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The Florida Senate

1998 Florida Statutes

602.035  Schedule of compensation.--The categories of citrus nursery plants set out below were established by the Citrus Canker Indemnity Group. The definitions and descriptions in the 1984 report of the Citrus Canker Indemnity Group shall apply to the categories in this act. The tree survival factors represent the average percentage of original planted trees reaching sale after allowances for culling or death.

(1)  The Legislature establishes the following values to provide presumptive full and fair compensation for the citrus nursery plants destroyed in the Citrus Canker Eradication Program as a result of the nursery strain of citrus canker:

(a)  Field grown seedling ....... $0.155

(b)  Field grown liner ....... $0.277

(c)  Greenhouse seedling ....... $0.234

(d)  Greenhouse liner ....... $0.532

(e)  One-gallon container ....... $2.999

(f)  Two-gallon container ....... $3.90

(g)  Three-gallon container ....... $5.90

(h)  Reset ....... $7.48

(i)  The presumptive value for a field grown budded plant shall be determined from the following table by the intersection of the row indicating the month and year during which the plants were destroyed and the column indicating the number of months that had elapsed between the date on which the plants were budded and the date of destruction.

Field Grown Budded Plant Value Table
(in Dollars)
Months Elapsed Since Budding
Burn Date 0-3 4-6 7-9 10-12 13-15 16 or more
Jun 84 1.208 1.602 1.997 2.391 2.786 3.180
Jul 84 1.212 1.608 2.004 2.400 2.796 3.192
Aug 84 1.216 1.613 2.010 2.407 2.804 3.201
Sep 84 1.219 1.617 2.016 2.414 2.812 3.211
Oct 84 1.224 1.624 2.023 2.423 2.823 3.223
Nov 84 1.226 1.627 2.027 2.428 2.828 3.229
Dec 84 1.228 1.630 2.031 2.433 2.834 3.235
Jan 85 1.231 1.633 2.035 2.437 2.839 3.241
Feb 85 1.237 1.641 2.045 2.449 2.853 3.257
Mar 85 1.242 1.648 2.054 2.460 2.866 3.272
Apr 85 1.247 1.655 2.062 2.469 2.877 3.284
May 85 1.249 1.658 2.066 2.474 2.882 3.290
Jun 85 1.253 1.662 2.072 2.481 2.890 3.300
Jul 85 1.255 1.665 2.075 2.486 2.896 3.306
Aug 85 1.256 1.667 2.077 2.488 2.898 3.309
Sep 85 1.259 1.670 2.081 2.492 2.904 3.315
Oct 85 1.263 1.676 2.089 2.502 2.914 3.327
Nov 85 1.270 1.685 2.100 2.516 2.931 3.346
Dec 85 1.275 1.692 2.108 2.525 2.941 3.358
Jan 86 1.280 1.698 2.116 2.534 2.952 3.370
Feb 86 1.276 1.693 2.110 2.527 2.944 3.361
Mar 86 1.270 1.685 2.100 2.516 2.931 3.346
Apr 86 1.267 1.681 2.095 2.509 2.922 3.336
May 86 1.269 1.684 2.099 2.513 2.928 3.343
Jun 86 1.274 1.690 2.106 2.522 2.939 3.355
Jul 86 1.275 1.692 2.108 2.525 2.941 3.358
Aug 86 1.276 1.693 2.110 2.527 2.944 3.361
Sep 86 1.281 1.699 2.118 2.536 2.955 3.373
Oct 86 1.283 1.702 2.122 2.541 2.960 3.379
Nov 86 1.287 1.707 2.127 2.548 2.968 3.389
Dec 86 1.289 1.710 2.131 2.552 2.974 3.395
Jan 87 1.298 1.722 2.147 2.571 2.995 3.419
Feb 87 1.303 1.729 2.154 2.580 3.006 3.431
Mar 87 1.309 1.736 2.164 2.592 3.019 3.447
Apr 87 1.315 1.744 2.174 2.603 3.033 3.462
May 87 1.319 1.750 2.181 2.612 3.043 3.474
Jun 87 1.323 1.755 2.187 2.619 3.051 3.484
Jul 87 1.326 1.760 2.193 2.626 3.059 3.493
Aug 87 1.332 1.767 2.203 2.638 3.073 3.508
Sep 87 1.334 1.770 2.206 2.642 3.078 3.514
Oct 87 1.339 1.777 2.214 2.652 3.089 3.527
Nov 87 1.344 1.783 2.222 2.661 3.100 3.539
Dec 87 1.346 1.786 2.226 2.665 3.105 3.545
Jan 88 1.352 1.794 2.235 2.677 3.119 3.560
Feb 88 1.354 1.797 2.239 2.682 3.124 3.566
Mar 88 1.359 1.803 2.247 2.691 3.135 3.579
Apr 88 1.365 1.811 2.256 2.702 3.148 3.594
May 88 1.371 1.818 2.266 2.714 3.162 3.609
Jun 88 1.375 1.824 2.274 2.723 3.172 3.622
Jul 88 1.381 1.832 2.283 2.735 3.186 3.637
Aug 88 1.386 1.838 2.291 2.744 3.196 3.649
Sep 88 1.391 1.846 2.301 2.755 3.210 3.665
Oct 88 1.397 1.854 2.310 2.767 3.223 3.680
Nov 88 1.401 1.858 2.316 2.774 3.231 3.689
Dec 88 1.405 1.865 2.324 2.783 3.242 3.701

(j)  The presumptive value for a greenhouse budded plant shall be determined from the following table by the intersection of the row indicating the month and year during which the plants were destroyed and the column indicating the number of months that had elapsed between the date on which the plants were budded and the date of destruction.

Greenhouse Budded Plant Value Table
(in Dollars)
Months Elapsed Since Budding
Burn Date 0-3 4-6 7-9 10 or more
Jun 84 1.904 2.722 3.541 3.814
Jul 84 1.911 2.733 3.555 3.829
Aug 84 1.917 2.741 3.565 3.840
Sep 84 1.922 2.749 3.575 3.851
Oct 84 1.929 2.759 3.589 3.865
Nov 84 1.933 2.764 3.596 3.873
Dec 84 1.937 2.770 3.603 3.880
Jan 85 1.940 2.775 3.609 3.888
Feb 85 1.950 2.788 3.626 3.906
Mar 85 1.959 2.801 3.644 3.924
Apr 85 1.966 2.812 3.657 3.939
May 85 1.970 2.817 3.664 3.946
Jun 85 1.975 2.825 3.674 3.957
Jul 85 1.979 2.830 3.681 3.965
Aug 85 1.981 2.833 3.685 3.968
Sep 85 1.984 2.838 3.691 3.976
Oct 85 1.992 2.848 3.705 3.991
Nov 85 2.003 2.864 3.725 4.013
Dec 85 2.010 2.875 3.739 4.027
Jan 86 2.018 2.885 3.753 4.042
Feb 86 2.012 2.877 3.743 4.031
Mar 86 2.003 2.864 3.725 4.013
Apr 86 1.997 2.856 3.715 4.002
May 86 2.001 2.862 3.722 4.009
Jun 86 2.008 2.872 3.736 4.024
Jul 86 2.010 2.875 3.739 4.027
Aug 86 2.012 2.877 3.743 4.031
Sep 86 2.019 2.888 3.756 4.046
Oct 86 2.023 2.893 3.763 4.053
Nov 86 2.029 2.901 3.773 4.064
Dec 86 2.032 2.906 3.780 4.071
Jan 87 2.047 2.927 3.807 4.101
Feb 87 2.054 2.938 3.821 4.116
Mar 87 2.063 2.951 3.838 4.134
Apr 87 2.073 2.964 3.855 4.152
May 87 2.080 2.974 3.869 4.167
Jun 87 2.085 2.982 3.879 4.178
Jul 87 2.091 2.990 3.889 4.189
Aug 87 2.100 3.003 3.906 4.208
Sep 87 2.104 3.009 3.913 4.215
Oct 87 2.111 3.019 3.927 4.230
Nov 87 2.118 3.030 3.941 4.244
Dec 87 2.122 3.035 3.947 4.252
Jan 88 2.131 3.048 3.965 4.270
Feb 88 2.135 3.053 3.971 4.277
Mar 88 2.142 3.064 3.985 4.292
Apr 88 2.152 3.077 4.002 4.311
May 88 2.161 3.090 4.019 4.329
Jun 88 2.168 3.100 4.033 4.344
Jul 88 2.177 3.114 4.050 4.362
Aug 88 2.185 3.124 4.064 4.377
Sep 88 2.194 3.137 4.081 4.395
Oct 88 2.203 3.150 4.098 4.414
Nov 88 2.208 3.158 4.108 4.425
Dec 88 2.216 3.169 4.122 4.439

(2)  The presumptive level of compensation shall be determined by multiplying the number of plants in each of the categories listed in subsection (1) that were destroyed by the average tree survival factors listed below for the appropriate type of plant, and multiplying the resulting product by the corresponding presumptive values listed in subsection (1). The following tree survival factors shall be used in establishing the presumptive level of compensation pursuant to this subsection:

(a)  Field grown seedling ....... 0.683

(b)  Field grown liner ....... 0.93

(c)  Greenhouse seedling ....... 0.62

(d)  Greenhouse liner ....... 0.97

(e)  One-gallon container ....... 1.0

(f)  Two-gallon container ....... 1.0

(g)  Three-gallon container ....... 1.0

(h)  Reset ....... 1.0

(i)  Field grown budded ....... 0.836

(j)  Greenhouse budded ....... 0.783

(3)  The presumptive values used in subsection (1) were arrived at in the following manner:

(a)  The presumptive value for a field grown seedling was arrived at by calculating the arithmetic mean of 1984 prices reported for field grown seedlings in a survey of citrus nurseries conducted by the Citrus Research and Education Center at the Institute of Food and Agricultural Sciences at the University of Florida.

(b)  The presumptive value for a field grown liner was taken from the 1984 report of the Citrus Canker Indemnity Group.

(c)  The presumptive value for a greenhouse seedling was arrived at by calculating the arithmetic mean of 1984 prices reported for greenhouse seedlings in a survey of citrus nurseries conducted by the Citrus Research and Education Center at the Institute of Food and Agricultural Sciences at the University of Florida.

(d)  The presumptive value for a greenhouse liner was taken from the 1984 report of the Citrus Canker Indemnity Group.

(e)  The presumptive value for a 1-gallon container was arrived at by multiplying the presumptive value for a 2-gallon container by the ratio of the production value of a 1-gallon container to the production value of a 2-gallon container as reported in the 1984 report of the Citrus Canker Indemnity Group.

(f)  The presumptive value for a 2-gallon container was arrived at by taking the mode of prices charged for 2-gallon containers as reported in invoices for 1984 sales provided by the Department of Citrus.

(g)  The presumptive value for a 3-gallon container was arrived at by taking the mode of prices charged for 3-gallon containers as reported in invoices for 1984 sales provided by the Department of Citrus.

(h)  The presumptive value for a reset was taken from the 1984 report of the Citrus Canker Indemnity Group.

(i)  The table of presumptive values for field grown budded plants was constructed in the following manner:

1.  The 1984 value of a newly budded plant was assigned a value of $0.813 based on the production cost of a newly budded field grown liner as reported by the 1984 report of the Citrus Canker Indemnity Group.

2.  The 1984 value of a field grown budded plant that was ready to market was assigned a value of $3.18 based on the weighted mean of sales prices of field grown budded plants, less $0.10 per plant for digging and dipping costs not incurred for destroyed plants, as reported on sales invoices which were provided by the Department of Citrus.

3.  The difference between the 1984 production cost of a newly budded liner and the 1984 value of a marketable plant was divided equally among the 18 months typically required to grow a newly budded liner to marketable size as reported in the 1984 report of the Citrus Canker Indemnity Group. The incremental cost for each month was added to the production cost of a newly budded liner to arrive at the value of a field grown budded plant for each month after budding. These values were designated as the June 1984 values on the table of field grown budded plant values.

4.  The values of plants destroyed in months subsequent to June 1984 were arrived at by adjusting the June 1984 figures for changes in the price level using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor.

5.  The number of columns in the table were then combined in the following manner: the month of budding and the 1st, 2nd, and 3rd months after budding were combined and the plant value for the 3rd month after budding was used as the presumptive plant value for purposes of subsection (1); the 4th, 5th, and 6th month after budding were combined and the plant value for the 6th month after budding was used as the presumptive plant value for purposes of subsection (1); the 7th, 8th, and 9th months were combined and the plant value for the 9th month after budding was used as the presumptive plant value for purposes of subsection (1); the 10th, 11th, and 12th months were combined and the plant value for the 12th month after budding was used as the presumptive plant value for purposes of subsection (1); the 13th, 14th, and 15th months were combined and the plant value for the 15th month after budding was used as the presumptive plant value for purposes of subsection (1); the 16th, 17th, and 18th months were combined and the plant value for the 18th month after budding was used as the presumptive plant value for purposes of subsection (1).

(j)  The table of presumptive values for greenhouse budded plants was constructed in the following manner:

1.  The 1984 value of a newly budded plant was assigned a value of $1.085 based on the production cost of a newly budded greenhouse liner as reported by the 1984 report of the Citrus Canker Indemnity Group.

2.  The 1984 value of a greenhouse budded plant that was ready to market is $3.814, which was arrived at by multiplying the 1984 value for a fully grown field grown budded plant by the ratio of the production cost of a greenhouse budded plant to the production cost of a field grown budded plant as reported in the 1984 report of the Citrus Canker Indemnity Group.

3.  The difference between the 1984 production cost of a newly budded liner and the 1984 value of a marketable plant was divided equally among the 10 months typically required to grow a newly budded liner to marketable size as reported in the 1984 report of the Citrus Canker Indemnity Group. The incremental cost for each month was added to the production cost of a newly budded liner to arrive at the value of a greenhouse budded plant for each month after budding. These values were designated as the June 1984 values on the table of greenhouse budded plant values.

4.  The values of plants destroyed in months subsequent to June 1984 were arrived at by adjusting the June 1984 figures for changes in the price level using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor.

5.  The number of columns in the table were then combined in the following manner: the month of budding and the 1st, 2nd, and 3rd months after budding were combined and the plant value for the 3rd month after budding was used as the presumptive plant value for purposes of subsection (1); the 4th, 5th, and 6th month after budding were combined and the plant value for the 6th month after budding was used as the presumptive plant value for purposes of subsection (1); the 7th, 8th, and 9th months were combined and the plant value for the 9th month after budding was used as the presumptive plant value for purposes of subsection (1).

(4)  The average tree survival factors used in this section were taken from staff paper number 281 published in June 1985 by the Food and Resource Economic Department of the Institute of Food and Agricultural Sciences at the University of Florida.

History.--s. 3, ch. 89-91; s. 3, ch. 89-542.