HB 7159

CS

CHAMBER ACTION

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

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