reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part II - Program Services (Ss. 570.30-570.693) › 570.693 - Florida agriculture in the classroom.

570.693 Florida agriculture in the classroom.—The Florida agriculture in the classroom program is hereby established within the department. The purpose of this program is to:
(1) Conduct programs and activities related to collecting and producing resources and materials for agricultural education enhancement programs.
(2) Establish local resource contracts to distribute teacher resources and materials.
(3) Identify methods to integrate resources and materials into the classroom and provide teacher training programs.
History.—s. 17, ch. 92-151; s. 104, ch. 2014-150.
Note.—Former s. 570.91.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.70 - Legislative findings.

570.70 Legislative findings.—The Legislature finds and declares that:
(1) A thriving rural economy with a strong agricultural base, healthy natural environment, and viable rural communities is an essential part of Florida. Rural areas also include the largest remaining intact ecosystems and best examples of remaining wildlife habitats as well as a majority of privately owned land targeted by local, state, and federal agencies for natural resource protection.
(2) The growth of Florida’s population can result in agricultural and rural lands being converted into residential or commercial development.
(3) The agricultural, rural, natural resource, and commodity values of rural lands are vital to the state’s economy, productivity, rural heritage, and quality of life.
(4) The Legislature further recognizes the need for enhancing the ability of rural landowners to obtain economic value from their property, protecting rural character, controlling urban sprawl, and providing necessary open space for agriculture and the natural environment, and the importance of maintaining and protecting Florida’s rural economy through innovative planning and development strategies in rural areas and the use of incentives that reward landowners for good stewardship of land and natural resources.
(5) The purpose of this act is to bring under public protection lands that serve to limit subdivision and conversion of agricultural and natural areas that provide economic, open space, water, and wildlife benefits by acquiring land or related interests in land such as perpetual, less-than-fee acquisitions, agricultural protection agreements, and resource conservation agreements and innovative planning and development strategies in rural areas.
History.—s. 62, ch. 2001-279.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.73 - Short title.

570.73 Short title.—This act may be cited as the “Agricultural Economic Development Act.”
History.—ss. 1, 10, ch. 91-268; s. 4, ch. 91-429; s. 74, ch. 2014-150.
Note.—Former s. 570.241.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.74 - Definitions relating to Agricultural Economic Development Act.

570.74 Definitions relating to Agricultural Economic Development Act.—For purposes of this act, the term:
(1) “Agriculturally depressed area” means a rural area that has declining profitability from agricultural enterprises and one or more of the following characteristics:
(a) A stable or declining population.
(b) A stable or declining real per capita income.
(c) A traditional economy based on agriculture or extraction of solid minerals.
(d) A low ad valorem tax base.
(e) A need for agribusiness and leadership training.
(f) Crop losses or economic depression resulting from a natural disaster or socioeconomic conditions or events that negatively impact a crop.
(2) “Assistance” means financial or nonfinancial assistance issued pursuant to this act.
(3) “Financial assistance” means the providing of funds to an agribusiness.
(4) “Nonfinancial assistance” means the providing of personnel to work with an agribusiness to establish an infrastructure, including, but not limited to, the development of an accounting system, management procedures, and a marketing plan. Nonfinancial assistance also includes the providing of equipment.
History.—ss. 2, 10, ch. 91-268; s. 4, ch. 91-429; s. 12, ch. 92-291; s. 24, ch. 2000-308; s. 75, ch. 2014-150.
Note.—Former s. 570.242.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.75 - Agricultural Economic Development Program; legislative intent.

570.75 Agricultural Economic Development Program; legislative intent.—There is created within the department the Agricultural Economic Development Program. The purpose of this program shall be to promote and coordinate efficient and beneficial agricultural economic development within agriculturally depressed areas of the state.
History.—ss. 3, 10, ch. 91-268; s. 4, ch. 91-429; s. 76, ch. 2014-150.
Note.—Former s. 570.243.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.76 - Department of Agriculture and Consumer Services; powers and duties.

570.76 Department of Agriculture and Consumer Services; powers and duties.—For the accomplishment of the purposes specified in this act, the department shall have all powers and duties necessary, including, but not limited to, the power and duty to:
(1) Identify and coordinate with all state agencies that can assist in agricultural economic development.
(2) Administer, with approval of the commissioner, agricultural economic development funds appropriated to the department.
(3) Identify, develop, and collect sources of funding for the initiation of agricultural economic development projects.
(4) Facilitate economic growth through the development of agribusinesses such as value-added processing plants and associated enterprises using raw products which are produced in the state.
(5) Accept, expend, and utilize any gift, grant of money, or property provided to the department.
(6) Provide assistance pursuant to appropriations for agricultural economic development approved by the Legislature.
(7) Establish procedures and circumstances for repayment of financial assistance by an assisted agribusiness.
(8) On or before November 1 of each year, submit an annual report to the chairs of the House of Representatives and Senate committees on agriculture. The annual report shall include, but not be limited to:
(a) A list of all projects that received assistance during the previous fiscal year, the needs each project was designed to address, the type of assistance provided, and the benefits derived from the assistance.
(b) The business plans of projects receiving assistance, including the proposed schedule for repayment of funds by assisted agribusinesses.
History.—ss. 4, 10, ch. 91-268; s. 4, ch. 91-429; s. 13, ch. 92-291; s. 893, ch. 97-103; s. 24, ch. 2001-279; s. 77, ch. 2014-150.
Note.—Former s. 570.244.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.77 - Interaction with other economic development agencies and groups.

570.77 Interaction with other economic development agencies and groups.—Because interagency and local community cooperation and sharing of available resources and expertise is crucial to the success of an agricultural economic development program, the department shall interact with federal and state agencies, commissions, boards, and advisory groups that have programs and interests in agricultural economic development.
History.—ss. 5, 10, ch. 91-268; s. 4, ch. 91-429; s. 78, ch. 2014-150.
Note.—Former s. 570.245.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.78 - Agricultural economic development funding.

570.78 Agricultural economic development funding.—Funds appropriated for the purposes specified in this act shall be used for the following:
(1) Employment of personnel and payment of associated overhead, equipment, and supply costs.
(2) Stimulating and assisting agribusiness entrepreneurship and new product development.
(3) Feasibility studies and consulting contracts for the development of agribusinesses and value-added processes.
(4) Issuance to approved agribusinesses, including any funds from private sources.
History.—ss. 6, 10, ch. 91-268; s. 4, ch. 91-429; s. 79, ch. 2014-150.
Note.—Former s. 570.246.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.79 - Adoption of rules.

570.79 Adoption of rules.—The department shall adopt rules pertaining to:
(1) Formal notification procedures for the availability of assistance, including publication in the Florida Administrative Register pursuant to s. 120.55.
(2) Written evaluation criteria for selecting project proposals to receive assistance. The criteria for eligibility of assistance shall include a written business plan delineating the economic viability of the proposed project, including the financial commitment by project participants and a schedule for repayment of agricultural economic development funds.
(3) Procedures for repayment of financial assistance by an assisted agribusiness into the General Inspection Trust Fund within the department. Repayment of financial assistance shall be based upon a percentage of future profits until repayment is complete.
(4) Funding procedures for projects eligible for assistance. These procedures shall include the amount of funding, the limits and requirements for the objects of expenditure, and the duration of assistance.
(5) Other subject matter pertaining to the implementation of this act.
History.—ss. 7, 10, ch. 91-268; s. 4, ch. 91-429; s. 51, ch. 2013-14; s. 80, ch. 2014-150.
Note.—Former s. 570.247.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.81 - Agricultural Economic Development Project Review Committee; powers and duties.

570.81 Agricultural Economic Development Project Review Committee; powers and duties.—
(1) There is created an Agricultural Economic Development Project Review Committee consisting of five members appointed by the commissioner. The members shall be appointed based upon the recommendations submitted by each entity represented on the committee and shall include:
(a) The commissioner or the commissioner’s designee.
(b) One representative from the Farm Credit Service.
(c) One representative from the Department of Commerce.
(d) One representative from the Florida Farm Bureau Federation.
(e) One agricultural economist from the Institute of Food and Agricultural Sciences or from Florida Agricultural and Mechanical University.
(2) The committee shall:
(a) Review each application for assistance that meets the basic program criteria.
(b) Make recommendations to the commissioner regarding all aspects of each eligible application, including the acceptance or rejection of each application.
(c) Prioritize the applications recommended for assistance.
(d) Forward all written comments and recommendations to the commissioner, which shall be included in the annual report of the department.
(3) If the commissioner does not accept the recommendations or priorities of the review committee, the annual report of the department shall include justification for any or all rejections.
History.—ss. 8, 10, ch. 91-268; s. 4, ch. 91-429; s. 14, ch. 92-291; s. 894, ch. 97-103; s. 25, ch. 2000-308; s. 81, ch. 2014-150; s. 138, ch. 2023-173.
Note.—Former s. 570.248.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.841 - Farm-to-fuel initiative.

570.841 Farm-to-fuel initiative.—
(1) The department may develop a farm-to-fuel initiative to enhance the market for and promote the production and distribution of renewable energy from Florida-grown crops, agricultural wastes and residues, and other biomass and to enhance the value of agricultural products or expand agribusiness in the state.
(2) The department may conduct a statewide comprehensive information and education program aimed at educating the general public about the benefits of renewable energy and the use of alternative fuels.
History.—s. 7, ch. 2006-289; s. 523, ch. 2011-142; s. 46, ch. 2011-206; s. 110, ch. 2014-150.
Note.—Former s. 570.954.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.844 - Florida Young Farmer and Rancher Resource Clearinghouse.

570.844 Florida Young Farmer and Rancher Resource Clearinghouse.—The department shall establish on its website a clearinghouse for resources available to young and beginning farmers and ranchers, including, but not limited to, local, state, federal, and private sources of grants, loans, and scholarships, as well as general resources on finance and business planning. The clearinghouse also must include resources available to beginning agricultural producers who are veterans as defined in s. 1.01.
History.—s. 2, ch. 2018-85.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.85 - Agritourism.

570.85 Agritourism.—
(1) It is the intent of the Legislature to promote agritourism as a way to support bona fide agricultural production by providing a stream of revenue and by educating the general public about the agricultural industry. It is also the intent of the Legislature to eliminate duplication of regulatory authority over agritourism as expressed in this section. Except as otherwise provided for in this section, and notwithstanding any other law, a local government may not adopt or enforce a local ordinance, regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an agritourism activity on land classified as agricultural land under s. 193.461. This subsection does not limit the powers and duties of a local government to address substantial offsite impacts of agritourism activities or an emergency as provided in chapter 252.
(2) The Department of Agriculture and Consumer Services may provide marketing advice, technical expertise, promotional support, and product development related to agritourism to assist the following in their agritourism initiatives: Florida Tourism Industry Marketing Corporation, convention and visitor bureaus, tourist development councils, economic development organizations, and local governments. In carrying out this responsibility, the department shall focus its agritourism efforts on rural and urban communities.
History.—s. 1, ch. 2007-244; s. 426, ch. 2011-142; s. 1, ch. 2013-179; s. 111, ch. 2014-150; s. 1, ch. 2016-14; s. 1, ch. 2022-77; s. 139, ch. 2023-173.
Note.—Former s. 570.96.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.86 - Definitions.

570.86 Definitions.—As used in ss. 570.85-570.89, the term:
(1) “Agritourism activity” means any agricultural related activity consistent with a bona fide farm, livestock operation, or ranch or in a working forest which allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions. An agritourism activity does not include the construction of new or additional structures or facilities intended primarily to house, shelter, transport, or otherwise accommodate members of the general public. An activity is an agritourism activity regardless of whether the participant paid to participate in the activity.
(2) “Agritourism operator” means a person who is engaged in the business of providing one or more agritourism activities, whether for compensation or not for compensation.
(3) “Farm” means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products, including land used to display plants, animals, farm products, or farm equipment to the public.
(4) “Farm operation” has the same meaning as in s. 823.14.
(5) “Inherent risks of agritourism activity” means those dangers or conditions that are an integral part of an agritourism activity including certain hazards, such as surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and the ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. The term also includes the potential of a participant to act in a negligent manner that may contribute to the injury of the participant or others, including failing to follow the instructions given by the agritourism operator or failing to exercise reasonable caution while engaging in the agritourism activity.
History.—s. 1, ch. 2007-244; s. 17, ch. 2012-83; s. 2, ch. 2013-179; s. 112, ch. 2014-150; s. 2, ch. 2016-14; s. 9, ch. 2021-7.
Note.—Former s. 570.961.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.87 - Agritourism participation impact on land classification.

570.87 Agritourism participation impact on land classification.—
(1) In order to promote and perpetuate agriculture throughout this state, farm operations are encouraged to engage in agritourism. An agricultural classification pursuant to s. 193.461 may not be denied or revoked solely due to the conduct of agritourism activity on a bona fide farm or the construction, alteration, or maintenance of a nonresidential farm building, structure, or facility on a bona fide farm which is used to conduct agritourism activities. So long as the building, structure, or facility is an integral part of the agricultural operation, the land it occupies shall be considered agricultural in nature. However, such buildings, structures, and facilities, and other improvements on the land, must be assessed under s. 193.011 at their just value and added to the agriculturally assessed value of the land.
(2) Local governments and agricultural representatives shall meet for the purpose of discussing the benefits of agritourism to local economies and opportunities for cooperation, conflict resolution, regulatory streamlining, and incentives.
History.—s. 1, ch. 2007-244; s. 113, ch. 2014-150; s. 3, ch. 2016-14; s. 2, ch. 2022-77.
Note.—Former s. 570.962.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.88 - Liability.

570.88 Liability.—
(1) Except as provided in subsection (2), an agritourism operator, his or her employer or employee, or the owner of the underlying land on which the agritourism occurs is not liable for injury or death of, or damage or loss to, a participant resulting from the inherent risks of agritourism activities if the notice of risk required under s. 570.89 is posted as required. Except as provided in subsection (2), a participant, or a participant’s representative, may not maintain an action against or recover from an agritourism operator, his or her employer or employee, or the owner of the underlying land on which the agritourism occurs for the injury or death of, or damage or loss to, an agritourism participant resulting exclusively from any of the inherent risks of agritourism activities.
(2) In the event of the injury or death of, or damage or loss to, an agritourism participant, subsection (1) does not prevent or limit the liability of an agritourism operator or his or her employer or employee or the owner of the underlying land on which the agritourism occurs if he or she:
(a) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant; or
(b) Intentionally injures the participant.
(3) The limitation on legal liability afforded by this section to an agritourism operator or his or her employer or employee or the owner of the underlying land on which the agritourism occurs is in addition to any limitations of legal liability otherwise provided by law.
History.—s. 3, ch. 2013-179; s. 114, ch. 2014-150.
Note.—Former s. 570.963.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part III - Agricultural Development (Ss. 570.70-570.89) › 570.89 - Posting and notification.

570.89 Posting and notification.—
(1)(a) Each agritourism operator shall post and maintain signs that contain the notice of inherent risk specified in subsection (2). A sign shall be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The notice of inherent risk must consist of a sign in black letters, with each letter a minimum of 1 inch in height, with sufficient color contrast to be clearly visible.
(b) Each written contract entered into by an agritourism operator for the provision of professional services, instruction, or the rental of equipment to a participant, regardless of whether the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly readable print the notice of inherent risk specified in subsection (2).
(2) The sign and contract required under subsection (1) must contain the following notice of inherent risk:
WARNING
Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity.
(3) Failure to comply with this section prevents an agritourism operator, his or her employer or employee, or the owner of the underlying land on which the agritourism occurs from invoking the privileges of immunity provided by this section.
History.—s. 4, ch. 2013-179; s. 130, ch. 2014-17; s. 115, ch. 2014-150.
Note.—Former s. 570.964.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part IV - Agricultural Water Policy (Ss. 570.916-570.94) › 570.916 - Water supply agreements; department negotiation.

570.916 Water supply agreements; department negotiation.—The Department of Agriculture and Consumer Services is authorized to negotiate agreements with landowners for water supply in rural areas, provided that:
(1) The water to be supplied is currently available to property owned or controlled by the department; and
(2) The intended use and quantity are not inconsistent with any permit required under part II of chapter 373 for the source of supply in effect at the time of the agreement.
History.—s. 37, ch. 2000-308; s. 65, ch. 2014-150.
Note.—Former s. 570.075.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part IV - Agricultural Water Policy (Ss. 570.916-570.94) › 570.921 - Environmental Stewardship Certification Program.

570.921 Environmental Stewardship Certification Program.—The department may establish the Environmental Stewardship Certification Program consistent with this section.
(1) The program must:
(a) Be integrated, to the maximum extent practicable, with programs that are sponsored by agricultural organizations or state universities.
(b) Be designed to recognize and promote agricultural operations or homeowner practices that demonstrate exemplary resource management that is related to environmental stewardship.
(c) Include a process to periodically review a certification to ensure compliance with the program requirements, including implementation by the certificateholder.
(d) Require periodic continuing education in relevant environmental stewardship issues in order to maintain certification.
(2) The department shall provide an agricultural certification under this program for implementation of one or more of the following criteria:
(a) A voluntary agreement between an agency and an agricultural producer for environmental improvement or water-resource protection.
(b) A conservation plan that meets or exceeds the requirements of the United States Department of Agriculture.
(c) Best management practices adopted pursuant to s. 403.067(7)(c) or s. 570.93(1)(b).
(3) The Soil and Water Conservation Council created by s. 582.06 may develop and recommend to the department for adoption additional criteria for receipt of an agricultural certification which may include, but not be limited to:
(a) Comprehensive management of all on-farm resources.
(b) Promotion of environmental awareness and responsible resource stewardship in agricultural or urban communities.
(c) Completion of a curriculum of study that is related to environmental issues and regulation.
(4) If needed, the department and the Institute of Food and Agricultural Sciences at the University of Florida may jointly develop a curriculum that provides instruction concerning environmental issues pertinent to agricultural certification and deliver such curriculum to, and certify its completion by, any person seeking certification or to maintain certification.
(5) The department may enter into agreements with third-party providers to administer or implement all or part of the program.
History.—s. 15, ch. 2005-210; s. 68, ch. 2006-1; s. 4, ch. 2013-177; s. 66, ch. 2014-150; s. 3, ch. 2016-9.
Note.—Former s. 570.076.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part IV - Agricultural Water Policy (Ss. 570.916-570.94) › 570.94 - Best management practices for wildlife.

570.94 Best management practices for wildlife.—The department and the Fish and Wildlife Conservation Commission recognize that agriculture provides a valuable benefit to the conservation and management of fish and wildlife in the state and agree to enter into a memorandum of agreement to develop and adopt by rule voluntary best management practices for the state’s agriculture industry which reflect the industry’s existing contribution to the conservation and management of freshwater aquatic life and wild animal life in the state.
(1) The department shall enter into a memorandum of agreement with the Fish and Wildlife Conservation Commission for the purpose of developing the best management practices pursuant to this section and applying such best management practices on agricultural lands within the state. The agreement may allow for selected pilot projects in order to better facilitate the development of the best management practices.
(2) The department may adopt rules establishing the best management practices pursuant to this section. The rules must include provisions for a notice of intent to implement the best management practices and a system to assure the implementation of the best management practices, including recordkeeping requirements.
(3) Notwithstanding any other provision of law, including s. 163.3162, the implementation of the best management practices pursuant to this section is voluntary and except as specifically provided under this section and s. 9, Art. IV of the State Constitution, an agency, department, district, or unit of local government may not adopt or enforce any ordinance, resolution, regulation, rule, or policy regarding the best management practices on land classified as agricultural land pursuant to s. 193.461.
History.—s. 10, ch. 2013-226; s. 68, ch. 2014-150.
Note.—Former s. 570.087.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part V - Penalties (S. 570.971) › 570.971 - Penalties; administrative and civil.

570.971 Penalties; administrative and civil.—
(1) The department or enforcing authority may impose the following fine amount for the class category specified in the chapter or section of law violated:
(a) Class I.—For each violation in the Class I category, a fine not to exceed $1,000 may be imposed.
(b) Class II.—For each violation in the Class II category, a fine not to exceed $5,000 may be imposed.
(c) Class III.—For each violation in the Class III category, a fine not to exceed $10,000 may be imposed.
(d) Class IV.—For each violation in the Class IV category, a fine of $10,000 or more may be imposed.
(2)(a) This section does not supersede a chapter or section of law or rule that limits the total fine amount that may be imposed for a violation.
(b) The class categories under this section also apply to penalties provided by rule.
(c) The penalties under this section are in addition to any other remedy provided by law.
(3) A person who violates this chapter or any rule adopted under this chapter is subject to an administrative or civil fine in the Class II category in addition to any other penalty provided by law.
(4) The department may refuse to issue or renew any license, permit, authorization, certificate, or registration to a person who has not satisfied a penalty imposed by the department.
(5) The department may adopt rules to implement this section or any section that references this section.
History.—s. 116, ch. 2014-150.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.01 - Short title.

571.01 Short title.—This part shall be known as the “Florida Seal of Quality Law.”
History.—s. 1, ch. 63-378; s. 6, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.02 - Purpose.

571.02 Purpose.—The purpose of this part is to authorize the Department of Agriculture and Consumer Services to adopt seals of quality to be used in advertising and promoting the sale of agricultural products produced in Florida and to provide controls in the use of such seals of quality.
History.—s. 1, ch. 63-378; ss. 14, 35, ch. 69-106; s. 7, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.03 - Definitions.

571.03 Definitions.—As used in this part:
(1) “Department” means the Department of Agriculture and Consumer Services.
(2) “Person” means an individual, firm, partnership, corporation, association, business, trust, legal representative, or any other business unit.
(3) “Seal of quality” means any word, device, emblem, or symbol adopted by the department for the purpose of identifying and promoting the sale of high-quality agricultural products produced in Florida.
(4) “Reproduce” means to stencil, emboss, print, engrave, impress, imprint, lithograph, or duplicate in any manner or to cause any such acts to be done.
(5) “Agricultural product” includes any fresh or processed horticultural, aquacultural, viticultural, dairy, poultry, apicultural, or other farm or garden product.
(6) “Use of seal of quality” means to imprint a seal of quality on any produce package or container or to attach a reproduction of any seal of quality to any Florida agricultural product package or container of same, or to cause any such acts to be done, for the purpose of identifying any such product in its preparation for market or in any of the various steps in marketing.
History.—s. 1, ch. 63-378; ss. 14, 35, ch. 69-106; s. 220, ch. 71-377; s. 6, ch. 87-367; s. 8, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.04 - Powers and duties of the department.

571.04 Powers and duties of the department.—The duty of enforcing and administering this part is vested in the department, and the department is authorized to employ all agents and persons necessary therefor.
(1) All fees collected under this part shall be paid into the State Treasury and placed to the credit of the General Inspection Trust Fund, from which fund there shall be paid the expenses incurred in the enforcement and administration of this part to include publicizing, advertising, and promoting seals of quality and the agricultural products with which such seals of quality are used. The department may accept contributions of money or services to aid in any advertising or promotion work undertaken by it under authority of this part.
(2) The department may register any seal of quality with the Department of State of Florida, United States Patent Office, appropriate offices of other states of the United States and of foreign countries.
(3) The department, through its authorized representatives, is authorized to:
(a) Enter upon the premises, place of business, or vehicle of any applicant or licensee during normal business hours and conditions for the purpose of determining by inspection and examination the sufficiency of bookkeeping systems, accuracy of records, the agricultural products with which the seal of quality is used, articles purporting to be seals of quality or reproductions of same, and for the purpose of determining whether any other provision of this part or any rule adopted hereunder is being violated.
(b) Issue hold orders to owners and custodians and affix copy of same to seal of quality or reproduction of same in the possession of a nonlicensee; any seal of quality or reproduction of same that is an imitation or counterfeit; any agricultural product with which an imitation or counterfeit seal is used; any agricultural product on which a seal of quality is used after failure to make reports and remittance of advertising and promotion fees provided in this part and rules adopted hereunder; any agricultural product with which a seal of quality is used unless said product is labeled to indicate it is packaged by a licensee or to any agricultural product or article with which a seal of quality is used in violation of this part or rules adopted hereunder. Such hold order shall name and describe the product or article to which attached and the amount and address of same, give notice that the product or article to which attached is or is suspected of being sold, offered for sale, or held for the purpose of sale in violation of law or of rules specified in said order and said hold order shall give warning to all persons not to remove or dispose of such product or article by sale or otherwise until permission is granted by the department or by order of court.
History.—s. 1, ch. 63-378; ss. 10, 14, 35, ch. 69-106; s. 9, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.05 - Rules.

571.05 Rules.—The department by rule may design, determine, and adopt seals of quality for use in publicizing, advertising, and promoting agricultural products; prescribe minimum standards of quality and grade of agricultural products with which a seal of quality may be used; name and define market packages of agricultural products; fix a reasonable and equitable advertising and promotion fee for such market package of agricultural products; and otherwise adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.
History.—s. 1, ch. 63-378; ss. 14, 35, ch. 69-106; s. 10, ch. 90-323; s. 188, ch. 98-200.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.06 - License; application, fee, and conditions.

571.06 License; application, fee, and conditions.—
(1) Application for license to reproduce or use a seal of quality shall be made to the department on application forms supplied by the department. Anyone making application and payment of license fee in the amount of $10 and meeting other qualifications required under this part and rules adopted hereunder shall be granted license for which applied. Such license shall be valid for 1 year from date of issue. The department, however, may refuse to issue a license to any person whose license has been revoked until such person demonstrates to the department that he or she no longer will violate the provisions of this part or rules adopted hereunder.
(2) Issue of license shall be conditioned upon the applicant’s satisfying the department that he or she has an adequate bookkeeping system, that he or she keeps and will keep at all times all records necessary to indicate accurately the total volume of agricultural products on which the seal of quality has been used, that such records shall be open at all times for periodic inspection and examination by auditors of the department. The volume and kind of agricultural products on which the seal of quality has been used shall be reported monthly, quarterly, semiannually, or annually as prescribed by rule of the department and such report shall be made with remittance of the advertising and promotion fee applicable not later than the 20th day of the month following the period covered by the report. The report shall be made under oath and on forms furnished by the department. If the report is not filed and advertising and promotion fee paid on the date due or if the report be false, the amount of fee due is subject to a penalty of 10 percent, which shall be added to the advertising and promotion fee and paid therewith.
History.—s. 1, ch. 63-378; ss. 14, 35, ch. 69-106; s. 11, ch. 90-323; s. 900, ch. 97-103.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.07 - Suspension or revocation of license.

571.07 Suspension or revocation of license.—The department, after finding that a licensee has violated any of the provisions of this part or rules adopted hereunder, may revoke the license of any licensee or suspend such license for not more than 1 year.
History.—s. 1, ch. 63-378; ss. 14, 35, ch. 69-106; s. 6, ch. 78-95; s. 12, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.08 - Unlawful acts.

571.08 Unlawful acts.—It is unlawful for any person:
(1) To remove or dispose of any hold order or any detained agricultural product or article by sale or otherwise without permission of the department or by order of court.
(2) To reproduce or use any seal of quality without license or in violation of the provisions of this part or rules adopted hereunder.
(3) To supply any seal of quality or reproduction of same to any unauthorized person.
(4) To make, reproduce, or use any seal of quality that is an imitation or counterfeit.
(5) To market any agricultural product with which an imitation or counterfeit seal of quality is used.
(6) To market any agricultural product with which a seal of quality is used unless the container of such product is labeled to indicate the name of the licensee.
(7) To fail to report the volume and kind of agricultural product on which a seal of quality has been used and make remittance of advertising and promotion fee when due as provided by rule.
(8) To mislead or deceive, use any imitation, counterfeit, or likeness of the seal of quality on any label, tag, seal, container, sign, or otherwise of any agricultural product of any kind or description for any purpose whatsoever or to mislead or deceive, use any emblem or counterfeit likeness thereof upon or in connection with any offer to sell or advertise for sale or use of any agricultural product of any kind or description which does not in fact lawfully bear a seal of quality.
(9) To fail to do any act required or to do any act prohibited by this part or rules adopted hereunder.
History.—s. 1, ch. 63-378; ss. 14, 35, ch. 69-106; s. 13, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.09 - Penalties.

571.09 Penalties.—Any person violating any of the provisions of this part or rules adopted hereunder shall for the first offense be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and for each succeeding offense shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 63-378; s. 585, ch. 71-136; s. 14, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.10 - Injunction.

571.10 Injunction.—In addition to the remedies provided in this part and notwithstanding the existence of any adequate remedy at law, the department is authorized to make application for injunction to a circuit judge, and such circuit judge shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this part or from failing or refusing to comply with the requirements of this part or any rule adopted hereunder, such injunction to be issued without bond.
History.—s. 1, ch. 63-378; ss. 14, 35, ch. 69-106; s. 15, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part I - Florida Seal of Quality Law (Ss. 571.01-571.11) › 571.11 - Eggs and poultry; seal of quality violations; administrative penalties.

571.11 Eggs and poultry; seal of quality violations; administrative penalties.—
(1) The Department of Agriculture and Consumer Services may impose an administrative fine in the Class II category pursuant to s. 570.971 against any dealer, as defined in s. 583.01(4), in violation of the guidelines for the Florida seal of quality for eggs or poultry programs. All fines, when imposed and paid, shall be deposited by the department into the General Inspection Trust Fund.
(2) Whenever any administrative order has been made and entered by the department imposing a fine pursuant to this section, the order shall specify the amount of fine and time limit for payment thereof, not exceeding 15 days, and, upon failure of the dealer to pay the fine within that time, the permit of the dealer issued under s. 500.12 shall be subject to suspension.
History.—s. 3, ch. 86-215; s. 37, ch. 92-180; s. 117, ch. 2014-150.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part II - Florida Agricultural Promotional Campaign Act (Ss. 571.21-571.301) › 571.21 - Short title.

571.21 Short title.—This part may be cited as the “Florida Agricultural Promotional Campaign Act.”
History.—s. 16, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part II - Florida Agricultural Promotional Campaign Act (Ss. 571.21-571.301) › 571.22 - Legislative intent.

571.22 Legislative intent.—The Legislature finds that there is a need for a Florida Agricultural Promotional Campaign to increase consumer awareness and expand the market for Florida’s agricultural products. The Legislature further finds that the Florida Agricultural Promotional Campaign is a partnership between industry and the state to efficiently promote and advertise such products.
History.—s. 16, ch. 90-323.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part II - Florida Agricultural Promotional Campaign Act (Ss. 571.21-571.301) › 571.23 - Definitions.

571.23 Definitions.—For purposes of this part, the following terms shall have the following meanings:
(1) “Department” means the Department of Agriculture and Consumer Services.
(2) “Person” means an individual, firm, partnership, corporation, association, business, trust, legal representative, or any other business unit.
(3) “Reproduce” means to stencil, emboss, print, engrave, impress, imprint, lithograph, or duplicate in any manner or to cause any such acts to be done.
(4) “Agricultural product” means any fresh or processed horticultural, aquacultural, viticultural, fish or seafood, dairy, poultry, apicultural, or other farm or garden product.
(5) “Division” means the Division of Marketing and Development of the Department of Agriculture and Consumer Services.
History.—s. 16, ch. 90-323; s. 43, ch. 92-291; s. 40, ch. 93-169.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 571 - Agricultural Advertising › Part II - Florida Agricultural Promotional Campaign Act (Ss. 571.21-571.301) › 571.24 - Purpose; duties of the department.

571.24 Purpose; duties of the department.—The purpose of this part is to authorize the department to establish and coordinate the Florida Agricultural Promotional Campaign. The Legislature intends for the Florida Agricultural Promotional Campaign to serve as a marketing program to promote Florida agricultural commodities, value-added products, and agricultural-related businesses and not as a food safety or traceability program. The duties of the department shall include, but are not limited to:
(1) Developing logos and authorizing the use of logos as provided by rule.
(2) Registering participants.
(3) Assessing and collecting fees.
(4) Collecting rental receipts for industry promotions.
(5) Developing in-kind advertising programs.
(6) Contracting with media representatives for the purpose of dispersing promotional materials.
(7) Adopting rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.
(8) Enforcing and administering the provisions of this part, including measures ensuring that only Florida agricultural or agricultural based products are marketed under the “Fresh From Florida” or “From Florida” logos or other logos of the Florida Agricultural Promotional Campaign.
History.—s. 16, ch. 90-323; s. 189, ch. 98-200; s. 10, ch. 99-391; s. 76, ch. 2000-158; s. 11, ch. 2014-43; s. 16, ch. 2016-61; s. 37, ch. 2017-3; s. 19, ch. 2020-144.