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A bill to be entitled

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An act relating to a review of the Department of

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Agriculture and Consumer Services under the Florida

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Government Accountability Act; reenacting s. 20.14(2)(a),

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(b), (c), (d), (f), (g), (h), (i), (k), and (l), F.S.,

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relating to the Divisions of Administration, Agricultural

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Environmental Services, Animal Industry, Aquaculture,

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Dairy Industry, Food Safety, Forestry, Fruit and

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Vegetables, Marketing and Development, and Plant Industry

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of the Department of Agriculture and Consumer Services;

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amending s. 125.27, F.S.; increasing the annual countywide

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fire control assessment; requiring that certain portions

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of the assessment be distributed into the General Revenue

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Fund and the Incidental Trust Fund of the Division of

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Forestry; amending s. 370.07, F.S.; increasing the annual

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license tax imposed on wholesale and retail saltwater

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products dealers; amending s. 487.041, F.S.; increasing

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the registration fee imposed on each brand of pesticide

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that is distributed, sold, or offered for sale; amending

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s. 500.12, F.S.; increasing the maximum amount allowed for

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a food permit application fee; amending s. 559.928, F.S.;

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requiring that independent agents pay an annual

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registration fee; specifying an amount for such fee;

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providing for the deposit and use of moneys obtained from

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the collection of such fee; amending s. 576.041, F.S.;

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increasing the fertilizer inspection fee; amending s.

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580.041, F.S.; increasing master registration fees imposed

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on commercial feed distributors; amending s. 597.004,

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F.S.; increasing the registration fee for aquaculture

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certification; providing an effective date.

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     WHEREAS, ss. 11.901-11.920, Florida Statutes, the Florida

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Government Accountability Act, subjects the Department of

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Agriculture and Consumer Services and its respective advisory

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committees to a sunset review process in order to determine

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whether the agency should be retained, modified, or abolished,

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and

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     WHEREAS, the Department of Agriculture and Consumer

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Services produced a report providing specific information, as

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enumerated in s. 11.906, Florida Statutes, and

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     WHEREAS, upon receipt of the report, the Joint Legislative

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Sunset Committee and committees of the Senate and the House of

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Representatives assigned to act as sunset review committees

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reviewed the report and requested studies by the Office of

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Program Policy Analysis and Government Accountability, and

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     WHEREAS, based on the department's report, studies of the

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Office of Program Policy Analysis and Government

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Accountability, and public input, the Joint Legislative Sunset

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Committee and legislative sunset review committees made

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recommendations concerning the abolition, continuation, or

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reorganization of the Department of Agriculture and Consumer

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Services and its advisory committees; the need for the

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functions performed by the agency and its advisory committees;

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and the consolidation, transfer, or reorganization of programs

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within the Department of Agriculture and Consumer Services,

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NOW, THEREFORE,

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

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     Section 1. Paragraphs (a), (b), (c), (d), (f), (g), (h),

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(i), (k), and (l) of subsection (2) of section 20.14, Florida

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Statutes, are 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 cents, 3

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cents of which shall be distributed into the General Revenue Fund

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and 4 cents of which shall be distributed into the Incidental

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Trust Fund of the Division of Forestry 3 cents. The forest and

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wild lands acreage included in such agreements shall be reviewed

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each year by the contracting parties and the number of forest and

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wild land acres and the annual fire control assessment adjusted

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so as to reflect the current forest acreage of the county. In the

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event the division and the county commissioners do not agree, the

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Board of Trustees of the Internal Improvement Trust Fund shall

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make such acreage determination. All fire control assessments

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received by the Division of Forestry from the several counties

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under agreements made pursuant to this section shall be deposited

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into the General Revenue Fund.

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     Section 3.  Subsection (2) of section 370.07, Florida

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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

250

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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.  This act shall take effect July 1, 2008.