1 | A bill to be entitled |
2 | An act relating to agriculture; amending s. 193.461, F.S.; |
3 | clarifying that land classified as agricultural retains |
4 | that classification when offered for sale under certain |
5 | circumstances; providing for retroactive application; |
6 | providing the methodology for assessing certain |
7 | agricultural improvements, structures, or equipment |
8 | located on agricultural land and used for specified |
9 | purposes; amending s. 369.20, F.S.; authorizing the Fish |
10 | and Wildlife Conservation Commission to enter into an |
11 | agreement with the Department of Environmental Protection |
12 | for the uniform regulation of pesticides applied to waters |
13 | of the state; revising exemptions from water pollution |
14 | permits; amending s. 403.088, F.S.; providing permits for |
15 | applying pesticides to the waters of the state; requiring |
16 | the Department of Environmental Protection to enter into |
17 | agreements with the Department of Agriculture and Consumer |
18 | Services and the commission for the uniform regulation of |
19 | pesticides applied to the waters of the state; authorizing |
20 | temporary deviations from certain provisions of rules |
21 | adopted by the Department of Environmental Protection for |
22 | certain pesticides under certain conditions; amending s. |
23 | 487.163, F.S.; requiring the Department of Agriculture and |
24 | Consumer Services to enter into an agreement with the |
25 | Department of Environmental Protection for the uniform |
26 | regulation of pesticides applied to the waters of the |
27 | state; amending s. 573.112, F.S.; providing that the |
28 | Citrus Research and Development Foundation shall provide |
29 | advice to the Department of Agriculture and Consumer |
30 | Services with respect to citrus research marketing orders, |
31 | conduct citrus research, and perform other duties assigned |
32 | by the department; amending s. 573.118, F.S.; providing |
33 | for the deposit of certain agricultural assessments; |
34 | revising the assessment rate on citrus fruit; amending s. |
35 | 581.031, F.S.; expanding the type of research projects |
36 | that may be conducted by the Department of Agriculture and |
37 | Consumer Services; amending s. 601.07, F.S.; revising the |
38 | location of the executive offices of the Department of |
39 | Citrus; providing an effective date. |
40 |
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41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
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43 | Section 1. Paragraph (b) of subsection (3) and paragraph |
44 | (c) of subsection (6) of section 193.461, Florida Statutes, are |
45 | amended to read: |
46 | 193.461 Agricultural lands; classification and assessment; |
47 | mandated eradication or quarantine program.- |
48 | (3) |
49 | (b) Subject to the restrictions specified set out in this |
50 | section, only lands that which are used primarily for bona fide |
51 | agricultural purposes shall be classified agricultural. The term |
52 | "bona fide agricultural purposes" means good faith commercial |
53 | agricultural use of the land. |
54 | 1. In determining whether the use of the land for |
55 | agricultural purposes is bona fide, the following factors may be |
56 | taken into consideration: |
57 | a.1. The length of time the land has been so used. |
58 | b.2. Whether the use has been continuous. |
59 | c.3. The purchase price paid. |
60 | d.4. Size, as it relates to specific agricultural use, but |
61 | in no event shall a minimum acreage may not be required for |
62 | agricultural assessment. |
63 | e.5. Whether an indicated effort has been made to care |
64 | sufficiently and adequately for the land in accordance with |
65 | accepted commercial agricultural practices, including, without |
66 | limitation, fertilizing, liming, tilling, mowing, reforesting, |
67 | and other accepted agricultural practices. |
68 | f.6. Whether the such land is under lease and, if so, the |
69 | effective length, terms, and conditions of the lease. |
70 | g.7. Such other factors as may from time to time become |
71 | applicable. |
72 | 2. Offering property for sale does not constitute a |
73 | primary use of land and may not be the basis for denying an |
74 | agricultural classification if the land continues to be used |
75 | primarily for bona fide agricultural purposes while it is being |
76 | offered for sale. |
77 | (6) |
78 | (c)1. For purposes of the income methodology approach to |
79 | assessment of property used for agricultural purposes, |
80 | irrigation systems, including pumps and motors, physically |
81 | attached to the land shall be considered a part of the average |
82 | yields per acre and shall have no separately assessable |
83 | contributory value. |
84 | 2. Litter containment structures located on producing |
85 | poultry farms and animal waste nutrient containment structures |
86 | located on producing dairy farms shall be assessed by the |
87 | methodology described in subparagraph 1. |
88 | 3. Agricultural improvements, structures, or equipment |
89 | located on land classified as agricultural land pursuant to s. |
90 | 193.461 and used as a natural resource conservation practice or |
91 | to implement state-adopted best-management practices shall be |
92 | assessed by the methodology described in subparagraph 1. |
93 | Section 2. The amendment by this act to s. 193.461(3)(b), |
94 | Florida Statutes, is remedial and clarifying in nature and |
95 | applies retroactively to all parcels for which a final court |
96 | order has not yet been entered as of the effective date of this |
97 | act. |
98 | Section 3. Subsections (4) and (9) of section 369.20, |
99 | Florida Statutes, are amended to read: |
100 | 369.20 Florida Aquatic Weed Control Act.- |
101 | (4) The commission shall also promote, develop, and |
102 | support research activities directed toward the more effective |
103 | and efficient control of aquatic plants. In the furtherance of |
104 | this purpose, the commission may is authorized to: |
105 | (a) Accept donations and grants of funds and services from |
106 | both public and private sources; |
107 | (b) Contract or enter into agreements with public or |
108 | private agencies or corporations for research and development of |
109 | aquatic plant control methods or for the performance of aquatic |
110 | plant control activities. The commission may enter into an |
111 | agreement with the Department of Environmental Protection to |
112 | ensure that pesticides applied to the waters of the state are |
113 | regulated uniformly, including provisions for the coordination |
114 | of agency staff and resources, through the implementation of |
115 | permitting, compliance, and enforcement activities under ss. |
116 | 403.088 and 403.0885; |
117 | (c) Construct, acquire, operate, and maintain facilities |
118 | and equipment; and |
119 | (d) Enter upon, or authorize the entry upon, private |
120 | property for purposes of making surveys and examinations and to |
121 | engage in aquatic plant control activities; and such entry shall |
122 | not be deemed a trespass. |
123 | (9) A permit issued pursuant to this section for The |
124 | application of herbicides to waters of in the state for the |
125 | control of aquatic plants, algae, or invasive exotic plants is |
126 | exempt from the requirement to obtain a water pollution |
127 | operation permit except as provided in ss. pursuant to s. |
128 | 403.088 and 403.0885. |
129 | Section 4. Subsection (1) of section 403.088, Florida |
130 | Statutes, is amended to read: |
131 | 403.088 Water pollution operation permits; conditions.- |
132 | (1) No person, Without the written authorization of the |
133 | department, a person may not shall discharge any waste into the |
134 | waters of within the state any waste which, by itself or in |
135 | combination with the wastes of other sources, reduces the |
136 | quality of the receiving waters below the classification |
137 | established for such waters them. However, this section does |
138 | shall not be deemed to prohibit the application of pesticides to |
139 | such waters in the state for the control of insects, aquatic |
140 | weeds, or algae, or other pests if provided the application is |
141 | performed in accordance with this section. |
142 | (a) Upon execution of the agreement required in s. |
143 | 487.163(3), the department may develop a permit or other |
144 | authorization as required by 33 U.S.C. s. 1342 for the |
145 | application of pesticides. A person must obtain such permit or |
146 | other authorization before applying pesticides to the waters of |
147 | the state. |
148 | (b) In consultation with the Department of Agriculture and |
149 | Consumer Services and the Fish and Wildlife Conservation |
150 | Commission, the department shall also develop a general permit |
151 | under s. 403.0885(2), for the application of pesticides. |
152 | (c) The department shall also enter into agreements with |
153 | the Department of Agriculture and Consumer Services pursuant to |
154 | a program approved by the Department of Health, in the case of |
155 | insect or other pest control, and with or the Fish and Wildlife |
156 | Conservation Commission, in the case of aquatic weed, other |
157 | aquatic pests, or algae control. The department is directed to |
158 | enter into interagency agreements to establish the procedures |
159 | for program approval. Such agreements must shall provide for |
160 | public health, welfare, and safety, as well as environmental |
161 | factors, and must ensure that pesticides applied to waters of |
162 | the state are regulated uniformly, including provisions for the |
163 | coordination of agency staff and resources, through the |
164 | implementation of permitting, compliance, and enforcement |
165 | activities under s. 403.0885 and this section. Pesticides that |
166 | are Approved programs must provide that only chemicals approved |
167 | for a the particular use by the United States Environmental |
168 | Protection Agency or by the Department of Agriculture and |
169 | Consumer Services may be employed and that they be applied in |
170 | accordance with registered label instructions, state standards |
171 | for such application, including any permit or other |
172 | authorization required by this subsection, and the provisions of |
173 | the Florida Pesticide Law, part I of chapter 487, are allowed a |
174 | temporary deviation from the acute toxicity provisions of rule |
175 | 62-302.500, Florida Administrative Code, not to exceed the time |
176 | necessary to control the target pests and only if the |
177 | application does not reduce the quality of the receiving waters |
178 | below the classification for such waters and is not likely to |
179 | adversely affect any threatened or endangered species. |
180 | Section 5. Subsection (3) is added to section 487.163, |
181 | Florida Statutes, to read: |
182 | 487.163 Information; interagency cooperation.- |
183 | (3) The department shall enter into an agreement with the |
184 | Department of Environmental Protection to ensure that pesticides |
185 | applied to waters of the state are regulated uniformly, |
186 | including provisions for the coordination of agency staff and |
187 | resources, through the implementation of permitting, compliance, |
188 | and enforcement activities under ss. 403.088 and 403.0885. |
189 | Section 6. Subsection (7) is added to section 573.112, |
190 | Florida Statutes, to read: |
191 | 573.112 Advisory council.- |
192 | (7) Notwithstanding any provision of this section, the |
193 | Citrus Research and Development Foundation, Inc., a direct- |
194 | support organization of the University of Florida established |
195 | pursuant to s. 1004.28, shall serve as the advisory council for |
196 | a citrus research marketing order, provide the department with |
197 | advice on administering the order, and, in accordance with the |
198 | order, conduct citrus research and perform other duties assigned |
199 | by the department. Notwithstanding s. 1004.28(3), the |
200 | foundation's board of directors shall be composed of 13 members, |
201 | including 10 citrus growers, 2 representatives of the |
202 | university's Institute of Food and Agricultural Sciences, and 1 |
203 | member appointed by the Commissioner of Agriculture. |
204 | Section 7. Subsections (1) and (6) of section 573.118, |
205 | Florida Statutes, are amended to read: |
206 | 573.118 Assessment; funds; audit; loans.- |
207 | (1) To provide funds to defray the necessary expenses |
208 | incurred by the department in the formulation, issuance, |
209 | administration, and enforcement of any marketing order, every |
210 | person engaged in the production, distributing, or handling of |
211 | agricultural commodities within this state, and directly |
212 | affected by any marketing order, shall pay to the department, at |
213 | such times and in such installments as the department may |
214 | prescribe, such person's pro rata share of necessary expenses. |
215 | Each person's share of expenses shall be that proportion which |
216 | the total volume of agricultural commodities produced, |
217 | distributed, or handled by the person during the current |
218 | marketing season, or part thereof covered by such marketing |
219 | order, is of the total volume of the commodities produced, |
220 | distributed, or handled by all such persons during the same |
221 | current marketing season or part thereof. The department, after |
222 | receiving the recommendations of the advisory council, shall fix |
223 | the rate of assessment on the volume of agricultural commodities |
224 | sold or some other equitable basis. For convenience of |
225 | collection, upon request of the department, handlers of the |
226 | commodities shall pay any producer assessments. Handlers paying |
227 | assessments for and on behalf of any producers may shall, at |
228 | their discretion, collect the producer assessments from any |
229 | moneys owed by the handlers to the producers. The collected |
230 | assessments shall be deposited into the appropriate General |
231 | Inspection trust fund and shall be used for the sole purpose of |
232 | implementing the marketing order for which the assessment was |
233 | collected. The department is not subject to the procedures found |
234 | in s. 287.057 in the expenditure of these funds. However, the |
235 | director of the Division of Marketing and Development shall file |
236 | with the internal auditor of the department a certification of |
237 | conditions and circumstances justifying each contract or |
238 | agreement entered into without competitive bidding. |
239 | (6) An Any assessment levied upon citrus fruit under this |
240 | section may not exceed the rate established in the marketing |
241 | order and shall be at a rate not to exceed 1 cent per standard- |
242 | packed box of citrus fruit grown and placed into the primary |
243 | channel of trade in this state. All revenues from such |
244 | assessment collected by the department shall be deposited into |
245 | the Citrus Inspection Trust Fund. |
246 | Section 8. Subsection (32) of section 581.031, Florida |
247 | Statutes, is amended to read: |
248 | 581.031 Department; powers and duties.-The department has |
249 | the following powers and duties: |
250 | (32) To The Department of Agriculture and Consumer |
251 | Services shall conduct or cause to be conducted those research |
252 | projects on citrus diseases, including, but not limited to, |
253 | citrus canker and citrus greening, which are recommended by the |
254 | Florida Citrus Production Research and Development Foundation, |
255 | Inc. Advisory Council, within the limits of appropriations made |
256 | specifically for such purpose. |
257 | Section 9. Section 601.07, Florida Statutes, is amended to |
258 | read: |
259 | 601.07 Location of executive offices.-The executive |
260 | offices of the Department of Citrus shall be established and |
261 | maintained at Bartow Lakeland. |
262 | Section 10. This act shall take effect July 1, 2010. |