HB 7159

1	A bill to be entitled
2	An act relating to citrus disease management; amending s.
3	581.184, F.S; requiring the Department of Agriculture and
4	Consumer Services to implement a citrus health plan for
5	certain purposes; eliminating the authority of the
6	department to remove and destroy certain citrus trees;
7	deleting definitions and provisions relating to immediate
8	final orders, notice to property owners, rulemaking
9	authority, and the posting of certain orders, to conform;
10	requiring certain law enforcement officers to maintain
11	order under certain circumstances involving the citrus
12	canker disease management process; creating s. 581.1843,
13	F.S.; making it unlawful to propagate certain citrus
14	nursery stock on or after January 1, 2007, at sites and
15	under certain conditions not approved by the department;
16	providing exceptions; providing rulemaking authority;
17	specifying regulation of certain varieties of citrus
18	plants; providing exceptions; requiring the department to
19	establish certain regulated areas around commercial citrus
20	nurseries; providing exceptions; providing for notice to
21	property owners by immediate final order prior to removal
22	of certain citrus trees; providing an appeal process for
23	an immediate final order; providing for preemption to the
24	state to regulate the removal and destruction of certain
25	citrus plants; requiring the department to relocate
26	certain trees to certain locations; amending s. 581.1845,
27	F.S.; requiring certain compensation claims to be filed by
28	December 31, 2007; providing for the expiration of
29	compensation claims not filed prior to January 1, 2008;
30	amending ss. 120.80, 348.0008, 933.02, and 933.40, F.S.;
31	deleting provisions and cross-references, to conform;
32	providing appropriations; providing an effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Section 581.184, Florida Statutes, is amended
37	to read:
38	581.184  Adoption of rules; citrus disease management
39	canker eradication; voluntary destruction agreements.--
40	(1)  The department shall adopt by rule, pursuant to ss.
41	120.536(1) and 120.54, and implement a comprehensive citrus
42	health plan to minimize the impact of exotic citrus pests and
43	diseases to citrus production and to allow for the orderly
44	marketing of citrus fruit in other states and countries. As used
45	in this section, the term:
46	(a)  "Infected or infested" means citrus trees harboring
47	the citrus canker bacteria and exhibiting visible symptoms of
48	the disease.
49	(b)  "Exposed to infection" means citrus trees located
50	within 1,900 feet of an infected tree.
51	(2)(a)  The department shall remove and destroy all
52	infected citrus trees and all citrus trees exposed to infection.
53	The department may destroy, by chipping, trees removed pursuant
54	to this section. Notice of the removal of such trees, by
55	immediate final order, shall be provided to the owner of the
56	property on which such trees are located. An immediate final
57	order issued by the department pursuant to this section shall
58	notify the property owner that the citrus trees that are the
59	subject of the immediate final order will be removed and
60	destroyed unless the property owner, no later than 10 days after
61	delivery of the immediate final order pursuant to subsection
62	(3), requests and obtains a stay of the immediate final order
63	from the district court of appeal with jurisdiction to review
64	such requests. The property owner shall not be required to seek
65	a stay of the immediate final order by the department prior to
66	seeking the stay from the district court of appeal.
67	(2)(b)  Regulation of the removal or destruction of citrus
68	trees pursuant to this section is hereby preempted to the state.
69	No county, municipal, or other local ordinance or other
70	regulation that would otherwise impose requirements,
71	restrictions, or conditions upon the department or its
72	contractors with respect to the removal or destruction of citrus
73	trees pursuant to this section shall be enforceable against the
74	department or its contractors.
75	(3)  Any immediate final order issued by the department
76	pursuant to this section:
77	(a)  May be delivered in person, by certified mail, or by
78	attaching the order to a conspicuous place on the property on
79	which a citrus tree to be removed is located.
80	(b)  Is not required to be adopted by the department as a
81	rule.
82	(4)  Simultaneously with the delivery of an immediate final
83	order, the department shall also provide the following
84	information to a property owner:
85	(a)  The physical location of the infected tree which has
86	necessitated removal and destruction of the property owner's
87	tree.
88	(b)  The diagnostic report that resulted in the
89	determination that the infected tree is infected with the citrus
90	canker.
91	(3)(5)  The department shall is directed to adopt rules,
92	pursuant to ss. 120.536(1) and 120.54, regarding the conditions
93	under which citrus plants, other than those that are infected or
94	exposed to infection, can be grown, moved, and planted in this
95	state as may be necessary for the eradication, control, or
96	prevention of the dissemination of citrus diseases canker. Such
97	rules shall be in effect for any period during which, in the
98	judgment of the Commissioner of Agriculture, there is the threat
99	of the spread of citrus diseases canker disease in the state.
100	Such rules may provide for the conduct of any activity regulated
101	by such rules subject to an agreement by persons wishing to
102	engage in such activity to voluntarily destroy, at their own
103	expense, citrus plants declared by the department to be
104	imminently dangerous by reason of being infected or infested
105	with citrus canker or exposed to infection and likely to
106	communicate same. The terms of such agreement may also require
107	the destruction of healthy plants under specified conditions.
108	Any such destruction shall be done after reasonable notice in a
109	manner pursuant to and under conditions set forth in the
110	agreement. Such agreements may include releases and waivers of
111	liability and may require the agreement of other persons.
112	(4)(6)  The department shall develop by rule, pursuant to
113	ss. 120.536(1) and 120.54, a statewide program of
114	decontamination to prevent and limit the spread of citrus canker
115	disease. Such program shall address the application of
116	decontamination procedures and practices to all citrus plants
117	and plant products, vehicles, equipment, machinery, tools,
118	objects, and persons who could in any way spread or aid in the
119	spreading of citrus canker in this state. In order to prevent
120	contamination of soil and water, such rules shall be developed
121	in consultation with the Department of Environmental Protection.
122	The department may develop compliance and other agreements which
123	it determines can aid in the carrying out of the purposes of
124	this section, and enter into such agreements with any person or
125	entity.
126	(5)(7)  Owners or and/or operators of nonproduction
127	vehicles and equipment shall follow the department guidelines
128	for citrus canker decontamination effective June 15, 2000. The
129	department shall publish the guidelines in the Florida
130	Administrative Weekly and on the department Internet website.
131	The guidelines shall be posted no later than May 15, 2000.
132	(6)(8)  Notwithstanding any provision of law, the
133	Department of Environmental Protection is not authorized to
134	institute proceedings against any person under the provisions of
135	s. 376.307(5) to recover any costs or damages associated with
136	contamination of soil or water, or the evaluation, assessment,
137	or remediation of contamination of soil or water, including
138	sampling, analysis, and restoration of soil or potable water
139	supplies, where the contamination of soil or water is determined
140	to be the result of a program of decontamination to prevent and
141	limit the spread of citrus canker disease pursuant to rules
142	developed under this section. This subsection does not limit
143	regulatory authority under a federally delegated or approved
144	program.
145	(7)(9)  Upon request of the department, the sheriff or
146	chief law enforcement officer of each county in the state shall
147	provide assistance in obtaining access to private property for
148	the purpose of enforcing the provisions of this section. The
149	sheriff or chief law enforcement officer shall be responsible
150	for maintaining public order during the citrus disease
151	management eradication process and protecting the safety of
152	department employees, representatives, and agents charged with
153	implementing and enforcing the provisions of this section. The
154	department may reimburse the sheriff or chief law enforcement
155	officer for the reasonable costs of implementing the provisions
156	of this subsection.
157	(10)  Posting of an order on the property on which citrus
158	trees are to be cut pursuant to the citrus canker eradication
159	program shall meet the notice requirement of s. 120.569(1).
160	Section 2.  Section 581.1843, Florida Statutes, is created
161	to read:
162	581.1843  Citrus nursery stock propagation and production
163	and the establishment of regulated areas around citrus
164	nurseries.--
165	(1)  As used in this section the term "commercial citrus
166	grove" means a solid set planting of 40 or more citrus trees.
167	(2)  Effective January 1, 2007, it is unlawful for any
168	person to propagate for sale or movement any citrus nursery
169	stock that was not propagated or grown on a site and within a
170	protective structure approved by the department and that is not
171	at least 1 mile away from commercial citrus groves. A citrus
172	nursery registered with the department prior to April 1, 2006,
173	shall not be required to comply with the 1-mile setback from
174	commercial citrus groves while continuously operating at the
175	same location for which it was registered. However, the nursery
176	shall be required to propagate citrus within a protective
177	structure approved by the department. Effective January 1, 2008,
178	it shall be unlawful to distribute any citrus nursery stock that
179	was not produced in a protective structure approved by the
180	department.
181	(3)  The department shall adopt rules pursuant to ss.
182	120.536(1) and 120.54 that set forth the conditions under which
183	citrus nursery stock can be propagated, grown, sold, or moved
184	and the specifications for the approved site and protective
185	structure.
186	(4)  Under the provisions of this chapter, the department
187	shall adopt rules that are consistent with scientific findings
188	and recommendations of the Citrus Budwood Technical Advisory
189	Committee to regulate all genera of the Rutaceous subfamilies
190	Aurantioideae, Rutoideae, and Toddalioideae that pose a threat
191	of introducing or spreading a citrus plant pest.
192	(5)  The department shall establish regulated areas around
193	the perimeter of commercial citrus nurseries that were
194	established on sites after April 1, 2006, not to exceed a radius
195	of 1 mile. The planting of citrus in an established regulated
196	area is prohibited. The planting of citrus within a 1-mile
197	radius of commercial citrus nurseries that were established on
198	sites prior to April 1, 2006, must be approved by the
199	department. Citrus plants planted within a regulated area prior
200	to the establishment of the regulated area may remain in the
201	regulated area unless the department determines the citrus
202	plants to be infected or infested with citrus canker or citrus
203	greening. The department shall require the removal of infected
204	or infested citrus, nonapproved planted citrus, and citrus that
205	has sprouted by natural means in regulated areas. The property
206	owner shall be responsible for the removal of citrus planted
207	without proper approval. Notice of the removal of citrus trees,
208	by immediate final order of the department, shall be provided to
209	the owner of the property on which the trees are located. An
210	immediate final order issued by the department under this
211	section shall notify the property owner that the citrus trees,
212	which are the subject of the immediate final order, must be
213	removed and destroyed unless the property owner, no later than
214	10 days after delivery of the immediate final order, requests
215	and obtains a stay of the immediate final order from the
216	district court of appeal with jurisdiction to review such
217	requests. The property owner shall not be required to seek a
218	stay from the department of the immediate final order prior to
219	seeking a stay from the district court of appeal.
220	(6)  Regulation of the removal or destruction of citrus
221	plants under this section is preempted to the state. No county,
222	municipal, or other local ordinance or other regulation that
223	would otherwise impose requirements, restrictions, or conditions
224	upon the department or its contractors with respect to the
225	removal or destruction of citrus trees under this section shall
226	be enforceable against the department or its contractors.
227	(7)  The department shall relocate foundation source trees
228	maintained by the Division of Plant Industry from various
229	locations, including those in Dundee and Winter Haven, to
230	protective structures at the Division of Forestry nursery in
231	Chiefland or to other protective sites located a minimum of 10
232	miles from any commercial citrus grove. The department is
233	authorized to expend existing funds from its Contracts and
234	Grants Trust Fund for this purpose.
235	Section 3.  Subsection (6) is added to section 581.1845,
236	Florida Statutes, to read:
237	581.1845  Citrus canker eradication; compensation to
238	homeowners whose trees have been removed.--
239	(6)  Any claim for compensation under this section or under
240	the Shade Dade or Shade Florida programs must be filed with the
241	department no later than December 31, 2007. Effective January 1,
242	2008, all unfiled claims shall expire.
243	Section 4.  Paragraph (c) of subsection (2) of section
244	120.80, Florida Statutes, is amended to read:
245	120.80  Exceptions and special requirements; agencies.--
246	(2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
247	(c)  The provisions of ss. 120.54 and 120.56 shall not
248	apply to any statement or action by the department in
249	furtherance of its duties pursuant to s. 581.184(2).
250	Section 5.  Subsection (2) of section 348.0008, Florida
251	Statutes, is amended to read:
252	348.0008  Acquisition of lands and property.--
253	(2)  An authority and its authorized agents, contractors,
254	and employees are authorized to enter upon any lands, waters,
255	and premises, upon giving reasonable notice to the landowner,
256	for the purpose of making surveys, soundings, drillings,
257	appraisals, environmental assessments including phase I and
258	phase II environmental surveys, archaeological assessments, and
259	such other examinations as are necessary for the acquisition of
260	private or public property and property rights, including rights
261	of access, air, view, and light, by gift, devise, purchase, or
262	condemnation by eminent domain proceedings or as are necessary
263	for the authority to perform its duties and functions; and any
264	such entry shall not be deemed a trespass or an entry that would
265	constitute a taking in an eminent domain proceeding. An
266	expressway authority shall make reimbursement for any actual
267	damage to such lands, water, and premises as a result of such
268	activities. Any entry authorized by this subsection shall be in
269	compliance with the premises protections and landowner liability
270	provisions contained in s. ss. 472.029 and 581.184.
271	Section 6.  Section 933.02, Florida Statutes, is amended to
272	read:
273	933.02  Grounds for issuance of search warrant.--Upon
274	proper affidavits being made, a search warrant may be issued
275	under the provisions of this chapter upon any of the following
276	grounds:
277	(1)  When the property shall have been stolen or embezzled
278	in violation of law;
279	(2)  When any property shall have been used:
280	(a)  As a means to commit any crime;,
281	(b)  In connection with gambling, gambling implements and
282	appliances;, or
283	(c)  In violation of s. 847.011 or other laws in reference
284	to obscene prints and literature;
285	(3)  When any property constitutes evidence relevant to
286	proving that a felony has been committed;
287	(4)  When any property is being held or possessed:
288	(a)  In violation of any of the laws prohibiting the
289	manufacture, sale, and transportation of intoxicating liquors;,
290	or
291	(b)  In violation of the fish and game laws;, or
292	(c)  In violation of the laws relative to food and drug;,
293	or
294	(d)  In violation of the laws relative to citrus disease a
295	quarantine for citrus canker pursuant to ss. s. 581.184 and
296	581.1845, or
297	(e)  Which may be inspected, treated, seized, or destroyed
298	pursuant to s. 581.184; or
299	(5)  When the laws in relation to cruelty to animals, as
300	provided in chapter 828, have been or are violated in any
301	particular building or place.
302
303	This section also applies to any papers or documents used as a
304	means of or in aid of the commission of any offense against the
305	laws of the state.
306	Section 7.  Paragraph (f) of subsection (1) and paragraph
307	(b) of subsection (3) of section 933.40, Florida Statutes, are
308	amended to read:
309	933.40  Agriculture warrants.--
310	(1)  As used in this section:
311	(f)  "Plant pest" means any plant pest, noxious weed, or
312	arthropod declared a nuisance by the department pursuant to s.
313	581.031(6), or any plant infected or exposed to infection as
314	defined in s. 581.184(1).
315	(3)  An agriculture warrant shall be issued only upon
316	probable cause. In determining the existence of probable cause
317	for the issuance of one or more agriculture warrants, one or
318	more of the following findings may be sufficient to support a
319	determination of probable cause:
320	(b)  Under all of the circumstances set forth in the
321	affidavit, there is a fair probability the property subject to
322	the agriculture warrant:
323	1.  Contains a plant pest;
324	2.  Is located in an area which may reasonably be suspected
325	of being infested or infected with a plant pest due to its
326	proximity to a known infestation, or if it is reasonably exposed
327	to infestation;
328	3.  Is located in a Section in which the department has
329	diagnosed the presence of one or more plants infected with
330	citrus canker as defined in s. 581.184(1)(a) or is located in a
331	Section adjacent thereto;
332	3.4.  Contains animals affected with any animal pest or
333	which have been exposed to and are liable to spread the animal
334	pest; or
335	4.5.  Contains any other property that is liable to convey
336	an animal pest.
337	Section 8.  The sum of $10,220,920 is appropriated from the
338	Agricultural Emergency Eradication Trust Fund to the Department
339	of Agriculture and Consumer Services, and the sum of $16,706,310
340	is appropriated from the Contracts and Grants Trust Fund to the
341	Department of Agriculture and Consumer Services, for the 2006-
342	2007 fiscal year to implement the provisions of ss. 581.184,
343	581.1843, and 581.1845, Florida Statutes, as amended by this
344	act.
345	Section 9.  This act shall take effect upon becoming a law.

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