Florida Senate - 2013                                    SB 1590
       
       
       
       By Senator Evers
       
       
       
       
       2-00940-13                                            20131590__
    1                        A bill to be entitled                      
    2         An act relating to management and storage of surface
    3         waters; amending s. 373.406, F.S.; expanding an
    4         exemption to include activities that require a permit
    5         issued by a local government which is similar to an
    6         environmental resource permit; amending s. 373.407,
    7         F.S.; authorizing a local government to request the
    8         Department of Agriculture and Consumer Services to
    9         make a binding determination as to whether an existing
   10         or proposed activity qualifies for an agricultural
   11         related exemption; requiring a local government to
   12         comply with the memorandum of agreement between the
   13         department and the water management district having
   14         jurisdiction; requiring a local government to provide
   15         certain information to the department; providing an
   16         effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (2) of section 373.406, Florida
   21  Statutes, is amended to read:
   22         373.406 Exemptions.—The following exemptions shall apply:
   23         (2) Notwithstanding s. 403.927, nothing herein, or in any
   24  rule, regulation, or order adopted pursuant hereto, shall be
   25  construed to affect the right of any person engaged in the
   26  occupation of agriculture, silviculture, floriculture, or
   27  horticulture to alter the topography of any tract of land,
   28  including, but not limited to, activities that may impede or
   29  divert the flow of surface waters or adversely impact wetlands,
   30  for purposes consistent with the normal and customary practice
   31  of such occupation in the area. However, such alteration or
   32  activity may not be for the sole or predominant purpose of
   33  impeding or diverting the flow of surface waters or adversely
   34  impacting wetlands. This exemption applies to lands classified
   35  as agricultural pursuant to s. 193.461 and to activities
   36  requiring an environmental resource permit pursuant to this part
   37  or any similar permit issued by a local government. This
   38  exemption does not apply to any activities previously authorized
   39  by an environmental resource permit or a management and storage
   40  of surface water permit issued pursuant to this part or a dredge
   41  and fill permit issued pursuant to chapter 403. This exemption
   42  has retroactive application to July 1, 1984.
   43         Section 2. Section 373.407, Florida Statutes, is amended to
   44  read:
   45         373.407 Determination of qualification for an agricultural
   46  related exemption.—In the event of a dispute as to the
   47  applicability of an exemption, a water management district,
   48  local government, or landowner may request the Department of
   49  Agriculture and Consumer Services to make a binding
   50  determination as to whether an existing or proposed activity
   51  qualifies for an agricultural-related exemption under s.
   52  373.406(2). The Department of Agriculture and Consumer Services
   53  and each water management district shall enter into a memorandum
   54  of agreement or amend an existing memorandum of agreement which
   55  sets forth processes and procedures by which the Department of
   56  Agriculture and Consumer Services shall undertake its review,
   57  make a determination effectively and efficiently, and provide
   58  notice of its determination to the applicable water management
   59  district, local government, or landowner. A local government
   60  must comply with the memorandum of agreement entered into by the
   61  water management district having jurisdiction and, upon
   62  receiving notice of a determination from the Department of
   63  Agriculture and Consumer Services, must provide to the
   64  department the contact information of all affected persons to
   65  whom notice must also be given. The Department of Agriculture
   66  and Consumer Services has exclusive authority to make the
   67  determination under this section and may adopt rules to
   68  implement this section and s. 373.406(2).
   69         Section 3. This act shall take effect July 1, 2013.