Bill Text: FL S1174 | 2011 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2011 CS for SB 1174 By the Committee on Agriculture; and Senators Siplin and Lynn 575-02800-11 20111174c1 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 does not 8 apply to specified permitted activities; amending s. 9 373.407, F.S.; providing exclusive authority to the 10 Department of Agriculture and Consumer Services to 11 determine whether certain activities qualify for an 12 agricultural-related exemption under specified 13 conditions; requiring a specified memorandum of 14 agreement between the department and each water 15 management district; authorizing the department to 16 adopt rules; amending s. 403.927, F.S.; providing an 17 exemption from mitigation requirements for converted 18 agricultural lands under certain conditions; revising 19 the definition of the term “agricultural activities” 20 to include cultivating, fallowing, and leveling and to 21 provide for certain impacts to surface waters and 22 wetlands; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsection (2) of section 373.406, Florida 27 Statutes, is amended to read: 28 373.406 Exemptions.—The following exemptions shall apply: 29 (2) Notwithstanding s. 403.927, nothing herein, or in any 30 rule, regulation, or order adopted pursuant hereto, shall be 31 construed to affect the right of any person engaged in the 32 occupation of agriculture, silviculture, floriculture, or 33 horticulture to alter the topography of any tract of land, 34 including, but not limited to, activities that may impede or 35 divert the flow of surface waters or adversely impact wetlands, 36 for purposes consistent with the practice of such occupation. 37 However, such alteration or activity may not be for the sole or 38 predominant purpose of impedingimpoundingor diverting the flow 39 ofobstructingsurface waters or adversely impacting wetlands. 40 This exemption is applicable only on lands classified as 41 agricultural pursuant to s. 193.461 and to activities regulated 42 pursuant to this part. This exemption does not apply to any 43 activities previously authorized by an environmental resource 44 permit, a permit for the management and storage of surface 45 waters issued pursuant to this part, or a dredge and fill permit 46 issued pursuant to chapter 403. 47 Section 2. Section 373.407, Florida Statutes, is amended to 48 read: 49 373.407 Determination of qualificationMemorandum of50agreementfor an agricultural-related exemption.—In the event of 51 a dispute as to the applicability of an exemption,No later than52July 1, 2007, the Department of Agriculture and Consumer53Services and each water management district shall enter into a54memorandum of agreement under which the Department of55Agriculture and Consumer Services shall assist in a56determination bya water management district or landowner mayas57to whether an existing or proposed activity qualifies for the58exemption in s.373.406(2). The memorandum of agreement shall59provide a process by which, upon therequestof a water60management district,the Department of Agriculture and Consumer 61 Services to make a binding determinationshall conduct a62nonbinding reviewas to whether an existing or proposed activity 63 qualifies for an agricultural-related exemption underins. 64 373.406(2). The Department of Agriculture and Consumer Services 65 and each water management district shall enter into a memorandum 66 of agreement or amend an existing memorandum of agreement which 67 sets forthshall provideprocesses and procedures by which the 68 Department of Agriculture and Consumer Services shall undertake 69 itsthisreview, make a determination effectively and 70 efficiently, and provide notice of its determination to the 71 applicable water management district or landowner. The 72 Department of Agriculture and Consumer Services has exclusive 73 authority to make the determination under this section and may 74 adopt rules to implement this section and s. 373.406(2)issue a75recommendation. 76 Section 3. Subsection (3) and paragraph (a) of subsection 77 (4) of section 403.927, Florida Statutes, are amended to read: 78 403.927 Use of water in farming and forestry activities.— 79 (3) If land served by a water management system is 80 converted to a use other than an agricultural use, the water 81 management system, or the portion of the system which serves 82 that land, will be subject to the provisions of this chapter. 83 However, mitigation under chapter 373 or this chapter to offset 84 any adverse effects caused by agricultural activities that 85 occurred before the conversion of the land is not required if 86 the activities occurred on the land in at least 4 of the last 7 87 years preceding the conversion. 88 (4) As used in this section, the term: 89 (a) “Agricultural activities” includes all necessary 90 farming and forestry operations which are normal and customary 91 for the area, such as site preparation, clearing, fencing, 92 contouring to prevent soil erosion, soil preparation, plowing, 93 planting, cultivating, harvesting, fallowing, leveling, 94 construction of access roads, and placement of bridges and 95 culverts, provided such operations are not for the sole or 96 predominant purpose of impedingdo not impedeor diverting 97divertthe flow of surface waters or adversely impacting 98 wetlands. 99 Section 4. This act shall take effect July 1, 2011.