House Bill 2209

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    Florida House of Representatives - 2000                HB 2209

        By the Committee on Agriculture and Representatives
    Putnam, Peaden, Bainter, Harrington, Spratt, J. Miller,
    Patterson and Stansel




  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 "infected or infested"

18         and "exposed to infection" for purposes of the

19         act; requiring the department to develop a risk

20         assessment program for commercial planting;

21         requiring the department to develop a statewide

22         program of decontamination to prevent and limit

23         the spread of citrus canker disease; providing

24         program requirements; authorizing the

25         department to develop specified compliance

26         agreements and other agreements; requiring

27         county sheriffs, upon request of the

28         department, to provide assistance in obtaining

29         access to private property for the purpose of

30         enforcing citrus canker eradication efforts;

31         specifying responsibilities of the sheriff;

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    Florida House of Representatives - 2000                HB 2209

    188-560A-00






  1         authorizing the department to reimburse the

  2         sheriff for reasonable costs of implementing

  3         the provisions of the act; providing for

  4         satisfaction of specified notice requirements;

  5         amending s. 298.22, F.S.; authorizing water

  6         control districts to construct and operate

  7         facilities to control and prevent agricultural

  8         pests and diseases; providing an effective

  9         date.

10

11         WHEREAS, the citrus industry is very important to

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

13  providing nearly 100,000 jobs for Floridians, and

14         WHEREAS, every citizen in the state benefits from

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

16  the citrus industry, and

17         WHEREAS, Florida is known worldwide for its fresh and

18  processed citrus, and

19         WHEREAS, an emergency exists in the South Florida area

20  regarding the spread of citrus canker, a bacterial disease

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

22  highly contagious, and the presence of which causes

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

24         WHEREAS, joint state and federal attempts to eradicate

25  citrus canker have so far been unsuccessful, and

26         WHEREAS, despite destruction of citrus trees infected

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

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

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

30  Broward County, and

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    Florida House of Representatives - 2000                HB 2209

    188-560A-00






  1         WHEREAS, if not eradicated quickly, citrus canker will

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

  3  industry and dooryard citrus throughout Florida, and

  4         WHEREAS, recent scientific studies have shown that

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

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

  7  means, and

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

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

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

11  trees within a certain radius of infection (originally thought

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

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

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

15  THEREFORE,

16

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

18

19         Section 1.  Section 581.091, Florida Statutes, is

20  amended to read:

21         581.091  Noxious weeds and infected plants or regulated

22  articles; sale or distribution; receipt; information to

23  department; withholding information.--

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

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

26  or plant product or regulated article infested or infected

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

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

29  horticultural interests.

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

31  that such person possesses or has received knowingly receives

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    Florida House of Representatives - 2000                HB 2209

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

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

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

  4  provisions of this chapter or the rules adopted thereunder

  5  shall immediately inform the department and isolate and hold

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

  7  unused subject to inspection or other disposition as may be

  8  provided by the department.

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

10  knowingly conceal or willfully withhold available information

11  regarding any infected or infested plant, plant product,

12  regulated article, or noxious weed.

13         Section 2.  Section 581.184, Florida Statutes, is

14  amended to read:

15         581.184  Promulgation of rules; citrus canker

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

17         (1)  For the purposes of this section:

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

19  harboring the citrus canker bacteria and exhibiting visible

20  symptoms of the disease.

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

22  harboring the citrus canker bacteria due to their proximity,

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

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

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

26  trees will have infected other citrus trees.

27         (2)(1)  In addition to the powers and duties set forth

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

29  specifying facts and circumstances that, if present, would

30  require the destruction of plants for purposes of eradicating,

31  controlling, or preventing the dissemination of citrus canker

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    Florida House of Representatives - 2000                HB 2209

    188-560A-00






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

  2  to adopt rules regarding the conditions under which citrus

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

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

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

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

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

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

  9  for the conduct of any activity regulated by such rules

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

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

12  plants declared by the department to be imminently dangerous

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

14  exposed to infection and likely to communicate same.  The

15  terms of such agreement may also require the destruction of

16  healthy plants under specified conditions.  Any such

17  destruction shall be done after reasonable notice in a manner

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

19  Such agreements may include releases and waivers of liability

20  and may require the agreement of other persons.

21         (3)(2)  The department, pursuant to s. 581.031(15) and

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

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

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

25  shall develop a compensation plan for the trees removed from

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

27  buffer area is subject to annual legislative appropriation.

28         (4)  The department shall develop by rule, pursuant to

29  ss. 120.54 and 120.536(1), and implement a risk assessment

30  program for commercial planting.

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    Florida House of Representatives - 2000                HB 2209

    188-560A-00






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

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

  3  decontamination to prevent and limit the spread of citrus

  4  canker disease. Such program shall address the application of

  5  decontamination procedures and practices to all citrus plants

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

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

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

  9  develop compliance and other agreements which it determines

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

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

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

13  each county in the state shall provide assistance in obtaining

14  access to private property for the purpose of enforcing the

15  provisions of this section. The sheriff shall be responsible

16  for maintaining public order during the eradication process

17  and protecting the safety of department employees,

18  representatives, and agents charged with implementing and

19  enforcing the provisions of this section. The department may

20  reimburse the sheriff for the reasonable costs of implementing

21  the provisions of this subsection.

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

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

24  eradication program shall meet the notice requirement of s.

25  120.569(1).

26         Section 3.  Subsection (11) is added to section 298.22,

27  Florida Statutes, to read:

28         298.22  Powers of supervisors.--The board of

29  supervisors of the district has full power and authority to

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

31  any and all works and improvements necessary to execute the

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    Florida House of Representatives - 2000                HB 2209

    188-560A-00






  1  water control plan. Subject to the applicable provisions of

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

  3         (11)  May construct and operate facilities to control

  4  and prevent agricultural pests and diseases.

  5         Section 4.  This act shall take effect upon becoming a

  6  law.

  7

  8            *****************************************

  9                          HOUSE SUMMARY

10
      Clarifies provisions with respect to a requirement to
11    immediately inform the Department of Agriculture and
      Consumer Services upon receipt or possession of any
12    noxious weed, plant, plant product, or regulated article
      infested or infected with any plant pest, declared to be
13    a threat to the state's agricultural and horticultural
      interests, and to hold such weed, plant, or article for
14    inspection. Provides that it is unlawful to fail to
      disclose information regarding any infected or infested
15    plant, plant product, regulated article, or noxious weed.
      Defines "infected or infested" and "exposed to infection"
16    for purposes of the act. Requires the department to
      develop a risk assessment program for commercial
17    planting. Requires the department to develop a statewide
      program of decontamination to prevent and limit the
18    spread of citrus canker disease.  Provides program
      requirements. Authorizes the department to develop
19    specified compliance agreements and other agreements for
      the purpose of carrying out the provisions of the act.
20    Requires county sheriffs, upon request of the department,
      to provide assistance in obtaining access to private
21    property for the purpose of enforcing citrus canker
      eradication efforts. Specifies responsibilities of the
22    sheriff.  Authorizes the department to reimburse the
      sheriff for reasonable costs of implementing the
23    provisions of the act.  Provides that posting of an order
      on property on which citrus trees are to be cut meets
24    specified notice requirements. Authorizes water control
      districts to construct and operate facilities to control
25    and prevent agricultural pests and diseases.

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