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       Florida Senate - 2009                             CS for SB 1744
       By the Committee on General Government Appropriations; and
       Senator Baker
       601-03906-09                                          20091744c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; creating s. 531.60, F.S.; requiring
    4         a permit for weights and measures instruments or
    5         devices used commercially or tested by the department;
    6         creating s. 531.61, F.S.; providing exemptions from
    7         permit requirements; creating s. 531.62, F.S.;
    8         providing for permit application and annual renewal;
    9         creating s. 531.63, F.S.; providing for maximum permit
   10         fees based on the number and capacity of such
   11         instruments or devices; creating s. 531.64, F.S.;
   12         providing for the suspension or revocation of permits;
   13         creating s. 531.65, F.S.; authorizing the department
   14         to take certain actions and impose penalties for
   15         unpermitted use; creating s. 531.66, F.S.; directing
   16         the department to develop forms and adopt rules;
   17         amending s. 589.08, F.S.; limiting the payment of a
   18         certain percentage of the gross receipts from a state
   19         forest to fiscally constrained counties; amending s.
   20         589.081, F.S.; limiting the payment of a certain
   21         percentage of the gross receipts from specified state
   22         forests to the board of county commissioners and the
   23         school board of certain fiscally constrained counties;
   24         providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Section 531.60, Florida Statutes, is created to
   29  read:
   30         531.60Permit for commercially operated or tested weights
   31  or measures instrument or devices.—
   32         (1)A weights and measures instrument or device may not
   33  operate or be used for commercial purposes, as defined by
   34  department rule, within this state without a valid commercial
   35  use permit issued by the department, unless exempted as provided
   36  in s. 531.61. Such permit applies only to the specific
   37  instrument or device for which the permit was issued. However,
   38  the department may allow such permit to be applicable to a
   39  replacement for the original instrument or device.
   40         (2)If ownership of an instrument or devices for which a
   41  permit has been issued changes and the instrument or device:
   42         (a)Remains in the same location, the permit transfers to
   43  the new owner and remains in effect until its original
   44  expiration date. Within 30 days after the change in ownership,
   45  the new owner shall notify the department of the change and
   46  provide the pertinent information regarding the change in
   47  ownership and an updated replacement permit shall be issued if
   48  needed.
   49         (b)Moves to a new location, the permit automatically
   50  expires and a new permit must be issued which will expire 1 year
   51  following the date of issuance.
   52         (3)Weights and measures instruments or devices that are
   53  not used commercially may be tested by the department under this
   54  chapter only if they are permitted and appropriate fees paid as
   55  prescribed by this section and adopted rules.
   56         Section 2. Section 531.61, Florida Statutes, is created to
   57  read:
   58         531.61Exemptions from permit requirement.—Commercial
   59  weights or measures instruments or devices are exempt from the
   60  permit requirements of ss. 531.60-531.66 if:
   61         (1)The device is a taximeter that is licensed, permitted,
   62  or registered by a municipality, county, or other local
   63  government and is tested for accuracy and compliance with state
   64  standards by the local government in cooperation with the state
   65  as authorized in s. 531.421.
   66         (2)The device is used exclusively for weighing railroad
   67  cars and is tested for accuracy and compliance with state
   68  standards by a private testing agency.
   69         (3)The device is used exclusively for measuring petroleum
   70  products taxed under s. 525.09.
   71         Section 3. Section 531.62, Florida Statutes, is created to
   72  read:
   73         531.62Permit application and renewal.—
   74         (1)An application for a weights and measures commercial
   75  use permit shall be submitted to the department on a form
   76  prescribed and furnished by the department and must contain such
   77  information as the department may require by rule.
   78         (2)The application must be accompanied by a fee in an
   79  amount determined by department rule. However, the fee for each
   80  instrument or device may not exceed the maximum limits set forth
   81  in s. 531.63.
   82         (3)The department shall issue a permit and such other
   83  identification tags or stickers as necessary to provide evidence
   84  of compliance with ss. 531.60-531.66.
   85         (4)A permit expires 1 year following its date of issue and
   86  must be renewed annually. If an application for renewal is not
   87  received by the department within 30 days after its due date, a
   88  late fee of up to $100 must be paid in addition to the annual
   89  commercial use permit fee.
   90         (5)All permit fees shall be deposited into the General
   91  Inspection Trust Fund and used to carry out and enforce the
   92  provisions of this chapter relating to testing, inspection,
   93  licensing, and regulation of commercial weights and measures
   94  instruments or devices and practices in the state.
   95         Section 4. Section 531.63, Florida Statutes, is created to
   96  read:
   97         531.63Maximum permit fees.—The commercial use permit fees
   98  established for weights or measures instruments or devices shall
   99  be in an amount necessary to administer this chapter but may not
  100  exceed the amounts provided in this section.
  101         (1)For weighing devices, the fees must be based on the
  102  manufacturer’s rated capacity or the device’s design and use and
  103  whether measuring by inch or pounds or the metric equivalent:
  104         (a)For weighing devices of up to and including the 100
  105  pound capacity which are used during any portion of the period
  106  covered by the permit, the maximum annual fees per retail
  107  establishment may not exceed the following:
  109         Number of devices 					Maximum Fee
  110         in a single retail
  111         establishment
  112         1 to 5									 $75
  113         6 to 10									$175
  114         11 to 30									$250
  115         More than 30								$500
  117         (b)For weighing devices of greater than the 100-pound
  118  capacity, the maximum annual registration fees may not exceed
  119  the following amounts per device:
  121         Manufacturer’s rated capacity		Maximum Fee Per Device
  122         100-5,000 pounds							$200
  123         5,000-20,000 pounds							$300
  124         20,000 pounds or more						$400
  125         Wheel load weighers							 $35
  126         Static railroad track scales				   $1,000
  127         Belt-conveyor scales						$500
  128         In-motion railroad track scales			   $1,000
  130         (2)For other measuring devices, the annual permit fees per
  131  device may not exceed the following:
  132         (a)Mass flow meters having a maximum flow rate of up to
  133  150 pounds per minute							$100.
  134         (b)Mass flow meters having a maximum flow rate greater
  135  than 150 pounds per minute						$500.
  136         (c)Volumetric flow meters having a maximum flow rate of up
  137  to 20 gallons per minute							 $50.
  138         (d)Volumetric flow meters having a maximum flow rate
  139  greater than 20 gallons per minute					$100.
  140         (e)Tanks, under 500 gallons capacity, used as measure
  141  containers, with or without gage rods or markers		$100.
  142         (f)Tanks, 500 or more gallons capacity, used as measure
  143  containers, with or without gage rods or markers		$200.
  144         (g)Taximeters								 $50.
  145         (h)Grain moisture meters					 $25.
  146         (i)Multiple-dimension measuring devices		$100.
  147         (3)The owner or person in possession of a weight or
  148  measures instrument or device for which the permit fees have not
  149  been paid in accordance with this section may not use such
  150  instrument or device for commercial purposes.
  151         Section 5. Section 531.64, Florida Statutes, is created to
  152  read:
  153         531.64Suspension and revocation of permits.—Any permit
  154  issued under s. 531.62 may be suspended or revoked by the
  155  department if the devices or instruments for which the permit is
  156  issued are operated or used contrary to this chapter or adopted
  157  rules.
  158         Section 6. Section 531.65, Florida Statutes, is created to
  159  read:
  160         531.65Unauthorized use; penalties.—If a weights or
  161  measures instrument or device is used commercially without a
  162  valid commercial use permit, the department may:
  163         (1)Prohibit the further commercial use of the unpermitted
  164  instrument or device until the proper permit has been issued;
  165         (2)Employ and attach to the instrument or device such
  166  form, notice, tag, or seal to prevent the continued unauthorized
  167  use of the instrument or device;
  168         (3)In addition to the permit fees prescribed by rule for
  169  the commercial use of a weights and measures instrument or
  170  device, assess the late fee authorized under s. 531.62; or
  171         (4)Impose penalties as prescribed in s. 531.50 in addition
  172  to the payment of appropriate permit fees for the commercial use
  173  of a weights and measures instrument or device.
  174         Section 7. Section 531.66, Florida Statutes, is created to
  175  read:
  176         531.66Forms; rules.—
  177         (1)The department shall prescribe such forms, permits,
  178  certificates, and identification tags or stickers it considers
  179  necessary to carry out the permitting provisions of ss. 531.60
  180  531.66.
  181         (2)The department shall adopt rules necessary to
  182  administer ss. 531.60-531.66.
  183         Section 8. Subsection (2) of section 589.08, Florida
  184  Statutes, is amended to read:
  185         589.08 Land acquisition restrictions.—
  186         (2) The division may receive, hold the custody of, and
  187  exercise the control of any lands, and set aside into a
  188  separate, distinct and inviolable fund, any the proceeds which
  189  may be derived from the sales of the products of such lands, the
  190  use thereof in any manner, or the sale of such lands save the 25
  191  percent of the proceeds thereof to be paid into the State School
  192  Fund as provided by law. The division may use and apply such
  193  funds for the acquisition, use, custody, management,
  194  development, or improvement of any lands vested in or subject to
  195  the control of the such division. After full payment has been
  196  made for the purchase of a state forest, to the Federal
  197  Government or other grantor, then 15 percent of the gross
  198  receipts from a state forest shall be paid to the fiscally
  199  constrained county or counties, as described in s. 218.67(1), in
  200  which it is located in proportion to the acreage located in each
  201  county for use by the county or counties for school purposes.
  202         Section 9. Section 589.081, Florida Statutes, is amended to
  203  read:
  204         589.081 Withlacoochee State Forest and Goethe State Forest;
  205  payment to counties of portion of gross receipts.—The Division
  206  of Forestry shall pay 15 percent of the gross receipts from
  207  Withlacoochee State Forest and the Goethe State Forest to each
  208  fiscally constrained county, as described in s. 218.67(1), in
  209  which a portion of the respective forest is located in
  210  proportion to the forest acreage located in such each county.
  211  The funds must be equally divided between the board of county
  212  commissioners and the school board of each fiscally constrained
  213  county.
  214         Section 10. This act shall take effect July 1, 2009.

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