1999 Florida Code
TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 602 Citrus Canker Disease  
602.065   Citrus canker claims; procedures.

602.065  Citrus canker claims; procedures.--

(1)  The Office of Citrus Canker Claims shall take reasonable steps to identify and notify claimants whose citrus nursery plants were destroyed under the Citrus Canker Eradication Program of the existence of the Office of Citrus Canker Claims and the availability of compensation. The notification shall indicate the manner in which the claimant may request an application form requesting compensation.

(2)(a)  For all claimants whose claims arose prior to June 20, 1989, notification required in subsection (1) shall be sent by registered mail to each claimant at the address provided in the immediate final order. In addition, notification for the purpose of s. 602.095(2) shall be deemed to have been made upon publication of a general notice to all such claimants in a newspaper of general circulation during each week for 2 consecutive weeks in those counties in which citrus nursery plants were destroyed.

(b)  For all claimants whose claims arise on or after June 20, 1989, notification required in subsection (1) for the purpose of s. 602.095(2) shall be deemed to have been made when such notification is sent by registered mail to each claimant at the address provided in the immediate final order or in the citrus tree destruction report.

(3)  The claimant shall indicate on the application the number of citrus nursery plants destroyed in each category.

(4)  The claimant shall disclose on the application any money already received from the state or Federal Government, or both, for citrus nursery plants destroyed pursuant to the Citrus Canker Eradication Program and the date each such payment was received.

(5)  Upon receipt of the application from the claimant, the Office of Citrus Canker Claims shall compare the information provided by the claimant with the records of the Department of Agriculture and Consumer Services. If the claimant's information is in accordance with the department's records, the Office of Citrus Canker Claims shall calculate the amount due to the claimant. Such calculations shall be done as follows:

(a)  The base level of compensation shall be calculated as set forth in s. 602.035(2).

(b)  If a claimant's judicial remedies are not barred by the statute of limitations as of June 20, 1989, then interest, as provided in s. 55.03, shall be added to the base level of compensation according to the following schedule:

1.  On the base level of compensation from the date of destruction until the date of the first payment, if any.

2.  On the difference between the base level of compensation and the first payment from the date of the first payment until the date of the second payment, if any.

3.  On the difference between the base level of compensation and the sum of the first and second payments from the date of the second payment until the date of the third payment, if any.

4.  On the difference between the base level of compensation and the sum of all prior payments, if any, between the date of the last payment and the date on which final compensation is made pursuant to this act.

(c)  The sum of all compensation payments previously made by the state and federal governments shall be deducted from the sum of the base level of compensation and interest, if applicable, to arrive at the net level of compensation due to the claimant. Once the claimant has satisfied all conditions for payment, the administrative law judge has issued a final order, or an order becomes final after an appeal, the time limits and penalties prescribed by s. 215.422 shall apply to any net compensation due a claimant.

(6)  A claimant who agrees to accept the net compensation computed pursuant to this section and who signs a release as described in s. 602.055(2) shall thereupon be paid for the claim by the Office of Citrus Canker Claims.

(7)(a)  A claimant who contests the net compensation computed pursuant to this section or the number and category of citrus nursery plants destroyed shall be entitled to proceed before an administrative law judge.

(b)  In the event that a claimant contests the net compensation computed pursuant to this section or the number and category of citrus plants destroyed and does not request a hearing, the Office of Citrus Canker Claims, in consultation with the Department of Legal Affairs, shall be entitled to proceed before an administrative law judge, at any point in the process, when such proceeding is deemed to be in the best interest of the state.

(8)  The director of the Division of Administrative Hearings shall appoint an administrative law judge to conduct each citrus canker claim proceeding, including those for attorney's fees and costs.

(9)  The Department of Legal Affairs shall provide representation and assistance to the Office of Citrus Canker Claims and may provide representation to any state agency affected by this act. The Department of Legal Affairs shall also take all necessary and appropriate action determined to be available to ensure that the Federal Government releases to the State of Florida any available funds which reimburse the state the Federal Government's share of the costs arising from the eradication of citrus canker. All funds received by the state from the Federal Government to reimburse the state for its share of the costs arising from the eradication of the citrus canker shall be deposited in the Plant Industry Trust Fund and shall be used only for the eradication of citrus canker.

(10)  In a proceeding under this act, the administrative law judge's final order shall determine:

(a)  The value of the claimant's citrus nursery plants at the time of destruction.

(b)  The number and category of the claimant's citrus nursery plants.

(c)  Whether the destruction was required by either the state or Federal Government, or both.

(d)  The amount of any money previously paid, and the dates such moneys were paid, for destroyed citrus nursery plants to the claimant by the state or Federal Government, or both, pursuant to the Citrus Canker Eradication Program.

(e)  The amount of attorney's fees and costs, if any, pursuant to this section or s. 602.075, as appropriate.

(f)  Any other matters necessary to the resolution of the claim as contemplated by this act.

(11)  The records of the Department of Agriculture and Consumer Services regarding the numbers and categories of citrus nursery plants destroyed shall be presumed correct but may be rebutted.

(12)  The values established in s. 602.035 shall be presumed to provide full and fair compensation but may be rebutted.

(13)  Attorney's fees for claims presented before the administrative law judge shall be based upon a reasonable rate for the time necessarily expended for the claim and the hearing. It is presumed that this amount shall not exceed 10 percent of the amount recovered in excess of the net compensation calculated pursuant to subsection (5), but this may be rebutted. Reimbursement shall be made for such costs deemed necessary and proper.

(14)  Orders entered by administrative law judges under this act may be appealed pursuant to s. 120.68. The First District Court of Appeal shall have sole and exclusive jurisdiction over all interlocutory and final orders in proceedings under this act.

History.--s. 6, ch. 89-91; s. 4, ch. 89-542; s. 5, ch. 91-75; s. 9, ch. 94-346; s. 260, ch. 96-410; s. 1, ch. 97-26; s. 14, ch. 97-220.