May 22, 2019
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CS/HB 981

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;
6amending s. 369.20, F.S.; authorizing the Fish and
7Wildlife Conservation Commission to enter into an
8agreement with the Department of Environmental Protection
9for the uniform regulation of pesticides applied to waters
10of the state; revising exemptions from water pollution
11permits; amending s. 403.088, F.S.; providing permits for
12applying pesticides to the waters of the state; requiring
13the Department of Environmental Protection to enter into
14agreements with the Department of Agriculture and Consumer
15Services and the commission for the uniform regulation of
16pesticides applied to the waters of the state; exempting
17certain pesticides from certain provisions of rules
18adopted by the Department of Environmental Protection;
19amending s. 487.163, F.S.; requiring the Department of
20Agriculture and Consumer Services to enter into an
21agreement with the Department of Environmental Protection
22for the uniform regulation of pesticides applied to the
23waters of the state; amending s. 573.112, F.S.; providing
24that the Citrus Research and Development Foundation shall
25provide advice to the Department of Agriculture and
26Consumer Services with respect to citrus research
27marketing orders, conduct citrus research, and perform
28other duties assigned by the department; amending s.
29573.118, F.S.; providing for the deposit of certain
30agricultural assessments; revising the assessment rate on
31citrus fruit; amending s. 581.031, F.S.; expanding the
32type of research projects that may be conducted by the
33Department of Agriculture and Consumer Services; amending
34s. 601.07, F.S.; revising the location of the executive
35offices of the Department of Citrus; providing an
36effective date.
38Be It Enacted by the Legislature of the State of Florida:
40     Section 1.  Paragraph (b) of subsection (3) of section
41193.461, Florida Statutes, is amended to read:
42     193.461  Agricultural lands; classification and assessment;
43mandated eradication or quarantine program.-
44     (3)
45     (b)  Subject to the restrictions specified set out in this
46section, only lands that which are used primarily for bona fide
47agricultural purposes shall be classified agricultural. The term
48"bona fide agricultural purposes" means good faith commercial
49agricultural use of the land.
50     1.  In determining whether the use of the land for
51agricultural purposes is bona fide, the following factors may be
52taken into consideration:
53     a.1.  The length of time the land has been so used.
54     b.2.  Whether the use has been continuous.
55     c.3.  The purchase price paid.
56     d.4.  Size, as it relates to specific agricultural use, but
57in no event shall a minimum acreage may not be required for
58agricultural assessment.
59     e.5.  Whether an indicated effort has been made to care
60sufficiently and adequately for the land in accordance with
61accepted commercial agricultural practices, including, without
62limitation, fertilizing, liming, tilling, mowing, reforesting,
63and other accepted agricultural practices.
64     f.6.  Whether the such land is under lease and, if so, the
65effective length, terms, and conditions of the lease.
66     g.7.  Such other factors as may from time to time become
68     2.  Offering property for sale does not constitute a
69primary use of land and may not be the basis for denying an
70agricultural classification if the land continues to be used
71primarily for bona fide agricultural purposes while it is being
72offered for sale.
73     Section 2.  The amendment by this act to s. 193.461(3)(b),
74Florida Statutes, is remedial and clarifying in nature and
75applies retroactively to all parcels for which a final court
76order has not yet been entered as of the effective date of this
78     Section 3.  Subsections (4) and (9) of section 369.20,
79Florida Statutes, are amended to read:
80     369.20  Florida Aquatic Weed Control Act.-
81     (4)  The commission shall also promote, develop, and
82support research activities directed toward the more effective
83and efficient control of aquatic plants. In the furtherance of
84this purpose, the commission may is authorized to:
85     (a)  Accept donations and grants of funds and services from
86both public and private sources;
87     (b)  Contract or enter into agreements with public or
88private agencies or corporations for research and development of
89aquatic plant control methods or for the performance of aquatic
90plant control activities. The commission may enter into an
91agreement with the Department of Environmental Protection to
92ensure that pesticides applied to the waters of the state are
93regulated uniformly, including provisions for the coordination
94of agency staff and resources, through the implementation of
95permitting, compliance, and enforcement activities under ss.
96403.088 and 403.0885;
97     (c)  Construct, acquire, operate, and maintain facilities
98and equipment; and
99     (d)  Enter upon, or authorize the entry upon, private
100property for purposes of making surveys and examinations and to
101engage in aquatic plant control activities; and such entry shall
102not be deemed a trespass.
103     (9)  A permit issued pursuant to this section for The
104application of herbicides to waters of in the state for the
105control of aquatic plants, algae, or invasive exotic plants is
106exempt from the requirement to obtain a water pollution
107operation permit except as provided in ss. pursuant to s.
108403.088 and 403.0885.
109     Section 4.  Subsection (1) of section 403.088, Florida
110Statutes, is amended to read:
111     403.088  Water pollution operation permits; conditions.-
112     (1)  No person, Without the written authorization of the
113department, a person may not shall discharge any waste into the
114waters of within the state any waste which, by itself or in
115combination with the wastes of other sources, reduces the
116quality of the receiving waters below the classification
117established for such waters them. However, this section does
118shall not be deemed to prohibit the application of pesticides to
119such waters in the state for the control of insects, aquatic
120weeds, or algae, or other pests if provided the application is
121performed in accordance with any of the following:
122     (a)  Upon execution of the agreement provided in s.
123487.163(3), the department may develop a permit or other
124authorization as required by 33 U.S.C. s. 1342 for the
125application of pesticides. A person must obtain such permit or
126other authorization before applying pesticides to the waters of
127the state.
128     (b)  In consultation with the Department of Agriculture and
129Consumer Services and the Fish and Wildlife Conservation
130Commission, the department shall also develop a general permit
131under s. 403.0885(2), for the application of pesticides.
132     (c)  The department shall also enter into agreements with
133the Department of Agriculture and Consumer Services pursuant to
134a program approved by the Department of Health, in the case of
135insect or other pest control, and with or the Fish and Wildlife
136Conservation Commission, in the case of aquatic weed, other
137aquatic pests, or algae control. The department is directed to
138enter into interagency agreements to establish the procedures
139for program approval. Such agreements must shall provide for
140public health, welfare, and safety, as well as environmental
141factors, and must ensure that pesticides applied to waters of
142the state are regulated uniformly, including provisions for the
143coordination of agency staff and resources, through the
144implementation of permitting, compliance, and enforcement
145activities under s. 403.0885 and this section. Pesticides that
146are Approved programs must provide that only chemicals approved
147for a the particular use by the United States Environmental
148Protection Agency or by the Department of Agriculture and
149Consumer Services may be employed and that they be applied in
150accordance with registered label instructions, state standards
151for such application, including any permit or other
152authorization required by this subsection, and the provisions of
153the Florida Pesticide Law, part I of chapter 487, are not
154subject to the provisions of rules adopted by the department
155under this chapter which prohibit the surface waters of the
156state from containing acutely toxic components of discharges.
157     Section 5.  Subsection (3) is added to section 487.163,
158Florida Statutes, to read:
159     487.163  Information; interagency cooperation.-
160     (3)  The department shall enter into an agreement with the
161Department of Environmental Protection to ensure that pesticides
162applied to waters of the state are regulated uniformly,
163including provisions for the coordination of agency staff and
164resources, through the implementation of permitting, compliance,
165and enforcement activities under ss. 403.088 and 403.0885.
166     Section 6.  Subsection (7) is added to section 573.112,
167Florida Statutes, to read:
168     573.112  Advisory council.-
169     (7)  Notwithstanding any provision of this section, the
170Citrus Research and Development Foundation, Inc., a direct-
171support organization of the University of Florida established
172pursuant to s. 1004.28, shall serve as the advisory council for
173a citrus research marketing order, provide the department with
174advice on administering the order, and, in accordance with the
175order, conduct citrus research and perform other duties assigned
176by the department. Notwithstanding s. 1004.28(3), the
177foundation's board of directors shall be composed of 13 members,
178including 10 citrus growers, 2 representatives of the
179university's Institute of Food and Agricultural Sciences, and 1
180member appointed by the Commissioner of Agriculture.
181     Section 7.  Subsections (1) and (6) of section 573.118,
182Florida Statutes, are amended to read:
183     573.118  Assessment; funds; audit; loans.-
184     (1)  To provide funds to defray the necessary expenses
185incurred by the department in the formulation, issuance,
186administration, and enforcement of any marketing order, every
187person engaged in the production, distributing, or handling of
188agricultural commodities within this state, and directly
189affected by any marketing order, shall pay to the department, at
190such times and in such installments as the department may
191prescribe, such person's pro rata share of necessary expenses.
192Each person's share of expenses shall be that proportion which
193the total volume of agricultural commodities produced,
194distributed, or handled by the person during the current
195marketing season, or part thereof covered by such marketing
196order, is of the total volume of the commodities produced,
197distributed, or handled by all such persons during the same
198current marketing season or part thereof. The department, after
199receiving the recommendations of the advisory council, shall fix
200the rate of assessment on the volume of agricultural commodities
201sold or some other equitable basis. For convenience of
202collection, upon request of the department, handlers of the
203commodities shall pay any producer assessments. Handlers paying
204assessments for and on behalf of any producers may shall, at
205their discretion, collect the producer assessments from any
206moneys owed by the handlers to the producers. The collected
207assessments shall be deposited into the appropriate General
208Inspection trust fund and shall be used for the sole purpose of
209implementing the marketing order for which the assessment was
210collected. The department is not subject to the procedures found
211in s. 287.057 in the expenditure of these funds. However, the
212director of the Division of Marketing and Development shall file
213with the internal auditor of the department a certification of
214conditions and circumstances justifying each contract or
215agreement entered into without competitive bidding.
216     (6)  An Any assessment levied upon citrus fruit under this
217section may not exceed the rate established in the marketing
218order and shall be at a rate not to exceed 1 cent per standard-
219packed box of citrus fruit grown and placed into the primary
220channel of trade in this state. All revenues from such
221assessment collected by the department shall be deposited into
222the Citrus Inspection Trust Fund.
223     Section 8.  Subsection (32) of section 581.031, Florida
224Statutes, is amended to read:
225     581.031  Department; powers and duties.-The department has
226the following powers and duties:
227     (32)  To The Department of Agriculture and Consumer
228Services shall conduct or cause to be conducted those research
229projects on citrus diseases, including, but not limited to,
230citrus canker and citrus greening, which are recommended by the
231Florida Citrus Production Research and Development Foundation,
232Inc. Advisory Council, within the limits of appropriations made
233specifically for such purpose.
234     Section 9.  Section 601.07, Florida Statutes, is amended to
236     601.07  Location of executive offices.-The executive
237offices of the Department of Citrus shall be established and
238maintained at Bartow Lakeland.
239     Section 10.  This act shall take effect July 1, 2010.

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