March 30, 2020
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_h7159c1
HB 7159CS

CHAMBER ACTION




1The Agriculture & Environment Appropriations Committee
2recommends the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to agriculture; amending s. 193.461, F.S.;
8revising criteria for agricultural lands taken out of
9production by any state or federal eradication or
10quarantine program; amending s. 581.184, F.S; requiring
11the Department of Agriculture and Consumer Services to
12implement a citrus health plan for certain purposes;
13eliminating the authority of the department to remove and
14destroy certain citrus trees; deleting definitions and
15provisions relating to immediate final orders, notice to
16property owners, rulemaking authority, and the posting of
17certain orders, to conform; requiring certain law
18enforcement officers to maintain order under certain
19circumstances involving the citrus canker disease
20management process; creating s. 581.1843, F.S.; making it
21unlawful to propagate certain citrus nursery stock on or
22after January 1, 2007, at sites and under certain
23conditions not approved by the department; providing
24exceptions; providing rulemaking authority; specifying
25regulation of certain varieties of citrus plants;
26providing exceptions; requiring the department to
27establish certain regulated areas around commercial citrus
28nurseries; providing exceptions; providing for notice to
29property owners by immediate final order prior to removal
30of certain citrus trees; providing an appeal process for
31an immediate final order; providing for preemption to the
32state to regulate the removal and destruction of certain
33citrus plants; requiring the department to relocate
34certain trees to certain locations; amending s. 581.1845,
35F.S.; requiring certain compensation claims to be filed by
36December 31, 2007; providing for the expiration of
37compensation claims not filed prior to January 1, 2008;
38providing for payment of claims by specified funding;
39providing for future repeal; amending ss. 120.80,
40348.0008, 933.02, and 933.40, F.S.; deleting provisions
41and cross-references, to conform; amending s. 11.062, F.S;
42providing an exception to the prohibition against the use
43of state funds by certain state agencies to employ
44lobbyists under certain circumstances; providing an
45effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Subsection (7) of section 193.461, Florida
50Statutes, is amended to read:
51     193.461  Agricultural lands; classification and assessment;
52mandated eradication or quarantine program.--
53     (7)  Lands classified for assessment purposes as
54agricultural lands which are taken out of production by any
55state or federal eradication or quarantine program shall
56continue to be classified as agricultural lands for the duration
57of such program or successor programs. Lands under these
58programs which are converted to fallow, or otherwise nonincome-
59producing uses shall continue to be classified as agricultural
60lands and shall be assessed at a de minimis value of no more
61than $50 per acre, on a single year assessment methodology;
62however, lands converted to other income-producing agricultural
63uses permissible under such programs shall be assessed pursuant
64to this section. Land under a mandated eradication or quarantine
65program which is diverted from an agricultural to a
66nonagricultural use shall be assessed under the provisions of s.
67193.011.
68     Section 2.  Section 581.184, Florida Statutes, is amended
69to read:
70     581.184  Adoption of rules; citrus disease management
71canker eradication; voluntary destruction agreements.--
72     (1)  The department shall adopt by rule, pursuant to ss.
73120.536(1) and 120.54, and implement a comprehensive citrus
74health plan to minimize the impact of exotic citrus pests and
75diseases to citrus production and to allow for the orderly
76marketing of citrus fruit in other states and countries. As used
77in this section, the term:
78     (a)  "Infected or infested" means citrus trees harboring
79the citrus canker bacteria and exhibiting visible symptoms of
80the disease.
81     (b)  "Exposed to infection" means citrus trees located
82within 1,900 feet of an infected tree.
83     (2)(a)  The department shall remove and destroy all
84infected citrus trees and all citrus trees exposed to infection.
85The department may destroy, by chipping, trees removed pursuant
86to this section. Notice of the removal of such trees, by
87immediate final order, shall be provided to the owner of the
88property on which such trees are located. An immediate final
89order issued by the department pursuant to this section shall
90notify the property owner that the citrus trees that are the
91subject of the immediate final order will be removed and
92destroyed unless the property owner, no later than 10 days after
93delivery of the immediate final order pursuant to subsection
94(3), requests and obtains a stay of the immediate final order
95from the district court of appeal with jurisdiction to review
96such requests. The property owner shall not be required to seek
97a stay of the immediate final order by the department prior to
98seeking the stay from the district court of appeal.
99     (2)(b)  Regulation of the removal or destruction of citrus
100trees pursuant to this section is hereby preempted to the state.
101No county, municipal, or other local ordinance or other
102regulation that would otherwise impose requirements,
103restrictions, or conditions upon the department or its
104contractors with respect to the removal or destruction of citrus
105trees pursuant to this section shall be enforceable against the
106department or its contractors.
107     (3)  Any immediate final order issued by the department
108pursuant to this section:
109     (a)  May be delivered in person, by certified mail, or by
110attaching the order to a conspicuous place on the property on
111which a citrus tree to be removed is located.
112     (b)  Is not required to be adopted by the department as a
113rule.
114     (4)  Simultaneously with the delivery of an immediate final
115order, the department shall also provide the following
116information to a property owner:
117     (a)  The physical location of the infected tree which has
118necessitated removal and destruction of the property owner's
119tree.
120     (b)  The diagnostic report that resulted in the
121determination that the infected tree is infected with the citrus
122canker.
123     (3)(5)  The department shall is directed to adopt rules,
124pursuant to ss. 120.536(1) and 120.54, regarding the conditions
125under which citrus plants, other than those that are infected or
126exposed to infection, can be grown, moved, and planted in this
127state as may be necessary for the eradication, control, or
128prevention of the dissemination of citrus diseases canker. Such
129rules shall be in effect for any period during which, in the
130judgment of the Commissioner of Agriculture, there is the threat
131of the spread of citrus diseases canker disease in the state.
132Such rules may provide for the conduct of any activity regulated
133by such rules subject to an agreement by persons wishing to
134engage in such activity to voluntarily destroy, at their own
135expense, citrus plants declared by the department to be
136imminently dangerous by reason of being infected or infested
137with citrus canker or exposed to infection and likely to
138communicate same. The terms of such agreement may also require
139the destruction of healthy plants under specified conditions.
140Any such destruction shall be done after reasonable notice in a
141manner pursuant to and under conditions set forth in the
142agreement. Such agreements may include releases and waivers of
143liability and may require the agreement of other persons.
144     (4)(6)  The department shall develop by rule, pursuant to
145ss. 120.536(1) and 120.54, a statewide program of
146decontamination to prevent and limit the spread of citrus canker
147disease. Such program shall address the application of
148decontamination procedures and practices to all citrus plants
149and plant products, vehicles, equipment, machinery, tools,
150objects, and persons who could in any way spread or aid in the
151spreading of citrus canker in this state. In order to prevent
152contamination of soil and water, such rules shall be developed
153in consultation with the Department of Environmental Protection.
154The department may develop compliance and other agreements which
155it determines can aid in the carrying out of the purposes of
156this section, and enter into such agreements with any person or
157entity.
158     (5)(7)  Owners or and/or operators of nonproduction
159vehicles and equipment shall follow the department guidelines
160for citrus canker decontamination effective June 15, 2000. The
161department shall publish the guidelines in the Florida
162Administrative Weekly and on the department Internet website.
163The guidelines shall be posted no later than May 15, 2000.
164     (6)(8)  Notwithstanding any provision of law, the
165Department of Environmental Protection is not authorized to
166institute proceedings against any person under the provisions of
167s. 376.307(5) to recover any costs or damages associated with
168contamination of soil or water, or the evaluation, assessment,
169or remediation of contamination of soil or water, including
170sampling, analysis, and restoration of soil or potable water
171supplies, where the contamination of soil or water is determined
172to be the result of a program of decontamination to prevent and
173limit the spread of citrus canker disease pursuant to rules
174developed under this section. This subsection does not limit
175regulatory authority under a federally delegated or approved
176program.
177     (7)(9)  Upon request of the department, the sheriff or
178chief law enforcement officer of each county in the state shall
179provide assistance in obtaining access to private property for
180the purpose of enforcing the provisions of this section. The
181sheriff or chief law enforcement officer shall be responsible
182for maintaining public order during the citrus disease
183management eradication process and protecting the safety of
184department employees, representatives, and agents charged with
185implementing and enforcing the provisions of this section. The
186department may reimburse the sheriff or chief law enforcement
187officer for the reasonable costs of implementing the provisions
188of this subsection.
189     (10)  Posting of an order on the property on which citrus
190trees are to be cut pursuant to the citrus canker eradication
191program shall meet the notice requirement of s. 120.569(1).
192     Section 3.  Section 581.1843, Florida Statutes, is created
193to read:
194     581.1843  Citrus nursery stock propagation and production
195and the establishment of regulated areas around citrus
196nurseries.--
197     (1)  As used in this section the term "commercial citrus
198grove" means a solid set planting of 40 or more citrus trees.
199     (2)  Effective January 1, 2007, it is unlawful for any
200person to propagate for sale or movement any citrus nursery
201stock that was not propagated or grown on a site and within a
202protective structure approved by the department and that is not
203at least 1 mile away from commercial citrus groves. A citrus
204nursery registered with the department prior to April 1, 2006,
205shall not be required to comply with the 1-mile setback from
206commercial citrus groves while continuously operating at the
207same location for which it was registered. However, the nursery
208shall be required to propagate citrus within a protective
209structure approved by the department. Effective January 1, 2008,
210it shall be unlawful to distribute any citrus nursery stock that
211was not produced in a protective structure approved by the
212department.
213     (3)  The department shall adopt rules pursuant to ss.
214120.536(1) and 120.54 that set forth the conditions under which
215citrus nursery stock can be propagated, grown, sold, or moved
216and the specifications for the approved site and protective
217structure.
218     (4)  Under the provisions of this chapter, the department
219shall adopt rules that are consistent with scientific findings
220and recommendations of the Citrus Budwood Technical Advisory
221Committee to regulate all genera of the Rutaceous subfamilies
222Aurantioideae, Rutoideae, and Toddalioideae that pose a threat
223of introducing or spreading a citrus plant pest.
224     (5)  The department shall establish regulated areas around
225the perimeter of commercial citrus nurseries that were
226established on sites after April 1, 2006, not to exceed a radius
227of 1 mile. The planting of citrus in an established regulated
228area is prohibited. The planting of citrus within a 1-mile
229radius of commercial citrus nurseries that were established on
230sites prior to April 1, 2006, must be approved by the
231department. Citrus plants planted within a regulated area prior
232to the establishment of the regulated area may remain in the
233regulated area unless the department determines the citrus
234plants to be infected or infested with citrus canker or citrus
235greening. The department shall require the removal of infected
236or infested citrus, nonapproved planted citrus, and citrus that
237has sprouted by natural means in regulated areas. The property
238owner shall be responsible for the removal of citrus planted
239without proper approval. Notice of the removal of citrus trees,
240by immediate final order of the department, shall be provided to
241the owner of the property on which the trees are located. An
242immediate final order issued by the department under this
243section shall notify the property owner that the citrus trees,
244which are the subject of the immediate final order, must be
245removed and destroyed unless the property owner, no later than
24610 days after delivery of the immediate final order, requests
247and obtains a stay of the immediate final order from the
248district court of appeal with jurisdiction to review such
249requests. The property owner shall not be required to seek a
250stay from the department of the immediate final order prior to
251seeking a stay from the district court of appeal.
252     (6)  Regulation of the removal or destruction of citrus
253plants under this section is preempted to the state. No county,
254municipal, or other local ordinance or other regulation that
255would otherwise impose requirements, restrictions, or conditions
256upon the department or its contractors with respect to the
257removal or destruction of citrus trees under this section shall
258be enforceable against the department or its contractors.
259     (7)  The department shall relocate foundation source trees
260maintained by the Division of Plant Industry from various
261locations, including those in Dundee and Winter Haven, to
262protective structures at the Division of Forestry nursery in
263Chiefland or to other protective sites located a minimum of 10
264miles from any commercial citrus grove. The department is
265authorized to expend existing funds from its Contracts and
266Grants Trust Fund for this purpose.
267     Section 4.  Subsection (1) of section 581.1845, Florida
268Statutes, is amended, and subsections (6) and (7) are added to
269that section, to read:
270     581.1845  Citrus canker eradication; compensation to
271homeowners whose trees have been removed.--
272     (1)  The Department of Agriculture and Consumer Services
273shall provide compensation to eligible homeowners whose citrus
274trees have been removed under a citrus canker eradication
275program. Funds to pay this compensation may be derived from both
276state and federal matching sources and shall be specifically
277appropriated by law. Eligible homeowners shall be compensated
278subject to the availability of appropriated funds specifically
279appropriated in fiscal year 2006-2007 or prior fiscal years for
280that purpose.
281     (6)  Any claim for compensation under this section or under
282the Shade Dade or Shade Florida programs must be filed with the
283department no later than December 31, 2007. Effective January 1,
2842008, all unfiled claims shall expire.
285     (7)  This section expires July 1, 2008.
286     Section 5.  Paragraph (c) of subsection (2) of section
287120.80, Florida Statutes, is amended to read:
288     120.80  Exceptions and special requirements; agencies.--
289     (2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
290     (c)  The provisions of ss. 120.54 and 120.56 shall not
291apply to any statement or action by the department in
292furtherance of its duties pursuant to s. 581.184(2).
293     Section 6.  Subsection (2) of section 348.0008, Florida
294Statutes, is amended to read:
295     348.0008  Acquisition of lands and property.--
296     (2)  An authority and its authorized agents, contractors,
297and employees are authorized to enter upon any lands, waters,
298and premises, upon giving reasonable notice to the landowner,
299for the purpose of making surveys, soundings, drillings,
300appraisals, environmental assessments including phase I and
301phase II environmental surveys, archaeological assessments, and
302such other examinations as are necessary for the acquisition of
303private or public property and property rights, including rights
304of access, air, view, and light, by gift, devise, purchase, or
305condemnation by eminent domain proceedings or as are necessary
306for the authority to perform its duties and functions; and any
307such entry shall not be deemed a trespass or an entry that would
308constitute a taking in an eminent domain proceeding. An
309expressway authority shall make reimbursement for any actual
310damage to such lands, water, and premises as a result of such
311activities. Any entry authorized by this subsection shall be in
312compliance with the premises protections and landowner liability
313provisions contained in s. ss. 472.029 and 581.184.
314     Section 7.  Section 933.02, Florida Statutes, is amended to
315read:
316     933.02  Grounds for issuance of search warrant.--Upon
317proper affidavits being made, a search warrant may be issued
318under the provisions of this chapter upon any of the following
319grounds:
320     (1)  When the property shall have been stolen or embezzled
321in violation of law;
322     (2)  When any property shall have been used:
323     (a)  As a means to commit any crime;,
324     (b)  In connection with gambling, gambling implements and
325appliances;, or
326     (c)  In violation of s. 847.011 or other laws in reference
327to obscene prints and literature;
328     (3)  When any property constitutes evidence relevant to
329proving that a felony has been committed;
330     (4)  When any property is being held or possessed:
331     (a)  In violation of any of the laws prohibiting the
332manufacture, sale, and transportation of intoxicating liquors;,
333or
334     (b)  In violation of the fish and game laws;, or
335     (c)  In violation of the laws relative to food and drug;,
336or
337     (d)  In violation of the laws relative to citrus disease a
338quarantine for citrus canker pursuant to ss. s. 581.184 and
339581.1845, or
340     (e)  Which may be inspected, treated, seized, or destroyed
341pursuant to s. 581.184; or
342     (5)  When the laws in relation to cruelty to animals, as
343provided in chapter 828, have been or are violated in any
344particular building or place.
345
346This section also applies to any papers or documents used as a
347means of or in aid of the commission of any offense against the
348laws of the state.
349     Section 8.  Paragraph (f) of subsection (1) and paragraph
350(b) of subsection (3) of section 933.40, Florida Statutes, are
351amended to read:
352     933.40  Agriculture warrants.--
353     (1)  As used in this section:
354     (f)  "Plant pest" means any plant pest, noxious weed, or
355arthropod declared a nuisance by the department pursuant to s.
356581.031(6), or any plant infected or exposed to infection as
357defined in s. 581.184(1).
358     (3)  An agriculture warrant shall be issued only upon
359probable cause. In determining the existence of probable cause
360for the issuance of one or more agriculture warrants, one or
361more of the following findings may be sufficient to support a
362determination of probable cause:
363     (b)  Under all of the circumstances set forth in the
364affidavit, there is a fair probability the property subject to
365the agriculture warrant:
366     1.  Contains a plant pest;
367     2.  Is located in an area which may reasonably be suspected
368of being infested or infected with a plant pest due to its
369proximity to a known infestation, or if it is reasonably exposed
370to infestation;
371     3.  Is located in a Section in which the department has
372diagnosed the presence of one or more plants infected with
373citrus canker as defined in s. 581.184(1)(a) or is located in a
374Section adjacent thereto;
375     3.4.  Contains animals affected with any animal pest or
376which have been exposed to and are liable to spread the animal
377pest; or
378     4.5.  Contains any other property that is liable to convey
379an animal pest.
380     Section 9.  Subsection (3) is added to section 11.062,
381Florida Statutes, to read:
382     11.062  Use of state funds for lobbying prohibited;
383penalty.--
384     (3)  Notwithstanding any other provision of law, the
385prohibitions contained in this section shall not apply to a
386state agency established under s. 20.29, provided that no
387general revenue funds are expended for lobbying purposes.
388     Section 10.  This act shall take effect upon becoming a
389law.


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