HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1071 Department of Agriculture and Consumer Services
SPONSOR(S): Infrastructure Strategies Committee, Agriculture & Natural Resources Appropriations
Subcommittee, Alvarez and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1084
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 9 Y, 5 N Thompson Anstead
Subcommittee
2) Agriculture & Natural Resources Appropriations 9 Y, 3 N, As CS Byrd Pigott
Subcommittee
3) Infrastructure Strategies Committee 13 Y, 10 N, As CS Mamontoff Harrington
SUMMARY ANALYSIS
The bill contains modifications to several agricultural, consumer services, and licensure activities under the
jurisdiction of the Department of Agriculture and Consumer Services (DACS), as follows:
Preempts the regulation of electric vehicle charging stations to the state.
Allows pest control certificateholders flexibility in the types of chemicals and equipment they can use.
Reduces continuing education requirements for certain pest control certificateholders.
Requires certain pest control certificateholders to provide written documentation to the property owner
after each inspection or treatment for the presence or absence of wood-destroying organisms.
Prohibits certain pest control certificates from operating past the expiration date.
Makes it a violation, and authorizes DACS to take administrative action, for providing false information
or cheating on pest control or pesticide licensure examinations.
Allows a Class “G” statewide firearm licensee to qualify for up to two calibers of firearms in one 4-hour
firearm requalification class.
Allows DACS to appoint tax collectors to accept private security, private investigative, and recovery
services licenses, and to collect certain fees and provide certain services for concealed weapon or
firearm licenses.
Revises the information that charitable organizations are required to provide to DACS.
Prohibits and creates criminal and civil penalties for the manufacture for sale, sale, or distribution of
cultivated meat in the state.
Prohibits movers from placing a shipper's goods in a self-service storage unit owned by anyone other
than the mover.
Revises the information that must be provided to DACS on a motor vehicle repair shop registration
application, requires the registration fee to be calculated for each location, and raises the threshold
value of repair work which requires such shops to provide a customer with a written repair estimate.
Increases the authorized amount that DACS may spend to repair or build a structure.
Criminalizes the destroying, harvesting, or selling of saw palmetto berries.
Includes poultry in the definition of “livestock” as governed by the DACS Division of Animal Industry.
Reduces the number of trespassing signs required for lands classified as commercial agricultural
property, and increases criminal penalties for trespassing on such property with intent to commit a
crime.
The bill may have an indeterminate fiscal impact on state and local government and the private sector.
Unless otherwise provided, the effective date of the bill is July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
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 following rates 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 5-6 hours to charge a PHEV from empty.3
AC Level 2 equipment offers charging through 240 volt (in residential applications) or 208 volt
(in commercial applications) electrical service. As of 2022, 80 percent of public EV charging
ports in the country were Level 2.4 Level 2 chargers can take 4-10 hours to charge an all-
electric vehicle from empty and 1-2 hours to charge a PHEV from empty.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 1 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.
Florida’s EV Law
According to the U.S. Department of Energy, 44 of Florida’s 67 counties 8 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 governing EV charging stations (EV law) requires the Department of Agriculture and
Consumer Services (DACS) 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
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. 18, 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. 18, 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. 18, 2024).
4 DOE, supra note 1.
5 DOT, supra note 3.
6 DOE, supra note 1.
7 DOT, supra note 3.
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. 18, 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. 18, 2024).
10 S. 366.94, F.S.
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The EV law clarifies that the provision of EV charging to the public by a nonutility is not considered the
retail sale of electricity for the purposes of chapter 366, F.S., which governs public utilities. The rates,
terms, and conditions of EV charging services by a nonutility are not subject to regulation under that
chapter.11 As such, the process for the installation and provision of EV charging by a non-utility is not
subject to regulation by the Public Service Commission. 12
The EV law does not affect the ability of individuals, businesses, or governmental entities to acquire,
install, or use an EV charger for their own vehicles.13
The EV law makes it unlawful for a person to stop, stand, or park a vehicle that is not capable of using
an electrical recharging station within any parking space specifically designated for charging an EV.
Violations are a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18,
F.S.14
In addition, the Florida Department of Transportation (FDOT) is required to coordinate, develop and
recommend a Master Plan for the development of EV charging station infrastructure along the State
Highway System.15 FDOT’s EV Master Plan (EVMP) delivers a comprehensive course of action to
efficiently and effectively provide EV charging infrastructure; and serves as a guide for future
legislative, agency-level and public engagement efforts.16
Preemption
A local government enactment may be inconsistent with state law if:
The local enactment conflicts with state statutes; or
The Legislature has preempted the particular area of law that is the subject of the enactment.
Such state preemption precludes a local government from exercising authority in the preempted area. 17
Florida case law recognizes two types of state preemption: express and implied. Express preemption
requires an express legislative statement of intent to preempt a specific area of law; it cannot be
implied or inferred.18 Implied preemption, on the other hand, exists where 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. 19 Courts determining 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.20
Pest Control
Licensure
11 Id.
12 Florida Department of Transportation (FDOT), Florida’s Electric Vehicle Infrastructure Deployment Plan, August 2023,
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/emergingtechnologies/evprogram/2023_florida's -
evidp_update_092923.pdf?sfvrsn=1e4aee0_1 (last visited Feb. 16, 2024).
13 S. 366.94, F.S.
14 Id.
15 S. 339.287, F.S.
16 FDOT, EV Infrastructure Master Plan, July 2021, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/emergingtechnologies/evprogram/fdotevmp.pdf?sfvrsn=b5888a_2 (last visited Feb. 16, 2024).
17 Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009),
https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-ru le-a-p reemption-and-conflict-analysis/ (last visited
March 20, 2023).
18 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
19 Sarasota Alliance for Fair Elections, Inc. v. Browning , 28 So. 3d 880 (Fla. 2010).
20 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
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Chapter 482, F.S., the “Structural Pest Control Act,” (Pest Control Act) is the chapter of Florida law that
authorizes DACS to regulate pest control professionals. The Pest Control Act defines the term “pest
control” to include:21
The use of any method or device or the application of any substance to prevent, destroy, repel,
mitigate, curb, control, or eradicate any pest in, on, or under a structure, lawn, or ornamental;
The identification of or inspection for infestations or infections in, on, or under a structure, lawn,
or ornamental;
The use of any pesticide, economic poison, or mechanical device for preventing, controlling,
eradicating, identifying, inspecting for, mitigating, diminishing, or curtailing insects, vermin,
rodents, pest birds, bats, or other pests in, on, or under a structure, lawn, or ornamental;
All phases of fumigation, including:
o The treatment of products by vault fumigation; and
o The fumigation of boxcars, trucks, ships, airplanes, docks, warehouses, and common
carriers; and
The advertisement of, the solicitation of, or the acceptance of remuneration for any work
described in this subsection, but does not include the solicitation of a bid from a licensee to be
incorporated in an overall bid by an unlicensed primary contractor to supply services to another.
The Pest Control Act requires, in part, that each pest control business:
Be licensed by DACS;22
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);23 and
Pay the following licensing fees, established by DACS:24
o Initial fee of $300.
o Renewal fee of $75.
The Pest Control Act prohibits DACS from issuing or renewing a license to engage in the pest control
business unless the applicant’s pest control activities are under a certified operator or operators in
charge who are certified in the categories 25 of the licensee.26
Each employee who performs pest control for a licensee must have an identification card. 27
Pest Control Operator’s Certificate
The Pest Control Act requires DACS to issue a pest control operator’s certificate to each individual who
qualifies under the act. Before issuance of an original certificate, an individual must complete an
application for examination, pay the examination fee, and pass the examination. Before engaging in
pest control work, each certified operator must be certified.28
An individual who is issued a pest control operator’s certificate is required to apply to DACS for
certificate renewal annually, on or before an anniversary date set by DACS. Following the renewal
date, a certificateholder has a grace period of up to 30 calendar days before a late renewal charge of
$50 is assessed in addition to the renewal fee.29
21 S. 482.021(22), F.S.
22 S. 482.071(1) and (2), F.S.
23 S. 482.071(4), F.S.
24 S. 482.071(2)(b), F.S.
25 “Category” means a distinct branch or phase of pest control for which a pest control operator’s certificate may be issu ed such as:
fumigation, general household pest control; termites and other wood -destroying organisms pest control, lawn and ornamental pest
control, and such a combination or division of such branches of pest control as DACS may by rule establish. S. 482.021(3), F.S.
26 S. 482.071(2)(e), F.S.
27 See S. 482.091, F.S.
28 S. 482.111(1), F.S.
29 S. 482.111(3), F.S.
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If not timely renewed, a certificate automatically expires 180 calendar days after the anniversary
renewal date set by DACS. Subsequent to such expiration, a certificate may be reissued only upon
successful reexamination and payment of the required examination and issuance fees.30
Prior to the expiration date of a certificate, the certificateholder is required to:31
Complete 2 hours of approved continuing education on legislation, safety, pesticide labeling,
and integrated pest management and 2 hours of approved continuing education in each
category of her or his certificate; or
Pass an examination given by DACS.
Special Identification Card for Fumigation
The Pest Control Act requires individuals who perform fumigation to be a special identification
cardholder, unless the individual is already a certified operator in the category of fumigation. When
performing fumigation, the Pest Control Act authorizes a special identification cardholder to act only
under the direction and supervision of the certified operator in charge. 32
An individual that is issued a special identification card for fumigation is required to apply to DACS
annually for renewal on or before an anniversary date set by DACS. The annual renewal fee for a
special identification is $100.33 After a grace period of up to 30 calendar days following the renewal
date, DACS is required to assess a late renewal charge of $25, which must be paid in addition to the
renewal fee.
If not timely renewed, a special identification card automatically expires 180 calendar days after the
anniversary renewal date.34 Subsequent to such expiration, a special identification card may be
reissued only upon successful reexamination and payment of examination and issuance fees. 35
Prior to the expiration date of a special identification card, the cardholder is required to:36
Complete 2 hours of approved continuing education on legislation, safety, and pesticide labeling
and 2 hours of approved continuing education in the fumigation category; or
Pass an examination in fumigation given by DACS.
Limited Certification for Governmental Pesticide Applicators or Private Applicators