Bill Text: FL S0858 | 2011 | Regular Session | Comm Sub
Bill Title: Agriculture
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0858 Detail]
Download: Florida-2011-S0858-Comm_Sub.html
Florida Senate - 2011 CS for SB 858 By the Committee on Agriculture; and Senator Hays 575-02157-11 2011858c1 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 4 limits on the activity of a bona fide farm operation 5 on agricultural land under certain circumstances; 6 prohibiting a county from charging agricultural lands 7 for stormwater management assessments and fees under 8 certain circumstances; allowing an assessment to be 9 collected if credits against the assessment are 10 provided for implementation of best management 11 practices; providing exemptions from certain 12 restrictions on a county’s powers over the activity on 13 agricultural land; providing a definition; providing 14 for application; creating s. 163.3163, F.S.; creating 15 the “Agricultural Land Acknowledgement Act”; providing 16 legislative findings and intent; providing 17 definitions; requiring an applicant for certain 18 development permits to sign and submit an 19 acknowledgement of certain contiguous agricultural 20 lands as a condition of the political subdivision 21 issuing the permits; specifying information to be 22 included in the acknowledgement; requiring that the 23 acknowledgement be recorded in the official county 24 records; authorizing the Department of Agriculture and 25 Consumer Services to adopt rules; amending s. 205.064, 26 F.S.; authorizing a person selling certain 27 agricultural products who is not a natural person to 28 qualify for an exemption from obtaining a local 29 business tax receipt; amending s. 322.01, F.S.; 30 revising the term “farm tractor” for purposes of 31 driver’s licenses; amending s. 604.15, F.S.; revising 32 the term “agricultural products” to make tropical 33 foliage exempt from regulation under provisions 34 relating to dealers in agricultural products; amending 35 s. 604.50, F.S.; exempting farm fences from the 36 Florida Building Code; revising the term 37 “nonresidential farm building”; exempting 38 nonresidential farm buildings and farm fences from 39 county and municipal codes and fees; specifying that 40 the exemptions do not apply to code provisions 41 implementing certain floodplain regulations; amending 42 s. 624.4095, F.S.; requiring that gross written 43 premiums for certain crop insurance not be included 44 when calculating the insurer’s gross writing ratio; 45 requiring that liabilities for ceded reinsurance 46 premiums be netted against the asset for amounts 47 recoverable from reinsurers; requiring that insurers 48 who write other insurance products disclose a breakout 49 of the gross written premiums for crop insurance; 50 amending s. 823.145, F.S.; expanding the materials 51 used in agricultural operations that may be disposed 52 of by open burning; providing certain limitations on 53 open burning; providing an effective date. 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57 Section 1. Subsection (4) of section 163.3162, Florida 58 Statutes, is amended to read: 59 163.3162 Agricultural Lands and Practices Act.— 60 (4) DUPLICATION OF REGULATION.—Except as otherwise provided 61 in this section and s. 487.051(2), and notwithstanding any other 62 law, including any provision of chapter 125 or this chapter:,63 (a) A county may not exercise any of its powers to adopt or 64 enforce any ordinance, resolution, regulation, rule, or policy 65 to prohibit, restrict, regulate, or otherwise limit an activity 66 of a bona fide farm operation on land classified as agricultural 67 land pursuant to s. 193.461, if such activity is regulated 68 through implemented best management practices, interim measures, 69 or regulations adopted as rules under chapter 120developedby 70 the Department of Environmental Protection, the Department of 71 Agriculture and Consumer Services, or a water management 72 districtand adopted under chapter 120as part of a statewide or 73 regional program; or if such activity is expressly regulated by 74 the United States Department of Agriculture, the United States 75 Army Corps of Engineers, or the United States Environmental 76 Protection Agency. 77 (b) A county may not charge an assessment or fee for 78 stormwater management on a bona fide farm operation on land 79 classified as agricultural land pursuant to s. 193.461, if the 80 farm operation has a National Pollutant Discharge Elimination 81 System permit, environmental resource permit, or works-of-the 82 district permit or implements best management practices adopted 83 as rules under chapter 120 by the Department of Environmental 84 Protection, the Department of Agriculture and Consumer Services, 85 or a water management district as part of a statewide or 86 regional program. 87 (c) For each county that, before March 1, 2009, adopted a 88 stormwater utility ordinance or resolution, adopted an ordinance 89 or resolution establishing a municipal services benefit unit, or 90 adopted a resolution stating the county’s intent to use the 91 uniform method of collection pursuant to s. 197.3632 for such 92 stormwater ordinances, the county may continue to charge an 93 assessment or fee for stormwater management on a bona fide farm 94 operation on land classified as agricultural pursuant to s. 95 193.461 if the ordinance or resolution provides credits against 96 the assessment or fee on a bona fide farm operation for the 97 water quality or flood control benefit of: 98 1. The implementation of best management practices adopted 99 as rules under chapter 120 by the Department of Environmental 100 Protection, the Department of Agriculture and Consumer Services, 101 or a water management district as part of a statewide or 102 regional program; 103 2. The stormwater quality and quantity measures required as 104 part of a National Pollutant Discharge Elimination System 105 permit, environmental resource permit, or works-of-the-district 106 permit; or 107 3. The implementation of best management practices or 108 alternative measures that the landowner demonstrates to the 109 county to be of equivalent or greater stormwater benefit than 110 those provided by implementation of best management practices 111 adopted as rules under chapter 120 by the Department of 112 Environmental Protection, the Department of Agriculture and 113 Consumer Services, or a water management district as part of a 114 statewide or regional program, or stormwater quality and 115 quantity measures required as part of a National Pollutant 116 Discharge Elimination System permit, environmental resource 117 permit, or works-of-the-district permit. 118 (d)(a)When an activity of a farm operation takes place 119 within a wellfield protection area as defined in any wellfield 120 protection ordinance adopted by a county, and the implemented 121 best management practice, regulation, or interim measure does 122 not specifically address wellfield protection, a county may 123 regulate that activity pursuant to such ordinance. This 124 subsection does not limit the powers and duties provided for in 125 s. 373.4592 or limit the powers and duties of any county to 126 address an emergency as provided for in chapter 252. 127 (e)(b)This subsection may not be construed to permit an 128 existing farm operation to change to a more excessive farm 129 operation with regard to traffic, noise, odor, dust, or fumes 130 where the existing farm operation is adjacent to an established 131 homestead or business on March 15, 1982. 132 (f)(c)This subsection does not limit the powers of a 133 predominantly urbanized county with a population greater than 134 1,500,000 and more than 25 municipalities, not operating under a 135 home rule charter adopted pursuant to ss. 10, 11, and 24, Art. 136 VIII of the Constitution of 1885, as preserved by s. 6(e), Art. 137 VIII of the Constitution of 1968, which has a delegated 138 pollution control program under s. 403.182 and includes drainage 139 basins that are part of the Everglades Stormwater Program, to 140 enact ordinances, regulations, or other measures to comply with 141 the provisions of s. 373.4592, or which are necessary to 142 carrying out a county’s duties pursuant to the terms and 143 conditions of any environmental program delegated to the county 144 by agreement with a state agency. 145 (g)(d)For purposes of this subsection, a county ordinance 146 that regulates the transportation or land application of 147 domestic wastewater residuals or other forms of sewage sludge 148 shall not be deemed to be duplication of regulation. 149 (h) This subsection does not limit a county’s powers to: 150 1. Enforce wetlands, springs protection, or stormwater 151 ordinances, regulations, or rules adopted before July 1, 2003. 152 2. Enforce wetlands, springs protection, or stormwater 153 ordinances, regulations, or rules pertaining to the Wekiva River 154 Protection Area. 155 3. Enforce ordinances, regulations, or rules as directed by 156 law or implemented consistent with the requirements of a program 157 operated under a delegation agreement from a state agency or 158 water management district. 159 160 As used in this paragraph, the term “wetlands” has the same 161 meaning as defined in s. 373.019. 162 (i) The provisions of this subsection which limit a 163 county’s authority to adopt or enforce any ordinance, 164 regulation, rule, or policy, or to charge any assessment or fee 165 for stormwater management, apply only to a bona fide farm 166 operation as described in this subsection. 167 (j) This subsection does not apply to a municipal services 168 benefit unit established before March 1, 2009, pursuant to s. 169 125.01(1)(q), predominately for flood control or water supply 170 benefits. 171 Section 2. Section 163.3163, Florida Statutes, is created 172 to read: 173 163.3163 Applications for development permits; disclosure 174 and acknowledgement of contiguous sustainable agricultural 175 land.— 176 (1) This section may be cited as the “Agricultural Land 177 Acknowledgement Act.” 178 (2) The Legislature finds that nonagricultural land that 179 neighbors agricultural land may adversely affect agricultural 180 production and farm operations on the agricultural land and may 181 lead to the agricultural land’s conversion to urban, suburban, 182 or other nonagricultural uses. The Legislature intends to reduce 183 the occurrence of conflicts between agricultural and 184 nonagricultural land uses and encourage sustainable agricultural 185 land use. The purpose of this section is to ensure that 186 generally accepted agricultural practices will not be subject to 187 interference by residential use of land contiguous to 188 sustainable agricultural land. 189 (3) As used in this section, the term: 190 (a) “Contiguous” means touching, bordering, or adjoining 191 along a boundary. For purposes of this section, properties that 192 would be contiguous if not separated by a roadway, railroad, or 193 other public easement are considered contiguous. 194 (b) “Farm operation” has the same meaning as defined in s. 195 823.14. 196 (c) “Sustainable agricultural land” means land classified 197 as agricultural land pursuant to s. 193.461 which is used for a 198 farm operation that uses current technology, based on science or 199 research and demonstrated measurable increases in productivity, 200 to meet future food, feed, fiber, and energy needs, while 201 considering the environmental impacts and the social and 202 economic benefits to the rural communities. 203 (4)(a) Before a political subdivision issues a local land 204 use permit, building permit, or certificate of occupancy for 205 nonagricultural land contiguous to sustainable agricultural 206 land, the political subdivision shall require that, as a 207 condition of issuing the permit or certificate, the applicant 208 for the permit or certificate sign and submit to the political 209 subdivision, in a format that is recordable in the official 210 records of the county in which the political subdivision is 211 located, a written acknowledgement of contiguous sustainable 212 agricultural land in the following form: 213 214 ACKNOWLEDGEMENT OF CONTIGUOUS SUSTAINABLE AGRICULTURAL LAND 215 216 I, ...(name of applicant)..., understand that my property 217 located at ...(address of nonagricultural land)..., as further 218 described in the attached legal description, is contiguous to 219 sustainable agricultural land located at ...(address of 220 agricultural land)..., as further described in the attached 221 legal description. 222 I acknowledge and understand that the farm operation on the 223 contiguous sustainable agricultural land identified herein will 224 be conducted according to generally accepted agricultural 225 practices as provided in the Florida Right to Farm Act, s. 226 823.14, Florida Statutes. 227 Signature: ...(signature of applicant).... 228 Date: ...(date).... 229 230 (b) An acknowledgement submitted to a political subdivision 231 under paragraph (a) shall be recorded in the official records of 232 the county in which the political subdivision is located. 233 (c) The Department of Agriculture and Consumer Services, in 234 cooperation with the Department of Revenue, may adopt rules to 235 administer this section. 236 Section 3. Subsection (1) of section 205.064, Florida 237 Statutes, is amended to read: 238 205.064 Farm, aquacultural, grove, horticultural, 239 floricultural, tropical piscicultural, and tropical fish farm 240 products; certain exemptions.— 241 (1) A local business tax receipt is not required of any 242naturalperson for the privilege of engaging in the selling of 243 farm, aquacultural, grove, horticultural, floricultural, 244 tropical piscicultural, or tropical fish farm products, or 245 products manufactured therefrom, except intoxicating liquors, 246 wine, or beer, when such products were grown or produced by such 247naturalperson in the state. 248 Section 4. Subsection (20) of section 322.01, Florida 249 Statutes, is amended to read: 250 322.01 Definitions.—As used in this chapter: 251 (20) “Farm tractor” means a motor vehicle that is: 252 (a) Operated principally on a farm, grove, or orchard in 253 agricultural or horticultural pursuits and that is operated on 254 the roads of this state only incidentally for transportation 255 between the owner’s or operator’s headquarters and the farm, 256 grove, or orchard or between one farm, grove, or orchard and 257 another; or 258 (b) Designed and used primarily as a farm implement for 259 drawing plows, mowing machines, and other implements of 260 husbandry. 261 Section 5. Subsection (1) of section 604.15, Florida 262 Statutes, is amended to read: 263 604.15 Dealers in agricultural products; definitions.—For 264 the purpose of ss. 604.15-604.34, the following words and terms, 265 when used, shall be construed to mean: 266 (1) “Agricultural products” means the natural products of 267 the farm, nursery, grove, orchard, vineyard, garden, and apiary 268 (raw or manufactured); sod;tropical foliage;horticulture; hay; 269 livestock; milk and milk products; poultry and poultry products; 270 the fruit of the saw palmetto (meaning the fruit of the Serenoa 271 repens); limes (meaning the fruit Citrus aurantifolia, variety 272 Persian, Tahiti, Bearss, or Florida Key limes); and any other 273 nonexempt agricultural products produced in the state, except 274 tobacco, sugarcane, tropical foliage, timber and timber 275 byproducts, forest products as defined in s. 591.17, and citrus 276 other than limes. 277 Section 6. Section 604.50, Florida Statutes, is amended to 278 read: 279 604.50 Nonresidential farm buildings and farm fences.— 280 (1) Notwithstanding any other law to the contrary, any 281 nonresidential farm building or farm fence is exempt from the 282 Florida Building Code and any county or municipalbuildingcode 283 or fee, except for code provisions implementing local, state, or 284 federal floodplain management regulations. 285 (2) As used inFor purposes ofthis section, the term: 286 (a) “Nonresidential farm building” means any temporary or 287 permanent building or support structure that is classified as a 288 nonresidential farm building on a farm under s. 553.73(9)(c) or 289 that is used primarily for agricultural purposes,is located on290a farm that is not used as a residential dwelling, andis 291 located on land that is an integral part of a farm operation or 292 is classified as agricultural land under s. 193.461, and is not 293 intended to be used as a residential dwelling. The term may 294 include, but is not limited to, a barn, greenhouse, shade house, 295 farm office, storage building, or poultry house. 296 (b)The term“Farm” has the same meaningisas provided 297definedin s. 823.14. 298 Section 7. Subsection (7) is added to section 624.4095, 299 Florida Statutes, to read: 300 624.4095 Premiums written; restrictions.— 301 (7) For purposes of ss. 624.407 and 624.408 and this 302 section, with regard to capital and surplus required, gross 303 written premiums for federal multiple-peril crop insurance that 304 is ceded to the Federal Crop Insurance Corporation and 305 authorized reinsurers shall not be included when calculating the 306 insurer’s gross writing ratio. The liabilities for ceded 307 reinsurance premiums payable for federal multiple-peril crop 308 insurance ceded to the Federal Crop Insurance Corporation and 309 authorized reinsurers shall be netted against the asset for 310 amounts recoverable from reinsurers. Each insurer that writes 311 other insurance products together with federal multiple-peril 312 crop insurance shall disclose in the notes to the annual and 313 quarterly financial statement, or file a supplement to the 314 financial statement that discloses, a breakout of the gross 315 written premiums for federal multiple-peril crop insurance. 316 Section 8. Section 823.145, Florida Statutes, is amended to 317 read: 318 823.145 Disposal by open burning of certain materialsmulch319plasticused in agricultural operations.—Polyethylene 320 agriculturalmulchplastic; damaged, nonsalvageable, untreated 321 wood pallets; and packing material that cannot be feasibly 322 recycled, which are used in connection with agricultural 323 operations related to the growing, harvesting, or maintenance of 324 crops, may be disposed of by open burning provided that no 325 public nuisance or any condition adversely affecting the 326 environment or the public health is created thereby and that 327 state or federal national ambient air quality standards are not 328 violated. 329 Section 9. This act shall take effect July 1, 2011.