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A bill to be entitled

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An act relating to pest control; creating s. 570.345,

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F.S., the Pest Control Compact; providing for enactment of

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the compact; requiring the Commissioner of Agriculture to

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administer the compact; requiring that an application for

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assistance under the compact be made by the commissioner;

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providing findings with respect to the need for all states

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to cooperate in pest-eradication and control programs;

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providing definitions; providing for the establishment of

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the Pest Control Insurance Fund for the purpose of

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financing pest-control operations under the compact;

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providing for the Pest Control Insurance Fund to be

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administered by a Governing Board and Executive Committee;

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providing for the internal operations and management of

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the Governing Board; requiring an annual report to the

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Governor and Legislature of each state that is a party to

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the compact; providing for the administration of the Pest

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Control Insurance Fund; providing procedures for applying

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for an expenditure from the fund; providing for a

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determination with respect to expenditures from the fund

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and for the review thereof; authorizing the Governing

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Board to establish advisory and technical committees;

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providing for an application for assistance from the fund

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on behalf of a nonparty state; providing requirements for

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the fund with respect to preparing budgets and maintaining

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financial assets; prohibiting a pledge of the assets of a

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state that is a party to the compact; providing for the

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compact to enter into force upon its enactment by five or

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more states; providing a procedure for a state to withdraw

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from the compact; providing for construction and

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severability; 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.  Section 570.345, Florida Statutes, is created to

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read:

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     570.345 Pest Control Compact.--

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     (1) ENACTMENT OF COMPACT.--The Pest Control Compact is

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enacted into law and entered into with all other jurisdictions

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legally joining therein in the form substantially as provided in

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this section.

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     (a) Consistent with law and within available

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appropriations, the departments, agencies, and officers of this

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state may cooperate with the Insurance Fund established by the

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Pest Control Compact.

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     (b) Pursuant to paragraph (5)(h), copies of bylaws and

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amendments thereto shall be filed with the Commissioner of

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Agriculture.

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     (c) The compact administrator for this state shall be the

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Commissioner of Agriculture.

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     (d) Within the meaning of paragraph (7)(b) or paragraph

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(9)(a), a request or application for assistance from the

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Insurance Fund may be made by the Commissioner of Agriculture.

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     (e) The department, agency, or officer expending or

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becoming liable for an expenditure on account of a control or

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eradication program undertaken or intensified pursuant to the

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compact shall have credited to the appropriate account in the

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state treasury the amount or amounts of any payments made to this

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state to defray the cost of such program, or any part thereof, or

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as reimbursement thereof.

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     (f) As used in this compact, with reference to this state,

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the term "executive head" means the Governor.

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     (2) FINDINGS.--

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     (a) In the absence of the higher degree of cooperation

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possible under this compact, the annual loss of approximately

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$137 billion from the depredations of pests is virtually certain

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to continue, if not to increase.

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     (b) Because of the varying climatic, geographic, and

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economic factors, each state may be affected differently by

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particular species of pests; but all states share the inability

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to protect themselves fully against pests that present serious

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dangers to them.

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     (c) The migratory character of pest infestations makes it

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necessary for states both adjacent to and distant from one

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another to complement each other's activities when faced with

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conditions of infestation and reinfestation.

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     (d) While every state is seriously affected by a

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substantial number of pests, and every state is susceptible to

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infestation by many species of pests not now causing damage to

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its crops and plant life and products, the fact that relatively

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few species of pests present equal danger to or are of interest

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to all states makes the establishment and operation of an

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Insurance Fund, from which individual states may obtain financial

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support for pest-control programs of benefit to them in other

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states and to which they may contribute in accordance with their

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relative interest, the most equitable means of financing

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cooperative pest-eradication and control programs.

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     (3) DEFINITIONS.--As used in this compact, the term:

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     (a) "State" means a state, territory, or possession of the

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United States, the District of Columbia, or the Commonwealth of

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Puerto Rico.

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     (b) "Requesting state" means a state that invokes the

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procedures of the compact to secure the undertaking or

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intensification of measures to control or eradicate one or more

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pests within one or more other states.

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     (c) "Responding state" means a state that is requested to

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undertake or intensify the measures referred to in paragraph (b).

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     (d) "Pest" means any invertebrate animal, pathogen,

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parasitic plant, or similar or allied organism that can cause

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disease or damage in any crops, trees, shrubs, grasses, or other

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plants of substantial value.

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     (e) "Insurance Fund" means the Pest Control Insurance Fund

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established pursuant to this compact.

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     (f) "Governing Board" means the administrators of this

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compact representing all of the party states when such

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administrators are acting as a body in pursuance of authority

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vested in them by this compact.

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     (g) "Executive Committee" means the committee established

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pursuant to paragraph (6)(e).

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     (4) INSURANCE FUND.--There is established a Pest Control

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Insurance Fund for the purpose of financing other than normal

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pest-control operations that states may be called upon to engage

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in pursuant to this compact. The Insurance Fund shall contain

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moneys appropriated to it by the party states and any donations

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and grants accepted by it. All appropriations, except as

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conditioned by the rights and obligations of party states

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expressly set forth in this compact, shall be unconditional and

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may not be restricted by the appropriating state to use in the

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control of any specified pest or pests. Donations and grants may

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be conditional or unconditional, except that the Insurance Fund

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may not accept any donation or grant whose terms are inconsistent

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with any provision of this compact.

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     (5) PEST CONTROL INSURANCE FUND; INTERNAL OPERATIONS AND

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MANAGEMENT.--

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     (a) The Insurance Fund shall be administered by a Governing

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Board and Executive Committee as hereinafter provided. The

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actions of the Governing Board and the Executive Committee

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pursuant to this compact shall be deemed the actions of the

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Insurance Fund.

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     (b) The members of the Governing Board are entitled to one

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vote on the board. Action by the Governing Board is not binding

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unless taken at a meeting at which a majority of the total number

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of votes on the Governing Board is cast in favor thereof. Action

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of the Governing Board shall be taken only at a meeting at which

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a majority of the members are present.

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     (c) The Insurance Fund shall have a seal that may be

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employed as an official symbol and that may be affixed to

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documents and otherwise used as the Governing Board may provide.

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     (d) The Governing Board shall elect annually, from among

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its members, a chairperson, a vice chairperson, a secretary, and

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a treasurer. The chairperson may not succeed himself or herself.

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The Governing Board may appoint an executive director and fix his

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or her duties and compensation, if any. Such executive director

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shall serve at the pleasure of the Governing Board. The Governing

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Board shall make provision for the bonding of such of the

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officers and employees of the Insurance Fund as may be

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appropriate.

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     (e) Irrespective of the civil service, personnel, or other

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merit system laws of any of the party states, the executive

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director or, if there is no executive director, the chairperson,

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in accordance with such procedures as the bylaws may provide,

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shall appoint, remove, or discharge such personnel as may be

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necessary for the performance of the functions of the Insurance

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Fund and shall fix the duties and compensation of such personnel.

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The Governing Board in its bylaws shall provide for the personnel

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policies and programs of the Insurance Fund.

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     (f) The Insurance Fund may borrow, accept, or contract for

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the services of personnel from any state, the United States, or

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any other governmental agency, or from any person, firm,

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association, or corporation.

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     (g) The Insurance Fund may accept for any of its purposes

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and functions under this compact any and all donations and grants

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of money, equipment, supplies, materials, and services,

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conditional or otherwise, from any state, the United States, or

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any other governmental agency, or from any person, firm,

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association, or corporation, and may receive, use, and dispose of

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the same. Any donation, gift, or grant accepted by the Governing

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Board pursuant to this paragraph or services borrowed pursuant to

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paragraph (f) shall be reported in the annual report of the

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Insurance Fund. Such report must include the nature, amount, and

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conditions, if any, of the donation, gift, grant, or services

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borrowed and the identity of the donor or lender.

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     (h) The Governing Board shall adopt bylaws for the conduct

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of the business of the Insurance Fund and shall have the power to

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amend and to rescind these bylaws. The Insurance Fund shall

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publish its bylaws in a convenient form and shall file a copy

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thereof and a copy of any amendment thereto with the appropriate

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agency or officer in each of the party states.

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     (i) The Insurance Fund shall make an annual report to the

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Governor and Legislature of each party state which covers its

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activities for the preceding year. The Insurance Fund may make

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such additional reports as it may deem desirable.

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     (j) In addition to the powers and duties specifically

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authorized and imposed, the Insurance Fund may do such other

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things as are necessary and incidental to the conduct of its

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affairs pursuant to this compact.

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     (6) COMPACT AND INSURANCE FUND ADMINISTRATION.--

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     (a) In each party state there shall be a compact

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administrator who shall be selected and serve in such manner as

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the laws of his or her state may provide, who shall assist in the

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coordination of activities pursuant to the compact in his or her

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state, and who shall represent his or her state on the Governing

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Board of the Insurance Fund.

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     (b) If the laws of the United States specifically so

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provide, or if administrative provision is made therefore within

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the Federal Government, the United States may be represented on

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the Governing Board of the Insurance Fund by not more than three

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representatives. Any such representative or representatives of

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the United States shall be appointed and serve in such manner as

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may be provided by or pursuant to federal law, but no such

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representative shall have a vote on the Governing Board or the

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Executive Committee thereof.

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     (c) The Governing Board shall meet at least once each year

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for the purpose of determining policies and procedures in the

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administration of the Insurance Fund and, consistent with the

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provisions of the compact, supervising and giving direction to

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the expenditure of moneys from the Insurance Fund. Additional

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meetings of the Governing Board shall be held at the call of the

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chairperson, the Executive Committee, or a majority of the

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membership of the Governing Board.

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     (d) At such times as it may be meeting, the Governing Board

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shall pass upon applications for assistance from the Insurance

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Fund and authorize disbursements therefrom. When the Governing

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Board is not in session, the Executive Committee thereof shall

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act as agent of the Governing Board, and has full authority to

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act for it in passing upon such applications.

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     (e) The Executive Committee shall be composed of the

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chairperson of the Governing Board and four additional members of

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the Governing Board chosen by it so that there shall be one

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member representing each of four geographic groupings of party

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states. The Governing Board shall make such geographic groupings.

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If there is representation of the United States on the Governing

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Board, one such representative may meet with the Executive

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Committee. The chairman of the Governing Board shall be the

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chairperson of the Executive Committee. No action of the

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Executive Committee shall be binding unless taken at a meeting at

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which at least four members of such committee are present and

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vote in favor thereof. Necessary expenses of each of the five

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members of the Executive Committee incurred in attending meetings

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of such committee, when not held at the same time and place as a

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meeting of the Governing Board, shall be charged against the

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Insurance Fund.

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     (7) ASSISTANCE AND REIMBURSEMENT.--

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     (a) Each party state pledges to each other party state that

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it will employ its best efforts to eradicate, or control within

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the strictest practicable limits, any and all pests. It is

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recognized that performance of this responsibility involves:

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     1. The maintenance of pest-control and eradication

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activities of interstate significance by a party state at a level

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that would be reasonable for its own protection in the absence of

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this compact.

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     2. The meeting of emergency outbreaks or infestations of

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interstate significance to no less an extent than would have been

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done in the absence of this compact.

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     (b) Whenever a party state is threatened by a pest not

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present within its borders but present within another party

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state, or whenever a party state is undertaking or engaged in

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activities for the control or eradication of a pest or pests and

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finds that such activities are or would be impracticable or

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substantially more difficult by reason of failure of another

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party state to cope with infestation or threatened infestation,

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that state may request the Governing Board to authorize

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expenditures from the Insurance Fund for eradication or control

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measures to be taken by one or more of such other party states at

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a level sufficient to prevent, or to reduce to the greatest

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practicable extent, infestation or reinfestation of the

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requesting state. Upon such authorization, the responding state

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or states shall take or increase such eradication or control

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measures as may be warranted. A responding state shall use moneys

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available from the Insurance Fund expeditiously and efficiently

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to assist in affording the protection requested.

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     (c) In order to apply for expenditures from the Insurance

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Fund, a requesting state shall submit the following in writing:

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     1. A detailed statement of the circumstances that occasion

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the request for invoking the compact.

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     2. Evidence that the pest for which eradication or control

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assistance is requested constitutes a danger to an agricultural

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or forest crop, product, tree, shrub, grass, or other plant

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having a substantial value to the requesting state.

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     3. A statement of the extent of the present and projected

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program of the requesting state and its subdivisions, including

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full information as to the legal authority for the conduct of

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such program or programs and the expenditures being made, or

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budgeted therefore, in connection with the eradication, control,

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or prevention of introduction of the pest concerned.

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     4. Proof that the expenditures being made or budgeted as

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detailed in subparagraph 3. do not constitute a reduction of the

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effort for the control or eradication of the pest concerned or,

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if there is a reduction, the reasons why the level of program

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detailed in subparagraph 3. constitutes a normal level of pest-

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control activity.

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     5. A declaration as to whether, to the best of the

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requesting state's knowledge and belief, the conditions that

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occasion the invoking of the compact in the particular instance

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can be abated by a program undertaken with the aid of moneys from

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the Insurance Fund within 1 year or less, or whether the request

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is for an installment in a program that is likely to continue for

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a longer period of time.

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     6. Such other information as the Governing Board may

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require consistent with the provisions of this compact.

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     (d) The Governing Board or Executive Committee shall give

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due notice of any meeting at which an application for assistance

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from the Insurance Fund is to be considered. Such notice shall be

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given to the compact administrator of each party state and to

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such other officers and agencies as may be designated by the laws

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of the party states. The requesting state and any other party

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state is entitled to be represented and present evidence and

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argument at such meeting.

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     (e) Upon the submission of the information required by

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paragraph (c) and such other information as the requesting state

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may have or acquire, and upon determining that an expenditure of

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funds is within the purposes of this compact and justified

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thereby, the Governing Board or Executive Committee shall

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authorize support of the program. The Governing Board or

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Executive Committee may meet at any time or place for the purpose

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of receiving and considering an application. Any and all

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determinations of the Governing Board or Executive Committee,

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with respect to an application, together with the reasons

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therefore shall be recorded and subscribed in such manner as to

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show and preserve the votes of the individual members thereof.

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     (f) A requesting state that is dissatisfied with a

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determination of the Executive Committee shall, upon notice in

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writing given within 20 days after the determination with which

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it is dissatisfied, be entitled to receive a review thereof at

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the next meeting of the Governing Board. Determinations of the

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Executive Committee shall be reviewable only by the Governing

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Board at one of its regular meetings or at a special meeting held

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in such manner as the Governing Board may authorize.

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     (g) Responding states required to undertake or increase

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measures pursuant to this compact may receive moneys from the

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Insurance Fund either at the time or times when such state incurs

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expenditures on account of such measures or as reimbursement for

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expenses incurred and chargeable to the Insurance Fund. The

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Governing Board shall adopt, and from time to time may amend or

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revise, procedures for submission of claims upon it and for

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payment thereof.

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     (h) Before authorizing the expenditure of moneys from the

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Insurance Fund pursuant to an application of a requesting state,

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the Insurance Fund shall ascertain the extent and nature of any

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timely assistance or participation that may be available from the

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Federal Government and shall request the appropriate agency or

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agencies of the Federal Government for such assistance and

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participation.

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     (i) The Insurance Fund may negotiate and execute a

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memorandum of understanding or other appropriate instrument

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defining the extent and degree of assistance or participation

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between and among the Insurance Fund, cooperating federal

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agencies, states, and any other entities concerned.

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     (8) ADVISORY AND TECHNICAL COMMITTEES.--The Governing Board

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may establish advisory and technical committees composed of

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state, local, and federal officials and private persons to advise

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it with respect to any one or more of its functions. Any such

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advisory or technical committee, or any member or members

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thereof, may meet with and participate in its deliberations upon

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request of the Governing Board or Executive Committee. An

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advisory or technical committee may furnish information and

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recommendations with respect to any application for assistance

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from the Insurance Fund being considered by the board or

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committee and the board or committee may receive and consider the

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same; except that any participant in a meeting of the Governing

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Board or Executive Committee held pursuant to paragraph (7)(d) is

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entitled to know the substance of any such information and

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recommendations at the time of the meeting if made prior thereto

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or as a part thereof or, if made thereafter, no later than the

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time at which the Governing Board or Executive Committee makes

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its disposition of the application.

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     (9) RELATIONS AND NONPARTY JURISDICTION.--

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     (a) A party state may make application for assistance from

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the Insurance Fund with respect to a pest in a nonparty state.

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Such application shall be considered and disposed of by the

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Governing Board or Executive Committee in the same manner as an

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application with respect to a pest within a party state, except

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as provided in this subsection.

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     (b) At or in connection with any meeting of the Governing

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Board or Executive Committee held pursuant to paragraph (7)(d), a

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nonparty state is entitled to appear, participate, and receive

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information only to such extent as the Governing Board or

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Executive Committee may provide. A nonparty state is not entitled

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to review of any determination made by the Executive Committee.

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     (c) The Governing Board or Executive Committee shall

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authorize expenditures from the Insurance Fund to be made in a

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nonparty state only after determining that the conditions in such

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state and the value of such expenditures to the party states as a

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whole justify them. The Governing Board or Executive Committee

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may set any conditions that it deems appropriate with respect to

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the expenditure of moneys from the Insurance Fund in a nonparty

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state and may enter into such agreement or agreements with

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nonparty states and other jurisdictions or entities as it may

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deem necessary or appropriate to protect the interests of the

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Insurance Fund with respect to expenditures and activities

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outside of party states.

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     (10) FINANCE.--

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     (a) The Insurance Fund shall submit to the executive head

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or designated officer or officers of each party state a budget

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for the Insurance Fund for such period as may be required by the

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laws of that party state for a presentation to the Legislature

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thereof.

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     (b) Each of the budgets shall contain specific

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recommendations of the amount or amounts to be appropriated by

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each of the party states. The request for appropriations shall be

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apportioned among the party states as follows: one-tenth of the

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total budget in equal shares and the remainder in proportion to

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the value of agricultural and forest crops and products,

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excluding animals and animal products, produced in each party

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state. In determining the value of such crops and products, the

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Insurance Fund may employ such source or sources of information

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as in its judgment present the most equitable and accurate

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comparisons among the party states. Each of the budgets and

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requests for appropriations shall indicate the source or sources

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used in obtaining information concerning the value of products.

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     (c) The financial assets of the Insurance Fund shall be

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maintained in two accounts to be designated respectively as the

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"Operating Account" and the "Claims Account." The Operating

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Account shall consist only of those assets necessary for the

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administration of the Insurance Fund during the next ensuing 2-

406

year period. The Claims Account shall contain all moneys not

407

included in the Operating Account and may not exceed the amount

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reasonably estimated to be sufficient to pay all legitimate

409

claims against the Insurance Fund for a period of 3 years. At any

410

time when the Claims Account has reached its maximum limit or

411

would reach its maximum limit by the addition of moneys requested

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for appropriation by the party states, the Governing Board shall

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reduce its budget requests on a pro rata basis in such manner as

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to keep the Claims Account within such maximum limit. Any moneys

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in the Claims Account by virtue of conditional donations, grants,

416

or gifts shall be included in calculations made pursuant to this

417

paragraph only to the extent that such moneys are available to

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meet demands arising out of the claims.

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     (d) The Insurance Fund shall not pledge the credit of any

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party state. The Insurance Fund may meet any of its obligations

421

in whole or in part with moneys available to it under paragraph

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(5)(g), provided that the Governing Board takes specific action

423

setting aside such moneys prior to incurring any obligation to be

424

met in whole or in part in such manner. Except where the

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Insurance Fund makes use of moneys available to it under

426

paragraph (5)(g), the Insurance Fund shall not incur any

427

obligation prior to the allotment of moneys by the party states

428

adequate to meet the same.

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     (e) The Insurance Fund shall keep accurate accounts of all

430

receipts and disbursements. The receipts and disbursements of the

431

Insurance Fund shall be subject to the audit and accounting

432

procedures established under its bylaws. However, all receipts

433

and disbursements of funds handled by the Insurance Fund shall be

434

audited yearly by a certified or licensed public accountant and a

435

report of the audit shall be included in and become part of the

436

annual report of the Insurance Fund.

437

     (f) The accounts of the Insurance Fund shall be open at any

438

reasonable time for inspection by duly authorized officers of the

439

party states and by any persons authorized by the Insurance Fund.

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     (11) ENTRY INTO FORCE AND WITHDRAWAL.--

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     (a) This compact shall enter into force when enacted into

442

law by any five or more states. Thereafter, this compact shall

443

become effective as to any other state upon its enactment

444

thereof.

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     (b) Any party state may withdraw from this compact by

446

enacting a statute repealing the same, but no such withdrawal

447

shall take effect until 2 years after the executive head of the

448

withdrawing state has given notice in writing of the withdrawal

449

to the executive heads of all other party states. No withdrawal

450

shall affect any liability already incurred by or chargeable to a

451

party state prior to the time of such withdrawal.

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     (12) CONSTRUCTION AND SEVERABILITY.--This compact shall be

453

liberally construed so as to effectuate the purposes thereof. The

454

provisions of this compact are severable and if any phrase,

455

clause, sentence, or provision of this compact is declared to be

456

contrary to the constitution of any state or of the United States

457

or the applicability thereof to any government, agency, person,

458

or circumstance is held invalid, the validity of the remainder of

459

this compact and the applicability thereof to any government,

460

agency, person, or circumstance shall not be affected thereby. If

461

this compact is held contrary to the constitution of any state

462

participating herein, the compact shall remain in full force and

463

effect as to the remaining party states and in full force and

464

effect as to the state affected as to all severable matters.

465

     Section 2.  This act shall take effect upon becoming a law.