April 02, 2020
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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.

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