Senate Bill 1114c2
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Florida Senate - 2000 CS for CS for SB 1114
By the Committees on Fiscal Policy; Agriculture and Consumer
Services; and Senator Thomas
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1 A bill to be entitled
2 An act relating to protection of agriculture
3 and horticulture; amending s. 581.091, F.S.;
4 clarifying provisions with respect to a
5 requirement to immediately inform the
6 Department of Agriculture and Consumer Services
7 upon receipt or possession of any noxious weed,
8 plant, plant product, or regulated article
9 infected or infested with any plant pest,
10 declared to be a threat to the state's
11 agricultural and horticultural interests, and
12 to hold such weed, plant, or article for
13 inspection; providing that it is unlawful to
14 fail to disclose information regarding any
15 infected or infested plant, plant product,
16 regulated article, or noxious weed; amending s.
17 581.184, F.S.; defining the terms "infected or
18 infested" and "exposed to infection" for
19 purposes of the act; requiring the department
20 to develop a risk-assessment program for
21 commercial plantings; requiring the department
22 to develop a statewide program of
23 decontamination to prevent and limit the spread
24 of citrus canker disease; providing program
25 requirements; authorizing the department to
26 develop specified compliance agreements and
27 other agreements; requiring county sheriffs,
28 upon request of the department, to provide
29 assistance in obtaining access to private
30 property for the purpose of enforcing citrus
31 canker eradication efforts; specifying
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1 responsibilities of the sheriff; authorizing
2 the department to reimburse the sheriff for
3 reasonable costs of implementing the provisions
4 of the act; providing for satisfaction of
5 specified notice requirements; amending s.
6 193.461, F.S.; providing for classification of
7 lands subject to eradication or quarantine
8 programs; amending s. 298.005, F.S.; redefining
9 the term "owner" for purposes of ch. 298, F.S.,
10 relating to drainage and water control;
11 amending s. 298.11, F.S.; providing for
12 assessable land to entitle a landowner to vote
13 in an election of supervisors; amending s.
14 298.12, F.S.; limiting eligibility to vote in
15 such election to landowners whose assessments
16 are paid for the previous year; amending s.
17 298.22, F.S.; authorizing water control
18 districts to construct and operate facilities
19 to control and prevent agricultural pests and
20 diseases; amending s. 298.225, F.S.; specifying
21 those amendments that constitute insubstantial
22 amendments to a water control plan; providing
23 an effective date.
24
25 WHEREAS, the citrus industry is very important to
26 Florida's economy, generating $8 billion in revenue and
27 providing nearly 100,000 jobs for Floridians, and
28 WHEREAS, every citizen in the state benefits from
29 property taxes, sales taxes, and other revenues generated by
30 the citrus industry, and
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1 WHEREAS, Florida is known worldwide for its fresh and
2 processed citrus, and
3 WHEREAS, an emergency exists in the South Florida area
4 regarding the spread of citrus canker, a bacterial disease
5 that damages fruit, weakens and eventually kills trees, is
6 highly contagious, and the presence of which causes
7 quarantines to be imposed on the shipment of fresh fruit, and
8 WHEREAS, joint state and federal attempts to eradicate
9 citrus canker have so far been unsuccessful, and
10 WHEREAS, despite destruction of citrus trees infected
11 with citrus canker and of citrus trees within 125 feet of
12 canker-infected trees, citrus canker has spread at an alarming
13 rate and is now present throughout Miami-Dade County and
14 Broward County, and
15 WHEREAS, if not eradicated quickly, citrus canker will
16 spread to other parts of the state and may destroy the citrus
17 industry and dooryard citrus throughout Florida, and
18 WHEREAS, recent scientific studies have shown that
19 citrus trees as far as 1,900 feet from infected citrus trees
20 will develop the disease from wind-blown rain or by other
21 means, and
22 WHEREAS, the Third District Court of Appeals, in Luis
23 Varela, et al. v. State of Florida, Department of Agriculture
24 and Consumer Services, DCA Case No. 98-2966, held that citrus
25 trees within a certain radius of infection (originally thought
26 to be 125 feet but now scientifically determined to be at
27 least 1,900 feet) necessarily harbor the citrus canker
28 bacteria and thus are diseased and have no value, NOW,
29 THEREFORE,
30
31 Be It Enacted by the Legislature of the State of Florida:
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1
2 Section 1. Section 581.091, Florida Statutes, is
3 amended to read:
4 581.091 Noxious weeds and infected plants or regulated
5 articles; sale or distribution; receipt; information to
6 department; withholding information.--
7 (1) It is unlawful for any person to knowingly sell,
8 offer for sale, or distribute any noxious weed, or any plant
9 or plant product or regulated article infested or infected
10 with any plant pest declared, by rule of the department, to be
11 a public nuisance or a threat to the state's agricultural and
12 horticultural interests.
13 (2) Any person who knows or reasonably should know
14 that such person possesses or has received knowingly receives
15 any noxious weed or any plant, plant product, or regulated
16 article sold, given away, carried, shipped, or delivered for
17 carriage or shipment within this state, in violation of the
18 provisions of this chapter or the rules adopted thereunder
19 shall immediately inform the department and isolate and hold
20 the weed, plant, plant product, or other thing unopened or
21 unused subject to inspection or other disposition as may be
22 provided by the department.
23 (3) It is unlawful for any person to fail to disclose
24 knowingly conceal or willfully withhold available information
25 regarding any infected or infested plant, plant product,
26 regulated article, or noxious weed.
27 Section 2. Section 581.184, Florida Statutes, is
28 amended to read:
29 581.184 Adoption Promulgation of rules; citrus canker
30 eradication; voluntary destruction agreements; buffer zone.--
31 (1) As used in this section, the term:
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1 (a) "Infected or infested" means citrus trees
2 harboring the citrus canker bacteria and exhibiting visible
3 symptoms of the disease.
4 (b) "Exposed to infection" means citrus trees
5 harboring the citrus canker bacteria due to their proximity,
6 within a 1,900-foot radius, to infected citrus trees, and
7 which do not yet exhibit visible symptoms of the disease but
8 which will develop symptoms over time, at which point such
9 trees will have infected other citrus trees.
10 (2)(1) In addition to the powers and duties set forth
11 under this chapter, the department is directed to adopt rules
12 specifying facts and circumstances that, if present, would
13 require the destruction of plants for purposes of eradicating,
14 controlling, or preventing the dissemination of citrus canker
15 disease in the state. In addition, the department is directed
16 to adopt rules regarding the conditions under which citrus
17 plants can be grown, moved, and planted in this state as may
18 be necessary for the eradication, control, or prevention of
19 the dissemination of citrus canker. Such rules shall be in
20 effect for any period during which, in the judgment of the
21 Commissioner of Agriculture, there is the threat of the spread
22 of citrus canker disease in the state. Such rules may provide
23 for the conduct of any activity regulated by such rules
24 subject to an agreement by persons wishing to engage in such
25 activity to voluntarily destroy, at their own expense, citrus
26 plants declared by the department to be imminently dangerous
27 by reason of being infected or infested with citrus canker or
28 exposed to infection and likely to communicate same. The
29 terms of such agreement may also require the destruction of
30 healthy plants under specified conditions. Any such
31 destruction shall be done after reasonable notice in a manner
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1 pursuant to and under conditions set forth in the agreement.
2 Such agreements may include releases and waivers of liability
3 and may require the agreement of other persons.
4 (3)(2) The department, pursuant to s. 581.031(15) and
5 (17), may create a citrus canker host-free buffer area,
6 delineated by department rule, to retard the spread of citrus
7 canker from known infected areas. In addition, the department
8 shall develop a compensation plan for the trees removed from
9 the buffer area. Compensation for the trees removed from the
10 buffer area is subject to annual legislative appropriation.
11 (4) The department shall develop by rule and implement
12 a risk assessment program for commercial plantings.
13 (5) The department shall develop by rule, pursuant to
14 ss. 120.54 and 120.536(1), a statewide program of
15 decontamination to prevent and limit the spread of citrus
16 canker disease. Such program shall address the application of
17 decontamination procedures and practices to all citrus plants
18 and plant products, vehicles, equipment, machinery, tools,
19 objects, and persons who could in any way spread or aid in the
20 spreading of citrus canker in this state. The department may
21 develop compliance and other agreements which it determines
22 can aid in the carrying out of the purposes of this section,
23 and enter into such agreements with any person or entity.
24 (6) Upon request of the department, the sheriff of
25 each county in the state shall provide assistance in obtaining
26 access to private property for the purpose of enforcing the
27 provisions of this section. The sheriff shall be responsible
28 for maintaining public order during the eradication process
29 and protecting the safety of department employees,
30 representatives, and agents charged with implementing and
31 enforcing the provisions of this section. The department may
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1 reimburse the sheriff for the reasonable costs of implementing
2 the provisions of this subsection.
3 (7) Posting of an order on the property on which
4 citrus trees are to be cut pursuant to the citrus canker
5 eradication program shall meet the notice requirement of s.
6 120.569(1).
7 Section 3. Section 193.461, Florida Statutes, is
8 amended to read:
9 193.461 Agricultural lands; classification and
10 assessment; mandated eradication or quarantine program.--
11 (1) The property appraiser shall, on an annual basis,
12 classify for assessment purposes all lands within the county
13 as either agricultural or nonagricultural.
14 (2) Any landowner whose land is denied agricultural
15 classification by the property appraiser may appeal to the
16 value adjustment board. The property appraiser shall notify
17 the landowner in writing of the denial of agricultural
18 classification on or before July 1 of the year for which the
19 application was filed. The notification shall advise the
20 landowner of his or her right to appeal to the value
21 adjustment board and of the filing deadline. The board may
22 also review all lands classified by the property appraiser
23 upon its own motion. The property appraiser shall have
24 available at his or her office a list by ownership of all
25 applications received showing the acreage, the full valuation
26 under s. 193.011, the valuation of the land under the
27 provisions of this section, and whether or not the
28 classification requested was granted.
29 (3)(a) No lands shall be classified as agricultural
30 lands unless a return is filed on or before March 1 of each
31 year. The property appraiser, before so classifying such
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1 lands, may require the taxpayer or the taxpayer's
2 representative to furnish the property appraiser such
3 information as may reasonably be required to establish that
4 such lands were actually used for a bona fide agricultural
5 purpose. Failure to make timely application by March 1 shall
6 constitute a waiver for 1 year of the privilege herein granted
7 for agricultural assessment. However, an applicant who is
8 qualified to receive an agricultural classification who fails
9 to file an application by March 1 may file an application for
10 the classification and may file, pursuant to s. 194.011(3), a
11 petition with the value adjustment board requesting that the
12 classification be granted. The petition may be filed at any
13 time during the taxable year on or before the 25th day
14 following the mailing of the notice by the property appraiser
15 as provided in s. 194.011(1). Notwithstanding the provisions
16 of s. 194.013, the applicant must pay a nonrefundable fee of
17 $15 upon filing the petition. Upon reviewing the petition, if
18 the person is qualified to receive the classification and
19 demonstrates particular extenuating circumstances judged by
20 the property appraiser or the value adjustment board to
21 warrant granting the classification, the property appraiser or
22 the value adjustment board may grant the classification. The
23 owner of land that was classified agricultural in the previous
24 year and whose ownership or use has not changed may reapply on
25 a short form as provided by the department. The lessee of
26 property may make original application or reapply using the
27 short form if the lease, or an affidavit executed by the
28 owner, provides that the lessee is empowered to make
29 application for the agricultural classification on behalf of
30 the owner and a copy of the lease or affidavit accompanies the
31 application. A county may, at the request of the property
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1 appraiser and by a majority vote of its governing body, waive
2 the requirement that an annual application or statement be
3 made for classification of property within the county after an
4 initial application is made and the classification granted.
5 (b) Subject to the restrictions set out in this
6 section, only lands which are used primarily for bona fide
7 agricultural purposes shall be classified agricultural. "Bona
8 fide agricultural purposes" means good faith commercial
9 agricultural use of the land. In determining whether the use
10 of the land for agricultural purposes is bona fide, the
11 following factors may be taken into consideration:
12 1. The length of time the land has been so utilized;
13 2. Whether the use has been continuous;
14 3. The purchase price paid;
15 4. Size, as it relates to specific agricultural use;
16 5. Whether an indicated effort has been made to care
17 sufficiently and adequately for the land in accordance with
18 accepted commercial agricultural practices, including, without
19 limitation, fertilizing, liming, tilling, mowing, reforesting,
20 and other accepted agricultural practices;
21 6. Whether such land is under lease and, if so, the
22 effective length, terms, and conditions of the lease; and
23 7. Such other factors as may from time to time become
24 applicable.
25 (c) The maintenance of a dwelling on part of the lands
26 used for agricultural purposes shall not in itself preclude an
27 agricultural classification.
28 (d) When property receiving an agricultural
29 classification contains a residence under the same ownership,
30 the portion of the property consisting of the residence and
31 curtilage must be assessed separately, pursuant to s. 193.011,
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1 to qualify for the assessment limitation set forth in s.
2 193.155. The remaining property may be classified under the
3 provisions of paragraphs (a) and (b).
4 (4)(a) The property appraiser shall reclassify the
5 following lands as nonagricultural:
6 1. Land diverted from an agricultural to a
7 nonagricultural use.
8 2. Land no longer being utilized for agricultural
9 purposes.
10 3. Land that has been zoned to a nonagricultural use
11 at the request of the owner subsequent to the enactment of
12 this law.
13 (b) The board of county commissioners may also
14 reclassify lands classified as agricultural to nonagricultural
15 when there is contiguous urban or metropolitan development and
16 the board of county commissioners finds that the continued use
17 of such lands for agricultural purposes will act as a
18 deterrent to the timely and orderly expansion of the
19 community.
20 (c) Sale of land for a purchase price which is 3 or
21 more times the agricultural assessment placed on the land
22 shall create a presumption that such land is not used
23 primarily for bona fide agricultural purposes. Upon a showing
24 of special circumstances by the landowner demonstrating that
25 the land is to be continued in bona fide agriculture, this
26 presumption may be rebutted.
27 (5) For the purpose of this section, "agricultural
28 purposes" includes, but is not limited to, horticulture;
29 floriculture; viticulture; forestry; dairy; livestock;
30 poultry; bee; pisciculture, when the land is used principally
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1 for the production of tropical fish; aquaculture; sod farming;
2 and all forms of farm products and farm production.
3 (6)(a) In years in which proper application for
4 agricultural assessment has been made and granted pursuant to
5 this section, the assessment of land shall be based solely on
6 its agricultural use. The property appraiser shall consider
7 the following use factors only:
8 1. The quantity and size of the property;
9 2. The condition of the property;
10 3. The present market value of the property as
11 agricultural land;
12 4. The income produced by the property;
13 5. The productivity of land in its present use;
14 6. The economic merchantability of the agricultural
15 product; and
16 7. Such other agricultural factors as may from time to
17 time become applicable, which are reflective of the standard
18 present practices of agricultural use and production.
19 (b) Notwithstanding any provision relating to annual
20 assessment found in s. 192.042, the property appraiser shall
21 rely on 5-year moving average data when utilizing the income
22 methodology approach in an assessment of property used for
23 agricultural purposes.
24 (c) For purposes of the income methodology approach to
25 assessment of property used for agricultural purposes,
26 irrigation systems, including pumps and motors, physically
27 attached to the land shall be considered a part of the average
28 yields per acre and shall have no separately assessable
29 contributory value.
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1 (d) In years in which proper application for
2 agricultural assessment has not been made, the land shall be
3 assessed under the provisions of s. 193.011.
4 (7) Lands classified for assessment purposes as
5 agricultural lands which are taken out of production by any
6 state or federal eradication or quarantine program shall
7 continue to be classified as agricultural lands for the
8 duration of such program. Lands under these programs which are
9 converted to fallow, or otherwise nonincome-producing uses
10 shall continue to be classified as agricultural lands and
11 shall be assessed at a de minimis value of no more than $50
12 per acre, on a single year assessment methodology; however,
13 lands converted to other income-producing agricultural uses
14 permissible under such programs shall be assessed pursuant to
15 this section. Land under a mandated eradication or quarantine
16 program which is diverted from an agricultural to a
17 nonagricultural use shall be assessed under the provisions of
18 s. 193.011.
19 Section 4. Subsection (2) of section 298.005, Florida
20 Statutes, is amended to read:
21 298.005 Definitions.--As used in this chapter, the
22 term:
23 (2) "Owner" means the owner of the freehold estate,
24 subject to assessment pursuant to this chapter, as appears by
25 the deed record. The term does not include reversioners,
26 remaindermen, or mortgagees, who are not to be counted and
27 need not be notified by publication or served by process, but
28 are to be represented by the present owners of the freehold
29 estate in any proceeding under this chapter.
30 Section 5. Subsection (2) of section 298.11, Florida
31 Statutes, is amended to read:
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1 298.11 Landowners' meetings; election of board of
2 supervisors; duties of Department of Environmental
3 Protection.--
4 (2) The landowners, when assembled, shall organize by
5 the election of a chair and secretary of the meeting, who
6 shall conduct the election. At the election, each and every
7 acre of assessable land in the district shall represent one
8 share, and each owner shall be entitled to one vote in person
9 or by proxy in writing duly signed, for every acre of
10 assessable land owned by him or her in the district, and the
11 three persons receiving the highest number of votes shall be
12 declared elected as supervisors. The appointment of proxies
13 shall comply with s. 607.0722. Landowners owning less than 1
14 assessable acre in the aggregate shall be entitled to one
15 vote. Landowners with more than 1 assessable acre are entitled
16 to one additional vote for any fraction of an acre greater
17 than 1/2 acre, when all of the landowners' acreage has been
18 aggregated for purposes of voting. The landowners shall at
19 such election determine the length of the terms of office of
20 each supervisor so elected by them, which shall be
21 respectively 1, 2, and 3 years, and they shall serve until
22 their successors shall have been elected and qualified.
23 Section 6. Subsection (1) of section 298.12, Florida
24 Statutes, is amended to read:
25 298.12 Annual election of supervisors; term of office;
26 vacancy.--
27 (1) Every year in the same month after the time for
28 the election of the first board of supervisors, it shall call
29 a meeting of the landowners in the district in the same manner
30 as is provided for in s. 298.11, and the owners of land in
31 such district shall meet at the stated time and place and
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1 elect one supervisor. Owners whose assessments have not been
2 paid for the previous year are not entitled to vote. therefor,
3 or In case of their failure to elect, the Governor shall
4 appoint such supervisor, who shall hold the supervisor's
5 office for 3 years or until his or her successor is elected
6 and qualified; and in case of a vacancy in any office of
7 supervisor elected by the landowners, the remaining
8 supervisors or, if they fail to act within 30 days, the
9 Governor may fill such vacancy until the next annual meeting,
10 when a successor shall be elected for the unexpired term.
11 Section 7. Subsection (11) is added to section 298.22,
12 Florida Statutes, to read:
13 298.22 Powers of supervisors.--The board of
14 supervisors of the district has full power and authority to
15 construct, complete, operate, maintain, repair, and replace
16 any and all works and improvements necessary to execute the
17 water control plan. Subject to the applicable provisions of
18 chapter 373 or chapter 403, the board of supervisors:
19 (11) May construct and operate facilities for the
20 purpose of controlling and preventing the spread or
21 introduction of agricultural pests and diseases.
22 Section 8. Subsection (8) of section 298.225, Florida
23 Statutes, is amended to read:
24 298.225 Water control plan; plan development and
25 amendment.--
26 (8) If the preparation of a water control plan or
27 amendment under this section does not result in revision of
28 the district's current plan or require the alteration or
29 increase of any levy of assessments or taxes beyond the
30 maximum amount previously authorized by general law, special
31 law, or judicial proceeding, a change in the use of said
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1 assessments or taxes, or substantial change to district
2 facilities, the provisions of s. 298.301(2)-(9) do not apply
3 to the plan adoption process. This section and s. 298.301 do
4 not apply to minor, insubstantial amendments to district plans
5 authorized by special law. Minor, insubstantial amendments
6 include amendments to the water control plan which replace,
7 relocate, reconstruct, or improve and upgrade district
8 facilities and operations consistent with the adopted water
9 control plan, but which do not require increasing assessments
10 beyond the maximum amount authorized by law.
11 Section 9. This act shall take effect upon becoming a
12 law.
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14 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
15 CS for SB 1114
16
17 Requires the Department of Agriculture and Consumer Services
to develop a rule to implement a risk assessment program for
18 canker eradication for commercial plantings.
19 Allows landowners, under certain circumstances, to retain
their agricultural status for property assessment while their
20 land is under any agricultural eradication or quarantine
program.
21
Revises the definition of owner to specify that an owner is
22 subject to assessment for a Water Control District.
23 Specifies that each acre of assessable land shall represent
one share and one vote for a Water Control District.
24
Clarifies that only landowners who have paid their Water
25 Control District assessments may vote for the district
supervisor.
26
Authorizes Water Control Districts to construct and operate
27 facilities to prevent canker and other agricultural diseases
and pests.
28
Defines "minor and insubstantial amendments" to a water
29 control plan as those improvements that are consistent with
the plan and do not require increased assessments.
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