May 21, 2019
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       Florida Senate - 2010               CS for CS for CS for SB 2182
       
       
       
       By the Committees on General Government Appropriations;
       Community Affairs; and Agriculture; and Senator Alexander
       
       
       
       601-04887B-10                                         20102182c3
    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 retroactive application;
    6         providing the methodology for assessing certain
    7         structures or improvements used for horticulture
    8         production; amending s. 369.20, F.S.; revising
    9         provisions of the Florida Aquatic Weed Control Act;
   10         authorizing the Fish and Wildlife Conservation
   11         Commission to enter into an agreement with the
   12         Department of Environmental Protection to ensure the
   13         uniform regulation of pesticides applied to waters of
   14         the state; amending s. 403.088, F.S.; revising
   15         provisions relating to water pollution operation
   16         permits; providing requirements for the application of
   17         pesticides to the waters of the state; amending s.
   18         487.163, F.S.; requiring that the Department of
   19         Agriculture and Consumer Services enter into an
   20         agreement with the Department of Environmental
   21         Protection to ensure the uniform regulation of
   22         pesticides; amending s. 573.112, F.S.; requiring that
   23         the Citrus Research and Development Foundation provide
   24         advice to the Department of Agriculture and Consumer
   25         Services with respect to citrus research marketing
   26         orders; amending s. 573.118, F.S.; providing for the
   27         deposit of certain agricultural assessments; revising
   28         the assessment rate on citrus fruit; amending s.
   29         581.031, F.S.; expanding the type of research projects
   30         that may be conducted by the department; requiring the
   31         Citrus Research and Development Foundation, Inc., to
   32         recommend the research projects; requiring that the
   33         department and representatives of the state pest
   34         control industry prepare a report for the President of
   35         the Senate, the Speaker of the House of
   36         Representatives, and the chairpersons of specified
   37         legislative committees by a certain date; requiring
   38         that the report include recommendations for changes in
   39         the law to provide for disciplinary action against
   40         licensees of the pest control industry under certain
   41         circumstances; providing that the report may also
   42         address additional issues of concern to members of the
   43         industry; providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Paragraph (b) of subsection (3) and paragraph
   48  (c) of subsection (6) of section 193.461, Florida Statutes, are
   49  amended to read:
   50         193.461 Agricultural lands; classification and assessment;
   51  mandated eradication or quarantine program.—
   52         (3)
   53         (b) Subject to the restrictions specified set out in this
   54  section, only lands that which are used primarily for bona fide
   55  agricultural purposes shall be classified agricultural. The term
   56  “bona fide agricultural purposes” means good faith commercial
   57  agricultural use of the land.
   58         1. In determining whether the use of the land for
   59  agricultural purposes is bona fide, the following factors may be
   60  taken into consideration:
   61         a.1. The length of time the land has been so used.
   62         b.2. Whether the use has been continuous.
   63         c.3. The purchase price paid.
   64         d.4. Size, as it relates to specific agricultural use, but
   65  in no event shall a minimum acreage may not be required for
   66  agricultural assessment.
   67         e.5. Whether an indicated effort has been made to care
   68  sufficiently and adequately for the land in accordance with
   69  accepted commercial agricultural practices, including, without
   70  limitation, fertilizing, liming, tilling, mowing, reforesting,
   71  and other accepted agricultural practices.
   72         f.6. Whether the such land is under lease and, if so, the
   73  effective length, terms, and conditions of the lease.
   74         g.7. Such other factors as may from time to time become
   75  applicable.
   76         2. Offering property for sale does not constitute a primary
   77  use of land and may not be the basis for denying its
   78  agricultural classification if the land continues to be used
   79  primarily for bona fide agricultural purposes while it is being
   80  offered for sale.
   81         (6)
   82         (c)1. For purposes of the income methodology approach to
   83  assessment of property used for agricultural purposes,
   84  irrigation systems, including pumps and motors, physically
   85  attached to the land shall be considered a part of the average
   86  yields per acre and shall have no separately assessable
   87  contributory value.
   88         2. Litter containment structures located on producing
   89  poultry farms and animal waste nutrient containment structures
   90  located on producing dairy farms shall be assessed by the
   91  methodology described in subparagraph 1.
   92         3. Structures or improvements used for horticulture
   93  production which provide shade and shelter and improve water
   94  quality or water conservation, as designated by the Department
   95  of Agriculture and Consumer Services’ interim measures or best
   96  management practices adopted pursuant to s. 570.085 or s.
   97  403.067(7)(c), shall be assessed by the methodology described in
   98  subparagraph 1.
   99         Section 2. The amendment to paragraph (b) of subsection (3)
  100  of section 193.461, Florida Statutes, made by this act is
  101  intended to be remedial and clarifying in nature and applies
  102  retroactively to all parcels for which a final court order has
  103  not yet been entered as of the effective date of this act.
  104         Section 3. Subsections (4) and (9) of section 369.20,
  105  Florida Statutes, are amended to read:
  106         369.20 Florida Aquatic Weed Control Act.—
  107         (4) The commission shall also promote, develop, and support
  108  research activities directed toward the more effective and
  109  efficient control of aquatic plants. In the furtherance of this
  110  purpose, the commission may is authorized to:
  111         (a) Accept donations and grants of funds and services from
  112  both public and private sources;
  113         (b) Contract or enter into agreements with public or
  114  private agencies or corporations for research and development of
  115  aquatic plant control methods or for the performance of aquatic
  116  plant control activities. The commission may enter into an
  117  agreement with the Department of Environmental Protection to
  118  ensure the uniform regulation of pesticides applied to waters of
  119  the state, including provision for coordinating agency staff and
  120  resources, through the implementation of permitting, compliance,
  121  and enforcement activities under ss. 403.088 and 403.0885;
  122         (c) Construct, acquire, operate, and maintain facilities
  123  and equipment; and
  124         (d) Enter upon, or authorize the entry upon, private
  125  property for purposes of making surveys and examinations and to
  126  engage in aquatic plant control activities; and such entry shall
  127  not be deemed a trespass.
  128         (9) A permit issued pursuant to this section for The
  129  application of herbicides to waters of in the state for the
  130  control of aquatic plants, algae, or invasive exotic plants is
  131  exempt from the requirement to obtain a water pollution
  132  operation permit except as provided in ss. pursuant to s.
  133  403.088 and 403.0885.
  134         Section 4. Subsection (1) of section 403.088, Florida
  135  Statutes, is amended to read:
  136         403.088 Water pollution operation permits; conditions.—
  137         (1) No person, Without the written authorization of the
  138  department, a person may not shall discharge any waste into the
  139  waters of within the state any waste which, by itself or in
  140  combination with the wastes of other sources, reduces the
  141  quality of the receiving waters below the classification
  142  established for such waters them. However, this section does
  143  shall not be deemed to prohibit the application of pesticides to
  144  such waters in the state for the control of insects, aquatic
  145  weeds, or algae, or other pests if provided the application is
  146  performed in accordance with this subsection.
  147         (a) Upon execution of the agreement provided in s.
  148  487.163(3), the department may develop a permit or other
  149  authorization as required by 33 U.S.C. s. 1342 for the
  150  application of pesticides. A person must obtain such permit or
  151  other authorization before applying pesticides to waters of the
  152  state.
  153         (b) In consultation with the Department of Agriculture and
  154  Consumer Services and the Fish and Wildlife Conservation
  155  Commission, the department shall also develop a general permit
  156  under s. 403.0885(2), for the application of pesticides.
  157         (c) The department shall also enter into agreements with
  158  the Department of Agriculture and Consumer Services pursuant to
  159  a program approved by the Department of Health, in the case of
  160  insect or other pest control, and with or the Fish and Wildlife
  161  Conservation Commission, in the case of aquatic weed, other
  162  aquatic pests, or algae control. The department is directed to
  163  enter into interagency agreements to establish the procedures
  164  for program approval. Such agreements must shall provide for
  165  public health, welfare, and safety, as well as environmental
  166  factors and must ensure the uniform regulation of pesticides
  167  applied to waters of the state, including provision for the
  168  coordination of agency staff and resources, through the
  169  implementation of permitting, compliance, and enforcement
  170  activities under this section and s. 403.0885. Pesticides that
  171  are approved programs must provide that only chemicals approved
  172  for a the particular use by the United States Environmental
  173  Protection Agency or by the Department of Agriculture and
  174  Consumer Services may be employed and that they be applied in
  175  accordance with registered label instructions, state standards
  176  for such application, including any permit or other
  177  authorization required by this subsection and the provisions of
  178  the Florida Pesticide Law, part I of chapter 487, are allowed a
  179  temporary deviation from the acute toxicity provisions of the
  180  department’s water quality rule not to exceed the time necessary
  181  to control the target pests and only if the application does not
  182  reduce the quality of the receiving waters below the
  183  classification for such waters and is not likely to adversely
  184  affect any threatened or endangered species.
  185         Section 5. Subsection (3) is added to section 487.163,
  186  Florida Statutes, to read:
  187         487.163 Information; interagency cooperation.—
  188         (3) The department shall enter into an agreement with the
  189  Department of Environmental Protection to ensure the uniform
  190  regulation of pesticides applied to waters of the state,
  191  including provision for the coordination of agency staff and
  192  resources, through the implementation of permitting, compliance,
  193  and enforcement activities under ss. 403.088 and 403.0885.
  194         Section 6. Subsection (7) is added to section 573.112,
  195  Florida Statutes, to read:
  196         573.112 Advisory council.—
  197         (7) Notwithstanding the provisions of this section, the
  198  Citrus Research and Development Foundation, Inc., a direct
  199  support organization of the University of Florida established
  200  pursuant to s. 1004.28, shall serve as the advisory council for
  201  a citrus research marketing order, provide the department with
  202  advice on administering the order, and, in accordance with the
  203  order, conduct citrus research and perform other duties assigned
  204  by the department. Notwithstanding s. 1004.28(3), the
  205  foundation’s board of directors shall be composed of 13 members,
  206  including 10 citrus growers, 2 representatives of the
  207  university’s Institute of Food and Agricultural Sciences, and 1
  208  member appointed by the Commissioner of Agriculture.
  209         Section 7. Subsections (1) and (6) of section 573.118,
  210  Florida Statutes, are amended to read:
  211         573.118 Assessment; funds; audit; loans.—
  212         (1) To provide funds to defray the necessary expenses
  213  incurred by the department in the formulation, issuance,
  214  administration, and enforcement of any marketing order, every
  215  person engaged in the production, distributing, or handling of
  216  agricultural commodities within this state, and directly
  217  affected by any marketing order, shall pay to the department, at
  218  such times and in such installments as the department may
  219  prescribe, such person’s pro rata share of necessary expenses.
  220  Each person’s share of expenses shall be that proportion which
  221  the total volume of agricultural commodities produced,
  222  distributed, or handled by the person during the current
  223  marketing season, or part thereof covered by such marketing
  224  order, is of the total volume of the commodities produced,
  225  distributed, or handled by all such persons during the same
  226  current marketing season or part thereof. The department, after
  227  receiving the recommendations of the advisory council, shall fix
  228  the rate of assessment on the volume of agricultural commodities
  229  sold or some other equitable basis. For convenience of
  230  collection, upon request of the department, handlers of the
  231  commodities shall pay any producer assessments. Handlers paying
  232  assessments for and on behalf of any producers may shall, at
  233  their discretion, collect the producer assessments from any
  234  moneys owed by the handlers to the producers. The collected
  235  assessments shall be deposited into the appropriate General
  236  Inspection trust fund and shall be used for the sole purpose of
  237  implementing the marketing order for which the assessment was
  238  collected. The department is not subject to the procedures found
  239  in s. 287.057 in the expenditure of these funds. However, the
  240  director of the Division of Marketing and Development shall file
  241  with the internal auditor of the department a certification of
  242  conditions and circumstances justifying each contract or
  243  agreement entered into without competitive bidding.
  244         (6) An Any assessment levied upon citrus fruit under this
  245  section may not exceed the rate established in the marketing
  246  order and shall be at a rate not to exceed 1 cent per standard
  247  packed box of citrus fruit grown and placed into the primary
  248  channel of trade in this state. All revenues from such
  249  assessment collected by the department shall be deposited into
  250  the Citrus Inspection Trust Fund.
  251         Section 8. Subsection (32) of section 581.031, Florida
  252  Statutes, is amended to read:
  253         581.031 Department; powers and duties.—The department has
  254  the following powers and duties:
  255         (32) To The Department of Agriculture and Consumer Services
  256  shall conduct or cause to be conducted those research projects
  257  on citrus diseases, including, but not limited to, citrus canker
  258  and citrus greening, which are recommended by the Citrus
  259  Research and Development Foundation, Inc. Florida Citrus
  260  Production Research Advisory Council, within the limits of
  261  appropriations made specifically for such purpose.
  262         Section 9. The Department of Agriculture and Consumer
  263  Services shall meet with duly authorized representatives of
  264  established organizations representing the Florida pest control
  265  industry and prepare a report that shall be submitted to the
  266  President of the Senate, the Speaker of the House of
  267  Representatives, the chairperson of the Senate Committee on
  268  Agriculture, and the chairperson of the House Committee on
  269  Agribusiness by January 1, 2011. The report shall include
  270  recommended amendments to chapter 482, Florida Statutes, which
  271  provide for disciplinary action to be taken against licensees
  272  who violate laws or rules pertaining to the pretreatment of soil
  273  to protect newly constructed homes, pest control at sensitive
  274  facilities such as schools and nursing homes, and also the
  275  fumigation of existing homes for protection against termite
  276  damage, thereby providing additional safeguards for consumers.
  277  The report may also address other issues of concern to the
  278  department and to members of the industry, such as changes to
  279  requirements for professional liability insurance coverage or
  280  the amount of bond required, duties and responsibilities of a
  281  certified operator, issuance of a centralized pest control
  282  service center license, and limited certification for commercial
  283  wildlife management personnel.
  284         Section 10. This act shall take effect upon becoming a law.

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