reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 591 - Forest Development › 591.20 - Community Forests; Forestry Committee.

591.20 Community forests; forestry committee.—The governing board of any county, city, town, or school district desiring to establish community forests after enactment of this law shall appoint a forestry committee, consisting of three members, as follows: one member of governing board, one member from the Florida Forest Service to be designated by the Florida Forest Service, and one taxpayer of the county, city, town, or school district not a member of the governing board. The first two members of such committee shall hold office until replaced in their respective official positions. The third member shall hold office for 3 years. Any vacancy shall be filled at the first regular session of the governing board after the vacancy occurs. The president of the committee shall be selected by the three members for a 1-year term at their first regular meeting. The representative of the Florida Forest Service shall not serve as an officer of the committee nor be responsible for making reports. All members shall serve without compensation, but shall be reimbursed for travel expenses as provided in s. 112.061.
History.—s. 6, ch. 20902, 1941; s. 23, ch. 57-1; s. 19, ch. 63-400; ss. 14, 35, ch. 69-106; s. 72, ch. 2012-7.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 591 - Forest Development › 591.21 - Community Forests; Duties of Forestry Committee.

591.21 Community forests; duties of forestry committee.—
(1) It shall be the duty of the forestry committee to advise the governing board in acquiring, developing and managing the forest and in making contracts, agreements, and permits for and with the forest, and, if desirable, in hiring a qualified forester and laborers and in making rules and regulations for operating the forest.
(2) For any sale in excess of $100, the governing body shall ask for and receive open competitive bids and purchase from the lowest and best bidder. For sale of forest products in excess of $500 for the total contract, the sale shall be advertised in one issue each of 2 consecutive weeks in a county newspaper of general circulation, and the highest and best bid accepted. Contiguous sales shall not be made.
History.—s. 7, ch. 20902, 1941.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 591 - Forest Development › 591.22 - Community Forests; Appropriations.

591.22 Community forests; appropriations.—Counties, cities, towns, or school districts in which forestry committees have been appointed may appropriate money from available funds to be used by said committee to carry out the purposes of this law. The forestry committee shall each year make a budget of recommendation for acquisition and operation and management of the forest for approval by the governing board.
History.—s. 8, ch. 20902, 1941.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 591 - Forest Development › 591.23 - Community Forests; Revenues, Use.

591.23 Community forests; revenues, use.—Revenue from the forests shall be credited to the general fund of counties, cities, towns, or school districts; provided, however, revenues from lands under land use agreements with youth organizations such as chapters of the Future Farmers of America, shall be disposed of subject to the terms of such agreements. When the revenue from any forest other than these under such land use agreements, exceeds the necessary expenses of the forest, including desirable acquisition, the excess will be used by the governing board for regular purposes and in reduction of taxation.
History.—s. 9, ch. 20902, 1941; s. 1, ch. 57-790.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 591 - Forest Development › 591.24 - Community Forests; Fiscal Reports.

591.24 Community forests; fiscal reports.—A fiscal year report of expenditures, income, sales, development and management shall be made by the forestry committee to the governing board of the county, city, town, or school district, and a copy sent to the Florida Forest Service. All reports shall be audited by the regular auditor of the county, city, town, or school district.
History.—s. 10, ch. 20902, 1941; ss. 14, 35, ch. 69-106; s. 73, ch. 2012-7.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 591 - Forest Development › 591.25 - Community Forests; Fire Protection, Etc.

591.25 Community forests; fire protection, etc.—All lands entered or acquired under the provisions of this law shall be protected at all times from wildfire and shall be kept and maintained as a permanent public forest except as hereinafter provided. The timber growing thereon shall be cut in accordance with forestry methods approved by the Florida Forest Service and in such a manner as to perpetuate succeeding stands of trees. All such forest lands shall be open to the use of the public for recreational purposes so far as such recreational purposes do not interfere with, or prevent the use of, such lands to the best advantage as a public forest as determined by the forestry committee.
History.—s. 11, ch. 20902, 1941; ss. 14, 35, ch. 69-106; s. 74, ch. 2012-7.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 591 - Forest Development › 591.26 - Community Forests; Sale Upon Referendum Approval.

591.26 Community forests; sale upon referendum approval.—If it becomes desirable to sell any community forest or portion thereof as determined jointly by the governing board and forestry committee, it shall be put to a vote of the people at any regular election and a majority of those voting must approve the action. Any funds received from such sale shall be deposited in the general fund of the county, city, town, or school district making the sale and used in consolidating existing community forests or in establishing another community forest.
History.—s. 12, ch. 20902, 1941.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.101 - Short title.

593.101 Short title.—Sections 593.101-593.117 may be cited as the “Florida Boll Weevil Eradication Law.”
History.—s. 1, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.102 - Definitions.

593.102 Definitions.—For the purposes of ss. 593.101-593.117, the term:
(1) “Department” means the Department of Agriculture and Consumer Services.
(2) “Commercial cotton grower” means a person who is engaged in and has an economic risk in the business of producing, or causing to be produced, cotton for market.
(3) “Eradication zone” means a geographical area designated by the department as an eradication zone.
(4) “Noncommercial or volunteer cotton” means cotton intended for purposes other than processing.
(5) “Regulated article” means an article carrying or capable of carrying the boll weevil.
History.—s. 2, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.103 - Powers and duties of department.

593.103 Powers and duties of department.—The department has the power and duty to:
(1) Administer and enforce the provisions of ss. 593.101-593.117.
(2) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ss. 593.101-593.117.
(3) Enter upon any grounds, premises, or means of conveyance in this state for the purpose of inspection, quarantine, or eradication in reference to the boll weevil.
(4) Require each person growing cotton in this state to furnish, on forms supplied by the department, such information as the department may require relating to the acreage and locations of all commercial cotton, noncommercial cotton, and volunteer cotton being grown by that person in this state.
(5) Declare a quarantine against any area, place, or political unit within this state, another state, a territory, or a foreign country, or any portion thereof, in order to prevent or reduce the spread of the boll weevil in an eradication zone.
(6) Enter into a cooperative arrangement with any person, municipality, county, or other department of this state; any agency, officer, or authority of another state or of the United States Government; any other person engaged in the growing, processing, marketing, or handling of cotton; or any other person or group, for the purpose of cost sharing or assignment of duties and responsibilities in destroying and eliminating the boll weevil in this state.
(7) Govern the movement of regulated articles into, out of, or within an eradication zone.
(8) Establish eradication zones within the state where eradication efforts will be undertaken.
(9) Restrict or prohibit the planting of cotton in an eradication zone if the department determines that the planting of cotton in the zone will jeopardize the success of the eradication effort in the zone.
(10) Require that all growers of cotton in designated eradication zones participate in the eradication program, including cost sharing, through assessment.
(11) Restrict the movement of livestock, humans, and honeybee colonies in any eradication zone that has been or is to be treated with pesticides for eradication of the boll weevil.
(12) Enter upon any premise, property, or field within an eradication zone to treat it with pesticides or destroy any volunteer or noncommercial cotton when the department determines the action is necessary.
(13) Destroy or require the destruction of commercial cotton in an eradication zone when it is not being grown in compliance with ss. 593.101-593.117.
History.—s. 3, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 195, ch. 98-200.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.104 - Entry of premises; eradication activities; inspections.

593.104 Entry of premises; eradication activities; inspections.—The department may enter any cotton field or premise in order to carry out eradication and inspection activities as may be necessary to carry out the provisions of ss. 593.101-593.117. The department may inspect any field, premise, or item of equipment in this state for the purpose of determining whether any plant, property, or equipment is infested with the boll weevil.
History.—s. 4, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.105 - Reports by persons growing cotton.

593.105 Reports by persons growing cotton.—Each person growing cotton in this state shall furnish to the department, on forms supplied by the department, such information as the department may require concerning the size and location of all commercial cotton fields and of all noncommercial fields of cotton grown as ornamentals or for other purposes.
History.—s. 5, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.106 - Quarantine; regulation of articles within eradication zone.

593.106 Quarantine; regulation of articles within eradication zone.—
(1) The department may declare a quarantine against any place or political unit within this state, another state, a territory, a foreign country, or any portion thereof, in order to prevent or reduce the spread of the boll weevil in an eradication zone. It is unlawful thereafter, until such quarantine is removed, for any person to introduce into the eradication zone, or to move or dispose of within the eradication zone, any regulated article, except under rules prescribed by the department.
(2) Any regulated article that is moved into or within an eradication zone in violation of ss. 593.101-593.117 is deemed contraband and shall be confiscated by the department without payment of compensation.
History.—s. 6, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.107 - Regulation of collection, transportation, distribution, and movement of cotton.

593.107 Regulation of collection, transportation, distribution, and movement of cotton.—Each grower of cotton shall keep and furnish the department such information as it may require regarding the collection, transportation, distribution, and processing of cotton for the purpose of determining if the cotton is infested with the boll weevil. Further, each such grower is required to keep and maintain sanitary at all times her or his vehicles used in the collection, transportation, and distribution of cotton as may be required by the department. The department may govern the movement of regulated articles within the state and from another state, or portion thereof, into an eradication zone when that state is known to be infested with the boll weevil.
History.—s. 7, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 963, ch. 97-103; s. 6, ch. 2016-9.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.108 - Cooperative programs authorized.

593.108 Cooperative programs authorized.—The department is authorized to cooperate with any agency of the Federal Government or any state contiguous to this state, any other agency in this state, or any person or group of persons engaged in growing, processing, marketing, or handling cotton in this state in programs to carry out the purposes of ss. 593.101-593.117; and it may enter into written agreements to carry out those purposes. The agreements may provide for cost sharing and for division of duties and responsibilities under ss. 593.101-593.117 and may include other provisions generally to carry out the purposes of ss. 593.101-593.117.
History.—s. 8, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.109 - Authority to designate eradication zones, prohibit planting of cotton, and require participation in eradication program.

593.109 Authority to designate eradication zones, prohibit planting of cotton, and require participation in eradication program.—
(1) The department shall designate by rule one or more areas of this state as “eradication zones” where boll weevil eradication programs will be undertaken. The department shall promulgate rules regarding areas where cotton may not be planted within an eradication zone if the department has reason to believe the planting of cotton in those areas will jeopardize the success of the program. The department may promulgate rules prohibiting the planting of noncommercial cotton in eradication zones. The department may promulgate rules requiring all growers of commercial cotton in an eradication zone to participate in a program of boll weevil eradication, including participation in cost sharing.
(2) The department is authorized to set by rule a schedule of penalty fees to be assessed when growers in designated eradication zones do not meet the requirements of the rules issued by the department with respect to reporting of acreage and participation in cost sharing as prescribed by rule. The penalty fees may not exceed a charge of $25 per acre. When a grower fails to meet the requirements of the rules adopted by the department, the department may destroy any of the grower’s cotton in the eradication zone that is not in compliance with prescribed rules.
History.—s. 9, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.11 - Authority to regulate pasturage, entry, and honeybee colonies in eradication zones and other areas.

593.11 Authority to regulate pasturage, entry, and honeybee colonies in eradication zones and other areas.—The department may restrict the pasturage of livestock, entry by persons, and location of honeybee colonies in any premises in eradication zones that have been or are to be treated with pesticides or otherwise treated to cause the eradication of the boll weevil or in any other area that may be affected by the eradication treatments.
History.—s. 10, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.111 - Eligibility for certification of cotton growers’ organization.

593.111 Eligibility for certification of cotton growers’ organization.—
(1) To be eligible for certification by the department as the cotton growers’ association, the cotton growers’ organization must:
(a) Be a nonprofit organization within the meaning of s. 501(a) of the Internal Revenue Code of 1954 (26 U.S.C. s. 501(a)).
(b) Be open to all commercial cotton growers in this state.
(c) Have only one class of members, with each member having only one vote.
(d) Be governed by a board of directors consisting of seven commercial cotton growers elected by the membership and one employee of the department appointed by the department, who shall be a nonvoting member.
(2)(a) The terms of office of the board members shall be for 3 years or until their successors are duly appointed and qualified.
(b) Immediately after their appointment, the members of the board shall meet and organize by the election of a chair and a vice chair, whose terms of office shall be for 1 year. The board shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as may be prescribed by its rules. A majority of the members of the board shall constitute a quorum for all purposes, and an act by a majority of such quorum at any meeting shall constitute an official act of the board.
(c) The members of the board shall receive no compensation for their services, except that they shall receive per diem and travel expenses as provided in s. 112.061, when actually engaged in the business of the board.
(3) The books, records of account, and minutes of proceedings of the board shall be available for inspection or audit by the department upon request at any reasonable time. The board shall provide the department with an annual audit of its accounts performed by a certified public accountant.
(4) Any employee or agent of the board who handles its funds must be adequately bonded.
History.—s. 11, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 964, ch. 97-103; s. 77, ch. 2000-154.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.112 - Certification of cotton growers’ organization.

593.112 Certification of cotton growers’ organization.—The cotton growers’ organization may be certified by the department for the purpose of entering into agreements with any person, municipality, county, or other department of this state or any agency, officer, or authority of another state or the United States Government as may be necessary to carry out the purposes of ss. 593.101-593.117. If the department finds that the growers’ organization meets the requirements set forth in s. 593.111, the department shall issue certification to the organization for purposes of ss. 593.101-593.117 only. Such certification does not affect any other organization of cotton growers established for other purposes. The department is authorized to revoke the certification if at any time the organization fails to meet the certification requirements or the purposes of ss. 593.101-593.117.
History.—s. 12, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.113 - Referendum.

593.113 Referendum.—Upon the request of the certified cotton growers’ organization, the department shall conduct a referendum among all cotton growers in an eradication zone to determine whether an assessment shall be levied upon them to cover, in whole or in part, the cost of boll weevil suppression and eradication programs authorized by ss. 593.101-593.117. Subsequent referenda to determine changes in assessments or program activities shall be conducted by the department upon the request of the certified cotton growers’ organization. All referenda are subject to the following conditions:
(1) All affected commercial cotton growers must be entitled to vote, and any question of eligibility must be determined by the department.
(2) At least 51 percent of the commercial cotton growers in the eradication zone must be required to vote, and passage of the referendum must require a two-thirds majority of those growers voting.
History.—s. 13, ch. 87-55; s. 1, ch. 88-303; s. 1, ch. 90-128; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.114 - Assessments.

593.114 Assessments.—
(1) Assessments shall be collected by the department or its agent and deposited in the State Treasury to the credit of the Plant Industry Trust Fund. Except as otherwise provided herein, upon appropriation by the Legislature, all moneys received under the provisions of this section shall be remitted to the certified growers’ organization subject to such terms and conditions as the department, after consultation with the board of directors of the cotton growers’ organization, prescribes to ensure that the assessments are used in a sound program of boll weevil suppression and eradication.
(2)(a) All assessments shall be levied on a per acre basis.
(b) Upon recommendation by the board of directors of the cotton growers’ organization, the department shall establish a per acre assessment, the period for which it will be levied, and the geographical area to which it applies.
(c) The assessment shall not exceed $35 per acre per year.
(3) If any assessment made under this chapter to defray the whole or any part of the expense of any eradication or suppression program is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the department is satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, or if the department fails to make such assessment when it might have done so, the department shall take all necessary steps to cause a new assessment to be made for the whole or any part of the cost of any eradication or suppression program, following as nearly as possible the provisions of this chapter, and, in case such second assessment is annulled, the department may obtain and make other assessments until a valid assessment is made.
(4) A commercial cotton grower who fails to pay any assessment levied under this chapter by the applicable due date shall be subject to interest on the unpaid assessment at the rate set forth in chapter 55. Such interest shall accrue from the date the assessment was due until payment.
History.—s. 14, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429; s. 1, ch. 92-23; s. 64, ch. 99-5; s. 9, ch. 2000-272.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.1141 - Authority to enter agreements with the Farm Service Agency.

593.1141 Authority to enter agreements with the Farm Service Agency.—The department is authorized to enter into agreements with the Farm Service Agency, “FSA,” for the purpose of allowing a cotton grower to tender payment of assessments, including penalties, to the FSA.
History.—s. 1, ch. 94-302; s. 16, ch. 99-391.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.115 - Mandamus or injunction.

593.115 Mandamus or injunction.—The circuit courts of this state shall have the power to enforce any of the provisions of ss. 593.101-593.117, and any rule of the department pursuant thereto, by mandamus or temporary or permanent injunction, either or both, upon the application of the department, against any person who violates any provision of ss. 593.101-593.117 or any rule of the department adopted pursuant to ss. 593.101-593.117.
History.—s. 15, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.116 - Penalty for violation.

593.116 Penalty for violation.—
(1) Any person who, except in compliance with ss. 593.101-593.117 or rules of the department, moves any regulated article within the state or into this state from any other state against which the department has declared a quarantine pursuant to ss. 593.101-593.117 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, or, upon a second or subsequent conviction thereof, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A commercial cotton grower who fails to pay any assessment levied under ss. 593.101-593.117 or fails to destroy cotton stalks by February 1 of each year in which the boll weevil eradication program is in effect is subject to a penalty of not more than $25 per acre, such amount to be established by the department upon the recommendation of the board of directors of the cotton growers’ organization.
(3) Any commercial cotton grower who fails to pay all assessments, including penalties, within 30 days after the date of the notice is required to destroy all cotton plants growing on his or her property subject to assessment. Any cotton plant not destroyed is deemed a public nuisance. The department may apply to any court of competent jurisdiction, and the court is authorized, in its discretion, to issue judgment and order condemnation and destruction of the nuisance. The grower is liable for all court costs, fees, and other expenses incurred in such action.
History.—s. 16, ch. 87-55; s. 1, ch. 88-303; s. 1, ch. 89-11; s. 4, ch. 91-429; s. 965, ch. 97-103.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part I - Boll Weevil Eradication (Ss. 593.101-593.117) › 593.117 - Handling of moneys received.

593.117 Handling of moneys received.—All moneys received by the department under the provisions of ss. 593.101-593.117, other than appropriated funds and moneys collected as assessments, shall be deposited in the State Treasury to the credit of the Plant Industry Trust Fund and shall be used by the department to defray its expenses in carrying out the duties imposed on it by ss. 593.101-593.117.
History.—s. 17, ch. 87-55; s. 1, ch. 88-303; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part II - Pest Eradication in Urbanized Areas (Ss. 593.20-593.25) › 593.20 - Emergency aerial application of pesticides in urban areas; duties of department.

593.20 Emergency aerial application of pesticides in urban areas; duties of department.—To carry out its duties with respect to emergency responses to plant pest infestations when the eradication programs involve the aerial application of a pesticide to an urbanized area, the Department of Agriculture and Consumer Services shall:
(1) Use a pesticide previously approved by the United States Environmental Protection Agency for that eradication purpose.
(2) Provide a system for dissemination of information to the public about infestations of pests that are the subject of such eradication programs. The system shall disseminate information relating to the pest; the pesticide selected to eradicate that pest; the generally accepted effects, if any, of the pesticide on the human population and the environment in the area in which an aerial eradication program will be conducted; recommended safety precautions; and the alternative methods of responding to the pest infestation, if any.
History.—s. 1, ch. 98-108.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part II - Pest Eradication in Urbanized Areas (Ss. 593.20-593.25) › 593.21 - Monitoring of health complaints by Department of Health; hotline; rulemaking authority.

593.21 Monitoring of health complaints by Department of Health; hotline; rulemaking authority.—At any time when the Department of Agriculture and Consumer Services is conducting an emergency response to a plant pest infestation which involves the aerial application of a pesticide to an urbanized area, the Department of Health shall monitor health problems that result from chemical exposure about which complaints are made to physicians and health care facilities. The Department of Health shall provide a toll-free hotline on which persons may register complaints and shall make a record of all calls received on that line. In consultation with the Department of Health, the Department of Agriculture and Consumer Services shall adopt by rule standards for determining when the use of a particular pesticide should be discontinued.
History.—s. 2, ch. 98-108.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part II - Pest Eradication in Urbanized Areas (Ss. 593.20-593.25) › 593.22 - Notice and information.

593.22 Notice and information.—Before the Department of Agriculture and Consumer Services begins an emergency response to a plant pest infestation which involves the aerial application of a pesticide to an urbanized area, the department shall notify the public in the area in which the pesticide is to be applied of its impending action. Notice must be given at least 48 hours before beginning the aerial application of a pesticide to an urbanized area. The department shall use all reasonable methods to disseminate information required under this section as widely as possible. Information to be disseminated includes, but is not limited to: a copy of any Environmental Protection Agency permit or other permit under which the pesticide will be applied, and the source, including the date of publication, of any technical information, if available, about the pesticide which is included in the notice; the projected area over which the pesticide will be applied; the predicted duration of the application period; and the number of the Department of Health’s toll-free hotline. When the emergency response to a plant pest infestation requires the aerial application of a pesticide to an urbanized area for a period longer than 1 week, the department shall notify the public in the area of the program’s continuation. The department shall notify the public in the area when an emergency response to a plant pest infestation which requires the aerial application of a pesticide to an urbanized area is terminated.
History.—s. 3, ch. 98-108.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part II - Pest Eradication in Urbanized Areas (Ss. 593.20-593.25) › 593.23 - Provision of physicians and health care facilities by Department of Health.

593.23 Provision of physicians and health care facilities by Department of Health.—The Department of Health shall provide physicians and health care facilities in an area in which the Department of Agriculture and Consumer Services is conducting an emergency response to a plant pest infestation which involves the aerial application of a pesticide to an urbanized area with technical assistance relating to health problems that may result from chemical exposure. The Department of Health shall provide the names, addresses, and telephone numbers of physicians and health care facilities in the area in which the eradication program will be conducted which specialize in health problems resulting from chemical exposure.
History.—s. 4, ch. 98-108.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part II - Pest Eradication in Urbanized Areas (Ss. 593.20-593.25) › 593.24 - Technical assistance by Department of Health; health advisory committee.

593.24 Technical assistance by Department of Health; health advisory committee.—The Department of Health shall provide technical assistance to the Department of Agriculture and Consumer Services when the latter department is carrying out an emergency response to a plant pest infestation which involves the aerial application of a pesticide to an urbanized area and shall establish a health advisory committee. The committee shall consist of seven members and shall include the State Health Officer, the local health officer, the poison information center director, a toxicologist from the Department of Agriculture and Consumer Services, a person representing a state teaching hospital, a physician practicing in the area, and an epidemiologist from the Department of Health. The duties of the health advisory committee are to serve as a resource, under the supervision of the Department of Health, to the Department of Health and the Department of Agriculture and Consumer Services in carrying out their duties under this act; duties of the health advisory committee include, but are not limited to, review of the aggregate information collected from physician and hotline calls.
History.—s. 5, ch. 98-108.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 593 - Agricultural Commodity Insect Control › Part II - Pest Eradication in Urbanized Areas (Ss. 593.20-593.25) › 593.25 - Definition.

593.25 Definition.—As used in this act, the term “urbanized area” means land that is zoned for purposes other than agricultural purposes and that has a residential density of two or more units per acre.
History.—s. 6, ch. 98-108.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 595 - School Food and Nutrition Services › 595.402 - Definitions.

595.402 Definitions.—As used in this chapter, the term:
(1) “Commissioner” means the Commissioner of Agriculture.
(2) “Department” means the Department of Agriculture and Consumer Services.
(3) “Program” means any one or more of the school food and nutrition service programs that the department has responsibility over including, but not limited to, the National School Lunch Program, the Special Milk Program, the School Breakfast Program, the Summer Food Service Program, the Fresh Fruit and Vegetable Program, and any other program that relates to school nutrition.
(4) “School breakfast program” means a program authorized by s. 4 of the Child Nutrition Act of 1966, as amended, and administered by the department.
(5) “School district” means any of the 67 county school districts, including the respective district school board.
(6) “Sponsor” means any entity that is conducting a program under a current agreement with the department.
(7) “Summer nutrition program” means one or more of the programs authorized under 42 U.S.C. s. 1761.
(8) “Universal school breakfast program” means a program that makes breakfast available at no cost to all students regardless of their household income.
History.—s. 29, ch. 2013-226; s. 35, ch. 2016-61.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 595 - School Food and Nutrition Services › 595.403 - State Policy.

595.403 State policy.—The Legislature, in recognition of the demonstrated relationship between good nutrition and the capacity of students to develop and learn, declares that it is the policy of the state to provide standards for school food and nutrition services and to require each school district to establish and maintain an appropriate school food and nutrition service program consistent with the nutritional needs of students. To implement that policy, the state shall provide funds to meet the state National School Lunch Act matching requirements. The funds provided shall be distributed in such a manner as to comply with the requirements of the National School Lunch Act.
History.—s. 30, ch. 2013-226.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 595 - School Food and Nutrition Services › 595.405 - School Nutrition Program Requirements.

595.405 School nutrition program requirements.—
(1) Each district school board shall consider the recommendations of the district school superintendent and adopt policies to provide for an appropriate food and nutrition program for students consistent with federal law and department rules.
(2) Each district school board shall implement school breakfast programs that make breakfast meals available to all students in each school that serves any combination of grades kindergarten through 5.
(3) Each district school board must annually set prices for breakfast meals at rates that, combined with federal reimbursements and state allocations, are sufficient to defray costs of school breakfast programs without requiring allocations from the district’s operating funds, except if the district school board approves lower rates.
(4) Each school operating a breakfast program shall make a breakfast meal available if a student arrives at school on the school bus less than 15 minutes before the first bell rings and shall allow the student at least 15 minutes to eat the breakfast.
(5) Each district school board is encouraged to provide universal, free school breakfast meals to all students in each elementary, middle, and high school. A universal school breakfast program shall be implemented in each school in which 80 percent or more of the students are eligible for free or reduced-price meals, unless the district school board, after considering public testimony at two or more regularly scheduled board meetings, decides not to implement such a program in such schools.
(6) To increase school breakfast and universal school breakfast program participation, each district school board must, to the maximum extent practicable, make breakfast meals available to students through alternative service models as described in publications of the Food and Nutrition Service of the United States Department of Agriculture for the federal School Breakfast Program.
(7) Each district school board shall annually provide information prepared by the district’s food service administration regarding available school breakfast programs. The information shall be communicated through school announcements and notices sent to all parents.
(8) A district school board may operate a breakfast program providing for food preparation at the school site or in central locations with distribution to designated satellite schools, or any combination thereof.
History.—s. 271, ch. 2002-387; s. 1, ch. 2008-190; s. 16, ch. 2009-59; s. 5, ch. 2011-217; s. 32, ch. 2013-226; s. 37, ch. 2016-61.
Note.—Former s. 1006.06; s. 570.981(1)-(5).
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 595 - School Food and Nutrition Services › 595.406 - Florida Farm to School Program.

595.406 Florida Farm to School Program.—
(1) In order to implement the Florida Farm to School Program, the department shall develop policies pertaining to school food services which encourage:
(a) Sponsors to buy fresh and high-quality foods grown in this state when feasible.
(b) Farmers in this state to sell their products to sponsors, school districts, and schools.
(c) Sponsors to demonstrate a preference for competitively priced organic food products.
(d) Sponsors to make reasonable efforts to select foods based on a preference for those that have maximum nutritional content.
(2) The department shall provide outreach, guidance, and training to sponsors, schools, school food service directors, parent and teacher organizations, and students about the benefit of fresh food products from farms in this state.
(3) The department may recognize sponsors who purchase at least 10 percent of the food they serve from the Florida Farm to School Program.
History.—s. 1, ch. 2010-183; s. 5, ch. 2011-217; s. 33, ch. 2013-226; s. 38, ch. 2016-61.
Note.—Former s. 1006.06; s. 570.981(6).
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 595 - School Food and Nutrition Services › 595.408 - Food Distribution Services; Department Responsibilities and Functions.

595.408 Food distribution services; department responsibilities and functions.—
(1)(a) The department shall conduct, supervise, and administer all food distribution services that will be carried on using federal or state funds, or funds from any other source, or food received and distributed from the United States or any of its agencies.
(b) The department shall determine the benefits each applicant or recipient of assistance is entitled to receive under this chapter, provided that each applicant or recipient is a resident of this state and a citizen of the United States or is an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.
(2) The department shall cooperate fully with the United States Government and its agencies and instrumentalities so that the department may receive the benefit of all federal financial allotments and assistance possible to carry out the purposes of this chapter.
(3) The department may:
(a) Accept any duties with respect to food distribution services as are delegated to it by an agency of the Federal Government or any state, county, or municipal government.
(b) Act as agent of, or contract with, the federal government, state government, or any county or municipal government in the administration of food distribution services to secure the benefits of any public assistance that is available from the federal government or any of its agencies, and in the distribution of funds received from the federal government, state government, or any county or municipal government for food distribution services within the state.
(c) Accept from any person or organization all offers of personal services, food, or other aid or assistance.
(4) This chapter does not limit, abrogate, or abridge the powers and duties of any other state agency.
History.—s. 54, ch. 92-58; s. 4, ch. 93-169; s. 35, ch. 2013-226; s. 40, ch. 2016-61.
Note.—Former s. 570.072.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 595 - School Food and Nutrition Services › 595.409 - Public Records Exemption.

595.409 Public records exemption.—
(1) Personal identifying information of an applicant for or participant in a school food and nutrition service program, as defined in s. 595.402, held by the department or the Department of Education is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(2)(a) Such information shall be disclosed to:
1. Another governmental entity in the performance of its official duties and responsibilities; or
2. Any person who has the written consent of the applicant for or participant in such program.
(b) This section does not prohibit a participant’s legal guardian from obtaining confirmation of acceptance and approval, dates of applicability, or other information the legal guardian may request.
(3) This exemption applies to any information identifying a program applicant or participant held by the department or the Department of Education before, on, or after the effective date of this exemption.
History.—s. 1, ch. 2013-217; s. 1, ch. 2018-74.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 595 - School Food and Nutrition Services › 595.501 - Corrective Action Plans; Penalties.

595.501 Corrective action plans; penalties.—
(1) When a corrective action plan is issued by the department or a federal agency, each sponsor is required to complete the corrective action plan to be in compliance with the program.
(2) Any person or sponsor that violates any provision of this chapter or any rule adopted thereunder or otherwise does not comply with the program is subject to a suspension or revocation of their agreement, loss of reimbursement, or a financial penalty in accordance with federal or state law, or both. This section does not restrict the applicability of any other law.
History.—s. 36, ch. 2013-226; s. 41, ch. 2016-61.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 595 - School Food and Nutrition Services › 595.601 - Food and Nutrition Services Trust Fund.

595.601 Food and Nutrition Services Trust Fund.—Chapter 99-37, Laws of Florida, recreated the Food and Nutrition Services Trust Fund to record revenue and disbursements of Federal Food and Nutrition funds received by the department as authorized in ss. 595.404 and 595.408.
History.—s. 589, ch. 2002-387; s. 7, ch. 2011-217; s. 37, ch. 2013-226; s. 42, ch. 2016-61.
Note.—Former s. 1010.77; s. 570.983.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 597 - Aquaculture › 597.001 - Florida Aquaculture Policy Act; Short Title.

597.001 Florida Aquaculture Policy Act; short title.—This chapter may be cited as the “Florida Aquaculture Policy Act.”
History.—s. 1, ch. 84-90; s. 1, ch. 93-152.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 597 - Aquaculture › 597.0015 - Definitions.

597.0015 Definitions.—For purposes of this chapter, the following terms shall have the following meanings:
(1) “Aquaculture” means the cultivation of aquatic organisms.
(2) “Aquaculture producers” means those persons engaging in the production of aquaculture products and certified under s. 597.004.
(3) “Aquaculture products” means aquatic organisms and any product derived from aquatic organisms that are owned and propagated, grown, or produced under controlled conditions. Such products do not include organisms harvested from the wild for depuration, wet storage, or relay for purification.
(4) “Commissioner” means the Commissioner of Agriculture.
(5) “Department” means the Department of Agriculture and Consumer Services.
History.—s. 7, ch. 91-187; s. 23, ch. 96-247; s. 10, ch. 99-390.