Senate Bill sb0170c2

    Florida Senate - 2001                     CS for CS for SB 170

    By the Committees on Appropriations; Agriculture and Consumer
    Services; and Senators Geller and Dawson




    309-1817-01

  1                      A bill to be entitled

  2         An act relating to citrus canker compensation;

  3         requiring the Department of Agriculture and

  4         Consumer Services to administer a residential

  5         citrus canker compensation program; providing

  6         for sources of funds; providing for homeowners

  7         to receive compensation for citrus trees

  8         removed on or after a specified date as part of

  9         a citrus canker eradication program; providing

10         eligibility criteria for receiving

11         compensation; specifying the amount of

12         compensation provided under the program,

13         subject to availability of funds; requiring

14         that the department notify homeowners of the

15         program and develop a dispute-resolution

16         process; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  (1)  The Department of Agriculture and

21  Consumer Services shall provide compensation to eligible

22  homeowners whose citrus trees have been removed under a citrus

23  canker eradication program. Funds to pay this compensation may

24  be derived from both state and federal matching sources, and

25  shall be specifically appropriated by law. Eligible homeowners

26  shall be compensated subject to the availability of

27  appropriated funds.

28         (2)  To be eligible to receive compensation under the

29  program, a homeowner must:

30         (a)  Be the homeowner of record on the effective date

31  of this act for residential property where one or more citrus

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    Florida Senate - 2001                     CS for CS for SB 170
    309-1817-01




  1  trees have been removed as part of a citrus canker eradication

  2  program;

  3         (b)  Have had one or more citrus trees removed from the

  4  property by a tree-cutting contractor as part of a citrus

  5  canker eradication program on or after January 1, 1995; and

  6         (c)  Have received no commercial compensation and is

  7  not eligible to receive commercial compensation from the

  8  United States Department of Agriculture for citrus trees

  9  removed as part of a citrus canker eradication program.

10         (3)  The amount of compensation for each tree removed

11  from residential property by the citrus canker eradication

12  program shall be $100 per tree. If the homeowner's property is

13  eligible for a Shade Dade or a Shade Florida Card, the

14  homeowner may not receive compensation under this section for

15  the first citrus tree removed from the property as part of a

16  citrus canker eradication program.

17         (4)  The specification of a per-tree amount paid for

18  the residential citrus canker compensation program does not

19  limit the amount of any other compensation that may be paid by

20  another entity or pursuant to court order for the removal of

21  citrus trees as part of a citrus canker eradication program.

22         (5)  Of the funds appropriated to the department under

23  this section, the department may use up to $500,000 to

24  administer the residential citrus canker compensation program.

25  Specifically, the department shall:

26         (a)  Take reasonable steps to identify and notify

27  owners of citrus trees removed as part of a citrus canker

28  eradication program of the availability of the compensation

29  program.

30         (b)  Notify homeowners of the manner in which the owner

31  may request funding.

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    Florida Senate - 2001                     CS for CS for SB 170
    309-1817-01




  1         (c)  Develop a compensation request form and make it

  2  available to eligible homeowners.

  3         (d)  Develop a process to resolve disputes relating to

  4  compensation. The department's decision is final and is not

  5  subject to chapter 120, Florida Statutes.

  6         Section 2.  This act shall take effect upon becoming a

  7  law.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                          CS for SB 170

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12  Removes the specific appropriation of funds from the General
    Revenue Fund and the Florida Citrus Advertising Trust Fund
13  for the citrus canker compensation program.

14  Defines eligible homeowners as those homeowners of record as
    of the effective date of the bill who have had citrus trees
15  removed from their property since January 1, 1995 and are not
    eligible for commercial compensation from the United States
16  Department of Agriculture.

17  Prohibits compensation for the first citrus tree cut for those
    homeowners who are eligible for a Shade Dade or Shade Florida
18  Card.

19  Directs the Department of Agriculture and Consumer Services to
    identify and notify eligible homeowners of the program,
20  develop forms and procedures for application for compensation
    and to resolve disputes. The department may use up to $500,000
21  from the funds appropriated to the program for administrative
    costs.
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