August 06, 2020
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CS/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;
6providing the methodology for assessing certain
7agricultural improvements, structures, or equipment
8located on agricultural land and used for specified
9purposes; amending s. 369.20, F.S.; authorizing the Fish
10and Wildlife Conservation Commission to enter into an
11agreement with the Department of Environmental Protection
12for the uniform regulation of pesticides applied to waters
13of the state; revising exemptions from water pollution
14permits; amending s. 403.088, F.S.; providing permits for
15applying pesticides to the waters of the state; requiring
16the Department of Environmental Protection to enter into
17agreements with the Department of Agriculture and Consumer
18Services and the commission for the uniform regulation of
19pesticides applied to the waters of the state; authorizing
20temporary deviations from certain provisions of rules
21adopted by the Department of Environmental Protection for
22certain pesticides under certain conditions; amending s.
23487.163, F.S.; requiring the Department of Agriculture and
24Consumer Services to enter into an agreement with the
25Department of Environmental Protection for the uniform
26regulation of pesticides applied to the waters of the
27state; amending s. 573.112, F.S.; providing that the
28Citrus Research and Development Foundation shall provide
29advice to the Department of Agriculture and Consumer
30Services with respect to citrus research marketing orders,
31conduct citrus research, and perform other duties assigned
32by the department; amending s. 573.118, F.S.; providing
33for the deposit of certain agricultural assessments;
34revising the assessment rate on citrus fruit; amending s.
35581.031, F.S.; expanding the type of research projects
36that may be conducted by the Department of Agriculture and
37Consumer Services; amending s. 601.07, F.S.; revising the
38location of the executive offices of the Department of
39Citrus; providing an effective date.
41Be It Enacted by the Legislature of the State of Florida:
43     Section 1.  Paragraph (b) of subsection (3) and paragraph
44(c) of subsection (6) of section 193.461, Florida Statutes, are
45amended to read:
46     193.461  Agricultural lands; classification and assessment;
47mandated eradication or quarantine program.-
48     (3)
49     (b)  Subject to the restrictions specified set out in this
50section, only lands that which are used primarily for bona fide
51agricultural purposes shall be classified agricultural. The term
52"bona fide agricultural purposes" means good faith commercial
53agricultural use of the land.
54     1.  In determining whether the use of the land for
55agricultural purposes is bona fide, the following factors may be
56taken into consideration:
57     a.1.  The length of time the land has been so used.
58     b.2.  Whether the use has been continuous.
59     c.3.  The purchase price paid.
60     d.4.  Size, as it relates to specific agricultural use, but
61in no event shall a minimum acreage may not be required for
62agricultural assessment.
63     e.5.  Whether an indicated effort has been made to care
64sufficiently and adequately for the land in accordance with
65accepted commercial agricultural practices, including, without
66limitation, fertilizing, liming, tilling, mowing, reforesting,
67and other accepted agricultural practices.
68     f.6.  Whether the such land is under lease and, if so, the
69effective length, terms, and conditions of the lease.
70     g.7.  Such other factors as may from time to time become
72     2.  Offering property for sale does not constitute a
73primary use of land and may not be the basis for denying an
74agricultural classification if the land continues to be used
75primarily for bona fide agricultural purposes while it is being
76offered for sale.
77     (6)
78     (c)1.  For purposes of the income methodology approach to
79assessment of property used for agricultural purposes,
80irrigation systems, including pumps and motors, physically
81attached to the land shall be considered a part of the average
82yields per acre and shall have no separately assessable
83contributory value.
84     2.  Litter containment structures located on producing
85poultry farms and animal waste nutrient containment structures
86located on producing dairy farms shall be assessed by the
87methodology described in subparagraph 1.
88     3.  Agricultural improvements, structures, or equipment
89located on land classified as agricultural land pursuant to s.
90193.461 and used as a natural resource conservation practice or
91to implement state-adopted best-management practices shall be
92assessed by the methodology described in subparagraph 1.
93     Section 2.  The amendment by this act to s. 193.461(3)(b),
94Florida Statutes, is remedial and clarifying in nature and
95applies retroactively to all parcels for which a final court
96order has not yet been entered as of the effective date of this
98     Section 3.  Subsections (4) and (9) of section 369.20,
99Florida Statutes, are amended to read:
100     369.20  Florida Aquatic Weed Control Act.-
101     (4)  The commission shall also promote, develop, and
102support research activities directed toward the more effective
103and efficient control of aquatic plants. In the furtherance of
104this purpose, the commission may is authorized to:
105     (a)  Accept donations and grants of funds and services from
106both public and private sources;
107     (b)  Contract or enter into agreements with public or
108private agencies or corporations for research and development of
109aquatic plant control methods or for the performance of aquatic
110plant control activities. The commission may enter into an
111agreement with the Department of Environmental Protection to
112ensure that pesticides applied to the waters of the state are
113regulated uniformly, including provisions for the coordination
114of agency staff and resources, through the implementation of
115permitting, compliance, and enforcement activities under ss.
116403.088 and 403.0885;
117     (c)  Construct, acquire, operate, and maintain facilities
118and equipment; and
119     (d)  Enter upon, or authorize the entry upon, private
120property for purposes of making surveys and examinations and to
121engage in aquatic plant control activities; and such entry shall
122not be deemed a trespass.
123     (9)  A permit issued pursuant to this section for The
124application of herbicides to waters of in the state for the
125control of aquatic plants, algae, or invasive exotic plants is
126exempt from the requirement to obtain a water pollution
127operation permit except as provided in ss. pursuant to s.
128403.088 and 403.0885.
129     Section 4.  Subsection (1) of section 403.088, Florida
130Statutes, is amended to read:
131     403.088  Water pollution operation permits; conditions.-
132     (1)  No person, Without the written authorization of the
133department, a person may not shall discharge any waste into the
134waters of within the state any waste which, by itself or in
135combination with the wastes of other sources, reduces the
136quality of the receiving waters below the classification
137established for such waters them. However, this section does
138shall not be deemed to prohibit the application of pesticides to
139such waters in the state for the control of insects, aquatic
140weeds, or algae, or other pests if provided the application is
141performed in accordance with this section.
142     (a)  Upon execution of the agreement required in s.
143487.163(3), the department may develop a permit or other
144authorization as required by 33 U.S.C. s. 1342 for the
145application of pesticides. A person must obtain such permit or
146other authorization before applying pesticides to the waters of
147the state.
148     (b)  In consultation with the Department of Agriculture and
149Consumer Services and the Fish and Wildlife Conservation
150Commission, the department shall also develop a general permit
151under s. 403.0885(2), for the application of pesticides.
152     (c)  The department shall also enter into agreements with
153the Department of Agriculture and Consumer Services pursuant to
154a program approved by the Department of Health, in the case of
155insect or other pest control, and with or the Fish and Wildlife
156Conservation Commission, in the case of aquatic weed, other
157aquatic pests, or algae control. The department is directed to
158enter into interagency agreements to establish the procedures
159for program approval. Such agreements must shall provide for
160public health, welfare, and safety, as well as environmental
161factors, and must ensure that pesticides applied to waters of
162the state are regulated uniformly, including provisions for the
163coordination of agency staff and resources, through the
164implementation of permitting, compliance, and enforcement
165activities under s. 403.0885 and this section. Pesticides that
166are Approved programs must provide that only chemicals approved
167for a the particular use by the United States Environmental
168Protection Agency or by the Department of Agriculture and
169Consumer Services may be employed and that they be applied in
170accordance with registered label instructions, state standards
171for such application, including any permit or other
172authorization required by this subsection, and the provisions of
173the Florida Pesticide Law, part I of chapter 487, are allowed a
174temporary deviation from the acute toxicity provisions of rule
17562-302.500, Florida Administrative Code, not to exceed the time
176necessary to control the target pests and only if the
177application does not reduce the quality of the receiving waters
178below the classification for such waters and is not likely to
179adversely affect any threatened or endangered species.
180     Section 5.  Subsection (3) is added to section 487.163,
181Florida Statutes, to read:
182     487.163  Information; interagency cooperation.-
183     (3)  The department shall enter into an agreement with the
184Department of Environmental Protection to ensure that pesticides
185applied to waters of the state are regulated uniformly,
186including provisions for the coordination of agency staff and
187resources, through the implementation of permitting, compliance,
188and enforcement activities under ss. 403.088 and 403.0885.
189     Section 6.  Subsection (7) is added to section 573.112,
190Florida Statutes, to read:
191     573.112  Advisory council.-
192     (7)  Notwithstanding any provision of this section, the
193Citrus Research and Development Foundation, Inc., a direct-
194support organization of the University of Florida established
195pursuant to s. 1004.28, shall serve as the advisory council for
196a citrus research marketing order, provide the department with
197advice on administering the order, and, in accordance with the
198order, conduct citrus research and perform other duties assigned
199by the department. Notwithstanding s. 1004.28(3), the
200foundation's board of directors shall be composed of 13 members,
201including 10 citrus growers, 2 representatives of the
202university's Institute of Food and Agricultural Sciences, and 1
203member appointed by the Commissioner of Agriculture.
204     Section 7.  Subsections (1) and (6) of section 573.118,
205Florida Statutes, are amended to read:
206     573.118  Assessment; funds; audit; loans.-
207     (1)  To provide funds to defray the necessary expenses
208incurred by the department in the formulation, issuance,
209administration, and enforcement of any marketing order, every
210person engaged in the production, distributing, or handling of
211agricultural commodities within this state, and directly
212affected by any marketing order, shall pay to the department, at
213such times and in such installments as the department may
214prescribe, such person's pro rata share of necessary expenses.
215Each person's share of expenses shall be that proportion which
216the total volume of agricultural commodities produced,
217distributed, or handled by the person during the current
218marketing season, or part thereof covered by such marketing
219order, is of the total volume of the commodities produced,
220distributed, or handled by all such persons during the same
221current marketing season or part thereof. The department, after
222receiving the recommendations of the advisory council, shall fix
223the rate of assessment on the volume of agricultural commodities
224sold or some other equitable basis. For convenience of
225collection, upon request of the department, handlers of the
226commodities shall pay any producer assessments. Handlers paying
227assessments for and on behalf of any producers may shall, at
228their discretion, collect the producer assessments from any
229moneys owed by the handlers to the producers. The collected
230assessments shall be deposited into the appropriate General
231Inspection trust fund and shall be used for the sole purpose of
232implementing the marketing order for which the assessment was
233collected. The department is not subject to the procedures found
234in s. 287.057 in the expenditure of these funds. However, the
235director of the Division of Marketing and Development shall file
236with the internal auditor of the department a certification of
237conditions and circumstances justifying each contract or
238agreement entered into without competitive bidding.
239     (6)  An Any assessment levied upon citrus fruit under this
240section may not exceed the rate established in the marketing
241order and shall be at a rate not to exceed 1 cent per standard-
242packed box of citrus fruit grown and placed into the primary
243channel of trade in this state. All revenues from such
244assessment collected by the department shall be deposited into
245the Citrus Inspection Trust Fund.
246     Section 8.  Subsection (32) of section 581.031, Florida
247Statutes, is amended to read:
248     581.031  Department; powers and duties.-The department has
249the following powers and duties:
250     (32)  To The Department of Agriculture and Consumer
251Services shall conduct or cause to be conducted those research
252projects on citrus diseases, including, but not limited to,
253citrus canker and citrus greening, which are recommended by the
254Florida Citrus Production Research and Development Foundation,
255Inc. Advisory Council, within the limits of appropriations made
256specifically for such purpose.
257     Section 9.  Section 601.07, Florida Statutes, is amended to
259     601.07  Location of executive offices.-The executive
260offices of the Department of Citrus shall be established and
261maintained at Bartow Lakeland.
262     Section 10.  This act shall take effect July 1, 2010.

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