Amendment
Bill No. CS/SB 1744

Amendment No. 079789

CHAMBER ACTION
Senate		House
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1	Representative Poppell offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (3) of section 482.2401, Florida
6	Statutes, is amended to read:
7	482.2401  Disposition and use of revenues from fees and
8	fines.--
9	(3)  The department may use All revenues from
10	administrative fines shall be used to support contract research
11	or education in pest control. If revenues are available to
12	support such research or education, the department shall appoint
13	a committee composed of pest control industry members which
14	shall assist the department in establishing research or
15	education priorities, in developing requests for proposals for
16	bids, and in selecting research or education contractors from
17	qualified bidders.
18	Section 2.  Effective upon this act becoming a law and
19	retroactive to January 1, 2009, subsections (1) and (2) of
20	section 487.041, Florida Statutes, as amended by section 14 of
21	chapter 2009-20, Laws of Florida, are amended to read:
22	487.041  Registration.--
23	(1)(a)  Effective January 1, 2009, each brand of pesticide,
24	as defined in s. 487.021, which is distributed, sold, or offered
25	for sale, except as provided in this section, within this state
26	or delivered for transportation or transported in intrastate
27	commerce or between points within this state through any point
28	outside this state must be registered in the office of the
29	department, and such registration shall be renewed biennially.
30	Emergency exemptions from registration may be authorized in
31	accordance with the rules of the department. The registrant
32	shall file with the department a statement including:
33	1.  The name, business mailing address, and street address
34	of the registrant.
35	2.  The name of the brand of pesticide.
36	3.  An ingredient statement and a complete copy of the
37	labeling accompanying the brand of the pesticide, which must
38	conform to the registration, and a statement of all claims to be
39	made for it, including directions for use and a guaranteed
40	analysis showing the names and percentages by weight of each
41	active ingredient, the total percentage of inert ingredients,
42	and the names and percentages by weight of each "added
43	ingredient."
44	(b)  Effective January 1, 2009, for the purpose of
45	defraying expenses of the department in connection with carrying
46	out the provisions of this part, each registrant person shall
47	pay a biennial registration fee for each registered brand of
48	pesticide. The registration of each brand of pesticide shall
49	cover a designated 2-year period beginning on January 1 of each
50	odd-numbered year and expiring on December 31 of the following
51	year.
52	(c)  Each registration issued by the department to a
53	registrant for a period beginning in an odd-numbered year shall
54	be assessed a fee of $700 per brand of pesticide and a fee of
55	$200 for each special local need label and experimental use
56	permit, and the registration shall expire on December 31 of the
57	following year. Each registration issued by the department to a
58	registrant for a period beginning in an even-numbered year shall
59	be assessed a fee of $350 per brand of pesticide and fee of $100
60	for each special local need label and experimental use permit,
61	and the registration shall expire on December 31 of that year.
62	(d)1.  Effective January 1, 2009, in addition to the fees
63	assessed pursuant to paragraphs (b) and (c), for the purpose of
64	defraying the expenses of the department for testing pesticides
65	for food safety, each registrant shall pay a supplemental
66	biennial registration fee for each registered brand of pesticide
67	that contains an active ingredient for which the United States
68	Environmental Protection Agency has established a food tolerance
69	limit in 40 C.F.R. part 180. The department shall biennially
70	publish by rule a list of the pesticide active ingredients for
71	which a brand of pesticide is subject to the supplemental
72	registration fee.
73	2.  Each registration issued by the department to a
74	registrant for a period beginning in an odd-numbered year shall
75	be assessed a supplemental registration fee of $630 per brand of
76	pesticide that is subject to the fee pursuant to subparagraph 1.
77	Each registration issued by the department to a registrant for a
78	period beginning in an even-numbered year shall be assessed a
79	supplemental registration fee of $315 per brand of pesticide
80	that is subject to the fee pursuant to subparagraph 1. The
81	department shall retroactively assess the supplemental
82	registration fee for each brand of pesticide that registered on
83	or after January 1, 2009, and that is subject to the fee
84	pursuant to subparagraph 1.
85	(e)(d)  All revenues collected, less those costs determined
86	by the department to be nonrecurring or one-time costs, shall be
87	deferred over the 2-year registration period, deposited in the
88	General Inspection Trust Fund, and used by the department in
89	carrying out the provisions of this chapter. Revenues collected
90	from the supplemental registration fee may also be used by the
91	department for testing pesticides for food safety.
92	(f)(e)  If the renewal of a brand of pesticide, including
93	the special local need label and experimental use permit, is not
94	filed by January 31 of the renewal year, an additional fee of
95	$25 per brand of pesticide shall be assessed per month and added
96	to the original fee. This additional fee may not exceed $250 per
97	brand of pesticide. The additional fee must be paid by the
98	registrant before the renewal certificate for the registration
99	of the brand of pesticide is issued. The additional fee shall be
100	deposited into the General Inspection Trust Fund.
101	(g)(f)  This subsection does not apply to distributors or
102	retail dealers selling brands of pesticide if such brands of
103	pesticide are registered by another person.
104	(2)  The department shall adopt rules governing the
105	procedures for the registration of a brand of pesticide, and for
106	the review of data submitted by an applicant for registration of
107	the brand of pesticide, and for biennially publishing the list
108	of active ingredients for which a brand of pesticide is subject
109	to the supplemental registration fee pursuant to subparagraph
110	(1)(d)1. The department shall determine whether the brand of
111	pesticide should be registered, registered with conditions, or
112	tested under field conditions in this state. The department
113	shall determine whether each request for registration of a brand
114	of pesticide meets the requirements of current state and federal
115	law. The department, whenever it deems it necessary in the
116	administration of this part, may require the manufacturer or
117	registrant to submit the complete formula, quantities shipped
118	into or manufactured in the state for distribution and sale,
119	evidence of the efficacy and the safety of any pesticide, and
120	other relevant data. The department may review and evaluate a
121	registered pesticide if new information is made available that
122	indicates that use of the pesticide has caused an unreasonable
123	adverse effect on public health or the environment. Such review
124	shall be conducted upon the request of the State Surgeon General
125	in the event of an unreasonable adverse effect on public health
126	or the Secretary of Environmental Protection in the event of an
127	unreasonable adverse effect on the environment. Such review may
128	result in modifications, revocation, cancellation, or suspension
129	of the registration of a brand of pesticide. The department, for
130	reasons of adulteration, misbranding, or other good cause, may
131	refuse or revoke the registration of the brand of any pesticide
132	after notice to the applicant or registrant giving the reason
133	for the decision. The applicant may then request a hearing,
134	pursuant to chapter 120, on the intention of the department to
135	refuse or revoke registration, and, upon his or her failure to
136	do so, the refusal or revocation shall become final without
137	further procedure. The registration of a brand of pesticide may
138	not be construed as a defense for the commission of any offense
139	prohibited under this part.
140	Section 3.  Section 531.56, Florida Statutes, is created to
141	read:
142	531.56  Commercial weighing and measuring devices; permits;
143	renewals; late fees.--
144	(1)(a)  A person may not use any weighing or measuring
145	device in this state for commercial purposes as defined by
146	department rule if a permit fee is established for the device in
147	s. 531.58 unless the device is exempt from permitting under s.
148	531.57 or the applicable permit fee is paid and a valid permit
149	is issued by the department for the device.
150	(b)  A weighing or measuring device permit issued by the
151	department pursuant to this section and ss. 531.58-531.62
152	applies only to the specific device for which the permit is
153	issued. However, the department may allow a permit to apply to a
154	replacement for an original device. The department may include
155	multiple devices on a single permit but must require that the
156	applicable permit fees be paid for the devices in accordance
157	with s. 531.58.
158	(2)  If ownership of a permitted device changes, the
159	permit:
160	(a)  Transfers to the new owner and remains effective until
161	the permit's original expiration date, if the device remains at
162	the same location. The new owner must notify the department in
163	the format prescribed by the department within 30 calendar days
164	after a change in ownership. The department shall issue an
165	updated replacement permit if needed.
166	(b)  Expires if the device is moved to a new location. The
167	new owner must apply for a new permit.
168	(3)  A weighing or measuring device permit expires 1 year
169	after the date of issuance and must be renewed annually. If an
170	application for renewal of a permit is not received by the
171	department within 30 days after its due date, the applicant must
172	pay a late fee set by the department not to exceed $100 in
173	addition to the permit fee before the department may renew the
174	permit.
175	Section 4.  Section 531.57, Florida Statutes, is created to
176	read:
177	531.57  Exemptions from permitting.--Sections 531.56-531.62
178	do not apply to a commercial weighing or measuring device, if
179	any of the following apply:
180	(1)  The device is a taximeter licensed, permitted, or
181	registered by a weights and measures official appointed by a
182	county or municipality and is tested for accuracy and compliance
183	with state standards by the official in cooperation with the
184	state as authorized in s. 531.421.
185	(2)  The device is used exclusively for weighing railroad
186	cars and is tested for accuracy and compliance with state
187	standards by a private testing agency.
188	(3)  The device is used exclusively for measuring petroleum
189	products subject to the inspection fee under s. 525.09.
190	Section 5.  Section 531.58, Florida Statutes, is created to
191	read:
192	531.58  Permit fees; deposit and use of moneys.--
193	(1)  An application for a weighing or measuring device
194	permit must be accompanied by the applicable permit fees set by
195	the department. The fees charged for a permit shall be based on
196	the total number of weighing or measuring devices included in
197	the permit for use at any time during the period covered by the
198	permit.
199	(2)  The department shall set the permit fees in the
200	amounts necessary to defray the costs of administering and
201	enforcing this chapter but not to exceed the following amounts:
202	(a)  Weighing devices.--For weighing devices, the permit
203	fees shall be based on the manufacturer's rated capacity or the
204	device's design and use but may not exceed the following
205	amounts:
206	1.  For weighing devices whose capacity does not exceed 100
207	pounds or the metric equivalent, the permit fees may not exceed
208	the following amounts per retail establishment:
209
	Number of devices in a single retail establishment: Maximum fee per retail establishment:
210
	1 to 5 . . . . . . . . . . . . . . . . . . . . . $75
211
	6 to 10 . . . . . . . . . . . . . . . . . . . . . $175
212
	11 to 30 . . . . . . . . . . . . . . . . . . . . $250
213
	More than 30 . . . . . . . . . . . . . . . . . . $500
214
215	2.  For weighing devices whose capacity exceeds 100 pounds
216	or the metric equivalent, the permit fees may not exceed the
217	following amounts per device:
218
	Manufacturer's rated capacity: Maximum fee per device:
219
	At least 100 pounds but does not exceed 5,000 pounds or the metric equivalent. . . . . . . . . $200
220
	Exceeds 5,000 pounds but does not exceed 20,000 pounds or the metric equivalent . . . . . . . . . $300
221
	Exceeds 20,000 pounds or themetric equivalent . . . . . . . . . . . . . . . . $400
222
	Wheel load weighers . . . . . . . . . . . . . . . $35
223
	Static railroad track scales . . . . . . . . . . $1,000
224
	Belt conveyor scales . . . . . . . . . . . . . . $500
225
	In-motion railroad track scales . . . . . . . . . $1,000
226
227	(b)  Measuring devices.--For measuring devices, the permit
228	fees may not exceed the following amounts per device:
229	1.  For a mass flow meter whose maximum flow rate does not
230	exceed 150 pounds or the metric equivalent per minute, $100.
231	2.  For a mass flow meter whose maximum flow rate exceeds
232	150 pounds or the metric equivalent per minute, $500.
233	3.  For a volumetric flow meter whose maximum flow rate
234	does not exceed 20 gallons or the metric equivalent per minute,
235	$50.
236	4.  For a volumetric flow meter whose maximum flow rate
237	exceeds 20 gallons or the metric equivalent per minute, $100.
238	5.  For a tank whose capacity is less than 500 gallons or
239	the metric equivalent when used as a measure container with or
240	without gage rods or markers, $100.
241	6.  For a tank whose capacity is 500 or more gallons or the
242	metric equivalent when used as a measure container with or
243	without gage rods or markers, $200.
244	7.  For a taximeter, $50.
245	8.  For a grain moisture meter, $25.
246	9.  For a multiple dimension measuring device, $100.
247	(3)  All moneys received by the department pursuant to ss.
248	531.56-531.62 shall be deposited in the General Inspection Trust
249	Fund, are continuously appropriated to the department, and shall
250	be used by the department to administer this chapter.
251	Section 6.  Section 531.59, Florida Statutes, is created to
252	read:
253	531.59  Suspension and revocation of permits.--A weighing
254	or measuring device permit issued under ss. 531.56-531.62 may be
255	suspended or revoked by the department if the device for which
256	the permit was issued is used in violation of this chapter or
257	rules adopted under this chapter.
258	Section 7.  Section 531.60, Florida Statutes, is created to
259	read:
260	531.60  Noncommercial devices; permit required for testing
261	by department.--The department may not test a weighing or
262	measuring device for which a permit fee is established in s.
263	531.58, even if the device is not used for commercial purposes
264	as defined by department rule, unless a permit is obtained for
265	the device and the applicable fee is paid to the department
266	under ss. 531.58-531.62.
267	Section 8.  Section 531.61, Florida Statutes, is created to
268	read:
269	531.61  Forms, permits, certificates, and identification
270	tags or stickers; registration application forms.--
271	(1)  The department shall prescribe such forms, permits,
272	certificates, and identification tags or stickers necessary to
273	administer ss. 531.56-531.62.
274	(2)  Upon issuance of a weighing or measuring device
275	permit, the department shall issue to the applicant a
276	certificate or other evidence that the device is permitted
277	pursuant to ss. 531.56-531.62.
278	(3)  An application for a weighing or measuring device
279	permit must be submitted to the department in the format
280	prescribed by the department. The application must contain the
281	information required by the department.
282	Section 9.  Section 531.62, Florida Statutes, is created to
283	read:
284	531.62  Notice of violation of unpermitted weighing or
285	measuring device; tagging or sealing devices to prevent
286	unpermitted use; penalties.--If a weighing or measuring device
287	for which a permit fee is established in s. 531.58 is used for
288	commercial purposes as defined by department rule and a permit
289	was not obtained for the device, the department may:
290	(1)  Prohibit any further commercial use of the unpermitted
291	device until the applicable permit is issued.
292	(2)  Attach to the device such forms, notices, tags, or
293	seals to prevent the continued unpermitted use of the device.
294	(3)  Assess a late fee in accordance with s. 531.56(3).
295	(4)  In addition to requiring payment of the applicable
296	fees required to obtain a valid permit for use of the device,
297	impose any penalty authorized in s. 531.50(1) against the owner
298	and any person using the device.
299	Section 10.  Paragraph (a) of subsection (2) of section
300	576.021, Florida Statutes, is amended to read:
301	576.021  Registration and licensing.--
302	(2)(a)  A person may not distribute a specialty fertilizer
303	in this state until it is registered with the department by the
304	licensee whose name appears on the label. An application for
305	registration of each grade of specialty fertilizer shall be made
306	on a form furnished by the department and shall be accompanied
307	by an annual fee of $100 for each specialty fertilizer that is
308	registered for the first five registrations for each grade of
309	each brand. If more than five grades of specialty fertilizer are
310	to be registered by a licensee, the registration fee for the
311	sixth grade registered and for each subsequent grade registered
312	shall be $25 for each grade of each brand. All specialty
313	fertilizer registrations expire June 30 each year. All licensing
314	and registration fees paid to the department under this section
315	shall be deposited into the State Treasury to be placed in the
316	General Inspection Trust Fund to be used for the sole purpose of
317	funding the fertilizer inspection program.
318	Section 11.  Paragraph (a) of subsection (2) of section
319	576.045, Florida Statutes, is amended to read:
320	576.045  Nitrogen and phosphorus; findings and intent;
321	fees; purpose; best-management practices; waiver of liability;
322	compliance; rules; exclusions; expiration.--
323	(2)  FEES.--
324	(a)  In addition to the fees imposed under ss. 576.021 and
325	576.041, the following supplemental fees shall be collected and
326	paid by licensees for the sole purpose of implementing this
327	section:
328	1.  One hundred dollars for each license to distribute
329	fertilizer.
330	2.  One hundred dollars for each of the first five
331	specialty fertilizer registrations and $25 for each registration
332	after the first five.
333	3.  Fifty cents per ton for all fertilizer that contains
334	nitrogen or phosphorus and that is sold in this state.
335	Section 12.  Subsection (1) of section 578.08, Florida
336	Statutes, is amended to read:
337	578.08  Registrations.--
338	(1)  Every person, except as provided in subsection (4) and
339	s. 578.14, before selling, distributing for sale, offering for
340	sale, exposing for sale, handling for sale, or soliciting orders
341	for the purchase of any agricultural, vegetable, flower, or
342	forest tree seed or mixture thereof, shall first register with
343	the department as a seed dealer. The application for
344	registration shall include the name and location of each place
345	of business at which the seed is sold, distributed for sale,
346	offered for sale, exposed for sale, or handled for sale. The
347	application for registration shall be accompanied by an annual
348	registration fee for each such place of business based on the
349	gross receipts from the sale of such seed for the last preceding
350	license year as follows:
351	(a)1.  Receipts less than $2,500.01, fee of $100....$50
352	2.  Receipts more than $2,500 and less than $5,000.01, fee
353	of $200....$100
354	3.  Receipts more than $5,000 and less than $10,000.01, fee
355	of $350....$175
356	4.  Receipts more than $10,000 and less than $20,000.01,
357	fee of $800....$400
358	5.  Receipts more than $20,000 and less than $40,000.01,
359	fee of $1,000....$500
360	6.  Receipts more than $40,000 and less than $70,000.01,
361	fee of $1,200....$600
362	7.  Receipts more than $70,000 and less than $150,000.01,
363	fee of $1,600....$800
364	8.  Receipts more than $150,000 and less than $400,000.01,
365	fee of $2,400....$1,200
366	9.  Receipts more than $400,000, fee of $4,600....$2,300
367	(b)  For places of business not previously in operation,
368	the fee shall be based on anticipated receipts for the first
369	license year.
370	Section 13.  Subsection (2) of section 589.08, Florida
371	Statutes, is amended to read:
372	589.08  Land acquisition restrictions.--
373	(2)  The division may receive, hold the custody of, and
374	exercise the control of any lands, and set aside into a
375	separate, distinct, and inviolable fund, the proceeds which may
376	be derived from the sales of the products of such lands, the use
377	thereof in any manner, or the sale of such lands, except that
378	save the 25 percent of the proceeds thereof shall to be paid
379	into the State School Fund as provided by law. The division may
380	use and apply such funds for the acquisition, use, custody,
381	management, development, or improvement of any lands vested in
382	or subject to the control of such division. After full payment
383	is has been made to the Federal Government or other grantor for
384	the purchase of a state forest, to the Federal Government or
385	other grantor, then 15 percent of the gross receipts from a
386	state forest shall be paid to the fiscally constrained county or
387	counties as described in s. 218.67(1) in which the forest it is
388	located in proportion to the acreage located in each fiscally
389	constrained county for use by the county or counties for school
390	purposes.
391	Section 14.  Section 589.081, Florida Statutes, is amended
392	to read:
393	589.081  Withlacoochee State Forest and Goethe State
394	Forest; payment to counties of portion of gross receipts.--The
395	Division of Forestry shall pay 15 percent of the gross receipts
396	from Withlacoochee State Forest and the Goethe State Forest to
397	each fiscally constrained county as described in s. 218.67(1) in
398	which a portion of the respective forest is located in
399	proportion to the forest acreage located in each fiscally
400	constrained county. The funds must be equally divided between
401	the board of county commissioners and the school board of each
402	fiscally constrained county.
403	Section 15.  Except as otherwise expressly provided in this
404	act, this act shall take effect July 1, 2009.
405
406	-----------------------------------------------------
407	T I T L E  A M E N D M E N T
408	Remove the entire title and insert:
409	A bill to be entitled
410	An act relating to the Department of Agriculture and
411	Consumer Services; amending s. 482.2401, F.S.; replacing a
412	requirement that the department use all revenues from
413	certain administrative fines to support research or
414	education in pest control with an authorization to use
415	such available revenues for those purposes; amending s.
416	487.041, F.S.; establishing supplemental biennial
417	registration fees for certain brands of pesticide;
418	requiring the department to adopt rules publishing a list
419	of active ingredients contained in pesticides for which
420	the supplemental fee is required; providing for
421	retroactive assessment of the supplemental fees; providing
422	for use of the revenues collected from the fees; providing
423	for retroactive application; creating s. 531.56, F.S.;
424	requiring a permit for use of a weighing or measuring
425	device for commercial purposes; providing requirements for
426	the issuance of permits; establishing additional
427	requirements applicable to a permitted device after a
428	change in ownership; providing for expiration of permits;
429	requiring annual renewal of permits; requiring late fees
430	under certain circumstances; creating s. 531.57, F.S.;
431	exempting certain devices from permitting requirements;
432	creating s. 531.58, F.S.; requiring permit fees;
433	specifying maximum fees; providing for deposit,
434	appropriation, and use of funds; creating s. 531.59, F.S.;
435	authorizing the department to suspend or revoke permits
436	under certain circumstances; creating s. 531.60, F.S.;
437	prohibiting the department from testing a noncommercial
438	device unless a permit is issued for the device; creating
439	s. 531.61, F.S.; providing for device application forms,
440	permits, certificates, and identification tags or
441	stickers; creating s. 531.62, F.S.; prohibiting the
442	unpermitted use of commercial weighing and measuring
443	devices; providing penalties; amending ss. 576.021 and
444	576.045, F.S.; revising fees for the registration of
445	specialty fertilizers; amending s. 578.08, F.S.; revising
446	fees for the registration of seed dealers; amending ss.
447	589.08 and 589.081, F.S.; limiting the use of part of the
448	gross receipts from certain state forests for schools and
449	other purposes to counties that are fiscally constrained;
450	providing effective dates.

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