CS/CS/HB 1241

1
A bill to be entitled
2An act relating to agriculture; amending s. 205.064, F.S.;
3authorizing a person selling certain agricultural products
4who is not a natural person to qualify for an exemption
5from obtaining a local business tax receipt; amending s.
6322.01, F.S.; revising the term "farm tractor" for
7purposes of drivers' licenses; amending s. 500.03, F.S.;
8revising the term "food establishment" to include tomato
9repackers for purposes of the Florida Food Safety Act;
10creating s. 500.70, F.S.; defining the terms "field
11packing," "packing" or "repacking," and "producing";
12requiring the Department of Agriculture and Consumer
13Services to adopt minimum food safety standards for the
14producing, harvesting, packing, and repacking of tomatoes;
15authorizing the department to inspect tomato farms,
16greenhouses, and packinghouses or repackers for compliance
17with the standards and certain provisions of the Florida
18Food Safety Act; providing penalties; authorizing the
19department to establish good agricultural practices and
20best management practices for the state's tomato industry;
21providing a presumption that tomatoes introduced into
22commerce are safe for human consumption under certain
23circumstances; providing exemptions; authorizing the
24department to adopt rules; amending s. 570.07, F.S.;
25authorizing the department to adopt best management
26practices for agricultural production and food safety;
27amending s. 570.48, F.S.; revising duties of the Division
28of Fruit and Vegetables for tomato food safety
29inspections; amending s. 604.15, F.S.; revising the term
30"agricultural products" to make tropical foliage exempt
31from regulation under provisions relating to dealers in
32agricultural products; amending s. 823.145, F.S.;
33expanding the materials used in agricultural operations
34that may be disposed of by open burning; providing certain
35limitations on open burning; amending s. 163.3162, F.S.;
36prohibiting a county from enforcing certain limits on the
37activity of a bona fide farm operation on agricultural
38land under certain circumstances; prohibiting a county
39from charging agricultural lands for stormwater management
40assessments and fees under certain circumstances; allowing
41an assessment to be collected if credits against the
42assessment are provided for implementation of best-
43management practices; exempting certain wetlands and
44springs protection ordinances, regulations, and rules
45adopted before a specified date from provisions
46restricting a county's powers over the activity on
47agricultural land; creating s. 163.3163, F.S.; creating
48the "Agricultural Land Acknowledgement Act"; providing
49legislative findings and intent; providing definitions;
50requiring an applicant for certain development permits to
51sign and submit an acknowledgement of neighboring
52agricultural land as a condition of the political
53subdivision issuing the permits; specifying information to
54be included in the acknowledgement; requiring that the
55acknowledgement be permanently maintained as a public
56record; amending s. 604.50, F.S.; exempting farm fences
57from the Florida Building Code; exempting nonresidential
58farm buildings and farm fences from county and municipal
59codes and fees; specifying that the exemptions do not
60apply to code provisions implementing certain floodplain
61regulations; amending s. 689.261, F.S.; requiring
62prospective purchasers of certain residential property to
63be presented with a written acknowledgement of neighboring
64agricultural land on or before execution of the contract
65for sale unless the acknowledgement is included in the
66contract; specifying information to be included in the
67acknowledgement; providing effective dates.
68
69Be It Enacted by the Legislature of the State of Florida:
70
71     Section 1.  Subsection (1) of section 205.064, Florida
72Statutes, is amended to read:
73     205.064  Farm, aquacultural, grove, horticultural,
74floricultural, tropical piscicultural, and tropical fish farm
75products; certain exemptions.--
76     (1)  A local business tax receipt is not required of any
77natural person for the privilege of engaging in the selling of
78farm, aquacultural, grove, horticultural, floricultural,
79tropical piscicultural, or tropical fish farm products, or
80products manufactured therefrom, except intoxicating liquors,
81wine, or beer, when such products were grown or produced by such
82natural person in the state.
83     Section 2.  Subsection (20) of section 322.01, Florida
84Statutes, is amended to read:
85     322.01  Definitions.--As used in this chapter:
86     (20)  "Farm tractor" means a motor vehicle that is:
87     (a)  Operated principally on a farm, grove, or orchard in
88agricultural or horticultural pursuits and that is operated on
89the roads of this state only incidentally to transportation
90between the owner's or operator's headquarters and the farm,
91grove, or orchard or between one farm, grove, or orchard and
92another; or
93     (b)  Designed and used primarily as a farm implement for
94drawing plows, mowing machines, and other implements of
95husbandry.
96     Section 3.  Paragraph (n) of subsection (1) of section
97500.03, Florida Statutes, is amended to read:
98     500.03  Definitions; construction; applicability.--
99     (1)  For the purpose of this chapter, the term:
100     (n)  "Food establishment" means any factory, food outlet,
101or any other facility manufacturing, processing, packing,
102holding, or preparing food, or selling food at wholesale or
103retail. The term does not include any business or activity that
104is regulated under chapter 509 or chapter 601. The term includes
105tomato packinghouses and repackers but does not include any
106other establishments that pack fruits and vegetables in their
107raw or natural states, including those fruits or vegetables that
108are washed, colored, or otherwise treated in their unpeeled,
109natural form before they are marketed.
110     Section 4.  Section 500.70, Florida Statutes, is created to
111read:
112     500.70  Tomato food safety standards; inspections;
113penalties; tomato good agricultural practices; tomato best
114management practices.--
115     (1)  As used in this section, the term:
116     (a)  "Field packing" means the packing of tomatoes on a
117tomato farm or in a tomato greenhouse into containers for sale
118for human consumption without transporting the tomatoes to a
119packinghouse.
120     (b)  "Packing" or "repacking" means the packing of tomatoes
121into containers for sale for human consumption. The term
122includes the sorting or separating of tomatoes into grades and
123sizes. The term also includes field packing.
124     (c)  "Producing" means the planting, growing, or
125cultivating of tomatoes on a tomato farm or in a tomato
126greenhouse for sale for human consumption.
127     (2)  The department may adopt rules establishing food
128safety standards to safeguard the public health and promote the
129public welfare by protecting the consuming public from injury
130caused by the adulteration or the microbiological, chemical, or
131radiological contamination of tomatoes. The rules must be based
132on federal requirements, available scientific research,
133generally accepted industry practices, and recommendations of
134food safety professionals. The rules shall apply to the
135producing, harvesting, packing, and repacking of tomatoes for
136sale for human consumption by a tomato farm, tomato greenhouse,
137or tomato packinghouse or repacker in this state. The rules may
138include, but are not limited to, standards for:
139     (a)  Registration with the department of a person who
140produces, harvests, packs, or repacks tomatoes in this state who
141does not hold a food permit issued under s. 500.12.
142     (b)  Proximity of domestic animals and livestock to the
143production areas for tomatoes.
144     (c)  Food safety related use of water for irrigation during
145production and washing of tomatoes after harvest.
146     (d)  Use of fertilizers.
147     (e)  Cleaning and sanitation of containers, materials,
148equipment, vehicles, and facilities, including storage and
149ripening areas.
150     (f)  Health, hygiene, and sanitation of employees who
151handle tomatoes.
152     (g)  Training and continuing education of a person who
153produces, harvests, packs, or repacks tomatoes in this state,
154and the person's employees who handle tomatoes.
155     (h)  Labeling and recordkeeping, including standards for
156identifying and tracing tomatoes for sale for human consumption.
157     (3)(a)  The department may inspect tomato farms, tomato
158greenhouses, tomato packinghouses, repacking locations, or any
159vehicle being used to transport or hold tomatoes to ensure
160compliance with the applicable provisions of this chapter, and
161the rules adopted under this chapter.
162     (b)  The department may impose an administrative fine not
163to exceed $5,000 per violation, or issue a written notice or
164warning under s. 500.179, against a person who violates any
165applicable provision of this section, or any rule adopted under
166this section.
167     (4)(a)  The department may adopt rules establishing tomato
168good agricultural practices and tomato best management practices
169for the state's tomato industry based on applicable federal
170requirements, available scientific research, generally accepted
171industry practices, and recommendations of food safety
172professionals.
173     (b)  A person who documents compliance with the
174department's rules, tomato good agricultural practices, and
175tomato best management practices is presumed to introduce
176tomatoes into the stream of commerce that are safe for human
177consumption, unless the department identifies noncompliance
178through inspections.
179     (5)  Subsections (2) and (4) do not apply to tomatoes sold
180by the grower on the premises at which the tomatoes are grown or
181at a local farmers' market, if the quantity of tomatoes sold
182does not exceed two 25-pound boxes per customer.
183     (6)  The department may adopt rules pursuant to ss.
184120.536(1) and 120.54 to administer this section.
185     Section 5.  Subsection (10) of section 570.07, Florida
186Statutes, is amended to read:
187     570.07  Department of Agriculture and Consumer Services;
188functions, powers, and duties.--The department shall have and
189exercise the following functions, powers, and duties:
190     (10)  To act as adviser to producers and distributors, when
191requested, and to assist them in the economical and efficient
192distribution of their agricultural products, and to encourage
193cooperative effort among producers to gain economical and
194efficient production of agricultural products, and to adopt
195rules establishing comprehensive best management practices for
196agricultural production and food safety.
197     Section 6.  Paragraph (e) of subsection (2) of section
198570.48, Florida Statutes, is amended to read:
199     570.48  Division of Fruit and Vegetables; powers and
200duties; records.--The duties of the Division of Fruit and
201Vegetables include, but are not limited to:
202     (2)
203     (e)  Performing tomato food safety inspections under s.
204500.70 on tomato farms, in tomato greenhouses, and in tomato
205packinghouses and repackers.
206     Section 7.  Subsection (1) of section 604.15, Florida
207Statutes, is amended to read:
208     604.15  Dealers in agricultural products; definitions.--For
209the purpose of ss. 604.15-604.34, the following words and terms,
210when used, shall be construed to mean:
211     (1)  "Agricultural products" means the natural products of
212the farm, nursery, grove, orchard, vineyard, garden, and apiary
213(raw or manufactured); sod; tropical foliage; horticulture; hay;
214livestock; milk and milk products; poultry and poultry products;
215the fruit of the saw palmetto (meaning the fruit of the Serenoa
216repens); limes (meaning the fruit Citrus aurantifolia, variety
217Persian, Tahiti, Bearss, or Florida Key limes); and any other
218nonexempt agricultural products produced in the state, except
219tobacco, sugarcane, tropical foliage, timber and timber
220byproducts, forest products as defined in s. 591.17, and citrus
221other than limes.
222     Section 8.  Section 823.145, Florida Statutes, is amended
223to read:
224     823.145  Disposal by open burning of certain materials
225mulch plastic used in agricultural operations.--Polyethylene
226agricultural mulch plastic; damaged, nonsalvageable, untreated
227wood pallets; and packing material that cannot be feasibly
228recycled, which are used in connection with agricultural
229operations related to the growing, harvesting, or maintenance of
230crops, may be disposed of by open burning provided that no
231public nuisance or any condition adversely affecting the
232environment or the public health is created thereby and that
233state or federal national ambient air quality standards are not
234violated.
235     Section 9.  Subsection (4) of section 163.3162, Florida
236Statutes, is amended to read:
237     163.3162  Agricultural Lands and Practices Act.--
238     (4)  DUPLICATION OF REGULATION.--Except as otherwise
239provided in this section and s. 487.051(2), and notwithstanding
240any other law, including any provision of chapter 125 or this
241chapter, a county may not exercise any of its powers to adopt or
242enforce any ordinance, resolution, regulation, rule, or policy
243to prohibit, restrict, regulate, or otherwise limit an activity
244of a bona fide farm operation on land classified as agricultural
245land pursuant to s. 193.461, if such activity is regulated
246through implemented best management practices, interim measures,
247or regulations adopted as rules under chapter 120 developed by
248the Department of Environmental Protection, the Department of
249Agriculture and Consumer Services, or a water management
250district and adopted under chapter 120 as part of a statewide or
251regional program; or if such activity is expressly regulated by
252the United States Department of Agriculture, the United States
253Army Corps of Engineers, or the United States Environmental
254Protection Agency. A county may not charge an assessment or fee
255for stormwater management on a bona fide farm operation on land
256classified as agricultural land pursuant to s. 193.461, if the
257farm operation has a National Pollutant Discharge Elimination
258System permit, environmental resource permit, or works-of-the-
259district permit or implements best management practices adopted
260as rules under chapter 120 by the Department of Environmental
261Protection, the Department of Agriculture and Consumer Services,
262or a water management district as part of a statewide or
263regional program. However, this subsection does not prohibit a
264county from charging an assessment or fee for stormwater
265management on a bona fide farm operation that does not have a
266National Pollutant Discharge Elimination System permit,
267environmental resource permit, or works-of-the-district permit,
268or has not implemented water quality and quantity best-
269management practices as described in this subsection. For those
270counties that, before March 1, 2009, adopted a stormwater
271utility ordinance, resolution, or municipal services benefit
272unit or, before March 1, 2009, adopted a resolution stating its
273intent to use the uniform method of collection pursuant to s.
274197.3632 for such stormwater ordinances, the county may continue
275to charge an assessment or fee for stormwater management on a
276bona fide farm operation on land classified as agricultural
277pursuant to s. 193.461 if the ordinance provides credits against
278the assessment or fee on a bona fide farm operation for the
279implementation of best-management practices adopted as rules
280under chapter 120 by the Department of Environmental Protection,
281the Department of Agriculture and Consumer Services, or a water
282management district as part of a statewide or regional program,
283or stormwater quality and quantity measures required as part of
284a National Pollutant Discharge Elimination System permit,
285environmental resource permit, or works-of-the-district permit
286or implementation of best-management practices or alternative
287measures which the landowner demonstrates to the county to be of
288equivalent or greater stormwater benefit than those provided by
289implementation of best-management practices adopted as rules
290under chapter 120 by the Department of Environmental Protection,
291the Department of Agriculture and Consumer Services, or a water
292management district as part of a statewide or regional program,
293or stormwater quality and quantity measures required as part of
294a National Pollutant Discharge Elimination System permit,
295environmental resource permit, or works-of-the-district permit.
296     (a)  When an activity of a farm operation takes place
297within a wellfield protection area as defined in any wellfield
298protection ordinance adopted by a county, and the implemented
299best management practice, regulation, or interim measure does
300not specifically address wellfield protection, a county may
301regulate that activity pursuant to such ordinance. This
302subsection does not limit the powers and duties provided for in
303s. 373.4592 or limit the powers and duties of any county to
304address an emergency as provided for in chapter 252.
305     (b)  This subsection may not be construed to permit an
306existing farm operation to change to a more excessive farm
307operation with regard to traffic, noise, odor, dust, or fumes
308where the existing farm operation is adjacent to an established
309homestead or business on March 15, 1982.
310     (c)  This subsection does not limit the powers of a
311predominantly urbanized county with a population greater than
3121,500,000 and more than 25 municipalities, not operating under a
313home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
314VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
315VIII of the Constitution of 1968, which has a delegated
316pollution control program under s. 403.182 and includes drainage
317basins that are part of the Everglades Stormwater Program, to
318enact ordinances, regulations, or other measures to comply with
319the provisions of s. 373.4592, or which are necessary to
320carrying out a county's duties pursuant to the terms and
321conditions of any environmental program delegated to the county
322by agreement with a state agency.
323     (d)  For purposes of this subsection, a county ordinance
324that regulates the transportation or land application of
325domestic wastewater residuals or other forms of sewage sludge
326shall not be deemed to be duplication of regulation.
327     (e)  This subsection does not limit a county's powers to
328enforce its wetlands and springs protection ordinances,
329regulations, or rules adopted before January 1, 2009. As used in
330this section, the term "wetlands" has the same meaning as
331defined in s. 373.019.
332     Section 10.  Section 163.3163, Florida Statutes, is created
333to read:
334     163.3163  Applications for development permits; disclosure
335and acknowledgement of neighboring agricultural land.--
336     (1)  This section may be cited as the "Agricultural Land
337Acknowledgement Act."
338     (2)  The Legislature finds that nonagricultural land which
339neighbors agricultural land may adversely affect agricultural
340production and farm operations on the agricultural land and may
341lead to the agricultural land's conversion to urban, suburban,
342or other nonagricultural uses. The Legislature intends to
343preserve and encourage agricultural land use and to reduce the
344occurrence of conflicts between agricultural and nonagricultural
345land uses. The purpose of this section is to give notice to a
346residential land purchaser before the contract for sale, or to
347an applicant for a local land use permit, building permit, or
348certificate of occupancy before issuance of a permit or
349certificate, that the land neighbors agricultural land and that
350certain generally accepted agricultural practices will take
351place.
352     (3)  As used in this section, the term:
353     (a)  "Agricultural land" means land classified as
354agricultural land pursuant to s. 193.461.
355     (b)  "Contiguous" means touching, bordering, or adjoining
356along a boundary. For purposes of this section, properties
357separated only by a roadway, railroad, or other public easement
358are considered contiguous.
359     (c)  "Farm operation" has the same meaning as defined in s.
360823.14.
361     (4)(a)  Before a political subdivision issues a local land
362use permit, building permit, or certificate of occupancy for
363nonagricultural land contiguous to agricultural land, the
364political subdivision shall require that, as a condition of
365issuing the permit or certificate, the applicant for the permit
366or certificate sign and submit to the political subdivision a
367written acknowledgement of neighboring agricultural land in the
368following form:
369
370
ACKNOWLEDGEMENT OF NEIGHBORING AGRICULTURAL LAND
371
372I, ...(name of applicant)..., understand that my property
373located at ...(address of nonagricultural land)... is
374contiguous to agricultural land located at ...(address of
375agricultural land)....
376     I acknowledge and understand that the farm operation
377on the neighboring agricultural land identified herein
378will be conducted according to generally accepted
379agricultural practices as provided in the Florida Right to
380Farm Act, s. 823.14, Florida Statutes.
381Signature: ...(signature of applicant)....
382Date: ...(date)....
383
384     (b)  An acknowledgement submitted to a political
385subdivision under paragraph (a) is a public record and shall be
386maintained by the political subdivision as a permanent record.
387     Section 11.  Section 604.50, Florida Statutes, is amended
388to read:
389     604.50  Nonresidential farm buildings and farm
390fences.--Notwithstanding any other law to the contrary, any
391nonresidential farm building or farm fence is exempt from the
392Florida Building Code and any county or municipal building code
393or fee, except for code provisions implementing local, state, or
394federal floodplain management regulations. For purposes of this
395section, the term "nonresidential farm building" means any
396building or support structure that is used for agricultural
397purposes, is located on a farm that is not used as a residential
398dwelling, and is located on land that is an integral part of a
399farm operation or is classified as agricultural land under s.
400193.461. The term "farm" is as defined in s. 823.14.
401     Section 12.  Effective January 1, 2010, subsection (3) is
402added to section 689.261, Florida Statutes, to read:
403     689.261  Sale of residential property; disclosure of ad
404valorem taxes and neighboring agricultural land to prospective
405purchaser.--
406     (3)(a)  A prospective purchaser of residential property
407contiguous to agricultural land must be presented with a written
408acknowledgement of neighboring agricultural land on or before
409execution of the contract for sale unless the acknowledgement is
410included in the contract. The acknowledgement, whether included
411in the contract for sale or presented as a separate document,
412must be in substantially the following form:
413
414
ACKNOWLEDGEMENT OF NEIGHBORING AGRICULTURAL LAND
415
416I, ...(name of purchaser)... understand that my property
417located at ...(address of residential property being
418purchased)... is contiguous to agricultural land located
419at ...(address of agricultural land)....
420     I acknowledge and understand that the farm operation
421on the neighboring agricultural land identified herein
422will be conducted according to generally accepted
423agricultural practices as provided in the Florida Right to
424Farm Act, s. 823.14, Florida Statutes.
425Signature: ...(signature of purchaser) ....
426Date: ... (date) ....
427
428     (b)  The acknowledgment must include a signature line for
429each purchaser only if the acknowledgement is presented as a
430separate document from the contract for sale.
431     Section 13.  Except as otherwise expressly provided in this
432act, this act shall take effect July 1, 2009.
433


CODING: Words stricken are deletions; words underlined are additions.