CS/CS/CS/HB 981

1
A bill to be entitled
2An act relating to agriculture; amending s. 193.461, F.S.;
3clarifying that land classified as agricultural retains
4that classification when offered for sale under certain
5circumstances; providing for retroactive application;
6providing the methodology for assessing certain structures
7and improvements used for horticultural production;
8amending s. 369.20, F.S.; authorizing the Fish and
9Wildlife Conservation Commission to enter into an
10agreement with the Department of Environmental Protection
11for the uniform regulation of pesticides applied to waters
12of the state; revising exemptions from water pollution
13permits; amending s. 403.088, F.S.; providing permits for
14applying pesticides to the waters of the state; requiring
15the Department of Environmental Protection to enter into
16agreements with the Department of Agriculture and Consumer
17Services and the commission for the uniform regulation of
18pesticides applied to the waters of the state; authorizing
19temporary deviations from certain rule provisions adopted
20by the Department of Environmental Protection for certain
21pesticides under certain conditions; amending s. 487.163,
22F.S.; requiring the Department of Agriculture and Consumer
23Services to enter into an agreement with the Department of
24Environmental Protection for the uniform regulation of
25pesticides applied to the waters of the state; amending s.
26573.112, F.S.; providing that the Citrus Research and
27Development Foundation shall provide advice to the
28Department of Agriculture and Consumer Services with
29respect to citrus research marketing orders, conduct
30citrus research, and perform other duties assigned by the
31department; amending s. 573.118, F.S.; providing for the
32deposit of certain agricultural assessments; revising the
33assessment rate on citrus fruit; amending s. 581.031,
34F.S.; expanding the type of research projects that may be
35conducted by the Department of Agriculture and Consumer
36Services; amending s. 601.07, F.S.; revising the location
37of the executive offices of the Department of Citrus;
38providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Paragraph (b) of subsection (3) and paragraph
43(c) of subsection (6) of section 193.461, Florida Statutes, are
44amended to read:
45     193.461  Agricultural lands; classification and assessment;
46mandated eradication or quarantine program.-
47     (3)
48     (b)  Subject to the restrictions specified set out in this
49section, only lands that which are used primarily for bona fide
50agricultural purposes shall be classified agricultural. The term
51"bona fide agricultural purposes" means good faith commercial
52agricultural use of the land.
53     1.  In determining whether the use of the land for
54agricultural purposes is bona fide, the following factors may be
55taken into consideration:
56     a.1.  The length of time the land has been so used.
57     b.2.  Whether the use has been continuous.
58     c.3.  The purchase price paid.
59     d.4.  Size, as it relates to specific agricultural use, but
60in no event shall a minimum acreage may not be required for
61agricultural assessment.
62     e.5.  Whether an indicated effort has been made to care
63sufficiently and adequately for the land in accordance with
64accepted commercial agricultural practices, including, without
65limitation, fertilizing, liming, tilling, mowing, reforesting,
66and other accepted agricultural practices.
67     f.6.  Whether the such land is under lease and, if so, the
68effective length, terms, and conditions of the lease.
69     g.7.  Such other factors as may from time to time become
70applicable.
71     2.  Offering property for sale does not constitute a
72primary use of land and may not be the basis for denying an
73agricultural classification if the land continues to be used
74primarily for bona fide agricultural purposes while it is being
75offered for sale.
76     (6)
77     (c)1.  For purposes of the income methodology approach to
78assessment of property used for agricultural purposes,
79irrigation systems, including pumps and motors, physically
80attached to the land shall be considered a part of the average
81yields per acre and shall have no separately assessable
82contributory value.
83     2.  Litter containment structures located on producing
84poultry farms and animal waste nutrient containment structures
85located on producing dairy farms shall be assessed by the
86methodology described in subparagraph 1.
87     3.  Structures or improvements used for horticultural
88production that provide shade and shelter and improve the
89quality or conservation of water, as designated by the
90Department of Agriculture and Consumer Services' interim
91measures or best management practices adopted pursuant to s.
92570.085 or s. 403.067(7)(c), shall be assessed by the
93methodology described in subparagraph 1.
94     Section 2.  The amendment by this act to s. 193.461(3)(b),
95Florida Statutes, is remedial and clarifying in nature and
96applies retroactively to all parcels for which a final court
97order has not yet been entered as of the effective date of this
98act.
99     Section 3.  Subsections (4) and (9) of section 369.20,
100Florida Statutes, are amended to read:
101     369.20  Florida Aquatic Weed Control Act.-
102     (4)  The commission shall also promote, develop, and
103support research activities directed toward the more effective
104and efficient control of aquatic plants. In the furtherance of
105this purpose, the commission may is authorized to:
106     (a)  Accept donations and grants of funds and services from
107both public and private sources;
108     (b)  Contract or enter into agreements with public or
109private agencies or corporations for research and development of
110aquatic plant control methods or for the performance of aquatic
111plant control activities. The commission may enter into an
112agreement with the Department of Environmental Protection to
113ensure that pesticides applied to the waters of the state are
114regulated uniformly, including provisions for the coordination
115of agency staff and resources, through the implementation of
116permitting, compliance, and enforcement activities under ss.
117403.088 and 403.0885;
118     (c)  Construct, acquire, operate, and maintain facilities
119and equipment; and
120     (d)  Enter upon, or authorize the entry upon, private
121property for purposes of making surveys and examinations and to
122engage in aquatic plant control activities; and such entry shall
123not be deemed a trespass.
124     (9)  A permit issued pursuant to this section for The
125application of herbicides to waters of in the state for the
126control of aquatic plants, algae, or invasive exotic plants is
127exempt from the requirement to obtain a water pollution
128operation permit except as provided in ss. pursuant to s.
129403.088 and 403.0885.
130     Section 4.  Subsection (1) of section 403.088, Florida
131Statutes, is amended to read:
132     403.088  Water pollution operation permits; conditions.-
133     (1)  No person, Without the written authorization of the
134department, a person may not shall discharge any waste into the
135waters of within the state any waste which, by itself or in
136combination with the wastes of other sources, reduces the
137quality of the receiving waters below the classification
138established for such waters them. However, this section does
139shall not be deemed to prohibit the application of pesticides to
140such waters in the state for the control of insects, aquatic
141weeds, or algae, or other pests if provided the application is
142performed in accordance with this section.
143     (a)  Upon execution of the agreement required in s.
144487.163(3), the department may develop a permit or other
145authorization as required by 33 U.S.C. s. 1342 for the
146application of pesticides. A person must obtain such permit or
147other authorization before applying pesticides to the waters of
148the state.
149     (b)  In consultation with the Department of Agriculture and
150Consumer Services and the Fish and Wildlife Conservation
151Commission, the department shall also develop a general permit
152under s. 403.0885(2), for the application of pesticides.
153     (c)  The department shall also enter into agreements with
154the Department of Agriculture and Consumer Services pursuant to
155a program approved by the Department of Health, in the case of
156insect or other pest control, and with or the Fish and Wildlife
157Conservation Commission, in the case of aquatic weed, other
158aquatic pests, or algae control. The department is directed to
159enter into interagency agreements to establish the procedures
160for program approval. Such agreements must shall provide for
161public health, welfare, and safety, as well as environmental
162factors, and must ensure that pesticides applied to waters of
163the state are regulated uniformly, including provisions for the
164coordination of agency staff and resources, through the
165implementation of permitting, compliance, and enforcement
166activities under s. 403.0885 and this section. Pesticides that
167are Approved programs must provide that only chemicals approved
168for a the particular use by the United States Environmental
169Protection Agency or by the Department of Agriculture and
170Consumer Services may be employed and that they be applied in
171accordance with registered label instructions, state standards
172for such application, including any permit or other
173authorization required by this subsection, and the provisions of
174the Florida Pesticide Law, part I of chapter 487, are allowed a
175temporary deviation from the acute toxicity provisions of the
176department's rule establishing surface water quality standards,
177not to exceed the time necessary to control the target pests and
178only if the application does not reduce the quality of the
179receiving waters below the classification for such waters and is
180not likely to adversely affect any threatened or endangered
181species.
182     Section 5.  Subsection (3) is added to section 487.163,
183Florida Statutes, to read:
184     487.163  Information; interagency cooperation.-
185     (3)  The department shall enter into an agreement with the
186Department of Environmental Protection to ensure that pesticides
187applied to waters of the state are regulated uniformly,
188including provisions for the coordination of agency staff and
189resources, through the implementation of permitting, compliance,
190and enforcement activities under ss. 403.088 and 403.0885.
191     Section 6.  Subsection (7) is added to section 573.112,
192Florida Statutes, to read:
193     573.112  Advisory council.-
194     (7)  Notwithstanding any provision of this section, the
195Citrus Research and Development Foundation, Inc., a direct-
196support organization of the University of Florida established
197pursuant to s. 1004.28, shall serve as the advisory council for
198a citrus research marketing order, provide the department with
199advice on administering the order, and, in accordance with the
200order, conduct citrus research and perform other duties assigned
201by the department. Notwithstanding s. 1004.28(3), the
202foundation's board of directors shall be composed of 13 members,
203including 10 citrus growers, 2 representatives of the
204university's Institute of Food and Agricultural Sciences, and 1
205member appointed by the Commissioner of Agriculture.
206     Section 7.  Subsections (1) and (6) of section 573.118,
207Florida Statutes, are amended to read:
208     573.118  Assessment; funds; audit; loans.-
209     (1)  To provide funds to defray the necessary expenses
210incurred by the department in the formulation, issuance,
211administration, and enforcement of any marketing order, every
212person engaged in the production, distributing, or handling of
213agricultural commodities within this state, and directly
214affected by any marketing order, shall pay to the department, at
215such times and in such installments as the department may
216prescribe, such person's pro rata share of necessary expenses.
217Each person's share of expenses shall be that proportion which
218the total volume of agricultural commodities produced,
219distributed, or handled by the person during the current
220marketing season, or part thereof covered by such marketing
221order, is of the total volume of the commodities produced,
222distributed, or handled by all such persons during the same
223current marketing season or part thereof. The department, after
224receiving the recommendations of the advisory council, shall fix
225the rate of assessment on the volume of agricultural commodities
226sold or some other equitable basis. For convenience of
227collection, upon request of the department, handlers of the
228commodities shall pay any producer assessments. Handlers paying
229assessments for and on behalf of any producers may shall, at
230their discretion, collect the producer assessments from any
231moneys owed by the handlers to the producers. The collected
232assessments shall be deposited into the appropriate General
233Inspection trust fund and shall be used for the sole purpose of
234implementing the marketing order for which the assessment was
235collected. The department is not subject to the procedures found
236in s. 287.057 in the expenditure of these funds. However, the
237director of the Division of Marketing and Development shall file
238with the internal auditor of the department a certification of
239conditions and circumstances justifying each contract or
240agreement entered into without competitive bidding.
241     (6)  An Any assessment levied upon citrus fruit under this
242section may not exceed the rate established in the marketing
243order and shall be at a rate not to exceed 1 cent per standard-
244packed box of citrus fruit grown and placed into the primary
245channel of trade in this state. All revenues from such
246assessment collected by the department shall be deposited into
247the Citrus Inspection Trust Fund.
248     Section 8.  Subsection (32) of section 581.031, Florida
249Statutes, is amended to read:
250     581.031  Department; powers and duties.-The department has
251the following powers and duties:
252     (32)  To The Department of Agriculture and Consumer
253Services shall conduct or cause to be conducted those
254projects on citrus diseases, including, but not limited to,
255citrus canker and citrus greening, which are recommended by the
256Florida Citrus Production Research and Development Foundation,
257Inc. Advisory Council, within the limits of appropriations made
258specifically for such purpose.
259     Section 9.  Section 601.07, Florida Statutes, is amended to
260read:
261     601.07  Location of executive offices.-The executive
262offices of the Department of Citrus shall be established and
263maintained at Bartow Lakeland.
264     Section 10.  This act shall take effect July 1, 2010.


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