Handbook of Florida Agricultural Laws: Crops and Products

Florida Aquaculture Policy Act

597

Creates state's aquaculture plan to enhance the growth of aquaculture in Florida while protecting the environment. Regulates shellfish leases by qualified persons of any part of the bottom, water column, or bed of any water of the state for the purpose of growing oysters or clams (597.010), and Shellfish Processors (597.020).

It is unlawful for an aquaculture registrant to: commingle in the same container any shellfish aquaculture product with wild product; to transport by vessel over water both wild and aquaculture products of the same species at the same time (597.0041). Section 373.1131 simplifies permit processing when more than one agency requires aquaculture permits (consolidated action on permits). F.S. 597 established Aquaculture Best Management Practices (BMPs); any person failing to meet the BMPs and/or refusing to implement the BMPs outlined in F.S. 597 must obtain all necessary permits/authorizations from the appropriate regulatory authority, pursuant to Rule 5L-3.007(3), Florida Administrative Code. See also leasing of submerged Florida land for aquaculture (253.69–253.75); control of aquatic weeds, including invasive nonnative weeds (369.20–369.251); and theft of aquaculture species (812.014(2)(c)(7)).

DOA

DACS

B. Citrus Production

Florida Citrus Code

601

Describes laws designed to promote stable Florida citrus industry. Covers production and marketing topics ranging from general prohibition of arsenic use to advertising, inspection, standards, marketing, and processing of fruit. First person processing orange or grapefruit products and storing or removing such processed citrus products (except for direct consumption by consumers) is subject to an excise tax at the described rate in F.S. 601.155(2).

See ch. 2012-182 for substantial amendments to the Citrus Code, including powers and duties of the Florida Citrus Commission and the Florida Department of Citrus (CIT). See restrictions on importing citrus plants and stock from outside Florida (581.182); restrictions on new citrus varieties (581.183); exemption for alcohol beverage manufacture from citrus in dry counties (561.43(1)(b)).

CIT

DACS

C. Cotton / Fiber Production

Florida Boll Weevil Eradication Law

593.101– 593.117

Gives the state the authority to require cotton growers to supply crop information, to declare a quarantine of any area affected by boll weevil, to establish and control eradication zones, and to destroy cotton not being grown in accordance with this law. Department has the power and duty to enter upon any operation, and all things related, for the purpose of inspection, quarantine, or eradication in reference to the boll weevil (592.103(3).

Authorizes rules for record keeping of cotton shipments (593.107) and penalties for violating declared quarantine area (593.116). Restricts movements of livestock, humans, and honeybee colonies into or from quarantine areas (593.11). Provides assessments of up to $35 per acre to defray expenses related to eradication or suppression programs (593.114).

DACS

DPI

D. Forestry / Silviculture

Laws regarding general forestry

589

Establishes Florida Forestry Council, provides for uses of state forests, and provides that the Florida Forest Service (FFS) shall administer tree planting programs to assist rural landowners and urban communities. Gives broad powers to the FFS to prevent, detect, suppress, and extinguish wildfires wherever they may occur on public or private land.

Forest Protection (590) and Forest Development (591) are related bodies of laws. Allows the Florida Commissioner of Agriculture to declare "severe drought emergency" and prohibit any burning within emergency area. (590.081) Authorizes continued use of prescribed burning to control amount of highly flammable underbrush and dead plant material to reduce the risk and severity of wildfire. Provides requirements that must be met to openly burn land-clearing debris (590.125).

DACS

FFS

Laws regarding forest protection

590

Gives broad powers to Florida Forest Service (FFS) to monitor, control, and extinguish fires. 590.125(3) authorizes and promotes the continued use of prescribed burning for ecological, silvicultural, wildlife management, and range management purposes.

Section 590.125 allows controlled burning as a management practice, but subject to rules of FFS. Prohibits several forms of unlawful burning (590.10–590.11). Anyone found to be in violation may be convicted of a second degree or first degree misdemeanor (590.10; 590.11). Prohibits fires without written permit near protected areas during emergency drought conditions (590.081).

DACS

FFS

Florida Community Forest Law

591.15 – 591.26

Provides mechanisms for communities to acquire, develop, and manage forests or lands suitable for forest development.

Encourages communities to develop areas in local forests for recreation and education.

DACS

FFS

E. Honey Certification and Honeybees

Florida Honey Certification and Honeybee Law

586

Authorizes DACS to enforce laws, make rules, and act to keep honeybee pests and unwanted bee races from entering Florida, and to control bee diseases by inspection, quarantine and destruction of hives.

Compensates resident beekeepers for equipment and hives destroyed to eradicate American foulbrood (586.14), but does not compensate them for destruction due to unwanted bee races, infested or infected honeybees, honeybee products, beekeeping equipment or other articles.(586.13(2)).

API

DACS

F. Nursery and Plant Industry

Laws regarding nursery plants

581

Establishes laws governing plant nurseries and the movement and importation of nursery stock from places outside Florida.

Enforced by and under the controls of DACS as provided in ch. 570. DACS can declare a plant pest, noxious weed, or insect a nuisance, and declare quarantines of affected plants. (581.031(6) & (7)). Requires certificate of registration for nursery operators (581.131). See 2006-45, section 3, establishing 581.1843, imposing additional restrictions on citrus nursery stock propagation and production (e.g., new citrus nurseries must be set one mile back from commercial citrus groves). See 2005-210, section 19, amending 581.083, requiring special permit to cultivate nonnative plants for nonagricultural purposes exceeding two acres; See 2005-210, section 18, amending 581.011, defining "invasive plant" as a "naturalized plant that disrupts naturally occurring native plant communities.”

DACS

DPI

G. Tropical Fruits

Laws regarding inspection of fruits and vegetables

603.11 – 603.161

Provides for inspections, inspection fees, enforcement of Federal Marketing Agreement for certain vegetables, maturity standards for limes, and the requirement to obtain and carry sales receipt for certain tropical and semitropical fruits.

DACS

FAV

Florida Tropical Fruit Policy Act

603.201–603.204

Establishes the South Florida Tropical Fruit Plan, to be developed and updated by the Commissioner of Agriculture, to: encourage development of tropical fruit production; identify problems and constraints of the tropical fruit industry; propose possible solutions to such problems; and develop planning mechanisms for orderly growth in the industry.

 The term “tropical fruit” does not include citrus fruit as defined in s. 601.03, limes, or avocados. (603.202(4)).

DACS

TFAC

Florida Tropical or Subtropical Fruit and Vegetable Sales Law

603.211

Requires a buyer of 55 or more pounds of tropical or subtropical fruit and vegetables to demand and carry a “receipt,” i.e., a bill of sale, invoice sales memorandum, or other document listing the date of transaction, the quantity of product, and the identification of the seller. Sales “receipt” should include the seller's driver's license number or two other forms of identification. Sales receipt is to be kept for at least one year.

Violation may result in confiscation and first degree misdemeanor. Tropical or subtropical fruit is defined broadly to mean fruit that must be grown in tropical or subtropical regions, except for citrus fruit as defined in 601.03(7). Vegetables means tomatoes, peppers, squash, cucumbers, leafy greens, green beans, eggplant, sweet corn, and cabbage as defined in 603.211(3)(i).

DACS

H. Commercial Food Products

Florida Food Disparagement Law

865.065

Prohibits the willful or malicious distribution of false information claiming that a perishable food product is unsafe for human consumption; providing for compensatory and punitive damages.

“Perishable agricultural food product” means any agricultural or aquacultural food product or commodity grown within the State of Florida which is sold or distributed in a form that will perish or decay within a reasonable period of time. 865.065(2)(b).