Bill Text: FL S1174 | 2011 | Regular Session | Comm Sub
Bill Title: Exemptions to Water Management Requirements
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-04 - Read 2nd time -SJ 837 [S1174 Detail]
Download: Florida-2011-S1174-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 1174 By the Committees on Environmental Preservation and Conservation; and Agriculture; and Senators Siplin and Lynn 592-03430-11 20111174c2 1 A bill to be entitled 2 An act relating to agricultural-related exemptions to 3 water management requirements; amending s. 373.406, 4 F.S.; revising an exemption for agricultural-related 5 activities to include certain impacts to surface 6 waters and wetlands; providing that the exemption 7 applies to certain agricultural lands and certain 8 activities requiring an environmental resource permit 9 and does not apply to specified permitted activities; 10 amending s. 373.407, F.S.; providing exclusive 11 authority to the Department of Agriculture and 12 Consumer Services to determine whether certain 13 activities qualify for an agricultural-related 14 exemption under specified conditions; requiring a 15 specified memorandum of agreement between the 16 department and each water management district; 17 authorizing the department to adopt rules; amending s. 18 403.927, F.S.; providing an exemption from mitigation 19 requirements for converted agricultural lands under 20 certain conditions; revising the definition of the 21 term “agricultural activities” to include cultivating, 22 fallowing, and leveling and to provide for certain 23 impacts to surface waters and wetlands; providing an 24 effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Subsection (2) of section 373.406, Florida 29 Statutes, is amended to read: 30 373.406 Exemptions.—The following exemptions shall apply: 31 (2) Notwithstanding s. 403.927, nothing herein, or in any 32 rule, regulation, or order adopted pursuant hereto, shall be 33 construed to affect the right of any person engaged in the 34 occupation of agriculture, silviculture, floriculture, or 35 horticulture to alter the topography of any tract of land, 36 including, but not limited to, activities that may impede or 37 divert the flow of surface waters or adversely impact wetlands, 38 for purposes consistent with the practice of such occupation. 39 However, such alteration or activity may not be for the sole or 40 predominant purpose of impedingimpoundingor diverting the flow 41 ofobstructingsurface waters or adversely impacting wetlands. 42 This exemption applies to lands classified as agricultural 43 pursuant to s. 193.461 and to activities requiring an 44 environmental resource permit pursuant to this part. This 45 exemption does not apply to any activities previously authorized 46 by an environmental resource permit, a permit for the management 47 and storage of surface waters issued pursuant to this part, or a 48 dredge and fill permit issued pursuant to chapter 403. 49 Section 2. Section 373.407, Florida Statutes, is amended to 50 read: 51 373.407 Determination of qualificationMemorandum of52agreementfor an agricultural-related exemption.—In the event of 53 a dispute as to the applicability of an exemption,No later than54July 1, 2007, the Department of Agriculture and Consumer55Services and each water management district shall enter into a56memorandum of agreement under which the Department of57Agriculture and Consumer Services shall assist in a58determination bya water management district or landowner mayas59to whether an existing or proposed activity qualifies for the60exemption in s.373.406(2). The memorandum of agreement shall61provide a process by which, upon therequestof a water62management district,the Department of Agriculture and Consumer 63 Services to make a binding determinationshall conduct a64nonbinding reviewas to whether an existing or proposed activity 65 qualifies for an agricultural-related exemption underins. 66 373.406(2). The Department of Agriculture and Consumer Services 67 and each water management district shall enter into a memorandum 68 of agreement or amend an existing memorandum of agreement which 69 sets forthshall provideprocesses and procedures by which the 70 Department of Agriculture and Consumer Services shall undertake 71 itsthisreview, make a determination effectively and 72 efficiently, and provide notice of its determination to the 73 applicable water management district or landowner. The 74 Department of Agriculture and Consumer Services has exclusive 75 authority to make the determination under this section and may 76 adopt rules to implement this section and s. 373.406(2)issue a77recommendation. 78 Section 3. Subsection (3) and paragraph (a) of subsection 79 (4) of section 403.927, Florida Statutes, are amended to read: 80 403.927 Use of water in farming and forestry activities.— 81 (3) If land served by a water management system is 82 converted to a use other than an agricultural use, the water 83 management system, or the portion of the system which serves 84 that land, will be subject to the provisions of this chapter. 85 However, mitigation under chapter 373 or this chapter to offset 86 any adverse effects caused by agricultural activities that 87 occurred before the conversion of the land is not required if 88 the activities occurred on the land in the last 4 years 89 preceding the conversion. 90 (4) As used in this section, the term: 91 (a) “Agricultural activities” includes all necessary 92 farming and forestry operations which are normal and customary 93 for the area, such as site preparation, clearing, fencing, 94 contouring to prevent soil erosion, soil preparation, plowing, 95 planting, cultivating, harvesting, fallowing, leveling, 96 construction of access roads, and placement of bridges and 97 culverts, provided such operations are not for the sole or 98 predominant purpose of impedingdo not impedeor diverting 99divertthe flow of surface waters or adversely impacting 100 wetlands. 101 Section 4. This act shall take effect July 1, 2011.