Senate Bill sb0994c1
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Florida Senate - 2006 CS for SB 994
By the Committee on Agriculture; and Senator Alexander
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1 A bill to be entitled
2 An act relating to citrus canker; amending s.
3 581.184, F.S.; revising provisions relating to
4 rulemaking required of the Department of
5 Agriculture; replacing goals relating to
6 eradication of citrus canker with goals
7 relating to disease management; deleting
8 definitions of terms; deleting requirements
9 that citrus trees be removed and destroyed in
10 specified circumstances; deleting procedures
11 relating to such removal and destruction;
12 requiring that the department adopt rules
13 regarding the conditions under which citrus
14 plants can be grown, moved, and planted as
15 necessary to control or prevent the
16 dissemination of citrus canker; deleting
17 obsolete provisions relating to the publication
18 of guidelines for citrus canker
19 decontamination; providing an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Section 581.184, Florida Statutes, is
24 amended to read:
25 581.184 Adoption of rules; citrus canker disease
26 management radication; voluntary destruction agreements.--
27 (1) As used in this section, the term:
28 (a) "Infected or infested" means citrus trees
29 harboring the citrus canker bacteria and exhibiting visible
30 symptoms of the disease.
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Florida Senate - 2006 CS for SB 994
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1 (b) "Exposed to infection" means citrus trees located
2 within 1,900 feet of an infected tree.
3 (2)(a) The department shall remove and destroy all
4 infected citrus trees and all citrus trees exposed to
5 infection. The department may destroy, by chipping, trees
6 removed pursuant to this section. Notice of the removal of
7 such trees, by immediate final order, shall be provided to the
8 owner of the property on which such trees are located. An
9 immediate final order issued by the department pursuant to
10 this section shall notify the property owner that the citrus
11 trees that are the subject of the immediate final order will
12 be removed and destroyed unless the property owner, no later
13 than 10 days after delivery of the immediate final order
14 pursuant to subsection (3), requests and obtains a stay of the
15 immediate final order from the district court of appeal with
16 jurisdiction to review such requests. The property owner shall
17 not be required to seek a stay of the immediate final order by
18 the department prior to seeking the stay from the district
19 court of appeal.
20 (b) Regulation of the removal or destruction of citrus
21 trees pursuant to this section is hereby preempted to the
22 state. No county, municipal, or other local ordinance or other
23 regulation that would otherwise impose requirements,
24 restrictions, or conditions upon the department or its
25 contractors with respect to the removal or destruction of
26 citrus trees pursuant to this section shall be enforceable
27 against the department or its contractors.
28 (3) Any immediate final order issued by the department
29 pursuant to this section:
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Florida Senate - 2006 CS for SB 994
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1 (a) May be delivered in person, by certified mail, or
2 by attaching the order to a conspicuous place on the property
3 on which a citrus tree to be removed is located.
4 (b) Is not required to be adopted by the department as
5 a rule.
6 (4) Simultaneously with the delivery of an immediate
7 final order, the department shall also provide the following
8 information to a property owner:
9 (a) The physical location of the infected tree which
10 has necessitated removal and destruction of the property
11 owner's tree.
12 (b) The diagnostic report that resulted in the
13 determination that the infected tree is infected with the
14 citrus canker.
15 (1)(5) The department shall is directed to adopt rules
16 regarding the conditions under which citrus plants, other than
17 those that are infected or exposed to infection, can be grown,
18 moved, and planted in this state as may be necessary for the
19 eradication, control, or prevention of the dissemination of
20 citrus canker. Such rules shall be in effect for any period
21 during which, in the judgment of the Commissioner of
22 Agriculture, there is the threat of the spread of citrus
23 canker disease in the state. Such rules may provide for the
24 conduct of any activity regulated by such rules subject to an
25 agreement by persons wishing to engage in such activity to
26 voluntarily destroy, at their own expense, citrus plants
27 declared by the department to be imminently dangerous by
28 reason of being infected or infested with citrus canker or
29 exposed to infection and likely to communicate same. The
30 terms of such agreement may also require the destruction of
31 healthy plants under specified conditions. Any such
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Florida Senate - 2006 CS for SB 994
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1 destruction shall be done after reasonable notice in a manner
2 pursuant to and under conditions set forth in the agreement.
3 Such agreements may include releases and waivers of liability
4 and may require the agreement of other persons.
5 (2)(6) The department shall develop by rule, pursuant
6 to ss. 120.536(1) and 120.54, a statewide program of
7 decontamination to prevent and limit the spread of citrus
8 canker disease. Such program shall address the application of
9 decontamination procedures and practices to all citrus plants
10 and plant products, vehicles, equipment, machinery, tools,
11 objects, and persons who could in any way spread or aid in the
12 spreading of citrus canker in this state. In order to prevent
13 contamination of soil and water, such rules shall be developed
14 in consultation with the Department of Environmental
15 Protection. The department may develop compliance and other
16 agreements which it determines can aid in the carrying out of
17 the purposes of this section, and enter into such agreements
18 with any person or entity.
19 (3)(7) Owners or and/or operators of nonproduction
20 vehicles and equipment shall follow the department guidelines
21 for citrus canker decontamination effective June 15, 2000. The
22 department shall publish the guidelines in the Florida
23 Administrative Weekly and on the department Internet website.
24 The guidelines shall be posted no later than May 15, 2000.
25 (4)(8) Notwithstanding any provision of law, the
26 Department of Environmental Protection is not authorized to
27 institute proceedings against any person under the provisions
28 of s. 376.307(5) to recover any costs or damages associated
29 with contamination of soil or water, or the evaluation,
30 assessment, or remediation of contamination of soil or water,
31 including sampling, analysis, and restoration of soil or
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Florida Senate - 2006 CS for SB 994
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1 potable water supplies, where the contamination of soil or
2 water is determined to be the result of a program of
3 decontamination to prevent and limit the spread of citrus
4 canker disease pursuant to rules developed under this section.
5 This subsection does not limit regulatory authority under a
6 federally delegated or approved program.
7 (5)(9) Upon request of the department, the sheriff or
8 chief law enforcement officer of each county in the state
9 shall provide assistance in obtaining access to private
10 property for the purpose of enforcing the provisions of this
11 section. The sheriff or chief law enforcement officer shall be
12 responsible for maintaining public order during the
13 eradication process and protecting the safety of department
14 employees, representatives, and agents charged with
15 implementing and enforcing the provisions of this section. The
16 department may reimburse the sheriff or chief law enforcement
17 officer for the reasonable costs of implementing the
18 provisions of this subsection.
19 (10) Posting of an order on the property on which
20 citrus trees are to be cut pursuant to the citrus canker
21 eradication program shall meet the notice requirement of s.
22 120.569(1).
23 Section 2. This act shall take effect July 1, 2006.
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Florida Senate - 2006 CS for SB 994
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 994
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4 Committee Substitute for Senate Bill 994 is different from
Senate Bill 994 in that it:
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1. Strikes the contents of the bill.
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2. Replaces the Department of Agriculture and Consumer
7 Services' (department) goal of eradicating citrus canker
with goals relating to management of the disease.
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3. Deletes obsolete provisions and requires the department
9 to adopt rules regarding the conditions under which
citrus plants can be grown, moved, and planted as
10 necessary to control or prevent the dissemination of
citrus canker.
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