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Senators Dean and Alexander moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 474

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and insert:

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     Section 2.  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 by rule under chapter 120 as part

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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 under s. 193.461 if the agricultural

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operation has an agricultural discharge permit, an environmental

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resource permit, or implements best management practices

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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 by rule as part of a statewide or

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regional program unless the assessment or fee provides water

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quality treatment or flood control benefits to the agricultural

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land or agricultural operation and the assessment or fee provides

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credits for the water quality treatment and flood control

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benefits provided by the implementation of agricultural

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stormwater controls, permits, or the best management practices.

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

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within 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 may shall

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not be deemed to be duplication of regulation.

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     Section 3.  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 line(s) 2-35

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and insert:

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An act relating to agriculture; creating s. 570.345, F.S.;

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establishing the Pest Control Compact; providing for

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enactment of the compact; requiring the Commissioner of

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Agriculture to administer the compact; requiring that an

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application for assistance under the compact be made by

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the commissioner; providing for crediting of funds to

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appropriate accounts of a state treasury under certain

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circumstances; providing findings with respect to the need

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for all states to cooperate in pest-eradication and

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control programs; providing definitions; providing for the

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establishment of the Pest Control Insurance Fund for the

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purpose of financing pest-control operations under the

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compact; specifying sources of funds deposited into the

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Pest Control Insurance Fund and any conditions that may be

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placed on such funds; providing for the Pest Control

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Insurance Fund to be administered by a Governing Board and

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Executive Committee; providing for the internal operations

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and management of the Governing Board; requiring an annual

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report to the Governor and Legislature of each state that

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is a party to the compact; providing for the

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administration of the compact and the Pest Control

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Insurance Fund; providing procedures for applying for an

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expenditure from the fund; providing for a determination

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with respect to expenditures from the fund and for the

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review thereof; authorizing the Governing Board to

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establish advisory and technical committees; providing for

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an application for assistance from the fund on behalf of a

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nonparty state; providing requirements for the fund with

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respect to preparing budgets and maintaining financial

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assets; prohibiting a pledge of the assets of a state that

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is a party to the compact; providing for the compact to

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enter into force upon its enactment by five or more

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states; providing a procedure for a state to withdraw from

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the compact; providing for construction and severability;

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amending s. 163.3162, F.S.; prohibiting a county from

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imposing an assessment or fee on certain agricultural

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lands; providing an exception;

5/1/2008  12:14:00 PM     3-09450-08