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A bill to be entitled

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An act relating to the protection of commercial citrus

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groves; amending s. 581.091, F.S.; providing conditions

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for use of Casuarina cunninghamiana as a windbreak for

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commercial citrus groves; providing for permitting and

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permit fees; providing for destruction of Casuarina

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cunninghamiana; providing that use as a windbreak does not

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preclude research or release of agents to control

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Casuarina sp.; providing that the use of Casuarina

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cunninghamiana for windbreaks does not interfere with or

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restrict efforts to manage or control noxious weeds or

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invasive plants; prohibiting any other agency or local

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government from removing Casuarina cunninghamiana planted

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as a windbreak under special permit; providing an

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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; use as windbreak for

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commercial citrus grove.--

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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 from

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certified male plants. A commercial citrus grove is defined as a

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contiguous planting of forty or more citrus trees where citrus

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fruit is produced for sale.

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     (b) Special permits authorizing a person to plant Casuarina

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cunninghamiana may only be issued as part of a program to create

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a windbreak for the purpose of controlling citrus canker in

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commercial citrus groves. Each application for a special permit

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shall be accompanied by a fee in an amount determined by the

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department, through its rulemaking authority, not to exceed $500.

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A special permit shall be required for each commercial citrus

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grove and shall be renewed every 5 years. The property owner is

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responsible for maintaining and producing for inspection the

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original nursery invoice with certification documentation. If

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ownership of the property is transferred, the seller must notify

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

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permit and copies of all invoices and certification documentation

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prior to the closing of the sale.

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     (c) 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 are from sexually mature male source

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trees. Each male source tree must be registered by the department

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as 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, through its rulemaking authority,

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not to exceed $200. Special permits shall be renewed annually.

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There shall be an annual fee as determined by the department,

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through its rulemaking authority, not to exceed $50 for each

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Casuarina cunninghamiana registered as a source tree. Nurseries

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may only sell Casuarina cunninghamiana to a person with a special

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

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registration numbers of the parent plants must be documented on

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each invoice or other certification documentation provided to the

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buyer.

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     (d) All Casuarina cunninghamiana must be destroyed by the

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property owner once the site is no longer used for commercial

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citrus production or if the department determines that the

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Casuarina cunninghamiana on the site has become invasive. The

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department shall make such determination based on the

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recommendation of the Noxious Weed and Invasive Plant Review

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Committee in consultation with a representative of the citrus

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industry who has a Casuarina cunninghamiana windbreak.

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Destruction of all Casuarina cunninghamiana used in the windbreak

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must be completed within 6 months after the final harvest of

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fruit for commercial sale. If the owner or person in charge

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refuses or neglects to comply, the director of the Division of

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Plant Industry 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 is authorized to record

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a lien against the property.

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     (e) 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 sp. in accordance with provisions in s. 581.083. The

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department may not consider potential adverse impacts to

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Casuarina cunninghamiana windbreaks when determining whether to

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approve or deny permits for the research or release of any

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biological control agent.

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     (f) 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 efforts 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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     Section 2.  This act shall take effect July 1, 2008.