Bill Text: FL S1184 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Agriculture and Consumer Services

Spectrum: Moderate Partisan Bill (? 4-1)

Status: (Failed) 2012-03-09 - Died in Budget, companion bill(s) passed, see CS/CS/CS/HB 599 (Ch. [S1184 Detail]

Download: Florida-2012-S1184-Introduced.html
       Florida Senate - 2012                                    SB 1184
       
       
       
       By Senator Norman
       
       
       
       
       12-00162-12                                           20121184__
    1                        A bill to be entitled                      
    2         An act relating to agriculture; amending s. 163.3162,
    3         F.S.; defining the term “governmental entity”;
    4         prohibiting certain governmental entities from
    5         charging stormwater management assessments or fees on
    6         certain bona fide farm operations except under certain
    7         circumstances; providing for applicability; amending
    8         s. 206.41, F.S.; revising the definition of the term
    9         “agricultural and aquacultural purposes” for purposes
   10         of the required refund of state taxes imposed on motor
   11         fuel used for such purposes; amending s. 316.515,
   12         F.S.; revising the Florida Uniform Traffic Control Law
   13         to authorize the use of citrus harvesting equipment
   14         and citrus fruit loaders to transport certain
   15         agricultural products and to authorize the use of
   16         certain motor vehicles to transport citrus; amending
   17         s. 570.07, F.S.; revising the powers and duties of the
   18         Department of Agricultural and Consumer Services to
   19         enforce laws and rules relating to the use of
   20         commercial stock feeds; amending s. 580.036, F.S.;
   21         authorizing the department to adopt rules establishing
   22         certain standards for regulating commercial feed or
   23         feedstuff; requiring the department to consult with
   24         the Commercial Feed Technical Council in the
   25         development of such rules; creating s. 810.127, F.S.;
   26         defining terms; prohibiting the knowing entry upon and
   27         unauthorized recording of sounds or images of a farm
   28         or farm operation; providing for applicability;
   29         providing a penalty; providing effective dates.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (d) is added to subsection (2) of
   34  section 163.3162, Florida Statutes, and paragraphs (b), (c), and
   35  (i) of subsection (3) of that section are amended to read:
   36         163.3162 Agricultural Lands and Practices.—
   37         (2) DEFINITIONS.—As used in this section, the term:
   38         (d) “Governmental entity” has the same meaning as provided
   39  in s. 164.1031.
   40         (3) DUPLICATION OF REGULATION.—Except as otherwise provided
   41  in this section and s. 487.051(2), and notwithstanding any other
   42  law, including any provision of chapter 125 or this chapter:
   43         (b) A governmental entity county may not charge an
   44  assessment or fee for stormwater management on a bona fide farm
   45  operation on land classified as agricultural land pursuant to s.
   46  193.461, if the farm operation has a National Pollutant
   47  Discharge Elimination System permit, environmental resource
   48  permit, or works-of-the-district permit or implements best
   49  management practices adopted as rules under chapter 120 by the
   50  Department of Environmental Protection, the Department of
   51  Agriculture and Consumer Services, or a water management
   52  district as part of a statewide or regional program.
   53         (c) For each governmental entity county that, before March
   54  1, 2009, adopted a stormwater utility ordinance or resolution,
   55  adopted an ordinance or resolution establishing a municipal
   56  services benefit unit, or adopted a resolution stating the
   57  governmental entity’s county’s intent to use the uniform method
   58  of collection pursuant to s. 197.3632 for such stormwater
   59  ordinances, the governmental entity county may continue to
   60  charge an assessment or fee for stormwater management on a bona
   61  fide farm operation on land classified as agricultural pursuant
   62  to s. 193.461, if the ordinance or resolution provides credits
   63  against the assessment or fee on a bona fide farm operation for
   64  the water quality or flood control benefit of:
   65         1. The implementation of best management practices adopted
   66  as rules under chapter 120 by the Department of Environmental
   67  Protection, the Department of Agriculture and Consumer Services,
   68  or a water management district as part of a statewide or
   69  regional program;
   70         2. The stormwater quality and quantity measures required as
   71  part of a National Pollutant Discharge Elimination System
   72  permit, environmental resource permit, or works-of-the-district
   73  permit; or
   74         3. The implementation of best management practices or
   75  alternative measures which the landowner demonstrates to the
   76  governmental entity county to be of equivalent or greater
   77  stormwater benefit than those provided by implementation of best
   78  management practices adopted as rules under chapter 120 by the
   79  Department of Environmental Protection, the Department of
   80  Agriculture and Consumer Services, or a water management
   81  district as part of a statewide or regional program, or
   82  stormwater quality and quantity measures required as part of a
   83  National Pollutant Discharge Elimination System permit,
   84  environmental resource permit, or works-of-the-district permit.
   85         (i) The provisions of this subsection that limit a
   86  governmental entity’s county’s authority to adopt or enforce any
   87  ordinance, regulation, rule, or policy, or to charge any
   88  assessment or fee for stormwater management, apply only to a
   89  bona fide farm operation as described in this subsection.
   90         Section 2. Paragraph (c) of subsection (4) of section
   91  206.41, Florida Statutes, is amended to read:
   92         206.41 State taxes imposed on motor fuel.—
   93         (4)
   94         (c)1. Any person who uses any motor fuel for agricultural,
   95  aquacultural, commercial fishing, or commercial aviation
   96  purposes on which fuel the tax imposed by paragraph (1)(e),
   97  paragraph (1)(f), or paragraph (1)(g) has been paid is entitled
   98  to a refund of such tax.
   99         2. For the purposes of this paragraph, “agricultural and
  100  aquacultural purposes” means motor fuel used in any tractor,
  101  vehicle, or other farm equipment which is used exclusively on a
  102  farm or for processing farm products on the farm, and no part of
  103  which fuel is used in any vehicle or equipment driven or
  104  operated upon the public highways of this state. This
  105  restriction does not apply to the movement of a farm vehicle, or
  106  farm equipment, citrus harvesting equipment, or citrus fruit
  107  loaders between farms. The transporting of bees by water and the
  108  operating of equipment used in the apiary of a beekeeper shall
  109  be also deemed an agricultural purpose.
  110         3. For the purposes of this paragraph, “commercial fishing
  111  and aquacultural purposes” means motor fuel used in the
  112  operation of boats, vessels, or equipment used exclusively for
  113  the taking of fish, crayfish, oysters, shrimp, or sponges from
  114  salt or fresh waters under the jurisdiction of the state for
  115  resale to the public, and no part of which fuel is used in any
  116  vehicle or equipment driven or operated upon the highways of
  117  this state; however, the term may in no way be construed to
  118  include fuel used for sport or pleasure fishing.
  119         4. For the purposes of this paragraph, “commercial aviation
  120  purposes” means motor fuel used in the operation of aviation
  121  ground support vehicles or equipment, no part of which fuel is
  122  used in any vehicle or equipment driven or operated upon the
  123  public highways of this state.
  124         Section 3. Paragraph (a) of subsection (5) of section
  125  316.515, Florida Statutes, is amended to read:
  126         316.515 Maximum width, height, length.—
  127         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
  128  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
  129         (a) Notwithstanding any other provisions of law, straight
  130  trucks, agricultural tractors, citrus harvesting equipment,
  131  citrus fruit loaders, and cotton module movers, not exceeding 50
  132  feet in length, or any combination of up to and including three
  133  implements of husbandry, including the towing power unit, and
  134  any single agricultural trailer with a load thereon or any
  135  agricultural implements attached to a towing power unit, or a
  136  self-propelled agricultural implement or an agricultural
  137  tractor, is authorized for the purpose of transporting peanuts,
  138  grains, soybeans, citrus, cotton, hay, straw, or other
  139  perishable farm products from their point of production to the
  140  first point of change of custody or of long-term storage, and
  141  for the purpose of returning to such point of production, or for
  142  the purpose of moving such tractors, movers, and implements from
  143  one point of agricultural production to another, by a person
  144  engaged in the production of any such product or custom hauler,
  145  if such vehicle or combination of vehicles otherwise complies
  146  with this section. The Department of Transportation may issue
  147  overlength permits for cotton module movers greater than 50 feet
  148  but not more than 55 feet in overall length. Such vehicles shall
  149  be operated in accordance with all safety requirements
  150  prescribed by law and rules of the Department of Transportation.
  151         Section 4. Paragraph (c) of subsection (16) of section
  152  570.07, Florida Statutes, is amended to read:
  153         570.07 Department of Agriculture and Consumer Services;
  154  functions, powers, and duties.—The department shall have and
  155  exercise the following functions, powers, and duties:
  156         (16) To enforce the state laws and rules relating to:
  157         (c) Registration, labeling, inspection, sale, use,
  158  composition, formulation, wholesale and retail distribution, and
  159  analysis of commercial stock feeds and registration, labeling,
  160  inspection, and analysis of commercial fertilizers;
  161  
  162  In order to ensure uniform health and safety standards, the
  163  adoption of standards and fines in the subject areas of
  164  paragraphs (a)-(n) is expressly preempted to the state and the
  165  department. Any local government enforcing the subject areas of
  166  paragraphs (a)-(n) must use the standards and fines set forth in
  167  the pertinent statutes or any rules adopted by the department
  168  pursuant to those statutes.
  169         Section 5. Paragraph (g) is added to subsection (2) of
  170  section 580.036, Florida Statutes, to read:
  171         580.036 Powers and duties.—
  172         (2) The department is authorized to adopt rules pursuant to
  173  ss. 120.536(1) and 120.54 to enforce the provisions of this
  174  chapter. These rules shall be consistent with the rules and
  175  standards of the United States Food and Drug Administration and
  176  the United States Department of Agriculture, when applicable,
  177  and shall include:
  178         (g) Establishing standards for the sale, use, and
  179  distribution of commercial feed or feedstuff to ensure usage
  180  that is consistent with animal health, safety, and welfare and,
  181  to the extent that meat, poultry, and other animal products may
  182  be affected by commercial feed or feedstuff, with the safety of
  183  these products for human consumption. Such standards, if
  184  adopted, must be developed in consultation with the Commercial
  185  Feed Technical Council created under s. 580.151.
  186         Section 6. Effective October 1, 2012, section 810.127,
  187  Florida Statutes, is created to read:
  188         810.127 Unauthorized entry and use of recording device on
  189  farm; penalties.—
  190         (1) As used in this section, the term:
  191         (a) “Audio or video recording function” means the
  192  capability of a camera, an audio or video recorder, or any other
  193  device to record, store, transfer, broadcast, or transmit sound
  194  or images by means of any technology now known or later
  195  developed, regardless of the recording media or format,
  196  including, but not limited to, photographs or film; magnetic
  197  storage, including audio cassette tapes, videocassette tapes,
  198  hard disk drives, and floppy disk drives; flash memory,
  199  including memory cards, flash drives, and solid state drives;
  200  optical disc storage media, including compact discs, digital
  201  versatile discs, and blu-ray discs; streaming media; and any
  202  other electrical, magnetic, optical, or form of data storage.
  203         (b) “Farm” has the same meaning as provided in s. 823.14.
  204  For purposes of this section, the term also includes any other
  205  land upon which a legal farm operation is being conducted and
  206  upon which farm products are being produced.
  207         (c) “Farm operation” has the same meaning as provided in s.
  208  823.14.
  209         (d) “Farm product” has the same meaning as provided in s.
  210  823.14.
  211         (2) A person may not knowingly enter upon any nonpublic
  212  area of a farm and, without the prior written consent of the
  213  farm’s owner or the owner’s authorized representative, operate
  214  the audio or video recording function of any device with the
  215  intent of recording sound or images of the farm or farm
  216  operation.
  217         (3) This section does not apply to:
  218         (a) An employee or agent of the Department of Agriculture
  219  and Consumer Services acting under s. 570.15.
  220         (b) An employee or agent of the Department of Business and
  221  Professional Regulation acting under chapter 450.
  222         (c) A law enforcement officer conducting a lawful
  223  inspection or investigation.
  224         (d) Any other government employee conducting official
  225  regulatory business.
  226         (e) An engineer or his or her agent or employee acting
  227  under s. 471.027.
  228         (f) A land surveyor and mapper or his or her subordinate,
  229  agent, or employee, as necessary for conducting any activity
  230  under chapter 472.
  231         (g) A person acting on behalf of an insurer for inspection,
  232  underwriting, or claims purposes.
  233         (4) A person who violates this section commits a
  234  misdemeanor of the first degree, punishable as provided in s.
  235  775.082 or s. 775.083.
  236         Section 7. Except as otherwise expressly provided in this
  237  act, this act shall take effect July 1, 2012.

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