Florida Senate - 2017 SB 1536
By Senator Perry
8-01144B-17 20171536__
1 A bill to be entitled
2 An act relating to agricultural practices; amending s.
3 212.08, F.S.; exempting prescription and
4 nonprescription animal health products used to treat
5 poultry or livestock from sales, rental, use,
6 consumption, distribution, and storage taxes; amending
7 s. 320.08, F.S.; revising the circumstances under
8 which a truck tractor or heavy truck engaged in
9 transporting certain agricultural or horticultural
10 products is eligible for a restricted license plate
11 for a fee; amending s. 487.041, F.S.; deleting a
12 requirement that registrants pay a supplemental fee
13 for pesticides that contain an active ingredient for
14 which the United States Environmental Protection
15 Agency has established a food tolerance limit;
16 conforming provisions to changes made by the act;
17 deleting obsolete provisions; amending s. 801.011,
18 F.S.; redefining the term “posted land” to include
19 those lands with boundaries marked by a specified
20 vertical line at specified intervals; amending s.
21 823.14, F.S.; revising the term “farm product”;
22 providing effective dates.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraph (a) of subsection (5) of section
27 212.08, Florida Statutes, is amended to read:
28 212.08 Sales, rental, use, consumption, distribution, and
29 storage tax; specified exemptions.—The sale at retail, the
30 rental, the use, the consumption, the distribution, and the
31 storage to be used or consumed in this state of the following
32 are hereby specifically exempt from the tax imposed by this
33 chapter.
34 (5) EXEMPTIONS; ACCOUNT OF USE.—
35 (a) Items in agricultural use and certain nets.—There are
36 exempt from the tax imposed by this chapter nets designed and
37 used exclusively by commercial fisheries; disinfectants,
38 fertilizers, insecticides, pesticides, herbicides, fungicides,
39 and weed killers used for application on crops or groves,
40 including commercial nurseries and home vegetable gardens, used
41 in dairy barns or on poultry farms for the purpose of protecting
42 poultry or livestock, or used directly on poultry or livestock;
43 prescription and nonprescription animal health products used to
44 treat poultry or livestock; portable containers or movable
45 receptacles in which portable containers are placed, used for
46 processing farm products; field and garden seeds, including
47 flower seeds; nursery stock, seedlings, cuttings, or other
48 propagative material purchased for growing stock; seeds,
49 seedlings, cuttings, and plants used to produce food for human
50 consumption; cloth, plastic, and other similar materials used
51 for shade, mulch, or protection from frost or insects on a farm;
52 stakes used by a farmer to support plants during agricultural
53 production; generators used on poultry farms; and liquefied
54 petroleum gas or other fuel used to heat a structure in which
55 started pullets or broilers are raised; however, such exemption
56 is not allowed unless the purchaser or lessee signs a
57 certificate stating that the item to be exempted is for the
58 exclusive use designated herein. Also exempt are cellophane
59 wrappers, glue for tin and glass (apiarists), mailing cases for
60 honey, shipping cases, window cartons, and baling wire and twine
61 used for baling hay, when used by a farmer to contain, produce,
62 or process an agricultural commodity.
63 Section 2. Paragraph (n) of subsection (4) of section
64 320.08, Florida Statutes, is amended to read:
65 320.08 License taxes.—Except as otherwise provided herein,
66 there are hereby levied and imposed annual license taxes for the
67 operation of motor vehicles, mopeds, motorized bicycles as
68 defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
69 and mobile homes as defined in s. 320.01, which shall be paid to
70 and collected by the department or its agent upon the
71 registration or renewal of registration of the following:
72 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
73 VEHICLE WEIGHT.—
74 (n) A truck tractor or heavy truck, not operated as a for
75 hire vehicle, which is engaged exclusively in transporting raw,
76 unprocessed, and nonmanufactured agricultural or horticultural
77 products within the state a 150-mile radius of its home address,
78 is eligible for a restricted license plate for a fee of:
79 1. If such vehicle’s declared gross vehicle weight is less
80 than 44,000 pounds, $87.75 flat, of which $22.75 shall be
81 deposited into the General Revenue Fund.
82 2. If such vehicle’s declared gross vehicle weight is
83 44,000 pounds or more and such vehicle only transports from the
84 point of production to the point of primary manufacture; to the
85 point of assembling the same; or to a shipping point of a rail,
86 water, or motor transportation company, $324 flat, of which $84
87 shall be deposited into the General Revenue Fund.
88
89 Such not-for-hire truck tractors and heavy trucks used
90 exclusively in transporting raw, unprocessed, and
91 nonmanufactured agricultural or horticultural products may be
92 incidentally used to haul farm implements and fertilizers
93 delivered direct to the growers. The department may require any
94 documentation deemed necessary to determine eligibility prior to
95 issuance of this license plate. For the purpose of this
96 paragraph, “not-for-hire” means the owner of the motor vehicle
97 must also be the owner of the raw, unprocessed, and
98 nonmanufactured agricultural or horticultural product, or the
99 user of the farm implements and fertilizer being delivered.
100 Section 3. Paragraphs (d) through (j) of subsection (1) and
101 subsection (2) of section 487.041, Florida Statutes, are amended
102 to read:
103 487.041 Registration.—
104 (1)
105 (d)1. Effective January 1, 2009, in addition to the fees
106 assessed pursuant to paragraphs (b) and (c), for the purpose of
107 defraying the expenses of the department for testing pesticides
108 for food safety, each registrant shall pay a supplemental
109 biennial registration fee for each registered brand of pesticide
110 that contains an active ingredient for which the United States
111 Environmental Protection Agency has established a food tolerance
112 limit in 40 C.F.R. part 180. The department shall biennially
113 publish by rule a list of the pesticide active ingredients for
114 which a brand of pesticide is subject to the supplemental
115 registration fee.
116 2. Each registration issued by the department to a
117 registrant for a period beginning in an odd-numbered year shall
118 be assessed a supplemental registration fee of $630 per brand of
119 pesticide that is subject to the fee pursuant to subparagraph 1.
120 Each registration issued by the department to a registrant for a
121 period beginning in an even-numbered year shall be assessed a
122 supplemental registration fee of $315 per brand of pesticide
123 that is subject to the fee pursuant to subparagraph 1. The
124 department shall retroactively assess the supplemental
125 registration fee for each brand of pesticide that registered on
126 or after January 1, 2009, and that is subject to the fee
127 pursuant to subparagraph 1.
128 (d)(e) All revenues collected, less those costs determined
129 by the department to be nonrecurring or one-time costs, shall be
130 deferred over the 2-year registration period, deposited in the
131 General Inspection Trust Fund, and used by the department in
132 carrying out the provisions of this chapter. Revenues collected
133 from the supplemental registration fee may also be used by the
134 department for testing pesticides for food safety.
135 (e)(f) If the renewal of a brand of pesticide, including
136 the special local need label and experimental use permit, is not
137 filed by January 31 of the renewal year, an additional fee of
138 $25 per brand of pesticide shall be assessed per month and added
139 to the original fee. This additional fee may not exceed $250 per
140 brand of pesticide. The additional fee must be paid by the
141 registrant before the renewal certificate for the registration
142 of the brand of pesticide is issued. The additional fee shall be
143 deposited into the General Inspection Trust Fund.
144 (f)(g) This subsection does not apply to distributors or
145 retail dealers selling brands of pesticide if such brands of
146 pesticide are registered by another person.
147 (g)(h) All registration fees, including supplemental fees
148 and late fees, are nonrefundable.
149 (h)(i) For any currently registered pesticide product brand
150 that undergoes labeling revisions during the registration
151 period, the registrant shall submit to the department a copy of
152 the revised labeling along with a cover letter detailing such
153 revisions before the sale or distribution in this state of the
154 product brand with the revised labeling. If the labeling
155 revisions require notification of an amendment review by the
156 United States Environmental Protection Agency, the registrant
157 shall submit an additional copy of the labeling marked to
158 identify those revisions.
159 (i)(j) Effective January 1, 2013, All payments of any
160 pesticide registration fees, including supplemental fees and
161 late fees, shall be submitted electronically using the
162 department’s Internet website for registration of pesticide
163 product brands.
164 (2) The department shall adopt rules governing the
165 procedures for the registration of a brand of pesticide and, for
166 the review of data submitted by an applicant for registration of
167 the brand of pesticide, and for biennially publishing the list
168 of active ingredients for which a brand of pesticide is subject
169 to the supplemental registration fee pursuant to subparagraph
170 (1)(d)1. The department shall determine whether the brand of
171 pesticide should be registered, registered with conditions, or
172 tested under field conditions in this state. The department
173 shall determine whether each request for registration of a brand
174 of pesticide meets the requirements of current state and federal
175 law. The department, whenever it deems it necessary in the
176 administration of this part, may require the manufacturer or
177 registrant to submit the complete formula, quantities shipped
178 into or manufactured in the state for distribution and sale,
179 evidence of the efficacy and the safety of any pesticide, and
180 other relevant data. The department may review and evaluate a
181 registered pesticide if new information is made available that
182 indicates that use of the pesticide has caused an unreasonable
183 adverse effect on public health or the environment. Such review
184 shall be conducted upon the request of the State Surgeon General
185 in the event of an unreasonable adverse effect on public health
186 or the Secretary of Environmental Protection in the event of an
187 unreasonable adverse effect on the environment. Such review may
188 result in modifications, revocation, cancellation, or suspension
189 of the registration of a brand of pesticide. The department, for
190 reasons of adulteration, misbranding, or other good cause, may
191 refuse or revoke the registration of the brand of any pesticide
192 after notice to the applicant or registrant giving the reason
193 for the decision. The applicant may then request a hearing,
194 pursuant to chapter 120, on the intention of the department to
195 refuse or revoke registration, and, upon his or her failure to
196 do so, the refusal or revocation shall become final without
197 further procedure. The registration of a brand of pesticide may
198 not be construed as a defense for the commission of any offense
199 prohibited under this part.
200 Section 4. Effective October 1, 2017, subsection (5) of
201 section 810.011, Florida Statutes, is amended to read:
202 810.011 Definitions.—As used in this chapter:
203 (5)(a) “Posted land” is that land upon which:
204 1. Signs are placed not more than 500 feet apart along, and
205 at each corner of, the boundaries of the land, upon which signs
206 there appears prominently, in letters of not less than 2 inches
207 in height, the words “no trespassing” and in addition thereto
208 the name of the owner, lessee, or occupant of said land. Said
209 signs shall be placed along the boundary line of posted land in
210 a manner and in such position as to be clearly noticeable from
211 outside the boundary line; or
212 2.a. Conspicuous no trespassing notice is painted on trees
213 or posts on the property, provided that the notice is:
214 (I) Painted in an international orange color and displaying
215 the stenciled words “No Trespassing” in letters no less than 2
216 inches high and 1 inch wide either vertically or horizontally;
217 (II) Placed so that the bottom of the painted notice is not
218 less than 3 feet from the ground or more than 5 feet from the
219 ground; and
220 (III) Placed at locations that are readily visible to any
221 person approaching the property and no more than 500 feet apart
222 on agricultural land.
223 b. Beginning October 1, 2007, When a landowner uses the
224 painted no trespassing posting to identify a “no trespassing”
225 area, such those painted notices must shall be accompanied by
226 signs complying with subparagraph 1. and placed conspicuously at
227 all places where entry to the property is normally expected or
228 known to occur.
229 3. Conspicuous no trespassing notice is painted on trees or
230 posts on the property, provided that the notice is:
231 a. Painted as a vertical line not less than 8 inches in
232 length and not less than 1 inch in width in an international
233 orange color;
234 b. Placed so that the bottom of the painted notice is not
235 less than 3 feet from the ground or more than 5 feet from the
236 ground; and
237 c. Placed at locations that are readily visible to any
238 person approaching the property and no more than 100 feet apart
239 on agricultural land.
240 (b) It is shall not be necessary to give notice by posting
241 on any enclosed land or place not exceeding 5 acres in area on
242 which there is a dwelling house in order to obtain the benefits
243 of ss. 810.09 and 810.12 pertaining to trespass on enclosed
244 lands.
245 Section 5. Paragraph (c) of subsection (3) of section
246 823.14, Florida Statutes, is amended to read:
247 823.14 Florida Right to Farm Act.—
248 (3) DEFINITIONS.—As used in this section:
249 (c) “Farm product” means any plant, as defined in s.
250 581.011, or animal or insect useful to humans; livestock, as
251 defined in s. 468.382(6); poultry; aquatic plants and animals
252 cultivated using aquaculture; and bees and includes, but is not
253 limited to, any product derived therefrom.
254 Section 6. Except as otherwise expressly provided in this
255 act, this act shall take effect July 1, 2017.