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1999 Florida Statutes
Promulgation of rules; citrus canker eradication; voluntary destruction agreements; buffer zone.
581.184 Promulgation of rules; citrus canker eradication; voluntary destruction agreements; buffer zone.--
(1) In addition to the powers and duties set forth under this chapter the department is directed to adopt rules specifying facts and circumstances that, if present, would require the destruction of plants for purposes of eradicating, controlling, or preventing the dissemination of citrus canker disease in the state. In addition, the department is directed to adopt rules regarding the conditions under which citrus plants can be grown, moved, and planted in this state as may be necessary for the eradication, control, or prevention of the dissemination of citrus canker. Such rules shall be in effect for any period during which, in the judgment of the Commissioner of Agriculture, there is the threat of the spread of citrus canker disease in the state. Such rules may provide for the conduct of any activity regulated by such rules subject to an agreement by persons wishing to engage in such activity to voluntarily destroy, at their own expense, citrus plants declared by the department to be imminently dangerous by reason of being infected or infested with citrus canker or exposed to infection and likely to communicate same. The terms of such agreement may also require the destruction of healthy plants under specified conditions. Any such destruction shall be done after reasonable notice in a manner pursuant to and under conditions set forth in the agreement. Such agreements may include releases and waivers of liability and may require the agreement of other persons.
(2) The department, pursuant to s. 581.031(15) and (17), may create a citrus canker host-free buffer area, delineated by department rule, to retard the spread of citrus canker from known infected areas. In addition, the department shall develop a compensation plan for the trees removed from the buffer area. Compensation for the trees removed from the buffer area is subject to annual legislative appropriation.
History.--s. 1, ch. 86-128; s. 29, ch. 99-391.