Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1010
Ì638388]Î638388
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/11/2016 .
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The Committee on Agriculture (Galvano) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 553 and 554
4 insert:
5 Section 21. Effective upon becoming a law, section 581.189,
6 Florida Statutes, is created to read:
7 581.189 Grove Removal or Vector Elimination (GROVE)
8 Program.—
9 (1) There is created within the Department of Agriculture
10 and Consumer Services the Grove Removal or Vector Elimination
11 Program, a cost-sharing program for the removal or destruction
12 of abandoned citrus groves to eliminate the material harboring
13 the citrus disease Huanglongbing, also known as citrus greening,
14 and the vectors that spread the disease.
15 (2) For purposes of this section, the term:
16 (a) “Abandoned citrus grove” means a citrus grove that has
17 minimal or no production value and is no longer economically
18 viable as a commercial citrus grove.
19 (b) “Applicant” means the person who owns an abandoned
20 citrus grove.
21 (c) “Eligible costs” means the costs, incurred after an
22 application is selected for funding, of the removal or
23 destruction the citrus trees and the elimination of any citrus
24 greening vectors, as described in the removal or destruction
25 plan in the funded application.
26 (d) “Funded application” means an application selected for
27 cost-share funding pursuant to this section and rules adopted by
28 the department.
29 (e) “Program” means the Grove Removal or Vector Elimination
30 Program.
31 (3) The department shall adopt by rule the standards to be
32 used in reviewing and ranking applications for cost-share
33 funding under the program based on the following factors:
34 (a) The length of time the citrus groves have been
35 abandoned.
36 (b) Whether the citrus groves are located within a Citrus
37 Health Management Area.
38 (c) The proximity of the abandoned citrus groves to other
39 citrus groves currently in production.
40 (4) An applicant may submit multiple applications for the
41 program, but is eligible only for a maximum of $125,000 in
42 program cost-share funding in a given fiscal year. The
43 department may award to each funded application a cost-share of
44 up to 80 percent of eligible costs. The total amount of cost
45 share allocated under the program in each fiscal year may not
46 exceed the amount specifically appropriated for the program for
47 the fiscal year.
48 (5) An applicant seeking cost-share assistance under the
49 program must submit an application to the department by a date
50 determined by department rule. The application must include, at
51 minimum:
52 (a) The applicant’s plan to remove or destroy citrus trees
53 and any citrus greening vectors in the abandoned citrus grove.
54 (b) An affidavit from the applicant certifying that all
55 information contained in the application is true and correct.
56 (c) All information determined by rule to be necessary for
57 the department to determine eligibility for the program and rank
58 applications.
59 (6) If the department determines an application to be
60 incomplete, it may require the applicant to submit additional
61 information within 10 days after such determination is made.
62 (7) Each fiscal year, the department shall review all
63 complete applications received in accordance with its rules
64 adopted pursuant to subsection (5). For each such complete
65 submitted application, the department must rank the applications
66 in accordance with the factors specified in subsection (3) and,
67 before selecting an application for funding, must conduct an
68 inspection of the abandoned citrus grove that is the subject of
69 the application.
70 (8) The department may deny an application pursuant to
71 chapter 120 for failure to comply with this section and
72 department rules.
73 (9) If an application is selected for funding, the
74 applicant must initiate and complete the removal or destruction
75 of the citrus trees identified in the application within the
76 timeframe specified by department rule. The applicant’s failure
77 to initiate and complete the removal or destruction of the
78 identified citrus trees within the time specified by the
79 department results in the forfeiture of the cost-share funding
80 approved based on the application. Upon such occurrence, the
81 department shall notify the next eligible applicant, based upon
82 its ranking of applicants for the fiscal year, of the
83 availability of cost-share funding. Such applicant, upon
84 acceptance, may be awarded cost-share funding pursuant to this
85 section, subject to available program funds.
86 (10) Upon completion of the removal or destruction of the
87 citrus trees identified in the funded application, the applicant
88 shall present proof of payment of removal or destruction costs
89 to the department. Upon receipt of satisfactory proof of payment
90 and satisfactory proof of the removal or destruction of the
91 trees identified in the funded application, the department may
92 issue payment to the applicant for the previously approved cost
93 share amount.
94 (11) The department may adopt rules to implement and
95 administer this section, including an application process and
96 requirements, an application ranking process that is consistent
97 with the factors specified in subsection (3), and the
98 administration of cost-share funding.
99 (12) The annual awarding of funding through the program is
100 subject to specific legislative appropriation for this purpose.
101 ================= T I T L E A M E N D M E N T ================
102 And the title is amended as follows:
103 Delete line 64
104 and insert:
105 products; creating s. 581.189, F.S.; creating the
106 Grove Removal or Vector Elimination (GROVE) Program;
107 specifying the purpose of the program; defining terms;
108 requiring the department to adopt rules for reviewing
109 and ranking applications for cost-share funding to
110 removal or destroy abandoned citrus groves;
111 establishing per applicant award maximums; specifying
112 that the total funds awarded in a fiscal year cannot
113 exceed the amount specifically appropriated for the
114 program; specifying application requirements;
115 specifying how the department must process
116 applications; specifying that noncompliance will
117 result in forfeiture of cost-share funds; requiring
118 the department to rank and review applications and to
119 conduct a certain inspection; specifying grounds for
120 denial of an application; requiring applicants
121 selected for funding to timely initiate and complete
122 the removal of identified citrus trees in accordance
123 with their respective applications; providing the
124 process for making payments to applicants; authorizing
125 the department to adopt rules; specifying that funding
126 for the program is contingent upon specific
127 appropriation by the Legislature; amending s. 582.01,
128 F.S.; redefining terms