1 | Representative Mayfield offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Subsection (5) is added to section 581.091, |
6 | Florida Statutes, to read: |
7 | 581.091 Noxious weeds and infected plants or regulated |
8 | articles; sale or distribution; receipt; information to |
9 | department; withholding information.-- |
10 | (5)(a) Notwithstanding any other provision of state law or |
11 | rule, a person may obtain a special permit from the department |
12 | to plant Casuarina cunninghamiana as a windbreak for a |
13 | commercial citrus grove provided the plants are produced in an |
14 | authorized registered nursery and certified by the department as |
15 | being vegetatively propagated from male plants. A "commercial |
16 | citrus grove" means a contiguous planting of 100 or more citrus |
17 | trees where citrus fruit is produced for sale. |
18 | (b) For a 5-year period, special permits authorizing a |
19 | person to plant Casuarina cunninghamiana shall be issued only as |
20 | part of a pilot program for fresh fruit groves in areas of |
21 | Indian River, St. Lucie, and Martin Counties where citrus canker |
22 | is determined by the department to be widespread. The pilot |
23 | program shall be reevaluated annually and a comprehensive review |
24 | shall be conducted in 2013. The purpose of the annual and 5-year |
25 | reviews is to determine if the use of Casuarina cunninghamiana |
26 | as an agricultural pest and disease windbreak poses any adverse |
27 | environmental consequences. At the end of the 5-year pilot |
28 | program, if the Noxious Weed and Invasive Plant Review |
29 | Committee, created by the department, and the Department of |
30 | Environmental Protection, in consultation with a representative |
31 | of the citrus industry who has a Casuarina cunninghamiana |
32 | windbreak, determine that the potential is low for adverse |
33 | environmental impacts from planting Casuarina cunninghamiana as |
34 | windbreaks, the department may, by rule, allow the use of |
35 | Casuarina cunninghamiana windbreaks for commercial citrus groves |
36 | in other areas of the state. If it is determined at the end of |
37 | the 5-year pilot program that additional time is needed to |
38 | further evaluate Casuarina cunninghamiana, the department will |
39 | remain the lead agency. |
40 | (c) Each application for a special permit shall be |
41 | accompanied by a fee in an amount determined by the department, |
42 | by rule, not to exceed $500. A special permit shall be required |
43 | for each noncontiguous commercial citrus grove and shall be |
44 | renewed every 5 years. The property owner is responsible for |
45 | maintaining and producing for inspection the original nursery |
46 | invoice with certification documentation. If ownership of the |
47 | property is transferred, the seller must notify the department |
48 | and provide the buyer with a copy of the special permit and |
49 | copies of all invoices and certification documentation prior to |
50 | the closing of the sale. |
51 | (d) Each application shall include a baseline survey of |
52 | all lands within 500 feet of the proposed Casuarina |
53 | cunninghamiana windbreak showing the location and identification |
54 | to species of all existing Casuarina spp. |
55 | (e) Nurseries authorized to produce Casuarina |
56 | cunninghamiana must obtain a special permit from the department |
57 | certifying that the plants have been vegetatively propagated |
58 | from sexually mature male source trees currently grown in the |
59 | state. The importation of Casuarina cunninghamiana from any area |
60 | outside the state to be used as a propagation source tree is |
61 | prohibited. Each male source tree must be registered by the |
62 | department as being a horticulturally true to type male plant |
63 | and be labeled with a source tree registration number. Each |
64 | nursery application for a special permit shall be accompanied by |
65 | a fee in an amount determined by the department, by rule, not to |
66 | exceed $200. Special permits shall be renewed annually. The |
67 | department shall, by rule, set the amount of an annual fee, not |
68 | to exceed $50, for each Casuarina cunninghamiana registered as a |
69 | source tree. Nurseries may only sell Casuarina cunninghamiana to |
70 | a person with a special permit as specified in paragraphs (a) |
71 | and (b). The source tree registration numbers of the parent |
72 | plants must be documented on each invoice or other certification |
73 | documentation provided to the buyer. |
74 | (f) All Casuarina cunninghamiana must be destroyed by the |
75 | property owner within 6 months after: |
76 | 1. The property owner takes permanent action to no longer |
77 | use the site for commercial citrus production; |
78 | 2. The site has not been used for commercial citrus |
79 | production for a period of 5 years; or |
80 | 3. The department determines that the Casuarina |
81 | cunninghamiana on the site has become invasive. This |
82 | determination shall be based on, but not limited to, the |
83 | recommendation of the Noxious Weed and Invasive Plant Review |
84 | Committee and the Department of Environmental Protection and in |
85 | consultation with a representative of the citrus industry who |
86 | has a Casuarina cunninghamiana windbreak. |
87 | |
88 | If the owner or person in charge refuses or neglects to comply, |
89 | the director or her or his authorized representative may, under |
90 | authority of the department, proceed to destroy the plants. The |
91 | expense of the destruction shall be assessed, collected, and |
92 | enforced against the owner by the department. If the owner does |
93 | not pay the assessed cost, the department may record a lien |
94 | against the property. |
95 | (g) The use of Casuarina cunninghamiana for windbreaks |
96 | shall not preclude the department from issuing permits for the |
97 | research or release of biological control agents to control |
98 | Casuarina spp. in accordance with s. 581.083. |
99 | (h) The use of Casuarina cunninghamiana for windbreaks |
100 | shall not restrict or interfere with any other agency or local |
101 | government effort to manage or control noxious weeds or invasive |
102 | plants, including Casuarina cunninghamiana, nor shall any other |
103 | agency or local government remove any Casuarina cunninghamiana |
104 | planted as a windbreak under special permit issued by the |
105 | department. |
106 | (i) The department shall develop and implement a |
107 | monitoring protocol to determine invasiveness of Casuarina |
108 | cunninghamiana. The monitoring protocol shall at a minimum, |
109 | require: |
110 | 1. Inspection of the planting site by department |
111 | inspectors within 30 days following initial planting or any |
112 | subsequent planting of Casuarina cunninghamiana to ensure the |
113 | criteria of the special permit have been met. |
114 | 2. Annual site inspections of planting sites and all lands |
115 | within 500 feet of the planted windbreak by department |
116 | inspectors who have been trained to identify Casuarina spp. and |
117 | to make determinations of whether Casuarina cunninghamiana has |
118 | spread beyond the permitted windbreak location. |
119 | 3. Any new seedlings found within 500 feet of the planted |
120 | windbreak to be removed, identified to the species level, and |
121 | evaluated to determine if hybridization has occurred. |
122 | 4. The department to submit an annual report and a final |
123 | 5-year evaluation identifying any adverse effects resulting from |
124 | the planting of Casuarina cunninghamiana for windbreaks and |
125 | documenting all inspections and the results of those inspections |
126 | to the Noxious Weed and Invasive Plant Review Committee, the |
127 | Department of Environmental Protection, and a designated |
128 | representative of the citrus industry who has a Casuarina |
129 | cunninghamiana windbreak. |
130 | (j) If the department determines that female flowers or |
131 | cones have been produced on any Casuarina cunninghamiana that |
132 | have been planted under a special permit issued by the |
133 | department, the property owner shall be responsible for |
134 | destroying the trees. The department shall notify the property |
135 | owner of the timeframe and method of destruction. |
136 | (k) If at any time the department determines that |
137 | hybridization has occurred during the pilot program between |
138 | Casuarina cunninghamiana planted as a windbreak and other |
139 | Casuarina spp., the department shall expeditiously initiate |
140 | research to determine the invasiveness of the hybrid. The |
141 | information obtained from this research shall be evaluated by |
142 | the Noxious Weed and Invasive Plant Review Committee, the |
143 | Department of Environmental Protection, and a designated |
144 | representative of the citrus industry who has a Casuarina |
145 | cunninghamiana windbreak. If the department determines that the |
146 | hybrids have a high potential to become invasive, based on, but |
147 | not limited to, the recommendation of the Noxious Weed and |
148 | Invasive Plant Review Committee, the Department of Environmental |
149 | Protection, and a designated representative of the citrus |
150 | industry who has a Casuarina cunninghamiana windbreak, this |
151 | pilot program shall be permanently suspended. |
152 | (l) Each application for a special permit must be |
153 | accompanied by a fee as described in paragraph (c) and an |
154 | agreement that the property owner will abide by all permit |
155 | conditions including the removal of Casuarina cunninghamiana if |
156 | invasive populations or other adverse environmental factors are |
157 | determined to be present by the department as a result of the |
158 | use of Casuarina cunninghamiana as windbreaks. The application |
159 | must include, on a form provided by the department, the name of |
160 | the applicant and the applicant's address or the address of the |
161 | applicant's principal place of business; a statement of the |
162 | estimated cost of removing and destroying the Casuarina |
163 | cunninghamiana that is the subject of the special permit; and |
164 | the basis for calculating or determining that estimate. If the |
165 | applicant is a corporation, partnership, or other business |
166 | entity, the applicant must also provide in the application the |
167 | name and address of each officer, partner, or managing agent. |
168 | The applicant shall notify the department within 30 business |
169 | days of any change of address or change in the principal place |
170 | of business. The department shall mail all notices to the |
171 | applicant's last known address. |
172 | 1. Upon obtaining a permit, the permitholder must annually |
173 | maintain the Casuarina cunninghamiana authorized by a special |
174 | permit as required in the permit. If the permitholder ceases to |
175 | maintain the Casuarina cunninghamiana as required by the special |
176 | permit, if the permit expires, or if the permitholder ceases to |
177 | abide by the conditions of the special permit, the permitholder |
178 | shall remove and destroy the Casuarina cunninghamiana in a |
179 | timely manner as specified in the permit. |
180 | 2. If the department: |
181 | a. Determines that the permitholder is no longer |
182 | maintaining the Casuarina cunninghamiana subject to the special |
183 | permit and has not removed and destroyed the Casuarina |
184 | cunninghamiana authorized by the special permit; |
185 | b. Determines that the continued use of Casuarina |
186 | cunninghamiana as windbreaks presents an imminent danger to |
187 | public health, safety, or welfare; or |
188 | c. Determines that the permitholder has exceeded the |
189 | conditions of the authorized special permit; |
190 | |
191 | The department may issue an immediate final order, which shall |
192 | be immediately appealable or enjoinable as provided by chapter |
193 | 120, directing the permitholder to immediately remove and |
194 | destroy the Casuarina cunninghamiana authorized to be planted |
195 | under the special permit. A copy of the immediate final order |
196 | shall be mailed to the permitholder. |
197 | 3. If, upon issuance by the department of an immediate |
198 | final order to the permitholder, the permitholder fails to |
199 | remove and destroy the Casuarina cunninghamiana subject to the |
200 | special permit within 60 days after issuance of the order, or |
201 | such shorter period as is designated in the order as public |
202 | health, safety, or welfare requires, the department may remove |
203 | and destroy the Casuarina cunninghamiana that are the subject of |
204 | the special permit. If the permitholder makes a written request |
205 | to the department for an extension of time to remove and destroy |
206 | the Casuarina cunninghamiana that demonstrates specific facts |
207 | showing why the Casuarina cunninghamiana could not reasonably be |
208 | removed and destroyed in the applicable timeframe, the |
209 | department may extend the time for removing and destroying |
210 | Casuarina cunninghamiana subject to a special permit. The |
211 | reasonable costs and expenses incurred by the department for |
212 | removing and destroying Casuarina cunninghamiana subject to a |
213 | special permit shall be paid out of the Citrus Inspection Trust |
214 | Fund and shall be reimbursed by the party to which the immediate |
215 | final order is issued. If the party to which the immediate final |
216 | order has been issued fails to reimburse the state within 60 |
217 | days, the department may record a lien on the property. The lien |
218 | shall be enforced by the department. |
219 | 4. In order to carry out the purposes of this paragraph, |
220 | the department or its agents may require a permitholder to |
221 | provide verified statements of the planted acreage subject to |
222 | the special permit and may review the permitholder's business or |
223 | planting records at her or his place of business during normal |
224 | business hours in order to determine the acreage planted. The |
225 | failure of a permitholder to furnish such statement or to make |
226 | such records available is cause for suspension of the special |
227 | permit. If the department finds such failure to be willful, the |
228 | special permit may be revoked. |
229 | Section 2. This act shall take effect July 1, 2008. |
230 |
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231 |
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232 | ----------------------------------------------------- |
233 | T I T L E A M E N D M E N T |
234 | Remove the entire title and insert: |
235 | A bill to be entitled |
236 | An act relating to citrus; amending s. 581.091, F.S.; providing |
237 | conditions for use of Casuarina cunninghamiana as a windbreak |
238 | for commercial citrus groves; defining the term "commercial |
239 | citrus grove"; providing for permitting and permit fees; |
240 | providing for destruction of Casuarina cunninghamiana; |
241 | specifying responsibility and liability for removal and |
242 | destruction of such trees; providing that use as a windbreak |
243 | does not preclude research or release of agents to control |
244 | Casuarina spp.; providing that the use of Casuarina |
245 | cunninghamiana for windbreaks does not interfere with or |
246 | restrict efforts to manage or control noxious weeds or invasive |
247 | plants; prohibiting any other agency or local government from |
248 | removing Casuarina cunninghamiana planted as a windbreak under |
249 | special permit; providing an effective date. |