Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for SB 1132 Barcode 450552 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/01/2012 06:13 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hays moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 180 and 181 4 insert: 5 Section 5. Paragraph (c) of subsection (4) of section 6 206.41, Florida Statutes, is amended to read: 7 206.41 State taxes imposed on motor fuel.— 8 (4) 9 (c)1. Any person who uses any motor fuel for agricultural, 10 aquacultural, commercial fishing, or commercial aviation 11 purposes on which fuel the tax imposed by paragraph (1)(e), 12 paragraph (1)(f), or paragraph (1)(g) has been paid is entitled 13 to a refund of such tax. 14 2. For the purposes of this paragraph, “agricultural and 15 aquacultural purposes” means motor fuel used in any tractor, 16 vehicle, or other farm equipment which is used exclusively on a 17 farm or for processing farm products on the farm, and no part of 18 which fuel is used in any vehicle or equipment driven or 19 operated upon the public highways of this state. This 20 restriction does not apply to the movement of a farm vehicle,or21 farm equipment, citrus harvesting equipment, or citrus fruit 22 loaders between farms. The transporting of bees by water and the 23 operating of equipment used in the apiary of a beekeeper shall 24 be also deemed an agricultural purpose. 25 3. For the purposes of this paragraph, “commercial fishing 26 and aquacultural purposes” means motor fuel used in the 27 operation of boats, vessels, or equipment used exclusively for 28 the taking of fish, crayfish, oysters, shrimp, or sponges from 29 salt or fresh waters under the jurisdiction of the state for 30 resale to the public, and no part of which fuel is used in any 31 vehicle or equipment driven or operated upon the highways of 32 this state; however, the term may in no way be construed to 33 include fuel used for sport or pleasure fishing. 34 4. For the purposes of this paragraph, “commercial aviation 35 purposes” means motor fuel used in the operation of aviation 36 ground support vehicles or equipment, no part of which fuel is 37 used in any vehicle or equipment driven or operated upon the 38 public highways of this state. 39 Section 6. Paragraph (a) of subsection (5) of section 40 316.515, Florida Statutes, is amended to read: 41 316.515 Maximum width, height, length.— 42 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT; 43 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.— 44 (a) Notwithstanding any other provisions of law, straight 45 trucks, agricultural tractors, citrus harvesting equipment, 46 citrus fruit loaders, and cotton module movers, not exceeding 50 47 feet in length, or any combination of up to and including three 48 implements of husbandry, including the towing power unit, and 49 any single agricultural trailer with a load thereon or any 50 agricultural implements attached to a towing power unit, or a 51 self-propelled agricultural implement or an agricultural 52 tractor, is authorized for the purpose of transporting peanuts, 53 grains, soybeans, citrus, cotton, hay, straw, or other 54 perishable farm products from their point of production to the 55 first point of change of custody or of long-term storage, and 56 for the purpose of returning to such point of production, or for 57 the purpose of moving such tractors, movers, and implements from 58 one point of agricultural production to another, by a person 59 engaged in the production of any such product or custom hauler, 60 if such vehicle or combination of vehicles otherwise complies 61 with this section. The Department of Transportation may issue 62 overlength permits for cotton module movers greater than 50 feet 63 but not more than 55 feet in overall length. Such vehicles shall 64 be operated in accordance with all safety requirements 65 prescribed by law and rules of the Department of Transportation. 66 67 ================= T I T L E A M E N D M E N T ================ 68 And the title is amended as follows: 69 70 Delete line 14 71 and insert: 72 for farm signs; amending s. 206.41, F.S.; revising the 73 definition of the term “agricultural and aquacultural 74 purposes” for purposes of the required refund of state 75 taxes imposed on motor fuel used for such purposes; 76 amending s. 316.515, F.S.; revising the Florida 77 Uniform Traffic Control Law to authorize the use of 78 citrus harvesting equipment and citrus fruit loaders 79 to transport certain agricultural products and to 80 authorize the use of certain motor vehicles to 81 transport citrus; providing an effective date.