Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 1010 Ì638388]Î638388 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/11/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Agriculture (Galvano) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 553 and 554 4 insert: 5 Section 21. Effective upon becoming a law, section 581.189, 6 Florida Statutes, is created to read: 7 581.189 Grove Removal or Vector Elimination (GROVE) 8 Program.— 9 (1) There is created within the Department of Agriculture 10 and Consumer Services the Grove Removal or Vector Elimination 11 Program, a cost-sharing program for the removal or destruction 12 of abandoned citrus groves to eliminate the material harboring 13 the citrus disease Huanglongbing, also known as citrus greening, 14 and the vectors that spread the disease. 15 (2) For purposes of this section, the term: 16 (a) “Abandoned citrus grove” means a citrus grove that has 17 minimal or no production value and is no longer economically 18 viable as a commercial citrus grove. 19 (b) “Applicant” means the person who owns an abandoned 20 citrus grove. 21 (c) “Eligible costs” means the costs, incurred after an 22 application is selected for funding, of the removal or 23 destruction the citrus trees and the elimination of any citrus 24 greening vectors, as described in the removal or destruction 25 plan in the funded application. 26 (d) “Funded application” means an application selected for 27 cost-share funding pursuant to this section and rules adopted by 28 the department. 29 (e) “Program” means the Grove Removal or Vector Elimination 30 Program. 31 (3) The department shall adopt by rule the standards to be 32 used in reviewing and ranking applications for cost-share 33 funding under the program based on the following factors: 34 (a) The length of time the citrus groves have been 35 abandoned. 36 (b) Whether the citrus groves are located within a Citrus 37 Health Management Area. 38 (c) The proximity of the abandoned citrus groves to other 39 citrus groves currently in production. 40 (4) An applicant may submit multiple applications for the 41 program, but is eligible only for a maximum of $125,000 in 42 program cost-share funding in a given fiscal year. The 43 department may award to each funded application a cost-share of 44 up to 80 percent of eligible costs. The total amount of cost 45 share allocated under the program in each fiscal year may not 46 exceed the amount specifically appropriated for the program for 47 the fiscal year. 48 (5) An applicant seeking cost-share assistance under the 49 program must submit an application to the department by a date 50 determined by department rule. The application must include, at 51 minimum: 52 (a) The applicant’s plan to remove or destroy citrus trees 53 and any citrus greening vectors in the abandoned citrus grove. 54 (b) An affidavit from the applicant certifying that all 55 information contained in the application is true and correct. 56 (c) All information determined by rule to be necessary for 57 the department to determine eligibility for the program and rank 58 applications. 59 (6) If the department determines an application to be 60 incomplete, it may require the applicant to submit additional 61 information within 10 days after such determination is made. 62 (7) Each fiscal year, the department shall review all 63 complete applications received in accordance with its rules 64 adopted pursuant to subsection (5). For each such complete 65 submitted application, the department must rank the applications 66 in accordance with the factors specified in subsection (3) and, 67 before selecting an application for funding, must conduct an 68 inspection of the abandoned citrus grove that is the subject of 69 the application. 70 (8) The department may deny an application pursuant to 71 chapter 120 for failure to comply with this section and 72 department rules. 73 (9) If an application is selected for funding, the 74 applicant must initiate and complete the removal or destruction 75 of the citrus trees identified in the application within the 76 timeframe specified by department rule. The applicant’s failure 77 to initiate and complete the removal or destruction of the 78 identified citrus trees within the time specified by the 79 department results in the forfeiture of the cost-share funding 80 approved based on the application. Upon such occurrence, the 81 department shall notify the next eligible applicant, based upon 82 its ranking of applicants for the fiscal year, of the 83 availability of cost-share funding. Such applicant, upon 84 acceptance, may be awarded cost-share funding pursuant to this 85 section, subject to available program funds. 86 (10) Upon completion of the removal or destruction of the 87 citrus trees identified in the funded application, the applicant 88 shall present proof of payment of removal or destruction costs 89 to the department. Upon receipt of satisfactory proof of payment 90 and satisfactory proof of the removal or destruction of the 91 trees identified in the funded application, the department may 92 issue payment to the applicant for the previously approved cost 93 share amount. 94 (11) The department may adopt rules to implement and 95 administer this section, including an application process and 96 requirements, an application ranking process that is consistent 97 with the factors specified in subsection (3), and the 98 administration of cost-share funding. 99 (12) The annual awarding of funding through the program is 100 subject to specific legislative appropriation for this purpose. 101 ================= T I T L E A M E N D M E N T ================ 102 And the title is amended as follows: 103 Delete line 64 104 and insert: 105 products; creating s. 581.189, F.S.; creating the 106 Grove Removal or Vector Elimination (GROVE) Program; 107 specifying the purpose of the program; defining terms; 108 requiring the department to adopt rules for reviewing 109 and ranking applications for cost-share funding to 110 removal or destroy abandoned citrus groves; 111 establishing per applicant award maximums; specifying 112 that the total funds awarded in a fiscal year cannot 113 exceed the amount specifically appropriated for the 114 program; specifying application requirements; 115 specifying how the department must process 116 applications; specifying that noncompliance will 117 result in forfeiture of cost-share funds; requiring 118 the department to rank and review applications and to 119 conduct a certain inspection; specifying grounds for 120 denial of an application; requiring applicants 121 selected for funding to timely initiate and complete 122 the removal of identified citrus trees in accordance 123 with their respective applications; providing the 124 process for making payments to applicants; authorizing 125 the department to adopt rules; specifying that funding 126 for the program is contingent upon specific 127 appropriation by the Legislature; amending s. 582.01, 128 F.S.; redefining terms