Bill Text: FL H7103 | 2010 | Regular Session | Engrossed

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Bill Title: Agriculture [EPSC]

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Vetoed) 2010-07-19 - Veto Message received -HJ 00012; Veto Message referred to Rules and Calendar Council -HJ 00016 [H7103 Detail]

Download: Florida-2010-H7103-Engrossed.html

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CS/HB 7103

1	A bill to be entitled
2	An act relating to agriculture; amending s. 163.3162,
3	F.S.; prohibiting a county from enforcing certain limits
4	on the activity of a bona fide farm operation on
5	agricultural land under certain circumstances; prohibiting
6	a county from charging agricultural lands for stormwater
7	management assessments and fees under certain
8	circumstances; allowing an assessment to be collected if
9	credits against the assessment are provided for
10	implementation of best management practices; providing
11	exemptions from certain restrictions on a county's powers
12	over the activity on agricultural land; providing a
13	definition; providing for application; creating s.
14	163.3163, F.S.; creating the "Agricultural Land
15	Acknowledgement Act"; providing legislative findings and
16	intent; providing definitions; requiring an applicant for
17	certain development permits to sign and submit an
18	acknowledgement of certain contiguous agricultural lands
19	as a condition of the political subdivision issuing the
20	permits; specifying information to be included in the
21	acknowledgement; requiring that the acknowledgement be
22	recorded in the official county records; authorizing the
23	Department of Agriculture and Consumer Services to adopt
24	rules; amending s. 205.064, F.S.; authorizing a person
25	selling certain agricultural products who is not a natural
26	person to qualify for an exemption from obtaining a local
27	business tax receipt; amending s. 322.01, F.S.; revising
28	the term "farm tractor" for purposes of drivers' licenses;
29	amending s. 604.15, F.S.; revising the term "agricultural
30	products" to make tropical foliage exempt from regulation
31	under provisions relating to dealers in agricultural
32	products; amending s. 604.50, F.S.; exempting farm fences
33	from the Florida Building Code; revising the term
34	"nonresidential farm building"; exempting nonresidential
35	farm buildings and farm fences from county and municipal
36	codes and fees; specifying that the exemptions do not
37	apply to code provisions implementing certain floodplain
38	regulations; amending s. 624.4095, F.S.; requiring that
39	gross written premiums for certain crop insurance not be
40	included when calculating the insurer's gross writing
41	ratio; requiring that liabilities for ceded reinsurance
42	premiums be netted against the asset for amounts
43	recoverable from reinsurers; requiring that insurers who
44	write other insurance products disclose a breakout of the
45	gross written premiums for crop insurance; amending s.
46	823.145, F.S.; expanding the materials used in
47	agricultural operations that may be disposed of by open
48	burning; providing certain limitations on open burning;
49	providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1. Subsection (4) of section 163.3162, Florida
54	Statutes, is amended to read:
55	163.3162 Agricultural Lands and Practices Act.-
56	(4) DUPLICATION OF REGULATION.-Except as otherwise
57	provided in this section and s. 487.051(2), and notwithstanding
58	any other law, including any provision of chapter 125 or this
59	chapter:,
60	(a) A county may not exercise any of its powers to adopt
61	or enforce any ordinance, resolution, regulation, rule, or
62	policy to prohibit, restrict, regulate, or otherwise limit an
63	activity of a bona fide farm operation on land classified as
64	agricultural land pursuant to s. 193.461, if such activity is
65	regulated through implemented best management practices, interim
66	measures, or regulations adopted as rules under chapter 120
67	developed by the Department of Environmental Protection, the
68	Department of Agriculture and Consumer Services, or a water
69	management district and adopted under chapter 120 as part of a
70	statewide or regional program; or if such activity is expressly
71	regulated by the United States Department of Agriculture, the
72	United States Army Corps of Engineers, or the United States
73	Environmental Protection Agency.
74	(b) A county may not charge an assessment or fee for
75	stormwater management on a bona fide farm operation on land
76	classified as agricultural land pursuant to s. 193.461, if the
77	farm operation has a National Pollutant Discharge Elimination
78	System permit, environmental resource permit, or works-of-the-
79	district permit or implements best management practices adopted
80	as rules under chapter 120 by the Department of Environmental
81	Protection, the Department of Agriculture and Consumer Services,
82	or a water management district as part of a statewide or
83	regional program.
84	(c) For each county that, before March 1, 2009, adopted a
85	stormwater utility ordinance or resolution, adopted an ordinance
86	or resolution establishing a municipal services benefit unit, or
87	adopted a resolution stating the county's intent to use the
88	uniform method of collection pursuant to s. 197.3632 for such
89	stormwater ordinances, the county may continue to charge an
90	assessment or fee for stormwater management on a bona fide farm
91	operation on land classified as agricultural pursuant to s.
92	193.461, if the ordinance or resolution provides credits against
93	the assessment or fee on a bona fide farm operation for the
94	water quality or flood control benefit of:
95	1. The implementation of best management practices adopted
96	as rules under chapter 120 by the Department of Environmental
97	Protection, the Department of Agriculture and Consumer Services,
98	or a water management district as part of a statewide or
99	regional program;
100	2. The stormwater quality and quantity measures required
101	as part of a National Pollutant Discharge Elimination System
102	permit, environmental resource permit, or works-of-the-district
103	permit; or
104	3. The implementation of best management practices or
105	alternative measures which the landowner demonstrates to the
106	county to be of equivalent or greater stormwater benefit than
107	those provided by implementation of best management practices
108	adopted as rules under chapter 120 by the Department of
109	Environmental Protection, the Department of Agriculture and
110	Consumer Services, or a water management district as part of a
111	statewide or regional program, or stormwater quality and
112	quantity measures required as part of a National Pollutant
113	Discharge Elimination System permit, environmental resource
114	permit, or works-of-the-district permit.
115	(d)(a) When an activity of a farm operation takes place
116	within a wellfield protection area as defined in any wellfield
117	protection ordinance adopted by a county, and the implemented
118	best management practice, regulation, or interim measure does
119	not specifically address wellfield protection, a county may
120	regulate that activity pursuant to such ordinance. This
121	subsection does not limit the powers and duties provided for in
122	s. 373.4592 or limit the powers and duties of any county to
123	address an emergency as provided for in chapter 252.
124	(e)(b) This subsection may not be construed to permit an
125	existing farm operation to change to a more excessive farm
126	operation with regard to traffic, noise, odor, dust, or fumes
127	where the existing farm operation is adjacent to an established
128	homestead or business on March 15, 1982.
129	(f)(c) This subsection does not limit the powers of a
130	predominantly urbanized county with a population greater than
131	1,500,000 and more than 25 municipalities, not operating under a
132	home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
133	VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
134	VIII of the Constitution of 1968, which has a delegated
135	pollution control program under s. 403.182 and includes drainage
136	basins that are part of the Everglades Stormwater Program, to
137	enact ordinances, regulations, or other measures to comply with
138	the provisions of s. 373.4592, or which are necessary to
139	carrying out a county's duties pursuant to the terms and
140	conditions of any environmental program delegated to the county
141	by agreement with a state agency.
142	(g)(d) For purposes of this subsection, a county ordinance
143	that regulates the transportation or land application of
144	domestic wastewater residuals or other forms of sewage sludge
145	shall not be deemed to be duplication of regulation.
146	(h) This subsection does not limit a county's powers to:
147	1. Enforce wetlands, springs protection, or stormwater
148	ordinances, regulations, or rules adopted before July 1, 2003.
149	2. Enforce wetlands, springs protection, or stormwater
150	ordinances, regulations, or rules pertaining to the Wekiva River
151	Protection Area.
152	3. Enforce ordinances, regulations, or rules as directed
153	by law or implemented consistent with the requirements of a
154	program operated under a delegation agreement from a state
155	agency or water management district.
156
157	As used in this paragraph, the term "wetlands" has the same
158	meaning as defined in s. 373.019.
159	(i) The provisions of this subsection that limit a
160	county's authority to adopt or enforce any ordinance,
161	regulation, rule, or policy, or to charge any assessment or fee
162	for stormwater management, apply only to a bona fide farm
163	operation as described in this subsection.
164	(j) This subsection does not apply to a municipal services
165	benefit unit established before March 1, 2009, pursuant to s.
166	125.01(1)(q), predominately for flood control or water supply
167	benefits.
168	Section 2. Section 163.3163, Florida Statutes, is created
169	to read:
170	163.3163 Applications for development permits; disclosure
171	and acknowledgement of contiguous sustainable agricultural
172	land.-
173	(1) This section may be cited as the "Agricultural Land
174	Acknowledgement Act."
175	(2) The Legislature finds that nonagricultural land which
176	neighbors agricultural land may adversely affect agricultural
177	production and farm operations on the agricultural land and may
178	lead to the agricultural land's conversion to urban, suburban,
179	or other nonagricultural uses. The Legislature intends to reduce
180	the occurrence of conflicts between agricultural and
181	nonagricultural land uses and encourage sustainable agricultural
182	land use. The purpose of this section is to ensure that
183	generally accepted agricultural practices will not be subject to
184	interference by residential use of land contiguous to
185	sustainable agricultural land.
186	(3) As used in this section, the term:
187	(a) "Contiguous" means touching, bordering, or adjoining
188	along a boundary. For purposes of this section, properties that
189	would be contiguous if not separated by a roadway, railroad, or
190	other public easement are considered contiguous.
191	(b) "Farm operation" has the same meaning as defined in s.
192	823.14.
193	(c) "Sustainable agricultural land" means land classified
194	as agricultural land pursuant to s. 193.461 which is used for a
195	farm operation that uses current technology, based on science or
196	research and demonstrated measurable increases in productivity,
197	to meet future food, feed, fiber, and energy needs, while
198	considering the environmental impacts and the social and
199	economic benefits to the rural communities.
200	(4)(a) Before a political subdivision issues a local land
201	use permit, building permit, or certificate of occupancy for
202	nonagricultural land contiguous to sustainable agricultural
203	land, the political subdivision shall require that, as a
204	condition of issuing the permit or certificate, the applicant
205	for the permit or certificate sign and submit to the political
206	subdivision, in a format that is recordable in the official
207	records of the county in which the political subdivision is
208	located, a written acknowledgement of contiguous sustainable
209	agricultural land in the following form:
210
211	ACKNOWLEDGEMENT OF CONTIGUOUS SUSTAINABLE AGRICULTURAL LAND
212
213	I, ...(name of applicant)..., understand that my property
214	located at ...(address of nonagricultural land)..., as
215	further described in the attached legal description, is
216	contiguous to sustainable agricultural land located at
217	...(address of agricultural land)..., as further described
218	in the attached legal description.
219	I acknowledge and understand that the farm operation
220	on the contiguous sustainable agricultural land identified
221	herein will be conducted according to generally accepted
222	agricultural practices as provided in the Florida Right to
223	Farm Act, s. 823.14, Florida Statutes.
224	Signature: ...(signature of applicant)....
225	Date: ...(date)....
226
227	(b) An acknowledgement submitted to a political
228	subdivision under paragraph (a) shall be recorded in the
229	official records of the county in which the political
230	subdivision is located.
231	(c) The Department of Agriculture and Consumer Services,
232	in cooperation with the Department of Revenue, may adopt rules
233	to administer this section.
234	Section 3. Subsection (1) of section 205.064, Florida
235	Statutes, is amended to read:
236	205.064 Farm, aquacultural, grove, horticultural,
237	floricultural, tropical piscicultural, and tropical fish farm
238	products; certain exemptions.-
239	(1) A local business tax receipt is not required of any
240	natural person for the privilege of engaging in the selling of
241	farm, aquacultural, grove, horticultural, floricultural,
242	tropical piscicultural, or tropical fish farm products, or
243	products manufactured therefrom, except intoxicating liquors,
244	wine, or beer, when such products were grown or produced by such
245	natural person in the state.
246	Section 4. Subsection (20) of section 322.01, Florida
247	Statutes, is amended to read:
248	322.01 Definitions.-As used in this chapter:
249	(20) "Farm tractor" means a motor vehicle that is:
250	(a) Operated principally on a farm, grove, or orchard in
251	agricultural or horticultural pursuits and that is operated on
252	the roads of this state only incidentally for transportation
253	between the owner's or operator's headquarters and the farm,
254	grove, or orchard or between one farm, grove, or orchard and
255	another; or
256	(b) Designed and used primarily as a farm implement for
257	drawing plows, mowing machines, and other implements of
258	husbandry.
259	Section 5. Subsection (1) of section 604.15, Florida
260	Statutes, is amended to read:
261	604.15 Dealers in agricultural products; definitions.-For
262	the purpose of ss. 604.15-604.34, the following words and terms,
263	when used, shall be construed to mean:
264	(1) "Agricultural products" means the natural products of
265	the farm, nursery, grove, orchard, vineyard, garden, and apiary
266	(raw or manufactured); sod; tropical foliage; horticulture; hay;
267	livestock; milk and milk products; poultry and poultry products;
268	the fruit of the saw palmetto (meaning the fruit of the Serenoa
269	repens); limes (meaning the fruit Citrus aurantifolia, variety
270	Persian, Tahiti, Bearss, or Florida Key limes); and any other
271	nonexempt agricultural products produced in the state, except
272	tobacco, sugarcane, tropical foliage, timber and timber
273	byproducts, forest products as defined in s. 591.17, and citrus
274	other than limes.
275	Section 6. Section 604.50, Florida Statutes, is amended to
276	read:
277	604.50 Nonresidential farm buildings and farm fences.-
278	(1) Notwithstanding any other law to the contrary, any
279	nonresidential farm building or farm fence is exempt from the
280	Florida Building Code and any county or municipal building code
281	or fee, except for code provisions implementing local, state, or
282	federal floodplain management regulations.
283	(2) As used in For purposes of this section, the term:
284	(a) "Nonresidential farm building" means any temporary or
285	permanent building or support structure that is classified as a
286	nonresidential farm building on a farm under s. 553.73(9)(c) or
287	that is used primarily for agricultural purposes, is located on
288	a farm that is not used as a residential dwelling, and is
289	located on land that is an integral part of a farm operation or
290	is classified as agricultural land under s. 193.461, and is not
291	intended to be used as a residential dwelling. The term may
292	include, but is not limited to, a barn, greenhouse, shade house,
293	farm office, storage building, or poultry house.
294	(b) The term "Farm" has the same meaning is as provided
295	defined in s. 823.14.
296	Section 7. Subsection (7) is added to section 624.4095,
297	Florida Statutes, to read:
298	624.4095 Premiums written; restrictions.-
299	(7) For purposes of ss. 624.407 and 624.408 and this
300	section, with regard to capital and surplus required, gross
301	written premiums for federal multiple-peril crop insurance that
302	is ceded to the Federal Crop Insurance Corporation and
303	authorized reinsurers shall not be included when calculating the
304	insurer's gross writing ratio. The liabilities for ceded
305	reinsurance premiums payable for federal multiple-peril crop
306	insurance ceded to the Federal Crop Insurance Corporation and
307	authorized reinsurers shall be netted against the asset for
308	amounts recoverable from reinsurers. Each insurer that writes
309	other insurance products together with federal multiple-peril
310	crop insurance shall disclose in the notes to the annual and
311	quarterly financial statement, or file a supplement to the
312	financial statement that discloses, a breakout of the gross
313	written premiums for federal multiple-peril crop insurance.
314	Section 8. Section 823.145, Florida Statutes, is amended
315	to read:
316	823.145 Disposal by open burning of certain materials
317	mulch plastic used in agricultural operations.-Polyethylene
318	agricultural mulch plastic; damaged, nonsalvageable, untreated
319	wood pallets; and packing material that cannot be feasibly
320	recycled, which are used in connection with agricultural
321	operations related to the growing, harvesting, or maintenance of
322	crops, may be disposed of by open burning provided that no
323	public nuisance or any condition adversely affecting the
324	environment or the public health is created thereby and that
325	state or federal national ambient air quality standards are not
326	violated.
327	Section 9. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.