House Bill hb1119e1

                                       CS/HB 1119, First Engrossed



  1                      A bill to be entitled

  2         An act relating to damage or destruction of

  3         agricultural products or production systems;

  4         amending s. 604.60, F.S.; revising provisions

  5         that provide a cause of civil action for the

  6         knowing and willful damage or destruction of

  7         agricultural crops to revise terminology and

  8         include damage or destruction to agricultural

  9         production systems; providing for allowable

10         damages; providing an effective date.

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

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14         Section 1.  Section 604.60, Florida Statutes, is

15  amended to read:

16         604.60  Damage or destruction of agricultural products

17  or agricultural production systems crops; civil action.--

18         (1)  As used in this section:

19         (a)  "Agricultural product" means the natural products

20  from a farm, nursery, grove, orchard, vineyard, garden, or

21  apiary, including livestock, tobacco, and vegetables, and

22  includes aquacultural, horticultural, viticultural, forestry,

23  aquatic, dairy, livestock, poultry, bee, and any farm

24  products.

25         (b)  "Agricultural production system" means land,

26  buildings, or equipment used in the production of any

27  agricultural product as defined in paragraph (a).

28         (2)  Any private, public, or commercial agricultural

29  grower or producer who grows or produces any agricultural

30  product, as defined in s. 468.382(7), for personal, research,

31  or commercial purposes or for testing or research purposes in


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                                       CS/HB 1119, First Engrossed



  1  a product development program conducted in conjunction or

  2  coordination with a private research facility, a university,

  3  or any federal, state, or local government agency who suffers

  4  damages as a result of another person's willful and knowing

  5  damage or destruction of any such agricultural product or the

  6  agricultural production system of such grower or producer has

  7  a cause of action for damages equal to triple double the

  8  amount of the value of the product or production system or

  9  portion thereof damaged or destroyed, including the cost of

10  any experimental product replication, and for any other relief

11  a court of competent jurisdiction deems appropriate,

12  including, but not limited to, compensatory and punitive

13  damages.

14         (3)  In awarding damages under this section, the courts

15  shall consider the market value of the product or production

16  system prior to damage or destruction, and production,

17  research, testing, replacement, and product development costs

18  directly related to the product or production system that has

19  been damaged or destroyed as part of the value of the product

20  or production system.  The prevailing party in any action

21  brought pursuant to this section is entitled to an award of

22  reasonable attorney's fees and court costs.

23         Section 2.  This act shall take effect October 1, 2002.

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CODING: Words stricken are deletions; words underlined are additions.