CS/CS/HB 433 full text · Session Watch

1 A bill to be entitled

2 An act relating to the Department of Agriculture and

3 Consumer Services; creating s. 125.489, F.S.; defining

4 the terms "gasoline-powered farm equipment" and

5 "gasoline-powered landscape equipment"; prohibiting

6 counties from enacting or enforcing any law that

7 restricts or prohibits the use of gasoline-powered

8 farm equipment or gasoline-powered landscape equipment

9 or that distinguishes such equipment from any other

10 equipment under certain circumstances; providing

11 construction; amending s. 163.3164, F.S.; defining the

12 terms "ecologically significant parcel" and "low-

13 density municipality"; amending s. 163.3202, F.S.;

14 prohibiting an application for a development on an

15 ecologically significant parcel in a low-density

16 municipality from being administratively approved

17 without an attestation provided by the developer;

18 specifying requirements for such attestation;

19 providing applicability; specifying requirements for

20 the attestation included in certain applications;

21 providing for a waiver; creating s. 166.063, F.S.;

22 defining the terms "gasoline-powered farm equipment"

23 and "gasoline-powered landscape equipment";

24 prohibiting municipalities from enacting or enforcing

25 any law that restricts or prohibits the use of

26 gasoline-powered farm equipment or gasoline-powered

27 landscape equipment or that distinguishes such

28 equipment from any other equipment under certain

29 circumstances; providing construction; amending s.

30 212.055, F.S.; conforming a cross-reference; making a

31 technical change; amending s. 253.0341, F.S.;

32 requiring the Acquisition and Restoration Council to

33 determine whether certain surplused lands are suitable

34 for bona fide agricultural purposes; prohibiting a

35 local governmental entity from transferring future

36 development rights for surplused lands determined to

37 be suitable for bona fide agricultural purposes;

38 requiring the Department of Environmental Protection,

39 in coordination with the Department of Agriculture and

40 Consumer Services, to determine whether certain state-

41 owned conservation lands are suitable for bona fide

42 agricultural purposes; authorizing the Department of

43 Environmental Protection to surplus certain state-

44 owned lands determined to be suitable for bona fide

45 agricultural purposes; requiring the Department of

46 Environmental Protection to retain a rural-lands-

47 protection easement for such surplused lands;

48 requiring that all proceeds from the sale of such

49 surplused lands be deposited in the Department of

50 Agriculture and Consumer Services' Incidental Trust

51 Fund for less than fee simple; requiring the

52 Department of Environmental Protection to annually

53 provide a report of such surplused lands to the Board

54 of Trustees of the Internal Improvement Trust Fund;

55 prohibiting certain lands from being surplused;

56 amending s. 259.1053, F.S.; deleting provisions

57 relating to the Babcock Ranch Advisory Group; amending

58 s. 287.1351, F.S.; revising circumstances under which

59 a vendor is prohibited from submitting a bid,

60 proposal, or reply to an agency or from entering into

61 or renewing any contract to provide goods or services

62 to an agency; amending s. 322.12, F.S.; providing

63 penalties for an applicant for a commercial driver

64 license who receives unauthorized assistance on

65 certain portions of the examination; amending s.

66 322.36, F.S.; prohibiting a person from knowingly or

67 willfully providing unauthorized assistance to an

68 applicant for the examination required to hold a

69 commercial driver license; repealing ss. 377.71,

70 377.711, and 377.712, F.S., relating to definitions

71 and the Southern States Energy Compact, Florida as

72 party to the Southern States Energy Compact, and

73 Florida's participation in the Southern States Energy

74 Board, respectively; amending s. 403.0855, F.S.;

75 deleting a provision relating to legislative approval

76 of certain rules adopted by the Department of

77 Environmental Protection; revising requirements for

78 permittees of biosolids land application sites;

79 revising the date by which permits must comply with

80 specified provisions; requiring local governments that

81 do not transport biosolids outside of their respective

82 county boundaries to comply with specified provisions

83 by a specified date; providing construction; amending

84 s. 482.071, F.S.; requiring certain persons applying

85 for a pest control business license or renewal to

86 provide the department with a certificate of

87 insurance; specifying requirements for such

88 certificate of insurance; amending s. 482.161, F.S.;

89 revising the severity of an administrative fine for

90 violations of certain provisions; amending s. 482.165,

91 F.S.; revising civil penalties; amending s. 489.105,

92 F.S.; defining the terms "subcontractor" and

93 "supplier"; creating s. 489.1295, F.S.; requiring

94 licensed contractors to compensate subcontractors or

95 suppliers for services, labor, or materials within a

96 specified timeframe after receiving payment or in

97 accordance with the terms of the contract for

98 services, labor, or materials; providing an exception;

99 providing disciplinary measures; amending s. 500.04,

100 F.S.; revising the list of prohibited acts related to

101 the prevention of fraud, harm, adulteration,

102 misbranding, or false advertising in the preparation,

103 production, manufacture, storage, or sale of food;

104 repealing s. 500.81, F.S., relating to the Healthy

105 Food Financing Initiative; amending s. 500.93, F.S.;

106 making a technical change; amending s. 501.013, F.S.;

107 authorizing the Department of Agriculture and Consumer

108 Services to provide an exemption from certain health

109 studio regulations; creating s. 501.062, F.S.;

110 providing legislative intent; defining the terms

111 "commercial solicitation" and "dwelling"; prohibiting

112 a person from engaging in commercial solicitation

113 under certain circumstances; specifying requirements

114 for certain signage to be displayed on a property;

115 providing penalties; amending s. 570.07, F.S.;

116 authorizing the Department of Agriculture and Consumer

117 Services to reorganize departmental units upon the

118 approval of the Commissioner of Agriculture; amending

119 s. 570.822, F.S.; providing additional eligibility

120 requirements for the Agriculture and Aquaculture

121 Producers Emergency Recovery Loan Program; creating s.

122 570.832, F.S.; requiring the Florida Wildflower

123 Foundation, Inc., in coordination with the Department

124 of Agriculture and Consumer Services, to establish the

125 Florida Native Seed Research and Marketing Program,

126 subject to legislative appropriation; providing the

127 purpose of the program; creating s. 570.846, F.S.;

128 establishing the Florida Food Animal and Equine

129 Veterinary Medicine Loan Repayment Program; providing

130 the purpose of the program; defining terms; providing

131 eligibility requirements for the program; authorizing

132 the Department of Agriculture and Consumer Services to

133 make loan principal repayments on behalf of eligible

134 candidates up to a certain amount for a specified

135 timeframe, subject to legislative appropriation;

136 providing construction; authorizing the Department of

137 Agriculture and Consumer Services to adopt rules;

138 amending s. 570.85, F.S.; prohibiting a local

139 government from requiring a property owner to obtain a

140 rural event venue permit or license; amending s.

141 570.86, F.S.; defining the term "rural event venue";

142 amending s. 573.112, F.S.; renaming the Citrus

143 Research and Development Foundation, Inc., as the

144 Citrus Research and Field Trial Foundation, Inc.;

145 establishing the Citrus Research and Field Trial

146 Foundation, Inc., as a direct-support organization of

147 the Department of Agriculture and Consumer Services;

148 revising provisions relating to membership; amending

149 s. 581.031, F.S.; conforming a provision to changes

150 made by the act; amending s. 583.01, F.S.; revising

151 the definition of the term "dealer"; amending s.

152 590.02, F.S.; revising the Florida Forest Service's

153 powers, authority, and duties; authorizing the Florida

154 Forest Service to manage the Welaka Training Center;

155 conforming provisions to changes made by the act;

156 authorizing the Withlacoochee and Welaka Training

157 Centers to assess fees for specified purposes as

158 determined by the Florida Forest Service, regardless

159 of where certain training occurs; renaming the Bonifay

160 Forestry Station as the John Michael Mathis Forestry

161 Station to honor the late John Michael Mathis;

162 creating s. 595.421, F.S.; establishing the Farmers

163 Feeding Florida Program for specified purposes;

164 requiring Feeding Florida to take certain actions to

165 implement the program; prohibiting the foods purchased

166 by Feeding Florida through such program from

167 reentering the wholesale, retail, or secondary market;

168 prohibiting Feeding Florida from allowing a candidate

169 for elective office to host a food distribution event

170 during a specified timeframe; providing applicability;

171 amending s. 597.004, F.S.; making a technical change;

172 prohibiting the Department of Agriculture and Consumer

173 Services from renewing a certificate of registration

174 for a noncompliant facility unless certain

175 documentation is provided with the renewal

176 application; prohibiting entities whose certificate of

177 registration has been revoked from reapplying for a

178 specified period of time; amending s. 597.010, F.S.;

179 authorizing, rather than requiring, the periodic

180 adjustment of the annual rental fee charged for

181 certain leases; amending s. 599.012, F.S.; making

182 technical changes; amending s. 601.13, F.S.; renaming

183 the Citrus Research and Development Foundation, Inc.,

184 as the Citrus Research and Field Trial Foundation,

185 Inc.; amending s. 616.001, F.S.; revising and deleting

186 definitions relating to public fairs and expositions;

187 amending s. 616.01, F.S.; revising application

188 requirements for a proposed charter for an association

189 to conduct a public fair or exposition; requiring the

190 Department of Agriculture and Consumer Services to

191 provide an applicant for a proposed charter with

192 specified information upon the denial of a proposed

193 charter; revising requirements for information that

194 must be included in the proposed charter; amending s.

195 616.02, F.S.; limiting the number of incorporated

196 state fair associations per county; providing

197 construction; authorizing the Department of

198 Agriculture and Consumer Services to waive certain

199 requirements at the discretion of the commissioner;

200 authorizing fair associations incorporated before a

201 certain date to conduct their affairs; deleting

202 provisions relating to requirements for a proposed

203 charter; amending s. 616.03, F.S.; revising

204 requirements for the approval and recordation of the

205 charter; amending s. 616.05, F.S.; revising the

206 process by which a proposed charter amendment is

207 incorporated into the original charter; amending s.

208 616.051, F.S.; revising the circumstances under which

209 a circuit judge is authorized to dissolve an

210 association and order the distribution of its

211 remaining assets; requiring that such assets be

212 distributed to certain counties; amending s. 616.07,

213 F.S.; deleting provisions relating to distribution of

214 public funds after the dissolution of an association;

215 amending s. 616.101, F.S.; specifying the basis for

216 annual public fair attendance records; requiring a

217 fair association to review its charter every 5 years

218 and submit an updated copy of the charter to the

219 Department of Agriculture and Consumer Services;

220 requiring a designated member of the association to

221 make an attestation; amending s. 616.15, F.S.; making

222 a technical change; revising the information that an

223 applicant must submit to the Department of Agriculture

224 and Consumer Services for the department to issue a

225 permit for an association to conduct a fair; revising

226 the timeframe within which the Department of

227 Agriculture and Consumer Services is required to issue

228 the permit upon the receipt of specified information;

229 making technical changes; deleting obsolete

230 provisions; amending s. 616.251, F.S.; exempting the

231 Florida State Fair Authority from specified

232 provisions; amending s. 624.4032, F.S.; revising the

233 definition of the term "nonprofit agricultural

234 organization"; amending s. 843.085, F.S.; prohibiting

235 a person from wearing or displaying an item that

236 displays the words "concealed weapon permit" or

237 "concealed weapon permitholder" with the intent to

238 mislead another to believe that the person is

239 authorized to wear or display such item; amending s.

240 934.02, F.S.; defining the term "signal jamming

241 device"; creating s. 934.51, F.S.; prohibiting the

242 possession, manufacture, sale, importation,

243 distribution, or use of a signal jamming device;

244 providing exceptions; providing criminal penalties;

245 providing for the merger and transfer of the Citrus

246 Research and Development Foundation, Inc., into the

247 Citrus Research and Field Trial Foundation, Inc.;

248 requiring the completion of the merger by a specified

249 date; providing that the merger is subject to

250 specified provisions; providing for the transfer of

251 funds; providing for the transfer of any program,

252 activity, duty, or function; establishing the Citrus

253 Research and Field Trial Foundation, Inc., as the

254 custodian of any property of the Citrus Research and

255 Development Foundation, Inc.; amending s. 288.1175,

256 F.S.; conforming cross-references; reenacting ss.

257 287.056(4) and 287.138(5), F.S., relating to

258 disqualification for state term contract eligibility

259 and contracting with entities of foreign countries of

260 concern prohibited, respectively, to incorporate the

261 amendment made to s. 287.1351, F.S., in references

262 thereto; reenacting s. 500.177(1), F.S., relating to

263 penalties for dissemination of a false advertisement,

264 to incorporate the amendment made to s. 500.04, F.S.,

265 in a reference thereto; reenacting s. 212.08(13),

266 F.S., relating to taxation and specified exemptions,

267 to incorporate the amendment made to s. 616.07, F.S.,

268 in a reference thereto; reenacting s. 616.185, F.S.,

269 relating to trespass upon grounds or facilities of a

270 public fair, to incorporate the amendment made to s.

271 616.15, F.S., in a reference thereto; providing an

272 effective date.

274 Be It Enacted by the Legislature of the State of Florida:

276 Section 1. Section 125.489, Florida Statutes, is created

277 to read:

278 125.489 Preemption of restrictions on gasoline-powered

279 farm equipment or gasoline-powered landscape equipment.—

280 (1) As used in this section, the term:

281 (a) "Gasoline-powered farm equipment" means any machine

282 powered by an internal combustion engine or motor that uses

283 gasoline, diesel, or a blend of gasoline and oil which is used

284 on a farm or used to transport farm products.

285 (b) "Gasoline-powered landscape equipment" means any

286 machine powered by an internal combustion engine or motor that

287 uses gasoline, diesel, or a blend of gasoline and oil which is

288 used to provide landscape management or maintenance or to move

289 leaves, dirt, grass, or other debris off of sidewalks,

290 driveways, lawns, or other surfaces.

291 (2) A county may not enact or enforce a resolution, an

292 ordinance, a rule, a code, or a policy or take any action that

293 restricts or prohibits the use of gasoline-powered farm

294 equipment or gasoline-powered landscape equipment and may not

295 create differing standards for such equipment or distinguish

296 such equipment from any electric or similar equipment in a

297 retail, manufacturer, or distributor setting.

298 (3) This section does not prohibit or limit a county from

299 encouraging the use of alternative farm or landscape equipment,

300 such as battery-powered farm or landscape equipment.

301 Section 2. Present subsections (18) through (30) and (31)

302 through (54) of section 163.3164, Florida Statutes, are

303 redesignated as subsections (19) through (31) and (33) through

304 (56), respectively, and new subsections (18) and (32) are added to that section, to read:

306 163.3164 Community Planning Act; definitions.—As used in

307 this act:

308 (18) "Ecologically significant parcel" means a parcel of

309 land located within the boundaries of a low-density municipality

310 which is currently undeveloped and has been designated as either

311 rural, conservation, agricultural, or greenspace as provided by

312 a local government comprehensive plan developed pursuant to s.

313 163.3177.

314 (32) "Low-density municipality" means a municipality

315 existing on or before January 1, 2025, which is less than 2,500

316 acres in total size and contains a population of 5,000 or fewer

317 legal residents.

318 Section 3. Present subsection (7) of section 163.3202,

319 Florida Statutes, is redesignated as subsection (8), and a new

320 subsection (7) is added to that section, to read:

321 163.3202 Land development regulations.—

322 (7)(a) Notwithstanding any ordinance to the contrary, an

323 application for a development on an ecologically significant

324 parcel in a low-density municipality may not be administratively

325 approved without an attestation provided by the developer, under

326 penalty of perjury, to the low-density municipality which states

327 that the development will not exceed a maximum density of 1

328 residential unit per 20 acres.

329 (b) This subsection does not apply to applications for the

330 construction of residential units on an ecologically significant

331 parcel for the express purpose of providing housing for family

332 members of the applicant. However, the applicant must provide an

333 attestation, under penalty of perjury, to the low-density

334 municipality which states that the residential units being

335 constructed will be used for such express purpose before the

336 administrative approval of an application for development.

337 (c) The density requirements provided in this subsection

338 may be waived upon a resolution approved by a unanimous vote of

339 the commission or council of the low-density municipality. Section 4. Section 166.063, Florida Statutes, is created

341 to read:

342 166.063 Preemption of restrictions on gasoline-powered

343 farm equipment or gasoline-powered landscape equipment.—

344 (1) As used in this section, the term:

345 (a) "Gasoline-powered farm equipment" means a machine

346 powered by an internal combustion engine or motor that uses

347 gasoline, diesel, or a blend of gasoline and oil which is used

348 on a farm or used to transport farm products.

349 (b) "Gasoline-powered landscape equipment" means any

350 machine powered by an internal combustion engine or motor that

351 uses gasoline, diesel, or a blend of gasoline and oil which is

352 used to provide landscape management or maintenance or to move

353 leaves, dirt, grass, or other debris off of sidewalks,

354 driveways, lawns, or other surfaces.

355 (2) A municipality may not enact or enforce a resolution,

356 an ordinance, a rule, a code, or a policy or take any action

357 that restricts or prohibits the use of gasoline-powered farm

358 equipment or gasoline-powered landscape equipment and may not

359 create differing standards for such equipment or distinguish

360 such equipment from any electric or similar equipment in a

361 retail, manufacturer, or distributor setting.

362 (3) This section does not prohibit or limit a municipality

363 from encouraging the use of alternative farm or landscape

364 equipment, such as battery-powered farm or landscape equipment. Section 5. Paragraph (d) of subsection (2) of section

366 212.055, Florida Statutes, is amended to read:

367 212.055 Discretionary sales surtaxes; legislative intent;

368 authorization and use of proceeds.—It is the legislative intent

369 that any authorization for imposition of a discretionary sales

370 surtax shall be published in the Florida Statutes as a

371 subsection of this section, irrespective of the duration of the

372 levy. Each enactment shall specify the types of counties

373 authorized to levy; the rate or rates which may be imposed; the

374 maximum length of time the surtax may be imposed, if any; the

375 procedure which must be followed to secure voter approval, if

376 required; the purpose for which the proceeds may be expended;

377 and such other requirements as the Legislature may provide.

378 Taxable transactions and administrative procedures shall be as

379 provided in s. 212.054.

380 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—

381 (d) The proceeds of the surtax authorized by this

382 subsection and any accrued interest shall be expended by the

383 school district, within the county and municipalities within the

384 county, or, in the case of a negotiated joint county agreement,

385 within another county, to finance, plan, and construct

386 infrastructure; to acquire any interest in land for public

387 recreation, conservation, or protection of natural resources or

388 to prevent or satisfy private property rights claims resulting

389 from limitations imposed by the designation of an area of

390 critical state concern; to provide loans, grants, or rebates to

391 residential or commercial property owners who make energy

392 efficiency improvements to their residential or commercial

393 property, if a local government ordinance authorizing such use

394 is approved by referendum; or to finance the closure of county-

395 owned or municipally owned solid waste landfills that have been

396 closed or are required to be closed by order of the Department

397 of Environmental Protection. Any use of the proceeds or interest

398 for purposes of landfill closure before July 1, 1993, is

399 ratified. The proceeds and any interest may not be used for the

400 operational expenses of infrastructure, except that a county

401 that has a population of fewer than 75,000 and that is required

402 to close a landfill may use the proceeds or interest for long-

403 term maintenance costs associated with landfill closure.

404 Counties, as defined in s. 125.011, and charter counties may, in

405 addition, use the proceeds or interest to retire or service

406 indebtedness incurred for bonds issued before July 1, 1987, for

407 infrastructure purposes, and for bonds subsequently issued to

408 refund such bonds. Any use of the proceeds or interest for

409 purposes of retiring or servicing indebtedness incurred for

410 refunding bonds before July 1, 1999, is ratified.

411 1. For the purposes of this paragraph, the term

412 "infrastructure" means:

413 a. Any fixed capital expenditure or fixed capital outlay

414 associated with the construction, reconstruction, or improvement

415 of public facilities that have a life expectancy of 5 or more

416 years, any related land acquisition, land improvement, design,

417 and engineering costs, and all other professional and related

418 costs required to bring the public facilities into service. For

419 purposes of this sub-subparagraph, the term "public facilities"

420 has the same meaning ~~means facilities~~ as ~~defined~~ in s.

421 163.3164(43) ~~s. 163.3164(41),~~ s. 163.3221(13), or s. 189.012(5),

422 and includes facilities that are necessary to carry out

423 governmental purposes, including, but not limited to, fire

424 stations, general governmental office buildings, and animal

425 shelters, regardless of whether the facilities are owned by the

426 local taxing authority or another governmental entity.

427 b. A fire department vehicle, an emergency medical service

428 vehicle, a sheriff's office vehicle, a police department

429 vehicle, or any other vehicle, and the equipment necessary to

430 outfit the vehicle for its official use or equipment that has a

431 life expectancy of at least 5 years.

432 c. Any expenditure for the construction, lease, or

433 maintenance of, or provision of utilities or security for,

434 facilities, as defined in s. 29.008.

435 d. Any fixed capital expenditure or fixed capital outlay

436 associated with the improvement of private facilities that have

437 a life expectancy of 5 or more years and that the owner agrees

438 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

440 for emergency response equipment during an emergency officially

441 declared by the state or by the local government under s.

442 252.38. 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

445 local government providing the improvement funding to make the

446 private facility available to the public for purposes of

447 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

452 housing project in which at least 30 percent of the units are

453 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

462 sub-subparagraph.

463 f. Instructional technology used solely in a school

464 district's classrooms. As used in this sub-subparagraph, the

465 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

470 affixed to the facilities.

471 2. For the purposes of this paragraph, the term "energy

472 efficiency improvement" means any energy conservation and

473 efficiency improvement that reduces consumption through

474 conservation or a more efficient use of electricity, natural

475 gas, propane, or other forms of energy on the property,

476 including, but not limited to, air sealing; installation of

477 insulation; installation of energy-efficient heating, cooling,

478 or ventilation systems; installation of solar panels; building

479 modifications to increase the use of daylight or shade;

480 replacement of windows; installation of energy controls or

481 energy recovery systems; installation of electric vehicle

482 charging equipment; installation of systems for natural gas fuel

483 as defined in s. 206.9951; and installation of efficient

484 lighting equipment.

485 3. Notwithstanding any other provision of this subsection,

486 a local government infrastructure surtax imposed or extended

487 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

490 projects having a general public purpose of improving local

491 economies, including the funding of operational costs and

492 incentives related to economic development. The ballot statement

493 must indicate the intention to make an allocation under the

494 authority of this subparagraph.

495 4. Surtax revenues that are shared with eligible charter

496 schools pursuant to paragraph (c) shall be allocated among such

497 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

500 s. 216.136. Surtax revenues must be expended by the charter

501 school in a manner consistent with the allowable uses provided

502 in s. 1013.62(4). All revenues and expenditures shall be

503 accounted for in a charter school's monthly or quarterly

504 financial statement pursuant to s. 1002.33(9). If a school's

505 charter is not renewed or is terminated and the school is

506 dissolved under the provisions of law under which the school was

507 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

532 be suitable for bona fide agricultural production and surplused

533 by the Department of Environmental Protection, the department

534 shall 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

597 the 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

676 preserve, 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

723 Trust 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

819 to 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

840 repealed.

841 Section 13. Section 377.712, Florida Statutes, is

842 repealed.

843 Section 14. Present paragraphs (a) and (b) of subsection

844 (3) of section 403.0855, Florida Statutes, are redesignated as

845 paragraphs (b) and (c), respectively, a new paragraph (a) is

846 added to that subsection, and subsections (2) and (4) of that

847 section are amended, to read:

848 403.0855 Biosolids management.—

849 (2) The department shall adopt rules for biosolids

850 management. ~~Rules adopted by the department pursuant to this~~

851 ~~section may not take effect until ratified by the Legislature.~~

852 (3) For a new land application site permit or a permit

853 renewal issued after July 1, 2020, the permittee of a biosolids

854 land application site shall:

855 (a) Ensure that only Class AA biosolids are applied to the

856 soil.

857 (4)(a) All permits shall comply with the requirements of

858 paragraph (3)(a) ~~subsection (3)~~ by July 1, 2028 ~~2022.~~

859 (b) Local governments that do not transport biosolids for

860 land application outside of their respective county boundaries

861 shall comply with the requirements of paragraph (3)(a) by July

862 1, 2031. This paragraph may not be construed to prohibit the

863 transportation of Class B biosolids by a local government

864 outside of its boundaries to a Class AA biosolids treatment

865 facility or waste-to-energy facility located within the

866 boundaries of another local government.

867 Section 15. Present subsection (5) of section 482.071,

868 Florida Statutes, is redesignated as subsection (6), and a new

869 subsection (5) is added to that section, to read:

870 482.071 Licenses.—

871 (5) Each person applying for a pest control business

872 license or renewal thereof who will offer and perform

873 fumigations as a part of his or her regular business operations

874 must furnish to the department a certificate of insurance that

875 meets the requirement for minimum financial responsibility for

876 bodily injury and property damage, consisting of:

877 (a) Bodily injury coverage of $1 million per person and $2

878 million per occurrence; and property damage coverage of $1

879 million per occurrence and $2 million in the aggregate; or

880 (b) Combined single-limit coverage of $2 million in the

881 aggregate.

882 Section 16. Subsection (7) of section 482.161, Florida

883 Statutes, is amended to read:

884 482.161 Disciplinary grounds and actions; reinstatement.—

885 (7) The department, pursuant to chapter 120, in addition

886 to or in lieu of any other remedy provided by state or local

887 law, may impose an administrative fine in the Class III II

888 category pursuant to s. 570.971 for a violation of this chapter

889 or of the rules adopted pursuant to this chapter. In determining

890 the amount of fine to be levied for a violation, the following

891 factors shall be considered:

892 (a) The severity of the violation, including the

893 probability that the death, or serious harm to the health or

894 safety, of any person will result or has resulted; the severity

895 of the actual or potential harm; and the extent to which this

896 chapter or the rules adopted pursuant to this chapter were

897 violated;

898 (b) Any actions taken by the licensee or certified

899 operator in charge, or limited certificateholder, to correct the

900 violation or to remedy complaints;

901 (c) Any previous violations of this chapter or of the

902 rules adopted pursuant to this chapter; and

903 (d) The cost to the department of investigating the

904 violation. Section 17. Subsections (3) and (5) of section 482.165,

906 Florida Statutes, are amended to read:

907 482.165 Unlicensed practice of pest control; cease and

908 desist order; injunction; civil suit and penalty.—

909 (3) In addition to or in lieu of any remedy provided under

910 subsection (2), the department may institute a civil suit in

911 circuit court to recover a civil penalty for any violation for

912 which the department may issue a notice to cease and desist

913 under subsection (2). The civil penalty shall be in the Class

914 III II category pursuant to s. 570.971 for each offense. The

915 court may also award to the prevailing party court costs and

916 reasonable attorney fees.

917 (5) In addition to or in lieu of any remedy provided under

918 subsections (2) and (3), the department may, even in the case of

919 a first offense, impose a fine not less than twice the cost of a

920 pest control business license, but not more than a fine in the

921 Class III II category pursuant to s. 570.971, upon a

922 determination by the department that a person is in violation of

923 subsection (1). For the purposes of this subsection, the lapse

924 of a previously issued license for a period of less than 1 year

925 is not considered a violation.

926 Section 18. Subsections (20) and (21) are added to section

927 489.105, Florida Statutes, to read:

928 489.105 Definitions.—As used in this part:

929 (20) "Subcontractor" has the same meaning as in s.

930 558.002.

931 (21) "Supplier" has the same meaning as in s. 558.002.

932 Section 19. Section 489.1295, Florida Statutes, is created

933 to read:

934 489.1295 Prohibition against nonpayment.—

935 (1) A licensed contractor must compensate a subcontractor

936 or supplier, unless there is a bona fide dispute regarding the

937 amount due, if any, for services, labor, or materials:

938 (a) Within 45 days after receiving payment for the

939 services performed or materials supplied by the subcontractor or

940 supplier; or

941 (b) In accordance with the terms of the contract for such

942 services, labor, or materials.

943 (2) A licensed contractor who knowingly or willfully

944 violates this section is subject to disciplinary proceedings as

945 provided in s. 489.129.

946 Section 20. Subsection (6) of section 500.04, Florida

947 Statutes, is amended to read:

948 500.04 Prohibited acts.—The following acts and the causing

949 thereof within the state are prohibited:

950 (6) The obstruction of or refusal to permit entry or

951 inspection, or to permit the taking of a sample, as authorized

952 by s. 500.147.

953 Section 21. Section 500.81, Florida Statutes, is repealed.

954 Section 22. Subsection (5) of section 500.93, Florida Statutes, is amended to read:

956 500.93 Mislabeling of plant-based products as milk, meat,

957 or poultry.—

958 (5) The Department of Agriculture and Consumer Services

959 shall notify the Division of Law Revision upon the enactment

960 into law by any 11 of the group of 14 states composed of

961 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,

962 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,

963 Texas, Virginia, and West Virginia of the mandatory labeling

964 requirements pursuant to paragraphs (2)(a), (3)(a), and (4)(a)

965 ~~subsections (2) and (3).~~

966 Section 23. Section 501.013, Florida Statutes, is amended

967 to read:

968 501.013 Health studios; exemptions.—

969 (1) The following businesses or activities may be declared

970 exempt from ~~the provisions of~~ ss. 501.012-501.019 upon the

971 filing of an affidavit with the department establishing that the

972 stated qualifications are met:

973 (a)(1) A bona fide nonprofit organization which has been

974 granted tax-exempt status by the Internal Revenue Service.

975 (b)(2) A gymnastics school which engages only in

976 instruction and training and in which exercise is only

977 incidental to such instruction and training.

978 (c)(3) A golf, tennis, or racquetball club in which sports

979 play is the only activity offered by the club. If the facility

980 offers the use of physical exercise equipment, this exemption

981 shall not apply.

982 (d)(4) A program or facility which is offered and used

983 solely for the purpose of dance, aerobic exercise, or martial

984 arts, and which utilizes no physical exercise equipment.

985 (e)(5) A country club that has as its primary function the

986 provision of a social life and recreational amenities to its

987 members, and for which a program of physical exercise is merely

988 incidental to membership. As used in this paragraph ~~subsection,~~

989 the term "country club" means a facility that offers its members

990 a variety of services that may include, but need not be limited

991 to, social activities; dining, banquet, catering, and lounge

992 facilities; swimming; yachting; golf; tennis; card games such as

993 bridge and canasta; and special programs for members' children.

994 Upon the filing of an affidavit with the department establishing

995 that the stated qualifications of this paragraph ~~subsection~~ were

996 met before July 1, 1997, this paragraph ~~subsection~~ will apply

997 retroactively to the date that the country club met these

998 qualifications.

999 (f)(6) A program or facility that is offered by an

1000 organization for the exclusive use of its employees and their

1001 family members.

1002 (2) In addition to the businesses and activities listed in

1003 subsection (1), the department may exempt any other business or

1004 activity not in existence as of July 1, 2026, from ss. 501.012-

1005 501.019.

1006 Section 24. Section 501.062, Florida Statutes, is created

1007 to read:

1008 501.062 Unauthorized commercial solicitation; legislative

1009 intent; definitions; prohibited acts; penalties.—

1010 (1) LEGISLATIVE INTENT.—It is the intent of the

1011 Legislature to protect, preserve, and promote the safety,

1012 welfare, and peace of the citizens of this state by adopting

1013 measures to reduce the threat to private property rights,

1014 including the right to exclude and to be free from trespass of

1015 unauthorized commercial solicitation on private property when

1016 noticed by the property owner. It is the intent of this section

1017 to protect such private property rights by creating a uniform

1018 standard for notifying individuals or groups of individuals that

1019 commercial solicitation is prohibited on private property.

1020 (2) DEFINITIONS.—As used in this section, the term:

1021 (a) "Commercial solicitation" means the act of attempting

1022 to sell goods or services, or to raise funds for a commercial

1023 purpose, through direct or indirect contact with individuals,

1024 including, but not limited to, using words, body gestures, or

1025 signs, on behalf of a business or commercial entity.

1026 (b) "Dwelling" has the same meaning as in s. 810.011(2).

1027 (3) PROHIBITED ACTS.—A person may not engage in commercial

1028 solicitation on any dwelling that clearly and prominently

1029 displays a sign that is no less than 8.5 by 11 inches, is

1030 visible to any person approaching the dwelling, and clearly

1031 displays a statement which identifies the dwelling as private

1032 property on which commercial solicitation is prohibited, in

1033 substantially the following manner with letters at least 1 inch

1034 in height:

1036 THIS DWELLING IS DESIGNATED PRIVATE PROPERTY. NO

1037 COMMERCIAL SOLICITATION IS PERMITTED PURSUANT TO

1038 SECTION 501.062, FLORIDA STATUTES.

1040 (4) PENALTIES.—A person who violates subsection (3)

1041 commits a noncriminal violation, punishable as provided in s.

1042 775.083. A person who commits a second or subsequent violation

1043 commits a misdemeanor of the second degree, punishable as

1044 provided in s. 775.082 or s. 775.083.

1045 Section 25. Subsection (50) is added to section 570.07,

1046 Florida Statutes, to read:

1047 570.07 Department of Agriculture and Consumer Services;

1048 functions, powers, and duties.—The department shall have and

1049 exercise the following functions, powers, and duties:

1050 (50) Notwithstanding s. 20.04(7), to reorganize

1051 departmental units upon the approval of the commissioner.

1052 Section 26. Paragraph (c) is added to subsection (3) of

1053 section 570.822, Florida Statutes, to read:

1054 570.822 Agriculture and Aquaculture Producers Emergency

1055 Recovery Loan Program.—

1056 (3) ELIGIBLE APPLICANTS.—To be eligible for the program,

1057 an applicant must:

1058 (c) Be a United States citizen and a legal resident of

1059 this state before or on the date of the declared emergency. If

1060 the applicant is an entity as defined in s. 605.0102, the entity

1061 must be wholly owned and operated in the United States and

1062 possess an active certificate of status issued by the Department

1063 of State pursuant to chapter 605.

1064 Section 27. Section 570.832, Florida Statutes, is created to read:

1066 570.832 Florida Native Seed Research and Marketing

1067 Program.—The Florida Wildflower Foundation, Inc., in

1068 coordination with the department, shall, subject to

1069 appropriation, establish the Florida Native Seed Research and

1070 Marketing Program to conduct research designed to expand the

1071 availability and uses of native seeds and strengthen the market

1072 position of this state's native seed industry through marketing

1073 campaigns and promotions in this state and across the nation.

1074 Section 28. Section 570.846, Florida Statutes, is created

1075 to read:

1076 570.846 Florida Food Animal and Equine Veterinary Medicine

1077 Loan Repayment Program.—

1078 (1) PURPOSE.—To encourage specialized and qualified

1079 veterinary professionals to practice in this state, to retain

1080 the employment of such professionals in this state, and to

1081 promote the care and treatment of food animals and equine

1082 animals, there is established the Florida Food Animal and Equine

1083 Veterinary Medicine Loan Repayment Program. The purpose of the

1084 program is to authorize the department to make payments that

1085 offset loans incurred, for up to three new eligible candidates

1086 annually, for studies leading to a veterinary degree with a

1087 specialization in food animal or equine veterinary medicine.

1088 (2) DEFINITIONS.—As used in this section, the term:

1089 (a) "Equine" means a species of animal belonging to the

1090 taxonomic family equidae, which includes horses and donkeys.

1091 (b) "Food animal" means a species of animal raised for the

1092 human food supply. Food animals include cattle, swine, sheep,

1093 goat, poultry, aquaculture, and apiary species.

1094 (c) "Food animal and equine animal veterinary medicine"

1095 means a veterinary medical practice that encompasses medical

1096 care, disease prevention, and consultation on the feeding,

1097 housing, and overall flock, herd, or equine health management.

1098 (d) "Food animal or equine veterinarian" means a

1099 veterinarian working in food and equine animal veterinary

1100 medicine who focuses on the management and health of such

1101 animals and who spends a minimum of 20 hours per week on food

1102 animal species or equine animal species care and treatment.

1103 (3) ELIGIBILITY.—To be eligible for the program, a

1104 candidate must have graduated from an American Veterinary

1105 Medical Association-accredited college of veterinary medicine,

1106 have received a Florida veterinary medical license, have

1107 obtained a Category II Accreditation from the United States

1108 Department of Agriculture, and be a practicing food animal or

1109 equine animal veterinarian in this state.

1110 (4) FUNDING.—Subject to legislative appropriation, the

1111 department may make loan principal repayments of up to $25,000

1112 per eligible candidate per year. Loan principal repayments may

1113 be made on behalf of each eligible candidate each year for up to

1114 5 years. The department may select up to three new eligible

1115 candidates each year. All repayments are contingent upon

1116 continued proof of employment in this state as a practicing food

1117 animal or equine animal veterinarian.

1118 (5) DUPLICATION OF FINANCIAL ASSISTANCE.—An eligible

1119 candidate receiving financial assistance from the federal

1120 veterinary medicine loan repayment program as established in 7

1121 U.S.C. part 3151a is ineligible to receive financial assistance

1122 from the program under this section.

1123 (6) RULEMAKING.—The department may adopt any rule

1124 necessary for the administration of the program.

1125 Section 29. Subsection (1) of section 570.85, Florida

1126 Statutes, is amended to read:

1127 570.85 Agritourism.—

1128 (1) It is the intent of the Legislature to promote

1129 agritourism as a way to support bona fide agricultural

1130 production by providing a stream of revenue and by educating the

1131 general public about the agricultural industry. It is also the

1132 intent of the Legislature to eliminate duplication of regulatory

1133 authority over agritourism as expressed in this section. Except

1134 as otherwise provided for in this section, and notwithstanding

1135 any other law, a local government may not adopt or enforce a

1136 local ordinance, regulation, rule, or policy that prohibits,

1137 restricts, regulates, or otherwise limits an agritourism

1138 activity on land classified as agricultural land under s.

1139 193.461, and may not require a property owner to obtain a rural

1140 event venue permit or license. This subsection does not limit

1141 the powers and duties of a local government to address

1142 substantial offsite impacts of agritourism activities or an

1143 emergency as provided in chapter 252.

1144 Section 30. Subsection (6) is added to section 570.86,

1145 Florida Statutes, to read:

1146 570.86 Definitions.—As used in ss. 570.85-570.89, the

1147 term:

1148 (6) "Rural event venue" means a venue located on property

1149 classified as agricultural pursuant to s. 193.461 and used for

1150 special functions, such as weddings, receptions, corporate

1151 meetings, or similar gatherings.

1152 Section 31. Subsection (7) of section 573.112, Florida

1153 Statutes, is amended to read:

1154 573.112 Advisory council.—

1155 (7) Notwithstanding any provision of this section, the

1156 Citrus Research and Field Trial ~~Development~~ Foundation, Inc., a

1157 direct-support organization of the Department of Agriculture and

1158 Consumer Services ~~University of Florida~~ established pursuant to

1159 s. 570.691 ~~s. 1004.28,~~ shall serve as the advisory council for a

1160 citrus research marketing order, provide the department with

1161 advice on administering the order, and, in accordance with the

1162 order, conduct citrus research and perform other duties assigned

1163 by the department. Notwithstanding s. 570.691 ~~s. 1004.28(3)~~ or

1164 any provision of this section, the foundation's board of

1165 directors shall be composed of the Florida State Plant Health

1166 Inspection Service Director and, appointed by the Commissioner

1167 of Agriculture, 7 members who are ~~13 members, including 10~~

1168 citrus growers, ~~2 representatives of the university's Institute~~

1169 ~~of Food and Agricultural Sciences,~~ and 1 member who is a Florida

1170 citrus nursery representative. Members of the board of directors

1171 shall serve without compensation but ~~appointed by the~~

1172 ~~Commissioner of Agriculture, who~~ are each entitled to

1173 reimbursement from the foundation for per diem and travel

1174 expenses as provided in s. 112.061.

1175 Section 32. Subsection (32) of section 581.031, Florida

1176 Statutes, is amended to read:

1177 581.031 Department; powers and duties.—The department has

1178 the following powers and duties:

1179 (32) To conduct or cause to be conducted research

1180 projects, including, but not limited to, citrus canker and

1181 citrus greening, which are recommended by the Citrus Research

1182 and Field Trial ~~Development~~ Foundation, Inc., within the limits

1183 of appropriations made specifically for such purpose.

1184 Section 33. Subsection (4) of section 583.01, Florida

1185 Statutes, is amended to read:

1186 583.01 Definitions.—For the purpose of this chapter,

1187 unless elsewhere indicated, the term:

1188 (4) "Dealer" means a person, firm, or corporation,

1189 including a producer, processor, retailer, or wholesaler, that

1190 sells, offers for sale, or holds for the purpose of sale in this

1191 state 30 dozen or more eggs or its equivalent in any one week,

1192 or more than 20,000 ~~384~~ dressed birds annually ~~in any one week.~~

1193 Section 34. Section 590.02, Florida Statutes, is amended

1194 to read:

1195 590.02 Florida Forest Service; powers, authority, and

1196 duties; liability; building structures; Withlacoochee and Welaka

1197 Training Centers ~~Center.—~~

1198 (1) The Florida Forest Service has the following powers,

1199 authority, and duties to:

1200 (a) Enforce the provisions of this chapter;

1201 (b) Prevent, detect, and suppress wildfires wherever they

1202 may occur on public or private land in this state and do all

1203 things necessary in the exercise of such powers, authority, and

1204 duties;

1205 (c) Provide firefighting crews, who shall be under the

1206 control and direction of the Florida Forest Service and its

1207 designated agents;

1208 (d) Appoint center managers, forest area supervisors,

1209 forestry program administrators, a forest protection bureau

1210 chief, a forest protection assistant bureau chief, a field

1211 operations bureau chief, deputy chiefs of field operations,

1212 district managers, forest operations administrators, senior

1213 forest rangers, investigators, forest rangers, firefighter

1214 rotorcraft pilots, and other employees who may, at the Florida

1215 Forest Service's discretion, be certified as forestry

1216 firefighters pursuant to s. 633.408(8). Other law

1217 notwithstanding, center managers, district managers, forest

1218 protection assistant bureau chief, and deputy chiefs of field

1219 operations have Selected Exempt Service status in the state

1220 personnel designation;

1221 (e) Develop a training curriculum for wildland

1222 firefighters which must contain a minimum of 40 hours of

1223 structural firefighter training, a minimum of 40 hours of

1224 emergency medical training, and a minimum of 376 hours of

1225 wildfire training;

1226 (f) Pay the cost of the initial commercial driver license

1227 examination fee, and renewal for those employees whose position

1228 requires them to operate equipment requiring a license. This

1229 paragraph is intended to be an authorization to the department

1230 to pay such costs, not an obligation;

1231 (g) Provide fire management services and emergency

1232 response assistance and set and charge reasonable fees for

1233 performance of those services. Moneys collected from such fees

1234 shall be deposited into the Incidental Trust Fund of the Florida

1235 Forest Service;

1236 (h) Require all state, regional, and local government

1237 agencies operating aircraft in the vicinity of an ongoing

1238 wildfire to operate in compliance with the applicable state

1239 Wildfire Aviation Plan;

1240 (i) Authorize broadcast burning, prescribed burning, pile

1241 burning, and land clearing debris burning to carry out the

1242 duties of this chapter and the rules adopted thereunder; and

1243 (j) Make rules to accomplish the purposes of this chapter.

1244 (2) The Florida Forest Service's employees, and the

1245 firefighting crews under their control and direction, may enter

1246 upon any lands for the purpose of preventing, detecting, and

1247 suppressing wildfires and investigating smoke complaints or open

1248 burning not in compliance with authorization and to enforce the

1249 provisions of this chapter.

1250 (3) Employees of the Florida Forest Service and of

1251 federal, state, and local agencies, and all other persons and

1252 entities that are under contract or agreement with the Florida

1253 Forest Service to assist in firefighting operations as well as

1254 those entities, called upon by the Florida Forest Service to

1255 assist in firefighting may, in the performance of their duties,

1256 set counterfires, remove fences and other obstacles, dig

1257 trenches, cut firelines, use water from public and private

1258 sources, and carry on all other customary activities in the

1259 fighting of wildfires without incurring liability to any person

1260 or entity. The manner in which the Florida Forest Service

1261 monitors a smoldering wildfire or smoldering prescribed fire or

1262 fights any wildfire are planning level activities for which

1263 sovereign immunity applies and is not waived.

1264 (4)(a) The department may build structures,

1265 notwithstanding chapters 216 and 255, not to exceed a cost of

1266 $50,000 per structure from existing resources on forest lands,

1267 federal excess property, and unneeded existing structures. These

1268 structures must meet all applicable building codes.

1269 (b) Notwithstanding s. 553.80(1), the department shall

1270 exclusively enforce the Florida Building Code as it pertains to

1271 wildfire, law enforcement, and other Florida Forest Service

1272 facilities under the jurisdiction of the department.

1273 (5) The Florida Forest Service shall organize its

1274 operational units to most effectively prevent, detect, and

1275 suppress wildfires, and to that end, may employ the necessary

1276 personnel to manage its activities in each unit. The Florida

1277 Forest Service may construct lookout towers, roads, bridges,

1278 firelines, and other facilities and may purchase or fabricate

1279 tools, supplies, and equipment for firefighting. The Florida

1280 Forest Service may reimburse the public and private entities

1281 that it engages to assist in the suppression of wildfires for

1282 their personnel and equipment, including aircraft.

1283 (6) The Florida Forest Service shall undertake

1284 privatization alternatives for fire prevention activities

1285 including constructing fire lines and conducting prescribed

1286 burns and, where appropriate, entering into agreements or

1287 contracts with the private sector to perform such activities.

1288 (7) The Florida Forest Service may organize, staff, equip,

1289 and operate the Withlacoochee and Welaka Training Centers

1290 ~~Center.~~ The centers ~~center~~ shall serve as sites ~~a site~~ where

1291 fire and forest resource managers can obtain current knowledge,

1292 techniques, skills, and theory as they relate to their

1293 respective disciplines, and the centers:.

1294 (a) ~~The center~~ May establish cooperative efforts involving

1295 federal, state, and local entities; hire appropriate personnel;

1296 and engage others by contract or agreement with or without

1297 compensation to assist in carrying out the training and

1298 operations of the centers ~~center.~~

1299 (b) ~~The center~~ Shall provide wildfire suppression training

1300 opportunities for rural fire departments, volunteer fire

1301 departments, and other local fire response units.

1302 (c) ~~The center~~ Shall focus on curriculum related to, but

1303 not limited to, fuel reduction, an incident management system,

1304 prescribed burning certification, multiple-use land management,

1305 water quality, forest health, environmental education, and

1306 wildfire suppression training for structural firefighters.

1307 (d) ~~The center~~ May assess appropriate fees for food,

1308 lodging, travel, course materials, and supplies in order to meet

1309 their ~~its~~ operational costs and may grant free meals, room, and

1310 scholarships to persons and other entities as determined by the

1311 Florida Forest Service, regardless of whether training occurs at

1312 the Withlacoochee Training Center or Welaka Training Center or

1313 at another location ~~in exchange for instructional assistance.~~

1314 (8)(a) The Cross City Work Center shall be named the L.

1315 Earl Peterson Forestry Station. This is to honor Mr. L. Earl

1316 Peterson, Florida's sixth state forester, whose distinguished

1317 career in state government has spanned 44 years, and who is a

1318 native of Dixie County.

1319 (b) The Madison Forestry Station shall be named the Harvey

1320 Greene Sr. Forestry Station. This is to honor Mr. Harvey Greene

1321 Sr., a World War I veteran and pioneer in forestry in Madison

1322 County. In 1947, Mr. Harvey Greene Sr. offered to give the land

1323 on which the forestry station is located to the state; however,

1324 at that time, the state could not accept donations of land.

1325 Instead, Mr. Harvey Greene Sr. sold the land to the state and,

1326 with the proceeds of the sale, purchased forestry equipment to

1327 be used by the citizens of Madison County to plant trees and

1328 fight wildfires.

1329 (c) The Bonifay Forestry Station shall be named the John

1330 Michael Mathis Forestry Station. This is to honor the late Mr.

1331 John Michael Mathis, the Chipola Forestry Center manager whose

1332 distinguished career spanned 18 years, and who received many

1333 awards for his service, including commendation for leadership in

1334 wildfire mitigation for his service during Hurricane Michael.

1335 Mr. John Michael Mathis was a proud husband, father, forester,

1336 and friend.

1337 (9)(a) Notwithstanding ss. 273.055 and 287.16, the

1338 department may retain, transfer, warehouse, bid, destroy, scrap,

1339 or otherwise dispose of surplus equipment and vehicles that are

1340 used for wildland firefighting.

1341 (b) All money received from the disposition of state-owned

1342 equipment and vehicles that are used for wildland firefighting

1343 shall be retained by the department. Money received pursuant to

1344 this section is appropriated for and may be disbursed for the

1345 acquisition of exchange and surplus equipment used for wildland

1346 firefighting, and for all necessary operating expenditures

1347 related to such equipment, in the same fiscal year and the

1348 fiscal year following the disposition. The department shall

1349 maintain records of the accounts into which the money is

1350 deposited.

1351 (10)(a) Notwithstanding the provisions of s. 252.38, the

1352 Florida Forest Service has exclusive authority to require and

1353 issue authorizations for broadcast burning and agricultural and

1354 silvicultural pile burning. An agency, commission, department,

1355 county, municipality, or other political subdivision of the

1356 state may not adopt or enforce laws, regulations, rules, or

1357 policies pertaining to broadcast burning or agricultural and

1358 silvicultural pile burning.

1359 (b) The Florida Forest Service may delegate to a county,

1360 municipality, or special district its authority:

1361 1. As delegated by the Department of Environmental

1362 Protection pursuant to ss. 403.061(29) and 403.081, to manage

1363 and enforce regulations pertaining to the burning of yard trash

1364 in accordance with s. 590.125(6).

1365 2. To manage the open burning of land clearing debris in

1366 accordance with s. 590.125.

1367 Section 35. Section 595.421, Florida Statutes, is created

1368 to read:

1369 595.421 Farmers Feeding Florida Program.—There is

1370 established the Farmers Feeding Florida Program to coordinate

1371 with Feeding Florida, or its successor entity, for the

1372 acquisition, transportation, and distribution of non-Emergency

1373 Food Assistance Program fresh food products for the benefit of

1374 residents who are food insecure due to a lack of local food

1375 resources, accessibility, and affordability.

1376 (1) In order to implement the program, Feeding Florida

1377 shall:

1378 (a) Enter into an agreement with the department to

1379 provide, at a minimum, all of the following services:

1380 1. Transportation of non-Emergency Food Assistance Program

1381 fresh food products using owned vehicles or contracted

1382 commercial vehicles.

1383 2. Coordination of the purchase and pickup of food from

1384 the purchase location and delivery to the distribution location.

1385 (b) Submit monthly reports to the department, beginning

1386 July 1, 2026, which include, at a minimum, all of the following:

1387 1. A detailed record of the amount of food purchased,

1388 measured per pound and itemized according to its commodity type.

1389 2. Food purchase locations.

1390 3. Food purchase dates.

1391 4. The date of delivery and locations to which the food

1392 was distributed.

1393 (c) Submit quarterly reports, beginning July 1, 2026, to

1394 the chairs of the legislative appropriations committees,

1395 including all of the following information:

1396 1. A detailed record of the amount of food distributed,

1397 measured per pound and itemized according to its commodity type.

1398 2. The distribution locations.

1399 3. An itemized list of the types of commodities

1400 distributed.

1401 (2) Foods purchased by Feeding Florida through the program

1402 are restricted to charitable purposes for hunger relief and may

1403 not reenter the wholesale, retail, or secondary market.

1404 (3) Feeding Florida may not, in implementing this section,

1405 allow a candidate for elective office to host a food

1406 distribution event during the period of time between the last

1407 day of the election qualifying period and the date of the

1408 election if the candidate is opposed for election or reelection

1409 at the time of the event. This subsection does not apply if the

1410 event is in response to a declared state of emergency.

1411 Section 36. Present paragraph (c) of subsection (7) of

1412 section 597.004, Florida Statutes, is redesignated as paragraph

1413 (d) and amended, a new paragraph (c) is added to that

1414 subsection, and paragraph (a) of subsection (2) of that section is amended, to read:

1416 597.004 Aquaculture certificate of registration.—

1417 (2) RULES.—

1418 (a) The department, in consultation with the Department of

1419 Environmental Protection, the water management districts,

1420 environmental groups, and representatives from the affected

1421 farming groups, shall adopt rules to:

1422 1. Specify the requirement of best management practices to

1423 be implemented by holders of aquaculture certificates of

1424 registration.

1425 2. Establish procedures for holders of aquaculture

1426 certificates of registration to submit the notice of intent to

1427 comply with best management practices.

1428 3. Establish schedules for implementation of best

1429 management practices, and of interim measures that can be taken

1430 prior to adoption of best management practices. Interim measures

1431 may include the continuation of regulatory requirements in

1432 effect on June 30, 1998.

1433 4. Establish a system to assure the implementation of best

1434 management practices, including recordkeeping requirements.

1435 5. Require any facility that cultures Micropterus

1436 salmoides ~~floridanus~~ to maintain stock acquisition documentation

1437 or records of genetic testing.

1438 (7) REGISTRATION AND RENEWALS.—

1439 (c) The department may not renew a certificate of

1440 registration for a facility that is not compliant with this

1441 section unless documentation of corrective action is provided

1442 with the renewal application.

1443 (d)(c) A ~~Any~~ person whose certificate of registration has

1444 been revoked or suspended must reapply to the department for

1445 certification. A person, a company, or an entity, or a principal

1446 of a company or an entity whose certificate of registration has

1447 been revoked, may not reapply for a period of 3 years.

1448 Section 37. Paragraph (a) of subsection (5) of section

1449 597.010, Florida Statutes, is amended to read:

1450 597.010 Shellfish regulation; leases.—

1451 (5) LEASES IN PERPETUITY; RENT.—

1452 (a) All leases issued previously under ~~the provisions of~~

1453 s. 379.2525 shall be enforced under the authority of this

1454 chapter, notwithstanding any other law to the contrary, and

1455 shall continue in perpetuity under such restrictions as stated

1456 in the lease agreement. The annual rental fee charged for all

1457 leases shall consist of the minimum rate of $15 per acre, or any

1458 fraction of an acre, per year and may ~~shall~~ be adjusted on

1459 January 1, 1995, and every 5 years thereafter, based on the 5-

1460 year average change in the Consumer Price Index. Rent must ~~shall~~

1461 be paid in advance of January 1 of each year or, in the case of

1462 a new lease, at the time of signing, regardless of who holds the

1463 lease.

1464 Section 38. Paragraphs (b) and (c) of subsection (1) of section 599.012, Florida Statutes, are amended to read:

1466 599.012 Florida Wine Trust Fund; creation.—

1467 (1) There is established the Florida Wine Trust Fund

1468 within the Department of Agriculture and Consumer Services. The

1469 department shall use the moneys deposited in the trust fund

1470 pursuant to subsection (2) to do all the following:

1471 (b) Promote wine ~~viticulture~~ products manufactured from

1472 products grown in the state.

1473 (c) Provide grants for wine and viticultural research.

1474 Section 39. Subsection (3) of section 601.13, Florida

1475 Statutes, is amended to read:

1476 601.13 Citrus research; administration by Department of

1477 Citrus; appropriation.—

1478 (3) An entity that solicits research proposals and awards

1479 funding for those proposals expending funds received from the

1480 State Treasury on citrus production research conducted pursuant

1481 to chapter 573, as recommended by the Citrus Research and Field

1482 Trial ~~Development~~ Foundation, Inc., or conducted through

1483 contract with the department shall deliver a report that

1484 includes all of the following information to the commission

1485 biannually and at the request of the commission:

1486 (a) Project plans selected for funding.

1487 (b) The financial status of the projects.

1488 (c) Current findings of the funded research.

1489 (d) Availability of citrus products or application of

1490 growers' practices found through funded research.

1491 (e) The status of the commercialization process of such

1492 products or practices.

1493 Section 40. Section 616.001, Florida Statutes, is amended

1494 to read:

1495 616.001 Definitions.—As used in this chapter, the term:

1496 (1) "Annual public fair" means a ~~community, county,~~

1497 ~~district, regional, or state~~ fair that is held and conducted by

1498 a fair association and permitted by the department pursuant to

1499 s. 616.15.

1500 (2) "Authority" means the Florida State Fair Authority.

1501 (3) ~~"Community fair" means an annual public fair that~~

1502 ~~serves an area of less than an entire county, has exhibits that~~

1503 ~~are in accordance with s. 616.17, and gives premiums or awards~~

1504 ~~to exhibitors. Agricultural products shall be produced in the~~

1505 ~~community the exhibit represents. The majority of the board of~~

1506 ~~directors of the fair shall reside, be employed, or operate a~~

1507 ~~business in the community the fair represents.~~

1508 ~~(4)~~ "Concession" means use by a fair association, or a

1509 grant, lease, or license to a third party, of a portion of the

1510 land under the ownership, custody, or control of a fair

1511 association for specific uses, or the right to enter upon the

1512 land for specific purposes, such as providing rides, games,

1513 food, beverage, merchandise for sale, exhibits, projects,

1514 activities, events, programs, or other uses authorized in this

1515 chapter.

1516 ~~(5) "County fair" means an annual public fair that serves~~

1517 ~~an entire county and provides exhibitors with premiums or awards~~

1518 ~~for exhibits that are in accordance with s. 616.17. Agricultural~~

1519 ~~products must be typical of those produced in the county the~~

1520 ~~exhibit represents. The majority of the board of directors of~~

1521 ~~the fair shall reside, be employed, or operate a business in the~~

1522 ~~county that the fair association represents.~~

1523 (4)(6) "Department" means the Department of Agriculture

1524 and Consumer Services.

1525 ~~(7) "District fair" means an annual public fair that~~

1526 ~~serves at least five counties and has exhibits that meet the~~

1527 ~~requirements of s. 616.17. A district fair shall pay at least~~

1528 ~~$25,000 in cash premiums or awards to exhibitors. Agricultural~~

1529 ~~products must be typical of those produced in the counties the~~

1530 ~~exhibit represents. Livestock may originate from outside the~~

1531 ~~district, but must be registered in the exhibitor's name at~~

1532 ~~least 30 days before the opening day of the fair. Each county is~~

1533 ~~encouraged to have proportionate exhibits, typical of its~~

1534 ~~respective natural resources. Each county shall have exhibits~~

1535 ~~representing basic resources in agriculture and industry.~~

1536 (5)(8) "Entry" means one item entered for competition or

1537 show. An entry may constitute an exhibit, depending upon the

1538 regulations stated in the premium book.

1539 (6)(9) "Exhibit" means one or more entries entered for

1540 exhibition and constituting a unit. An exhibit may consist of

1541 one or more entries, depending upon the regulations stated in

1542 the premium book. The term includes parades and displays of

1543 articles or a collection of articles, whether static,

1544 interactive, or dynamic, by a fair association or a third party

1545 contracting with a fair association, such as exhibits of

1546 animals, art, housewares, or motor vehicles.

1547 ~~(7)(10)~~ "Exhibitor" means an individual, a group of

1548 individuals, or a business, including a fair association or

1549 third party contracting with a fair association, which has an

1550 exhibit.

1551 ~~(8)(11)~~ "Fair association" or "association" means an

1552 association not for profit incorporated under this chapter for

1553 the purpose of conducting and operating public fairs or

1554 expositions.

1555 ~~(9)(12)~~ "Public fair or exposition" means a project,

1556 activity, event, or program, and use by a fair association,

1557 including, but not limited to, the annual public fair, which

1558 serves the purposes specified in s. 616.08 and benefits and

1559 develops the educational, agricultural, horticultural,

1560 livestock, charitable, historical, civic, cultural, scientific,

1561 and other resources of this state, or any county, municipality,

1562 or other community in this state.

1563 ~~(13) "Regional fair" or "interstate fair" means an annual~~

1564 ~~public fair of this state and other states in which fair~~

1565 ~~exhibits meet the requirements of s. 616.17. Agricultural~~

1566 ~~products must be typical of those produced in the area the~~

1567 ~~exhibit represents.~~

1568 ~~(10)(14)~~ "Specialized show" means a show or an exhibition

1569 exhibiting and emphasizing livestock or poultry, or a fruit or

1570 vegetable festival, and must meet the minimum exhibit

1571 requirements specified in s. 616.17. ~~A specialized show may~~

1572 ~~qualify under one of the definitions in subsections (3), (5),~~

1573 ~~(7), and (15).~~

1574 ~~(11)(15)~~ "State fair" means an annual public fair that

1575 serves the entire state. ~~Exhibits must comply with s. 616.17,~~

1576 ~~and cash premiums or awards may be given to exhibitors.~~

1577 Section 41. Section 616.01, Florida Statutes, is amended

1578 to read:

1579 616.01 Requirements for ~~Number of persons required;~~

1580 ~~requisites of~~ proposed ~~charter.—Twenty-five or more persons who~~

1581 ~~are~~ Residents and qualified electors of the county in which the

1582 annual public fair is to be located, who wish to form an

1583 association not for profit for the purpose of conducting and

1584 operating public fairs or expositions, may become incorporated

1585 in the following manner. The applicant must ~~subscribers shall~~

1586 submit the proposed charter to the department for review and

1587 approval or denial. If the proposed charter is denied, the

1588 department must provide the applicant with a letter sent to the

1589 mailing address provided on the proposed charter and include a

1590 complete listing of all deficiencies, if any, which must be

1591 remedied before resubmittal of the proposed charter for

1592 approval. If the proposed charter is approved, the applicant

1593 must ~~subscribers shall~~ sign and present a notarized copy of the

1594 proposed charter to the judge of the circuit court for the

1595 county in which the principal office of the association will be

1596 located. The proposed charter must specify:

1597 (1) The name of the association and the place where the

1598 principal office is to be located. The name of the association

1599 must ~~shall~~ include the word, "Inc."

1600 (2) The general nature of the objectives and powers of the

1601 association, including a provision that the association is

1602 incorporated for the sole purpose of conducting and operating

1603 public fairs or expositions.

1604 (3) The qualifications and terms of association members

1605 and criteria for their admission and expulsion. Provision must

1606 ~~may~~ be made in the charter for ex officio membership.

1607 (4) The time for which the association is to exist.

1608 (5) The name and residence of each subscriber.

1609 (6) Procedures for the election of and governance by

1610 officers, who may be elected or appointed.

1611 (7) The designation of officers who will manage the

1612 affairs of the association until the first election or

1613 appointment under the charter.

1614 (8) Procedures for the adoption, amendment, or rescission

1615 of bylaws of the association.

1616 (9) The highest amount of indebtedness or liability that

1617 may be accrued by the association.

1618 (10) The name of an elected member of the board of county

1619 commissioners of the county in which the principal office of the

1620 association will be located, who will serve as an ex officio

1621 member of the board of directors of the association.

1622 (11) The official e-mail address of the association which

1623 will be used for the purpose of official communication between

1624 the association and governmental entities.

1625 (12) The language for the oath that will be taken by the

1626 applicant, which must include, but is not limited to, all of the

1627 following:

1628 (a) That the primary objective of the association is for

1629 public service and to hold, conduct, and promote public fairs or

1630 expositions.

1631 (b) That money and other available assets in value

1632 exceeding $5,000 have been provided for purposes designated by

1633 the association.

1634 (c) That the association will operate in good faith to

1635 carry out the purposes and objectives set forth in the charter.

1636 Section 42. Section 616.02, Florida Statutes, is amended

1637 to read:

1638 616.02 Fair associations per county ~~Acknowledgment of~~

1639 ~~charter.—~~

1640 (1) Beginning July 1, 2026, there may be only one

1641 incorporated fair association per county in this state,

1642 excluding the state fair, which may be incorporated and

1643 conducted in any county. The department may not approve a

1644 proposed charter incorporating a fair association within the

1645 same county in which a fair association currently exists. The

1646 department may waive this requirement at the discretion of the

1647 Commissioner of Agriculture.

1648 (2) Any fair association incorporated before July 1, 2026,

1649 may conduct public fairs or expositions and exercise the

1650 authority provided to them pursuant to this chapter ~~The proposed~~

1651 ~~charter of a fair association shall be acknowledged by at least~~

1652 ~~three of its subscribers before an officer authorized to make~~

1653 ~~acknowledgment of deeds. Subscribers shall also make and take an~~

1654 ~~oath, which must be attached to the proposed charter, stating~~

1655 ~~that the primary objective of the association is public service~~

1656 ~~and holding, conducting, and promoting public fairs or~~

1657 ~~expositions; that money and other available assets in value~~

1658 ~~exceeding $5,000 have been provided for the purposes of the~~

1659 ~~association; and that the association will operate in good faith~~

1660 ~~to carry out the purposes and objectives set forth in its~~

1661 ~~charter.~~

1662 Section 43. Section 616.03, Florida Statutes, is amended

1663 to read:

1664 616.03 ~~Notice of application;~~ Approval and record of

1665 charter.—Upon approval by the department, ~~A notice of intention~~

1666 ~~to apply to the circuit court for the charter of a fair~~

1667 ~~association must specify the date that application will be made,~~

1668 ~~shall be sent to the department for approval, and shall be~~

1669 ~~published in a newspaper in the county where the principal~~

1670 ~~office of the association will be located once each week for 4~~

1671 ~~consecutive weeks. The notice must briefly summarize the charter~~

1672 ~~and objectives of the proposed association.~~ the proposed charter

1673 must ~~shall~~ be submitted to and approved by the board of county

1674 commissioners of the county in which the principal office of the

1675 association will be located. After approval by the ~~department~~

1676 ~~and the~~ board of county commissioners, the proposed charter and

1677 proof of approval must ~~and publication shall~~ be submitted to the

1678 circuit judge ~~on the date specified in the notice.~~ If no cause

1679 is shown to the contrary and the judge finds that the proposed

1680 charter is in proper form and will serve the primary objective

1681 of public service, the judge must ~~shall~~ approve the charter and

1682 issue an order incorporating the applicant ~~subscribers~~ under the

1683 charter for the objectives and purposes specified in the

1684 charter. The charter and order of incorporation must ~~shall~~ be

1685 recorded in the office of the clerk of the circuit court in the

1686 county where the principal office of the association will be

1687 located and provided to the department. After the order is

1688 recorded, the applicant ~~subscribers~~ and any ~~their~~ associates are

1689 incorporated with the objectives and powers established in the

1690 charter and under the name given in the charter. ~~During the~~

1691 ~~publication period, the proposed charter shall be on file in the~~

1692 ~~office of the clerk of the circuit court.~~ This section does not

1693 preclude a fair association from also filing its duly approved

1694 charter with the Department of State pursuant to chapter 617 for

1695 notice purposes.

1696 Section 44. Subsection (2) of section 616.05, Florida

1697 Statutes, is amended to read:

1698 616.05 Amendment of charter.—A fair association may

1699 propose an amendment to its charter by resolution as provided in

1700 its charter or bylaws.

1701 (2) After the department approves the proposed amendment,

1702 it will be incorporated into the original charter upon:

1703 (a) ~~Publication of notice in the same manner as provided~~

1704 ~~in s. 616.03;~~

1705 ~~(b)~~ Filing the order of the circuit judge approving the

1706 amendment with the office of the clerk of the circuit court and

1707 the department; and

1708 (b)(c) Being recorded in the clerk's office.

1710 If a fair association has filed its charter with the Department

1711 of State pursuant to chapter 617, a copy of any amendment to the

1712 charter must be filed with the Department of State for notice

1713 purposes.

1714 Section 45. Section 616.051, Florida Statutes, is amended to read:

1716 616.051 Dissolving a charter.—

1717 (1) A fair association may dissolve its charter by

1718 resolution as provided in its charter or bylaws. The proposal

1719 for dissolving the charter shall be submitted to the department

1720 for approval.

1721 (2) Upon approval by the department and upon presentation

1722 of sufficient evidence demonstrating ~~and publication of notice~~

1723 ~~and proof~~ that all indebtedness has been paid and no claims are

1724 outstanding against the association, the circuit judge may, by

1725 decree, dissolve the association and order the distribution of

1726 its remaining assets. Such assets must be distributed, by

1727 resolution of the board of directors, to the county in which the

1728 principal office of the association is located unless otherwise

1729 specified by the deed of the property held by the association

1730 ~~its remaining public funds to be distributed as recommended by~~

1731 ~~the board of directors.~~

1732 Section 46. Subsection (3) of section 616.07, Florida

1733 Statutes, is amended, and subsections (1) and (2) of that

1734 section are republished, to read:

1735 616.07 Members not personally liable; property of

1736 association held in trust; exempt from taxation.—

1737 (1) A member, officer, director, or trustee of a fair

1738 association is not personally liable for any of the debts of the

1739 association, and money or property of a fair association may not

1740 be distributed as profits or dividends among its members,

1741 officers, directors, or trustees.

1742 (2) All money and property of the association, except that

1743 necessary for the payment of its just debts and liabilities, are

1744 public property, shall be administered by the association as

1745 trustee, and shall be used exclusively for the legitimate

1746 purpose of the association. So long as they are used for that

1747 purpose, all money and property of the association are exempt

1748 from all forms of taxation, including special assessments, and

1749 any projects, activities, events, programs, and uses authorized

1750 by this part serve an essential governmental purpose and,

1751 therefore, are not taxable and are not subject to assessments.

1752 This subsection does not apply to chapter 212.

1753 ~~(3) Upon order of the circuit judge, any public funds or~~

1754 ~~property remaining in a fair association when the association is~~

1755 ~~dissolved shall be distributed by resolution of the board of~~

1756 ~~directors to any county or any municipality within the county.~~

1757 ~~The board may designate in the distribution resolution the~~

1758 ~~public project that will benefit from the funds or the manner in~~

1759 ~~which the property will be used. If property has been~~

1760 ~~contributed by a municipality or county, the property shall be~~

1761 ~~reconveyed to the municipality or county that gave the property~~

1762 ~~to the association.~~

1763 Section 47. Section 616.101, Florida Statutes, is amended

1764 to read:

1765 616.101 Annual review of accounts and records; review of

1766 charter.—

1767 (1) The accounts and records of a ~~every~~ fair association

1768 whose annual public fair has an annual attendance of more than

1769 25,000, based upon recorded attendance from the previous year,

1770 must ~~shall~~ be reviewed annually by a qualified accountant

1771 licensed by the state. A fair association whose annual public

1772 fair has an annual attendance of 25,000 or fewer, based upon

1773 recorded attendance from the previous year, or a fair

1774 association that is holding an annual public fair for the first

1775 time, must submit an annual financial statement that has been

1776 signed by an officer of the county. The results of the reviews

1777 must ~~shall~~ be kept in the official records of each association,

1778 available to all directors of the association. A certified copy

1779 of the review must ~~shall~~ be filed with the department:

1780 (a)(1) On request by the department to certify

1781 expenditures of the premiums awarded to exhibitors of a fair or

1782 of building funds if ~~when~~ there is evidence of a violation of

1783 state laws; or

1784 (b)(2) When the association is applying for a fair permit.

1785 (2) A fair association shall, every 5 years beginning July

1786 1, 2026, review its charter and submit to the department a

1787 certified copy of the charter which incorporates any amendment

1788 made during the last 5 years. A designated member of the

1789 association shall attest that the charter is accurate and

1790 factual when submitting the certified copy to the department.

1791 Section 48. Section 616.15, Florida Statutes, is amended

1792 to read:

1793 616.15 Permit from Department of Agriculture and Consumer

1794 Services required.—

1795 (1) An annual public fair may not be conducted by a fair

1796 association without a permit issued by the department. The

1797 association shall present to the department an application for a

1798 permit, signed by an officer of the association, at least 90

1799 calendar days ~~3 months~~ before holding the annual public fair.

1800 The application must ~~shall~~ be accompanied by a fee in an amount

1801 to be determined by the department for processing the

1802 application and making any required investigation. The

1803 application fee must be at least $183 and may not exceed $366.

1804 Fees collected under this subsection shall be deposited in the

1805 General Inspection Trust Fund of the State Treasury in a special

1806 account to be known as the "Agricultural and Livestock Fair

1807 Account." A copy of the application must be sent to each fair

1808 association located within 50 miles of the site of the proposed

1809 annual public fair at the same time the application is sent to

1810 the department. The department may issue a permit if the

1811 applicant provides:

1812 (a) The opening and closing dates of the proposed annual

1813 public fair.

1814 (b) The name and address of the owner of the central

1815 amusement attraction that will operate during the annual public

1816 fair.

1817 (c) An affidavit properly executed by the president or

1818 chief executive officer of the applicant association certifying

1819 the existence of a binding contract entered into by the

1820 association and the owner of the central amusement attraction

1821 covering the period for which the permit from the department is

1822 applied. The contract between the parties must ~~shall~~ be

1823 available for inspection by duly authorized agents of the

1824 department in administering this chapter.

1825 (d) A copy of the association's charter which incorporates

1826 all amendments made ~~A written statement that the main purpose of~~

1827 ~~the association is to conduct and operate a public fair and~~

1828 ~~exposition, including the annual fair, for the benefit and~~

1829 ~~development of the educational, agricultural, horticultural,~~

1830 ~~livestock, charitable, historical, civic, cultural, scientific,~~

1831 ~~and other resources of the geographical area the fair~~

1832 ~~association represents and serves. The statement must be~~

1833 ~~subscribed and acknowledged by an officer of the association~~

1834 ~~before an officer authorized to take acknowledgments.~~

1835 (e) A premium list of the current annual public fair to be

1836 conducted and or a copy of the previous year's premium list

1837 showing all premiums and awards to be offered to exhibitors in

1838 various departments of the annual public fair, which may

1839 include, but are not limited to, art exhibition;, beef cattle;,

1840 county exhibits;, dairy cattle;, horticulture;, swine;, ~~women's~~

1841 ~~department,~~ 4-H Club activities;, Future Farmers of America

1842 activities; Family, Career and Community Leaders of America

1843 ~~Future Homemakers of America~~ activities;, poultry and egg

1844 exhibits;, and community exhibits. The premium list, which may

1845 be submitted separately from the application, must be submitted

1846 at least 60 calendar days before the annual public fair begins

1847 operation.

1848 (f) A complete listing of all exhibits required pursuant

1849 to s. 616.17 ~~Proof of liability insurance insuring the~~

1850 ~~association against liability for injury to persons, in an~~

1851 ~~amount of not less than $300,000 per occurrence.~~

1852 ~~(g) A copy of the most recent review.~~

1853 ~~(h) A list of all current members of the board of~~

1854 ~~directors of the association and their contact information,~~

1855 ~~including home address.~~

1857 The department shall issue the permit within 10 calendar days

1858 after it receives ~~all~~ the information required by this

1859 subsection ~~and the applicant qualifies pursuant to this section.~~

1860 (2) At least 21 calendar days before holding the annual

1861 public fair, the association shall present the department with

1862 all of the following information:

1863 (a) Proof of liability insurance insuring the association

1864 against liability for injury to persons, in an amount not less

1865 than $300,000 per occurrence.

1866 (b) A copy of the association's most recent annual

1867 financial statement pursuant to s. 616.101.

1868 (c) A list of all current members of the board of

1869 directors of the association and their contact information,

1870 including mailing addresses.

1871 (3)(2) The department shall administer and enforce ~~the~~

1872 ~~provisions of~~ this chapter except as to the regulation of games,

1873 which shall be regulated by local law enforcement agencies. The

1874 department shall adopt rules to administer this chapter,

1875 including rules governing the form and contents of the

1876 application for the permit and any reports that it deems ~~may~~

1877 ~~deem~~ necessary in enforcing the provisions of this chapter.

1878 (4)(3) Notwithstanding any fair association meeting the

1879 requirements set forth in subsection (1), the department may

1880 order a full investigation to determine if the fair association

1881 meets the requirements of this part ~~s. 616.01,~~ and may withhold

1882 a permit from, deny a permit to, or withdraw a permit once

1883 issued to the association. The department shall also consider

1884 whether any proposed annual public fair, as set forth in an

1885 application for a permit, will compete with another annual

1886 public fair within 50 miles of the proposed annual public fair

1887 with respect to name, dates of operation, or market. The

1888 department may deny, withhold, or withdraw a permit from a fair

1889 association if the department determines that such fair

1890 association will compete with another association. The

1891 department shall give preference to existing fair associations

1892 with established dates, locations, and names. The determination

1893 by the department is final.

1894 Section 49. Section 616.251, Florida Statutes, is amended

1895 to read:

1896 616.251 Florida State Fair Authority; creation;

1897 responsibility for staging annual state fair; exemptions.—

1898 (1) There is created and constituted the "Florida State

1899 Fair Authority," a public body corporate and politic, for the

1900 purposes and with the powers set forth in this part. Such

1901 instrumentality, hereinafter referred to as "the authority,"

1902 shall have perpetual succession. For the purposes of

1903 implementing the intent of this part, the authority shall be

1904 considered an instrumentality of the state, subject to the

1905 jurisdiction of the state. Any conflict with respect to that

1906 jurisdiction will be resolved by the authority and respective

1907 state agencies.

1908 (2) The authority shall operate under the supervision of

1909 the Commissioner of Agriculture, which supervision may include,

1910 but is not limited to, assisting, advising, and making

1911 recommendations regarding the financing and operation of the

1912 authority. In assisting and advising the authority, the

1913 Commissioner of Agriculture may make appropriate staff of the

1914 department available to the authority.

1915 (3) The authority is charged with the responsibility of

1916 staging an annual fair to serve the entire state. Cash premiums

1917 or awards may be given to exhibitors.

1918 (4) The authority shall be exempt from the requirements of

1919 part I of this chapter.

1920 (5)(4) The principal offices of the authority shall be in

1921 such place or places in or near the City of Tampa as the

1922 authority may from time to time designate.

1923 Section 50. Paragraph (b) of subsection (2) of section

1924 624.4032, Florida Statutes, is amended to read:

1925 624.4032 Nonprofit agricultural organization medical

1926 benefit plans.—

1927 (2) For purposes of this section, the term "nonprofit

1928 agricultural organization" means an organization that meets all

1929 of the following criteria:

1930 (b) Is exempt from federal income tax under s. 501(c)(5)

1931 ~~s. 501(c)(3)~~ of the Internal Revenue Code.

1932 Section 51. Subsection (1) of section 843.085, Florida

1933 Statutes, is amended, and subsection (5) of that section is

1934 republished, to read:

1935 843.085 Unlawful use of badges or other indicia of

1936 authority.—

1937 (1) It is unlawful for any person, unless appointed by the

1938 Governor pursuant to chapter 354, authorized by the appropriate

1939 agency, or displayed in a closed or mounted case as a collection

1940 or exhibit, to wear or display any authorized indicia of

1941 authority, including any badge, insignia, emblem, identification

1942 card, or uniform, or any colorable imitation thereof, of any

1943 federal, state, county, or municipal law enforcement agency, or

1944 other criminal justice agency as defined in s. 943.045, with the

1945 intent to mislead or cause another person to believe that he or

1946 she is a member of that agency or is authorized to display or

1947 wear such item, or to wear or display any item that displays in

1948 any manner or combination the word or words "police,"

1949 "patrolman," "patrolwoman," "agent," "sheriff," "deputy,"

1950 "trooper," "highway patrol," "commission officer," "Wildlife

1951 Officer," "Department of Environmental Protection officer,"

1952 "Marine Patrol Officer," "state attorney," "public defender,"

1953 "marshal," "constable," "bailiff," or "fire department,"

1954 "concealed weapon permit," or "concealed weapon permitholder,"

1955 with the intent to mislead or cause another person to believe

1956 that he or she is a member of that agency, if applicable, or is

1957 authorized to wear or display such item.

1958 (5) A violation of this section is a misdemeanor of the

1959 first degree, punishable as provided in s. 775.082 or s.

1960 775.083. This section is cumulative to any law now in force in

1961 the state.

1962 Section 52. Subsection (27) is added to section 934.02,

1963 Florida Statutes, to read:

1964 934.02 Definitions.—As used in this chapter:

1965 (27) "Signal jamming device" means a device or process,

1966 such as a phone jammer, global positioning systems blocker, or

1967 other similar device designed to intentionally block, jam, or

1968 interfere with radio communications, such as cellular and

1969 personal communication services, police radar, or global

1970 positioning systems.

1971 Section 53. Section 934.51, Florida Statutes, is created

1972 to read:

1973 934.51 Possession, use, and sale of signal jamming device;

1974 prohibition; exceptions; penalties.—

1975 (1) PROHIBITION.—It is unlawful to possess, manufacture,

1976 hold or offer for sale, sell, import, distribute, or use a

1977 signal jamming device in this state.

1978 (2) EXCEPTIONS.—This section does not apply to a federal

1979 or military law enforcement agency that lawfully installs,

1980 places, or uses a signal jamming device as part of a criminal

1981 investigation, or to any person duly authorized by the Federal

1982 Communications Commission.

1983 (3) PENALTIES.—A person who violates this section commits

1984 a misdemeanor of the first degree, punishable as provided in s.

1985 775.082 or s. 775.083.

1986 Section 54. (1) The Citrus Research and Development

1987 Foundation, Inc., the nonprofit corporation established in s.

1988 573.112(7), Florida Statutes, is merged into the Citrus Research

1989 and Field Trial Foundation, Inc.

1990 (2) The Citrus Research and Development Foundation, Inc.,

1991 must enter into a plan with the Citrus Research and Field Trial

1992 Foundation, Inc., for the merger. Such merger must be completed

1993 by October 1, 2026. The merger is subject to chapter 617,

1994 Florida Statutes, related to the merger of nonprofit

1995 corporations.

1996 (3) Any funds held in trust which were donated to or

1997 earned by the Citrus Research and Development Foundation, Inc.,

1998 shall be transferred to the Citrus Research and Field Trial

1999 Foundation, Inc., and shall be used for the original purposes of

2000 the funds.

2001 (4) The transfer of any program, activity, duty, or

2002 function under this act includes the transfer of any records and

2003 unexpected balances of appropriations, allocations, or other

2004 funds related to such program, activity, duty, or function.

2005 Except as otherwise provided by law, the Citrus Research and

2006 Field Trial Foundation, Inc., shall become the custodian of any

2007 property of the Citrus Research and Development Foundation,

2008 Inc., on the date specified in the plan of merger or October 1,

2009 2026, whichever occurs first.

2010 Section 55. Paragraph (a) of subsection (4) and subsection

2011 (6) of section 288.1175, Florida Statutes, are amended to read:

2012 288.1175 Agriculture education and promotion facility.—

2013 (4) The Department of Agriculture and Consumer Services

2014 shall certify a facility as an agriculture education and

2015 promotion facility if the Department of Agriculture and Consumer

2016 Services determines that:

2017 (a) The applicant is a unit of local government as defined

2018 in s. 218.369, or a fair association as defined in s. 616.001(8)

2019 ~~s. 616.001(11),~~ which is responsible for the planning, design,

2020 permitting, construction, renovation, management, and operation

2021 of the agriculture education and promotion facility or holds

2022 title to the property on which such facility is to be developed

2023 and located.

2024 (6) Funds may not be expended to develop or subsidize

2025 privately owned facilities, except for facilities owned by fair

2026 associations as defined in s. 616.001(8) ~~s. 616.001(11).~~

2027 Section 56. For the purpose of incorporating the amendment

2028 made by this act to section 287.1351, Florida Statutes, in a

2029 reference thereto, subsection (4) of section 287.056, Florida Statutes, is reenacted to read:

2031 287.056 Purchases from purchasing agreements and state

2032 term contracts; vendor disqualification.—

2033 (4) A firm or individual placed on the suspended vendor

2034 list pursuant to s. 287.1351 or placed on a disqualified vendor

2035 list pursuant to s. 287.133 or s. 287.134 is immediately

2036 disqualified from state term contract eligibility.

2037 Section 57. For the purpose of incorporating the amendment

2038 made by this act to section 287.1351, Florida Statutes, in a

2039 reference thereto, subsection (5) of section 287.138, Florida Statutes, is reenacted to read:

2041 287.138 Contracting with entities of foreign countries of

2042 concern prohibited.—

2043 (5) The Attorney General may bring a civil action in any

2044 court of competent jurisdiction against an entity that violates

2045 this section. Violations of this section may result in:

2046 (a) A civil penalty equal to twice the amount of the

2047 contract for which the entity submitted a bid or proposal for,

2048 replied to, or entered into;

2049 (b) Ineligibility to enter into, renew, or extend any

2050 contract, including any grant agreements, with any governmental

2051 entity for up to 5 years;

2052 (c) Ineligibility to receive or renew any license,

2053 certification, or credential issued by a governmental entity for

2054 up to 5 years; and

2055 (d) Placement on the suspended vendor list pursuant to s.

2056 287.1351.

2057 Section 58. For the purpose of incorporating the amendment

2058 made by this act to section 500.04, Florida Statutes, in a

2059 reference thereto, subsection (1) of section 500.177, Florida

2060 Statutes, is reenacted to read:

2061 500.177 Penalty for violation of s. 500.04; dissemination

2062 of false advertisement.—

2063 (1) Any person who violates any provision of s. 500.04 is

2064 guilty of a misdemeanor of the second degree, punishable as

2065 provided in s. 775.082 or s. 775.083; but, if the violation is

2066 committed after a conviction of such person under this section

2067 has become final, such person is guilty of a misdemeanor of the

2068 first degree, punishable as provided in s. 775.082 or s.

2069 775.083.

2070 Section 59. For the purpose of incorporating the amendment

2071 made by this act to section 616.07, Florida Statutes, in a

2072 reference thereto, subsection (13) of section 212.08, Florida

2073 Statutes, is reenacted to read:

2074 212.08 Sales, rental, use, consumption, distribution, and

2075 storage tax; specified exemptions.—The sale at retail, the

2076 rental, the use, the consumption, the distribution, and the

2077 storage to be used or consumed in this state of the following

2078 are hereby specifically exempt from the tax imposed by this

2079 chapter.

2080 (13) LIMITATIONS ON EXEMPTIONS.—No transactions shall be

2081 exempt from the tax imposed by this chapter except those

2082 expressly exempted herein. All laws granting tax exemptions, to

2083 the extent they may be inconsistent or in conflict with this

2084 chapter, including, but not limited to, the following designated

2085 laws, shall yield to and be superseded by the provisions of this

2086 subsection: ss. 125.019, 153.76, 154.2331, 159.15, 159.31,

2087 159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 315.11,

2088 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09, and the

2089 following Laws of Florida, acts of the year indicated: s. 31,

2090 chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12, chapter

2091 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter 31263,

2092 1955; s. 13, chapter 31343, 1955; s. 16, chapter 59-1653; s. 13,

2093 chapter 59-1356; s. 12, chapter 61-2261; s. 19, chapter 61-2754;

2094 s. 10, chapter 61-2686; s. 11, chapter 63-1643; s. 11, chapter

2095 65-1274; s. 16, chapter 67-1446; and s. 10, chapter 67-1681.

2096 This subsection does not supersede the authority of a local

2097 government to adopt financial and local government incentives

2098 pursuant to s. 163.2517.

2099 Section 60. For the purpose of incorporating the amendment

2100 made by this act to section 616.15, Florida Statutes, in a

2101 reference thereto, section 616.185, Florida Statutes, is

2102 reenacted to read:

2103 616.185 Trespass upon grounds or facilities of public

2104 fair; penalty; arrests.—

2105 (1) For the purposes of this chapter, trespass upon the

2106 grounds of the Florida State Fair Authority or any other fair

2107 association permitted under s. 616.15 means:

2108 (a) Entering and remaining upon any grounds or facilities

2109 owned, operated, or controlled by the Florida State Fair

2110 Authority or any other association permitted under s. 616.15 and

2111 committing any act that disrupts the orderly conduct of any

2112 authorized activity of the fair association in charge, or its

2113 lessees, licensees, or the general public on those grounds or

2114 facilities; or

2115 (b) Entering and remaining on those grounds or facilities

2116 after being directed not to enter or to leave them by the

2117 executive director of the authority, chief administrative

2118 officer of the fair association, or any employee or agent of the

2119 association designated by the executive director or

2120 administrator to maintain order on those grounds and facilities,

2121 after a determination by the executive director, administrator,

2122 employee, or agent that the entering or remaining on those

2123 grounds or facilities is in violation of the rules and

2124 regulations of the Florida State Fair Authority or permitted

2125 fair association or is disrupting the orderly conduct of any

2126 authorized activity of the fair association in charge, or its

2127 lessees, licensees, or the general public on those grounds or

2128 facilities.

2129 (2) Any person committing the offense of trespass upon the

2130 grounds of the Florida State Fair Authority or any other fair

2131 association permitted under s. 616.15 commits a misdemeanor of

2132 the second degree, punishable as provided in s. 775.082 or s.

2133 775.083.

2134 (3) A law enforcement officer may arrest any person on or

2135 off the premises, without a warrant, if the officer has probable

2136 cause for believing such person has committed the offense of

2137 trespass upon the grounds of the Florida State Fair Authority or

2138 any fair association permitted under s. 616.15. Such an arrest

2139 does not render the law enforcement officer criminally or

2140 civilly liable for false arrest, false imprisonment, or unlawful

2141 detention.

2142 Section 61. This act shall take effect July 1, 2026.