Bill Text: FL S2182 | 2010 | Regular Session | Engrossed
Bill Title: Agriculture [EPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2010-04-27 - Read 3rd time -SJ 00884; Substituted CS/CS/CS/HB 981 (Vetoed by Governor) -SJ 00884; Laid on Table, companion bill(s) passed, see CS/SB 1510 (Ch. 2010-145) -SJ 00884 [S2182 Detail]
Download: Florida-2010-S2182-Engrossed.html
CS for CS for CS for SB 2182 First Engrossed
20102182e1
1 A bill to be entitled
2 An act relating to agriculture; amending s. 193.461,
3 F.S.; clarifying that land that is classified as
4 agricultural retains that classification when offered
5 for sale; providing for retroactive application;
6 providing the methodology for assessing certain
7 structures or improvements used for horticulture
8 production; amending s. 369.20, F.S.; revising
9 provisions of the Florida Aquatic Weed Control Act;
10 authorizing the Fish and Wildlife Conservation
11 Commission to enter into an agreement with the
12 Department of Environmental Protection to ensure the
13 uniform regulation of pesticides applied to waters of
14 the state; amending s. 403.088, F.S.; revising
15 provisions relating to water pollution operation
16 permits; providing requirements for the application of
17 pesticides to the waters of the state; amending s.
18 487.163, F.S.; requiring that the Department of
19 Agriculture and Consumer Services enter into an
20 agreement with the Department of Environmental
21 Protection to ensure the uniform regulation of
22 pesticides; amending s. 573.112, F.S.; requiring that
23 the Citrus Research and Development Foundation provide
24 advice to the Department of Agriculture and Consumer
25 Services with respect to citrus research marketing
26 orders; amending s. 573.118, F.S.; providing for the
27 deposit of certain agricultural assessments; revising
28 the assessment rate on citrus fruit; amending s.
29 581.031, F.S.; expanding the type of research projects
30 that may be conducted by the department; requiring the
31 Citrus Research and Development Foundation, Inc., to
32 recommend the research projects; requiring that the
33 department and representatives of the state pest
34 control industry prepare a report for the President of
35 the Senate, the Speaker of the House of
36 Representatives, and the chairpersons of specified
37 legislative committees by a certain date; requiring
38 that the report include recommendations for changes in
39 the law to provide for disciplinary action against
40 licensees of the pest control industry under certain
41 circumstances; providing that the report may also
42 address additional issues of concern to members of the
43 industry; amending s. 601.07, F.S.; providing that the
44 executive offices of the Department of Citrus are
45 located in Bartow; providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Paragraph (b) of subsection (3) and paragraph
50 (c) of subsection (6) of section 193.461, Florida Statutes, are
51 amended to read:
52 193.461 Agricultural lands; classification and assessment;
53 mandated eradication or quarantine program.—
54 (3)
55 (b) Subject to the restrictions specified set out in this
56 section, only lands that which are used primarily for bona fide
57 agricultural purposes shall be classified agricultural. The term
58 “bona fide agricultural purposes” means good faith commercial
59 agricultural use of the land.
60 1. In determining whether the use of the land for
61 agricultural purposes is bona fide, the following factors may be
62 taken into consideration:
63 a.1. The length of time the land has been so used.
64 b.2. Whether the use has been continuous.
65 c.3. The purchase price paid.
66 d.4. Size, as it relates to specific agricultural use, but
67 in no event shall a minimum acreage may not be required for
68 agricultural assessment.
69 e.5. Whether an indicated effort has been made to care
70 sufficiently and adequately for the land in accordance with
71 accepted commercial agricultural practices, including, without
72 limitation, fertilizing, liming, tilling, mowing, reforesting,
73 and other accepted agricultural practices.
74 f.6. Whether the such land is under lease and, if so, the
75 effective length, terms, and conditions of the lease.
76 g.7. Such other factors as may from time to time become
77 applicable.
78 2. Offering property for sale does not constitute a primary
79 use of land and may not be the basis for denying its
80 agricultural classification if the land continues to be used
81 primarily for bona fide agricultural purposes while it is being
82 offered for sale.
83 (6)
84 (c)1. For purposes of the income methodology approach to
85 assessment of property used for agricultural purposes,
86 irrigation systems, including pumps and motors, physically
87 attached to the land shall be considered a part of the average
88 yields per acre and shall have no separately assessable
89 contributory value.
90 2. Litter containment structures located on producing
91 poultry farms and animal waste nutrient containment structures
92 located on producing dairy farms shall be assessed by the
93 methodology described in subparagraph 1.
94 3. Structures or improvements used for horticultural
95 production, which are for frost and freeze protection and
96 consistent with the Department of Agriculture and Consumer
97 Services’ interim measures or best management practices adopted
98 pursuant to s. 570.085 or s. 403.067(7)(c), shall be assessed
99 pursuant to the methodology described in subparagraph 1.
100 Section 2. The amendment to paragraph (b) of subsection (3)
101 of section 193.461, Florida Statutes, made by this act is
102 intended to be remedial and clarifying in nature and applies
103 retroactively to all parcels for which a final court order has
104 not yet been entered as of the effective date of this act.
105 Section 3. Subsections (4) and (9) of section 369.20,
106 Florida Statutes, are amended to read:
107 369.20 Florida Aquatic Weed Control Act.—
108 (4) The commission shall also promote, develop, and support
109 research activities directed toward the more effective and
110 efficient control of aquatic plants. In the furtherance of this
111 purpose, the commission may is authorized to:
112 (a) Accept donations and grants of funds and services from
113 both public and private sources;
114 (b) Contract or enter into agreements with public or
115 private agencies or corporations for research and development of
116 aquatic plant control methods or for the performance of aquatic
117 plant control activities. The commission may enter into an
118 agreement with the Department of Environmental Protection to
119 ensure the uniform regulation of pesticides applied to waters of
120 the state, including provision for coordinating agency staff and
121 resources, through the implementation of permitting, compliance,
122 and enforcement activities under ss. 403.088 and 403.0885;
123 (c) Construct, acquire, operate, and maintain facilities
124 and equipment; and
125 (d) Enter upon, or authorize the entry upon, private
126 property for purposes of making surveys and examinations and to
127 engage in aquatic plant control activities; and such entry shall
128 not be deemed a trespass.
129 (9) A permit issued pursuant to this section for The
130 application of herbicides to waters of in the state for the
131 control of aquatic plants, algae, or invasive exotic plants is
132 exempt from the requirement to obtain a water pollution
133 operation permit except as provided in ss. pursuant to s.
134 403.088 and 403.0885.
135 Section 4. Subsection (1) of section 403.088, Florida
136 Statutes, is amended to read:
137 403.088 Water pollution operation permits; conditions.—
138 (1) No person, Without the written authorization of the
139 department, a person may not shall discharge any waste into the
140 waters of within the state any waste which, by itself or in
141 combination with the wastes of other sources, reduces the
142 quality of the receiving waters below the classification
143 established for such waters them. However, this section does
144 shall not be deemed to prohibit the application of pesticides to
145 such waters in the state for the control of insects, aquatic
146 weeds, or algae, or other pests if provided the application is
147 performed in accordance with this subsection.
148 (a) Upon execution of the agreement provided in s.
149 487.163(3), the department may develop a permit or other
150 authorization as required by 33 U.S.C. s. 1342 for the
151 application of pesticides. A person must obtain such permit or
152 other authorization before applying pesticides to waters of the
153 state.
154 (b) In consultation with the Department of Agriculture and
155 Consumer Services and the Fish and Wildlife Conservation
156 Commission, the department shall also develop a general permit
157 under s. 403.0885(2), for the application of pesticides.
158 (c) The department shall also enter into agreements with
159 the Department of Agriculture and Consumer Services pursuant to
160 a program approved by the Department of Health, in the case of
161 insect or other pest control, and with or the Fish and Wildlife
162 Conservation Commission, in the case of aquatic weed, other
163 aquatic pests, or algae control. The department is directed to
164 enter into interagency agreements to establish the procedures
165 for program approval. Such agreements must shall provide for
166 public health, welfare, and safety, as well as environmental
167 factors and must ensure the uniform regulation of pesticides
168 applied to waters of the state, including provision for the
169 coordination of agency staff and resources, through the
170 implementation of permitting, compliance, and enforcement
171 activities under this section and s. 403.0885. Pesticides that
172 are approved programs must provide that only chemicals approved
173 for a the particular use by the United States Environmental
174 Protection Agency or by the Department of Agriculture and
175 Consumer Services may be employed and that they be applied in
176 accordance with registered label instructions, state standards
177 for such application, including any permit or other
178 authorization required by this subsection and the provisions of
179 the Florida Pesticide Law, part I of chapter 487, are allowed a
180 temporary deviation from the acute toxicity provisions of the
181 department’s water quality rule not to exceed the time necessary
182 to control the target pests and only if the application does not
183 reduce the quality of the receiving waters below the
184 classification for such waters and is not likely to adversely
185 affect any threatened or endangered species.
186 Section 5. Subsection (3) is added to section 487.163,
187 Florida Statutes, to read:
188 487.163 Information; interagency cooperation.—
189 (3) The department shall enter into an agreement with the
190 Department of Environmental Protection to ensure the uniform
191 regulation of pesticides applied to waters of the state,
192 including provision for the coordination of agency staff and
193 resources, through the implementation of permitting, compliance,
194 and enforcement activities under ss. 403.088 and 403.0885.
195 Section 6. Subsection (7) is added to section 573.112,
196 Florida Statutes, to read:
197 573.112 Advisory council.—
198 (7) Notwithstanding the provisions of this section, the
199 Citrus Research and Development Foundation, Inc., a direct
200 support organization of the University of Florida established
201 pursuant to s. 1004.28, shall serve as the advisory council for
202 a citrus research marketing order, provide the department with
203 advice on administering the order, and, in accordance with the
204 order, conduct citrus research and perform other duties assigned
205 by the department. Notwithstanding s. 1004.28(3), the
206 foundation’s board of directors shall be composed of 13 members,
207 including 10 citrus growers, 2 representatives of the
208 university’s Institute of Food and Agricultural Sciences, and 1
209 member appointed by the Commissioner of Agriculture.
210 Section 7. Subsections (1) and (6) of section 573.118,
211 Florida Statutes, are amended to read:
212 573.118 Assessment; funds; audit; loans.—
213 (1) To provide funds to defray the necessary expenses
214 incurred by the department in the formulation, issuance,
215 administration, and enforcement of any marketing order, every
216 person engaged in the production, distributing, or handling of
217 agricultural commodities within this state, and directly
218 affected by any marketing order, shall pay to the department, at
219 such times and in such installments as the department may
220 prescribe, such person’s pro rata share of necessary expenses.
221 Each person’s share of expenses shall be that proportion which
222 the total volume of agricultural commodities produced,
223 distributed, or handled by the person during the current
224 marketing season, or part thereof covered by such marketing
225 order, is of the total volume of the commodities produced,
226 distributed, or handled by all such persons during the same
227 current marketing season or part thereof. The department, after
228 receiving the recommendations of the advisory council, shall fix
229 the rate of assessment on the volume of agricultural commodities
230 sold or some other equitable basis. For convenience of
231 collection, upon request of the department, handlers of the
232 commodities shall pay any producer assessments. Handlers paying
233 assessments for and on behalf of any producers may shall, at
234 their discretion, collect the producer assessments from any
235 moneys owed by the handlers to the producers. The collected
236 assessments shall be deposited into the appropriate General
237 Inspection trust fund and shall be used for the sole purpose of
238 implementing the marketing order for which the assessment was
239 collected. The department is not subject to the procedures found
240 in s. 287.057 in the expenditure of these funds. However, the
241 director of the Division of Marketing and Development shall file
242 with the internal auditor of the department a certification of
243 conditions and circumstances justifying each contract or
244 agreement entered into without competitive bidding.
245 (6) An Any assessment levied upon citrus fruit under this
246 section may not exceed the rate established in the marketing
247 order and shall be at a rate not to exceed 1 cent per standard
248 packed box of citrus fruit grown and placed into the primary
249 channel of trade in this state. All revenues from such
250 assessment collected by the department shall be deposited into
251 the Citrus Inspection Trust Fund.
252 Section 8. Subsection (32) of section 581.031, Florida
253 Statutes, is amended to read:
254 581.031 Department; powers and duties.—The department has
255 the following powers and duties:
256 (32) To The Department of Agriculture and Consumer Services
257 shall conduct or cause to be conducted those research projects
258 on citrus diseases, including, but not limited to, citrus canker
259 and citrus greening, which are recommended by the Citrus
260 Research and Development Foundation, Inc. Florida Citrus
261 Production Research Advisory Council, within the limits of
262 appropriations made specifically for such purpose.
263 Section 9. The Department of Agriculture and Consumer
264 Services shall meet with duly authorized representatives of
265 established organizations representing the Florida pest control
266 industry and prepare a report that shall be submitted to the
267 President of the Senate, the Speaker of the House of
268 Representatives, the chairperson of the Senate Committee on
269 Agriculture, and the chairperson of the House Committee on
270 Agribusiness by January 1, 2011. The report shall include
271 recommended amendments to chapter 482, Florida Statutes, which
272 provide for disciplinary action to be taken against licensees
273 who violate laws or rules pertaining to the pretreatment of soil
274 to protect newly constructed homes, pest control at sensitive
275 facilities such as schools and nursing homes, and also the
276 fumigation of existing homes for protection against termite
277 damage, thereby providing additional safeguards for consumers.
278 The report may also address other issues of concern to the
279 department and to members of the industry, such as changes to
280 requirements for professional liability insurance coverage or
281 the amount of bond required, duties and responsibilities of a
282 certified operator, issuance of a centralized pest control
283 service center license, and limited certification for commercial
284 wildlife management personnel.
285 Section 10. Section 601.07, Florida Statutes, is amended to
286 read:
287 601.07 Location of executive offices.—The executive offices
288 of the Department of Citrus shall be established and maintained
289 at Bartow Lakeland.
290 Section 11. This act shall take effect upon becoming a law.
