HB 707

1
A bill to be entitled
2An act relating to agriculture; amending s. 163.3162,
3F.S.; prohibiting a county from enforcing certain limits
4on the activity of a bona fide farm operation on
5agricultural land under certain circumstances; prohibiting
6a county from charging agricultural lands for stormwater
7management assessments and fees under certain
8circumstances; allowing an assessment to be collected if
9credits against the assessment are provided for
10implementation of best management practices; providing
11exemptions from certain restrictions on a county's powers
12over the activity on agricultural land; providing a
13definition; providing for application; creating s.
14163.3163, F.S.; creating the "Agricultural Land
15Acknowledgement Act"; providing legislative findings and
16intent; providing definitions; requiring an applicant for
17certain development permits to sign and submit an
18acknowledgement of certain contiguous agricultural lands
19as a condition of the political subdivision issuing the
20permits; specifying information to be included in the
21acknowledgement; requiring that the acknowledgement be
22recorded in the official county records; authorizing the
23Department of Agriculture and Consumer Services to adopt
24rules; amending s. 205.064, F.S.; authorizing a person
25selling certain agricultural products who is not a natural
26person to qualify for an exemption from obtaining a local
27business tax receipt; amending s. 322.01, F.S.; revising
28the term "farm tractor" for purposes of driver's licenses;
29amending s. 604.15, F.S.; revising the term "agricultural
30products" to make tropical foliage exempt from regulation
31under provisions relating to dealers in agricultural
32products; amending s. 604.50, F.S.; exempting farm fences
33from the Florida Building Code; revising the term
34"nonresidential farm building"; exempting nonresidential
35farm buildings and farm fences from county and municipal
36codes and fees; specifying that the exemptions do not
37apply to code provisions implementing certain floodplain
38regulations; amending s. 624.4095, F.S.; requiring that
39gross written premiums for certain crop insurance not be
40included when calculating the insurer's gross writing
41ratio; requiring that liabilities for ceded reinsurance
42premiums be netted against the asset for amounts
43recoverable from reinsurers; requiring that insurers who
44write other insurance products disclose a breakout of the
45gross written premiums for crop insurance; amending s.
46823.145, F.S.; expanding the materials used in
47agricultural operations that may be disposed of by open
48burning; providing certain limitations on open burning;
49providing an effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Subsection (4) of section 163.3162, Florida
54Statutes, is amended to read:
55     163.3162  Agricultural Lands and Practices Act.-
56     (4)  DUPLICATION OF REGULATION.-Except as otherwise
57provided in this section and s. 487.051(2), and notwithstanding
58any other law, including any provision of chapter 125 or this
59chapter:,
60     (a)  A county may not exercise any of its powers to adopt
61or enforce any ordinance, resolution, regulation, rule, or
62policy to prohibit, restrict, regulate, or otherwise limit an
63activity of a bona fide farm operation on land classified as
64agricultural land pursuant to s. 193.461, if such activity is
65regulated through implemented best management practices, interim
66measures, or regulations adopted as rules under chapter 120
67developed by the Department of Environmental Protection, the
68Department of Agriculture and Consumer Services, or a water
69management district and adopted under chapter 120 as part of a
70statewide or regional program; or if such activity is expressly
71regulated by the United States Department of Agriculture, the
72United States Army Corps of Engineers, or the United States
73Environmental Protection Agency.
74     (b)  A county may not charge an assessment or fee for
75stormwater management on a bona fide farm operation on land
76classified as agricultural land pursuant to s. 193.461, if the
77farm operation has a National Pollutant Discharge Elimination
78System permit, environmental resource permit, or works-of-the-
79district permit or implements best management practices adopted
80as rules under chapter 120 by the Department of Environmental
81Protection, the Department of Agriculture and Consumer Services,
82or a water management district as part of a statewide or
83regional program.
84     (c)  For each county that, before March 1, 2009, adopted a
85stormwater utility ordinance or resolution, adopted an ordinance
86or resolution establishing a municipal services benefit unit, or
87adopted a resolution stating the county's intent to use the
88uniform method of collection pursuant to s. 197.3632 for such
89stormwater ordinances, the county may continue to charge an
90assessment or fee for stormwater management on a bona fide farm
91operation on land classified as agricultural pursuant to s.
92193.461 if the ordinance or resolution provides credits against
93the assessment or fee on a bona fide farm operation for the
94water quality or flood control benefit of:
95     1.  The implementation of best management practices adopted
96as rules under chapter 120 by the Department of Environmental
97Protection, the Department of Agriculture and Consumer Services,
98or a water management district as part of a statewide or
99regional program;
100     2.  The stormwater quality and quantity measures required
101as part of a National Pollutant Discharge Elimination System
102permit, environmental resource permit, or works-of-the-district
103permit; or
104     3.  The implementation of best management practices or
105alternative measures that the landowner demonstrates to the
106county to be of equivalent or greater stormwater benefit than
107those provided by implementation of best management practices
108adopted as rules under chapter 120 by the Department of
109Environmental Protection, the Department of Agriculture and
110Consumer Services, or a water management district as part of a
111statewide or regional program, or stormwater quality and
112quantity measures required as part of a National Pollutant
113Discharge Elimination System permit, environmental resource
114permit, or works-of-the-district permit.
115     (d)(a)  When an activity of a farm operation takes place
116within a wellfield protection area as defined in any wellfield
117protection ordinance adopted by a county, and the implemented
118best management practice, regulation, or interim measure does
119not specifically address wellfield protection, a county may
120regulate that activity pursuant to such ordinance. This
121subsection does not limit the powers and duties provided for in
122s. 373.4592 or limit the powers and duties of any county to
123address an emergency as provided for in chapter 252.
124     (e)(b)  This subsection may not be construed to permit an
125existing farm operation to change to a more excessive farm
126operation with regard to traffic, noise, odor, dust, or fumes
127where the existing farm operation is adjacent to an established
128homestead or business on March 15, 1982.
129     (f)(c)  This subsection does not limit the powers of a
130predominantly urbanized county with a population greater than
1311,500,000 and more than 25 municipalities, not operating under a
132home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
133VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
134VIII of the Constitution of 1968, which has a delegated
135pollution control program under s. 403.182 and includes drainage
136basins that are part of the Everglades Stormwater Program, to
137enact ordinances, regulations, or other measures to comply with
138the provisions of s. 373.4592, or which are necessary to
139carrying out a county's duties pursuant to the terms and
140conditions of any environmental program delegated to the county
141by agreement with a state agency.
142     (g)(d)  For purposes of this subsection, a county ordinance
143that regulates the transportation or land application of
144domestic wastewater residuals or other forms of sewage sludge
145shall not be deemed to be duplication of regulation.
146     (h)  This subsection does not limit a county's powers to:
147     1.  Enforce wetlands, as defined in s. 373.019, springs
148protection, or stormwater ordinances, regulations, or rules
149adopted before July 1, 2003.
150     2.  Enforce wetlands, as defined in s. 373.019, springs
151protection, or stormwater ordinances, regulations, or rules
152pertaining to the Wekiva River Protection Area.
153     3.  Enforce ordinances, regulations, or rules as directed
154by law or implemented consistent with the requirements of a
155program operated under a delegation agreement from a state
156agency or water management district.
157     (i)  The provisions of this subsection which limit a
158county's authority to adopt or enforce any ordinance,
159regulation, rule, or policy, or to charge any assessment or fee
160for stormwater management, apply only to a bona fide farm
161operation as described in this subsection.
162     (j)  This subsection does not apply to a municipal services
163benefit unit established before March 1, 2009, pursuant to s.
164125.01(1)(q), predominately for flood control or water supply
165benefits.
166     Section 2.  Section 163.3163, Florida Statutes, is created
167to read:
168     163.3163  Applications for development permits; disclosure
169and acknowledgement of contiguous sustainable agricultural
170land.-
171     (1)  This section may be cited as the "Agricultural Land
172Acknowledgement Act."
173     (2)  The Legislature finds that nonagricultural land that
174neighbors agricultural land may adversely affect agricultural
175production and farm operations on the agricultural land and may
176lead to the agricultural land's conversion to urban, suburban,
177or other nonagricultural uses. The Legislature intends to reduce
178the occurrence of conflicts between agricultural and
179nonagricultural land uses and encourage sustainable agricultural
180land use. The purpose of this section is to ensure that
181generally accepted agricultural practices will not be subject to
182interference by residential use of land contiguous to
183sustainable agricultural land.
184     (3)  As used in this section, the term:
185     (a)  "Contiguous" means touching, bordering, or adjoining
186along a boundary. For purposes of this section, properties that
187would be contiguous if not separated by a roadway, railroad, or
188other public easement are considered contiguous.
189     (b)  "Farm operation" has the same meaning as defined in s.
190823.14.
191     (c)  "Sustainable agricultural land" means land classified
192as agricultural land pursuant to s. 193.461 which is used for a
193farm operation that uses current technology, based on science or
194research and demonstrated measurable increases in productivity,
195to meet future food, feed, fiber, and energy needs, while
196considering the environmental impacts and the social and
197economic benefits to the rural communities.
198     (4)(a)  Before a political subdivision issues a local land
199use permit, building permit, or certificate of occupancy for
200nonagricultural land contiguous to sustainable agricultural
201land, the political subdivision shall require that, as a
202condition of issuing the permit or certificate, the applicant
203for the permit or certificate sign and submit to the political
204subdivision, in a format that is recordable in the official
205records of the county in which the political subdivision is
206located, a written acknowledgement of contiguous sustainable
207agricultural land in the following form:
208
209
ACKNOWLEDGEMENT OF CONTIGUOUS SUSTAINABLE AGRICULTURAL LAND
210
211     I, ...(name of applicant)..., understand that my property
212located at ...(address of nonagricultural land)..., as further
213described in the attached legal description, is contiguous to
214sustainable agricultural land located at ...(address of
215agricultural land)..., as further described in the attached
216legal description.
217     I acknowledge and understand that the farm operation on the
218contiguous sustainable agricultural land identified herein will
219be conducted according to generally accepted agricultural
220practices as provided in the Florida Right to Farm Act, s.
221823.14, Florida Statutes.
222     Signature: ...(signature of applicant)....
223     Date: ...(date)....
224
225     (b)  An acknowledgement submitted to a political
226subdivision under paragraph (a) shall be recorded in the
227official records of the county in which the political
228subdivision is located.
229     (c)  The Department of Agriculture and Consumer Services,
230in cooperation with the Department of Revenue, may adopt rules
231to administer this section.
232     Section 3.  Subsection (1) of section 205.064, Florida
233Statutes, is amended to read:
234     205.064  Farm, aquacultural, grove, horticultural,
235floricultural, tropical piscicultural, and tropical fish farm
236products; certain exemptions.-
237     (1)  A local business tax receipt is not required of any
238natural person for the privilege of engaging in the selling of
239farm, aquacultural, grove, horticultural, floricultural,
240tropical piscicultural, or tropical fish farm products, or
241products manufactured therefrom, except intoxicating liquors,
242wine, or beer, when such products were grown or produced by such
243natural person in the state.
244     Section 4.  Subsection (20) of section 322.01, Florida
245Statutes, is amended to read:
246     322.01  Definitions.-As used in this chapter:
247     (20)  "Farm tractor" means a motor vehicle that is:
248     (a)  Operated principally on a farm, grove, or orchard in
249agricultural or horticultural pursuits and that is operated on
250the roads of this state only incidentally for transportation
251between the owner's or operator's headquarters and the farm,
252grove, or orchard or between one farm, grove, or orchard and
253another; or
254     (b)  Designed and used primarily as a farm implement for
255drawing plows, mowing machines, and other implements of
256husbandry.
257     Section 5.  Subsection (1) of section 604.15, Florida
258Statutes, is amended to read:
259     604.15  Dealers in agricultural products; definitions.-For
260the purpose of ss.      604.15-604.34, the following words and
261terms, when used, shall be construed to mean:
262     (1)  "Agricultural products" means the natural products of
263the farm, nursery, grove, orchard, vineyard, garden, and apiary
264(raw or manufactured); sod; tropical foliage; horticulture; hay;
265livestock; milk and milk products; poultry and poultry products;
266the fruit of the saw palmetto (meaning the fruit of the Serenoa
267repens); limes (meaning the fruit Citrus aurantifolia, variety
268Persian, Tahiti, Bearss, or Florida Key limes); and any other
269nonexempt agricultural products produced in the state, except
270tobacco, sugarcane, tropical foliage, timber and timber
271byproducts, forest products as defined in s. 591.17, and citrus
272other than limes.
273     Section 6.  Section 604.50, Florida Statutes, is amended to
274read:
275     604.50  Nonresidential farm buildings and farm fences.-
276     (1)  Notwithstanding any other law to the contrary, any
277nonresidential farm building or farm fence is exempt from the
278Florida Building Code and any county or municipal building code
279or fee, except for code provisions implementing local, state, or
280federal floodplain management regulations.
281     (2)  As used in For purposes of this section, the term:
282     (a)  "Nonresidential farm building" means any temporary or
283permanent building or support structure that is classified as a
284nonresidential farm building on a farm under s. 553.73(9)(c) or
285that is used primarily for agricultural purposes, is located on
286a farm that is not used as a residential dwelling, and is
287located on land that is an integral part of a farm operation or
288is classified as agricultural land under s. 193.461, and is not
289intended to be used as a residential dwelling. The term may
290include, but is not limited to, a barn, greenhouse, shade house,
291farm office, storage building, or poultry house.
292     (b)  The term "Farm" has the same meaning is as provided
293defined in s. 823.14.
294     Section 7.  Subsection (7) is added to section 624.4095,
295Florida Statutes, to read:
296     624.4095  Premiums written; restrictions.-
297     (7)  For purposes of ss. 624.407 and 624.408 and this
298section, with regard to capital and surplus required, gross
299written premiums for federal multiple-peril crop insurance that
300is ceded to the Federal Crop Insurance Corporation and
301authorized reinsurers shall not be included when calculating the
302insurer's gross writing ratio. The liabilities for ceded
303reinsurance premiums payable for federal multiple-peril crop
304insurance ceded to the Federal Crop Insurance Corporation and
305authorized reinsurers shall be netted against the asset for
306amounts recoverable from reinsurers. Each insurer that writes
307other insurance products together with federal multiple-peril
308crop insurance shall disclose in the notes to the annual and
309quarterly financial statement, or file a supplement to the
310financial statement that discloses, a breakout of the gross
311written premiums for federal multiple-peril crop insurance.
312     Section 8.  Section 823.145, Florida Statutes, is amended
313to read:
314     823.145  Disposal by open burning of certain materials
315mulch plastic used in agricultural operations.-Polyethylene
316agricultural mulch plastic; damaged, nonsalvageable, untreated
317wood pallets; and packing material that cannot be feasibly
318recycled, which are used in connection with agricultural
319operations related to the growing, harvesting, or maintenance of
320crops, may be disposed of by open burning provided that no
321public nuisance or any condition adversely affecting the
322environment or the public health is created thereby and that
323state or federal national ambient air quality standards are not
324violated.
325     Section 9.  This act shall take effect July 1, 2011.


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