| 1 | Representative Poppell offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (766599) to the Senate |
| 4 | Bill (with title amendment) |
| 5 | On page 21, between line(s) 14 and 15, insert: |
| 6 |
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| 7 | Section 16. Subsection (5) is added to section 581.091, |
| 8 | Florida Statutes, to read: |
| 9 | 581.091 Noxious weeds and infected plants or regulated |
| 10 | articles; sale or distribution; receipt; information to |
| 11 | department; withholding information.-- |
| 12 | (5)(a) Notwithstanding any other provision of state law or |
| 13 | rule, a person may obtain a special permit from the department |
| 14 | to plant Casuarina cunninghamiana as a windbreak for a |
| 15 | commercial citrus grove provided the plants are produced in an |
| 16 | authorized registered nursery and certified by the department as |
| 17 | being vegetatively propagated from male plants. A "commercial |
| 18 | citrus grove" means a contiguous planting of 40 or more citrus |
| 19 | trees where citrus fruit is produced for sale. |
| 20 | (b) Special permits authorizing a person to plant |
| 21 | Casuarina cunninghamiana shall be issued only as part of a pilot |
| 22 | program in areas where citrus canker is determined by the |
| 23 | department to be widespread. Each application for a special |
| 24 | permit shall be accompanied by a fee in an amount determined by |
| 25 | the department, by rule, not to exceed $500. A special permit |
| 26 | shall be required for each noncontiguous commercial citrus grove |
| 27 | and shall be renewed every 5 years. The property owner is |
| 28 | responsible for maintaining and producing for inspection the |
| 29 | original nursery invoice with certification documentation. If |
| 30 | ownership of the property is transferred, the seller must notify |
| 31 | the department and provide the buyer with a copy of the special |
| 32 | permit and copies of all invoices and certification |
| 33 | documentation prior to the closing of the sale. |
| 34 | (c) Nurseries authorized to produce Casuarina |
| 35 | cunninghamiana must obtain a special permit from the department |
| 36 | certifying that the plants have been vegetatively propagated |
| 37 | from sexually mature male source trees currently grown in the |
| 38 | state. The importation of Casuarina cunninghamiana from any area |
| 39 | outside the state to be used as a propagation source tree is |
| 40 | prohibited. Each male source tree must be registered by the |
| 41 | department as being a horticulturally true to type male plant |
| 42 | and be labeled with a source tree registration number. Each |
| 43 | nursery application for a special permit shall be accompanied by |
| 44 | a fee in an amount determined by the department, by rule, not to |
| 45 | exceed $200. Special permits shall be renewed annually. The |
| 46 | department shall, by rule, set the amount of an annual fee, |
| 47 | which shall not exceed $50, for each Casuarina cunninghamiana |
| 48 | registered as a source tree. Nurseries may only sell Casuarina |
| 49 | cunninghamiana to a person with a special permit as specified in |
| 50 | paragraphs (a) and (b). The source tree registration numbers of |
| 51 | the parent plants must be documented on each invoice or other |
| 52 | certification documentation provided to the buyer. |
| 53 | (d) All Casuarina cunninghamiana must be destroyed by the |
| 54 | property owner once the site is no longer used for commercial |
| 55 | citrus production or if the department determines that the |
| 56 | Casuarina cunninghamiana on the site has become invasive. The |
| 57 | determination of the department shall be based on the |
| 58 | recommendation of the Noxious Weed and Invasive Plant Review |
| 59 | Committee, created by the department, in consultation with a |
| 60 | representative of the citrus industry who has a Casuarina |
| 61 | cunninghamiana windbreak. Destruction of all Casuarina |
| 62 | cunninghamiana used in the windbreak must be completed within 6 |
| 63 | months after the final harvest of fruit for commercial sale. If |
| 64 | the owner or person in charge refuses or neglects to comply, the |
| 65 | director or her or his authorized representative may, under |
| 66 | authority of the department, proceed to destroy the plants. The |
| 67 | expense of the destruction shall be assessed, collected, and |
| 68 | enforced against the owner by the department. If the owner does |
| 69 | not pay the assessed cost, the department may record a lien |
| 70 | against the property. |
| 71 | (e) The use of Casuarina cunninghamiana for windbreaks |
| 72 | shall not preclude the department from issuing permits for the |
| 73 | research or release of biological control agents to control |
| 74 | Casuarina sp. in accordance with s. 581.083. The department |
| 75 | shall not consider potential adverse impacts to Casuarina |
| 76 | cunninghamiana windbreaks when determining whether to approve or |
| 77 | deny permits for the research or release of any biological |
| 78 | control agent. |
| 79 | (f) The use of Casuarina cunninghamiana for windbreaks |
| 80 | shall not restrict or interfere with any other agency or local |
| 81 | government effort to manage or control noxious weeds or invasive |
| 82 | plants, including Casuarina cunninghamiana, nor shall any other |
| 83 | agency or local government remove any Casuarina cunninghamiana |
| 84 | planted as a windbreak under special permit issued by the |
| 85 | department. |
| 86 |
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| 87 | ======= T I T L E A M E N D M E N T ========== |
| 88 | On page 3, remove line 14, and insert: |
| 89 |
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| 90 | suitable markers; amending s. 581.091, F.S.; providing |
| 91 | conditions for use of Casuarina cunninghamiana as a |
| 92 | windbreak for commercial citrus groves; providing for |
| 93 | permitting and permit fees; providing for destruction of |
| 94 | Casuarina cunninghamiana; providing that use as windbreaks |
| 95 | does not preclude research or release of agents to control |
| 96 | Casuarina sp. not used as such by the department, any other |
| 97 | agency, or any local government; prohibiting removal of |
| 98 | Casuarina cunninghamiana planted as a windbreak under |
| 99 | special permit; providing an effective date. |