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