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A bill to be entitled

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An act relating to agriculture and consumer services;

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amending s. 163.3162, F.S.; prohibiting county government

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imposition of an assessment or fee for stormwater

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management on agricultural land meeting certain

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requirements; amending s. 205.064, F.S.; expanding

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eligibility for exemption from a local business tax

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receipt for the privilege of selling specified products;

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amending s. 373.1395, F.S.; providing indemnity for an

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agricultural landowner for an easement or any other right

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secured by a water management district for access to lands

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the district provides or makes available to the public;

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delineating what is covered by indemnification for

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landowners and water management districts; providing that

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agricultural landowners and water management districts are

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liable for gross negligence and certain other acts as

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specified; creating s. 500.70, F.S.; delineating

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requirements for a tomato farmer, packer, repacker, or

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handler to be considered in compliance with state food

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safety microbial standards and guidelines; amending s.

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570.07, F.S.; providing that the Department of Agriculture

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and Consumer Services may adopt by rule comprehensive

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best-management practices for agricultural production and

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food safety; amending s. 583.13, F.S.; revising the

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labeling and advertising requirements for dressed poultry;

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amending s. 604.15, F.S.; revising a definition to make

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tropical foliage exempt from regulation under provisions

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relating to dealers in agricultural products; amending s.

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604.50, F.S.; expanding county and municipal exemptions

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for nonresidential farm buildings to include permits and

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impact fees; 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 certain limitations on such

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burning; amending s. 849.094, F.S.; providing for

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computer-based electronic sweepstakes game promotions in

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connection with the sale of a consumer product or service;

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providing operator requirements; requiring the written

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approval of the Department of Agriculture and Consumer

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Services; 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 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 best management practices, interim

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measures, or regulations 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; or

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if such activity is expressly regulated by the United States

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Department of Agriculture, the United States Army Corps of

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Engineers, or the United States Environmental Protection Agency.

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A county may not impose an assessment or fee for stormwater

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management on land classified as agricultural land pursuant to s.

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193.461, if the agricultural operation has an agricultural

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discharge 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 under chapter 120 as part of a

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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 best management practice, regulation, or interim

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measure does not specifically address wellfield protection, a

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county may regulate that activity pursuant to such ordinance.

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This subsection does not limit the powers and duties provided for

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in s. 373.4592 or limit the powers and duties of any county to

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address an emergency 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.  Subsection (2) and paragraph (a) of subsection

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(3) of section 373.1395, Florida Statutes, are amended, present

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subsection (4) of that section is renumbered as subsection (5)

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and amended, present subsection (5) of that section is renumbered

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as subsection (6), and a new subsection (4) is added to that

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section, to read:

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     373.1395  Limitation on liability of water management

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district with respect to areas made available to the public for

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recreational purposes without charge.--

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     (2) Except as provided in subsection (5) (4), a water

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management district that provides the public with a park area or

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other land for outdoor recreational purposes, or allows access

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over district lands for recreational purposes, owes no duty of

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care to keep that park area or land safe for entry or use by

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others or to give warning to persons entering or going on that

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park area or land of any hazardous conditions, structures, or

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activities thereon. A water management district that provides the

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public with a park area or other land for outdoor recreational

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purposes does not, by providing that park area or land, extend

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any assurance that such park area or land is safe for any

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purpose, does not incur any duty of care toward a person who goes

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on that park area or land, and is not responsible for any injury

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to persons or property caused by an act or omission of a person

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who goes on that park area or land. This subsection does not

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apply if there is any charge made or usually made for entering or

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using the park area or land, or if any commercial or other

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activity from which profit is derived from the patronage of the

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public is conducted on such park area or land or any part

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thereof.

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     (3)(a) Except as provided in subsection (5) (4), a water

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management district that leases any land or water area to the

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state for outdoor recreational purposes, or for access to outdoor

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recreational purposes, owes no duty of care to keep that land or

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water area safe for entry or use by others or to give warning to

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persons entering or going on that land or water of any hazardous

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conditions, structures, or activities thereon. A water management

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district that leases a land or water area to the state for

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outdoor recreational purposes does not, by giving such lease,

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extend any assurance that such land or water area is safe for any

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purpose, incur any duty of care toward a person who goes on the

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leased land or water area, and is not responsible for any injury

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to persons or property caused by an act or omission of a person

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who goes on the leased land or water area.

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     (4) Where a water management district has secured an

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easement or other right that is being used for the purpose of

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providing access through private land classified as agricultural

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land pursuant to s. 193.461 to lands that the water management

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district provides or makes available to the public for outdoor

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recreational purposes, the water management district shall

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indemnify and save harmless the owner of the agricultural land

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from any liability arising from use of such easement by the

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general public or by the employees and agents of the water

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management district or other regulatory agencies. Except as

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provided in subsection (5), a water management district that

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enters into such easement owes no duty of care to keep that

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access area safe for entry or use by others or to give warning to

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persons entering or going on that access area of any hazardous

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conditions, structures, or activities thereon. A water management

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district that secures such an easement does not, by securing the

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easement, extend any assurance that such access area is safe for

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any purpose or incur any duty of care toward a person who goes on

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the access area and is not responsible for any injury to persons

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or property caused by an act of omission of a person who uses the

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access area.

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     (5)(4) This section does not relieve any water management

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district or agricultural landowner of any liability that would

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otherwise exist for gross negligence or a deliberate, willful, or

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malicious injury to a person or property. This section does not

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create or increase the liability of any water management district

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or person beyond that which is authorized by s. 768.28.

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     (6)(5) The term "outdoor recreational purposes," as used in

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this section, includes activities such as, but not limited to,

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horseback riding, hunting, fishing, bicycling, swimming, boating,

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camping, picnicking, hiking, pleasure driving, nature study,

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water skiing, motorcycling, and visiting historical,

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archaeological, scenic, or scientific sites.

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     Section 4.  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 5.  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 ss. 120.536(1) and 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 6.  Section 582.13, Florida Statutes, is amended to

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read:

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     583.13  Labeling and advertising requirements for dressed

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poultry; unlawful acts.--

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     (1)  It is unlawful for any dealer or broker to sell, offer

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for sale, or hold for the purpose of sale in the state any

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dressed or ready-to-cook poultry in bulk unless such poultry is

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packed in a container clearly bearing a label, not less than 3

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inches by 5 inches, on which shall be plainly and legibly

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printed, in letters not less than one-fourth inch 1/4 in height,

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the grade and the part name or whole-bird statement of such

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poultry. The grade may be expressed in the term "premium,"

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"good," or "standard," or as the grade of another state or

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federal agency the standards of quality of which, by law, are

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equal to the standards of quality provided by this law and rules

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promulgated hereunder.

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     (2)  It is unlawful to sell unpackaged dressed or ready-to-

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cook poultry at retail unless such poultry is labeled by a

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placard immediately adjacent to the poultry or unless each bird

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is individually labeled to show the grade and the part name or

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whole-bird statement. The placard shall be no smaller than 7

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inches by 7 inches in size, and the required labeling information

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shall be legibly and plainly printed on the placard in letters

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not smaller than 1 inch in height.

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     (3)  It is unlawful to sell packaged dressed or ready-to-

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cook poultry at retail unless such poultry is labeled to show the

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grade, the part name or whole-bird statement, the net weight of

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the poultry, and the name and address of the dealer. The size of

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the type on the label must be one-eighth inch or larger. A

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placard immediately adjacent to such poultry may be used to

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indicate the grade and the part name or whole-bird statement, but

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not the net weight of the poultry or the name and address of the

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dealer.

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     (4)  It is unlawful to use dressed or ready-to-cook poultry

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in bulk in the preparation of food served to the public, or to

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hold such poultry for the purpose of such use, unless the poultry

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when received was packed in a container clearly bearing a label,

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not less than 3 inches by 5 inches, on which was plainly and

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legibly printed, in letters not less than one-fourth inch in

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height, the grade and the part name or whole-bird statement of

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such poultry. The grade may be expressed in the term "premium,"

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"good," or "standard," or as the grade of another state or

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federal agency the standards of quality of which, by law, are

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equal to the standards of quality provided by this law and rules

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promulgated hereunder.

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     (5)  It is unlawful to offer dressed or ready-to-cook

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poultry for sale in any advertisement in a newspaper or circular,

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on radio or television, or in any other form of advertising

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without plainly designating in such advertisement the grade and

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the part name or whole-bird statement of such poultry.

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     Section 7.  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 8.  Section 604.50, Florida Statutes, is amended to

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read:

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     604.50  Nonresidential farm buildings.--Notwithstanding any

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other law to the contrary, any nonresidential farm building is

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exempt from the Florida Building Code and any county or municipal

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permit, building code, or impact fee. For purposes of this

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section, the term "nonresidential farm building" means any

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building or support structure that is used for agricultural

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purposes, is located on a farm that is not used as a residential

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dwelling, and is located on land that is an integral part of a

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farm operation or is classified as agricultural land under s.

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193.461. The term "farm" is as defined in s. 823.14.

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     Section 9.  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 10.  Present subsections (8), (9), and (10) of

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section 849.094, Florida Statutes, are renumbered as subsections

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(9), (10), and (11), respectively, and a new subsection (8) is

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added to that section, to read:

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     849.094  Game promotion in connection with sale of consumer

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products or services.--

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     (8) An operator who elects to conduct a computer-based

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electronic sweepstakes game promotion in connection with the sale

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of any consumer product or service, regardless of the total

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announced value of the prizes, shall receive written approval

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from the Department of Agriculture and Consumer Services in order

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to conduct the game promotion if the operator:

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     (a) Files an electronic sweepstakes game promotion

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application with the Department of Agriculture and Consumer

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Services and provides a complete list of available sweepstake

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prizes and the odds of winning each prize and pays any applicable

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fees per computer terminal;

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     (b) Establishes a trust account or posts a surety bond in

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the amount of $1 million, unless exempted by the Department of

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Agriculture and Consumer Services pursuant to paragraph (4)(b);

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and

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     (c) Obtains an independent certification from a gaming

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device testing laboratory approved by the Department of

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Agriculture and Consumer Services or the Department of Business

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and Professional Regulation confirming that the computer-based

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electronic sweepstakes game promotion is using a finite software

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game system to determine sweepstake winners and all advertised

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prizes are obtainable. An operator who has conducted game

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promotions in this state for at least 5 consecutive years and who

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has not had any civil, criminal, or administrative action

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instituted against him or her by an agency of the state for a

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violation of this section within that 5-year period may be

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exempted from this subsection.

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     Section 11.  This act shall take effect July 1, 2008.