Florida Senate - 2017 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1536
Ì877152)Î877152
576-03805-17
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Finance and Tax)
1 A bill to be entitled
2 An act relating to agricultural practices; amending s.
3 212.08, F.S.; increasing the portion of the sales
4 price for certain farm trailers that is exempt from
5 the sales and use tax; exempting certain animal and
6 aquaculture health products, fencing materials, and
7 oxygen products from sales, rental, use, consumption,
8 distribution, and storage taxes; amending s. 320.08,
9 F.S.; revising the circumstances under which truck
10 tractors used in certain forestry-related activities
11 are eligible for a specified license plate fee;
12 revising the circumstances under which a truck tractor
13 or heavy truck engaged in transporting certain
14 agricultural or horticultural products is eligible for
15 a restricted license plate for a fee; amending s.
16 487.041, F.S.; deleting a requirement that registrants
17 pay a supplemental fee for pesticides that contain an
18 active ingredient for which the United States
19 Environmental Protection Agency has established a food
20 tolerance limit; conforming provisions to changes made
21 by the act; deleting obsolete provisions; amending s.
22 801.011, F.S.; deleting an obsolete provision; making
23 technical changes; providing effective dates.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Paragraph (b) of subsection (3) and paragraph
28 (a) of subsection (5) of section 212.08, Florida Statutes, are
29 amended to read:
30 212.08 Sales, rental, use, consumption, distribution, and
31 storage tax; specified exemptions.—The sale at retail, the
32 rental, the use, the consumption, the distribution, and the
33 storage to be used or consumed in this state of the following
34 are hereby specifically exempt from the tax imposed by this
35 chapter.
36 (3) EXEMPTIONS; CERTAIN FARM EQUIPMENT.—
37 (b) The tax may not be imposed on that portion of the sales
38 price below $25,000 $20,000 for a trailer weighing 12,000 pounds
39 or less and purchased by a farmer for exclusive use in
40 agricultural production or to transport farm products from his
41 or her farm to the place where the farmer transfers ownership of
42 the farm products to another. This exemption is not forfeited by
43 using a trailer to transport the farmer’s farm equipment. The
44 exemption provided under this paragraph does not apply to the
45 lease or rental of a trailer.
46 (5) EXEMPTIONS; ACCOUNT OF USE.—
47 (a) Items in agricultural use and certain nets.—There are
48 exempt from the tax imposed by this chapter nets designed and
49 used exclusively by commercial fisheries; disinfectants,
50 fertilizers, insecticides, pesticides, herbicides, fungicides,
51 and weed killers used for application on crops or groves,
52 including commercial nurseries and home vegetable gardens, used
53 in dairy barns or on poultry farms for the purpose of protecting
54 poultry or livestock, or used directly on poultry or livestock;
55 animal health products that are administered to, applied to, or
56 consumed by livestock or poultry to alleviate pain or to cure or
57 prevent sickness, disease, or suffering, including, but not
58 limited to, antiseptics, absorbent cotton, gauze for bandages,
59 lotions, vaccines, vitamins, and worm remedies; aquaculture
60 health products that are used by aquaculture producers, as
61 defined in s. 597.0015, to prevent or treat fungi, bacteria, and
62 parasitic diseases; portable containers or movable receptacles
63 in which portable containers are placed, used for processing
64 farm products; field and garden seeds, including flower seeds;
65 nursery stock, seedlings, cuttings, or other propagative
66 material purchased for growing stock; seeds, seedlings,
67 cuttings, and plants used to produce food for human consumption;
68 cloth, plastic, and other similar materials used for shade,
69 mulch, or protection from frost or insects on a farm; hog wire
70 and nylon mesh netting used on a farm for protection from
71 predatory or destructive animals; barbed wire fencing, including
72 gates and materials used to construct or repair such fencing,
73 used on a beef or dairy cattle farm; stakes used by a farmer to
74 support plants during agricultural production; generators used
75 on poultry farms; compressed or liquefied oxygen used in
76 aquaculture production; and liquefied petroleum gas or other
77 fuel used to heat a structure in which started pullets or
78 broilers are raised; however, such exemption is not allowed
79 unless the purchaser or lessee signs a certificate stating that
80 the item to be exempted is for the exclusive use designated
81 herein. Also exempt are cellophane wrappers, glue for tin and
82 glass (apiarists), mailing cases for honey, shipping cases,
83 window cartons, and baling wire and twine used for baling hay,
84 when used by a farmer to contain, produce, or process an
85 agricultural commodity.
86 Section 2. Paragraphs (m) and (n) of subsection (4) of
87 section 320.08, Florida Statutes, are amended to read:
88 320.08 License taxes.—Except as otherwise provided herein,
89 there are hereby levied and imposed annual license taxes for the
90 operation of motor vehicles, mopeds, motorized bicycles as
91 defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
92 and mobile homes as defined in s. 320.01, which shall be paid to
93 and collected by the department or its agent upon the
94 registration or renewal of registration of the following:
95 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
96 VEHICLE WEIGHT.—
97 (m) Notwithstanding the declared gross vehicle weight, a
98 truck tractor used within this state a 150-mile radius of its
99 home address is eligible for a license plate for a fee of $324
100 flat if:
101 1. The truck tractor is used exclusively for hauling
102 forestry products; or
103 2. The truck tractor is used primarily for the hauling of
104 forestry products, and is also used for the hauling of
105 associated forestry harvesting equipment used by the owner of
106 the truck tractor.
107
108 Of the fee imposed by this paragraph, $84 shall be deposited
109 into the General Revenue Fund.
110 (n) A truck tractor or heavy truck, not operated as a for
111 hire vehicle, which is engaged exclusively in transporting raw,
112 unprocessed, and nonmanufactured agricultural or horticultural
113 products within the state a 150-mile radius of its home address,
114 is eligible for a restricted license plate for a fee of:
115 1. If such vehicle’s declared gross vehicle weight is less
116 than 44,000 pounds, $87.75 flat, of which $22.75 shall be
117 deposited into the General Revenue Fund.
118 2. If such vehicle’s declared gross vehicle weight is
119 44,000 pounds or more and such vehicle only transports from the
120 point of production to the point of primary manufacture; to the
121 point of assembling the same; or to a shipping point of a rail,
122 water, or motor transportation company, $324 flat, of which $84
123 shall be deposited into the General Revenue Fund.
124
125 Such not-for-hire truck tractors and heavy trucks used
126 exclusively in transporting raw, unprocessed, and
127 nonmanufactured agricultural or horticultural products may be
128 incidentally used to haul farm implements and fertilizers
129 delivered direct to the growers. The department may require any
130 documentation deemed necessary to determine eligibility prior to
131 issuance of this license plate. For the purpose of this
132 paragraph, “not-for-hire” means the owner of the motor vehicle
133 must also be the owner of the raw, unprocessed, and
134 nonmanufactured agricultural or horticultural product, or the
135 user of the farm implements and fertilizer being delivered.
136 Section 3. Paragraphs (d) through (j) of subsection (1) and
137 subsection (2) of section 487.041, Florida Statutes, are amended
138 to read:
139 487.041 Registration.—
140 (1)
141 (d)1. Effective January 1, 2009, in addition to the fees
142 assessed pursuant to paragraphs (b) and (c), for the purpose of
143 defraying the expenses of the department for testing pesticides
144 for food safety, each registrant shall pay a supplemental
145 biennial registration fee for each registered brand of pesticide
146 that contains an active ingredient for which the United States
147 Environmental Protection Agency has established a food tolerance
148 limit in 40 C.F.R. part 180. The department shall biennially
149 publish by rule a list of the pesticide active ingredients for
150 which a brand of pesticide is subject to the supplemental
151 registration fee.
152 2. Each registration issued by the department to a
153 registrant for a period beginning in an odd-numbered year shall
154 be assessed a supplemental registration fee of $630 per brand of
155 pesticide that is subject to the fee pursuant to subparagraph 1.
156 Each registration issued by the department to a registrant for a
157 period beginning in an even-numbered year shall be assessed a
158 supplemental registration fee of $315 per brand of pesticide
159 that is subject to the fee pursuant to subparagraph 1. The
160 department shall retroactively assess the supplemental
161 registration fee for each brand of pesticide that registered on
162 or after January 1, 2009, and that is subject to the fee
163 pursuant to subparagraph 1.
164 (d)(e) All revenues collected, less those costs determined
165 by the department to be nonrecurring or one-time costs, shall be
166 deferred over the 2-year registration period, deposited in the
167 General Inspection Trust Fund, and used by the department in
168 carrying out the provisions of this chapter. Revenues collected
169 from the supplemental registration fee may also be used by the
170 department for testing pesticides for food safety.
171 (e)(f) If the renewal of a brand of pesticide, including
172 the special local need label and experimental use permit, is not
173 filed by January 31 of the renewal year, an additional fee of
174 $25 per brand of pesticide shall be assessed per month and added
175 to the original fee. This additional fee may not exceed $250 per
176 brand of pesticide. The additional fee must be paid by the
177 registrant before the renewal certificate for the registration
178 of the brand of pesticide is issued. The additional fee shall be
179 deposited into the General Inspection Trust Fund.
180 (f)(g) This subsection does not apply to distributors or
181 retail dealers selling brands of pesticide if such brands of
182 pesticide are registered by another person.
183 (g)(h) All registration fees, including supplemental fees
184 and late fees, are nonrefundable.
185 (h)(i) For any currently registered pesticide product brand
186 that undergoes labeling revisions during the registration
187 period, the registrant shall submit to the department a copy of
188 the revised labeling along with a cover letter detailing such
189 revisions before the sale or distribution in this state of the
190 product brand with the revised labeling. If the labeling
191 revisions require notification of an amendment review by the
192 United States Environmental Protection Agency, the registrant
193 shall submit an additional copy of the labeling marked to
194 identify those revisions.
195 (i)(j) Effective January 1, 2013, All payments of any
196 pesticide registration fees, including supplemental fees and
197 late fees, shall be submitted electronically using the
198 department’s Internet website for registration of pesticide
199 product brands.
200 (2) The department shall adopt rules governing the
201 procedures for the registration of a brand of pesticide and, for
202 the review of data submitted by an applicant for registration of
203 the brand of pesticide, and for biennially publishing the list
204 of active ingredients for which a brand of pesticide is subject
205 to the supplemental registration fee pursuant to subparagraph
206 (1)(d)1. The department shall determine whether the brand of
207 pesticide should be registered, registered with conditions, or
208 tested under field conditions in this state. The department
209 shall determine whether each request for registration of a brand
210 of pesticide meets the requirements of current state and federal
211 law. The department, whenever it deems it necessary in the
212 administration of this part, may require the manufacturer or
213 registrant to submit the complete formula, quantities shipped
214 into or manufactured in the state for distribution and sale,
215 evidence of the efficacy and the safety of any pesticide, and
216 other relevant data. The department may review and evaluate a
217 registered pesticide if new information is made available that
218 indicates that use of the pesticide has caused an unreasonable
219 adverse effect on public health or the environment. Such review
220 shall be conducted upon the request of the State Surgeon General
221 in the event of an unreasonable adverse effect on public health
222 or the Secretary of Environmental Protection in the event of an
223 unreasonable adverse effect on the environment. Such review may
224 result in modifications, revocation, cancellation, or suspension
225 of the registration of a brand of pesticide. The department, for
226 reasons of adulteration, misbranding, or other good cause, may
227 refuse or revoke the registration of the brand of any pesticide
228 after notice to the applicant or registrant giving the reason
229 for the decision. The applicant may then request a hearing,
230 pursuant to chapter 120, on the intention of the department to
231 refuse or revoke registration, and, upon his or her failure to
232 do so, the refusal or revocation shall become final without
233 further procedure. The registration of a brand of pesticide may
234 not be construed as a defense for the commission of any offense
235 prohibited under this part.
236 Section 4. Effective October 1, 2017, subsection (5) of
237 section 810.011, Florida Statutes, is amended to read:
238 810.011 Definitions.—As used in this chapter:
239 (5)(a) “Posted land” is that land upon which:
240 1. Signs are placed not more than 500 feet apart along, and
241 at each corner of, the boundaries of the land, upon which signs
242 there appears prominently, in letters of not less than 2 inches
243 in height, the words “no trespassing” and in addition thereto
244 the name of the owner, lessee, or occupant of said land. Said
245 signs shall be placed along the boundary line of posted land in
246 a manner and in such position as to be clearly noticeable from
247 outside the boundary line; or
248 2.a. Conspicuous no trespassing notice is painted on trees
249 or posts on the property, provided that the notice is:
250 (I) Painted in an international orange color and displaying
251 the stenciled words “No Trespassing” in letters no less than 2
252 inches high and 1 inch wide either vertically or horizontally;
253 (II) Placed so that the bottom of the painted notice is not
254 less than 3 feet from the ground or more than 5 feet from the
255 ground; and
256 (III) Placed at locations that are readily visible to any
257 person approaching the property and no more than 500 feet apart
258 on agricultural land.
259 b. Beginning October 1, 2007, When a landowner uses the
260 painted no trespassing posting to identify a “no trespassing”
261 area, such those painted notices must shall be accompanied by
262 signs complying with subparagraph 1. and placed conspicuously at
263 all places where entry to the property is normally expected or
264 known to occur.
265 (b) It is shall not be necessary to give notice by posting
266 on any enclosed land or place not exceeding 5 acres in area on
267 which there is a dwelling house in order to obtain the benefits
268 of ss. 810.09 and 810.12 pertaining to trespass on enclosed
269 lands.
270 Section 5. Except as otherwise expressly provided in this
271 act, this act shall take effect July 1, 2017.