| 1 | Representative Mayfield offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (5) is added to section 581.091, |
| 6 | Florida Statutes, to read: |
| 7 | 581.091 Noxious weeds and infected plants or regulated |
| 8 | articles; sale or distribution; receipt; information to |
| 9 | department; withholding information.-- |
| 10 | (5)(a) Notwithstanding any other provision of state law or |
| 11 | rule, a person may obtain a special permit from the department |
| 12 | to plant Casuarina cunninghamiana as a windbreak for a |
| 13 | commercial citrus grove provided the plants are produced in an |
| 14 | authorized registered nursery and certified by the department as |
| 15 | being vegetatively propagated from male plants. A "commercial |
| 16 | citrus grove" means a contiguous planting of 100 or more citrus |
| 17 | trees where citrus fruit is produced for sale. |
| 18 | (b) For a 5-year period, special permits authorizing a |
| 19 | person to plant Casuarina cunninghamiana shall be issued only as |
| 20 | part of a pilot program for fresh fruit groves in areas of |
| 21 | Indian River, St. Lucie, and Martin Counties where citrus canker |
| 22 | is determined by the department to be widespread. The pilot |
| 23 | program shall be reevaluated annually and a comprehensive review |
| 24 | shall be conducted in 2013. The purpose of the annual and 5-year |
| 25 | reviews is to determine if the use of Casuarina cunninghamiana |
| 26 | as an agricultural pest and disease windbreak poses any adverse |
| 27 | environmental consequences. At the end of the 5-year pilot |
| 28 | program, if the Noxious Weed and Invasive Plant Review |
| 29 | Committee, created by the department, and the Department of |
| 30 | Environmental Protection, in consultation with a representative |
| 31 | of the citrus industry who has a Casuarina cunninghamiana |
| 32 | windbreak, determine that the potential is low for adverse |
| 33 | environmental impacts from planting Casuarina cunninghamiana as |
| 34 | windbreaks, the department may, by rule, allow the use of |
| 35 | Casuarina cunninghamiana windbreaks for commercial citrus groves |
| 36 | in other areas of the state. If it is determined at the end of |
| 37 | the 5-year pilot program that additional time is needed to |
| 38 | further evaluate Casuarina cunninghamiana, the department will |
| 39 | remain the lead agency. |
| 40 | (c) Each application for a special permit shall be |
| 41 | accompanied by a fee in an amount determined by the department, |
| 42 | by rule, not to exceed $500. A special permit shall be required |
| 43 | for each noncontiguous commercial citrus grove and shall be |
| 44 | renewed every 5 years. The property owner is responsible for |
| 45 | maintaining and producing for inspection the original nursery |
| 46 | invoice with certification documentation. If ownership of the |
| 47 | property is transferred, the seller must notify the department |
| 48 | and provide the buyer with a copy of the special permit and |
| 49 | copies of all invoices and certification documentation prior to |
| 50 | the closing of the sale. |
| 51 | (d) Each application shall include a baseline survey of |
| 52 | all lands within 500 feet of the proposed Casuarina |
| 53 | cunninghamiana windbreak showing the location and identification |
| 54 | to species of all existing Casuarina spp. |
| 55 | (e) Nurseries authorized to produce Casuarina |
| 56 | cunninghamiana must obtain a special permit from the department |
| 57 | certifying that the plants have been vegetatively propagated |
| 58 | from sexually mature male source trees currently grown in the |
| 59 | state. The importation of Casuarina cunninghamiana from any area |
| 60 | outside the state to be used as a propagation source tree is |
| 61 | prohibited. Each male source tree must be registered by the |
| 62 | department as being a horticulturally true to type male plant |
| 63 | and be labeled with a source tree registration number. Each |
| 64 | nursery application for a special permit shall be accompanied by |
| 65 | a fee in an amount determined by the department, by rule, not to |
| 66 | exceed $200. Special permits shall be renewed annually. The |
| 67 | department shall, by rule, set the amount of an annual fee, not |
| 68 | to exceed $50, for each Casuarina cunninghamiana registered as a |
| 69 | source tree. Nurseries may only sell Casuarina cunninghamiana to |
| 70 | a person with a special permit as specified in paragraphs (a) |
| 71 | and (b). The source tree registration numbers of the parent |
| 72 | plants must be documented on each invoice or other certification |
| 73 | documentation provided to the buyer. |
| 74 | (f) All Casuarina cunninghamiana must be destroyed by the |
| 75 | property owner within 6 months after: |
| 76 | 1. The property owner takes permanent action to no longer |
| 77 | use the site for commercial citrus production; |
| 78 | 2. The site has not been used for commercial citrus |
| 79 | production for a period of 5 years; or |
| 80 | 3. The department determines that the Casuarina |
| 81 | cunninghamiana on the site has become invasive. This |
| 82 | determination shall be based on, but not limited to, the |
| 83 | recommendation of the Noxious Weed and Invasive Plant Review |
| 84 | Committee and the Department of Environmental Protection and in |
| 85 | consultation with a representative of the citrus industry who |
| 86 | has a Casuarina cunninghamiana windbreak. |
| 87 | |
| 88 | If the owner or person in charge refuses or neglects to comply, |
| 89 | the director or her or his authorized representative may, under |
| 90 | authority of the department, proceed to destroy the plants. The |
| 91 | expense of the destruction shall be assessed, collected, and |
| 92 | enforced against the owner by the department. If the owner does |
| 93 | not pay the assessed cost, the department may record a lien |
| 94 | against the property. |
| 95 | (g) The use of Casuarina cunninghamiana for windbreaks |
| 96 | shall not preclude the department from issuing permits for the |
| 97 | research or release of biological control agents to control |
| 98 | Casuarina spp. in accordance with s. 581.083. |
| 99 | (h) The use of Casuarina cunninghamiana for windbreaks |
| 100 | shall not restrict or interfere with any other agency or local |
| 101 | government effort to manage or control noxious weeds or invasive |
| 102 | plants, including Casuarina cunninghamiana, nor shall any other |
| 103 | agency or local government remove any Casuarina cunninghamiana |
| 104 | planted as a windbreak under special permit issued by the |
| 105 | department. |
| 106 | (i) The department shall develop and implement a |
| 107 | monitoring protocol to determine invasiveness of Casuarina |
| 108 | cunninghamiana. The monitoring protocol shall at a minimum, |
| 109 | require: |
| 110 | 1. Inspection of the planting site by department |
| 111 | inspectors within 30 days following initial planting or any |
| 112 | subsequent planting of Casuarina cunninghamiana to ensure the |
| 113 | criteria of the special permit have been met. |
| 114 | 2. Annual site inspections of planting sites and all lands |
| 115 | within 500 feet of the planted windbreak by department |
| 116 | inspectors who have been trained to identify Casuarina spp. and |
| 117 | to make determinations of whether Casuarina cunninghamiana has |
| 118 | spread beyond the permitted windbreak location. |
| 119 | 3. Any new seedlings found within 500 feet of the planted |
| 120 | windbreak to be removed, identified to the species level, and |
| 121 | evaluated to determine if hybridization has occurred. |
| 122 | 4. The department to submit an annual report and a final |
| 123 | 5-year evaluation identifying any adverse effects resulting from |
| 124 | the planting of Casuarina cunninghamiana for windbreaks and |
| 125 | documenting all inspections and the results of those inspections |
| 126 | to the Noxious Weed and Invasive Plant Review Committee, the |
| 127 | Department of Environmental Protection, and a designated |
| 128 | representative of the citrus industry who has a Casuarina |
| 129 | cunninghamiana windbreak. |
| 130 | (j) If the department determines that female flowers or |
| 131 | cones have been produced on any Casuarina cunninghamiana that |
| 132 | have been planted under a special permit issued by the |
| 133 | department, the property owner shall be responsible for |
| 134 | destroying the trees. The department shall notify the property |
| 135 | owner of the timeframe and method of destruction. |
| 136 | (k) If at any time the department determines that |
| 137 | hybridization has occurred during the pilot program between |
| 138 | Casuarina cunninghamiana planted as a windbreak and other |
| 139 | Casuarina spp., the department shall expeditiously initiate |
| 140 | research to determine the invasiveness of the hybrid. The |
| 141 | information obtained from this research shall be evaluated by |
| 142 | the Noxious Weed and Invasive Plant Review Committee, the |
| 143 | Department of Environmental Protection, and a designated |
| 144 | representative of the citrus industry who has a Casuarina |
| 145 | cunninghamiana windbreak. If the department determines that the |
| 146 | hybrids have a high potential to become invasive, based on, but |
| 147 | not limited to, the recommendation of the Noxious Weed and |
| 148 | Invasive Plant Review Committee, the Department of Environmental |
| 149 | Protection, and a designated representative of the citrus |
| 150 | industry who has a Casuarina cunninghamiana windbreak, this |
| 151 | pilot program shall be permanently suspended. |
| 152 | (l) Each application for a special permit must be |
| 153 | accompanied by a fee as described in paragraph (c) and an |
| 154 | agreement that the property owner will abide by all permit |
| 155 | conditions including the removal of Casuarina cunninghamiana if |
| 156 | invasive populations or other adverse environmental factors are |
| 157 | determined to be present by the department as a result of the |
| 158 | use of Casuarina cunninghamiana as windbreaks. The application |
| 159 | must include, on a form provided by the department, the name of |
| 160 | the applicant and the applicant's address or the address of the |
| 161 | applicant's principal place of business; a statement of the |
| 162 | estimated cost of removing and destroying the Casuarina |
| 163 | cunninghamiana that is the subject of the special permit; and |
| 164 | the basis for calculating or determining that estimate. If the |
| 165 | applicant is a corporation, partnership, or other business |
| 166 | entity, the applicant must also provide in the application the |
| 167 | name and address of each officer, partner, or managing agent. |
| 168 | The applicant shall notify the department within 30 business |
| 169 | days of any change of address or change in the principal place |
| 170 | of business. The department shall mail all notices to the |
| 171 | applicant's last known address. |
| 172 | 1. Upon obtaining a permit, the permitholder must annually |
| 173 | maintain the Casuarina cunninghamiana authorized by a special |
| 174 | permit as required in the permit. If the permitholder ceases to |
| 175 | maintain the Casuarina cunninghamiana as required by the special |
| 176 | permit, if the permit expires, or if the permitholder ceases to |
| 177 | abide by the conditions of the special permit, the permitholder |
| 178 | shall remove and destroy the Casuarina cunninghamiana in a |
| 179 | timely manner as specified in the permit. |
| 180 | 2. If the department: |
| 181 | a. Determines that the permitholder is no longer |
| 182 | maintaining the Casuarina cunninghamiana subject to the special |
| 183 | permit and has not removed and destroyed the Casuarina |
| 184 | cunninghamiana authorized by the special permit; |
| 185 | b. Determines that the continued use of Casuarina |
| 186 | cunninghamiana as windbreaks presents an imminent danger to |
| 187 | public health, safety, or welfare; or |
| 188 | c. Determines that the permitholder has exceeded the |
| 189 | conditions of the authorized special permit; |
| 190 | |
| 191 | The department may issue an immediate final order, which shall |
| 192 | be immediately appealable or enjoinable as provided by chapter |
| 193 | 120, directing the permitholder to immediately remove and |
| 194 | destroy the Casuarina cunninghamiana authorized to be planted |
| 195 | under the special permit. A copy of the immediate final order |
| 196 | shall be mailed to the permitholder. |
| 197 | 3. If, upon issuance by the department of an immediate |
| 198 | final order to the permitholder, the permitholder fails to |
| 199 | remove and destroy the Casuarina cunninghamiana subject to the |
| 200 | special permit within 60 days after issuance of the order, or |
| 201 | such shorter period as is designated in the order as public |
| 202 | health, safety, or welfare requires, the department may remove |
| 203 | and destroy the Casuarina cunninghamiana that are the subject of |
| 204 | the special permit. If the permitholder makes a written request |
| 205 | to the department for an extension of time to remove and destroy |
| 206 | the Casuarina cunninghamiana that demonstrates specific facts |
| 207 | showing why the Casuarina cunninghamiana could not reasonably be |
| 208 | removed and destroyed in the applicable timeframe, the |
| 209 | department may extend the time for removing and destroying |
| 210 | Casuarina cunninghamiana subject to a special permit. The |
| 211 | reasonable costs and expenses incurred by the department for |
| 212 | removing and destroying Casuarina cunninghamiana subject to a |
| 213 | special permit shall be paid out of the Citrus Inspection Trust |
| 214 | Fund and shall be reimbursed by the party to which the immediate |
| 215 | final order is issued. If the party to which the immediate final |
| 216 | order has been issued fails to reimburse the state within 60 |
| 217 | days, the department may record a lien on the property. The lien |
| 218 | shall be enforced by the department. |
| 219 | 4. In order to carry out the purposes of this paragraph, |
| 220 | the department or its agents may require a permitholder to |
| 221 | provide verified statements of the planted acreage subject to |
| 222 | the special permit and may review the permitholder's business or |
| 223 | planting records at her or his place of business during normal |
| 224 | business hours in order to determine the acreage planted. The |
| 225 | failure of a permitholder to furnish such statement or to make |
| 226 | such records available is cause for suspension of the special |
| 227 | permit. If the department finds such failure to be willful, the |
| 228 | special permit may be revoked. |
| 229 | Section 2. This act shall take effect July 1, 2008. |
| 230 |
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| 231 |
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| 232 | ----------------------------------------------------- |
| 233 | T I T L E A M E N D M E N T |
| 234 | Remove the entire title and insert: |
| 235 | A bill to be entitled |
| 236 | An act relating to citrus; amending s. 581.091, F.S.; providing |
| 237 | conditions for use of Casuarina cunninghamiana as a windbreak |
| 238 | for commercial citrus groves; defining the term "commercial |
| 239 | citrus grove"; providing for permitting and permit fees; |
| 240 | providing for destruction of Casuarina cunninghamiana; |
| 241 | specifying responsibility and liability for removal and |
| 242 | destruction of such trees; providing that use as a windbreak |
| 243 | does not preclude research or release of agents to control |
| 244 | Casuarina spp.; providing that the use of Casuarina |
| 245 | cunninghamiana for windbreaks does not interfere with or |
| 246 | restrict efforts to manage or control noxious weeds or invasive |
| 247 | plants; prohibiting any other agency or local government from |
| 248 | removing Casuarina cunninghamiana planted as a windbreak under |
| 249 | special permit; providing an effective date. |