HB 761

A bill to be entitled
2An act relating to agriculture; amending s. 163.3162,
3F.S.; prohibiting county government imposition of a tax,
4assessment, or fee for stormwater management on
5agricultural land meeting certain requirements; amending
6s. 205.064, F.S.; expanding eligibility for exemption from
7a local business tax receipt for the privilege of selling
8specified products; amending s. 373.1395, F.S.; providing
9indemnity for an agricultural landowner for easement or
10any other right secured by a water management district for
11access to lands the district provides or makes available
12to the public; delineating what is covered by
13indemnification for landowners and water management
14districts; providing that agricultural landowners and
15water management districts are liable for gross negligence
16and certain other acts as specified; creating s. 500.70,
17F.S.; delineating requirements for a tomato farmer,
18packer, repacker, or handler to be considered in
19compliance with state food safety microbial standards and
20guidelines; amending s. 570.07, F.S.; providing that the
21Department of Agriculture and Consumer Services may adopt
22by rule comprehensive best management practices for
23agricultural production and food safety; amending s.
24604.15, F.S.; revising a definition to make tropical
25foliage exempt from regulation under provisions relating
26to dealers in agricultural products; amending s. 604.50,
27F.S.; expanding county and municipal exemptions for
28nonresidential farm buildings to include permits and
29impact fees; amending s. 823.145, F.S.; expanding the
30materials used in agricultural operations that can be
31openly burned; providing certain limitations on such
32burning; providing an effective date.
34Be It Enacted by the Legislature of the State of Florida:
36     Section 1.  Subsection (4) of section 163.3162, Florida
37Statutes, is amended to read:
38     163.3162  Agricultural Lands and Practices Act.--
39     (4)  DUPLICATION OF REGULATION.--Except as otherwise
40provided in this section and s. 487.051(2), and notwithstanding
41any other law, including any provision of chapter 125 or this
42chapter, a county may not exercise any of its powers to adopt or
43enforce any ordinance, resolution, regulation, rule, or policy
44to prohibit, restrict, regulate, or otherwise limit an activity
45of a bona fide farm operation on land classified as agricultural
46land pursuant to s. 193.461, if such activity is regulated
47through implemented best management practices, interim measures,
48or regulations developed by the Department of Environmental
49Protection, the Department of Agriculture and Consumer Services,
50or a water management district and adopted under chapter 120 as
51part of a statewide or regional program; or if such activity is
52expressly regulated by the United States Department of
53Agriculture, the United States Army Corps of Engineers, or the
54United States Environmental Protection Agency. A county may not
55impose a tax, assessment, or fee for stormwater management on
56land classified as agricultural land pursuant to s. 193.461, if
57the agricultural operation has an agricultural discharge permit
58or implements best management practices developed by the
59Department of Environmental Protection, the Department of
60Agriculture and Consumer Services, or a water management
61district and adopted under chapter 120 as part of a statewide or
62regional program.
63     (a)  When an activity of a farm operation takes place
64within a wellfield protection area as defined in any wellfield
65protection ordinance adopted by a county, and the implemented
66best management practice, regulation, or interim measure does
67not specifically address wellfield protection, a county may
68regulate that activity pursuant to such ordinance. This
69subsection does not limit the powers and duties provided for in
70s. 373.4592 or limit the powers and duties of any county to
71address an emergency as provided for in chapter 252.
72     (b)  This subsection may not be construed to permit an
73existing farm operation to change to a more excessive farm
74operation with regard to traffic, noise, odor, dust, or fumes
75where the existing farm operation is adjacent to an established
76homestead or business on March 15, 1982.
77     (c)  This subsection does not limit the powers of a
78predominantly urbanized county with a population greater than
791,500,000 and more than 25 municipalities, not operating under a
80home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
81VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
82VIII of the Constitution of 1968, which has a delegated
83pollution control program under s. 403.182 and includes drainage
84basins that are part of the Everglades Stormwater Program, to
85enact ordinances, regulations, or other measures to comply with
86the provisions of s. 373.4592, or which are necessary to
87carrying out a county's duties pursuant to the terms and
88conditions of any environmental program delegated to the county
89by agreement with a state agency.
90     (d)  For purposes of this subsection, a county ordinance
91that regulates the transportation or land application of
92domestic wastewater residuals or other forms of sewage sludge
93shall not be deemed to be duplication of regulation.
94     Section 2.  Subsection (1) of section 205.064, Florida
95Statutes, is amended to read:
96     205.064  Farm, aquacultural, grove, horticultural,
97floricultural, tropical piscicultural, and tropical fish farm
98products; certain exemptions.--
99     (1)  A local business tax receipt is not required of any
100natural person for the privilege of engaging in the selling of
101farm, aquacultural, grove, horticultural, floricultural,
102tropical piscicultural, or tropical fish farm products, or
103products manufactured therefrom, except intoxicating liquors,
104wine, or beer, when such products were grown or produced by such
105natural person in the state.
106     Section 3.  Subsection (2) and paragraph (a) of subsection
107(3) of section 373.1395, Florida Statutes, are amended, present
108subsection (4) is renumbered as subsection (5) and amended,
109present subsection (5) is renumbered as subsection (6), and a
110new subsection (4) is added to that section, to read:
111     373.1395  Limitation on liability of water management
112district with respect to areas made available to the public for
113recreational purposes without charge.--
114     (2)  Except as provided in subsection (5)(4), a water
115management district that provides the public with a park area or
116other land for outdoor recreational purposes, or allows access
117over district lands for recreational purposes, owes no duty of
118care to keep that park area or land safe for entry or use by
119others or to give warning to persons entering or going on that
120park area or land of any hazardous conditions, structures, or
121activities thereon. A water management district that provides
122the public with a park area or other land for outdoor
123recreational purposes does not, by providing that park area or
124land, extend any assurance that such park area or land is safe
125for any purpose, does not incur any duty of care toward a person
126who goes on that park area or land, and is not responsible for
127any injury to persons or property caused by an act or omission
128of a person who goes on that park area or land. This subsection
129does not apply if there is any charge made or usually made for
130entering or using the park area or land, or if any commercial or
131other activity from which profit is derived from the patronage
132of the public is conducted on such park area or land or any part
134     (3)(a)  Except as provided in subsection (5)(4), a water
135management district that leases any land or water area to the
136state for outdoor recreational purposes, or for access to
137outdoor recreational purposes, owes no duty of care to keep that
138land or water area safe for entry or use by others or to give
139warning to persons entering or going on that land or water of
140any hazardous conditions, structures, or activities thereon. A
141water management district that leases a land or water area to
142the state for outdoor recreational purposes does not, by giving
143such lease, extend any assurance that such land or water area is
144safe for any purpose, incur any duty of care toward a person who
145goes on the leased land or water area, and is not responsible
146for any injury to persons or property caused by an act or
147omission of a person who goes on the leased land or water area.
148     (4)  Where a water management district has secured an
149easement, or other right, that is being used for the purpose of
150providing access through private land classified as agricultural
151land pursuant to s. 193.461 to lands that the water management
152district provides or makes available to the public for outdoor
153recreational purposes, the water management district shall
154indemnify and save harmless the owner of the agricultural land
155from any liability arising from use of such easement by the
156general public or by the employees and agents of the water
157management district or other regulatory agencies. Except as
158provided in subsection (5), a water management district that
159enters into such easement owes no duty of care to keep that
160access area safe for entry or use by others or to give warning
161to persons entering or going on that access area of any
162hazardous conditions, structures, or activities thereon. A water
163management district that secures such an easement does not, by
164securing the easement, extend any assurance that such access
165area is safe for any purpose or incur any duty of care toward a
166person who goes on the access area and is not responsible for
167any injury to persons or property caused by an act of omission
168of a person who uses the access area.
169     (5)(4)  This section does not relieve any water management
170district or agricultural landowner of any liability that would
171otherwise exist for gross negligence or a deliberate, willful,
172or malicious injury to a person or property. This section does
173not create or increase the liability of any water management
174district or person beyond that which is authorized by s. 768.28.
175     (6)(5)  The term "outdoor recreational purposes," as used
176in this section, includes activities such as, but not limited
177to, horseback riding, hunting, fishing, bicycling, swimming,
178boating, camping, picnicking, hiking, pleasure driving, nature
179study, water skiing, motorcycling, and visiting historical,
180archaeological, scenic, or scientific sites.
181     Section 4.  Section 500.70, Florida Statutes, is created to
183     500.70  Food safety compliance relating to tomatoes.--A
184tomato farmer, packer, repacker, or handler that implements
185applicable good agricultural practices (GAPs)and best management
186practices (BMPs) according to rules adopted by the department is
187considered to have acted in good faith, with reasonable care,
188and in compliance with state food safety microbial standards or
189guidelines unless a violation of or noncompliance with such
190measures can be shown through inspections.
191     Section 5.  Subsection (10) of section 570.07, Florida
192Statutes, is amended to read:
193     570.07  Department of Agriculture and Consumer Services;
194functions, powers, and duties.--The department shall have and
195exercise the following functions, powers, and duties:
196     (10)  To act as adviser to producers and distributors, when
197requested, and to assist them in the economical and efficient
198distribution of their agricultural products and to encourage
199cooperative effort among producers to gain economical and
200efficient production of agricultural products. The department
201may adopt by rule, pursuant to ss. 120.536(1) and 120.54,
202comprehensive best management practices for agricultural
203production and food safety.
204     Section 6.  Subsection (1) of section 604.15, Florida
205Statutes, is amended to read:
206     604.15  Dealers in agricultural products; definitions.--For
207the purpose of ss. 604.15-604.34, the following words and terms,
208when used, shall be construed to mean:
209     (1)  "Agricultural products" means the natural products of
210the farm, nursery, grove, orchard, vineyard, garden, and apiary
211(raw or manufactured); sod; tropical foliage; horticulture; hay;
212livestock; milk and milk products; poultry and poultry products;
213the fruit of the saw palmetto (meaning the fruit of the Serenoa
214repens); limes (meaning the fruit Citrus aurantifolia, variety
215Persian, Tahiti, Bearss, or Florida Key limes); and any other
216nonexempt agricultural products produced in the state, except
217tobacco, sugarcane, tropical foliage, timber and timber
218byproducts, forest products as defined in s. 591.17, and citrus
219other than limes.
220     Section 7.  Section 604.50, Florida Statutes, is amended to
222     604.50  Nonresidential farm buildings.--Notwithstanding any
223other law to the contrary, any nonresidential farm building is
224exempt from the Florida Building Code and any county or
225municipal permit, building code, or impact fee. For purposes of
226this section, the term "nonresidential farm building" means any
227building or support structure that is used for agricultural
228purposes, is located on a farm that is not used as a residential
229dwelling, and is located on land that is an integral part of a
230farm operation or is classified as agricultural land under s.
231193.461. The term "farm" is as defined in s. 823.14.
232     Section 8.  Section 823.145, Florida Statutes, is amended
233to read:
234     823.145  Disposal by open burning of certain materials
235mulch plastic used in agricultural operations.--Polyethylene
236agricultural mulch plastic; damaged, nonsalvageable, untreated
237wood pallets; and packing material that cannot be feasibly
238recycled, which are used in connection with agricultural
239operations related to the growing, harvesting, or maintenance of
240crops, may be disposed of by open burning provided that no
241public nuisance or any condition adversely affecting the
242environment or the public health is created thereby and that
243state or federal national ambient air quality standards are not
245     Section 9.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.