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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

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best-management practice for agricultural production and

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food safety; amending s. 581.091, F.S.; providing

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conditions for use of Casuarina cunninghamiana as a

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windbreak for commercial citrus groves; providing for

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permitting and permit fees; providing for destruction of

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Casuarina cunninghamiana; providing that use as a

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windbreak does not preclude research or release of agents

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to control Casuarina spp.; providing that the use of

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Casuarina cunninghamiana for windbreaks does not interfere

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with or restrict efforts to manage or control noxious

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weeds or invasive plants; prohibiting any other agency or

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local government from removing Casuarina cunninghamiana

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planted as a windbreak under special permit; requiring the

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removal of Casuarina cunninghamiana under certain

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conditions; requiring that the permitholder pay the costs

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of removal; providing for a lien against the property of a

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permitholder for failure to pay such costs; amending s.

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604.15, F.S.; revising the term "agricultural products" to

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exempt tropical foliage from regulation; amending s.

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823.145, F.S.; expanding the materials used in

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agricultural operations that can be openly burned;

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providing limitations; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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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 any

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ordinance, resolution, regulation, rule, or policy to prohibit,

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restrict, regulate, or otherwise limit an activity of a bona fide

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farm operation on land classified as agricultural land pursuant

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

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best management practices, interim measures, or regulations

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developed by the Department of Environmental Protection, the

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Department of Agriculture and Consumer Services, or a water

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management district and adopted under chapter 120 as part of a

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statewide or regional program; or if such activity is expressly

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regulated by the United States Department of Agriculture, the

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United States Army Corps of Engineers, or the United States

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Environmental Protection Agency. A county may not impose an

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assessment or fee for stormwater management on land classified as

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agricultural land pursuant to s. 193.461 if the agricultural

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operation has an agricultural discharge permit or implements

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best-management practices developed by the Department of

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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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unless the ordinance imposing the assessment or fee provides

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credits for the water quality and flood control value of the

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best-management practice against the fee or assessment charged

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for stormwater management.

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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 and best-management

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practices 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 (5) is added to section 581.091,

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Florida Statutes, to read:

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     581.091  Noxious weeds and infected plants or regulated

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articles; sale or distribution; receipt; information to

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department; withholding information.--

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     (5)(a) Notwithstanding any other provision of state law or

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rule, a person may obtain a special permit from the department to

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plant Casuarina cunninghamiana as a windbreak for a commercial

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citrus grove if the plants are produced in an authorized

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registered nursery and certified by the department as being

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vegetatively propagated from male plants. A "commercial citrus

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grove" means a contiguous planting of 100 or more citrus trees

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where citrus fruit is produced for sale.

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     (b) For a 5-year period, special permits authorizing a

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person to plant Casuarina cunninghamiana shall be issued only as

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part of a pilot program for fresh fruit groves in areas of Indian

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River, St. Lucie, and Martin Counties where citrus canker is

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determined by the department to be widespread. The pilot program

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shall be reevaluated annually, and a comprehensive review shall

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be conducted in 2013. The purpose of the annual and 5-year review

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is to determine if the use of Casuarina cunninghamiana as an

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agricultural pest and disease windbreak poses any adverse

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environmental consequences. At the end of the 5-year pilot

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program, if the Noxious Weed and Invasive Plant Review Committee,

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created by the department, and the Department of Environmental

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Protection, in consultation with a representative of the citrus

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industry who has a Casuarina cunninghamiana windbreak, determines

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that the potential is low for adverse environmental impacts from

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planting Casuarina cunninghamiana as windbreaks, the department

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may by rule allow the use of Casuarina cunninghamiana windbreaks

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for commercial citrus groves in other areas of the state. If it

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is determined at the end of the 5-year pilot program that

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additional time is needed to further evaluate Casuarina

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cunninghamiana, the department shall remain the lead agency.

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     (c) Each application for a special permit shall be

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accompanied by a fee in an amount determined by the department by

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rule, not to exceed $500. A special permit shall be required for

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each noncontiguous commercial citrus grove and shall be renewed

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every 5 years. The property owner is responsible for maintaining

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and producing for inspection the original nursery invoice with

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certification documentation. If ownership of the property is

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transferred, the seller must notify the department and provide to

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the buyer a copy of the special permit and copies of all invoices

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and certification documentation before the closing of the sale.

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     (d) Each application shall include a baseline survey of all

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lands within 500 feet of the proposed Casuarina cunninghamiana

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windbreak showing the location and identification to species of

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all existing Casuarina spp.

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     (e) Nurseries authorized to produce Casuarina

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cunninghamiana must obtain a special permit from the department

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certifying that the plants have been vegetatively propagated from

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sexually mature male source trees currently grown in the state.

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The importation of Casuarina cunninghamiana from any area outside

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the state to be used as a propagation source tree is prohibited.

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Each male source tree must be registered by the department as

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being a horticulturally true-to-type male plant and be labeled

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with a source tree registration number. Each nursery application

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for a special permit shall be accompanied by a fee in an amount

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determined by the department by rule, not to exceed $200. Special

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permits shall be renewed annually. The department shall set the

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amount of an annual fee by rule, which may not exceed $50, for

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each Casuarina cunninghamiana registered as a source tree.

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Nurseries may sell Casuarina cunninghamiana only to a person who

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has a special permit as specified in paragraphs (a) and (b). The

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source tree registration numbers of the parent plants must be

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documented on each invoice or other certification documentation

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provided to the buyer.

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     (f) All Casuarina cunninghamiana must be destroyed by the

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property owner within 6 months after:

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     1. The property owner takes permanent action to no longer

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use the site for commercial citrus production;

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     2. The site has not been used for commercial citrus

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production for a period of 5 years; or

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     3. The department determines that the Casuarina

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cunninghamiana on the site has become invasive. The department's

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determination shall be based on, but need not limited to, the

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recommendation of the Noxious Weed and Invasive Plant Review

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Committee and the Department of Environmental Protection, in

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consultation with a representative of the citrus industry who has

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a Casuarina cunninghamiana windbreak.

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If the owner or person in charge refuses or neglects to comply,

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the director or his or her authorized representative may, under

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authority of the department, proceed to destroy the plants. The

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expense of the destruction shall be assessed, collected, and

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enforced against the owner by the department. If the owner does

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not pay the assessed cost, the department may record a lien

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against the property.

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     (g) The use of Casuarina cunninghamiana for windbreaks does

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not preclude the department from issuing permits for the research

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or release of biological control agents to control Casuarina spp.

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in accordance with s. 581.083.

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     (h) The use of Casuarina cunninghamiana for windbreaks may

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not restrict or interfere with any other agency or local

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government effort to manage or control noxious weeds or invasive

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plants, including Casuarina cunninghamiana, and another agency

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or local government may not remove any Casuarina cunninghamiana

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planted as a windbreak under a special permit issued by the

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department.

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     (i) The department shall develop and implement a

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monitoring protocol to determine the invasiveness of Casuarina

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cunninghamiana. The monitoring protocol shall, at a minimum,

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require:

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     1. Inspection of the planting site by department

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inspectors within 30 days following initial planting or any

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subsequent planting of Casuarina cunninghamiana to ensure the

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criteria of the special permit have been met.

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     2. Annual site inspections of planting sites and all lands

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within 500 feet of the planted windbreak by department

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inspectors who have been trained to identify Casuarina spp. and

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to make determinations of whether Casuarina cunninghamiana has

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spread beyond the permitted windbreak location.

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     3. The removal of any new seedlings found within 500 feet

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of the planted windbreak, which shall be identified to the

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species level and evaluated to determine if hybridization has

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occurred.

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     4. The department to submit an annual report and a final

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5-year evaluation identifying any adverse effects resulting from

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the planting of Casuarina cunninghamiana for windbreaks and

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documenting all inspections and the results of those inspections

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to the Noxious Weed and Invasive Plant Review Committee, the

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Department of Environmental Protection, and a designated

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representative of the citrus industry who has a Casuarina

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cunninghamiana windbreak.

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     (j) If the department determines that female flowers or

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cones have been produced on any Casuarina cunninghamiana that

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have been planted under a special permit issued by the

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department, the property owner shall destroy the trees. The

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department shall notify the property owner of the timeframe and

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method of destruction.

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     (k) If at any time the department determines that

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hybridization has occurred during the pilot program between

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Casuarina cunninghamiana planted as a windbreak and other

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Casuarina spp., the department shall expeditiously initiate

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research to determine the invasiveness of the hybrid. The

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information obtained from this research shall be evaluated by

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the Noxious Weed and Invasive Plant Review Committee, the

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Department of Environmental Protection, and a designated

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representative of the citrus industry who has a Casuarina

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cunninghamiana windbreak. If the department determines that the

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hybrids have a high potential to become invasive based on, but

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not limited to, the recommendation of the Noxious Weed and

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Invasive Plant Review Committee, the Department of Environmental

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Protection, and a designated representative of the citrus

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industry who has a Casuarina cunninghamiana windbreak, this

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pilot program shall be permanently suspended.

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     (l) Each application for a special permit must be

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accompanied by a fee as described in paragraph (c) and an

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agreement that the property owner shall abide by all permit

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conditions, including the removal of Casuarina cunninghamiana,

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if invasive populations or other adverse environmental factors

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are determined to be present by the department as a result of

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the use of Casuarina cunninghamiana as windbreaks. The

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application must include, on a form provided by the department,

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the name of the applicant, the applicant's address or the

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address of the applicant's principal place of business, a

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statement of the estimated cost of removing and destroying the

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Casuarina cunninghamiana that is the subject of the special

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permit, and the basis for calculating or determining that

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estimate. If the applicant is a corporation, partnership, or

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other business entity, the applicant must also provide in the

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application the name and address of each officer, partner, or

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managing agent. The applicant shall notify the department within

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30 business days after any change of address or change in the

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principal place of business. The department shall mail all

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notices to the applicant's last known address.

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     1. Upon obtaining a permit, the permitholder must annually

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maintain the Casuarina cunninghamiana authorized by a special

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permit as required in the permit. If the permitholder ceases to

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maintain the Casuarina cunninghamiana as required by the special

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permit, if the permit expires, or if the permitholder ceases to

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abide by the conditions of the special permit, the permitholder

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shall remove and destroy the Casuarina cunninghamiana in a

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timely manner as specified in the permit.

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     2. If the department determines that:

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     a. The permitholder is no longer maintaining the Casuarina

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cunninghamiana and has not removed and destroyed the Casuarina

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cunninghamiana authorized by the special permit;

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     b. The continued use of Casuarina cunninghamiana as

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windbreaks presents an imminent danger to public health, safety,

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or welfare; or

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     c. The permitholder has exceeded the conditions of the

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authorized special permit,

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the department may issue an immediate final order, which shall

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be immediately appealable or enjoinable as provided by chapter

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120, directing the permitholder to immediately remove and

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destroy the Casuarina cunninghamiana authorized to be planted

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under the special permit. A copy of the immediate final order

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shall be mailed to the permitholder.

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     3. If, upon issuance by the department of an immediate

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final order to the permitholder, the permitholder fails to

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remove and destroy the Casuarina cunninghamiana subject to the

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special permit within 60 days after issuance of the order, or a

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shorter period as public health, safety, or welfare requires,

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the department may remove and destroy the Casuarina

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cunninghamiana that are the subject of the special permit. If

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the permitholder makes a written request to the department for

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an extension of time to remove and destroy the Casuarina

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cunninghamiana which demonstrates specific facts showing why the

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Casuarina cunninghamiana could not be reasonably removed and

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destroyed in the applicable timeframe, the department may extend

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the time for removing and destroying Casuarina cunninghamiana

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subject to a special permit. The reasonable costs and expenses

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incurred by the department for removing and destroying Casuarina

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cunninghamiana, subject to a special permit, shall be paid out

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of the Citrus Inspection Trust Fund and shall be reimbursed by

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the party to whom the immediate final order is issued. If the

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party to whom the immediate final order has been issued fails to

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reimburse the state within 60 days, the department may record a

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lien on the property. The lien shall be enforced under state law

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by the department.

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     4. In order to carry out the purposes of this subsection,

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the department or its agents may require from any permitholder

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verified statements of the planted acreage subject to the

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special permit and may review the permitholder's business or

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planting records at his or her place of business during normal

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business hours in order to determine the acreage planted. The

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failure of a permitholder to furnish such statement or to make

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such records available is cause for suspension of the special

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permit. If the department finds such failure to be willful, the

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special permit may be revoked.

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     Section 6.  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 7.  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 8.  This act shall take effect July 1, 2008.