Bill Text: FL S1174 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2011 SB 1174 By Senator Siplin 19-00664-11 20111174__ 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 for retroactive 7 application of the exemption; amending s. 373.407, 8 F.S.; providing exclusive authority to the Department 9 of Agriculture and Consumer Services to determine 10 whether certain activities qualify for an 11 agricultural-related exemption under specified 12 conditions; requiring a specified memorandum of 13 agreement between the department and each water 14 management district; authorizing the department to 15 adopt rules; amending s. 403.927, F.S.; providing an 16 exemption from mitigation requirements for converted 17 agricultural lands under certain conditions; revising 18 the definition of the term “agricultural activities” 19 to include cultivating, fallowing, and leveling and to 20 provide for certain impacts to surface waters and 21 wetlands; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsection (2) of section 373.406, Florida 26 Statutes, is amended to read: 27 373.406 Exemptions.—The following exemptions shall apply: 28 (2) Notwithstanding s. 403.927, nothing herein, or in any 29 rule, regulation, or order adopted pursuant hereto, shall be 30 construed to affect the right of any person engaged in the 31 occupation of agriculture, silviculture, floriculture, or 32 horticulture to alter the topography of any tract of land, 33 including, but not limited to, activities that may impede or 34 divert the flow of surface waters or adversely impact wetlands, 35 for purposes consistent with the practice of such occupation. 36 However, such alteration or activity may not be for the sole or 37 predominant purpose of impedingimpoundingor diverting the flow 38 ofobstructingsurface waters or adversely impacting wetlands. 39 This exemption has retroactive application to July 1, 1984. 40 Section 2. Section 373.407, Florida Statutes, is amended to 41 read: 42 373.407 Determination of qualificationMemorandum of43agreementfor an agricultural-related exemption.—In the event of 44 a dispute as to the applicability of an exemption,No later than45July 1, 2007, the Department of Agriculture and Consumer46Services and each water management district shall enter into a47memorandum of agreement under which the Department of48Agriculture and Consumer Services shall assist in a49determination bya water management district or landowner mayas50to whether an existing or proposed activity qualifies for the51exemption in s.373.406(2). The memorandum of agreement shall52provide a process by which, upon therequestof a water53management district,the Department of Agriculture and Consumer 54 Services to make a binding determinationshall conduct a55nonbinding reviewas to whether an existing or proposed activity 56 qualifies for an agricultural-related exemption underins. 57 373.406(2). The Department of Agriculture and Consumer Services 58 and each water management district shall enter into a memorandum 59 of agreement or amend an existing memorandum of agreement which 60 sets forthshall provideprocesses and procedures by which the 61 Department of Agriculture and Consumer Services shall undertake 62 itsthisreview, make a determination effectively and 63 efficiently, and provide notice of its determination to the 64 applicable water management district or landowner. The 65 Department of Agriculture and Consumer Services has exclusive 66 authority to make the determination under this section and may 67 adopt rules to implement this section and s. 373.406(2)issue a68recommendation. 69 Section 3. Subsection (3) and paragraph (a) of subsection 70 (4) of section 403.927, Florida Statutes, are amended to read: 71 403.927 Use of water in farming and forestry activities.— 72 (3) If land served by a water management system is 73 converted to a use other than an agricultural use, the water 74 management system, or the portion of the system which serves 75 that land, will be subject to the provisions of this chapter. 76 However, mitigation under chapter 373 or this chapter to offset 77 any adverse effects caused by agricultural activities that 78 occurred before the conversion of the land is not required if 79 the activities occurred on the land in at least 4 of the last 7 80 years preceding the conversion. 81 (4) As used in this section, the term: 82 (a) “Agricultural activities” includes all necessary 83 farming and forestry operations which are normal and customary 84 for the area, such as site preparation, clearing, fencing, 85 contouring to prevent soil erosion, soil preparation, plowing, 86 planting, cultivating, harvesting, fallowing, leveling, 87 construction of access roads, and placement of bridges and 88 culverts, provided such operations are not for the sole or 89 predominant purpose of impedingdo not impedeor diverting 90divertthe flow of surface waters or adversely impacting 91 wetlands. 92 Section 4. This act shall take effect July 1, 2011.