Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1010
       
       
       
       
       
       
                                Ì638388]Î638388                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/11/2016           .                                
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       The Committee on Agriculture (Galvano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 553 and 554
    4  insert:
    5         Section 21. Effective upon becoming a law, section 581.189,
    6  Florida Statutes, is created to read:
    7         581.189 Grove Removal or Vector Elimination (GROVE)
    8  Program.—
    9         (1)There is created within the Department of Agriculture
   10  and Consumer Services the Grove Removal or Vector Elimination
   11  Program, a cost-sharing program for the removal or destruction
   12  of abandoned citrus groves to eliminate the material harboring
   13  the citrus disease Huanglongbing, also known as citrus greening,
   14  and the vectors that spread the disease.
   15         (2)For purposes of this section, the term:
   16         (a)“Abandoned citrus grove” means a citrus grove that has
   17  minimal or no production value and is no longer economically
   18  viable as a commercial citrus grove.
   19         (b)“Applicant” means the person who owns an abandoned
   20  citrus grove.
   21         (c)“Eligible costs” means the costs, incurred after an
   22  application is selected for funding, of the removal or
   23  destruction the citrus trees and the elimination of any citrus
   24  greening vectors, as described in the removal or destruction
   25  plan in the funded application.
   26         (d)“Funded application” means an application selected for
   27  cost-share funding pursuant to this section and rules adopted by
   28  the department.
   29         (e)“Program” means the Grove Removal or Vector Elimination
   30  Program.
   31         (3)The department shall adopt by rule the standards to be
   32  used in reviewing and ranking applications for cost-share
   33  funding under the program based on the following factors:
   34         (a)The length of time the citrus groves have been
   35  abandoned.
   36         (b)Whether the citrus groves are located within a Citrus
   37  Health Management Area.
   38         (c)The proximity of the abandoned citrus groves to other
   39  citrus groves currently in production.
   40         (4)An applicant may submit multiple applications for the
   41  program, but is eligible only for a maximum of $125,000 in
   42  program cost-share funding in a given fiscal year. The
   43  department may award to each funded application a cost-share of
   44  up to 80 percent of eligible costs. The total amount of cost
   45  share allocated under the program in each fiscal year may not
   46  exceed the amount specifically appropriated for the program for
   47  the fiscal year.
   48         (5)An applicant seeking cost-share assistance under the
   49  program must submit an application to the department by a date
   50  determined by department rule. The application must include, at
   51  minimum:
   52         (a)The applicant’s plan to remove or destroy citrus trees
   53  and any citrus greening vectors in the abandoned citrus grove.
   54         (b)An affidavit from the applicant certifying that all
   55  information contained in the application is true and correct.
   56         (c)All information determined by rule to be necessary for
   57  the department to determine eligibility for the program and rank
   58  applications.
   59         (6)If the department determines an application to be
   60  incomplete, it may require the applicant to submit additional
   61  information within 10 days after such determination is made.
   62         (7)Each fiscal year, the department shall review all
   63  complete applications received in accordance with its rules
   64  adopted pursuant to subsection (5). For each such complete
   65  submitted application, the department must rank the applications
   66  in accordance with the factors specified in subsection (3) and,
   67  before selecting an application for funding, must conduct an
   68  inspection of the abandoned citrus grove that is the subject of
   69  the application.
   70         (8)The department may deny an application pursuant to
   71  chapter 120 for failure to comply with this section and
   72  department rules.
   73         (9)If an application is selected for funding, the
   74  applicant must initiate and complete the removal or destruction
   75  of the citrus trees identified in the application within the
   76  timeframe specified by department rule. The applicant’s failure
   77  to initiate and complete the removal or destruction of the
   78  identified citrus trees within the time specified by the
   79  department results in the forfeiture of the cost-share funding
   80  approved based on the application. Upon such occurrence, the
   81  department shall notify the next eligible applicant, based upon
   82  its ranking of applicants for the fiscal year, of the
   83  availability of cost-share funding. Such applicant, upon
   84  acceptance, may be awarded cost-share funding pursuant to this
   85  section, subject to available program funds.
   86         (10)Upon completion of the removal or destruction of the
   87  citrus trees identified in the funded application, the applicant
   88  shall present proof of payment of removal or destruction costs
   89  to the department. Upon receipt of satisfactory proof of payment
   90  and satisfactory proof of the removal or destruction of the
   91  trees identified in the funded application, the department may
   92  issue payment to the applicant for the previously approved cost
   93  share amount.
   94         (11)The department may adopt rules to implement and
   95  administer this section, including an application process and
   96  requirements, an application ranking process that is consistent
   97  with the factors specified in subsection (3), and the
   98  administration of cost-share funding.
   99         (12)The annual awarding of funding through the program is
  100  subject to specific legislative appropriation for this purpose.
  101  ================= T I T L E A M E N D M E N T ================
  102  And the title is amended as follows:
  103         Delete line 64
  104  and insert:
  105         products; creating s. 581.189, F.S.; creating the
  106         Grove Removal or Vector Elimination (GROVE) Program;
  107         specifying the purpose of the program; defining terms;
  108         requiring the department to adopt rules for reviewing
  109         and ranking applications for cost-share funding to
  110         removal or destroy abandoned citrus groves;
  111         establishing per applicant award maximums; specifying
  112         that the total funds awarded in a fiscal year cannot
  113         exceed the amount specifically appropriated for the
  114         program; specifying application requirements;
  115         specifying how the department must process
  116         applications; specifying that noncompliance will
  117         result in forfeiture of cost-share funds; requiring
  118         the department to rank and review applications and to
  119         conduct a certain inspection; specifying grounds for
  120         denial of an application; requiring applicants
  121         selected for funding to timely initiate and complete
  122         the removal of identified citrus trees in accordance
  123         with their respective applications; providing the
  124         process for making payments to applicants; authorizing
  125         the department to adopt rules; specifying that funding
  126         for the program is contingent upon specific
  127         appropriation by the Legislature; amending s. 582.01,
  128         F.S.; redefining terms