Bill Text: FL S1590 | 2013 | Regular Session | Introduced
Bill Title: Management and Storage of Surface Waters
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-05-03 - Died in Environmental Preservation and Conservation [S1590 Detail]
Download: Florida-2013-S1590-Introduced.html
Florida Senate - 2013 SB 1590 By Senator Evers 2-00940-13 20131590__ 1 A bill to be entitled 2 An act relating to management and storage of surface 3 waters; amending s. 373.406, F.S.; expanding an 4 exemption to include activities that require a permit 5 issued by a local government which is similar to an 6 environmental resource permit; amending s. 373.407, 7 F.S.; authorizing a local government to request the 8 Department of Agriculture and Consumer Services to 9 make a binding determination as to whether an existing 10 or proposed activity qualifies for an agricultural 11 related exemption; requiring a local government to 12 comply with the memorandum of agreement between the 13 department and the water management district having 14 jurisdiction; requiring a local government to provide 15 certain information to the department; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (2) of section 373.406, Florida 21 Statutes, is amended to read: 22 373.406 Exemptions.—The following exemptions shall apply: 23 (2) Notwithstanding s. 403.927, nothing herein, or in any 24 rule, regulation, or order adopted pursuant hereto, shall be 25 construed to affect the right of any person engaged in the 26 occupation of agriculture, silviculture, floriculture, or 27 horticulture to alter the topography of any tract of land, 28 including, but not limited to, activities that may impede or 29 divert the flow of surface waters or adversely impact wetlands, 30 for purposes consistent with the normal and customary practice 31 of such occupation in the area. However, such alteration or 32 activity may not be for the sole or predominant purpose of 33 impeding or diverting the flow of surface waters or adversely 34 impacting wetlands. This exemption applies to lands classified 35 as agricultural pursuant to s. 193.461 and to activities 36 requiring an environmental resource permit pursuant to this part 37 or any similar permit issued by a local government. This 38 exemption does not apply to any activities previously authorized 39 by an environmental resource permit or a management and storage 40 of surface water permit issued pursuant to this part or a dredge 41 and fill permit issued pursuant to chapter 403. This exemption 42 has retroactive application to July 1, 1984. 43 Section 2. Section 373.407, Florida Statutes, is amended to 44 read: 45 373.407 Determination of qualification for an agricultural 46 related exemption.—In the event of a dispute as to the 47 applicability of an exemption, a water management district, 48 local government, or landowner may request the Department of 49 Agriculture and Consumer Services to make a binding 50 determination as to whether an existing or proposed activity 51 qualifies for an agricultural-related exemption under s. 52 373.406(2). The Department of Agriculture and Consumer Services 53 and each water management district shall enter into a memorandum 54 of agreement or amend an existing memorandum of agreement which 55 sets forth processes and procedures by which the Department of 56 Agriculture and Consumer Services shall undertake its review, 57 make a determination effectively and efficiently, and provide 58 notice of its determination to the applicable water management 59 district, local government, or landowner. A local government 60 must comply with the memorandum of agreement entered into by the 61 water management district having jurisdiction and, upon 62 receiving notice of a determination from the Department of 63 Agriculture and Consumer Services, must provide to the 64 department the contact information of all affected persons to 65 whom notice must also be given. The Department of Agriculture 66 and Consumer Services has exclusive authority to make the 67 determination under this section and may adopt rules to 68 implement this section and s. 373.406(2). 69 Section 3. This act shall take effect July 1, 2013.