Florida Senate - 2023                      CS for CS for SB 1164
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Agriculture, Environment, and General Government; and Senator
       Collins
       
       
       
       594-04096-23                                          20231164c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 212.08, 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 of Revenue to
   11         adopt rules; authorizing the Department of Agriculture
   12         and Consumer Services to take certain administrative
   13         actions regarding the Florida farm TEAM card;
   14         requiring the Department of Revenue to accept Florida
   15         farm TEAM card applications beginning on a specified
   16         date; authorizing the Department of Revenue to adopt
   17         emergency rules; providing for the expiration of such
   18         authority; amending s. 213.053, F.S.; authorizing the
   19         Department of Revenue to make certain information
   20         available to the Department of Agriculture and
   21         Consumer Services for the purpose of administering the
   22         Florida farm TEAM card; creating s. 287.0823, F.S.;
   23         requiring by a specified date all food commodities
   24         purchased by certain state entities to be grown or
   25         produced in this state under certain circumstances;
   26         requiring such state entities to give preference to
   27         certain food commodities; authorizing certain
   28         competitive solicitations to give preference to
   29         certain vendors under certain circumstances; requiring
   30         the Department of Management Services to provide a
   31         biennial report to the Governor, the Cabinet, and the
   32         Legislature by a specified date; requiring the
   33         department to adopt by rule a specified form;
   34         requiring certain state entities to submit the form to
   35         the department biennially by a specified date;
   36         providing requirements for the report; amending s.
   37         500.03, F.S.; revising and deleting terms; revising
   38         construction regarding the selling of food; amending
   39         s. 500.032, F.S.; requiring the Department of
   40         Agriculture and Consumer Services to administer and
   41         enforce certain provisions relating to the storage of
   42         food; amending s. 500.12, F.S.; revising the types of
   43         entities required to obtain food permits from the
   44         department; conforming provisions to changes made by
   45         the act; requiring food permits to be annually renewed
   46         in accordance with certain provisions; authorizing the
   47         department to charge a prorated permit fee for
   48         specified purposes; requiring late fees for
   49         applications not received on or before their due date;
   50         amending s. 500.121, F.S.; conforming provisions to
   51         changes made by the act; amending s. 500.147, F.S.;
   52         requiring bottled water to be processed in conformance
   53         with department rule; amending s. 500.172, F.S.;
   54         authorizing an agent of the department to take
   55         specified actions regarding mislabeled food;
   56         reordering and amending s. 502.012, F.S.; defining,
   57         revising, and redefining terms; amending s. 502.013,
   58         F.S.; revising the purpose of certain provisions
   59         regarding milk and milk products; amending s. 502.014,
   60         F.S.; revising the authority of the department to
   61         permit and collect samples of products for testing at
   62         certain facilities; amending s. 502.042, F.S.;
   63         deleting a provision requiring the department to
   64         periodically conduct certain shelf-life studies and to
   65         sample certain milk products; making technical
   66         changes; amending s. 502.053, F.S.; revising the milk
   67         facilities required to apply for a permit to operate;
   68         requiring operating permits for certain frozen dessert
   69         plants; deleting a requirement that frozen dessert
   70         plant permitholders submit specified reports to the
   71         department; conforming provisions to changes made by
   72         the act; amending s. 502.181, F.S.; deleting
   73         prohibitions against certain testing for milkfat
   74         content and for repasteurizing milk; amending s.
   75         502.231, F.S.; conforming a provision to changes made
   76         by the act; repealing s. 502.301, F.S., relating to
   77         the Dairy Industry Technical Council; creating s.
   78         570.161, F.S.; requiring certain licensees or permit
   79         holders to notify the department in writing of the
   80         person’s e-mail address; providing civil penalties;
   81         providing that service by e-mail constitutes adequate
   82         and sufficient notice; authorizing the department to
   83         achieve service by other specified means under certain
   84         circumstances; repealing s. 570.23, F.S., relating to
   85         the State Agricultural Advisory Council; amending s.
   86         570.71, F.S.; requiring the department to submit
   87         specified conservation easement purchase agreements to
   88         the Board of Trustees of the Internal Improvement
   89         Trust Fund for approval; amending s. 570.715, F.S.;
   90         increasing the estimated value threshold for the
   91         appraisal of specified conservation easement
   92         acquisitions; repealing s. 570.843, F.S., relating to
   93         the Florida Young Farmer and Rancher Advisory Council;
   94         amending s. 570.93, F.S.; revising the required
   95         contents of the department’s agricultural water
   96         conservation program; amending s. 576.011, F.S.;
   97         defining and redefining terms; repealing ss.
   98         581.217(14) and 585.008, F.S., relating to the
   99         Industrial Hemp Advisory Council and the Animal
  100         Industry Technical Council, respectively; amending s.
  101         586.045, F.S.; revising the timeframe during which the
  102         department is required to provide written notice and
  103         forms to beekeepers for annual certificate of
  104         registration renewals; amending s. 595.404, F.S.;
  105         requiring the department to adopt and implement an
  106         exemption, waiver, and variance process by rule for
  107         sponsors of certain school food and other nutrition
  108         programs; amending s. 597.003, F.S.; revising the
  109         powers and duties of the department regarding the
  110         regulation of aquaculture in this state; providing
  111         construction; amending s. 597.004, F.S.; deleting
  112         requirements for rules adopted by the department for
  113         aquaculture certificates of registration; deleting
  114         provisions authorizing certain alligator producers to
  115         be issued aquaculture certificates of registration;
  116         providing legislative intent; preempting to the
  117         department the regulatory and permitting authority for
  118         all aquaculture products; providing construction;
  119         revising the types of aquaculture products that may be
  120         sold by an aquaculture producer under certain
  121         circumstances; amending s. 597.005, F.S.; revising the
  122         composition and responsibilities of the Aquaculture
  123         Review Council; amending s. 599.002, F.S.; revising
  124         the composition of the Viticulture Advisory Council;
  125         amending s. 934.50, F.S.; authorizing non-law
  126         enforcement employees of the department to use drones
  127         for specified purposes; amending s. 259.105, F.S.;
  128         conforming cross-references; reenacting ss.
  129         373.016(4)(a), 373.223(3), and 373.701(2)(a), F.S.,
  130         relating to declarations of state water policy and
  131         conditions for a permit, respectively, to incorporate
  132         the amendment made by this act to s. 500.03, F.S., in
  133         references thereto; providing an appropriation;
  134         providing an effective date.
  135          
  136  Be It Enacted by the Legislature of the State of Florida:
  137  
  138         Section 1. Subsection (19) is added to section 212.08,
  139  Florida Statutes, to read:
  140         212.08 Sales, rental, use, consumption, distribution, and
  141  storage tax; specified exemptions.—The sale at retail, the
  142  rental, the use, the consumption, the distribution, and the
  143  storage to be used or consumed in this state of the following
  144  are hereby specifically exempt from the tax imposed by this
  145  chapter.
  146         (19) FLORIDA FARM TEAM CARD.—
  147         (a) Notwithstanding any other law, a farmer whose property
  148  has been classified as agricultural pursuant to s. 193.461 or
  149  who has implemented agricultural best management practices
  150  adopted by the Department of Agriculture and Consumer Services
  151  pursuant to s. 403.067(7)(c)2. may apply to the department for a
  152  Florida farm tax exempt agricultural materials (TEAM) card to
  153  claim the applicable sales tax exemptions provided in this
  154  section. A farmer may present the Florida farm TEAM card to a
  155  selling dealer in lieu of a certificate or affidavit otherwise
  156  required by this chapter.
  157         (b) The Florida farm TEAM card is subject to the review and
  158  expiration provisions of s. 212.084. The department shall adopt
  159  rules to administer this subsection. The Department of
  160  Agriculture and Consumer Services may take all actions necessary
  161  for the administration, issuance, and distribution of the
  162  Florida farm TEAM cards to farmers registered with the
  163  department.
  164         (c) For items purchased tax exempt pursuant to this
  165  subsection, proof of acceptance by a selling dealer of a Florida
  166  farm TEAM card from a purchaser relieves the selling dealer of
  167  the responsibility of collecting the tax on the sale of such
  168  items, and the department shall look solely to the purchaser for
  169  recovery of the tax if it determines that the purchaser was not
  170  entitled to the exemption.
  171         (d) The Department of Revenue shall accept Florida farm
  172  TEAM card applications beginning on January 1, 2024.
  173         Section 2. (1) The Department of Revenue may, and all
  174  conditions are deemed met to, adopt emergency rules pursuant to
  175  s. 120.54(4), Florida Statutes, for the purpose of implementing
  176  s. 212.08(19), Florida Statutes.
  177         (2) Notwithstanding any other law, emergency rules adopted
  178  pursuant to this section are effective for 6 months after
  179  adoption and may be renewed during the pendency of procedures to
  180  adopt permanent rules addressing the subject of the emergency
  181  rules.
  182         Section 3. Subsection (24) is added to section 213.053,
  183  Florida Statutes, to read:
  184         213.053 Confidentiality and information sharing.—
  185         (24) The department may make available to the Department of
  186  Agriculture and Consumer Services, exclusively for official
  187  purposes, information for the purposes of administering or
  188  issuing the Florida farm TEAM card pursuant to s. 212.08(19).
  189         Section 4. Section 287.0823, Florida Statutes, is created
  190  to read:
  191         287.0823 Preference to commodities grown or produced in
  192  Florida.—
  193         (1) By 2025 or upon expiration of any existing food service
  194  contract, whichever is earlier, all food commodities purchased
  195  by an agency, a state university, a Florida College System
  196  institution, or any contracted food service provider thereof
  197  must be grown or produced in this state when available,
  198  practical, and feasible.
  199         (2) Notwithstanding any other provision of this section,
  200  and to the extent authorized by federal law, such state
  201  agencies, state universities, Florida College System
  202  institutions, and contracted food service providers thereof
  203  shall give preference to food commodities grown or produced in
  204  this state when purchasing food commodities, including farm
  205  products as defined in s. 823.14, of any class, variety, or use
  206  thereof in their natural state or as processed by a farm
  207  operation or processor for the purpose of marketing such
  208  product.
  209         (3)A competitive solicitation for the purchase of food
  210  commodities may give preference over other vendors to a
  211  responsive and responsible vendor who agrees to fulfill the
  212  contract through the use of food commodities grown or produced
  213  in this state, provided that such preference does not exceed 10
  214  percent of the total score allocated to price or does not result
  215  in a price increase greater than 10 percent.
  216         (4)By November 1, 2024, and each November 1 biennially
  217  thereafter, the department shall prepare and submit a report to
  218  the Governor, the Cabinet, the President of the Senate, and the
  219  Speaker of the House of Representatives which describes the
  220  amount of food commodities grown or produced in this state which
  221  were purchased according to the requirements of this section. In
  222  order to compile such report, the department shall adopt by rule
  223  a form to be submitted to the department by each state agency,
  224  state university, Florida College System institution, or
  225  contracted food service provider thereof which purchases food
  226  commodities. Such state entities shall submit the form to the
  227  department by August 1, 2024, and each August 1 biennially
  228  thereafter. The report must contain, at a minimum, all of the
  229  following information:
  230         (a) The total expenditures on, and the quantity purchased
  231  of, food commodities by each agency, state university, and
  232  Florida College System institution.
  233         (b)The total expenditures on, and the quantity purchased
  234  of, food commodities grown or produced in this state by each
  235  agency, state university, and Florida College System
  236  institution.
  237         (c) The total expenditures of each agency, state
  238  university, and Florida College System institution on food
  239  commodities grown or produced outside of this state.
  240         (d) A statement and an assessment of the good faith efforts
  241  of, and any failures by, each state agency, state university, or
  242  Florida College System institution, or any contracted food
  243  service provider thereof, to comply with this section.
  244         Section 5. Paragraphs (d), (i), (p), (q), (r), and (bb) of
  245  subsection (1) and subsection (3) of section 500.03, Florida
  246  Statutes, are amended to read:
  247         500.03 Definitions; construction; applicability.—
  248         (1) For the purpose of this chapter, the term:
  249         (d) “Bottled water” means water intended for human
  250  consumption and sealed in a bottle or other container with no
  251  added ingredients, except that it may contain safe and suitable
  252  antimicrobial agents a beverage, as described in 21 C.F.R. part
  253  165 (2006), that is processed in compliance with 21 C.F.R. part
  254  129 (2006).
  255         (i) “Convenience store” means a business that is engaged
  256  primarily in the retail sale of groceries or motor fuels or
  257  special fuels and may offer food services to the public.
  258  Businesses providing motor fuel or special fuel to the public
  259  which also offer groceries or food service are included in the
  260  definition of a convenience store.
  261         (o)(p) “Food establishment” means a factory, food outlet,
  262  or other facility manufacturing, processing, packing, holding,
  263  storing, or preparing food or selling food at wholesale or
  264  retail. The term does not include a business or activity that is
  265  regulated under s. 413.051, s. 500.80, chapter 509, or chapter
  266  601. The term includes tomato packinghouses and repackers but
  267  does not include any other establishments that pack fruits and
  268  vegetables in their raw or natural states, including those
  269  fruits or vegetables that are washed, colored, or otherwise
  270  treated in their unpeeled, natural form before they are
  271  marketed.
  272         (q) “Food outlet” means any grocery store; convenience
  273  store; minor food outlet; meat, poultry, or fish and related
  274  aquatic food market; fruit or vegetable market; food warehouse;
  275  refrigerated storage facility; freezer locker; salvage food
  276  facility; or any other similar place storing or offering food
  277  for sale.
  278         (r) “Food service establishment” means any place where food
  279  is prepared and intended for individual portion service, and
  280  includes the site at which individual portions are provided. The
  281  term includes any such place regardless of whether consumption
  282  is on or off the premises and regardless of whether there is a
  283  charge for the food. The term includes delicatessens that offer
  284  prepared food in individual service portions. The term does not
  285  include schools, institutions, fraternal organizations, private
  286  homes where food is prepared or served for individual family
  287  consumption, retail food stores, the location of food vending
  288  machines, cottage food operations, and supply vehicles, nor does
  289  the term include a research and development test kitchen limited
  290  to the use of employees and which is not open to the general
  291  public.
  292         (bb) “Retail food store” means any establishment or section
  293  of an establishment where food and food products are offered to
  294  the consumer and intended for off-premises consumption. The term
  295  includes delicatessens that offer prepared food in bulk
  296  quantities only. The term does not include establishments which
  297  handle only prepackaged, nonpotentially hazardous foods;
  298  roadside markets that offer only fresh fruits and fresh
  299  vegetables for sale; food service establishments; or food and
  300  beverage vending machines.
  301         (3) For the purpose of this chapter, the selling of food
  302  includes the manufacture, production, processing, packing,
  303  exposure, offer, possession, and holding of any article of food
  304  for sale; the sale, dispensing, and giving of any article of
  305  food; and the supplying to or applying of food in the conduct of
  306  any food establishment.
  307         Section 6. Subsection (1) of section 500.032, Florida
  308  Statutes, is amended to read:
  309         500.032 Declaration of policy and cooperation among
  310  departments.—
  311         (1) The department shall administer and enforce is charged
  312  with the administration and enforcement of this chapter in order
  313  to prevent fraud, harm, adulteration, misbranding, or false
  314  advertising in the preparation, manufacture, storage, or sale of
  315  articles of food. The department shall It is further charged to
  316  enforce the provisions of this chapter relating to the
  317  production, manufacture, transportation, storage, and sale of
  318  food, as well as articles entering into, and intended for use as
  319  ingredients in the preparation of, food.
  320         Section 7. Paragraphs (a), (b), and (e) of subsection (1),
  321  subsection (2), paragraph (a) of subsection (5), and subsection
  322  (8) of section 500.12, Florida Statutes, are amended to read:
  323         500.12 Food permits; building permits.—
  324         (1)(a) A food permit from the department is required of any
  325  person who operates a food establishment or retail food store,
  326  except:
  327         1. Persons operating minor food outlets that sell food that
  328  is commercially prepackaged, not potentially hazardous, and not
  329  time or temperature controlled for safety, if the shelf space
  330  for those items does not exceed 12 total linear feet and no
  331  other food is sold by the minor food outlet.
  332         2. Persons subject to continuous, onsite federal or state
  333  inspection.
  334         3. Persons selling only legumes in the shell, either
  335  parched, roasted, or boiled.
  336         4. Persons selling sugar cane or sorghum syrup that has
  337  been boiled and bottled on a premise located within this the
  338  state. Such bottles must contain a label listing the producer’s
  339  name and street address, all added ingredients, the net weight
  340  or volume of the product, and a statement that reads, “This
  341  product has not been produced in a facility permitted by the
  342  Florida Department of Agriculture and Consumer Services.”
  343         (b) Each food establishment and retail food store regulated
  344  under this chapter must apply for and receive a food permit
  345  before operation begins. An application for a food permit from
  346  the department must be accompanied by a fee in an amount
  347  determined by department rule. The department shall adopt by
  348  rule a schedule of fees to be paid by each food establishment
  349  and retail food store as a condition of issuance or renewal of a
  350  food permit. Such fees may not exceed $650 and must shall be
  351  used solely for the recovery of costs for the services provided,
  352  except that the fee accompanying an application for a food
  353  permit for operating a bottled water plant may not exceed $1,000
  354  and the fee accompanying an application for a food permit for
  355  operating a packaged ice plant may not exceed $250. The fee for
  356  operating a bottled water plant or a packaged ice plant must
  357  shall be set by rule of the department. Food permits are not
  358  transferable from one person or physical location to another.
  359  Food permits must be renewed in accordance with subparagraphs
  360  1., 2., and 3. annually on or before January 1. If an
  361  application for renewal of a food permit is not received by the
  362  department on or before within 30 days after its due date, a
  363  late fee not exceeding $100 must be paid in addition to the food
  364  permit fee before the department may issue the food permit. The
  365  moneys collected must shall be deposited in the General
  366  Inspection Trust Fund.
  367         1. A food permit issued to a new food establishment on or
  368  after September 1, 2023, is valid for 1 calendar year after the
  369  date of issuance and must be renewed annually on or before that
  370  date thereafter.
  371         2. Effective January 1, 2024, a food permit issued before
  372  September 1, 2023, expires on the month and day the initial
  373  permit was issued to the food establishment and must be renewed
  374  annually on or before that date thereafter. The department may
  375  charge a prorated permit fee for purposes of this subparagraph.
  376         3.The owner of 100 or more permitted food establishment
  377  locations may elect to set the expiration of food permits for
  378  such establishments as December 31 of each calendar year.
  379         (e) The department is the exclusive regulatory and
  380  permitting authority for all food outlets, retail food stores,
  381  food establishments, convenience stores, and minor food outlets
  382  in accordance with this section. Application for a food permit
  383  must be made on forms provided by the department, which forms
  384  must also contain provision for application for registrations
  385  and permits issued by other state agencies and for collection of
  386  the food permit fee and any other fees associated with
  387  registration, licensing, or applicable surcharges. The details
  388  of the application must shall be prescribed by department rule.
  389         (2) When any person applies for a building permit to
  390  construct, convert, or remodel any food establishment, food
  391  outlet, or retail food store, the authority issuing such permit
  392  shall make available to the applicant a printed statement,
  393  provided by the department, regarding the applicable sanitation
  394  requirements for such establishments. A building permitting
  395  authority, or municipality or county under whose jurisdiction a
  396  building permitting authority operates, may not be held liable
  397  for a food establishment, food outlet, or retail food store that
  398  does not comply with the applicable sanitation requirements due
  399  to failure of the building permitting authority to provide the
  400  information as provided in this subsection.
  401         (a) The department shall furnish, for distribution, a
  402  statement that includes the checklist to be used by the food
  403  inspector in any preoperational inspections to assure that the
  404  food establishment is constructed and equipped to meet the
  405  applicable sanitary guidelines. Such preoperational inspection
  406  is shall be a prerequisite for obtaining a food permit in
  407  accordance with this section.
  408         (b) The department may provide assistance, when requested
  409  by the applicant, in the review of any construction or
  410  remodeling plans for food establishments. The department may
  411  charge a fee for such assistance which covers the cost of
  412  providing the assistance and which must shall be deposited in
  413  the General Inspection Trust Fund for use in funding the food
  414  safety program.
  415         (c) A building permitting authority or other subdivision of
  416  local government may not require the department to approve
  417  construction or remodeling plans for food establishments and
  418  retail food stores as a condition of any permit or license at
  419  the local level.
  420         (5) It is the intent of the Legislature to eliminate
  421  duplication of regulatory inspections of food. Regulatory and
  422  permitting authority over any food establishment is preempted to
  423  the department, except as provided in chapter 379.
  424         (a) Food establishments or retail food stores that have
  425  ancillary food service activities shall be permitted and
  426  inspected by the department.
  427         (8) A person who applies for or renews a local business tax
  428  certificate to engage in business as a food establishment or
  429  retail food store must exhibit a current food permit or an
  430  active letter of exemption from the department before the local
  431  business tax certificate may be issued or renewed.
  432         Section 8. Subsection (1) of section 500.121, Florida
  433  Statutes, is amended to read:
  434         500.121 Disciplinary procedures.—
  435         (1) In addition to the suspension procedures provided in s.
  436  500.12, if applicable, the department may impose an
  437  administrative fine in the Class II category pursuant to s.
  438  570.971 against any retail food store, food establishment, or
  439  cottage food operation that violates this chapter, which fine,
  440  when imposed and paid, must shall be deposited by the department
  441  into the General Inspection Trust Fund. The department may
  442  revoke or suspend the permit of any such retail food store or
  443  food establishment if it is satisfied that the retail food store
  444  or food establishment has:
  445         (a) Violated this chapter.
  446         (b) Violated or aided or abetted in the violation of any
  447  law of this state governing or applicable to retail food stores
  448  or food establishments or any lawful rules of the department.
  449         (c) Knowingly committed, or been a party to, any material
  450  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
  451  or device whereby another person, lawfully relying upon the
  452  word, representation, or conduct of a retail food store or food
  453  establishment, acts to her or his injury or damage.
  454         (d) Committed any act or conduct of the same or different
  455  character than that enumerated which constitutes fraudulent or
  456  dishonest dealing.
  457         Section 9. Paragraph (a) of subsection (3) of section
  458  500.147, Florida Statutes, is amended to read:
  459         500.147 Inspection of food establishments, food records,
  460  and vehicles.—
  461         (3) For bottled water plants:
  462         (a) Bottled water must be from an approved source. Bottled
  463  water must be processed in conformance with department rule 21
  464  C.F.R. part 129 (2006), and must conform to 21 C.F.R. part 165
  465  (2006). A person operating a bottled water plant is shall be
  466  responsible for all water sampling and analyses required by this
  467  chapter.
  468         Section 10. Subsection (1) of section 500.172, Florida
  469  Statutes, is amended to read:
  470         500.172 Embargoing, detaining, destroying of food, food
  471  processing equipment, or areas that are in violation.—
  472         (1) When the department, or its duly authorized agent who
  473  has received appropriate education and training regarding the
  474  legal requirements of this chapter, finds or has probable cause
  475  to believe that any food, food processing equipment, food
  476  processing area, or food storage area is in violation of this
  477  chapter or any rule adopted under this chapter so as to be
  478  dangerous, unwholesome, mislabeled, fraudulent, or insanitary
  479  within the meaning of this chapter, an agent of the department
  480  may issue and enforce a stop-sale, stop-use, removal, or hold
  481  order, which order gives notice that such article, processing
  482  equipment, processing area, or storage area is or is suspected
  483  of being in violation and has been detained or embargoed and
  484  which order warns all persons not to remove, use, or dispose of
  485  such article, processing equipment, processing area, or storage
  486  area by sale or otherwise until permission for removal, use, or
  487  disposal is given by the department or the court. A person may
  488  not remove, use, or dispose of such detained or embargoed
  489  article, processing equipment, processing area, or storage area
  490  by sale or otherwise without such permission.
  491         Section 11. Section 502.012, Florida Statutes, is reordered
  492  and amended to read:
  493         502.012 Definitions.—As used in this chapter, the term:
  494         (1) “Bulk milk hauler/sampler” means a person who collects
  495  official samples and transports raw milk from a farm or raw milk
  496  products to or from a milk plant, receiving station, or transfer
  497  station and is permitted to sample the milk products by any
  498  state regulatory agency charged with implementing the United
  499  States Food and Drug Administration’s Grade “A” program.
  500         (2) “Bulk milk pickup tanker” means a vehicle, including
  501  the truck and tank, and those appurtenances necessary for its
  502  use necessary attachments, that is used by a milk hauler to
  503  transport bulk raw milk for pasteurization, ultra
  504  pasteurization, aseptic processing and packaging, or retort
  505  processing after packaging from a dairy farm to a milk plant,
  506  receiving station, or transfer station.
  507         (3)(2) “Dairy farm” means any place or premises where one
  508  or more lactating animals, including cows, goats, sheep, water
  509  buffalo, or other hooved mammals, are kept for milking purposes,
  510  and from which a part or all of the milk is provided, sold, or
  511  offered for sale.
  512         (4)(3) “Department” means the Department of Agriculture and
  513  Consumer Services.
  514         (5)(4) “Frozen dessert” means a specific standardized
  515  frozen dessert described in 21 C.F.R. part 135, excluding part
  516  135.160 and any other food defined by rule of the department
  517  that resembles such standardized frozen dessert but does not
  518  conform to the specific description of such standardized frozen
  519  dessert in 21 C.F.R. part 135. The term includes, but is not
  520  limited to, a quiescently frozen confection, a quiescently
  521  frozen dairy confection, a frozen dietary dairy dessert, and a
  522  frozen dietary dessert.
  523         (5) “Frozen desserts manufacturer” means a person who
  524  manufactures, processes, converts, partially freezes, or freezes
  525  any mix or frozen dessert for distribution or sale.
  526         (6) “Frozen desserts plant” means any place that
  527  pasteurizes dairy products or receives raw milk for the purpose
  528  of manufacturing or processing frozen desserts location or
  529  premises at which frozen desserts or mix are manufactured,
  530  processed, or frozen for distribution or sale at wholesale.
  531         (7) “Frozen desserts retail establishment” means any
  532  location or premises, including a retail store, stand, hotel,
  533  boardinghouse, restaurant, vehicle, or mobile unit, at which
  534  frozen desserts are frozen, partially frozen, or dispensed for
  535  sale at retail.
  536         (8) “Frozen dietary dairy dessert” or “frozen dietary
  537  dessert” means a food for any special dietary use, prepared by
  538  freezing, with or without agitation, and composed of a
  539  pasteurized mix that may contain fat, protein, carbohydrates,
  540  natural or artificial sweeteners, flavoring, stabilizers,
  541  emulsifiers, vitamins, and minerals.
  542         (9) “Grade ‘A’ pasteurized milk ordinance” means the
  543  document entitled “Grade ‘A’ Pasteurized Milk Ordinance, United
  544  States Department of Health and Human Services, Public Health
  545  Service, Food and Drug Administration,” including all associated
  546  appendices, as adopted by department rule.
  547         (8)(10) “Imitation milk and imitation milk products” means
  548  those foods that have the physical characteristics, such as
  549  taste, flavor, body, texture, or appearance, of milk or milk
  550  products as defined in this chapter and the Grade “A”
  551  pasteurized milk ordinance but do not come within the definition
  552  of “milk” or “milk products” and are nutritionally inferior to
  553  the product imitated.
  554         (9)(11) “Milk” means the lacteal secretion, practically
  555  free from colostrum, obtained by the complete milking of one or
  556  more healthy cows, goats, sheep, water buffalo, or other hooved
  557  mammals.
  558         (10)(12) “Milk distributor” means any person who offers for
  559  sale or sells to another person any milk or milk product.
  560         (15)(13) “Milk products” means products made with milk that
  561  is processed in some manner, including being whipped, acidified,
  562  cultured, concentrated, lactose-reduced, or sodium-reduced or
  563  aseptically processed, or having the addition or subtraction of
  564  milkfat, the addition of safe and suitable microbial organisms,
  565  or the addition of safe and suitable optional ingredients for
  566  protein, vitamin, or mineral fortification. The term does “Milk
  567  products” do not include products such as evaporated milk,
  568  condensed milk, eggnog in a rigid metal container, dietary
  569  products, infant formula, or ice cream and other desserts.
  570         (18)(14) “Milkfat” or “butterfat” means the fat contained
  571  in milk.
  572         (11)(15) “Milk hauler” means any person who transports raw
  573  milk or raw milk products to or from a milk plant, receiving
  574  station, or transfer station.
  575         (12)(16) “Milk plant” means any place, premises, or
  576  establishment where milk or milk products are collected,
  577  handled, processed, stored, pasteurized, ultra-pasteurized,
  578  aseptically processed and packaged, retort processed after
  579  packaging, condensed, dried, packaged, bottled, or prepared for
  580  distribution.
  581         (13)(17) “Milk plant operator” means any person responsible
  582  for receiving, processing, pasteurizing, or packaging milk and
  583  milk products, or performing any other related operation.
  584         (14)(18) “Milk producer” means any person who operates a
  585  dairy farm and provides, sells, or offers for sale milk to a
  586  milk plant, receiving station, or transfer station.
  587         (16)(19) “Milk tank truck” means either a bulk milk pickup
  588  tanker or a milk transport tank.
  589         (17)(20) “Milk transport tank” means a vehicle, including
  590  the truck and tank, used by a bulk milk hauler/sampler or a milk
  591  hauler to transport bulk shipments of milk from a milk plant,
  592  receiving station, or transfer station to another milk plant,
  593  receiving station, or transfer station.
  594         (21) “Quiescently frozen confection” means a clean and
  595  wholesome frozen, sweetened, flavored product that, while being
  596  frozen, was not stirred or agitated (generally known as
  597  quiescent freezing). The confection may be acidulated with food
  598  grade acid, may contain milk solids or water, or may be made
  599  with or without added harmless pure or imitation flavoring and
  600  with or without harmless coloring. The finished product must not
  601  contain more than 0.5 percent by weight of stabilizer composed
  602  of wholesome, edible material and must not contain less than 17
  603  percent by weight of total food solids. In the production of the
  604  confection, processing or mixing before quiescent freezing that
  605  develops in the finished confection mix any physical expansion
  606  in excess of 10 percent may not be used.
  607         (22) “Quiescently frozen dairy confection” means a clean
  608  and wholesome frozen product made from water, milk products, and
  609  sugar, with added harmless pure or imitation flavoring, with or
  610  without added harmless coloring, with or without added
  611  stabilizer, or with or without added emulsifier, that, while
  612  being frozen, was not stirred or agitated (generally known as
  613  quiescent freezing). The confection must not contain less than
  614  13 percent by weight of total milk solids, less than 33 percent
  615  by weight of total food solids, more than 0.5 percent by weight
  616  of stabilizer, or more than 0.2 percent by weight of emulsifier.
  617  Stabilizer and emulsifier must be composed of wholesome, edible
  618  material. In the production of a quiescently frozen dairy
  619  confection, processing or mixing before quiescently freezing
  620  that develops in the finished confection mix any physical
  621  expansion in excess of 10 percent may not be used.
  622         (19)(23) “Raw milk” means unpasteurized unprocessed milk.
  623         (20)(24) “Receiving station” means any place, premises, or
  624  establishment where raw milk is received, collected, handled,
  625  stored, or cooled and is prepared for further transporting.
  626         (21)“Reconstituted milk or milk products” or “recombined
  627  milk or milk products” means milk or milk products that result
  628  from reconstituting or recombining milk constituents with
  629  potable water.
  630         (22)“Retail” means the sale of goods to the public for use
  631  or consumption rather than for resale.
  632         (23)(25) “Substitute milk and substitute milk products”
  633  means those foods that have the physical characteristics, such
  634  as taste, flavor, body, texture, or appearance, of milk or milk
  635  products as defined in this chapter and the Grade “A”
  636  pasteurized milk ordinance but do not come within the definition
  637  of “milk” or “milk products” and are nutritionally equivalent to
  638  the product for which they are substitutes.
  639         (24)(26) “Transfer station” means any place, premises, or
  640  establishment where milk or milk products are transferred
  641  directly from one milk tank truck to another.
  642         (25)“Ultra-pasteurization (UP)” means a process in which
  643  milk or milk product is thermally processed at or above 138
  644  degrees Celsius or 280 degrees Fahrenheit for at least 2
  645  seconds, before or after packaging, so as to produce a milk or
  646  milk product that has an extended shelf life under refrigerated
  647  conditions.
  648         (26)(27) “Washing station” means any place, premises, or
  649  establishment where milk tank trucks are cleaned and sanitized.
  650         (27)“Wholesale” means the selling of goods in quantity to
  651  be retailed by others.
  652         Section 12. Paragraph (d) of subsection (1) of section
  653  502.013, Florida Statutes, is amended to read:
  654         502.013 Purpose; intent.—
  655         (1) PURPOSE.—The purpose of this chapter is to:
  656         (d) Ensure the normal flow of fresh wholesome milk and milk
  657  products from the farmer to the consumer by uniform regulation
  658  of the shelf life of milk and milk products in this state.
  659         Section 13. Paragraph (a) of subsection (2) of section
  660  502.014, Florida Statutes, is amended to read:
  661         502.014 Powers and duties.—
  662         (2)(a) The department shall permit, conduct onsite
  663  inspections of, and collect samples for testing from all
  664  facilities engaged in the production, processing, holding, or
  665  transfer of milk and milk products dairy farms, milk plants, and
  666  frozen dessert plants and collect test samples of milk, milk
  667  products, and frozen desserts as required by this chapter.
  668         Section 14. Section 502.042, Florida Statutes, is amended
  669  to read:
  670         502.042 Labeling of shelf life.—To ensure consumers full
  671  disclosure of the date beyond which milk or milk products may no
  672  longer be offered for sale, all dairy processors must shall
  673  establish, and legibly label as prescribed by rule of the
  674  department, the maximum shelf-life period during which milk and
  675  milk products may be offered for sale. For purposes of this
  676  requirement, the term to “legibly label” means to label the
  677  package or container with conspicuous and easily readable
  678  boldfaced print or type in distinct contrast to the background,
  679  by color. The department shall periodically conduct shelf-life
  680  studies to review the keeping quality of milk and milk products
  681  and shall sample periodically the products of the dairy
  682  processors to determine if the shelf-life dating used by the
  683  processors complies with the minimum standards of quality.
  684         Section 15. Paragraphs (a) and (b) of subsection (1),
  685  paragraph (d) of subsection (3), and paragraphs (a) and (c) of
  686  subsection (4) of section 502.053, Florida Statutes, are amended
  687  to read:
  688         502.053 Permits and fees; requirements; exemptions;
  689  temporary permits.—
  690         (1) PERMITS.—
  691         (a) All facilities engaged in the production, processing,
  692  holding, or transfer of milk and milk products Each Grade “A”
  693  milk plant, whether located in the state or outside the state,
  694  and each manufacturing milk plant, milk producer, milk hauler,
  695  milk hauling service, washing station operator, milk plant
  696  operator, milk distributor, single-service-container
  697  manufacturer, receiving station, and transfer station in this
  698  the state must shall apply to the department for a permit to
  699  operate. The application must shall be on forms developed by the
  700  department.
  701         (b) Each frozen dessert plant, whether located in the state
  702  or outside the state, that manufactures frozen desserts or other
  703  products defined in this chapter and offers these products for
  704  wholesale for sale in this state must apply to the department
  705  for a permit to operate. The application must be submitted on a
  706  form forms prescribed by the department. All frozen dessert
  707  permits expire on June 30 of each year.
  708         (3) REQUIREMENTS.—
  709         (d) Each frozen dessert plant permitholder must report
  710  monthly, quarterly, semiannually, or annually, as required by
  711  the department, the number of gallons of frozen dessert or
  712  frozen dessert mix sold or manufactured by the permitholder in
  713  this state.
  714         (4) EXEMPTIONS.—
  715         (a) The following persons are shall be exempt from bulk
  716  milk hauler/sampler hauler permit requirements:
  717         1. Milk producers who transport milk or milk products only
  718  from their own dairy farms.
  719         2. Employees of a milk distributor or milk plant operator
  720  who possesses a valid permit.
  721         3. Drivers of bulk milk tank trucks between locations who
  722  do not collect milk from farms.
  723         (c)Frozen desserts retail establishments as defined in s.
  724  502.012 are exempt from this chapter.
  725         Section 16. Subsections (1) and (4) of section 502.181,
  726  Florida Statutes, are amended to read:
  727         502.181 Prohibited acts.—It is unlawful for any person in
  728  this state to:
  729         (1) Engage in the business of producing, hauling,
  730  transferring, receiving, processing, packaging, or distributing
  731  milk, milk products, or frozen desserts or operating a washing
  732  station, manufacturing single-service containers, or
  733  manufacturing imitation or substitute milk or milk products, or
  734  testing for milkfat content, without first obtaining a permit or
  735  license from the department.
  736         (4) Repasteurize milk.
  737         Section 17. Paragraph (b) of subsection (1) of section
  738  502.231, Florida Statutes, is amended to read:
  739         502.231 Penalty and injunction.—
  740         (1) The department may enter an order imposing one or more
  741  of the following penalties against any person who violates any
  742  provision of this chapter:
  743         (b) Imposition of an administrative fine:
  744         1. In the Class II category pursuant to s. 570.971 for each
  745  violation in the case of a frozen dessert licensee; or
  746         2. Ten percent of the license fee or $100, whichever is
  747  greater, for failure to report the information described in s.
  748  502.053(3)(d); or
  749         3. In the Class I category pursuant to s. 570.971 for each
  750  occurrence for any other violation.
  751  
  752  When imposing a fine under this paragraph, the department must
  753  consider the degree and extent of harm caused by the violation,
  754  the cost of rectifying the damage, the benefit to the violator,
  755  whether the violation was committed willfully, and the
  756  violator’s compliance record.
  757         Section 18. Section 502.301, Florida Statutes, is repealed.
  758         Section 19. Section 570.161, Florida Statutes, is created
  759  to read:
  760         570.161 E-mail address of record.—
  761         (1) In addition to any other requirement set forth in law,
  762  each person licensed or permitted by the department shall notify
  763  the department in writing of the person’s e-mail address. The
  764  failure to notify the department of a change in any e-mail
  765  address provided to the department constitutes a violation of
  766  this section and may be subject to the penalties provided in s.
  767  570.971(3).
  768         (2)(a) Notwithstanding any other provision of law, service
  769  by e-mail to a person’s e-mail address of record constitutes
  770  adequate and sufficient notice when required by law, except when
  771  other service is required pursuant to s. 120.60.
  772         (b) If the department receives notification that service by
  773  e-mail, as authorized by this section, has failed, the
  774  department may provide notice to the person by calling the
  775  person’s last known telephone number of record, mailing the
  776  notice to the last known address, or posting a short, plain
  777  notice to the person on the department’s website.
  778         Section 20. Section 570.23, Florida Statutes, is repealed.
  779         Section 21. Present subsections (10) through (13) of
  780  section 570.71, Florida Statutes, are redesignated as
  781  subsections (11) through (14), respectively, and a new
  782  subsection (10) is added to that section, to read:
  783         570.71 Conservation easements and agreements.—
  784         (10)Notwithstanding any other law or rule, the department
  785  shall submit a purchase agreement authorized by this section to
  786  the Board of Trustees of the Internal Improvement Trust Fund for
  787  approval if the purchase price exceeds $5 million.
  788         Section 22. Paragraph (b) of subsection (1) of section
  789  570.715, Florida Statutes, is amended to read:
  790         570.715 Conservation easement acquisition procedures.—
  791         (1) For less than fee simple acquisitions pursuant to s.
  792  570.71, the Department of Agriculture and Consumer Services
  793  shall comply with the following acquisition procedures:
  794         (b) Before approval by the board of trustees of an
  795  agreement to purchase less than fee simple title to land
  796  pursuant to s. 570.71, an appraisal of the parcel shall be
  797  required as follows:
  798         1. Each parcel to be acquired shall have at least one
  799  appraisal. Two appraisals are required when the estimated value
  800  of the parcel exceeds $5 $1 million. However, when both
  801  appraisals exceed $5 $1 million and differ significantly, a
  802  third appraisal may be obtained.
  803         2. Appraisal fees and associated costs shall be paid by the
  804  department. All appraisals used for the acquisition of less than
  805  fee simple interest in lands pursuant to this section shall be
  806  prepared by a state-certified appraiser who meets the standards
  807  and criteria established by rule of the board of trustees. Each
  808  appraiser selected to appraise a particular parcel shall, before
  809  contracting with the department or a participant in a multiparty
  810  agreement, submit to the department or participant an affidavit
  811  substantiating that he or she has no vested or fiduciary
  812  interest in such parcel.
  813         Section 23. Section 570.843, Florida Statutes, is repealed.
  814         Section 24. Upon the expiration and reversion of the
  815  amendment made to section 570.93, Florida Statutes, pursuant to
  816  section 63 of chapter 2022-157, Laws of Florida, paragraph (a)
  817  of subsection (1) of section 570.93, Florida Statutes, is
  818  amended to read:
  819         570.93 Department of Agriculture and Consumer Services;
  820  agricultural water conservation and agricultural water supply
  821  planning.—
  822         (1) The department shall establish an agricultural water
  823  conservation program that includes the following:
  824         (a) A cost-share program, coordinated where appropriate
  825  with the United States Department of Agriculture and other
  826  federal, state, regional, and local agencies, when appropriate,
  827  for irrigation system retrofit and application of mobile
  828  irrigation laboratory evaluations, and for water conservation as
  829  provided in this section and, where applicable, for water
  830  quality improvement pursuant to s. 403.067(7)(c).
  831         Section 25. Present subsections (8) through (13) and (14)
  832  through (44) of section 576.011, Florida Statutes, are
  833  redesignated as subsections (9) through (14) and (16) through
  834  (46), respectively, new subsections (8) and (15) are added to
  835  that section, and present subsections (15), (19), and (36) of
  836  that section are amended, to read:
  837         576.011 Definitions.—When used in this chapter, the term:
  838         (8)“Controlled release fertilizers” means a slow release
  839  fertilizer engineered to provide nutrients over time at a
  840  predictable rate under specified conditions.
  841         (15)“Fertilizer material” means a fertilizer that meets
  842  one of the following requirements:
  843         (a)Contains important quantities of no more than one of
  844  the primary nutrients: nitrogen (N), phosphate (P2O5), and potash
  845  (K2O).
  846         (b)Has 85 percent or more of its plant nutrient content
  847  present in the form of a single chemical compound.
  848         (c)Is derived from a plant or an animal residue or
  849  byproduct or a natural material deposit that has been processed
  850  in such a way that its content of plant nutrients has not been
  851  materially changed except by purification and concentration.
  852         (17)(15) “Grade” means the percentages in fertilizer of
  853  total nitrogen expressed as N, available phosphorus expressed as
  854  P2O5, and soluble potassium expressed as K2O, stated in whole
  855  numbers in the same terms, order, and percentages as in the
  856  guaranteed analysis. However, specialty fertilizer may be
  857  guaranteed in fractional units of less than 1 percent of total
  858  nitrogen, available phosphate, and soluble potash. Fertilizer
  859  materials, bone meal, manures, and similar materials may be
  860  guaranteed in fractional units in that order.
  861         (21)(19) “Labeling” means all labels and other written,
  862  printed, or graphic matters upon an article or any of its
  863  containers or wrappers, or accompanying such article.
  864         (38)(36) “Slow or controlled release fertilizer” means a
  865  fertilizer in a form that releases, or converts to a plant
  866  available form, plant nutrients at a slower rate relative to an
  867  appropriate reference soluble product containing a plant
  868  nutrient in a form which delays its availability for plant
  869  uptake and use after application, or which extends its
  870  availability to the plant significantly longer than a reference
  871  “rapidly available nutrient fertilizer,” such as ammonium
  872  nitrate or urea, ammonium phosphate, or potassium chloride.
  873         Section 26. Subsection (14) of section 581.217, Florida
  874  Statutes, is repealed.
  875         Section 27. Section 585.008, Florida Statutes, is repealed.
  876         Section 28. Subsection (4) of section 586.045, Florida
  877  Statutes, is amended to read:
  878         586.045 Certificates of registration and inspection.—
  879         (4) The department shall provide to each person subject to
  880  this section written notice and renewal forms at least 30 60
  881  days before prior to the annual renewal date informing the
  882  person of the certificate of registration renewal date and the
  883  application fee.
  884         Section 29. Subsection (16) is added to section 595.404,
  885  Florida Statutes, to read:
  886         595.404 School food and other nutrition programs; powers
  887  and duties of the department.—The department has the following
  888  powers and duties:
  889         (16) To adopt and implement an exemption, waiver, and
  890  variance process by rule, as required by federal regulations,
  891  for sponsors under the programs implemented pursuant to this
  892  chapter, notwithstanding s. 120.542.
  893         Section 30. Section 597.003, Florida Statutes, is amended
  894  to read:
  895         597.003 Powers and duties of Department of Agriculture and
  896  Consumer Services.—
  897         (1) The department is hereby designated as the lead agency
  898  in regulating and encouraging the development of aquaculture in
  899  this the state and has shall have and shall exercise the
  900  following functions, powers, and duties with regard to
  901  aquaculture:
  902         (a) Issue or deny aquaculture certificates that identify
  903  aquaculture producers and aquaculture products, and collect all
  904  related fees. The department may revoke an aquaculture
  905  certificate of registration issued pursuant to s. 597.004 upon a
  906  finding that aquaculture is not the primary purpose of the
  907  certified facility’s entity’s operation.
  908         (b) Coordinate the development, annual revision, and
  909  implementation of a state aquaculture plan. The plan must shall
  910  include prioritized recommendations for research and development
  911  as suggested by the Aquaculture Review Council and public and
  912  private institutional research, extension, and service programs.
  913         (c) Develop memoranda of agreement, as needed, with the
  914  Department of Environmental Protection, the Fish and Wildlife
  915  Conservation Commission, the Florida Sea Grant Program, and
  916  other groups as provided in the state aquaculture plan.
  917         (d) Provide staff for the Aquaculture Review Council.
  918         (e) Forward the annually revised state aquaculture plan to
  919  the commissioner and to the chairs of the House Committee on
  920  Agriculture and Consumer Services and the Senate Committee on
  921  Agriculture 1 month before prior to submission of the
  922  department’s legislative budget request to the Governor.
  923         (f) Upon the appropriation of funds by the Legislature,
  924  submit the list of research and development projects proposed to
  925  be funded through the department as identified in the state
  926  aquaculture plan, along with the department’s legislative budget
  927  request to the Governor, the President of the Senate, and the
  928  Speaker of the House of Representatives. If funded, These
  929  projects must shall be contracted for by the Division of
  930  Aquaculture and must shall require public-private partnerships,
  931  when appropriate. The contracts must shall require a percentage
  932  of the profit generated by the project to be deposited into the
  933  General Inspection Trust Fund solely for funding aquaculture
  934  projects recommended by the Aquaculture Review Council.
  935         (g) Provide developmental assistance to the various sectors
  936  of the aquaculture industry as determined in the state
  937  aquaculture plan.
  938         (h) Assist persons seeking to engage in aquaculture when
  939  applying for the necessary permits and serve as ombudsman to
  940  resolve complaints or otherwise resolve problems arising between
  941  aquaculture producers and regulatory agencies.
  942         (i) Develop and propose to the Legislature legislation
  943  necessary to implement the state aquaculture plan or to
  944  otherwise encourage the development of aquaculture in this the
  945  state.
  946         (j) Issue or deny any license or permit authorized or
  947  delegated to the department by the Legislature or through
  948  memorandum of understanding with other state or federal agencies
  949  that furthers the intent of the Legislature to place the
  950  regulation of aquaculture in the department.
  951         (k) Make available state lands and the water column for the
  952  purpose of producing aquaculture products when the aquaculture
  953  activity is compatible with state resource management goals,
  954  environmental protection, and proprietary interest and when such
  955  state lands and waters are determined to be suitable for
  956  aquaculture development by the Board of Trustees of the Internal
  957  Improvement Trust Fund pursuant to s. 253.68; provide training
  958  as necessary to lessees; and be responsible for all saltwater
  959  aquaculture activities located on sovereignty submerged land or
  960  in the water column above such land and adjacent facilities
  961  directly related to the aquaculture activity.
  962         1. The department shall act in cooperation with other state
  963  and local agencies and programs to identify and designate
  964  sovereignty lands and waters that would be suitable for
  965  aquaculture development.
  966         2. The department shall identify and evaluate specific
  967  tracts of sovereignty submerged lands and water columns in
  968  various areas of the state to determine where such lands and
  969  waters are suitable for leasing for aquaculture purposes.
  970  Nothing in This subparagraph or subparagraph 1. does not shall
  971  preclude the applicant from applying for sites identified by the
  972  applicant.
  973         3. The department shall provide assistance in developing
  974  technologies applicable to aquaculture activities, evaluate
  975  practicable production alternatives, and provide agreements to
  976  develop innovative culture practices.
  977         (l) Act as a clearinghouse for aquaculture applications,
  978  and act as a liaison between the Fish and Wildlife Conservation
  979  Commission, the Division of State Lands, the Department of
  980  Environmental Protection district offices, other divisions
  981  within the Department of Environmental Protection, and the water
  982  management districts. The Department of Agriculture and Consumer
  983  Services is shall be responsible for regulating marine
  984  aquaculture producers, except as specifically provided herein.
  985         (2) The specific delegation of authority granted under
  986  subsection (1) is intended to place responsibility and may not
  987  be construed so as to prevent the respective state agencies from
  988  cooperating with each other by exchanging information and
  989  providing copies of reports when deemed advisable.
  990         (3) The department may employ such persons as are necessary
  991  to perform its duties under this chapter.
  992         Section 31. Present subsections (3) through (6) of section
  993  597.004, Florida Statutes, are redesignated as subsections (4)
  994  through (7), respectively, a new subsection (3) is added to that
  995  section, and paragraphs (b) and (g) of subsection (2), present
  996  subsection (3), and paragraph (a) of present subsection (5) of
  997  that section are amended, to read:
  998         597.004 Aquaculture certificate of registration.—
  999         (2) RULES.—
 1000         (b) Rules adopted pursuant to this subsection shall become
 1001  effective pursuant to the applicable provisions of chapter 120,
 1002  but must be submitted to the President of the Senate and the
 1003  Speaker of the House of Representatives for review by the
 1004  Legislature. The rules shall be referred to the appropriate
 1005  committees of substance and scheduled for review during the
 1006  first available regular session following adoption. Except as
 1007  otherwise provided by operation of law, such rules shall remain
 1008  in effect until rejected or modified by act of the Legislature.
 1009         (g) Any alligator producer with an alligator farming
 1010  license and permit to establish and operate an alligator farm
 1011  shall be issued an aquaculture certificate of registration
 1012  pursuant to this section. This chapter does not supersede the
 1013  authority under chapter 379 to regulate alligator farms and
 1014  alligator farmers.
 1015         (3)INSPECTIONS OF AQUACULTURE PRODUCTS.—The Legislature
 1016  intends to eliminate duplication of regulatory inspections of
 1017  aquaculture products. The regulatory and permitting authority
 1018  over all aquaculture products as defined in s. 597.0015 is
 1019  preempted to the department.
 1020         (a)Shellfish processing facilities are licensed pursuant
 1021  to s. 597.020.
 1022         (b)Facilities operated by state agencies, local
 1023  governments, educational institutions, research institutions, or
 1024  restoration organizations which maintain aquaculture products
 1025  for educational, scientific, demonstration, experimental, or
 1026  restoration activities related to aquaculture are licensed
 1027  pursuant to this section.
 1028         (c)Facilities culturing crocodilians of the order
 1029  Crocodilia are dually regulated by the department and the Fish
 1030  and Wildlife Conservation Commission. Any alligator producer
 1031  issued an aquaculture certificate of registration pursuant to
 1032  this section must also maintain an alligator farming license
 1033  from the Fish and Wildlife Conservation Commission. This chapter
 1034  does not supersede the authority under chapter 379 to regulate
 1035  alligator farms and alligator farmers.
 1036         (4)(3) FEES.—Effective July 1, 1997, All fees collected
 1037  pursuant to this section shall be deposited into the General
 1038  Inspection Trust Fund in the Department of Agriculture and
 1039  Consumer Services.
 1040         (6)(5) SALE OF AQUACULTURE PRODUCTS.—
 1041         (a) Aquaculture products, except shellfish, snook, and any
 1042  fish of the genus Micropterus, excluding Micropterus salmoides
 1043  floridanus, and prohibited and restricted nonnative freshwater
 1044  and marine species identified in the Aquaculture Best Management
 1045  Practices manual by rules of the Fish and Wildlife Conservation
 1046  Commission, may be sold by an aquaculture producer certified
 1047  pursuant to this section or by a dealer licensed pursuant to
 1048  part VII of chapter 379 without restriction so long as the
 1049  product origin can be identified.
 1050         Section 32. Subsection (1) and paragraph (c) of subsection
 1051  (3) of section 597.005, Florida Statutes, are amended, and
 1052  paragraph (e) of subsection (3) of that section is reenacted, to
 1053  read:
 1054         597.005 Aquaculture Review Council.—
 1055         (1) COMPOSITION.—There is created within the department the
 1056  Aquaculture Review Council to consist of eight members as
 1057  follows: the chair of the State Agricultural Advisory Council or
 1058  designee and seven additional members to be appointed by the
 1059  commissioner, including an alligator farmer, a food fish farmer,
 1060  a shellfish farmer, a tropical fish farmer, an aquatic plant
 1061  farmer, a representative of the commercial fishing industry, and
 1062  a representative of the aquaculture industry at large. Members
 1063  shall be appointed for 4-year terms. Each member shall be
 1064  selected from no fewer than two or more than three nominees
 1065  submitted by recognized statewide organizations representing
 1066  each industry segment or the aquaculture industry at large. In
 1067  the absence of nominees, the commissioner shall appoint persons
 1068  who otherwise meet the qualifications for appointment to the
 1069  council. Members shall serve until their successors are duly
 1070  qualified and appointed. An appointment to fill a vacancy shall
 1071  be for the unexpired portion of the term.
 1072         (3) RESPONSIBILITIES.—The primary responsibilities of the
 1073  Aquaculture Review Council are to:
 1074         (c) Submit to the commissioner on an annual basis:
 1075         1. Upon the appropriation of funds by the Legislature, a
 1076  prioritized list of research projects to be funded by the
 1077  department included in the department’s legislative budget
 1078  request. Each year, the council shall review the aquaculture
 1079  legislative budget requests submitted to the department and rank
 1080  them according to the state aquaculture plan.
 1081         2. Recommendations to be forwarded to the Speaker of the
 1082  House of Representatives and the President of the Senate on
 1083  legislation needed to help the aquaculture industry.
 1084         3. Recommendations on aquaculture projects, activities,
 1085  research, and regulation and other needs to further the
 1086  development of the aquaculture industry.
 1087         (e) Assist the department in carrying out duties identified
 1088  in s. 597.003 by studying aquaculture issues and making
 1089  recommendations for regulating and permitting aquaculture and in
 1090  the development, revision, and implementation of the state
 1091  aquaculture plan.
 1092         Section 33. Subsection (1) of section 599.002, Florida
 1093  Statutes, is amended to read:
 1094         599.002 Viticulture Advisory Council.—
 1095         (1) There is created within the Department of Agriculture
 1096  and Consumer Services the Viticulture Advisory Council, to
 1097  consist of eight members as follows: the president of the
 1098  Florida Grape Growers’ Association or a designee thereof; the
 1099  viticulture representative of the State Agricultural Advisory
 1100  Council; a representative from the Institute of Food and
 1101  Agricultural Sciences; a representative from the viticultural
 1102  science program at Florida Agricultural and Mechanical
 1103  University; and five four additional commercial members, to be
 1104  appointed for a 2-year term each by the Commissioner of
 1105  Agriculture, including a wine producer, a fresh fruit producer,
 1106  a nonwine product (juice, jelly, pie fillings, etc.) producer,
 1107  and a viticultural nursery operator.
 1108         Section 34. Paragraph (q) is added to subsection (4) of
 1109  section 934.50, Florida Statutes, to read:
 1110         934.50 Searches and seizure using a drone.—
 1111         (4) EXCEPTIONS.—This section does not prohibit the use of a
 1112  drone:
 1113         (q) By a non-law enforcement employee of the Department of
 1114  Agriculture and Consumer Services for activities for the
 1115  purposes of managing and eradicating plant or animal diseases.
 1116         Section 35. Paragraph (i) of subsection (3) of section
 1117  259.105, Florida Statutes, is amended to read:
 1118         259.105 The Florida Forever Act.—
 1119         (3) Less the costs of issuing and the costs of funding
 1120  reserve accounts and other costs associated with bonds, the
 1121  proceeds of cash payments or bonds issued pursuant to this
 1122  section shall be deposited into the Florida Forever Trust Fund
 1123  created by s. 259.1051. The proceeds shall be distributed by the
 1124  Department of Environmental Protection in the following manner:
 1125         (i) Three and five-tenths percent to the Department of
 1126  Agriculture and Consumer Services for the acquisition of
 1127  agricultural lands, through perpetual conservation easements and
 1128  other perpetual less than fee techniques, which will achieve the
 1129  objectives of Florida Forever and s. 570.71. Rules concerning
 1130  the application, acquisition, and priority ranking process for
 1131  such easements shall be developed pursuant to s. 570.71(11) s.
 1132  570.71(10) and as provided by this paragraph. The board shall
 1133  ensure that such rules are consistent with the acquisition
 1134  process provided for in s. 570.715. The rules developed pursuant
 1135  to s. 570.71(11) s. 570.71(10), shall also provide for the
 1136  following:
 1137         1. An annual priority list shall be developed pursuant to
 1138  s. 570.71(11) s. 570.71(10), submitted to the council for
 1139  review, and approved by the board pursuant to s. 259.04.
 1140         2. Terms of easements and acquisitions proposed pursuant to
 1141  this paragraph shall be approved by the board and may not be
 1142  delegated by the board to any other entity receiving funds under
 1143  this section.
 1144         3. All acquisitions pursuant to this paragraph shall
 1145  contain a clear statement that they are subject to legislative
 1146  appropriation.
 1147  
 1148  Funds provided under this paragraph may not be expended until
 1149  final adoption of rules by the board pursuant to s. 570.71.
 1150         Section 36. For the purpose of incorporating the amendment
 1151  made by this act to section 500.03, Florida Statutes, in a
 1152  reference thereto, paragraph (a) of subsection (4) of section
 1153  373.016, Florida Statutes, is reenacted to read:
 1154         373.016 Declaration of policy.—
 1155         (4)(a) Because water constitutes a public resource
 1156  benefiting the entire state, it is the policy of the Legislature
 1157  that the waters in the state be managed on a state and regional
 1158  basis. Consistent with this directive, the Legislature
 1159  recognizes the need to allocate water throughout the state so as
 1160  to meet all reasonable-beneficial uses. However, the Legislature
 1161  acknowledges that such allocations have in the past adversely
 1162  affected the water resources of certain areas in this state. To
 1163  protect such water resources and to meet the current and future
 1164  needs of those areas with abundant water, the Legislature
 1165  directs the department and the water management districts to
 1166  encourage the use of water from sources nearest the area of use
 1167  or application whenever practicable. Such sources shall include
 1168  all naturally occurring water sources and all alternative water
 1169  sources, including, but not limited to, desalination,
 1170  conservation, reuse of nonpotable reclaimed water and
 1171  stormwater, and aquifer storage and recovery. Reuse of potable
 1172  reclaimed water and stormwater shall not be subject to the
 1173  evaluation described in s. 373.223(3)(a)-(g). However, this
 1174  directive to encourage the use of water, whenever practicable,
 1175  from sources nearest the area of use or application shall not
 1176  apply to the transport and direct and indirect use of water
 1177  within the area encompassed by the Central and Southern Florida
 1178  Flood Control Project, nor shall it apply anywhere in the state
 1179  to the transport and use of water supplied exclusively for
 1180  bottled water as defined in s. 500.03(1)(d), nor shall it apply
 1181  to the transport and use of reclaimed water for electrical power
 1182  production by an electric utility as defined in s. 366.02(4).
 1183         Section 37. For the purpose of incorporating the amendment
 1184  made by this act to section 500.03, Florida Statutes, in a
 1185  reference thereto, subsection (3) of section 373.223, Florida
 1186  Statutes, is reenacted to read:
 1187         373.223 Conditions for a permit.—
 1188         (3) Except for the transport and use of water supplied by
 1189  the Central and Southern Florida Flood Control Project, and
 1190  anywhere in the state when the transport and use of water is
 1191  supplied exclusively for bottled water as defined in s.
 1192  500.03(1)(d), any water use permit applications pending as of
 1193  April 1, 1998, with the Northwest Florida Water Management
 1194  District and self-suppliers of water for which the proposed
 1195  water source and area of use or application are located on
 1196  contiguous private properties, when evaluating whether a
 1197  potential transport and use of ground or surface water across
 1198  county boundaries is consistent with the public interest,
 1199  pursuant to paragraph (1)(c), the governing board or department
 1200  shall consider:
 1201         (a) The proximity of the proposed water source to the area
 1202  of use or application.
 1203         (b) All impoundments, streams, groundwater sources, or
 1204  watercourses that are geographically closer to the area of use
 1205  or application than the proposed source, and that are
 1206  technically and economically feasible for the proposed transport
 1207  and use.
 1208         (c) All economically and technically feasible alternatives
 1209  to the proposed source, including, but not limited to,
 1210  desalination, conservation, reuse of nonpotable reclaimed water
 1211  and stormwater, and aquifer storage and recovery.
 1212         (d) The potential environmental impacts that may result
 1213  from the transport and use of water from the proposed source,
 1214  and the potential environmental impacts that may result from use
 1215  of the other water sources identified in paragraphs (b) and (c).
 1216         (e) Whether existing and reasonably anticipated sources of
 1217  water and conservation efforts are adequate to supply water for
 1218  existing legal uses and reasonably anticipated future needs of
 1219  the water supply planning region in which the proposed water
 1220  source is located.
 1221         (f) Consultations with local governments affected by the
 1222  proposed transport and use.
 1223         (g) The value of the existing capital investment in water
 1224  related infrastructure made by the applicant.
 1225  
 1226  Where districtwide water supply assessments and regional water
 1227  supply plans have been prepared pursuant to ss. 373.036 and
 1228  373.709, the governing board or the department shall use the
 1229  applicable plans and assessments as the basis for its
 1230  consideration of the applicable factors in this subsection.
 1231         Section 38. For the purpose of incorporating the amendment
 1232  made by this act to section 500.03, Florida Statutes, in a
 1233  reference thereto, paragraph (a) of subsection (2) of section
 1234  373.701, Florida Statutes, is reenacted to read:
 1235         373.701 Declaration of policy.—It is declared to be the
 1236  policy of the Legislature:
 1237         (2)(a) Because water constitutes a public resource
 1238  benefiting the entire state, it is the policy of the Legislature
 1239  that the waters in the state be managed on a state and regional
 1240  basis. Consistent with this directive, the Legislature
 1241  recognizes the need to allocate water throughout the state so as
 1242  to meet all reasonable-beneficial uses. However, the Legislature
 1243  acknowledges that such allocations have in the past adversely
 1244  affected the water resources of certain areas in this state. To
 1245  protect such water resources and to meet the current and future
 1246  needs of those areas with abundant water, the Legislature
 1247  directs the department and the water management districts to
 1248  encourage the use of water from sources nearest the area of use
 1249  or application whenever practicable. Such sources shall include
 1250  all naturally occurring water sources and all alternative water
 1251  sources, including, but not limited to, desalination,
 1252  conservation, reuse of nonpotable reclaimed water and
 1253  stormwater, and aquifer storage and recovery. Reuse of potable
 1254  reclaimed water and stormwater shall not be subject to the
 1255  evaluation described in s. 373.223(3)(a)-(g). However, this
 1256  directive to encourage the use of water, whenever practicable,
 1257  from sources nearest the area of use or application shall not
 1258  apply to the transport and direct and indirect use of water
 1259  within the area encompassed by the Central and Southern Florida
 1260  Flood Control Project, nor shall it apply anywhere in the state
 1261  to the transport and use of water supplied exclusively for
 1262  bottled water as defined in s. 500.03(1)(d), nor shall it apply
 1263  to the transport and use of reclaimed water for electrical power
 1264  production by an electric utility as defined in s. 366.02(4).
 1265         Section 39. For the 2023-2024 fiscal year, the sum of
 1266  $143,104 in nonrecurring funds is appropriated from the
 1267  Operating Trust Fund to the Department of Revenue for the
 1268  purpose of modifying the System for Unified Taxation to
 1269  implement the Florida farm TEAM card, as created by this act.
 1270         Section 40. This act shall take effect July 1, 2023.