Bill Text: FL S1612 | 2022 | Regular Session | Introduced


Bill Title: Department of Agriculture and Consumer Services

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-14 - Died in Commerce and Tourism [S1612 Detail]

Download: Florida-2022-S1612-Introduced.html
       Florida Senate - 2022                                    SB 1612
       
       
        
       By Senator Ausley
       
       
       
       
       
       3-00671B-22                                           20221612__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 377.601, F.S.;
    4         providing that it is the policy of this state to
    5         promote certain alternative fuels and vehicle
    6         technologies; amending s. 377.703, F.S.; revising
    7         duties of the department; deleting a requirement that
    8         the department prepare an annual assessment of the
    9         renewable energy production credit; repealing s.
   10         377.810, F.S., relating to a natural gas fuel fleet
   11         vehicle rebate program; amending s. 487.021, F.S.;
   12         defining the term “raw agricultural commodities
   13         fumigation”; amending s. 487.0435, F.S.; authorizing
   14         the department to consider the use of a fumigant as a
   15         pesticide for raw agricultural commodities fumigation
   16         when specifying certain license classifications;
   17         amending s. 500.03, F.S.; redefining and revising
   18         terms; providing construction regarding hemp extract;
   19         amending s. 500.032, F.S.; requiring the department to
   20         administer and enforce certain provisions relating to
   21         the storage of food; amending s. 500.033, F.S.;
   22         revising the membership of the Florida Food Safety and
   23         Food Defense Advisory Council; amending s. 500.12,
   24         F.S.; revising the types of minor food outlets
   25         required to obtain food permits from the department;
   26         conforming provisions to changes made by the act;
   27         providing construction; requiring food permits to be
   28         annually renewed in accordance with department rule
   29         beginning on a specified date; requiring late fees for
   30         applications not received on or before the date set by
   31         department rule; amending s. 500.121, F.S.; conforming
   32         provisions to changes made by the act; amending s.
   33         500.147, F.S.; requiring bottled water to be processed
   34         in conformance with department rule; amending s.
   35         500.148, F.S.; deleting provisions authorizing food
   36         establishments to request from the department a report
   37         certifying compliance with certain sanitation and
   38         permitting requirements and rules; amending s.
   39         501.603, F.S.; defining the term “substance abuse
   40         marketing service provider”; amending s. 501.604,
   41         F.S.; providing that substance abuse marketing service
   42         providers are subject to the Florida Telemarketing
   43         Act; amending s. 501.605, F.S.; conforming provisions
   44         to changes made by the act; creating s. 501.6055,
   45         F.S.; providing licensure requirements for substance
   46         abuse marketing service providers; amending s.
   47         501.606, F.S.; requiring substance abuse marketing
   48         service providers to disclose specified information;
   49         amending s. 501.608, F.S.; conforming provisions to
   50         changes made by the act; amending s. 501.609, F.S.;
   51         requiring substance abuse marketing service providers
   52         to submit new or revised material to the department
   53         within a specified timeframe; amending s. 501.612,
   54         F.S.; conforming provisions to changes made by the
   55         act; amending s. 501.616, F.S.; specifying unlawful
   56         acts and practices for substance abuse marketing
   57         service providers; amending s. 501.618, F.S.;
   58         conforming provisions to changes made by the act;
   59         amending s. 502.012, F.S.; revising and redefining
   60         terms; amending s. 502.013, F.S.; revising the purpose
   61         of certain provisions regarding milk and milk
   62         products; amending s. 502.014, F.S.; revising the
   63         authority of the department to permit and collect
   64         samples of products for testing at certain facilities;
   65         amending s. 502.042, F.S.; deleting a provision
   66         requiring the department to periodically conduct
   67         certain shelf-life studies and to sample certain milk
   68         products; making technical changes; amending s.
   69         502.053, F.S.; revising the milk facilities required
   70         to apply for a permit to operate; requiring operating
   71         permits for manufacturing plants that wholesale frozen
   72         dessert products; deleting a requirement that frozen
   73         dessert plant permitholders submit specified reports
   74         to the department; conforming a provision to changes
   75         made by the act; amending s. 502.181, F.S.; deleting
   76         prohibitions against certain testing for milkfat
   77         content and for repasteurizing milk; amending s.
   78         502.231, F.S.; conforming a provision to changes made
   79         by the act; repealing s. 502.301, F.S., relating to
   80         the Dairy Industry Technical Council; amending s.
   81         507.07, F.S.; providing violations for storing a
   82         shipper’s goods under certain circumstances; amending
   83         ss. 531.38, 531.40, and 531.41, F.S.; clarifying
   84         references to certain national weights and measures
   85         organizations regarding certain standards used for
   86         commercial purposes; amending s. 559.935, F.S.;
   87         revising provisions of which a seller of travel is
   88         exempt; creating s. 570.161, F.S.; authorizing the
   89         department to require applicants and licensees to
   90         submit active e-mail addresses for specified purposes;
   91         providing that service by electronic or regular mail
   92         constitutes adequate and sufficient notice;
   93         authorizing the department to achieve service by
   94         publishing notice on the department’s website or in
   95         the Florida Administrative Register under certain
   96         circumstances; amending s. 576.011, F.S.; defining the
   97         term “controlled release fertilizer”; redefining the
   98         term “slow or controlled release fertilizer”; amending
   99         s. 576.045, F.S.; extending the scheduled expiration
  100         of certain provisions; amending s. 576.071, F.S.;
  101         requiring the department to adopt rules regarding the
  102         commercial value used in assessing deficient
  103         fertilizer penalties; amending s. 580.031, F.S.;
  104         defining the term “dosage form animal product”;
  105         amending s. 580.051, F.S.; providing label
  106         requirements for dosage form animal products; amending
  107         s. 581.217, F.S.; revising and redefining terms;
  108         deleting provisions relating to the certification of
  109         hemp seeds and cultivars; revising distribution and
  110         sale requirements for hemp extract; revising
  111         rulemaking requirements for the department; amending
  112         s. 586.045, F.S.; revising the timeframe during which
  113         the department is required to provide written notice
  114         and forms to beekeepers for annual certificate of
  115         registration renewals; repealing part I of ch. 593,
  116         F.S., relating to the Florida Boll Weevil Eradication
  117         Law; amending s. 595.404, F.S.; requiring the
  118         department to adopt and implement an exemption waiver
  119         process by rule for sponsors of certain school food
  120         and other nutrition programs; amending s. 597.004,
  121         F.S.; providing that certain aquaculture products are
  122         conditional freshwater and marine species for the
  123         purpose of certain Florida Fish and Wildlife
  124         Conservation Commission rules; exempting the culture,
  125         possession, transport, and sale of such products from
  126         certain provisions and rules; amending s. 570.321,
  127         F.S.; conforming provisions to changes made by the
  128         act; reenacting ss. 373.016(4)(a), 373.223(3), and
  129         373.701(2)(a), F.S., relating to declarations of water
  130         policy and certain conditions for a permit, to
  131         incorporate the amendment made to s. 500.03, F.S., in
  132         references thereto; reenacting ss. 559.927(2),
  133         559.9335(1) and (2), and 559.9355(1)(f), F.S.,
  134         relating to the definition of the term “certifying
  135         party,” violations, and administrative remedies,
  136         respectively, to incorporate the amendment made to s.
  137         559.935, F.S., in references thereto; providing
  138         effective dates.
  139          
  140  Be It Enacted by the Legislature of the State of Florida:
  141  
  142         Section 1. Present paragraphs (h) through (k) of subsection
  143  (2) of section 377.601, Florida Statutes, are redesignated as
  144  paragraphs (i) through (l), respectively, and a new paragraph
  145  (h) is added to that subsection, to read:
  146         377.601 Legislative intent.—
  147         (2) It is the policy of the State of Florida to:
  148         (h) Promote the use of alternative fuels as defined in s.
  149  525.01 and the use of alternative vehicle technologies in this
  150  state.
  151         Section 2. Paragraphs (f), (k), and (n) of subsection (2)
  152  of section 377.703, Florida Statutes, are amended to read:
  153         377.703 Additional functions of the Department of
  154  Agriculture and Consumer Services.—
  155         (2) DUTIES.—The department shall perform the following
  156  functions, unless as otherwise provided, consistent with the
  157  development of a state energy policy:
  158         (f) The department shall submit an annual report to the
  159  Governor and the Legislature reflecting its activities and
  160  making recommendations for policies for improvement of the
  161  state’s response to energy supply and demand and its effect on
  162  the health, safety, and welfare of the residents of this state.
  163  The report must include a report from the Florida Public Service
  164  Commission on electricity and natural gas and information on
  165  energy conservation programs conducted and underway in the past
  166  year and include recommendations for energy efficiency and
  167  conservation programs for this the state, including:
  168         1. Formulation of specific recommendations for improvement
  169  in the efficiency of energy utilization in governmental,
  170  residential, commercial, industrial, and transportation sectors.
  171         2. Collection and dissemination of information relating to
  172  energy efficiency and conservation, renewable energy,
  173  alternative fuels, and alternative vehicle technologies.
  174         3. Development and conduct of educational and training
  175  programs relating to energy efficiency and conservation,
  176  renewable energy, alternative fuels, and alternative vehicle
  177  technologies.
  178         4. An analysis of the ways in which state agencies are
  179  seeking to implement s. 377.601(2), the state energy policy, and
  180  recommendations for better fulfilling this policy.
  181         (k) The department shall coordinate energy-related programs
  182  of state government, including, but not limited to, the programs
  183  provided in this section. To this end, the department shall:
  184         1. Provide assistance to other state agencies, counties,
  185  municipalities, and regional planning agencies to further and
  186  promote their energy planning activities.
  187         2. Require, in cooperation with the Department of
  188  Management Services, all state agencies to operate state-owned
  189  and state-leased buildings in accordance with energy
  190  conservation standards as adopted by the Department of
  191  Management Services. Every 3 months, the Department of
  192  Management Services shall furnish the department data on
  193  agencies’ energy consumption and emissions of greenhouse gases
  194  in a format prescribed by the department.
  195         3. Promote the development and use of renewable energy
  196  resources, energy efficiency technologies, and conservation
  197  measures, renewable energy, alternative fuels, and alternative
  198  vehicle technologies.
  199         4. Promote the recovery of energy from wastes, including,
  200  but not limited to, the use of waste heat, the use of
  201  agricultural products as a source of energy, and recycling of
  202  manufactured products. Such promotion must shall be conducted in
  203  conjunction with, and after consultation with, the Department of
  204  Environmental Protection and the Florida Public Service
  205  Commission where electrical generation or natural gas is
  206  involved, and any other relevant federal, state, or local
  207  governmental agency having responsibility for resource recovery
  208  programs.
  209         (n) On an annual basis, the department shall prepare an
  210  assessment of the renewable energy production credit authorized
  211  in s. 220.193, which the department shall submit to the
  212  President of the Senate, the Speaker of the House of
  213  Representatives, and the Executive Office of the Governor by
  214  February 1 of each year. The assessment shall include, at a
  215  minimum, the following information:
  216         1. The name of each taxpayer receiving an allocation under
  217  this section;
  218         2. The amount of credits allocated for that fiscal year for
  219  each taxpayer;
  220         3. The type and amount of renewable energy produced and
  221  sold, whether the facility producing that energy is a new or
  222  expanded facility, and the approximate date on which production
  223  began; and
  224         4. The aggregate amount of credits allocated for all
  225  taxpayers claiming credits under this section for the fiscal
  226  year.
  227         Section 3. Section 377.810, Florida Statutes, is repealed.
  228         Section 4. Present subsections (57) through (67) of section
  229  487.021, Florida Statutes, are redesignated as subsections (58)
  230  through (68), respectively, and a new subsection (57) is added
  231  to that section, to read:
  232         487.021 Definitions.—For the purpose of this part:
  233         (57) “Raw agricultural commodities fumigation” means the
  234  use of a fumigant pesticide, using an application method adopted
  235  by rule of the department, in a concentration sufficient to be
  236  lethal to a given organism to treat for pests in any fruit,
  237  vegetable, nut, legume, mushroom, or other post-harvest raw
  238  agricultural commodity customarily consumed by humans or
  239  animals.
  240         Section 5. Subsection (7) is added to section 487.0435,
  241  Florida Statutes, to read:
  242         487.0435 License classification.—The department shall issue
  243  certified applicator licenses in the following classifications:
  244  certified public applicator; certified private applicator; and
  245  certified commercial applicator. In addition, separate
  246  classifications and subclassifications may be specified by the
  247  department in rule as deemed necessary to carry out the
  248  provisions of this part. Each classification shall be subject to
  249  requirements or testing procedures to be set forth by rule of
  250  the department and shall be restricted to the activities within
  251  the scope of the respective classification as established in
  252  statute or by rule. In specifying classifications, the
  253  department may consider, but is not limited to, the following:
  254         (7) The use of a fumigant as a pesticide, solely in raw
  255  agricultural commodities fumigation.
  256         Section 6. Paragraphs (d), (i), (n), (p), (q), (r), (v),
  257  and (bb) of subsection (1) and subsection (3) of section 500.03,
  258  Florida Statutes, are amended to read:
  259         500.03 Definitions; construction; applicability.—
  260         (1) For the purpose of this chapter, the term:
  261         (d) “Bottled water” means water intended for human
  262  consumption and sealed in a bottle or other container with no
  263  added ingredients, except that it may contain safe and suitable
  264  antimicrobial agents a beverage, as described in 21 C.F.R. part
  265  165 (2006), that is processed in compliance with 21 C.F.R. part
  266  129 (2006).
  267         (i) “Convenience store” means a business that is engaged
  268  primarily in the retail sale of groceries or motor fuels or
  269  special fuels and may offer food services to the public.
  270  Businesses providing motor fuel or special fuel to the public
  271  which also offer groceries or food service are included in the
  272  definition of a convenience store.
  273         (m)(n) “Food” includes:
  274         1. Articles used for food or drink for human consumption;
  275         2. Chewing gum;
  276         3. Articles used for components of any such article;
  277         4. Articles for which health claims are made, which claims
  278  are approved by the Secretary of the United States Department of
  279  Health and Human Services and which claims are made in
  280  accordance with s. 343(r) of the federal act, and which are not
  281  considered drugs solely because their labels or labeling contain
  282  health claims; and
  283         5. Dietary supplements as defined in 21 U.S.C. s.
  284  321(ff)(1) and (2); and.
  285         6.Hemp extract as defined in s. 581.217.
  286  
  287  The term includes any raw, cooked, or processed edible
  288  substance; ice; any beverage; or any ingredient used, intended
  289  for use, or sold for human consumption.
  290         (o)(p) “Food establishment” means a factory, food outlet,
  291  or other facility manufacturing, processing, packing, holding,
  292  storing, or preparing food or selling food at wholesale or
  293  retail. The term does not include a business or activity that is
  294  regulated under s. 413.051, s. 500.80, chapter 509, or chapter
  295  601. The term includes:
  296         1.An establishment, or section of any establishment, where
  297  food and food products are offered to the consumer and intended
  298  for off-premises consumption;
  299         2.A delicatessen that offers prepared food in bulk
  300  quantities only; and
  301         3. Tomato packinghouses and repackers but does not include
  302  any other establishments that pack fruits and vegetables in
  303  their raw or natural states, including those fruits or
  304  vegetables that are washed, colored, or otherwise treated in
  305  their unpeeled, natural form before they are marketed.
  306         (q) “Food outlet” means any grocery store; convenience
  307  store; minor food outlet; meat, poultry, or fish and related
  308  aquatic food market; fruit or vegetable market; food warehouse;
  309  refrigerated storage facility; freezer locker; salvage food
  310  facility; or any other similar place storing or offering food
  311  for sale.
  312         (r) “Food service establishment” means any place where food
  313  is prepared and intended for individual portion service, and
  314  includes the site at which individual portions are provided. The
  315  term includes any such place regardless of whether consumption
  316  is on or off the premises and regardless of whether there is a
  317  charge for the food. The term includes delicatessens that offer
  318  prepared food in individual service portions. The term does not
  319  include schools, institutions, fraternal organizations, private
  320  homes where food is prepared or served for individual family
  321  consumption, retail food stores, the location of food vending
  322  machines, cottage food operations, and supply vehicles, nor does
  323  the term include a research and development test kitchen limited
  324  to the use of employees and which is not open to the general
  325  public.
  326         (s)(v) “Minor food outlet” means any retail establishment
  327  that sells food groceries and may offer food service to the
  328  public, but neither business activity is a major retail function
  329  based on allocated space or gross sales.
  330         (bb) “Retail food store” means any establishment or section
  331  of an establishment where food and food products are offered to
  332  the consumer and intended for off-premises consumption. The term
  333  includes delicatessens that offer prepared food in bulk
  334  quantities only. The term does not include establishments which
  335  handle only prepackaged, nonpotentially hazardous foods;
  336  roadside markets that offer only fresh fruits and fresh
  337  vegetables for sale; food service establishments; or food and
  338  beverage vending machines.
  339         (3) For the purpose of this chapter:,
  340         (a) The selling of food includes the manufacture,
  341  production, processing, packing, exposure, offer, possession,
  342  and holding of any article of food for sale; the sale,
  343  dispensing, and giving of any article of food; and the supplying
  344  or applying of food in the conduct of any food establishment.
  345         (b)Hemp extract is considered a food requiring time or
  346  temperature control for the safety and integrity of the product.
  347         Section 7. Subsection (1) of section 500.032, Florida
  348  Statutes, is amended to read:
  349         500.032 Declaration of policy and cooperation among
  350  departments.—
  351         (1) The department shall administer and enforce is charged
  352  with the administration and enforcement of this chapter in order
  353  to prevent fraud, harm, adulteration, misbranding, or false
  354  advertising in the preparation, manufacture, storage, or sale of
  355  articles of food. The department shall It is further charged to
  356  enforce the provisions of this chapter relating to the
  357  production, manufacture, storage, transportation, and sale of
  358  food, as well as articles entering into, and intended for use as
  359  ingredients in the preparation of, food.
  360         Section 8. Subsection (1) of section 500.033, Florida
  361  Statutes, is amended to read:
  362         500.033 Florida Food Safety and Food Defense Advisory
  363  Council.—
  364         (1) There is created the Florida Food Safety and Food
  365  Defense Advisory Council for the purpose of serving as a forum
  366  for presenting, investigating, and evaluating issues of current
  367  importance to the assurance of a safe and secure food supply to
  368  the residents of this state citizens of Florida. The Florida
  369  Food Safety and Food Defense Advisory Council shall consist of,
  370  but not be limited to,: the Commissioner of Agriculture or his
  371  or her designee; the State Surgeon General or his or her
  372  designee; the Secretary of Business and Professional Regulation
  373  or his or her designee; the person responsible for domestic
  374  security with the Department of Law Enforcement; members
  375  representing the production, processing, distribution, and sale
  376  of foods; consumers or members of citizens groups;
  377  representatives of food industry groups; scientists or other
  378  experts in aspects of food safety from state universities;
  379  representatives from local, state, and federal agencies that are
  380  charged with responsibilities for food safety or food defense;
  381  and, as ex officio members, the person responsible for domestic
  382  security within the Department of Law Enforcement or his or her
  383  designee, the chairs of the Agriculture Committees of the Senate
  384  and the House of Representatives or their designees,; and the
  385  chairs of the committees of the Senate and the House of
  386  Representatives with jurisdictional oversight of home defense
  387  issues or their designees. The Commissioner of Agriculture shall
  388  appoint the remaining members. The council shall make periodic
  389  reports to the Department of Agriculture and Consumer Services
  390  concerning findings and recommendations in the area of food
  391  safety and food defense.
  392         Section 9. Paragraphs (a), (b), and (e) of subsection (1)
  393  and subsections (2) and (5) of section 500.12, Florida Statutes,
  394  are amended to read:
  395         500.12 Food permits; building permits.—
  396         (1)(a) A food permit from the department is required of any
  397  person who operates a food establishment or retail food store,
  398  except:
  399         1. Persons operating minor food outlets that sell food that
  400  is commercially prepackaged, is not potentially hazardous, does
  401  not contain hemp extract as defined in s. 581.217, and is not
  402  time or temperature controlled for safety, if the shelf space
  403  for food those items does not exceed 12 total square linear feet
  404  and no other food is sold by the minor food outlet.
  405         2. Persons subject to continuous, onsite federal or state
  406  inspection.
  407         3. Persons selling only legumes in the shell, either
  408  parched, roasted, or boiled.
  409         4. Persons selling sugar cane or sorghum syrup that has
  410  been boiled and bottled on a premise located within this the
  411  state. Such bottles must contain a label listing the producer’s
  412  name and street address, all added ingredients, the net weight
  413  or volume of the product, and a statement that reads, “This
  414  product has not been produced in a facility permitted by the
  415  Florida Department of Agriculture and Consumer Services.”
  416         (b) Each food establishment and retail food store regulated
  417  under this chapter must apply for and receive a food permit
  418  before operation begins. An application for a food permit from
  419  the department must be accompanied by a fee in an amount
  420  determined by department rule. The department shall adopt by
  421  rule a schedule of fees to be paid by each food establishment
  422  and retail food store as a condition of issuance or renewal of a
  423  food permit. Such fees may not exceed $650 and must shall be
  424  used solely for the recovery of costs for the services provided,
  425  except that the fee accompanying an application for a food
  426  permit for operating a bottled water plant may not exceed $1,000
  427  and the fee accompanying an application for a food permit for
  428  operating a packaged ice plant may not exceed $250. The fee for
  429  operating a bottled water plant or a packaged ice plant must
  430  shall be set by rule of the department. Food permits are not
  431  transferable from one person or physical location to another.
  432  Food permits must be renewed annually on or before January 1. If
  433  an application for renewal of a food permit is not received by
  434  the department within 30 days after its due date, a late fee not
  435  exceeding $100 must be paid in addition to the food permit fee
  436  before the department may issue the food permit. The moneys
  437  collected must shall be deposited in the General Inspection
  438  Trust Fund.
  439         (e) The department is the exclusive regulatory and
  440  permitting authority for all food outlets, retail food stores,
  441  food establishments, convenience stores, and minor food outlets
  442  in accordance with this section. Application for a food permit
  443  must be made on forms provided by the department, which forms
  444  must also contain provision for application for registrations
  445  and permits issued by other state agencies and for collection of
  446  the food permit fee and any other fees associated with
  447  registration, licensing, or applicable surcharges. The details
  448  of the application must shall be prescribed by department rule.
  449         (2) When any person applies for a building permit to
  450  construct, convert, or remodel any food establishment, food
  451  outlet, or retail food store, the authority issuing such permit
  452  shall make available to the applicant a printed statement,
  453  provided by the department, regarding the applicable sanitation
  454  requirements for such establishments. A building permitting
  455  authority, or municipality or county under whose jurisdiction a
  456  building permitting authority operates, may not be held liable
  457  for a food establishment, food outlet, or retail food store that
  458  does not comply with the applicable sanitation requirements due
  459  to failure of the building permitting authority to provide the
  460  information as provided in this subsection.
  461         (a) The department shall furnish, for distribution, a
  462  statement that includes the checklist to be used by the food
  463  inspector in any preoperational inspections to assure that the
  464  food establishment is constructed and equipped to meet the
  465  applicable sanitary guidelines. Such preoperational inspection
  466  is shall be a prerequisite for obtaining a food permit in
  467  accordance with this section.
  468         (b) The department may provide assistance, when requested
  469  by the applicant, in the review of any construction or
  470  remodeling plans for food establishments. The department may
  471  charge a fee for such assistance which covers the cost of
  472  providing the assistance and which must shall be deposited in
  473  the General Inspection Trust Fund for use in funding the food
  474  safety program.
  475         (c) A building permitting authority or other subdivision of
  476  local government may not require the department to approve
  477  construction or remodeling plans for food establishments and
  478  retail food stores as a condition of any permit or license at
  479  the local level.
  480         (5) It is the intent of the Legislature to eliminate
  481  duplication of regulatory inspections of food. Regulatory and
  482  permitting authority over any food establishment is preempted to
  483  the department, except as provided in chapter 379.
  484         (a) Food establishments or retail food stores that have
  485  ancillary food service activities are shall be permitted and
  486  inspected by the department.
  487         (b) Food service establishments, as defined in s. 381.0072,
  488  that have ancillary, prepackaged retail food sales are shall be
  489  regulated by the Department of Health.
  490         (c) Public food service establishments, as defined in s.
  491  509.013, which have ancillary, prepackaged retail food sales are
  492  shall be licensed and inspected by the Department of Business
  493  and Professional Regulation.
  494         (d) The department and the Department of Business and
  495  Professional Regulation shall cooperate to assure equivalency of
  496  inspection and enforcement and to share information on those
  497  establishments identified in paragraphs (a) and (c) and to
  498  address any other areas of potential duplication. The department
  499  and the Department of Business and Professional Regulation are
  500  authorized to adopt rules to enforce statutory requirements
  501  under their purview regarding foods.
  502         (e)Permitting by the department, in accordance with this
  503  chapter, of any establishment producing, manufacturing,
  504  transporting, selling, offering for sale, distributing, storing,
  505  or holding prepackaged hemp extract for human consumption is not
  506  a duplication of regulatory inspection pursuant to this section.
  507         Section 10. Effective January 1, 2023, paragraph (b) of
  508  subsection (1) of section 500.12, Florida Statutes, as amended
  509  by this act, is amended to read:
  510         500.12 Food permits; building permits.—
  511         (1)
  512         (b) Each food establishment regulated under this chapter
  513  must apply for and receive a food permit before operation
  514  begins. An application for a food permit from the department
  515  must be accompanied by a fee in an amount determined by
  516  department rule. The department shall adopt by rule a schedule
  517  of fees to be paid by each food establishment as a condition of
  518  issuance or renewal of a food permit. Such fees may not exceed
  519  $650 and must be used solely for the recovery of costs for the
  520  services provided, except that the fee accompanying an
  521  application for a food permit for operating a bottled water
  522  plant may not exceed $1,000 and the fee accompanying an
  523  application for a food permit for operating a packaged ice plant
  524  may not exceed $250. The fee for operating a bottled water plant
  525  or a packaged ice plant must be set by rule of the department.
  526  Food permits are not transferable from one person or physical
  527  location to another. Food permits must be renewed annually in
  528  accordance with rules adopted by the department on or before
  529  January 1. If an application for renewal of a food permit is not
  530  received by the department on or before within 30 days after its
  531  due date, a late fee not exceeding $100 must be paid in addition
  532  to the food permit fee before the department may issue the food
  533  permit. The moneys collected must be deposited in the General
  534  Inspection Trust Fund.
  535         Section 11. Subsection (1) of section 500.121, Florida
  536  Statutes, is amended to read:
  537         500.121 Disciplinary procedures.—
  538         (1) In addition to the suspension procedures provided in s.
  539  500.12, if applicable, the department may impose an
  540  administrative fine in the Class II category pursuant to s.
  541  570.971 against any retail food store, food establishment, or
  542  cottage food operation that violates this chapter, which fine,
  543  when imposed and paid, must shall be deposited by the department
  544  into the General Inspection Trust Fund. The department may
  545  revoke or suspend the permit of any such retail food store or
  546  food establishment if it is satisfied that the retail food store
  547  or food establishment has:
  548         (a) Violated this chapter.
  549         (b) Violated or aided or abetted in the violation of any
  550  law of this state governing or applicable to retail food stores
  551  or food establishments or any lawful rules of the department.
  552         (c) Knowingly committed, or been a party to, any material
  553  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
  554  or device whereby another person, lawfully relying upon the
  555  word, representation, or conduct of a retail food store or food
  556  establishment, acts to her or his injury or damage.
  557         (d) Committed any act or conduct of the same or different
  558  character than that enumerated which constitutes fraudulent or
  559  dishonest dealing.
  560         Section 12. Paragraph (a) of subsection (3) of section
  561  500.147, Florida Statutes, is amended to read:
  562         500.147 Inspection of food establishments, food records,
  563  and vehicles.—
  564         (3) For bottled water plants:
  565         (a) Bottled water must be from an approved source. Bottled
  566  water must be processed in conformance with department rule 21
  567  C.F.R. part 129 (2006), and must conform to 21 C.F.R. part 165
  568  (2006). A person operating a bottled water plant is shall be
  569  responsible for all water sampling and analyses required by this
  570  chapter.
  571         Section 13. Subsection (3) of section 500.148, Florida
  572  Statutes, is amended to read:
  573         500.148 Reports and dissemination of information;
  574  confidentiality.—
  575         (3)(a) Upon request of a food establishment, the department
  576  may issue a report certifying that the requesting food
  577  establishment currently complies with the sanitation and
  578  permitting requirements of this chapter and the rules adopted
  579  thereunder. Such certification may be requested for the purpose
  580  of exporting food to a foreign country.
  581         (b) The department may recover the cost associated with
  582  carrying out the provisions of this subsection, the amount of
  583  which shall be set by rule.
  584         Section 14. Subsection (13) is added to section 501.603,
  585  Florida Statutes, to read:
  586         501.603 Definitions.—As used in this part, unless the
  587  context otherwise requires, the term:
  588         (13) “Substance abuse marketing service provider” means an
  589  entity that provides substance abuse advertising or marketing
  590  services to a service provider or an operator of a recovery
  591  residence as described in s. 397.55. The term includes, but is
  592  not limited to, owners, operators, officers, directors,
  593  partners, or other individuals engaged in the management
  594  activities of a business entity pursuant to this part.
  595         Section 15. Section 501.604, Florida Statutes, is amended
  596  to read:
  597         501.604 Exemptions.—The provisions of This part, except ss.
  598  501.608 and 501.616(6) and (7), does do not apply to any of the
  599  following persons:
  600         (1) A person engaging in commercial telephone solicitation
  601  where the solicitation is an isolated transaction and not done
  602  in the course of a pattern of repeated transactions of like
  603  nature.
  604         (2) A person soliciting for religious, charitable,
  605  political, or educational purposes. A person soliciting for
  606  other noncommercial purposes is exempt only if that person is
  607  soliciting for a nonprofit corporation and if that corporation
  608  is properly registered as such with the Secretary of State and
  609  is included within the exemption of s. 501(c)(3) or (6) of the
  610  Internal Revenue Code.
  611         (3) A person who does not make the major sales presentation
  612  during the telephone solicitation and who does not intend to,
  613  and does not actually, complete or obtain provisional acceptance
  614  of a sale during the telephone solicitation, but who makes the
  615  major sales presentation and completes the sale at a later face
  616  to-face meeting between the seller and the prospective purchaser
  617  in accordance with the home solicitation provisions in this
  618  chapter. However, if a seller, directly following a telephone
  619  solicitation, causes an individual whose primary purpose it is
  620  to go to the prospective purchaser to collect the payment or
  621  deliver any item purchased, this exemption does not apply.
  622         (4) A licensed securities, commodities, or investment
  623  broker, dealer, or investment adviser, when soliciting within
  624  the scope of his or her license, or a licensed associated person
  625  of a securities, commodities, or investment broker, dealer, or
  626  investment adviser, when soliciting within the scope of his or
  627  her license. As used in this section, the term “licensed
  628  securities, commodities, or investment broker, dealer, or
  629  investment adviser” means a person subject to license or
  630  registration as such by the Securities and Exchange Commission,
  631  by the Financial Industry Regulatory Authority or other self
  632  regulatory organization as defined by the Securities Exchange
  633  Act of 1934, 15 U.S.C. s. 78l, or by an official or agency of
  634  this state or of any state of the United States. As used in this
  635  section, the term “licensed associated person of a securities,
  636  commodities, or investment broker, dealer, or investment
  637  adviser” means an associated person registered or licensed by
  638  the Financial Industry Regulatory Authority or other self
  639  regulatory organization as defined by the Securities Exchange
  640  Act of 1934, 15 U.S.C. s. 78l, or by an official or agency of
  641  this state or of any state of the United States.
  642         (5) A person primarily soliciting the sale of a newspaper
  643  of general circulation.
  644         (6) A book, video, or record club or contractual plan or
  645  arrangement:
  646         (a) Under which the seller provides the consumer with a
  647  form which the consumer may use to instruct the seller not to
  648  ship the offered merchandise.
  649         (b) Which is regulated by the Federal Trade Commission
  650  trade regulation concerning “use of negative option plans by
  651  sellers in commerce.”
  652         (c) Which provides for the sale of books, records, or
  653  videos which are not covered under paragraph (a) or paragraph
  654  (b), including continuity plans, subscription arrangements,
  655  standing order arrangements, supplements, and series
  656  arrangements under which the seller periodically ships
  657  merchandise to a consumer who has consented in advance to
  658  receive such merchandise on a periodic basis.
  659         (7) A supervised financial institution or parent,
  660  subsidiary, or affiliate thereof operating within the scope of
  661  supervised activity. As used in this section, the term
  662  “supervised financial institution” means a commercial bank,
  663  trust company, savings and loan association, mutual savings
  664  bank, credit union, industrial loan company, consumer finance
  665  lender, commercial finance lender, or insurer, provided that the
  666  institution is subject to supervision by an official or agency
  667  of this state, of any state, or of the United States. For the
  668  purposes of this exemption, the term “affiliate” means a person
  669  who directly, or indirectly through one or more intermediaries,
  670  controls or is controlled by, or is under common control with, a
  671  supervised financial institution.
  672         (8) Any licensed insurance broker, agent, customer
  673  representative, or solicitor when soliciting within the scope of
  674  his or her license. As used in this section, the term “licensed
  675  insurance broker, agent, customer representative, or solicitor”
  676  means any insurance broker, agent, customer representative, or
  677  solicitor licensed by an official or agency of this state or of
  678  any state of the United States.
  679         (9) A person soliciting the sale of services provided by a
  680  cable television system operating under authority of a franchise
  681  or permit.
  682         (10) A business-to-business sale where:
  683         (a) The commercial telephone seller has been lawfully
  684  operating continuously for at least 3 years under the same
  685  business name and has at least 50 percent of its dollar volume
  686  consisting of repeat sales to existing businesses;
  687         (b) The purchaser business intends to resell or offer for
  688  purposes of advertisement or as a promotional item the property
  689  or goods purchased; or
  690         (c) The purchaser business intends to use the property or
  691  goods purchased in a recycling, reuse, remanufacturing, or
  692  manufacturing process.
  693         (11) A person who solicits sales by periodically publishing
  694  and delivering a catalog of the seller’s merchandise to
  695  prospective purchasers, if the catalog:
  696         (a) Contains a written description or illustration of each
  697  item offered for sale.
  698         (b) Includes the business address or home office address of
  699  the seller.
  700         (c) Includes at least 20 pages of written material and
  701  illustrations and is distributed in more than one state.
  702         (d) Has an annual circulation by mailing of not less than
  703  150,000.
  704         (12) A person who solicits contracts for the maintenance or
  705  repair of goods previously purchased from the person making the
  706  solicitation or on whose behalf the solicitation is made.
  707         (13) A commercial telephone seller licensed pursuant to
  708  chapter 516 or part III of chapter 520. For purposes of this
  709  exemption, the seller must solicit to sell a consumer good or
  710  service within the scope of his or her license and the completed
  711  transaction must be subject to the provisions of chapter 516 or
  712  part III of chapter 520.
  713         (14) A telephone company subject to chapter 364, or
  714  affiliate thereof or its agents, or a telecommunications
  715  business that is regulated by the Florida Public Service
  716  Commission, or a Federal Communications Commission licensed
  717  cellular telephone company or other bona fide radio
  718  telecommunication services provider. For the purposes of this
  719  exemption, the term “affiliate” means a person who directly, or
  720  indirectly through one or more intermediaries, controls or is
  721  controlled by, or is under common control with, a telephone
  722  company subject to chapter 364.
  723         (15) A person who is licensed pursuant to chapter 497 and
  724  who is soliciting within the scope of the license.
  725         (16) An issuer or a subsidiary of an issuer that has a
  726  class of securities which is subject to s. 12 of the Securities
  727  Exchange Act of 1934, 15 U.S.C. s. 78l, and which is either
  728  registered or exempt from registration under paragraph (A),
  729  paragraph (B), paragraph (C), paragraph (E), paragraph (F),
  730  paragraph (G), or paragraph (H) of subsection (g)(2) of that
  731  section.
  732         (17) A business soliciting exclusively the sale of
  733  telephone answering services provided that the telephone
  734  answering services will be supplied by the solicitor.
  735         (18) A person soliciting a transaction regulated by the
  736  Commodity Futures Trading Commission if the person is registered
  737  or temporarily licensed for this activity with the Commodity
  738  Futures Trading Commission under the Commodity Exchange Act, 7
  739  U.S.C. ss. 1 et seq., and the registration or license has not
  740  expired or been suspended or revoked.
  741         (19) A person soliciting the sale of food or produce as
  742  defined in chapter 500 or chapter 504 if the solicitation
  743  neither intends to result in, or actually results in, a sale
  744  which costs the purchaser in excess of $500.
  745         (20) A person who is registered pursuant to part XI of
  746  chapter 559 and who is soliciting within the scope of the
  747  registration.
  748         (21) A person soliciting business from prospective
  749  consumers who have an existing business relationship with or who
  750  have previously purchased from the business enterprise for which
  751  the solicitor is calling, if the solicitor is operating under
  752  the same exact business name.
  753         (22) A person who has been operating, for at least 1 year,
  754  a retail business establishment under the same name as that used
  755  in connection with telemarketing, and both of the following
  756  occur on a continuing basis:
  757         (a) Either products are displayed and offered for sale or
  758  services are offered for sale and provided at the business
  759  establishment.
  760         (b) A majority of the seller’s business involves the buyer
  761  obtaining such products or services at the seller’s location.
  762         (23) A person who is a registered developer or exchange
  763  company pursuant to chapter 721 and who is soliciting within the
  764  scope of the chapter.
  765         (24) Any person who has been lawfully providing
  766  telemarketing sales services continuously for at least 5 years
  767  under the same ownership and control and who derives 75 percent
  768  of its gross telemarketing sales revenues from contracts with
  769  persons exempted in this section.
  770         (25) A person licensed pursuant to chapter 475 and who is
  771  soliciting within the scope of the chapter.
  772         (26) A publisher, or an agent of a publisher by written
  773  agreement, who solicits the sale of his or her periodical or
  774  magazine of general, paid circulation. The term “paid
  775  circulation” does shall not include magazines that are only
  776  circulated as part of a membership package or that are given as
  777  a free gift or prize from the publisher or agent of the
  778  publisher by written agreement.
  779         (27) A person who is a licensed operator or an
  780  identification cardholder, as defined in chapter 482, and who is
  781  soliciting within the scope of the chapter.
  782         (28) A licensee, or an affiliate of a licensee, regulated
  783  under chapter 560, the Money Transmitters’ Code, for foreign
  784  currency exchange services.
  785  
  786  The exemptions provided by this section do not apply to
  787  substance abuse marketing service providers.
  788         Section 16. Section 501.605, Florida Statutes, is amended
  789  to read:
  790         501.605 Licensure of commercial telephone sellers and
  791  entities providing substance abuse marketing services.—
  792         (1) Before doing business in this state, a commercial
  793  telephone seller or an entity providing substance abuse
  794  marketing services in accordance with s. 397.55 shall obtain a
  795  license from the department. Doing business in this state
  796  includes either telephone solicitation from a location in
  797  Florida or solicitation from other states or nations of
  798  purchasers located in Florida.
  799         (2) An applicant for a license as a commercial telephone
  800  seller or as an entity providing substance abuse marketing
  801  services must submit to the department, in such form as it
  802  prescribes, a written application for the license. The
  803  application must state all of set forth the following
  804  information:
  805         (a) The true name, date of birth, driver license number or
  806  other valid form of identification, and home address of the
  807  applicant, including each name under which he or she intends to
  808  do business.
  809         (b) Each business or occupation engaged in by the applicant
  810  during the 3 years immediately preceding the date of the
  811  application, and the location thereof.
  812         (c) The previous experience of the applicant as a
  813  commercial telephone seller or salesperson or as an entity
  814  providing substance abuse marketing services.
  815         (d) Whether the applicant has previously been arrested for,
  816  convicted of, or is under indictment or information for, a
  817  felony and, if so, the nature of the felony. Conviction includes
  818  a finding of guilt where adjudication has been withheld.
  819         (e) Whether the applicant has previously been convicted of,
  820  or is under indictment or information for, racketeering or any
  821  offense involving fraud, theft, embezzlement, fraudulent
  822  conversion, or misappropriation of property. Conviction includes
  823  a finding of guilt where adjudication has been withheld.
  824         (f) Whether there has ever been a judicial or
  825  administrative finding that the applicant has previously been
  826  convicted of acting as a salesperson without a license, or
  827  whether such a license has previously been refused, revoked, or
  828  suspended in any jurisdiction.
  829         (g) Whether the applicant has worked for, or been
  830  affiliated with, a company that has had entered against it an
  831  injunction, a temporary restraining order, or a final judgment
  832  or order, including a stipulated judgment or order, an assurance
  833  of voluntary compliance, or any similar document, in any civil
  834  or administrative action involving racketeering, fraud, theft,
  835  embezzlement, fraudulent conversion, or misappropriation of
  836  property or the use of any untrue, deceptive, or misleading
  837  representation or the use of any unfair, unlawful, or deceptive
  838  trade practice.
  839         (h) Whether the applicant has had entered against him or
  840  her an injunction, a temporary restraining order, or a final
  841  judgment or order, including a stipulated judgment or order, an
  842  assurance of voluntary compliance, or any similar document, in
  843  any civil or administrative action involving racketeering,
  844  fraud, theft, embezzlement, fraudulent conversion, or
  845  misappropriation of property or the use of any untrue,
  846  deceptive, or misleading representation or the use of any
  847  unfair, unlawful, or deceptive trade practice; and whether or
  848  not there is any litigation pending against the applicant.
  849         (i) The name of any parent or affiliated entity that:
  850         1. Will engage in a business transaction with the purchaser
  851  relating to any sale solicited by the applicant; or
  852         2. Accepts responsibility or is otherwise held out by the
  853  applicant as being responsible for any statement or act of the
  854  applicant relating to any sale solicited by the applicant.
  855         (j) The complete street address of each location,
  856  designating the principal location, from which the applicant
  857  will be doing business. The street address may not be a mail
  858  drop.
  859         (k) A list of all telephone numbers to be used by the
  860  applicant, with the address where each telephone using these
  861  numbers will be located.
  862         (l) The true name, current home address, date of birth, and
  863  all other names by which known, or previously known, of each:
  864         1. Principal officer, director, trustee, shareholder,
  865  owner, or partner of the applicant, and of each other person
  866  responsible for the management of the business of the applicant.
  867         2. Office manager or other person principally responsible
  868  for a location from which the applicant will do business.
  869         3. Salesperson or other person to be employed by the
  870  applicant.
  871  
  872  The application must shall be accompanied by a copy of any:
  873  script, outline, or presentation the applicant will require or
  874  suggest a salesperson to use when soliciting, or, if no such
  875  document is used, a statement to that effect; sales information
  876  or literature to be provided by the applicant to a salesperson;
  877  and sales information or literature to be provided by the
  878  applicant to a purchaser in connection with any solicitation.
  879         (3) When an application states sets forth information
  880  regarding an applicant as described in paragraphs (2)(d)-(h),
  881  the applicant must:
  882         (a) Identify the court or administrative agency rendering
  883  the conviction, judgment, or order against the person or pending
  884  litigation.
  885         (b) Provide the docket number of the matter; the date of
  886  the conviction, judgment, or order; and the name of the
  887  governmental agency, if any, that brought the action resulting
  888  in the conviction, judgment, or order. The applicant must also
  889  include litigation.
  890         (4) If the applicant is other than a natural person, or if
  891  any parent or affiliated entity is identified pursuant to
  892  paragraph (2)(i), the applicant must, for itself and for any
  893  such entity, identify its place of organization and:
  894         (a) In the case of a partnership, provide a copy of any
  895  written partnership agreement; or
  896         (b) In the case of a corporation, provide a copy of its
  897  articles of incorporation and bylaws.
  898         (5) An application filed pursuant to this part must be
  899  verified and accompanied by:
  900         (a) A bond, letter of credit, or certificate of deposit
  901  satisfying the requirements of s. 501.611. An entity providing
  902  substance abuse marketing services in accordance with s. 397.55
  903  is exempt from this requirement.
  904         (b) A fee for licensing in the amount of $1,500. The fee
  905  must shall be deposited into the General Inspection Trust Fund.
  906  The department shall waive the initial license fee for an
  907  honorably discharged veteran of the United States Armed Forces,
  908  the spouse or surviving spouse of such a veteran, a current
  909  member of the United States Armed Forces who has served on
  910  active duty, the spouse of such a member, the surviving spouse
  911  of a member of the United States Armed Forces if such member
  912  died while serving on active duty, or a business entity that has
  913  a majority ownership held by such a veteran or spouse or
  914  surviving spouse if the department receives an application, in a
  915  format prescribed by the department. The application format must
  916  include the applicant’s signature, under penalty of perjury, and
  917  supporting documentation. To qualify for the waiver:
  918         1. A veteran must provide to the department a copy of his
  919  or her DD Form 214, as issued by the United States Department of
  920  Defense, or another acceptable form of identification as
  921  specified by the Department of Veterans’ Affairs;
  922         2. The spouse or surviving spouse of a veteran must provide
  923  to the department a copy of the veteran’s DD Form 214, as issued
  924  by the United States Department of Defense, or another
  925  acceptable form of identification as specified by the Department
  926  of Veterans’ Affairs, and a copy of a valid marriage license or
  927  certificate verifying that he or she was lawfully married to the
  928  veteran at the time of discharge; or
  929         3. A business entity must provide to the department proof
  930  that a veteran or the spouse or surviving spouse of a veteran
  931  holds a majority ownership in the business, a copy of the
  932  veteran’s DD Form 214, as issued by the United States Department
  933  of Defense, or another acceptable form of identification as
  934  specified by the Department of Veterans’ Affairs, and, if
  935  applicable, a copy of a valid marriage license or certificate
  936  verifying that the spouse or surviving spouse of the veteran was
  937  lawfully married to the veteran at the time of discharge.
  938         (6) The department shall issue a license number to all
  939  commercial telephone sellers.
  940         (7) It is a violation of this part for a commercial
  941  telephone seller or an entity providing substance abuse
  942  marketing services to:
  943         (a) Fail to maintain a valid license.
  944         (b) Advertise that one is licensed as a commercial seller
  945  or as an entity providing substance abuse marketing services or
  946  represent that such licensing constitutes approval or
  947  endorsement by any government or governmental office or agency.
  948         (c) Provide inaccurate or incomplete information to the
  949  department when making a license application.
  950         (d) Misrepresent that a person is registered or that such a
  951  person has a valid license number.
  952         Section 17. Section 501.6055, Florida Statutes, is created
  953  to read:
  954         501.6055 Licensure of substance abuse marketing service
  955  providers.—
  956         (1)Before doing business in this state, a substance abuse
  957  marketing service provider must obtain a license from the
  958  department. As used in this subsection, the term “doing business
  959  in this state” includes providing substance abuse marketing
  960  services to a service provider or operator of a recovery
  961  residence with locations in Florida, by making telephone calls
  962  from a location in Florida, making telephone calls from other
  963  states or nations to consumers located in Florida, or using
  964  advertisements to invite telephone calls from Florida consumers.
  965         (2)An applicant for a license as a substance abuse
  966  marketing service provider must submit to the department a
  967  written application, in a form prescribed by the department, for
  968  the license. The application must include all of the following
  969  information:
  970         (a)The true name, date of birth, driver license number or
  971  other valid form of identification, and home address of the
  972  applicant, including each name under which he or she intends to
  973  do business.
  974         (b)Each business or occupation engaged in by the applicant
  975  during the 3 years immediately preceding the date of the
  976  application, and the location thereof.
  977         (c)The previous experience of the applicant as a substance
  978  abuse marketing service provider.
  979         (d)Whether the applicant has previously been arrested for
  980  or convicted of, or is under indictment or information for, a
  981  felony and, if so, the nature of the felony. Conviction includes
  982  a finding of guilt where adjudication has been withheld.
  983         (e)Whether the applicant has previously been convicted of,
  984  or is under indictment or information for, racketeering or any
  985  offense involving fraud, theft, embezzlement, fraudulent
  986  conversion, or misappropriation of property. Conviction includes
  987  a finding of guilt where adjudication has been withheld.
  988         (f)Whether there has ever been a judicial or
  989  administrative finding in any jurisdiction that the applicant
  990  has previously been convicted of acting as a substance abuse
  991  marketing service provider without a license, or whether such a
  992  license has previously been refused, revoked, or suspended.
  993         (g)Whether the applicant has worked for, or been
  994  affiliated with, a company that has had entered against it an
  995  injunction, a temporary restraining order, or a final judgment
  996  or order, including a stipulated judgment or order, an assurance
  997  of voluntary compliance, or any similar document, in any civil
  998  or administrative action involving racketeering, fraud, theft,
  999  embezzlement, fraudulent conversion, or misappropriation of
 1000  property or the use of any untrue, deceptive, or misleading
 1001  representation or the use of any unfair, unlawful, or deceptive
 1002  trade practice.
 1003         (h)Whether the applicant has had entered against him or
 1004  her an injunction, a temporary restraining order, or a final
 1005  judgment or order, including a stipulated judgment or order, an
 1006  assurance of voluntary compliance, or any similar document, in
 1007  any civil or administrative action involving racketeering,
 1008  fraud, theft, embezzlement, fraudulent conversion, or
 1009  misappropriation of property or the use of any untrue,
 1010  deceptive, or misleading representation or the use of any
 1011  unfair, unlawful, or deceptive trade practice; and whether there
 1012  is any litigation pending against the applicant.
 1013         (i)The name of any parent or affiliated entity that:
 1014         1.Will engage in a business transaction with the
 1015  individual seeking substance abuse services through the
 1016  applicant; or
 1017         2.Accepts responsibility or is otherwise held out by the
 1018  applicant as being responsible for any statement or act of the
 1019  applicant relating to any service offered by the applicant.
 1020         (j)The complete street address of each location,
 1021  designating the principal location, from which the applicant
 1022  will be doing business. The street address may not be a post
 1023  office box.
 1024         (k)A list of all telephone numbers to be used by the
 1025  applicant, with the address where each telephone using these
 1026  numbers will be located.
 1027         (l)The true name, current home address, date of birth, and
 1028  all other names by which known, or previously known, of each:
 1029         1.Applicant, or if the applicant is not an individual, the
 1030  principal officer, director, trustee, shareholder, owner, or
 1031  partner of the applicant, and of each other person responsible
 1032  for the management of the business of the applicant.
 1033         2.Office manager or other person principally responsible
 1034  for a location from which the applicant will do business.
 1035         3.Persons to be employed by the applicant to make or
 1036  answer telephone calls in connection with the marketing of
 1037  substance abuse services.
 1038  
 1039  The application must be accompanied by a copy of any script,
 1040  outline, or presentation the applicant will require or suggest a
 1041  person to use when making or answering telephone calls in the
 1042  conduct of business as a substance abuse marketing service
 1043  provider, or, if no such document is used, a statement to that
 1044  effect; literature to be provided by the applicant to a person
 1045  employed to make or answer calls on behalf of the substance
 1046  abuse marketing service provider; and literature to be provided
 1047  by the applicant to an individual who requests assistance with
 1048  substance abuse services.
 1049         (3)When an application states information regarding an
 1050  applicant as described in paragraphs (2)(d)-(h), the applicant
 1051  must:
 1052         (a)Identify the court or administrative agency rendering
 1053  the conviction, judgment, or order against the applicant or
 1054  where there is pending litigation; and
 1055         (b)Provide the docket number of the matter; the date of
 1056  the conviction, judgment, or order; and the name of the
 1057  governmental agency, if any, that brought the action resulting
 1058  in the conviction, judgment, or order.
 1059         (4)If the applicant is other than a natural person, or if
 1060  any parent or affiliated entity is identified pursuant to
 1061  paragraph (2)(i), the applicant must, for itself and for any
 1062  such entity, identify its place of organization and:
 1063         (a)In the case of a partnership, provide a copy of any
 1064  written partnership agreement; or
 1065         (b)In the case of a corporation, provide a copy of its
 1066  articles of incorporation and bylaws.
 1067         (5)The applicant must submit a fee for licensing in the
 1068  amount of $1,500. The fee must be deposited into the General
 1069  Inspection Trust Fund. The department shall waive the initial
 1070  license fee for an honorably discharged veteran of the United
 1071  States Armed Forces, the spouse or surviving spouse of such a
 1072  veteran, a current member of the United States Armed Forces who
 1073  has served on active duty, the spouse of such a member, the
 1074  surviving spouse of a member of the United States Armed Forces
 1075  if such member died while serving on active duty, or a business
 1076  entity that has a majority ownership held by such a veteran or
 1077  spouse or surviving spouse if the department receives an
 1078  application, in a format prescribed by the department. The
 1079  application form must include the applicant’s signature, under
 1080  penalty of perjury, and supporting documentation. To qualify for
 1081  the waiver:
 1082         (a)A veteran must provide to the department a copy of his
 1083  or her DD Form 214, as issued by the United States Department of
 1084  Defense, or another acceptable form of identification as
 1085  specified by the Department of Veterans’ Affairs;
 1086         (b)The spouse or surviving spouse of a veteran must
 1087  provide to the department a copy of the veteran’s DD Form 214,
 1088  as issued by the United States Department of Defense, or another
 1089  acceptable form of identification as specified by the Department
 1090  of Veterans’ Affairs, and a copy of a valid marriage license or
 1091  certificate verifying that he or she was lawfully married to the
 1092  veteran at the time of discharge; or
 1093         (c)A business entity must provide to the department proof
 1094  that a veteran or the spouse or surviving spouse of a veteran
 1095  holds a majority ownership in the business, a copy of the
 1096  veteran’s DD Form 214, as issued by the United States Department
 1097  of Defense, or another acceptable form of identification as
 1098  specified by the Department of Veterans’ Affairs, and, if
 1099  applicable, a copy of a valid marriage license or certificate
 1100  verifying that the spouse or surviving spouse of the veteran was
 1101  lawfully married to the veteran at the time of discharge.
 1102         (6)The department shall issue a license number to all
 1103  substance abuse marketing service providers.
 1104         (7)It is a violation of this part for a substance abuse
 1105  marketing service provider to:
 1106         (a)Fail to maintain a valid license.
 1107         (b)Advertise that one is licensed as a substance abuse
 1108  marketing service provider or represent that such licensing
 1109  constitutes approval or endorsement by any government or
 1110  governmental office or agency.
 1111         (c)Provide inaccurate or incomplete information to the
 1112  department when making a license application.
 1113         (d)Misrepresent that a person is registered or that such a
 1114  person has a valid license number.
 1115         Section 18. Section 501.606, Florida Statutes, is amended
 1116  to read:
 1117         501.606 Disclosures required of commercial telephone
 1118  sellers and entities providing substance abuse marketing service
 1119  providers services.—
 1120         (1) With respect to any person identified pursuant to s.
 1121  501.605(2)(a), (2)(i), or (2)(l) or s. 501.6055(2)(a), (2)(i),
 1122  or (2)(l) s. 501.605, an applicant for a license as a commercial
 1123  telephone seller or as an entity providing substance abuse
 1124  marketing service provider services must state in his or her
 1125  application the identity of any affiliated commercial seller, or
 1126  salesperson, or substance abuse marketing service provider who:
 1127         (a) Has been convicted of, or is under indictment or
 1128  information for, racketeering or any offense involving fraud,
 1129  theft, embezzlement, fraudulent conversion, or misappropriation
 1130  of property. Conviction includes a finding of guilt where
 1131  adjudication has been withheld;
 1132         (b) Is involved in pending litigation or has had entered
 1133  against him or her an injunction, a temporary restraining order,
 1134  or a final judgment or order, including a stipulated judgment or
 1135  order, an assurance of voluntary compliance, or any similar
 1136  document, in any civil or administrative action involving
 1137  racketeering, fraud, theft, embezzlement, fraudulent conversion,
 1138  or misappropriation of property or the use of any untrue,
 1139  deceptive, or misleading representation or the use of any
 1140  unfair, unlawful, or deceptive trade practice;
 1141         (c) Is, or ever has been, subject to any litigation,
 1142  injunction, temporary restraining order, or final judgment or
 1143  order, including a stipulated judgment or order, an assurance of
 1144  voluntary compliance, or any similar document or any restrictive
 1145  court order relating to a business activity as the result of any
 1146  action brought by a governmental agency, including any action
 1147  affecting any license to do business or practice an occupation
 1148  or trade;
 1149         (d) Has at any time during the previous 7 years filed for
 1150  bankruptcy, been adjudged bankrupt, or been reorganized because
 1151  of insolvency; or
 1152         (e) Has been a principal, director, officer, or trustee of,
 1153  or a general or limited partner in, or had responsibilities as a
 1154  manager in, any corporation, partnership, joint venture, or
 1155  other entity that filed for bankruptcy, was adjudged bankrupt,
 1156  or was reorganized because of insolvency within 1 year after the
 1157  person held that position. The disclosures required in paragraph
 1158  (d) are shall be applicable insofar as they relate to the
 1159  commercial telephone seller or substance abuse marketing service
 1160  provider applicant, as well as any affiliated commercial seller,
 1161  affiliate or salesperson, or substance abuse marketing service
 1162  provider.
 1163         (2)(a) For any person described in subsection (1), the
 1164  applicant must:
 1165         1. Identify the court or administrative agency rendering
 1166  the conviction, judgment, or order against the person or pending
 1167  litigation.
 1168         2. Provide the docket number of the matter, the date of the
 1169  conviction, judgment, or order, and the name of the governmental
 1170  agency, if any, that brought the action resulting in the
 1171  conviction, judgment, or order.
 1172         (b) For any person described in paragraph (1)(e), the
 1173  applicant must provide the name and address of the person filing
 1174  for bankruptcy, adjudged bankrupt, or reorganized because of
 1175  insolvency, the date of the action, the court which exercised
 1176  jurisdiction, and the docket number of the matter.
 1177         (3) Each commercial telephone seller and substance abuse
 1178  marketing service provider shall disclose to the department the
 1179  name, address, and account number of each institution where
 1180  banking or similar monetary transactions are done by the
 1181  commercial telephone seller or substance abuse marketing service
 1182  provider.
 1183         Section 19. Subsections (3) and (4) of section 501.608,
 1184  Florida Statutes, are amended to read:
 1185         501.608 License or affidavit of exemption; occupational
 1186  license.—
 1187         (3) Failure to obtain or display a license or a receipt of
 1188  filing of an affidavit of exemption is sufficient grounds for
 1189  the department to issue an immediate cease and desist order,
 1190  which shall act as an immediate final order under s.
 1191  120.569(2)(n). The order must shall remain in effect until the
 1192  commercial telephone seller, the entity providing substance
 1193  abuse marketing service provider services, or a person claiming
 1194  to be exempt shows the authorities that he or she is properly
 1195  licensed or exempt. The department may order the business to
 1196  cease operations and shall order the phones to be shut off.
 1197  Failure of a salesperson to display a license or a receipt of
 1198  filing of an affidavit of exemption may result in the
 1199  salesperson being summarily ordered by the department to leave
 1200  the office until he or she can produce a license or a receipt of
 1201  filing of an affidavit of exemption for the department.
 1202         (4) Any person applying for or renewing a local
 1203  occupational license to engage in business as a commercial
 1204  telephone seller or as an entity providing substance abuse
 1205  marketing service provider services must exhibit an active
 1206  license or a copy of the affidavit of exemption before the local
 1207  occupational license may be issued or reissued.
 1208         Section 20. Subsection (3) of section 501.609, Florida
 1209  Statutes, is amended to read:
 1210         501.609 License renewal.—
 1211         (3) If any change is made to any script, outline,
 1212  presentation, sales information, or literature used by a
 1213  licensee in connection with any solicitation or any services
 1214  provided by a substance abuse marketing service provider, the
 1215  new or revised material must be submitted by the licensee to the
 1216  department within 10 days after of the change.
 1217         Section 21. Subsection (1) of section 501.612, Florida
 1218  Statutes, is amended to read:
 1219         501.612 Grounds for departmental action against licensure
 1220  applicants or licensees.—
 1221         (1) The department may enter an order directing that one or
 1222  more of the actions set forth in subsection (2) be taken if the
 1223  department finds that a commercial telephone seller, or
 1224  salesperson, or an entity providing substance abuse marketing
 1225  service provider services, or any person applying for licensure
 1226  as a commercial telephone seller, or salesperson, or an entity
 1227  providing substance abuse marketing service provider services,
 1228  including, but not limited to, owners, operators, officers,
 1229  directors, partners, or other individuals engaged in the
 1230  management activities of a business entity:
 1231         (a) Has, regardless of adjudication, been convicted or
 1232  found guilty of, or has entered a plea of guilty or a plea of
 1233  nolo contendere to, racketeering or any offense involving fraud,
 1234  theft, embezzlement, fraudulent conversion, or misappropriation
 1235  of property, or any other crime involving moral turpitude;
 1236         (b) Has, regardless of adjudication, been convicted or
 1237  found guilty of, or has entered a plea of guilty or a plea of
 1238  nolo contendere to, any felony;
 1239         (c) Has had entered against him or her or any business for
 1240  which he or she has worked or been affiliated, an injunction, a
 1241  temporary restraining order, or a final judgment or order,
 1242  including a stipulated judgment or order, an assurance of
 1243  voluntary compliance, or any similar document, in any civil or
 1244  administrative action involving racketeering, fraud, theft,
 1245  embezzlement, fraudulent conversion, or misappropriation of
 1246  property or the use of any untrue or misleading representation
 1247  in an attempt to sell or dispose of real or personal property or
 1248  the use of any unfair, unlawful, or deceptive trade practice;
 1249         (d) Is subject to or has worked or been affiliated with any
 1250  company which is, or ever has been, subject to any injunction,
 1251  temporary restraining order, or final judgment or order,
 1252  including a stipulated judgment or order, an assurance of
 1253  voluntary compliance, or any similar document, or any
 1254  restrictive court order relating to a business activity as the
 1255  result of any action brought by a governmental agency, including
 1256  any action affecting any license to do business or practice an
 1257  occupation or trade;
 1258         (e) Has at any time during the previous 7 years filed for
 1259  bankruptcy, been adjudged bankrupt, or been reorganized because
 1260  of insolvency;
 1261         (f) Has been a principal, director, officer, or trustee of,
 1262  or a general or limited partner in, or had responsibilities as a
 1263  manager in, any corporation, partnership, joint venture, or
 1264  other entity that filed the bankruptcy, was adjudged bankrupt,
 1265  or was reorganized because of insolvency within 1 year after the
 1266  person held that position;
 1267         (g) Has been previously convicted of or found to have been
 1268  acting as a salesperson, or commercial telephone seller, or an
 1269  entity providing substance abuse marketing service provider
 1270  services without a license or whose licensure has previously
 1271  been refused, revoked, or suspended in any jurisdiction;
 1272         (h) Falsifies or willfully omits any material information
 1273  asked for in any application, document, or record required to be
 1274  submitted or retained under this part;
 1275         (i) Makes a material false statement in response to any
 1276  request or investigation by the department or the state
 1277  attorney;
 1278         (j) Refuses or fails, after notice, to produce any document
 1279  or record or disclose any information required to be produced or
 1280  disclosed under this part or the rules of the department;
 1281         (k) Is not of good moral character; or
 1282         (l) Otherwise violates or is operating in violation of any
 1283  of the provisions of this part or of the rules adopted or orders
 1284  issued thereunder.
 1285         Section 22. Subsections (4) and (5) of section 501.616,
 1286  Florida Statutes, are amended to read:
 1287         501.616 Unlawful acts and practices.—
 1288         (4) A commercial telephone seller, or salesperson, or
 1289  substance abuse marketing service provider must be licensed.
 1290         (5) A salesperson, or commercial telephone seller, or
 1291  substance abuse marketing service provider may not otherwise
 1292  violate this part.
 1293         Section 23. Section 501.618, Florida Statutes, is amended
 1294  to read:
 1295         501.618 General civil remedies.—
 1296         (1) The department may bring:
 1297         (a)(1) An action to obtain a declaratory judgment that an
 1298  act or practice violates the provisions of this part.
 1299         (b)(2) An action to enjoin a person who has violated, is
 1300  violating, or is otherwise likely to violate the provisions of
 1301  this part.
 1302         (c)(3) An action on behalf of one or more purchasers for
 1303  the actual damages caused by an act or practice performed in
 1304  violation of the provisions of this part. Such an action may
 1305  include, but is not limited to, an action to recover against a
 1306  bond, letter of credit, or certificate of deposit as otherwise
 1307  provided in this part.
 1308         (2) Upon motion of the enforcing authority in any action
 1309  brought under this section, the court may make appropriate
 1310  orders, including appointment of a general or special magistrate
 1311  or receiver or sequestration of assets, to reimburse consumers
 1312  found to have been damaged, to carry out a consumer transaction
 1313  in accordance with the consumer’s reasonable expectations, or to
 1314  grant other appropriate relief. The court may assess the
 1315  expenses of a general or special magistrate or receiver against
 1316  a commercial telephone seller or an entity providing substance
 1317  abuse marketing service provider services. Any injunctive order,
 1318  whether temporary or permanent, issued by the court is shall be
 1319  effective throughout this the state unless otherwise provided in
 1320  the order.
 1321         Section 24. Section 502.012, Florida Statutes, is amended
 1322  to read:
 1323         502.012 Definitions.—As used in this chapter, the term:
 1324         (1) “Bulk milk hauler/sampler” means a person who collects
 1325  official samples and transports raw milk from a farm or raw milk
 1326  products to or from a milk plant, receiving station, or transfer
 1327  station and is permitted to sample the milk products by any
 1328  state regulatory agency charged in implementing the United
 1329  States Food and Drug Administration’s Grade “A” program.
 1330         (2) “Bulk milk pickup tanker” means a vehicle, including
 1331  the truck and tank, and those appurtenances necessary for its
 1332  use necessary attachments, which is used by a milk hauler to
 1333  transport bulk raw milk for pasteurization, ultra
 1334  pasteurization, aseptic processing and packaging, or retort
 1335  processing after packaging from a dairy farm to a milk plant,
 1336  receiving station, or transfer station.
 1337         (3)(2) “Dairy farm” means any place or premises where one
 1338  or more lactating animals, including cows, goats, sheep, water
 1339  buffalo, or other hooved mammals, or camels, are kept for
 1340  milking purposes, and from which a part or all of the milk is
 1341  provided, sold, or offered for sale.
 1342         (4)(3) “Department” means the Department of Agriculture and
 1343  Consumer Services.
 1344         (5)(4) “Frozen dessert” means a specific standardized
 1345  frozen dessert described in 21 C.F.R. part 135, excluding part
 1346  135.160 and any other food defined by rule of the department
 1347  that resembles such standardized frozen dessert but does not
 1348  conform to the specific description of such standardized frozen
 1349  dessert in 21 C.F.R. part 135. The term includes, but is not
 1350  limited to, a quiescently frozen confection, a quiescently
 1351  frozen dairy confection, a frozen dietary dairy dessert, and a
 1352  frozen dietary dessert.
 1353         (5) “Frozen desserts manufacturer” means a person who
 1354  manufactures, processes, converts, partially freezes, or freezes
 1355  any mix or frozen dessert for distribution or sale.
 1356         (6) “Frozen desserts plant” means any place that
 1357  pasteurizes dairy products or receives raw milk for the purpose
 1358  of manufacturing or processing frozen desserts location or
 1359  premises at which frozen desserts or mix are manufactured,
 1360  processed, or frozen for distribution or sale at wholesale.
 1361         (7) “Frozen desserts retail establishment” means any
 1362  location or premises, including a retail store, stand, hotel,
 1363  boardinghouse, restaurant, vehicle, or mobile unit, at which
 1364  frozen desserts are frozen, partially frozen, or dispensed for
 1365  sale at retail.
 1366         (8) “Frozen dietary dairy dessert” or “frozen dietary
 1367  dessert” means a food for any special dietary use, prepared by
 1368  freezing, with or without agitation, and composed of a
 1369  pasteurized mix that may contain fat, protein, carbohydrates,
 1370  natural or artificial sweeteners, flavoring, stabilizers,
 1371  emulsifiers, vitamins, and minerals.
 1372         (9) “Grade ‘A’ pasteurized milk ordinance” means the
 1373  document entitled “Grade ‘A’ Pasteurized Milk Ordinance, United
 1374  States Department of Health and Human Services, Public Health
 1375  Service, Food and Drug Administration,” including all associated
 1376  appendices, as adopted by department rule.
 1377         (8)(10) “Imitation milk and imitation milk products” means
 1378  those foods that have the physical characteristics, such as
 1379  taste, flavor, body, texture, or appearance, of milk or milk
 1380  products as defined in this chapter and the Grade “A”
 1381  pasteurized milk ordinance but do not come within the definition
 1382  of “milk” or “milk products” and are nutritionally inferior to
 1383  the product imitated.
 1384         (9)(11) “Milk” means the lacteal secretion, practically
 1385  free from colostrum, obtained by the complete milking of one or
 1386  more healthy cows, goats, sheep, water buffalo, or other hooved
 1387  mammals or camels.
 1388         (10)(12) “Milk distributor” means any person who offers for
 1389  sale or sells to another person any milk or milk product.
 1390         (15)(13) “Milk products” means products made with milk that
 1391  is processed in some manner, including being whipped, acidified,
 1392  cultured, concentrated, lactose-reduced, or sodium-reduced or
 1393  aseptically processed, or having the addition or subtraction of
 1394  milkfat, the addition of safe and suitable microbial organisms,
 1395  or the addition of safe and suitable optional ingredients for
 1396  protein, vitamin, or mineral fortification. The term does “milk
 1397  products” do not include products such as evaporated milk,
 1398  condensed milk, eggnog in a rigid metal container, dietary
 1399  products, infant formula, or ice cream and other desserts.
 1400         (18)(14) “Milkfat” or “butterfat” means the fat contained
 1401  in milk.
 1402         (11)(15) “Milk hauler” means any person who transports raw
 1403  milk or raw milk products to or from a milk plant, receiving
 1404  station, or transfer station.
 1405         (12)(16) “Milk plant” means any place, premises, or
 1406  establishment where milk or milk products are collected,
 1407  handled, processed, stored, pasteurized, ultra-pasteurized,
 1408  aseptically processed and packaged, retort processed after
 1409  packaging, condensed, dried, packaged, bottled, or prepared for
 1410  distribution.
 1411         (13)(17) “Milk plant operator” means any person responsible
 1412  for receiving, processing, pasteurizing, or packaging milk and
 1413  milk products, or performing any other related operation.
 1414         (14)(18) “Milk producer” means any person who operates a
 1415  dairy farm and provides, sells, or offers for sale milk to a
 1416  milk plant, receiving station, or transfer station.
 1417         (16)(19) “Milk tank truck” means either a bulk milk pickup
 1418  tanker or a milk transport tank.
 1419         (17)(20) “Milk transport tank” means a vehicle, including
 1420  the truck and tank, used by a bulk milk hauler/sampler or a milk
 1421  hauler to transport bulk shipments of milk from a milk plant,
 1422  receiving station, or transfer station to another milk plant,
 1423  receiving station, or transfer station.
 1424         (21) “Quiescently frozen confection” means a clean and
 1425  wholesome frozen, sweetened, flavored product that, while being
 1426  frozen, was not stirred or agitated (generally known as
 1427  quiescent freezing). The confection may be acidulated with food
 1428  grade acid, may contain milk solids or water, or may be made
 1429  with or without added harmless pure or imitation flavoring and
 1430  with or without harmless coloring. The finished product must not
 1431  contain more than 0.5 percent by weight of stabilizer composed
 1432  of wholesome, edible material and must not contain less than 17
 1433  percent by weight of total food solids. In the production of the
 1434  confection, processing or mixing before quiescent freezing that
 1435  develops in the finished confection mix any physical expansion
 1436  in excess of 10 percent may not be used.
 1437         (22) “Quiescently frozen dairy confection” means a clean
 1438  and wholesome frozen product made from water, milk products, and
 1439  sugar, with added harmless pure or imitation flavoring, with or
 1440  without added harmless coloring, with or without added
 1441  stabilizer, or with or without added emulsifier, that, while
 1442  being frozen, was not stirred or agitated (generally known as
 1443  quiescent freezing). The confection must not contain less than
 1444  13 percent by weight of total milk solids, less than 33 percent
 1445  by weight of total food solids, more than 0.5 percent by weight
 1446  of stabilizer, or more than 0.2 percent by weight of emulsifier.
 1447  Stabilizer and emulsifier must be composed of wholesome, edible
 1448  material. In the production of a quiescently frozen dairy
 1449  confection, processing or mixing before quiescently freezing
 1450  that develops in the finished confection mix any physical
 1451  expansion in excess of 10 percent may not be used.
 1452         (19)(23) “Raw milk” means unpasteurized unprocessed milk.
 1453         (20)(24) “Receiving station” means any place, premises, or
 1454  establishment where raw milk is received, collected, handled,
 1455  stored, or cooled and is prepared for further transporting.
 1456         (21)“Reconstituted milk or milk products” or “recombined
 1457  milk or milk products” means milk or milk products that result
 1458  from reconstituting or recombining milk constituents with
 1459  potable water.
 1460         (22)“Retail” means the sale of goods to the public for use
 1461  or consumption rather than for resale.
 1462         (23)(25) “Substitute milk and substitute milk products”
 1463  means those foods that have the physical characteristics, such
 1464  as taste, flavor, body, texture, or appearance, of milk or milk
 1465  products as defined in this chapter and the Grade “A”
 1466  pasteurized milk ordinance but do not come within the definition
 1467  of “milk” or “milk products” and are nutritionally equivalent to
 1468  the product for which they are substitutes.
 1469         (24)(26) “Transfer station” means any place, premises, or
 1470  establishment where milk or milk products are transferred
 1471  directly from one milk tank truck to another.
 1472         (25)“Ultra-pasteurization” means thermally processing a
 1473  milk or milk product at or above 280 degrees Fahrenheit for at
 1474  least 2 seconds, before or after packaging, so as to produce a
 1475  milk or milk product that has an extended shelf life under
 1476  refrigerated conditions.
 1477         (26)(27) “Washing station” means any place, premises, or
 1478  establishment where milk tank trucks are cleaned and sanitized.
 1479         (27)“Wholesale” means the selling of goods in quantity to
 1480  be retailed by others.
 1481         Section 25. Paragraph (d) of subsection (1) of section
 1482  502.013, Florida Statutes, is amended to read:
 1483         502.013 Purpose; intent.—
 1484         (1) PURPOSE.—The purpose of this chapter is to:
 1485         (d) Ensure the normal flow of fresh wholesome milk and milk
 1486  products from the farmer to the consumer by uniform regulation
 1487  of the shelf life of milk and milk products in this state.
 1488         Section 26. Paragraph (a) of subsection (2) of section
 1489  502.014, Florida Statutes, is amended to read:
 1490         502.014 Powers and duties.—
 1491         (2)(a) The department shall permit, conduct onsite
 1492  inspections of, and collect samples for testing from all
 1493  facilities engaged in the production, processing, holding, or
 1494  transfer of milk and milk products dairy farms, milk plants, and
 1495  frozen dessert plants and collect test samples of milk, milk
 1496  products, and frozen desserts as required by this chapter.
 1497         Section 27. Section 502.042, Florida Statutes, is amended
 1498  to read:
 1499         502.042 Labeling of shelf life.—To ensure consumers full
 1500  disclosure of the date beyond which milk or milk products may no
 1501  longer be offered for sale, all dairy processors must shall
 1502  establish, and legibly label as prescribed by rule of the
 1503  department, the maximum shelf-life period during which milk and
 1504  milk products may be offered for sale. For purposes of this
 1505  requirement, the term to “legibly label” means to label the
 1506  package or container with conspicuous and easily readable
 1507  boldfaced print or type in distinct contrast to the background,
 1508  by color. The department shall periodically conduct shelf-life
 1509  studies to review the keeping quality of milk and milk products
 1510  and shall sample periodically the products of the dairy
 1511  processors to determine if the shelf-life dating used by the
 1512  processors complies with the minimum standards of quality.
 1513         Section 28. Paragraphs (a) and (b) of subsection (1),
 1514  paragraph (d) of subsection (3), and paragraph (c) of subsection
 1515  (4) of section 502.053, Florida Statutes, are amended to read:
 1516         502.053 Permits and fees; requirements; exemptions;
 1517  temporary permits.—
 1518         (1) PERMITS.—
 1519         (a) Each facility subject to this chapter operating Grade
 1520  “A” milk plant, whether located in the state or outside the
 1521  state, and each manufacturing milk plant, milk producer, milk
 1522  hauler, milk hauling service, washing station operator, milk
 1523  plant operator, milk distributor, single-service-container
 1524  manufacturer, receiving station, and transfer station in this
 1525  the state must shall apply to the department for a permit to
 1526  operate. The application must shall be on forms developed by the
 1527  department.
 1528         (b) Each frozen dessert plant, whether located in the state
 1529  or outside the state, that manufactures frozen desserts or other
 1530  products defined in this chapter and offers these products
 1531  wholesale for sale in this state must apply to the department
 1532  for a permit to operate. The application must be submitted on a
 1533  form forms prescribed by the department. All frozen dessert
 1534  permits expire on June 30 of each year.
 1535         (3) REQUIREMENTS.—
 1536         (d) Each frozen dessert plant permitholder must report
 1537  monthly, quarterly, semiannually, or annually, as required by
 1538  the department, the number of gallons of frozen dessert or
 1539  frozen dessert mix sold or manufactured by the permitholder in
 1540  this state.
 1541         (4) EXEMPTIONS.—
 1542         (c)Frozen desserts retail establishments as defined in s.
 1543  502.012 are exempt from this chapter.
 1544         Section 29. Subsections (1) and (4) of section 502.181,
 1545  Florida Statutes, are amended to read:
 1546         502.181 Prohibited acts.—It is unlawful for any person in
 1547  this state to:
 1548         (1) Engage in the business of producing, hauling,
 1549  transferring, receiving, processing, packaging, or distributing
 1550  milk, milk products, or frozen desserts or operating a washing
 1551  station, manufacturing single-service containers, or
 1552  manufacturing imitation or substitute milk or milk products, or
 1553  testing for milkfat content, without first obtaining a permit or
 1554  license from the department.
 1555         (4) Repasteurize milk.
 1556         Section 30. Paragraph (b) of subsection (1) of section
 1557  502.231, Florida Statutes, is amended to read:
 1558         502.231 Penalty and injunction.—
 1559         (1) The department may enter an order imposing one or more
 1560  of the following penalties against any person who violates any
 1561  provision of this chapter:
 1562         (b) Imposition of an administrative fine:
 1563         1. In the Class II category pursuant to s. 570.971 for each
 1564  violation in the case of a frozen dessert licensee; or
 1565         2. Ten percent of the license fee or $100, whichever is
 1566  greater, for failure to report the information described in s.
 1567  502.053(3)(d); or
 1568         3. In the Class I category pursuant to s. 570.971 for each
 1569  occurrence for any other violation.
 1570  
 1571  When imposing a fine under this paragraph, the department must
 1572  consider the degree and extent of harm caused by the violation,
 1573  the cost of rectifying the damage, the benefit to the violator,
 1574  whether the violation was committed willfully, and the
 1575  violator’s compliance record.
 1576         Section 31. Section 502.301, Florida Statutes, is repealed.
 1577         Section 32. Subsection (10) is added to section 507.07,
 1578  Florida Statutes, to read:
 1579         507.07 Violations.—It is a violation of this chapter:
 1580         (10) To place a shipper’s goods in a self-service storage
 1581  unit or self-contained storage unit owned by anyone other than
 1582  the mover unless those goods are stored in the name of the
 1583  shipper and the shipper contracts directly with the owner of the
 1584  self-service storage unit or self-contained storage unit.
 1585         Section 33. Section 531.38, Florida Statutes, is amended to
 1586  read:
 1587         531.38 Systems of weights and measures.—The system of
 1588  weights and measures in customary use in the United States and
 1589  the metric system of weights and measures are jointly
 1590  recognized, and either one or both of these systems shall be
 1591  used for all commercial purposes in this state. The definitions
 1592  of basic units of weight and measure, the tables of weight and
 1593  measure, and weight and measure equivalents as published by the
 1594  National Institute of Standards and Technology and National
 1595  Conference on Weights and Measures are recognized and shall
 1596  govern weighing and measuring equipment and transactions in this
 1597  the state.
 1598         Section 34. Section 531.40, Florida Statutes, is amended to
 1599  read:
 1600         531.40 Technical requirements for commercial devices.—The
 1601  specifications, tolerances, and other technical requirements for
 1602  commercial weighing and measuring devices, as determined by
 1603  regulations adopted by the department, which regulations shall
 1604  afford the greatest degree of protection to the public, must
 1605  shall conform to those adopted by the National Institute of
 1606  Standards and Technology and National Conference on Weights and
 1607  Measures to the extent possible. The department, notwithstanding
 1608  the provisions of chapter 120, may shall have the power to adopt
 1609  by reference in a regulation or regulations adopted by it the
 1610  specifications, tolerances, and technical requirements approved
 1611  by the National Conference on Weights and Measures and published
 1612  in Handbook 44 of the National Institute of Standards and
 1613  Technology and National Conference on Weights and Measures. The
 1614  department may, from time to time, adopt such regulations as may
 1615  be necessary to conform the state standards to those of the
 1616  National Institute of Standards and Technology, which may be
 1617  adopted by reference to supplements to, or revisions of, the
 1618  National Institute of Standards and Technology and National
 1619  Conference on Weights and Measures, Handbook 44.
 1620         Section 35. Subsection (13) of section 531.41, Florida
 1621  Statutes, is amended to read:
 1622         531.41 Powers and duties of the department.—The department
 1623  shall:
 1624         (13) Weigh, measure, or inspect packaged commodities kept
 1625  or offered or exposed for sale, sold, or in the process of
 1626  delivery, to determine whether they contain the amounts
 1627  represented and whether they are kept or offered or exposed for
 1628  sale in accordance with this chapter or the rules adopted
 1629  pursuant thereto. In carrying out the provisions of this
 1630  subsection, the department may employ recognized sampling
 1631  procedures that are designated in the National Institute of
 1632  Standards and Technology and National Conference on Weights and
 1633  Measures Handbook 133, “Checking the Net Contents of Packaged
 1634  Goods.”
 1635  
 1636  The provisions of this chapter and rules adopted thereunder
 1637  notwithstanding, scales routinely used by providers of weight
 1638  control services shall not be considered commercial weights and
 1639  measures when used to determine human weight or to compute
 1640  charges or payments for services rendered by such providers on
 1641  the basis of said weight, measure, or count.
 1642         Section 36. Subsection (2) and paragraph (d) of subsection
 1643  (3) of section 559.935, Florida Statutes, are amended to read:
 1644         559.935 Exemptions.—
 1645         (2) Sections 559.928, 559.929, 559.9295, 559.931, and
 1646  559.932 do shall not apply to a seller:
 1647         (a) Sellers of travel directly issuing airline tickets if
 1648  the seller of travel has who have contracted with the Airlines
 1649  Reporting Corporation for the most recent consecutive 3 years or
 1650  more under the same ownership and control and if the seller of
 1651  travel does, who do not offer any other prearranged travel or
 1652  tourist-related services vacation certificates, and who annually
 1653  certify their business activities under s. 559.9285(1)(a).
 1654         (b) Sellers of travel offering vacation certificates who
 1655  have contracted with the Airlines Reporting Corporation for the
 1656  most recent consecutive 5 years or more under the same ownership
 1657  and control and who annually certify their business activities
 1658  under s. 559.9285(1)(a). This exemption does not apply to
 1659  sellers of travel certifying their business activities under s.
 1660  559.9285(1)(b) or (c).
 1661         (3) Sections 559.928, 559.929, 559.9295, 559.931, and
 1662  559.932 also do not apply to a seller of travel that is an
 1663  affiliate of an entity exempt pursuant to subsection (2) subject
 1664  to the following conditions:
 1665         (d) This subsection does not apply to:
 1666         1. An affiliate that independently qualifies for another
 1667  exemption under this section.
 1668         2. An affiliate that sells, or offers for sale, any
 1669  prearranged travel or tourist-related services other than
 1670  directly issuing airline tickets vacation certificates.
 1671         3. An affiliate that certifies its business activities
 1672  under s. 559.9285(1)(b) or (c).
 1673         Section 37. Section 570.161, Florida Statutes, is created
 1674  to read:
 1675         570.161 E-mail address of record.—
 1676         (1)The department may require an applicant or a licensee
 1677  to submit an active e-mail address, which has the same meaning
 1678  as electronic mail address as defined in s. 668.602, for the
 1679  purposes of receiving official communications and notices
 1680  required by law from the department. The applicant or licensee
 1681  must notify the department of any change to his or her e-mail
 1682  address.
 1683         (2)Except as required by s. 120.60, service by e-mail or
 1684  regular mail constitutes adequate and sufficient notice from the
 1685  department for official communications and notices required by
 1686  law.
 1687         (3)Notwithstanding any other provision of law, when an
 1688  official communication or notice required by law is served
 1689  through one of the methods provided in subsection (2) and the
 1690  department receives notification that the attempt at service
 1691  failed, the department may achieve service by publishing a
 1692  notice to the recipient on the department’s website or in the
 1693  Florida Administrative Register.
 1694         Section 38. Present subsections (7) through (42) of section
 1695  576.011, Florida Statutes, are redesignated as subsections (8)
 1696  through (43), respectively, a new subsection (7) is added to
 1697  that section, and present subsection (34) is amended, to read:
 1698         576.011 Definitions.—When used in this chapter, the term:
 1699         (7) “Controlled release fertilizer” means a slow release
 1700  fertilizer engineered to provide nutrients over time at a
 1701  predictable rate under specified conditions.
 1702         (35)(34) “Slow or controlled release fertilizer” means a
 1703  fertilizer in a form that releases, or converts to a plant
 1704  available form, plant nutrients at a slower rate relative to an
 1705  appropriate reference soluble product containing a plant
 1706  nutrient in a form which delays its availability for plant
 1707  uptake and use after application, or which extends its
 1708  availability to the plant significantly longer than a reference
 1709  “rapidly available nutrient fertilizer,” such as ammonium
 1710  nitrate or urea, ammonium phosphate, or potassium chloride.
 1711         Section 39. Subsection (8) of section 576.045, Florida
 1712  Statutes, is amended to read:
 1713         576.045 Nitrogen and phosphorus; findings and intent; fees;
 1714  purpose; best management practices; waiver of liability;
 1715  compliance; rules; exclusions; expiration.—
 1716         (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3),
 1717  (4), and (6) expire on December 31, 2032 2022. Subsections (5)
 1718  and (7) expire on December 31, 2027.
 1719         Section 40. Section 576.071, Florida Statutes, is amended
 1720  to read:
 1721         576.071 Commercial value.—The department shall adopt rules
 1722  to determine the commercial value used in assessing deficient
 1723  fertilizer penalties The commercial value used in assessing
 1724  penalties for any deficiency shall be determined by surveying
 1725  the fertilizer industry in the state using annualized plant
 1726  nutrient values contained in one or more generally recognized
 1727  journals.
 1728         Section 41. Present subsections (9) through (24) of section
 1729  580.031, Florida Statutes, are redesignated as subsections (10)
 1730  through (25), respectively, and a new subsection (9) is added to
 1731  that section, to read:
 1732         580.031 Definitions of words and terms.—As used in this
 1733  chapter, the term:
 1734         (9) “Dosage form animal product” means a feedstuff that
 1735  includes any product intended to affect the structure or
 1736  function of the animal’s body other than by providing nutrition
 1737  to the animal. The term includes oils, tinctures, capsules,
 1738  tablets, liquids, and chewables. The term does not include a
 1739  drug, a mineral or vitamin supplement, a product represented as
 1740  a primary meal for the intended animal species, any other
 1741  product intended as a treat, or a dental product providing
 1742  mechanical or abrasive action or both.
 1743  
 1744  Except as provided by law or rule, all terms used in connection
 1745  with commercial feed or feedstuff have the meanings ascribed to
 1746  them by the Association of American Feed Control Officials.
 1747         Section 42. Subsection (1) of section 580.051, Florida
 1748  Statutes, is amended to read:
 1749         580.051 Labels; requirements; penalty.—
 1750         (1) Any commercial feed or feedstuff distributed in this
 1751  state, except a customer-formula feed and feed distributed
 1752  through an integrated poultry operation or by a cooperative to
 1753  its members, must shall be accompanied by a legible label
 1754  bearing all information required by the federal Food and Drug
 1755  Administration and the following information:
 1756         (a) An accurate statement of the net weight.
 1757         (b) The name and principal address of the registrant.
 1758         (c) The brand name and product name, if any, under which
 1759  the commercial feed is distributed. The word “medicated” must
 1760  shall be incorporated as part of the brand or product name if
 1761  the commercial feed contains a drug.
 1762         1. The department may require feeding directions and
 1763  precautionary statements to be placed on the label for the safe
 1764  and effective use of medicated and other feed as deemed
 1765  necessary.
 1766         2. Labels on medicated feed must shall include all of the
 1767  following:
 1768         a. Any feeding directions prescribed by the department to
 1769  ensure safe usage.
 1770         b. The stated purpose of the medication contained in the
 1771  feed as stated in the claim statement.
 1772         c. The established name of each active drug ingredient.
 1773         d. The level of each drug used in the final mixture
 1774  expressed in metric units as well as the required avoirdupois.
 1775         (d) The date of manufacture or expiration date of
 1776  commercial feed sold at retail as the department may by rule
 1777  require.
 1778         (e) The guaranteed analysis stated in terms that advise the
 1779  consumer of the composition of the feed or feedstuff or support
 1780  claims made in the labeling. In all cases, the elements or
 1781  compounds listed in the analysis must be determinable by
 1782  laboratory methods approved by the department.
 1783         1. The guaranteed analysis, listing the minimum percentage
 1784  of crude protein, minimum percentage of crude fat, and maximum
 1785  percentage of crude fiber and, when more than 10 percent mineral
 1786  ingredients are present, the minimum or maximum percentages of
 1787  mineral elements or compounds as provided by rule.
 1788         2. Vitamin ingredients, when guaranteed, must shall be
 1789  shown in amounts and terms provided by rule. For mineral feed,
 1790  the list must shall include the following: maximum or minimum
 1791  percentages of calcium (Ca), phosphorus (P), salt (NaCl), iron
 1792  (Fe), copper (Cu), cobalt (Co), magnesium (Mg), manganese (Mn),
 1793  potassium (K), selenium (Se), zinc (Zn), and fluorine (F) if
 1794  ingredients used as sources of any of these constituents are
 1795  declared. All mixtures that contain mineral or vitamin
 1796  ingredients generally regarded as dietary factors essential for
 1797  the normal nutrition of animals and that are sold or represented
 1798  for the primary purpose of supplying these minerals or vitamins
 1799  as additions to rations in which these same mineral or vitamin
 1800  factors may be deficient must shall be classified as mineral or
 1801  vitamin supplements. Products sold solely as mineral or vitamin
 1802  supplements and guaranteed as specified in this section need not
 1803  show guarantees for protein, fat, and fiber.
 1804         3. Other nutritional substances or elements determinable by
 1805  laboratory methods may be guaranteed by permission of, or must
 1806  shall be guaranteed at the request of, the department as may be
 1807  provided by rule.
 1808         4.Products sold solely as a dosage form animal product and
 1809  guaranteed as specified in this section need not show a
 1810  guaranteed analysis.
 1811         (f) The common or usual name of each ingredient used in the
 1812  manufacture of the commercial feed; however, for all commercial
 1813  feed except horse feed, the department by rule may permit the
 1814  use of collective terms for a group of ingredients which perform
 1815  a similar nutritional function.
 1816         (g)A label on a dosage form animal product must comply
 1817  with paragraphs (a)-(d) and (f) and include all of the
 1818  following:
 1819         1.The amount of each active ingredient per serving.
 1820         2.The stated purpose of the product in supporting the
 1821  structure or function of the animal.
 1822         3.Precautionary statements and warnings required to ensure
 1823  the safe and effective use of the dosage form animal product.
 1824         4.Recommended dosage by animal weight.
 1825         5.The statement “Not for human consumption.”
 1826         Section 43. Subsections (3), (6), (7), (11), (12), and (13)
 1827  of section 581.217, Florida Statutes, are amended to read:
 1828         581.217 State hemp program.—
 1829         (3) DEFINITIONS.—As used in this section, the term:
 1830         (a) “Certifying agency” has the same meaning as in s.
 1831  578.011(8).
 1832         (b) “Contaminants unsafe for human consumption” includes,
 1833  but is not limited to, any microbe, fungus, yeast, mildew,
 1834  herbicide, pesticide, fungicide, residual solvent, metal, or
 1835  other contaminant found in any amount originating from hemp,
 1836  hemp extract, or a device intended to deliver hemp or hemp
 1837  extract, whether by ingestion or inhalation, which that exceeds
 1838  any of the accepted limitations as determined by rules adopted
 1839  by the Department of Health in accordance with s. 381.986, or
 1840  other limitation pursuant to the laws of this state, whichever
 1841  amount is less.
 1842         (b)(c) “Cultivate” means planting, watering, growing, or
 1843  harvesting hemp.
 1844         (c)“Device” means an apparatus that may be used to inhale
 1845  hemp or hemp extract.
 1846         (d) “Hemp” means the plant Cannabis sativa L. and any part
 1847  of that plant, including the seeds thereof, and all derivatives,
 1848  extracts, cannabinoids, isomers, acids, salts, and salts of
 1849  isomers thereof, whether growing or not, which that has a total
 1850  delta-9-tetrahydrocannabinol concentration that does not exceed
 1851  0.3 percent on a dry-weight basis.
 1852         (e) “Hemp extract” means a substance or compound intended
 1853  for ingestion, containing more than trace amounts of
 1854  cannabinoids that do not exceed 0.3 percent total delta-9
 1855  tetrahydrocannabinol on a wet weight basis cannabinoid, or for
 1856  inhalation, whether by device or other means, which is derived
 1857  from or contains hemp, and which does not contain other
 1858  controlled substances. The term includes snuff, chewing gum, and
 1859  smokeless products derived from or containing hemp, but does not
 1860  include cannabinoids that have been synthesized synthetic CBD or
 1861  seeds or seed-derived ingredients that are generally recognized
 1862  as safe by the United States Food and Drug Administration.
 1863         (f) “Independent testing laboratory” means a laboratory
 1864  that:
 1865         1. Does not have a direct or indirect interest in the
 1866  entity whose product is being tested;
 1867         2. Does not have a direct or indirect interest in a
 1868  facility that cultivates, processes, distributes, dispenses, or
 1869  sells hemp or hemp extract in the state or in another
 1870  jurisdiction or cultivates, processes, distributes, dispenses,
 1871  or sells marijuana, as defined in s. 381.986; and
 1872         3. Is accredited by a third-party accrediting body as a
 1873  competent testing laboratory pursuant to ISO/IEC 17025 of the
 1874  International Organization for Standardization.
 1875         (6) HEMP SEED.—A licensee may only use hemp seeds and
 1876  cultivars certified by a certifying agency or a university
 1877  conducting an industrial hemp pilot project pursuant to s.
 1878  1004.4473.
 1879         (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT.—
 1880         (a) Hemp extract may only be distributed and sold in this
 1881  the state if the product:
 1882         1. Has a certificate of analysis prepared by an independent
 1883  testing laboratory that states:
 1884         a. The hemp extract is the product of a batch tested by the
 1885  independent testing laboratory;
 1886         b. The batch contained a total delta-9-tetrahydrocannabinol
 1887  concentration that did not exceed 0.3 percent pursuant to the
 1888  testing of a random sample of the batch; and
 1889         c. The batch does not contain contaminants unsafe for human
 1890  consumption;.
 1891         d.The batch was processed in a facility holding a current
 1892  and valid permit issued by a human health or food safety
 1893  regulatory entity having authority over the facility; and
 1894         e.The batch was processed in a facility meeting the human
 1895  health or food safety sanitization requirements for the
 1896  inspecting jurisdiction. A facility must demonstrate that it has
 1897  met such requirements by verifying compliance through a report
 1898  issued by an inspecting jurisdiction having authority over human
 1899  health or food safety sanitization.
 1900         2. Is distributed or sold in a container that includes:
 1901         a. A scannable barcode or quick response code linked to the
 1902  certificate of analysis of the hemp extract batch by an
 1903  independent testing laboratory;
 1904         b. The batch number;
 1905         c. The Internet address of a website where batch
 1906  information may be obtained;
 1907         d. The expiration date; and
 1908         e. The number of milligrams of each marketed cannabinoid
 1909  per serving.
 1910         3.Is distributed or sold in a container that is:
 1911         a.Suitable to contain products for human consumption; and
 1912         b.Made from materials designed to minimize exposure to
 1913  light.
 1914         (b) A hemp extract product intended for human ingestion or
 1915  inhalation distributed or sold in this state is subject to the
 1916  requirements of in violation of this section shall be considered
 1917  adulterated or misbranded pursuant to chapter 500, chapter 502,
 1918  or chapter 580, whichever is applicable.
 1919         (c) A hemp extract product products that are intended for
 1920  ingestion or inhalation and contain hemp extract may not be sold
 1921  in this state to a person who is under 21 years of age.
 1922         (d)A hemp extract product may only be distributed or sold
 1923  in this state to a food establishment permitted in accordance
 1924  with chapter 500 or chapter 502, except that an individual may
 1925  purchase a hemp extract product for his or her personal
 1926  consumption.
 1927         (e)A hemp extract product must be maintained at a
 1928  temperature that will avoid degradation of any cannabinoids.
 1929         (10)(11) ENFORCEMENT.—
 1930         (a) The department shall enforce this section.
 1931         (b) Every state attorney, sheriff, police officer, and
 1932  other appropriate county or municipal officer shall enforce, or
 1933  assist any agent of the department in enforcing, this section
 1934  and rules adopted by the department.
 1935         (c) The department, or its agent, is authorized to enter
 1936  any public or private premises during regular business hours in
 1937  the performance of its duties relating to hemp cultivation.
 1938         (d) The department shall conduct random inspections, at
 1939  least annually, of each licensee to ensure that only certified
 1940  hemp seeds are being used and that hemp is being cultivated in
 1941  compliance with this section.
 1942         (11)(12) RULES.—The department shall adopt rules necessary
 1943  By August 1, 2019, the department, in consultation with the
 1944  Department of Health and the Department of Business and
 1945  Professional Regulation, shall initiate rulemaking to administer
 1946  the state hemp program. The rules must provide, at a minimum,
 1947  for:
 1948         (a) A procedure that uses post-decarboxylation or other
 1949  similarly reliable methods for testing the delta-9
 1950  tetrahydrocannabinol concentration of cultivated hemp.
 1951         (b) A procedure for the effective disposal of plants,
 1952  whether growing or not, that are cultivated in violation of this
 1953  section or department rules, and products derived from those
 1954  plants.
 1955         (12)(13) APPLICABILITY.—Notwithstanding any other law:
 1956         (a) This section does not authorize a licensee to violate
 1957  any federal or state law or regulation.
 1958         (b) This section does not apply to a pilot project
 1959  developed in accordance with 7 U.S.C. 5940 and s. 1004.4473.
 1960         (c) A licensee who negligently violates this section or
 1961  department rules is not subject to any criminal or civil
 1962  enforcement action by the state or a local government other than
 1963  the enforcement of violations of this section as authorized
 1964  under subsection (9) (10).
 1965         Section 44. Subsection (4) of section 586.045, Florida
 1966  Statutes, is amended to read:
 1967         586.045 Certificates of registration and inspection.—
 1968         (4) The department shall provide to each person subject to
 1969  this section written notice and renewal forms 30 60 days before
 1970  prior to the annual renewal date informing the person of the
 1971  certificate of registration renewal date and the application
 1972  fee.
 1973         Section 45. Part I of chapter 593, Florida Statutes,
 1974  consisting of ss. 593.101-593.117, Florida Statutes, is
 1975  repealed.
 1976         Section 46. Subsection (16) is added to section 595.404,
 1977  Florida Statutes, to read:
 1978         595.404 School food and other nutrition programs; powers
 1979  and duties of the department.—The department has the following
 1980  powers and duties:
 1981         (16) To adopt and implement an exemption waiver process by
 1982  rule, as required by federal regulations, for sponsors under the
 1983  programs implemented pursuant to this chapter, notwithstanding
 1984  ss. 120.542.
 1985         Section 47. Subsection (5) of section 597.004, Florida
 1986  Statutes, is amended to read:
 1987         597.004 Aquaculture certificate of registration.—
 1988         (5) CULTURE, POSSESSION, TRANSPORT, AND SALE OF AQUACULTURE
 1989  PRODUCTS.—
 1990         (a) Aquaculture products, except shellfish, snook, and any
 1991  fish of the genus Micropterus, excluding Micropterus salmoides
 1992  floridanus, and prohibited and conditional restricted freshwater
 1993  and marine species as identified in nonnative aquatic species by
 1994  rules of the Fish and Wildlife Conservation Commission, may be
 1995  sold by an aquaculture producer certified pursuant to this
 1996  section or by a dealer licensed pursuant to part VII of chapter
 1997  379 without restriction so long as the product origin can be
 1998  identified.
 1999         (b) Except as provided in paragraph (a), the culture,
 2000  possession, transport, and sale of aquaculture products is
 2001  exempt from all Florida Fish and Wildlife Conservation
 2002  Commission statutes and rules.
 2003         (c) Aquaculture shellfish must be sold and handled in
 2004  accordance with s. 597.020.
 2005         Section 48. Subsection (2) of section 570.321, Florida
 2006  Statutes, is amended to read:
 2007         570.321 Plant Industry Trust Fund.—
 2008         (2) Funds to be credited to and uses of the trust fund must
 2009  shall be administered in accordance with ss. 581.031, 581.141,
 2010  581.211, 581.212, 586.045, 586.15, and 586.16, 593.114, and
 2011  593.117.
 2012         Section 49. For the purpose of incorporating the amendment
 2013  made by this act to section 500.03, Florida Statutes, in a
 2014  reference thereto, paragraph (a) of subsection (4) of section
 2015  373.016, Florida Statutes, is reenacted to read:
 2016         373.016 Declaration of policy.—
 2017         (4)(a) Because water constitutes a public resource
 2018  benefiting the entire state, it is the policy of the Legislature
 2019  that the waters in the state be managed on a state and regional
 2020  basis. Consistent with this directive, the Legislature
 2021  recognizes the need to allocate water throughout the state so as
 2022  to meet all reasonable-beneficial uses. However, the Legislature
 2023  acknowledges that such allocations have in the past adversely
 2024  affected the water resources of certain areas in this state. To
 2025  protect such water resources and to meet the current and future
 2026  needs of those areas with abundant water, the Legislature
 2027  directs the department and the water management districts to
 2028  encourage the use of water from sources nearest the area of use
 2029  or application whenever practicable. Such sources shall include
 2030  all naturally occurring water sources and all alternative water
 2031  sources, including, but not limited to, desalination,
 2032  conservation, reuse of nonpotable reclaimed water and
 2033  stormwater, and aquifer storage and recovery. Reuse of potable
 2034  reclaimed water and stormwater shall not be subject to the
 2035  evaluation described in s. 373.223(3)(a)-(g). However, this
 2036  directive to encourage the use of water, whenever practicable,
 2037  from sources nearest the area of use or application shall not
 2038  apply to the transport and direct and indirect use of water
 2039  within the area encompassed by the Central and Southern Florida
 2040  Flood Control Project, nor shall it apply anywhere in the state
 2041  to the transport and use of water supplied exclusively for
 2042  bottled water as defined in s. 500.03(1)(d), nor shall it apply
 2043  to the transport and use of reclaimed water for electrical power
 2044  production by an electric utility as defined in s. 366.02(2).
 2045         Section 50. For the purpose of incorporating the amendment
 2046  made by this act to section 500.03, Florida Statutes, in a
 2047  reference thereto, subsection (3) of section 373.223, Florida
 2048  Statutes, is reenacted to read:
 2049         373.223 Conditions for a permit.—
 2050         (3) Except for the transport and use of water supplied by
 2051  the Central and Southern Florida Flood Control Project, and
 2052  anywhere in the state when the transport and use of water is
 2053  supplied exclusively for bottled water as defined in s.
 2054  500.03(1)(d), any water use permit applications pending as of
 2055  April 1, 1998, with the Northwest Florida Water Management
 2056  District and self-suppliers of water for which the proposed
 2057  water source and area of use or application are located on
 2058  contiguous private properties, when evaluating whether a
 2059  potential transport and use of ground or surface water across
 2060  county boundaries is consistent with the public interest,
 2061  pursuant to paragraph (1)(c), the governing board or department
 2062  shall consider:
 2063         (a) The proximity of the proposed water source to the area
 2064  of use or application.
 2065         (b) All impoundments, streams, groundwater sources, or
 2066  watercourses that are geographically closer to the area of use
 2067  or application than the proposed source, and that are
 2068  technically and economically feasible for the proposed transport
 2069  and use.
 2070         (c) All economically and technically feasible alternatives
 2071  to the proposed source, including, but not limited to,
 2072  desalination, conservation, reuse of nonpotable reclaimed water
 2073  and stormwater, and aquifer storage and recovery.
 2074         (d) The potential environmental impacts that may result
 2075  from the transport and use of water from the proposed source,
 2076  and the potential environmental impacts that may result from use
 2077  of the other water sources identified in paragraphs (b) and (c).
 2078         (e) Whether existing and reasonably anticipated sources of
 2079  water and conservation efforts are adequate to supply water for
 2080  existing legal uses and reasonably anticipated future needs of
 2081  the water supply planning region in which the proposed water
 2082  source is located.
 2083         (f) Consultations with local governments affected by the
 2084  proposed transport and use.
 2085         (g) The value of the existing capital investment in water
 2086  related infrastructure made by the applicant.
 2087  
 2088  Where districtwide water supply assessments and regional water
 2089  supply plans have been prepared pursuant to ss. 373.036 and
 2090  373.709, the governing board or the department shall use the
 2091  applicable plans and assessments as the basis for its
 2092  consideration of the applicable factors in this subsection.
 2093         Section 51. For the purpose of incorporating the amendment
 2094  made by this act to section 500.03, Florida Statutes, in a
 2095  reference thereto, paragraph (a) of subsection (2) of section
 2096  373.701, Florida Statutes, is reenacted to read:
 2097         373.701 Declaration of policy.—It is declared to be the
 2098  policy of the Legislature:
 2099         (2)(a) Because water constitutes a public resource
 2100  benefiting the entire state, it is the policy of the Legislature
 2101  that the waters in the state be managed on a state and regional
 2102  basis. Consistent with this directive, the Legislature
 2103  recognizes the need to allocate water throughout the state so as
 2104  to meet all reasonable-beneficial uses. However, the Legislature
 2105  acknowledges that such allocations have in the past adversely
 2106  affected the water resources of certain areas in this state. To
 2107  protect such water resources and to meet the current and future
 2108  needs of those areas with abundant water, the Legislature
 2109  directs the department and the water management districts to
 2110  encourage the use of water from sources nearest the area of use
 2111  or application whenever practicable. Such sources shall include
 2112  all naturally occurring water sources and all alternative water
 2113  sources, including, but not limited to, desalination,
 2114  conservation, reuse of nonpotable reclaimed water and
 2115  stormwater, and aquifer storage and recovery. Reuse of potable
 2116  reclaimed water and stormwater shall not be subject to the
 2117  evaluation described in s. 373.223(3)(a)-(g). However, this
 2118  directive to encourage the use of water, whenever practicable,
 2119  from sources nearest the area of use or application shall not
 2120  apply to the transport and direct and indirect use of water
 2121  within the area encompassed by the Central and Southern Florida
 2122  Flood Control Project, nor shall it apply anywhere in the state
 2123  to the transport and use of water supplied exclusively for
 2124  bottled water as defined in s. 500.03(1)(d), nor shall it apply
 2125  to the transport and use of reclaimed water for electrical power
 2126  production by an electric utility as defined in s. 366.02(2).
 2127         Section 52. For the purpose of incorporating the amendment
 2128  made by this act to section 559.935, Florida Statutes, in a
 2129  reference thereto, subsection (2) of section 559.927, Florida
 2130  Statutes, is reenacted to read:
 2131         559.927 Definitions.—For the purposes of this part, the
 2132  term:
 2133         (2) “Certifying party” means a seller of travel registering
 2134  under s. 559.928 or a seller of travel who is exempt under s.
 2135  559.935(2) or (3).
 2136         Section 53. For the purpose of incorporating the amendment
 2137  made by this act to section 559.935, Florida Statutes, in
 2138  references thereto, subsections (1) and (2) of section 559.9335,
 2139  Florida Statutes, are reenacted to read:
 2140         559.9335 Violations.—It is a violation of this part for any
 2141  seller of travel, independent agent, assignee, or other person:
 2142         (1) To conduct business as a seller of travel without
 2143  registering annually with the department unless exempt pursuant
 2144  to s. 559.935.
 2145         (2) To conduct business as a seller of travel without an
 2146  annual purchase of a performance bond in the amount set by the
 2147  department unless exempt pursuant to s. 559.935.
 2148         Section 54. For the purpose of incorporating the amendment
 2149  made by this act to section 559.935, Florida Statutes, in a
 2150  reference thereto, paragraph (f) of subsection (1) of section
 2151  559.9355, Florida Statutes, is reenacted to read:
 2152         559.9355 Administrative remedies; penalties.—
 2153         (1) The department may enter an order doing one or more of
 2154  the following if the department finds that a person has violated
 2155  or is operating in violation of this part or the rules or orders
 2156  issued thereunder:
 2157         (f) Canceling an exemption granted under s. 559.935.
 2158         Section 55. Except as otherwise expressly provided in this
 2159  act, this act shall take effect July 1, 2022.

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