The purpose of this rulemaking is to eliminate the reporting requirement for fertilizer tonnage statistical information. The effect will eliminate the requirement for fertilizer licensees to submit monthly tonnage statistical information.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of this rulemaking is to eliminate the reporting requirement for fertilizer tonnage statistical information. The effect will eliminate the requirement for fertilizer licensees to submit monthly tonnage statistical information.

SUBJECT AREA TO BE ADDRESSED: Fertilizer tonnage statistical information.

RULEMAKING AUTHORITY: 570.07(23), 576.181 FS.

LAW IMPLEMENTED: 576.041, 576.045 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sarah Oglesby, Chief Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Bldg. 8, Tallahassee, FL 2399-1650, [phone], [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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, on or before the 15th day of the following month, accompanied by inspection fee payment, as provided in Section 576.041, F.S. using the Department’s Feed, Seed, and Fertilizer Regulatory Website which can be located online at http://lims.flaes.org/HomeNew.aspx; or by submitting as instructed on form, Monthly Report of Fertilizer Sold in the State of Florida, FDACS-13239 Rev. (07/14) available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-06163, which is hereby incorporated by reference. A zero report shall be made for any month in which there were no sales. If a month’s sales do not exceed one ton, a zero report shall be made by the Licensee for that month’s tonnage. The unreported tonnage, less than one ton, shall be combined with subsequent months’ tonnages until such time as the cumulative total exceeds one ton at which time it shall be reported on the next month’s report.

(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 zero report shall be made for any month in which there were no sales.

(b) The monthly summary shall be submitted using the Department’s Feed, Seed, and Fertilizer Regulatory Website which can be located online at http://lims.flaes.org/HomeNew.aspx; or by submitting as instructed on form, Monthly Fertilizer Tonnage Reporting, FDACS-13238 Rev. (07/14) available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-06162, which is hereby incorporated by reference. The monthly summary shall also include the following:

1. 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, April 27, 2015, is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-06164.

2. Material Code (materials only; not for mixed fertilizer). The material codes can be 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 available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-06165.

Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576.041, 576.045 FS. History–New 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, 5-23-10, 12-30-15­,                            .