Senate Bill 1114c2

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    Florida Senate - 2000                    CS for CS for SB 1114

    By the Committees on Fiscal Policy; Agriculture and Consumer
    Services; and Senator Thomas




    309-1904-00

  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 risk-assessment program for

21         commercial plantings; requiring the department

22         to develop a statewide program of

23         decontamination to prevent and limit the spread

24         of citrus canker disease; providing program

25         requirements; authorizing the department to

26         develop specified compliance agreements and

27         other agreements; requiring county sheriffs,

28         upon request of the department, to provide

29         assistance in obtaining access to private

30         property for the purpose of enforcing citrus

31         canker eradication efforts; specifying

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  1         responsibilities of the sheriff; authorizing

  2         the department to reimburse the sheriff for

  3         reasonable costs of implementing the provisions

  4         of the act; providing for satisfaction of

  5         specified notice requirements; amending s.

  6         193.461, F.S.; providing for classification of

  7         lands subject to eradication or quarantine

  8         programs; amending s. 298.005, F.S.; redefining

  9         the term "owner" for purposes of ch. 298, F.S.,

10         relating to drainage and water control;

11         amending s. 298.11, F.S.; providing for

12         assessable land to entitle a landowner to vote

13         in an election of supervisors; amending s.

14         298.12, F.S.; limiting eligibility to vote in

15         such election to landowners whose assessments

16         are paid for the previous year; amending s.

17         298.22, F.S.; authorizing water control

18         districts to construct and operate facilities

19         to control and prevent agricultural pests and

20         diseases; amending s. 298.225, F.S.; specifying

21         those amendments that constitute insubstantial

22         amendments to a water control plan; providing

23         an effective date.

24

25         WHEREAS, the citrus industry is very important to

26  Florida's economy, generating $8 billion in revenue and

27  providing nearly 100,000 jobs for Floridians, and

28         WHEREAS, every citizen in the state benefits from

29  property taxes, sales taxes, and other revenues generated by

30  the citrus industry, and

31

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  1         WHEREAS, Florida is known worldwide for its fresh and

  2  processed citrus, and

  3         WHEREAS, an emergency exists in the South Florida area

  4  regarding the spread of citrus canker, a bacterial disease

  5  that damages fruit, weakens and eventually kills trees, is

  6  highly contagious, and the presence of which causes

  7  quarantines to be imposed on the shipment of fresh fruit, and

  8         WHEREAS, joint state and federal attempts to eradicate

  9  citrus canker have so far been unsuccessful, and

10         WHEREAS, despite destruction of citrus trees infected

11  with citrus canker and of citrus trees within 125 feet of

12  canker-infected trees, citrus canker has spread at an alarming

13  rate and is now present throughout Miami-Dade County and

14  Broward County, and

15         WHEREAS, if not eradicated quickly, citrus canker will

16  spread to other parts of the state and may destroy the citrus

17  industry and dooryard citrus throughout Florida, and

18         WHEREAS, recent scientific studies have shown that

19  citrus trees as far as 1,900 feet from infected citrus trees

20  will develop the disease from wind-blown rain or by other

21  means, and

22         WHEREAS, the Third District Court of Appeals, in Luis

23  Varela, et al. v. State of Florida, Department of Agriculture

24  and Consumer Services, DCA Case No. 98-2966, held that citrus

25  trees within a certain radius of infection (originally thought

26  to be 125 feet but now scientifically determined to be at

27  least 1,900 feet) necessarily harbor the citrus canker

28  bacteria and thus are diseased and have no value, NOW,

29  THEREFORE,

30

31  Be It Enacted by the Legislature of the State of Florida:

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  1

  2         Section 1.  Section 581.091, Florida Statutes, is

  3  amended to read:

  4         581.091  Noxious weeds and infected plants or regulated

  5  articles; sale or distribution; receipt; information to

  6  department; withholding information.--

  7         (1)  It is unlawful for any person to knowingly sell,

  8  offer for sale, or distribute any noxious weed, or any plant

  9  or plant product or regulated article infested or infected

10  with any plant pest declared, by rule of the department, to be

11  a public nuisance or a threat to the state's agricultural and

12  horticultural interests.

13         (2)  Any person who knows or reasonably should know

14  that such person possesses or has received knowingly receives

15  any noxious weed or any plant, plant product, or regulated

16  article sold, given away, carried, shipped, or delivered for

17  carriage or shipment within this state, in violation of the

18  provisions of this chapter or the rules adopted thereunder

19  shall immediately inform the department and isolate and hold

20  the weed, plant, plant product, or other thing unopened or

21  unused subject to inspection or other disposition as may be

22  provided by the department.

23         (3)  It is unlawful for any person to fail to disclose

24  knowingly conceal or willfully withhold available information

25  regarding any infected or infested plant, plant product,

26  regulated article, or noxious weed.

27         Section 2.  Section 581.184, Florida Statutes, is

28  amended to read:

29         581.184  Adoption Promulgation of rules; citrus canker

30  eradication; voluntary destruction agreements; buffer zone.--

31         (1)  As used in this section, the term:

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  1         (a)  "Infected or infested" means citrus trees

  2  harboring the citrus canker bacteria and exhibiting visible

  3  symptoms of the disease.

  4         (b)  "Exposed to infection" means citrus trees

  5  harboring the citrus canker bacteria due to their proximity,

  6  within a 1,900-foot radius, to infected citrus trees, and

  7  which do not yet exhibit visible symptoms of the disease but

  8  which will develop symptoms over time, at which point such

  9  trees will have infected other citrus trees.

10         (2)(1)  In addition to the powers and duties set forth

11  under this chapter, the department is directed to adopt rules

12  specifying facts and circumstances that, if present, would

13  require the destruction of plants for purposes of eradicating,

14  controlling, or preventing the dissemination of citrus canker

15  disease in the state.  In addition, the department is directed

16  to adopt rules regarding the conditions under which citrus

17  plants can be grown, moved, and planted in this state as may

18  be necessary for the eradication, control, or prevention of

19  the dissemination of citrus canker. Such rules shall be in

20  effect for any period during which, in the judgment of the

21  Commissioner of Agriculture, there is the threat of the spread

22  of citrus canker disease in the state.  Such rules may provide

23  for the conduct of any activity regulated by such rules

24  subject to an agreement by persons wishing to engage in such

25  activity to voluntarily destroy, at their own expense, citrus

26  plants declared by the department to be imminently dangerous

27  by reason of being infected or infested with citrus canker or

28  exposed to infection and likely to communicate same.  The

29  terms of such agreement may also require the destruction of

30  healthy plants under specified conditions.  Any such

31  destruction shall be done after reasonable notice in a manner

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  1  pursuant to and under conditions set forth in the agreement.

  2  Such agreements may include releases and waivers of liability

  3  and may require the agreement of other persons.

  4         (3)(2)  The department, pursuant to s. 581.031(15) and

  5  (17), may create a citrus canker host-free buffer area,

  6  delineated by department rule, to retard the spread of citrus

  7  canker from known infected areas.  In addition, the department

  8  shall develop a compensation plan for the trees removed from

  9  the buffer area. Compensation for the trees removed from the

10  buffer area is subject to annual legislative appropriation.

11         (4)  The department shall develop by rule and implement

12  a risk assessment program for commercial plantings.

13         (5)  The department shall develop by rule, pursuant to

14  ss. 120.54 and 120.536(1), a statewide program of

15  decontamination to prevent and limit the spread of citrus

16  canker disease. Such program shall address the application of

17  decontamination procedures and practices to all citrus plants

18  and plant products, vehicles, equipment, machinery, tools,

19  objects, and persons who could in any way spread or aid in the

20  spreading of citrus canker in this state. The department may

21  develop compliance and other agreements which it determines

22  can aid in the carrying out of the purposes of this section,

23  and enter into such agreements with any person or entity.

24         (6)  Upon request of the department, the sheriff of

25  each county in the state shall provide assistance in obtaining

26  access to private property for the purpose of enforcing the

27  provisions of this section. The sheriff shall be responsible

28  for maintaining public order during the eradication process

29  and protecting the safety of department employees,

30  representatives, and agents charged with implementing and

31  enforcing the provisions of this section. The department may

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  1  reimburse the sheriff for the reasonable costs of implementing

  2  the provisions of this subsection.

  3         (7)  Posting of an order on the property on which

  4  citrus trees are to be cut pursuant to the citrus canker

  5  eradication program shall meet the notice requirement of s.

  6  120.569(1).

  7         Section 3.  Section 193.461, Florida Statutes, is

  8  amended to read:

  9         193.461  Agricultural lands; classification and

10  assessment; mandated eradication or quarantine program.--

11         (1)  The property appraiser shall, on an annual basis,

12  classify for assessment purposes all lands within the county

13  as either agricultural or nonagricultural.

14         (2)  Any landowner whose land is denied agricultural

15  classification by the property appraiser may appeal to the

16  value adjustment board.  The property appraiser shall notify

17  the landowner in writing of the denial of agricultural

18  classification on or before July 1 of the year for which the

19  application was filed.  The notification shall advise the

20  landowner of his or her right to appeal to the value

21  adjustment board and of the filing deadline. The board may

22  also review all lands classified by the property appraiser

23  upon its own motion.  The property appraiser shall have

24  available at his or her office a list by ownership of all

25  applications received showing the acreage, the full valuation

26  under s. 193.011, the valuation of the land under the

27  provisions of this section, and whether or not the

28  classification requested was granted.

29         (3)(a)  No lands shall be classified as agricultural

30  lands unless a return is filed on or before March 1 of each

31  year.  The property appraiser, before so classifying such

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  1  lands, may require the taxpayer or the taxpayer's

  2  representative to furnish the property appraiser such

  3  information as may reasonably be required to establish that

  4  such lands were actually used for a bona fide agricultural

  5  purpose.  Failure to make timely application by March 1 shall

  6  constitute a waiver for 1 year of the privilege herein granted

  7  for agricultural assessment.  However, an applicant who is

  8  qualified to receive an agricultural classification who fails

  9  to file an application by March 1 may file an application for

10  the classification and may file, pursuant to s. 194.011(3), a

11  petition with the value adjustment board requesting that the

12  classification be granted.  The petition may be filed at any

13  time during the taxable year on or before the 25th day

14  following the mailing of the notice by the property appraiser

15  as provided in s. 194.011(1). Notwithstanding the provisions

16  of s. 194.013, the applicant must pay a nonrefundable fee of

17  $15 upon filing the petition.  Upon reviewing the petition, if

18  the person is qualified to receive the classification and

19  demonstrates particular extenuating circumstances judged by

20  the property appraiser or the value adjustment board to

21  warrant granting the classification, the property appraiser or

22  the value adjustment board may grant the classification. The

23  owner of land that was classified agricultural in the previous

24  year and whose ownership or use has not changed may reapply on

25  a short form as provided by the department.  The lessee of

26  property may make original application or reapply using the

27  short form if the lease, or an affidavit executed by the

28  owner, provides that the lessee is empowered to make

29  application for the agricultural classification on behalf of

30  the owner and a copy of the lease or affidavit accompanies the

31  application.  A county may, at the request of the property

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  1  appraiser and by a majority vote of its governing body, waive

  2  the requirement that an annual application or statement be

  3  made for classification of property within the county after an

  4  initial application is made and the classification granted.

  5         (b)  Subject to the restrictions set out in this

  6  section, only lands which are used primarily for bona fide

  7  agricultural purposes shall be classified agricultural. "Bona

  8  fide agricultural purposes" means good faith commercial

  9  agricultural use of the land. In determining whether the use

10  of the land for agricultural purposes is bona fide, the

11  following factors may be taken into consideration:

12         1.  The length of time the land has been so utilized;

13         2.  Whether the use has been continuous;

14         3.  The purchase price paid;

15         4.  Size, as it relates to specific agricultural use;

16         5.  Whether an indicated effort has been made to care

17  sufficiently and adequately for the land in accordance with

18  accepted commercial agricultural practices, including, without

19  limitation, fertilizing, liming, tilling, mowing, reforesting,

20  and other accepted agricultural practices;

21         6.  Whether such land is under lease and, if so, the

22  effective length, terms, and conditions of the lease; and

23         7.  Such other factors as may from time to time become

24  applicable.

25         (c)  The maintenance of a dwelling on part of the lands

26  used for agricultural purposes shall not in itself preclude an

27  agricultural classification.

28         (d)  When property receiving an agricultural

29  classification contains a residence under the same ownership,

30  the portion of the property consisting of the residence and

31  curtilage must be assessed separately, pursuant to s. 193.011,

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  1  to qualify for the assessment limitation set forth in s.

  2  193.155. The remaining property may be classified under the

  3  provisions of paragraphs (a) and (b).

  4         (4)(a)  The property appraiser shall reclassify the

  5  following lands as nonagricultural:

  6         1.  Land diverted from an agricultural to a

  7  nonagricultural use.

  8         2.  Land no longer being utilized for agricultural

  9  purposes.

10         3.  Land that has been zoned to a nonagricultural use

11  at the request of the owner subsequent to the enactment of

12  this law.

13         (b)  The board of county commissioners may also

14  reclassify lands classified as agricultural to nonagricultural

15  when there is contiguous urban or metropolitan development and

16  the board of county commissioners finds that the continued use

17  of such lands for agricultural purposes will act as a

18  deterrent to the timely and orderly expansion of the

19  community.

20         (c)  Sale of land for a purchase price which is 3 or

21  more times the agricultural assessment placed on the land

22  shall create a presumption that such land is not used

23  primarily for bona fide agricultural purposes.  Upon a showing

24  of special circumstances by the landowner demonstrating that

25  the land is to be continued in bona fide agriculture, this

26  presumption may be rebutted.

27         (5)  For the purpose of this section, "agricultural

28  purposes" includes, but is not limited to, horticulture;

29  floriculture; viticulture; forestry; dairy; livestock;

30  poultry; bee; pisciculture, when the land is used principally

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  1  for the production of tropical fish; aquaculture; sod farming;

  2  and all forms of farm products and farm production.

  3         (6)(a)  In years in which proper application for

  4  agricultural assessment has been made and granted pursuant to

  5  this section, the assessment of land shall be based solely on

  6  its agricultural use. The property appraiser shall consider

  7  the following use factors only:

  8         1.  The quantity and size of the property;

  9         2.  The condition of the property;

10         3.  The present market value of the property as

11  agricultural land;

12         4.  The income produced by the property;

13         5.  The productivity of land in its present use;

14         6.  The economic merchantability of the agricultural

15  product; and

16         7.  Such other agricultural factors as may from time to

17  time become applicable, which are reflective of the standard

18  present practices of agricultural use and production.

19         (b)  Notwithstanding any provision relating to annual

20  assessment found in s. 192.042, the property appraiser shall

21  rely on 5-year moving average data when utilizing the income

22  methodology approach in an assessment of property used for

23  agricultural purposes.

24         (c)  For purposes of the income methodology approach to

25  assessment of property used for agricultural purposes,

26  irrigation systems, including pumps and motors, physically

27  attached to the land shall be considered a part of the average

28  yields per acre and shall have no separately assessable

29  contributory value.

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  1         (d)  In years in which proper application for

  2  agricultural assessment has not been made, the land shall be

  3  assessed under the provisions of s. 193.011.

  4         (7)  Lands classified for assessment purposes as

  5  agricultural lands which are taken out of production by any

  6  state or federal eradication or quarantine program shall

  7  continue to be classified as agricultural lands for the

  8  duration of such program. Lands under these programs which are

  9  converted to fallow, or otherwise nonincome-producing uses

10  shall continue to be classified as agricultural lands and

11  shall be assessed at a de minimis value of no more than $50

12  per acre, on a single year assessment methodology; however,

13  lands converted to other income-producing agricultural uses

14  permissible under such programs shall be assessed pursuant to

15  this section. Land under a mandated eradication or quarantine

16  program which is diverted from an agricultural to a

17  nonagricultural use shall be assessed under the provisions of

18  s. 193.011.

19         Section 4.  Subsection (2) of section 298.005, Florida

20  Statutes, is amended to read:

21         298.005  Definitions.--As used in this chapter, the

22  term:

23         (2)  "Owner" means the owner of the freehold estate,

24  subject to assessment pursuant to this chapter, as appears by

25  the deed record. The term does not include reversioners,

26  remaindermen, or mortgagees, who are not to be counted and

27  need not be notified by publication or served by process, but

28  are to be represented by the present owners of the freehold

29  estate in any proceeding under this chapter.

30         Section 5.  Subsection (2) of section 298.11, Florida

31  Statutes, is amended to read:

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  1         298.11  Landowners' meetings; election of board of

  2  supervisors; duties of Department of Environmental

  3  Protection.--

  4         (2)  The landowners, when assembled, shall organize by

  5  the election of a chair and secretary of the meeting, who

  6  shall conduct the election. At the election, each and every

  7  acre of assessable land in the district shall represent one

  8  share, and each owner shall be entitled to one vote in person

  9  or by proxy in writing duly signed, for every acre of

10  assessable land owned by him or her in the district, and the

11  three persons receiving the highest number of votes shall be

12  declared elected as supervisors. The appointment of proxies

13  shall comply with s. 607.0722. Landowners owning less than 1

14  assessable acre in the aggregate shall be entitled to one

15  vote. Landowners with more than 1 assessable acre are entitled

16  to one additional vote for any fraction of an acre greater

17  than  1/2  acre, when all of the landowners' acreage has been

18  aggregated for purposes of voting. The landowners shall at

19  such election determine the length of the terms of office of

20  each supervisor so elected by them, which shall be

21  respectively 1, 2, and 3 years, and they shall serve until

22  their successors shall have been elected and qualified.

23         Section 6.  Subsection (1) of section 298.12, Florida

24  Statutes, is amended to read:

25         298.12  Annual election of supervisors; term of office;

26  vacancy.--

27         (1)  Every year in the same month after the time for

28  the election of the first board of supervisors, it shall call

29  a meeting of the landowners in the district in the same manner

30  as is provided for in s. 298.11, and the owners of land in

31  such district shall meet at the stated time and place and

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  1  elect one supervisor. Owners whose assessments have not been

  2  paid for the previous year are not entitled to vote. therefor,

  3  or In case of their failure to elect, the Governor shall

  4  appoint such supervisor, who shall hold the supervisor's

  5  office for 3 years or until his or her successor is elected

  6  and qualified; and in case of a vacancy in any office of

  7  supervisor elected by the landowners, the remaining

  8  supervisors or, if they fail to act within 30 days, the

  9  Governor may fill such vacancy until the next annual meeting,

10  when a successor shall be elected for the unexpired term.

11         Section 7.  Subsection (11) is added to section 298.22,

12  Florida Statutes, to read:

13         298.22  Powers of supervisors.--The board of

14  supervisors of the district has full power and authority to

15  construct, complete, operate, maintain, repair, and replace

16  any and all works and improvements necessary to execute the

17  water control plan. Subject to the applicable provisions of

18  chapter 373 or chapter 403, the board of supervisors:

19         (11)  May construct and operate facilities for the

20  purpose of controlling and preventing the spread or

21  introduction of agricultural pests and diseases.

22         Section 8.  Subsection (8) of section 298.225, Florida

23  Statutes, is amended to read:

24         298.225  Water control plan; plan development and

25  amendment.--

26         (8)  If the preparation of a water control plan or

27  amendment under this section does not result in revision of

28  the district's current plan or require the alteration or

29  increase of any levy of assessments or taxes beyond the

30  maximum amount previously authorized by general law, special

31  law, or judicial proceeding, a change in the use of said

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  1  assessments or taxes, or substantial change to district

  2  facilities, the provisions of s. 298.301(2)-(9) do not apply

  3  to the plan adoption process. This section and s. 298.301 do

  4  not apply to minor, insubstantial amendments to district plans

  5  authorized by special law. Minor, insubstantial amendments

  6  include amendments to the water control plan which replace,

  7  relocate, reconstruct, or improve and upgrade district

  8  facilities and operations consistent with the adopted water

  9  control plan, but which do not require increasing assessments

10  beyond the maximum amount authorized by law.

11         Section 9.  This act shall take effect upon becoming a

12  law.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                          CS for SB 1114

16

17  Requires the Department of Agriculture and Consumer Services
    to develop a rule to implement a risk assessment program for
18  canker eradication for commercial plantings.

19  Allows landowners, under certain circumstances, to retain
    their agricultural status for property assessment while their
20  land is under any agricultural eradication or quarantine
    program.
21
    Revises the definition of owner to specify that an owner is
22  subject to assessment for a Water Control District.

23  Specifies that each acre of assessable land shall represent
    one share and one vote for a Water Control District.
24
    Clarifies that only landowners who have paid their Water
25  Control District assessments may vote for the district
    supervisor.
26
    Authorizes Water Control Districts to construct and operate
27  facilities to prevent canker and other agricultural diseases
    and pests.
28
    Defines "minor and insubstantial amendments" to a water
29  control plan as those improvements that are consistent with
    the plan and do not require increased assessments.
30

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