April 09, 2020
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_h7159__
HB 7159

1
A bill to be entitled
2An act relating to citrus disease management; amending s.
3581.184, F.S; requiring the Department of Agriculture and
4Consumer Services to implement a citrus health plan for
5certain purposes; eliminating the authority of the
6department to remove and destroy certain citrus trees;
7deleting definitions and provisions relating to immediate
8final orders, notice to property owners, rulemaking
9authority, and the posting of certain orders, to conform;
10requiring certain law enforcement officers to maintain
11order under certain circumstances involving the citrus
12canker disease management process; creating s. 581.1843,
13F.S.; making it unlawful to propagate certain citrus
14nursery stock on or after January 1, 2007, at sites and
15under certain conditions not approved by the department;
16providing exceptions; providing rulemaking authority;
17specifying regulation of certain varieties of citrus
18plants; providing exceptions; requiring the department to
19establish certain regulated areas around commercial citrus
20nurseries; providing exceptions; providing for notice to
21property owners by immediate final order prior to removal
22of certain citrus trees; providing an appeal process for
23an immediate final order; providing for preemption to the
24state to regulate the removal and destruction of certain
25citrus plants; requiring the department to relocate
26certain trees to certain locations; amending s. 581.1845,
27F.S.; requiring certain compensation claims to be filed by
28December 31, 2007; providing for the expiration of
29compensation claims not filed prior to January 1, 2008;
30amending ss. 120.80, 348.0008, 933.02, and 933.40, F.S.;
31deleting provisions and cross-references, to conform;
32providing appropriations; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Section 581.184, Florida Statutes, is amended
37to read:
38     581.184  Adoption of rules; citrus disease management
39canker eradication; voluntary destruction agreements.--
40     (1)  The department shall adopt by rule, pursuant to ss.
41120.536(1) and 120.54, and implement a comprehensive citrus
42health plan to minimize the impact of exotic citrus pests and
43diseases to citrus production and to allow for the orderly
44marketing of citrus fruit in other states and countries. As used
45in this section, the term:
46     (a)  "Infected or infested" means citrus trees harboring
47the citrus canker bacteria and exhibiting visible symptoms of
48the disease.
49     (b)  "Exposed to infection" means citrus trees located
50within 1,900 feet of an infected tree.
51     (2)(a)  The department shall remove and destroy all
52infected citrus trees and all citrus trees exposed to infection.
53The department may destroy, by chipping, trees removed pursuant
54to this section. Notice of the removal of such trees, by
55immediate final order, shall be provided to the owner of the
56property on which such trees are located. An immediate final
57order issued by the department pursuant to this section shall
58notify the property owner that the citrus trees that are the
59subject of the immediate final order will be removed and
60destroyed unless the property owner, no later than 10 days after
61delivery of the immediate final order pursuant to subsection
62(3), requests and obtains a stay of the immediate final order
63from the district court of appeal with jurisdiction to review
64such requests. The property owner shall not be required to seek
65a stay of the immediate final order by the department prior to
66seeking the stay from the district court of appeal.
67     (2)(b)  Regulation of the removal or destruction of citrus
68trees pursuant to this section is hereby preempted to the state.
69No county, municipal, or other local ordinance or other
70regulation that would otherwise impose requirements,
71restrictions, or conditions upon the department or its
72contractors with respect to the removal or destruction of citrus
73trees pursuant to this section shall be enforceable against the
74department or its contractors.
75     (3)  Any immediate final order issued by the department
76pursuant to this section:
77     (a)  May be delivered in person, by certified mail, or by
78attaching the order to a conspicuous place on the property on
79which a citrus tree to be removed is located.
80     (b)  Is not required to be adopted by the department as a
81rule.
82     (4)  Simultaneously with the delivery of an immediate final
83order, the department shall also provide the following
84information to a property owner:
85     (a)  The physical location of the infected tree which has
86necessitated removal and destruction of the property owner's
87tree.
88     (b)  The diagnostic report that resulted in the
89determination that the infected tree is infected with the citrus
90canker.
91     (3)(5)  The department shall is directed to adopt rules,
92pursuant to ss. 120.536(1) and 120.54, regarding the conditions
93under which citrus plants, other than those that are infected or
94exposed to infection, can be grown, moved, and planted in this
95state as may be necessary for the eradication, control, or
96prevention of the dissemination of citrus diseases canker. Such
97rules shall be in effect for any period during which, in the
98judgment of the Commissioner of Agriculture, there is the threat
99of the spread of citrus diseases canker disease in the state.
100Such rules may provide for the conduct of any activity regulated
101by such rules subject to an agreement by persons wishing to
102engage in such activity to voluntarily destroy, at their own
103expense, citrus plants declared by the department to be
104imminently dangerous by reason of being infected or infested
105with citrus canker or exposed to infection and likely to
106communicate same. The terms of such agreement may also require
107the destruction of healthy plants under specified conditions.
108Any such destruction shall be done after reasonable notice in a
109manner pursuant to and under conditions set forth in the
110agreement. Such agreements may include releases and waivers of
111liability and may require the agreement of other persons.
112     (4)(6)  The department shall develop by rule, pursuant to
113ss. 120.536(1) and 120.54, a statewide program of
114decontamination to prevent and limit the spread of citrus canker
115disease. Such program shall address the application of
116decontamination procedures and practices to all citrus plants
117and plant products, vehicles, equipment, machinery, tools,
118objects, and persons who could in any way spread or aid in the
119spreading of citrus canker in this state. In order to prevent
120contamination of soil and water, such rules shall be developed
121in consultation with the Department of Environmental Protection.
122The department may develop compliance and other agreements which
123it determines can aid in the carrying out of the purposes of
124this section, and enter into such agreements with any person or
125entity.
126     (5)(7)  Owners or and/or operators of nonproduction
127vehicles and equipment shall follow the department guidelines
128for citrus canker decontamination effective June 15, 2000. The
129department shall publish the guidelines in the Florida
130Administrative Weekly and on the department Internet website.
131The guidelines shall be posted no later than May 15, 2000.
132     (6)(8)  Notwithstanding any provision of law, the
133Department of Environmental Protection is not authorized to
134institute proceedings against any person under the provisions of
135s. 376.307(5) to recover any costs or damages associated with
136contamination of soil or water, or the evaluation, assessment,
137or remediation of contamination of soil or water, including
138sampling, analysis, and restoration of soil or potable water
139supplies, where the contamination of soil or water is determined
140to be the result of a program of decontamination to prevent and
141limit the spread of citrus canker disease pursuant to rules
142developed under this section. This subsection does not limit
143regulatory authority under a federally delegated or approved
144program.
145     (7)(9)  Upon request of the department, the sheriff or
146chief law enforcement officer of each county in the state shall
147provide assistance in obtaining access to private property for
148the purpose of enforcing the provisions of this section. The
149sheriff or chief law enforcement officer shall be responsible
150for maintaining public order during the citrus disease
151management eradication process and protecting the safety of
152department employees, representatives, and agents charged with
153implementing and enforcing the provisions of this section. The
154department may reimburse the sheriff or chief law enforcement
155officer for the reasonable costs of implementing the provisions
156of this subsection.
157     (10)  Posting of an order on the property on which citrus
158trees are to be cut pursuant to the citrus canker eradication
159program shall meet the notice requirement of s. 120.569(1).
160     Section 2.  Section 581.1843, Florida Statutes, is created
161to read:
162     581.1843  Citrus nursery stock propagation and production
163and the establishment of regulated areas around citrus
164nurseries.--
165     (1)  As used in this section the term "commercial citrus
166grove" means a solid set planting of 40 or more citrus trees.
167     (2)  Effective January 1, 2007, it is unlawful for any
168person to propagate for sale or movement any citrus nursery
169stock that was not propagated or grown on a site and within a
170protective structure approved by the department and that is not
171at least 1 mile away from commercial citrus groves. A citrus
172nursery registered with the department prior to April 1, 2006,
173shall not be required to comply with the 1-mile setback from
174commercial citrus groves while continuously operating at the
175same location for which it was registered. However, the nursery
176shall be required to propagate citrus within a protective
177structure approved by the department. Effective January 1, 2008,
178it shall be unlawful to distribute any citrus nursery stock that
179was not produced in a protective structure approved by the
180department.
181     (3)  The department shall adopt rules pursuant to ss.
182120.536(1) and 120.54 that set forth the conditions under which
183citrus nursery stock can be propagated, grown, sold, or moved
184and the specifications for the approved site and protective
185structure.
186     (4)  Under the provisions of this chapter, the department
187shall adopt rules that are consistent with scientific findings
188and recommendations of the Citrus Budwood Technical Advisory
189Committee to regulate all genera of the Rutaceous subfamilies
190Aurantioideae, Rutoideae, and Toddalioideae that pose a threat
191of introducing or spreading a citrus plant pest.
192     (5)  The department shall establish regulated areas around
193the perimeter of commercial citrus nurseries that were
194established on sites after April 1, 2006, not to exceed a radius
195of 1 mile. The planting of citrus in an established regulated
196area is prohibited. The planting of citrus within a 1-mile
197radius of commercial citrus nurseries that were established on
198sites prior to April 1, 2006, must be approved by the
199department. Citrus plants planted within a regulated area prior
200to the establishment of the regulated area may remain in the
201regulated area unless the department determines the citrus
202plants to be infected or infested with citrus canker or citrus
203greening. The department shall require the removal of infected
204or infested citrus, nonapproved planted citrus, and citrus that
205has sprouted by natural means in regulated areas. The property
206owner shall be responsible for the removal of citrus planted
207without proper approval. Notice of the removal of citrus trees,
208by immediate final order of the department, shall be provided to
209the owner of the property on which the trees are located. An
210immediate final order issued by the department under this
211section shall notify the property owner that the citrus trees,
212which are the subject of the immediate final order, must be
213removed and destroyed unless the property owner, no later than
21410 days after delivery of the immediate final order, requests
215and obtains a stay of the immediate final order from the
216district court of appeal with jurisdiction to review such
217requests. The property owner shall not be required to seek a
218stay from the department of the immediate final order prior to
219seeking a stay from the district court of appeal.
220     (6)  Regulation of the removal or destruction of citrus
221plants under this section is preempted to the state. No county,
222municipal, or other local ordinance or other regulation that
223would otherwise impose requirements, restrictions, or conditions
224upon the department or its contractors with respect to the
225removal or destruction of citrus trees under this section shall
226be enforceable against the department or its contractors.
227     (7)  The department shall relocate foundation source trees
228maintained by the Division of Plant Industry from various
229locations, including those in Dundee and Winter Haven, to
230protective structures at the Division of Forestry nursery in
231Chiefland or to other protective sites located a minimum of 10
232miles from any commercial citrus grove. The department is
233authorized to expend existing funds from its Contracts and
234Grants Trust Fund for this purpose.
235     Section 3.  Subsection (6) is added to section 581.1845,
236Florida Statutes, to read:
237     581.1845  Citrus canker eradication; compensation to
238homeowners whose trees have been removed.--
239     (6)  Any claim for compensation under this section or under
240the Shade Dade or Shade Florida programs must be filed with the
241department no later than December 31, 2007. Effective January 1,
2422008, all unfiled claims shall expire.
243     Section 4.  Paragraph (c) of subsection (2) of section
244120.80, Florida Statutes, is amended to read:
245     120.80  Exceptions and special requirements; agencies.--
246     (2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
247     (c)  The provisions of ss. 120.54 and 120.56 shall not
248apply to any statement or action by the department in
249furtherance of its duties pursuant to s. 581.184(2).
250     Section 5.  Subsection (2) of section 348.0008, Florida
251Statutes, is amended to read:
252     348.0008  Acquisition of lands and property.--
253     (2)  An authority and its authorized agents, contractors,
254and employees are authorized to enter upon any lands, waters,
255and premises, upon giving reasonable notice to the landowner,
256for the purpose of making surveys, soundings, drillings,
257appraisals, environmental assessments including phase I and
258phase II environmental surveys, archaeological assessments, and
259such other examinations as are necessary for the acquisition of
260private or public property and property rights, including rights
261of access, air, view, and light, by gift, devise, purchase, or
262condemnation by eminent domain proceedings or as are necessary
263for the authority to perform its duties and functions; and any
264such entry shall not be deemed a trespass or an entry that would
265constitute a taking in an eminent domain proceeding. An
266expressway authority shall make reimbursement for any actual
267damage to such lands, water, and premises as a result of such
268activities. Any entry authorized by this subsection shall be in
269compliance with the premises protections and landowner liability
270provisions contained in s. ss. 472.029 and 581.184.
271     Section 6.  Section 933.02, Florida Statutes, is amended to
272read:
273     933.02  Grounds for issuance of search warrant.--Upon
274proper affidavits being made, a search warrant may be issued
275under the provisions of this chapter upon any of the following
276grounds:
277     (1)  When the property shall have been stolen or embezzled
278in violation of law;
279     (2)  When any property shall have been used:
280     (a)  As a means to commit any crime;,
281     (b)  In connection with gambling, gambling implements and
282appliances;, or
283     (c)  In violation of s. 847.011 or other laws in reference
284to obscene prints and literature;
285     (3)  When any property constitutes evidence relevant to
286proving that a felony has been committed;
287     (4)  When any property is being held or possessed:
288     (a)  In violation of any of the laws prohibiting the
289manufacture, sale, and transportation of intoxicating liquors;,
290or
291     (b)  In violation of the fish and game laws;, or
292     (c)  In violation of the laws relative to food and drug;,
293or
294     (d)  In violation of the laws relative to citrus disease a
295quarantine for citrus canker pursuant to ss. s. 581.184 and
296581.1845, or
297     (e)  Which may be inspected, treated, seized, or destroyed
298pursuant to s. 581.184; or
299     (5)  When the laws in relation to cruelty to animals, as
300provided in chapter 828, have been or are violated in any
301particular building or place.
302
303This section also applies to any papers or documents used as a
304means of or in aid of the commission of any offense against the
305laws of the state.
306     Section 7.  Paragraph (f) of subsection (1) and paragraph
307(b) of subsection (3) of section 933.40, Florida Statutes, are
308amended to read:
309     933.40  Agriculture warrants.--
310     (1)  As used in this section:
311     (f)  "Plant pest" means any plant pest, noxious weed, or
312arthropod declared a nuisance by the department pursuant to s.
313581.031(6), or any plant infected or exposed to infection as
314defined in s. 581.184(1).
315     (3)  An agriculture warrant shall be issued only upon
316probable cause. In determining the existence of probable cause
317for the issuance of one or more agriculture warrants, one or
318more of the following findings may be sufficient to support a
319determination of probable cause:
320     (b)  Under all of the circumstances set forth in the
321affidavit, there is a fair probability the property subject to
322the agriculture warrant:
323     1.  Contains a plant pest;
324     2.  Is located in an area which may reasonably be suspected
325of being infested or infected with a plant pest due to its
326proximity to a known infestation, or if it is reasonably exposed
327to infestation;
328     3.  Is located in a Section in which the department has
329diagnosed the presence of one or more plants infected with
330citrus canker as defined in s. 581.184(1)(a) or is located in a
331Section adjacent thereto;
332     3.4.  Contains animals affected with any animal pest or
333which have been exposed to and are liable to spread the animal
334pest; or
335     4.5.  Contains any other property that is liable to convey
336an animal pest.
337     Section 8.  The sum of $10,220,920 is appropriated from the
338Agricultural Emergency Eradication Trust Fund to the Department
339of Agriculture and Consumer Services, and the sum of $16,706,310
340is appropriated from the Contracts and Grants Trust Fund to the
341Department of Agriculture and Consumer Services, for the 2006-
3422007 fiscal year to implement the provisions of ss. 581.184,
343581.1843, and 581.1845, Florida Statutes, as amended by this
344act.
345     Section 9.  This act shall take effect upon becoming a law.


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