HB 255

1	A bill to be entitled
2	An act relating to pest control; creating s. 570.345,
3	F.S.; enacting the Pest Control Compact; requiring the
4	Commissioner of Agriculture to administer the compact;
5	requiring that an application for assistance under the
6	compact be made by the commissioner; providing findings;
7	providing definitions; providing for the establishment of
8	the Pest Control Insurance Fund to finance pest-control
9	operations under the compact; providing for the fund to be
10	administered by a governing board and executive committee;
11	providing for the internal operations and management of
12	the governing board; requiring an annual report to the
13	governor and legislature of each state participating in
14	the compact; providing for the administration of the fund;
15	providing procedures to apply for expenditures from the
16	fund; providing for a determination regarding expenditures
17	from the fund and for review of such expenditures;
18	authorizing the governing board to establish advisory and
19	technical committees; providing for an application for
20	assistance from the fund on behalf of a nonparty state;
21	providing requirements for the fund regarding budgets and
22	maintaining financial assets; prohibiting a pledge of the
23	assets of a state that is a party to the compact;
24	providing for the compact to enter into force upon its
25	enactment by five or more states; providing a procedure
26	for a state to withdraw from the compact; providing for
27	construction and severability; providing an effective
28	date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 570.345, Florida Statutes, is created
33	to read:
34	570.345  Pest Control Compact.--
35	(1)  ENACTMENT OF COMPACT.--The Pest Control Compact is
36	enacted into law and entered into with all other jurisdictions
37	legally joining therein in the form substantially as provided in
38	this section.
39	(a)  Consistent with law and within available
40	appropriations, the departments, agencies, and officers of this
41	state may cooperate with the insurance fund established by the
42	compact.
43	(b)  Pursuant to paragraph (5)(h), copies of bylaws and
44	amendments shall be filed with the Commissioner of Agriculture.
45	(c)  The compact administrator for this state shall be the
46	Commissioner of Agriculture.
47	(d)  Within the meaning of paragraph (7)(b) or paragraph
48	(9)(a), a request or application for assistance from the
49	insurance fund may be made by the Commissioner of Agriculture.
50	(e)  The department, agency, or officer expending or
51	becoming liable for an expenditure on account of a control or
52	eradication program undertaken or intensified pursuant to the
53	compact shall have credited to the appropriate account in the
54	State Treasury the amount of any payments made to this state to
55	defray the cost of such program or as reimbursement.
56	(f)  As used in this compact, with reference to this state,
57	the term "executive head" means the Governor.
58	(2)  FINDINGS.--
59	(a)  In the absence of the higher degree of cooperation
60	possible under this compact, the annual loss of approximately
61	$137 billion from the depredations of pests is virtually certain
62	to continue, if not to increase.
63	(b)  Because of the varying climatic, geographic, and
64	economic factors, each state may be affected differently by
65	particular species of pests. However, all states share the
66	inability to protect themselves fully against pests that present
67	serious dangers.
68	(c)  The migratory character of pest infestations makes it
69	necessary for states adjacent to and distant from one another to
70	complement each other's activities when faced with conditions of
71	infestation and reinfestation.
72	(d)  Although every state is seriously affected by a
73	substantial number of pests, and each state is susceptible to
74	infestation by many species of pests not now causing damage to
75	its crops and plant life and products, the fact that relatively
76	few species of pests present equal danger to or are of interest
77	to all states makes the establishment and operation of an
78	insurance fund, from which individual states may obtain
79	financial support for pest-control programs of benefit to them
80	in other states and to which they may contribute in accordance
81	with their relative interest, the most equitable means of
82	financing cooperative pest-eradication and control programs.
83	(3)  DEFINITIONS.--As used in this compact, the term:
84	(a)  "State" means a state, territory, or possession of the
85	United States, the District of Columbia, or the Commonwealth of
86	Puerto Rico.
87	(b)  "Requesting state" means a state that invokes the
88	procedures of the compact to secure the undertaking or
89	intensification of measures to control or eradicate pests within
90	one or more other states.
91	(c)  "Responding state" means a state that is requested to
92	undertake or intensify the measures referred to in paragraph
93	(b).
94	(d)  "Pest" means any invertebrate animal, pathogen,
95	parasitic plant, or similar or allied organism that can cause
96	disease or damage in any crops, trees, shrubs, grasses, or other
97	plants of substantial value.
98	(e)  "Insurance fund" means the Pest Control Insurance Fund
99	established pursuant to this compact.
100	(f)  "Governing board" means the administrators of this
101	compact representing the party states when the administrators
102	are acting as a body in pursuance of authority vested in them by
103	this compact.
104	(g)  "Executive committee" means the committee established
105	pursuant to paragraph (6)(e).
106	(4)  INSURANCE FUND.--There is established the Pest Control
107	Insurance Fund to finance other than normal pest-control
108	operations that states may be required to engage in pursuant to
109	this compact. The insurance fund shall contain moneys
110	appropriated to it by the party states and any donations and
111	grants accepted by it. All appropriations, except as conditioned
112	by the rights and obligations of party states set forth in this
113	compact, shall be unconditional and may not be restricted by the
114	appropriating state to use in the control of any pest. Donations
115	and grants may be conditional or unconditional, except that the
116	insurance fund may not accept a donation or grant that contains
117	terms that are inconsistent with this compact.
118	(5)  PEST CONTROL INSURANCE FUND; INTERNAL OPERATIONS AND
119	MANAGEMENT.--
120	(a)  The insurance fund shall be administered by a
121	governing board and executive committee. The actions of the
122	governing board and the executive committee shall be deemed the
123	actions of the insurance fund.
124	(b)  Each member of the governing board is entitled to one
125	vote on the board. Action by the governing board is not binding
126	unless taken at a meeting at which a majority of the total
127	number of votes on the governing board is cast in favor of the
128	action. Action of the governing board shall be taken only at a
129	meeting at which a majority of the members are present.
130	(c)  The insurance fund shall have a seal that may be
131	employed as an official symbol and may be affixed to documents
132	and used as the governing board provides.
133	(d)  The governing board shall elect annually, from among
134	its members, a chairperson, vice chairperson, secretary, and
135	treasurer. The chairperson may not succeed himself or herself.
136	The governing board may appoint an executive director and fix
137	the duties of the executive director and compensation, if any.
138	The executive director shall serve at the pleasure of the
139	governing board. The governing board shall provide for the
140	bonding of any officers and employees of the insurance fund as
141	it finds appropriate.
142	(e)  Irrespective of the civil service, personnel, or other
143	merit system laws of any party state, the executive director or,
144	if there is no executive director, the chairperson, pursuant to
145	procedures as the bylaws may provide, shall appoint, remove, or
146	discharge such personnel necessary for the performance of the
147	functions of the insurance fund and shall fix the duties and
148	compensation of such personnel. The governing board in its
149	bylaws shall provide personnel policies and programs of the
150	insurance fund.
151	(f)  The insurance fund may borrow, accept, or contract for
152	the services of personnel from any state, the United States, any
153	governmental agency, or any person, firm, association, or
154	corporation.
155	(g)  The insurance fund may accept for any of its purposes
156	and functions under this compact any donations and grants of
157	money, equipment, supplies, materials, and services, conditional
158	or otherwise, from any state, the United States, any other
159	governmental agency, or from any person, firm, association, or
160	corporation, and may receive, use, and dispose of the same. Any
161	donation, gift, or grant accepted by the governing board
162	pursuant to this paragraph or services borrowed pursuant to
163	paragraph (f) shall be reported in the annual report of the
164	insurance fund. The report must include the nature, amount, and
165	conditions of the donation, gift, grant, or services borrowed
166	and the identity of the donor or lender.
167	(h)  The governing board shall adopt bylaws for the
168	operation of the insurance fund and may amend or rescind the
169	bylaws. The insurance fund shall publish its bylaws in a
170	convenient form and shall file a copy and a copy of any
171	amendment with the appropriate agency or officer in each of the
172	party states.
173	(i)  The insurance fund shall submit an annual report to
174	the governor and legislature of each party state which covers
175	its activities for the preceding year. The insurance fund may
176	submit such additional reports as it deems desirable.
177	(j)  In addition to the powers and duties specifically
178	authorized and imposed, the insurance fund may do any other
179	things necessary and incidental to the conduct of its affairs
180	pursuant to this compact.
181	(6)  COMPACT AND INSURANCE FUND ADMINISTRATION.--
182	(a)  In each party state there shall be a compact
183	administrator who shall be selected and serve in the manner as
184	the laws of the state provide. The administrator shall assist in
185	coordinating activities pursuant to the compact in that state
186	and shall represent that state on the governing board of the
187	insurance fund.
188	(b)  If the laws of the United States specifically provide,
189	or if administrative provision is made within the Federal
190	Government, the United States may be represented on the
191	governing board of the insurance fund by not more than three
192	representatives. Any representative of the United States shall
193	be appointed and serve in the manner provided by federal law,
194	but may not vote on the governing board or the executive
195	committee.
196	(c)  The governing board shall meet at least once each year
197	to set policies and procedures in the administration of the
198	insurance fund and, consistent with the provisions of the
199	compact, shall supervise and direct the expenditure of moneys
200	from the insurance fund. Additional meetings of the governing
201	board shall be held at the call of the chairperson, the
202	executive committee, or a majority of the membership of the
203	governing board.
204	(d)  At its meetings, the governing board shall pass upon
205	applications for assistance from the insurance fund and shall
206	authorize disbursements from the fund. When the governing board
207	is not in session, the executive committee shall act as agent of
208	the governing board and has full authority to act for it in
209	passing upon applications.
210	(e)  The executive committee shall be composed of the
211	chairperson of the governing board and four additional members
212	of the governing board chosen by it so that one member
213	represents each of four geographic groupings of party states.
214	The governing board shall make such geographic groupings. If
215	there is representation of the United States on the governing
216	board, one representative may meet with the executive committee.
217	The chair of the governing board shall be the chairperson of the
218	executive committee. Action of the executive committee is not
219	binding unless taken at a meeting at which at least four members
220	are present and vote in favor of the action. Necessary expenses
221	of each of the five members of the executive committee incurred
222	in attending meetings of such committee, when not held at the
223	same time and place as a meeting of the governing board, shall
224	be charged against the insurance fund.
225	(7)  ASSISTANCE AND REIMBURSEMENT.--
226	(a)  Each party state pledges to each other party state
227	that it will employ its best efforts to eradicate, or control
228	within the strictest practicable limits, all pests within its
229	boundaries. The performance of this function includes:
230	1.  The maintenance of pest-control and eradication
231	activities of interstate significance at a level that would be
232	reasonable for its own protection in the absence of this
233	compact.
234	2.  The meeting of emergency outbreaks or infestations of
235	interstate significance to no less an extent than would have
236	been done in the absence of this compact.
237	(b)  If a party state is threatened by a pest not present
238	within its borders but present within another party state, or if
239	a party state undertakes activities to control or eradicate a
240	pest and finds that such activities are impracticable or
241	substantially more difficult because of the failure of another
242	party state to cope with an actual or threatened infestation,
243	that state may request the governing board to authorize
244	expenditures from the insurance fund for measures to eradicate
245	or control the infestation by other party states at a level
246	sufficient to prevent, or reduce to the greatest practicable
247	extent, infestation or reinfestation of the requesting state.
248	Upon such authorization, any responding states shall take or
249	increase any warranted eradication or control measures. A
250	responding state shall use moneys available from the insurance
251	fund expeditiously and efficiently to assist in providing the
252	protection requested.
253	(c)  In order to apply for expenditures from the insurance
254	fund, a requesting state shall submit, in writing:
255	1.  A detailed statement of the circumstances that occasion
256	the request for invoking the compact.
257	2.  Evidence that the pest for which eradication or control
258	assistance is requested constitutes a danger to an agricultural
259	or forest crop, product, tree, shrub, grass, or other plant
260	having a substantial value to the requesting state.
261	3.  A statement of the extent of the present and projected
262	program of the requesting state, including full information as
263	to the legal authority for the conduct of such program and the
264	expenditures made or budgeted for the eradication, control, or
265	prevention of introduction of the pest.
266	4.  Proof that the expenditures being made or budgeted as
267	detailed in subparagraph 3. do not constitute a reduction of the
268	effort for the control or eradication of the pest concerned or,
269	if there is a reduction, the reasons why the level of program
270	activity detailed in subparagraph 3. constitutes a normal level
271	of pest-control activity.
272	5.  A declaration as to whether, to the best of the
273	requesting state's knowledge and belief, the conditions that
274	require the invoking of the compact can be abated by a program
275	undertaken with the aid of moneys from the insurance fund within
276	1 year or less, or whether the request is for an installment in
277	a program that is likely to continue for a longer period.
278	6.  Any other information that the governing board
279	requires, consistent with this compact.
280	(d)  The governing board or executive committee shall give
281	notice of any meeting at which an application for assistance
282	from the insurance fund is to be considered. Such notice shall
283	be given to the compact administrator of each party state and to
284	any other officers and agencies designated by the laws of the
285	party states. The requesting state and any other party state is
286	entitled to be represented and present evidence and argument at
287	such meeting.
288	(e)  Upon the submission of the information required by
289	paragraph (c) and any other information that the requesting
290	state may have or acquire, and upon determining that an
291	expenditure of funds is within the purposes of this compact and
292	justified, the governing board or executive committee shall
293	authorize support of the program. The governing board or
294	executive committee may meet at any time and in any place to
295	receive and consider an application. All determinations of the
296	governing board or executive committee related to an application
297	and the reasons for the determination shall be recorded and
298	subscribed to show the votes of the individual members.
299	(f)  A requesting state that is dissatisfied with a
300	determination of the executive committee shall, upon notice in
301	writing submitted within 20 days after the determination, be
302	given a review of the determination at the next meeting of the
303	governing board. Determinations of the executive committee are
304	reviewable only by the governing board at a regular meeting or
305	at a special meeting authorized by the governing board.
306	(g)  Responding states required to undertake or increase
307	measures pursuant to this compact may receive moneys from the
308	insurance fund when such states incur expenditures because of
309	such measures or as reimbursement for expenses incurred and
310	chargeable to the insurance fund. The governing board shall
311	adopt procedures for the submission and payment of claims.
312	(h)  Before authorizing the expenditure of moneys from the
313	insurance fund, the governing board shall determine the extent
314	and nature of any timely assistance or participation that may be
315	available from the Federal Government and shall request
316	assistance and participation from the appropriate federal
317	agencies.
318	(i)  The insurance fund may negotiate and execute a
319	memorandum of understanding or other instrument defining the
320	extent and degree of assistance or participation between and
321	among the insurance fund, cooperating federal agencies, states,
322	and other entities concerned.
323	(8)  ADVISORY AND TECHNICAL COMMITTEES.--The governing
324	board may establish advisory and technical committees composed
325	of state, local, and federal officials and private persons to
326	advise it regarding its functions. Any advisory or technical
327	committee may meet with and participate in its deliberations
328	upon the request of the governing board or executive committee.
329	An advisory or technical committee may furnish information and
330	recommendations concerning an application for assistance from
331	the insurance fund being considered by the board or committee.
332	However, a participant in a meeting of the governing board or
333	executive committee held pursuant to paragraph (7)(d) is
334	entitled to know at the time of the meeting the substance of
335	such information and recommendations that are made prior to or
336	as part of the meeting or, if made after the meeting, no later
337	than the time at which the governing board or executive
338	committee makes its disposition of the application.
339	(9)  RELATIONS AND NONPARTY JURISDICTION.--
340	(a)  A party state may apply for assistance from the
341	insurance fund regarding a pest in a nonparty state. The
342	application shall be considered and disposed of by the governing
343	board or executive committee in the same manner as an
344	application regarding a pest within a party state, except as
345	provided in this subsection.
346	(b)  At or in connection with any meeting of the governing
347	board or executive committee held pursuant to paragraph (7)(d),
348	a nonparty state is entitled to appear, participate, and receive
349	information only to the extent as the governing board or
350	executive committee provides. A nonparty state may not review
351	any determination made by the executive committee.
352	(c)  The governing board or executive committee shall
353	authorize expenditures from the insurance fund to be made in a
354	nonparty state only after determining that the conditions in
355	such state and the value of the expenditures to the party state
356	as a whole justify the expenditures. The governing board or
357	executive committee may set any conditions that it deems
358	appropriate regarding the expenditure of moneys from the
359	insurance fund in a nonparty state and may enter into any
360	agreements with nonparty states and other jurisdictions or
361	entities as it deems necessary or appropriate to protect the
362	interests of the insurance fund with respect to expenditures and
363	activities outside of party states.
364	(10)  FINANCE.--
365	(a)  The insurance fund shall submit to the executive head
366	or designated officer of each party state a budget for the
367	insurance fund for the period required by the laws of that party
368	state for a presentation to the party state's legislature.
369	(b)  Each budget shall contain specific recommendations of
370	the amount to be appropriated by each party state. The request
371	for appropriations shall be apportioned among the party states
372	as follows: one-tenth of the total budget in equal shares and
373	the remainder in proportion to the value of agricultural and
374	forest crops and products, excluding animals and animal
375	products, produced in each party state. In determining the value
376	of such crops and products, the insurance fund may employ any
377	sources of information which present the most equitable and
378	accurate comparisons among the party states. Each budget and
379	request for appropriations shall indicate the source used to
380	obtain information concerning the value of products.
381	(c)  The financial assets of the insurance fund shall be
382	maintained in two accounts to be designated respectively as the
383	"operating account" and the "claims account." The operating
384	account shall consist only of assets necessary to administer the
385	insurance fund during the next ensuing 2-year period. The claims
386	account shall contain all moneys not included in the operating
387	account and may not exceed the amount reasonably estimated to be
388	sufficient to pay all legitimate claims against the insurance
389	fund for a period of 3 years. When the claims account reaches
390	its maximum limit or will reach its maximum limit by the
391	addition of moneys requested for appropriation by the party
392	states, the governing board shall reduce its budget requests on
393	a pro rata basis to keep the claims account within the maximum
394	limit. Any moneys in the claims account because of conditional
395	donations, grants, or gifts shall be included in calculations
396	made pursuant to this paragraph only to the extent that such
397	moneys are available to meet demands arising out of the claims.
398	(d)  The insurance fund may not pledge the credit of any
399	party state. The insurance fund may meet any of its obligations
400	with moneys available to it under paragraph (5)(g) if the
401	governing board takes specific action to set aside such moneys
402	before incurring any obligation to be met in whole or in part in
403	such manner. Except where the insurance fund uses moneys
404	available to it under paragraph (5)(g), the insurance fund may
405	not incur any obligation before the allotment of moneys by the
406	party states adequate to meet the obligation.
407	(e)  The insurance fund shall keep accurate records of all
408	receipts and disbursements. The receipts and disbursements of
409	the insurance fund are subject to the audit and accounting
410	procedures established under its bylaws. However, all receipts
411	and disbursements of funds handled by the insurance fund shall
412	be audited annually by a certified or licensed public accountant
413	and a report of the audit shall be included in and become part
414	of the annual report of the insurance fund.
415	(f)  The accounts of the insurance fund shall be open at
416	any reasonable time for inspection by authorized officers of the
417	party states and any persons authorized by the insurance fund.
418	(11)  ENTRY INTO FORCE AND WITHDRAWAL.--
419	(a)  This compact shall enter into force when enacted into
420	law by five or more states. Thereafter, it shall become
421	effective for any other state upon its enactment by that state.
422	(b)  Any party state may withdraw from this compact by
423	enacting a statute repealing the compact, but a withdrawal does
424	not take effect until 2 years after the executive head of the
425	withdrawing state has given notice in writing of the withdrawal
426	to the executive heads of all other party states. A withdrawal
427	does not affect any liability incurred by or chargeable to a
428	party state before the time of its withdrawal.
429	(12)  CONSTRUCTION AND SEVERABILITY.--This compact shall be
430	liberally construed to effectuate its purposes. The provisions
431	of this compact are severable and if any phrase, clause,
432	sentence, or provision is declared to be contrary to the
433	constitution of any state or the United States or the
434	applicability thereof to any government, agency, person, or
435	circumstance is held invalid, the validity of the remainder of
436	this compact and the applicability thereof to any government,
437	agency, person, or circumstance shall not be affected. If this
438	compact is held contrary to the constitution of any state
439	participating herein, the compact shall remain in full force and
440	effect as to the remaining party states and in full force and
441	effect as to the state affected as to all severable matters.
442	Section 2.  This act shall take effect July 1, 2009.

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