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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 for use of

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Casuarina cunninghamiana as a windbreak for commercial

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citrus groves under a 5-year pilot project conducted

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within specified counties; defining the term "commercial

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citrus grove"; providing for the Department of Agriculture

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and Consumer Services to issue permits authorizing a

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person to plant or a nursery to produce Casuarina

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cunninghamiana; providing for permit fees; specifying

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conditions under which authorized Casuarina cunninghamiana

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must be destroyed; providing that use as a windbreak does

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not preclude research or the release of agents to control

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Casuarina spp.; 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 a special permit; requiring the

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removal of Casuarina cunninghamiana pursuant to a final

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order of the department under certain conditions;

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requiring that the permitholder pay the costs of removal;

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providing for a lien against the property of a

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permitholder for failure to pay such costs; 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.--

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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 if 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. As used in this

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subsection, the term "commercial citrus grove" means a contiguous

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planting of 100 or more citrus trees where citrus fruit is

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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

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

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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, determines

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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 windbreaks

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for commercial citrus groves in other areas of the state. If it

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is determined at the end of the 5-year pilot program that

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additional time is needed to further evaluate Casuarina

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cunninghamiana, the department shall 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 by

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

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each noncontiguous commercial citrus grove and shall be renewed

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every 5 years. The property owner is responsible for maintaining

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and producing for inspection the original nursery invoice with

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certification documentation. If ownership of the property is

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transferred, the seller must notify the department and provide to

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the buyer a copy of the special permit and copies of all invoices

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and certification documentation before 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. Special

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permits shall be renewed annually. The department shall set the

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amount of an annual fee by rule, which may not exceed $50, for

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each Casuarina cunninghamiana registered as a source tree.

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Nurseries may sell Casuarina cunninghamiana only to a person who

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has 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. The department's

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determination shall be based on, but need 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, 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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with this paragraph, the director or his or her authorized

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representative may, under authority of the department, proceed to

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destroy the plants. The expense of the destruction shall be

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assessed, collected, and enforced against the owner by the

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department. If the owner does not pay the assessed cost, the

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department may record a lien against the property.

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     (g) The use of Casuarina cunninghamiana for windbreaks does

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not preclude the department from issuing permits for the research

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or release of biological control agents to control Casuarina spp.

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in accordance with s. 581.083.

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     (h) The use of Casuarina cunninghamiana for windbreaks may

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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, and another agency

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or local government may not remove any Casuarina cunninghamiana

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planted as a windbreak under a 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 the 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. The removal of any new seedlings found within 500 feet

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of the planted windbreak, which shall be identified to the

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species level and evaluated to determine if hybridization has

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occurred.

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

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5-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 destroy the trees. The

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department shall notify the property owner of the timeframe and

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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

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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. If the department determines that the

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hybrids have a high potential to become invasive based on, but

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not limited to, the recommendation of the Noxious Weed and

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Invasive Plant Review Committee, the Department of Environmental

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Protection, and a designated representative of the citrus

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industry who has a Casuarina cunninghamiana windbreak, this

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pilot program shall be 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,

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if invasive populations or other adverse environmental factors

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

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the use of Casuarina cunninghamiana as a windbreak. The

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application must include, on a form provided by the department,

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the name of the applicant, the applicant's address or the

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address of the applicant's principal place of business, a

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statement of the estimated cost of removing and destroying the

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Casuarina cunninghamiana that is the subject of the special

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permit, and the basis for calculating or determining that

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estimate. If the applicant is a corporation, partnership, or

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other business entity, the applicant must also provide in the

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application the name and address of each officer, partner, or

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managing agent. The applicant shall notify the department within

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30 business days after any change of address or change in the

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principal place of business. The department shall mail all

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notices to the 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 determines that:

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     a. The permitholder is no longer maintaining the Casuarina

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cunninghamiana subject to the special permit and has not removed

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and destroyed the Casuarina cunninghamiana authorized by the

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special permit;

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     b. The continued use of Casuarina cunninghamiana as

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windbreaks presents an imminent danger to public health, safety,

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or welfare; or

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     c. The permitholder has exceeded the conditions of the

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authorized special permit,

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the department may issue an immediate final order, which shall

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be immediately appealed or enjoined as provided by chapter 120,

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directing the permitholder to immediately remove and destroy the

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Casuarina cunninghamiana authorized to be planted under the

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special permit. A copy of the immediate final order shall be

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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 authorized by

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

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or a shorter period as public health, safety, or welfare

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requires, the department may remove and destroy the Casuarina

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cunninghamiana authorized by the special permit. If the

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permitholder makes a written request to the department for an

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extension of time to remove and destroy the Casuarina

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cunninghamiana which demonstrates specific facts showing why the

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Casuarina cunninghamiana could not be reasonably removed and

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destroyed in the applicable timeframe, the department may extend

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the time for removing and destroying the Casuarina

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cunninghamiana. The reasonable costs and expenses incurred by

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the department for removing and destroying Casuarina

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cunninghamiana shall be paid out of the Citrus Inspection Trust

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

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final order is issued. If the party to whom 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 under state law by the department.

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

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the department or its agents may require from any permitholder

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verified statements of the planted acreage that is subject to

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the special permit and may review the permitholder's business or

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planting records at his or her 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.