HB 5125

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 482.2401, F.S.; replacing a
4	requirement that the department use all revenues from
5	certain administrative fines to support research or
6	education in pest control with an authorization to use
7	such available revenues for those purposes; amending s.
8	487.041, F.S.; establishing supplemental biennial
9	registration fees for certain brands of pesticide;
10	requiring the department to adopt rules publishing a list
11	of active ingredients contained in pesticides for which
12	the supplemental fee is required; providing for
13	retroactive assessment of the supplemental fees; providing
14	for use of the revenues collected from the fees; providing
15	for retroactive application; creating s. 531.56, F.S.;
16	requiring a permit for use of a weighing or measuring
17	device for commercial purposes; providing requirements for
18	the issuance of permits; establishing additional
19	requirements applicable to a permitted device after a
20	change in ownership; providing for expiration of permits;
21	requiring annual renewal of permits; requiring late fees
22	under certain circumstances; creating s. 531.57, F.S.;
23	exempting certain devices from permitting requirements;
24	creating s. 531.58, F.S.; requiring permit fees;
25	specifying maximum fees; providing for deposit,
26	appropriation, and use of funds; creating s. 531.59, F.S.;
27	authorizing the department to suspend or revoke permits
28	under certain circumstances; creating s. 531.60, F.S.;
29	prohibiting the department from testing a noncommercial
30	device unless a permit is issued for the device; creating
31	s. 531.61, F.S.; providing for device application forms,
32	permits, certificates, and identification tags or
33	stickers; creating s. 531.62, F.S.; prohibiting the
34	unpermitted use of commercial weighing and measuring
35	devices; providing penalties; amending ss. 576.021 and
36	576.045, F.S.; revising fees for the registration of
37	specialty fertilizers; amending s. 578.08, F.S.; revising
38	fees for the registration of seed dealers; amending ss.
39	589.08 and 589.081, F.S.; limiting the use of part of the
40	gross receipts from certain state forests for schools and
41	other purposes to counties that are fiscally constrained;
42	providing effective dates.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Subsection (3) of section 482.2401, Florida
47	Statutes, is amended to read:
48	482.2401  Disposition and use of revenues from fees and
49	fines.--
50	(3)  The department may use All revenues from
51	administrative fines shall be used to support contract research
52	or education in pest control. If revenues are available to
53	support such research or education, the department shall appoint
54	a committee composed of pest control industry members which
55	shall assist the department in establishing research or
56	education priorities, in developing requests for proposals for
57	bids, and in selecting research or education contractors from
58	qualified bidders.
59	Section 2.  Effective upon this act becoming a law and
60	retroactive to January 1, 2009, subsections (1) and (2) of
61	section 487.041, Florida Statutes, as amended by section 14 of
62	chapter 2009-20, Laws of Florida, are amended to read:
63	487.041  Registration.--
64	(1)(a)  Effective January 1, 2009, each brand of pesticide,
65	as defined in s. 487.021, which is distributed, sold, or offered
66	for sale, except as provided in this section, within this state
67	or delivered for transportation or transported in intrastate
68	commerce or between points within this state through any point
69	outside this state must be registered in the office of the
70	department, and such registration shall be renewed biennially.
71	Emergency exemptions from registration may be authorized in
72	accordance with the rules of the department. The registrant
73	shall file with the department a statement including:
74	1.  The name, business mailing address, and street address
75	of the registrant.
76	2.  The name of the brand of pesticide.
77	3.  An ingredient statement and a complete copy of the
78	labeling accompanying the brand of the pesticide, which must
79	conform to the registration, and a statement of all claims to be
80	made for it, including directions for use and a guaranteed
81	analysis showing the names and percentages by weight of each
82	active ingredient, the total percentage of inert ingredients,
83	and the names and percentages by weight of each "added
84	ingredient."
85	(b)  Effective January 1, 2009, for the purpose of
86	defraying expenses of the department in connection with carrying
87	out the provisions of this part, each registrant person shall
88	pay a biennial registration fee for each registered brand of
89	pesticide. The registration of each brand of pesticide shall
90	cover a designated 2-year period beginning on January 1 of each
91	odd-numbered year and expiring on December 31 of the following
92	year.
93	(c)  Each registration issued by the department to a
94	registrant for a period beginning in an odd-numbered year shall
95	be assessed a fee of $700 per brand of pesticide and a fee of
96	$200 for each special local need label and experimental use
97	permit, and the registration shall expire on December 31 of the
98	following year. Each registration issued by the department to a
99	registrant for a period beginning in an even-numbered year shall
100	be assessed a fee of $350 per brand of pesticide and fee of $100
101	for each special local need label and experimental use permit,
102	and the registration shall expire on December 31 of that year.
103	(d)1.  Effective January 1, 2009, in addition to the fees
104	assessed pursuant to paragraphs (b) and (c), for the purpose of
105	defraying the expenses of the department for testing pesticides
106	for food safety, each registrant shall pay a supplemental
107	biennial registration fee for each registered brand of pesticide
108	that contains an active ingredient for which the United States
109	Environmental Protection Agency has established a food tolerance
110	limit in 40 C.F.R. part 180. The department shall biennially
111	publish by rule a list of the pesticide active ingredients for
112	which a brand of pesticide is subject to the supplemental
113	registration fee.
114	2.  Each registration issued by the department to a
115	registrant for a period beginning in an odd-numbered year shall
116	be assessed a supplemental registration fee of $630 per brand of
117	pesticide that is subject to the fee pursuant to subparagraph 1.
118	Each registration issued by the department to a registrant for a
119	period beginning in an even-numbered year shall be assessed a
120	supplemental registration fee of $315 per brand of pesticide
121	that is subject to the fee pursuant to subparagraph 1. The
122	department shall retroactively assess the supplemental
123	registration fee for each brand of pesticide that registered on
124	or after January 1, 2009, and that is subject to the fee
125	pursuant to subparagraph 1.
126	(e)(d)  All revenues collected, less those costs determined
127	by the department to be nonrecurring or one-time costs, shall be
128	deferred over the 2-year registration period, deposited in the
129	General Inspection Trust Fund, and used by the department in
130	carrying out the provisions of this chapter. Revenues collected
131	from the supplemental registration fee may also be used by the
132	department for testing pesticides for food safety.
133	(f)(e)  If the renewal of a brand of pesticide, including
134	the special local need label and experimental use permit, is not
135	filed by January 31 of the renewal year, an additional fee of
136	$25 per brand of pesticide shall be assessed per month and added
137	to the original fee. This additional fee may not exceed $250 per
138	brand of pesticide. The additional fee must be paid by the
139	registrant before the renewal certificate for the registration
140	of the brand of pesticide is issued. The additional fee shall be
141	deposited into the General Inspection Trust Fund.
142	(g)(f)  This subsection does not apply to distributors or
143	retail dealers selling brands of pesticide if such brands of
144	pesticide are registered by another person.
145	(2)  The department shall adopt rules governing the
146	procedures for the registration of a brand of pesticide, and for
147	the review of data submitted by an applicant for registration of
148	the brand of pesticide, and for biennially publishing the list
149	of active ingredients for which a brand of pesticide is subject
150	to the supplemental registration fee pursuant to subparagraph
151	(1)(d)1. The department shall determine whether the brand of
152	pesticide should be registered, registered with conditions, or
153	tested under field conditions in this state. The department
154	shall determine whether each request for registration of a brand
155	of pesticide meets the requirements of current state and federal
156	law. The department, whenever it deems it necessary in the
157	administration of this part, may require the manufacturer or
158	registrant to submit the complete formula, quantities shipped
159	into or manufactured in the state for distribution and sale,
160	evidence of the efficacy and the safety of any pesticide, and
161	other relevant data. The department may review and evaluate a
162	registered pesticide if new information is made available that
163	indicates that use of the pesticide has caused an unreasonable
164	adverse effect on public health or the environment. Such review
165	shall be conducted upon the request of the State Surgeon General
166	in the event of an unreasonable adverse effect on public health
167	or the Secretary of Environmental Protection in the event of an
168	unreasonable adverse effect on the environment. Such review may
169	result in modifications, revocation, cancellation, or suspension
170	of the registration of a brand of pesticide. The department, for
171	reasons of adulteration, misbranding, or other good cause, may
172	refuse or revoke the registration of the brand of any pesticide
173	after notice to the applicant or registrant giving the reason
174	for the decision. The applicant may then request a hearing,
175	pursuant to chapter 120, on the intention of the department to
176	refuse or revoke registration, and, upon his or her failure to
177	do so, the refusal or revocation shall become final without
178	further procedure. The registration of a brand of pesticide may
179	not be construed as a defense for the commission of any offense
180	prohibited under this part.
181	Section 3.  Section 531.56, Florida Statutes, is created to
182	read:
183	531.56  Commercial weighing and measuring devices; permits;
184	renewals; late fees.--
185	(1)(a)  A person may not use any weighing or measuring
186	device in this state for commercial purposes as defined by
187	department rule if a permit fee is established for the device in
188	s. 531.58 unless the device is exempt from permitting under s.
189	531.57 or the applicable permit fee is paid and a valid permit
190	is issued by the department for the device.
191	(b)  A weighing or measuring device permit issued by the
192	department pursuant to this section and ss. 531.58-531.62
193	applies only to the specific device for which the permit is
194	issued. However, the department may allow a permit to apply to a
195	replacement for an original device. The department may include
196	multiple devices on a single permit but must require that the
197	applicable permit fees be paid for the devices in accordance
198	with s. 531.58.
199	(2)  If ownership of a permitted device changes, the
200	permit:
201	(a)  Transfers to the new owner and remains effective until
202	the permit's original expiration date, if the device remains at
203	the same location. The new owner must notify the department in
204	the format prescribed by the department within 30 calendar days
205	after a change in ownership. The department shall issue an
206	updated replacement permit if needed.
207	(b)  Expires if the device is moved to a new location. The
208	new owner must apply for a new permit.
209	(3)  A weighing or measuring device permit expires 1 year
210	after the date of issuance and must be renewed annually. If an
211	application for renewal of a permit is not received by the
212	department within 30 days after its due date, the applicant must
213	pay a late fee set by the department not to exceed $100 in
214	addition to the permit fee before the department may renew the
215	permit.
216	Section 4.  Section 531.57, Florida Statutes, is created to
217	read:
218	531.57  Exemptions from permitting.--Sections 531.56-531.62
219	do not apply to a commercial weighing or measuring device, if
220	any of the following apply:
221	(1)  The device is a taximeter licensed, permitted, or
222	registered by a weights and measures official appointed by a
223	county or municipality and is tested for accuracy and compliance
224	with state standards by the official in cooperation with the
225	state as authorized in s. 531.421.
226	(2)  The device is used exclusively for weighing railroad
227	cars and is tested for accuracy and compliance with state
228	standards by a private testing agency.
229	(3)  The device is used exclusively for measuring petroleum
230	products subject to the inspection fee under s. 525.09.
231	Section 5.  Section 531.58, Florida Statutes, is created to
232	read:
233	531.58  Permit fees; deposit and use of moneys.--
234	(1)  An application for a weighing or measuring device
235	permit must be accompanied by the applicable permit fees set by
236	the department. The fees charged for a permit shall be based on
237	the total number of weighing or measuring devices included in
238	the permit for use at any time during the period covered by the
239	permit.
240	(2)  The department shall set the permit fees in the
241	amounts necessary to defray the costs of administering and
242	enforcing this chapter but not to exceed the following amounts:
243	(a)  Weighing devices.--For weighing devices, the permit
244	fees shall be based on the manufacturer's rated capacity or the
245	device's design and use but may not exceed the following
246	amounts:
247	1.  For weighing devices whose capacity does not exceed 100
248	pounds or the metric equivalent, the permit fees may not exceed
249	the following amounts per retail establishment:
250
	Number of devices in a single retail establishment: Maximum fee per retail establishment:
251
	1 to 5 . . . . . . . . . . . . . . . . . . . . . $75
252
	6 to 10 . . . . . . . . . . . . . . . . . . . . . $175
253
	11 to 30 . . . . . . . . . . . . . . . . . . . . $250
254
	More than 30 . . . . . . . . . . . . . . . . . . $500
255
256	2.  For weighing devices whose capacity exceeds 100 pounds
257	or the metric equivalent, the permit fees may not exceed the
258	following amounts per device:
259
	Manufacturer's rated capacity: Maximum fee per device:
260
	At least 100 pounds but does not exceed 5,000 pounds or the metric equivalent. . . . . . . . . $200
261
	Exceeds 5,000 pounds but does not exceed 20,000 pounds or the metric equivalent . . . . . . . . . $300
262
	Exceeds 20,000 pounds or themetric equivalent . . . . . . . . . . . . . . . . $400
263
	Wheel load weighers . . . . . . . . . . . . . . . $35
264
	Static railroad track scales . . . . . . . . . . $1,000
265
	Belt conveyor scales . . . . . . . . . . . . . . $500
266
	In-motion railroad track scales . . . . . . . . . $1,000
267
268	(b)  Measuring devices.--For measuring devices, the permit
269	fees may not exceed the following amounts per device:
270	1.  For a mass flow meter whose maximum flow rate does not
271	exceed 150 pounds or the metric equivalent per minute, $100.
272	2.  For a mass flow meter whose maximum flow rate exceeds
273	150 pounds or the metric equivalent per minute, $500.
274	3.  For a volumetric flow meter whose maximum flow rate
275	does not exceed 20 gallons or the metric equivalent per minute,
276	$50.
277	4.  For a volumetric flow meter whose maximum flow rate
278	exceeds 20 gallons or the metric equivalent per minute, $100.
279	5.  For a tank whose capacity is less than 500 gallons or
280	the metric equivalent when used as a measure container with or
281	without gage rods or markers, $100.
282	6.  For a tank whose capacity is 500 or more gallons or the
283	metric equivalent when used as a measure container with or
284	without gage rods or markers, $200.
285	7.  For a taximeter, $50.
286	8.  For a grain moisture meter, $25.
287	9.  For a multiple dimension measuring device, $100.
288	(3)  All moneys received by the department pursuant to ss.
289	531.56-531.62 shall be deposited in the General Inspection Trust
290	Fund, are continuously appropriated to the department, and shall
291	be used by the department to administer this chapter.
292	Section 6.  Section 531.59, Florida Statutes, is created to
293	read:
294	531.59  Suspension and revocation of permits.--A weighing
295	or measuring device permit issued under ss. 531.56-531.62 may be
296	suspended or revoked by the department if the device for which
297	the permit was issued is used in violation of this chapter or
298	rules adopted under this chapter.
299	Section 7.  Section 531.60, Florida Statutes, is created to
300	read:
301	531.60  Noncommercial devices; permit required for testing
302	by department.--The department may not test a weighing or
303	measuring device for which a permit fee is established in s.
304	531.58, even if the device is not used for commercial purposes
305	as defined by department rule, unless a permit is obtained for
306	the device and the applicable fee is paid to the department
307	under ss. 531.58-531.62.
308	Section 8.  Section 531.61, Florida Statutes, is created to
309	read:
310	531.61  Forms, permits, certificates, and identification
311	tags or stickers; registration application forms.--
312	(1)  The department shall prescribe such forms, permits,
313	certificates, and identification tags or stickers necessary to
314	administer ss. 531.56-531.62.
315	(2)  Upon issuance of a weighing or measuring device
316	permit, the department shall issue to the applicant a
317	certificate or other evidence that the device is permitted
318	pursuant to ss. 531.56-531.62.
319	(3)  An application for a weighing or measuring device
320	permit must be submitted to the department in the format
321	prescribed by the department. The application must contain the
322	information required by the department.
323	Section 9.  Section 531.62, Florida Statutes, is created to
324	read:
325	531.62  Notice of violation of unpermitted weighing or
326	measuring device; tagging or sealing devices to prevent
327	unpermitted use; penalties.--If a weighing or measuring device
328	for which a permit fee is established in s. 531.58 is used for
329	commercial purposes as defined by department rule and a permit
330	was not obtained for the device, the department may:
331	(1)  Prohibit any further commercial use of the unpermitted
332	device until the applicable permit is issued.
333	(2)  Attach to the device such forms, notices, tags, or
334	seals to prevent the continued unpermitted use of the device.
335	(3)  Assess a late fee in accordance with s. 531.56(3).
336	(4)  In addition to requiring payment of the applicable
337	fees required to obtain a valid permit for use of the device,
338	impose any penalty authorized in s. 531.50(1) against the owner
339	and any person using the device.
340	Section 10.  Paragraph (a) of subsection (2) of section
341	576.021, Florida Statutes, is amended to read:
342	576.021  Registration and licensing.--
343	(2)(a)  A person may not distribute a specialty fertilizer
344	in this state until it is registered with the department by the
345	licensee whose name appears on the label. An application for
346	registration of each grade of specialty fertilizer shall be made
347	on a form furnished by the department and shall be accompanied
348	by an annual fee of $100 for each specialty fertilizer that is
349	registered for the first five registrations for each grade of
350	each brand. If more than five grades of specialty fertilizer are
351	to be registered by a licensee, the registration fee for the
352	sixth grade registered and for each subsequent grade registered
353	shall be $25 for each grade of each brand. All specialty
354	fertilizer registrations expire June 30 each year. All licensing
355	and registration fees paid to the department under this section
356	shall be deposited into the State Treasury to be placed in the
357	General Inspection Trust Fund to be used for the sole purpose of
358	funding the fertilizer inspection program.
359	Section 11.  Paragraph (a) of subsection (2) of section
360	576.045, Florida Statutes, is amended to read:
361	576.045  Nitrogen and phosphorus; findings and intent;
362	fees; purpose; best-management practices; waiver of liability;
363	compliance; rules; exclusions; expiration.--
364	(2)  FEES.--
365	(a)  In addition to the fees imposed under ss. 576.021 and
366	576.041, the following supplemental fees shall be collected and
367	paid by licensees for the sole purpose of implementing this
368	section:
369	1.  One hundred dollars for each license to distribute
370	fertilizer.
371	2.  One hundred dollars for each of the first five
372	specialty fertilizer registrations and $25 for each registration
373	after the first five.
374	3.  Fifty cents per ton for all fertilizer that contains
375	nitrogen or phosphorus and that is sold in this state.
376	Section 12.  Subsection (1) of section 578.08, Florida
377	Statutes, is amended to read:
378	578.08  Registrations.--
379	(1)  Every person, except as provided in subsection (4) and
380	s. 578.14, before selling, distributing for sale, offering for
381	sale, exposing for sale, handling for sale, or soliciting orders
382	for the purchase of any agricultural, vegetable, flower, or
383	forest tree seed or mixture thereof, shall first register with
384	the department as a seed dealer. The application for
385	registration shall include the name and location of each place
386	of business at which the seed is sold, distributed for sale,
387	offered for sale, exposed for sale, or handled for sale. The
388	application for registration shall be accompanied by an annual
389	registration fee for each such place of business based on the
390	gross receipts from the sale of such seed for the last preceding
391	license year as follows:
392	(a)1.  Receipts less than $2,500.01, fee of $100....$50
393	2.  Receipts more than $2,500 and less than $5,000.01, fee
394	of $200....$100
395	3.  Receipts more than $5,000 and less than $10,000.01, fee
396	of $350....$175
397	4.  Receipts more than $10,000 and less than $20,000.01,
398	fee of $800....$400
399	5.  Receipts more than $20,000 and less than $40,000.01,
400	fee of $1,000....$500
401	6.  Receipts more than $40,000 and less than $70,000.01,
402	fee of $1,200....$600
403	7.  Receipts more than $70,000 and less than $150,000.01,
404	fee of $1,600....$800
405	8.  Receipts more than $150,000 and less than $400,000.01,
406	fee of $2,400....$1,200
407	9.  Receipts more than $400,000, fee of $4,600....$2,300
408	(b)  For places of business not previously in operation,
409	the fee shall be based on anticipated receipts for the first
410	license year.
411	Section 13.  Subsection (2) of section 589.08, Florida
412	Statutes, is amended to read:
413	589.08  Land acquisition restrictions.--
414	(2)  The division may receive, hold the custody of, and
415	exercise the control of any lands, and set aside into a
416	separate, distinct, and inviolable fund, the proceeds which may
417	be derived from the sales of the products of such lands, the use
418	thereof in any manner, or the sale of such lands, except that
419	save the 25 percent of the proceeds thereof shall to be paid
420	into the State School Fund as provided by law. The division may
421	use and apply such funds for the acquisition, use, custody,
422	management, development, or improvement of any lands vested in
423	or subject to the control of such division. After full payment
424	is has been made to the Federal Government or other grantor for
425	the purchase of a state forest, to the Federal Government or
426	other grantor, then 15 percent of the gross receipts from a
427	state forest shall be paid to the fiscally constrained county or
428	counties as described in s. 218.67(1) in which the forest it is
429	located in proportion to the acreage located in each fiscally
430	constrained county for use by the county or counties for school
431	purposes.
432	Section 14.  Section 589.081, Florida Statutes, is amended
433	to read:
434	589.081  Withlacoochee State Forest and Goethe State
435	Forest; payment to counties of portion of gross receipts.--The
436	Division of Forestry shall pay 15 percent of the gross receipts
437	from Withlacoochee State Forest and the Goethe State Forest to
438	each fiscally constrained county as described in s. 218.67(1) in
439	which a portion of the respective forest is located in
440	proportion to the forest acreage located in each fiscally
441	constrained county. The funds must be equally divided between
442	the board of county commissioners and the school board of each
443	fiscally constrained county.
444	Section 15.  Except as otherwise expressly provided in this
445	act, this act shall take effect July 1, 2009.

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