Bill Text: FL S2074 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Agriculture [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2010-04-27 - Read 3rd time -SJ 00885; Substituted CS/HB 7103 (Vetoed by Governor) -SJ 00885; Laid on Table -SJ 00885 [S2074 Detail]

Download: Florida-2010-S2074-Introduced.html

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       Florida Senate - 2010                                    SB 2074 
        
       By Senator Peaden 
       2-01545A-10                                           20102074__ 
    1                        A bill to be entitled                       
    2         An act relating to agriculture; amending s. 163.3162, 
    3         F.S.; prohibiting a county from enforcing certain 
    4         limits on the activity of a bona fide farm operation 
    5         on agricultural land under certain circumstances; 
    6         prohibiting a county from charging agricultural lands 
    7         for stormwater management assessments and fees under 
    8         certain circumstances; allowing an assessment to be 
    9         collected if credits against the assessment are 
   10         provided for implementation of best management 
   11         practices; providing exemptions from certain 
   12         restrictions on a county’s powers over the activity on 
   13         agricultural land; providing a definition; providing 
   14         for application; creating s. 163.3163, F.S.; creating 
   15         the “Agricultural Land Acknowledgement Act”; providing 
   16         legislative findings and intent; providing 
   17         definitions; requiring an applicant for certain 
   18         development permits to sign and submit an 
   19         acknowledgement of certain contiguous agricultural 
   20         lands as a condition of the political subdivision 
   21         issuing the permits; specifying information to be 
   22         included in the acknowledgement; requiring that the 
   23         acknowledgement be recorded in the official county 
   24         records; authorizing the Department of Agriculture and 
   25         Consumer Services to adopt rules; amending s. 205.064, 
   26         F.S.; authorizing a person selling certain 
   27         agricultural products who is not a natural person to 
   28         qualify for an exemption from obtaining a local 
   29         business tax receipt; amending s. 322.01, F.S.; 
   30         revising the term “farm tractor” for purposes of 
   31         drivers’ licenses; amending s. 604.15, F.S.; revising 
   32         the term “agricultural products” to make tropical 
   33         foliage exempt from regulation under provisions 
   34         relating to dealers in agricultural products; amending 
   35         s. 604.50, F.S.; exempting farm fences from the 
   36         Florida Building Code; revising the term 
   37         “nonresidential farm building”; exempting 
   38         nonresidential farm buildings and farm fences from 
   39         county and municipal codes and fees; specifying that 
   40         the exemptions do not apply to code provisions 
   41         implementing certain floodplain regulations; amending 
   42         s. 624.4095, F.S.; requiring that gross written 
   43         premiums for certain crop insurance not be included 
   44         when calculating the insurer’s gross writing ratio; 
   45         requiring that liabilities for ceded reinsurance 
   46         premiums be netted against the asset for amounts 
   47         recoverable from reinsurers; requiring that insurers 
   48         who write other insurance products disclose a breakout 
   49         of the gross written premiums for crop insurance; 
   50         amending s. 823.145, F.S.; expanding the materials 
   51         used in agricultural operations that may be disposed 
   52         of by open burning; providing certain limitations on 
   53         open burning; providing an effective date. 
   54   
   55  Be It Enacted by the Legislature of the State of Florida: 
   56   
   57         Section 1. Subsection (4) of section 163.3162, Florida 
   58  Statutes, is amended to read: 
   59         163.3162 Agricultural Lands and Practices Act.— 
   60         (4) DUPLICATION OF REGULATION.—Except as otherwise provided 
   61  in this section and s. 487.051(2), and notwithstanding any other 
   62  law, including any provision of chapter 125 or this chapter, a 
   63  county may not exercise any of its powers to adopt or enforce 
   64  any ordinance, resolution, regulation, rule, or policy to 
   65  prohibit, restrict, regulate, or otherwise limit an activity of 
   66  a bona fide farm operation on land classified as agricultural 
   67  land pursuant to s. 193.461, if such activity is regulated 
   68  through implemented best management practices, interim measures, 
   69  or regulations adopted as rules under chapter 120 developed by 
   70  the Department of Environmental Protection, the Department of 
   71  Agriculture and Consumer Services, or a water management 
   72  district and adopted under chapter 120 as part of a statewide or 
   73  regional program; or if such activity is expressly regulated by 
   74  the United States Department of Agriculture, the United States 
   75  Army Corps of Engineers, or the United States Environmental 
   76  Protection Agency. A county may not charge an assessment or fee 
   77  for stormwater management on a bona fide farm operation on land 
   78  classified as agricultural land pursuant to s. 193.461, if the 
   79  farm operation has a National Pollutant Discharge Elimination 
   80  System permit, environmental resource permit, or works-of-the 
   81  district permit or implements best management practices adopted 
   82  as rules under chapter 120 by the Department of Environmental 
   83  Protection, the Department of Agriculture and Consumer Services, 
   84  or a water management district as part of a statewide or 
   85  regional program. However, this subsection does not prohibit a 
   86  county from charging an assessment or fee for stormwater 
   87  management on a bona fide farm operation that does not have a 
   88  National Pollutant Discharge Elimination System permit, 
   89  environmental resource permit, or works-of-the-district permit 
   90  or that has not implemented water quality and quantity best 
   91  management practices as described in this subsection. For each 
   92  county that, before March 1, 2009, adopted a stormwater utility 
   93  ordinance or resolution, adopted an ordinance or resolution 
   94  establishing a municipal services benefit unit, or adopted a 
   95  resolution stating the county’s intent to use the uniform method 
   96  of collection pursuant to s. 197.3632 for such stormwater 
   97  ordinances, the county may continue to charge an assessment or 
   98  fee for stormwater management on a bona fide farm operation on 
   99  land classified as agricultural pursuant to s. 193.461 if the 
  100  ordinance or resolution provides credits against the assessment 
  101  or fee on a bona fide farm operation for the implementation of 
  102  best management practices adopted as rules under chapter 120 by 
  103  the Department of Environmental Protection, the Department of 
  104  Agriculture and Consumer Services, or a water management 
  105  district as part of a statewide or regional program, or 
  106  stormwater quality and quantity measures required as part of a 
  107  National Pollutant Discharge Elimination System permit, 
  108  environmental resource permit, or works-of-the-district permit 
  109  or implementation of best management practices or alternative 
  110  measures which the landowner demonstrates to the county to be of 
  111  equivalent or greater stormwater benefit than those provided by 
  112  implementation of best management practices adopted as rules 
  113  under chapter 120 by the Department of Environmental Protection, 
  114  the Department of Agriculture and Consumer Services, or a water 
  115  management district as part of a statewide or regional program, 
  116  or stormwater quality and quantity measures required as part of 
  117  a National Pollutant Discharge Elimination System permit, 
  118  environmental resource permit, or works-of-the-district permit. 
  119         (a) When an activity of a farm operation takes place within 
  120  a wellfield protection area as defined in any wellfield 
  121  protection ordinance adopted by a county, and the implemented 
  122  best management practice, regulation, or interim measure does 
  123  not specifically address wellfield protection, a county may 
  124  regulate that activity pursuant to such ordinance. This 
  125  subsection does not limit the powers and duties provided for in 
  126  s. 373.4592 or limit the powers and duties of any county to 
  127  address an emergency as provided for in chapter 252. 
  128         (b) This subsection may not be construed to permit an 
  129  existing farm operation to change to a more excessive farm 
  130  operation with regard to traffic, noise, odor, dust, or fumes 
  131  where the existing farm operation is adjacent to an established 
  132  homestead or business on March 15, 1982. 
  133         (c) This subsection does not limit the powers of a 
  134  predominantly urbanized county with a population greater than 
  135  1,500,000 and more than 25 municipalities, not operating under a 
  136  home rule charter adopted pursuant to ss. 10, 11, and 24, Art. 
  137  VIII of the Constitution of 1885, as preserved by s. 6(e), Art. 
  138  VIII of the Constitution of 1968, which has a delegated 
  139  pollution control program under s. 403.182 and includes drainage 
  140  basins that are part of the Everglades Stormwater Program, to 
  141  enact ordinances, regulations, or other measures to comply with 
  142  the provisions of s. 373.4592, or which are necessary to 
  143  carrying out a county’s duties pursuant to the terms and 
  144  conditions of any environmental program delegated to the county 
  145  by agreement with a state agency. 
  146         (d) For purposes of this subsection, a county ordinance 
  147  that regulates the transportation or land application of 
  148  domestic wastewater residuals or other forms of sewage sludge 
  149  shall not be deemed to be duplication of regulation. 
  150         (e) This subsection does not limit a county’s powers to: 
  151         1. Enforce wetlands, springs protection, or stormwater 
  152  ordinances, regulations, or rules adopted before January 15, 
  153  2009. 
  154         2. Enforce wetlands, springs protection, or stormwater 
  155  ordinances, regulations, or rules pertaining to the Wekiva River 
  156  Protection Area. 
  157         3. Enforce ordinances, regulations, or rules as directed by 
  158  law or implemented consistent with the requirements of a program 
  159  operated under a delegation agreement from a state agency or 
  160  water management district. 
  161   
  162  As used in this paragraph, the term “wetlands” has the same 
  163  meaning as defined in s. 373.019. 
  164         (f) The provisions of this subsection that limit a county’s 
  165  authority to adopt or enforce any ordinance, regulation, rule, 
  166  or policy, or to charge any assessment or fee for stormwater 
  167  management, apply only to a bona fide farm operation as 
  168  described in this subsection. 
  169         (g) This subsection does not apply to a municipal services 
  170  benefit unit established before March 1, 2009, pursuant to s. 
  171  125.01(1)(q), predominately for flood control or water supply 
  172  benefits. 
  173         Section 2. Section 163.3163, Florida Statutes, is created 
  174  to read: 
  175         163.3163 Applications for development permits; disclosure 
  176  and acknowledgement of contiguous sustainable agricultural 
  177  land.— 
  178         (1) This section may be cited as the “Agricultural Land 
  179  Acknowledgement Act.” 
  180         (2) The Legislature finds that nonagricultural land which 
  181  neighbors agricultural land may adversely affect agricultural 
  182  production and farm operations on the agricultural land and may 
  183  lead to the agricultural land’s conversion to urban, suburban, 
  184  or other nonagricultural uses. The Legislature intends to reduce 
  185  the occurrence of conflicts between agricultural and 
  186  nonagricultural land uses and encourage sustainable agricultural 
  187  land use. The purpose of this section is to ensure that 
  188  generally accepted agricultural practices will not be subject to 
  189  interference by residential use of land contiguous to 
  190  sustainable agricultural land. 
  191         (3) As used in this section, the term: 
  192         (a) “Contiguous” means touching, bordering, or adjoining 
  193  along a boundary. For purposes of this section, properties that 
  194  would be contiguous if not separated by a roadway, railroad, or 
  195  other public easement are considered contiguous. 
  196         (b) “Farm operation” has the same meaning as defined in s. 
  197  823.14. 
  198         (c) “Sustainable agricultural land” means land classified 
  199  as agricultural land pursuant to s. 193.461 which is used for a 
  200  farm operation that uses current technology, based on science or 
  201  research and demonstrated measurable increases in productivity, 
  202  to meet future food, feed, fiber, and energy needs, while 
  203  considering the environmental impacts and the social and 
  204  economic benefits to the rural communities. 
  205         (4)(a) Before a political subdivision issues a local land 
  206  use permit, building permit, or certificate of occupancy for 
  207  nonagricultural land contiguous to sustainable agricultural 
  208  land, the political subdivision shall require that, as a 
  209  condition of issuing the permit or certificate, the applicant 
  210  for the permit or certificate sign and submit to the political 
  211  subdivision, in a format that is recordable in the official 
  212  records of the county in which the political subdivision is 
  213  located, a written acknowledgement of contiguous sustainable 
  214  agricultural land in the following form: 
  215   
  216     ACKNOWLEDGEMENT OF CONTIGUOUS SUSTAINABLE AGRICULTURAL LAND    
  217   
  218         I, ...(name of applicant)..., understand that my 
  219         property located at ...(address of nonagricultural 
  220         land)..., as further described in the attached legal 
  221         description, is contiguous to sustainable agricultural 
  222         land located at ...(address of agricultural land)..., 
  223         as further described in the attached legal 
  224         description. 
  225         I acknowledge and understand that the farm 
  226         operation on the contiguous sustainable agricultural 
  227         land identified herein will be conducted according to 
  228         generally accepted agricultural practices as provided 
  229         in the Florida Right to Farm Act, s. 823.14, Florida 
  230         Statutes. 
  231  Signature: ...(signature of applicant).... 
  232  Date: ...(date).... 
  233   
  234         (b) An acknowledgement submitted to a political subdivision 
  235  under paragraph (a) shall be recorded in the official records of 
  236  the county in which the political subdivision is located. 
  237         (c) The Department of Agriculture and Consumer Services, in 
  238  cooperation with the Department of Revenue, may adopt rules to 
  239  administer this section. 
  240         Section 3. Subsection (1) of section 205.064, Florida 
  241  Statutes, is amended to read: 
  242         205.064 Farm, aquacultural, grove, horticultural, 
  243  floricultural, tropical piscicultural, and tropical fish farm 
  244  products; certain exemptions.— 
  245         (1) A local business tax receipt is not required of any 
  246  natural person for the privilege of engaging in the selling of 
  247  farm, aquacultural, grove, horticultural, floricultural, 
  248  tropical piscicultural, or tropical fish farm products, or 
  249  products manufactured therefrom, except intoxicating liquors, 
  250  wine, or beer, when such products were grown or produced by such 
  251  natural person in the state. 
  252         Section 4. Subsection (20) of section 322.01, Florida 
  253  Statutes, is amended to read: 
  254         322.01 Definitions.—As used in this chapter: 
  255         (20) “Farm tractor” means a motor vehicle that is: 
  256         (a) Operated principally on a farm, grove, or orchard in 
  257  agricultural or horticultural pursuits and that is operated on 
  258  the roads of this state only incidentally to transportation 
  259  between the owner’s or operator’s headquarters and the farm, 
  260  grove, or orchard or between one farm, grove, or orchard and 
  261  another; or 
  262         (b) Designed and used primarily as a farm implement for 
  263  drawing plows, mowing machines, and other implements of 
  264  husbandry. 
  265         Section 5. Subsection (1) of section 604.15, Florida 
  266  Statutes, is amended to read: 
  267         604.15 Dealers in agricultural products; definitions.—For 
  268  the purpose of ss. 604.15-604.34, the following words and terms, 
  269  when used, shall be construed to mean: 
  270         (1) “Agricultural products” means the natural products of 
  271  the farm, nursery, grove, orchard, vineyard, garden, and apiary 
  272  (raw or manufactured); sod; tropical foliage; horticulture; hay; 
  273  livestock; milk and milk products; poultry and poultry products; 
  274  the fruit of the saw palmetto (meaning the fruit of the Serenoa 
  275  repens); limes (meaning the fruit Citrus aurantifolia, variety 
  276  Persian, Tahiti, Bearss, or Florida Key limes); and any other 
  277  nonexempt agricultural products produced in the state, except 
  278  tobacco, sugarcane, tropical foliage, timber and timber 
  279  byproducts, forest products as defined in s. 591.17, and citrus 
  280  other than limes. 
  281         Section 6. Section 604.50, Florida Statutes, is amended to 
  282  read: 
  283         604.50 Nonresidential farm buildings and farm fences. 
  284  Notwithstanding any other law to the contrary, any 
  285  nonresidential farm building or farm fence is exempt from the 
  286  Florida Building Code and any county or municipal building code 
  287  or fee, except for code provisions implementing local, state, or 
  288  federal floodplain management regulations. For purposes of this 
  289  section, the term “nonresidential farm building” means any 
  290  temporary or permanent building or support structure that is 
  291  classified as a nonresidential farm building on a farm under s. 
  292  553.73(9)(c) or that is used primarily for agricultural 
  293  purposes, is located on a farm that is not used as a residential 
  294  dwelling, and is located on land that is an integral part of a 
  295  farm operation or is classified as agricultural land under s. 
  296  193.461, and is not intended to be used as a residential 
  297  dwelling. The term “farm” is as defined in s. 823.14. 
  298         Section 7. Subsection (7) is added to section 624.4095, 
  299  Florida Statutes, to read: 
  300         624.4095 Premiums written; restrictions.— 
  301         (7) For purposes of this section and s. 624.407, with 
  302  regard to capital and surplus required, gross written premiums 
  303  for federal multiple-peril crop insurance that is ceded to the 
  304  Federal Crop Insurance Corporation and authorized reinsurers 
  305  shall not be included when calculating the insurer’s gross 
  306  writing ratio. The liabilities for ceded reinsurance premiums 
  307  payable for federal multiple-peril crop insurance ceded to the 
  308  Federal Crop Insurance Corporation and authorized reinsurers 
  309  shall be netted against the asset for amounts recoverable from 
  310  reinsurers. Each insurer that writes other insurance products 
  311  together with federal multiple-peril crop insurance shall 
  312  disclose in the notes to the annual and quarterly financial 
  313  statement, or file a supplement to the financial statement that 
  314  discloses, a breakout of the gross written premiums for federal 
  315  multiple-peril crop insurance. 
  316         Section 8. Section 823.145, Florida Statutes, is amended to 
  317  read: 
  318         823.145 Disposal by open burning of certain materials mulch 
  319  plastic used in agricultural operations.—Polyethylene 
  320  agricultural mulch plastic; damaged, nonsalvageable, untreated 
  321  wood pallets; and packing material that cannot be feasibly 
  322  recycled, which are used in connection with agricultural 
  323  operations related to the growing, harvesting, or maintenance of 
  324  crops, may be disposed of by open burning provided that no 
  325  public nuisance or any condition adversely affecting the 
  326  environment or the public health is created thereby and that 
  327  state or federal national ambient air quality standards are not 
  328  violated. 
  329         Section 9. This act shall take effect July 1, 2010.