Senate Bill sb1772c1

    Florida Senate - 2002                           CS for SB 1772

    By the Committee on Agriculture and Consumer Services; and
    Senator Smith




    303-1922-02

  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 include damage or

  8         destruction to agricultural production systems;

  9         providing for allowable damages; providing an

10         exemption from liability; providing an

11         effective date.

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

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15         Section 1.  Section 604.60, Florida Statutes, is

16  amended to read:

17         604.60  Damage or destruction of agricultural products

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

19         (1)  As used in this section, the term:

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

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

22  apiary, including livestock, tobacco, and vegetables, and

23  includes aquacultural, horticultural, viticultural, forestry,

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

25  products.

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

27  buildings, or equipment used in the production of any

28  agricultural product as defined in paragraph (a).

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

30  grower or producer who grows or produces any agricultural

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

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    Florida Senate - 2002                           CS for SB 1772
    303-1922-02




  1  or commercial purposes or for testing or research purposes in

  2  a product development program conducted in conjunction or

  3  coordination with a private research facility, a university,

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

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

  6  damage or destruction of any such agricultural product or the

  7  agricultural production system of such grower or producer has

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

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

10  portion thereof damaged or destroyed, including the cost of

11  any experimental product replication, and for any other relief

12  a court of competent jurisdiction deems appropriate,

13  including, but not limited to, compensatory and punitive

14  damages.

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

16  shall consider the market value of the product or production

17  system prior to damage or destruction, and production,

18  research, testing, replacement, and product development costs

19  directly related to the product or production system that has

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

21  or production system.  The prevailing party in any action

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

23  reasonable attorney's fees and court costs.

24         (4)  There shall be no liability under this section on

25  the part of, and no cause of action shall arise against, the

26  state or any agency thereof, including any criminal justice

27  agency, the Department of Agriculture and Consumer Services or

28  its agents or employees, a local governmental entity, or any

29  other political subdivision of the state for any action taken

30  by them in the performance of their powers and duties.

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

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    Florida Senate - 2002                           CS for SB 1772
    303-1922-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1772

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  4  The Committee Substitute for Senate Bill 1772 differs from the
    bill in that:
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     It makes a technical change and clarifies that the exemption
  6  for government workers in the performance of their duties is
    limited to liability under this section.
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CODING: Words stricken are deletions; words underlined are additions.