House Bill hb0627

    Florida House of Representatives - 2002                 HB 627

        By Representative Lerner






  1                      A bill to be entitled

  2         An act relating to citrus canker eradication;

  3         amending s. 581.184, F.S.; requiring the

  4         Department of Agriculture and Consumer Services

  5         to apply for and obtain a search warrant for

  6         regulatory inspection of premises or property

  7         for the purpose of implementing and enforcing

  8         the laws of the state with regard to the

  9         eradication, control, and prevention of citrus

10         canker disease when consent to inspect the

11         premises or property has been sought and

12         refused; providing that the department shall

13         have the burden of proving the necessity for

14         regulatory inspection; providing an effective

15         date.

16

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

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19         Section 1.  Subsection (7) of section 581.184, Florida

20  Statutes, is amended to read:

21         581.184  Adoption of rules; citrus canker eradication;

22  voluntary destruction agreements; buffer zone.--

23         (7)(a)  If consent to inspect the premises or property

24  of any individual or any commercial citrus fruit producer for

25  the purpose of implementing or enforcing the provisions of

26  this section has been sought by an employee of the department

27  and refused by the owner, agent, manager, or other person in

28  charge of such premises or property, the department employee

29  shall not enter onto the premises or property without first

30  applying for and obtaining a search warrant for regulatory

31  inspection under the provisions of this section. The

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






    Florida House of Representatives - 2002                 HB 627

    778-120A-02






  1  department shall have the burden of proving the necessity for

  2  regulatory inspection of the premises or property of any

  3  individual or commercial citrus producer in obtaining a search

  4  warrant for inspection under the provisions of this section.

  5         (b)  Following compliance with the provisions of

  6  paragraph (a), if applicable, and upon request of the

  7  department, the sheriff of each county in the state shall

  8  provide assistance in obtaining access to private property for

  9  the purpose of enforcing the provisions of this section. The

10  sheriff shall be responsible for maintaining public order

11  during the eradication process and protecting the safety of

12  department employees, representatives, and agents charged with

13  implementing and enforcing the provisions of this section. The

14  department may reimburse the sheriff for the reasonable costs

15  of implementing the provisions of this subsection.

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

17  law.

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19            *****************************************

20                          HOUSE SUMMARY

21
      Requires the Department of Agriculture and Consumer
22    Services to apply for and obtain a search warrant for
      regulatory inspection of premises or property for the
23    purpose of implementing and enforcing the laws of the
      state with regard to the eradication, control, and
24    prevention of citrus canker disease when consent to
      inspect the premises or property has been sought and
25    refused. Provides that the department shall have the
      burden of proving the necessity for regulatory inspection
26    of the premises or property of any individual or
      commercial citrus producer in obtaining a search warrant
27    for such inspection.

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29

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