| 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 structures |
| 7 | and improvements used for horticultural production; |
| 8 | amending s. 369.20, F.S.; authorizing the Fish and |
| 9 | Wildlife Conservation Commission to enter into an |
| 10 | agreement with the Department of Environmental Protection |
| 11 | for the uniform regulation of pesticides applied to waters |
| 12 | of the state; revising exemptions from water pollution |
| 13 | permits; amending s. 403.088, F.S.; providing permits for |
| 14 | applying pesticides to the waters of the state; requiring |
| 15 | the Department of Environmental Protection to enter into |
| 16 | agreements with the Department of Agriculture and Consumer |
| 17 | Services and the commission for the uniform regulation of |
| 18 | pesticides applied to the waters of the state; authorizing |
| 19 | temporary deviations from certain rule provisions adopted |
| 20 | by the Department of Environmental Protection for certain |
| 21 | pesticides under certain conditions; amending s. 487.163, |
| 22 | F.S.; requiring the Department of Agriculture and Consumer |
| 23 | Services to enter into an agreement with the Department of |
| 24 | Environmental Protection for the uniform regulation of |
| 25 | pesticides applied to the waters of the state; amending s. |
| 26 | 573.112, F.S.; providing that the Citrus Research and |
| 27 | Development Foundation shall provide advice to the |
| 28 | Department of Agriculture and Consumer Services with |
| 29 | respect to citrus research marketing orders, conduct |
| 30 | citrus research, and perform other duties assigned by the |
| 31 | department; amending s. 573.118, F.S.; providing for the |
| 32 | deposit of certain agricultural assessments; revising the |
| 33 | assessment rate on citrus fruit; amending s. 581.031, |
| 34 | F.S.; expanding the type of research projects that may be |
| 35 | conducted by the Department of Agriculture and Consumer |
| 36 | Services; amending s. 601.07, F.S.; revising the location |
| 37 | of the executive offices of the Department of Citrus; |
| 38 | requiring the department and representatives of the state |
| 39 | pest control industry to submit a report to the |
| 40 | Legislature; requiring that the report include |
| 41 | recommendations for changes in the law to provide for |
| 42 | disciplinary action against licensees of the pest control |
| 43 | industry under certain circumstances; providing that the |
| 44 | report may also address additional issues of concern to |
| 45 | the department and members of the industry; providing an |
| 46 | effective date. |
| 47 |
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| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
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| 50 | Section 1. Paragraph (b) of subsection (3) and paragraph |
| 51 | (c) of subsection (6) of section 193.461, Florida Statutes, are |
| 52 | amended to read: |
| 53 | 193.461 Agricultural lands; classification and assessment; |
| 54 | mandated eradication or quarantine program.- |
| 55 | (3) |
| 56 | (b) Subject to the restrictions specified set out in this |
| 57 | section, only lands that which are used primarily for bona fide |
| 58 | agricultural purposes shall be classified agricultural. The term |
| 59 | "bona fide agricultural purposes" means good faith commercial |
| 60 | agricultural use of the land. |
| 61 | 1. In determining whether the use of the land for |
| 62 | agricultural purposes is bona fide, the following factors may be |
| 63 | taken into consideration: |
| 64 | a.1. The length of time the land has been so used. |
| 65 | b.2. Whether the use has been continuous. |
| 66 | c.3. The purchase price paid. |
| 67 | d.4. Size, as it relates to specific agricultural use, but |
| 68 | in no event shall a minimum acreage may not be required for |
| 69 | agricultural assessment. |
| 70 | e.5. Whether an indicated effort has been made to care |
| 71 | sufficiently and adequately for the land in accordance with |
| 72 | accepted commercial agricultural practices, including, without |
| 73 | limitation, fertilizing, liming, tilling, mowing, reforesting, |
| 74 | and other accepted agricultural practices. |
| 75 | f.6. Whether the such land is under lease and, if so, the |
| 76 | effective length, terms, and conditions of the lease. |
| 77 | g.7. Such other factors as may from time to time become |
| 78 | applicable. |
| 79 | 2. Offering property for sale does not constitute a |
| 80 | primary use of land and may not be the basis for denying an |
| 81 | agricultural classification if the land continues to be used |
| 82 | primarily for bona fide agricultural purposes while it is being |
| 83 | offered for sale. |
| 84 | (6) |
| 85 | (c)1. For purposes of the income methodology approach to |
| 86 | assessment of property used for agricultural purposes, |
| 87 | irrigation systems, including pumps and motors, physically |
| 88 | attached to the land shall be considered a part of the average |
| 89 | yields per acre and shall have no separately assessable |
| 90 | contributory value. |
| 91 | 2. Litter containment structures located on producing |
| 92 | poultry farms and animal waste nutrient containment structures |
| 93 | located on producing dairy farms shall be assessed by the |
| 94 | methodology described in subparagraph 1. |
| 95 | 3. Structures or improvements used in horticultural |
| 96 | production for frost or freeze protection, which structures or |
| 97 | improvements are consistent with the Department of Agriculture |
| 98 | and Consumer Services' interim measures or best management |
| 99 | practices adopted pursuant to s. 570.085 or s. 403.067(7)(c), |
| 100 | shall be assessed by the methodology described in subparagraph |
| 101 | 1. |
| 102 | Section 2. The amendment by this act to s. 193.461(3)(b), |
| 103 | Florida Statutes, is remedial and clarifying in nature and |
| 104 | applies retroactively to all parcels for which a final court |
| 105 | order has not yet been entered as of the effective date of this |
| 106 | act. |
| 107 | Section 3. Subsections (4) and (9) of section 369.20, |
| 108 | Florida Statutes, are amended to read: |
| 109 | 369.20 Florida Aquatic Weed Control Act.- |
| 110 | (4) The commission shall also promote, develop, and |
| 111 | support research activities directed toward the more effective |
| 112 | and efficient control of aquatic plants. In the furtherance of |
| 113 | this purpose, the commission may is authorized to: |
| 114 | (a) Accept donations and grants of funds and services from |
| 115 | both public and private sources; |
| 116 | (b) Contract or enter into agreements with public or |
| 117 | private agencies or corporations for research and development of |
| 118 | aquatic plant control methods or for the performance of aquatic |
| 119 | plant control activities. The commission may enter into an |
| 120 | agreement with the Department of Environmental Protection to |
| 121 | ensure that pesticides applied to the waters of the state are |
| 122 | regulated uniformly, including provisions for the coordination |
| 123 | of agency staff and resources, through the implementation of |
| 124 | permitting, compliance, and enforcement activities under ss. |
| 125 | 403.088 and 403.0885; |
| 126 | (c) Construct, acquire, operate, and maintain facilities |
| 127 | and equipment; and |
| 128 | (d) Enter upon, or authorize the entry upon, private |
| 129 | property for purposes of making surveys and examinations and to |
| 130 | engage in aquatic plant control activities; and such entry shall |
| 131 | not be deemed a trespass. |
| 132 | (9) A permit issued pursuant to this section for The |
| 133 | application of herbicides to waters of in the state for the |
| 134 | control of aquatic plants, algae, or invasive exotic plants is |
| 135 | exempt from the requirement to obtain a water pollution |
| 136 | operation permit except as provided in ss. pursuant to s. |
| 137 | 403.088 and 403.0885. |
| 138 | Section 4. Subsection (1) of section 403.088, Florida |
| 139 | Statutes, is amended to read: |
| 140 | 403.088 Water pollution operation permits; conditions.- |
| 141 | (1) No person, Without the written authorization of the |
| 142 | department, a person may not shall discharge any waste into the |
| 143 | waters of within the state any waste which, by itself or in |
| 144 | combination with the wastes of other sources, reduces the |
| 145 | quality of the receiving waters below the classification |
| 146 | established for such waters them. However, this section does |
| 147 | shall not be deemed to prohibit the application of pesticides to |
| 148 | such waters in the state for the control of insects, aquatic |
| 149 | weeds, or algae, or other pests if provided the application is |
| 150 | performed in accordance with this section. |
| 151 | (a) Upon execution of the agreement required in s. |
| 152 | 487.163(3), the department may develop a permit or other |
| 153 | authorization as required by 33 U.S.C. s. 1342 for the |
| 154 | application of pesticides. A person must obtain such permit or |
| 155 | other authorization before applying pesticides to the waters of |
| 156 | the state. |
| 157 | (b) In consultation with the Department of Agriculture and |
| 158 | Consumer Services and the Fish and Wildlife Conservation |
| 159 | Commission, the department shall also develop a general permit |
| 160 | under s. 403.0885(2), for the application of pesticides. |
| 161 | (c) The department shall also enter into agreements with |
| 162 | the Department of Agriculture and Consumer Services pursuant to |
| 163 | a program approved by the Department of Health, in the case of |
| 164 | insect or other pest control, and with or the Fish and Wildlife |
| 165 | Conservation Commission, in the case of aquatic weed, other |
| 166 | aquatic pests, or algae control. The department is directed to |
| 167 | enter into interagency agreements to establish the procedures |
| 168 | for program approval. Such agreements must shall provide for |
| 169 | public health, welfare, and safety, as well as |
| 170 | factors, and must ensure that pesticides applied |
| 171 | the state are regulated uniformly, including provisions for the |
| 172 | coordination of agency staff and resources, through the |
| 173 | implementation of permitting, compliance, and enforcement |
| 174 | activities under s. 403.0885 and this section. Pesticides that |
| 175 | are Approved programs must provide that only chemicals approved |
| 176 | for a the particular use by the United States Environmental |
| 177 | Protection Agency or by the Department of Agriculture and |
| 178 | Consumer Services may be employed and that they be applied in |
| 179 | accordance with registered label instructions, state standards |
| 180 | for such application, including any permit or other |
| 181 | authorization required by this subsection, and the provisions of |
| 182 | the Florida Pesticide Law, part I of chapter 487, are allowed a |
| 183 | temporary deviation from the acute toxicity provisions of the |
| 184 | department's rule establishing surface water quality standards, |
| 185 | not to exceed the time necessary to control the target pests and |
| 186 | only if the application does not reduce the quality of the |
| 187 | receiving waters below the classification for such waters and is |
| 188 | not likely to adversely affect any threatened or endangered |
| 189 | species. |
| 190 | Section 5. Subsection (3) is added to section 487.163, |
| 191 | Florida Statutes, to read: |
| 192 | 487.163 Information; interagency cooperation.- |
| 193 | (3) The department shall enter into an agreement with the |
| 194 | Department of Environmental Protection to ensure that pesticides |
| 195 | applied to waters of the state are regulated uniformly, |
| 196 | including provisions for the coordination of agency staff and |
| 197 | resources, through the implementation of permitting, compliance, |
| 198 | and enforcement activities under ss. 403.088 and 403.0885. |
| 199 | Section 6. Subsection (7) is added to section 573.112, |
| 200 | Florida Statutes, to read: |
| 201 | 573.112 Advisory council.- |
| 202 | (7) Notwithstanding any provision of this section, the |
| 203 | Citrus Research and Development Foundation, Inc., a direct- |
| 204 | support organization of the University of Florida established |
| 205 | pursuant to s. 1004.28, shall serve as the advisory council for |
| 206 | a citrus research marketing order, provide the department with |
| 207 | advice on administering the order, and, in accordance with the |
| 208 | order, conduct citrus research and perform other duties assigned |
| 209 | by the department. Notwithstanding s. 1004.28(3), the |
| 210 | foundation's board of directors shall be composed of 13 members, |
| 211 | including 10 citrus growers, 2 representatives of the |
| 212 | university's Institute of Food and Agricultural Sciences, and 1 |
| 213 | member appointed by the Commissioner of Agriculture. |
| 214 | Section 7. Subsections (1) and (6) of section 573.118, |
| 215 | Florida Statutes, are amended to read: |
| 216 | 573.118 Assessment; funds; audit; loans.- |
| 217 | (1) To provide funds to defray the necessary expenses |
| 218 | incurred by the department in the formulation, issuance, |
| 219 | administration, and enforcement of any marketing order, every |
| 220 | person engaged in the production, distributing, or handling of |
| 221 | agricultural commodities within this state, and directly |
| 222 | affected by any marketing order, shall pay to the department, at |
| 223 | such times and in such installments as the department may |
| 224 | prescribe, such person's pro rata share of necessary expenses. |
| 225 | Each person's share of expenses shall be that proportion which |
| 226 | the total volume of agricultural commodities produced, |
| 227 | distributed, or handled by the person during the current |
| 228 | marketing season, or part thereof covered by such marketing |
| 229 | order, is of the total volume of the commodities produced, |
| 230 | distributed, or handled by all such persons during the same |
| 231 | current marketing season or part thereof. The department, after |
| 232 | receiving the recommendations of the advisory council, shall fix |
| 233 | the rate of assessment on the volume of agricultural commodities |
| 234 | sold or some other equitable basis. For convenience of |
| 235 | collection, upon request of the department, handlers of the |
| 236 | commodities shall pay any producer assessments. Handlers paying |
| 237 | assessments for and on behalf of any producers may shall, at |
| 238 | their discretion, collect the producer assessments from any |
| 239 | moneys owed by the handlers to the producers. The collected |
| 240 | assessments shall be deposited into the appropriate General |
| 241 | Inspection trust fund and shall be used for the sole purpose of |
| 242 | implementing the marketing order for which the assessment was |
| 243 | collected. The department is not subject to the procedures found |
| 244 | in s. 287.057 in the expenditure of these funds. However, the |
| 245 | director of the Division of Marketing and Development shall file |
| 246 | with the internal auditor of the department a certification of |
| 247 | conditions and circumstances justifying each contract or |
| 248 | agreement entered into without competitive bidding. |
| 249 | (6) An Any assessment levied upon citrus fruit under this |
| 250 | section may not exceed the rate established in the marketing |
| 251 | order and shall be at a rate not to exceed 1 cent per standard- |
| 252 | packed box of citrus fruit grown and placed into the primary |
| 253 | channel of trade in this state. All revenues from such |
| 254 | assessment collected by the department shall be deposited into |
| 255 | the Citrus Inspection Trust Fund. |
| 256 | Section 8. Subsection (32) of section 581.031, Florida |
| 257 | Statutes, is amended to read: |
| 258 | 581.031 Department; powers and duties.-The department has |
| 259 | the following powers and duties: |
| 260 | (32) To The Department of Agriculture and Consumer |
| 261 | Services shall conduct or cause to be conducted those research |
| 262 | projects on citrus diseases, including, but not limited to, |
| 263 | citrus canker and citrus greening, which are recommended by the |
| 264 | Florida Citrus Production Research and Development Foundation, |
| 265 | Inc. Advisory Council, within the limits of appropriations made |
| 266 | specifically for such purpose. |
| 267 | Section 9. Section 601.07, Florida Statutes, is amended to |
| 268 | read: |
| 269 | 601.07 Location of executive offices.-The executive |
| 270 | offices of the Department of Citrus shall be established and |
| 271 | maintained at Bartow Lakeland. |
| 272 | Section 10. The Department of Agriculture and Consumer |
| 273 | Services shall meet with duly authorized representatives of |
| 274 | established organizations representing the state's pest control |
| 275 | industry and shall prepare and submit a report to the President |
| 276 | of the Senate, the Speaker of the House of Representatives, the |
| 277 | chair of the Senate Committee on Agriculture, and the chair of |
| 278 | the House Committee on Agribusiness by January 1, 2011. The |
| 279 | report shall include recommended amendments to chapter 482, |
| 280 | Florida Statutes, that provide for disciplinary action to be |
| 281 | taken against licensees who violate laws or rules pertaining to |
| 282 | the pretreatment of soil to protect newly constructed homes, |
| 283 | pest control at sensitive facilities such as schools and nursing |
| 284 | homes, and the fumigation of existing homes for protection |
| 285 | against termite damage, thereby providing additional safeguards |
| 286 | for consumers. The report may also address other issues of |
| 287 | concern to the department and to members of the industry, such |
| 288 | as changes to requirements for professional liability insurance |
| 289 | coverage or the amount of bond required, duties and |
| 290 | responsibilities of a certified operator, issuance of a |
| 291 | centralized pest control service center license, and limited |
| 292 | certification for commercial wildlife management personnel. |
| 293 | Section 11. This act shall take effect July 1, 2010. |