Bill Text: FL S2182 | 2010 | Regular Session | Introduced

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

---

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-Introduced.html

---

 
       Florida Senate - 2010                                    SB 2182 
        
       By Senator Alexander 
       17-01925B-10                                          20102182__ 
    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 retroactivity; amending s. 
    6         573.112, F.S.; providing that the Citrus Research and 
    7         Development Foundation shall provide advice to the 
    8         Department of Agriculture and Consumer Services with 
    9         respect to citrus research marketing orders; amending 
   10         s. 573.118, F.S.; providing for the deposit of certain 
   11         agricultural assessments; revising the assessment rate 
   12         on citrus fruit; amending s. 581.031, F.S.; expanding 
   13         the type of research projects which may be conducted 
   14         by the department; providing an effective date. 
   15   
   16  Be It Enacted by the Legislature of the State of Florida: 
   17   
   18         Section 1. Paragraph (b) of subsection (3) of section 
   19  193.461, Florida Statutes, is amended to read: 
   20         193.461 Agricultural lands; classification and assessment; 
   21  mandated eradication or quarantine program.— 
   22         (3) 
   23         (b) Subject to the restrictions specified set out in this 
   24  section, only lands that which are used primarily for bona fide 
   25  agricultural purposes shall be classified agricultural. The term 
   26  “bona fide agricultural purposes” means good faith commercial 
   27  agricultural use of the land. 
   28         1. In determining whether the use of the land for 
   29  agricultural purposes is bona fide, the following factors may be 
   30  taken into consideration: 
   31         a.1. The length of time the land has been so used. 
   32         b.2. Whether the use has been continuous. 
   33         c.3. The purchase price paid. 
   34         d.4. Size, as it relates to specific agricultural use, but 
   35  in no event shall a minimum acreage may not be required for 
   36  agricultural assessment. 
   37         e.5. Whether an indicated effort has been made to care 
   38  sufficiently and adequately for the land in accordance with 
   39  accepted commercial agricultural practices, including, without 
   40  limitation, fertilizing, liming, tilling, mowing, reforesting, 
   41  and other accepted agricultural practices. 
   42         f.6. Whether the such land is under lease and, if so, the 
   43  effective length, terms, and conditions of the lease. 
   44         g.7. Such other factors as may from time to time become 
   45  applicable. 
   46         2. Offering property for sale does not constitute a primary 
   47  use of land and may not be the basis for denying its 
   48  agricultural classification if the land continues to be used 
   49  primarily for bona fide agricultural purposes while it is being 
   50  offered for sale. 
   51         Section 2. The amendment to paragraph (b) of subsection (3) 
   52  of section 193.461, Florida Statutes, by this act is intended to 
   53  be remedial and clarifying in nature and applies retroactively 
   54  to all parcels for which a final court order has not yet been 
   55  entered as of the effective date of this act. 
   56         Section 3. Subsection (7) is added to section 573.112, 
   57  Florida Statutes, to read: 
   58         573.112 Advisory council.— 
   59         (7) Notwithstanding the provisions of this section, the 
   60  Citrus Research and Development Foundation, Inc., a direct 
   61  support organization of the University of Florida established 
   62  pursuant to s. 1004.28, shall serve as the advisory council for 
   63  a citrus research marketing order, provide the department with 
   64  advice on administering the order, and, in accordance with the 
   65  order, conduct citrus research and perform other duties assigned 
   66  by the department. Notwithstanding s. 1004.28(3), the 
   67  foundation’s board of directors shall be composed of 13 members, 
   68  including 10 citrus growers, 2 representatives of the 
   69  university’s Institute of Food and Agricultural Sciences, and 1 
   70  member appointed by the Commissioner of Agriculture. 
   71         Section 4. Subsections (1) and (6) of section 573.118, 
   72  Florida Statutes, are amended to read: 
   73         573.118 Assessment; funds; audit; loans.— 
   74         (1) To provide funds to defray the necessary expenses 
   75  incurred by the department in the formulation, issuance, 
   76  administration, and enforcement of any marketing order, every 
   77  person engaged in the production, distributing, or handling of 
   78  agricultural commodities within this state, and directly 
   79  affected by any marketing order, shall pay to the department, at 
   80  such times and in such installments as the department may 
   81  prescribe, such person’s pro rata share of necessary expenses. 
   82  Each person’s share of expenses shall be that proportion which 
   83  the total volume of agricultural commodities produced, 
   84  distributed, or handled by the person during the current 
   85  marketing season, or part thereof covered by such marketing 
   86  order, is of the total volume of the commodities produced, 
   87  distributed, or handled by all such persons during the same 
   88  current marketing season or part thereof. The department, after 
   89  receiving the recommendations of the advisory council, shall fix 
   90  the rate of assessment on the volume of agricultural commodities 
   91  sold or some other equitable basis. For convenience of 
   92  collection, upon request of the department, handlers of the 
   93  commodities shall pay any producer assessments. Handlers paying 
   94  assessments for and on behalf of any producers may shall, at 
   95  their discretion, collect the producer assessments from any 
   96  moneys owed by the handlers to the producers. The collected 
   97  assessments shall be deposited into the appropriate General 
   98  Inspection trust fund and shall be used for the sole purpose of 
   99  implementing the marketing order for which the assessment was 
  100  collected. The department is not subject to the procedures found 
  101  in s. 287.057 in the expenditure of these funds. However, the 
  102  director of the Division of Marketing and Development shall file 
  103  with the internal auditor of the department a certification of 
  104  conditions and circumstances justifying each contract or 
  105  agreement entered into without competitive bidding. 
  106         (6) An Any assessment levied upon citrus fruit under this 
  107  section may not exceed the rate established in the marketing 
  108  order and shall be at a rate not to exceed 1 cent per standard 
  109  packed box of citrus fruit grown and placed into the primary 
  110  channel of trade in this state. All revenues from such 
  111  assessment collected by the department shall be deposited into 
  112  the Citrus Inspection Trust Fund. 
  113         Section 5. Subsection (32) of section 581.031, Florida 
  114  Statutes, is amended to read: 
  115         581.031 Department; powers and duties.—The department has 
  116  the following powers and duties: 
  117         (32) To The Department of Agriculture and Consumer Services 
  118  shall conduct or cause to be conducted those research projects 
  119  on citrus diseases, including, but not limited to, citrus canker 
  120  and citrus greening, which are recommended by the Florida Citrus 
  121  Production Research Advisory Council, within the limits of 
  122  appropriations made specifically for such purpose. 
  123         Section 6. This act shall take effect upon becoming a law.