May 20, 2019
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       CS for CS for CS for SB 2182                     First Engrossed
       
       
       
       
       
       
       
       
       20102182e1
       
    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; amending s. 601.07, F.S.; providing that the
   44         executive offices of the Department of Citrus are
   45         located in Bartow; providing an effective date.
   46  
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Paragraph (b) of subsection (3) and paragraph
   50  (c) of subsection (6) of section 193.461, Florida Statutes, are
   51  amended to read:
   52         193.461 Agricultural lands; classification and assessment;
   53  mandated eradication or quarantine program.—
   54         (3)
   55         (b) Subject to the restrictions specified set out in this
   56  section, only lands that which are used primarily for bona fide
   57  agricultural purposes shall be classified agricultural. The term
   58  “bona fide agricultural purposes” means good faith commercial
   59  agricultural use of the land.
   60         1. In determining whether the use of the land for
   61  agricultural purposes is bona fide, the following factors may be
   62  taken into consideration:
   63         a.1. The length of time the land has been so used.
   64         b.2. Whether the use has been continuous.
   65         c.3. The purchase price paid.
   66         d.4. Size, as it relates to specific agricultural use, but
   67  in no event shall a minimum acreage may not be required for
   68  agricultural assessment.
   69         e.5. Whether an indicated effort has been made to care
   70  sufficiently and adequately for the land in accordance with
   71  accepted commercial agricultural practices, including, without
   72  limitation, fertilizing, liming, tilling, mowing, reforesting,
   73  and other accepted agricultural practices.
   74         f.6. Whether the such land is under lease and, if so, the
   75  effective length, terms, and conditions of the lease.
   76         g.7. Such other factors as may from time to time become
   77  applicable.
   78         2. Offering property for sale does not constitute a primary
   79  use of land and may not be the basis for denying its
   80  agricultural classification if the land continues to be used
   81  primarily for bona fide agricultural purposes while it is being
   82  offered for sale.
   83         (6)
   84         (c)1. For purposes of the income methodology approach to
   85  assessment of property used for agricultural purposes,
   86  irrigation systems, including pumps and motors, physically
   87  attached to the land shall be considered a part of the average
   88  yields per acre and shall have no separately assessable
   89  contributory value.
   90         2. Litter containment structures located on producing
   91  poultry farms and animal waste nutrient containment structures
   92  located on producing dairy farms shall be assessed by the
   93  methodology described in subparagraph 1.
   94         3.Structures or improvements used for horticultural
   95  production, which are for frost and freeze protection and
   96  consistent with the Department of Agriculture and Consumer
   97  Services’ interim measures or best management practices adopted
   98  pursuant to s. 570.085 or s. 403.067(7)(c), shall be assessed
   99  pursuant to the methodology described in subparagraph 1.
  100         Section 2. The amendment to paragraph (b) of subsection (3)
  101  of section 193.461, Florida Statutes, made by this act is
  102  intended to be remedial and clarifying in nature and applies
  103  retroactively to all parcels for which a final court order has
  104  not yet been entered as of the effective date of this act.
  105         Section 3. Subsections (4) and (9) of section 369.20,
  106  Florida Statutes, are amended to read:
  107         369.20 Florida Aquatic Weed Control Act.—
  108         (4) The commission shall also promote, develop, and support
  109  research activities directed toward the more effective and
  110  efficient control of aquatic plants. In the furtherance of this
  111  purpose, the commission may is authorized to:
  112         (a) Accept donations and grants of funds and services from
  113  both public and private sources;
  114         (b) Contract or enter into agreements with public or
  115  private agencies or corporations for research and development of
  116  aquatic plant control methods or for the performance of aquatic
  117  plant control activities. The commission may enter into an
  118  agreement with the Department of Environmental Protection to
  119  ensure the uniform regulation of pesticides applied to waters of
  120  the state, including provision for coordinating agency staff and
  121  resources, through the implementation of permitting, compliance,
  122  and enforcement activities under ss. 403.088 and 403.0885;
  123         (c) Construct, acquire, operate, and maintain facilities
  124  and equipment; and
  125         (d) Enter upon, or authorize the entry upon, private
  126  property for purposes of making surveys and examinations and to
  127  engage in aquatic plant control activities; and such entry shall
  128  not be deemed a trespass.
  129         (9) A permit issued pursuant to this section for The
  130  application of herbicides to waters of in the state for the
  131  control of aquatic plants, algae, or invasive exotic plants is
  132  exempt from the requirement to obtain a water pollution
  133  operation permit except as provided in ss. pursuant to s.
  134  403.088 and 403.0885.
  135         Section 4. Subsection (1) of section 403.088, Florida
  136  Statutes, is amended to read:
  137         403.088 Water pollution operation permits; conditions.—
  138         (1) No person, Without the written authorization of the
  139  department, a person may not shall discharge any waste into the
  140  waters of within the state any waste which, by itself or in
  141  combination with the wastes of other sources, reduces the
  142  quality of the receiving waters below the classification
  143  established for such waters them. However, this section does
  144  shall not be deemed to prohibit the application of pesticides to
  145  such waters in the state for the control of insects, aquatic
  146  weeds, or algae, or other pests if provided the application is
  147  performed in accordance with this subsection.
  148         (a) Upon execution of the agreement provided in s.
  149  487.163(3), the department may develop a permit or other
  150  authorization as required by 33 U.S.C. s. 1342 for the
  151  application of pesticides. A person must obtain such permit or
  152  other authorization before applying pesticides to waters of the
  153  state.
  154         (b) In consultation with the Department of Agriculture and
  155  Consumer Services and the Fish and Wildlife Conservation
  156  Commission, the department shall also develop a general permit
  157  under s. 403.0885(2), for the application of pesticides.
  158         (c) The department shall also enter into agreements with
  159  the Department of Agriculture and Consumer Services pursuant to
  160  a program approved by the Department of Health, in the case of
  161  insect or other pest control, and with or the Fish and Wildlife
  162  Conservation Commission, in the case of aquatic weed, other
  163  aquatic pests, or algae control. The department is directed to
  164  enter into interagency agreements to establish the procedures
  165  for program approval. Such agreements must shall provide for
  166  public health, welfare, and safety, as well as environmental
  167  factors and must ensure the uniform regulation of pesticides
  168  applied to waters of the state, including provision for the
  169  coordination of agency staff and resources, through the
  170  implementation of permitting, compliance, and enforcement
  171  activities under this section and s. 403.0885. Pesticides that
  172  are approved programs must provide that only chemicals approved
  173  for a the particular use by the United States Environmental
  174  Protection Agency or by the Department of Agriculture and
  175  Consumer Services may be employed and that they be applied in
  176  accordance with registered label instructions, state standards
  177  for such application, including any permit or other
  178  authorization required by this subsection and the provisions of
  179  the Florida Pesticide Law, part I of chapter 487, are allowed a
  180  temporary deviation from the acute toxicity provisions of the
  181  department’s water quality rule not to exceed the time necessary
  182  to control the target pests and only if the application does not
  183  reduce the quality of the receiving waters below the
  184  classification for such waters and is not likely to adversely
  185  affect any threatened or endangered species.
  186         Section 5. Subsection (3) is added to section 487.163,
  187  Florida Statutes, to read:
  188         487.163 Information; interagency cooperation.—
  189         (3) The department shall enter into an agreement with the
  190  Department of Environmental Protection to ensure the uniform
  191  regulation of pesticides applied to waters of the state,
  192  including provision for the coordination of agency staff and
  193  resources, through the implementation of permitting, compliance,
  194  and enforcement activities under ss. 403.088 and 403.0885.
  195         Section 6. Subsection (7) is added to section 573.112,
  196  Florida Statutes, to read:
  197         573.112 Advisory council.—
  198         (7) Notwithstanding the provisions of this section, the
  199  Citrus Research and Development Foundation, Inc., a direct
  200  support organization of the University of Florida established
  201  pursuant to s. 1004.28, shall serve as the advisory council for
  202  a citrus research marketing order, provide the department with
  203  advice on administering the order, and, in accordance with the
  204  order, conduct citrus research and perform other duties assigned
  205  by the department. Notwithstanding s. 1004.28(3), the
  206  foundation’s board of directors shall be composed of 13 members,
  207  including 10 citrus growers, 2 representatives of the
  208  university’s Institute of Food and Agricultural Sciences, and 1
  209  member appointed by the Commissioner of Agriculture.
  210         Section 7. Subsections (1) and (6) of section 573.118,
  211  Florida Statutes, are amended to read:
  212         573.118 Assessment; funds; audit; loans.—
  213         (1) To provide funds to defray the necessary expenses
  214  incurred by the department in the formulation, issuance,
  215  administration, and enforcement of any marketing order, every
  216  person engaged in the production, distributing, or handling of
  217  agricultural commodities within this state, and directly
  218  affected by any marketing order, shall pay to the department, at
  219  such times and in such installments as the department may
  220  prescribe, such person’s pro rata share of necessary expenses.
  221  Each person’s share of expenses shall be that proportion which
  222  the total volume of agricultural commodities produced,
  223  distributed, or handled by the person during the current
  224  marketing season, or part thereof covered by such marketing
  225  order, is of the total volume of the commodities produced,
  226  distributed, or handled by all such persons during the same
  227  current marketing season or part thereof. The department, after
  228  receiving the recommendations of the advisory council, shall fix
  229  the rate of assessment on the volume of agricultural commodities
  230  sold or some other equitable basis. For convenience of
  231  collection, upon request of the department, handlers of the
  232  commodities shall pay any producer assessments. Handlers paying
  233  assessments for and on behalf of any producers may shall, at
  234  their discretion, collect the producer assessments from any
  235  moneys owed by the handlers to the producers. The collected
  236  assessments shall be deposited into the appropriate General
  237  Inspection trust fund and shall be used for the sole purpose of
  238  implementing the marketing order for which the assessment was
  239  collected. The department is not subject to the procedures found
  240  in s. 287.057 in the expenditure of these funds. However, the
  241  director of the Division of Marketing and Development shall file
  242  with the internal auditor of the department a certification of
  243  conditions and circumstances justifying each contract or
  244  agreement entered into without competitive bidding.
  245         (6) An Any assessment levied upon citrus fruit under this
  246  section may not exceed the rate established in the marketing
  247  order and shall be at a rate not to exceed 1 cent per standard
  248  packed box of citrus fruit grown and placed into the primary
  249  channel of trade in this state. All revenues from such
  250  assessment collected by the department shall be deposited into
  251  the Citrus Inspection Trust Fund.
  252         Section 8. Subsection (32) of section 581.031, Florida
  253  Statutes, is amended to read:
  254         581.031 Department; powers and duties.—The department has
  255  the following powers and duties:
  256         (32) To The Department of Agriculture and Consumer Services
  257  shall conduct or cause to be conducted those research projects
  258  on citrus diseases, including, but not limited to, citrus canker
  259  and citrus greening, which are recommended by the Citrus
  260  Research and Development Foundation, Inc. Florida Citrus
  261  Production Research Advisory Council, within the limits of
  262  appropriations made specifically for such purpose.
  263         Section 9. The Department of Agriculture and Consumer
  264  Services shall meet with duly authorized representatives of
  265  established organizations representing the Florida pest control
  266  industry and prepare a report that shall be submitted to the
  267  President of the Senate, the Speaker of the House of
  268  Representatives, the chairperson of the Senate Committee on
  269  Agriculture, and the chairperson of the House Committee on
  270  Agribusiness by January 1, 2011. The report shall include
  271  recommended amendments to chapter 482, Florida Statutes, which
  272  provide for disciplinary action to be taken against licensees
  273  who violate laws or rules pertaining to the pretreatment of soil
  274  to protect newly constructed homes, pest control at sensitive
  275  facilities such as schools and nursing homes, and also the
  276  fumigation of existing homes for protection against termite
  277  damage, thereby providing additional safeguards for consumers.
  278  The report may also address other issues of concern to the
  279  department and to members of the industry, such as changes to
  280  requirements for professional liability insurance coverage or
  281  the amount of bond required, duties and responsibilities of a
  282  certified operator, issuance of a centralized pest control
  283  service center license, and limited certification for commercial
  284  wildlife management personnel.
  285         Section 10. Section 601.07, Florida Statutes, is amended to
  286  read:
  287         601.07 Location of executive offices.—The executive offices
  288  of the Department of Citrus shall be established and maintained
  289  at Bartow Lakeland.
  290         Section 11. This act shall take effect upon becoming a law.

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