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



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2072

    Amendment No. ___   Barcode 351112

                            CHAMBER ACTION
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11  Senator Laurent moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 27, between lines 10 and 11,

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16  insert:

17         Section 22.  Section 581.091, Florida Statutes, is

18  amended to read:

19         581.091  Noxious weeds and infected plants or regulated

20  articles; sale or distribution; receipt; information to

21  department; withholding information.--

22         (1)  It is unlawful for any person to knowingly sell,

23  offer for sale, or distribute any noxious weed, or any plant

24  or plant product or regulated article infested or infected

25  with any plant pest declared, by rule of the department, to be

26  a public nuisance or a threat to the state's agricultural and

27  horticultural interests.

28         (2)  Any person who knows or reasonably should know

29  that such person possesses or has knowingly received any

30  noxious weed or any plant, plant product, or regulated article

31  sold, given away, carried, shipped, or delivered for carriage

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2072

    Amendment No. ___   Barcode 351112





  1  or shipment in violation of the provisions of this chapter or

  2  the rules adopted thereunder shall immediately inform the

  3  department and isolate and hold the weed, plant, plant

  4  product, or other thing unopened or unused subject to

  5  inspection or other disposition as may be provided by the

  6  department.

  7         (3)  It is unlawful for any person to fail to disclose

  8  or withhold available information regarding any infected or

  9  infested plant, plant product, regulated article, or noxious

10  weed.

11         (4)  The department, in conjunction with the Institute

12  of Food and Agricultural Sciences at the University of

13  Florida, shall biennially review the official state lists of

14  noxious weeds and invasive plants as provided for under this

15  chapter and department rules. The plants listed in section

16  369.251 shall be incorporated into the department lists as

17  provided for under this chapter.  A water management district

18  when identifying by rule pursuant to section 373.185, or a

19  local government when identifying by ordinance or regulation

20  adopted on or after March 1, 2002, a list of noxious weeds,

21  invasive plants, or plants deemed to be a public nuisance or

22  threat, shall only adopt the lists developed under this

23  chapter or rules adopted thereunder.  All local government

24  ordinances or regulations, adopted prior to March 1, 2002,

25  that list noxious weeds or invasive plants shall remain in

26  effect.  All local ordinances or regulations requiring the

27  removal of invasive plants or noxious weeds from publicly or

28  privately owned conservation areas or preserves shall be

29  exempt from the limitations in this subsection. 

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31  (Redesignate subsequent sections.)

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    6:35 PM   03/19/02                               s2072.ag17.q9




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2072

    Amendment No. ___   Barcode 351112





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 3, line 24, after the semicolon,

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  5  insert:

  6         amending s. 581.091, F.S.; requiring the

  7         Department of Agriculture and Consumer Services

  8         to periodically review the state lists of

  9         noxious weeds and invasive plants; requiring

10         water management districts and local

11         governments to use the lists when identifying

12         noxious weeds, invasive plants, and certain

13         other plants pursuant to rule, ordinance or

14         regulation;

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