Florida Senate - 2017                             CS for SB 1536
       By the Committee on Agriculture; and Senators Perry, Hutson,
       Broxson, and Grimsley
       575-02672-17                                          20171536c1
    1                        A bill to be entitled                      
    2         An act relating to agricultural practices; amending s.
    3         212.08, F.S.; increasing the portion of the sales
    4         price for certain farm trailers that is exempt from
    5         the sales and use tax; exempting certain animal and
    6         aquaculture health products, fencing materials, and
    7         oxygen products from sales, rental, use, consumption,
    8         distribution, and storage taxes; amending s. 320.08,
    9         F.S.; revising the circumstances under which a truck
   10         tractor or heavy truck engaged in transporting certain
   11         agricultural or horticultural products is eligible for
   12         a restricted license plate for a fee; amending s.
   13         487.041, F.S.; deleting a requirement that registrants
   14         pay a supplemental fee for pesticides that contain an
   15         active ingredient for which the United States
   16         Environmental Protection Agency has established a food
   17         tolerance limit; conforming provisions to changes made
   18         by the act; deleting obsolete provisions; amending s.
   19         801.011, F.S.; deleting an obsolete provision; making
   20         technical changes; providing effective dates.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Paragraph (b) of subsection (3) and paragraph
   25  (a) of subsection (5) of section 212.08, Florida Statutes, are
   26  amended to read:
   27         212.08 Sales, rental, use, consumption, distribution, and
   28  storage tax; specified exemptions.—The sale at retail, the
   29  rental, the use, the consumption, the distribution, and the
   30  storage to be used or consumed in this state of the following
   31  are hereby specifically exempt from the tax imposed by this
   32  chapter.
   34         (b) The tax may not be imposed on that portion of the sales
   35  price below $25,000 $20,000 for a trailer weighing 12,000 pounds
   36  or less and purchased by a farmer for exclusive use in
   37  agricultural production or to transport farm products from his
   38  or her farm to the place where the farmer transfers ownership of
   39  the farm products to another. This exemption is not forfeited by
   40  using a trailer to transport the farmer’s farm equipment. The
   41  exemption provided under this paragraph does not apply to the
   42  lease or rental of a trailer.
   43         (5) EXEMPTIONS; ACCOUNT OF USE.—
   44         (a) Items in agricultural use and certain nets.—There are
   45  exempt from the tax imposed by this chapter nets designed and
   46  used exclusively by commercial fisheries; disinfectants,
   47  fertilizers, insecticides, pesticides, herbicides, fungicides,
   48  and weed killers used for application on crops or groves,
   49  including commercial nurseries and home vegetable gardens, used
   50  in dairy barns or on poultry farms for the purpose of protecting
   51  poultry or livestock, or used directly on poultry or livestock;
   52  animal health products which are applied to or consumed by
   53  livestock or poultry for alleviation of pain or the cure or
   54  prevention of sickness, disease, or suffering, including
   55  antiseptics, absorbent cotton, gauze for bandages, lotions,
   56  vitamins, and worm remedies; aquaculture health products;
   57  portable containers or movable receptacles in which portable
   58  containers are placed, used for processing farm products; field
   59  and garden seeds, including flower seeds; nursery stock,
   60  seedlings, cuttings, or other propagative material purchased for
   61  growing stock; seeds, seedlings, cuttings, and plants used to
   62  produce food for human consumption; cloth, plastic, and other
   63  similar materials used for shade, mulch, or protection from
   64  frost or insects on a farm; hog wire and nylon mesh netting used
   65  on a farm for protection from predatory or destructive animals;
   66  barbed wire fencing, including gates and materials used to
   67  construct or repair such fencing, used on a beef or dairy cattle
   68  farm; stakes used by a farmer to support plants during
   69  agricultural production; generators used on poultry farms;
   70  compressed or liquefied oxygen used in aquaculture production;
   71  and liquefied petroleum gas or other fuel used to heat a
   72  structure in which started pullets or broilers are raised;
   73  however, such exemption is not allowed unless the purchaser or
   74  lessee signs a certificate stating that the item to be exempted
   75  is for the exclusive use designated herein. Also exempt are
   76  cellophane wrappers, glue for tin and glass (apiarists), mailing
   77  cases for honey, shipping cases, window cartons, and baling wire
   78  and twine used for baling hay, when used by a farmer to contain,
   79  produce, or process an agricultural commodity.
   80         Section 2. Paragraph (n) of subsection (4) of section
   81  320.08, Florida Statutes, is amended to read:
   82         320.08 License taxes.—Except as otherwise provided herein,
   83  there are hereby levied and imposed annual license taxes for the
   84  operation of motor vehicles, mopeds, motorized bicycles as
   85  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
   86  and mobile homes as defined in s. 320.01, which shall be paid to
   87  and collected by the department or its agent upon the
   88  registration or renewal of registration of the following:
   91         (n) A truck tractor or heavy truck, not operated as a for
   92  hire vehicle, which is engaged exclusively in transporting raw,
   93  unprocessed, and nonmanufactured agricultural or horticultural
   94  products within the state a 150-mile radius of its home address,
   95  is eligible for a restricted license plate for a fee of:
   96         1. If such vehicle’s declared gross vehicle weight is less
   97  than 44,000 pounds, $87.75 flat, of which $22.75 shall be
   98  deposited into the General Revenue Fund.
   99         2. If such vehicle’s declared gross vehicle weight is
  100  44,000 pounds or more and such vehicle only transports from the
  101  point of production to the point of primary manufacture; to the
  102  point of assembling the same; or to a shipping point of a rail,
  103  water, or motor transportation company, $324 flat, of which $84
  104  shall be deposited into the General Revenue Fund.
  106  Such not-for-hire truck tractors and heavy trucks used
  107  exclusively in transporting raw, unprocessed, and
  108  nonmanufactured agricultural or horticultural products may be
  109  incidentally used to haul farm implements and fertilizers
  110  delivered direct to the growers. The department may require any
  111  documentation deemed necessary to determine eligibility prior to
  112  issuance of this license plate. For the purpose of this
  113  paragraph, “not-for-hire” means the owner of the motor vehicle
  114  must also be the owner of the raw, unprocessed, and
  115  nonmanufactured agricultural or horticultural product, or the
  116  user of the farm implements and fertilizer being delivered.
  117         Section 3. Paragraphs (d) through (j) of subsection (1) and
  118  subsection (2) of section 487.041, Florida Statutes, are amended
  119  to read:
  120         487.041 Registration.—
  121         (1)
  122         (d)1. Effective January 1, 2009, in addition to the fees
  123  assessed pursuant to paragraphs (b) and (c), for the purpose of
  124  defraying the expenses of the department for testing pesticides
  125  for food safety, each registrant shall pay a supplemental
  126  biennial registration fee for each registered brand of pesticide
  127  that contains an active ingredient for which the United States
  128  Environmental Protection Agency has established a food tolerance
  129  limit in 40 C.F.R. part 180. The department shall biennially
  130  publish by rule a list of the pesticide active ingredients for
  131  which a brand of pesticide is subject to the supplemental
  132  registration fee.
  133         2. Each registration issued by the department to a
  134  registrant for a period beginning in an odd-numbered year shall
  135  be assessed a supplemental registration fee of $630 per brand of
  136  pesticide that is subject to the fee pursuant to subparagraph 1.
  137  Each registration issued by the department to a registrant for a
  138  period beginning in an even-numbered year shall be assessed a
  139  supplemental registration fee of $315 per brand of pesticide
  140  that is subject to the fee pursuant to subparagraph 1. The
  141  department shall retroactively assess the supplemental
  142  registration fee for each brand of pesticide that registered on
  143  or after January 1, 2009, and that is subject to the fee
  144  pursuant to subparagraph 1.
  145         (d)(e) All revenues collected, less those costs determined
  146  by the department to be nonrecurring or one-time costs, shall be
  147  deferred over the 2-year registration period, deposited in the
  148  General Inspection Trust Fund, and used by the department in
  149  carrying out the provisions of this chapter. Revenues collected
  150  from the supplemental registration fee may also be used by the
  151  department for testing pesticides for food safety.
  152         (e)(f) If the renewal of a brand of pesticide, including
  153  the special local need label and experimental use permit, is not
  154  filed by January 31 of the renewal year, an additional fee of
  155  $25 per brand of pesticide shall be assessed per month and added
  156  to the original fee. This additional fee may not exceed $250 per
  157  brand of pesticide. The additional fee must be paid by the
  158  registrant before the renewal certificate for the registration
  159  of the brand of pesticide is issued. The additional fee shall be
  160  deposited into the General Inspection Trust Fund.
  161         (f)(g) This subsection does not apply to distributors or
  162  retail dealers selling brands of pesticide if such brands of
  163  pesticide are registered by another person.
  164         (g)(h) All registration fees, including supplemental fees
  165  and late fees, are nonrefundable.
  166         (h)(i) For any currently registered pesticide product brand
  167  that undergoes labeling revisions during the registration
  168  period, the registrant shall submit to the department a copy of
  169  the revised labeling along with a cover letter detailing such
  170  revisions before the sale or distribution in this state of the
  171  product brand with the revised labeling. If the labeling
  172  revisions require notification of an amendment review by the
  173  United States Environmental Protection Agency, the registrant
  174  shall submit an additional copy of the labeling marked to
  175  identify those revisions.
  176         (i)(j)Effective January 1, 2013, All payments of any
  177  pesticide registration fees, including supplemental fees and
  178  late fees, shall be submitted electronically using the
  179  department’s Internet website for registration of pesticide
  180  product brands.
  181         (2) The department shall adopt rules governing the
  182  procedures for the registration of a brand of pesticide and, for
  183  the review of data submitted by an applicant for registration of
  184  the brand of pesticide, and for biennially publishing the list
  185  of active ingredients for which a brand of pesticide is subject
  186  to the supplemental registration fee pursuant to subparagraph
  187  (1)(d)1. The department shall determine whether the brand of
  188  pesticide should be registered, registered with conditions, or
  189  tested under field conditions in this state. The department
  190  shall determine whether each request for registration of a brand
  191  of pesticide meets the requirements of current state and federal
  192  law. The department, whenever it deems it necessary in the
  193  administration of this part, may require the manufacturer or
  194  registrant to submit the complete formula, quantities shipped
  195  into or manufactured in the state for distribution and sale,
  196  evidence of the efficacy and the safety of any pesticide, and
  197  other relevant data. The department may review and evaluate a
  198  registered pesticide if new information is made available that
  199  indicates that use of the pesticide has caused an unreasonable
  200  adverse effect on public health or the environment. Such review
  201  shall be conducted upon the request of the State Surgeon General
  202  in the event of an unreasonable adverse effect on public health
  203  or the Secretary of Environmental Protection in the event of an
  204  unreasonable adverse effect on the environment. Such review may
  205  result in modifications, revocation, cancellation, or suspension
  206  of the registration of a brand of pesticide. The department, for
  207  reasons of adulteration, misbranding, or other good cause, may
  208  refuse or revoke the registration of the brand of any pesticide
  209  after notice to the applicant or registrant giving the reason
  210  for the decision. The applicant may then request a hearing,
  211  pursuant to chapter 120, on the intention of the department to
  212  refuse or revoke registration, and, upon his or her failure to
  213  do so, the refusal or revocation shall become final without
  214  further procedure. The registration of a brand of pesticide may
  215  not be construed as a defense for the commission of any offense
  216  prohibited under this part.
  217         Section 4. Effective October 1, 2017, subsection (5) of
  218  section 810.011, Florida Statutes, is amended to read:
  219         810.011 Definitions.—As used in this chapter:
  220         (5)(a) “Posted land” is that land upon which:
  221         1. Signs are placed not more than 500 feet apart along, and
  222  at each corner of, the boundaries of the land, upon which signs
  223  there appears prominently, in letters of not less than 2 inches
  224  in height, the words “no trespassing” and in addition thereto
  225  the name of the owner, lessee, or occupant of said land. Said
  226  signs shall be placed along the boundary line of posted land in
  227  a manner and in such position as to be clearly noticeable from
  228  outside the boundary line; or
  229         2.a. Conspicuous no trespassing notice is painted on trees
  230  or posts on the property, provided that the notice is:
  231         (I) Painted in an international orange color and displaying
  232  the stenciled words “No Trespassing” in letters no less than 2
  233  inches high and 1 inch wide either vertically or horizontally;
  234         (II) 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         (III) Placed at locations that are readily visible to any
  238  person approaching the property and no more than 500 feet apart
  239  on agricultural land.
  240         b. Beginning October 1, 2007, When a landowner uses the
  241  painted no trespassing posting to identify a “no trespassing”
  242  area, such those painted notices must shall be accompanied by
  243  signs complying with subparagraph 1. and placed conspicuously at
  244  all places where entry to the property is normally expected or
  245  known to occur.
  246         (b) It is shall not be necessary to give notice by posting
  247  on any enclosed land or place not exceeding 5 acres in area on
  248  which there is a dwelling house in order to obtain the benefits
  249  of ss. 810.09 and 810.12 pertaining to trespass on enclosed
  250  lands.
  251         Section 5. Except as otherwise expressly provided in this
  252  act, this act shall take effect July 1, 2017.