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 âraw agricultural commodities
   13         fumigationâ; 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 âsubstance abuse
   40         marketing service providerâ; 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         shipperâs 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 departmentâs website or in
   95         the Florida Administrative Register under certain
   96         circumstances; amending s. 576.011, F.S.; defining the
   97         term âcontrolled release fertilizerâ; redefining the
   98         term âslow or controlled release fertilizerâ; 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 âdosage form animal productâ;
  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 âcertifying
  135         party,â 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.âPresent 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         377.601âLegislative intent.â
  147         (2)âIt is the policy of the State of Florida to:
  148         (h)âPromote 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.âParagraphs (f), (k), and (n) of subsection (2)
  152  of section 377.703, Florida Statutes, are amended to read:
  153         377.703âAdditional functions of the Department of
  154  Agriculture and Consumer Services.â
  155         (2)âDUTIES.âThe department shall perform the following
  156  functions, unless as otherwise provided, consistent with the
  157  development of a state energy policy:
  158         (f)âThe 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  stateâs 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.âFormulation of specific recommendations for improvement
  169  in the efficiency of energy utilization in governmental,
  170  residential, commercial, industrial, and transportation sectors.
  171         2.âCollection and dissemination of information relating to
  172  energy efficiency and conservation, renewable energy,
  173  alternative fuels, and alternative vehicle technologies.
  174         3.âDevelopment 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.âAn 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)âThe 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.âProvide assistance to other state agencies, counties,
  185  municipalities, and regional planning agencies to further and
  186  promote their energy planning activities.
  187         2.âRequire, 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  agenciesâ energy consumption and emissions of greenhouse gases
  194  in a format prescribed by the department.
  195         3.âPromote 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.âPromote 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)âOn 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.âThe name of each taxpayer receiving an allocation under
  217  this section;
  218         2.âThe amount of credits allocated for that fiscal year for
  219  each taxpayer;
  220         3.âThe 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.âThe aggregate amount of credits allocated for all
  225  taxpayers claiming credits under this section for the fiscal
  226  year.
  227         Section 3.âSection 377.810, Florida Statutes, is repealed.
  228         Section 4.âPresent 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         487.021âDefinitions.âFor the purpose of this part:
  233         (57)ââRaw agricultural commodities fumigationâ 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.âSubsection (7) is added to section 487.0435,
  241  Florida Statutes, to read:
  242         487.0435âLicense classification.âThe 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)âThe use of a fumigant as a pesticide, solely in raw
  255  agricultural commodities fumigation.
  256         Section 6.âParagraphs (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         500.03âDefinitions; construction; applicability.â
  260         (1)âFor the purpose of this chapter, the term:
  261         (d)ââBottled waterâ 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)ââConvenience storeâ 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)ââFoodâ includes:
  274         1.âArticles used for food or drink for human consumption;
  275         2.âChewing gum;
  276         3.âArticles used for components of any such article;
  277         4.âArticles 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.âDietary supplements as defined in 21 U.S.C. s.
  284