(LATE FILED)Amendment
Bill No. 1427
Amendment No. 414865
CHAMBER ACTION
Senate House
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1Representative Poppell offered the following:
2
3     Amendment (with title amendments)
4     Between lines 72 and 73, insert:
5
6     Section 3.  Subsection (5) is added to section 581.091,
7Florida Statutes, to read:
8     581.091  Noxious weeds and infected plants or regulated
9articles; sale or distribution; receipt; information to
10department; withholding information.--
11     (5)(a)  Notwithstanding any other provision of state law or
12rule, a person may obtain a special permit from the department
13to plant Casuarina cunninghamiana as a windbreak for a
14commercial citrus grove provided the plants are produced in an
15authorized registered nursery and certified by the department as
16being vegetatively propagated from male plants. A "commercial
17citrus grove" means a contiguous planting of 40 or more citrus
18trees where citrus fruit is produced for sale.
19     (b)  Special permits authorizing a person to plant
20Casuarina cunninghamiana shall be issued only as part of a pilot
21program in areas where citrus canker is determined by the
22department to be widespread. Each application for a special
23permit shall be accompanied by a fee in an amount determined by
24the department, by rule, not to exceed $500. A special permit
25shall be required for each noncontiguous commercial citrus grove
26and shall be renewed every 5 years. The property owner is
27responsible for maintaining and producing for inspection the
28original nursery invoice with certification documentation. If
29ownership of the property is transferred, the seller must notify
30the department and provide the buyer with a copy of the special
31permit and copies of all invoices and certification
32documentation prior to the closing of the sale.
33     (c)  Nurseries authorized to produce Casuarina
34cunninghamiana must obtain a special permit from the department
35certifying that the plants have been vegetatively propagated
36from sexually mature male source trees currently grown in the
37state. The importation of Casuarina cunninghamiana from any area
38outside the state to be used as a propagation source tree is
39prohibited. Each male source tree must be registered by the
40department as being a horticulturally true to type male plant
41and be labeled with a source tree registration number. Each
42nursery application for a special permit shall be accompanied by
43a fee in an amount determined by the department, by rule, not to
44exceed $200. Special permits shall be renewed annually. The
45department shall, by rule, set the amount of an annual fee,
46which shall not exceed $50, for each Casuarina cunninghamiana
47registered as a source tree. Nurseries may only sell Casuarina
48cunninghamiana to a person with a special permit as specified in
49paragraphs (a) and (b). The source tree registration numbers of
50the parent plants must be documented on each invoice or other
51certification documentation provided to the buyer.
52     (d)  All Casuarina cunninghamiana must be destroyed by the
53property owner once the site is no longer used for commercial
54citrus production or if the department determines that the
55Casuarina cunninghamiana on the site has become invasive. The
56determination of the department shall be based on the
57recommendation of the Noxious Weed and Invasive Plant Review
58Committee, created by the department, in consultation with a
59representative of the citrus industry who has a Casuarina
60cunninghamiana windbreak. Destruction of all Casuarina
61cunninghamiana used in the windbreak must be completed within 6
62months after the final harvest of fruit for commercial sale. If
63the owner or person in charge refuses or neglects to comply, the
64director or her or his authorized representative may, under
65authority of the department, proceed to destroy the plants. The
66expense of the destruction shall be assessed, collected, and
67enforced against the owner by the department. If the owner does
68not pay the assessed cost, the department may record a lien
69against the property.
70     (e)  The use of Casuarina cunninghamiana for windbreaks
71shall not preclude the department from issuing permits for the
72research or release of biological control agents to control
73Casuarina sp. in accordance with s. 581.083. The department
74shall not consider potential adverse impacts to Casuarina
75cunninghamiana windbreaks when determining whether to approve or
76deny permits for the research or release of any biological
77control agent.
78     (f)  The use of Casuarina cunninghamiana for windbreaks
79shall not restrict or interfere with any other agency or local
80government effort to manage or control noxious weeds or invasive
81plants, including Casuarina cunninghamiana, nor shall any other
82agency or local government remove any Casuarina cunninghamiana
83planted as a windbreak under special permit issued by the
84department.
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86======= T I T L E  A M E N D M E N T =======
87     Remove line 13 and insert:
88
89provision does not apply to certain sales; amending s. 581.091,
90F.S.; providing conditions for use of Casuarina cunninghamiana
91as a windbreak for commercial citrus groves; providing for
92permitting and permit fees; providing for destruction of
93Casuarina cunninghamiana; providing that use as windbreaks does
94not preclude research or release of agents to control Casuarina
95sp. not used as such by the department, any other agency, or any
96local government; prohibiting removal of Casuarina
97cunninghamiana planted as a windbreak under special permit;
98providing an


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