(1) Every person, except as provided in subsection (4), before selling, distributing for sale, offering for sale, exposing for sale, handling for sale, or soliciting orders for the purchase of any agricultural, vegetable, flower, tree, or shrub seed or mixture thereof, shall first register with the department as a seed dealer. The application for registration must include the name and location of each place of business at which the seed is sold, distributed for sale, offered for sale, exposed for sale, or handled for sale. The application must be filed with the department by using a form prescribed by the department or by using the department’s website and shall be accompanied by an annual registration fee for each such place of business based on the gross receipts from the sale of such seed for the last preceding license year as follows:

(a)1. Receipts of less than $500, a fee of $10.
2. Receipts of $500 or more but less than $1,000, a fee of $25.
3. Receipts of $1,000 or more but less than $2,500, a fee of $100.
4. Receipts of $2,500 or more but less than $5,000, a fee of $200.
5. Receipts of $5,000 or more but less than $10,000, a fee of $350.
6. Receipts of $10,000 or more but less than $20,000, a fee of $800.
7. Receipts of $20,000 or more but less than $40,000, a fee of $1,000.
8. Receipts of $40,000 or more but less than $70,000, a fee of $1,200.
9. Receipts of $70,000 or more but less than $150,000, a fee of $1,600.
10. Receipts of $150,000 or more but less than $400,000, a fee of $2,400.
11. Receipts of $400,000 or more, a fee of $4,600.

Terms Used In Florida Statutes 578.08

  • Dealer: means any person who sells or offers for sale any agricultural, vegetable, flower, tree, or shrub seed for seeding purposes, and includes farmers who sell cleaned, processed, packaged, and labeled seed. See Florida Statutes 578.011
  • Department: means the Department of Agriculture and Consumer Services or its authorized representative. See Florida Statutes 578.011
  • mixture: means seed consisting of more than one kind, each present in excess of 5 percent by weight of the whole. See Florida Statutes 578.011
  • Packet seed: means seed prepared for use in home gardens and household plantings packaged in labeled, sealed containers of less than 8 ounces and typically sold from seed racks or displays in retail establishments, via the Internet, or through mail order. See Florida Statutes 578.011
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Shrub seed: means seed of a woody plant that is smaller than a tree and has several main stems arising at or near the ground. See Florida Statutes 578.011
  • Stop-sale: means any written or printed notice or order issued by the department to the owner or custodian of any lot of agricultural, vegetable, flower, tree, or shrub seed in the state, directing the owner or custodian not to sell or offer for sale seed designated by the order within the state until the requirements of this law are complied with and a written release has been issued; except that the seed may be released to be sold for feed. See Florida Statutes 578.011
(b) For places of business not previously in operation, the fee shall be based on anticipated receipts for the first license year.
(2) A receipt from the department of the registration and payment of the fee shall constitute a sufficient permit for the dealer to engage in or continue in the business of selling, distributing for sale, offering or exposing for sale, handling for sale, or soliciting orders for the purchase of any agricultural, vegetable, flower, tree, or shrub seed within the state. However, the department has authority to suspend or revoke any permit for the violation of any provision of this law or of any rule adopted under authority hereof. The registration shall expire on June 30 of the next calendar year and shall be renewed on July 1 of each year. If any person subject to the requirements of this section fails to comply, the department may issue a stop-sale notice or order which shall prohibit the person from selling or causing to be sold any agricultural, vegetable, flower, tree, or shrub seed until the requirements of this section are met.
(3) Every person selling, distributing for sale, offering for sale, exposing for sale, handling for sale, or soliciting orders for the purchase of any agricultural, vegetable, flower, tree, or shrub seed in the state other than as provided in subsection (4), shall be subject to the requirements of this section.
(4) This chapter does not apply to farmers who sell only uncleaned, unprocessed, unpackaged, and unlabeled seed, but shall apply to farmers who sell cleaned, processed, packaged, and labeled seed in amounts in excess of $10,000 in any one year.
(5) When packet seed is sold, offered for sale, or exposed for sale, the company that packs seed for retail sale must register and pay fees as provided under subsection (1).
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