Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1132
       
       
       
       
       
       
                                Barcode 450552                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/01/2012 06:13 PM       .                                
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 180 and 181
    4  insert:
    5         Section 5. Paragraph (c) of subsection (4) of section
    6  206.41, Florida Statutes, is amended to read:
    7         206.41 State taxes imposed on motor fuel.—
    8         (4)
    9         (c)1. Any person who uses any motor fuel for agricultural,
   10  aquacultural, commercial fishing, or commercial aviation
   11  purposes on which fuel the tax imposed by paragraph (1)(e),
   12  paragraph (1)(f), or paragraph (1)(g) has been paid is entitled
   13  to a refund of such tax.
   14         2. For the purposes of this paragraph, “agricultural and
   15  aquacultural purposes” means motor fuel used in any tractor,
   16  vehicle, or other farm equipment which is used exclusively on a
   17  farm or for processing farm products on the farm, and no part of
   18  which fuel is used in any vehicle or equipment driven or
   19  operated upon the public highways of this state. This
   20  restriction does not apply to the movement of a farm vehicle, or
   21  farm equipment, citrus harvesting equipment, or citrus fruit
   22  loaders between farms. The transporting of bees by water and the
   23  operating of equipment used in the apiary of a beekeeper shall
   24  be also deemed an agricultural purpose.
   25         3. For the purposes of this paragraph, “commercial fishing
   26  and aquacultural purposes” means motor fuel used in the
   27  operation of boats, vessels, or equipment used exclusively for
   28  the taking of fish, crayfish, oysters, shrimp, or sponges from
   29  salt or fresh waters under the jurisdiction of the state for
   30  resale to the public, and no part of which fuel is used in any
   31  vehicle or equipment driven or operated upon the highways of
   32  this state; however, the term may in no way be construed to
   33  include fuel used for sport or pleasure fishing.
   34         4. For the purposes of this paragraph, “commercial aviation
   35  purposes” means motor fuel used in the operation of aviation
   36  ground support vehicles or equipment, no part of which fuel is
   37  used in any vehicle or equipment driven or operated upon the
   38  public highways of this state.
   39         Section 6. Paragraph (a) of subsection (5) of section
   40  316.515, Florida Statutes, is amended to read:
   41         316.515 Maximum width, height, length.—
   42         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
   43  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
   44         (a) Notwithstanding any other provisions of law, straight
   45  trucks, agricultural tractors, citrus harvesting equipment,
   46  citrus fruit loaders, and cotton module movers, not exceeding 50
   47  feet in length, or any combination of up to and including three
   48  implements of husbandry, including the towing power unit, and
   49  any single agricultural trailer with a load thereon or any
   50  agricultural implements attached to a towing power unit, or a
   51  self-propelled agricultural implement or an agricultural
   52  tractor, is authorized for the purpose of transporting peanuts,
   53  grains, soybeans, citrus, cotton, hay, straw, or other
   54  perishable farm products from their point of production to the
   55  first point of change of custody or of long-term storage, and
   56  for the purpose of returning to such point of production, or for
   57  the purpose of moving such tractors, movers, and implements from
   58  one point of agricultural production to another, by a person
   59  engaged in the production of any such product or custom hauler,
   60  if such vehicle or combination of vehicles otherwise complies
   61  with this section. The Department of Transportation may issue
   62  overlength permits for cotton module movers greater than 50 feet
   63  but not more than 55 feet in overall length. Such vehicles shall
   64  be operated in accordance with all safety requirements
   65  prescribed by law and rules of the Department of Transportation.
   66  
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69  
   70         Delete line 14
   71  and insert:
   72         for farm signs; amending s. 206.41, F.S.; revising the
   73         definition of the term “agricultural and aquacultural
   74         purposes” for purposes of the required refund of state
   75         taxes imposed on motor fuel used for such purposes;
   76         amending s. 316.515, F.S.; revising the Florida
   77         Uniform Traffic Control Law to authorize the use of
   78         citrus harvesting equipment and citrus fruit loaders
   79         to transport certain agricultural products and to
   80         authorize the use of certain motor vehicles to
   81         transport citrus; providing an effective date.