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.
   24  Be It Enacted by the Legislature of the State of Florida:
   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:
   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.
   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.