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.

SUMMARY: Fertilizer tonnage statistical information.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not meet or exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. This proposed rule change will eliminate the reporting of monthly fertilizer tonnage summary and result in a cost reduction for fertilizer licensees and the Department.

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.

RULEMAKING 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 THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sarah Oglesby, Chief Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Bldg. 8, Tallahassee, FL 2399-1650; [phone]; [e-mail].

 

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) No change

(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,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anderson H. Rackley, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture, Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 29, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 10, 2016