Florida Senate - 2008 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1702
416828
Senate
Floor: AD/2R
5/1/2008 2:08 PM
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House
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The Conference Committee on CS for CS for SB 1702 recommended the
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following amendment:
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Conference Committee Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Subsection (2) of section 20.14, Florida
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Statutes, is reenacted.
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Section 2. Subsection (1) of section 125.27, Florida
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Statutes, is amended to read:
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125.27 Countywide forest fire protection; authority of the
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Division of Forestry; state funding; county fire control
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assessments; disposition; equipment donations.--
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(1) The Division of Forestry of the Department of
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Agriculture and Consumer Services and the board of county
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commissioners of each county in this state shall enter into
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agreements for the establishment and maintenance of countywide
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fire protection of all forest and wild lands within said county,
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with the total cost of such fire protection being funded by state
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and federal funds. Each county shall, under the terms of such
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agreements, be assessed each fiscal year, as its share of the
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cost of providing such fire protection, a sum in dollars equal to
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the total forest and wild land acreage of the county, as
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determined by the Division of Forestry, multiplied by 7 3 cents.
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The forest and wild lands acreage included in such agreements
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shall be reviewed each year by the contracting parties and the
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number of forest and wild land acres and the annual fire control
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assessment adjusted so as to reflect the current forest acreage
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of the county. In the event the division and the county
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commissioners do not agree, the Board of Trustees of the Internal
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Improvement Trust Fund shall make such acreage determination. All
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fire control assessments received by the Division of Forestry
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from the several counties under agreements made pursuant to this
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section shall be deposited as follows:
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(a) An amount equal to the total forest land and wild land
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acreage of the counties, multiplied by 4 cents, shall be
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distributed to the Incidental Trust Fund of the Division of
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Forestry; and
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(b) An amount equal to the total forest land and wild land
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acreage of the counties, multiplied by 3 cents, shall be
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distributed to into the General Revenue Fund.
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Section 3. Effective October 1, 2008, subsection (2) of
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section 370.07, Florida Statutes, is amended to read:
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370.07 Wholesale and retail saltwater products dealers;
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regulation.--
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(2) LICENSES; AMOUNT, TRUST FUND.--
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(a) A resident wholesale county seafood dealer is required
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to pay an annual license tax of $400 $300.
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(b) A resident wholesale state dealer is required to pay an
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annual license tax of $550 $450.
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(c) A nonresident wholesale county dealer is required to
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pay an annual license tax of $600 $500.
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(d) A nonresident wholesale state dealer is required to pay
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an annual license tax of $1,100 $1,000.
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(e) An alien wholesale county dealer is required to pay an
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annual license tax of $1,100 $1,000.
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(f) An alien wholesale state dealer is required to pay an
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annual license tax of $1,600 $1,500.
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(g) A resident retail dealer is required to pay an annual
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license tax of $75 $25; however, if such a dealer has more than
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one place of business, the dealer shall designate one place of
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business as a central place of business, shall pay an annual
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license tax of $75 $25 for such place of business, and shall pay
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an annual license tax of $25 $10 for each other place of
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business.
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(h) A nonresident retail dealer is required to pay an
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annual license tax of $250 $200; however, if such a dealer has
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more than one place of business, the dealer shall designate one
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place of business as a central place of business, shall pay an
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annual license tax of $250 $200 for such place of business, and
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shall pay an annual license tax of $40 $25 for each other place
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of business.
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(i) An alien retail dealer is required to pay an annual
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license tax of $300 $250; however, if such a dealer has more than
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one place of business, the dealer shall designate one place of
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business as a central place of business, shall pay an annual
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license tax of $300 $250 for such place of business, and shall
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pay an annual license tax of $65 $50 for each other place of
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business.
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(j) License or privilege taxes, together with any other
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funds derived from the Federal Government or from any other
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source, shall be deposited in a Florida Saltwater Products
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Promotion Trust Fund to be administered by the Department of
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Agriculture and Consumer Services for the sole purpose of
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promoting all fish and saltwater products produced in this state,
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except that 4 percent of the total wholesale and retail saltwater
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products dealer's license fees collected shall be deposited into
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the Marine Resources Conservation Trust Fund administered by the
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Fish and Wildlife Conservation Commission for the purpose of
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processing wholesale and retail saltwater products dealer's
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licenses.
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Section 4. Paragraph (b) of subsection (1) and paragraph
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(c) of subsection (2) of section 487.041, Florida Statutes, are
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amended to read:
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487.041 Registration.--
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(1)
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(b) For the purpose of defraying expenses of the department
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in connection with carrying out the provisions of this part, each
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person shall pay an annual registration fee of $350 $250 for each
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registered brand of pesticide. The annual registration fee for
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each special local need label and experimental use permit is
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$100. All registrations expire on December 31 of each year. If
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the renewal of a brand of pesticide, including the special local
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need label and experimental use permit, is not filed by January
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31 of the renewal year, an additional fee of $25 per brand of
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pesticide shall be assessed per month and added to the original
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fee. This additional fee may not exceed $250 per brand of
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pesticide. The additional fee must be paid by the registrant
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before the renewal certificate for the registration of the brand
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of pesticide is issued.
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(2)
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(c) Each registration issued by the department to a
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registrant for a period beginning in an odd-numbered year shall
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be assessed a fee of $700 $500 per brand of pesticide and a fee
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of $200 for each special local need label and experimental use
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permit, and the registration shall expire on December 31 of the
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following year. Each registration issued by the department to a
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registrant for a period beginning in an even-numbered year shall
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be assessed a fee of $350 $250 per brand of pesticide and fee of
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$100 for each special local need label and experimental use
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permit, and the registration shall expire on December 31 of that
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year.
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Section 5. Paragraph (b) of subsection (1) of section
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500.12, Florida Statutes, is amended to read:
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500.12 Food permits; building permits.--
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(1)
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(b) An application for a food permit from the department
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must be accompanied by a fee in an amount determined by
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department rule, which may not exceed $650 $500 and shall be used
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solely for the recovery of costs for the services provided,
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except that the fee accompanying an application for a food permit
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for operating a bottled water plant may not exceed $1,000 and the
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fee accompanying an application for a food permit for operating a
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packaged ice plant may not exceed $250. The fee for operating a
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bottled water plant or a packaged ice plant shall be set by rule
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of the department. Food permits must be renewed annually on or
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before January 1. If an application for renewal of a food permit
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is not received by the department within 30 days after its due
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date, a late fee, in an amount not exceeding $100, must be paid
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in addition to the food permit fee before the department may
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issue the food permit. The moneys collected shall be deposited in
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the General Inspection Trust Fund.
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Section 6. Subsection (3) of section 559.928, Florida
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Statutes, is amended to read:
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559.928 Registration.--
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(3) Each independent agent shall annually file an affidavit
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with the department prior to engaging in business in this state.
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This affidavit must include the independent agent's full name,
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legal business or trade name, mailing address, business address,
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telephone number, social security number, and the name or names
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and addresses of each seller of travel represented by the
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independent agent. A letter evidencing proof of filing must be
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issued by the department and must be prominently displayed in the
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independent agent's primary place of business. Each independent
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agent must also submit an annual registration fee of $50. All
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moneys collected pursuant to the imposition of the fee shall be
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deposited by the Chief Financial Officer into the General
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Inspection Trust Fund of the Department of Agriculture and
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Consumer Services for the sole purpose of administrating this
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part. As used in this subsection, the term "independent agent"
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means a person who represents a seller of travel by soliciting
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persons on its behalf; who has a written contract with a seller
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of travel which is operating in compliance with this part and any
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rules adopted thereunder; who does not receive a fee, commission,
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or other valuable consideration directly from the purchaser for
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the seller of travel; who does not at any time have any unissued
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ticket stock or travel documents in his or her possession; and
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who does not have the ability to issue tickets, vacation
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certificates, or any other travel document. The term "independent
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agent" does not include an affiliate of the seller of travel, as
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that term is used in s. 559.935(3), or the employees of the
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seller of travel or of such affiliates.
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Section 7. Subsection (1) of section 576.041, Florida
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Statutes, is amended to read:
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576.041 Inspection fees; records; bond.--
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(1) Every licensee shall pay to the department an
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inspection fee in the amount of $1 75 cents per ton for
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fertilizer sold in the state, except raw ground phosphate rock,
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soft phosphate, colloidal phosphate, phosphatic clays and all
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other untreated phosphatic materials, gypsum, hydrated lime,
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limestone, and dolomite when sold or used for agricultural
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purposes, on which the inspection fee shall be 30 cents per ton.
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All fees paid to the department under this section shall be
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deposited into the State Treasury to be placed in the General
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Inspection Trust Fund to be used for the sole purpose of funding
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the fertilizer inspection program.
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Section 8. Paragraph (b) of subsection (1) of section
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580.041, Florida Statutes, is amended to read:
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580.041 Master registration; fee; refusal or cancellation
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of registration.--
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(1)
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(b) The registration form shall be accompanied by a fee
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that shall be based on tons of feed distributed in this state
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during the previous year. If a distributor has been in business
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less than 1 year, the tonnage shall be estimated by the
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distributor for the first year and based on actual tonnage
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thereafter. These fees shall be as follows:
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SALES IN TONS FEE
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Zero, up to and including 25....$40 $25
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More than 25, up to and including 50....$75 $50
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More than 50, up to and including 100....$150 $100
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More than 100, up to and including 300....$375 $300
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More than 300, up to and including 600....$600 $500
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More than 600, up to and including 1,000....$900 $750
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More than 1,000, up to and including 2,000....$1,250 $1,000
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More than 2,000, up to and including 5,000....$2,000 $1,500
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More than 5,000....$3,500 $2,500
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Section 9. Paragraph (h) of subsection (1) of section
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597.004, Florida Statutes, is amended to read:
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597.004 Aquaculture certificate of registration.--
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(1) CERTIFICATION.--Any person engaging in aquaculture must
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be certified by the department. The applicant for a certificate
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of registration shall submit the following to the department:
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(h) One-hundred Fifty dollar annual registration fee.
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Section 10. Paragraph (e) of subsection (3) of section
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601.15, Florida Statutes, is amended to read:
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601.15 Advertising campaign; methods of conducting; excise
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tax; emergency reserve fund; citrus research.--
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(3)
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(e) The commission, upon an affirmative vote of a majority
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of its members and by an order entered by it prior to November
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August 1 of any year, may set the tax rates up to the maximum
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rates specified in this subsection if the commission determines
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that the specified tax rate will result in collection of funds,
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during the ensuing citrus season, which exceed projected needs,
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including all legal obligations. The tax rate shall apply only to
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the citrus season which began on August 1 of the same calendar
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year immediately follows entry of the order setting the rate.
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Such tax rate may be applied by variety and on the basis of
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whether the fruit enters the primary channel of trade for use in
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fresh or processed form. If the commission cannot agree on a box
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tax rate, the tax rate for the previous year shall remain in
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effect until the commission approves a new rate.
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Section 11. Section 570.191, Florida Statutes, is amended
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to read:
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570.191 Agricultural Emergency Eradication Trust
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Fund.--There is created in the office of the commissioner the
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Agricultural Emergency Eradication Trust Fund. Funds in the trust
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fund may be made available for the promotion, advancement, and
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protection of agriculture in this state, including maintaining or
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increasing market share and suppressing or eradicating wildfire,
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animal or plant disease, insect infestation, or a plant or pest
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that endangers or threatens agriculture upon certification by the
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commissioner that an agricultural emergency exists and that funds
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specifically appropriated for the emergency's purpose are
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exhausted or insufficient to eliminate the agricultural
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emergency. The term "agricultural emergency" means an animal or
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plant disease, insect infestation, or plant or pest endangering
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or threatening the horticultural, aquacultural, or other
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agricultural interests in this state.
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Section 12. Section 570.1911, Florida Statutes, is
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repealed.
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Section 13. Section 585.105, Florida Statutes, is repealed.
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Section 14. Except as otherwise expressly provided in this
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act, this act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to agriculture; reenacting s. 20.14(2),
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F.S., relating to the Department of Agriculture and
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Consumer Services; amending s. 125.27, F.S.; increasing
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the annual countywide fire control assessment; requiring
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that certain portions of the assessment be distributed
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into the Incidental Trust Fund of the Division of Forestry
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and the General Revenue Fund; amending s. 370.07, F.S.;
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increasing the annual license tax imposed on wholesale and
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retail saltwater products dealers; amending s. 487.041,
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F.S.; increasing the registration fee imposed on each
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brand of pesticide that is distributed, sold, or offered
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for sale; amending s. 500.12, F.S.; increasing the maximum
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amount allowed for a food permit application fee; amending
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s. 559.928, F.S.; requiring that independent agents pay an
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annual registration fee; specifying an amount for such
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fee; providing for the deposit and use of moneys obtained
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from the collection of such fee; amending s. 576.041,
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F.S.; increasing the fertilizer inspection fee; amending
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s. 580.041, F.S.; increasing the master registration fees
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imposed on commercial feed distributors; amending s.
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597.004, F.S.; increasing the registration fee for
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aquaculture certification; amending s. 601.15, F.S.;
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revising the deadline by which the Florida Citrus
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Commission sets the annual citrus excise tax rate;
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deleting a provision requiring the commission to consider
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certain projected collection of taxes in setting the rate;
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conforming provisions relating to the season upon which
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the tax rate applies; amending s. 570.191, F.S.; providing
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for money in the Agricultural Emergency Eradication Trust
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Fund to be made available under certain circumstances for
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specified additional purposes; repealing s. 570.1911,
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F.S., relating to notice of certification of an
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agricultural emergency; repealing s. 585.105, F.S.,
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relating to the purchase, distribution, and administration
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of approved brucella vaccine by the department; providing
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effective dates.
4/28/2008 3:56:00 PM 625-08802C-08
CODING: Words stricken are deletions; words underlined are additions.