March 26, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 0858

Senate Bill sb0858

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 858

    By Senator Smith





    14-371B-05

  1                      A bill to be entitled

  2         An act relating to the cultivation of plants;

  3         amending s. 581.083, F.S.; prohibiting the

  4         cultivation of naturalized plants for purposes

  5         of fuel production or purposes other than

  6         agriculture, in plantings greater than a

  7         specified size, except under a special permit

  8         from the Department of Agriculture and Consumer

  9         Services; providing requirements for obtaining

10         a special permit; requiring that the plants be

11         removed and destroyed upon expiration of the

12         special permit or under other conditions;

13         specifying circumstances under which the

14         department may issue a final order directing

15         that the plants be removed and destroyed;

16         requiring reimbursement of the department's

17         costs; requiring a permit applicant to maintain

18         a bond or certificate of deposit of a specified

19         amount; requiring notice to the department of

20         cancellation of the bond or certificate of

21         deposit; requiring that the department

22         determine by rule whether to require an annual

23         bond or certificate; authorizing the department

24         to increase or decrease the amount of security

25         required; authorizing the department or its

26         agents to verify statements and accounts with

27         respect to cultivated acreage; providing for

28         suspension and revocation of the special permit

29         upon failure to make records available or to

30         deliver a new or additional bond or certificate

31         of deposit; providing an effective date.

                                  1

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






    Florida Senate - 2005                                   SB 858
    14-371B-05




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 581.083, Florida Statutes, is

 4  amended to read:

 5         581.083  Introduction or release of plant pests,

 6  noxious weeds, or organisms affecting plant life; cultivation

 7  of naturalized plants; special permit and security required.--

 8         (1)  The introduction into or release within this state

 9  of any plant pest, noxious weed, genetically engineered plant

10  or plant pest, or any other organism which may directly or

11  indirectly affect the plant life of this state as an injurious

12  pest, parasite, or predator of other organisms, or any

13  arthropod, is prohibited, except under special permit issued

14  by the department through the division, which shall be the

15  sole issuing agency for such special permits.

16         (2)  Each application for a special permit shall be

17  accompanied by a fee in an amount determined by the

18  department, through its rulemaking authority, not to exceed

19  $50.  The department may waive this fee by rule for

20  governmental agencies.

21         (3)  Except for research projects approved by the

22  department, no permit for any organism shall be issued unless

23  the department has determined that the parasite, predator, or

24  biological control agent is specific to a target organism or

25  plant and not likely to become a pest of plants or other

26  beneficial organisms.  The department may rely on findings of

27  the Department of Environmental Protection, the United States

28  Department of Agriculture, and other agencies in making any

29  determination about organisms used for biological control.

30         (4)  A person may not cultivate a naturalized plant,

31  including a genetically engineered plant that reproduces

                                  2

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






    Florida Senate - 2005                                   SB 858
    14-371B-05




 1  spontaneously outside of cultivation and outside of its native

 2  range, for purposes of fuel production or purposes other than

 3  agriculture in plantings greater in size than 2 contiguous

 4  acres, except under a special permit issued by the department

 5  through the division, which is the sole agency responsible for

 6  issuing such special permits.

 7         (a)  Each application for a special permit must be

 8  accompanied by a fee as described in subsection (2). The

 9  application must also include, on a form provided by the

10  department, the name of the applicant and the applicant's

11  address or the address of the applicant's principal place of

12  business, a statement completely identifying the naturalized

13  plant to be cultivated, and a statement of the estimated cost

14  of removing or destroying the plant that is the subject of the

15  special permit and the basis for calculating or determining

16  that estimate. If the applicant is a corporation, partnership,

17  or other business entity, the applicant must also provide in

18  the application the name and address of each officer, partner,

19  or managing agent. The applicant shall notify the department

20  within 10 business days of any change of address or change in

21  the principal place of business. The department shall mail all

22  notices to the applicant's last known address.

23         (b)  Upon obtaining a permit, the applicant may

24  annually cultivate and maintain the naturalized plants as

25  authorized by the special permit. If the applicant ceases to

26  maintain or cultivate the plants authorized by the special

27  permit, if the permit expires, or if the applicant ceases to

28  abide by the conditions of the special permit, the applicant

29  shall immediately remove and destroy the plants that are

30  subject to the permit, if any remain. The applicant shall

31  

                                  3

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






    Florida Senate - 2005                                   SB 858
    14-371B-05




 1  notify the department of the removal and destruction of the

 2  plants within 10 days after such event.

 3         (c)  If the department:

 4         1.  Determines that the applicant is no longer

 5  maintaining or cultivating the plants subject to the special

 6  permit and has not removed or destroyed the plants authorized

 7  by the special permit;

 8         2.  Determines that the continued maintenance or

 9  cultivation of the plants presents an imminent danger to

10  public health, safety, and welfare;

11         3.  Determines that the applicant has exceeded the

12  conditions of the authorized special permit; or

13         4.  Receives a notice of cancellation of the surety

14  bond or certificate of deposit;

15  

16  the department may issue an immediate final order, which shall

17  be immediately enjoined and appealed as provided by chapter

18  120, directing the applicant to immediately remove and destroy

19  the plants authorized to be cultivated under the special

20  permit. A copy of the immediate final order shall be mailed to

21  the applicant and to the surety company or financial

22  institution that has provided security for the special permit,

23  if applicable.

24         (d)  If, upon issuance by the department of an

25  immediate final order to the applicant, the applicant fails to

26  remove and destroy the plants subject to the special permit

27  within 60 days after issuance of the order, or such shorter

28  period as is designated in the order as the public health,

29  safety, and welfare requires, the department may enter the

30  cultivated acreage and remove and destroy the plants that are

31  the subject of the special permit. If the applicant makes a

                                  4

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






    Florida Senate - 2005                                   SB 858
    14-371B-05




 1  written request to the department for an extension of time to

 2  remove or destroy the plants which demonstrates specific facts

 3  showing why the plants could not reasonably be removed or

 4  destroyed in the applicable timeframe, the department may

 5  extend the time for removing or destroying the plants subject

 6  to the permit. The reasonable costs and expenses incurred by

 7  the department for removing and destroying the plants subject

 8  to the special permit shall be reimbursed to the department by

 9  the applicant within 21 days after the date the applicant and

10  surety are served a copy of the department's invoice for the

11  costs and expenses incurred by the department to remove or

12  destroy the cultivated plants, along with a notice of

13  administrative rights, unless the applicant and surety object

14  to the reasonableness of the invoice. In the event of an

15  objection, the applicant or surety is entitled to an

16  administrative proceeding as provided by chapter 120. Upon

17  entry of a final order determining the reasonableness of the

18  incurred costs and expenses, the applicant shall have 15 days

19  following service of the final order to reimburse the

20  department. Failure of the applicant to timely reimburse the

21  department for the incurred costs and expenses entitles the

22  department to reimbursement from the applicable security bond

23  or certificate of deposit.

24         (e)  Each applicant shall maintain for each separate

25  growing location a bond in the form approved by the department

26  and issued by a surety company admitted to do business in this

27  state or a certificate of deposit, in an amount determined by

28  the department, but not less than 150 percent of the estimated

29  cost of removing or destroying the cultivated plants. The bond

30  or certificate of deposit may not exceed $5,000 per acre,

31  unless a higher amount is determined by the department to be

                                  5

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






    Florida Senate - 2005                                   SB 858
    14-371B-05




 1  necessary to protect the public health, safety, and welfare,

 2  or unless an exemption is granted by the department based on

 3  conditions specified in the application which would preclude

 4  the department from incurring the cost of removing or

 5  destroying the cultivated plants and prevent injury to the

 6  public health, safety, and welfare. The aggregate liability of

 7  the surety to all persons for all breaches of the conditions

 8  of the bond required in this subsection may not exceed the

 9  amount of the bond. The original surety bond required by this

10  subsection shall be filed with the department. A surety

11  corporation shall give the department 30 days' written notice

12  of cancellation by certified mail in order to cancel a bond.

13  Cancellation of a bond or certificate of deposit does not

14  relieve a surety company or financial institution of liability

15  for paying to the department all costs incurred or to be

16  incurred for removing or destroying the permitted plants

17  covered by an immediate final order authorized under paragraph

18  (c). The surety bond or certificate of deposit must be

19  provided or assigned in the exact name in which the applicant

20  applies for the special permit. The penal sum of the surety

21  bond or certificate of deposit to be furnished to the

22  department by an applicant for the special permit in the

23  amount specified in this paragraph must guarantee the payment

24  of the costs incurred or to be incurred by the department for

25  removing or destroying the plants cultivated under the issued

26  special permit. As used in this paragraph, the term

27  "certificate of deposit" means a certificate of deposit at any

28  recognized financial institution doing business in the United

29  States. The department may not accept a certificate of deposit

30  in connection with the issuance of a special permit unless the

31  issuing institution is properly insured by the Federal Deposit

                                  6

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






    Florida Senate - 2005                                   SB 858
    14-371B-05




 1  Insurance Corporation or the Federal Savings and Loan

 2  Insurance Corporation. The bond or certificate of deposit

 3  assignment or agreement must be upon a form prescribed or

 4  approved by the department and must be conditioned to secure

 5  the faithful accounting for and payment of all costs incurred

 6  by the department for removing or destroying all plants

 7  cultivated under the special permit. The bond or certificate

 8  of deposit assignment or agreement must include terms binding

 9  the instrument to the Commissioner of Agriculture of the State

10  of Florida. Such certificate of deposit shall be presented

11  with an assignment of the applicant's rights in the

12  certificate in favor of the Commissioner of Agriculture of the

13  State of Florida on a form prescribed by the department and a

14  letter from the issuing institution acknowledging that the

15  assignment has been properly recorded on the books of the

16  issuing institution and will be honored by the issuing

17  institution. Such assignment is irrevocable while the special

18  permit is in effect and for an additional period of 6 months

19  after termination of the special permit if operations to

20  remove or destroy the permitted plants are not continuing and

21  if the department's invoice remains unpaid by the applicant

22  under the issued immediate final order. If operations to

23  remove or destroy the plants are pending, the assignment

24  remains in effect until all plants are removed or destroyed

25  and the department's invoice has been paid. The certificate of

26  deposit may be released by the assignee to the applicant, or

27  to the applicant's successors, assignee, or heirs, if

28  operations to remove or destroy the permitted plants are not

29  pending and no invoice remains unpaid at the conclusion of 6

30  months after the last effective date of the applicant's

31  permit. The department may not accept a certificate of deposit

                                  7

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






    Florida Senate - 2005                                   SB 858
    14-371B-05




 1  that contains any provision that would give to any person any

 2  prior rights or claim on the proceeds or principal of such

 3  certificate of deposit. The department shall determine by rule

 4  whether an annual bond or certificate of deposit will be

 5  required. The amount of such bond or certificate of deposit

 6  shall be increased, upon order of the department, at any time

 7  if the department finds such increase to be warranted by the

 8  cultivating operations of the special permittee. In the same

 9  manner, the amount of such bond or certificate of deposit may

10  be decreased when a decrease in the cultivating operations

11  warrants such decrease. This paragraph applies to any bond or

12  certificate of deposit, regardless of the anniversary date of

13  its issuance, expiration, or renewal.

14         (f)  In order to carry out the purposes of this

15  subsection, the department or its agents may require from any

16  applicant verified statements of the cultivated acreage

17  subject to the special permit and may review the applicant's

18  business or cultivation records at her or his place of

19  business during normal business hours in order to determine

20  the acreage cultivated. The failure of a special permittee to

21  furnish such statement, to make such records available, or to

22  make and deliver a new or additional bond or certificate of

23  deposit is cause for suspension of the special permit. If the

24  department finds such failure to be willful, the special

25  permit may be revoked.

26         Section 2.  This act shall take effect July 1, 2005.

27  

28  

29  

30  

31  

                                  8

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






    Florida Senate - 2005                                   SB 858
    14-371B-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Prohibits the cultivation of a naturalized plant for
      purposes of fuel production, or purposes other than
 4    agriculture, in plantings larger than 2 contiguous acres,
      except under a special permit issued by the Department of
 5    Agriculture and Consumer Services. Provides for an
      application fee of not more than $50. Requires that the
 6    applicant maintain security through a bond or certificate
      of deposit in an amount of not less than 150 percent of
 7    the estimated cost of removing or destroying the plants.
      Authorizes the department to order that the plants be
 8    destroyed if there is a danger to public health, safety,
      and welfare or if the applicant exceeds the conditions of
 9    the special permit. Authorizes the department to review
      cultivation records to determine compliance with the act.
10    (See bill for details.)

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  9

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

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader