Senate Bill sb0994c1

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    Florida Senate - 2006                            CS for SB 994

    By the Committee on Agriculture; and Senator Alexander





    575-1879-06

  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
    575-1879-06




 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
    575-1879-06




 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
    575-1879-06




 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
    575-1879-06




 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
    575-1879-06




 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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