1997 Florida Code
TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 602 Citrus Canker Disease  
602.025   Legislative findings and intent.

602.025  Legislative findings and intent.--

(1)  The Legislature finds that:

(a)  The destruction of citrus nursery plants by the Department of Agriculture and Consumer Services in order to eradicate citrus canker was a valid exercise of the state's police power.

(b)  The Florida Supreme Court has determined that the state's action in destroying healthy, but suspect citrus nursery plants amounted to a taking which requires full and just compensation to be paid by the state to the owners of such plants.

(c)  The Department of Agriculture and Consumer Services acted properly in dealing with the 1984 outbreak of citrus canker disease.

(d)  State and federal scientists diagnosed the disease as citrus canker (Xanthomonas campestris pathovar citri), but stated that it was different from known strains of citrus canker.

(e)  Subsequent scientific findings have shown that the disease which was discovered in Ward's nursery in 1984 was a previously unknown strain of citrus canker.

(f)  The Department of Agriculture and Consumer Services responded to the discovery of the citrus canker disease using the best scientific knowledge available at the time and in accordance with the federal Citrus Canker Disease Action Plan, which had been formulated by the Federal Government and citrus-producing states to deal with citrus canker outbreaks.

(g)  The Citrus Canker Eradication Program was a joint federal-state project for the purpose of eradicating citrus canker, in which both the state and federal governments participated until March 31, 1986, when the Federal Government withdrew due to inadequate funding. During the Federal Government's participation in the program, citrus nursery plants were destroyed pursuant to both federal and state law, federal scientists assisted in diagnosing specimen samples, federal employees assisted in all aspects of the eradication program, and federal funds were provided to affected citrus nursery plant owners.

(h)  At all times material to this matter, Florida law provided the Department of Agriculture and Consumer Services with authority to destroy plants infected with or exposed to a disease (s. 581.031, Florida Statutes (1983)).

(i)  The Secretary of the United States Department of Agriculture, on October 16, 1984, pursuant to s. 150dd(b)(1) of the Federal Plant Pest Act, as amended, declared an extraordinary emergency in the State of Florida because of citrus canker.

(j)  Financial assistance payments have been made to citrus nursery plant owners which total approximately $16.1 million, the Federal Government having paid an estimated $10.5 million and the state having paid $5.6 million. Overall, the state has spent $24.3 million and the Federal Government has spent approximately $13.2 million on the Citrus Canker Eradication Program.

(k)  The Florida Supreme Court decision in Department of Agriculture and Consumer Services v. Mid-Florida Growers, Inc., 521 So. 2d 101 (Fla. 1988), has placed the state in a difficult financial and regulatory position with respect to future disease and pest eradication programs.

(l)  The Florida Legislature is vested with the sole constitutional authority to appropriate money for specific purposes.

(m)  The potential exists for disruption of the legislatively prescribed plan for the expenditure of public funds which would adversely affect the important functions of government.

(n)  Because of various delays in the implementation of the claims process, some claims have not yet been paid.

(o)  Some of the taxes that came due from 1989 to date have not yet been collected, and the department needs authority to continue collecting these past due taxes after June 30, 1993.

(2)  It is the intent of the Legislature, through the adoption of this act, to:

(a)  Apply this act to all claimants, including, but not limited to, those who have filed lawsuits prior to June 20, 1989, involving compensation for destruction of citrus nursery plants as a result of the Citrus Canker Eradication Program begun in 1984, except those in which there is a final order as to damages, attorney's fees, or costs, from which no appeal has been taken.

(b)  Provide a procedure which shall be the sole and exclusive remedy and procedure to compensate those claimants whose citrus nursery plants were destroyed under the Citrus Canker Eradication Program and which shall be in place of all liability of the state, its departments, and all other instrumentalities of the state.

(c)  Establish a presumptive compensation value for the categories of citrus nursery plants designated by the Citrus Canker Indemnity Group.

(d)  Provide that money shall only be paid to a claimant for citrus nursery plants that were destroyed as a result of being exposed to, or infected or infested with, the disease commonly known as the nursery strain of citrus canker or citrus bacterial spot. Payments may not be made for claims of destruction of citrus nursery plants infested with or exposed to citrus canker strain A.

(e)  Compensate during fiscal year 1990-1991 those claimants whose judicial remedies are barred by the statute of limitations as of June 20, 1989, for the amount computed by the Office of Citrus Canker Claims using the procedure in s. 602.065. Such payments shall not include interest, and such claimants shall not be entitled to proceed before an administrative law judge. This paragraph shall not be construed to constitute a waiver of the limitation on actions as set forth in chapter 95.

(f)  When the Attorney General determines, after consultation with the Comptroller, that the duties and responsibilities of the Department of Legal Affairs under this chapter have been concluded, the Attorney General shall notify the Comptroller. After issuing the notice, the Department of Legal Affairs shall have 30 days in which to archive its files and otherwise complete its affairs relating to this chapter. Thereafter, no additional funds shall be transferred to the Legal Services Trust Fund and all unexpended and unencumbered funds originally transferred from the 1Citrus Canker Compensation Trust Fund shall be immediately transferred from the Legal Services Trust Fund to the 1Citrus Canker Compensation Trust Fund in the Department of Banking and Finance.

(3)  After receiving notice from the Attorney General that the Department of Legal Affairs has completed duties and responsibilities under this chapter, the Comptroller shall determine whether there has been a final disposition of all claims filed pursuant to this chapter. When the Comptroller determines that all claims, except those provided for in s. 602.055(6), filed pursuant to this chapter have reached a final disposition, the Comptroller shall notify the Attorney General, the Commissioner of Agriculture, the director of the Division of Administrative Hearings, and the Auditor General that the Citrus Canker Compensation Program has been completed. The Auditor General shall conduct a financial audit of the funding and expenditure for the Citrus Canker Compensation Program established by chapter 89-91, Laws of Florida, the Citrus Canker Eradication Program beginning July 1, 1989, and continued through the date of the audit, and payment of all claims arising out of the Citrus Canker Eradication Program not covered by this chapter to determine if the percentage funding formula enacted by the Legislature has been met. By January 15, 1994, the results of the audit shall be reported to the Legislature, which shall thereafter determine the amounts to be refunded to the appropriate trust fund; however, the Auditor General shall begin the audit immediately without waiting for all final payments to be made.

(4)  Following the completion of the financial audit by the Auditor General, the Legislature shall determine whether general revenue appropriated beginning July 1, 1989, and any taxes collected pursuant to chapters 89-91, 89-542, 90-326, 91-4, 91-75, 92-140, and 93-52, Laws of Florida, were in excess of the amount necessary to fund the Citrus Canker Compensation Program or the Citrus Canker Eradication Program pursuant to the funding formula provided in s. 8, chapter 92-140, Laws of Florida. If the Legislature determines that an excess of funds was appropriated from general revenue or excess taxes were collected pursuant to chapters 89-91, 89-542, 90-326, 91-4, 91-75, 92-140, and 93-52, Laws of Florida, such excesses shall be appropriated for transfer to the General Revenue Fund and the Citrus Advertising Trust Fund, respectively.

History.--s. 2, ch. 89-91; s. 2, ch. 89-542; s. 7, ch. 91-75; s. 4, ch. 92-140; s. 1, ch. 93-52; s. 8, ch. 94-346; s. 258, ch. 96-410.

1Note.--Terminated by s. 6, ch. 94-346.