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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.
   55  Be It Enacted by the Legislature of the State of Florida:
   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.
  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:
  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)....
  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.

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