Senate Bill sb0372c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                            CS for SB 372

    By the Committee on Appropriations; and Senators Clary and
    Pruitt




    309-2430-03

  1                      A bill to be entitled

  2         An act relating to governmental operations;

  3         creating s. 216.1817, F.S.; providing

  4         legislative intent with respect to the fees

  5         state agencies charge for providing a service

  6         or regulating a profession; requiring each

  7         state agency to review its fees; requiring

  8         state agencies to determine whether specified

  9         services and regulatory oversight should be

10         provided by the state or the private sector;

11         providing criteria; requiring a report to the

12         Governor and the Legislature as part of the

13         agency's legislative budget request; amending

14         s. 372.16, F.S.; increasing the license fee for

15         private game preserves and farms; amending s.

16         372.57, F.S.; increasing nonresident hunting

17         and fishing license fees; amending s. 372.661,

18         F.S.; increasing the private hunting preserve

19         license fee; amending s. 372.87, F.S.;

20         increasing the reptile license fee; amending s.

21         372.921, F.S.; increasing the permit fees for

22         exhibiting wildlife; amending s. 372.922, F.S.;

23         increasing the permit fee for possessing

24         certain wildlife; amending s. 403.087, F.S.,

25         relating to permits for a water pollution

26         source; requiring the Department of

27         Environmental Protection to impose processing

28         fees that cover the costs of application

29         review; amending s. 482.091, F.S.; increasing

30         the fee imposed for an identification card for

31         an employee who performs pest control services;

                                  1

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         amending ss. 487.045 and 487.048, F.S.;

 2         requiring the Department of Agriculture and

 3         Consumer Services to establish fees by rule for

 4         private and public applicators of pesticides

 5         and distributors of restricted-use pesticides;

 6         amending ss. 534.021, 534.031, 534.041, and

 7         534.083, F.S.; increasing the fees charged for

 8         recording and obtaining a certificate of a

 9         livestock mark or brand and for renewing such

10         certificate; increasing the livestock hauler's

11         permit fee; amending s. 586.045, F.S.;

12         increasing the late-registration fee for

13         beekeepers; providing a schedule of

14         registration fees based upon the number of

15         honeybee colonies kept within this state by a

16         beekeeper; amending s. 597.004, F.S.;

17         increasing the registration fee for a producer

18         of marine aquaculture products; amending s.

19         849.094, F.S.; increasing the filing fee for

20         the operator of a game promotion; requiring the

21         Department of Environmental Protection to

22         determine the costs associated with certain

23         specified permits and report to the

24         Legislature; providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 216.1817, Florida Statutes, is

29  created to read:

30         216.1817  Approval of agency fees for service;

31  criteria.--

                                  2

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         (1)  It is the intent of the Legislature that all costs

 2  of providing a service for which a fee is charged and of

 3  regulating professionals shall be borne solely by those

 4  receiving the service or regulation. It is also the intent of

 5  the Legislature that fees should be reasonable and should take

 6  into account differences between types of businesses being

 7  regulated. Moreover, it is the intent of the Legislature that

 8  state agencies operate as efficiently as possible and

 9  regularly report to the Legislature additional methods by

10  which to streamline operational costs. Therefore, in

11  accordance with the legislative budget request instructions

12  and the 4-year trust fund review cycle, each state agency

13  shall examine the fees it charges for services and for

14  regulatory oversight. The annual examination shall consider

15  whether state government or the private sector can better

16  serve the public by providing the service or regulatory

17  oversight. If it is determined that the public would be better

18  served by state government providing the service or regulatory

19  oversight, the fees charged must be:

20         (a)  Based on revenue projections that are prepared

21  using generally accepted governmental accounting procedures or

22  official estimates by the Revenue Estimating Conference, if

23  applicable.

24         (b)  Adequate to cover both direct and indirect costs

25  of providing such service or regulatory oversight.

26         (c)  Reasonable and must take into account differences

27  between the types of businesses being regulated.

28         (2)  If it is determined by the agency that any of the

29  fees charged for services or regulatory oversight are not

30  adequate to cover costs, the agency shall present to the

31  Governor and Legislature as part of its legislative budget

                                  3

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1  request a proposed schedule of fee changes, except for fee

 2  increases that do not exceed the statutory cap, for review by

 3  the Legislature at its next regular session. If the

 4  Legislature does not object to the proposed schedule of fees,

 5  the agency shall, by rule, implement the fee changes.

 6         (3)  If it is determined by the agency that the public

 7  would be better served if the service or regulatory function

 8  were provided by the private sector, the agency shall make a

 9  recommendation to the Legislature for privatization.

10         Section 2.  Subsection (1) of section 372.16, Florida

11  Statutes, is amended to read:

12         372.16  Private game preserves and farms; penalty.--

13         (1)  Any person owning land in this state may

14  establish, maintain, and operate within the boundaries

15  thereof, a private preserve and farm, not exceeding an area of

16  640 acres, for the protection, preservation, propagation,

17  rearing, and production of game birds and animals for private

18  and commercial purposes, provided that no two game preserves

19  shall join each other or be connected. Before any private game

20  preserve or farm is established, the owner or operator shall

21  secure a license from the commission, the fee for which is $50

22  $5 per year.

23         Section 3.  Subsections (5) and (8) of section 372.57,

24  Florida Statutes, are amended to read:

25         372.57  Recreational licenses, permits, and

26  authorization numbers; fees established.--

27         (5)  NONRESIDENT HUNTING AND FISHING LICENSES.--The

28  licenses and fees for nonresidents participating in hunting

29  and fishing activities in the state are as follows:

30         (a)  Freshwater fishing license to take freshwater fish

31  for 3 consecutive days, $15.

                                  4

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         (b)(a)  Freshwater fishing license to take freshwater

 2  fish for 7 consecutive days, $25 $15.

 3         (c)(b)  Saltwater fishing license to take saltwater

 4  fish for 3 consecutive days, $5.

 5         (d)(c)  Saltwater fishing license to take saltwater

 6  fish for 7 consecutive days, $15.

 7         (e)(d)  Annual freshwater fishing license, $45 $30.

 8         (f)(e)  Annual saltwater fishing license, $30.

 9         (g)(f)  Hunting license to take game for 10 consecutive

10  days, $45 $25.

11         (h)(g)  Annual hunting license to take game, $150.

12         (i)(h)  Annual license to take fur-bearing animals,

13  $25.  However, a nonresident with a valid Florida hunting

14  license who is taking fur-bearing animals for noncommercial

15  purposes using guns or dogs only, and not traps or other

16  devices, is not required to purchase this license.

17         (8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL

18  ACTIVITY PERMITS.--In addition to any license required under

19  this chapter, the following permits and fees for specified

20  hunting, fishing, and recreational uses and activities are

21  required:

22         (a)  An annual Florida waterfowl permit for a resident

23  or nonresident to take wild ducks or geese within the state or

24  its coastal waters is $3.

25         (b)1.  An annual Florida turkey permit for a resident

26  or nonresident to take wild turkeys within the state is $5.

27         2.  An annual Florida turkey permit for a nonresident

28  to take wild turkeys within the state is $100.

29         (c)  An annual snook permit for a resident or

30  nonresident to take or possess any snook from any waters of

31  the state is $2.  Revenue generated from the sale of snook

                                  5

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1  permits shall be used exclusively for programs to benefit the

 2  snook population.

 3         (d)  An annual crawfish permit for a resident or

 4  nonresident to take or possess any crawfish for recreational

 5  purposes from any waters of the state is $2.  Revenue

 6  generated from the sale of crawfish permits shall be used

 7  exclusively for programs to benefit the crawfish population.

 8         (e)  An annual muzzle-loading gun permit for a resident

 9  or nonresident to hunt within the state with a muzzle-loading

10  gun is $5.  Hunting with a muzzle-loading gun is limited to

11  game seasons in which hunting with a modern firearm is not

12  authorized by the commission.

13         (f)  An annual archery permit for a resident or

14  nonresident to hunt within the state with a bow and arrow is

15  $5.  Hunting with an archery permit is limited to those game

16  seasons in which hunting with a firearm is not authorized by

17  the commission.

18         (g)  A special use permit for a resident or nonresident

19  to participate in limited entry hunting or fishing activities

20  as authorized by commission rule shall not exceed $100 per day

21  or $250 per week.  Notwithstanding any other provision of this

22  chapter, there are no exclusions, exceptions, or exemptions

23  from this permit fee.  In addition to the permit fee, the

24  commission may charge each special use permit applicant a

25  nonrefundable application fee not to exceed $10.

26         (h)1.  A management area permit for a resident or

27  nonresident to hunt on, fish on, or otherwise use for outdoor

28  recreational purposes land owned, leased, or managed by the

29  commission, or by the state for the use and benefit of the

30  commission, shall not exceed $25 per year.

31  

                                  6

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         2.  Permit fees for short-term use of land that is

 2  owned, leased, or managed by the commission may be established

 3  by rule of the commission for activities on such lands.  Such

 4  permits may be in lieu of, or in addition to, the annual

 5  management area permit authorized in subparagraph 1.

 6         3.  Other than for hunting or fishing, the provisions

 7  of this paragraph shall not apply on any lands not owned by

 8  the commission, unless the commission has obtained the written

 9  consent of the owner or primary custodian of such lands.

10         (i)1.  A recreational user permit is required to hunt

11  on, fish on, or otherwise use for outdoor recreational

12  purposes land leased by the commission from private

13  nongovernmental owners, except for those lands located

14  directly north of the Apalachicola National Forest, east of

15  the Ochlockonee River until the point the river meets the dam

16  forming Lake Talquin, and south of the closest federal

17  highway.  The fee for a recreational user permit shall be

18  based upon the economic compensation desired by the landowner,

19  game population levels, desired hunter density, and

20  administrative costs.  The permit fee shall be set by

21  commission rule on a per-acre basis. The recreational user

22  permit fee, less administrative costs of up to $25 per permit,

23  shall be remitted to the landowner as provided in the lease

24  agreement for each area.

25         2.  One minor dependent, 16 years of age or younger,

26  may hunt under the supervision of the permittee and is exempt

27  from the recreational user permit requirements.  The spouse

28  and dependent children of a permittee are exempt from the

29  recreational user permit requirements when engaged in outdoor

30  recreational activities other than hunting and when

31  accompanied by a permittee.  Notwithstanding any other

                                  7

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1  provision of this chapter, no other exclusions, exceptions, or

 2  exemptions from the recreational user permit fee are

 3  authorized.

 4         Section 4.  Subsection (1) of section 372.661, Florida

 5  Statutes, is amended to read:

 6         372.661  Private hunting preserve license fees;

 7  exception.--

 8         (1)  Any person who operates a private hunting preserve

 9  commercially or otherwise shall be required to pay a license

10  fee of $70 $25 for each such preserve; provided, however, that

11  during the open season established for wild game of any

12  species a private individual may take artificially propagated

13  game of such species up to the bag limit prescribed for the

14  particular species without being required to pay the license

15  fee required by this section; provided further that if any

16  such individual shall charge a fee for taking such game she or

17  he shall be required to pay the license fee required by this

18  section and to comply with the rules of the commission

19  relative to the operation of private hunting preserves.

20         Section 5.  Section 372.87, Florida Statutes, is

21  amended to read:

22         372.87  License fee; renewal, revocation.--The Fish and

23  Wildlife Conservation Commission is hereby authorized and

24  empowered to issue a license or permit for the keeping,

25  possessing, or exhibiting of poisonous or venomous reptiles,

26  upon payment of an annual fee of $100 $5 and upon assurance

27  that all of the provisions of ss. 372.86-372.91 and such other

28  reasonable rules and regulations as said commission may

29  prescribe will be fully complied with in all respects.  Such

30  permit may be revoked by the Fish and Wildlife Conservation

31  Commission upon violation of any of the provisions of ss.

                                  8

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1  372.86-372.91 or upon violation of any of the rules and

 2  regulations prescribed by said commission relating to the

 3  keeping, possessing, and exhibiting of any poisonous and

 4  venomous reptiles. Such permits or licenses shall be for an

 5  annual period to be prescribed by the said commission and

 6  shall be renewable from year to year upon the payment of said

 7  $5 fee and shall be subject to the same conditions,

 8  limitations, and restrictions as herein set forth.

 9         Section 6.  Subsection (2) of section 372.921, Florida

10  Statutes, is amended to read:

11         372.921  Exhibition of wildlife.--

12         (2)  The fees to be paid to the commission for the

13  issuance of permits for the exhibition of wildlife permits

14  required by subsection (1) shall be as follows:

15         (a)  For not more than 10 Class I, Class II, or Class

16  III individual specimens in the aggregate of all species, the

17  sum of $150 $5 per annum.

18         (b)  For over 10 Class I or Class II individual

19  specimens in the aggregate of all species, the sum of $250 per

20  annum.

21         (c)  For over 10 Class III individual specimens in the

22  aggregate of all species, the sum of $50 per annum.

23         (b)  For over 10 Class I, Class II, or Class III

24  individual specimens in the aggregate of all species, the sum

25  of $25 per annum.

26  

27  The fees prescribed by this subsection shall be submitted to

28  the commission with the application for permit required by

29  subsection (1) and shall be deposited in the State Game Trust

30  Fund.

31  

                                  9

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         Section 7.  Paragraph (b) of subsection (2) of section

 2  372.922, Florida Statutes, is amended to read:

 3         372.922  Personal possession of wildlife.--

 4         (2)  The classifications of types of wildlife and fees

 5  to be paid for permits for the personal possession of wildlife

 6  shall be as follows:

 7         (b)  Class II--Wildlife considered to present a real or

 8  potential threat to human safety, the sum of $140 $100 per

 9  annum.

10         Section 8.  Paragraph (a) of subsection (6) of section

11  403.087, Florida Statutes, is amended to read:

12         403.087  Permits; general issuance; denial; revocation;

13  prohibition; penalty.--

14         (6)(a)  The department shall require a processing fee

15  in an amount sufficient, to the greatest extent possible, to

16  cover the direct and indirect costs of reviewing and acting

17  upon any application for a permit or request for site-specific

18  alternative criteria or for an exemption from water quality

19  criteria and to cover the costs of surveillance and other

20  field services and related support activities associated with

21  any permit or plan approval issued pursuant to this chapter.

22  However, when an application is received without the required

23  fee, the department shall acknowledge receipt of the

24  application and shall immediately return the unprocessed

25  application to the applicant and shall take no further action

26  until the application is received with the appropriate fee.

27  The department shall adopt a schedule of fees by rule, subject

28  to the following limitations:

29         1.  The fee for any of the following may not exceed

30  $32,500:

31         a.  Hazardous waste, construction permit.

                                  10

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         b.  Hazardous waste, operation permit.

 2         c.  Hazardous waste, postclosure permit, or clean

 3  closure plan approval.

 4         2.  The permit fee for a Class I injection well

 5  construction permit may not exceed $12,500.

 6         3.  The permit fee for any of the following permits may

 7  not exceed $10,000:

 8         a.  Solid waste, construction permit.

 9         b.  Solid waste, operation permit.

10         c.  Class I injection well, operation permit.

11         4.  The permit fee for any of the following permits may

12  not exceed $7,500:

13         a.  Air pollution, construction permit.

14         b.  Solid waste, closure permit.

15         c.  Drinking water, construction or operation permit.

16         d.  Domestic waste residuals, construction or operation

17  permit.

18         e.  Industrial waste, operation permit.

19         f.  Industrial waste, construction permit.

20         5.  The permit fee for any of the following permits may

21  not exceed $5,000:

22         a.  Domestic waste, operation permit.

23         b.  Domestic waste, construction permit.

24         6.  The permit fee for any of the following permits may

25  not exceed $4,000:

26         a.  Wetlands resource management--(dredge and fill),

27  standard form permit.

28         b.  Hazardous waste, research and development permit.

29         c.  Air pollution, operation permit, for sources not

30  subject to s. 403.0872.

31  

                                  11

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         d.  Class III injection well, construction, operation,

 2  or abandonment permits.

 3         7.  The permit fee for Class V injection wells,

 4  construction, operation, and abandonment permits may not

 5  exceed $750.

 6         8.  The permit fee for any of the following permits may

 7  not exceed $500:

 8         a.  Domestic waste, collection system permits.

 9         b.  Wetlands resource management--(dredge and fill and

10  mangrove alterations), short permit form.

11         c.  Drinking water, distribution system permit.

12         9.  The permit fee for stormwater operation permits may

13  not exceed $100.

14         10.  The general permit fees for permits that require

15  certification by a registered professional engineer or

16  professional geologist may not exceed $500.  The general

17  permit fee for other permit types may not exceed $100.

18         11.  The fee for a permit issued pursuant to s. 403.816

19  is $5,000, and the fee for any modification of such permit

20  requested by the applicant is $1,000.

21         12.  The regulatory program and surveillance fees for

22  facilities permitted pursuant to s. 403.088 or s. 403.0885, or

23  for facilities permitted pursuant to s. 402 of the Clean Water

24  Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the

25  department has been granted administrative authority, shall be

26  limited as follows:

27         a.  The fees for domestic wastewater facilities shall

28  not exceed $7,500 annually.  The department shall establish a

29  sliding scale of fees based on the permitted capacity and

30  shall ensure smaller domestic waste dischargers do not bear an

31  inordinate share of costs of the program.

                                  12

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         b.  The annual fees for industrial waste facilities

 2  shall not exceed $11,500. The department shall establish a

 3  sliding scale of fees based upon the volume, concentration, or

 4  nature of the industrial waste discharge and shall ensure

 5  smaller industrial waste dischargers do not bear an inordinate

 6  share of costs of the program.

 7         c.  The department may establish a fee, not to exceed

 8  the amounts in subparagraphs 4. and 5., to cover additional

 9  costs of review required for permit modification or

10  construction engineering plans.

11         Section 9.  Subsection (5) of section 482.091, Florida

12  Statutes, is amended to read:

13         482.091  Employee identification cards.--

14         (5)  The fee for each identification card is $20 $10.

15         Section 10.  Subsection (1) of section 487.045, Florida

16  Statutes, is amended to read:

17         487.045  Fees.--

18         (1)  The department shall establish applicable fees by

19  rule. The fees shall not exceed $250 for commercial

20  applicators or $100 for private applicators and public

21  applicators, for initial licensing and for each subsequent

22  license renewal. The fees shall be determined annually and

23  shall represent department costs associated with enforcement

24  of the provisions of this chapter. By June 30, 2006, the

25  department shall establish fees by rule to meet the fee level

26  of $100 for private applicators and public applicators, for

27  initial licensing and for each subsequent license renewal.

28         Section 11.  Subsection (1) of section 487.048, Florida

29  Statutes, is amended to read:

30         487.048  Dealer's license; records.--

31  

                                  13

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         (1)  Each person holding or offering for sale, selling,

 2  or distributing restricted-use pesticides shall obtain a

 3  dealer's license from the department. Application for the

 4  license shall be made on a form prescribed by the department.

 5  The license must be obtained before entering into business or

 6  transferring ownership of a business.  The department may

 7  require examination or other proof of competency of

 8  individuals to whom licenses are issued or of individuals

 9  employed by persons to whom licenses are issued. Demonstration

10  of continued competency may be required for license renewal,

11  as set by rule.  The license shall be renewed annually as

12  provided by rule.  An annual license fee not exceeding $250

13  shall be established by rule. By June 30, 2006, the department

14  shall establish fees by rule to meet the fee level of $250 for

15  an annual dealer's license. However, a user of a

16  restricted-use pesticide may distribute unopened containers of

17  a properly labeled pesticide to another user who is legally

18  entitled to use that restricted-use pesticide without

19  obtaining a pesticide dealer's license.  The exclusive purpose

20  of distribution of the restricted-use pesticide is to keep it

21  from becoming a hazardous waste as defined in s. 403.703(21).

22         Section 12.  Section 534.021, Florida Statutes, is

23  amended to read:

24         534.021  Recording of marks or brands.--The department

25  shall be the recorder of livestock marks or brands, and the

26  marks or brands may not be recorded elsewhere in the state.

27  Any livestock owner who uses a mark or brand to identify her

28  or his livestock must register the mark or brand by applying

29  to the department.  The application must be made on a form

30  prescribed by the department and must be accompanied by a

31  facsimile of the brand applied for and a statement identifying

                                  14

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1  the county in which the applicant has or expects to have

 2  livestock bearing the mark or brand to be recorded.  The

 3  department shall, upon its satisfaction that the application

 4  meets the requirements of this chapter, record the mark or

 5  brand for exclusive statewide use by the applicant.  If an

 6  application is made to record a mark or brand previously

 7  recorded, the department shall determine whether the county in

 8  which the mark or brand will be used is near enough to another

 9  county in which the previously recorded mark or brand is used

10  to cause confusion or to aid theft or dishonesty, and if so,

11  the department must decline to admit to record the mark or

12  brand.  If a conflict arises between the owner of any recorded

13  mark or brand and another claiming the right to record the

14  same mark or brand, the department must give preference to the

15  present owner.  The department shall charge and collect at the

16  time of recording a fee of $25 $10 for each mark or brand. A

17  person may not use any mark or brand to which another has a

18  prior right of record.  It is unlawful to brand any animal

19  with a brand not registered with the department.

20         Section 13.  Section 534.031, Florida Statutes, is

21  amended to read:

22         534.031  Certified copies of marks and

23  brands.--Certified copies of recorded marks and brands shall

24  be furnished by the department when and as requested and it

25  shall charge and collect $10 $2 for each certificate.  Such

26  certificates shall be admissible in evidence in all courts.

27         Section 14.  Section 534.041, Florida Statutes, is

28  amended to read:

29         534.041  Renewal of certificate of mark or brand.--The

30  registration of a mark or brand entitles the registered owner

31  to exclusive ownership and use of the mark or brand for a

                                  15

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1  period ending at midnight on the last day of the month 5 years

 2  from the date of registration. Registration may be renewed,

 3  upon application and payment of a renewal fee of $25 $5, for

 4  successive 5-year periods, each ending at midnight on the last

 5  day of the month 5 years from the date of renewal.  At least

 6  60 days prior to the expiration of a registration, the

 7  department shall notify by letter the registered owner of the

 8  mark or brand that, upon application for renewal and payment

 9  of the renewal fee, the department will issue a renewal

10  certificate granting the registered owner exclusive ownership

11  and use of the mark or brand for another 5-year period ending

12  at midnight on the last day of the month 5 years from the date

13  of renewal. Failure to make application for renewal within the

14  month of expiration of a registration will cause the

15  department to send a second notice to the registered owner by

16  mail at her or his last known address. Failure of the

17  registered owner to make application for renewal within 30

18  days after receipt of the second notice will cause the owner's

19  mark or brand to be placed on an inactive list for a period of

20  12 months, after which it will be canceled and become subject

21  to registration by another person.

22         Section 15.  Subsection (1) of section 534.083, Florida

23  Statutes, is amended to read:

24         534.083  Livestock hauler's permit; display of permit

25  on vehicle; bill of lading.--

26         (1)  No person shall engage in the business of

27  transporting or hauling for hire livestock on any street or

28  highway, as defined in s. 316.003(53), without first having

29  applied for and obtained from the department a permit which

30  shall expire on December 31 of each year.  The information

31  supplied by the applicant on the application for permit shall

                                  16

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1  be certified under oath.  Cost of the permit shall be $25 $5

 2  for each year or fraction thereof.

 3         Section 16.  Subsections (1), (2), and (3) of section

 4  586.045, Florida Statutes, are amended to read:

 5         586.045  Certificates of registration and inspection.--

 6         (1)  Each beekeeper having honeybee colonies within the

 7  state shall apply to the department, on forms supplied by the

 8  department, for certificates of inspection and registration,

 9  and for annual renewal on the anniversary date of the

10  registration.  An application for renewal postmarked after the

11  anniversary date shall be accompanied by a $25 $10 late filing

12  fee.

13         (2)  Each application for registration or renewal of

14  registration shall be accompanied by a registration fee as set

15  by department rule, based on the cost of the honeybee

16  inspection program and based on the total number of colonies

17  operated by the registrant, as follows:.

18  Number of Colonies                                         Fee

19         1-5..............................................$7.50.

20         6-40...............................................$15.

21         41-200.............................................$30.

22         201-500.........................................$52.50.

23         501-2,000..........................................$75.

24         2,002-5,000.....................................$93.75.

25         More than 5,000...................................$125.

26  

27         (3)  Neither the registration fee nor the annual

28  renewal fee shall exceed $100. The department may exempt from

29  the payment of a registration fee those governmental agencies

30  having honeybee colonies for experimental or educational

31  purposes.

                                  17

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         Section 17.  Paragraph (h) of subsection (1) of section

 2  597.004, Florida Statutes, is amended to read:

 3         597.004  Aquaculture certificate of registration.--

 4         (1)  CERTIFICATION.--Any person engaging in aquaculture

 5  must be certified by the department.  The applicant for a

 6  certificate of registration shall submit the following to the

 7  department:

 8         (h)  One-hundred Fifty dollar annual registration fee.

 9         Section 18.  Subsection (3) of section 849.094, Florida

10  Statutes, is amended to read:

11         849.094  Game promotion in connection with sale of

12  consumer products or services.--

13         (3)  The operator of a game promotion in which the

14  total announced value of the prizes offered is greater than

15  $5,000 shall file with the Department of Agriculture and

16  Consumer Services a copy of the rules and regulations of the

17  game promotion and a list of all prizes and prize categories

18  offered at least 7 days before the commencement of the game

19  promotion.  Such rules and regulations may not thereafter be

20  changed, modified, or altered.  The operator of a game

21  promotion shall conspicuously post the rules and regulations

22  of such game promotion in each and every retail outlet or

23  place where such game promotion may be played or participated

24  in by the public and shall also publish the rules and

25  regulations in all advertising copy used in connection

26  therewith.  Radio and television announcements may indicate

27  that the rules and regulations are available at retail outlets

28  or from the operator of the promotion. A nonrefundable filing

29  fee of $150 $100 shall accompany each filing and shall be used

30  to pay the costs incurred in administering and enforcing the

31  provisions of this section.

                                  18

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






    Florida Senate - 2003                            CS for SB 372
    309-2430-03




 1         Section 19.  The Department of Environmental Protection

 2  shall determine the costs associated for each permit

 3  identified in Rule 62-4, Florida Administrative Code, pursuant

 4  to s. 403.087(6), Florida Statutes, and shall submit a report

 5  of such costs to the substantive committees of the Senate and

 6  the House of Representatives, the Senate Appropriations

 7  Committee, and the House of Representatives Appropriations

 8  Committee by December 1, 2003. The Department of Environmental

 9  Protection shall meet with the staffs of the substantive

10  committees and the appropriations committees of the Senate and

11  the House of Representatives monthly beginning June 1, 2003,

12  to provide a status report on the progress of determining such

13  costs.

14         Section 20.  This act shall take effect July 1, 2003.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 372

18                                 

19  The Committee Substitute for Senate Bill 372 is different from
    Senate Bill 372 in that it:
20  
    1.   Establishes a periodic fee review process in conjunction
21       with the trust fund review cycle provided in s.215.3206,
         F.S.
22  
    2.   Requires each agency to propose a schedule of fee changes
23       for review by the Legislature.

24  3.   Authorizes certain fee increases in the Fish and Wildlife
         Conservation Commission.
25  
    4.   Authorizes certain fee increases in the Department of
26       Agriculture and Consumer Services.

27  5.   Directs the Department of Environmental Protection to
         determine the costs associated with each permit
28       identified in Rul2 62-4, F.A.C., and submit a report to
         the Legislature by December 1, 2003.
29  

30  

31  

                                  19

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