| 1 | A bill to be entitled |
| 2 | An act relating to agriculture; amending s. 193.461, F.S.; |
| 3 | clarifying that land classified as agricultural retains |
| 4 | that classification when offered for sale under certain |
| 5 | circumstances; providing for retroactive application; |
| 6 | amending s. 369.20, F.S.; authorizing the Fish and |
| 7 | Wildlife Conservation Commission to enter into an |
| 8 | agreement with the Department of Environmental Protection |
| 9 | for the uniform regulation of pesticides applied to waters |
| 10 | of the state; revising exemptions from water pollution |
| 11 | permits; amending s. 403.088, F.S.; providing permits for |
| 12 | applying pesticides to the waters of the state; requiring |
| 13 | the Department of Environmental Protection to enter into |
| 14 | agreements with the Department of Agriculture and Consumer |
| 15 | Services and the commission for the uniform regulation of |
| 16 | pesticides applied to the waters of the state; exempting |
| 17 | certain pesticides from certain provisions of rules |
| 18 | adopted by the Department of Environmental Protection; |
| 19 | amending s. 487.163, F.S.; requiring the Department of |
| 20 | Agriculture and Consumer Services to enter into an |
| 21 | agreement with the Department of Environmental Protection |
| 22 | for the uniform regulation of pesticides applied to the |
| 23 | waters of the state; amending s. 573.112, F.S.; providing |
| 24 | that the Citrus Research and Development Foundation shall |
| 25 | provide advice to the Department of Agriculture and |
| 26 | Consumer Services with respect to citrus research |
| 27 | marketing orders, conduct citrus research, and perform |
| 28 | other duties assigned by the department; amending s. |
| 29 | 573.118, F.S.; providing for the deposit of certain |
| 30 | agricultural assessments; revising the assessment rate on |
| 31 | citrus fruit; amending s. 581.031, F.S.; expanding the |
| 32 | type of research projects that may be conducted by the |
| 33 | Department of Agriculture and Consumer Services; amending |
| 34 | s. 601.07, F.S.; revising the location of the executive |
| 35 | offices of the Department of Citrus; providing an |
| 36 | effective date. |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
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| 40 | Section 1. Paragraph (b) of subsection (3) of section |
| 41 | 193.461, Florida Statutes, is amended to read: |
| 42 | 193.461 Agricultural lands; classification and assessment; |
| 43 | mandated eradication or quarantine program.- |
| 44 | (3) |
| 45 | (b) Subject to the restrictions specified set out in this |
| 46 | section, only lands that which are used primarily for bona fide |
| 47 | agricultural purposes shall be classified agricultural. The term |
| 48 | "bona fide agricultural purposes" means good faith commercial |
| 49 | agricultural use of the land. |
| 50 | 1. In determining whether the use of the land for |
| 51 | agricultural purposes is bona fide, the following factors may be |
| 52 | taken into consideration: |
| 53 | a.1. The length of time the land has been so used. |
| 54 | b.2. Whether the use has been continuous. |
| 55 | c.3. The purchase price paid. |
| 56 | d.4. Size, as it relates to specific agricultural use, but |
| 57 | in no event shall a minimum acreage may not be required for |
| 58 | agricultural assessment. |
| 59 | e.5. Whether an indicated effort has been made to care |
| 60 | sufficiently and adequately for the land in accordance with |
| 61 | accepted commercial agricultural practices, including, without |
| 62 | limitation, fertilizing, liming, tilling, mowing, reforesting, |
| 63 | and other accepted agricultural practices. |
| 64 | f.6. Whether the such land is under lease and, if so, the |
| 65 | effective length, terms, and conditions of the lease. |
| 66 | g.7. Such other factors as may from time to time become |
| 67 | applicable. |
| 68 | 2. Offering property for sale does not constitute a |
| 69 | primary use of land and may not be the basis for denying an |
| 70 | agricultural classification if the land continues to be used |
| 71 | primarily for bona fide agricultural purposes while it is being |
| 72 | offered for sale. |
| 73 | Section 2. The amendment by this act to s. 193.461(3)(b), |
| 74 | Florida Statutes, is remedial and clarifying in nature and |
| 75 | applies retroactively to all parcels for which a final court |
| 76 | order has not yet been entered as of the effective date of this |
| 77 | act. |
| 78 | Section 3. Subsections (4) and (9) of section 369.20, |
| 79 | Florida Statutes, are amended to read: |
| 80 | 369.20 Florida Aquatic Weed Control Act.- |
| 81 | (4) The commission shall also promote, develop, and |
| 82 | support research activities directed toward the more effective |
| 83 | and efficient control of aquatic plants. In the furtherance of |
| 84 | this purpose, the commission may is authorized to: |
| 85 | (a) Accept donations and grants of funds and services from |
| 86 | both public and private sources; |
| 87 | (b) Contract or enter into agreements with public or |
| 88 | private agencies or corporations for research and development of |
| 89 | aquatic plant control methods or for the performance of aquatic |
| 90 | plant control activities. The commission may enter into an |
| 91 | agreement with the Department of Environmental Protection to |
| 92 | ensure that pesticides applied to the waters of the state are |
| 93 | regulated uniformly, including provisions for the coordination |
| 94 | of agency staff and resources, through the implementation of |
| 95 | permitting, compliance, and enforcement activities under ss. |
| 96 | 403.088 and 403.0885; |
| 97 | (c) Construct, acquire, operate, and maintain facilities |
| 98 | and equipment; and |
| 99 | (d) Enter upon, or authorize the entry upon, private |
| 100 | property for purposes of making surveys and examinations and to |
| 101 | engage in aquatic plant control activities; and such entry shall |
| 102 | not be deemed a trespass. |
| 103 | (9) A permit issued pursuant to this section for The |
| 104 | application of herbicides to waters of in the state for the |
| 105 | control of aquatic plants, algae, or invasive exotic plants is |
| 106 | exempt from the requirement to obtain a water pollution |
| 107 | operation permit except as provided in ss. pursuant to s. |
| 108 | 403.088 and 403.0885. |
| 109 | Section 4. Subsection (1) of section 403.088, Florida |
| 110 | Statutes, is amended to read: |
| 111 | 403.088 Water pollution operation permits; conditions.- |
| 112 | (1) No person, Without the written authorization of the |
| 113 | department, a person may not shall discharge any waste into the |
| 114 | waters of within the state any waste which, by itself or in |
| 115 | combination with the wastes of other sources, reduces the |
| 116 | quality of the receiving waters below the classification |
| 117 | established for such waters them. However, this section does |
| 118 | shall not be deemed to prohibit the application of pesticides to |
| 119 | such waters in the state for the control of insects, aquatic |
| 120 | weeds, or algae, or other pests if provided the application is |
| 121 | performed in accordance with any of the following: |
| 122 | (a) Upon execution of the agreement provided in s. |
| 123 | 487.163(3), the department may develop a permit or other |
| 124 | authorization as required by 33 U.S.C. s. 1342 for the |
| 125 | application of pesticides. A person must obtain such permit or |
| 126 | other authorization before applying pesticides to the waters of |
| 127 | the state. |
| 128 | (b) In consultation with the Department of Agriculture and |
| 129 | Consumer Services and the Fish and Wildlife Conservation |
| 130 | Commission, the department shall also develop a general permit |
| 131 | under s. 403.0885(2), for the application of pesticides. |
| 132 | (c) The department shall also enter into agreements with |
| 133 | the Department of Agriculture and Consumer Services pursuant to |
| 134 | a program approved by the Department of Health, in the case of |
| 135 | insect or other pest control, and with or the Fish and Wildlife |
| 136 | Conservation Commission, in the case of aquatic weed, other |
| 137 | aquatic pests, or algae control. The department is directed to |
| 138 | enter into interagency agreements to establish the procedures |
| 139 | for program approval. Such agreements must shall provide for |
| 140 | public health, welfare, and safety, as well as environmental |
| 141 | factors, and must ensure that pesticides applied to waters of |
| 142 | the state are regulated uniformly, including provisions for the |
| 143 | coordination of agency staff and resources, through the |
| 144 | implementation of permitting, compliance, and enforcement |
| 145 | activities under s. 403.0885 and this section. Pesticides that |
| 146 | are Approved programs must provide that only chemicals approved |
| 147 | for a the particular use by the United States Environmental |
| 148 | Protection Agency or by the Department of Agriculture and |
| 149 | Consumer Services may be employed and that they be applied in |
| 150 | accordance with registered label instructions, state standards |
| 151 | for such application, including any permit or other |
| 152 | authorization required by this subsection, and the provisions of |
| 153 | the Florida Pesticide Law, part I of chapter 487, are not |
| 154 | subject to the provisions of rules adopted by the department |
| 155 | under this chapter which prohibit the surface waters of the |
| 156 | state from containing acutely toxic components of discharges. |
| 157 | Section 5. Subsection (3) is added to section 487.163, |
| 158 | Florida Statutes, to read: |
| 159 | 487.163 Information; interagency cooperation.- |
| 160 | (3) The department shall enter into an agreement with the |
| 161 | Department of Environmental Protection to ensure that pesticides |
| 162 | applied to waters of the state are regulated uniformly, |
| 163 | including provisions for the coordination of agency staff and |
| 164 | resources, through the implementation of permitting, compliance, |
| 165 | and enforcement activities under ss. 403.088 and 403.0885. |
| 166 | Section 6. Subsection (7) is added to section 573.112, |
| 167 | Florida Statutes, to read: |
| 168 | 573.112 Advisory council.- |
| 169 | (7) Notwithstanding any provision of this section, the |
| 170 | Citrus Research and Development Foundation, Inc., a direct- |
| 171 | support organization of the University of Florida established |
| 172 | pursuant to s. 1004.28, shall serve as the advisory council for |
| 173 | a citrus research marketing order, provide the department with |
| 174 | advice on administering the order, and, in accordance with the |
| 175 | order, conduct citrus research and perform other duties assigned |
| 176 | by the department. Notwithstanding s. 1004.28(3), the |
| 177 | foundation's board of directors shall be composed of 13 members, |
| 178 | including 10 citrus growers, 2 representatives of the |
| 179 | university's Institute of Food and Agricultural Sciences, and 1 |
| 180 | member appointed by the Commissioner of Agriculture. |
| 181 | Section 7. Subsections (1) and (6) of section 573.118, |
| 182 | Florida Statutes, are amended to read: |
| 183 | 573.118 Assessment; funds; audit; loans.- |
| 184 | (1) To provide funds to defray the necessary expenses |
| 185 | incurred by the department in the formulation, issuance, |
| 186 | administration, and enforcement of any marketing order, every |
| 187 | person engaged in the production, distributing, or handling of |
| 188 | agricultural commodities within this state, and directly |
| 189 | affected by any marketing order, shall pay to the department, at |
| 190 | such times and in such installments as the department may |
| 191 | prescribe, such person's pro rata share of necessary expenses. |
| 192 | Each person's share of expenses shall be that proportion which |
| 193 | the total volume of agricultural commodities produced, |
| 194 | distributed, or handled by the person during the current |
| 195 | marketing season, or part thereof covered by such marketing |
| 196 | order, is of the total volume of the commodities produced, |
| 197 | distributed, or handled by all such persons during the same |
| 198 | current marketing season or part thereof. The department, after |
| 199 | receiving the recommendations of the advisory council, shall fix |
| 200 | the rate of assessment on the volume of agricultural commodities |
| 201 | sold or some other equitable basis. For convenience of |
| 202 | collection, upon request of the department, handlers of the |
| 203 | commodities shall pay any producer assessments. Handlers paying |
| 204 | assessments for and on behalf of any producers may shall, at |
| 205 | their discretion, collect the producer assessments from any |
| 206 | moneys owed by the handlers to the producers. The collected |
| 207 | assessments shall be deposited into the appropriate General |
| 208 | Inspection trust fund and shall be used for the sole purpose of |
| 209 | implementing the marketing order for which the assessment was |
| 210 | collected. The department is not subject to the procedures found |
| 211 | in s. 287.057 in the expenditure of these funds. However, the |
| 212 | director of the Division of Marketing and Development shall file |
| 213 | with the internal auditor of the department a certification of |
| 214 | conditions and circumstances justifying each contract or |
| 215 | agreement entered into without competitive bidding. |
| 216 | (6) An Any assessment levied upon citrus fruit under this |
| 217 | section may not exceed the rate established in the marketing |
| 218 | order and shall be at a rate not to exceed 1 cent per standard- |
| 219 | packed box of citrus fruit grown and placed into the primary |
| 220 | channel of trade in this state. All revenues from such |
| 221 | assessment collected by the department shall be deposited into |
| 222 | the Citrus Inspection Trust Fund. |
| 223 | Section 8. Subsection (32) of section 581.031, Florida |
| 224 | Statutes, is amended to read: |
| 225 | 581.031 Department; powers and duties.-The department has |
| 226 | the following powers and duties: |
| 227 | (32) To The Department of Agriculture and Consumer |
| 228 | Services shall conduct or cause to be conducted those research |
| 229 | projects on citrus diseases, including, but not limited to, |
| 230 | citrus canker and citrus greening, which are recommended by the |
| 231 | Florida Citrus Production Research and Development Foundation, |
| 232 | Inc. Advisory Council, within the limits of appropriations made |
| 233 | specifically for such purpose. |
| 234 | Section 9. Section 601.07, Florida Statutes, is amended to |
| 235 | read: |
| 236 | 601.07 Location of executive offices.-The executive |
| 237 | offices of the Department of Citrus shall be established and |
| 238 | maintained at Bartow Lakeland. |
| 239 | Section 10. This act shall take effect July 1, 2010. |