HB 7075

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 482.021, F.S.; revising the
4	definitions of the terms "employee" and "independent
5	contractor" for purposes of pest control regulation;
6	amending s. 482.051, F.S.; revising certain requirements
7	of the department to adopt rules relating to the use of
8	pesticides for preventing subterranean termites in new
9	construction; amending s. 482.091, F.S.; clarifying
10	provisions governing the performance of pest control
11	services; amending s. 482.156, F.S.; requiring
12	certification of individual commercial landscape
13	maintenance personnel; revising the types of materials
14	such personnel may use; removing obsolete provisions
15	relating to fees; revising criteria for eligibility to
16	take the commercial landscape maintenance personnel
17	examination; clarifying requirements relating to proof of
18	education and insurance; amending s. 482.211, F.S.;
19	clarifying exemption of certain mosquito-control
20	activities from regulation; amending s. 500.033, F.S.;
21	renaming the Florida Food Safety and Food Security
22	Advisory Council as the Florida Food Safety and Food
23	Defense Advisory Council and revising duties accordingly;
24	creating s. 570.954, F.S.; creating the Farm-to-Fuel
25	Initiative; providing the purpose of the initiative and
26	authorizing the department to conduct an education
27	program; providing for coordination between the department
28	and the Department of Environmental Protection; amending
29	s. 582.06, F.S.; revising the membership of the Soil and
30	Water Conservation Council; amending s. 828.30, F.S.;
31	updating references to the Rabies Vaccination Certificate;
32	amending s. 403.067, F.S.; clarifying rules adopted by the
33	department relating to best-management practices;
34	clarifying the authority for certain measures to be
35	implemented by the Department of Environmental Protection
36	for certain water bodies; limiting eligibility for
37	presumption of compliance and release; designating the
38	"Austin Dewey Gay Agricultural Inspection Station" in
39	Escambia County; amending s. 500.12, F.S.; exempting
40	certain producers of sugar cane or sorghum syrup from
41	permitting requirements; amending s. 570.249, F.S.;
42	expanding the conditions under which loan funds to certain
43	agricultural producers may be granted; increasing the
44	maximum amount of a loan; providing definitions; amending
45	s. 810.09, F.S.; providing criminal penalties for
46	trespassing on certain property; requiring warning
47	signage; amending s. 810.011, F.S.; defining the term
48	"agricultural chemicals manufacturing facility"; providing
49	for certain ad valorem taxation for agricultural equipment
50	under certain circumstances; amending s. 601.992, F.S.;
51	authorizing the Department of Citrus or the Department of
52	Agriculture and Consumer Services to collect or require
53	the collection of certain financial payments for certain
54	not-for-profit entities under certain circumstances;
55	authorizing fees and rulemaking; amending s. 212.0501,
56	F.S.; excluding from application of the sales and use tax
57	diesel fuel used in certain farming vehicles or for
58	certain farming purposes; amending s. 212.08, F.S.;
59	exempting from the sales and use tax electricity used for
60	specified agricultural purposes; providing application;
61	providing a conclusive presumption of taxable use under
62	certain circumstances; providing effective dates.
63
64	Be It Enacted by the Legislature of the State of Florida:
65
66	Section 1.  Subsections (7) and (12) of section 482.021,
67	Florida Statutes, are amended to read:
68	482.021  Definitions.--For the purposes of this chapter,
69	and unless otherwise required by the context, the term:
70	(7)  "Employee" means a person who is employed by a
71	licensee that provides that person with necessary training,
72	supervision, pesticides, equipment, and insurance and who
73	receives compensation from and is under the personal supervision
74	and direct control of the licensee's certified operator in
75	charge and licensee from whose which compensation of the
76	licensee regularly deducts and matches federal insurance
77	contributions and federal income and Social Security taxes.
78	(12)  "Independent contractor" means an entity separate
79	from the licensee that:
80	(a)  Receives moneys from a customer which are deposited in
81	a bank account other than that of the licensee;
82	(b)  Owns or supplies its own service vehicle, equipment,
83	and pesticides; or
84	(c)  Maintains a business operation, office, or support
85	staff independent of the licensee's direct control;
86	(d)  Pays its own operating expenses such as fuel,
87	equipment, pesticides, and materials; or
88	(e)(c)  Pays its own workers' worker's compensation as an
89	independent contractor.
90	Section 2.  Subsection (5) of section 482.051, Florida
91	Statutes, is amended to read:
92	482.051  Rules.--The department has authority to adopt
93	rules pursuant to ss. 120.536(1) and 120.54 to implement the
94	provisions of this chapter. Prior to proposing the adoption of a
95	rule, the department shall counsel with members of the pest
96	control industry concerning the proposed rule. The department
97	shall adopt rules for the protection of the health, safety, and
98	welfare of pest control employees and the general public which
99	require:
100	(5)  That any pesticide used as the primary preventive
101	treatment for preconstruction treatments for the prevention of
102	subterranean termites in new construction be applied in the
103	amount, concentration, and treatment area in accordance with the
104	label; that a copy of the label of the registered pesticide
105	being applied be carried in a vehicle at the site where the
106	pesticide is being applied; and that the licensee maintain for 3
107	years the record of each preconstruction treatment, indicating
108	the date of treatment, the location or address of the property
109	treated, the total square footage of the structure treated, the
110	type of pesticide applied, the concentration of each substance
111	in the mixture applied, and the total amount of pesticide
112	applied.
113	Section 3.  Paragraph (a) of subsection (2) of section
114	482.091, Florida Statutes, is amended to read:
115	482.091  Employee identification cards.--
116	(2)(a)  An identification cardholder must be an employee of
117	the licensee and work under the direction and supervision of the
118	licensee's certified operator in charge and shall may not be an
119	independent contractor. An identification cardholder shall
120	operate may perform only pest control services out of, and or
121	for customers assigned arising from, the licensee's licensed
122	business location. An identification cardholder shall may not
123	perform any pest control independently of and without the
124	knowledge of the licensee and the licensee's certified operator
125	in charge and shall may perform pest control only for the
126	licensee's customers.
127	Section 4.  Subsections (1), (2), and (3) of section
128	482.156, Florida Statutes, are amended to read:
129	482.156  Limited certification for commercial landscape
130	maintenance personnel.--
131	(1)  The department shall establish a limited certification
132	category for individual commercial landscape maintenance
133	personnel to authorize them to apply herbicides for controlling
134	weeds in plant beds and to perform integrated pest management on
135	ornamental plants using the following materials: insecticides
136	and fungicides having the signal word "caution" but not having
137	the word "warning" or "danger" on the label, insecticidal soaps,
138	horticultural oils, and bacillus thuringiensis formulations. The
139	application equipment that may be used by a person certified
140	pursuant to this section is limited to portable, handheld 3-
141	gallon compressed air sprayers or backpack sprayers having no
142	more than a 5-gallon capacity and does not include power
143	equipment.
144	(2)(a)  A person seeking limited certification under this
145	section must pass an examination given by the department. Each
146	application for examination must be accompanied by an
147	examination fee set by rule of the department, in an amount of
148	not more than $150 or less than $50; however, until a rule
149	setting this fee is adopted by the department, the examination
150	fee is $50. Prior to the department's issuing a limited
151	certification under this section, each person applying making
152	application for the certification under this section must
153	furnish proof of having a certificate of insurance which states
154	that the employer meets the requirements for minimum financial
155	responsibility for bodily injury and property damage required by
156	s. 482.071(4).
157	(b)  To be eligible to take the examination, an applicant
158	must have completed 6 8 classroom hours of plant bed and
159	ornamental continuing education training approved by the
160	department and provide sufficient proof, according to criteria
161	established by department rule, that the applicant has been in
162	the landscape maintenance business for at least 3 years.
163	(b)  The department shall provide the appropriate reference
164	materials for the examination and make the examination readily
165	accessible and available to applicants at least quarterly or as
166	necessary in each county.
167	(3)  An application for recertification under this section
168	must be made annually and be accompanied by a recertification
169	fee set by rule of the department, in an amount of not more than
170	$75 or less than $25; however, until a rule setting this fee is
171	adopted by the department, the fee for recertification is $25.
172	The application must also be accompanied by proof of having
173	completed 4 classroom hours of acceptable continuing education
174	and the same proof of having a certificate of insurance as is
175	required for issuance of this initial certification. After a
176	grace period not exceeding 30 calendar days following the annual
177	date that recertification is due, a late renewal charge of $50
178	shall be assessed and must be paid in addition to the renewal
179	fee. Unless timely recertified, a certificate automatically
180	expires 180 calendar days after the anniversary recertification
181	date. Subsequent to such expiration, a certificate may be issued
182	only upon successful reexamination and upon payment of the
183	examination fees due.
184	Section 5.  Subsection (7) of section 482.211, Florida
185	Statutes, is amended to read:
186	482.211  Exemptions.--This chapter does not apply to:
187	(7)  Area Mosquito control activities conducted by a local
188	government or district established under chapter 388 or by
189	special act or by a contractor of the local government or
190	district.
191	Section 6.  Section 500.033, Florida Statutes, is amended
192	to read:
193	500.033  Florida Food Safety and Food Defense Security
194	Advisory Council.--
195	(1)  There is created the Florida Food Safety and Food
196	Defense Security Advisory Council for the purpose of serving as
197	a forum for presenting, investigating, and evaluating issues of
198	current importance to the assurance of a safe and secure food
199	supply to the citizens of Florida. The Florida Food Safety and
200	Food Defense Security Advisory Council shall consist of, but not
201	be limited to: the Commissioner of Agriculture or his or her
202	designee; the Secretary of Health or his or her designee; the
203	Secretary of Business and Professional Regulation or his or her
204	designee; the person responsible for domestic security with the
205	Florida Department of Law Enforcement; members representing the
206	production, processing, distribution, and sale of foods;
207	consumers or and/or members of citizens groups; representatives
208	of or food industry groups; scientists or other experts in
209	aspects of food safety from state universities; representatives
210	from local, state, and federal agencies that are charged with
211	responsibilities for food safety or food defense security; the
212	chairs of the Agriculture Committees of the Senate and the House
213	of Representatives or their designees; and the chairs of the
214	committees of the Senate and the House of Representatives with
215	jurisdictional oversight of home defense issues or their
216	designees. The Commissioner of Agriculture shall appoint the
217	remaining members. The council shall make periodic reports to
218	the Department of Agriculture and Consumer Services concerning
219	findings and recommendations in the area of food safety and food
220	defense security.
221	(2)  The council shall consider the development of
222	appropriate advice or recommendations on food safety or food
223	defense security issues. In the discharge of their duties, the
224	council members may receive for review confidential data exempt
225	from the provisions of s. 119.07(1); however, it is unlawful for
226	any member of the council to use the data for his or her
227	advantage or reveal the data to the general public.
228	Section 7.  Section 570.954, Florida Statutes, is created
229	to read:
230	570.954  Farm-to-fuel initiative.--
231	(1)  The department may develop a farm-to-fuel initiative
232	to enhance the market for and promote the production and
233	distribution of renewable energy from Florida-grown crops,
234	agricultural wastes and residues, and other biomass and to
235	enhance the value of agricultural products or expand
236	agribusiness in the state.
237	(2)  The department may conduct a statewide comprehensive
238	information and education program aimed at educating the general
239	public about the benefits of renewable energy and the use of
240	alternative fuels.
241	(3)  The department shall coordinate with and solicit the
242	expertise of the state energy office within the Department of
243	Environmental Protection when developing and implementing this
244	initiative.
245	Section 8.  Paragraphs (b) and (c) of subsection (1) of
246	section 582.06, Florida Statutes, are amended to read:
247	582.06  Soil and Water Conservation Council; powers and
248	duties.--
249	(1)  COMPOSITION.--The Soil and Water Conservation Council
250	is created in the Department of Agriculture and Consumer
251	Services and shall be composed of 23 members as follows:
252	(b)  Twelve nonvoting ex officio members shall include one
253	representative each from the Department of Environmental
254	Protection, the five water management districts, the Institute
255	of Food and Agricultural Sciences at the University of Florida,
256	the United States Department of Agriculture Natural Resources
257	Conservation Service, the Florida Association of Counties, and
258	the Florida League of Cities, and two representatives of
259	environmental interests.
260	(c)  All members shall be appointed by the commissioner. Ex
261	officio Members appointed pursuant to paragraph (b) shall be
262	appointed by the commissioner from recommendations provided by
263	the organization or interest represented.
264	Section 9.  Subsection (3) of section 828.30, Florida
265	Statutes, is amended to read:
266	828.30  Rabies vaccination of dogs, cats, and ferrets.--
267	(3)  Upon vaccination against rabies, the licensed
268	veterinarian shall provide the animal's owner and the animal
269	control authority with a rabies vaccination certificate. Each
270	animal control authority and veterinarian shall use the Form 51,
271	"Rabies Vaccination Certificate," of the National Association of
272	State Public Health Veterinarians (NASPHV) or an equivalent form
273	approved by the local government that contains all the
274	information required by the NASPHV Rabies Vaccination
275	Certificate Form 51. The veterinarian who administers the rabies
276	vaccine to an animal as required under this section may affix
277	his or her signature stamp in lieu of an actual signature.
278	Section 10.  Paragraph (c) of subsection (7) and subsection
279	(11) of section 403.067, Florida Statutes, are amended to read:
280	403.067  Establishment and implementation of total maximum
281	daily loads.--
282	(7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
283	IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
284	(c)  Best management practices.--
285	1.  The department, in cooperation with the water
286	management districts and other interested parties, as
287	appropriate, may develop suitable interim measures, best
288	management practices, or other measures necessary to achieve the
289	level of pollution reduction established by the department for
290	nonagricultural nonpoint pollutant sources in allocations
291	developed pursuant to subsection (6) and this subsection. These
292	practices and measures may be adopted by rule by the department
293	and the water management districts pursuant to ss. 120.536(1)
294	and 120.54, and, where adopted by rule, shall be implemented by
295	those parties responsible for nonagricultural nonpoint source
296	pollution.
297	2.  The Department of Agriculture and Consumer Services may
298	develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
299	suitable interim measures, best management practices, or other
300	measures necessary to achieve the level of pollution reduction
301	established by the department for agricultural pollutant sources
302	in allocations developed pursuant to subsection (6) and this
303	subsection or for programs implemented pursuant to paragraph
304	(11)(b). These practices and measures may be implemented by
305	those parties responsible for agricultural pollutant sources and
306	the department, the water management districts, and the
307	Department of Agriculture and Consumer Services shall assist
308	with implementation. In the process of developing and adopting
309	rules for interim measures, best management practices, or other
310	measures, the Department of Agriculture and Consumer Services
311	shall consult with the department, the Department of Health, the
312	water management districts, representatives from affected
313	farming groups, and environmental group representatives. Such
314	rules shall also incorporate provisions for a notice of intent
315	to implement the practices and a system to assure the
316	implementation of the practices, including recordkeeping
317	requirements.
318	3.  Where interim measures, best management practices, or
319	other measures are adopted by rule, the effectiveness of such
320	practices in achieving the levels of pollution reduction
321	established in allocations developed by the department pursuant
322	to subsection (6) and this subsection or in programs implemented
323	pursuant to paragraph (11)(b) shall be verified at
324	representative sites by the department. The department shall use
325	best professional judgment in making the initial verification
326	that the best management practices are reasonably expected to be
327	effective and, where applicable, shall notify the appropriate
328	water management district or and the Department of Agriculture
329	and Consumer Services of its initial verification prior to the
330	adoption of a rule proposed pursuant to this paragraph.
331	Implementation, in accordance with rules adopted under this
332	paragraph, of practices that have been initially verified to be
333	effective, or verified to be effective by monitoring at
334	representative sites, by the department, shall provide a
335	presumption of compliance with state water quality standards and
336	release from the provisions of s. 376.307(5) for those
337	pollutants addressed by the practices, and the department is not
338	authorized to institute proceedings against the owner of the
339	source of pollution to recover costs or damages associated with
340	the contamination of surface water or groundwater caused by
341	those pollutants. Research projects funded by the department, a
342	water management district, or the Department of Agriculture and
343	Consumer Services to develop or demonstrate interim measures or
344	best management practices shall be granted a presumption of
345	compliance with state water quality standards and a release from
346	the provisions of s. 376.307(5). The presumption of compliance
347	and release shall be limited to the research site and only for
348	those pollutants addressed by the interim measures or best
349	management practices. Eligibility for the presumption of
350	compliance and release shall be limited to research projects on
351	sites where the owner or operator of the research site and the
352	department, a water management district, or the Department of
353	Agriculture and Consumer Services have entered into a contract
354	or other agreement that, at a minimum, specifies the research
355	objectives, the cost-share responsibilities of the parties, and
356	a schedule that details the beginning and ending dates of the
357	project.
358	4.  Where water quality problems are demonstrated, despite
359	the appropriate implementation, operation, and maintenance of
360	best management practices and other measures according to rules
361	adopted under this paragraph, the department, a water management
362	district, or the Department of Agriculture and Consumer
363	Services, in consultation with the department, shall institute a
364	reevaluation of the best management practice or other measure.
365	Should the reevaluation determine that the best management
366	practice or other measure requires modification, the department,
367	a water management district, or the Department of Agriculture
368	and Consumer Services, as appropriate, shall revise the rule to
369	require implementation of the modified practice within a
370	reasonable time period as specified in the rule.
371	5.  Individual agricultural records relating to processes
372	or methods of production, or relating to costs of production,
373	profits, or other financial information which are otherwise not
374	public records, which are reported to the Department of
375	Agriculture and Consumer Services pursuant to subparagraphs 3.
376	and 4. or pursuant to any rule adopted pursuant to subparagraph
377	2. shall be confidential and exempt from s. 119.07(1) and s.
378	24(a), Art. I of the State Constitution. Upon request of the
379	department or any water management district, the Department of
380	Agriculture and Consumer Services shall make such individual
381	agricultural records available to that agency, provided that the
382	confidentiality specified by this subparagraph for such records
383	is maintained. This subparagraph is subject to the Open
384	Government Sunset Review Act of 1995 in accordance with s.
385	119.15, and shall stand repealed on October 2, 2006, unless
386	reviewed and saved from repeal through reenactment by the
387	Legislature.
388	6.  The provisions of subparagraphs 1. and 2. shall not
389	preclude the department or water management district from
390	requiring compliance with water quality standards or with
391	current best management practice requirements set forth in any
392	applicable regulatory program authorized by law for the purpose
393	of protecting water quality. Additionally, subparagraphs 1. and
394	2. are applicable only to the extent that they do not conflict
395	with any rules adopted by the department that are necessary to
396	maintain a federally delegated or approved program.
397	(11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--
398	(a)  The department shall not implement, without prior
399	legislative approval, any additional regulatory authority
400	pursuant to s. 303(d) of the Clean Water Act or 40 C.F.R. part
401	130, if such implementation would result in water quality
402	discharge regulation of activities not currently subject to
403	regulation.
404	(b)  Interim measures, best management practices, or other
405	measures may be developed and voluntarily implemented pursuant
406	to paragraph subparagraphs (7)(c)1. and 2. for any water body or
407	segment for which a total maximum daily load or allocation has
408	not been established. The implementation of such pollution
409	control programs may be considered by the department in the
410	determination made pursuant to subsection (4).
411	Section 11.  Austin Dewey Gay Agricultural Inspection
412	Station designated; department to erect suitable markers.--
413	(1)  The agricultural inspection station located at or near
414	mile marker 1 on Interstate Highway 10 in Escambia County is
415	designated as "Austin Dewey Gay Memorial Agricultural Inspection
416	Station."
417	(2)  The Department of Agriculture and Consumer Services is
418	directed to erect suitable markers designating the Austin Dewey
419	Gay Memorial Agricultural Inspection Station as described in
420	subsection (1).
421	Section 12.  Paragraph (a) of subsection (1) of section
422	500.12, Florida Statutes, is amended to read:
423	500.12  Food permits; building permits.--
424	(1)(a)  A food permit from the department is required of
425	any person who operates a food establishment or retail food
426	store, except:
427	1.  Persons operating minor food outlets, including, but
428	not limited to, video stores, that sell commercially
429	prepackaged, nonpotentially hazardous candy, chewing gum, soda,
430	or popcorn, provided the shelf space for those items does not
431	exceed 12 linear feet and no other food is sold by the minor
432	food outlet.
433	2.  Persons subject to continuous, onsite federal or state
434	inspection.
435	3.  Persons selling only legumes in the shell, either
436	parched, roasted, or boiled.
437	4.  Persons selling sugar cane or sorghum syrup that has
438	been boiled and bottled on a premise located within the state.
439	Such bottles must contain a label listing the producer's name
440	and street address, all added ingredients, the net weight or
441	volume of product, and a statement that reads "This product has
442	not been produced in a facility permitted by the Florida
443	Department of Agriculture and Consumer Services."
444	Section 13.  Subsection (1) of section 570.249, Florida
445	Statutes, is amended to read:
446	570.249  Agricultural Economic Development Program disaster
447	loans and grants and aid.--
448	(1)  USE OF LOAN FUNDS.--
449	(a)  Loan funds to agricultural producers who have
450	experienced crop losses from a natural disaster or a
451	socioeconomic condition or event may be used to:
452	1.  Restore or replace essential physical property or
453	remove debris from essential physical property., such as
454	animals, fences, equipment, structural production facilities,
455	and orchard trees;
456	2.  Pay all or part of production costs associated with the
457	disaster year.;
458	3.  Pay essential family living expenses.; and
459	4.  Restructure farm debts.
460	(b)  To be eligible, agricultural producers must have a
461	parcel or parcels of land in production not exceeding 300 acres.
462	(c)  Funds may be issued as direct loans, or as loan
463	guarantees for up to 90 percent of the total loan, in amounts
464	not less than $30,000 nor more than $300,000 $250,000.
465	Applicants must provide at least 10 percent equity.
466	(d)  For purposes of this subsection, the term:
467	1.  "Losses" means loss or damage to crops, agricultural
468	products, agricultural facilities, infrastructure, or farmworker
469	housing.
470	2.  "Essential physical property" means fences, equipment,
471	structural production facilities such as shade houses and
472	greenhouses, other agricultural facilities, infrastructure, or
473	farmworker housing.
474	Section 14.  Paragraph (h) is added to subsection (2) of
475	section 810.09, Florida Statutes, to read:
476	810.09  Trespass on property other than structure or
477	conveyance.--
478	(2)
479	(h)  The offender commits a felony of the third degree,
480	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
481	if the property trespassed upon is an agricultural chemicals
482	manufacturing facility that is legally posted and identified in
483	substantially the following manner: "THIS AREA IS A DESIGNATED
484	AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO
485	TRESPASSES ON THIS PROPERTY COMMITS A FELONY."
486	Section 15.  Subsection (12) is added to section 810.011,
487	Florida Statutes, to read:
488	810.011  Definitions.--As used in this chapter:
489	(12)  "Agricultural chemicals manufacturing facility" means
490	any facility, and any properties or structures associated with
491	the facility, used for the manufacture, processing, or storage
492	of agricultural chemicals classified in Industry Group 287
493	contained in the Standard Industrial Classification Manual,
494	1987, as published by the Office of Management and Budget,
495	Executive Office of the President.
496	Section 16.  Assessment of obsolete agricultural
497	equipment.--
498	(1)  For purposes of ad valorem property taxation,
499	agricultural equipment that is located on property classified as
500	agricultural under s. 193.461, Florida Statutes, and that is no
501	longer usable for its intended purpose shall be deemed to have a
502	market value no greater than its value for salvage.
503	(2)  This section shall take effect January 1, 2007.
504	Section 17.  Section 601.992, Florida Statutes, is amended
505	to read:
506	601.992  Collection of dues and other payments on behalf of
507	certain nonprofit corporations engaged in market news and grower
508	education.--The Florida Department of Citrus or the Department
509	of Agriculture and Consumer Services or their successors its
510	successor may collect or compel the entities regulated by the
511	department to collect dues, contributions, or any other
512	financial payment upon request by, and on behalf of, any not-
513	for-profit corporation, and its related not-for-profit
514	corporations, located in this state which receives payments or
515	dues from its members.  Such not-for-profit corporation must be
516	engaged, to the exclusion of agricultural commodities other than
517	citrus, in market news and grower education solely for citrus
518	growers, and must have at least 5,000 members who are engaged in
519	growing citrus in this state for commercial sale. The department
520	may adopt rules pursuant to ss. 120.536(1) and 120.54 to
521	implement this section. The rules may establish indemnity
522	requirements for the requesting corporation and for fees to be
523	charged to the corporation which are sufficient but do not
524	exceed the amount necessary to ensure that any direct costs
525	incurred by the department in implementing this section are
526	borne by the requesting corporation and not by the department.
527	Section 18.  Subsection (3) of section 212.0501, Florida
528	Statutes, is amended to read:
529	212.0501  Tax on diesel fuel for business purposes;
530	purchase, storage, and use.--
531	(3)  For purposes of this section, "consumption, use, or
532	storage by a trade or business" does not include those uses of
533	diesel fuel specifically exempt on account of residential
534	purposes, or in any tractor, vehicle, or other equipment used
535	exclusively on a farm or for processing farm products on the
536	farm, no part of which diesel fuel is used in any licensed motor
537	vehicle on the public highways of this state on account of
538	agricultural purposes as defined in s. 212.08(5), or the
539	purchase or storage of diesel fuel held for resale.
540	Section 19.  Paragraph (e) of subsection (5) of section
541	212.08, Florida Statutes, is amended to read:
542	212.08  Sales, rental, use, consumption, distribution, and
543	storage tax; specified exemptions.--The sale at retail, the
544	rental, the use, the consumption, the distribution, and the
545	storage to be used or consumed in this state of the following
546	are hereby specifically exempt from the tax imposed by this
547	chapter.
548	(5)  EXEMPTIONS; ACCOUNT OF USE.--
549	(e)1.  Gas used for certain agricultural purposes.--Butane
550	gas, propane gas, natural gas, and all other forms of liquefied
551	petroleum gases are exempt from the tax imposed by this chapter
552	if used in any tractor, vehicle, or other farm equipment which
553	is used exclusively on a farm or for processing farm products on
554	the farm and no part of which gas is used in any vehicle or
555	equipment driven or operated on the public highways of this
556	state. This restriction does not apply to the movement of farm
557	vehicles or farm equipment between farms. The transporting of
558	bees by water and the operating of equipment used in the apiary
559	of a beekeeper is also deemed an exempt use.
560	2.  Electricity used for certain agricultural purposes.--
561	Electricity used directly and exclusively for production or
562	processing of agricultural products on the farm is exempt from
563	the tax imposed by this chapter. This exemption applies only if
564	the electricity used for the exempt purposes is separately
565	metered. If the electricity is not separately metered, it is
566	conclusively presumed that some portion of the electricity is
567	used for a nonexempt purpose, and all of the electricity used
568	for such purposes is taxable.
569	Section 20.  Except as otherwise expressly provided in this
570	act, this act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.