General Provisions (Florida Statutes: Title XXXV Agriculture, Horticulture, and Animal Industry; Chapter 570 Department of Agriculture and Consumer Services; Part I; ss. 570.01-570.232)

PART I PART II PART III PART IV PART V The Florida Senate 2018 Florida Statutes Title XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY Chapter 570 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY CHAPTER 570 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES GENERAL PROVISIONS (ss. 570.01-570.232) PROGRAM SERVICES (ss. 570.30-570.693) AGRICULTURAL DEVELOPMENT (ss. 570.70-570.89) AGRICULTURAL WATER POLICY (ss. 570.916-570.94) PENALTIES (s. 570.971) PART I GENERAL PROVISIONS 570.01 Department created; commissioner. 570.02 Definitions. 570.031 Seal of department. 570.041 Organization of departmental work. 570.051 Interference with department employees in performance of duties. 570.06 Offices of the department. 570.07 Department of Agriculture and Consumer Services; functions, powers, and duties. 570.077 Confidentiality of intelligence or investigative information. 570.081 Division of work between department and experiment station and extension service. 570.09 Assistant commissioner. 570.091 Deputy commissioners. 570.092 Inspector general. 570.10 Counsel. 570.11 Directors; oath of office. https://www.flsenate.gov/Laws/Statutes/2018/Chapter570/PART I/ https://www.flsenate.gov/Laws/Statutes/2018/Chapter570/PART II/ https://www.flsenate.gov/Laws/Statutes/2018/Chapter570/PART III/ https://www.flsenate.gov/Laws/Statutes/2018/Chapter570/PART IV/ https://www.flsenate.gov/Laws/Statutes/2018/Chapter570/PART V/ https://www.flsenate.gov/Laws/Statutes/2018/Title35/#Title35 https://www.flsenate.gov/Laws/Statutes/2018/Chapter570/PART I/ 570.12 Other officers and employees. 570.13 Salary of commissioner, officers, and employees; expenses. 570.15 Access to places of business and vehicles. 570.191 Agricultural Emergency Eradication Trust Fund. 570.1912 Funding of Agricultural Emergency Eradication Trust Fund. 570.192 Administrative Trust Fund. 570.193 Federal Grants Trust Fund. 570.194 Florida Saltwater Products Promotion Trust Fund. 570.20 General Inspection Trust Fund. 570.205 Federal Law Enforcement Trust Fund. 570.209 Market Improvements Working Capital Trust Fund. 570.21 Publication of department’s bulletins, publications, and reports. 570.22 Service of process. 570.23 State Agricultural Advisory Council. 570.232 Advisory commi�ees. 570.01 Department created; commissioner.—There is hereby created a department of the government of this state to be known as the “Department of Agriculture and Consumer Services.” The affairs of the department shall be transacted under the control of the Commissioner of Agriculture. History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106. 570.02 Definitions.—The following words and phrases as used in this chapter and in the agricultural laws of this state, unless the context otherwise requires, shall have the meanings respectively ascribed to them in this section: (1) “Agriculture” means the science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use and their disposal by marketing or otherwise, and includes aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production. For the purposes of marketing and promotional activities, seafood shall also be included in this definition. (2) “Agricultural business products” means nonconsumable products used in the producing, processing, distribution, and marketing of consumable farm products, including, but not limited to, machinery, equipment, and supplies. (3) “Agricultural marketing facilities” means state-owned wholesale and retail markets managed by the Bureau of State Farmers’ Market. (4) “Commissioner” means the Commissioner of Agriculture. (5) “Department” means the Department of Agriculture and Consumer Services. History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 215, ch. 71-377; s. 1, ch. 87-36; s. 1, ch. 88-341; s. 5, ch. 92-291; s. 1, ch. 93-169; s. 11, ch. 94-335; s. 21, ch. 96-247; s. 1182, ch. 97-103. 570.031 Seal of department.—The department shall have an official seal which shall be used for the authentication of the orders and proceedings of the department and for such other purposes as the department may prescribe. Use of the seal or any likeness thereof requires wri�en approval of the department. History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 10, ch. 93-169; s. 69, ch. 2014-150. Note.—Former s. 570.14. 570.041 Organization of departmental work.—In the assignment of functions to the divisions of the department created in s. 20.14, the department shall retain within the Division of Administration, in addition to executive functions, those powers and duties enumerated in s. 570.30. The department shall organize the work of the other divisions in such a way as to secure maximum efficiency in the conduct of the department. The divisions created in s. 20.14 are solely to make possible the definite placing of responsibility. The department shall be conducted as a unit in which every employee, including each division director, is assigned a definite workload, and there shall exist between division directors a spirit of cooperative effort to accomplish the work of the department. History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 1, ch. 77-289; s. 21, ch. 2000-364; s. 51, ch. 2001-89; s. 4, ch. 2011-56; s. 36, ch. 2011-206; s. 18, ch. 2012-190; s. 72, ch. 2014-150. Note.—Former s. 570.18. 570.051 Interference with department employees in performance of duties.—No person shall a�empt, by means of any threat or violence, to deter or prevent an inspector, agent, or other employee of the department from performing any duties imposed by law upon him or her or the department; and no person shall impersonate an inspector, agent, or other employee of the department. Whoever violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.—s. 1, ch. 59-54; s. 584, ch. 71-136; s. 12, ch. 93-169; s. 890, ch. 97-103; s. 2, ch. 2003-181; s. 70, ch. 2014-150. Note.—Former s. 570.16. 570.06 Offices of the department.—The principal office of the department shall be located at the seat of state government. Branch offices may be established and maintained by the department in such places as the commissioner may determine. The offices shall be supplied with all necessary books, stationery, office equipment and furniture, to be furnished and paid for in the manner provided by law. History.—s. 1, ch. 59-54. 570.07 Department of Agriculture and Consumer Services; functions, powers, and duties.—The department shall have and exercise the following functions, powers, and duties: (1) To inquire into the needs of agriculture in the state and make appropriate recommendations to the Governor and the Legislature, except for those functions specifically assigned under state law to other state agencies. (2) To perform all regulatory and inspection services relating to agriculture except agricultural education, demonstration, research, and those regulatory functions assigned by law to other state agencies. In doing this, the department may: (a) Inspect for violations of and enforce all federal standards applicable to the responsibilities of the department, which were adopted for uniform application to protect the public health, safety, and welfare. (b) Enforce federal marketing orders identified in a cooperative agreement between the department and the United States Department of Agriculture. (c) Apply generally accepted analytical technologies and validated methods in determining compliance with federal standards enforced pursuant to this subsection, statutes, and rules of the department. (d) Impose a fine, as provided in s. 500.121, for a violation of a federal standard enforced pursuant to this subsection. In imposing any fine or sanction, whether authorized by this paragraph or by any other law, the department shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the monetary benefit to the violator, whether the violation was willful, and the violator’s compliance record. (e) Except as expressly prohibited by law, use any of the trained personnel in the various divisions of the department in performing the regulatory and inspection services relating to agriculture. (3) To make investigations, conduct hearings, and make recommendations concerning all ma�ers relating to the powers, duties, and functions of the department as provided by law. (4) To cooperate with the United States Department of Agriculture and any other state or federal agency in any manner which may be helpful to agriculture in obtaining and disseminating production statistics and market and trade information concerning demand, supply, prevailing prices, and commercial movements of agricultural products and extent of products in storage. The department may compile, publish, and disseminate information and pertinent data on crops, livestock, poultry, and agricultural products and may provide matching funds with other agencies, local, state, or national, for the conduct of these services. (5) To annually fix inspection and license fees and recording and service charges within maximum limits provided by law to pay the cost of the service performed, to pay the cost of maintenance of reasonable reserves for contingencies, including cost of depository, accounting, disbursement, auditing, and rental of quarters and facilities furnished by the state, and to pay compensation to fruit and vegetable inspectors for work in excess of 40 hours per week at the same rate of pay as received for normal work hours when compensatory time cannot be given as reimbursement for overtime work. (6) To foster and encourage the standardizing, grading, inspection, labeling, handling, storage, and marketing of agricultural products; to enhance the food safety of tomatoes and, after investigation and public hearings, to cooperate with the United States Department of Agriculture, to establish and promulgate standard grades and other standard classifications of and for agricultural products; and to establish and adopt requirements for enhancing food safety, in cooperation with appropriate agencies. (7) To extend in every practicable way the distribution and sale of Florida agricultural products throughout the markets of the world. (8) To promote, in the interest of the producer, the distributor, and the consumer, the economical and efficient distribution of agricultural products of this state; and to cooperate with the Department of Commerce of the United States and any other department or agency of the federal or state government for this purpose. (9) To obtain and furnish information: relating to the selection of shipping routes, adoption of shipping methods, or avoidance of delays in the transportation of agricultural products; or helpful in the solution of other transportation problems connected with the distribution of agricultural products. (10) To act as adviser to producers and distributors, when requested, to assist them in the economical and efficient distribution of their agricultural products, to encourage cooperative effort among producers to gain economical and efficient production of agricultural products, and to adopt rules establishing comprehensive best management practices for agricultural production and food safety. (11) To foster and encourage cooperation between producers and distributors in the interest of the general public. (12) To act as a mediator or arbitrator in any controversy or issue between producers and distributors of any agricultural products concerning the grade or classification of such products. (13) To protect the agricultural and horticultural interests of the state; and, to that end, it shall enforce those functions, powers, and duties given to it in chapter 581 and all other laws relating thereto. (14) To inspect apiaries for diseases inimical to bees and beekeeping and enforce the laws relating thereto. (15) To protect the livestock interests of the state; and, to that end, it shall enforce those functions, powers, and duties given to it in chapter 585 and all other laws relating thereto. (16) To enforce the state laws and rules relating to: (a) Fruit and vegetable inspection and grading; (b) Pesticide spray, residue inspection, and removal; (c) Registration, labeling, inspection, sale, use, composition, formulation, wholesale and retail distribution, and analysis of commercial stock feeds and registration, labeling, inspection, and analysis of commercial fertilizers; (d) Classification, inspection, and sale of poultry and eggs; (e) Registration, inspection, and analysis of gasolines and oils; (f) Registration, labeling, inspection, and analysis of pesticides; (g) Registration, labeling, inspection, germination testing, and sale of seeds, both common and certified; (h) Weights, measures, and standards; (i) Foods, as set forth in the Florida Food Safety Act; (j) Inspection and certification of honey; (k) Sale of liquid fuels; (l) Licensing of dealers in agricultural products; (m) Administration and enforcement of all regulatory legislation applying to milk and milk products, ice cream, and frozen desserts; (n) Recordation and inspection of marks and brands of livestock; (o) Regulation of fertilizer, including its sale, composition, packaging, labeling, wholesale and retail distribution, and formulation, including nutrient content level and release rates; and (p) All other regulatory laws relating to agriculture. In order to ensure uniform health and safety standards, the adoption of standards and fines in the subject areas of paragraphs (a)-(n) is expressly preempted to the state and the department. Any local government enforcing the subject areas of paragraphs (a)-(n) must use the standards and fines set forth in the pertinent statutes or any rules adopted by the department pursuant to those statutes. (17)(a) To receive and compile reports on all fruits, vegetables, and other farm products grown in the state, and publish them in a state press that will do so without cost; (b) To obtain and disseminate information on carriers’ rates; (c) To collect information on additional market centers and their capacities; (d) To keep and compile a statement of all shipments moving out of the state; (e) To keep farmers and producers posted as to the exact conditions existing in the state and the markets of the country; (f) To cooperate with the United States Government in establishing and maintaining a market news system; (g) To issue bulletins or other information advising the best method for picking, packing, packaging, and distributing agricultural products and to study all conditions as affecting other states; (h) To keep in touch with the Department of Agriculture in Washington, D.C., to advise our people what crops to plant or not plant, what markets are overstocked, and through a system of cooperation to aid in development of agricultural interests and protection of Florida’s producers; (i) To devise such methods as will best carry forward this work, such as inspection of packages and other measures that conform to the marketing system of the Department of Agriculture in Washington; (j) To publish or issue bulletins listing items for sale or exchange, or wanted by farmers; and (k) To do all that can be done to bring relief to and aid in the marketing and distribution of Florida’s products. (18)(a) To instruct the industry in the standardization, grading, packing, processing, loading, refrigeration, routing, diversion, and distribution of farm products; (b) To carry out research or cooperate with other state or federal agricultural agencies on research work in marketing; (c) To provide any other information and assistance necessary to the efficient selling of farm products; (d) To acquire suitable sites and erect necessary marketing facilities and properly equip, maintain, and operate them for the handling of all staple field crops, meats, fruits and vegetables, poultry and dairy products, and all farm and home products and for selling and loading livestock and other activities determined to be beneficial to the production or sale of agricultural products and to lease this space; (e) To store or refrigerate any meats, vegetables, fruits, poultry, or dairy products; and (f) To employ managers and other help as may be necessary to operate the plants and market products and to charge for these services in an amount sufficient to cover their costs. (19) To protect the dairy interests of the state; and, to that end, it shall enforce those functions, powers, and duties given to it in chapter 502. (20)(a) To stimulate, encourage, and foster the production and consumption of agricultural and agricultural business products; (b) To conduct activities that may foster a be�er understanding and more efficient cooperation among producers, dealers, buyers, food editors, and the consuming public in the promotion and marketing of Florida’s agricultural and agricultural business products; and (c) To sponsor events, trade breakfasts, luncheons, and dinners and distribute promotional materials and favors in connection with meetings, conferences, and conventions of dealers, buyers, food editors, and merchandising executives that will assist in the promotion and marketing of Florida’s agricultural and agricultural business products to the consuming public. The department is authorized to receive and expend donations contributed by private persons for the purpose of covering costs associated with the above described activities. (21) To declare an emergency when one exists in any ma�er pertaining to agriculture; to make, adopt, and promulgate rules and issue orders which will be effective during the term of the emergency; and to issue or require to be issued food safety information, pertaining to the emergency, that is based on reliable scientific facts and reliable scientific data. When the Commissioner of Agriculture has declared an agricultural emergency, no county or municipal ordinance relating to any action intended to end the emergency shall be enforced within a county or municipality with respect to such action taken by the Department of Agriculture and Consumer Services during the agricultural emergency. (22) To hold hearings, administer oaths, subpoena witnesses and documents, and take testimony in all ma�ers relating to the exercise and performance of the powers and duties of the department. Upon the failure or refusal of any witness to obey any subpoena, the department may petition the circuit court having jurisdiction in the county within which the seat of government is located; and, upon proper showing, the court shall enter an order compelling the witness to appear and testify or produce documentary evidence. The failure to obey the order of the court is punishable as a contempt of court. (23) To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it. (24) To promulgate rules pertaining to the inspection of quality, the truthful and honest branding of each package shipped, and the prohibiting of any shipper having the benefit of shipping through the facilities of the department who does not strictly observe and obey such rules in the preparation, packing, and shipping of his or her agricultural products. (25) With the approval of a majority of the Board of Trustees of the Internal Improvement Trust Fund, to sell, exchange, convey, or otherwise dispose of any real property owned or held by it when, in its judgment, the property is not needed for the purpose for which the property was held and cannot be put to any other beneficial use by the department. A deed to any real property owned or held by the department, duly executed by the department and witnessed by a majority of the board of trustees, is sufficient to convey all the right, title, and interest of the department or of the state in and to the property described. (26) To sell, exchange, convey, or otherwise dispose of any personal property and lease any real property owned or held by the department when, in its judgment, the property is not needed for the purpose for which the property was held and cannot be put to any other beneficial use by the department; and to seek, locate, receive, acquire, collect, preserve, exchange, sell, shelter, and exhibit artifacts, relics, and historic items reflective of the history of Florida agriculture. (27) To incur expenses for membership dues in the national and southern associations of state departments of agriculture and other organizations affiliated with agriculture and for presentment of plaques and framed certificates for outstanding service. (28) For purposes of pollution control and the prevention of wildfires, to regulate open burning connected with pile burning as defined in s. 590.125(1), agricultural, or forestry operations. (29) To advance funds monthly to career service employees to be used for the purchase of official state samples for state examination. Each monthly advance shall be in an amount equal to one-twelfth of the actual expenses paid the position for samples in the previous fiscal year or, in the case of a new position, one-twelfth of the expenses paid for samples of a similar classification in the previous fiscal year; however, in the event of unusual circumstances, such advances may be increased for a period not to exceed 60 days. Advances shall be granted only to career service employees who have executed a proper power of a�orney with the department to ensure the collection of such advances if not timely repaid. (30) In conjunction with its inspection duties under chapters 487, 525, and 576, to notify the Department of Environmental Protection of any tank subject to the registration requirements of chapter 17-61, Florida Administrative Code, for which proof of valid registration is not displayed on the tank, on the dispensing or measuring device connected to it, or, where appropriate, in the office or kiosk of the facility where the tank is located. (31) To coordinate its programs to maximize the efficient and strategic use of its resources and to provide information to the consuming public. (32) To receive and accept grants, gifts, and donations to further the mission of the department, except as provided in s. 112.3148. (33) To assist local volunteer and nonprofit organizations in soliciting, collecting, packaging, or delivering surplus fresh fruit and vegetables for distribution pursuant to s. 595.420. The department also may coordinate the development of food recovery programs in the production areas of the state using local volunteer and nonprofit organizations. (34) To adopt policies creating, and providing for the operation of, an employees’ benefit fund. Notwithstanding the provisions of chapter 273, the department may deposit moneys received from the disposition of state-owned tangible personal property, specifically livestock maintained and located at the Doyle E. Conner Agricultural Complex, in the employees’ benefit fund. (35) Under emergency conditions, to authorize the purchase of supplemental nutritional food and drink items, provide meals when personnel cannot leave an emergency incident location, and set temporary meal expenditure limits for employees engaged in physical activity for prolonged periods of time in excess of the rate established by s. 112.061(6), but not to exceed 1$50 per day. (36) If the department, by its own inquiry or as a result of complaints, has reason to believe that a violation of the laws of the state relating to consumer protection has occurred or is occurring, to conduct an investigation, subpoena witnesses and evidence, and administer oaths and affirmations. If, as a result of the investigation, the department has reason to believe a violation of chapter 501 has occurred, the department with the coordination of the Department of Legal Affairs and any state a�orney, if the violation has occurred or is occurring within her or his judicial circuit, shall have the authority to bring an action in accordance with the provisions of chapter 501. (37) If the department, by its own inquiry or as a result of complaints, has reason to believe that a violation of the laws of the state relating to consumer protection has occurred or is occurring, that the interests of the consumers of this state have been damaged or are being damaged, or that the public health, safety, or welfare is endangered or is likely to be endangered by any consumer product or service, to commence legal proceedings in circuit court to enjoin the act or practice or the sale of the product or service and may seek appropriate relief on behalf of consumers. Upon application by the department, a hearing shall be held within 3 days after the commencement of the proceedings. (38) To repair or build structures, from existing appropriations authority, notwithstanding chapters 216 and 255, not to exceed a cost of $250,000 per structure. These structures must meet all applicable building codes. (39) To adopt by rule requirements governing aircraft used for the aerial application of pesticides, fertilizers, or seed, including requirements for recordkeeping, annual aircraft registration, secure storage when not in use, area-of application information, and reporting any sale, lease, purchase, rental, or transfer of such aircraft to another person. (40) To adopt by rule requirements governing the aerial applicator’s secure storage of pesticides and fertilizers. Except as provided in chapters 373, 376, and 403, regulation of the use of pesticides and fertilizers by aerial applicators is expressly preempted to the department. (41)(a) Except as otherwise provided in paragraph (b), to exercise the exclusive authority to regulate the sale, composition, packaging, labeling, wholesale and retail distribution, and formulation, including nutrient content level and release rates, of fertilizer under chapter 576. This subsection expressly preempts such regulation of fertilizer to the state. (b) An ordinance regulating the sale of fertilizer adopted by a county or municipal government before July 1, 2011, is exempt from this subsection, and the county or municipal government may enforce such ordinance within its respective jurisdiction. (42) Notwithstanding the provisions of s. 287.057(22) that require all agencies to use the online procurement system developed by the Department of Management Services, the department may continue to use its own online system. However, vendors utilizing such system shall be prequalified as meeting mandatory requirements and qualifications and shall remit fees pursuant to s. 287.057(22), and any rules implementing s. 287.057. (43) In cooperation with the Institute of Food and Agricultural Sciences at the University of Florida and the College of Agriculture and Food Sciences at the Florida Agricultural and Mechanical University, to annually provide to the State Board of Education and the Department of Education information and industry certifications for farm occupations to be considered for placement on the CAPE Industry Certification Funding List and the CAPE Postsecondary Industry Certification Funding List pursuant to s. 1008.44. Information and industry certifications provided by the department must be based upon the best available data. (44) The department may, in its own name: (a) Perform all things necessary to secure le�ers of patent, copyrights, and trademarks on any work products of the department and enforce its rights therein. (b) License, lease, assign, or otherwise give wri�en consent to any person, firm, or corporation for the manufacture or use of such department work products on a royalty basis or for such other consideration as the department deems proper. (c) Take any action necessary, including legal action, to protect such department work products against improper or unlawful use or infringement. (d) Enforce the collection of any sums due to the department for the manufacture or use of such department work products by another party. (e) Sell any of such department work products and execute all instruments necessary to consummate any such sale. (f) Do all other acts necessary and proper for the execution of powers and duties conferred upon the department by this section, including adopting rules, as necessary, in order to administer this section. (45) To perform food safety inspection services where raw agricultural commodities are grown, produced, harvested, held, packed, or repacked. (46) During a state of emergency declared pursuant to s. 252.36, to waive fees by emergency order for duplicate copies or renewal of permits, licenses, certifications, or other similar types of authorizations during a period specified by the commissioner. History.—s. 1, ch. 59-54; s. 1, ch. 61-407; s. 1, ch. 67-77; ss. 14, 27, 35, ch. 69-106; s. 1, ch. 69-348; s. 1, ch. 71-340; s. 4, ch. 77-114; s. 1, ch. 77-216; s. 6, ch. 78-95; s. 1, ch. 78-396; s. 3, ch. 84-72; s. 32, ch. 86-159; s. 1, ch. 87-78; s. 2, ch. 88-341; s. 1, ch. 90-323; s. 2, ch. 92-4; s. 9, ch. 92-151; s. 6, ch. 92-291; s. 2, ch. 93-169; s. 1, ch. 94-234; s. 12, ch. 94-335; s. 462, ch. 94-356; s. 35, ch. 97-98; s. 885, ch. 97-103; s. 187, ch. 98-200; s. 6, ch. 98-396; s. 23, ch. 2000-308; s. 22, ch. 2001-279; s. 2, ch. 2001-360; s. 29, ch. 2002-295; s. 13, ch. 2002-404; s. 14, ch. 2005-210; s. 23, ch. 2006-79; s. 11, ch. 2007-67; s. 75, ch. 2009-21; s. 3, ch. 2010-25; s. 37, ch. 2010-151; s. 32, ch. 2011-206; s. 5, ch. 2012-83; s. 9, ch. 2013-226; s. 1, ch. 2014-33; s. 59, ch. 2014-150; s. 70, ch. 2015-2; s. 8, ch. 2016-61; s. 34, ch. 2017-85; s. 37, ch. 2018-84. 1Note.—Section 1, ch. 2006-41, amended s. 112.061(6)(a) to revise the maximum amount from $50 to $80. Note.—Former ss. 570.35, 570.39, 570.08. 570.077 Confidentiality of intelligence or investigative information.— (1) Criminal or civil intelligence or investigative information or any other information held by the department as part of a joint or multiagency examination or investigation with another state or federal regulatory, administrative, or criminal justice agency which is confidential or exempt under the laws or regulations of that state or federal agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The department may obtain, use, and release the information in accordance with the conditions imposed by the joint or multiagency agreement. (2) The department may release information that is made confidential and exempt under subsection (1): (a) In the furtherance of its official duties and responsibilities. (b) To another governmental agency in the furtherance of its official duties and responsibilities. (3) The public records exemption provided in subsection (1) does not apply to information held by the department as part of an independent examination or investigation conducted by the department. (4) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature. History.—s. 1, ch. 2016-161. 570.081 Division of work between department and experiment station and extension service.—All of the regulatory work of the state relating to the protection of agricultural interests shall be conducted by the department and all of the demonstrational work shall be conducted by the Extension Service of the University of Florida. The experimental and research work pertaining to agriculture shall be conducted by the Experiment Station of the University of Florida. History.—s. 1, ch. 59-54; s. 3, ch. 61-407; ss. 14, 35, ch. 69-106; s. 71, ch. 2014-150. Note.—Former s. 570.17. 570.09 Assistant commissioner.—The commissioner shall appoint an assistant commissioner of agriculture, who shall serve at the commissioner’s pleasure. Before beginning the duties of the office, the assistant commissioner shall take and subscribe to the same oath of office as required of state officers in s. 5, Art. II of the Florida Constitution. The assistant commissioner shall be a person qualified by training and experience for the performance of the duties of the office. History.—s. 1, ch. 59-54; s. 33, ch. 69-216; s. 1, ch. 74-204; s. 8, ch. 92-291; s. 41, ch. 98-34. 570.091 Deputy commissioners.—The commissioner may appoint no more than three deputy commissioners, who shall serve at the commissioner’s pleasure. The deputy commissioners shall be responsible for the duties assigned by the commissioner or assistant commissioner. History.—s. 9, ch. 92-291; s. 6, ch. 93-169. 570.092 Inspector general.—The commissioner shall appoint an inspector general, who shall be the inspector general as required in s. 20.055, who shall be directly responsible to the commissioner and shall serve at the pleasure of the commissioner. The inspector general shall be responsible for internal affairs investigations, management reviews, and grievances and any other investigations as necessary. The office of the inspector general shall see that all the rules issued by the department are strictly observed by all persons connected with the department. The inspector general and inspectors may enter any place where the department has an office and may review files, consult with employees, or obtain any information as necessary to conduct an investigation. The inspector general and inspectors shall be responsible for criminal and administrative investigation of ma�ers relating to the department. History.—s. 10, ch. 92-291; s. 6, ch. 95-153. 570.10 Counsel.— (1) The department may have a legal staff of full-time a�orneys, one of whom shall be general counsel. (2) The a�orneys of the department shall represent and appear for the department at all actions and proceedings involving any question under this chapter or within the jurisdiction of the department under any general or special law or under or in reference to any act, order, or proceedings of or before the department, and shall, when directed, intervene, if possible, in behalf of the department in any action or proceeding involving or relating to any ma�er within the jurisdiction or powers of the department. (3) The several prosecuting a�orneys of the state shall prosecute all criminal violations of the agricultural laws of this state upon the request of the department. (4) Counsel shall act as counsel for any officer of the department in the conduct of a hearing, investigation, or inquiry executed under authority of the department or as provided in this chapter; advise any officer of the department, when so requested, in regard to all ma�ers in connection with his or her powers and duties; and perform generally all duties and services as counsel of the department which may be reasonably required of them. History.—s. 1, ch. 59-54; s. 2, ch. 61-407; ss. 11, 14, 35, ch. 69-106; s. 146, ch. 73-333; ss. 1, 2, ch. 75-252; s. 7, ch. 93-169; s. 887, ch. 97-103. 570.11 Directors; oath of office.—Before entering upon the duties of his or her office, each director of the department shall take and subscribe to the same oath of office as required of state officers by s. 5, Art. II of the Florida Constitution. Such oath must be filed with the Department of State. History.—s. 1, ch. 59-54; s. 33, ch. 69-216; ss. 10, 35, ch. 69-106; s. 8, ch. 93-169; s. 888, ch. 97-103; s. 43, ch. 98-34. 570.12 Other officers and employees.—There shall be employed or appointed such agents, inspectors, chemists, experts, statisticians, accountants, stenographers, clerks and other assistants and employees, as the department shall deem necessary for the exercise and the performance of the duties of the department under law. Such officers and employees shall be appointed by the department subject to personnel practices which shall be adopted by it and administered by the Division of Administration. The officers and employees of the department who are employed when this chapter takes effect shall continue their employment during the pleasure of the department. History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106. 570.13 Salary of commissioner, officers, and employees; expenses.— (1) The annual salary of the commissioner shall be the amount as provided by law. The salaries of the assistant commissioner, counsel, directors, and all other officers and employees of the department shall be fixed by the department within the limits of funds appropriated for them. (2) The reasonable and necessary travel and other expenses of the commissioner, assistant commissioner, counsel, directors, and other officers and employees of the department, while actually engaged in the performance of their duties, outside of the City of Tallahassee, or if any such officer or employee be in charge of or regularly employed at a branch office of the department, the reasonable and necessary travel and other expenses outside the place such branch office is located, shall be paid from the State Treasury after audit by the Chief Financial Officer of vouchers approved by the department in the amount provided in s. 112.061. History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 9, ch. 93-169; s. 736, ch. 2003-261. 570.15 Access to places of business and vehicles.— (1)(a) Any duly authorized employee of the department shall have full access at all reasonable hours to inspect: 1. All: a. Places of business; b. Factories; c. Farm buildings; d. Carriages; e. Railroad cars; f. Trucks; g. Motor vehicles, except private passenger automobiles with no trailer in tow, travel trailers, camping trailers, van conversions, and motor homes as defined in s. 320.01(1)(b), or pickup trucks not carrying agricultural, horticultural, or livestock products and which have visible access to the entire cargo area, or city, county, state, or federal vehicles; h. Truck and motor vehicle trailers; and i. Vessels which are used or could be used in the production, manufacture, storage, sale, or transportation within the state of any food product; any agricultural, horticultural, or livestock product; or any article or product with respect to which any authority is conferred by law on the department; and 2. All records or documents pertaining thereto. (b) The department may examine and open any package or container of any kind containing or believed to contain any article or product which may be transported, manufactured, sold, or offered for sale in violation of the provisions of this chapter, the rules of the department, or the laws which the department enforces and may inspect the contents and take samples for analysis. (c) If access is refused by the owner, agent, manager, or other person in charge of any premises, or by the owner, driver, operator, or other person in charge of any vehicle, the department employee may apply for, obtain, and execute a search warrant for regulatory inspection under the provisions of this section and ss. 933.20-933.30. The provisions of chapter 933 relating to probable cause do not apply to regulatory inspections under this section. Routine inspections of vehicles shall be conducted in accordance with the administrative standards, including neutral criteria, for conducting these inspections set forth by rules of the department. (2) It is unlawful for the driver of any vehicle, other than one exempted in sub-subparagraph (1)(a)1.g. or one authorized pursuant to subsection (5), to pass any official agricultural inspection station without first stopping and submi�ing the vehicle for inspection. A violation of this subsection constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) Every law enforcement officer is authorized to assist employees of the department in the enforcement of this section. Every law enforcement officer is authorized to stop and detain any vehicle and its driver if the driver has failed to comply with this section until an employee of the department arrives to conduct the inspection required or permi�ed by law. The law enforcement officer may require the driver to return with the vehicle to the agricultural inspection station where the driver failed to stop the vehicle for inspection. (4) No civil or criminal liability shall be imposed upon any person who is authorized to enforce or assist in enforcement of the provisions of this section and who is lawfully engaged in such activity. (5) The department shall establish by rule conditions and criteria by which nonagricultural laden vehicles may pass an agricultural inspection station without stopping for inspection. History.—s. 1, ch. 59-54; s. 1, ch. 75-215; s. 1, ch. 78-180; s. 1, ch. 79-371; s. 1, ch. 79-587; s. 1, ch. 83-237; s. 11, ch. 93-169; s. 1, ch. 93-270; s. 3, ch. 95-141; s. 36, ch. 97-98; s. 889, ch. 97-103; s. 1, ch. 2003-181. 570.191 Agricultural Emergency Eradication Trust Fund.—There is created in the office of the commissioner the Agricultural Emergency Eradication Trust Fund. Funds in the trust fund may be made available for the promotion, advancement, and protection of agriculture in this state, including maintaining or increasing market share and suppressing or eradicating wildfire, animal or plant disease, insect infestation, or a plant or pest that endangers or threatens agriculture. History.—s. 1, ch. 98-110; s. 6, ch. 99-391; ss. 46, 75, ch. 2004-269; s. 11, ch. 2008-107. 570.1912 Funding of Agricultural Emergency Eradication Trust Fund.—In fiscal year 1999-2000 and each year thereafter, there shall be appropriated from the General Revenue Fund to the Agricultural Emergency Eradication Trust Fund an amount equal to the previous year’s transfers into the trust fund from ss. 206.606 and 206.608. History.—s. 8, ch. 98-114; s. 70, ch. 2000-154. 570.192 Administrative Trust Fund.— (1) The Administrative Trust Fund shall be administered by the Department of Agriculture and Consumer Services. (2) Funds to be credited to and uses of the trust fund shall be administered in accordance with s. 215.32. (3) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of a fiscal year shall remain in the trust fund at the end of the year and be available for carrying out the purposes of the trust fund. History.—s. 4, ch. 2014-43. 570.193 Federal Grants Trust Fund.— (1) The Federal Grants Trust Fund shall be administered by the Department of Agriculture and Consumer Services. (2) Funds to be credited to and uses of the trust fund shall be administered in accordance with s. 215.32. (3) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of a fiscal year shall remain in the trust fund at the end of the year and be available for carrying out the purposes of the trust fund. History.—s. 5, ch. 2014-43. 570.194 Florida Saltwater Products Promotion Trust Fund.— (1) The Florida Saltwater Products Promotion Trust Fund shall be administered by the Department of Agriculture and Consumer Services. (2) Funds to be credited to and uses of the trust fund shall be administered in accordance with ss. 328.76 and 379.362. (3) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of a fiscal year shall remain in the trust fund at the end of the year and be available for carrying out the purposes of the trust fund. History.—s. 6, ch. 2014-43. 570.20 General Inspection Trust Fund.— (1) All donations and all inspection fees and other funds authorized and received from whatever source in the enforcement of the inspection laws administered by the department shall be paid into the General Inspection Trust Fund of Florida, which is created in the office of the Chief Financial Officer. All expenses incurred in carrying out the provisions of the inspection laws shall be paid from this fund as other funds are paid from the State Treasury. A percentage of all revenue deposited in this fund, including transfers from any subsidiary accounts, shall be deposited in the General Revenue Fund pursuant to chapter 215, except that funds collected for marketing orders shall pay at the rate of 4 percent. (2) Notwithstanding any other provision of law to the contrary, moneys in the General Inspection Trust Fund may be appropriated for programs operated by the department which are related to the programs authorized by this chapter in addition to the spending authorized in subsection (1). History.—s. 1, ch. 59-54; s. 2, ch. 61-119; s. 4, ch. 61-493; ss. 14, 35, ch. 69-106; s. 9, ch. 83-339; s. 13, ch. 93-169; s. 738, ch. 2003-261; s. 27, ch. 2007-73; s. 39, ch. 2008-153; s. 3, ch. 2009-78; s. 34, ch. 2009-82; s. 30, ch. 2010-153; ss. 36, 82, ch. 2011-47; s. 5, ch. 2011-56. 570.205 Federal Law Enforcement Trust Fund.— (1) The Federal Law Enforcement Trust Fund is created within the Department of Agriculture and Consumer Services. The department may deposit into the trust fund receipts and revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and receipts and revenues received from federal asset-sharing programs. The trust fund is exempt from the service charges imposed by s. 215.20. (2) Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund. History.—s. 1, ch. 98-393; s. 2, ch. 99-72; s. 11, ch. 2001-65. 570.209 Market Improvements Working Capital Trust Fund.—There is hereby created within the department the Market Improvements Working Capital Trust Fund. The fund is established as the sole depository for funds collected by, or appropriated for, agricultural marketing facilities. Only costs associated with the operation, maintenance, and expansion of agricultural marketing facilities shall be paid from the fund. History.—s. 5, ch. 88-341; s. 36, ch. 92-291; s. 93, ch. 2014-150. Note.—Former s. 570.531. 570.21 Publication of department’s bulletins, publications, and reports.— (1) The Divisions of Administration and Marketing and Development may publish bulletins or other publications and reports containing data and statistics and information relating to: (a) Agriculture, agricultural production, agricultural labor, and the agricultural conditions of the state, and their development and improvement to increase farm production and values. (b) The sources, supply, and prices of food; their storage and accumulation at different places; and the quantity and location of the available supply. (c) The market prices of foods. (d) Facilities afforded for transportation, marketing, and distribution of foods within the state. (e) Ma�ers pertaining generally to the production of foods, food safety, the actual food value of articles used in food, and the sale and distribution to the consumer. (f) Investigations, hearings, and inquiries conducted as provided in this chapter; conclusions reached; and the orders and recommendations made. (g) Rules and orders of the department. (h) Any other ma�er of an agricultural nature which the department deems proper and that is not within the jurisdiction of the agricultural experiment station or the agricultural extension service. (2) Such bulletins, publications, reports, rules, and orders and the information contained therein shall be published and distributed in the manner deemed best by the department for the dissemination of knowledge as to the agricultural interest of the state and the production, sale, purchase, storage, marketing, and distribution of food, and the economic and food value of articles used as food. The cost of publishing these materials shall be paid in the same manner as other expenses of the department. Copies of these materials may also be sold to the public at their estimated cost, in accordance with a schedule of charges adopted by the department. History.—s. 1, ch. 59-54; ss. 14, 17, 35, ch. 69-106; s. 1, ch. 73-283; s. 2, ch. 77-289; s. 14, ch. 93-169; s. 2, ch. 93-270; s. 35, ch. 2001-63. 570.22 Service of process.—Process against the department shall be served on the commissioner or in the commissioner’s absence, on the assistant commissioner. History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 891, ch. 97-103. 570.23 State Agricultural Advisory Council.— (1) COMPOSITION.—The State Agricultural Advisory Council is hereby created in the department. (a) The council shall be composed of 33 members with an alternate for each member. Members and their alternates shall be appointed by the commissioner. The dean for extension and the dean for research, Institute of Food and Agricultural Sciences of the University of Florida, and the Vice President for Agricultural Affairs at the University of Florida shall be nonvoting, ex officio members of the council. (b) Membership shall include one citizen-at-large member and alternate who shall be representative of the views of the general public toward agriculture and its activities, but who is not actively engaged in any agricultural pursuit, and one member and alternate qualified to represent each of the 32 agricultural or trade interests enumerated in this section. 1. Producers or growers who are actively engaged in the agricultural areas of: a. Apiary; b. Aquaculture; c. Beef ca�le; d. Citrus; e. Commercial flowers; f. Dairy; g. Field crops; h. Foliage plants; i. Forestry; j. Grapes; k. Horses; l. Ornamental horticulture; m. Poultry; n. Seed; o. Swine; p. Tobacco; q. Tropical fruits; r. Turfgrass; s. Vegetables; or t. Watermelons. 2. Persons actively engaged in the trade of: a. Agricultural limestone; b. Commercial feed; c. Commercial fertilizer; d. Commercial pesticide; e. Food processing and canning, other than meat or citrus; f. Independent agricultural markets; g. Meat processing or packing; h. Phosphate; or i. Retail food stores. 3. Distributors of petroleum or petroleum products. 4. Growers and processors of sugarcane. 5. Licensed veterinarians. (c) With the exception of the citizen-at-large member and alternate, each member and alternate shall be selected from no fewer than two nor more than three nominees submi�ed by recognized statewide organizations representing each agricultural or trade interest enumerated in this section. In the absence of nominations, the commissioner shall appoint persons who otherwise meet the qualifications for nomination and appointment to the council. (d) Alternates shall be appointed for each member and shall serve as alternates for the remainder of the corresponding members’ terms. As terms of current members expire, members and their alternates shall be appointed for 4-year terms and shall serve until their successors are duly qualified and appointed. A vacancy shall be filled for the remainder of an unexpired term in the same manner as an initial appointment. (e) An alternate member shall have all the rights, privileges, and powers of the member for whom he or she is the alternate when that member is absent from this council or any other council to which the member is appointed by designation of his or her position on this council. (f) Any member of the council who fails to a�end three consecutive council meetings without good cause may be removed from the council by the commissioner. (2) POWERS AND DUTIES; MEETINGS; PROCEDURES; RECORDS.—The meetings, powers and duties, procedures, and recordkeeping of the State Agricultural Advisory Council shall be pursuant to s. 570.232. History.—s. 1, ch. 59-54; s. 1, ch. 61-224; s. 1, ch. 63-395; s. 1, ch. 65-459; ss. 14, 35, ch. 69-106; s. 1, ch. 77-71; s. 5, ch. 77-108; s. 1, ch. 78-24; s. 1, ch. 78-196; s. 4, ch. 78-323; ss. 1, 2, ch. 80-11; ss. 1, 4, 5, ch. 81-62; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 7, ch. 84-90; s. 1, ch. 85-37; ss. 2, 4, 5, ch. 87-36; s. 2, ch. 90-323; s. 5, ch. 91-429; s. 11, ch. 92-291; s. 15, ch. 93-169; s. 14, ch. 94-335; s. 892, ch. 97-103; s. 37, ch. 2011-206; s. 73, ch. 2014-150. 570.232 Advisory commi�ees.—From time to time the commissioner may appoint any advisory commi�ee to assist the department with its duties and responsibilities. (1) An advisory commi�ee may exist for no more than 3 years, but may be reestablished as necessary. (2) Each person serving on an advisory commi�ee shall serve at the pleasure of the commissioner. (3) Each advisory commi�ee, whether created by the commissioner or the Legislature, including technical councils, shall be governed by the following provisions, in addition to those specified for that commi�ee: (a) Composition.—Membership and appointments of advisory commi�ees shall be made by the commissioner in accordance with the criteria set forth in the provisions establishing the commi�ee. (b) Powers and duties.—Each advisory commi�ee shall have the power and duty to: 1. Consider and study the entire field relating to its area of responsibility. 2. Consider all ma�ers submi�ed to it by the commissioner or the division directors. 3. Submit proposed legislation and rules to the commissioner. 4. Advise and consult with the commissioner and the division directors of the department, at their request or upon its own initiative, regarding the promulgation, administration, and enforcement of all laws and rules relating to its area of responsibility. 5. Suggest policies and practices for the conduct of departmental business which shall be duly considered by the commissioner or division directors. (4) The advisory commi�ee shall meet at least annually and elect a chair, a vice chair, and a secretary for 1-year terms. (5) Each advisory commi�ee 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 the times prescribed by its rules of procedure. (6) The department shall provide administrative and staff support services to the commi�ee and shall provide suitable space in the offices of the department for the meetings and records of the commi�ee. (7) In conducting its meetings, each advisory commi�ee shall use accepted rules of procedure. The secretary shall keep a complete record of the proceedings of each meeting, which shall show the names of the members present and the actions taken. These records shall be kept on file with the department, and records and other documents about ma�ers within the jurisdiction of the advisory commi�ee shall be subject to inspection by the members of the advisory commi�ee. (8) A majority of the members shall constitute a quorum, and action by a majority of a quorum shall be official. (9) Notwithstanding s. 20.052(4)(d), members of each advisory commi�ee, council, board, working group, task force, or other advisory body created by law within the department or created by the department under this section may not be reimbursed for per diem or travel expenses as provided in s. 112.061. History.—s. 9, ch. 92-151; s. 2, ch. 93-169; s. 12, ch. 94-335; s. 886, ch. 97-103; s. 153, ch. 2010-102; s. 34, ch. 2011-206; s. 15, ch. 2012-190; s. 60, ch. 2014-150. Note.—Former s. 570.07(33), (34); s. 570.0705. PART II PROGRAM SERVICES 570.30 Division of Administration; powers and duties. 570.31 Director; duties. 570.32 Division of Plant Industry; powers and duties. 570.321 Plant Industry Trust Fund. 570.33 Director; qualifications; duties. 570.36 Division of Animal Industry; powers and duties. 570.37 Director; qualifications; duties. 570.44 Division of Agricultural Environmental Services; powers and duties. 570.441 Pest Control Trust Fund. 570.45 Director; duties. 570.451 Agricultural Feed, Seed, and Fertilizer Advisory Council. 570.48 Division of Fruit and Vegetables; powers and duties; records. 570.482 Citrus Inspection Trust Fund. 570.49 Director; duties. 570.50 Division of Food Safety; powers and duties. 570.51 Director; qualifications; duties. 570.53 Division of Marketing and Development; powers and duties. 570.54 Director; duties. 570.543 Florida Consumers’ Council. 570.544 Division of Consumer Services; director; powers; processing of complaints; records. 570.548 Florida Forest Service; powers and duties. 570.5481 Incidental Trust Fund. 570.549 Director; duties. 570.61 Division of Aquaculture; powers and duties. 570.62 Director; duties. 570.64 Division of Food, Nutrition, and Wellness. 570.65 Department of Agriculture and Consumer Services, law enforcement officers. 570.66 Department of Agriculture and Consumer Services; water policy. 570.67 Office of Energy. 570.68 Office of Agriculture Technology Services. 570.681 Florida Agriculture Center and Horse Park; legislative findings. 570.685 Florida Agriculture Center and Horse Park Authority. 570.686 Agriculture Center and Horse Park Authority; donor identity; records; confidentiality. 570.69 Definitions; ss. 570.69 and 570.691. 570.691 Direct-support organization. 570.692 Florida Agricultural Museum. https://www.flsenate.gov/Laws/Statutes/2018/Chapter570/PART II/