Senate Bill 1114c1
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Florida Senate - 2000 CS for SB 1114
By the Committee on Agriculture and Consumer Services; and
Senator Thomas
303-1777-00
1 A bill to be entitled
2 An act relating to protection of agriculture
3 and horticulture; amending s. 581.091, F.S.;
4 clarifying provisions with respect to a
5 requirement to immediately inform the
6 Department of Agriculture and Consumer Services
7 upon receipt or possession of any noxious weed,
8 plant, plant product, or regulated article
9 infected or infested with any plant pest,
10 declared to be a threat to the state's
11 agricultural and horticultural interests, and
12 to hold such weed, plant, or article for
13 inspection; providing that it is unlawful to
14 fail to disclose information regarding any
15 infected or infested plant, plant product,
16 regulated article, or noxious weed; amending s.
17 581.184, F.S.; defining the terms "infected or
18 infested" and "exposed to infection" for
19 purposes of the act; requiring the department
20 to develop a statewide program of
21 decontamination to prevent and limit the spread
22 of citrus canker disease; providing program
23 requirements; authorizing the department to
24 develop specified compliance agreements and
25 other agreements; requiring county sheriffs,
26 upon request of the department, to provide
27 assistance in obtaining access to private
28 property for the purpose of enforcing citrus
29 canker eradication efforts; specifying
30 responsibilities of the sheriff; authorizing
31 the department to reimburse the sheriff for
1
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Florida Senate - 2000 CS for SB 1114
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1 reasonable costs of implementing the provisions
2 of the act; providing for satisfaction of
3 specified notice requirements; providing an
4 effective date.
5
6 WHEREAS, the citrus industry is very important to
7 Florida's economy, generating $8 billion in revenue and
8 providing nearly 100,000 jobs for Floridians, and
9 WHEREAS, every citizen in the state benefits from
10 property taxes, sales taxes, and other revenues generated by
11 the citrus industry, and
12 WHEREAS, Florida is known worldwide for its fresh and
13 processed citrus, and
14 WHEREAS, an emergency exists in the South Florida area
15 regarding the spread of citrus canker, a bacterial disease
16 that damages fruit, weakens and eventually kills trees, is
17 highly contagious, and the presence of which causes
18 quarantines to be imposed on the shipment of fresh fruit, and
19 WHEREAS, joint state and federal attempts to eradicate
20 citrus canker have so far been unsuccessful, and
21 WHEREAS, despite destruction of citrus trees infected
22 with citrus canker and of citrus trees within 125 feet of
23 canker-infected trees, citrus canker has spread at an alarming
24 rate and is now present throughout Miami-Dade County and
25 Broward County, and
26 WHEREAS, if not eradicated quickly, citrus canker will
27 spread to other parts of the state and may destroy the citrus
28 industry and dooryard citrus throughout Florida, and
29 WHEREAS, recent scientific studies have shown that
30 citrus trees as far as 1,900 feet from infected citrus trees
31
2
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Florida Senate - 2000 CS for SB 1114
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1 will develop the disease from wind-blown rain or by other
2 means, and
3 WHEREAS, the Third District Court of Appeals, in Luis
4 Varela, et al. v. State of Florida, Department of Agriculture
5 and Consumer Services, DCA Case No. 98-2966, held that citrus
6 trees within a certain radius of infection (originally thought
7 to be 125 feet but now scientifically determined to be at
8 least 1,900 feet) necessarily harbor the citrus canker
9 bacteria and thus are diseased and have no value, NOW,
10 THEREFORE,
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14
15 Section 1. Section 581.091, Florida Statutes, is
16 amended to read:
17 581.091 Noxious weeds and infected plants or regulated
18 articles; sale or distribution; receipt; information to
19 department; withholding information.--
20 (1) It is unlawful for any person to knowingly sell,
21 offer for sale, or distribute any noxious weed, or any plant
22 or plant product or regulated article infested or infected
23 with any plant pest declared, by rule of the department, to be
24 a public nuisance or a threat to the state's agricultural and
25 horticultural interests.
26 (2) Any person who knows or reasonably should know
27 that such person possesses or has received knowingly receives
28 any noxious weed or any plant, plant product, or regulated
29 article sold, given away, carried, shipped, or delivered for
30 carriage or shipment within this state, in violation of the
31 provisions of this chapter or the rules adopted thereunder
3
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Florida Senate - 2000 CS for SB 1114
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1 shall immediately inform the department and isolate and hold
2 the weed, plant, plant product, or other thing unopened or
3 unused subject to inspection or other disposition as may be
4 provided by the department.
5 (3) It is unlawful for any person to fail to disclose
6 knowingly conceal or willfully withhold available information
7 regarding any infected or infested plant, plant product,
8 regulated article, or noxious weed.
9 Section 2. Section 581.184, Florida Statutes, is
10 amended to read:
11 581.184 Adoption Promulgation of rules; citrus canker
12 eradication; voluntary destruction agreements; buffer zone.--
13 (1) As used in this section, the term:
14 (a) "Infected or infested" means citrus trees
15 harboring the citrus canker bacteria and exhibiting visible
16 symptoms of the disease.
17 (b) "Exposed to infection" means citrus trees
18 harboring the citrus canker bacteria due to their proximity,
19 within a 1,900-foot radius, to infected citrus trees, and
20 which do not yet exhibit visible symptoms of the disease but
21 which will develop symptoms over time, at which point such
22 trees will have infected other citrus trees.
23 (2)(1) In addition to the powers and duties set forth
24 under this chapter, the department is directed to adopt rules
25 specifying facts and circumstances that, if present, would
26 require the destruction of plants for purposes of eradicating,
27 controlling, or preventing the dissemination of citrus canker
28 disease in the state. In addition, the department is directed
29 to adopt rules regarding the conditions under which citrus
30 plants can be grown, moved, and planted in this state as may
31 be necessary for the eradication, control, or prevention of
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1 the dissemination of citrus canker. Such rules shall be in
2 effect for any period during which, in the judgment of the
3 Commissioner of Agriculture, there is the threat of the spread
4 of citrus canker disease in the state. Such rules may provide
5 for the conduct of any activity regulated by such rules
6 subject to an agreement by persons wishing to engage in such
7 activity to voluntarily destroy, at their own expense, citrus
8 plants declared by the department to be imminently dangerous
9 by reason of being infected or infested with citrus canker or
10 exposed to infection and likely to communicate same. The
11 terms of such agreement may also require the destruction of
12 healthy plants under specified conditions. Any such
13 destruction shall be done after reasonable notice in a manner
14 pursuant to and under conditions set forth in the agreement.
15 Such agreements may include releases and waivers of liability
16 and may require the agreement of other persons.
17 (3)(2) The department, pursuant to s. 581.031(15) and
18 (17), may create a citrus canker host-free buffer area,
19 delineated by department rule, to retard the spread of citrus
20 canker from known infected areas. In addition, the department
21 shall develop a compensation plan for the trees removed from
22 the buffer area. Compensation for the trees removed from the
23 buffer area is subject to annual legislative appropriation.
24 (4) The department shall develop by rule, pursuant to
25 ss. 120.54 and 120.536(1), a statewide program of
26 decontamination to prevent and limit the spread of citrus
27 canker disease. Such program shall address the application of
28 decontamination procedures and practices to all citrus plants
29 and plant products, vehicles, equipment, machinery, tools,
30 objects, and persons who could in any way spread or aid in the
31 spreading of citrus canker in this state. The department may
5
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Florida Senate - 2000 CS for SB 1114
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1 develop compliance and other agreements which it determines
2 can aid in the carrying out of the purposes of this section,
3 and enter into such agreements with any person or entity.
4 (5) Upon request of the department, the sheriff of
5 each county in the state shall provide assistance in obtaining
6 access to private property for the purpose of enforcing the
7 provisions of this section. The sheriff shall be responsible
8 for maintaining public order during the eradication process
9 and protecting the safety of department employees,
10 representatives, and agents charged with implementing and
11 enforcing the provisions of this section. The department may
12 reimburse the sheriff for the reasonable costs of implementing
13 the provisions of this subsection.
14 (6) Posting of an order on the property on which
15 citrus trees are to be cut pursuant to the citrus canker
16 eradication program shall meet the notice requirement of s.
17 120.569(1).
18 Section 3. This act shall take effect upon becoming a
19 law.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 Senate Bill 1114
23
24 The Committee Substitute for Senate Bill 1114 is different
from Senate Bill 1114 in that it:
25
* Clarifies the Department of Agriculture and Consumer
26 Services' authority to eradicate citrus canker.
27 * Authorizes the department to develop a statewide program
of decontamination to prevent and limit the spread of
28 citrus canker.
29 * Requires a person to notify the department when they
have received or are in possession of a noxious weed or
30 any plant, plant product, or regulated article infected
or infested with any plant pest which has been declared
31 to be a threat to the state's agricultural and
horticultural interests.
6