Bill Text: FL S2074 | 2010 | Regular Session | Comm Sub

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-Comm_Sub.html

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       Florida Senate - 2010                             CS for SB 2074 
        
       By the Committee on Agriculture; and Senator Peaden 
       575-02705-10                                          20102074c1 
    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:, 
   63         (a) A county may not exercise any of its powers to adopt or 
   64  enforce any ordinance, resolution, regulation, rule, or policy 
   65  to prohibit, restrict, regulate, or otherwise limit an activity 
   66  of 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. 
   77         (b) A county may not charge an assessment or fee for 
   78  stormwater management on a bona fide farm operation on land 
   79  classified as agricultural land pursuant to s. 193.461, if the 
   80  farm operation has a National Pollutant Discharge Elimination 
   81  System permit, environmental resource permit, or works-of-the 
   82  district permit or implements best management practices adopted 
   83  as rules under chapter 120 by the Department of Environmental 
   84  Protection, the Department of Agriculture and Consumer Services, 
   85  or a water management district as part of a statewide or 
   86  regional program. 
   87         (c) For each county that, before March 1, 2009, adopted a 
   88  stormwater utility ordinance or resolution, adopted an ordinance 
   89  or resolution establishing a municipal services benefit unit, or 
   90  adopted a resolution stating the county’s intent to use the 
   91  uniform method of collection pursuant to s. 197.3632 for such 
   92  stormwater ordinances, the county may continue to charge an 
   93  assessment or fee for stormwater management on a bona fide farm 
   94  operation on land classified as agricultural pursuant to s. 
   95  193.461, if the ordinance or resolution provides credits against 
   96  the assessment or fee on a bona fide farm operation for: 
   97         1. The implementation of best management practices adopted 
   98  as rules under chapter 120 by the Department of Environmental 
   99  Protection, the Department of Agriculture and Consumer Services, 
  100  or a water management district as part of a statewide or 
  101  regional program; 
  102         2. The stormwater quality and quantity measures required as 
  103  part of a National Pollutant Discharge Elimination System 
  104  permit, environmental resource permit, or works-of-the-district 
  105  permit; or 
  106         3. The implementation of best management practices or 
  107  alternative measures that the landowner demonstrates to the 
  108  county to be of equivalent or greater stormwater benefit than 
  109  those provided by implementation of best management practices 
  110  adopted as rules under chapter 120 by the Department of 
  111  Environmental Protection, the Department of Agriculture and 
  112  Consumer Services, or a water management district as part of a 
  113  statewide or regional program, or stormwater quality and 
  114  quantity measures required as part of a National Pollutant 
  115  Discharge Elimination System permit, environmental resource 
  116  permit, or works-of-the-district permit. 
  117         (d)(a) When an activity of a farm operation takes place 
  118  within a wellfield protection area as defined in any wellfield 
  119  protection ordinance adopted by a county, and the implemented 
  120  best management practice, regulation, or interim measure does 
  121  not specifically address wellfield protection, a county may 
  122  regulate that activity pursuant to such ordinance. This 
  123  subsection does not limit the powers and duties provided for in 
  124  s. 373.4592 or limit the powers and duties of any county to 
  125  address an emergency as provided for in chapter 252. 
  126         (e)(b) This subsection may not be construed to permit an 
  127  existing farm operation to change to a more excessive farm 
  128  operation with regard to traffic, noise, odor, dust, or fumes 
  129  where the existing farm operation is adjacent to an established 
  130  homestead or business on March 15, 1982. 
  131         (f)(c) This subsection does not limit the powers of a 
  132  predominantly urbanized county with a population greater than 
  133  1,500,000 and more than 25 municipalities, not operating under a 
  134  home rule charter adopted pursuant to ss. 10, 11, and 24, Art. 
  135  VIII of the Constitution of 1885, as preserved by s. 6(e), Art. 
  136  VIII of the Constitution of 1968, which has a delegated 
  137  pollution control program under s. 403.182 and includes drainage 
  138  basins that are part of the Everglades Stormwater Program, to 
  139  enact ordinances, regulations, or other measures to comply with 
  140  the provisions of s. 373.4592, or which are necessary to 
  141  carrying out a county’s duties pursuant to the terms and 
  142  conditions of any environmental program delegated to the county 
  143  by agreement with a state agency. 
  144         (g)(d) For purposes of this subsection, a county ordinance 
  145  that regulates the transportation or land application of 
  146  domestic wastewater residuals or other forms of sewage sludge 
  147  shall not be deemed to be duplication of regulation. 
  148         (h) This subsection does not limit a county’s powers to: 
  149         1. Enforce wetlands, springs protection, or stormwater 
  150  ordinances, regulations, or rules adopted before July 1, 2003. 
  151         2. Enforce wetlands, springs protection, or stormwater 
  152  ordinances, regulations, or rules pertaining to the Wekiva River 
  153  Protection Area. 
  154         3. Enforce ordinances, regulations, or rules as directed by 
  155  law or implemented consistent with the requirements of a program 
  156  operated under a delegation agreement from a state agency or 
  157  water management district. 
  158   
  159  As used in this paragraph, the term “wetlands” has the same 
  160  meaning as defined in s. 373.019. 
  161         (i) The provisions of this subsection that limit a county’s 
  162  authority to adopt or enforce any ordinance, regulation, rule, 
  163  or policy, or to charge any assessment or fee for stormwater 
  164  management, apply only to a bona fide farm operation as 
  165  described in this subsection. 
  166         (j) This subsection does not apply to a municipal services 
  167  benefit unit established before March 1, 2009, pursuant to s. 
  168  125.01(1)(q), predominately for flood control or water supply 
  169  benefits. 
  170         Section 2. Section 163.3163, Florida Statutes, is created 
  171  to read: 
  172         163.3163 Applications for development permits; disclosure 
  173  and acknowledgement of contiguous sustainable agricultural 
  174  land.— 
  175         (1) This section may be cited as the “Agricultural Land 
  176  Acknowledgement Act.” 
  177         (2) The Legislature finds that nonagricultural land that 
  178  neighbors agricultural land may adversely affect agricultural 
  179  production and farm operations on the agricultural land and may 
  180  lead to the agricultural land’s conversion to urban, suburban, 
  181  or other nonagricultural uses. The Legislature intends to reduce 
  182  the occurrence of conflicts between agricultural and 
  183  nonagricultural land uses and encourage sustainable agricultural 
  184  land use. The purpose of this section is to ensure that 
  185  generally accepted agricultural practices will not be subject to 
  186  interference by residential use of land contiguous to 
  187  sustainable agricultural land. 
  188         (3) As used in this section, the term: 
  189         (a) “Contiguous” means touching, bordering, or adjoining 
  190  along a boundary. For purposes of this section, properties that 
  191  would be contiguous if not separated by a roadway, railroad, or 
  192  other public easement are considered contiguous. 
  193         (b) “Farm operation” has the same meaning as defined in s. 
  194  823.14. 
  195         (c) “Sustainable agricultural land” means land classified 
  196  as agricultural land pursuant to s. 193.461 which is used for a 
  197  farm operation that uses current technology, based on science or 
  198  research and demonstrated measurable increases in productivity, 
  199  to meet future food, feed, fiber, and energy needs, while 
  200  considering the environmental impacts and the social and 
  201  economic benefits to the rural communities. 
  202         (4)(a) Before a political subdivision issues a local land 
  203  use permit, building permit, or certificate of occupancy for 
  204  nonagricultural land contiguous to sustainable agricultural 
  205  land, the political subdivision shall require that, as a 
  206  condition of issuing the permit or certificate, the applicant 
  207  for the permit or certificate sign and submit to the political 
  208  subdivision, in a format that is recordable in the official 
  209  records of the county in which the political subdivision is 
  210  located, a written acknowledgement of contiguous sustainable 
  211  agricultural land in the following form: 
  212   
  213     ACKNOWLEDGEMENT OF CONTIGUOUS SUSTAINABLE AGRICULTURAL LAND    
  214   
  215         I, ...(name of applicant)..., understand that my property 
  216  located at ...(address of nonagricultural land)..., as further 
  217  described in the attached legal description, is contiguous to 
  218  sustainable agricultural land located at ...(address of 
  219  agricultural land)..., as further described in the attached 
  220  legal description. 
  221         I acknowledge and understand that the farm operation on the 
  222  contiguous sustainable agricultural land identified herein will 
  223  be conducted according to generally accepted agricultural 
  224  practices as provided in the Florida Right to Farm Act, s. 
  225  823.14, Florida Statutes. 
  226         Signature: ...(signature of applicant).... 
  227         Date: ...(date).... 
  228   
  229         (b) An acknowledgement submitted to a political subdivision 
  230  under paragraph (a) shall be recorded in the official records of 
  231  the county in which the political subdivision is located. 
  232         (c) The Department of Agriculture and Consumer Services, in 
  233  cooperation with the Department of Revenue, may adopt rules to 
  234  administer this section. 
  235         Section 3. Subsection (1) of section 205.064, Florida 
  236  Statutes, is amended to read: 
  237         205.064 Farm, aquacultural, grove, horticultural, 
  238  floricultural, tropical piscicultural, and tropical fish farm 
  239  products; certain exemptions.— 
  240         (1) A local business tax receipt is not required of any 
  241  natural person for the privilege of engaging in the selling of 
  242  farm, aquacultural, grove, horticultural, floricultural, 
  243  tropical piscicultural, or tropical fish farm products, or 
  244  products manufactured therefrom, except intoxicating liquors, 
  245  wine, or beer, when such products were grown or produced by such 
  246  natural person in the state. 
  247         Section 4. Subsection (20) of section 322.01, Florida 
  248  Statutes, is amended to read: 
  249         322.01 Definitions.—As used in this chapter: 
  250         (20) “Farm tractor” means a motor vehicle that is: 
  251         (a) Operated principally on a farm, grove, or orchard in 
  252  agricultural or horticultural pursuits and that is operated on 
  253  the roads of this state only incidentally to transportation 
  254  between the owner’s or operator’s headquarters and the farm, 
  255  grove, or orchard or between one farm, grove, or orchard and 
  256  another; or 
  257         (b) Designed and used primarily as a farm implement for 
  258  drawing plows, mowing machines, and other implements of 
  259  husbandry. 
  260         Section 5. Subsection (1) of section 604.15, Florida 
  261  Statutes, is amended to read: 
  262         604.15 Dealers in agricultural products; definitions.—For 
  263  the purpose of ss. 604.15-604.34, the following words and terms, 
  264  when used, shall be construed to mean: 
  265         (1) “Agricultural products” means the natural products of 
  266  the farm, nursery, grove, orchard, vineyard, garden, and apiary 
  267  (raw or manufactured); sod; tropical foliage; horticulture; hay; 
  268  livestock; milk and milk products; poultry and poultry products; 
  269  the fruit of the saw palmetto (meaning the fruit of the Serenoa 
  270  repens); limes (meaning the fruit Citrus aurantifolia, variety 
  271  Persian, Tahiti, Bearss, or Florida Key limes); and any other 
  272  nonexempt agricultural products produced in the state, except 
  273  tobacco, sugarcane, tropical foliage, timber and timber 
  274  byproducts, forest products as defined in s. 591.17, and citrus 
  275  other than limes. 
  276         Section 6. Section 604.50, Florida Statutes, is amended to 
  277  read: 
  278         604.50 Nonresidential farm buildings and farm fences.— 
  279         (1) Notwithstanding any other law to the contrary, any 
  280  nonresidential farm building or farm fence is exempt from the 
  281  Florida Building Code and any county or municipal building code 
  282  or fee, except for code provisions implementing local, state, or 
  283  federal floodplain management regulations. 
  284         (2) As used in For purposes of this section, the term: 
  285         (a) “Nonresidential farm building” means any temporary or 
  286  permanent building or support structure that is classified as a 
  287  nonresidential farm building on a farm under s. 553.73(9)(c) or 
  288  that is used primarily for agricultural purposes, is located on 
  289  a farm that is not used as a residential dwelling, and is 
  290  located on land that is an integral part of a farm operation or 
  291  is classified as agricultural land under s. 193.461, and is not 
  292  intended to be used as a residential dwelling. The term may 
  293  include, but is not limited to, a barn, greenhouse, shade house, 
  294  farm office, storage building, or poultry house. 
  295         (b) The term “Farm” has the same meaning is as provided 
  296  defined in s. 823.14. 
  297         Section 7. Subsection (7) is added to section 624.4095, 
  298  Florida Statutes, to read: 
  299         624.4095 Premiums written; restrictions.— 
  300         (7) For purposes of this section and s. 624.407, with 
  301  regard to capital and surplus required, gross written premiums 
  302  for federal multiple-peril crop insurance that is ceded to the 
  303  Federal Crop Insurance Corporation and authorized reinsurers 
  304  shall not be included when calculating the insurer’s gross 
  305  writing ratio. The liabilities for ceded reinsurance premiums 
  306  payable for federal multiple-peril crop insurance ceded to the 
  307  Federal Crop Insurance Corporation and authorized reinsurers 
  308  shall be netted against the asset for amounts recoverable from 
  309  reinsurers. Each insurer that writes other insurance products 
  310  together with federal multiple-peril crop insurance shall 
  311  disclose in the notes to the annual and quarterly financial 
  312  statement, or file a supplement to the financial statement that 
  313  discloses, a breakout of the gross written premiums for federal 
  314  multiple-peril crop insurance. 
  315         Section 8. Section 823.145, Florida Statutes, is amended to 
  316  read: 
  317         823.145 Disposal by open burning of certain materials mulch 
  318  plastic used in agricultural operations.—Polyethylene 
  319  agricultural mulch plastic; damaged, nonsalvageable, and 
  320  untreated wood pallets; and packing material that cannot be 
  321  feasibly recycled, which are used in connection with 
  322  agricultural operations related to the growing, harvesting, or 
  323  maintenance of crops, may be disposed of by open burning 
  324  provided that no public nuisance or any condition adversely 
  325  affecting the environment or the public health is created 
  326  thereby and that state or federal national ambient air quality 
  327  standards are not violated. 
  328         Section 9. This act shall take effect July 1, 2010.