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A bill to be entitled

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An act relating to citrus; amending s. 581.091, F.S.;

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providing conditions for use of Casuarina cunninghamiana

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as a windbreak for commercial citrus groves; defining the

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term "commercial citrus grove"; providing for permitting

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and permit fees; providing for destruction of Casuarina

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cunninghamiana; specifying responsibility and liability

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for removal and destruction of such trees; providing that

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use as a windbreak does not preclude research or release

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of agents to control Casuarina spp.; providing that the

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use of Casuarina cunninghamiana for windbreaks does not

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interfere with or restrict efforts to manage or control

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noxious weeds or invasive plants; prohibiting any other

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agency or local government from removing Casuarina

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cunninghamiana planted as a windbreak under special

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permit; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (5) is added to section 581.091,

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Florida Statutes, to read:

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     581.091  Noxious weeds and infected plants or regulated

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articles; sale or distribution; receipt; information to

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department; withholding information.--

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     (5)(a) Notwithstanding any other provision of state law or

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rule, a person may obtain a special permit from the department to

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plant Casuarina cunninghamiana as a windbreak for a commercial

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citrus grove provided the plants are produced in an authorized

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registered nursery and certified by the department as being

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vegetatively propagated from male plants. A "commercial citrus

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grove" means a contiguous planting of 100 or more citrus trees

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where citrus fruit is produced for sale.

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     (b) For a 5-year period, special permits authorizing a

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person to plant Casuarina cunninghamiana shall be issued only as

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part of a pilot program for fresh fruit groves in areas of Indian

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River, St. Lucie, and Martin Counties where citrus canker is

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determined by the department to be widespread. The pilot program

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shall be reevaluated annually and a comprehensive review shall be

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conducted in 2013. The purpose of the annual and 5-year reviews

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is to determine if the use of Casuarina cunninghamiana as an

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agricultural pest and disease windbreak poses any adverse

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environmental consequences. At the end of the 5-year pilot

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program, if the Noxious Weed and Invasive Plant Review Committee,

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created by the department, and the Department of Environmental

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Protection, in consultation with a representative of the citrus

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industry who has a Casuarina cunninghamiana windbreak, determine

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that the potential is low for adverse environmental impacts from

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planting Casuarina cunninghamiana as windbreaks, the department

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may, by rule, allow the use of Casuarina cunninghamiana

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windbreaks for commercial citrus groves in other areas of the

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state. If it is determined at the end of the 5-year pilot program

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that additional time is needed to further evaluate Casuarina

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cunninghamiana, the department will remain the lead agency.

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     (c) Each application for a special permit shall be

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accompanied by a fee in an amount determined by the department,

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by rule, not to exceed $500. A special permit shall be required

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for each noncontiguous commercial citrus grove and shall be

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renewed every 5 years. The property owner is responsible for

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maintaining and producing for inspection the original nursery

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invoice with certification documentation. If ownership of the

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property is transferred, the seller must notify the department

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and provide the buyer with a copy of the special permit and

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copies of all invoices and certification documentation prior to

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the closing of the sale.

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     (d) Each application shall include a baseline survey of all

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lands within 500 feet of the proposed Casuarina cunninghamiana

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windbreak showing the location and identification to species of

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all existing Casuarina spp.

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     (e) Nurseries authorized to produce Casuarina

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cunninghamiana must obtain a special permit from the department

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certifying that the plants have been vegetatively propagated from

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sexually mature male source trees currently grown in the state.

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The importation of Casuarina cunninghamiana from any area outside

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the state to be used as a propagation source tree is prohibited.

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Each male source tree must be registered by the department as

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being a horticulturally true to type male plant and be labeled

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with a source tree registration number. Each nursery application

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for a special permit shall be accompanied by a fee in an amount

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determined by the department, by rule, not to exceed $200.

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Special permits shall be renewed annually. The department shall,

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by rule, set the amount of an annual fee, not to exceed $50, for

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each Casuarina cunninghamiana registered as a source tree.

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Nurseries may only sell Casuarina cunninghamiana to a person with

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a special permit as specified in paragraphs (a) and (b). The

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source tree registration numbers of the parent plants must be

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documented on each invoice or other certification documentation

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provided to the buyer.

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     (f) All Casuarina cunninghamiana must be destroyed by the

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property owner within 6 months after:

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     1. The property owner takes permanent action to no longer

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use the site for commercial citrus production;

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     2. The site has not been used for commercial citrus

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production for a period of 5 years; or

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     3. The department determines that the Casuarina

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cunninghamiana on the site has become invasive. This

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determination shall be based on, but not limited to, the

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recommendation of the Noxious Weed and Invasive Plant Review

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Committee and the Department of Environmental Protection and in

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consultation with a representative of the citrus industry who has

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a Casuarina cunninghamiana windbreak.

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If the owner or person in charge refuses or neglects to comply,

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the director or her or his authorized representative may, under

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authority of the department, proceed to destroy the plants. The

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expense of the destruction shall be assessed, collected, and

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enforced against the owner by the department. If the owner does

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not pay the assessed cost, the department may record a lien

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against the property.

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     (g) The use of Casuarina cunninghamiana for windbreaks

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shall not preclude the department from issuing permits for the

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research or release of biological control agents to control

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Casuarina spp. in accordance with s. 581.083.

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     (h) The use of Casuarina cunninghamiana for windbreaks

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shall not restrict or interfere with any other agency or local

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government effort to manage or control noxious weeds or invasive

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plants, including Casuarina cunninghamiana, nor shall any other

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agency or local government remove any Casuarina cunninghamiana

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planted as a windbreak under special permit issued by the

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department.

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     (i) The department shall develop and implement a

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monitoring protocol to determine invasiveness of Casuarina

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cunninghamiana. The monitoring protocol shall at a minimum,

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require:

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     1. Inspection of the planting site by department

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inspectors within 30 days following initial planting or any

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subsequent planting of Casuarina cunninghamiana to ensure the

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criteria of the special permit have been met.

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     2. Annual site inspections of planting sites and all lands

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within 500 feet of the planted windbreak by department

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inspectors who have been trained to identify Casuarina spp. and

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to make determinations of whether Casuarina cunninghamiana has

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spread beyond the permitted windbreak location.

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     3. Any new seedlings found within 500 feet of the planted

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windbreak to be removed, identified to the species level, and

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evaluated to determine if hybridization has occurred.

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     4. The department to submit an annual report and a final 5-

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year evaluation identifying any adverse effects resulting from

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the planting of Casuarina cunninghamiana for windbreaks and

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documenting all inspections and the results of those inspections

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to the Noxious Weed and Invasive Plant Review Committee, the

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Department of Environmental Protection, and a designated

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representative of the citrus industry who has a Casuarina

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cunninghamiana windbreak.

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     (j) If the department determines that female flowers or

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cones have been produced on any Casuarina cunninghamiana that

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have been planted under a special permit issued by the

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department, the property owner shall be responsible for

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destroying the trees. The department shall notify the property

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owner of the timeframe and method of destruction.

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     (k) If at any time the department determines that

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hybridization has occurred during the pilot program between

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Casuarina cunninghamiana planted as a windbreak and other

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Casuarina spp., the department shall expeditiously initiate

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research to determine the invasiveness of the hybrid. The

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information obtained from this research shall be evaluated by the

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Noxious Weed and Invasive Plant Review Committee, the Department

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of Environmental Protection, and a designated representative of

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the citrus industry who has a Casuarina cunninghamiana windbreak.

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If the department determines that the hybrids have a high

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potential to become invasive, based on, but not limited to, the

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recommendation of the Noxious Weed and Invasive Plant Review

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Committee, the Department of Environmental Protection, and a

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designated representative of the citrus industry who has a

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Casuarina cunninghamiana windbreak, this pilot program shall be

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permanently suspended.

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     (l) Each application for a special permit must be

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accompanied by a fee as described in paragraph (c) and an

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agreement that the property owner will abide by all permit

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conditions including the removal of Casuarina cunninghamiana if

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invasive populations or other adverse environmental factors are

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determined to be present by the department as a result of the

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use of Casuarina cunninghamiana as windbreaks. The application

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must include, on a form provided by the department, the name of

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the applicant and the applicant's address or the address of the

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applicant's principal place of business; a statement of the

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estimated cost of removing and destroying the Casuarina

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cunninghamiana that is the subject of the special permit; and

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the basis for calculating or determining that estimate. If the

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applicant is a corporation, partnership, or other business

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entity, the applicant must also provide in the application the

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name and address of each officer, partner, or managing agent.

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The applicant shall notify the department within 30 business

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days of any change of address or change in the principal place

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of business. The department shall mail all notices to the

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applicant's last known address.

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     1. Upon obtaining a permit, the permitholder must annually

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maintain the Casuarina cunninghamiana authorized by a special

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permit as required in the permit. If the permitholder ceases to

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maintain the Casuarina cunninghamiana as required by the special

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permit, if the permit expires, or if the permitholder ceases to

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abide by the conditions of the special permit, the permitholder

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shall remove and destroy the Casuarina cunninghamiana in a

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timely manner as specified in the permit.

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     2. If the department:

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     a. Determines that the permitholder is no longer

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maintaining the Casuarina cunninghamiana subject to the special

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permit and has not removed and destroyed the Casuarina

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cunninghamiana authorized by the special permit;

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     b. Determines that the continued use of Casuarina

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cunninghamiana as windbreaks presents an imminent danger to

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public health, safety, or welfare; or

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     c. Determines that the permitholder has exceeded the

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conditions of the authorized special permit;

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The department may issue an immediate final order, which shall

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be immediately appealable or enjoinable as provided by chapter

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120, directing the permitholder to immediately remove and

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destroy the Casuarina cunninghamiana authorized to be planted

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under the special permit. A copy of the immediate final order

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shall be mailed to the permitholder.

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     3. If, upon issuance by the department of an immediate

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final order to the permitholder, the permitholder fails to

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remove and destroy the Casuarina cunninghamiana subject to the

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special permit within 60 days after issuance of the order, or

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such shorter period as is designated in the order as public

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health, safety, or welfare requires, the department may remove

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and destroy the Casuarina cunninghamiana that are the subject of

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the special permit. If the permitholder makes a written request

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to the department for an extension of time to remove and destroy

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the Casuarina cunninghamiana that demonstrates specific facts

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showing why the Casuarina cunninghamiana could not reasonably be

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removed and destroyed in the applicable timeframe, the

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department may extend the time for removing and destroying

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Casuarina cunninghamiana subject to a special permit. The

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reasonable costs and expenses incurred by the department for

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removing and destroying Casuarina cunninghamiana subject to a

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special permit shall be paid out of the Citrus Inspection Trust

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Fund and shall be reimbursed by the party to which the immediate

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final order is issued. If the party to which the immediate final

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order has been issued fails to reimburse the state within 60

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days, the department may record a lien on the property. The lien

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shall be enforced by the department.

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     4. In order to carry out the purposes of this paragraph,

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the department or its agents may require a permitholder to

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provide verified statements of the planted acreage subject to the

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special permit and may review the permitholder's business or

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planting records at her or his place of business during normal

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business hours in order to determine the acreage planted. The

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failure of a permitholder to furnish such statement or to make

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such records available is cause for suspension of the special

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permit. If the department finds such failure to be willful, the

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special permit may be revoked.

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     Section 2.  This act shall take effect July 1, 2008.