Senate Bill 2408c1
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Florida Senate - 1999 CS for SB 2408
By the Committee on Agriculture and Consumer Services; and
Senator Diaz-Balart
303-2045A-99
1 A bill to be entitled
2 An act relating to citrus canker; creating s.
3 581.1841, F.S.; requiring the Department of
4 Agriculture and Consumer Services to establish
5 emergency procedures for citrus canker removal
6 in residential areas; directing the department
7 to develop and implement a tree
8 canopy-replacement program; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 581.1841, Florida Statutes, is
14 created to read:
15 581.1841 Emergency procedures for citrus canker
16 removal in residential properties; tree replacement.--
17 (1) To carry out its duties with respect to emergency
18 responses to citrus canker when such activities involve entry
19 onto private residential properties in an urban area to
20 achieve detection and elimination of host plants, or other
21 regulated articles, infected or suspected of harboring citrus
22 canker bacteria, the department shall:
23 (a) Develop and provide a system for dissemination of
24 information to the public concerning bacterial citrus canker
25 and the methods used for its eradication or control. The
26 information disseminated must specify the characteristics of
27 the disease, the products and procedures to be used, any
28 expected effects on the human population and the environment
29 in the area in which the program is to be carried out, and any
30 recommended safety precautions and alternative methods of
31 responding to the disease.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 2408
303-2045A-99
1 (b) Use products that comply with all applicable state
2 and federal laws and rules.
3 (c) Ensure that its emergency procedures for citrus
4 canker removal in residential properties are reviewed and
5 approved by scientific experts selected by the department and
6 found to be biologically sound and in compliance with the
7 National Plant Board Principles of Plant Quarantine.
8 (2) The department shall, in writing, give notice to
9 each property owner, or his or her authorized representative,
10 upon entering the property for the purpose of surveying for
11 bacterial citrus canker. The notice must be in the form of a
12 written statement outlining the purpose of the survey and the
13 potential results of the survey. In addition, the department
14 shall post a sign centrally located in each neighborhood where
15 a citrus canker survey is being conducted. The sign shall
16 state in bold lettering "CITRUS CANKER SURVEY IN PROGRESS."
17 (3) If after the survey is completed the department
18 suspects that citrus canker is present, a department plant
19 pathologist must inspect the suspect property and conduct a
20 visual diagnosis. Upon determination of a
21 citrus-canker-positive or exposed host tree, the department
22 shall notify the property owners or their authorized
23 representatives, in writing, of the action to be taken. Such
24 notice must be in the form of an immediate final order and
25 must be delivered to the property owner within 30 working days
26 after diagnosis. The property owner must be given 5 working
27 days from the delivery of the immediate final order to review
28 it. Delivery must be in the form of personal delivery or by
29 certified mail. If the owner refuses delivery or fails to pick
30 up the certified mail, the notice shall be posted on the
31 affected property. The department shall implement its order to
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 2408
303-2045A-99
1 remove citrus-canker-affected host plants, and other articles,
2 after 5 working days from the date of the delivery of the
3 order, or sooner if the property owner signs a waiver agreeing
4 to such action.
5 (4) The department, pursuant to s. 581.031(15) and
6 (17), may create a citrus canker host-free buffer area,
7 delineated by department rule, to retard the spread of citrus
8 canker from known infected areas. In addition, the department
9 shall develop a compensation plan for the trees removed from
10 the buffer area. Compensation for the trees removed from the
11 buffer area is subject to annual legislative appropriation.
12 (5)(a) The department shall develop and implement a
13 tree-canopy replacement program for residential properties in
14 urbanized areas affected by citrus canker. The tree-canopy
15 replacement program is subject to the provisions of and
16 funding in specific legislative appropriations and the program
17 shall not be applicable to the buffer program in subsection
18 (4).
19 (b) As used in this section, the term "urbanized area"
20 means land that is zoned for purposes other than agricultural
21 purposes and that has a residential density of two or more
22 units per acre.
23 Section 2. This act shall take effect July 1, 1999.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 2408
303-2045A-99
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2408
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4 The Committee Substitute for Senate Bill 2408 is different
from Senate Bill 2408 in that it:
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- Requires the Department of Agriculture and Consumer
6 Services to post a sign centrally located in each
neighborhood where a citrus canker survey is conducted
7 that states "CITRUS CANKER SURVEY IN PROGRESS";
8 - Requires the department plant pathologist to inspect a
suspect property for citrus canker and to conduct a
9 visual diagnosis, rather than taking samples to verify
that citrus canker is present;
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- Changes the time that property owners have to review an
11 immediate final order from ten working days to five
working days;
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- Deletes a property owners's authority to appeal an
13 immediate final order issued by the department; and
14 - Specifies that the tree-canopy replacement program is
not applicable to the host-free buffer program.
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