1999 Florida Code
TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 602 Citrus Canker Disease  
602.035   Schedule of compensation.

602.035  Schedule of compensation.--The categories of citrus nursery plants set out below were established by the Citrus Canker Indemnity Group. The definitions and descriptions in the 1984 report of the Citrus Canker Indemnity Group shall apply to the categories in this act. The tree survival factors represent the average percentage of original planted trees reaching sale after allowances for culling or death.

(1)  The Legislature establishes the following values to provide presumptive full and fair compensation for the citrus nursery plants destroyed in the Citrus Canker Eradication Program as a result of the nursery strain of citrus canker:

(a)  Field grown seedling ....... $0.155

(b)  Field grown liner ....... $0.277

(c)  Greenhouse seedling ....... $0.234

(d)  Greenhouse liner ....... $0.532

(e)  One-gallon container ....... $2.999

(f)  Two-gallon container ....... $3.90

(g)  Three-gallon container ....... $5.90

(h)  Reset ....... $7.48

(i)  The presumptive value for a field grown budded plant shall be determined from the following table by the intersection of the row indicating the month and year during which the plants were destroyed and the column indicating the number of months that had elapsed between the date on which the plants were budded and the date of destruction.

(j)  The presumptive value for a greenhouse budded plant shall be determined from the following table by the intersection of the row indicating the month and year during which the plants were destroyed and the column indicating the number of months that had elapsed between the date on which the plants were budded and the date of destruction.

(2)  The presumptive level of compensation shall be determined by multiplying the number of plants in each of the categories listed in subsection (1) that were destroyed by the average tree survival factors listed below for the appropriate type of plant, and multiplying the resulting product by the corresponding presumptive values listed in subsection (1). The following tree survival factors shall be used in establishing the presumptive level of compensation pursuant to this subsection:

(a)  Field grown seedling ....... 0.683

(b)  Field grown liner ....... 0.93

(c)  Greenhouse seedling ....... 0.62

(d)  Greenhouse liner ....... 0.97

(e)  One-gallon container ....... 1.0

(f)  Two-gallon container ....... 1.0

(g)  Three-gallon container ....... 1.0

(h)  Reset ....... 1.0

(i)  Field grown budded ....... 0.836

(j)  Greenhouse budded ....... 0.783

(3)  The presumptive values used in subsection (1) were arrived at in the following manner:

(a)  The presumptive value for a field grown seedling was arrived at by calculating the arithmetic mean of 1984 prices reported for field grown seedlings in a survey of citrus nurseries conducted by the Citrus Research and Education Center at the Institute of Food and Agricultural Sciences at the University of Florida.

(b)  The presumptive value for a field grown liner was taken from the 1984 report of the Citrus Canker Indemnity Group.

(c)  The presumptive value for a greenhouse seedling was arrived at by calculating the arithmetic mean of 1984 prices reported for greenhouse seedlings in a survey of citrus nurseries conducted by the Citrus Research and Education Center at the Institute of Food and Agricultural Sciences at the University of Florida.

(d)  The presumptive value for a greenhouse liner was taken from the 1984 report of the Citrus Canker Indemnity Group.

(e)  The presumptive value for a 1-gallon container was arrived at by multiplying the presumptive value for a 2-gallon container by the ratio of the production value of a 1-gallon container to the production value of a 2-gallon container as reported in the 1984 report of the Citrus Canker Indemnity Group.

(f)  The presumptive value for a 2-gallon container was arrived at by taking the mode of prices charged for 2-gallon containers as reported in invoices for 1984 sales provided by the Department of Citrus.

(g)  The presumptive value for a 3-gallon container was arrived at by taking the mode of prices charged for 3-gallon containers as reported in invoices for 1984 sales provided by the Department of Citrus.

(h)  The presumptive value for a reset was taken from the 1984 report of the Citrus Canker Indemnity Group.

(i)  The table of presumptive values for field grown budded plants was constructed in the following manner:

1.  The 1984 value of a newly budded plant was assigned a value of $0.813 based on the production cost of a newly budded field grown liner as reported by the 1984 report of the Citrus Canker Indemnity Group.

2.  The 1984 value of a field grown budded plant that was ready to market was assigned a value of $3.18 based on the weighted mean of sales prices of field grown budded plants, less $0.10 per plant for digging and dipping costs not incurred for destroyed plants, as reported on sales invoices which were provided by the Department of Citrus.

3.  The difference between the 1984 production cost of a newly budded liner and the 1984 value of a marketable plant was divided equally among the 18 months typically required to grow a newly budded liner to marketable size as reported in the 1984 report of the Citrus Canker Indemnity Group. The incremental cost for each month was added to the production cost of a newly budded liner to arrive at the value of a field grown budded plant for each month after budding. These values were designated as the June 1984 values on the table of field grown budded plant values.

4.  The values of plants destroyed in months subsequent to June 1984 were arrived at by adjusting the June 1984 figures for changes in the price level using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor.

5.  The number of columns in the table were then combined in the following manner: the month of budding and the 1st, 2nd, and 3rd months after budding were combined and the plant value for the 3rd month after budding was used as the presumptive plant value for purposes of subsection (1); the 4th, 5th, and 6th month after budding were combined and the plant value for the 6th month after budding was used as the presumptive plant value for purposes of subsection (1); the 7th, 8th, and 9th months were combined and the plant value for the 9th month after budding was used as the presumptive plant value for purposes of subsection (1); the 10th, 11th, and 12th months were combined and the plant value for the 12th month after budding was used as the presumptive plant value for purposes of subsection (1); the 13th, 14th, and 15th months were combined and the plant value for the 15th month after budding was used as the presumptive plant value for purposes of subsection (1); the 16th, 17th, and 18th months were combined and the plant value for the 18th month after budding was used as the presumptive plant value for purposes of subsection (1).

(j)  The table of presumptive values for greenhouse budded plants was constructed in the following manner:

1.  The 1984 value of a newly budded plant was assigned a value of $1.085 based on the production cost of a newly budded greenhouse liner as reported by the 1984 report of the Citrus Canker Indemnity Group.

2.  The 1984 value of a greenhouse budded plant that was ready to market is $3.814, which was arrived at by multiplying the 1984 value for a fully grown field grown budded plant by the ratio of the production cost of a greenhouse budded plant to the production cost of a field grown budded plant as reported in the 1984 report of the Citrus Canker Indemnity Group.

3.  The difference between the 1984 production cost of a newly budded liner and the 1984 value of a marketable plant was divided equally among the 10 months typically required to grow a newly budded liner to marketable size as reported in the 1984 report of the Citrus Canker Indemnity Group. The incremental cost for each month was added to the production cost of a newly budded liner to arrive at the value of a greenhouse budded plant for each month after budding. These values were designated as the June 1984 values on the table of greenhouse budded plant values.

4.  The values of plants destroyed in months subsequent to June 1984 were arrived at by adjusting the June 1984 figures for changes in the price level using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor.

5.  The number of columns in the table were then combined in the following manner: the month of budding and the 1st, 2nd, and 3rd months after budding were combined and the plant value for the 3rd month after budding was used as the presumptive plant value for purposes of subsection (1); the 4th, 5th, and 6th month after budding were combined and the plant value for the 6th month after budding was used as the presumptive plant value for purposes of subsection (1); the 7th, 8th, and 9th months were combined and the plant value for the 9th month after budding was used as the presumptive plant value for purposes of subsection (1).

(4)  The average tree survival factors used in this section were taken from staff paper number 281 published in June 1985 by the Food and Resource Economic Department of the Institute of Food and Agricultural Sciences at the University of Florida.

History.--s. 3, ch. 89-91; s. 3, ch. 89-542.