Bill Text: FL S2182 | 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: 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-Comm_Sub.html

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       Florida Senate - 2010                      CS for CS for SB 2182 
        
       By the Committees on Community Affairs; and Agriculture; and 
       Senator Alexander 
       578-03132-10                                          20102182c2 
    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         agricultural improvements, structures, or equipment 
    8         located on agricultural land and used for specified 
    9         purposes; amending s. 573.112, F.S.; requiring that 
   10         the Citrus Research and Development Foundation provide 
   11         advice to the Department of Agriculture and Consumer 
   12         Services with respect to citrus research marketing 
   13         orders; amending s. 573.118, F.S.; providing for the 
   14         deposit of certain agricultural assessments; revising 
   15         the assessment rate on citrus fruit; amending s. 
   16         581.031, F.S.; expanding the type of research projects 
   17         that may be conducted by the department; requiring the 
   18         Citrus Research and Development Foundation, Inc., to 
   19         recommend the research projects; providing an 
   20         effective date. 
   21   
   22  Be It Enacted by the Legislature of the State of Florida: 
   23   
   24         Section 1. Paragraph (b) of subsection (3) and paragraph 
   25  (c) of subsection (6) of section 193.461, Florida Statutes, are 
   26  amended to read: 
   27         193.461 Agricultural lands; classification and assessment; 
   28  mandated eradication or quarantine program.— 
   29         (3) 
   30         (b) Subject to the restrictions specified set out in this 
   31  section, only lands that which are used primarily for bona fide 
   32  agricultural purposes shall be classified agricultural. The term 
   33  “bona fide agricultural purposes” means good faith commercial 
   34  agricultural use of the land. 
   35         1. In determining whether the use of the land for 
   36  agricultural purposes is bona fide, the following factors may be 
   37  taken into consideration: 
   38         a.1. The length of time the land has been so used. 
   39         b.2. Whether the use has been continuous. 
   40         c.3. The purchase price paid. 
   41         d.4. Size, as it relates to specific agricultural use, but 
   42  in no event shall a minimum acreage may not be required for 
   43  agricultural assessment. 
   44         e.5. Whether an indicated effort has been made to care 
   45  sufficiently and adequately for the land in accordance with 
   46  accepted commercial agricultural practices, including, without 
   47  limitation, fertilizing, liming, tilling, mowing, reforesting, 
   48  and other accepted agricultural practices. 
   49         f.6. Whether the such land is under lease and, if so, the 
   50  effective length, terms, and conditions of the lease. 
   51         g.7. Such other factors as may from time to time become 
   52  applicable. 
   53         2. Offering property for sale does not constitute a primary 
   54  use of land and may not be the basis for denying its 
   55  agricultural classification if the land continues to be used 
   56  primarily for bona fide agricultural purposes while it is being 
   57  offered for sale. 
   58         (6) 
   59         (c)1. For purposes of the income methodology approach to 
   60  assessment of property used for agricultural purposes, 
   61  irrigation systems, including pumps and motors, physically 
   62  attached to the land shall be considered a part of the average 
   63  yields per acre and shall have no separately assessable 
   64  contributory value. 
   65         2. Litter containment structures located on producing 
   66  poultry farms and animal waste nutrient containment structures 
   67  located on producing dairy farms shall be assessed by the 
   68  methodology described in subparagraph 1. 
   69         3. Agricultural improvements, structures, or equipment 
   70  located on land classified as agricultural land pursuant to s. 
   71  193.461 and used as a natural resource conservation practice or 
   72  to implement state-adopted best-management practices shall be 
   73  assessed by the methodology described in subparagraph 1. 
   74         Section 2. The amendment to paragraph (b) of subsection (3) 
   75  of section 193.461, Florida Statutes, made by this act is 
   76  intended to be remedial and clarifying in nature and applies 
   77  retroactively to all parcels for which a final court order has 
   78  not yet been entered as of the effective date of this act. 
   79         Section 3. Subsection (7) is added to section 573.112, 
   80  Florida Statutes, to read: 
   81         573.112 Advisory council.— 
   82         (7) Notwithstanding the provisions of this section, the 
   83  Citrus Research and Development Foundation, Inc., a direct 
   84  support organization of the University of Florida established 
   85  pursuant to s. 1004.28, shall serve as the advisory council for 
   86  a citrus research marketing order, provide the department with 
   87  advice on administering the order, and, in accordance with the 
   88  order, conduct citrus research and perform other duties assigned 
   89  by the department. Notwithstanding s. 1004.28(3), the 
   90  foundation’s board of directors shall be composed of 13 members, 
   91  including 10 citrus growers, 2 representatives of the 
   92  university’s Institute of Food and Agricultural Sciences, and 1 
   93  member appointed by the Commissioner of Agriculture. 
   94         Section 4. Subsections (1) and (6) of section 573.118, 
   95  Florida Statutes, are amended to read: 
   96         573.118 Assessment; funds; audit; loans.— 
   97         (1) To provide funds to defray the necessary expenses 
   98  incurred by the department in the formulation, issuance, 
   99  administration, and enforcement of any marketing order, every 
  100  person engaged in the production, distributing, or handling of 
  101  agricultural commodities within this state, and directly 
  102  affected by any marketing order, shall pay to the department, at 
  103  such times and in such installments as the department may 
  104  prescribe, such person’s pro rata share of necessary expenses. 
  105  Each person’s share of expenses shall be that proportion which 
  106  the total volume of agricultural commodities produced, 
  107  distributed, or handled by the person during the current 
  108  marketing season, or part thereof covered by such marketing 
  109  order, is of the total volume of the commodities produced, 
  110  distributed, or handled by all such persons during the same 
  111  current marketing season or part thereof. The department, after 
  112  receiving the recommendations of the advisory council, shall fix 
  113  the rate of assessment on the volume of agricultural commodities 
  114  sold or some other equitable basis. For convenience of 
  115  collection, upon request of the department, handlers of the 
  116  commodities shall pay any producer assessments. Handlers paying 
  117  assessments for and on behalf of any producers may shall, at 
  118  their discretion, collect the producer assessments from any 
  119  moneys owed by the handlers to the producers. The collected 
  120  assessments shall be deposited into the appropriate General 
  121  Inspection trust fund and shall be used for the sole purpose of 
  122  implementing the marketing order for which the assessment was 
  123  collected. The department is not subject to the procedures found 
  124  in s. 287.057 in the expenditure of these funds. However, the 
  125  director of the Division of Marketing and Development shall file 
  126  with the internal auditor of the department a certification of 
  127  conditions and circumstances justifying each contract or 
  128  agreement entered into without competitive bidding. 
  129         (6) An Any assessment levied upon citrus fruit under this 
  130  section may not exceed the rate established in the marketing 
  131  order and shall be at a rate not to exceed 1 cent per standard 
  132  packed box of citrus fruit grown and placed into the primary 
  133  channel of trade in this state. All revenues from such 
  134  assessment collected by the department shall be deposited into 
  135  the Citrus Inspection Trust Fund. 
  136         Section 5. Subsection (32) of section 581.031, Florida 
  137  Statutes, is amended to read: 
  138         581.031 Department; powers and duties.—The department has 
  139  the following powers and duties: 
  140         (32) To The Department of Agriculture and Consumer Services 
  141  shall conduct or cause to be conducted those research projects 
  142  on citrus diseases, including, but not limited to, citrus canker 
  143  and citrus greening, which are recommended by the Citrus 
  144  Research and Development Foundation, Inc. Florida Citrus 
  145  Production Research Advisory Council, within the limits of 
  146  appropriations made specifically for such purpose. 
  147         Section 6. This act shall take effect upon becoming a law.