Provide a reference for the Application for Monthly Report of Fertilizer Sold in the State of Florida, (DACS-13239, Rev. 02/10) and Application for Monthly Fertilizer Tonnage Reporting, (DACS-13238, Rev. 05/08), not previously referenced in rule ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO: RULE TITLE
5E-1.012: Reports and Inspection Fee Payment, Inspection Fees, Reporting, Continuous Bond, Certificate of Deposit Requirement
PURPOSE AND EFFECT: Provide a reference for the Application for Monthly Report of Fertilizer Sold in the State of Florida, (DACS-13239, Rev. 02/10) and Application for Monthly Fertilizer Tonnage Reporting, (DACS-13238, Rev. 05/08), not previously referenced in rule language. Update the rule tonnage reporting requirements to agree with the Application for Monthly Fertilizer Tonnage Reporting, (DACS-13238, Rev. 05/08). To provide fertilizer companies the means to submit the Application for Monthly Report Of Fertilizer Sold In The State of Florida, (DACS-13239, Rev. 02/10) and Application for Monthly Fertilizer Tonnage Reporting, (DACS-13238, Rev. 05/08).
SUMMARY: Rule 5E-1.012, F.A.C., references the forms to be utilized for reporting monthly fertilizer tonnage sales and reporting statistical tonnage data.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. The SERC prepared by the agency states that the proposed rule will update and amend existing rules already in effect and specified in Rule 5E-1.012, F.A.C., affecting the 522 estimated fertilizer licensees. There are no anticipated costs of implementation or maintenance of this proposed rule to the Florida Department of Agriculture and Consumer Services or any other government agencies. There are no anticipated additional costs to be incurred by individuals and entities required to comply with this proposed rule. This proposed rule should have a negligible to null impact on any small business and is not expected to have a disproportionate impact on small business, small counties or small cities.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 570.07(23), 576.181 FS.
LAW IMPLEMENTED: 576.041, 576.045 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Bruce Nicely, Chief of Bureau of Compliance Monitoring; 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399; [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-1.012 Reports and Inspection Fee Payment, Inspection Fees, Reporting, Continuous Bond, Certificate of Deposit Requirement.

(1) Licensees must make a monthly report of fertilizer sold in the State of Florida and pay a monthly inspection fee. Each Licensee shall report the amount of all fertilizers sold each month, using DACS 13239, Monthly Report of Fertilizer Sold in the State of Florida, Rev. 02/10 (Form AB-7110) on or before the 15th day of the following month, accompanied by inspection fee payment, as provided by law. A negative report shall be made for any month in which there were no sales.

(2) Statistical report of fertilizer tonnage. This report covers all fertilizer movements other than wholesale. Each Licensee shipping or delivering fertilizers in other than wholesale movements in lots of one or more tons shall notify the department thereof. Notification shall consist of:

(a) A monthly summary to be submitted on or before the 15th of the month following the reporting period. A negative report shall be made for any month in which there were no sales.

(b) The monthly summary shall be submitted using DACS 13238, Monthly Fertilizer Tonnage Reporting, Rev. 05/08, Form No. IN-142 Rev. 9/91 indicating the following information:

1. Date, Licensee Name, Licensee Number, Licensee Address, Reporting Month and Year. or month and year, as appropriate;

2. Destination County Code using the five digit (state + county) United States Environmental Protection Agency (EPA) County Federal Information Processing Standard (FIPS) code. The EPA County FIPS Code Listing for the State of Florida, Updated April 10, 2009 is hereby adopted and incorporated by reference and can be obtained at the following website: www.epa.gov/enviro/html/codes/fl.html. Point of destination, including name or code number of county;

3. Quantity (net weight in tons).;

4. Material Code (materials only; not for mixed fertilizer). The material codes can found in Appendix C of the Uniform Fertilizer Tonnage Reporting System Instruction Manual, Edition 2 (08/25/2006) which is hereby adopted and incorporated by reference and can be obtained at the following website: www.aapfco.org/uftrsvXP/UFTRSXPDoc.pdf. Brand and grade (analysis);

5. Mixed Grades Guaranteed Analysis N-P-K. Product code (Florida license and/or registration number);

6. Form (bulk, bagged, or liquid).;

7. Use (Farm, Non-Farm Residential Lawn/Turf, Non-Farm Golf/Athletic Field, Non-Farm Garden/Landscape, Non-Farm Potting/Planting Soil, Non-Farm Nursery/ Greenhouse farm or non-farm).

(3) All invoices shall show the inspection fee on bulk fertilizers.

(3)(4) Each applicant for a fertilizer license shall post a continuous Surety Bond in the amount of $1,000 using Fertilizer Dealer’s Bond DACS 13229, Fertilizer Dealer’s Bond, Rev. 10/09 (Fertilizer Form No. IN-140, Rev. 2/93) or a continuous Certificate of Deposit in the amount of $1,000 made jointly in the names of the applicant and the Department with dividends payable to the applicant, or a continuous Certificate of Deposit in the amount of $1,000 accompanied by an Assignment of Certificate of Deposit DACS 13201, Assignment of Certificate of Deposit, Rev. 11/09 using (Fertilizer Form IN-204, Rev. 2/93).

(4)(5) Any Licensee who fails to report the amount of all fertilizers sold each month, using DACS 13239, Monthly Report of Fertilizer Sold in The State of Florida, Rev. 02/10, Form AB-7110 on or before the 15th day of the following month and accompanied by the inspection fee payment shall be required to secure with the Department a Surety Bond or Certificate of Deposit as outlined in the schedule below:

 

Highest Amount of Fees Paid During a Single Month of Last Year	Amount of Bond Deposit Required
0 – $1,000	$1,000
1,001 – 3,000	3,000
3,001 – 5,000	5,000
5,001 – 7,000	7,000
7,001 – 9,000	9,000
9,001 – 11,000	11,000
Over 11,000	15,000

 

(6) This schedule shall be implemented following the effective date of this rule.

(5)(7) FORMS. The Department following forms contained in this rule are hereby adopted and incorporated by reference and. These forms may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650, [phone] or by visiting the Department's website at www.doacs.state.fl.us/onestop/index.html.

(a) Form No. IN-140, Rev. 2/93.

(b) Form No. IN-142, Rev. 9/91.

(c) Form No. IN-204.

(d) Form AB-7110, Rev. 6/92.

Rulemaking Specific Authority 570.07(23), 576.181 FS. Law Implemented 576.041, 576.045 FS. History–Revised 1-23-67, 6-24-69, 2-26-71, 3-1-73, 1-1-77, Formerly 5E-1.12, Amended 8-3-93, 10-25-98,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Anderson Rackley, Director, Division of Agriculture Environmental Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Charles H. Bronson, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 9, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 4, 2009