May 20, 2019
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       Florida Senate - 2010                                    SB 2182
       
       
       
       By Senator Alexander
       
       
       
       
       17-01925B-10                                          20102182__
    1                        A bill to be entitled                      
    2         An act relating to agriculture; amending s. 193.461,
    3         F.S.; clarifying that land that is classified as
    4         agricultural retains that classification when offered
    5         for sale; providing for retroactivity; amending s.
    6         573.112, F.S.; providing that the Citrus Research and
    7         Development Foundation shall provide advice to the
    8         Department of Agriculture and Consumer Services with
    9         respect to citrus research marketing orders; amending
   10         s. 573.118, F.S.; providing for the deposit of certain
   11         agricultural assessments; revising the assessment rate
   12         on citrus fruit; amending s. 581.031, F.S.; expanding
   13         the type of research projects which may be conducted
   14         by the department; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (b) of subsection (3) of section
   19  193.461, Florida Statutes, is amended to read:
   20         193.461 Agricultural lands; classification and assessment;
   21  mandated eradication or quarantine program.—
   22         (3)
   23         (b) Subject to the restrictions specified set out in this
   24  section, only lands that which are used primarily for bona fide
   25  agricultural purposes shall be classified agricultural. The term
   26  “bona fide agricultural purposes” means good faith commercial
   27  agricultural use of the land.
   28         1. In determining whether the use of the land for
   29  agricultural purposes is bona fide, the following factors may be
   30  taken into consideration:
   31         a.1. The length of time the land has been so used.
   32         b.2. Whether the use has been continuous.
   33         c.3. The purchase price paid.
   34         d.4. Size, as it relates to specific agricultural use, but
   35  in no event shall a minimum acreage may not be required for
   36  agricultural assessment.
   37         e.5. Whether an indicated effort has been made to care
   38  sufficiently and adequately for the land in accordance with
   39  accepted commercial agricultural practices, including, without
   40  limitation, fertilizing, liming, tilling, mowing, reforesting,
   41  and other accepted agricultural practices.
   42         f.6. Whether the such land is under lease and, if so, the
   43  effective length, terms, and conditions of the lease.
   44         g.7. Such other factors as may from time to time become
   45  applicable.
   46         2. Offering property for sale does not constitute a primary
   47  use of land and may not be the basis for denying its
   48  agricultural classification if the land continues to be used
   49  primarily for bona fide agricultural purposes while it is being
   50  offered for sale.
   51         Section 2. The amendment to paragraph (b) of subsection (3)
   52  of section 193.461, Florida Statutes, by this act is intended to
   53  be remedial and clarifying in nature and applies retroactively
   54  to all parcels for which a final court order has not yet been
   55  entered as of the effective date of this act.
   56         Section 3. Subsection (7) is added to section 573.112,
   57  Florida Statutes, to read:
   58         573.112 Advisory council.—
   59         (7) Notwithstanding the provisions of this section, the
   60  Citrus Research and Development Foundation, Inc., a direct
   61  support organization of the University of Florida established
   62  pursuant to s. 1004.28, shall serve as the advisory council for
   63  a citrus research marketing order, provide the department with
   64  advice on administering the order, and, in accordance with the
   65  order, conduct citrus research and perform other duties assigned
   66  by the department. Notwithstanding s. 1004.28(3), the
   67  foundation’s board of directors shall be composed of 13 members,
   68  including 10 citrus growers, 2 representatives of the
   69  university’s Institute of Food and Agricultural Sciences, and 1
   70  member appointed by the Commissioner of Agriculture.
   71         Section 4. Subsections (1) and (6) of section 573.118,
   72  Florida Statutes, are amended to read:
   73         573.118 Assessment; funds; audit; loans.—
   74         (1) To provide funds to defray the necessary expenses
   75  incurred by the department in the formulation, issuance,
   76  administration, and enforcement of any marketing order, every
   77  person engaged in the production, distributing, or handling of
   78  agricultural commodities within this state, and directly
   79  affected by any marketing order, shall pay to the department, at
   80  such times and in such installments as the department may
   81  prescribe, such person’s pro rata share of necessary expenses.
   82  Each person’s share of expenses shall be that proportion which
   83  the total volume of agricultural commodities produced,
   84  distributed, or handled by the person during the current
   85  marketing season, or part thereof covered by such marketing
   86  order, is of the total volume of the commodities produced,
   87  distributed, or handled by all such persons during the same
   88  current marketing season or part thereof. The department, after
   89  receiving the recommendations of the advisory council, shall fix
   90  the rate of assessment on the volume of agricultural commodities
   91  sold or some other equitable basis. For convenience of
   92  collection, upon request of the department, handlers of the
   93  commodities shall pay any producer assessments. Handlers paying
   94  assessments for and on behalf of any producers may shall, at
   95  their discretion, collect the producer assessments from any
   96  moneys owed by the handlers to the producers. The collected
   97  assessments shall be deposited into the appropriate General
   98  Inspection trust fund and shall be used for the sole purpose of
   99  implementing the marketing order for which the assessment was
  100  collected. The department is not subject to the procedures found
  101  in s. 287.057 in the expenditure of these funds. However, the
  102  director of the Division of Marketing and Development shall file
  103  with the internal auditor of the department a certification of
  104  conditions and circumstances justifying each contract or
  105  agreement entered into without competitive bidding.
  106         (6) An Any assessment levied upon citrus fruit under this
  107  section may not exceed the rate established in the marketing
  108  order and shall be at a rate not to exceed 1 cent per standard
  109  packed box of citrus fruit grown and placed into the primary
  110  channel of trade in this state. All revenues from such
  111  assessment collected by the department shall be deposited into
  112  the Citrus Inspection Trust Fund.
  113         Section 5. Subsection (32) of section 581.031, Florida
  114  Statutes, is amended to read:
  115         581.031 Department; powers and duties.—The department has
  116  the following powers and duties:
  117         (32) To The Department of Agriculture and Consumer Services
  118  shall conduct or cause to be conducted those research projects
  119  on citrus diseases, including, but not limited to, citrus canker
  120  and citrus greening, which are recommended by the Florida Citrus
  121  Production Research Advisory Council, within the limits of
  122  appropriations made specifically for such purpose.
  123         Section 6. This act shall take effect upon becoming a law.

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