Bill Text: FL H0981 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Agriculture [EPSC]

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Vetoed) 2010-07-19 - Veto Message received -HJ 00009; Veto Message referred to Rules and Calendar Council -HJ 00016 [H0981 Detail]

Download: Florida-2010-H0981-Comm_Sub.html

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CS/HB 981

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
38	Be It Enacted by the Legislature of the State of Florida:
39
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.

CODING: Words stricken are deletions; words underlined are additions.