| 1 | The Agriculture & Environment Appropriations Committee |
| 2 | recommends the following: |
| 3 |
|
| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to agriculture; amending s. 193.461, F.S.; |
| 8 | revising criteria for agricultural lands taken out of |
| 9 | production by any state or federal eradication or |
| 10 | quarantine program; amending s. 581.184, F.S; requiring |
| 11 | the Department of Agriculture and Consumer Services to |
| 12 | implement a citrus health plan for certain purposes; |
| 13 | eliminating the authority of the department to remove and |
| 14 | destroy certain citrus trees; deleting definitions and |
| 15 | provisions relating to immediate final orders, notice to |
| 16 | property owners, rulemaking authority, and the posting of |
| 17 | certain orders, to conform; requiring certain law |
| 18 | enforcement officers to maintain order under certain |
| 19 | circumstances involving the citrus canker disease |
| 20 | management process; creating s. 581.1843, F.S.; making it |
| 21 | unlawful to propagate certain citrus nursery stock on or |
| 22 | after January 1, 2007, at sites and under certain |
| 23 | conditions not approved by the department; providing |
| 24 | exceptions; providing rulemaking authority; specifying |
| 25 | regulation of certain varieties of citrus plants; |
| 26 | providing exceptions; requiring the department to |
| 27 | establish certain regulated areas around commercial citrus |
| 28 | nurseries; providing exceptions; providing for notice to |
| 29 | property owners by immediate final order prior to removal |
| 30 | of certain citrus trees; providing an appeal process for |
| 31 | an immediate final order; providing for preemption to the |
| 32 | state to regulate the removal and destruction of certain |
| 33 | citrus plants; requiring the department to relocate |
| 34 | certain trees to certain locations; amending s. 581.1845, |
| 35 | F.S.; requiring certain compensation claims to be filed by |
| 36 | December 31, 2007; providing for the expiration of |
| 37 | compensation claims not filed prior to January 1, 2008; |
| 38 | providing for payment of claims by specified funding; |
| 39 | providing for future repeal; amending ss. 120.80, |
| 40 | 348.0008, 933.02, and 933.40, F.S.; deleting provisions |
| 41 | and cross-references, to conform; amending s. 11.062, F.S; |
| 42 | providing an exception to the prohibition against the use |
| 43 | of state funds by certain state agencies to employ |
| 44 | lobbyists under certain circumstances; providing an |
| 45 | effective date. |
| 46 |
|
| 47 | Be It Enacted by the Legislature of the State of Florida: |
| 48 |
|
| 49 | Section 1. Subsection (7) of section 193.461, Florida |
| 50 | Statutes, is amended to read: |
| 51 | 193.461 Agricultural lands; classification and assessment; |
| 52 | mandated eradication or quarantine program.-- |
| 53 | (7) Lands classified for assessment purposes as |
| 54 | agricultural lands which are taken out of production by any |
| 55 | state or federal eradication or quarantine program shall |
| 56 | continue to be classified as agricultural lands for the duration |
| 57 | of such program or successor programs. Lands under these |
| 58 | programs which are converted to fallow, or otherwise nonincome- |
| 59 | producing uses shall continue to be classified as agricultural |
| 60 | lands and shall be assessed at a de minimis value of no more |
| 61 | than $50 per acre, on a single year assessment methodology; |
| 62 | however, lands converted to other income-producing agricultural |
| 63 | uses permissible under such programs shall be assessed pursuant |
| 64 | to this section. Land under a mandated eradication or quarantine |
| 65 | program which is diverted from an agricultural to a |
| 66 | nonagricultural use shall be assessed under the provisions of s. |
| 67 | 193.011. |
| 68 | Section 2. Section 581.184, Florida Statutes, is amended |
| 69 | to read: |
| 70 | 581.184 Adoption of rules; citrus disease management |
| 71 | canker eradication; voluntary destruction agreements.-- |
| 72 | (1) The department shall adopt by rule, pursuant to ss. |
| 73 | 120.536(1) and 120.54, and implement a comprehensive citrus |
| 74 | health plan to minimize the impact of exotic citrus pests and |
| 75 | diseases to citrus production and to allow for the orderly |
| 76 | marketing of citrus fruit in other states and countries. As used |
| 77 | in this section, the term: |
| 78 | (a) "Infected or infested" means citrus trees harboring |
| 79 | the citrus canker bacteria and exhibiting visible symptoms of |
| 80 | the disease. |
| 81 | (b) "Exposed to infection" means citrus trees located |
| 82 | within 1,900 feet of an infected tree. |
| 83 | (2)(a) The department shall remove and destroy all |
| 84 | infected citrus trees and all citrus trees exposed to infection. |
| 85 | The department may destroy, by chipping, trees removed pursuant |
| 86 | to this section. Notice of the removal of such trees, by |
| 87 | immediate final order, shall be provided to the owner of the |
| 88 | property on which such trees are located. An immediate final |
| 89 | order issued by the department pursuant to this section shall |
| 90 | notify the property owner that the citrus trees that are the |
| 91 | subject of the immediate final order will be removed and |
| 92 | destroyed unless the property owner, no later than 10 days after |
| 93 | delivery of the immediate final order pursuant to subsection |
| 94 | (3), requests and obtains a stay of the immediate final order |
| 95 | from the district court of appeal with jurisdiction to review |
| 96 | such requests. The property owner shall not be required to seek |
| 97 | a stay of the immediate final order by the department prior to |
| 98 | seeking the stay from the district court of appeal. |
| 99 | (2)(b) Regulation of the removal or destruction of citrus |
| 100 | trees pursuant to this section is hereby preempted to the state. |
| 101 | No county, municipal, or other local ordinance or other |
| 102 | regulation that would otherwise impose requirements, |
| 103 | restrictions, or conditions upon the department or its |
| 104 | contractors with respect to the removal or destruction of citrus |
| 105 | trees pursuant to this section shall be enforceable against the |
| 106 | department or its contractors. |
| 107 | (3) Any immediate final order issued by the department |
| 108 | pursuant to this section: |
| 109 | (a) May be delivered in person, by certified mail, or by |
| 110 | attaching the order to a conspicuous place on the property on |
| 111 | which a citrus tree to be removed is located. |
| 112 | (b) Is not required to be adopted by the department as a |
| 113 | rule. |
| 114 | (4) Simultaneously with the delivery of an immediate final |
| 115 | order, the department shall also provide the following |
| 116 | information to a property owner: |
| 117 | (a) The physical location of the infected tree which has |
| 118 | necessitated removal and destruction of the property owner's |
| 119 | tree. |
| 120 | (b) The diagnostic report that resulted in the |
| 121 | determination that the infected tree is infected with the citrus |
| 122 | canker. |
| 123 | (3)(5) The department shall is directed to adopt rules, |
| 124 | pursuant to ss. 120.536(1) and 120.54, regarding the conditions |
| 125 | under which citrus plants, other than those that are infected or |
| 126 | exposed to infection, can be grown, moved, and planted in this |
| 127 | state as may be necessary for the eradication, control, or |
| 128 | prevention of the dissemination of citrus diseases canker. Such |
| 129 | rules shall be in effect for any period during which, in the |
| 130 | judgment of the Commissioner of Agriculture, there is the threat |
| 131 | of the spread of citrus diseases canker disease in the state. |
| 132 | Such rules may provide for the conduct of any activity regulated |
| 133 | by such rules subject to an agreement by persons wishing to |
| 134 | engage in such activity to voluntarily destroy, at their own |
| 135 | expense, citrus plants declared by the department to be |
| 136 | imminently dangerous by reason of being infected or infested |
| 137 | with citrus canker or exposed to infection and likely to |
| 138 | communicate same. The terms of such agreement may also require |
| 139 | the destruction of healthy plants under specified conditions. |
| 140 | Any such destruction shall be done after reasonable notice in a |
| 141 | manner pursuant to and under conditions set forth in the |
| 142 | agreement. Such agreements may include releases and waivers of |
| 143 | liability and may require the agreement of other persons. |
| 144 | (4)(6) The department shall develop by rule, pursuant to |
| 145 | ss. 120.536(1) and 120.54, a statewide program of |
| 146 | decontamination to prevent and limit the spread of citrus canker |
| 147 | disease. Such program shall address the application of |
| 148 | decontamination procedures and practices to all citrus plants |
| 149 | and plant products, vehicles, equipment, machinery, tools, |
| 150 | objects, and persons who could in any way spread or aid in the |
| 151 | spreading of citrus canker in this state. In order to prevent |
| 152 | contamination of soil and water, such rules shall be developed |
| 153 | in consultation with the Department of Environmental Protection. |
| 154 | The department may develop compliance and other agreements which |
| 155 | it determines can aid in the carrying out of the purposes of |
| 156 | this section, and enter into such agreements with any person or |
| 157 | entity. |
| 158 | (5)(7) Owners or and/or operators of nonproduction |
| 159 | vehicles and equipment shall follow the department guidelines |
| 160 | for citrus canker decontamination effective June 15, 2000. The |
| 161 | department shall publish the guidelines in the Florida |
| 162 | Administrative Weekly and on the department Internet website. |
| 163 | The guidelines shall be posted no later than May 15, 2000. |
| 164 | (6)(8) Notwithstanding any provision of law, the |
| 165 | Department of Environmental Protection is not authorized to |
| 166 | institute proceedings against any person under the provisions of |
| 167 | s. 376.307(5) to recover any costs or damages associated with |
| 168 | contamination of soil or water, or the evaluation, assessment, |
| 169 | or remediation of contamination of soil or water, including |
| 170 | sampling, analysis, and restoration of soil or potable water |
| 171 | supplies, where the contamination of soil or water is determined |
| 172 | to be the result of a program of decontamination to prevent and |
| 173 | limit the spread of citrus canker disease pursuant to rules |
| 174 | developed under this section. This subsection does not limit |
| 175 | regulatory authority under a federally delegated or approved |
| 176 | program. |
| 177 | (7)(9) Upon request of the department, the sheriff or |
| 178 | chief law enforcement officer of each county in the state shall |
| 179 | provide assistance in obtaining access to private property for |
| 180 | the purpose of enforcing the provisions of this section. The |
| 181 | sheriff or chief law enforcement officer shall be responsible |
| 182 | for maintaining public order during the citrus disease |
| 183 | management eradication process and protecting the safety of |
| 184 | department employees, representatives, and agents charged with |
| 185 | implementing and enforcing the provisions of this section. The |
| 186 | department may reimburse the sheriff or chief law enforcement |
| 187 | officer for the reasonable costs of implementing the provisions |
| 188 | of this subsection. |
| 189 | (10) Posting of an order on the property on which citrus |
| 190 | trees are to be cut pursuant to the citrus canker eradication |
| 191 | program shall meet the notice requirement of s. 120.569(1). |
| 192 | Section 3. Section 581.1843, Florida Statutes, is created |
| 193 | to read: |
| 194 | 581.1843 Citrus nursery stock propagation and production |
| 195 | and the establishment of regulated areas around citrus |
| 196 | nurseries.-- |
| 197 | (1) As used in this section the term "commercial citrus |
| 198 | grove" means a solid set planting of 40 or more citrus trees. |
| 199 | (2) Effective January 1, 2007, it is unlawful for any |
| 200 | person to propagate for sale or movement any citrus nursery |
| 201 | stock that was not propagated or grown on a site and within a |
| 202 | protective structure approved by the department and that is not |
| 203 | at least 1 mile away from commercial citrus groves. A citrus |
| 204 | nursery registered with the department prior to April 1, 2006, |
| 205 | shall not be required to comply with the 1-mile setback from |
| 206 | commercial citrus groves while continuously operating at the |
| 207 | same location for which it was registered. However, the nursery |
| 208 | shall be required to propagate citrus within a protective |
| 209 | structure approved by the department. Effective January 1, 2008, |
| 210 | it shall be unlawful to distribute any citrus nursery stock that |
| 211 | was not produced in a protective structure approved by the |
| 212 | department. |
| 213 | (3) The department shall adopt rules pursuant to ss. |
| 214 | 120.536(1) and 120.54 that set forth the conditions under which |
| 215 | citrus nursery stock can be propagated, grown, sold, or moved |
| 216 | and the specifications for the approved site and protective |
| 217 | structure. |
| 218 | (4) Under the provisions of this chapter, the department |
| 219 | shall adopt rules that are consistent with scientific findings |
| 220 | and recommendations of the Citrus Budwood Technical Advisory |
| 221 | Committee to regulate all genera of the Rutaceous subfamilies |
| 222 | Aurantioideae, Rutoideae, and Toddalioideae that pose a threat |
| 223 | of introducing or spreading a citrus plant pest. |
| 224 | (5) The department shall establish regulated areas around |
| 225 | the perimeter of commercial citrus nurseries that were |
| 226 | established on sites after April 1, 2006, not to exceed a radius |
| 227 | of 1 mile. The planting of citrus in an established regulated |
| 228 | area is prohibited. The planting of citrus within a 1-mile |
| 229 | radius of commercial citrus nurseries that were established on |
| 230 | sites prior to April 1, 2006, must be approved by the |
| 231 | department. Citrus plants planted within a regulated area prior |
| 232 | to the establishment of the regulated area may remain in the |
| 233 | regulated area unless the department determines the citrus |
| 234 | plants to be infected or infested with citrus canker or citrus |
| 235 | greening. The department shall require the removal of infected |
| 236 | or infested citrus, nonapproved planted citrus, and citrus that |
| 237 | has sprouted by natural means in regulated areas. The property |
| 238 | owner shall be responsible for the removal of citrus planted |
| 239 | without proper approval. Notice of the removal of citrus trees, |
| 240 | by immediate final order of the department, shall be provided to |
| 241 | the owner of the property on which the trees are located. An |
| 242 | immediate final order issued by the department under this |
| 243 | section shall notify the property owner that the citrus trees, |
| 244 | which are the subject of the immediate final order, must be |
| 245 | removed and destroyed unless the property owner, no later than |
| 246 | 10 days after delivery of the immediate final order, requests |
| 247 | and obtains a stay of the immediate final order from the |
| 248 | district court of appeal with jurisdiction to review such |
| 249 | requests. The property owner shall not be required to seek a |
| 250 | stay from the department of the immediate final order prior to |
| 251 | seeking a stay from the district court of appeal. |
| 252 | (6) Regulation of the removal or destruction of citrus |
| 253 | plants under this section is preempted to the state. No county, |
| 254 | municipal, or other local ordinance or other regulation that |
| 255 | would otherwise impose requirements, restrictions, or conditions |
| 256 | upon the department or its contractors with respect to the |
| 257 | removal or destruction of citrus trees under this section shall |
| 258 | be enforceable against the department or its contractors. |
| 259 | (7) The department shall relocate foundation source trees |
| 260 | maintained by the Division of Plant Industry from various |
| 261 | locations, including those in Dundee and Winter Haven, to |
| 262 | protective structures at the Division of Forestry nursery in |
| 263 | Chiefland or to other protective sites located a minimum of 10 |
| 264 | miles from any commercial citrus grove. The department is |
| 265 | authorized to expend existing funds from its Contracts and |
| 266 | Grants Trust Fund for this purpose. |
| 267 | Section 4. Subsection (1) of section 581.1845, Florida |
| 268 | Statutes, is amended, and subsections (6) and (7) are added to |
| 269 | that section, to read: |
| 270 | 581.1845 Citrus canker eradication; compensation to |
| 271 | homeowners whose trees have been removed.-- |
| 272 | (1) The Department of Agriculture and Consumer Services |
| 273 | shall provide compensation to eligible homeowners whose citrus |
| 274 | trees have been removed under a citrus canker eradication |
| 275 | program. Funds to pay this compensation may be derived from both |
| 276 | state and federal matching sources and shall be specifically |
| 277 | appropriated by law. Eligible homeowners shall be compensated |
| 278 | subject to the availability of appropriated funds specifically |
| 279 | appropriated in fiscal year 2006-2007 or prior fiscal years for |
| 280 | that purpose. |
| 281 | (6) Any claim for compensation under this section or under |
| 282 | the Shade Dade or Shade Florida programs must be filed with the |
| 283 | department no later than December 31, 2007. Effective January 1, |
| 284 | 2008, all unfiled claims shall expire. |
| 285 | (7) This section expires July 1, 2008. |
| 286 | Section 5. Paragraph (c) of subsection (2) of section |
| 287 | 120.80, Florida Statutes, is amended to read: |
| 288 | 120.80 Exceptions and special requirements; agencies.-- |
| 289 | (2) DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.-- |
| 290 | (c) The provisions of ss. 120.54 and 120.56 shall not |
| 291 | apply to any statement or action by the department in |
| 292 | furtherance of its duties pursuant to s. 581.184(2). |
| 293 | Section 6. Subsection (2) of section 348.0008, Florida |
| 294 | Statutes, is amended to read: |
| 295 | 348.0008 Acquisition of lands and property.-- |
| 296 | (2) An authority and its authorized agents, contractors, |
| 297 | and employees are authorized to enter upon any lands, waters, |
| 298 | and premises, upon giving reasonable notice to the landowner, |
| 299 | for the purpose of making surveys, soundings, drillings, |
| 300 | appraisals, environmental assessments including phase I and |
| 301 | phase II environmental surveys, archaeological assessments, and |
| 302 | such other examinations as are necessary for the acquisition of |
| 303 | private or public property and property rights, including rights |
| 304 | of access, air, view, and light, by gift, devise, purchase, or |
| 305 | condemnation by eminent domain proceedings or as are necessary |
| 306 | for the authority to perform its duties and functions; and any |
| 307 | such entry shall not be deemed a trespass or an entry that would |
| 308 | constitute a taking in an eminent domain proceeding. An |
| 309 | expressway authority shall make reimbursement for any actual |
| 310 | damage to such lands, water, and premises as a result of such |
| 311 | activities. Any entry authorized by this subsection shall be in |
| 312 | compliance with the premises protections and landowner liability |
| 313 | provisions contained in s. ss. 472.029 and 581.184. |
| 314 | Section 7. Section 933.02, Florida Statutes, is amended to |
| 315 | read: |
| 316 | 933.02 Grounds for issuance of search warrant.--Upon |
| 317 | proper affidavits being made, a search warrant may be issued |
| 318 | under the provisions of this chapter upon any of the following |
| 319 | grounds: |
| 320 | (1) When the property shall have been stolen or embezzled |
| 321 | in violation of law; |
| 322 | (2) When any property shall have been used: |
| 323 | (a) As a means to commit any crime;, |
| 324 | (b) In connection with gambling, gambling implements and |
| 325 | appliances;, or |
| 326 | (c) In violation of s. 847.011 or other laws in reference |
| 327 | to obscene prints and literature; |
| 328 | (3) When any property constitutes evidence relevant to |
| 329 | proving that a felony has been committed; |
| 330 | (4) When any property is being held or possessed: |
| 331 | (a) In violation of any of the laws prohibiting the |
| 332 | manufacture, sale, and transportation of intoxicating liquors;, |
| 333 | or |
| 334 | (b) In violation of the fish and game laws;, or |
| 335 | (c) In violation of the laws relative to food and drug;, |
| 336 | or |
| 337 | (d) In violation of the laws relative to citrus disease a |
| 338 | quarantine for citrus canker pursuant to ss. s. 581.184 and |
| 339 | 581.1845, or |
| 340 | (e) Which may be inspected, treated, seized, or destroyed |
| 341 | pursuant to s. 581.184; or |
| 342 | (5) When the laws in relation to cruelty to animals, as |
| 343 | provided in chapter 828, have been or are violated in any |
| 344 | particular building or place. |
| 345 |
|
| 346 | This section also applies to any papers or documents used as a |
| 347 | means of or in aid of the commission of any offense against the |
| 348 | laws of the state. |
| 349 | Section 8. Paragraph (f) of subsection (1) and paragraph |
| 350 | (b) of subsection (3) of section 933.40, Florida Statutes, are |
| 351 | amended to read: |
| 352 | 933.40 Agriculture warrants.-- |
| 353 | (1) As used in this section: |
| 354 | (f) "Plant pest" means any plant pest, noxious weed, or |
| 355 | arthropod declared a nuisance by the department pursuant to s. |
| 356 | 581.031(6), or any plant infected or exposed to infection as |
| 357 | defined in s. 581.184(1). |
| 358 | (3) An agriculture warrant shall be issued only upon |
| 359 | probable cause. In determining the existence of probable cause |
| 360 | for the issuance of one or more agriculture warrants, one or |
| 361 | more of the following findings may be sufficient to support a |
| 362 | determination of probable cause: |
| 363 | (b) Under all of the circumstances set forth in the |
| 364 | affidavit, there is a fair probability the property subject to |
| 365 | the agriculture warrant: |
| 366 | 1. Contains a plant pest; |
| 367 | 2. Is located in an area which may reasonably be suspected |
| 368 | of being infested or infected with a plant pest due to its |
| 369 | proximity to a known infestation, or if it is reasonably exposed |
| 370 | to infestation; |
| 371 | 3. Is located in a Section in which the department has |
| 372 | diagnosed the presence of one or more plants infected with |
| 373 | citrus canker as defined in s. 581.184(1)(a) or is located in a |
| 374 | Section adjacent thereto; |
| 375 | 3.4. Contains animals affected with any animal pest or |
| 376 | which have been exposed to and are liable to spread the animal |
| 377 | pest; or |
| 378 | 4.5. Contains any other property that is liable to convey |
| 379 | an animal pest. |
| 380 | Section 9. Subsection (3) is added to section 11.062, |
| 381 | Florida Statutes, to read: |
| 382 | 11.062 Use of state funds for lobbying prohibited; |
| 383 | penalty.-- |
| 384 | (3) Notwithstanding any other provision of law, the |
| 385 | prohibitions contained in this section shall not apply to a |
| 386 | state agency established under s. 20.29, provided that no |
| 387 | general revenue funds are expended for lobbying purposes. |
| 388 | Section 10. This act shall take effect upon becoming a |
| 389 | law. |