retail store, stand, hotel,
  503  boardinghouse, restaurant, vehicle, or mobile unit, at which
  504  frozen desserts are frozen, partially frozen, or dispensed for
  505  sale at retail.
  506         (8) “Frozen dietary dairy dessert” or “frozen dietary
  507  dessert” means a food for any special dietary use, prepared by
  508  freezing, with or without agitation, and composed of a
  509  pasteurized mix that may contain fat, protein, carbohydrates,
  510  natural or artificial sweeteners, flavoring, stabilizers,
  511  emulsifiers, vitamins, and minerals.
  512         (9) “Grade ‘A’ pasteurized milk ordinance” means the
  513  document entitled “Grade ‘A’ Pasteurized Milk Ordinance, United
  514  States Department of Health and Human Services, Public Health
  515  Service, Food and Drug Administration,” including all associated
  516  appendices, as adopted by department rule.
  517         (8)(10) “Imitation milk and imitation milk products” means
  518  those foods that have the physical characteristics, such as
  519  taste, flavor, body, texture, or appearance, of milk or milk
  520  products as defined in this chapter and the Grade “A”
  521  pasteurized milk ordinance but do not come within the definition
  522  of “milk” or “milk products” and are nutritionally inferior to
  523  the product imitated.
  524         (9)(11) “Milk” means the lacteal secretion, practically
  525  free from colostrum, obtained by the complete milking of one or
  526  more healthy cows, goats, sheep, water buffalo, or other hooved
  527  mammals.
  528         (10)(12) “Milk distributor” means any person who offers for
  529  sale or sells to another person any milk or milk product.
  530         (15)(13) “Milk products” means products made with milk that
  531  is processed in some manner, including being whipped, acidified,
  532  cultured, concentrated, lactose-reduced, or sodium-reduced or
  533  aseptically processed, or having the addition or subtraction of
  534  milkfat, the addition of safe and suitable microbial organisms,
  535  or the addition of safe and suitable optional ingredients for
  536  protein, vitamin, or mineral fortification. The term does “Milk
  537  products” do not include products such as evaporated milk,
  538  condensed milk, eggnog in a rigid metal container, dietary
  539  products, infant formula, or ice cream and other desserts.
  540         (18)(14) “Milkfat” or “butterfat” means the fat contained
  541  in milk.
  542         (11)(15) “Milk hauler” means any person who transports raw
  543  milk or raw milk products to or from a milk plant, receiving
  544  station, or transfer station.
  545         (12)(16) “Milk plant” means any place, premises, or
  546  establishment where milk or milk products are collected,
  547  handled, processed, stored, pasteurized, ultra-pasteurized,
  548  aseptically processed and packaged, retort processed after
  549  packaging, condensed, dried, packaged, bottled, or prepared for
  550  distribution.
  551         (13)(17) “Milk plant operator” means any person responsible
  552  for receiving, processing, pasteurizing, or packaging milk and
  553  milk products, or performing any other related operation.
  554         (14)(18) “Milk producer” means any person who operates a
  555  dairy farm and provides, sells, or offers for sale milk to a
  556  milk plant, receiving station, or transfer station.
  557         (16)(19) “Milk tank truck” means either a bulk milk pickup
  558  tanker or a milk transport tank.
  559         (17)(20) “Milk transport tank” means a vehicle, including
  560  the truck and tank, used by a bulk milk hauler/sampler or a milk
  561  hauler to transport bulk shipments of milk from a milk plant,
  562  receiving station, or transfer station to another milk plant,
  563  receiving station, or transfer station.
  564         (21) “Quiescently frozen confection” means a clean and
  565  wholesome frozen, sweetened, flavored product that, while being
  566  frozen, was not stirred or agitated (generally known as
  567  quiescent freezing). The confection may be acidulated with food
  568  grade acid, may contain milk solids or water, or may be made
  569  with or without added harmless pure or imitation flavoring and
  570  with or without harmless coloring. The finished product must not
  571  contain more than 0.5 percent by weight of stabilizer composed
  572  of wholesome, edible material and must not contain less than 17
  573  percent by weight of total food solids. In the production of the
  574  confection, processing or mixing before quiescent freezing that
  575  develops in the finished confection mix any physical expansion
  576  in excess of 10 percent may not be used.
  577         (22) “Quiescently frozen dairy confection” means a clean
  578  and wholesome frozen product made from water, milk products, and
  579  sugar, with added harmless pure or imitation flavoring, with or
  580  without added harmless coloring, with or without added
  581  stabilizer, or with or without added emulsifier, that, while
  582  being frozen, was not stirred or agitated (generally known as
  583  quiescent freezing). The confection must not contain less than
  584  13 percent by weight of total milk solids, less than 33 percent
  585  by weight of total food solids, more than 0.5 percent by weight
  586  of stabilizer, or more than 0.2 percent by weight of emulsifier.
  587  Stabilizer and emulsifier must be composed of wholesome, edible
  588  material. In the production of a quiescently frozen dairy
  589  confection, processing or mixing before quiescently freezing
  590  that develops in the finished confection mix any physical
  591  expansion in excess of 10 percent may not be used.
  592         (19)(23) “Raw milk” means unpasteurized unprocessed milk.
  593         (20)(24) “Receiving station” means any place, premises, or
  594  establishment where raw milk is received, collected, handled,
  595  stored, or cooled and is prepared for further transporting.
  596         (21)“Reconstituted milk or milk products” or “recombined
  597  milk or milk products” means milk or milk products that result
  598  from reconstituting or recombining milk constituents with
  599  potable water.
  600         (22)“Retail” means the sale of goods to the public for use
  601  or consumption rather than for resale.
  602         (23)(25) “Substitute milk and substitute milk products”
  603  means those foods that have the physical characteristics, such
  604  as taste, flavor, body, texture, or appearance, of milk or milk
  605  products as defined in this chapter and the Grade “A”
  606  pasteurized milk ordinance but do not come within the definition
  607  of “milk” or “milk products” and are nutritionally equivalent to
  608  the product for which they are substitutes.
  609         (24)(26) “Transfer station” means any place, premises, or
  610  establishment where milk or milk products are transferred
  611  directly from one milk tank truck to another.
  612         (25)“Ultra-pasteurization (UP)” means a process in which
  613  milk or milk product is thermally processed at or above 138
  614  degrees Celsius or 280 degrees Fahrenheit for at least 2
  615  seconds, before or after packaging, so as to produce a milk or
  616  milk product that has an extended shelf life under refrigerated
  617  conditions.
  618         (26)(27) “Washing station” means any place, premises, or
  619  establishment where milk tank trucks are cleaned and sanitized.
  620         (27)“Wholesale” means the selling of goods in quantity to
  621  be retailed by others.
  622         Section 12. Paragraph (d) of subsection (1) of section
  623  502.013, Florida Statutes, is amended to read:
  624         502.013 Purpose; intent.—
  625         (1) PURPOSE.—The purpose of this chapter is to:
  626         (d) Ensure the normal flow of fresh wholesome milk and milk
  627  products from the farmer to the consumer by uniform regulation
  628  of the shelf life of milk and milk products in this state.
  629         Section 13. Paragraph (a) of subsection (2) of section
  630  502.014, Florida Statutes, is amended to read:
  631         502.014 Powers and duties.—
  632         (2)(a) The department shall permit, conduct onsite
  633  inspections of, and collect samples for testing from all
  634  facilities engaged in the production, processing, holding, or
  635  transfer of milk and milk products dairy farms, milk plants, and
  636  frozen dessert plants and collect test samples of milk, milk
  637  products, and frozen desserts as required by this chapter.
  638         Section 14. Section 502.042, Florida Statutes, is amended
  639  to read:
  640         502.042 Labeling of shelf life.—To ensure consumers full
  641  disclosure of the date beyond which milk or milk products may no
  642  longer be offered for sale, all dairy processors must shall
  643  establish, and legibly label as prescribed by rule of the
  644  department, the maximum shelf-life period during which milk and
  645  milk products may be offered for sale. For purposes of this
  646  requirement, the term to “legibly label” means to label the
  647  package or container with conspicuous and easily readable
  648  boldfaced print or type in distinct contrast to the background,
  649  by color. The department shall periodically conduct shelf-life
  650  studies to review the keeping quality of milk and milk products
  651  and shall sample periodically the products of the dairy
  652  processors to determine if the shelf-life dating used by the
  653  processors complies with the minimum standards of quality.
  654         Section 15. Paragraphs (a) and (b) of subsection (1),
  655  paragraph (d) of subsection (3), and paragraphs (a) and (c) of
  656  subsection (4) of section 502.053, Florida Statutes, are amended
  657  to read:
  658         502.053 Permits and fees; requirements; exemptions;
  659  temporary permits.—
  660         (1) PERMITS.—
  661         (a) All facilities engaged in the production, processing,
  662  holding, or transfer of milk and milk products Each Grade “A”
  663  milk plant, whether located in the state or outside the state,
  664  and each manufacturing milk plant, milk producer, milk hauler,
  665  milk hauling service, washing station operator, milk plant
  666  operator, milk distributor, single-service-container
  667  manufacturer, receiving station, and transfer station in this
  668  the state must shall apply to the department for a permit to
  669  operate. The application must shall be on forms developed by the
  670  department.
  671         (b) Each frozen dessert plant, whether located in the state
  672  or outside the state, that manufactures frozen desserts or other
  673  products defined in this chapter and offers these products for
  674  wholesale for sale in this state must apply to the department
  675  for a permit to operate. The application must be submitted on a
  676  form forms prescribed by the department. All frozen dessert
  677  permits expire on June 30 of each year.
  678         (3) REQUIREMENTS.—
  679         (d) Each frozen dessert plant permitholder must report
  680  monthly, quarterly, semiannually, or annually, as required by
  681  the department, the number of gallons of frozen dessert or
  682  frozen dessert mix sold or manufactured by the permitholder in
  683  this state.
  684         (4) EXEMPTIONS.—
  685         (a) The following persons are shall be exempt from bulk
  686  milk hauler/sampler hauler permit requirements:
  687         1. Milk producers who transport milk or milk products only
  688  from their own dairy farms.
  689         2. Employees of a milk distributor or milk plant operator
  690  who possesses a valid permit.
  691         3. Drivers of bulk milk tank trucks between locations who
  692  do not collect milk from farms.
  693         (c)Frozen desserts retail establishments as defined in s.
  694  502.012 are exempt from this chapter.
  695         Section 16. Subsections (1) and (4) of section 502.181,
  696  Florida Statutes, are amended to read:
  697         502.181 Prohibited acts.—It is unlawful for any person in
  698  this state to:
  699         (1) Engage in the business of producing, hauling,
  700  transferring, receiving, processing, packaging, or distributing
  701  milk, milk products, or frozen desserts or operating a washing
  702  station, manufacturing single-service containers, or
  703  manufacturing imitation or substitute milk or milk products, or
  704  testing for milkfat content, without first obtaining a permit or
  705  license from the department.
  706         (4) Repasteurize milk.
  707         Section 17. Paragraph (b) of subsection (1) of section
  708  502.231, Florida Statutes, is amended to read:
  709         502.231 Penalty and injunction.—
  710         (1) The department may enter an order imposing one or more
  711  of the following penalties against any person who violates any
  712  provision of this chapter:
  713         (b) Imposition of an administrative fine:
  714         1. In the Class II category pursuant to s. 570.971 for each
  715  violation in the case of a frozen dessert licensee; or
  716         2. Ten percent of the license fee or $100, whichever is
  717  greater, for failure to report the information described in s.
  718  502.053(3)(d); or
  719         3. In the Class I category pursuant to s. 570.971 for each
  720  occurrence for any other violation.
  721  
  722  When imposing a fine under this paragraph, the department must
  723  consider the degree and extent of harm caused by the violation,
  724  the cost of rectifying the damage, the benefit to the violator,
  725  whether the violation was committed willfully, and the
  726  violator’s compliance record.
  727         Section 18. Section 502.301, Florida Statutes, is repealed.
  728         Section 19. Section 570.161, Florida Statutes, is created
  729  to read:
  730         570.161 E-mail address of record.—
  731         (1) In addition to any other requirement set forth in law,
  732  each person licensed or permitted by the department shall notify
  733  the department in writing of the person’s e-mail address. The
  734  failure to notify the department of a change in any e-mail
  735  address provided to the department constitutes a violation of
  736  this section and may be subject to the penalties provided in s.
  737  570.971(3).
  738         (2)(a) Notwithstanding any other provision of law, service
  739  by e-mail to a person’s e-mail address of record constitutes
  740  adequate and sufficient notice when required by law, except when
  741  other service is required pursuant to s. 120.60.
  742         (b) If the department receives notification that service by
  743  e-mail, as authorized by this section, has failed, the
  744  department may provide notice to the person by calling the
  745  person’s last known telephone number of record, mailing the
  746  notice to the last known address, or posting a short, plain
  747  notice to the person on the department’s website.
  748         Section 20. Section 570.23, Florida Statutes, is repealed.
  749         Section 21. Section 570.843, Florida Statutes, is repealed.
  750         Section 22. Upon the expiration and reversion of the
  751  amendment made to section 570.93, Florida Statutes, pursuant to
  752  section 63 of chapter 2022-157, Laws of Florida, paragraph (a)
  753  of subsection (1) of section 570.93, Florida Statutes, is
  754  amended to read:
  755         570.93 Department of Agriculture and Consumer Services;
  756  agricultural water conservation and agricultural water supply
  757  planning.—
  758         (1) The department shall establish an agricultural water
  759  conservation program that includes the following:
  760         (a) A cost-share program, coordinated where appropriate
  761  with the United States Department of Agriculture and other
  762  federal, state, regional, and local agencies, when appropriate,
  763  for irrigation system retrofit and application of mobile
  764  irrigation laboratory evaluations, and for water conservation as
  765  provided in this section and, where applicable, for water
  766  quality improvement pursuant to s. 403.067(7)(c).
  767         Section 23. Present subsections (8) through (13) and (14)
  768  through (44) of section 576.011, Florida Statutes, are
  769  redesignated as subsections (9) through (14) and (16) through
  770  (46), respectively, new subsections (8) and (15) are added to
  771  that section, and present subsections (15), (19), and (36) of
  772  that section are amended, to read:
  773         576.011 Definitions.—When used in this chapter, the term:
  774         (8)“Controlled release fertilizers” means a slow release
  775  fertilizer engineered to provide nutrients over time at a
  776  predictable rate under specified conditions.
  777         (15)“Fertilizer material” means a fertilizer that meets
  778  one of the following requirements:
  779         (a)Contains important quantities of no more than one of
  780  the primary nutrients: nitrogen (N), phosphate (P2O5), and potash
  781  (K2O).
  782         (b)Has 85 percent or more of its plant nutrient content
  783  present in the form of a single chemical compound.
  784         (c)Is derived from a plant or an animal residue or
  785  byproduct or a natural material deposit that has been processed
  786  in such a way that its content of plant nutrients has not been
  787  materially changed except by purification and concentration.
  788         (17)(15) “Grade” means the percentages in fertilizer of
  789  total nitrogen expressed as N, available phosphorus expressed as
  790  P2O5, and soluble potassium expressed as K2O, stated in whole
  791  numbers in the same terms, order, and percentages as in the
  792  guaranteed analysis. However, specialty fertilizer may be
  793  guaranteed in fractional units of less than 1 percent of total
  794  nitrogen, available phosphate, and soluble potash. Fertilizer
  795  materials, bone meal, manures, and similar materials may be
  796  guaranteed in fractional units in that order.
  797         (21)(19) “Labeling” means all labels and other written,
  798  printed, or graphic matters upon an article or any of its
  799  containers or wrappers, or accompanying such article.
  800         (38)(36) “Slow or controlled release fertilizer” means a
  801  fertilizer in a form that releases, or converts to a plant
  802  available form, plant nutrients at a slower rate relative to an
  803  appropriate reference soluble product containing a plant
  804  nutrient in a form which delays its availability for plant
  805  uptake and use after application, or which extends its
  806  availability to the plant significantly longer than a reference
  807  “rapidly available nutrient fertilizer,” such as ammonium
  808  nitrate or urea, ammonium phosphate, or potassium chloride.
  809         Section 24. Subsection (14) of section 581.217, Florida
  810  Statutes, is repealed.
  811         Section 25. Section 585.008, Florida Statutes, is repealed.
  812         Section 26. Subsection (4) of section 586.045, Florida
  813  Statutes, is amended to read:
  814         586.045 Certificates of registration and inspection.—
  815         (4) The department shall provide to each person subject to
  816  this section written notice and renewal forms at least 30 60
  817  days before prior to the annual renewal date informing the
  818  person of the certificate of registration renewal date and the
  819  application fee.
  820         Section 27. Subsection (16) is added to section 595.404,
  821  Florida Statutes, to read:
  822         595.404 School food and other nutrition programs; powers
  823  and duties of the department.—The department has the following
  824  powers and duties:
  825         (16) To adopt and implement an exemption, waiver, and
  826  variance process by rule, as required by federal regulations,
  827  for sponsors under the programs implemented pursuant to this
  828  chapter, notwithstanding s. 120.542.
  829         Section 28. Section 597.003, Florida Statutes, is amended
  830  to read:
  831         597.003 Powers and duties of Department of Agriculture and
  832  Consumer Services.—
  833         (1) The department is hereby designated as the lead agency
  834  in regulating and encouraging the development of aquaculture in
  835  this the state and has shall have and shall exercise the
  836  following functions, powers, and duties with regard to
  837  aquaculture:
  838         (a) Issue or deny aquaculture certificates that identify
  839  aquaculture producers and aquaculture products, and collect all
  840  related fees. The department may revoke an aquaculture
  841  certificate of registration issued pursuant to s. 597.004 upon a
  842  finding that aquaculture is not the primary purpose of the
  843  certified entity’s operation.
  844         (b) Coordinate the development, annual revision, and
  845  implementation of a state aquaculture plan. The plan must shall
  846  include prioritized recommendations for research and development
  847  as suggested by the Aquaculture Review Council and public and
  848  private institutional research, extension, and service programs.
  849         (c) Develop memoranda of agreement, as needed, with the
  850  Department of Environmental Protection, the Fish and Wildlife
  851  Conservation Commission, the Florida Sea Grant Program, and
  852  other groups as provided in the state aquaculture plan.
  853         (d) Provide staff for the Aquaculture Review Council.
  854         (e) Forward the annually revised state aquaculture plan to
  855  the commissioner and to the chairs of the House Committee on
  856  Agriculture and Consumer Services and the Senate Committee on
  857  Agriculture 1 month before prior to submission of the
  858  department’s legislative budget request to the Governor.
  859         (f) Upon the appropriation of funds by the Legislature,
  860  submit the list of research and development projects proposed to
  861  be funded through the department as identified in the state
  862  aquaculture plan, along with the department’s legislative budget
  863  request to the Governor, the President of the Senate, and the
  864  Speaker of the House of Representatives. If funded, These
  865  projects must shall be contracted for by the Division of
  866  Aquaculture and must shall require public-private partnerships,
  867  when appropriate. The contracts must shall require a percentage
  868  of the profit generated by the project to be deposited into the
  869  General Inspection Trust Fund solely for funding aquaculture
  870  projects recommended by the Aquaculture Review Council.
  871         (g) Provide developmental assistance to the various sectors
  872  of the aquaculture industry as determined in the state
  873  aquaculture plan.
  874         (h) Assist persons seeking to engage in aquaculture when
  875  applying for the necessary permits and serve as ombudsman to
  876  resolve complaints or otherwise resolve problems arising between
  877  aquaculture producers and regulatory agencies.
  878         (i) Develop and propose to the Legislature legislation
  879  necessary to implement the state aquaculture plan or to
  880  otherwise encourage the development of aquaculture in this the
  881  state.
  882         (j) Issue or deny any license or permit authorized or
  883  delegated to the department by the Legislature or through
  884  memorandum of understanding with other state or federal agencies
  885  that furthers the intent of the Legislature to place the
  886  regulation of aquaculture in the department.
  887         (k) Make available state lands and the water column for the
  888  purpose of producing aquaculture products when the aquaculture
  889  activity is compatible with state resource management goals,
  890  environmental protection, and proprietary interest and when such
  891  state lands and waters are determined to be suitable for
  892  aquaculture development by the Board of Trustees of the Internal
  893  Improvement Trust Fund pursuant to s. 253.68; provide training
  894  as necessary to lessees; and be responsible for all saltwater
  895  aquaculture activities located on sovereignty submerged land or
  896  in the water column above such land and adjacent facilities
  897  directly related to the aquaculture activity.
  898         1. The department shall act in cooperation with other state
  899  and local agencies and programs to identify and designate
  900  sovereignty lands and waters that would be suitable for
  901  aquaculture development.
  902         2. The department shall identify and evaluate specific
  903  tracts of sovereignty submerged lands and water columns in
  904  various areas of the state to determine where such lands and
  905  waters are suitable for leasing for aquaculture purposes.
  906  Nothing in This subparagraph or subparagraph 1. does not shall
  907  preclude the applicant from applying for sites identified by the
  908  applicant.
  909         3. The department shall provide assistance in developing
  910  technologies applicable to aquaculture activities, evaluate
  911  practicable production alternatives, and provide agreements to
  912  develop innovative culture practices.
  913         (l) Act as a clearinghouse for aquaculture applications,
  914  and act as a liaison between the Fish and Wildlife Conservation
  915  Commission, the Division of State Lands, the Department of
  916  Environmental Protection district offices, other divisions
  917  within the Department of Environmental Protection, and the water
  918  management districts. The Department of Agriculture and Consumer
  919  Services is shall be responsible for regulating marine
  920  aquaculture producers, except as specifically provided herein.
  921         (2) The specific delegation of authority granted under
  922  subsection (1) is intended to place responsibility and may not
  923  be construed so as to prevent the respective state agencies from
  924  cooperating with each other by exchanging information and
  925  providing copies of reports when deemed advisable.
  926         (3) The department may employ such persons as are necessary
  927  to perform its duties under this chapter.
  928         Section 29. Present subsections (3) through (6) of section
  929  597.004, Florida Statutes, are redesignated as subsections (4)
  930  through (7), respectively, a new subsection (3) is added to that
  931  section, and paragraphs (b) and (g) of subsection (2), present
  932  subsection (3), and paragraph (a) of present subsection (5) of
  933  that section are amended, to read:
  934         597.004 Aquaculture certificate of registration.—
  935         (2) RULES.—
  936         (b) Rules adopted pursuant to this subsection shall become
  937  effective pursuant to the applicable provisions of chapter 120,
  938  but must be submitted to the President of the Senate and the
  939  Speaker of the House of Representatives for review by the
  940  Legislature. The rules shall be referred to the appropriate
  941  committees of substance and scheduled for review during the
  942  first available regular session following adoption. Except as
  943  otherwise provided by operation of law, such rules shall remain
  944  in effect until rejected or modified by act of the Legislature.
  945         (g) Any alligator producer with an alligator farming
  946  license and permit to establish and operate an alligator farm
  947  shall be issued an aquaculture certificate of registration
  948  pursuant to this section. This chapter does not supersede the
  949  authority under chapter 379 to regulate alligator farms and
  950  alligator farmers.
  951         (3)INSPECTIONS OF AQUACULTURE PRODUCTS.—The Legislature
  952  intends to eliminate duplication of regulatory inspections of
  953  aquaculture products. The regulatory and permitting authority
  954  over all aquaculture products as defined in s. 597.0015 is
  955  preempted to the department.
  956         (a)Shellfish processing facilities are licensed pursuant
  957  to s. 597.020.
  958         (b)Facilities operated by state agencies, local
  959  governments, educational institutions, research institutions, or
  960  restoration organizations which maintain aquaculture products
  961  for educational, scientific, demonstration, experimental, or
  962  restoration activities related to aquaculture are licensed
  963  pursuant to this section.
  964         (c)Facilities culturing crocodilians of the order
  965  Crocodilia are dually regulated by the department and the Fish
  966  and Wildlife Conservation Commission. Any alligator producer
  967  issued an aquaculture certificate of registration pursuant to
  968  this section must also maintain an alligator farming license
  969  from the Fish and Wildlife Conservation Commission. This chapter
  970  does not supersede the authority under chapter 379 to regulate
  971  alligator farms and alligator farmers.
  972         (4)(3) FEES.—Effective July 1, 1997, All fees collected
  973  pursuant to this section shall be deposited into the General
  974  Inspection Trust Fund in the Department of Agriculture and
  975  Consumer Services.
  976         (6)(5) SALE OF AQUACULTURE PRODUCTS.—
  977         (a) Aquaculture products, except shellfish, snook, and any
  978  fish of the genus Micropterus, excluding Micropterus salmoides
  979  floridanus, and prohibited and restricted nonnative freshwater
  980  and marine species identified in the Aquaculture Best Management
  981  Practices manual by rules of the Fish and Wildlife Conservation
  982  Commission, may be sold by an aquaculture producer certified
  983  pursuant to this section or by a dealer licensed pursuant to
  984  part VII of chapter 379 without restriction so long as the
  985  product origin can be identified.
  986         Section 30. Subsection (1) and paragraph (c) of subsection
  987  (3) of section 597.005, Florida Statutes, are amended, and
  988  paragraph (e) of subsection (3) of that section is reenacted, to
  989  read:
  990         597.005 Aquaculture Review Council.—
  991         (1) COMPOSITION.—There is created within the department the
  992  Aquaculture Review Council to consist of eight members as
  993  follows: the chair of the State Agricultural Advisory Council or
  994  designee and seven additional members to be appointed by the
  995  commissioner, including an alligator farmer, a food fish farmer,
  996  a shellfish farmer, a tropical fish farmer, an aquatic plant
  997  farmer, a representative of the commercial fishing industry, and
  998  a representative of the aquaculture industry at large. Members
  999  shall be appointed for 4-year terms. Each member shall be
 1000  selected from no fewer than two or more than three nominees
 1001  submitted by recognized statewide organizations representing
 1002  each industry segment or the aquaculture industry at large. In
 1003  the absence of nominees, the commissioner shall appoint persons
 1004  who otherwise meet the qualifications for appointment to the
 1005  council. Members shall serve until their successors are duly
 1006  qualified and appointed. An appointment to fill a vacancy shall
 1007  be for the unexpired portion of the term.
 1008         (3) RESPONSIBILITIES.—The primary responsibilities of the
 1009  Aquaculture Review Council are to:
 1010         (c) Submit to the commissioner on an annual basis:
 1011         1. Upon the appropriation of funds by the Legislature, a
 1012  prioritized list of research projects to be funded by the
 1013  department included in the department’s legislative budget
 1014  request. Each year, the council shall review the aquaculture
 1015  legislative budget requests submitted to the department and rank
 1016  them according to the state aquaculture plan.
 1017         2. Recommendations to be forwarded to the Speaker of the
 1018  House of Representatives and the President of the Senate on
 1019  legislation needed to help the aquaculture industry.
 1020         3. Recommendations on aquaculture projects, activities,
 1021  research, and regulation and other needs to further the
 1022  development of the aquaculture industry.
 1023         (e) Assist the department in carrying out duties identified
 1024  in s. 597.003 by studying aquaculture issues and making
 1025  recommendations for regulating and permitting aquaculture and in
 1026  the development, revision, and implementation of the state
 1027  aquaculture plan.
 1028         Section 31. Subsection (1) of section 599.002, Florida
 1029  Statutes, is amended to read:
 1030         599.002 Viticulture Advisory Council.—
 1031         (1) There is created within the Department of Agriculture
 1032  and Consumer Services the Viticulture Advisory Council, to
 1033  consist of eight members as follows: the president of the
 1034  Florida Grape Growers’ Association or a designee thereof; the
 1035  viticulture representative of the State Agricultural Advisory
 1036  Council; a representative from the Institute of Food and
 1037  Agricultural Sciences; a representative from the viticultural
 1038  science program at Florida Agricultural and Mechanical
 1039  University; and five four additional commercial members, to be
 1040  appointed for a 2-year term each by the Commissioner of
 1041  Agriculture, including a wine producer, a fresh fruit producer,
 1042  a nonwine product (juice, jelly, pie fillings, etc.) producer,
 1043  and a viticultural nursery operator.
 1044         Section 32. Paragraph (q) is added to subsection (4) of
 1045  section 934.50, Florida Statutes, to read:
 1046         934.50 Searches and seizure using a drone.—
 1047         (4) EXCEPTIONS.—This section does not prohibit the use of a
 1048  drone:
 1049         (q) By a non-law enforcement employee of the Department of
 1050  Agriculture and Consumer Services for activities for the
 1051  purposes of managing and eradicating plant or animal diseases.
 1052         Section 33. For the purpose of incorporating the amendment
 1053  made by this act to section 500.03, Florida Statutes, in a
 1054  reference thereto, paragraph (a) of subsection (4) of section
 1055  373.016, Florida Statutes, is reenacted to read:
 1056         373.016 Declaration of policy.—
 1057         (4)(a) Because water constitutes a public resource
 1058  benefiting the entire state, it is the policy of the Legislature
 1059  that the waters in the state be managed on a state and regional
 1060  basis. Consistent with this directive, the Legislature
 1061  recognizes the need to allocate water throughout the state so as
 1062  to meet all reasonable-beneficial uses. However, the Legislature
 1063  acknowledges that such allocations have in the past adversely
 1064  affected the water resources of certain areas in this state. To
 1065  protect such water resources and to meet the current and future
 1066  needs of those areas with abundant water, the Legislature
 1067  directs the department and the water management districts to
 1068  encourage the use of water from sources nearest the area of use
 1069  or application whenever practicable. Such sources shall include
 1070  all naturally occurring water sources and all alternative water
 1071  sources, including, but not limited to, desalination,
 1072  conservation, reuse of nonpotable reclaimed water and
 1073  stormwater, and aquifer storage and recovery. Reuse of potable
 1074  reclaimed water and stormwater shall not be subject to the
 1075  evaluation described in s. 373.223(3)(a)-(g). However, this
 1076  directive to encourage the use of water, whenever practicable,
 1077  from sources nearest the area of use or application shall not
 1078  apply to the transport and direct and indirect use of water
 1079  within the area encompassed by the Central and Southern Florida
 1080  Flood Control Project, nor shall it apply anywhere in the state
 1081  to the transport and use of water supplied exclusively for
 1082  bottled water as defined in s. 500.03(1)(d), nor shall it apply
 1083  to the transport and use of reclaimed water for electrical power
 1084  production by an electric utility as defined in s. 366.02(4).
 1085         Section 34. For the purpose of incorporating the amendment
 1086  made by this act to section 500.03, Florida Statutes, in a
 1087  reference thereto, subsection (3) of section 373.223, Florida
 1088  Statutes, is reenacted to read:
 1089         373.223 Conditions for a permit.—
 1090         (3) Except for the transport and use of water supplied by
 1091  the Central and Southern Florida Flood Control Project, and
 1092  anywhere in the state when the transport and use of water is
 1093  supplied exclusively for bottled water as defined in s.
 1094  500.03(1)(d), any water use permit applications pending as of
 1095  April 1, 1998, with the Northwest Florida Water Management
 1096  District and self-suppliers of water for which the proposed
 1097  water source and area of use or application are located on
 1098  contiguous private properties, when evaluating whether a
 1099  potential transport and use of ground or surface water across
 1100  county boundaries is consistent with the public interest,
 1101  pursuant to paragraph (1)(c), the governing board or department
 1102  shall consider:
 1103         (a) The proximity of the proposed water source to the area
 1104  of use or application.
 1105         (b) All impoundments, streams, groundwater sources, or
 1106  watercourses that are geographically closer to the area of use
 1107  or application than the proposed source, and that are
 1108  technically and economically feasible for the proposed transport
 1109  and use.
 1110         (c) All economically and technically feasible alternatives
 1111  to the proposed source, including, but not limited to,
 1112  desalination, conservation, reuse of nonpotable reclaimed water
 1113  and stormwater, and aquifer storage and recovery.
 1114         (d) The potential environmental impacts that may result
 1115  from the transport and use of water from the proposed source,
 1116  and the potential environmental impacts that may result from use
 1117  of the other water sources identified in paragraphs (b) and (c).
 1118         (e) Whether existing and reasonably anticipated sources of
 1119  water and conservation efforts are adequate to supply water for
 1120  existing legal uses and reasonably anticipated future needs of
 1121  the water supply planning region in which the proposed water
 1122  source is located.
 1123         (f) Consultations with local governments affected by the
 1124  proposed transport and use.
 1125         (g) The value of the existing capital investment in water
 1126  related infrastructure made by the applicant.
 1127  
 1128  Where districtwide water supply assessments and regional water
 1129  supply plans have been prepared pursuant to ss. 373.036 and
 1130  373.709, the governing board or the department shall use the
 1131  applicable plans and assessments as the basis for its
 1132  consideration of the applicable factors in this subsection.
 1133         Section 35. For the purpose of incorporating the amendment
 1134  made by this act to section 500.03, Florida Statutes, in a
 1135  reference thereto, paragraph (a) of subsection (2) of section
 1136  373.701, Florida Statutes, is reenacted to read:
 1137         373.701 Declaration of policy.—It is declared to be the
 1138  policy of the Legislature:
 1139         (2)(a) Because water constitutes a public resource
 1140  benefiting the entire state, it is the policy of the Legislature
 1141  that the waters in the state be managed on a state and regional
 1142  basis. Consistent with this directive, the Legislature
 1143  recognizes the need to allocate water throughout the state so as
 1144  to meet all reasonable-beneficial uses. However, the Legislature
 1145  acknowledges that such allocations have in the past adversely
 1146  affected the water resources of certain areas in this state. To
 1147  protect such water resources and to meet the current and future
 1148  needs of those areas with abundant water, the Legislature
 1149  directs the department and the water management districts to
 1150  encourage the use of water from sources nearest the area of use
 1151  or application whenever practicable. Such sources shall include
 1152  all naturally occurring water sources and all alternative water
 1153  sources, including, but not limited to, desalination,
 1154  conservation, reuse of nonpotable reclaimed water and
 1155  stormwater, and aquifer storage and recovery. Reuse of potable
 1156  reclaimed water and stormwater shall not be subject to the
 1157  evaluation described in s. 373.223(3)(a)-(g). However, this
 1158  directive to encourage the use of water, whenever practicable,
 1159  from sources nearest the area of use or application shall not
 1160  apply to the transport and direct and indirect use of water
 1161  within the area encompassed by the Central and Southern Florida
 1162  Flood Control Project, nor shall it apply anywhere in the state
 1163  to the transport and use of water supplied exclusively for
 1164  bottled water as defined in s. 500.03(1)(d), nor shall it apply
 1165  to the transport and use of reclaimed water for electrical power
 1166  production by an electric utility as defined in s. 366.02(4).
 1167         Section 36. This act shall take effect July 1, 2023.