THE BILL ITSELF
CS/CS/CS/SB 290
Department of Agriculture and Consumer Services
ENROLLED
2026
Legislature CS for CS for CS for SB 290, 1st Engrossed 2026290er
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An act relating to the Department of Agriculture and
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Consumer Services; creating s. 125.489, F.S.; defining
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the terms “gasoline-powered farm equipment” and
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“gasoline-powered landscape equipment”; prohibiting
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counties from enacting or enforcing any law that
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restricts or prohibits the use of gasoline-powered
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farm equipment or gasoline-powered landscape equipment
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or that distinguishes such equipment from any other
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equipment under certain circumstances; providing
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construction; amending s. 163.3164, F.S.; defining the
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terms “ecologically significant parcel” and “low
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density municipality”; amending s. 163.3202, F.S.;
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prohibiting an application for a development on an
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ecologically significant parcel in a low-density
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municipality from being administratively approved
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without an attestation provided by the developer;
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specifying requirements for such attestation;
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providing applicability; specifying requirements for
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the attestation included in certain applications;
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providing for a waiver; creating s. 166.063, F.S.;
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defining the terms “gasoline-powered farm equipment”
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and “gasoline-powered landscape equipment”;
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prohibiting municipalities from enacting or enforcing
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any law that restricts or prohibits the use of
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gasoline-powered farm equipment or gasoline-powered
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landscape equipment or that distinguishes such
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equipment from any other equipment under certain
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circumstances; providing construction; amending s.
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212.055, F.S.; conforming a cross-reference; making a
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technical change; amending s. 253.0341, F.S.;
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requiring the Acquisition and Restoration Council to
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determine whether certain surplused lands are suitable
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for bona fide agricultural purposes; prohibiting a
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local governmental entity from transferring future
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development rights for surplused lands determined to
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be suitable for bona fide agricultural purposes;
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requiring the Department of Environmental Protection,
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in coordination with the Department of Agriculture and
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Consumer Services, to determine whether certain state
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owned conservation lands are suitable for bona fide
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agricultural purposes; authorizing the Department of
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Environmental Protection to surplus certain state
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owned lands determined to be suitable for bona fide
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agricultural purposes; requiring the Department of
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Environmental Protection to retain a rural-lands
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protection easement for such surplused lands;
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requiring that all proceeds from the sale of such
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surplused lands be deposited in the Department of
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Agriculture and Consumer Services’ Incidental Trust
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Fund for less than fee simple; requiring the
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Department of Environmental Protection to annually
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provide a report of such surplused lands to the Board
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of Trustees of the Internal Improvement Trust Fund;
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prohibiting certain lands from being surplused;
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amending s. 259.1053, F.S.; deleting provisions
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relating to the Babcock Ranch Advisory Group; amending
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s. 287.1351, F.S.; revising circumstances under which
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a vendor is prohibited from submitting a bid,
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proposal, or reply to an agency or from entering into
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or renewing any contract to provide goods or services
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to an agency; amending s. 322.12, F.S.; providing
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penalties for an applicant for a commercial driver
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license who receives unauthorized assistance on
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certain portions of the examination; amending s.
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322.36, F.S.; prohibiting a person from knowingly or
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willfully providing unauthorized assistance to an
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applicant for the examination required to hold a
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commercial driver license; repealing ss. 377.71,
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377.711, and 377.712, F.S., relating to definitions
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and the Southern States Energy Compact, Florida as
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party to the Southern States Energy Compact, and
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Florida’s participation in the Southern States Energy
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Board, respectively; amending s. 403.0855, F.S.;
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deleting a provision relating to legislative approval
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of certain rules adopted by the Department of
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Environmental Protection; revising requirements for
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permittees of biosolids land application sites;
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revising the date by which permits must comply with
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specified provisions; requiring local governments that
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do not transport biosolids outside of their respective
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county boundaries to comply with specified provisions
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by a specified date; providing construction; amending
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s. 482.071, F.S.; requiring certain persons applying
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for a pest control business license or renewal to
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provide the department with a certificate of
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insurance; specifying requirements for such
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certificate of insurance; amending s. 482.161, F.S.;
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revising the severity of an administrative fine for
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violations of certain provisions; amending s. 482.165,
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F.S.; revising civil penalties; amending s. 489.105,
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F.S.; defining the terms “subcontractor” and
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“supplier”; creating s. 489.1295, F.S.; requiring
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licensed contractors to compensate subcontractors or
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suppliers for services, labor, or materials within a
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specified timeframe after receiving payment or in
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accordance with the terms of the contract for
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services, labor, or materials; providing an exception;
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providing disciplinary measures; amending s. 500.04,
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F.S.; revising the list of prohibited acts related to
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the prevention of fraud, harm, adulteration,
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misbranding, or false advertising in the preparation,
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production, manufacture, storage, or sale of food;
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repealing s. 500.81, F.S., relating to the Healthy
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Food Financing Initiative; amending s. 500.93, F.S.;
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making a technical change; amending s. 501.013, F.S.;
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authorizing the Department of Agriculture and Consumer
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Services to provide an exemption from certain health
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studio regulations; creating s. 501.062, F.S.;
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providing legislative intent; defining the terms
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“commercial solicitation” and “dwelling”; prohibiting
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a person from engaging in commercial solicitation
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under certain circumstances; specifying requirements
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for certain signage to be displayed on a property;
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providing penalties; amending s. 570.07, F.S.;
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authorizing the Department of Agriculture and Consumer
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Services to reorganize departmental units upon the
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approval of the Commissioner of Agriculture; amending
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s. 570.822, F.S.; providing additional eligibility
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requirements for the Agriculture and Aquaculture
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Producers Emergency Recovery Loan Program; creating s.
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570.832, F.S.; requiring the Florida Wildflower
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Foundation, Inc., in coordination with the Department
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of Agriculture and Consumer Services, to establish the
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Florida Native Seed Research and Marketing Program,
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subject to legislative appropriation; providing the
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purpose of the program; creating s. 570.846, F.S.;
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establishing the Florida Food Animal and Equine
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Veterinary Medicine Loan Repayment Program; providing
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the purpose of the program; defining terms; providing
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eligibility requirements for the program; authorizing
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the Department of Agriculture and Consumer Services to
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make loan principal repayments on behalf of eligible
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candidates up to a certain amount for a specified
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timeframe, subject to legislative appropriation;
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providing construction; authorizing the Department of
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Agriculture and Consumer Services to adopt rules;
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amending s. 570.85, F.S.; prohibiting a local
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government from requiring a property owner to obtain a
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rural event venue permit or license; amending s.
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570.86, F.S.; defining the term “rural event venue”;
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amending s. 573.112, F.S.; renaming the Citrus
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Research and Development Foundation, Inc., as the
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Citrus Research and Field Trial Foundation, Inc.;
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establishing the Citrus Research and Field Trial
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Foundation, Inc., as a direct-support organization of
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the Department of Agriculture and Consumer Services;
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revising provisions relating to membership; amending
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s. 581.031, F.S.; conforming a provision to changes
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made by the act; amending s. 583.01, F.S.; revising
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the definition of the term “dealer”; amending s.
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590.02, F.S.; revising the Florida Forest Service’s
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powers, authority, and duties; authorizing the Florida
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Forest Service to manage the Welaka Training Center;
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conforming provisions to changes made by the act;
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authorizing the Withlacoochee and Welaka Training
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Centers to assess fees for specified purposes as
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determined by the Florida Forest Service, regardless
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of where certain training occurs; renaming the Bonifay
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Forestry Station as the John Michael Mathis Forestry
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Station to honor the late John Michael Mathis;
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creating s. 595.421, F.S.; establishing the Farmers
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Feeding Florida Program for specified purposes;
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requiring Feeding Florida to take certain actions to
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implement the program; prohibiting the foods purchased
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by Feeding Florida through such program from
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reentering the wholesale, retail, or secondary market;
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prohibiting Feeding Florida from allowing a candidate
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for elective office to host a food distribution event
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during a specified timeframe; providing applicability;
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amending s. 597.004, F.S.; making a technical change;
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prohibiting the Department of Agriculture and Consumer
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Services from renewing a certificate of registration
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for a noncompliant facility unless certain
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documentation is provided with the renewal
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application; prohibiting entities whose certificate of
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registration has been revoked from reapplying for a
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specified period of time; amending s. 597.010, F.S.;
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authorizing, rather than requiring, the periodic
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adjustment of the annual rental fee charged for
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certain leases; amending s. 599.012, F.S.; making
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technical changes; amending s. 601.13, F.S.; renaming
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the Citrus Research and Development Foundation, Inc.,
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as the Citrus Research and Field Trial Foundation,
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Inc.; amending s. 616.001, F.S.; revising and deleting
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definitions relating to public fairs and expositions;
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amending s. 616.01, F.S.; revising application
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requirements for a proposed charter for an association
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to conduct a public fair or exposition; requiring the
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Department of Agriculture and Consumer Services to
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provide an applicant for a proposed charter with
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specified information upon the denial of a proposed
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charter; revising requirements for information that
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must be included in the proposed charter; amending s.
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616.02, F.S.; limiting the number of incorporated
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state fair associations per county; providing
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construction; authorizing the Department of
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Agriculture and Consumer Services to waive certain
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requirements at the discretion of the commissioner;
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authorizing fair associations incorporated before a
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certain date to conduct their affairs; deleting
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provisions relating to requirements for a proposed
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charter; amending s. 616.03, F.S.; revising
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requirements for the approval and recordation of the
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charter; amending s. 616.05, F.S.; revising the
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process by which a proposed charter amendment is
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incorporated into the original charter; amending s.
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616.051, F.S.; revising the circumstances under which
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a circuit judge is authorized to dissolve an
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association and order the distribution of its
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remaining assets; requiring that such assets be
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distributed to certain counties; amending s. 616.07,
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F.S.; deleting provisions relating to distribution of
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public funds after the dissolution of an association;
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amending s. 616.101, F.S.; specifying the basis for
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annual public fair attendance records; requiring a
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fair association to review its charter every 5 years
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and submit an updated copy of the charter to the
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Department of Agriculture and Consumer Services;
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requiring a designated member of the association to
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make an attestation; amending s. 616.15, F.S.; making
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a technical change; revising the information that an
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applicant must submit to the Department of Agriculture
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and Consumer Services for the department to issue a
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permit for an association to conduct a fair; revising
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the timeframe within which the Department of
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Agriculture and Consumer Services is required to issue
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the permit upon the receipt of specified information;
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making technical changes; deleting obsolete
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provisions; amending s. 616.251, F.S.; exempting the
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Florida State Fair Authority from specified
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provisions; amending s. 624.4032, F.S.; revising the
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definition of the term “nonprofit agricultural
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organization”; amending s. 843.085, F.S.; prohibiting
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a person from wearing or displaying an item that
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displays the words “concealed weapon permit” or
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“concealed weapon permitholder” with the intent to
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mislead another to believe that the person is
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authorized to wear or display such item; amending s.
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934.02, F.S.; defining the term “signal jamming
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device”; creating s. 934.51, F.S.; prohibiting the
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possession, manufacture, sale, importation,
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distribution, or use of a signal jamming device;
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providing exceptions; providing criminal penalties;
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providing for the merger and transfer of the Citrus
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Research and Development Foundation, Inc., into the
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Citrus Research and Field Trial Foundation, Inc.;
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requiring the completion of the merger by a specified
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date; providing that the merger is subject to
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specified provisions; providing for the transfer of
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funds; providing for the transfer of any program,
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activity, duty, or function; establishing the Citrus
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Research and Field Trial Foundation, Inc., as the
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custodian of any property of the Citrus Research and
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Development Foundation, Inc.; amending s. 288.1175,
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F.S.; conforming cross-references; reenacting ss.
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287.056(4) and 287.138(5), F.S., relating to
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disqualification for state term contract eligibility
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and contracting with entities of foreign countries of
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concern prohibited, respectively, to incorporate the
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amendment made to s. 287.1351, F.S., in references
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thereto; reenacting s. 500.177(1), F.S., relating to
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penalties for dissemination of a false advertisement,
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to incorporate the amendment made to s. 500.04, F.S.,
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in a reference thereto; reenacting s. 212.08(13),
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F.S., relating to taxation and specified exemptions,
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to incorporate the amendment made to s. 616.07, F.S.,
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in a reference thereto; reenacting s. 616.185, F.S.,
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relating to trespass upon grounds or facilities of a
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public fair, to incorporate the amendment made to s.
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616.15, F.S., in a reference thereto; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 125.489, Florida Statutes, is created to
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read:
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125.489 Preemption of restrictions on gasoline-powered farm
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equipment or gasoline-powered landscape equipment.—
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(1) As used in this section, the term:
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(a) “Gasoline-powered farm equipment” means any machine
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powered by an internal combustion engine or motor that uses
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gasoline, diesel, or a blend of gasoline and oil which is used
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on a farm or used to transport farm products.
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(b) “Gasoline-powered landscape equipment” means any
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machine powered by an internal combustion engine or motor that
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uses gasoline, diesel, or a blend of gasoline and oil which is
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used to provide landscape management or maintenance or to move
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leaves, dirt, grass, or other debris off of sidewalks,
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driveways, lawns, or other surfaces.
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(2) A county may not enact or enforce a resolution, an
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ordinance, a rule, a code, or a policy or take any action that
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restricts or prohibits the use of gasoline-powered farm
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equipment or gasoline-powered landscape equipment and may not
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create differing standards for such equipment or distinguish
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such equipment from any electric or similar equipment in a
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retail, manufacturer, or distributor setting.
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(3) This section does not prohibit or limit a county from
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encouraging the use of alternative farm or landscape equipment,
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such as battery-powered farm or landscape equipment.
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Section 2. Present subsections (18) through (30) and (31)
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through (54) of section 163.3164, Florida Statutes, are
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redesignated as subsections (19) through (31) and (33) through
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(56), respectively, and new subsections (18) and (32) are added
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to that section, to read:
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163.3164 Community Planning Act; definitions.—As used in
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this act:
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(18) “Ecologically significant parcel” means a parcel of
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land located within the boundaries of a low-density municipality
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which is currently undeveloped and has been designated as either
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rural, conservation, agricultural, or greenspace as provided by
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a local government comprehensive plan developed pursuant to s.
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163.3177.
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(32) “Low-density municipality” means a municipality
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existing on or before January 1, 2025, which is less than 2,500
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acres in total size and contains a population of 5,000 or fewer
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legal residents.
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Section 3. Present subsection (7) of section 163.3202,
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Florida Statutes, is redesignated as subsection (8), and a new
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subsection (7) is added to that section, to read:
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163.3202 Land development regulations.—
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(7)(a) Notwithstanding any ordinance to the contrary, an
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application for a development on an ecologically significant
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parcel in a low-density municipality may not be administratively
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approved without an attestation provided by the developer, under
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penalty of perjury, to the low-density municipality which states
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that the development will not exceed a maximum density of 1
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residential unit per 20 acres.
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(b) This subsection does not apply to applications for the
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construction of residential units on an ecologically significant
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parcel for the express purpose of providing housing for family
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members of the applicant. However, the applicant must provide an
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attestation, under penalty of perjury, to the low-density
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municipality which states that the residential units being
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constructed will be used for such express purpose before the
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administrative approval of an application for development.
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(c) The density requirements provided in this subsection
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may be waived upon a resolution approved by a unanimous vote of
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the commission or council of the low-density municipality.
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Section 4. Section 166.063, Florida Statutes, is created to
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read:
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166.063 Preemption of restrictions on gasoline-powered farm
343
equipment or gasoline-powered landscape equipment.—
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(1) As used in this section, the term:
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(a) “Gasoline-powered farm equipment” means a machine
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powered by an internal combustion engine or motor that uses
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gasoline, diesel, or a blend of gasoline and oil which is used
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on a farm or used to transport farm products.
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(b) “Gasoline-powered landscape equipment” means any
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machine powered by an internal combustion engine or motor that
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uses gasoline, diesel, or a blend of gasoline and oil which is
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used to provide landscape management or maintenance or to move
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leaves, dirt, grass, or other debris off of sidewalks,
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driveways, lawns, or other surfaces.
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(2) A municipality may not enact or enforce a resolution,
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an ordinance, a rule, a code, or a policy or take any action
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that restricts or prohibits the use of gasoline-powered farm
358
equipment or gasoline-powered landscape equipment and may not
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create differing standards for such equipment or distinguish
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such equipment from any electric or similar equipment in a
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retail, manufacturer, or distributor setting.
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(3) This section does not prohibit or limit a municipality
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from encouraging the use of alternative farm or landscape
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equipment, such as battery-powered farm or landscape equipment.
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Section 5. Paragraph (d) of subsection (2) of section
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212.055, Florida Statutes, is amended to read:
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212.055 Discretionary sales surtaxes; legislative intent;
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authorization and use of proceeds.—It is the legislative intent
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that any authorization for imposition of a discretionary sales
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surtax shall be published in the Florida Statutes as a
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subsection of this section, irrespective of the duration of the
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levy. Each enactment shall specify the types of counties
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authorized to levy; the rate or rates which may be imposed; the
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maximum length of time the surtax may be imposed, if any; the
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procedure which must be followed to secure voter approval, if
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required; the purpose for which the proceeds may be expended;
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and such other requirements as the Legislature may provide.
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Taxable transactions and administrative procedures shall be as
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provided in s. 212.054.
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(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
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(d) The proceeds of the surtax authorized by this
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subsection and any accrued interest shall be expended by the
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school district, within the county and municipalities within the
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county, or, in the case of a negotiated joint county agreement,
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within another county, to finance, plan, and construct
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infrastructure; to acquire any interest in land for public
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recreation, conservation, or protection of natural resources or
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to prevent or satisfy private property rights claims resulting
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from limitations imposed by the designation of an area of
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critical state concern; to provide loans, grants, or rebates to
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residential or commercial property owners who make energy
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efficiency improvements to their residential or commercial
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property, if a local government ordinance authorizing such use
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is approved by referendum; or to finance the closure of county
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owned or municipally owned solid waste landfills that have been
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closed or are required to be closed by order of the Department
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of Environmental Protection. Any use of the proceeds or interest
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for purposes of landfill closure before July 1, 1993, is
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ratified. The proceeds and any interest may not be used for the
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operational expenses of infrastructure, except that a county
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that has a population of fewer than 75,000 and that is required
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to close a landfill may use the proceeds or interest for long
403
term maintenance costs associated with landfill closure.
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Counties, as defined in s. 125.011, and charter counties may, in
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addition, use the proceeds or interest to retire or service
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indebtedness incurred for bonds issued before July 1, 1987, for
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infrastructure purposes, and for bonds subsequently issued to
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refund such bonds. Any use of the proceeds or interest for
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purposes of retiring or servicing indebtedness incurred for
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refunding bonds before July 1, 1999, is ratified.
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1. For the purposes of this paragraph, the term
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“infrastructure” means:
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a. Any fixed capital expenditure or fixed capital outlay
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associated with the construction, reconstruction, or improvement
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of public facilities that have a life expectancy of 5 or more
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years, any related land acquisition, land improvement, design,
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and engineering costs, and all other professional and related
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costs required to bring the public facilities into service. For
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purposes of this sub-subparagraph, the term “public facilities”
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has the same meaning means facilities as defined in s.
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163.3164(43) s. 163.3164(41) , s. 163.3221(13), or s. 189.012(5),
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and includes facilities that are necessary to carry out
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governmental purposes, including, but not limited to, fire
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stations, general governmental office buildings, and animal
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shelters, regardless of whether the facilities are owned by the
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local taxing authority or another governmental entity.
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b. A fire department vehicle, an emergency medical service
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vehicle, a sheriff’s office vehicle, a police department
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vehicle, or any other vehicle, and the equipment necessary to
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outfit the vehicle for its official use or equipment that has a
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life expectancy of at least 5 years.
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c. Any expenditure for the construction, lease, or
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maintenance of, or provision of utilities or security for,
434
facilities, as defined in s. 29.008.
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d. Any fixed capital expenditure or fixed capital outlay
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associated with the improvement of private facilities that have
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a life expectancy of 5 or more years and that the owner agrees
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to make available for use on a temporary basis as needed by a
439
local government as a public emergency shelter or a staging area
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for emergency response equipment during an emergency officially
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declared by the state or by the local government under s.
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252.38. Such improvements are limited to those necessary to
443
comply with current standards for public emergency evacuation
444
shelters. The owner must enter into a written contract with the
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local government providing the improvement funding to make the
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private facility available to the public for purposes of
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emergency shelter at no cost to the local government for a
448
minimum of 10 years after completion of the improvement, with
449
the provision that the obligation will transfer to any
450
subsequent owner until the end of the minimum period.
451
e. Any land acquisition expenditure for a residential
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housing project in which at least 30 percent of the units are
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affordable to individuals or families whose total annual
454
household income does not exceed 120 percent of the area median
455
income adjusted for household size, if the land is owned by a
456
local government or by a special district that enters into a
457
written agreement with the local government to provide such
458
housing. The local government or special district may enter into
459
a ground lease with a public or private person or entity for
460
nominal or other consideration for the construction of the
461
residential housing project on land acquired pursuant to this
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sub-subparagraph.
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f. Instructional technology used solely in a school
464
district’s classrooms. As used in this sub-subparagraph, the
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term “instructional technology” means an interactive device that
466
assists a teacher in instructing a class or a group of students
467
and includes the necessary hardware and software to operate the
468
interactive device. The term also includes support systems in
469
which an interactive device may mount and is not required to be
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affixed to the facilities.
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2. For the purposes of this paragraph, the term “energy
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efficiency improvement” means any energy conservation and
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efficiency improvement that reduces consumption through
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conservation or a more efficient use of electricity, natural
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gas, propane, or other forms of energy on the property,
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including, but not limited to, air sealing; installation of
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insulation; installation of energy-efficient heating, cooling,
478
or ventilation systems; installation of solar panels; building
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modifications to increase the use of daylight or shade;
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replacement of windows; installation of energy controls or
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energy recovery systems; installation of electric vehicle
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charging equipment; installation of systems for natural gas fuel
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as defined in s. 206.9951; and installation of efficient
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lighting equipment.
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3. Notwithstanding any other provision of this subsection,
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a local government infrastructure surtax imposed or extended
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after July 1, 1998, may allocate up to 15 percent of the surtax
488
proceeds for deposit into a trust fund within the county’s
489
accounts created for the purpose of funding economic development
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projects having a general public purpose of improving local
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economies, including the funding of operational costs and
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incentives related to economic development. The ballot statement
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must indicate the intention to make an allocation under the
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authority of this subparagraph.
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4. Surtax revenues that are shared with eligible charter
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schools pursuant to paragraph (c) shall be allocated among such
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schools based on each school’s proportionate share of total
498
school district capital outlay full-time equivalent enrollment
499
as adopted by the education estimating conference established in
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s. 216.136. Surtax revenues must be expended by the charter
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school in a manner consistent with the allowable uses provided
502
in s. 1013.62(4). All revenues and expenditures shall be
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accounted for in a charter school’s monthly or quarterly
504
financial statement pursuant to s. 1002.33(9). If a school’s
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charter is not renewed or is terminated and the school is
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dissolved under the provisions of law under which the school was
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organized, any unencumbered funds received under this paragraph
508
shall revert to the sponsor.
509
Section 6. Present subsection (19) of section 253.0341,
510
Florida Statutes, is redesignated as subsection (21), and new
511
subsection (19) and subsection (20) are added to that section,
512
to read:
513
253.0341 Surplus of state-owned lands.—
514
(19) The Acquisition and Restoration Council shall
515
determine whether any lands surplused by a local governmental
516
entity, as defined in s. 218.72, on or after January 1, 2024,
517
are suitable for bona fide agricultural purposes, as defined in
518
s. 193.461(3)(b). A local governmental entity may not transfer
519
future development rights for any surplused lands determined to
520
be suitable for bona fide agricultural purposes on or after
521
January 1, 2024.
522
(20) The Department of Environmental Protection, in
523
coordination with the Department of Agriculture and Consumer
524
Services, shall determine whether any state-owned conservation
525
lands acquired on or after January 1, 2024, are suitable for
526
bona fide agricultural purposes, as defined in s. 193.461(3)(b).
527
(a) Notwithstanding any other law or rule, the Department
528
of Environmental Protection may surplus state-owned conservation
529
lands acquired on or after January 1, 2024, determined to be
530
suitable for bona fide agricultural purposes.
531
(b) For all state-owned conservation lands determined to be
532
suitable for bona fide agricultural production and surplused by
533
the Department of Environmental Protection, the department shall
534
retain a rural-lands-protection easement pursuant to s.
535
570.71(3). All proceeds from the sale of such surplused lands
536
must be deposited into the Incidental Trust Fund within the
537
Department of Agriculture and Consumer Services for less than
538
fee simple land acquisition pursuant to ss. 570.71 and 570.715.
539
(c) By January 1, 2027, and each January 1 thereafter, the
540
Department of Environmental Protection shall provide a report of
541
state-owned conservation lands surplused pursuant to this
542
subsection to the Board of Trustees of the Internal Improvement
543
Trust Fund.
544
(d) Designated state forest lands, state park lands,
545
wildlife management areas, or lands within the boundaries of the
546
federally authorized and approved Comprehensive Everglades
547
Restoration Plan may not be surplused pursuant to this
548
subsection.
549
Section 7. Section 259.1053, Florida Statutes, is amended
550
to read:
551
259.1053 Babcock Ranch Preserve ; Babcock Ranch Advisory
552
Group .—
553
(1) SHORT TITLE.—This section may be cited as the “Babcock
554
Ranch Preserve Act.”
555
(2) DEFINITIONS.—As used in this section, the term:
556
(a) “Babcock Ranch Preserve” and “preserve” mean the lands
557
and facilities acquired in the purchase of the Babcock Crescent
558
B Ranch, as provided in s. 259.1052.
559
(b) “Commission” means the Fish and Wildlife Conservation
560
Commission.
561
(c) “Commissioner” means the Commissioner of Agriculture.
562
(d) “Department” means the Department of Agriculture and
563
Consumer Services.
564
(e) “Executive director” means the Executive Director of
565
the Fish and Wildlife Conservation Commission.
566
(f) “Financially self-sustaining” means having management
567
and operation expenditures not more than the revenues collected
568
from fees and other receipts for resource use and development
569
and from interest and invested funds.
570
(g) “Florida Forest Service” means the Florida Forest
571
Service of the Department of Agriculture and Consumer Services.
572
(h) “Multiple use” means the management of all of the
573
renewable surface resources of the Babcock Ranch Preserve to
574
best meet the needs of the public, including the use of the land
575
for some or all of the renewable surface resources or related
576
services over areas large enough to allow for periodic
577
adjustments in use to conform to the changing needs and
578
conditions of the preserve while recognizing that a portion of
579
the land will be used for some of the renewable surface
580
resources available on that land. The goal of multiple use is
581
the harmonious and coordinated management of the renewable
582
surface resources without impairing the productivity of the land
583
and considering the relative value of the renewable surface
584
resources, and not necessarily a combination of uses to provide
585
the greatest monetary return or the greatest unit output.
586
(i) “Sustained yield of the renewable surface resources”
587
means the achievement and maintenance of a high level of annual
588
or regular periodic output of the various renewable surface
589
resources of the preserve without impairing the productivity of
590
the land.
591
(3) CREATION OF BABCOCK RANCH PRESERVE.—
592
(a) Upon the date of acquisition of the Babcock Crescent B
593
Ranch, there is created the Babcock Ranch Preserve, which shall
594
be managed in accordance with the purposes and requirements of
595
this section.
596
(b) The preserve is established to protect and preserve the
597
environmental, agricultural, scientific, scenic, geologic,
598
watershed, fish, wildlife, historic, cultural, and recreational
599
values of the preserve, and to provide for the multiple use and
600
sustained yield of the renewable surface resources within the
601
preserve consistent with this section.
602
(c) This section does not preclude the use of common
603
varieties of mineral materials such as sand, stone, and gravel
604
for construction and maintenance of roads and facilities within
605
the preserve.
606
(d) This section does not affect the constitutional
607
responsibilities of the commission in the exercise of its
608
regulatory and executive power with respect to wild animal life
609
and freshwater aquatic life, including the regulation of
610
hunting, fishing, and trapping within the preserve.
611
(e) This section does not interfere with or prevent the
612
implementation of agricultural practices authorized by the
613
agricultural land use designations established in the local
614
comprehensive plans of either Charlotte County or Lee County as
615
those plans apply to the Babcock Ranch Preserve.
616
(f) This section does not preclude the maintenance and use
617
of roads and trails or the relocation of roads in existence on
618
the effective date of this section, or the construction,
619
maintenance, and use of new trails, or any motorized access
620
necessary for the administration of the land contained within
621
the preserve, including motorized access necessary for
622
emergencies involving the health or safety of persons within the
623
preserve.
624
(4) BABCOCK RANCH ADVISORY GROUP.—
625
(a) The purpose of the Babcock Ranch Advisory Group is to
626
assist the department by providing guidance and advice
627
concerning the management and stewardship of the Babcock Ranch
628
Preserve.
629
(b) The Babcock Ranch Advisory Group shall be comprised of
630
nine members appointed to 5-year terms. Based on recommendations
631
from the Governor and Cabinet, the commission, and the governing
632
boards of Charlotte County and Lee County, the commissioner
633
shall appoint members as follows:
634
1. One member with experience in sustainable management of
635
forest lands for commodity purposes.
636
2. One member with experience in financial management,
637
budget and program analysis, and small business operations.
638
3. One member with experience in management of game and
639
nongame wildlife and fish populations, including hunting,
640
fishing, and other recreational activities.
641
4. One member with experience in domesticated livestock
642
management, production, and marketing, including range
643
management and livestock business management.
644
5. One member with experience in agriculture operations or
645
forestry management.
646
6. One member with experience in hunting, fishing, nongame
647
species management, or wildlife habitat management, restoration,
648
and conservation.
649
7. One member with experience in public outreach and
650
education.
651
8. One member who is a resident of Lee County, to be
652
designated by the Board of County Commissioners of Lee County.
653
9. One member who is a resident of Charlotte County, to be
654
designated by the Board of County Commissioners of Charlotte
655
County.
657
Vacancies will be filled in the same manner in which the
658
original appointment was made. A member appointed to fill a
659
vacancy shall serve for the remainder of that term.
660
(c) Members of the Babcock Ranch Advisory Group shall:
661
1. Elect a chair and vice chair from among the group
662
members.
663
2. Meet regularly as determined by the chair.
664
3. Serve without compensation but shall receive
665
reimbursement for travel and per diem expenses as provided in s.
666
112.061.
667
(4) (5) MANAGEMENT OF PRESERVE; FEES.—
668
(a) The department shall assume all authority provided by
669
this section to manage and operate the preserve as a working
670
ranch upon the termination or expiration of the management
671
agreement attached as Exhibit “E” to that certain agreement for
672
sale and purchase approved by the Board of Trustees of the
673
Internal Improvement Trust Fund on November 22, 2005, and by Lee
674
County on November 20, 2005.
675
(b) Upon assuming management and operation of the preserve,
676
the department shall:
677
1. Manage and operate the preserve and the uses thereof,
678
including, but not limited to, the activities necessary to
679
administer and operate the preserve as a working ranch; the
680
activities necessary for the preservation and development of the
681
land and renewable surface resources of the preserve; the
682
activities necessary for interpretation of the history of the
683
preserve on behalf of the public; the activities necessary for
684
the management, public use, and occupancy of facilities and
685
lands within the preserve; and the maintenance, rehabilitation,
686
repair, and improvement of property within the preserve.
687
2. Develop programs and activities relating to the
688
management of the preserve as a working ranch.
689
3. Establish procedures for entering into lease agreements
690
and other agreements for the use and occupancy of the facilities
691
of the preserve. The procedures shall ensure reasonable
692
competition and set guidelines for determining reasonable fees,
693
terms, and conditions for such agreements.
694
4. Assess reasonable fees for admission to, use of, and
695
occupancy of the preserve to offset costs of operating the
696
preserve as a working ranch. These fees are independent of fees
697
assessed by the commission for the privilege of hunting,
698
fishing, or pursuing outdoor recreational activities within the
699
preserve, and shall be deposited into the Incidental Trust Fund
700
of the Florida Forest Service, subject to appropriation by the
701
Legislature.
702
(c) The commission, in cooperation with the department,
703
shall:
704
1. Establish and implement public hunting and other fish
705
and wildlife management activities. Tier I and Tier II public
706
hunting opportunities shall be provided consistent with the
707
management plan and the recreation master plan. Tier I public
708
hunting shall provide hunting opportunities similar to those
709
offered on wildlife management areas with an emphasis on youth
710
and family-oriented hunts. Tier II public hunting shall be
711
provided specifically by fee-based permitting to ensure
712
compatibility with livestock grazing and other essential
713
agricultural operations on the preserve.
714
2. Establish and administer permit fees for Tier II public
715
hunting to capitalize on the value of hunting on portions of the
716
preserve and to help ensure the preserve is financially self
717
sufficient. The fees shall be deposited into the State Game
718
Trust Fund of the Fish and Wildlife Conservation Commission to
719
be used to offset the costs of providing public hunting and to
720
support fish and wildlife management and other land management
721
activities on the preserve.
722
(d) The Board of Trustees of the Internal Improvement Trust
723
Fund or its designated agent may:
724
1. Negotiate directly with and enter into such agreements,
725
leases, contracts, and other arrangements with any person, firm,
726
association, organization, corporation, or governmental entity,
727
including entities of federal, state, and local governments, as
728
are necessary and appropriate to carry out the purposes and
729
activities authorized by this section.
730
2. Grant privileges, leases, concessions, and permits for
731
the use of land for the accommodation of visitors to the
732
preserve, provided no natural curiosities or objects of interest
733
shall be granted, leased, or rented on such terms as shall deny
734
or interfere with free access to them by the public. Such
735
grants, leases, and permits may be made and given without
736
advertisement or securing competitive bids. Such grants, leases,
737
or permits may not be assigned or transferred by any grantee
738
without consent of the Board of Trustees of the Internal
739
Improvement Trust Fund or its designated agent.
740
(5) (6) DISSOLUTION OF BABCOCK RANCH, INC.—Upon dissolution
741
of the Babcock Ranch, Inc., all statutory powers, duties,
742
functions, records, personnel, property, and unexpended balances
743
of appropriations, allocations, and other funds of the
744
corporation shall be transferred to the Department of
745
Agriculture and Consumer Services unless otherwise provided by
746
law. Any cash balances of funds shall revert to the Incidental
747
Trust Fund of the Florida Forest Service.
748
Section 8. Paragraph (a) of subsection (2) of section
749
287.1351, Florida Statutes, is amended, and subsection (3) of
750
that section is republished, to read:
751
287.1351 Suspended vendors; state contracts.—
752
(2)(a) A vendor that is in default on any contract with an
753
agency , has failed to timely compensate its subcontractors or
754
suppliers, or has otherwise repeatedly demonstrated a recent
755
inability to fulfill the terms and conditions of previous state
756
contracts or to adequately perform its duties under those
757
contracts may not submit a bid, proposal, or reply to an agency
758
or enter into or renew a contract to provide any goods or
759
services to an agency after its placement, pursuant to this
760
section, on the suspended vendor list.
761
(3) An agency shall notify the department of any vendor
762
that has met the grounds for suspension described in paragraph
763
(2)(a). The agency must provide documentation to the department
764
evidencing the vendor’s default or other grounds for suspension.
765
The department shall review the documentation provided and
766
determine whether good cause exists to remove the vendor from
767
the vendor list and to place it on the suspended vendor list. If
768
good cause exists, the department must notify the vendor in
769
writing of its intent to remove the vendor from the vendor list
770
and of the vendor’s right to an administrative hearing and the
771
applicable procedures and time requirements for any such
772
hearing. If the vendor does not request an administrative
773
hearing, the department must enter a final order removing the
774
vendor from the vendor list. A vendor may not be removed from
775
the vendor list without receiving an individual notice of intent
776
from the department.
777
Section 9. Paragraph (c) is added to subsection (4) of
778
section 322.12, Florida Statutes, to read:
779
322.12 Examination of applicants.—
780
(4) The examination for an applicant for a commercial
781
driver license shall include a test of the applicant’s eyesight
782
given by a driver license examiner designated by the department
783
or by a licensed ophthalmologist, optometrist, or physician and
784
a test of the applicant’s hearing given by a driver license
785
examiner or a licensed physician. The examination shall also
786
include a test of the applicant’s ability to read and understand
787
highway signs regulating, warning, and directing traffic; his or
788
her knowledge of the traffic laws of this state pertaining to
789
the class of motor vehicle which he or she is applying to be
790
licensed to operate, including laws regulating driving under the
791
influence of alcohol or controlled substances, driving with an
792
unlawful blood-alcohol level, and driving while intoxicated; his
793
or her knowledge of the effects of alcohol and controlled
794
substances and the dangers of driving a motor vehicle after
795
having consumed alcohol or controlled substances; and his or her
796
knowledge of any special skills, requirements, or precautions
797
necessary for the safe operation of the class of vehicle which
798
he or she is applying to be licensed to operate. In addition,
799
the examination shall include an actual demonstration of the
800
applicant’s ability to exercise ordinary and reasonable control
801
in the safe operation of a motor vehicle or combination of
802
vehicles of the type covered by the license classification which
803
the applicant is seeking, including an examination of the
804
applicant’s ability to perform an inspection of his or her
805
vehicle.
806
(c) An applicant for a commercial driver license who
807
receives unauthorized assistance from another person in
808
completing the portion of the examination which tests the
809
applicant’s ability to read and understand highway signs
810
regulating, warning, and directing traffic or his or her
811
knowledge of the traffic laws of this state pertaining to the
812
class of motor vehicle for which he or she is applying to be
813
licensed to operate, including laws regulating driving under the
814
influence of alcohol or controlled substances, driving with an
815
unlawful blood-alcohol level, and driving while intoxicated,
816
commits a misdemeanor of the second degree, punishable as
817
provided in s. 775.082 or s. 775.083.
818
Section 10. Section 322.36, Florida Statutes, is amended to
819
read:
820
322.36 Permitting unauthorized operator to drive.—
821
(1) A person may not authorize or knowingly permit a motor
822
vehicle owned by him or her or under his or her dominion or
823
control to be operated upon any highway or public street except
824
by a person who is duly authorized to operate a motor vehicle
825
under this chapter.
826
(2) A person may not knowingly or willfully provide
827
unauthorized assistance to an applicant for the examination
828
required to hold a commercial driver license pursuant to s.
829
322.12(4).
830
(3) A Any person who violates this section commits a
831
misdemeanor of the second degree, punishable as provided in s.
832
775.082 or s. 775.083. If a person violates this section by
833
knowingly loaning a vehicle to a person whose driver license is
834
suspended and if that vehicle is involved in an accident
835
resulting in bodily injury or death, the driver license of the
836
person violating this section must shall be suspended for 1
837
year.
838
Section 11. Section 377.71, Florida Statutes, is repealed.
839
Section 12. Section 377.711, Florida Statutes, is repealed.
840
Section 13. Section 377.712, Florida Statutes, is repealed.
841
Section 14. Present paragraphs (a) and (b) of subsection
842
(3) of section 403.0855, Florida Statutes, are redesignated as
843
paragraphs (b) and (c), respectively, a new paragraph (a) is
844
added to that subsection, and subsections (2) and (4) of that
845
section are amended, to read:
846
403.0855 Biosolids management.—
847
(2) The department shall adopt rules for biosolids
848
management. Rules adopted by the department pursuant to this
849
section may not take effect until ratified by the Legislature.
850
(3) For a new land application site permit or a permit
851
renewal issued after July 1, 2020, the permittee of a biosolids
852
land application site shall:
853
(a) Ensure that only Class AA biosolids are applied to the
854
soil.
855
(4) (a) All permits shall comply with the requirements of
856
paragraph (3)(a) subsection (3) by July 1, 2028 2022 .
857
(b) Local governments that do not transport biosolids for
858
land application outside of their respective county boundaries
859
shall comply with the requirements of paragraph (3)(a) by July
860
1, 2031. This paragraph may not be construed to prohibit the
861
transportation of Class B biosolids by a local government
862
outside of its boundaries to a Class AA biosolids treatment
863
facility or waste-to-energy facility located within the
864
boundaries of another local government.
865
Section 15. Present subsection (5) of section 482.071,
866
Florida Statutes, is redesignated as subsection (6), and a new
867
subsection (5) is added to that section, to read:
868
482.071 Licenses.—
869
(5) Each person applying for a pest control business
870
license or renewal thereof who will offer and perform
871
fumigations as a part of his or her regular business operations
872
must furnish to the department a certificate of insurance that
873
meets the requirement for minimum financial responsibility for
874
bodily injury and property damage, consisting of:
875
(a) Bodily injury coverage of $1 million per person and $2
876
million per occurrence; and property damage coverage of $1
877
million per occurrence and $2 million in the aggregate; or
878
(b) Combined single-limit coverage of $2 million in the
879
aggregate.
880
Section 16. Subsection (7) of section 482.161, Florida
881
Statutes, is amended to read:
882
482.161 Disciplinary grounds and actions; reinstatement.—
883
(7) The department, pursuant to chapter 120, in addition to
884
or in lieu of any other remedy provided by state or local law,
885
may impose an administrative fine in the Class III II category
886
pursuant to s. 570.971 for a violation of this chapter or of the
887
rules adopted pursuant to this chapter. In determining the
888
amount of fine to be levied for a violation, the following
889
factors shall be considered:
890
(a) The severity of the violation, including the
891
probability that the death, or serious harm to the health or
892
safety, of any person will result or has resulted; the severity
893
of the actual or potential harm; and the extent to which this
894
chapter or the rules adopted pursuant to this chapter were
895
violated;
896
(b) Any actions taken by the licensee or certified operator
897
in charge, or limited certificateholder, to correct the
898
violation or to remedy complaints;
899
(c) Any previous violations of this chapter or of the rules
900
adopted pursuant to this chapter; and
901
(d) The cost to the department of investigating the
902
violation.
903
Section 17. Subsections (3) and (5) of section 482.165,
904
Florida Statutes, are amended to read:
905
482.165 Unlicensed practice of pest control; cease and
906
desist order; injunction; civil suit and penalty.—
907
(3) In addition to or in lieu of any remedy provided under
908
subsection (2), the department may institute a civil suit in
909
circuit court to recover a civil penalty for any violation for
910
which the department may issue a notice to cease and desist
911
under subsection (2). The civil penalty shall be in the Class
912
III II category pursuant to s. 570.971 for each offense. The
913
court may also award to the prevailing party court costs and
914
reasonable attorney fees.
915
(5) In addition to or in lieu of any remedy provided under
916
subsections (2) and (3), the department may, even in the case of
917
a first offense, impose a fine not less than twice the cost of a
918
pest control business license, but not more than a fine in the
919
Class III II category pursuant to s. 570.971, upon a
920
determination by the department that a person is in violation of
921
subsection (1). For the purposes of this subsection, the lapse
922
of a previously issued license for a period of less than 1 year
923
is not considered a violation.
924
Section 18. Subsections (20) and (21) are added to section
925
489.105, Florida Statutes, to read:
926
489.105 Definitions.—As used in this part:
927
(20) “Subcontractor” has the same meaning as in s. 558.002.
928
(21) “Supplier” has the same meaning as in s. 558.002.
929
Section 19. Section 489.1295, Florida Statutes, is created
930
to read:
931
489.1295 Prohibition against nonpayment.—
932
(1) A licensed contractor must compensate a subcontractor
933
or supplier, unless there is a bona fide dispute regarding the
934
amount due, if any, for services, labor, or materials:
935
(a) Within 45 days after receiving payment for the services
936
performed or materials supplied by the subcontractor or
937
supplier; or
938
(b) In accordance with the terms of the contract for such
939
services, labor, or materials.
940
(2) A licensed contractor who knowingly or willfully
941
violates this section is subject to disciplinary proceedings as
942
provided in s. 489.129.
943
Section 20. Subsection (6) of section 500.04, Florida
944
Statutes, is amended to read:
945
500.04 Prohibited acts.—The following acts and the causing
946
thereof within the state are prohibited:
947
(6) The obstruction of or refusal to permit entry or
948
inspection, or to permit the taking of a sample, as authorized
949
by s. 500.147.
950
Section 21. Section 500.81, Florida Statutes, is repealed.
951
Section 22. Subsection (5) of section 500.93, Florida
952
Statutes, is amended to read:
953
500.93 Mislabeling of plant-based products as milk, meat,
954
or poultry.—
955
(5) The Department of Agriculture and Consumer Services
956
shall notify the Division of Law Revision upon the enactment
957
into law by any 11 of the group of 14 states composed of
958
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
959
Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
960
Texas, Virginia, and West Virginia of the mandatory labeling
961
requirements pursuant to paragraphs (2)(a), (3)(a), and (4)(a)
962
subsections (2) and (3) .
963
Section 23. Section 501.013, Florida Statutes, is amended
964
to read:
965
501.013 Health studios; exemptions.—
966
(1) The following businesses or activities may be declared
967
exempt from the provisions of ss. 501.012-501.019 upon the
968
filing of an affidavit with the department establishing that the
969
stated qualifications are met:
970
(a) (1) A bona fide nonprofit organization which has been
971
granted tax-exempt status by the Internal Revenue Service.
972
(b) (2) A gymnastics school which engages only in
973
instruction and training and in which exercise is only
974
incidental to such instruction and training.
975
(c) (3) A golf, tennis, or racquetball club in which sports
976
play is the only activity offered by the club. If the facility
977
offers the use of physical exercise equipment, this exemption
978
shall not apply.
979
(d) (4) A program or facility which is offered and used
980
solely for the purpose of dance, aerobic exercise, or martial
981
arts, and which utilizes no physical exercise equipment.
982
(e) (5) A country club that has as its primary function the
983
provision of a social life and recreational amenities to its
984
members, and for which a program of physical exercise is merely
985
incidental to membership. As used in this paragraph subsection ,
986
the term “country club” means a facility that offers its members
987
a variety of services that may include, but need not be limited
988
to, social activities; dining, banquet, catering, and lounge
989
facilities; swimming; yachting; golf; tennis; card games such as
990
bridge and canasta; and special programs for members’ children.
991
Upon the filing of an affidavit with the department establishing
992
that the stated qualifications of this paragraph subsection were
993
met before July 1, 1997, this paragraph subsection will apply
994
retroactively to the date that the country club met these
995
qualifications.
996
(f) (6) A program or facility that is offered by an
997
organization for the exclusive use of its employees and their
998
family members.
999
(2) In addition to the businesses and activities listed in
1000
subsection (1), the department may exempt any other business or
1001
activity not in existence as of July 1, 2026, from ss. 501.012
1002
501.019.
1003
Section 24. Section 501.062, Florida Statutes, is created
1004
to read:
1005
501.062 Unauthorized commercial solicitation; legislative
1006
intent; definitions; prohibited acts; penalties.—
1007
(1) LEGISLATIVE INTENT.—It is the intent of the Legislature
1008
to protect, preserve, and promote the safety, welfare, and peace
1009
of the citizens of this state by adopting measures to reduce the
1010
threat to private property rights, including the right to
1011
exclude and to be free from trespass of unauthorized commercial
1012
solicitation on private property when noticed by the property
1013
owner. It is the intent of this section to protect such private
1014
property rights by creating a uniform standard for notifying
1015
individuals or groups of individuals that commercial
1016
solicitation is prohibited on private property.
1017
(2) DEFINITIONS.—As used in this section, the term:
1018
(a) “Commercial solicitation” means the act of attempting
1019
to sell goods or services, or to raise funds for a commercial
1020
purpose, through direct or indirect contact with individuals,
1021
including, but not limited to, using words, body gestures, or
1022
signs, on behalf of a business or commercial entity.
1023
(b) “Dwelling” has the same meaning as in s. 810.011(2).
1024
(3) PROHIBITED ACTS.—A person may not engage in commercial
1025
solicitation on any dwelling that clearly and prominently
1026
displays a sign that is no less than 8.5 by 11 inches, is
1027
visible to any person approaching the dwelling, and clearly
1028
displays a statement which identifies the dwelling as private
1029
property on which commercial solicitation is prohibited, in
1030
substantially the following manner with letters at least 1 inch
1031
in height:
1033
THIS DWELLING IS DESIGNATED PRIVATE PROPERTY. NO
1034
COMMERCIAL SOLICITATION IS PERMITTED PURSUANT TO
1035
SECTION 501.062, FLORIDA STATUTES.
1037
(4) PENALTIES.—A person who violates subsection (3) commits
1038
a noncriminal violation, punishable as provided in s. 775.083. A
1039
person who commits a second or subsequent violation commits a
1040
misdemeanor of the second degree, punishable as provided in s.
1041
775.082 or s. 775.083.
1042
Section 25. Subsection (50) is added to section 570.07,
1043
Florida Statutes, to read:
1044
570.07 Department of Agriculture and Consumer Services;
1045
functions, powers, and duties.—The department shall have and
1046
exercise the following functions, powers, and duties:
1047
(50) Notwithstanding s. 20.04(7), to reorganize
1048
departmental units upon the approval of the commissioner.
1049
Section 26. Paragraph (c) is added to subsection (3) of
1050
section 570.822, Florida Statutes, to read:
1051
570.822 Agriculture and Aquaculture Producers Emergency
1052
Recovery Loan Program.—
1053
(3) ELIGIBLE APPLICANTS.—To be eligible for the program, an
1054
applicant must:
1055
(c) Be a United States citizen and a legal resident of this
1056
state before or on the date of the declared emergency. If the
1057
applicant is an entity as defined in s. 605.0102, the entity
1058
must be wholly owned and operated in the United States and
1059
possess an active certificate of status issued by the Department
1060
of State pursuant to chapter 605.
1061
Section 27. Section 570.832, Florida Statutes, is created
1062
to read:
1063
570.832 Florida Native Seed Research and Marketing
1064
Program.—The Florida Wildflower Foundation, Inc., in
1065
coordination with the department, shall, subject to
1066
appropriation, establish the Florida Native Seed Research and
1067
Marketing Program to conduct research designed to expand the
1068
availability and uses of native seeds and strengthen the market
1069
position of this state’s native seed industry through marketing
1070
campaigns and promotions in this state and across the nation.
1071
Section 28. Section 570.846, Florida Statutes, is created
1072
to read:
1073
570.846 Florida Food Animal and Equine Veterinary Medicine
1074
Loan Repayment Program.—
1075
(1) PURPOSE.—To encourage specialized and qualified
1076
veterinary professionals to practice in this state, to retain
1077
the employment of such professionals in this state, and to
1078
promote the care and treatment of food animals and equine
1079
animals, there is established the Florida Food Animal and Equine
1080
Veterinary Medicine Loan Repayment Program. The purpose of the
1081
program is to authorize the department to make payments that
1082
offset loans incurred, for up to three new eligible candidates
1083
annually, for studies leading to a veterinary degree with a
1084
specialization in food animal or equine veterinary medicine.
1085
(2) DEFINITIONS.—As used in this section, the term:
1086
(a) “Equine” means a species of animal belonging to the
1087
taxonomic family equidae, which includes horses and donkeys.
1088
(b) “Food animal” means a species of animal raised for the
1089
human food supply. Food animals include cattle, swine, sheep,
1090
goat, poultry, aquaculture, and apiary species.
1091
(c) “Food animal and equine animal veterinary medicine”
1092
means a veterinary medical practice that encompasses medical
1093
care, disease prevention, and consultation on the feeding,
1094
housing, and overall flock, herd, or equine health management.
1095
(d) “Food animal or equine veterinarian” means a
1096
veterinarian working in food and equine animal veterinary
1097
medicine who focuses on the management and health of such
1098
animals and who spends a minimum of 20 hours per week on food
1099
animal species or equine animal species care and treatment.
1100
(3) ELIGIBILITY.—To be eligible for the program, a
1101
candidate must have graduated from an American Veterinary
1102
Medical Association-accredited college of veterinary medicine,
1103
have received a Florida veterinary medical license, have
1104
obtained a Category II Accreditation from the United States
1105
Department of Agriculture, and be a practicing food animal or
1106
equine animal veterinarian in this state.
1107
(4) FUNDING.—Subject to legislative appropriation, the
1108
department may make loan principal repayments of up to $25,000
1109
per eligible candidate per year. Loan principal repayments may
1110
be made on behalf of each eligible candidate each year for up to
1111
5 years. The department may select up to three new eligible
1112
candidates each year. All repayments are contingent upon
1113
continued proof of employment in this state as a practicing food
1114
animal or equine animal veterinarian.
1115
(5) DUPLICATION OF FINANCIAL ASSISTANCE.—An eligible
1116
candidate receiving financial assistance from the federal
1117
veterinary medicine loan repayment program as established in 7
1118
U.S.C. part 3151a is ineligible to receive financial assistance
1119
from the program under this section.
1120
(6) RULEMAKING.—The department may adopt any rule necessary
1121
for the administration of the program.
1122
Section 29. Subsection (1) of section 570.85, Florida
1123
Statutes, is amended to read:
1124
570.85 Agritourism.—
1125
(1) It is the intent of the Legislature to promote
1126
agritourism as a way to support bona fide agricultural
1127
production by providing a stream of revenue and by educating the
1128
general public about the agricultural industry. It is also the
1129
intent of the Legislature to eliminate duplication of regulatory
1130
authority over agritourism as expressed in this section. Except
1131
as otherwise provided for in this section, and notwithstanding
1132
any other law, a local government may not adopt or enforce a
1133
local ordinance, regulation, rule, or policy that prohibits,
1134
restricts, regulates, or otherwise limits an agritourism
1135
activity on land classified as agricultural land under s.
1136
193.461 , and may not require a property owner to obtain a rural
1137
event venue permit or license . This subsection does not limit
1138
the powers and duties of a local government to address
1139
substantial offsite impacts of agritourism activities or an
1140
emergency as provided in chapter 252.
1141
Section 30. Subsection (6) is added to section 570.86,
1142
Florida Statutes, to read:
1143
570.86 Definitions.—As used in ss. 570.85-570.89, the term:
1144
(6) “Rural event venue” means a venue located on property
1145
classified as agricultural pursuant to s. 193.461 and used for
1146
special functions, such as weddings, receptions, corporate
1147
meetings, or similar gatherings.
1148
Section 31. Subsection (7) of section 573.112, Florida
1149
Statutes, is amended to read:
1150
573.112 Advisory council.—
1151
(7) Notwithstanding any provision of this section, the
1152
Citrus Research and Field Trial Development Foundation, Inc., a
1153
direct-support organization of the Department of Agriculture and
1154
Consumer Services University of Florida established pursuant to
1155
s. 570.691 s. 1004.28 , shall serve as the advisory council for a
1156
citrus research marketing order, provide the department with
1157
advice on administering the order, and, in accordance with the
1158
order, conduct citrus research and perform other duties assigned
1159
by the department. Notwithstanding s. 570.691 s. 1004.28(3) or
1160
any provision of this section, the foundation’s board of
1161
directors shall be composed of the Florida State Plant Health
1162
Inspection Service Director and, appointed by the Commissioner
1163
of Agriculture, 7 members who are 13 members, including 10
1164
citrus growers, 2 representatives of the university’s Institute
1165
of Food and Agricultural Sciences, and 1 member who is a Florida
1166
citrus nursery representative. Members of the board of directors
1167
shall serve without compensation but appointed by the
1168
Commissioner of Agriculture, who are each entitled to
1169
reimbursement from the foundation for per diem and travel
1170
expenses as provided in s. 112.061.
1171
Section 32. Subsection (32) of section 581.031, Florida
1172
Statutes, is amended to read:
1173
581.031 Department; powers and duties.—The department has
1174
the following powers and duties:
1175
(32) To conduct or cause to be conducted research projects,
1176
including, but not limited to, citrus canker and citrus
1177
greening, which are recommended by the Citrus Research and Field
1178
Trial Development Foundation, Inc., within the limits of
1179
appropriations made specifically for such purpose.
1180
Section 33. Subsection (4) of section 583.01, Florida
1181
Statutes, is amended to read:
1182
583.01 Definitions.—For the purpose of this chapter, unless
1183
elsewhere indicated, the term:
1184
(4) “Dealer” means a person, firm, or corporation,
1185
including a producer, processor, retailer, or wholesaler, that
1186
sells, offers for sale, or holds for the purpose of sale in this
1187
state 30 dozen or more eggs or its equivalent in any one week,
1188
or more than 20,000 384 dressed birds annually in any one week .
1189
Section 34. Section 590.02, Florida Statutes, is amended to
1190
read:
1191
590.02 Florida Forest Service; powers, authority, and
1192
duties; liability; building structures; Withlacoochee and Welaka
1193
Training Centers Center .—
1194
(1) The Florida Forest Service has the following powers,
1195
authority, and duties to:
1196
(a) Enforce the provisions of this chapter;
1197
(b) Prevent, detect, and suppress wildfires wherever they
1198
may occur on public or private land in this state and do all
1199
things necessary in the exercise of such powers, authority, and
1200
duties;
1201
(c) Provide firefighting crews, who shall be under the
1202
control and direction of the Florida Forest Service and its
1203
designated agents;
1204
(d) Appoint center managers, forest area supervisors,
1205
forestry program administrators, a forest protection bureau
1206
chief, a forest protection assistant bureau chief, a field
1207
operations bureau chief, deputy chiefs of field operations,
1208
district managers, forest operations administrators, senior
1209
forest rangers, investigators, forest rangers, firefighter
1210
rotorcraft pilots, and other employees who may, at the Florida
1211
Forest Service’s discretion, be certified as forestry
1212
firefighters pursuant to s. 633.408(8). Other law
1213
notwithstanding, center managers, district managers, forest
1214
protection assistant bureau chief, and deputy chiefs of field
1215
operations have Selected Exempt Service status in the state
1216
personnel designation;
1217
(e) Develop a training curriculum for wildland firefighters
1218
which must contain a minimum of 40 hours of structural
1219
firefighter training, a minimum of 40 hours of emergency medical
1220
training, and a minimum of 376 hours of wildfire training;
1221
(f) Pay the cost of the initial commercial driver license
1222
examination fee , and renewal for those employees whose position
1223
requires them to operate equipment requiring a license. This
1224
paragraph is intended to be an authorization to the department
1225
to pay such costs, not an obligation;
1226
(g) Provide fire management services and emergency response
1227
assistance and set and charge reasonable fees for performance of
1228
those services. Moneys collected from such fees shall be
1229
deposited into the Incidental Trust Fund of the Florida Forest
1230
Service;
1231
(h) Require all state, regional, and local government
1232
agencies operating aircraft in the vicinity of an ongoing
1233
wildfire to operate in compliance with the applicable state
1234
Wildfire Aviation Plan;
1235
(i) Authorize broadcast burning, prescribed burning, pile
1236
burning, and land clearing debris burning to carry out the
1237
duties of this chapter and the rules adopted thereunder; and
1238
(j) Make rules to accomplish the purposes of this chapter.
1239
(2) The Florida Forest Service’s employees, and the
1240
firefighting crews under their control and direction, may enter
1241
upon any lands for the purpose of preventing, detecting, and
1242
suppressing wildfires and investigating smoke complaints or open
1243
burning not in compliance with authorization and to enforce the
1244
provisions of this chapter.
1245
(3) Employees of the Florida Forest Service and of federal,
1246
state, and local agencies, and all other persons and entities
1247
that are under contract or agreement with the Florida Forest
1248
Service to assist in firefighting operations as well as those
1249
entities, called upon by the Florida Forest Service to assist in
1250
firefighting may, in the performance of their duties, set
1251
counterfires, remove fences and other obstacles, dig trenches,
1252
cut firelines, use water from public and private sources, and
1253
carry on all other customary activities in the fighting of
1254
wildfires without incurring liability to any person or entity.
1255
The manner in which the Florida Forest Service monitors a
1256
smoldering wildfire or smoldering prescribed fire or fights any
1257
wildfire are planning level activities for which sovereign
1258
immunity applies and is not waived.
1259
(4)(a) The department may build structures, notwithstanding
1260
chapters 216 and 255, not to exceed a cost of $50,000 per
1261
structure from existing resources on forest lands, federal
1262
excess property, and unneeded existing structures. These
1263
structures must meet all applicable building codes.
1264
(b) Notwithstanding s. 553.80(1), the department shall
1265
exclusively enforce the Florida Building Code as it pertains to
1266
wildfire, law enforcement, and other Florida Forest Service
1267
facilities under the jurisdiction of the department.
1268
(5) The Florida Forest Service shall organize its
1269
operational units to most effectively prevent, detect, and
1270
suppress wildfires, and to that end, may employ the necessary
1271
personnel to manage its activities in each unit. The Florida
1272
Forest Service may construct lookout towers, roads, bridges,
1273
firelines, and other facilities and may purchase or fabricate
1274
tools, supplies, and equipment for firefighting. The Florida
1275
Forest Service may reimburse the public and private entities
1276
that it engages to assist in the suppression of wildfires for
1277
their personnel and equipment, including aircraft.
1278
(6) The Florida Forest Service shall undertake
1279
privatization alternatives for fire prevention activities
1280
including constructing fire lines and conducting prescribed
1281
burns and, where appropriate, entering into agreements or
1282
contracts with the private sector to perform such activities.
1283
(7) The Florida Forest Service may organize, staff, equip,
1284
and operate the Withlacoochee and Welaka Training Centers
1285
Center . The centers center shall serve as sites a site where
1286
fire and forest resource managers can obtain current knowledge,
1287
techniques, skills, and theory as they relate to their
1288
respective disciplines , and the centers: .
1289
(a) The center May establish cooperative efforts involving
1290
federal, state, and local entities; hire appropriate personnel;
1291
and engage others by contract or agreement with or without
1292
compensation to assist in carrying out the training and
1293
operations of the centers center .
1294
(b) The center Shall provide wildfire suppression training
1295
opportunities for rural fire departments, volunteer fire
1296
departments, and other local fire response units.
1297
(c) The center Shall focus on curriculum related to, but
1298
not limited to, fuel reduction, an incident management system,
1299
prescribed burning certification, multiple-use land management,
1300
water quality, forest health, environmental education, and
1301
wildfire suppression training for structural firefighters.
1302
(d) The center May assess appropriate fees for food,
1303
lodging, travel, course materials, and supplies in order to meet
1304
their its operational costs and may grant free meals, room, and
1305
scholarships to persons and other entities as determined by the
1306
Florida Forest Service, regardless of whether training occurs at
1307
the Withlacoochee Training Center or Welaka Training Center or
1308
at another location in exchange for instructional assistance .
1309
(8)(a) The Cross City Work Center shall be named the L.
1310
Earl Peterson Forestry Station. This is to honor Mr. L. Earl
1311
Peterson, Florida’s sixth state forester, whose distinguished
1312
career in state government has spanned 44 years, and who is a
1313
native of Dixie County.
1314
(b) The Madison Forestry Station shall be named the Harvey
1315
Greene Sr. Forestry Station. This is to honor Mr. Harvey Greene
1316
Sr., a World War I veteran and pioneer in forestry in Madison
1317
County. In 1947, Mr. Harvey Greene Sr. offered to give the land
1318
on which the forestry station is located to the state; however,
1319
at that time, the state could not accept donations of land.
1320
Instead, Mr. Harvey Greene Sr. sold the land to the state and,
1321
with the proceeds of the sale, purchased forestry equipment to
1322
be used by the citizens of Madison County to plant trees and
1323
fight wildfires.
1324
(c) The Bonifay Forestry Station shall be named the John
1325
Michael Mathis Forestry Station. This is to honor the late Mr.
1326
John Michael Mathis, the Chipola Forestry Center manager whose
1327
distinguished career spanned 18 years, and who received many
1328
awards for his service, including commendation for leadership in
1329
wildfire mitigation for his service during Hurricane Michael.
1330
Mr. John Michael Mathis was a proud husband, father, forester,
1331
and friend.
1332
(9)(a) Notwithstanding ss. 273.055 and 287.16, the
1333
department may retain, transfer, warehouse, bid, destroy, scrap,
1334
or otherwise dispose of surplus equipment and vehicles that are
1335
used for wildland firefighting.
1336
(b) All money received from the disposition of state-owned
1337
equipment and vehicles that are used for wildland firefighting
1338
shall be retained by the department. Money received pursuant to
1339
this section is appropriated for and may be disbursed for the
1340
acquisition of exchange and surplus equipment used for wildland
1341
firefighting, and for all necessary operating expenditures
1342
related to such equipment, in the same fiscal year and the
1343
fiscal year following the disposition. The department shall
1344
maintain records of the accounts into which the money is
1345
deposited.
1346
(10)(a) Notwithstanding the provisions of s. 252.38, the
1347
Florida Forest Service has exclusive authority to require and
1348
issue authorizations for broadcast burning and agricultural and
1349
silvicultural pile burning. An agency, commission, department,
1350
county, municipality, or other political subdivision of the
1351
state may not adopt or enforce laws, regulations, rules, or
1352
policies pertaining to broadcast burning or agricultural and
1353
silvicultural pile burning.
1354
(b) The Florida Forest Service may delegate to a county,
1355
municipality, or special district its authority:
1356
1. As delegated by the Department of Environmental
1357
Protection pursuant to ss. 403.061(29) and 403.081, to manage
1358
and enforce regulations pertaining to the burning of yard trash
1359
in accordance with s. 590.125(6).
1360
2. To manage the open burning of land clearing debris in
1361
accordance with s. 590.125.
1362
Section 35. Section 595.421, Florida Statutes, is created
1363
to read:
1364
595.421 Farmers Feeding Florida Program.—There is
1365
established the Farmers Feeding Florida Program to coordinate
1366
with Feeding Florida, or its successor entity, for the
1367
acquisition, transportation, and distribution of non-Emergency
1368
Food Assistance Program fresh food products for the benefit of
1369
residents who are food insecure due to a lack of local food
1370
resources, accessibility, and affordability.
1371
(1) In order to implement the program, Feeding Florida
1372
shall:
1373
(a) Enter into an agreement with the department to provide,
1374
at a minimum, all of the following services:
1375
1. Transportation of non-Emergency Food Assistance Program
1376
fresh food products using owned vehicles or contracted
1377
commercial vehicles.
1378
2. Coordination of the purchase and pickup of food from the
1379
purchase location and delivery to the distribution location.
1380
(b) Submit monthly reports to the department, beginning
1381
July 1, 2026, which include, at a minimum, all of the following:
1382
1. A detailed record of the amount of food purchased,
1383
measured per pound and itemized according to its commodity type.
1384
2. Food purchase locations.
1385
3. Food purchase dates.
1386
4. The date of delivery and locations to which the food was
1387
distributed.
1388
(c) Submit quarterly reports, beginning July 1, 2026, to
1389
the chairs of the legislative appropriations committees,
1390
including all of the following information:
1391
1. A detailed record of the amount of food distributed,
1392
measured per pound and itemized according to its commodity type.
1393
2. The distribution locations.
1394
3. An itemized list of the types of commodities
1395
distributed.
1396
(2) Foods purchased by Feeding Florida through the program
1397
are restricted to charitable purposes for hunger relief and may
1398
not reenter the wholesale, retail, or secondary market.
1399
(3) Feeding Florida may not, in implementing this section,
1400
allow a candidate for elective office to host a food
1401
distribution event during the period of time between the last
1402
day of the election qualifying period and the date of the
1403
election if the candidate is opposed for election or reelection
1404
at the time of the event. This subsection does not apply if the
1405
event is in response to a declared state of emergency.
1406
Section 36. Present paragraph (c) of subsection (7) of
1407
section 597.004, Florida Statutes, is redesignated as paragraph
1408
(d) and amended, a new paragraph (c) is added to that
1409
subsection, and paragraph (a) of subsection (2) of that section
1410
is amended, to read:
1411
597.004 Aquaculture certificate of registration.—
1412
(2) RULES.—
1413
(a) The department, in consultation with the Department of
1414
Environmental Protection, the water management districts,
1415
environmental groups, and representatives from the affected
1416
farming groups, shall adopt rules to:
1417
1. Specify the requirement of best management practices to
1418
be implemented by holders of aquaculture certificates of
1419
registration.
1420
2. Establish procedures for holders of aquaculture
1421
certificates of registration to submit the notice of intent to
1422
comply with best management practices.
1423
3. Establish schedules for implementation of best
1424
management practices, and of interim measures that can be taken
1425
prior to adoption of best management practices. Interim measures
1426
may include the continuation of regulatory requirements in
1427
effect on June 30, 1998.
1428
4. Establish a system to assure the implementation of best
1429
management practices, including recordkeeping requirements.
1430
5. Require any facility that cultures Micropterus salmoides
1431
floridanus to maintain stock acquisition documentation or
1432
records of genetic testing.
1433
(7) REGISTRATION AND RENEWALS.—
1434
(c) The department may not renew a certificate of
1435
registration for a facility that is not compliant with this
1436
section unless documentation of corrective action is provided
1437
with the renewal application.
1438
(d) (c) A Any person whose certificate of registration has
1439
been revoked or suspended must reapply to the department for
1440
certification. A person, a company, or an entity, or a principal
1441
of a company or an entity whose certificate of registration has
1442
been revoked, may not reapply for a period of 3 years.
1443
Section 37. Paragraph (a) of subsection (5) of section
1444
597.010, Florida Statutes, is amended to read:
1445
597.010 Shellfish regulation; leases.—
1446
(5) LEASES IN PERPETUITY; RENT.—
1447
(a) All leases issued previously under the provisions of s.
1448
379.2525 shall be enforced under the authority of this chapter,
1449
notwithstanding any other law to the contrary, and shall
1450
continue in perpetuity under such restrictions as stated in the
1451
lease agreement. The annual rental fee charged for all leases
1452
shall consist of the minimum rate of $15 per acre, or any
1453
fraction of an acre, per year and may shall be adjusted on
1454
January 1, 1995, and every 5 years thereafter, based on the 5
1455
year average change in the Consumer Price Index. Rent must shall
1456
be paid in advance of January 1 of each year or , in the case of
1457
a new lease , at the time of signing, regardless of who holds the
1458
lease.
1459
Section 38. Paragraphs (b) and (c) of subsection (1) of
1460
section 599.012, Florida Statutes, are amended to read:
1461
599.012 Florida Wine Trust Fund; creation.—
1462
(1) There is established the Florida Wine Trust Fund within
1463
the Department of Agriculture and Consumer Services. The
1464
department shall use the moneys deposited in the trust fund
1465
pursuant to subsection (2) to do all the following:
1466
(b) Promote wine viticulture products manufactured from
1467
products grown in the state.
1468
(c) Provide grants for wine and viticultural research.
1469
Section 39. Subsection (3) of section 601.13, Florida
1470
Statutes, is amended to read:
1471
601.13 Citrus research; administration by Department of
1472
Citrus; appropriation.—
1473
(3) An entity that solicits research proposals and awards
1474
funding for those proposals expending funds received from the
1475
State Treasury on citrus production research conducted pursuant
1476
to chapter 573, as recommended by the Citrus Research and Field
1477
Trial Development Foundation, Inc., or conducted through
1478
contract with the department shall deliver a report that
1479
includes all of the following information to the commission
1480
biannually and at the request of the commission:
1481
(a) Project plans selected for funding.
1482
(b) The financial status of the projects.
1483
(c) Current findings of the funded research.
1484
(d) Availability of citrus products or application of
1485
growers’ practices found through funded research.
1486
(e) The status of the commercialization process of such
1487
products or practices.
1488
Section 40. Section 616.001, Florida Statutes, is amended
1489
to read:
1490
616.001 Definitions.—As used in this chapter, the term:
1491
(1) “Annual public fair” means a community, county,
1492
district, regional, or state fair that is held and conducted by
1493
a fair association and permitted by the department pursuant to
1494
s. 616.15.
1495
(2) “Authority” means the Florida State Fair Authority.
1496
(3) “Community fair” means an annual public fair that
1497
serves an area of less than an entire county, has exhibits that
1498
are in accordance with s. 616.17, and gives premiums or awards
1499
to exhibitors. Agricultural products shall be produced in the
1500
community the exhibit represents. The majority of the board of
1501
directors of the fair shall reside, be employed, or operate a
1502
business in the community the fair represents.
1503
(4) “Concession” means use by a fair association, or a
1504
grant, lease, or license to a third party, of a portion of the
1505
land under the ownership, custody, or control of a fair
1506
association for specific uses, or the right to enter upon the
1507
land for specific purposes, such as providing rides, games,
1508
food, beverage, merchandise for sale, exhibits, projects,
1509
activities, events, programs, or other uses authorized in this
1510
chapter.
1511
(5) “County fair” means an annual public fair that serves
1512
an entire county and provides exhibitors with premiums or awards
1513
for exhibits that are in accordance with s. 616.17. Agricultural
1514
products must be typical of those produced in the county the
1515
exhibit represents. The majority of the board of directors of
1516
the fair shall reside, be employed, or operate a business in the
1517
county that the fair association represents.
1518
(4) (6) “Department” means the Department of Agriculture and
1519
Consumer Services.
1520
(7) “District fair” means an annual public fair that serves
1521
at least five counties and has exhibits that meet the
1522
requirements of s. 616.17. A district fair shall pay at least
1523
$25,000 in cash premiums or awards to exhibitors. Agricultural
1524
products must be typical of those produced in the counties the
1525
exhibit represents. Livestock may originate from outside the
1526
district, but must be registered in the exhibitor’s name at
1527
least 30 days before the opening day of the fair. Each county is
1528
encouraged to have proportionate exhibits, typical of its
1529
respective natural resources. Each county shall have exhibits
1530
representing basic resources in agriculture and industry.
1531
(5) (8) “Entry” means one item entered for competition or
1532
show. An entry may constitute an exhibit, depending upon the
1533
regulations stated in the premium book.
1534
(6) (9) “Exhibit” means one or more entries entered for
1535
exhibition and constituting a unit. An exhibit may consist of
1536
one or more entries, depending upon the regulations stated in
1537
the premium book. The term includes parades and displays of
1538
articles or a collection of articles, whether static,
1539
interactive, or dynamic, by a fair association or a third party
1540
contracting with a fair association, such as exhibits of
1541
animals, art, housewares, or motor vehicles.
1542
(7) (10) “Exhibitor” means an individual, a group of
1543
individuals, or a business, including a fair association or
1544
third party contracting with a fair association, which has an
1545
exhibit.
1546
(8) (11) “Fair association” or “association” means an
1547
association not for profit incorporated under this chapter for
1548
the purpose of conducting and operating public fairs or
1549
expositions.
1550
(9) (12) “Public fair or exposition” means a project,
1551
activity, event, or program, and use by a fair association,
1552
including, but not limited to, the annual public fair, which
1553
serves the purposes specified in s. 616.08 and benefits and
1554
develops the educational, agricultural, horticultural,
1555
livestock, charitable, historical, civic, cultural, scientific,
1556
and other resources of this state, or any county, municipality,
1557
or other community in this state.
1558
(13) “Regional fair” or “interstate fair” means an annual
1559
public fair of this state and other states in which fair
1560
exhibits meet the requirements of s. 616.17. Agricultural
1561
products must be typical of those produced in the area the
1562
exhibit represents.
1563
(10) (14) “Specialized show” means a show or an exhibition
1564
exhibiting and emphasizing livestock or poultry, or a fruit or
1565
vegetable festival, and must meet the minimum exhibit
1566
requirements specified in s. 616.17. A specialized show may
1567
qualify under one of the definitions in subsections (3), (5),
1568
(7), and (15).
1569
(11) (15) “State fair” means an annual public fair that
1570
serves the entire state. Exhibits must comply with s. 616.17,
1571
and cash premiums or awards may be given to exhibitors.
1572
Section 41. Section 616.01, Florida Statutes, is amended to
1573
read:
1574
616.01 Requirements for Number of persons required;
1575
requisites of proposed charter.— Twenty-five or more persons who
1576
are Residents and qualified electors of the county in which the
1577
annual public fair is to be located, who wish to form an
1578
association not for profit for the purpose of conducting and
1579
operating public fairs or expositions, may become incorporated
1580
in the following manner. The applicant must subscribers shall
1581
submit the proposed charter to the department for review and
1582
approval or denial. If the proposed charter is denied, the
1583
department must provide the applicant with a letter sent to the
1584
mailing address provided on the proposed charter and include a
1585
complete listing of all deficiencies, if any, which must be
1586
remedied before resubmittal of the proposed charter for
1587
approval . If the proposed charter is approved, the applicant
1588
must subscribers shall sign and present a notarized copy of the
1589
proposed charter to the judge of the circuit court for the
1590
county in which the principal office of the association will be
1591
located. The proposed charter must specify:
1592
(1) The name of the association and the place where the
1593
principal office is to be located. The name of the association
1594
must shall include the word, “Inc.”
1595
(2) The general nature of the objectives and powers of the
1596
association, including a provision that the association is
1597
incorporated for the sole purpose of conducting and operating
1598
public fairs or expositions.
1599
(3) The qualifications and terms of association members and
1600
criteria for their admission and expulsion. Provision must may
1601
be made in the charter for ex officio membership.
1602
(4) The time for which the association is to exist.
1603
(5) The name and residence of each subscriber.
1604
(6) Procedures for the election of and governance by
1605
officers, who may be elected or appointed.
1606
(7) The designation of officers who will manage the affairs
1607
of the association until the first election or appointment under
1608
the charter.
1609
(8) Procedures for the adoption, amendment, or rescission
1610
of bylaws of the association.
1611
(9) The highest amount of indebtedness or liability that
1612
may be accrued by the association.
1613
(10) The name of an elected member of the board of county
1614
commissioners of the county in which the principal office of the
1615
association will be located, who will serve as an ex officio
1616
member of the board of directors of the association.
1617
(11) The official e-mail address of the association which
1618
will be used for the purpose of official communication between
1619
the association and governmental entities.
1620
(12) The language for the oath that will be taken by the
1621
applicant, which must include, but is not limited to, all of the
1622
following:
1623
(a) That the primary objective of the association is for
1624
public service and to hold, conduct, and promote public fairs or
1625
expositions.
1626
(b) That money and other available assets in value
1627
exceeding $5,000 have been provided for purposes designated by
1628
the association.
1629
(c) That the association will operate in good faith to
1630
carry out the purposes and objectives set forth in the charter.
1631
Section 42. Section 616.02, Florida Statutes, is amended to
1632
read:
1633
616.02 Fair associations per county Acknowledgment of
1634
charter .—
1635
(1) Beginning July 1, 2026, there may be only one
1636
incorporated fair association per county in this state,
1637
excluding the state fair, which may be incorporated and
1638
conducted in any county. The department may not approve a
1639
proposed charter incorporating a fair association within the
1640
same county in which a fair association currently exists. The
1641
department may waive this requirement at the discretion of the
1642
Commissioner of Agriculture.
1643
(2) Any fair association incorporated before July 1, 2026,
1644
may conduct public fairs or expositions and exercise the
1645
authority provided to them pursuant to this chapter The proposed
1646
charter of a fair association shall be acknowledged by at least
1647
three of its subscribers before an officer authorized to make
1648
acknowledgment of deeds. Subscribers shall also make and take an
1649
oath, which must be attached to the proposed charter, stating
1650
that the primary objective of the association is public service
1651
and holding, conducting, and promoting public fairs or
1652
expositions; that money and other available assets in value
1653
exceeding $5,000 have been provided for the purposes of the
1654
association; and that the association will operate in good faith
1655
to carry out the purposes and objectives set forth in its
1656
charter .
1657
Section 43. Section 616.03, Florida Statutes, is amended to
1658
read:
1659
616.03 Notice of application; Approval and record of
1660
charter.— Upon approval by the department, A notice of intention
1661
to apply to the circuit court for the charter of a fair
1662
association must specify the date that application will be made,
1663
shall be sent to the department for approval, and shall be
1664
published in a newspaper in the county where the principal
1665
office of the association will be located once each week for 4
1666
consecutive weeks. The notice must briefly summarize the charter
1667
and objectives of the proposed association. the proposed charter
1668
must shall be submitted to and approved by the board of county
1669
commissioners of the county in which the principal office of the
1670
association will be located. After approval by the department
1671
and the board of county commissioners, the proposed charter and
1672
proof of approval must and publication shall be submitted to the
1673
circuit judge on the date specified in the notice . If no cause
1674
is shown to the contrary and the judge finds that the proposed
1675
charter is in proper form and will serve the primary objective
1676
of public service, the judge must shall approve the charter and
1677
issue an order incorporating the applicant subscribers under the
1678
charter for the objectives and purposes specified in the
1679
charter. The charter and order of incorporation must shall be
1680
recorded in the office of the clerk of the circuit court in the
1681
county where the principal office of the association will be
1682
located and provided to the department. After the order is
1683
recorded, the applicant subscribers and any their associates are
1684
incorporated with the objectives and powers established in the
1685
charter and under the name given in the charter. During the
1686
publication period, the proposed charter shall be on file in the
1687
office of the clerk of the circuit court. This section does not
1688
preclude a fair association from also filing its duly approved
1689
charter with the Department of State pursuant to chapter 617 for
1690
notice purposes.
1691
Section 44. Subsection (2) of section 616.05, Florida
1692
Statutes, is amended to read:
1693
616.05 Amendment of charter.—A fair association may propose
1694
an amendment to its charter by resolution as provided in its
1695
charter or bylaws.
1696
(2) After the department approves the proposed amendment,
1697
it will be incorporated into the original charter upon:
1698
(a) Publication of notice in the same manner as provided in
1699
s. 616.03;
1700
(b) Filing the order of the circuit judge approving the
1701
amendment with the office of the clerk of the circuit court and
1702
the department; and
1703
(b) (c) Being recorded in the clerk’s office.
1705
If a fair association has filed its charter with the Department
1706
of State pursuant to chapter 617, a copy of any amendment to the
1707
charter must be filed with the Department of State for notice
1708
purposes.
1709
Section 45. Section 616.051, Florida Statutes, is amended
1710
to read:
1711
616.051 Dissolving a charter.—
1712
(1) A fair association may dissolve its charter by
1713
resolution as provided in its charter or bylaws. The proposal
1714
for dissolving the charter shall be submitted to the department
1715
for approval.
1716
(2) Upon approval by the department and upon presentation
1717
of sufficient evidence demonstrating and publication of notice
1718
and proof that all indebtedness has been paid and no claims are
1719
outstanding against the association, the circuit judge may, by
1720
decree, dissolve the association and order the distribution of
1721
its remaining assets. Such assets must be distributed, by
1722
resolution of the board of directors, to the county in which the
1723
principal office of the association is located unless otherwise
1724
specified by the deed of the property held by the association
1725
its remaining public funds to be distributed as recommended by
1726
the board of directors .
1727
Section 46. Subsection (3) of section 616.07, Florida
1728
Statutes, is amended, and subsections (1) and (2) of that
1729
section are republished, to read:
1730
616.07 Members not personally liable; property of
1731
association held in trust; exempt from taxation.—
1732
(1) A member, officer, director, or trustee of a fair
1733
association is not personally liable for any of the debts of the
1734
association, and money or property of a fair association may not
1735
be distributed as profits or dividends among its members,
1736
officers, directors, or trustees.
1737
(2) All money and property of the association, except that
1738
necessary for the payment of its just debts and liabilities, are
1739
public property, shall be administered by the association as
1740
trustee, and shall be used exclusively for the legitimate
1741
purpose of the association. So long as they are used for that
1742
purpose, all money and property of the association are exempt
1743
from all forms of taxation, including special assessments, and
1744
any projects, activities, events, programs, and uses authorized
1745
by this part serve an essential governmental purpose and,
1746
therefore, are not taxable and are not subject to assessments.
1747
This subsection does not apply to chapter 212.
1748
(3) Upon order of the circuit judge, any public funds or
1749
property remaining in a fair association when the association is
1750
dissolved shall be distributed by resolution of the board of
1751
directors to any county or any municipality within the county.
1752
The board may designate in the distribution resolution the
1753
public project that will benefit from the funds or the manner in
1754
which the property will be used. If property has been
1755
contributed by a municipality or county, the property shall be
1756
reconveyed to the municipality or county that gave the property
1757
to the association.
1758
Section 47. Section 616.101, Florida Statutes, is amended
1759
to read:
1760
616.101 Annual review of accounts and records ; review of
1761
charter .—
1762
(1) The accounts and records of a every fair association
1763
whose annual public fair has an annual attendance of more than
1764
25,000 , based upon recorded attendance from the previous year,
1765
must shall be reviewed annually by a qualified accountant
1766
licensed by the state. A fair association whose annual public
1767
fair has an annual attendance of 25,000 or fewer , based upon
1768
recorded attendance from the previous year, or a fair
1769
association that is holding an annual public fair for the first
1770
time, must submit an annual financial statement that has been
1771
signed by an officer of the county. The results of the reviews
1772
must shall be kept in the official records of each association,
1773
available to all directors of the association. A certified copy
1774
of the review must shall be filed with the department:
1775
(a) (1) On request by the department to certify expenditures
1776
of the premiums awarded to exhibitors of a fair or of building
1777
funds if when there is evidence of a violation of state laws; or
1778
(b) (2) When the association is applying for a fair permit.
1779
(2) A fair association shall, every 5 years beginning July
1780
1, 2026, review its charter and submit to the department a
1781
certified copy of the charter which incorporates any amendment
1782
made during the last 5 years. A designated member of the
1783
association shall attest that the charter is accurate and
1784
factual when submitting the certified copy to the department.
1785
Section 48. Section 616.15, Florida Statutes, is amended to
1786
read:
1787
616.15 Permit from Department of Agriculture and Consumer
1788
Services required.—
1789
(1) An annual public fair may not be conducted by a fair
1790
association without a permit issued by the department. The
1791
association shall present to the department an application for a
1792
permit, signed by an officer of the association, at least 90
1793
calendar days 3 months before holding the annual public fair.
1794
The application must shall be accompanied by a fee in an amount
1795
to be determined by the department for processing the
1796
application and making any required investigation. The
1797
application fee must be at least $183 and may not exceed $366.
1798
Fees collected under this subsection shall be deposited in the
1799
General Inspection Trust Fund of the State Treasury in a special
1800
account to be known as the “Agricultural and Livestock Fair
1801
Account.” A copy of the application must be sent to each fair
1802
association located within 50 miles of the site of the proposed
1803
annual public fair at the same time the application is sent to
1804
the department. The department may issue a permit if the
1805
applicant provides:
1806
(a) The opening and closing dates of the proposed annual
1807
public fair.
1808
(b) The name and address of the owner of the central
1809
amusement attraction that will operate during the annual public
1810
fair.
1811
(c) An affidavit properly executed by the president or
1812
chief executive officer of the applicant association certifying
1813
the existence of a binding contract entered into by the
1814
association and the owner of the central amusement attraction
1815
covering the period for which the permit from the department is
1816
applied. The contract between the parties must shall be
1817
available for inspection by duly authorized agents of the
1818
department in administering this chapter.
1819
(d) A copy of the association’s charter which incorporates
1820
all amendments made A written statement that the main purpose of
1821
the association is to conduct and operate a public fair and
1822
exposition, including the annual fair, for the benefit and
1823
development of the educational, agricultural, horticultural,
1824
livestock, charitable, historical, civic, cultural, scientific,
1825
and other resources of the geographical area the fair
1826
association represents and serves. The statement must be
1827
subscribed and acknowledged by an officer of the association
1828
before an officer authorized to take acknowledgments .
1829
(e) A premium list of the current annual public fair to be
1830
conducted and or a copy of the previous year’s premium list
1831
showing all premiums and awards to be offered to exhibitors in
1832
various departments of the annual public fair, which may
1833
include, but are not limited to, art exhibition ; , beef cattle ; ,
1834
county exhibits ; , dairy cattle ; , horticulture ; , swine ; , women’s
1835
department, 4-H Club activities ; , Future Farmers of America
1836
activities ; Family , Career and Community Leaders of America
1837
Future Homemakers of America activities ; , poultry and egg
1838
exhibits ; , and community exhibits. The premium list, which may
1839
be submitted separately from the application, must be submitted
1840
at least 60 calendar days before the annual public fair begins
1841
operation.
1842
(f) A complete listing of all exhibits required pursuant to
1843
s. 616.17 Proof of liability insurance insuring the association
1844
against liability for injury to persons, in an amount of not
1845
less than $300,000 per occurrence .
1846
(g) A copy of the most recent review.
1847
(h) A list of all current members of the board of directors
1848
of the association and their contact information, including home
1849
address.
1851
The department shall issue the permit within 10 calendar days
1852
after it receives all the information required by this
1853
subsection and the applicant qualifies pursuant to this section .
1854
(2) At least 21 calendar days before holding the annual
1855
public fair, the association shall present the department with
1856
all of the following information:
1857
(a) Proof of liability insurance insuring the association
1858
against liability for injury to persons, in an amount not less
1859
than $300,000 per occurrence.
1860
(b) A copy of the association’s most recent annual
1861
financial statement pursuant to s. 616.101.
1862
(c) A list of all current members of the board of directors
1863
of the association and their contact information, including
1864
mailing addresses.
1865
(3) (2) The department shall administer and enforce the
1866
provisions of this chapter except as to the regulation of games,
1867
which shall be regulated by local law enforcement agencies. The
1868
department shall adopt rules to administer this chapter,
1869
including rules governing the form and contents of the
1870
application for the permit and any reports that it deems may
1871
deem necessary in enforcing the provisions of this chapter.
1872
(4) (3) Notwithstanding any fair association meeting the
1873
requirements set forth in subsection (1), the department may
1874
order a full investigation to determine if the fair association
1875
meets the requirements of this part s. 616.01 , and may withhold
1876
a permit from, deny a permit to, or withdraw a permit once
1877
issued to the association. The department shall also consider
1878
whether any proposed annual public fair, as set forth in an
1879
application for a permit, will compete with another annual
1880
public fair within 50 miles of the proposed annual public fair
1881
with respect to name, dates of operation, or market. The
1882
department may deny, withhold, or withdraw a permit from a fair
1883
association if the department determines that such fair
1884
association will compete with another association. The
1885
department shall give preference to existing fair associations
1886
with established dates, locations, and names. The determination
1887
by the department is final.
1888
Section 49. Section 616.251, Florida Statutes, is amended
1889
to read:
1890
616.251 Florida State Fair Authority; creation;
1891
responsibility for staging annual state fair ; exemptions .—
1892
(1) There is created and constituted the “Florida State
1893
Fair Authority,” a public body corporate and politic, for the
1894
purposes and with the powers set forth in this part. Such
1895
instrumentality, hereinafter referred to as “the authority,”
1896
shall have perpetual succession. For the purposes of
1897
implementing the intent of this part, the authority shall be
1898
considered an instrumentality of the state, subject to the
1899
jurisdiction of the state. Any conflict with respect to that
1900
jurisdiction will be resolved by the authority and respective
1901
state agencies.
1902
(2) The authority shall operate under the supervision of
1903
the Commissioner of Agriculture, which supervision may include,
1904
but is not limited to, assisting, advising, and making
1905
recommendations regarding the financing and operation of the
1906
authority. In assisting and advising the authority, the
1907
Commissioner of Agriculture may make appropriate staff of the
1908
department available to the authority.
1909
(3) The authority is charged with the responsibility of
1910
staging an annual fair to serve the entire state. Cash premiums
1911
or awards may be given to exhibitors.
1912
(4) The authority shall be exempt from the requirements of
1913
part I of this chapter.
1914
(5) (4) The principal offices of the authority shall be in
1915
such place or places in or near the City of Tampa as the
1916
authority may from time to time designate.
1917
Section 50. Paragraph (b) of subsection (2) of section
1918
624.4032, Florida Statutes, is amended to read:
1919
624.4032 Nonprofit agricultural organization medical
1920
benefit plans.—
1921
(2) For purposes of this section, the term “nonprofit
1922
agricultural organization” means an organization that meets all
1923
of the following criteria:
1924
(b) Is exempt from federal income tax under s. 501(c)(5) s.
1925
501(c)(3) of the Internal Revenue Code.
1926
Section 51. Subsection (1) of section 843.085, Florida
1927
Statutes, is amended, and subsection (5) of that section is
1928
republished, to read:
1929
843.085 Unlawful use of badges or other indicia of
1930
authority.—
1931
(1) It is unlawful for any person, unless appointed by the
1932
Governor pursuant to chapter 354, authorized by the appropriate
1933
agency, or displayed in a closed or mounted case as a collection
1934
or exhibit, to wear or display any authorized indicia of
1935
authority, including any badge, insignia, emblem, identification
1936
card, or uniform, or any colorable imitation thereof, of any
1937
federal, state, county, or municipal law enforcement agency, or
1938
other criminal justice agency as defined in s. 943.045, with the
1939
intent to mislead or cause another person to believe that he or
1940
she is a member of that agency or is authorized to display or
1941
wear such item, or to wear or display any item that displays in
1942
any manner or combination the word or words “police,”
1943
“patrolman,” “patrolwoman,” “agent,” “sheriff,” “deputy,”
1944
“trooper,” “highway patrol,” “commission officer,” “Wildlife
1945
Officer,” “Department of Environmental Protection officer,”
1946
“Marine Patrol Officer,” “state attorney,” “public defender,”
1947
“marshal,” “constable,” “bailiff,” or “fire department,”
1948
“concealed weapon permit,” or “concealed weapon permitholder,”
1949
with the intent to mislead or cause another person to believe
1950
that he or she is a member of that agency , if applicable, or is
1951
authorized to wear or display such item.
1952
(5) A violation of this section is a misdemeanor of the
1953
first degree, punishable as provided in s. 775.082 or s.
1954
775.083. This section is cumulative to any law now in force in
1955
the state.
1956
Section 52. Subsection (27) is added to section 934.02,
1957
Florida Statutes, to read:
1958
934.02 Definitions.—As used in this chapter:
1959
(27) “Signal jamming device” means a device or process,
1960
such as a phone jammer, global positioning systems blocker, or
1961
other similar device designed to intentionally block, jam, or
1962
interfere with radio communications, such as cellular and
1963
personal communication services, police radar, or global
1964
positioning systems.
1965
Section 53. Section 934.51, Florida Statutes, is created to
1966
read:
1967
934.51 Possession, use, and sale of signal jamming device;
1968
prohibition; exceptions; penalties.—
1969
(1) PROHIBITION.—It is unlawful to possess, manufacture,
1970
hold or offer for sale, sell, import, distribute, or use a
1971
signal jamming device in this state.
1972
(2) EXCEPTIONS.—This section does not apply to a federal or
1973
military law enforcement agency that lawfully installs, places,
1974
or uses a signal jamming device as part of a criminal
1975
investigation, or to any person duly authorized by the Federal
1976
Communications Commission.
1977
(3) PENALTIES.—A person who violates this section commits a
1978
misdemeanor of the first degree, punishable as provided in s.
1979
775.082 or s. 775.083.
1980
Section 54. (1) The Citrus Research and Development
1981
Foundation, Inc., the nonprofit corporation established in s.
1982
573.112(7), Florida Statutes, is merged into the Citrus Research
1983
and Field Trial Foundation, Inc.
1984
(2) The Citrus Research and Development Foundation, Inc.,
1985
must enter into a plan with the Citrus Research and Field Trial
1986
Foundation, Inc., for the merger. Such merger must be completed
1987
by October 1, 2026. The merger is subject to chapter 617,
1988
Florida Statutes, related to the merger of nonprofit
1989
corporations.
1990
(3) Any funds held in trust which were donated to or earned
1991
by the Citrus Research and Development Foundation, Inc., shall
1992
be transferred to the Citrus Research and Field Trial
1993
Foundation, Inc., and shall be used for the original purposes of
1994
the funds.
1995
(4) The transfer of any program, activity, duty, or
1996
function under this act includes the transfer of any records and
1997
unexpected balances of appropriations, allocations, or other
1998
funds related to such program, activity, duty, or function.
1999
Except as otherwise provided by law, the Citrus Research and
2000
Field Trial Foundation, Inc., shall become the custodian of any
2001
property of the Citrus Research and Development Foundation,
2002
Inc., on the date specified in the plan of merger or October 1,
2003
2026, whichever occurs first.
2004
Section 55. Paragraph (a) of subsection (4) and subsection
2005
(6) of section 288.1175, Florida Statutes, are amended to read:
2006
288.1175 Agriculture education and promotion facility.—
2007
(4) The Department of Agriculture and Consumer Services
2008
shall certify a facility as an agriculture education and
2009
promotion facility if the Department of Agriculture and Consumer
2010
Services determines that:
2011
(a) The applicant is a unit of local government as defined
2012
in s. 218.369, or a fair association as defined in s. 616.001(8)
2013
s. 616.001(11) , which is responsible for the planning, design,
2014
permitting, construction, renovation, management, and operation
2015
of the agriculture education and promotion facility or holds
2016
title to the property on which such facility is to be developed
2017
and located.
2018
(6) Funds may not be expended to develop or subsidize
2019
privately owned facilities, except for facilities owned by fair
2020
associations as defined in s. 616.001(8) s. 616.001(11) .
2021
Section 56. For the purpose of incorporating the amendment
2022
made by this act to section 287.1351, Florida Statutes, in a
2023
reference thereto, subsection (4) of section 287.056, Florida
2024
Statutes, is reenacted to read:
2025
287.056 Purchases from purchasing agreements and state term
2026
contracts; vendor disqualification.—
2027
(4) A firm or individual placed on the suspended vendor
2028
list pursuant to s. 287.1351 or placed on a disqualified vendor
2029
list pursuant to s. 287.133 or s. 287.134 is immediately
2030
disqualified from state term contract eligibility.
2031
Section 57. For the purpose of incorporating the amendment
2032
made by this act to section 287.1351, Florida Statutes, in a
2033
reference thereto, subsection (5) of section 287.138, Florida
2034
Statutes, is reenacted to read:
2035
287.138 Contracting with entities of foreign countries of
2036
concern prohibited.—
2037
(5) The Attorney General may bring a civil action in any
2038
court of competent jurisdiction against an entity that violates
2039
this section. Violations of this section may result in:
2040
(a) A civil penalty equal to twice the amount of the
2041
contract for which the entity submitted a bid or proposal for,
2042
replied to, or entered into;
2043
(b) Ineligibility to enter into, renew, or extend any
2044
contract, including any grant agreements, with any governmental
2045
entity for up to 5 years;
2046
(c) Ineligibility to receive or renew any license,
2047
certification, or credential issued by a governmental entity for
2048
up to 5 years; and
2049
(d) Placement on the suspended vendor list pursuant to s.
2050
287.1351.
2051
Section 58. For the purpose of incorporating the amendment
2052
made by this act to section 500.04, Florida Statutes, in a
2053
reference thereto, subsection (1) of section 500.177, Florida
2054
Statutes, is reenacted to read:
2055
500.177 Penalty for violation of s. 500.04; dissemination
2056
of false advertisement.—
2057
(1) Any person who violates any provision of s. 500.04 is
2058
guilty of a misdemeanor of the second degree, punishable as
2059
provided in s. 775.082 or s. 775.083; but, if the violation is
2060
committed after a conviction of such person under this section
2061
has become final, such person is guilty of a misdemeanor of the
2062
first degree, punishable as provided in s. 775.082 or s.
2063
775.083.
2064
Section 59. For the purpose of incorporating the amendment
2065
made by this act to section 616.07, Florida Statutes, in a
2066
reference thereto, subsection (13) of section 212.08, Florida
2067
Statutes, is reenacted to read:
2068
212.08 Sales, rental, use, consumption, distribution, and
2069
storage tax; specified exemptions.—The sale at retail, the
2070
rental, the use, the consumption, the distribution, and the
2071
storage to be used or consumed in this state of the following
2072
are hereby specifically exempt from the tax imposed by this
2073
chapter.
2074
(13) LIMITATIONS ON EXEMPTIONS.—No transactions shall be
2075
exempt from the tax imposed by this chapter except those
2076
expressly exempted herein. All laws granting tax exemptions, to
2077
the extent they may be inconsistent or in conflict with this
2078
chapter, including, but not limited to, the following designated
2079
laws, shall yield to and be superseded by the provisions of this
2080
subsection: ss. 125.019, 153.76, 154.2331, 159.15, 159.31,
2081
159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 315.11,
2082
348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09, and the
2083
following Laws of Florida, acts of the year indicated: s. 31,
2084
chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12, chapter
2085
30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter 31263,
2086
1955; s. 13, chapter 31343, 1955; s. 16, chapter 59-1653; s. 13,
2087
chapter 59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754;
2088
s. 10, chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter
2089
65-1274; s. 16, chapter 67-1446; and s. 10, chapter 67-1681.
2090
This subsection does not supersede the authority of a local
2091
government to adopt financial and local government incentives
2092
pursuant to s. 163.2517.
2093
Section 60. For the purpose of incorporating the amendment
2094
made by this act to section 616.15, Florida Statutes, in a
2095
reference thereto, section 616.185, Florida Statutes, is
2096
reenacted to read:
2097
616.185 Trespass upon grounds or facilities of public fair;
2098
penalty; arrests.—
2099
(1) For the purposes of this chapter, trespass upon the
2100
grounds of the Florida State Fair Authority or any other fair
2101
association permitted under s. 616.15 means:
2102
(a) Entering and remaining upon any grounds or facilities
2103
owned, operated, or controlled by the Florida State Fair
2104
Authority or any other association permitted under s. 616.15 and
2105
committing any act that disrupts the orderly conduct of any
2106
authorized activity of the fair association in charge, or its
2107
lessees, licensees, or the general public on those grounds or
2108
facilities; or
2109
(b) Entering and remaining on those grounds or facilities
2110
after being directed not to enter or to leave them by the
2111
executive director of the authority, chief administrative
2112
officer of the fair association, or any employee or agent of the
2113
association designated by the executive director or
2114
administrator to maintain order on those grounds and facilities,
2115
after a determination by the executive director, administrator,
2116
employee, or agent that the entering or remaining on those
2117
grounds or facilities is in violation of the rules and
2118
regulations of the Florida State Fair Authority or permitted
2119
fair association or is disrupting the orderly conduct of any
2120
authorized activity of the fair association in charge, or its
2121
lessees, licensees, or the general public on those grounds or
2122
facilities.
2123
(2) Any person committing the offense of trespass upon the
2124
grounds of the Florida State Fair Authority or any other fair
2125
association permitted under s. 616.15 commits a misdemeanor of
2126
the second degree, punishable as provided in s. 775.082 or s.
2127
775.083.
2128
(3) A law enforcement officer may arrest any person on or
2129
off the premises, without a warrant, if the officer has probable
2130
cause for believing such person has committed the offense of
2131
trespass upon the grounds of the Florida State Fair Authority or
2132
any fair association permitted under s. 616.15. Such an arrest
2133
does not render the law enforcement officer criminally or
2134
civilly liable for false arrest, false imprisonment, or unlawful
2135
detention.
2136
Section 61. This act shall take effect July 1, 2026.