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

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
CS/HB 7103
A bill to be entitled
2An act relating to agriculture; amending s. 163.3162,
3F.S.; prohibiting a county from enforcing certain limits
4on the activity of a bona fide farm operation on
5agricultural land under certain circumstances; prohibiting
6a county from charging agricultural lands for stormwater
7management assessments and fees under certain
8circumstances; allowing an assessment to be collected if
9credits against the assessment are provided for
10implementation of best management practices; providing
11exemptions from certain restrictions on a county's powers
12over the activity on agricultural land; providing a
13definition; providing for application; creating s.
14163.3163, F.S.; creating the "Agricultural Land
15Acknowledgement Act"; providing legislative findings and
16intent; providing definitions; requiring an applicant for
17certain development permits to sign and submit an
18acknowledgement of certain contiguous agricultural lands
19as a condition of the political subdivision issuing the
20permits; specifying information to be included in the
21acknowledgement; requiring that the acknowledgement be
22recorded in the official county records; authorizing the
23Department of Agriculture and Consumer Services to adopt
24rules; amending s. 205.064, F.S.; authorizing a person
25selling certain agricultural products who is not a natural
26person to qualify for an exemption from obtaining a local
27business tax receipt; amending s. 322.01, F.S.; revising
28the term "farm tractor" for purposes of drivers' licenses;
29amending s. 604.15, F.S.; revising the term "agricultural
30products" to make tropical foliage exempt from regulation
31under provisions relating to dealers in agricultural
32products; amending s. 604.50, F.S.; exempting farm fences
33from the Florida Building Code; revising the term
34"nonresidential farm building"; exempting nonresidential
35farm buildings and farm fences from county and municipal
36codes and fees; specifying that the exemptions do not
37apply to code provisions implementing certain floodplain
38regulations; amending s. 624.4095, F.S.; requiring that
39gross written premiums for certain crop insurance not be
40included when calculating the insurer's gross writing
41ratio; requiring that liabilities for ceded reinsurance
42premiums be netted against the asset for amounts
43recoverable from reinsurers; requiring that insurers who
44write other insurance products disclose a breakout of the
45gross written premiums for crop insurance; amending s.
46823.145, F.S.; expanding the materials used in
47agricultural operations that may be disposed of by open
48burning; providing certain limitations on open burning;
49providing an effective date.
51Be It Enacted by the Legislature of the State of Florida:
53 Section 1. Subsection (4) of section 163.3162, Florida
54Statutes, is amended to read:
55 163.3162 Agricultural Lands and Practices Act.-
56 (4) DUPLICATION OF REGULATION.-Except as otherwise
57provided in this section and s. 487.051(2), and notwithstanding
58any other law, including any provision of chapter 125 or this
60 (a) A county may not exercise any of its powers to adopt
61or enforce any ordinance, resolution, regulation, rule, or
62policy to prohibit, restrict, regulate, or otherwise limit an
63activity of a bona fide farm operation on land classified as
64agricultural land pursuant to s. 193.461, if such activity is
65regulated through implemented best management practices, interim
66measures, or regulations adopted as rules under chapter 120
67developed by the Department of Environmental Protection, the
68Department of Agriculture and Consumer Services, or a water
69management district and adopted under chapter 120 as part of a
70statewide or regional program; or if such activity is expressly
71regulated by the United States Department of Agriculture, the
72United States Army Corps of Engineers, or the United States
73Environmental Protection Agency.
74 (b) A county may not charge an assessment or fee for
75stormwater management on a bona fide farm operation on land
76classified as agricultural land pursuant to s. 193.461, if the
77farm operation has a National Pollutant Discharge Elimination
78System permit, environmental resource permit, or works-of-the-
79district permit or implements best management practices adopted
80as rules under chapter 120 by the Department of Environmental
81Protection, the Department of Agriculture and Consumer Services,
82or a water management district as part of a statewide or
83regional program.
84 (c) For each county that, before March 1, 2009, adopted a
85stormwater utility ordinance or resolution, adopted an ordinance
86or resolution establishing a municipal services benefit unit, or
87adopted a resolution stating the county's intent to use the
88uniform method of collection pursuant to s. 197.3632 for such
89stormwater ordinances, the county may continue to charge an
90assessment or fee for stormwater management on a bona fide farm
91operation on land classified as agricultural pursuant to s.
92193.461, if the ordinance or resolution provides credits against
93the assessment or fee on a bona fide farm operation for the
94water quality or flood control benefit of:
95 1. The implementation of best management practices adopted
96as rules under chapter 120 by the Department of Environmental
97Protection, the Department of Agriculture and Consumer Services,
98or a water management district as part of a statewide or
99regional program;
100 2. The stormwater quality and quantity measures required
101as part of a National Pollutant Discharge Elimination System
102permit, environmental resource permit, or works-of-the-district
103permit; or
104 3. The implementation of best management practices or
105alternative measures which the landowner demonstrates to the
106county to be of equivalent or greater stormwater benefit than
107those provided by implementation of best management practices
108adopted as rules under chapter 120 by the Department of
109Environmental Protection, the Department of Agriculture and
110Consumer Services, or a water management district as part of a
111statewide or regional program, or stormwater quality and
112quantity measures required as part of a National Pollutant
113Discharge Elimination System permit, environmental resource
114permit, or works-of-the-district permit.
115 (d)(a) When an activity of a farm operation takes place
116within a wellfield protection area as defined in any wellfield
117protection ordinance adopted by a county, and the implemented
118best management practice, regulation, or interim measure does
119not specifically address wellfield protection, a county may
120regulate that activity pursuant to such ordinance. This
121subsection does not limit the powers and duties provided for in
122s. 373.4592 or limit the powers and duties of any county to
123address an emergency as provided for in chapter 252.
124 (e)(b) This subsection may not be construed to permit an
125existing farm operation to change to a more excessive farm
126operation with regard to traffic, noise, odor, dust, or fumes
127where the existing farm operation is adjacent to an established
128homestead or business on March 15, 1982.
129 (f)(c) This subsection does not limit the powers of a
130predominantly urbanized county with a population greater than
1311,500,000 and more than 25 municipalities, not operating under a
132home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
133VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
134VIII of the Constitution of 1968, which has a delegated
135pollution control program under s. 403.182 and includes drainage
136basins that are part of the Everglades Stormwater Program, to
137enact ordinances, regulations, or other measures to comply with
138the provisions of s. 373.4592, or which are necessary to
139carrying out a county's duties pursuant to the terms and
140conditions of any environmental program delegated to the county
141by agreement with a state agency.
142 (g)(d) For purposes of this subsection, a county ordinance
143that regulates the transportation or land application of
144domestic wastewater residuals or other forms of sewage sludge
145shall 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
148ordinances, regulations, or rules adopted before July 1, 2003.
149 2. Enforce wetlands, springs protection, or stormwater
150ordinances, regulations, or rules pertaining to the Wekiva River
151Protection Area.
152 3. Enforce ordinances, regulations, or rules as directed
153by law or implemented consistent with the requirements of a
154program operated under a delegation agreement from a state
155agency or water management district.
157As used in this paragraph, the term "wetlands" has the same
158meaning as defined in s. 373.019.
159 (i) The provisions of this subsection that limit a
160county's authority to adopt or enforce any ordinance,
161regulation, rule, or policy, or to charge any assessment or fee
162for stormwater management, apply only to a bona fide farm
163operation as described in this subsection.
164 (j) This subsection does not apply to a municipal services
165benefit unit established before March 1, 2009, pursuant to s.
166125.01(1)(q), predominately for flood control or water supply
168 Section 2. Section 163.3163, Florida Statutes, is created
169to read:
170 163.3163 Applications for development permits; disclosure
171and acknowledgement of contiguous sustainable agricultural
173 (1) This section may be cited as the "Agricultural Land
174Acknowledgement Act."
175 (2) The Legislature finds that nonagricultural land which
176neighbors agricultural land may adversely affect agricultural
177production and farm operations on the agricultural land and may
178lead to the agricultural land's conversion to urban, suburban,
179or other nonagricultural uses. The Legislature intends to reduce
180the occurrence of conflicts between agricultural and
181nonagricultural land uses and encourage sustainable agricultural
182land use. The purpose of this section is to ensure that
183generally accepted agricultural practices will not be subject to
184interference by residential use of land contiguous to
185sustainable agricultural land.
186 (3) As used in this section, the term:
187 (a) "Contiguous" means touching, bordering, or adjoining
188along a boundary. For purposes of this section, properties that
189would be contiguous if not separated by a roadway, railroad, or
190other public easement are considered contiguous.
191 (b) "Farm operation" has the same meaning as defined in s.
193 (c) "Sustainable agricultural land" means land classified
194as agricultural land pursuant to s. 193.461 which is used for a
195farm operation that uses current technology, based on science or
196research and demonstrated measurable increases in productivity,
197to meet future food, feed, fiber, and energy needs, while
198considering the environmental impacts and the social and
199economic benefits to the rural communities.
200 (4)(a) Before a political subdivision issues a local land
201use permit, building permit, or certificate of occupancy for
202nonagricultural land contiguous to sustainable agricultural
203land, the political subdivision shall require that, as a
204condition of issuing the permit or certificate, the applicant
205for the permit or certificate sign and submit to the political
206subdivision, in a format that is recordable in the official
207records of the county in which the political subdivision is
208located, a written acknowledgement of contiguous sustainable
209agricultural land in the following form:
213I, ...(name of applicant)..., understand that my property
214located at ...(address of nonagricultural land)..., as
215further described in the attached legal description, is
216contiguous to sustainable agricultural land located at
217...(address of agricultural land)..., as further described
218in the attached legal description.
219 I acknowledge and understand that the farm operation
220on the contiguous sustainable agricultural land identified
221herein will be conducted according to generally accepted
222agricultural practices as provided in the Florida Right to
223Farm Act, s. 823.14, Florida Statutes.
224Signature: ...(signature of applicant)....
225Date: ...(date)....
227 (b) An acknowledgement submitted to a political
228subdivision under paragraph (a) shall be recorded in the
229official records of the county in which the political
230subdivision is located.
231 (c) The Department of Agriculture and Consumer Services,
232in cooperation with the Department of Revenue, may adopt rules
233to administer this section.
234 Section 3. Subsection (1) of section 205.064, Florida
235Statutes, is amended to read:
236 205.064 Farm, aquacultural, grove, horticultural,
237floricultural, tropical piscicultural, and tropical fish farm
238products; certain exemptions.-
239 (1) A local business tax receipt is not required of any
240natural person for the privilege of engaging in the selling of
241farm, aquacultural, grove, horticultural, floricultural,
242tropical piscicultural, or tropical fish farm products, or
243products manufactured therefrom, except intoxicating liquors,
244wine, or beer, when such products were grown or produced by such
245natural person in the state.
246 Section 4. Subsection (20) of section 322.01, Florida
247Statutes, 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
251agricultural or horticultural pursuits and that is operated on
252the roads of this state only incidentally for transportation
253between the owner's or operator's headquarters and the farm,
254grove, or orchard or between one farm, grove, or orchard and
255another; or
256 (b) Designed and used primarily as a farm implement for
257drawing plows, mowing machines, and other implements of
259 Section 5. Subsection (1) of section 604.15, Florida
260Statutes, is amended to read:
261 604.15 Dealers in agricultural products; definitions.-For
262the purpose of ss. 604.15-604.34, the following words and terms,
263when used, shall be construed to mean:
264 (1) "Agricultural products" means the natural products of
265the farm, nursery, grove, orchard, vineyard, garden, and apiary
266(raw or manufactured); sod; tropical foliage; horticulture; hay;
267livestock; milk and milk products; poultry and poultry products;
268the fruit of the saw palmetto (meaning the fruit of the Serenoa
269repens); limes (meaning the fruit Citrus aurantifolia, variety
270Persian, Tahiti, Bearss, or Florida Key limes); and any other
271nonexempt agricultural products produced in the state, except
272tobacco, sugarcane, tropical foliage, timber and timber
273byproducts, forest products as defined in s. 591.17, and citrus
274other than limes.
275 Section 6. Section 604.50, Florida Statutes, is amended to
277 604.50 Nonresidential farm buildings and farm fences.-
278 (1) Notwithstanding any other law to the contrary, any
279nonresidential farm building or farm fence is exempt from the
280Florida Building Code and any county or municipal building code
281or fee, except for code provisions implementing local, state, or
282federal floodplain management regulations.
283 (2) As used in For purposes of this section, the term:
284 (a) "Nonresidential farm building" means any temporary or
285permanent building or support structure that is classified as a
286nonresidential farm building on a farm under s. 553.73(9)(c) or
287that is used primarily for agricultural purposes, is located on
288a farm that is not used as a residential dwelling, and is
289located on land that is an integral part of a farm operation or
290is classified as agricultural land under s. 193.461, and is not
291intended to be used as a residential dwelling. The term may
292include, but is not limited to, a barn, greenhouse, shade house,
293farm office, storage building, or poultry house.
294 (b) The term "Farm" has the same meaning is as provided
295defined in s. 823.14.
296 Section 7. Subsection (7) is added to section 624.4095,
297Florida Statutes, to read:
298 624.4095 Premiums written; restrictions.-
299 (7) For purposes of ss. 624.407 and 624.408 and this
300section, with regard to capital and surplus required, gross
301written premiums for federal multiple-peril crop insurance that
302is ceded to the Federal Crop Insurance Corporation and
303authorized reinsurers shall not be included when calculating the
304insurer's gross writing ratio. The liabilities for ceded
305reinsurance premiums payable for federal multiple-peril crop
306insurance ceded to the Federal Crop Insurance Corporation and
307authorized reinsurers shall be netted against the asset for
308amounts recoverable from reinsurers. Each insurer that writes
309other insurance products together with federal multiple-peril
310crop insurance shall disclose in the notes to the annual and
311quarterly financial statement, or file a supplement to the
312financial statement that discloses, a breakout of the gross
313written premiums for federal multiple-peril crop insurance.
314 Section 8. Section 823.145, Florida Statutes, is amended
315to read:
316 823.145 Disposal by open burning of certain materials
317mulch plastic used in agricultural operations.-Polyethylene
318agricultural mulch plastic; damaged, nonsalvageable, untreated
319wood pallets; and packing material that cannot be feasibly
320recycled, which are used in connection with agricultural
321operations related to the growing, harvesting, or maintenance of
322crops, may be disposed of by open burning provided that no
323public nuisance or any condition adversely affecting the
324environment or the public health is created thereby and that
325state or federal national ambient air quality standards are not
327 Section 9. This act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.