Bill Text: FL S1050 | 2015 | Regular Session | Comm Sub
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1050 Detail]
Download: Florida-2015-S1050-Comm_Sub.html
Florida Senate - 2015 CS for SB 1050 By the Committee on Appropriations; and Senator Montford 576-03816-15 20151050c1 1 A bill to be entitled 2 An act relating to the Department of Agriculture and 3 Consumer Services; creating s. 15.0521, F.S.; 4 designating tupelo honey as the official state honey; 5 amending s. 482.1562, F.S.; revising the date by which 6 an application for recertification of a limited 7 certification for urban landscape commercial 8 fertilizer is required; removing provisions imposing 9 late renewal charges; providing a grace period for 10 such recertification; amending s. 500.03, F.S.; 11 defining terms relating to the Florida Food Safety 12 Act; amending s. 570.07, F.S.; revising the functions, 13 powers, and duties of the department to include 14 sponsoring events; authorizing the department to 15 secure letters of patent, copyrights, and trademarks 16 on work products and to engage in acts accordingly; 17 amending s. 570.30, F.S.; removing electronic data 18 processing and management information systems support 19 for the department as a power and duty of the Division 20 of Administration; amending s. 570.441, F.S.; 21 authorizing the use of funds in the Pest Control Trust 22 Fund for activities of the Division of Agricultural 23 Environmental Services; providing for expiration; 24 amending s. 570.50, F.S.; revising the powers and 25 duties of the Division of Food Safety to include 26 analyzing milk, milk products, and frozen desserts 27 offered for sale in the state; amending s. 570.53, 28 F.S.; revising the powers and duties of the Division 29 of Marketing and Development to remove the enforcement 30 provisions relating to dealers in agricultural 31 products; amending s. 570.544, F.S.; revising the 32 duties of the director of the Division of Consumer 33 Services to include enforcement provisions relating to 34 dealers in agricultural products and grain dealers; 35 creating s. 570.68, F.S.; authorizing the Commissioner 36 of Agriculture to create an Office of Agriculture 37 Technology Services; providing duties of the office; 38 amending s. 570.681, F.S.; clarifying legislative 39 findings with regard to the Florida Agriculture Center 40 and Horse Park; amending s. 570.685, F.S.; authorizing 41 rather than requiring the department to provide 42 administrative and staff support services, meeting 43 space, and record storage for the Florida Agriculture 44 Center and Horse Park Authority; amending s. 571.24, 45 F.S.; clarifying the intent of the Florida 46 Agricultural Promotional Campaign as a marketing 47 program; removing an obsolete provision relating to 48 the designation of a division employee as a member of 49 the Advertising Interagency Coordinating Council; 50 amending s. 571.27, F.S.; removing obsolete provisions 51 relating to the authority of the department to adopt 52 rules for entering into contracts with advertising 53 agencies for services that are directly related to the 54 Florida Agricultural Promotional Campaign; amending s. 55 571.28, F.S.; revising provisions specifying 56 membership criteria of the Florida Agricultural 57 Promotional Campaign Advisory Council; amending s. 58 581.181, F.S.; providing applicability of provisions 59 requiring treatment or destruction of infested or 60 infected plants and plant products; repealing s. 61 589.26, F.S., relating to the authority of the Florida 62 Forest Service to dedicate and reserve state park 63 lands for public use; amending s. 595.402, F.S.; 64 defining terms relating to the school food and 65 nutrition service program; amending s. 595.404, F.S.; 66 revising the duties of the department with regard to 67 the school food and nutrition service program; 68 directing the department to collect and publish data 69 on food purchased by sponsors through the Florida Farm 70 to School Program and other school food and nutrition 71 service programs; amending s. 595.405, F.S.; 72 clarifying requirements for the school nutrition 73 program; requiring breakfast meals to be available to 74 all students in schools that serve any combination of 75 grades kindergarten through fifth; amending s. 76 595.406, F.S.; renaming the “Florida Farm Fresh 77 Schools Program” as the “Florida Farm to School 78 Program”; authorizing the department to establish by 79 rule a recognition program for certain sponsors; 80 amending s. 595.407, F.S.; revising provisions of the 81 children’s summer nutrition program to include certain 82 schools that serve any combination of grades 83 kindergarten through 5; revising provisions relating 84 to the duration of the program; authorizing school 85 districts to exclude holidays and weekends; amending 86 s. 595.408, F.S.; conforming references to changes 87 made by the act; amending s. 595.501, F.S.; requiring 88 certain entities to complete corrective action plans 89 required by the department or a federal agency to be 90 in compliance with school food and nutrition service 91 programs; amending s. 595.601, F.S.; correcting a 92 cross-reference; amending s. 604.20, F.S.; removing a 93 provision requiring an applicant for license as a 94 dealer in agricultural products to submit a letter 95 acknowledging assignment of a certificate of deposit 96 from the issuing institution; amending s. 604.33, 97 F.S.; removing provisions requiring grain dealers to 98 submit monthly reports; authorizing rather than 99 requiring the department to make at least one spot 100 check annually of each grain dealer; directing the 101 Board of Trustees of the Internal Improvement Trust 102 Fund to sell a portion of specified property; 103 requiring that the proceeds of such sale be deposited 104 into the General Inspection Trust Fund of the 105 department; directing the department to develop a plan 106 to use the proceeds for facility repairs and 107 construction of an agricultural diagnostic laboratory; 108 requiring the plan to be submitted to the Governor and 109 the Legislature by a certain date; providing an 110 effective date. 111 112 Be It Enacted by the Legislature of the State of Florida: 113 114 Section 1. Section 15.0521, Florida Statutes, is created to 115 read: 116 15.0521 Official state honey.—Tupelo honey is designated as 117 the official Florida state honey. 118 Section 2. Subsections (5) and (6) of section 482.1562, 119 Florida Statutes, are amended to read: 120 482.1562 Limited certification for urban landscape 121 commercial fertilizer application.— 122 (5) An application for recertification must be made 4 years 123 after the date of issuanceat least 90 days before the124expirationof the current certificate and be accompanied by: 125 (a) Proof of having completed the 4 classroom hours of 126 acceptable continuing education required under subsection (4). 127 (b) A recertification fee set by the department in an 128 amount of at least $25 but not more than $75. Until the fee is 129 set by rule, the fee for certification is $25. 130 (6)A late renewal charge of $50 per month shall be131assessed 30 days after the date the application for132recertification is due and must be paid in addition to the133renewal fee. Unless timely recertified, a certificate134automatically expires 90 days after the recertification date.135 Upon expiration, or after a grace period that does not exceed 30 136 days after expiration, a certificate may be issued only upon 137 reapplying in accordance with subsection (3). 138 Section 3. Present paragraph (bb) of subsection (1) of 139 section 500.03, Florida Statutes, is redesignated as paragraph 140 (cc), and a new paragraph (bb) and paragraphs (dd) and (ee) are 141 added to that subsection, to read: 142 500.03 Definitions; construction; applicability.— 143 (1) For the purpose of this chapter, the term: 144 (bb) “Retail” means the offering of food directly to the 145 consumer. 146 (dd) “Vehicle” means a mode of transportation or mobile 147 carrier used to transport food from one location to another, 148 including, but not limited to, carts, vans, trucks, cars, trains 149 and railway transport, and aircraft and watercraft type 150 transport. 151 (ee) “Wholesale” means the offering of food to businesses 152 for resale. 153 Section 4. Paragraph (c) of subsection (20) of section 154 570.07, Florida Statutes, is amended, and subsection (44) is 155 added to that section, to read: 156 570.07 Department of Agriculture and Consumer Services; 157 functions, powers, and duties.—The department shall have and 158 exercise the following functions, powers, and duties: 159 (20) 160 (c) To sponsor events, trade breakfasts, luncheons, and 161 dinners and distribute promotional materials and favors in 162 connection with meetings, conferences, and conventions of 163 dealers, buyers, food editors, and merchandising executives that 164 will assist in the promotion and marketing of Florida’s 165 agricultural and agricultural business products to the consuming 166 public. 167 168 The department is authorized to receive and expend donations 169 contributed by private persons for the purpose of covering costs 170 associated with the above described activities. 171 (44) In its own name, to: 172 (a) Perform all things necessary to secure letters of 173 patent, copyrights, and trademarks on any work products of the 174 department and enforce its rights therein. 175 (b) License, lease, assign, or otherwise give written 176 consent to any person, firm, or corporation for the manufacture 177 or use of such department work products on a royalty basis or 178 for such other consideration as the department shall deem 179 proper. 180 (c) Take any action necessary, including legal action, to 181 protect such department work products against improper or 182 unlawful use or infringement. 183 (d) Enforce the collection of any sums due to the 184 department for the manufacture or use of such department work 185 products by another party. 186 (e) Sell any of such department work products and execute 187 all instruments necessary to consummate any such sale. 188 (f) Do all other acts necessary and proper for the 189 execution of powers and duties conferred upon the department by 190 this section, including adopting rules, as necessary, in order 191 to administer this section. 192 Section 5. Subsection (5) of section 570.30, Florida 193 Statutes, is amended, to read: 194 570.30 Division of Administration; powers and duties.—The 195 Division of Administration shall render services required by the 196 department and its other divisions, or by the commissioner in 197 the exercise of constitutional and cabinet responsibilities, 198 that can advantageously and effectively be centralized and 199 administered and any other function of the department that is 200 not specifically assigned by law to some other division. The 201 duties of this division include, but are not limited to: 202(5) Providing electronic data processing and management203information systems support for the department.204 Section 6. Subsection (4) is added to section 570.441, 205 Florida Statutes, to read: 206 570.441 Pest Control Trust Fund.— 207 (4) In addition to the uses authorized under subsection 208 (2), moneys collected or received by the department under 209 chapter 482 may be used to carry out the provisions of s. 210 570.44. This subsection expires June 30, 2018. 211 Section 7. Subsection (5) of section 570.50, Florida 212 Statutes, is amended to read: 213 570.50 Division of Food Safety; powers and duties.—The 214 duties of the Division of Food Safety include, but are not 215 limited to: 216 (5) Analyzing food and feed samples offered for sale in the 217 statefor chemical residuesas required under the adulteration 218 sections of chapters 500, 502, and 580. 219 Section 8. Subsection (2) of section 570.53, Florida 220 Statutes, is amended to read: 221 570.53 Division of Marketing and Development; powers and 222 duties.—The powers and duties of the Division of Marketing and 223 Development include, but are not limited to: 224(2) Enforcing the provisions of ss. 604.15-604.34, the225dealers in agricultural products law, and ss. 534.47-534.53.226 Section 9. Subsection (2) of section 570.544, Florida 227 Statutes, is amended to read: 228 570.544 Division of Consumer Services; director; powers; 229 processing of complaints; records.— 230 (2) The director shall supervise, direct, and coordinate 231 the activities of the division and shall, under the direction of 232 the department, enforce the provisions of ss. 604.15-604.34 and 233 chapters 472, 496, 501, 507, 525, 526, 527, 531, 539, 559, 616, 234 and 849. 235 Section 10. Section 570.68, Florida Statutes, is created to 236 read: 237 570.68 Office of Agriculture Technology Services.—The 238 commissioner may create an Office of Agriculture Technology 239 Services under the supervision of a senior manager exempt under 240 s. 110.205 in the Senior Management Service. The office shall 241 provide electronic data processing and agency information 242 technology services to support and facilitate the functions, 243 powers, and duties of the department. 244 Section 11. Section 570.681, Florida Statutes, is amended 245 to read: 246 570.681 Florida Agriculture Center and Horse Park; 247 legislative findings.—It is the finding of the Legislature that: 248(1) Agriculture is an important industry to the State of249Florida, producing over $6 billion per year while supporting250over 230,000 jobs.251 (1)(2)Equine and other agriculture-related industrieswill252 strengthen and benefit each other with the establishment of a 253 statewide agriculture and horse facility. 254 (2)(3)TheAFlorida Agriculture Center and Horse Park 255 provideswill provideFlorida with a unique tourist experience 256 for visitors and residents, thus generating taxes and additional 257 dollars for the state. 258 (3)(4)Promoting the Florida Agriculture Center and Horse 259 Park as a joint effort between the state and the private sector 260 allowswill allowthis facility to utilize experts and generate 261 revenue from many areas to ensure the success of this facility. 262 Section 12. Paragraphs (b) and (c) of subsection (4) of 263 section 570.685, Florida Statutes, are amended to read: 264 570.685 Florida Agriculture Center and Horse Park 265 Authority.— 266 (4) The authority shall meet at least semiannually and 267 elect a chair, a vice chair, and a secretary for 1-year terms. 268 (b) The department may provideshall be responsible for269providingadministrative and staff support services relating to 270 the meetings of the authority and mayshallprovide suitable 271 space in the offices of the department for the meetings and the 272 storage of records of the authority. 273 (c) In conducting its meetings, the authority shall use 274 accepted rules of procedure. The secretary shall keep a complete 275 record of the proceedings of each meeting,which showsrecord276shall showthe names of the members present and the actions 277 taken. These records shall be kept on file with the department, 278 and such records and other documents regarding matters within 279 the jurisdiction of the authority shall be subject to inspection 280 by members of the authority. 281 Section 13. Section 571.24, Florida Statutes, is amended to 282 read: 283 571.24 Purpose; duties of the department.—The purpose of 284 this part is to authorize the department to establish and 285 coordinate the Florida Agricultural Promotional Campaign, which 286 is intended to serve as a marketing program to promote Florida 287 agricultural commodities, value-added products, and agricultural 288 related businesses and not as a food safety or traceability 289 program. The duties of the department shall include, but are not 290 limited to: 291 (1) Developing logos and authorizing the use of logos as 292 provided by rule. 293 (2) Registering participants. 294 (3) Assessing and collecting fees. 295 (4) Collecting rental receipts for industry promotions. 296 (5) Developing in-kind advertising programs. 297 (6) Contracting with media representatives for the purpose 298 of dispersing promotional materials. 299 (7) Assisting the representative of the department who 300 serves on the Florida Agricultural Promotional Campaign Advisory 301 Council. 302(8) Designating a division employee to be a member of the303Advertising Interagency Coordinating Council.304 (8)(9)Adopting rules pursuant to ss. 120.536(1) and 120.54 305 to implement the provisions of this part. 306 (9)(10)Enforcing and administering the provisions of this 307 part, including measures ensuring that only Florida agricultural 308 or agricultural based products are marketed under the “Fresh 309 From Florida” or “From Florida” logos or other logos of the 310 Florida Agricultural Promotional Campaign. 311 Section 14. Section 571.27, Florida Statutes, is amended to 312 read: 313 571.27 Rules.—The department is authorized to adopt rules 314 that implement, make specific, and interpret the provisions of 315 this part, including rules for entering into contracts with316advertising agencies for services which are directly related to317the Florida Agricultural Promotional Campaign. Such rules shall318establish the procedures for negotiating costs with the offerors319of such advertising services who have been determined by the320department to be qualified on the basis of technical merit,321creative ability, and professional competency. Such322determination of qualifications shall also include consideration323of the provisions in s. 287.055(3), (4), and (5). The department 324 is further authorized to determine, by rule, the logos or 325 product identifiers to be depicted for use in advertising, 326 publicizing, and promoting the sale of Florida agricultural 327 products or agricultural-based products in the Florida 328 Agricultural Promotional Campaign. The department may also adopt 329 rules consistentnot inconsistentwiththe provisions ofthis 330 part as in its judgment may be necessary for participant 331 registration, renewal of registration, classes of membership, 332 application forms, andas well asother forms and enforcement 333 measures ensuring compliance with this part. 334 Section 15. Subsection (1) of section 571.28, Florida 335 Statutes, is amended to read: 336 571.28 Florida Agricultural Promotional Campaign Advisory 337 Council.— 338 (1) ORGANIZATION.—There isherebycreated within the 339 department the Florida Agricultural Promotional Campaign 340 Advisory Council, to consist of 15 members appointed by the 341 Commissioner of Agriculture for 4-year staggered terms. The 342 membership shall include: 13sixmembers representing 343 agricultural producers, shippers,orpackers,three members344representing agriculturalretailers,two members representing345 agricultural associations, and wholesalersone member346representing a wholesalerof agricultural products, 1onemember 347 representing consumers, and 1onemember representing the 348 department. Initial appointment of the council members shall be 349 4fourmembers to a term of 4 years, 4fourmembers to a term of 350 3 years, 4fourmembers to a term of 2 years, and 3three351 members to a term of 1 year. 352 Section 16. Subsection (3) is added to section 581.181, 353 Florida Statutes, to read: 354 581.181 Notice of infection of plants; destruction.— 355 (3) This section does not apply to plants or plant products 356 infested with pests or noxious weeds that are determined to be 357 widely established within the state and are not specifically 358 regulated under other sections of statutes or rules adopted by 359 the department. 360 Section 17. Section 589.26, Florida Statutes, is repealed. 361 Section 18. Present subsections (4) and (5) of section 362 595.402, Florida Statutes, are renumbered as subsections (5) and 363 (6), respectively, and a new subsection (4) and subsections (7) 364 and (8) are added to that section, to read: 365 595.402 Definitions.—As used in this chapter, the term: 366 (4) “School breakfast program” means a program authorized 367 by section 4 of the Child Nutrition Act of 1966 and administered 368 by the department. 369 (7) “Summer nutrition program” means one or more of the 370 programs authorized under 42 U.S.C. s. 1761. 371 (8) “Universal school breakfast program” means a program 372 that makes breakfast available at no cost to all students 373 regardless of their household income. 374 Section 19. Subsections (5) and (12) of section 595.404, 375 Florida Statutes, are amended, and subsection (13) is added to 376 that section, to read: 377 595.404 School food and nutrition service program; powers 378 and duties of the department.—The department has the following 379 powers and duties: 380 (5) To providemake a reasonable effort to ensure that any381school designated asa “severe need school”receivesthe highest 382 rate of reimbursement to which it is entitled under 42 U.S.C. s. 383 1773 for each breakfast meal served. 384 (12) To advance funds from the program’s annual 385 appropriation to a summer nutrition program sponsorsponsors, 386 when requested, in order to implement the provisions of this 387 chapter and in accordance with federal regulations. 388 (13) To collect data on food purchased through the programs 389 defined in ss. 595.402(3) and 595.406 and to publish that data 390 annually. 391 Section 20. Section 595.405, Florida Statutes, is amended 392 to read: 393 595.405 School nutrition program requirementsfor school394districts and sponsors.— 395 (1) Eachschooldistrict school board shall consider the 396 recommendations of the district school superintendent and adopt 397 policies to provide for an appropriate food and nutrition 398 service program for students consistent with federal law and 399 department rules. 400 (2) Eachschooldistrict school board shall implement 401 school breakfast programs that make breakfast meals available to 402 all students in eachelementaryschool that serves any 403 combination of grades kindergarten through 5.Universal school404breakfast programs shall be offered in schools in which 80405percent or more of the students are eligible for free or406reduced-price meals. Each school shall, to the maximum extent407practicable, make breakfast meals available to students at an408alternative site location, which may include, but need not be409limited to, alternative breakfast options as described in410publications of the Food and Nutrition Service of the United411States Department of Agriculture for the federal School412Breakfast Program.413 (3) Eachschooldistrict school board must annually set 414 prices for breakfast meals at rates that, combined with federal 415 reimbursements and state allocations, are sufficient to defray 416 costs of school breakfast programs without requiring allocations 417 from the district’s operating funds, except if the district 418 school board approves lower rates. 419(4) Each school district is encouraged to provide420universal, free school breakfast meals to all students in each421elementary, middle, and high school. Each school district shall422approve or disapprove a policy, after receiving public testimony423concerning the proposed policy at two or more regular meetings,424which makes universal, free school breakfast meals available to425all students in each elementary, middle, and high school in426which 80 percent or more of the students are eligible for free427or reduced-price meals.428 (4)(5)Eachelementary, middle, and highschool operating a 429 breakfast program shall make a breakfast meal available if a 430 student arrives at school on the school bus less than 15 minutes 431 before the first bell rings and shall allow the student at least 432 15 minutes to eat the breakfast. 433 (5) Each school district is encouraged to provide 434 universal, free school breakfast meals to all students in each 435 elementary, middle, and high school. A universal school 436 breakfast program shall be implemented in each school in which 437 80 percent or more of the students are eligible for free or 438 reduced-price meals, unless the district school board, after 439 considering public testimony at two or more regularly scheduled 440 board meetings, decides to not implement such a program in such 441 schools. 442 (6) To increase school breakfast and universal school 443 breakfast program participation, each school district must, to 444 the maximum extent practicable, make breakfast meals available 445 to students through alternative service models as described in 446 publications of the Food and Nutrition Service of the United 447 States Department of Agriculture for the federal School 448 Breakfast Program. 449 (7)(6)Eachschooldistrict school board shall annually 450 provideto all students in each elementary, middle, and high451schoolinformation prepared by the district’s food service 452 administration regarding availableitsschool breakfast 453 programs. The information shall be communicated through school 454 announcements andwrittennotices sent to all parents. 455 (8)(7)Aschooldistrict school board may operate a 456 breakfast program providing for food preparation at the school 457 site or in central locations with distribution to designated 458 satellite schools or any combination thereof. 459(8) Each sponsor shall complete all corrective action plans460required by the department or a federal agency to be in461compliance with the program.462 Section 21. Section 595.406, Florida Statutes, is amended 463 to read: 464 595.406 Florida Farm to SchoolFresh SchoolsProgram.— 465 (1) In order to implement the Florida Farm to SchoolFresh466SchoolsProgram, the department shall develop policies 467 pertaining to school food services which encourage: 468 (a) Sponsors to buy fresh and high-quality foods grown in 469 this state when feasible. 470 (b) Farmers in this state to sell their products to 471 sponsors, school districts, and schools. 472 (c) Sponsors to demonstrate a preference for competitively 473 priced organic food products. 474 (d) Sponsors to make reasonable efforts to select foods 475 based on a preference for those that have maximum nutritional 476 content. 477 (2) The department shall provide outreach, guidance, and 478 training to sponsors, schools, school food service directors, 479 parent and teacher organizations, and students about the benefit 480 of fresh food products from farms in this state. 481 (3) The department may recognize sponsors who purchase at 482 least 10 percent of the food they serve from the Florida Farm to 483 School Program. 484 Section 22. Subsection (2) of section 595.407, Florida 485 Statutes, is amended to read: 486 595.407 Children’s summer nutrition program.— 487 (2) Each school district shall develop a plan to sponsor or 488 operate a summer nutrition program to operate sites in the 489 school district as follows: 490 (a) Within 5 miles of at least oneelementaryschool that 491 serves any combination of grades kindergarten through 5 at which 492 50 percent or more of the students are eligible for free or 493 reduced-price school meals and for the duration of 35 494consecutivedays between the end of the school year and the 495 beginning of the next school year. School districts may exclude 496 holidays and weekends. 497 (b) Within 10 miles of eachelementaryschool that serves 498 any combination of grades kindergarten through 5 at which 50 499 percent or more of the students are eligible for free or 500 reduced-price school meals, except as operated pursuant to 501 paragraph (a). 502 Section 23. Section 595.408, Florida Statutes, is amended 503 to read: 504 595.408 FoodCommoditydistribution services; department 505 responsibilities and functions.— 506 (1)(a) The department shall conduct, supervise, and 507 administer all foodcommoditydistribution services that will be 508 carried on using federal or state funds, or funds from any other 509 source, or foodcommoditiesreceived and distributed from the 510 United States or any of its agencies. 511 (b) The department shall determine the benefits each 512 applicant or recipient of assistance is entitled to receive 513 under this chapter, provided that each applicant or recipient is 514 a resident of this state and a citizen of the United States or 515 is an alien lawfully admitted for permanent residence or 516 otherwise permanently residing in the United States under color 517 of law. 518 (2) The department shall cooperate fully with the United 519 States Government and its agencies and instrumentalities so that 520 the department may receive the benefit of all federal financial 521 allotments and assistance possible to carry out the purposes of 522 this chapter. 523 (3) The department may: 524 (a) Accept any duties with respect to foodcommodity525 distribution services as are delegated to it by an agency of the 526 federal government or any state, county, or municipal 527 government. 528 (b) Act as agent of, or contract with, the federal 529 government, state government, or any county or municipal 530 government in the administration of foodcommoditydistribution 531 services to secure the benefits of any public assistance that is 532 available from the federal government or any of its agencies, 533 and in the distribution of funds received from the federal 534 government, state government, or any county or municipal 535 government for foodcommoditydistribution services within the 536 state. 537 (c) Accept from any person or organization all offers of 538 personal services, foodcommodities, or other aid or assistance. 539 (4) This chapter does not limit, abrogate, or abridge the 540 powers and duties of any other state agency. 541 Section 24. Section 595.501, Florida Statutes, is amended 542 to read: 543 595.501 Penalties.— 544 (1) When a corrective action plan is issued by the 545 department or a federal agency, each sponsor is required to 546 complete the corrective action plan to be in compliance with the 547 program. 548 (2) Any person or,sponsor, or school districtthat 549 violates any provision of this chapter or any rule adopted 550 thereunder or otherwise does not comply with the program is 551 subject to a suspension or revocation of their agreement, loss 552 of reimbursement, or a financial penalty in accordance with 553 federal or state law or both. This section does not restrict the 554 applicability of any other law. 555 Section 25. Section 595.601, Florida Statutes, is amended 556 to read: 557 595.601 Food and Nutrition Services Trust Fund.—Chapter 99 558 37, Laws of Florida, recreated the Food and Nutrition Services 559 Trust Fund to record revenue and disbursements of Federal Food 560 and Nutrition funds received by the department as authorized in 561 s. 595.404595.405. 562 Section 26. Subsection (1) of section 604.20, Florida 563 Statutes, is amended to read: 564 604.20 Bond or certificate of deposit prerequisite; amount; 565 form.— 566 (1) Before any license is issued, the applicanttherefor567 shall make and deliver to the department a surety bond or 568 certificate of deposit in the amount of at least $5,000 or in 569 such greater amount as the department may determine. No bond or 570 certificate of deposit may be in an amount less than $5,000. The 571 penal sum of the bond or certificate of deposit to be furnished 572 to the department by an applicant for license as a dealer in 573 agricultural products shall be in an amount equal to twice the 574 dollar amount of agricultural products handled for a Florida 575 producer or a producer’s agent or representative, by purchase or 576 otherwise, during the month of maximum transaction in such 577 products during the preceding 12-month period. An applicant for 578 license who has not handled agricultural products for a Florida 579 producer or a producer’s agent or representative, by purchase or 580 otherwise, during the preceding 12-month period shall furnish a 581 bond or certificate of deposit in an amount equal to twice the 582 estimated dollar amount of such agricultural products to be 583 handled, by purchase or otherwise, during the month of maximum 584 transaction during the next immediate 12 months. Such bond or 585 certificate of deposit shall be provided or assigned in the 586 exact name in which the dealer will conduct business subject to 587the provisions ofss. 604.15-604.34. Such bond must be executed 588 by a surety company authorized to transact business in the 589 state. For the purposes of ss. 604.19-604.21, the term 590 “certificate of deposit” means a certificate of deposit at any 591 recognized financial institution doing business in the United 592 States. ANocertificate of deposit may not be accepted in 593 connection with an application for a dealer’s license unless the 594 issuing institution is properly insured by either the Federal 595 Deposit Insurance Corporation or the Federal Savings and Loan 596 Insurance Corporation. Such bond or any certificate of deposit 597 assignment or agreement shall be upon a form prescribed or 598 approved by the department and shall be conditioned to secure 599 the faithful accounting for and payment, in the manner 600 prescribed by s. 604.21(9), to producers or their agents or 601 representatives of the proceeds of all agricultural products 602 handled or purchased by such dealer and to secure payment to 603 dealers who sell agricultural products to such dealer. Such bond 604 or certificate of deposit assignment or agreement shall include 605 terms binding the instrument to the Commissioner of Agriculture. 606 A certificate of deposit shall be presented with an assignment 607 of applicant’s rights in the certificate in favor of the 608 Commissioner of Agriculture on a form prescribed by the 609 departmentand with a letter from the issuing institution610 acknowledging that the assignment has been properly recorded on 611 the books of the issuing institution and will be honored by the 612 issuing institution. Such assignment shall be irrevocable while 613 the dealer’s license is in effect and for an additional period 614 of 6 months after the termination or expiration of the dealer’s 615 license, if aprovided nocomplaint is not pending against the 616 licensee. If a complaint is pending, the assignment shall remain 617 in effect until all actions on the complaint have been 618 finalized. The certificate of deposit may be released by the 619 assignee of the financial institution to the licensee or the 620 licensee’s successors, assignee, or heirs ifnoclaims are not 621 pending against the licensee before the department at the 622 conclusion of 6 months after the last effective date of the 623 license. ANocertificate of deposit whichshall be accepted624thatcontains any provision that would give the issuing 625 institution any prior rights or claim on the proceeds or 626 principal of such certificate of deposit may not be accepted. 627 The department shall determine by rule the maximum amount of 628 bond or certificate of deposit required of a dealer and whether 629 an annual bond or certificate of deposit will be required. 630 Section 27. Section 604.33, Florida Statutes, is amended to 631 read: 632 604.33 Security requirements for grain dealers.—Each grain 633 dealer doing business in the state shall maintain liquid 634 security, in the form of grain on hand, cash, certificates of 635 deposit, or other nonvolatile security that can be liquidated in 636 10 days or less, or cash bonds, surety bonds, or letters of 637 credit, that have been assigned to the department and that are 638 conditioned to secure the faithful accounting for and payment to 639 the producers for grain stored or purchased, in an amount equal 640 to the value of grain which the grain dealer has received from 641 grain producers for which the producers have not received 642 payment. The bonds must be executed by the applicant as 643 principal and by a surety corporation authorized to transact 644 business in the state. The certificates of deposit and letters 645 of credit must be from a recognized financial institution doing 646 business in the United States.Each grain dealer shall report to647the department monthly, on or before a date established by rule648of the department, the value of grain she or he has received649from producers for which the producers have not received payment650and the types of transaction involved, showing the value of each651type of transaction. The report shall also include a statement652showing the type and amount of security maintained to cover the653grain dealer’s liability to producers.The department mayshall654 make at least one spot check annually of each grain dealer to 655 determine compliance with the requirements of this section. 656 Section 28. The Board of Trustees of the Internal 657 Improvement Trust Fund’s property described as the south half of 658 the southeast quarter of the northwest quarter and the north 659 half of the northeast quarter of the southwest quarter of 660 Section 9, Township 25 South, Range 29 East, Osceola County, is 661 currently leased to the Department of Agriculture and Consumer 662 Services. Notwithstanding chapters 253 and 259, Florida 663 Statutes, the Board of Trustees of the Internal Improvement 664 Trust Fund is directed to sell a portion of such property 665 described as the land lying south of Carroll Street in Osceola 666 County described as the north half of the northeast quarter of 667 the southwest quarter of Section 9, Township 25 South, Range 29 668 East for not less than the property’s appraised value. All net 669 proceeds from the sale shall be deposited into the General 670 Inspection Trust Fund of the Department of Agriculture and 671 Consumer Services. The department shall develop a plan to use 672 the net proceeds for facility repairs and construction of an 673 agricultural diagnostic laboratory at the Bronson Animal Disease 674 Diagnostic Laboratory located in Osceola County. The plan must 675 be submitted to the Governor, the President of the Senate, and 676 the Speaker of the House of Representatives by December 31, 677 2015. 678 Section 29. This act shall take effect July 1, 2015.