Bill Text: FL S1536 | 2017 | Regular Session | Comm Sub
Bill Title: Agricultural Practices
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Failed) 2017-05-05 - Died in Appropriations, companion bill(s) passed, see HB 5401 (Ch. 2017-158), HB 7109 (Ch. 2017-36) [S1536 Detail]
Download: Florida-2017-S1536-Comm_Sub.html
Florida Senate - 2017 CS for SB 1536 By the Committee on Agriculture; and Senators Perry, Hutson, Broxson, and Grimsley 575-02672-17 20171536c1 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 a truck 10 tractor or heavy truck engaged in transporting certain 11 agricultural or horticultural products is eligible for 12 a restricted license plate for a fee; amending s. 13 487.041, F.S.; deleting a requirement that registrants 14 pay a supplemental fee for pesticides that contain an 15 active ingredient for which the United States 16 Environmental Protection Agency has established a food 17 tolerance limit; conforming provisions to changes made 18 by the act; deleting obsolete provisions; amending s. 19 801.011, F.S.; deleting an obsolete provision; making 20 technical changes; providing effective dates. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Paragraph (b) of subsection (3) and paragraph 25 (a) of subsection (5) of section 212.08, Florida Statutes, are 26 amended to read: 27 212.08 Sales, rental, use, consumption, distribution, and 28 storage tax; specified exemptions.—The sale at retail, the 29 rental, the use, the consumption, the distribution, and the 30 storage to be used or consumed in this state of the following 31 are hereby specifically exempt from the tax imposed by this 32 chapter. 33 (3) EXEMPTIONS; CERTAIN FARM EQUIPMENT.— 34 (b) The tax may not be imposed on that portion of the sales 35 price below $25,000$20,000for a trailer weighing 12,000 pounds 36 or less and purchased by a farmer for exclusive use in 37 agricultural production or to transport farm products from his 38 or her farm to the place where the farmer transfers ownership of 39 the farm products to another. This exemption is not forfeited by 40 using a trailer to transport the farmer’s farm equipment. The 41 exemption provided under this paragraph does not apply to the 42 lease or rental of a trailer. 43 (5) EXEMPTIONS; ACCOUNT OF USE.— 44 (a) Items in agricultural use and certain nets.—There are 45 exempt from the tax imposed by this chapter nets designed and 46 used exclusively by commercial fisheries; disinfectants, 47 fertilizers, insecticides, pesticides, herbicides, fungicides, 48 and weed killers used for application on crops or groves, 49 including commercial nurseries and home vegetable gardens, used 50 in dairy barns or on poultry farms for the purpose of protecting 51 poultry or livestock, or used directly on poultry or livestock; 52 animal health products which are applied to or consumed by 53 livestock or poultry for alleviation of pain or the cure or 54 prevention of sickness, disease, or suffering, including 55 antiseptics, absorbent cotton, gauze for bandages, lotions, 56 vitamins, and worm remedies; aquaculture health products; 57 portable containers or movable receptacles in which portable 58 containers are placed, used for processing farm products; field 59 and garden seeds, including flower seeds; nursery stock, 60 seedlings, cuttings, or other propagative material purchased for 61 growing stock; seeds, seedlings, cuttings, and plants used to 62 produce food for human consumption; cloth, plastic, and other 63 similar materials used for shade, mulch, or protection from 64 frost or insects on a farm; hog wire and nylon mesh netting used 65 on a farm for protection from predatory or destructive animals; 66 barbed wire fencing, including gates and materials used to 67 construct or repair such fencing, used on a beef or dairy cattle 68 farm; stakes used by a farmer to support plants during 69 agricultural production; generators used on poultry farms; 70 compressed or liquefied oxygen used in aquaculture production; 71 and liquefied petroleum gas or other fuel used to heat a 72 structure in which started pullets or broilers are raised; 73 however, such exemption is not allowed unless the purchaser or 74 lessee signs a certificate stating that the item to be exempted 75 is for the exclusive use designated herein. Also exempt are 76 cellophane wrappers, glue for tin and glass (apiarists), mailing 77 cases for honey, shipping cases, window cartons, and baling wire 78 and twine used for baling hay, when used by a farmer to contain, 79 produce, or process an agricultural commodity. 80 Section 2. Paragraph (n) of subsection (4) of section 81 320.08, Florida Statutes, is amended to read: 82 320.08 License taxes.—Except as otherwise provided herein, 83 there are hereby levied and imposed annual license taxes for the 84 operation of motor vehicles, mopeds, motorized bicycles as 85 defined in s. 316.003(2), tri-vehicles as defined in s. 316.003, 86 and mobile homes as defined in s. 320.01, which shall be paid to 87 and collected by the department or its agent upon the 88 registration or renewal of registration of the following: 89 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS 90 VEHICLE WEIGHT.— 91 (n) A truck tractor or heavy truck, not operated as a for 92 hire vehicle, which is engaged exclusively in transporting raw, 93 unprocessed, and nonmanufactured agricultural or horticultural 94 products within the statea 150-mile radius of its home address,95 is eligible for a restricted license plate for a fee of: 96 1. If such vehicle’s declared gross vehicle weight is less 97 than 44,000 pounds, $87.75 flat, of which $22.75 shall be 98 deposited into the General Revenue Fund. 99 2. If such vehicle’s declared gross vehicle weight is 100 44,000 pounds or more and such vehicle only transports from the 101 point of production to the point of primary manufacture; to the 102 point of assembling the same; or to a shipping point of a rail, 103 water, or motor transportation company, $324 flat, of which $84 104 shall be deposited into the General Revenue Fund. 105 106 Such not-for-hire truck tractors and heavy trucks used 107 exclusively in transporting raw, unprocessed, and 108 nonmanufactured agricultural or horticultural products may be 109 incidentally used to haul farm implements and fertilizers 110 delivered direct to the growers. The department may require any 111 documentation deemed necessary to determine eligibility prior to 112 issuance of this license plate. For the purpose of this 113 paragraph, “not-for-hire” means the owner of the motor vehicle 114 must also be the owner of the raw, unprocessed, and 115 nonmanufactured agricultural or horticultural product, or the 116 user of the farm implements and fertilizer being delivered. 117 Section 3. Paragraphs (d) through (j) of subsection (1) and 118 subsection (2) of section 487.041, Florida Statutes, are amended 119 to read: 120 487.041 Registration.— 121 (1) 122(d)1. Effective January 1, 2009, in addition to the fees123assessed pursuant to paragraphs (b) and (c), for the purpose of124defraying the expenses of the department for testing pesticides125for food safety, each registrant shall pay a supplemental126biennial registration fee for each registered brand of pesticide127that contains an active ingredient for which the United States128Environmental Protection Agency has established a food tolerance129limit in 40 C.F.R. part 180. The department shall biennially130publish by rule a list of the pesticide active ingredients for131which a brand of pesticide is subject to the supplemental132registration fee.1332. Each registration issued by the department to a134registrant for a period beginning in an odd-numbered year shall135be assessed a supplemental registration fee of $630 per brand of136pesticide that is subject to the fee pursuant to subparagraph 1.137Each registration issued by the department to a registrant for a138period beginning in an even-numbered year shall be assessed a139supplemental registration fee of $315 per brand of pesticide140that is subject to the fee pursuant to subparagraph 1. The141department shall retroactively assess the supplemental142registration fee for each brand of pesticide that registered on143or after January 1, 2009, and that is subject to the fee144pursuant to subparagraph 1.145 (d)(e)All revenues collected, less those costs determined 146 by the department to be nonrecurring or one-time costs, shall be 147 deferred over the 2-year registration period, deposited in the 148 General Inspection Trust Fund, and used by the department in 149 carrying out the provisions of this chapter.Revenues collected150from the supplemental registration fee may also be used by the151department for testing pesticides for food safety.152 (e)(f)If the renewal of a brand of pesticide, including 153 the special local need label and experimental use permit, is not 154 filed by January 31 of the renewal year, an additional fee of 155 $25 per brand of pesticide shall be assessed per month and added 156 to the original fee. This additional fee may not exceed $250 per 157 brand of pesticide. The additional fee must be paid by the 158 registrant before the renewal certificate for the registration 159 of the brand of pesticide is issued. The additional fee shall be 160 deposited into the General Inspection Trust Fund. 161 (f)(g)This subsection does not apply to distributors or 162 retail dealers selling brands of pesticide if such brands of 163 pesticide are registered by another person. 164 (g)(h)All registration fees, includingsupplemental fees165andlate fees, are nonrefundable. 166 (h)(i)For any currently registered pesticide product brand 167 that undergoes labeling revisions during the registration 168 period, the registrant shall submit to the department a copy of 169 the revised labeling along with a cover letter detailing such 170 revisions before the sale or distribution in this state of the 171 product brand with the revised labeling. If the labeling 172 revisions require notification of an amendment review by the 173 United States Environmental Protection Agency, the registrant 174 shall submit an additional copy of the labeling marked to 175 identify those revisions. 176 (i)(j)Effective January 1, 2013,All payments of any 177 pesticide registration fees, includingsupplemental fees and178 late fees, shall be submitted electronically using the 179 department’s Internet website for registration of pesticide 180 product brands. 181 (2) The department shall adopt rules governing the 182 procedures for the registration of a brand of pesticide and,for 183 the review of data submitted by an applicant for registration of 184 the brand of pesticide, and for biennially publishing the list185of active ingredients for which a brand of pesticide is subject186to the supplemental registration fee pursuant to subparagraph187(1)(d)1. The department shall determine whether the brand of 188 pesticide should be registered, registered with conditions, or 189 tested under field conditions in this state. The department 190 shall determine whether each request for registration of a brand 191 of pesticide meets the requirements of current state and federal 192 law. The department, whenever it deems it necessary in the 193 administration of this part, may require the manufacturer or 194 registrant to submit the complete formula, quantities shipped 195 into or manufactured in the state for distribution and sale, 196 evidence of the efficacy and the safety of any pesticide, and 197 other relevant data. The department may review and evaluate a 198 registered pesticide if new information is made available that 199 indicates that use of the pesticide has caused an unreasonable 200 adverse effect on public health or the environment. Such review 201 shall be conducted upon the request of the State Surgeon General 202 in the event of an unreasonable adverse effect on public health 203 or the Secretary of Environmental Protection in the event of an 204 unreasonable adverse effect on the environment. Such review may 205 result in modifications, revocation, cancellation, or suspension 206 of the registration of a brand of pesticide. The department, for 207 reasons of adulteration, misbranding, or other good cause, may 208 refuse or revoke the registration of the brand of any pesticide 209 after notice to the applicant or registrant giving the reason 210 for the decision. The applicant may then request a hearing, 211 pursuant to chapter 120, on the intention of the department to 212 refuse or revoke registration, and, upon his or her failure to 213 do so, the refusal or revocation shall become final without 214 further procedure. The registration of a brand of pesticide may 215 not be construed as a defense for the commission of any offense 216 prohibited under this part. 217 Section 4. Effective October 1, 2017, subsection (5) of 218 section 810.011, Florida Statutes, is amended to read: 219 810.011 Definitions.—As used in this chapter: 220 (5)(a) “Posted land” is that land upon which: 221 1. Signs are placed not more than 500 feet apart along, and 222 at each corner of, the boundaries of the land, upon which signs 223 there appears prominently, in letters of not less than 2 inches 224 in height, the words “no trespassing” and in addition thereto 225 the name of the owner, lessee, or occupant of said land. Said 226 signs shall be placed along the boundary line of posted land in 227 a manner and in such position as to be clearly noticeable from 228 outside the boundary line; or 229 2.a. Conspicuous no trespassing notice is painted on trees 230 or posts on the property, provided that the notice is: 231 (I) Painted in an international orange color and displaying 232 the stenciled words “No Trespassing” in letters no less than 2 233 inches high and 1 inch wide either vertically or horizontally; 234 (II) Placed so that the bottom of the painted notice is not 235 less than 3 feet from the ground or more than 5 feet from the 236 ground; and 237 (III) Placed at locations that are readily visible to any 238 person approaching the property and no more than 500 feet apart 239 on agricultural land. 240 b.Beginning October 1, 2007,When a landowner uses the 241 painted no trespassing posting to identify a “no trespassing” 242 area, suchthosepainted notices mustshallbe accompanied by 243 signs complying with subparagraph 1. and placed conspicuously at 244 all places where entry to the property is normally expected or 245 known to occur. 246 (b) It isshallnotbenecessary to give notice by posting 247 on any enclosed land or place not exceeding 5 acres in area on 248 which there is a dwelling house in order to obtain the benefits 249 of ss. 810.09 and 810.12 pertaining to trespass on enclosed 250 lands. 251 Section 5. Except as otherwise expressly provided in this 252 act, this act shall take effect July 1, 2017.