February 17, 2020
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_h7159c2
HB 7159CS

CHAMBER ACTION




1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to agriculture; amending s. 193.461, F.S.;
7revising criteria for agricultural lands taken out of
8production by any state or federal eradication or
9quarantine program; amending s. 581.184, F.S; requiring
10the Department of Agriculture and Consumer Services to
11implement a citrus health plan for certain purposes;
12eliminating the authority of the department to remove and
13destroy certain citrus trees; deleting definitions and
14provisions relating to immediate final orders, notice to
15property owners, rulemaking authority, and the posting of
16certain orders, to conform; requiring certain law
17enforcement officers to maintain order under certain
18circumstances involving the citrus canker disease
19management process; creating s. 581.1843, F.S.; making it
20unlawful to propagate certain citrus nursery stock on or
21after January 1, 2007, at sites and under certain
22conditions not approved by the department; providing
23exceptions; providing rulemaking authority; specifying
24regulation of certain varieties of citrus plants;
25providing exceptions; requiring the department to
26establish certain regulated areas around commercial citrus
27nurseries; providing exceptions; providing for notice to
28property owners by immediate final order prior to removal
29of certain citrus trees; providing an appeal process for
30an immediate final order; providing for preemption to the
31state to regulate the removal and destruction of certain
32citrus plants; requiring the department to relocate
33certain trees to certain locations; amending s. 581.1845,
34F.S.; requiring certain compensation claims to be filed by
35December 31, 2007; providing for the expiration of
36compensation claims not filed prior to January 1, 2008;
37providing for payment of claims by specified funding;
38providing for future repeal; amending ss. 120.80,
39348.0008, 933.02, and 933.40, F.S.; deleting provisions
40and cross-references, to conform; providing an effective
41date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Subsection (7) of section 193.461, Florida
46Statutes, is amended to read:
47     193.461  Agricultural lands; classification and assessment;
48mandated eradication or quarantine program.--
49     (7)  Lands classified for assessment purposes as
50agricultural lands which are taken out of production by any
51state or federal eradication or quarantine program shall
52continue to be classified as agricultural lands for the duration
53of such program or successor programs. Lands under these
54programs which are converted to fallow, or otherwise nonincome-
55producing uses shall continue to be classified as agricultural
56lands and shall be assessed at a de minimis value of no more
57than $50 per acre, on a single year assessment methodology;
58however, lands converted to other income-producing agricultural
59uses permissible under such programs shall be assessed pursuant
60to this section. Land under a mandated eradication or quarantine
61program which is diverted from an agricultural to a
62nonagricultural use shall be assessed under the provisions of s.
63193.011.
64     Section 2.  Section 581.184, Florida Statutes, is amended
65to read:
66     581.184  Adoption of rules; citrus disease management
67canker eradication; voluntary destruction agreements.--
68     (1)  The department shall adopt by rule, pursuant to ss.
69120.536(1) and 120.54, and implement a comprehensive citrus
70health plan to minimize the impact of exotic citrus pests and
71diseases to citrus production and to allow for the orderly
72marketing of citrus fruit in other states and countries. As used
73in this section, the term:
74     (a)  "Infected or infested" means citrus trees harboring
75the citrus canker bacteria and exhibiting visible symptoms of
76the disease.
77     (b)  "Exposed to infection" means citrus trees located
78within 1,900 feet of an infected tree.
79     (2)(a)  The department shall remove and destroy all
80infected citrus trees and all citrus trees exposed to infection.
81The department may destroy, by chipping, trees removed pursuant
82to this section. Notice of the removal of such trees, by
83immediate final order, shall be provided to the owner of the
84property on which such trees are located. An immediate final
85order issued by the department pursuant to this section shall
86notify the property owner that the citrus trees that are the
87subject of the immediate final order will be removed and
88destroyed unless the property owner, no later than 10 days after
89delivery of the immediate final order pursuant to subsection
90(3), requests and obtains a stay of the immediate final order
91from the district court of appeal with jurisdiction to review
92such requests. The property owner shall not be required to seek
93a stay of the immediate final order by the department prior to
94seeking the stay from the district court of appeal.
95     (2)(b)  Regulation of the removal or destruction of citrus
96trees pursuant to this section is hereby preempted to the state.
97No county, municipal, or other local ordinance or other
98regulation that would otherwise impose requirements,
99restrictions, or conditions upon the department or its
100contractors with respect to the removal or destruction of citrus
101trees pursuant to this section shall be enforceable against the
102department or its contractors.
103     (3)  Any immediate final order issued by the department
104pursuant to this section:
105     (a)  May be delivered in person, by certified mail, or by
106attaching the order to a conspicuous place on the property on
107which a citrus tree to be removed is located.
108     (b)  Is not required to be adopted by the department as a
109rule.
110     (4)  Simultaneously with the delivery of an immediate final
111order, the department shall also provide the following
112information to a property owner:
113     (a)  The physical location of the infected tree which has
114necessitated removal and destruction of the property owner's
115tree.
116     (b)  The diagnostic report that resulted in the
117determination that the infected tree is infected with the citrus
118canker.
119     (3)(5)  The department shall is directed to adopt rules,
120pursuant to ss. 120.536(1) and 120.54, regarding the conditions
121under which citrus plants, other than those that are infected or
122exposed to infection, can be grown, moved, and planted in this
123state as may be necessary for the eradication, control, or
124prevention of the dissemination of citrus diseases canker. Such
125rules shall be in effect for any period during which, in the
126judgment of the Commissioner of Agriculture, there is the threat
127of the spread of citrus diseases canker disease in the state.
128Such rules may provide for the conduct of any activity regulated
129by such rules subject to an agreement by persons wishing to
130engage in such activity to voluntarily destroy, at their own
131expense, citrus plants declared by the department to be
132imminently dangerous by reason of being infected or infested
133with citrus canker or exposed to infection and likely to
134communicate same. The terms of such agreement may also require
135the destruction of healthy plants under specified conditions.
136Any such destruction shall be done after reasonable notice in a
137manner pursuant to and under conditions set forth in the
138agreement. Such agreements may include releases and waivers of
139liability and may require the agreement of other persons.
140     (4)(6)  The department shall develop by rule, pursuant to
141ss. 120.536(1) and 120.54, a statewide program of
142decontamination to prevent and limit the spread of citrus canker
143disease. Such program shall address the application of
144decontamination procedures and practices to all citrus plants
145and plant products, vehicles, equipment, machinery, tools,
146objects, and persons who could in any way spread or aid in the
147spreading of citrus canker in this state. In order to prevent
148contamination of soil and water, such rules shall be developed
149in consultation with the Department of Environmental Protection.
150The department may develop compliance and other agreements which
151it determines can aid in the carrying out of the purposes of
152this section, and enter into such agreements with any person or
153entity.
154     (5)(7)  Owners or and/or operators of nonproduction
155vehicles and equipment shall follow the department guidelines
156for citrus canker decontamination effective June 15, 2000. The
157department shall publish the guidelines in the Florida
158Administrative Weekly and on the department Internet website.
159The guidelines shall be posted no later than May 15, 2000.
160     (6)(8)  Notwithstanding any provision of law, the
161Department of Environmental Protection is not authorized to
162institute proceedings against any person under the provisions of
163s. 376.307(5) to recover any costs or damages associated with
164contamination of soil or water, or the evaluation, assessment,
165or remediation of contamination of soil or water, including
166sampling, analysis, and restoration of soil or potable water
167supplies, where the contamination of soil or water is determined
168to be the result of a program of decontamination to prevent and
169limit the spread of citrus canker disease pursuant to rules
170developed under this section. This subsection does not limit
171regulatory authority under a federally delegated or approved
172program.
173     (7)(9)  Upon request of the department, the sheriff or
174chief law enforcement officer of each county in the state shall
175provide assistance in obtaining access to private property for
176the purpose of enforcing the provisions of this section. The
177sheriff or chief law enforcement officer shall be responsible
178for maintaining public order during the citrus disease
179management eradication process and protecting the safety of
180department employees, representatives, and agents charged with
181implementing and enforcing the provisions of this section. The
182department may reimburse the sheriff or chief law enforcement
183officer for the reasonable costs of implementing the provisions
184of this subsection.
185     (10)  Posting of an order on the property on which citrus
186trees are to be cut pursuant to the citrus canker eradication
187program shall meet the notice requirement of s. 120.569(1).
188     Section 3.  Section 581.1843, Florida Statutes, is created
189to read:
190     581.1843  Citrus nursery stock propagation and production
191and the establishment of regulated areas around citrus
192nurseries.--
193     (1)  As used in this section the term "commercial citrus
194grove" means a solid set planting of 40 or more citrus trees.
195     (2)  Effective January 1, 2007, it is unlawful for any
196person to propagate for sale or movement any citrus nursery
197stock that was not propagated or grown on a site and within a
198protective structure approved by the department and that is not
199at least 1 mile away from commercial citrus groves. A citrus
200nursery registered with the department prior to April 1, 2006,
201shall not be required to comply with the 1-mile setback from
202commercial citrus groves while continuously operating at the
203same location for which it was registered. However, the nursery
204shall be required to propagate citrus within a protective
205structure approved by the department. Effective January 1, 2008,
206it shall be unlawful to distribute any citrus nursery stock that
207was not produced in a protective structure approved by the
208department.
209     (3)  The department shall adopt rules pursuant to ss.
210120.536(1) and 120.54 that set forth the conditions under which
211citrus nursery stock can be propagated, grown, sold, or moved
212and the specifications for the approved site and protective
213structure.
214     (4)  Under the provisions of this chapter, the department
215shall adopt rules that are consistent with scientific findings
216and recommendations of the Citrus Budwood Technical Advisory
217Committee to regulate all genera of the Rutaceous subfamilies
218Aurantioideae, Rutoideae, and Toddalioideae that pose a threat
219of introducing or spreading a citrus plant pest.
220     (5)  The department shall establish regulated areas around
221the perimeter of commercial citrus nurseries that were
222established on sites after April 1, 2006, not to exceed a radius
223of 1 mile. The planting of citrus in an established regulated
224area is prohibited. The planting of citrus within a 1-mile
225radius of commercial citrus nurseries that were established on
226sites prior to April 1, 2006, must be approved by the
227department. Citrus plants planted within a regulated area prior
228to the establishment of the regulated area may remain in the
229regulated area unless the department determines the citrus
230plants to be infected or infested with citrus canker or citrus
231greening. The department shall require the removal of infected
232or infested citrus, nonapproved planted citrus, and citrus that
233has sprouted by natural means in regulated areas. The property
234owner shall be responsible for the removal of citrus planted
235without proper approval. Notice of the removal of citrus trees,
236by immediate final order of the department, shall be provided to
237the owner of the property on which the trees are located. An
238immediate final order issued by the department under this
239section shall notify the property owner that the citrus trees,
240which are the subject of the immediate final order, must be
241removed and destroyed unless the property owner, no later than
24210 days after delivery of the immediate final order, requests
243and obtains a stay of the immediate final order from the
244district court of appeal with jurisdiction to review such
245requests. The property owner shall not be required to seek a
246stay from the department of the immediate final order prior to
247seeking a stay from the district court of appeal.
248     (6)  Regulation of the removal or destruction of citrus
249plants under this section is preempted to the state. No county,
250municipal, or other local ordinance or other regulation that
251would otherwise impose requirements, restrictions, or conditions
252upon the department or its contractors with respect to the
253removal or destruction of citrus trees under this section shall
254be enforceable against the department or its contractors.
255     (7)  The department shall relocate foundation source trees
256maintained by the Division of Plant Industry from various
257locations, including those in Dundee and Winter Haven, to
258protective structures at the Division of Forestry nursery in
259Chiefland or to other protective sites located a minimum of 10
260miles from any commercial citrus grove. The department is
261authorized to expend existing funds from its Contracts and
262Grants Trust Fund for this purpose.
263     Section 4.  Subsection (1) of section 581.1845, Florida
264Statutes, is amended, and subsections (6) and (7) are added to
265that section, to read:
266     581.1845  Citrus canker eradication; compensation to
267homeowners whose trees have been removed.--
268     (1)  The Department of Agriculture and Consumer Services
269shall provide compensation to eligible homeowners whose citrus
270trees have been removed under a citrus canker eradication
271program. Funds to pay this compensation may be derived from both
272state and federal matching sources and shall be specifically
273appropriated by law. Eligible homeowners shall be compensated
274subject to the availability of appropriated funds specifically
275appropriated in fiscal year 2006-2007 or prior fiscal years for
276that purpose.
277     (6)  Any claim for compensation under this section or under
278the Shade Dade or Shade Florida programs must be filed with the
279department no later than December 31, 2007. Effective January 1,
2802008, all unfiled claims shall expire.
281     (7)  This section expires July 1, 2008.
282     Section 5.  Paragraph (c) of subsection (2) of section
283120.80, Florida Statutes, is amended to read:
284     120.80  Exceptions and special requirements; agencies.--
285     (2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
286     (c)  The provisions of ss. 120.54 and 120.56 shall not
287apply to any statement or action by the department in
288furtherance of its duties pursuant to s. 581.184(2).
289     Section 6.  Subsection (2) of section 348.0008, Florida
290Statutes, is amended to read:
291     348.0008  Acquisition of lands and property.--
292     (2)  An authority and its authorized agents, contractors,
293and employees are authorized to enter upon any lands, waters,
294and premises, upon giving reasonable notice to the landowner,
295for the purpose of making surveys, soundings, drillings,
296appraisals, environmental assessments including phase I and
297phase II environmental surveys, archaeological assessments, and
298such other examinations as are necessary for the acquisition of
299private or public property and property rights, including rights
300of access, air, view, and light, by gift, devise, purchase, or
301condemnation by eminent domain proceedings or as are necessary
302for the authority to perform its duties and functions; and any
303such entry shall not be deemed a trespass or an entry that would
304constitute a taking in an eminent domain proceeding. An
305expressway authority shall make reimbursement for any actual
306damage to such lands, water, and premises as a result of such
307activities. Any entry authorized by this subsection shall be in
308compliance with the premises protections and landowner liability
309provisions contained in s. ss. 472.029 and 581.184.
310     Section 7.  Section 933.02, Florida Statutes, is amended to
311read:
312     933.02  Grounds for issuance of search warrant.--Upon
313proper affidavits being made, a search warrant may be issued
314under the provisions of this chapter upon any of the following
315grounds:
316     (1)  When the property shall have been stolen or embezzled
317in violation of law;
318     (2)  When any property shall have been used:
319     (a)  As a means to commit any crime;,
320     (b)  In connection with gambling, gambling implements and
321appliances;, or
322     (c)  In violation of s. 847.011 or other laws in reference
323to obscene prints and literature;
324     (3)  When any property constitutes evidence relevant to
325proving that a felony has been committed;
326     (4)  When any property is being held or possessed:
327     (a)  In violation of any of the laws prohibiting the
328manufacture, sale, and transportation of intoxicating liquors;,
329or
330     (b)  In violation of the fish and game laws;, or
331     (c)  In violation of the laws relative to food and drug;,
332or
333     (d)  In violation of the laws relative to citrus disease a
334quarantine for citrus canker pursuant to ss. s. 581.184 and
335581.1845, or
336     (e)  Which may be inspected, treated, seized, or destroyed
337pursuant to s. 581.184; or
338     (5)  When the laws in relation to cruelty to animals, as
339provided in chapter 828, have been or are violated in any
340particular building or place.
341
342This section also applies to any papers or documents used as a
343means of or in aid of the commission of any offense against the
344laws of the state.
345     Section 8.  Paragraph (f) of subsection (1) and paragraph
346(b) of subsection (3) of section 933.40, Florida Statutes, are
347amended to read:
348     933.40  Agriculture warrants.--
349     (1)  As used in this section:
350     (f)  "Plant pest" means any plant pest, noxious weed, or
351arthropod declared a nuisance by the department pursuant to s.
352581.031(6), or any plant infected or exposed to infection as
353defined in s. 581.184(1).
354     (3)  An agriculture warrant shall be issued only upon
355probable cause. In determining the existence of probable cause
356for the issuance of one or more agriculture warrants, one or
357more of the following findings may be sufficient to support a
358determination of probable cause:
359     (b)  Under all of the circumstances set forth in the
360affidavit, there is a fair probability the property subject to
361the agriculture warrant:
362     1.  Contains a plant pest;
363     2.  Is located in an area which may reasonably be suspected
364of being infested or infected with a plant pest due to its
365proximity to a known infestation, or if it is reasonably exposed
366to infestation;
367     3.  Is located in a Section in which the department has
368diagnosed the presence of one or more plants infected with
369citrus canker as defined in s. 581.184(1)(a) or is located in a
370Section adjacent thereto;
371     3.4.  Contains animals affected with any animal pest or
372which have been exposed to and are liable to spread the animal
373pest; or
374     4.5.  Contains any other property that is liable to convey
375an animal pest.
376     Section 9.  This act shall take effect upon becoming a law.


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