F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1289 2022
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;
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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.;
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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
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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.;
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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; amend ing
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
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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
143 subsection (2) of section 377.601, Florida Statutes, are
144 redesignated as paragraphs (i) through (l), respectively, and a
145 new paragraph (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.
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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 ,
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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
182 programs of state government, including, but not limited to, the
183 programs provided in this section. To this end, the department
184 shall:
185 1. Provide assistance to other state agencies, counties,
186 municipalities, and regional planning agencies to further and
187 promote their energy planning activities.
188 2. Require, in cooperation with the Department of
189 Management Services, all state agencies to operate state -owned
190 and state-leased buildings in accordance with energy
191 conservation standards as adopted by the Department of
192 Management Services. Every 3 months, the Department of
193 Management Services shall furnish the department data on
194 agencies' energy consumption and emissions of greenhouse gases
195 in a format prescribed by the department.
196 3. Promote the development and use of renewable energy
197 resources, energy efficiency technologies, and conservation
198 measures, renewable energy, alternative fuels, and alternative
199 vehicle technologies.
200 4. Promote the recovery of energy from wastes, including,
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201 but not limited to, the use of waste heat, the use of
202 agricultural products as a source of energy, and recycling of
203 manufactured products. Such promotion must shall be conducted in
204 conjunction with, and after consultation with, the Department of
205 Environmental Protection and the Florida Public Service
206 Commission where electrical generation or natural gas is
207 involved, and any other relevant federal, state, or local
208 governmental agency having responsibility for resource recovery
209 progr