Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
Barcode 245564
CHAMBER ACTION
Senate House
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04/21/2006 12:51 PM .
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11 The Committee on General Government Appropriations (Baker)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 581.184, Florida Statutes, is
19 amended to read:
20 581.184 Adoption of rules; citrus disease management
21 canker eradication; voluntary destruction agreements.--
22 (1) The department shall adopt by rule, pursuant to
23 ss. 120.536(1) and 120.54, and implement a comprehensive
24 citrus health plan to minimize the impact of exotic citrus
25 pests and diseases to citrus production and to allow for the
26 orderly marketing of citrus fruit in other states and
27 countries. As used in this section, the term:
28 (a) "Infected or infested" means citrus trees
29 harboring the citrus canker bacteria and exhibiting visible
30 symptoms of the disease.
31 (b) "Exposed to infection" means citrus trees located
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
Barcode 245564
1 within 1,900 feet of an infected tree.
2 (2)(a) The department shall remove and destroy all
3 infected citrus trees and all citrus trees exposed to
4 infection. The department may destroy, by chipping, trees
5 removed pursuant to this section. Notice of the removal of
6 such trees, by immediate final order, shall be provided to the
7 owner of the property on which such trees are located. An
8 immediate final order issued by the department pursuant to
9 this section shall notify the property owner that the citrus
10 trees that are the subject of the immediate final order will
11 be removed and destroyed unless the property owner, no later
12 than 10 days after delivery of the immediate final order
13 pursuant to subsection (3), requests and obtains a stay of the
14 immediate final order from the district court of appeal with
15 jurisdiction to review such requests. The property owner shall
16 not be required to seek a stay of the immediate final order by
17 the department prior to seeking the stay from the district
18 court of appeal.
19 (2)(b) Regulation of the removal or destruction of
20 citrus trees pursuant to this section is hereby preempted to
21 the state. No county, municipal, or other local ordinance or
22 other regulation that would otherwise impose requirements,
23 restrictions, or conditions upon the department or its
24 contractors with respect to the removal or destruction of
25 citrus trees pursuant to this section shall be enforceable
26 against the department or its contractors.
27 (3) Any immediate final order issued by the department
28 pursuant to this section:
29 (a) May be delivered in person, by certified mail, or
30 by attaching the order to a conspicuous place on the property
31 on which a citrus tree to be removed is located.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
Barcode 245564
1 (b) Is not required to be adopted by the department as
2 a rule.
3 (4) Simultaneously with the delivery of an immediate
4 final order, the department shall also provide the following
5 information to a property owner:
6 (a) The physical location of the infected tree which
7 has necessitated removal and destruction of the property
8 owner's tree.
9 (b) The diagnostic report that resulted in the
10 determination that the infected tree is infected with the
11 citrus canker.
12 (3)(5) The department shall is directed to adopt
13 rules, pursuant to ss. 120.536(1) and 120.54, regarding the
14 conditions under which citrus plants, other than those that
15 are infected or exposed to infection, can be grown, moved, and
16 planted in this state as may be necessary for the eradication,
17 control, or prevention of the dissemination of citrus diseases
18 canker. Such rules shall be in effect for any period during
19 which, in the judgment of the Commissioner of Agriculture,
20 there is the threat of the spread of citrus diseases canker
21 disease in the state. Such rules may provide for the conduct
22 of any activity regulated by such rules subject to an
23 agreement by persons wishing to engage in such activity to
24 voluntarily destroy, at their own expense, citrus plants
25 declared by the department to be imminently dangerous by
26 reason of being infected or infested with citrus canker or
27 exposed to infection and likely to communicate same. The terms
28 of such agreement may also require the destruction of healthy
29 plants under specified conditions. Any such destruction shall
30 be done after reasonable notice in a manner pursuant to and
31 under conditions set forth in the agreement. Such agreements
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
Barcode 245564
1 may include releases and waivers of liability and may require
2 the agreement of other persons.
3 (4)(6) The department shall develop by rule, pursuant
4 to ss. 120.536(1) and 120.54, a statewide program of
5 decontamination to prevent and limit the spread of citrus
6 canker disease. Such program shall address the application of
7 decontamination procedures and practices to all citrus plants
8 and plant products, vehicles, equipment, machinery, tools,
9 objects, and persons who could in any way spread or aid in the
10 spreading of citrus canker in this state. In order to prevent
11 contamination of soil and water, such rules shall be developed
12 in consultation with the Department of Environmental
13 Protection. The department may develop compliance and other
14 agreements which it determines can aid in the carrying out of
15 the purposes of this section, and enter into such agreements
16 with any person or entity.
17 (5)(7) Owners or and/or operators of nonproduction
18 vehicles and equipment shall follow the department guidelines
19 for citrus canker decontamination effective June 15, 2000. The
20 department shall publish the guidelines in the Florida
21 Administrative Weekly and on the department Internet website.
22 The guidelines shall be posted no later than May 15, 2000.
23 (6)(8) Notwithstanding any provision of law, the
24 Department of Environmental Protection is not authorized to
25 institute proceedings against any person under the provisions
26 of s. 376.307(5) to recover any costs or damages associated
27 with contamination of soil or water, or the evaluation,
28 assessment, or remediation of contamination of soil or water,
29 including sampling, analysis, and restoration of soil or
30 potable water supplies, where the contamination of soil or
31 water is determined to be the result of a program of
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
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1 decontamination to prevent and limit the spread of citrus
2 canker disease pursuant to rules developed under this section.
3 This subsection does not limit regulatory authority under a
4 federally delegated or approved program.
5 (7)(9) Upon request of the department, the sheriff or
6 chief law enforcement officer of each county in the state
7 shall provide assistance in obtaining access to private
8 property for the purpose of enforcing the provisions of this
9 section. The sheriff or chief law enforcement officer shall be
10 responsible for maintaining public order during the citrus
11 disease management eradication process and protecting the
12 safety of department employees, representatives, and agents
13 charged with implementing and enforcing the provisions of this
14 section. The department may reimburse the sheriff or chief law
15 enforcement officer for the reasonable costs of implementing
16 the provisions of this subsection.
17 (10) Posting of an order on the property on which
18 citrus trees are to be cut pursuant to the citrus canker
19 eradication program shall meet the notice requirement of s.
20 120.569(1).
21 Section 2. Section 581.1843, Florida Statutes, is
22 created to read:
23 581.1843 Citrus nursery stock propagation and
24 production and the establishment of regulated areas around
25 citrus nurseries.--
26 (1) As used in this section, the term "commercial
27 citrus grove" means a solid set planting of 40 or more citrus
28 trees.
29 (2) Effective January 1, 2007, it is unlawful for any
30 person to propagate for sale or movement any citrus nursery
31 stock that was not propagated or grown on a site and within a
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
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1 protective structure approved by the department and that is
2 not at least 1 mile away from commercial citrus groves. A
3 citrus nursery registered with the department prior to April
4 1, 2006, shall not be required to comply with the 1-mile
5 setback from commercial citrus groves while continuously
6 operating at the same location for which it was registered.
7 However, the nursery shall be required to propagate citrus
8 within a protective structure approved by the department.
9 Effective January 1, 2008, it shall be unlawful to distribute
10 any citrus nursery stock that was not produced in a protective
11 structure approved by the department.
12 (3) The department shall adopt rules pursuant to ss.
13 120.536(1) and 120.54 which set forth the conditions under
14 which citrus nursery stock can be propagated, grown, sold, or
15 moved and the specifications for the approved site and
16 protective structure.
17 (4) Under the provisions of this chapter, the
18 department shall adopt rules that are consistent with
19 scientific findings and recommendations of the Citrus Budwood
20 Technical Advisory Committee to regulate all genera of the
21 Rutaceous subfamilies Aurantioideae, Rutoideae, and
22 Toddalioideae that pose a threat of introducing or spreading a
23 citrus plant pest.
24 (5) The department shall establish regulated areas
25 around the perimeter of commercial citrus nurseries that were
26 established on sites after April 1, 2006, not to exceed a
27 radius of 1 mile. The planting of citrus in an established
28 regulated area is prohibited. The planting of citrus within a
29 1-mile radius of commercial citrus nurseries that were
30 established on sites prior to April 1, 2006, must be approved
31 by the department. Citrus plants planted within a regulated
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
Barcode 245564
1 area prior to the establishment of the regulated area may
2 remain in the regulated area unless the department determines
3 the citrus plants to be infected or infested with citrus
4 canker or citrus greening. The department shall require the
5 removal of infected or infested citrus, nonapproved planted
6 citrus, and citrus that has sprouted by natural means in
7 regulated areas. The property owner shall be responsible for
8 the removal of citrus planted without proper approval. Notice
9 of the removal of citrus trees, by immediate final order of
10 the department, shall be provided to the owner of the property
11 on which the trees are located. An immediate final order
12 issued by the department under this section shall notify the
13 property owner that the citrus trees, which are the subject of
14 the immediate final order, must be removed and destroyed
15 unless the property owner, no later than 10 days after
16 delivery of the immediate final order, requests and obtains a
17 stay of the immediate final order from the district court of
18 appeal with jurisdiction to review such requests. The property
19 owner shall not be required to seek a stay from the department
20 of the immediate final order prior to seeking a stay from the
21 district court of appeal.
22 (6) Regulation of the removal or destruction of citrus
23 plants under this section is preempted to the state. No
24 county, municipal, or other local ordinance or other
25 regulation that would otherwise impose requirements,
26 restrictions, or conditions upon the department or its
27 contractors with respect to the removal or destruction of
28 citrus trees under this section shall be enforceable against
29 the department or its contractors.
30 (7) The department shall relocate foundation source
31 trees maintained by the Division of Plant Industry from
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 various locations, including those in Dundee and Winter Haven,
2 to protective structures at the Division of Forestry nursery
3 in Chiefland or to other protective sites located a minimum of
4 10 miles from any commercial citrus grove. The department is
5 authorized to expend existing funds from its Contracts and
6 Grants Trust Fund for this purpose.
7 Section 3. Subsection (1) of section 581.1845, Florida
8 Statutes, is amended, and subsection (6) is added to that
9 section, to read:
10 581.1845 Citrus canker eradication; compensation to
11 homeowners whose trees have been removed.--
12 (1) The Department of Agriculture and Consumer
13 Services shall provide compensation to eligible homeowners
14 whose citrus trees have been removed under a citrus canker
15 eradication program. Funds to pay this compensation may be
16 derived from both state and federal matching sources and shall
17 be specifically appropriated by law. Eligible homeowners shall
18 be compensated subject to the availability of appropriated
19 funds specifically appropriated for such purpose in the
20 2006-2007 fiscal year or prior fiscal years.
21 (6) Any claim for compensation under this section or
22 under the Shade Dade or Shade Florida programs must be filed
23 with the department no later than December 31, 2007. Effective
24 January 1, 2008, all unfiled claims shall expire.
25 Section 4. Paragraph (c) of subsection (2) of section
26 120.80, Florida Statutes, is amended to read:
27 120.80 Exceptions and special requirements;
28 agencies.--
29 (2) DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
30 (c) The provisions of ss. 120.54 and 120.56 shall not
31 apply to any statement or action by the department in
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
Barcode 245564
1 furtherance of its duties pursuant to s. 581.184(2).
2 Section 5. Subsection (2) of section 348.0008, Florida
3 Statutes, is amended to read:
4 348.0008 Acquisition of lands and property.--
5 (2) An authority and its authorized agents,
6 contractors, and employees are authorized to enter upon any
7 lands, waters, and premises, upon giving reasonable notice to
8 the landowner, for the purpose of making surveys, soundings,
9 drillings, appraisals, environmental assessments including
10 phase I and phase II environmental surveys, archaeological
11 assessments, and such other examinations as are necessary for
12 the acquisition of private or public property and property
13 rights, including rights of access, air, view, and light, by
14 gift, devise, purchase, or condemnation by eminent domain
15 proceedings or as are necessary for the authority to perform
16 its duties and functions; and any such entry shall not be
17 deemed a trespass or an entry that would constitute a taking
18 in an eminent domain proceeding. An expressway authority shall
19 make reimbursement for any actual damage to such lands, water,
20 and premises as a result of such activities. Any entry
21 authorized by this subsection shall be in compliance with the
22 premises protections and landowner liability provisions
23 contained in s. ss. 472.029 and 581.184.
24 Section 6. Section 933.02, Florida Statutes, is
25 amended to read:
26 933.02 Grounds for issuance of search warrant.--Upon
27 proper affidavits being made, a search warrant may be issued
28 under the provisions of this chapter upon any of the following
29 grounds:
30 (1) When the property shall have been stolen or
31 embezzled in violation of law;
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 (2) When any property shall have been used:
2 (a) As a means to commit any crime;,
3 (b) In connection with gambling, gambling implements
4 and appliances;, or
5 (c) In violation of s. 847.011 or other laws in
6 reference to obscene prints and literature;
7 (3) When any property constitutes evidence relevant to
8 proving that a felony has been committed;
9 (4) When any property is being held or possessed:
10 (a) In violation of any of the laws prohibiting the
11 manufacture, sale, and transportation of intoxicating
12 liquors;, or
13 (b) In violation of the fish and game laws;, or
14 (c) In violation of the laws relative to food and
15 drug;, or
16 (d) In violation of the laws relative to citrus
17 disease a quarantine for citrus canker pursuant to ss. s.
18 581.184 and 581.1845, or
19 (e) Which may be inspected, treated, seized, or
20 destroyed pursuant to s. 581.184; or
21 (5) When the laws in relation to cruelty to animals,
22 as provided in chapter 828, have been or are violated in any
23 particular building or place.
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25 This section also applies to any papers or documents used as a
26 means of or in aid of the commission of any offense against
27 the laws of the state.
28 Section 7. Paragraph (f) of subsection (1) and
29 paragraph (b) of subsection (3) of section 933.40, Florida
30 Statutes, are amended to read:
31 933.40 Agriculture warrants.--
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
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1 (1) As used in this section:
2 (f) "Plant pest" means any plant pest, noxious weed,
3 or arthropod declared a nuisance by the department pursuant to
4 s. 581.031(6), or any plant infected or exposed to infection
5 as defined in s. 581.184(1).
6 (3) An agriculture warrant shall be issued only upon
7 probable cause. In determining the existence of probable cause
8 for the issuance of one or more agriculture warrants, one or
9 more of the following findings may be sufficient to support a
10 determination of probable cause:
11 (b) Under all of the circumstances set forth in the
12 affidavit, there is a fair probability the property subject to
13 the agriculture warrant:
14 1. Contains a plant pest;
15 2. Is located in an area that which may reasonably be
16 suspected of being infested or infected with a plant pest due
17 to its proximity to a known infestation, or if it is
18 reasonably exposed to infestation;
19 3. Is located in a Section in which the department has
20 diagnosed the presence of one or more plants infected with
21 citrus canker as defined in s. 581.184(1)(a) or is located in
22 a Section adjacent thereto;
23 3.4. Contains animals affected with any animal pest or
24 which have been exposed to and are liable to spread the animal
25 pest; or
26 4.5. Contains any other property that is liable to
27 convey an animal pest.
28 Section 8. The sum of $10,197,063 is appropriated from
29 the Agricultural Emergency Eradication Trust Fund to the
30 Department of Agriculture and Consumer Services, and the sum
31 of $16,706,310 is appropriated from the Contracts and Grants
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
Barcode 245564
1 Trust Fund to the Department of Agriculture and Consumer
2 Services, for the 2006-2007 fiscal year to implement the
3 provisions of ss. 581.184, 581.1843, and 581.1845, Florida
4 Statutes, as amended by this act.
5 Section 9. This act shall take effect upon becoming a
6 law.
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 Delete everything before the enacting clause
12
13 and insert:
14 A bill to be entitled
15 An act relating to citrus disease management;
16 amending s. 581.184, F.S; requiring the
17 Department of Agriculture and Consumer Services
18 to implement a citrus health plan for certain
19 purposes; eliminating the authority of the
20 department to remove and destroy certain citrus
21 trees; deleting definitions and provisions
22 relating to immediate final orders, notice to
23 property owners, rulemaking authority, and the
24 posting of certain orders, to conform;
25 requiring certain law enforcement officers to
26 maintain order under certain circumstances
27 involving the citrus canker disease management
28 process; creating s. 581.1843, F.S.; making it
29 unlawful to propagate certain citrus nursery
30 stock on or after January 1, 2007, at sites and
31 under certain conditions not approved by the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 994
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1 department; providing exceptions; providing
2 rulemaking authority; specifying regulation of
3 certain varieties of citrus plants; providing
4 exceptions; requiring the department to
5 establish certain regulated areas around
6 commercial citrus nurseries; providing
7 exceptions; providing for notice to property
8 owners by immediate final order prior to
9 removal of certain citrus trees; providing an
10 appeal process for an immediate final order;
11 providing for preemption to the state to
12 regulate the removal and destruction of certain
13 citrus plants; requiring the department to
14 relocate certain trees to certain locations;
15 amending s. 581.1845, F.S., relating to
16 compensation to homeowners whose trees have
17 been removed; clarifying that such compensation
18 is subject to appropriation; requiring that
19 certain compensation claims be filed by
20 December 31, 2007; providing for the expiration
21 of compensation claims not filed prior to
22 January 1, 2008; amending ss. 120.80, 348.0008,
23 933.02, and 933.40, F.S.; deleting provisions
24 and cross-references, to conform; providing
25 appropriations; providing an effective date.
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