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The Committee on Agriculture (Peaden) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (4) of section 163.3162, Florida

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Statutes, is amended to read:

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     163.3162  Agricultural Lands and Practices Act.--

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     (4)  DUPLICATION OF REGULATION.--Except as otherwise

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provided in this section and s. 487.051(2), and notwithstanding

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any other law, including any provision of chapter 125 or this

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chapter, a county may not exercise any of its powers to adopt or

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enforce any ordinance, resolution, regulation, rule, or policy to

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prohibit, restrict, regulate, or otherwise limit an activity of a

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bona fide farm operation on land classified as agricultural land

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pursuant to s. 193.461, if such activity is regulated through

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implemented best management practices, interim measures, or

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regulations developed by the Department of Environmental

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Protection, the Department of Agriculture and Consumer Services,

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or a water management district and adopted under chapter 120 as

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part of a statewide or regional program; or if such activity is

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expressly regulated by the United States Department of

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Agriculture, the United States Army Corps of Engineers, or the

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United States Environmental Protection Agency. A county may not

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impose an assessment or fee for stormwater management on land

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classified as agricultural land pursuant to s. 193.461 if the

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agricultural operation has an agricultural discharge permit or

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implements best management practices developed by the Department

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of Environmental Protection, the Department of Agriculture and

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Consumer Services, or a water management district and adopted

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under chapter 120 as part of a statewide or regional program.

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     (a)  When an activity of a farm operation takes place within

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a wellfield protection area as defined in any wellfield

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protection ordinance adopted by a county, and the implemented

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best management practice, regulation, or interim measure does not

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specifically address wellfield protection, a county may regulate

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that activity pursuant to such ordinance. This subsection does

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not limit the powers and duties provided for in s. 373.4592 or

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limit the powers and duties of any county to address an emergency

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as provided for in chapter 252.

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     (b)  This subsection may not be construed to permit an

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existing farm operation to change to a more excessive farm

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operation with regard to traffic, noise, odor, dust, or fumes

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where the existing farm operation is adjacent to an established

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homestead or business on March 15, 1982.

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     (c)  This subsection does not limit the powers of a

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predominantly urbanized county with a population greater than

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1,500,000 and more than 25 municipalities, not operating under a

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home rule charter adopted pursuant to ss. 10, 11, and 24, Art.

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VIII of the Constitution of 1885, as preserved by s. 6(e), Art.

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VIII of the Constitution of 1968, which has a delegated pollution

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control program under s. 403.182 and includes drainage basins

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that are part of the Everglades Stormwater Program, to enact

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ordinances, regulations, or other measures to comply with the

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provisions of s. 373.4592, or which are necessary to carrying out

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a county's duties pursuant to the terms and conditions of any

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environmental program delegated to the county by agreement with a

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state agency.

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     (d)  For purposes of this subsection, a county ordinance

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that regulates the transportation or land application of domestic

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wastewater residuals or other forms of sewage sludge shall not be

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deemed to be duplication of regulation.

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     Section 2.  Subsection (1) of section 205.064, Florida

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Statutes, is amended to read:

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     205.064  Farm, aquacultural, grove, horticultural,

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floricultural, tropical piscicultural, and tropical fish farm

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products; certain exemptions.--

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     (1)  A local business tax receipt is not required of any

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natural person for the privilege of engaging in the selling of

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farm, aquacultural, grove, horticultural, floricultural, tropical

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piscicultural, or tropical fish farm products, or products

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manufactured therefrom, except intoxicating liquors, wine, or

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beer, when such products were grown or produced by such natural

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person in the state.

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     Section 3.  Section 500.70, Florida Statutes, is created to

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read:

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     500.70 Food safety compliance relating to tomatoes.-- A

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tomato farmer, packer, repacker, or handler that implements

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applicable good agricultural practices (GAPs)and best management

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practices (BMPs) according to rules adopted by the department is

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considered to have acted in good faith, with reasonable care, and

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in compliance with state food safety microbial standards or

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guidelines unless a violation of or noncompliance with such

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measures can be shown through inspections.

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     Section 4.  Subsection (10) of section 570.07, Florida

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Statutes, is amended to read:

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     570.07  Department of Agriculture and Consumer Services;

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functions, powers, and duties.--The department shall have and

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exercise the following functions, powers, and duties:

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     (10)  To act as adviser to producers and distributors, when

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requested, and to assist them in the economical and efficient

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distribution of their agricultural products and to encourage

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cooperative effort among producers to gain economical and

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efficient production of agricultural products. The department may

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adopt by rule, pursuant to s. 120.536(1) and s. 120.54,

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comprehensive best management practices for agricultural

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production and food safety.

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     Section 5.  Subsection (1) of section 604.15, Florida

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Statutes, is amended to read:

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     604.15  Dealers in agricultural products; definitions.--For

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the purpose of ss. 604.15-604.34, the following words and terms,

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when used, shall be construed to mean:

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     (1)  "Agricultural products" means the natural products of

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the farm, nursery, grove, orchard, vineyard, garden, and apiary

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(raw or manufactured); sod; tropical foliage; horticulture; hay;

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livestock; milk and milk products; poultry and poultry products;

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the fruit of the saw palmetto (meaning the fruit of the Serenoa

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repens); limes (meaning the fruit Citrus aurantifolia, variety

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Persian, Tahiti, Bearss, or Florida Key limes); and any other

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nonexempt agricultural products produced in the state, except

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tobacco, sugarcane, tropical foliage, timber and timber

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byproducts, forest products as defined in s. 591.17, and citrus

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other than limes.

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     Section 6.  Section 823.145, Florida Statutes, is amended to

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read:

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     823.145 Disposal by open burning of certain materials mulch

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plastic used in agricultural operations.--Polyethylene

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agricultural mulch plastic; damaged, nonsalvageable, untreated

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wood pallets; and packing material that cannot be feasibly

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recycled, which are used in connection with agricultural

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operations related to the growing, harvesting, or maintenance of

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crops, may be disposed of by open burning provided that no public

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nuisance or any condition adversely affecting the environment or

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the public health is created thereby and that state or federal

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national ambient air quality standards are not violated.

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     Section 7.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to agriculture; amending s. 163.3162,

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F.S.; prohibiting county government imposition of an

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assessment or fee for stormwater management on

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agricultural land meeting certain requirements; amending

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s. 205.064, F.S.; expanding the applicability of an

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exemption from a local business tax receipt for the

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privilege of selling specified products; creating s.

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500.70, F.S.; providing that a tomato farmer, packer,

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repacker, or handler acts in good faith if certain

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requirements are met; amending s. 570.07, F.S.;

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authorizing the Department of Agriculture and Consumer

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Services to adopt rules relating to the comprehensive best

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management practice for agricultural production and food

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safety; amending s. 604.15, F.S.; revising the term

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"agricultural products" to exempt tropical foliage from

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regulation; amending s. 823.145, F.S.; expanding the

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materials used in agricultural operations that can be

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openly burned; providing limitations; providing an

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effective date.

4/7/2008  1:25:00 PM     575-06391B-08