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 1164
INTRODUCER: Fiscal Policy Committee, Appropriations Committee on Agriculture, Environment, and
General Government, and Senator Collins
SUBJECT: Department of Agriculture and Consumer Services
DATE: April 21, 2023 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 1164 addresses various issues related to agriculture and certain powers and duties of
the Department of Agriculture and Consumer Services (department). The bill:
 Creates specific tax exemptions and a Farm Tax Exempt Agricultural Materials (TEAM)
card for use by the farmer to claim sales tax exemptions.
 Requires state agencies, universities, and colleges to give preference to food commodities
grown or produced in the state in certain purchasing agreements.
 Authorizes the department to charge a prorated permit fee for food permits.
 Amends definitions, including but not limited to “milk,” “dairy farm,” “frozen dessert,”
“milk transport tank,” and “pasteurization.”
 Permits the department to collect samples for testing from all facilities engaged in the
production, processing, holding, or transfer of milk and milk products.
 Removes the prohibition of a person to test for milkfat content. It also removes the
prohibition for a person to repasteurize milk.
 Decreases the timeline for when the department shall provide written notice and renewal
forms from 60 to 30 days.
 Grants the department the authority to regulate the development of aquaculture.
 Eliminates certain rules related to the aquaculture certificate of registration.
 Increases the estimated value threshold for the appraisal of specified conservation
easement acquisitions.
BILL: CS/CS/SB 1164 Page 2
 Revises the composition of the Aquaculture Review Council.
 Revises the composition of the Viticulture Advisory Council.
 Eliminates certain agricultural advisory councils.
 Provides appropriation to the Department of Revenue to implement farm TEAM card.
 Authorizes a non-law enforcement employee of the department, for all lawful purposes
within the department’s authority, to use drones.
The bill will have an indeterminate impact on state revenue. See Section V. Fiscal Impact
Statement. The bill will also cost the Department of Revenue $143,104, in nonrecurring funds,
for the 2023-2024 fiscal year to implement the Florida farm TEAM card.
II. Present Situation:
Farm Tax Exempt Agricultural Materials
Florida law allows for certain farm or irrigation equipment which are used exclusively on a farm
or in a forest in the agricultural production of crops or products produced by those agricultural
industries included in s. 570.02(1), F.S. or for fire prevention and suppression work with respect
to such crops or products to be exempt from sales tax.1 In order to be tax exempt the purchaser,
renter, or lessee signs a certificate stating that the farm equipment is to be used exclusively as
required by law.2 The purchaser must submit the exemption certificate to Department of
Revenue.3
Georgia Agriculture Tax Exemption (GATE)
The Georgia Agriculture Tax Exemption (GATE) is a program created through legislation,
which offers qualified agriculture producers a sales tax exemption on agricultural equipment and
production inputs. Qualified farmers and agricultural producers can apply to receive a certificate
showing that they are eligible for this exemption4. Wallet-sized plastic cards are issued to
cardholders and listed additional users. Cards are mailed annually to all active accounts in order
to signify the current year of eligibility5.
As of the 2019 production year, cards will be issued for a three-year term. This will be
implemented through a three year phase-in process. All applications will be processed
electronically and will be charged a fee based on the expiration date of their card. A full three-
year exemption will cost $150.6
Florida Farm to You Program
1
Section 212.08(3)(a), F.S.
2
Section 212.08(3)(c), F.S.
3
Section 212.08, F.S.
4
See https://forms.agr.georgia.gov/gate/ (Last visited March 7, 2023).
5
See https://forms.agr.georgia.gov/GATE/downloads/2023-Program-Changes.pdf (Last visited March 7, 2023).
6
Id.
BILL: CS/CS/SB 1164 Page 3
In 2020, Florida Farm to You was created by the department as a tool to connect buyers directly
to farmers and producers of Florida-grown commodities. Buyers ranged from individuals seeking
locally grown products to food banks searching for fresh produce in their own communities to
serve families in need during the COVID-19 pandemic.7
Soon after the launch, the Florida Farm to You site was improved by adding an interactive,
searchable map, along with functionality to help agriculture producers find transportation for
their crops from field to market. Gradually, the short-term solution to a need during a pandemic
has transformed into a permanent, user-friendly resource to help bring buyers and producers
together.8
Division of Food Safety
The Division of Food Safety is directly responsible for assuring the public of a safe, wholesome
and properly represented food supply. They accomplish this through the permitting and
inspection of food establishments, inspection and evaluation of food products, and the
performance of specialized laboratory testing on a variety of food products sold and/or produced
in Florida.9
The division proactively monitors food from manufacturing and distribution to retail. They
administer and enforce the food and poultry and egg laws, support the enforcement of other food
safety laws, and investigate consumer complaints related to food.10
Dairy Industry Inspections
The department is charged with the regulation of all dairy facilities and related operations in the
state. The department provides oversight of all Grade “A” dairy farms, Grade “A” processing
plants, single service facilities, tanker washes, bulk milk haulers, manufactured milk processing
plants, dairy distribution facilities and wholesale frozen dessert and/or ice cream mix facilities.11
The Grade “A” dairy program is a cooperative program with the U.S. Food and Drug
Administration (FDA). The department and the FDA work together to ensure the safety of all
dairy products produced in Florida. To ensure the program is being administered in accordance
with FDA and the National Conference on Interstate Milk Shipments, FDA Regional Milk
Specialists conduct routine inspections and program evaluations to evaluate the effective
implementation of the Pasteurized Milk Ordinance, as adopted in Florida Administrative Code.12
Dairy Industry Technical Council
The Dairy Industry Technical Council is created within the department and shall be composed of
seven members, including:
7
See https://floridafarm.wpengine.com/?page_id=8 (Last visited March 7, 2023).
8
Id.
9
See https://www.fdacs.gov/Divisions-Offices/Food-Safety (Last visited March 7, 2023).
10
Id.
11
See https://www.fdacs.gov/Business-Services/Food/Dairy-Industry-Inspections (Last visited March 7, 2023).
12
Id.
BILL: CS/CS/SB 1164 Page 4
 Two citizens of the state, one of whom shall be associated with the Agricultural
Extension Service of the University of Florida and the other with the College of
Agricultural and Life Sciences of the University of Florida.
 An employee of the Department of Health.
 Two dairy farmers who are actively engaged in the production of milk in this state and
who earn a major portion of their income from the production of milk.
 Two distributors of milk. “Distributor” means a milk dealer who operates a milk
gathering station or processing plant where milk is collected and bottled or otherwise
processed and prepared for sale.13
The meetings, powers and duties, procedures, and recordkeeping of
the Dairy Industry Technical Council shall be pursuant to s. 570.232, F.S.14
State Agricultural Advisory Council
The State Agricultural Advisory Council was created within the department and is composed of
33 members, with an alternate for each member, to be appointed by the Commissioner of
Agriculture (commissioner)15. There is one at-large member and one member, each with an
alternate, that each represents 32 agricultural or trade interests.16 The meetings, powers and
duties, procedures, and recordkeeping of the State Agricultural Advisory Council are pursuant to
s. 570.232.17
Florida Young Farmer and Rancher Advisory Council
The Florida Young Farmer and Rancher Advisory Council was created within the department
and is composed of 12 members to be appointed by the commissioner.18 The council may submit
to the commissioner, annually, findings and recommendations for mitigating challenges facing
aspiring farmers and ranchers in the early stages of their careers. The council may examine
issues that include, but are not limited to, access to land, availability of credit and capital, and
access to business skills training.19
Industrial Hemp Advisory Council
The Industrial Hemp Advisory Council was established to provide advice and expertise to the
department with respect to plans, policies, and procedures applicable to the administration of the
state hemp program20. The council is composed 15 members including two members appointed
by the Governor, two members appointed by the President of the Senate, two members appointed
by the Speaker of the House of Representatives and others.21
13
Section 502.301, F.S.
14
Section 502.301, F.S.
15
Section 570.23, F.S.
16
Id.
17
Id.
18
Section 570.843, F.S.
19
Id.
20
Section 581.217(14), F.S.
21
Id.
BILL: CS/CS/SB 1164 Page 5
Animal Industry Technical Council
The Animal Industry Technical Council is created within the department and is composed of 14
members representing various areas in the animal industry, including beef cattle, swine, dairy,
horses, and meat processing and packing establishments.22 The meetings, powers and duties,
procedures, and recordkeeping of the Animal Industry Technical Council are pursuant to
s. 570.232.23
Fertilizer
When domestic wastewater is treated a solid byproduct accumulates, which is called biosolids or
is more commonly known as “sewage sludge.” This byproduct is high in organic content and
contains moderate amounts of nutrients that are needed by plants. These characteristics make
biosolids valuable as a soil conditioner and fertilizer.24
Properly treated biosolids may be used as a fertilizer supplement or soil amendment, subject to
regulatory requirements that have been established to protect public health and the environment.
These requirements include pollutant limits, treatment to destroy harmful microorganisms, and
management practices for land application sites. Biosolids may be used by application to land in
farming and ranching operations, forest lands, and public areas such as parks, or in land
reclamation projects such as restoration of mining properties. The highest quality of biosolids,
known in Florida as “Class AA,” are distributed and marketed like other commercial
fertilizers.2526
Lawn and garden fertilizers are typically manufactured with three primary nutrients: nitrogen
(N), phosphorus (P), and potassium (K), all of which are required for plant growth. However, if
applied in excess or at the wrong time, such as before a rainstorm, they may be transported to
ground or surface waters. These nutrients can cause problems when they reach waterways by
causing increased growth of harmful algae which can smother corals or block sunlight needed for
coral growth.27
Aquaculture Review Council
The Aquaculture Review Council (ARC) was created by Florida statute to provide a means of
communication between the aquaculture industry and the department. The council consists of
22
Section 585.008, F.S.
23
Id.
24
See https://floridadep.gov/water/domestic-wastewater/content/domestic-wastewater-biosolids (Last visited March 7, 2023).
25
See https://floridadep.gov/water/domestic-wastewater/content/domestic-wastewater-biosolids (Last visited March 7, 2023).
26
See Chapter 62-640, F.A.C.
27
See https://floridadep.gov/sites/default/files/LBSP_24_Fertilizer.pdf (Last visited March 7, 2023).
BILL: CS/CS/SB 1164 Page 6
eight members, the aquaculture representative on the State Agriculture Advisory Council and
seven additional members appointed by the commissioner.28
The ARC meets at least quarterly. It is the responsibility of the ARC to recommend rules and
policies governing the aquaculture industry to the commissioner. The ARC annually submits a
list of recommendations for short-term research projects designed to address research priorities
identified in the state aquaculture plan. It reviews and discusses problems that act as barriers to
the growth and development of aquaculture and has been key in the continued growth of the
aquaculture industry in Florida.29
Viticulture Advisory Council
The commissioner, in consultation with the Viticulture Advisory Council, develops and
coordinates the implementation of the State Viticulture Plan, which identifies problems and
constraints of the viticulture industry, proposes possible solutions to those problems, and
develops planning mechanisms for the orderly growth of the industry, including but not limited
to:
 Criteria for viticultural research, service, and management priorities;
 The potential for viticulture products in terms of market and needs for development;
 Evaluation of wine policy alternatives, including, but not limited to, continued
improvement in wine quality, blending considerations, promotion and advertising,
labeling and vineyard designations, and development of production and marketing
strategies;
 Research and service priorities for further development of the viticulture industry; and
 Business planning, investment potential, financial risks, and economics of production and
utilization.30
Aquaculture
The Florida Aquaculture Policy Act established that aquaculture is agriculture, and consolidated
state regulatory responsibilities under the department. Florida’s aquaculture industry produces
the greatest variety of aquatic species of any state in the nation. Moreover, aquaculture is
Florida’s most diverse agribusiness. The state’s subtropical climate, extensive marine and
freshwater resources, cargo shipping infrastructure, and extensive coastline have made the state’s
aquaculture industry uniquely diverse. There are approximately 1,000 certified aquaculture farms
in Florida, located in every region of the state, which produce an estimated 1,500 varieties of
fish, aquatic plants, mollusks, crustaceans, turtles, amphibians, and alligators for ornamental,
food and bait markets as well as for sporting, conservation, and educational purposes.3132
28
See https://www.fdacs.gov/About-Us/Advisory-Councils-and-Committees/Aquaculture-Review-Council (Last visited
March 7, 2023).
29
Id.
30
Section 599.003, F.S.
31
See https://www.fdacs.gov/content/download/91723/file/FDACS-P-02145-2020FLAquacultureIndustryOverview.pdf (last
visited March 7, 2023).
32
Ch. 597, F.S.
BILL: CS/CS/SB 1164 Page 7
Drones
Section 934.50, F.S., provides the guidelines for law enforcement