Bill No. CS/SB 2222
Amendment No. 042301
Senate House

1Representative Mayfield offered the following:
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,
6Florida Statutes, to read:
7     581.091  Noxious weeds and infected plants or regulated
8articles; sale or distribution; receipt; information to
9department; withholding information.--
10     (5)(a)  Notwithstanding any other provision of state law or
11rule, a person may obtain a special permit from the department
12to plant Casuarina cunninghamiana as a windbreak for a
13commercial citrus grove provided the plants are produced in an
14authorized registered nursery and certified by the department as
15being vegetatively propagated from male plants. A "commercial
16citrus grove" means a contiguous planting of 100 or more citrus
17trees where citrus fruit is produced for sale.
18     (b)  For a 5-year period, special permits authorizing a
19person to plant Casuarina cunninghamiana shall be issued only as
20part of a pilot program for fresh fruit groves in areas of
21Indian River, St. Lucie, and Martin Counties where citrus canker
22is determined by the department to be widespread. The pilot
23program shall be reevaluated annually and a comprehensive review
24shall be conducted in 2013. The purpose of the annual and 5-year
25reviews is to determine if the use of Casuarina cunninghamiana
26as an agricultural pest and disease windbreak poses any adverse
27environmental consequences. At the end of the 5-year pilot
28program, if the Noxious Weed and Invasive Plant Review
29Committee, created by the department, and the Department of
30Environmental Protection, in consultation with a representative
31of the citrus industry who has a Casuarina cunninghamiana
32windbreak, determine that the potential is low for adverse
33environmental impacts from planting Casuarina cunninghamiana as
34windbreaks, the department may, by rule, allow the use of
35Casuarina cunninghamiana windbreaks for commercial citrus groves
36in other areas of the state. If it is determined at the end of
37the 5-year pilot program that additional time is needed to
38further evaluate Casuarina cunninghamiana, the department will
39remain the lead agency.
40     (c)  Each application for a special permit shall be
41accompanied by a fee in an amount determined by the department,
42by rule, not to exceed $500. A special permit shall be required
43for each noncontiguous commercial citrus grove and shall be
44renewed every 5 years. The property owner is responsible for
45maintaining and producing for inspection the original nursery
46invoice with certification documentation. If ownership of the
47property is transferred, the seller must notify the department
48and provide the buyer with a copy of the special permit and
49copies of all invoices and certification documentation prior to
50the closing of the sale.
51     (d)  Each application shall include a baseline survey of
52all lands within 500 feet of the proposed Casuarina
53cunninghamiana windbreak showing the location and identification
54to species of all existing Casuarina spp.
55     (e)  Nurseries authorized to produce Casuarina
56cunninghamiana must obtain a special permit from the department
57certifying that the plants have been vegetatively propagated
58from sexually mature male source trees currently grown in the
59state. The importation of Casuarina cunninghamiana from any area
60outside the state to be used as a propagation source tree is
61prohibited. Each male source tree must be registered by the
62department as being a horticulturally true to type male plant
63and be labeled with a source tree registration number. Each
64nursery application for a special permit shall be accompanied by
65a fee in an amount determined by the department, by rule, not to
66exceed $200. Special permits shall be renewed annually. The
67department shall, by rule, set the amount of an annual fee, not
68to exceed $50, for each Casuarina cunninghamiana registered as a
69source tree. Nurseries may only sell Casuarina cunninghamiana to
70a person with a special permit as specified in paragraphs (a)
71and (b). The source tree registration numbers of the parent
72plants must be documented on each invoice or other certification
73documentation provided to the buyer.
74     (f)  All Casuarina cunninghamiana must be destroyed by the
75property owner within 6 months after:
76     1.  The property owner takes permanent action to no longer
77use the site for commercial citrus production;
78     2.  The site has not been used for commercial citrus
79production for a period of 5 years; or
80     3.  The department determines that the Casuarina
81cunninghamiana on the site has become invasive. This
82determination shall be based on, but not limited to, the
83recommendation of the Noxious Weed and Invasive Plant Review
84Committee and the Department of Environmental Protection and in
85consultation with a representative of the citrus industry who
86has a Casuarina cunninghamiana windbreak.
88If the owner or person in charge refuses or neglects to comply,
89the director or her or his authorized representative may, under
90authority of the department, proceed to destroy the plants. The
91expense of the destruction shall be assessed, collected, and
92enforced against the owner by the department. If the owner does
93not pay the assessed cost, the department may record a lien
94against the property.
95     (g)  The use of Casuarina cunninghamiana for windbreaks
96shall not preclude the department from issuing permits for the
97research or release of biological control agents to control
98Casuarina spp. in accordance with s. 581.083.
99     (h)  The use of Casuarina cunninghamiana for windbreaks
100shall not restrict or interfere with any other agency or local
101government effort to manage or control noxious weeds or invasive
102plants, including Casuarina cunninghamiana, nor shall any other
103agency or local government remove any Casuarina cunninghamiana
104planted as a windbreak under special permit issued by the
106     (i)  The department shall develop and implement a
107monitoring protocol to determine invasiveness of Casuarina
108cunninghamiana. The monitoring protocol shall at a minimum,
110     1.  Inspection of the planting site by department
111inspectors within 30 days following initial planting or any
112subsequent planting of Casuarina cunninghamiana to ensure the
113criteria of the special permit have been met.
114     2.  Annual site inspections of planting sites and all lands
115within 500 feet of the planted windbreak by department
116inspectors who have been trained to identify Casuarina spp. and
117to make determinations of whether Casuarina cunninghamiana has
118spread beyond the permitted windbreak location.
119     3.  Any new seedlings found within 500 feet of the planted
120windbreak to be removed, identified to the species level, and
121evaluated to determine if hybridization has occurred.
122     4.  The department to submit an annual report and a final
1235-year evaluation identifying any adverse effects resulting from
124the planting of Casuarina cunninghamiana for windbreaks and
125documenting all inspections and the results of those inspections
126to the Noxious Weed and Invasive Plant Review Committee, the
127Department of Environmental Protection, and a designated
128representative of the citrus industry who has a Casuarina
129cunninghamiana windbreak.
130     (j)  If the department determines that female flowers or
131cones have been produced on any Casuarina cunninghamiana that
132have been planted under a special permit issued by the
133department, the property owner shall be responsible for
134destroying the trees. The department shall notify the property
135owner of the timeframe and method of destruction.
136     (k)  If at any time the department determines that
137hybridization has occurred during the pilot program between
138Casuarina cunninghamiana planted as a windbreak and other
139Casuarina spp., the department shall expeditiously initiate
140research to determine the invasiveness of the hybrid. The
141information obtained from this research shall be evaluated by
142the Noxious Weed and Invasive Plant Review Committee, the
143Department of Environmental Protection, and a designated
144representative of the citrus industry who has a Casuarina
145cunninghamiana windbreak. If the department determines that the
146hybrids have a high potential to become invasive, based on, but
147not limited to, the recommendation of the Noxious Weed and
148Invasive Plant Review Committee, the Department of Environmental
149Protection, and a designated representative of the citrus
150industry who has a Casuarina cunninghamiana windbreak, this
151pilot program shall be permanently suspended.
152     (l)  Each application for a special permit must be
153accompanied by a fee as described in paragraph (c) and an
154agreement that the property owner will abide by all permit
155conditions including the removal of Casuarina cunninghamiana if
156invasive populations or other adverse environmental factors are
157determined to be present by the department as a result of the
158use of Casuarina cunninghamiana as windbreaks. The application
159must include, on a form provided by the department, the name of
160the applicant and the applicant's address or the address of the
161applicant's principal place of business; a statement of the
162estimated cost of removing and destroying the Casuarina
163cunninghamiana that is the subject of the special permit; and
164the basis for calculating or determining that estimate. If the
165applicant is a corporation, partnership, or other business
166entity, the applicant must also provide in the application the
167name and address of each officer, partner, or managing agent.
168The applicant shall notify the department within 30 business
169days of any change of address or change in the principal place
170of business. The department shall mail all notices to the
171applicant's last known address.
172     1.  Upon obtaining a permit, the permitholder must annually
173maintain the Casuarina cunninghamiana authorized by a special
174permit as required in the permit. If the permitholder ceases to
175maintain the Casuarina cunninghamiana as required by the special
176permit, if the permit expires, or if the permitholder ceases to
177abide by the conditions of the special permit, the permitholder
178shall remove and destroy the Casuarina cunninghamiana in a
179timely manner as specified in the permit.
180     2.  If the department:
181     a.  Determines that the permitholder is no longer
182maintaining the Casuarina cunninghamiana subject to the special
183permit and has not removed and destroyed the Casuarina
184cunninghamiana authorized by the special permit;
185     b.  Determines that the continued use of Casuarina
186cunninghamiana as windbreaks presents an imminent danger to
187public health, safety, or welfare; or
188     c.  Determines that the permitholder has exceeded the
189conditions of the authorized special permit;
191The department may issue an immediate final order, which shall
192be immediately appealable or enjoinable as provided by chapter
193120, directing the permitholder to immediately remove and
194destroy the Casuarina cunninghamiana authorized to be planted
195under the special permit. A copy of the immediate final order
196shall be mailed to the permitholder.
197     3.  If, upon issuance by the department of an immediate
198final order to the permitholder, the permitholder fails to
199remove and destroy the Casuarina cunninghamiana subject to the
200special permit within 60 days after issuance of the order, or
201such shorter period as is designated in the order as public
202health, safety, or welfare requires, the department may remove
203and destroy the Casuarina cunninghamiana that are the subject of
204the special permit. If the permitholder makes a written request
205to the department for an extension of time to remove and destroy
206the Casuarina cunninghamiana that demonstrates specific facts
207showing why the Casuarina cunninghamiana could not reasonably be
208removed and destroyed in the applicable timeframe, the
209department may extend the time for removing and destroying
210Casuarina cunninghamiana subject to a special permit. The
211reasonable costs and expenses incurred by the department for
212removing and destroying Casuarina cunninghamiana subject to a
213special permit shall be paid out of the Citrus Inspection Trust
214Fund and shall be reimbursed by the party to which the immediate
215final order is issued. If the party to which the immediate final
216order has been issued fails to reimburse the state within 60
217days, the department may record a lien on the property. The lien
218shall be enforced by the department.
219     4.  In order to carry out the purposes of this paragraph,
220the department or its agents may require a permitholder to
221provide verified statements of the planted acreage subject to
222the special permit and may review the permitholder's business or
223planting records at her or his place of business during normal
224business hours in order to determine the acreage planted. The
225failure of a permitholder to furnish such statement or to make
226such records available is cause for suspension of the special
227permit. If the department finds such failure to be willful, the
228special permit may be revoked.
229     Section 2.  This act shall take effect July 1, 2008.
T I T L E  A M E N D M E N T
234     Remove the entire title and insert:
A bill to be entitled
236An act relating to citrus; amending s. 581.091, F.S.; providing
237conditions for use of Casuarina cunninghamiana as a windbreak
238for commercial citrus groves; defining the term "commercial
239citrus grove"; providing for permitting and permit fees;
240providing for destruction of Casuarina cunninghamiana;
241specifying responsibility and liability for removal and
242destruction of such trees; providing that use as a windbreak
243does not preclude research or release of agents to control
244Casuarina spp.; providing that the use of Casuarina
245cunninghamiana for windbreaks does not interfere with or
246restrict efforts to manage or control noxious weeds or invasive
247plants; prohibiting any other agency or local government from
248removing Casuarina cunninghamiana planted as a windbreak under
249special permit; providing an effective date.

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