January 19, 2021
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       Florida Senate - 2010                      CS for CS for SB 2182
       By the Committees on Community Affairs; and Agriculture; and
       Senator Alexander
       578-03132-10                                          20102182c2
    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         agricultural improvements, structures, or equipment
    8         located on agricultural land and used for specified
    9         purposes; amending s. 573.112, F.S.; requiring that
   10         the Citrus Research and Development Foundation provide
   11         advice to the Department of Agriculture and Consumer
   12         Services with respect to citrus research marketing
   13         orders; amending s. 573.118, F.S.; providing for the
   14         deposit of certain agricultural assessments; revising
   15         the assessment rate on citrus fruit; amending s.
   16         581.031, F.S.; expanding the type of research projects
   17         that may be conducted by the department; requiring the
   18         Citrus Research and Development Foundation, Inc., to
   19         recommend the research projects; providing an
   20         effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Paragraph (b) of subsection (3) and paragraph
   25  (c) of subsection (6) of section 193.461, Florida Statutes, are
   26  amended to read:
   27         193.461 Agricultural lands; classification and assessment;
   28  mandated eradication or quarantine program.—
   29         (3)
   30         (b) Subject to the restrictions specified set out in this
   31  section, only lands that which are used primarily for bona fide
   32  agricultural purposes shall be classified agricultural. The term
   33  “bona fide agricultural purposes” means good faith commercial
   34  agricultural use of the land.
   35         1. In determining whether the use of the land for
   36  agricultural purposes is bona fide, the following factors may be
   37  taken into consideration:
   38         a.1. The length of time the land has been so used.
   39         b.2. Whether the use has been continuous.
   40         c.3. The purchase price paid.
   41         d.4. Size, as it relates to specific agricultural use, but
   42  in no event shall a minimum acreage may not be required for
   43  agricultural assessment.
   44         e.5. Whether an indicated effort has been made to care
   45  sufficiently and adequately for the land in accordance with
   46  accepted commercial agricultural practices, including, without
   47  limitation, fertilizing, liming, tilling, mowing, reforesting,
   48  and other accepted agricultural practices.
   49         f.6. Whether the such land is under lease and, if so, the
   50  effective length, terms, and conditions of the lease.
   51         g.7. Such other factors as may from time to time become
   52  applicable.
   53         2. Offering property for sale does not constitute a primary
   54  use of land and may not be the basis for denying its
   55  agricultural classification if the land continues to be used
   56  primarily for bona fide agricultural purposes while it is being
   57  offered for sale.
   58         (6)
   59         (c)1. For purposes of the income methodology approach to
   60  assessment of property used for agricultural purposes,
   61  irrigation systems, including pumps and motors, physically
   62  attached to the land shall be considered a part of the average
   63  yields per acre and shall have no separately assessable
   64  contributory value.
   65         2. Litter containment structures located on producing
   66  poultry farms and animal waste nutrient containment structures
   67  located on producing dairy farms shall be assessed by the
   68  methodology described in subparagraph 1.
   69         3. Agricultural improvements, structures, or equipment
   70  located on land classified as agricultural land pursuant to s.
   71  193.461 and used as a natural resource conservation practice or
   72  to implement state-adopted best-management practices shall be
   73  assessed by the methodology described in subparagraph 1.
   74         Section 2. The amendment to paragraph (b) of subsection (3)
   75  of section 193.461, Florida Statutes, made by this act is
   76  intended to be remedial and clarifying in nature and applies
   77  retroactively to all parcels for which a final court order has
   78  not yet been entered as of the effective date of this act.
   79         Section 3. Subsection (7) is added to section 573.112,
   80  Florida Statutes, to read:
   81         573.112 Advisory council.—
   82         (7) Notwithstanding the provisions of this section, the
   83  Citrus Research and Development Foundation, Inc., a direct
   84  support organization of the University of Florida established
   85  pursuant to s. 1004.28, shall serve as the advisory council for
   86  a citrus research marketing order, provide the department with
   87  advice on administering the order, and, in accordance with the
   88  order, conduct citrus research and perform other duties assigned
   89  by the department. Notwithstanding s. 1004.28(3), the
   90  foundation’s board of directors shall be composed of 13 members,
   91  including 10 citrus growers, 2 representatives of the
   92  university’s Institute of Food and Agricultural Sciences, and 1
   93  member appointed by the Commissioner of Agriculture.
   94         Section 4. Subsections (1) and (6) of section 573.118,
   95  Florida Statutes, are amended to read:
   96         573.118 Assessment; funds; audit; loans.—
   97         (1) To provide funds to defray the necessary expenses
   98  incurred by the department in the formulation, issuance,
   99  administration, and enforcement of any marketing order, every
  100  person engaged in the production, distributing, or handling of
  101  agricultural commodities within this state, and directly
  102  affected by any marketing order, shall pay to the department, at
  103  such times and in such installments as the department may
  104  prescribe, such person’s pro rata share of necessary expenses.
  105  Each person’s share of expenses shall be that proportion which
  106  the total volume of agricultural commodities produced,
  107  distributed, or handled by the person during the current
  108  marketing season, or part thereof covered by such marketing
  109  order, is of the total volume of the commodities produced,
  110  distributed, or handled by all such persons during the same
  111  current marketing season or part thereof. The department, after
  112  receiving the recommendations of the advisory council, shall fix
  113  the rate of assessment on the volume of agricultural commodities
  114  sold or some other equitable basis. For convenience of
  115  collection, upon request of the department, handlers of the
  116  commodities shall pay any producer assessments. Handlers paying
  117  assessments for and on behalf of any producers may shall, at
  118  their discretion, collect the producer assessments from any
  119  moneys owed by the handlers to the producers. The collected
  120  assessments shall be deposited into the appropriate General
  121  Inspection trust fund and shall be used for the sole purpose of
  122  implementing the marketing order for which the assessment was
  123  collected. The department is not subject to the procedures found
  124  in s. 287.057 in the expenditure of these funds. However, the
  125  director of the Division of Marketing and Development shall file
  126  with the internal auditor of the department a certification of
  127  conditions and circumstances justifying each contract or
  128  agreement entered into without competitive bidding.
  129         (6) An Any assessment levied upon citrus fruit under this
  130  section may not exceed the rate established in the marketing
  131  order and shall be at a rate not to exceed 1 cent per standard
  132  packed box of citrus fruit grown and placed into the primary
  133  channel of trade in this state. All revenues from such
  134  assessment collected by the department shall be deposited into
  135  the Citrus Inspection Trust Fund.
  136         Section 5. Subsection (32) of section 581.031, Florida
  137  Statutes, is amended to read:
  138         581.031 Department; powers and duties.—The department has
  139  the following powers and duties:
  140         (32) To The Department of Agriculture and Consumer Services
  141  shall conduct or cause to be conducted those research projects
  142  on citrus diseases, including, but not limited to, citrus canker
  143  and citrus greening, which are recommended by the Citrus
  144  Research and Development Foundation, Inc. Florida Citrus
  145  Production Research Advisory Council, within the limits of
  146  appropriations made specifically for such purpose.
  147         Section 6. This act shall take effect upon becoming a law.

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