The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 1084
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Agriculture, Environment, and
General Government; and Senator Collins
SUBJECT: Department of Agriculture and Consumer Services
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Burse Becker AG Favorable
2. Blizzard Betta AEG Fav/CS
3. Burse Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1084 makes a number of changes to various regulatory activities of the Department of
Agriculture and Consumer Services (department). Specifically, the bill:
 Preempts the regulation of electric vehicle charging stations to the state and prohibits local
governmental entities from enacting or enforcing such regulations.
 Provides an expiration date of the pest control operator’s certificate and amends requirements
for its renewal.
 Prohibits applicants from swearing or affirming a false statement on an application for a pest
control license, prohibits cheating on an examination required for licensure, and grants the
department rulemaking authority to establish penalties for violations.
 Authorizes a Class “K” instructor to allow a Class “G” licensee to qualify for up to two
calibers of firearms in a four hour firearm requalification class.
 Authorizes the department to appoint a tax collector to accept new, renewal, and replacement
license applications on behalf of the department for licenses issued under ch. 493, F.S.
 Authorizes a tax collector appointed under s. 790.0625, F.S., to collect certain fees and
provide certain services for concealed weapon or firearm licenses on behalf of the
department.
 Revises certain information that charitable organizations, sponsors, professional fundraising
consultants, and professional solicitors must provide to the department to include street
addresses.
BILL: CS/CS/SB 1084 Page 2
 Eliminates the requirement for the name and street address of each institution where banking
or similar monetary transactions are done by the charitable organization or sponsor, on
registration statements.
 Amends the contribution-based registration fee thresholds to remove an option related to
contributions raised by non-compensated volunteers, members, officers, or permanent
employees under $50,000 in the previous year.
 Amends the charitable organizations’ exemption from registration thresholds to refer to total
contributions.
 Revises the information that must be displayed on certain collection receptacles to include
street addresses.
 Provides that a person who solicits funds within a public transportation facility must obtain a
written permit that includes street addresses and must be displayed prominently on the
person’s badge or insignia.
 Prohibits and creates penalties for the manufacture for sale, sale, hold or offer for sale, or
distribution of cultivated meat in this state and provides it is a violation to knowingly violate
this section.
 Repeals the provision that requires the Weights and Measures Act from expiring on July 1,
2025.
 Revises the information that must be provided to the department on a motor vehicle repair
shop registration application and provides that the registration fee must be calculated for
each location.
 Increases the threshold value of repair work which requires motor vehicle repair shops to
provide a customer with a written repair estimate from $100 to $150.
 Increases the department’s statutory authority to repair or build structures from $250,000 to
$500,000.
 Changes the name of the Florida Agriculture Museum to the Florida Agriculture Legacy
Learning Center, and makes conforming changes.
 Prohibits the willful destroying, harvesting, or selling of saw palmetto berries on private or
public land without the written permission of the landowner, provides penalties for
violations, and grants rulemaking authority to the department.
 Revises the definition of “hemp extract” to mean hemp containing more than trace amounts
of a cannabinoid which is intended for ingestion or for inhalation but which does not contain
controlled substances.
 Provides criminal penalties for trespassing on land classified as commercial agricultural
property.
 Provides that a student’s participation in a 4-H or Future Farmers of America (FFA) activity
is an excused absence from school.
The bill has an indeterminate fiscal impact on state revenues and expenditures. See Section V.,
Fiscal Impact Statement.
Unless otherwise provided, the effective date of the bill is July 1, 2024.
BILL: CS/CS/SB 1084 Page 3
II. Present Situation:
The present situation for each issue is described below in Section III, Effect of Proposed
Changes.
III. Effect of Proposed Changes:
Electric Vehicles
Present Situation
Electric Vehicle Charging Stations
Consumers and fleets considering electric vehicles (EVs), including all-electric vehicles and
plug-in hybrid electric vehicles (PHEVs), need access to charging equipment. For most drivers,
this starts with charging at home or at fleet facilities. Charging stations at workplaces, public
destinations, and along highways offer more flexible charging opportunities at commonly visited
locations.1
EV charging equipment is classified based on the rate of charge:2
 Alternating Current (AC) Level 1 equipment provides charging through a common 120 volt
AC outlet. Most, if not all, EVs come with a portable Level 1 cord, so no additional charging
equipment is required. Level 1 chargers can take 40-50 hours to charge an all-electric vehicle
from empty and five to six hours to charge a PHEV from empty.3
 AC Level 2 equipment offers charging through 240 volt (in residential applications) or 208
volt charging. As of 2022, 80 percent of public EV charging ports in the country were Level
2.4 Level 2 chargers can charge an all-electric vehicle from empty in four to 10 hours and a
PHEV from empty in one to two hours.5
 Direct-current (DC) fast charging equipment enables rapid charging along heavy traffic
corridors at installed stations. As of 2022, more than 20 percent of public EV charging ports
in the country were DC fast chargers.6 DC fast charging equipment can charge an all-electric
vehicle to 80 percent in 20 minutes to one hour.7
Charging times vary depending on the depletion level of the battery, how much energy the
battery holds, the type of battery, temperature, and the type of supply equipment.
1
U.S. Dept. of Energy (DOE), Alternative Fuels Data Center, Developing Infrastructure to Charge Electric Vehicles,
https://afdc.energy.gov/fuels/electricity_infrastructure.html (last visited Jan. 17, 2024).
2
U.S. Environmental Protection Agency (EPA), Plug-in Electric Vehicle Charging, https://www.epa.gov/greenvehicles/plug-
electric-vehicle-charging-basics (last visited Jan. 17, 2024).
3
U.S. Dept. of Transportation (USDOT), Electric Vehicle Charging Speeds,
https://www.transportation.gov/rural/ev/toolkit/ev-basics/charging-speeds (last visited Jan. 17, 2024).
4
DOE, supra note 1.
5
DOT supra note 3.
6
DOE, supra note 1.
7
DOT, supra note 3.
BILL: CS/CS/SB 1084 Page 4
Currently, 44 of Florida’s 67 counties8 have 3,230 EV public charging stations offering a total of
8,981 charging ports. AC Level 2 charging ports comprise 6,793 of these ports, and DC fast
charging ports comprise 2,164 of these ports.9 Florida law requires the Department of
Agriculture and Consumer Services (department) to adopt rules to provide definitions, methods
of sale, labeling requirements, and price-posting requirements for EV charging stations to
provide consistency for consumers and the industry. 10
Preemption
The State Constitution grants local county and municipal governments broad home rule
authority. Specifically, non-charter county governments may exercise those powers of self-
government that are proved by general or special law.11 Those counties operating under a county
charter have all powers of self-government not inconsistent with general or with special law
approved by the vote of the electors.12 Likewise, municipalities13 have those governmental,
corporate, and proprietary powers enabling them to conduct municipal government, perform
their functions and provide services, and exercise any power for municipal purposes, except as
otherwise provided by law.14
There are two ways that a local government can be inconsistent with state law and therefore
unconstitutional. First, a local government cannot legislate in a field if the subject area has been
preempted to the state. Second, in a field where both the state and local government can legislate
concurrently, a local government cannot enact an ordinance that directly conflicts with the state
statute.15
State law recognizes two types of state preemption: express and implied. Express preemption
requires a specific legislative statement of intent to preempt a specific area of law; it cannot be
implied or inferred.16 In contrast, implied preemption exists if the legislative scheme is so
pervasive as to evidence an intent to preempt the particular area, and where strong public policy
reasons exist for finding such an area to be preempted by the Legislature.17 Courts determining
8
Florida Department of Agriculture and Consumer Services (FDACS), Transportation, Alternative Fueling Stations and
Electric Vehicle Charging Stations, https://www.fdacs.gov/Business-Services/Energy/Florida-Energy-
Clearinghouse/Transportation (last visited Jan. 17, 2024)
9
U.S. Dept. of Energy, Alternative Fuels Data Center (AFDC), Alternative Fueling Station Counts by State,
https://afdc.energy.gov/stations/states (last visited Jan. 17, 2024).
10
Section 366.94, F.S.
11
Art. VIII, s. 1(f), Fla. Const.
12
Art. VIII, s. 1(g), Fla. Const.
13
A municipality is a local government entity created to perform functions and provide services for the particular benefit of
the population within the municipality, in addition to those provided by the county. The term “municipality” may be used
interchangeably with the terms “town,”, “city,” and “village.”
14
Art. VIII, s. 2(b), Fla. Const.; see also section 166.021(1), F.S.
15
Orange County v. Singh, 268 So. 3d 668, 673 (Fla. 2019) (citing Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d
309, 314 (Fla. 2008)); see also James Wolf & Sarah Bolinder, The Effectiveness of Home Rule: A Preemptions and Conflict
Analysis, 83 Fla. Bar J. 92 (2009), https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-
preemption-and-conflict-analysis/ (last visited Jan. 17, 2024).
16
City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantam of Brevard, Inc., 3 So. 3d at 1018.
17
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
BILL: CS/CS/SB 1084 Page 5
the validity of local government ordinances enacted in the face of state preemption, whether
express or implied, have found such ordinances to be null and void.18
Effect of Proposed Changes
Section 1 amends s. 366.94, F.S., to preempt the regulation of EV charging stations to the state
and prohibits local governmental entities from enacting or enforcing such regulations.
Pest Control
Present Situation
Pest Control License
For structural pest control (pest control provided to homes or other structures), Florida law
requires that each pest control business location must:
 Be licensed by the Florida Department of Agriculture and Consumer Services (department);
 Carry the required insurance coverage ($250,000 per person and $500,000 per occurrence for
bodily injury, and $250,000 per occurrence and $500,000 in the aggregate for property
damage, or a combined single limit coverage of $500,000 in the aggregate); and
 Employ full-time a Florida-certified operator in charge of the pest control operations of the
business location. This operator must be certified in the categories in which the business
operates:
o General Household Pest and Rodent Control,
o Termite and Other Wood-Destroying Organisms Control,
o Lawn and Ornamental Pest Control, and/or
o Fumigation.19
The business license fee is $300, and the fee for each employee identification card is $10.20
A certified operator is an individual who has passed an examination administered by the
department in any of four certification categories:
 General Household and Rodent Control;
 Lawn and Ornamental Pest Control;
 Termite and Other Wood-Destroying Organisms Control; and
 Fumigation.21
A person can be certified in just one or all four categories.
18
See, e.g., National Rifle Association of America, Inc. v. City of South Miami, 812 So. 2d 504 (Fla. 3d DCA 2002)
(concluding that a City of South Miami local government ordinance, which purported to provide safety standards for
firearms, was null and void because the Legislature expressly preempted the entire field of firearm and ammunition
regulation when it enacted section 790.33, F.S.)
19
FDACS, Pest Control Licensing and Certification, available at, https://www.fdacs.gov/Business-Services/Pest-
Control/Licensing-and-Certification (last visited January 17, 2024).
20
Id.
21
FDACS, Pest Control FAQ, available at, https://www.fdacs.gov/Business-Services/Pest-Control/Pest-Control-FAQ (last
visited January 17, 2024).
BILL: CS/CS/SB 1084 Page 6
A company's pest control operations are the responsibility of the certified operator in charge and
the business operations are limited to the category (or categories) possessed by the certified
operator (or operators) in charge at the business location.22
Limited Certification Programs
The department also administers four Limited Certification Categories:
 Commercial landscape maintenance applicators;
 Governmental or private applicators;
 Commercial urban fertilizer applicators; and
 Commercial wildlife management.23
None of these certifications allows the operation of a commercial pest control business.
Effect of Proposed Changes
Section 2 amends s. 482.111, F.S., to provide an expiration date of the pest control operator’s
certificate and amends requirements for its renewal.
Section 3 amends s. 482.151, F.S., to provide an expiration date of the special identification card
for fumigation and amends requirements for its renewal.
Section 4 amends s. 482.155, F.S., to provide an expiration date of the limited certification for
governmental pesticide applicators or private applicators and amends requirements for its
renewal.
Section 5 amends s. 482.156, F.S., to authorize individual commercial landscape maintenance
personnel to apply herbicides in certain areas and to use certain pesticides. This section also sets
the expiration date of the limited certification for commercial landscape maintenance personnel
and amends requirements for its renewal.
Section 6 amends s. 482.157, F.S., to provide an expiration date of the limited certification for
commercial wildlife management personnel and amends requirements for its renewal.
Section 7 amends s. 482.161, F.S., to provide additional disciplinary grounds related to licensure
or licensure renewal applications.
Section 8 amends s. 482.191, F.S., to prohibit applicants from swearing or affirming a false
statement on an application. This section also prohibits cheating on an examination required for
licensure and grants the department rulemaking authority to establish penalties for violations.
22
Id.
23
FDACS, Pest Control Licensing and Certification, available at, https://www.fdacs.gov/Business-Services/Pe