Florida Senate - 2010 CS for SB 2182
By the Committee on Agriculture; and Senator Alexander
575-02712-10 20102182c1
1 A bill to be entitled
2 An act relating to agriculture; amending s. 193.461,
3 F.S.; clarifying that land that is classified as
4 agricultural retains that classification when offered
5 for sale; providing for retroactivity; amending s.
6 369.20, F.S.; authorizing the Fish and Wildlife
7 Conservation Commission to enter into an agreement
8 with the Department of Environmental Protection
9 relating to the uniform application of pesticides to
10 the waters of the state; revising exemptions from
11 water pollution permits; amending s. 403.088, F.S.;
12 providing permits for applying pesticides to the
13 waters of the state; requiring the Department of
14 Environmental Protection to enter into agreements with
15 the Department of Agriculture and Consumer Services
16 and the Fish and Wildlife Conservation Commission
17 relating to the uniform application of pesticides to
18 the waters of the state; exempting certain pesticides
19 from acute toxicity provisions provided by rule;
20 amending s. 487.163, F.S.; requiring the Department of
21 Agriculture and Consumer Services to enter into an
22 agreement with the Department of Environmental
23 Protection relating to the uniform application of
24 pesticides to the waters of the state; amending s.
25 573.112, F.S.; providing that the Citrus Research and
26 Development Foundation shall provide advice to the
27 Department of Agriculture and Consumer Services with
28 respect to citrus research marketing orders; amending
29 s. 573.118, F.S.; providing for the deposit of certain
30 agricultural assessments; revising the assessment rate
31 on citrus fruit; amending s. 581.031, F.S.; expanding
32 the type of research projects which may be conducted
33 by the department; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraph (b) of subsection (3) of section
38 193.461, Florida Statutes, is amended to read:
39 193.461 Agricultural lands; classification and assessment;
40 mandated eradication or quarantine program.—
41 (3)
42 (b) Subject to the restrictions specified set out in this
43 section, only lands that which are used primarily for bona fide
44 agricultural purposes shall be classified agricultural. The term
45 “bona fide agricultural purposes” means good faith commercial
46 agricultural use of the land.
47 1. In determining whether the use of the land for
48 agricultural purposes is bona fide, the following factors may be
49 taken into consideration:
50 a.1. The length of time the land has been so used.
51 b.2. Whether the use has been continuous.
52 c.3. The purchase price paid.
53 d.4. Size, as it relates to specific agricultural use, but
54 in no event shall a minimum acreage may not be required for
55 agricultural assessment.
56 e.5. Whether an indicated effort has been made to care
57 sufficiently and adequately for the land in accordance with
58 accepted commercial agricultural practices, including, without
59 limitation, fertilizing, liming, tilling, mowing, reforesting,
60 and other accepted agricultural practices.
61 f.6. Whether the such land is under lease and, if so, the
62 effective length, terms, and conditions of the lease.
63 g.7. Such other factors as may from time to time become
64 applicable.
65 2. Offering property for sale does not constitute a primary
66 use of land and may not be the basis for denying its
67 agricultural classification if the land continues to be used
68 primarily for bona fide agricultural purposes while it is being
69 offered for sale.
70 Section 2. The amendment to paragraph (b) of subsection (3)
71 of section 193.461, Florida Statutes, made by this act is
72 intended to be remedial and clarifying in nature and applies
73 retroactively to all parcels for which a final court order has
74 not yet been entered as of the effective date of this act.
75 Section 3. Subsections (4) and (9) of section 369.20,
76 Florida Statutes, are amended to read:
77 369.20 Florida Aquatic Weed Control Act.—
78 (4) The commission shall also promote, develop, and support
79 research activities directed toward the more effective and
80 efficient control of aquatic plants. In the furtherance of this
81 purpose, the commission may is authorized to:
82 (a) Accept donations and grants of funds and services from
83 both public and private sources;
84 (b) Contract or enter into agreements with public or
85 private agencies or corporations for research and development of
86 aquatic plant control methods or for the performance of aquatic
87 plant control activities. The commission may enter into an
88 agreement with the Department of Environmental Protection to
89 ensure the uniform regulation of pesticides applied to the
90 waters of the state, including provision for coordinating agency
91 staff and resources, through the implementation of permitting,
92 compliance, and enforcement activities under ss. 403.088 and
93 403.0885;
94 (c) Construct, acquire, operate, and maintain facilities
95 and equipment; and
96 (d) Enter upon, or authorize the entry upon, private
97 property for purposes of making surveys and examinations and to
98 engage in aquatic plant control activities; and such entry shall
99 not be deemed a trespass.
100 (9) A permit issued pursuant to this section for The
101 application of herbicides to waters of in the state for the
102 control of aquatic plants, algae, or invasive exotic plants is
103 exempt from the requirement to obtain a water pollution
104 operation permit except as provided in ss. pursuant to s.
105 403.088 and 403.0885.
106 Section 4. Subsection (1) of section 403.088, Florida
107 Statutes, is amended to read:
108 403.088 Water pollution operation permits; conditions.—
109 (1) No person, Without the written authorization of the
110 department, a person may not shall discharge any waste into the
111 waters of within the state any waste which, by itself or in
112 combination with the wastes of other sources, reduces the
113 quality of the receiving waters below the classification
114 established for such waters them. However, this section does
115 shall not be deemed to prohibit the application of pesticides to
116 such waters in the state for the control of insects, aquatic
117 weeds, or algae, or other pests if provided the application is
118 performed in accordance with any of the following:
119 (a) Upon execution of the agreement provided in s.
120 487.163(3), the department may develop a permit or other
121 authorization as required by 33 U.S.C. s. 1342 for the
122 application of pesticides. A person must obtain such permit or
123 other authorization before applying pesticides to the waters of
124 the state.
125 (b) In consultation with the Department of Agriculture and
126 Consumer Services and the Fish and Wildlife Conservation
127 Commission, the department shall also develop a general permit
128 under s. 403.0885(2), for the application of pesticides.
129 (c) The department shall also enter into agreements with
130 the Department of Agriculture and Consumer Services pursuant to
131 a program approved by the Department of Health, in the case of
132 insect or other pest control, and with or the Fish and Wildlife
133 Conservation Commission, in the case of aquatic weed, other
134 aquatic pests, or algae control. The department is directed to
135 enter into interagency agreements to establish the procedures
136 for program approval. Such agreements must shall provide for
137 public health, welfare, and safety, as well as environmental
138 factors, and must ensure the uniform regulation of pesticides
139 applied to waters of the state, including provisions for the
140 coordination of agency staff and resources, through the
141 implementation of permitting, compliance, and enforcement
142 activities under this section and s. 403.0885. Pesticides that
143 are Approved programs must provide that only chemicals approved
144 for a the particular use by the United States Environmental
145 Protection Agency or by the Department of Agriculture and
146 Consumer Services may be employed and that they be applied in
147 accordance with registered label instructions, state standards
148 for such application, including any permit or other
149 authorization required by this subsection, and the provisions of
150 the Florida Pesticide Law, part I of chapter 487, are not
151 subject to the acute toxicity provisions of rule 62-302.500,
152 Florida Administrative Code.
153 Section 5. Subsection (3) is added to section 487.163,
154 Florida Statutes, to read:
155 487.163 Information; interagency cooperation.—
156 (3) The department shall enter into an agreement with the
157 Department of Environmental Protection to ensure the uniform
158 regulation of pesticides applied to waters of the state,
159 including provisions for the coordination of agency staff and
160 resources, through the implementation of permitting, compliance,
161 and enforcement activities under ss. 403.088 and 403.0885.
162 Section 6. Subsection (7) is added to section 573.112,
163 Florida Statutes, to read:
164 573.112 Advisory council.—
165 (7) Notwithstanding the provisions of this section, the
166 Citrus Research and Development Foundation, Inc., a direct
167 support organization of the University of Florida established
168 pursuant to s. 1004.28, shall serve as the advisory council for
169 a citrus research marketing order, provide the department with
170 advice on administering the order, and, in accordance with the
171 order, conduct citrus research and perform other duties assigned
172 by the department. Notwithstanding s. 1004.28(3), the
173 foundation’s board of directors shall be composed of 13 members,
174 including 10 citrus growers, 2 representatives of the
175 university’s Institute of Food and Agricultural Sciences, and 1
176 member appointed by the Commissioner of Agriculture.
177 Section 7. Subsections (1) and (6) of section 573.118,
178 Florida Statutes, are amended to read:
179 573.118 Assessment; funds; audit; loans.—
180 (1) To provide funds to defray the necessary expenses
181 incurred by the department in the formulation, issuance,
182 administration, and enforcement of any marketing order, every
183 person engaged in the production, distributing, or handling of
184 agricultural commodities within this state, and directly
185 affected by any marketing order, shall pay to the department, at
186 such times and in such installments as the department may
187 prescribe, such person’s pro rata share of necessary expenses.
188 Each person’s share of expenses shall be that proportion which
189 the total volume of agricultural commodities produced,
190 distributed, or handled by the person during the current
191 marketing season, or part thereof covered by such marketing
192 order, is of the total volume of the commodities produced,
193 distributed, or handled by all such persons during the same
194 current marketing season or part thereof. The department, after
195 receiving the recommendations of the advisory council, shall fix
196 the rate of assessment on the volume of agricultural commodities
197 sold or some other equitable basis. For convenience of
198 collection, upon request of the department, handlers of the
199 commodities shall pay any producer assessments. Handlers paying
200 assessments for and on behalf of any producers may shall, at
201 their discretion, collect the producer assessments from any
202 moneys owed by the handlers to the producers. The collected
203 assessments shall be deposited into the appropriate General
204 Inspection trust fund and shall be used for the sole purpose of
205 implementing the marketing order for which the assessment was
206 collected. The department is not subject to the procedures found
207 in s. 287.057 in the expenditure of these funds. However, the
208 director of the Division of Marketing and Development shall file
209 with the internal auditor of the department a certification of
210 conditions and circumstances justifying each contract or
211 agreement entered into without competitive bidding.
212 (6) An Any assessment levied upon citrus fruit under this
213 section may not exceed the rate established in the marketing
214 order and shall be at a rate not to exceed 1 cent per standard
215 packed box of citrus fruit grown and placed into the primary
216 channel of trade in this state. All revenues from such
217 assessment collected by the department shall be deposited into
218 the Citrus Inspection Trust Fund.
219 Section 8. Subsection (32) of section 581.031, Florida
220 Statutes, is amended to read:
221 581.031 Department; powers and duties.—The department has
222 the following powers and duties:
223 (32) To The Department of Agriculture and Consumer Services
224 shall conduct or cause to be conducted those research projects
225 on citrus diseases, including, but not limited to, citrus canker
226 and citrus greening, which are recommended by the Florida Citrus
227 Production Research Advisory Council, within the limits of
228 appropriations made specifically for such purpose.
229 Section 9. This act shall take effect upon becoming a law.