CS/CS/HB 761

A bill to be entitled
2An act relating to agriculture; repealing s. 106.082,
3F.S., relating to campaign contributions to Commissioner
4of Agriculture candidates; amending s. 163.3162, F.S.;
5prohibiting county government enforcement of certain
6ordinances, resolutions, regulations, rules, or policies
7relating to certain activities of bona fide farm operation
8on land classified as agricultural; allowing county
9government imposition of an assessment or fee for
10stormwater management on agricultural land under certain
11conditions; prohibiting county government imposition of an
12assessment or fee for stormwater management on
13agricultural land meeting certain requirements; providing
14for the county to enforce certain ordinances, regulations,
15or rules adopted prior to a date certain; amending s.
16205.064, F.S.; expanding eligibility for exemption from a
17local business tax receipt for the privilege of selling
18specified products; creating s. 500.70, F.S.; delineating
19requirements for a tomato farmer, packer, repacker, or
20handler to be considered in compliance with state food
21safety microbial standards and guidelines; amending s.
22570.07, F.S.; providing that the Department of Agriculture
23and Consumer Services may adopt by rule comprehensive best
24management practices for agricultural production and food
25safety; amending s. 581.091, F.S.; providing conditions
26for use of Casuarina cunninghamiana as a windbreak for
27commercial citrus groves; defining the term "commercial
28citrus grove"; providing for permitting and permit fees;
29providing for destruction of Casuarina cunninghamiana;
30specifying responsibility and liability for removal and
31destruction of such trees; providing that use as a
32windbreak does not preclude research or release of agents
33to control Casuarina spp.; providing that the use of
34Casuarina cunninghamiana for windbreaks does not interfere
35with or restrict efforts to manage or control noxious
36weeds or invasive plants; prohibiting any other agency or
37local government from removing Casuarina cunninghamiana
38planted as a windbreak under special permit; amending s.
39604.15, F.S.; revising a definition to make tropical
40foliage exempt from regulation under provisions relating
41to dealers in agricultural products; amending s. 823.145,
42F.S.; expanding the materials used in agricultural
43operations that can be openly burned; providing certain
44limitations on such burning; providing an effective date.
46Be It Enacted by the Legislature of the State of Florida:
48     Section 1.  Section 106.082, Florida Statutes, is repealed.
49     Section 2.  Subsection (4) of section 163.3162, Florida
50Statutes, is amended to read:
51     163.3162  Agricultural Lands and Practices Act.--
52     (4)  DUPLICATION OF REGULATION.--Except as otherwise
53provided in this section and s. 487.051(2), and notwithstanding
54any other law, including any provision of chapter 125 or this
55chapter, a county may not exercise any of its powers to adopt or
56enforce any ordinance, resolution, regulation, rule, or policy
57to prohibit, restrict, regulate, or otherwise limit an activity
58of a bona fide farm operation on land classified as agricultural
59land pursuant to s. 193.461, if such activity is regulated
60through implemented best management practices, interim measures,
61or regulations developed by the Department of Environmental
62Protection, the Department of Agriculture and Consumer Services,
63or a water management district and adopted under chapter 120 as
64part of a statewide or regional program; or if such activity is
65expressly regulated by the United States Department of
66Agriculture, the United States Army Corps of Engineers, or the
67United States Environmental Protection Agency. A local
68government may impose a stormwater management fee or assessment
69on lands classified as agricultural pursuant to s. 193.461
70provided the agricultural lands contribute to municipal separate
71stormwater system permitted facilities and credits against the
72cost of the fees or assessments are provided according to the
73amount of water quality treatment and water quantity management
74achieved by best management practices implemented according to
75rules adopted by the Department of Agriculture and Consumer
76Services or a water management district. The amount of credit
77shall be determined by the local government after consultation
78with the Department of Agriculture and Consumer Services.  
79However, a local government shall not impose a stormwater
80management fee or assessment on agricultural lands used for
81forestry or unimproved pasture or on such agricultural lands
82where activities are governed by an agricultural discharge
83permit or environmental resource permit which specifically
84addresses the stormwater management requirements of the
85municipal separate stormwater system permit.
86     (a)  When an activity of a farm operation takes place
87within a wellfield protection area as defined in any wellfield
88protection ordinance adopted by a county, and the implemented
89best management practice, regulation, or interim measure does
90not specifically address wellfield protection, a county may
91regulate that activity pursuant to such ordinance. This
92subsection does not limit the powers and duties provided for in
93s. 373.4592 or limit the powers and duties of any county to
94address an emergency as provided for in chapter 252.
95     (b)  This subsection may not be construed to permit an
96existing farm operation to change to a more excessive farm
97operation with regard to traffic, noise, odor, dust, or fumes
98where the existing farm operation is adjacent to an established
99homestead or business on March 15, 1982.
100     (c)  This subsection does not limit the powers of a
101predominantly urbanized county with a population greater than
1021,500,000 and more than 25 municipalities, not operating under a
103home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
104VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
105VIII of the Constitution of 1968, which has a delegated
106pollution control program under s. 403.182 and includes drainage
107basins that are part of the Everglades Stormwater Program, to
108enact ordinances, regulations, or other measures to comply with
109the provisions of s. 373.4592, or which are necessary to
110carrying out a county's duties pursuant to the terms and
111conditions of any environmental program delegated to the county
112by agreement with a state agency.
113     (d)  For purposes of this subsection, a county ordinance
114that regulates the transportation or land application of
115domestic wastewater residuals or other forms of sewage sludge
116shall not be deemed to be duplication of regulation.
117     (e)  This subsection does not limit the powers of a county
118to enforce applicable wetland protection ordinances,
119regulations, or rules duly adopted prior to April 1, 2008.
120     Section 3.  Subsection (1) of section 205.064, Florida
121Statutes, is amended to read:
122     205.064  Farm, aquacultural, grove, horticultural,
123floricultural, tropical piscicultural, and tropical fish farm
124products; certain exemptions.--
125     (1)  A local business tax receipt is not required of any
126natural person for the privilege of engaging in the selling of
127farm, aquacultural, grove, horticultural, floricultural,
128tropical piscicultural, or tropical fish farm products, or
129products manufactured therefrom, except intoxicating liquors,
130wine, or beer, when such products were grown or produced by such
131natural person in the state.
132     Section 4.  Section 500.70, Florida Statutes, is created to
134     500.70  Food safety compliance relating to tomatoes.-- A
135tomato farmer, packer, repacker, or handler that implements
136applicable good agricultural practices and best management
137practices according to rules adopted by the department is
138considered to have acted in good faith, with reasonable care,
139and in compliance with state food safety microbial standards or
140guidelines unless a violation of or noncompliance with such
141measures can be shown through inspections.
142     Section 5.  Subsection (10) of section 570.07, Florida
143Statutes, is amended to read:
144     570.07  Department of Agriculture and Consumer Services;
145functions, powers, and duties.--The department shall have and
146exercise the following functions, powers, and duties:
147     (10)  To act as adviser to producers and distributors, when
148requested, and to assist them in the economical and efficient
149distribution of their agricultural products and to encourage
150cooperative effort among producers to gain economical and
151efficient production of agricultural products. The department
152may adopt by rule, pursuant to ss. 120.536(1) and 120.54,
153comprehensive best management practices for agricultural
154production and food safety.
155     Section 6.  Subsection (5) is added to section 581.091,
156Florida Statutes, to read:
157     581.091  Noxious weeds and infected plants or regulated
158articles; sale or distribution; receipt; information to
159department; withholding information.--
160     (5)(a)  Notwithstanding any other provision of state law or
161rule, a person may obtain a special permit from the department
162to plant Casuarina cunninghamiana as a windbreak for a
163commercial citrus grove provided the plants are produced in an
164authorized registered nursery and certified by the department as
165being vegetatively propagated from male plants. A "commercial
166citrus grove" means a contiguous planting of 100 or more citrus
167trees where citrus fruit is produced for sale.
168     (b)  For a 5-year period, special permits authorizing a
169person to plant Casuarina cunninghamiana shall be issued only as
170part of a pilot program for fresh fruit groves in areas of
171Indian River, St. Lucie, and Martin Counties where citrus canker
172is determined by the department to be widespread. The pilot
173program shall be reevaluated annually and a comprehensive review
174shall be conducted in 2013. The purpose of the annual and 5-year
175reviews is to determine if the use of Casuarina cunninghamiana
176as an agricultural pest and disease windbreak poses any adverse
177environmental consequences. At the end of the 5-year pilot
178program, if the Noxious Weed and Invasive Plant Review
179Committee, created by the department, and the Department of
180Environmental Protection, in consultation with a representative
181of the citrus industry who has a Casuarina cunninghamiana
182windbreak, determine that the potential is low for adverse
183environmental impacts from planting Casuarina cunninghamiana as
184windbreaks, the department may, by rule, allow the use of
185Casuarina cunninghamiana windbreaks for commercial citrus groves
186in other areas of the state. If it is determined at the end of
187the 5-year pilot program that additional time is needed to
188further evaluate Casuarina cunninghamiana, the department will
189remain the lead agency.
190     (c)  Each application for a special permit shall be
191accompanied by a fee in an amount determined by the department,
192by rule, not to exceed $500. A special permit shall be required
193for each noncontiguous commercial citrus grove and shall be
194renewed every 5 years. The property owner is responsible for
195maintaining and producing for inspection the original nursery
196invoice with certification documentation. If ownership of the
197property is transferred, the seller must notify the department
198and provide the buyer with a copy of the special permit and
199copies of all invoices and certification documentation prior to
200the closing of the sale.
201     (d)  Each application shall include a baseline survey of
202all lands within 500 feet of the proposed Casuarina
203cunninghamiana windbreak showing the location and identification
204to species of all existing Casuarina spp.
205     (e)  Nurseries authorized to produce Casuarina
206cunninghamiana must obtain a special permit from the department
207certifying that the plants have been vegetatively propagated
208from sexually mature male source trees currently grown in the
209state. The importation of Casuarina cunninghamiana from any area
210outside the state to be used as a propagation source tree is
211prohibited. Each male source tree must be registered by the
212department as being a horticulturally true to type male plant
213and be labeled with a source tree registration number. Each
214nursery application for a special permit shall be accompanied by
215a fee in an amount determined by the department, by rule, not to
216exceed $200. Special permits shall be renewed annually. The
217department shall, by rule, set the amount of an annual fee, not
218to exceed $50, for each Casuarina cunninghamiana registered as a
219source tree. Nurseries may only sell Casuarina cunninghamiana to
220a person with a special permit as specified in paragraphs (a)
221and (b). The source tree registration numbers of the parent
222plants must be documented on each invoice or other certification
223documentation provided to the buyer.
224     (f)  All Casuarina cunninghamiana must be destroyed by the
225property owner within 6 months after:
226     1.  The property owner takes permanent action to no longer
227use the site for commercial citrus production;
228     2.  The site has not been used for commercial citrus
229production for a period of 5 years; or
230     3.  The department determines that the Casuarina
231cunninghamiana on the site has become invasive. This
232determination shall be based on, but not limited to, the
233recommendation of the Noxious Weed and Invasive Plant Review
234Committee and the Department of Environmental Protection and in
235consultation with a representative of the citrus industry who
236has a Casuarina cunninghamiana windbreak.
238If the owner or person in charge refuses or neglects to comply,
239the director or her or his authorized representative may, under
240authority of the department, proceed to destroy the plants. The
241expense of the destruction shall be assessed, collected, and
242enforced against the owner by the department. If the owner does
243not pay the assessed cost, the department may record a lien
244against the property.
245     (g)  The use of Casuarina cunninghamiana for windbreaks
246shall not preclude the department from issuing permits for the
247research or release of biological control agents to control
248Casuarina spp. in accordance with s. 581.083.
249     (h)  The use of Casuarina cunninghamiana for windbreaks
250shall not restrict or interfere with any other agency or local
251government effort to manage or control noxious weeds or invasive
252plants, including Casuarina cunninghamiana, nor shall any other
253agency or local government remove any Casuarina cunninghamiana
254planted as a windbreak under special permit issued by the
256     (i)  The department shall develop and implement a
257monitoring protocol to determine invasiveness of Casuarina
258cunninghamiana. The monitoring protocol shall at a minimum,
260     1.  Inspection of the planting site by department
261inspectors within 30 days following initial planting or any
262subsequent planting of Casuarina cunninghamiana to ensure the
263criteria of the special permit have been met.
264     2.  Annual site inspections of planting sites and all lands
265within 500 feet of the planted windbreak by department
266inspectors who have been trained to identify Casuarina spp. and
267to make determinations of whether Casuarina cunninghamiana has
268spread beyond the permitted windbreak location.
269     3.  Any new seedlings found within 500 feet of the planted
270windbreak to be removed, identified to the species level, and
271evaluated to determine if hybridization has occurred.
272     4.  The department to submit an annual report and a final
2735-year evaluation identifying any adverse effects resulting from
274the planting of Casuarina cunninghamiana for windbreaks and
275documenting all inspections and the results of those inspections
276to the Noxious Weed and Invasive Plant Review Committee, the
277Department of Environmental Protection, and a designated
278representative of the citrus industry who has a Casuarina
279cunninghamiana windbreak.
280     (j)  If the department determines that female flowers or
281cones have been produced on any Casuarina cunninghamiana that
282have been planted under a special permit issued by the
283department, the property owner shall be responsible for
284destroying the trees. The department shall notify the property
285owner of the timeframe and method of destruction.
286     (k)  If at any time the department determines that
287hybridization has occurred during the pilot program between
288Casuarina cunninghamiana planted as a windbreak and other
289Casuarina spp., the department shall expeditiously initiate
290research to determine the invasiveness of the hybrid. The
291information obtained from this research shall be evaluated by
292the Noxious Weed and Invasive Plant Review Committee, the
293Department of Environmental Protection, and a designated
294representative of the citrus industry who has a Casuarina
295cunninghamiana windbreak. If the department determines that the
296hybrids have a high potential to become invasive, based on, but
297not limited to, the recommendation of the Noxious Weed and
298Invasive Plant Review Committee, the Department of Environmental
299Protection, and a designated representative of the citrus
300industry who has a Casuarina cunninghamiana windbreak, this
301pilot program shall be permanently suspended.
302     (l)  Each application for a special permit must be
303accompanied by a fee as described in paragraph (c) and an
304agreement that the property owner will abide by all permit
305conditions including the removal of Casuarina cunninghamiana if
306invasive populations or other adverse environmental factors are
307determined to be present by the department as a result of the
308use of Casuarina cunninghamiana as windbreaks. The application
309must include, on a form provided by the department, the name of
310the applicant and the applicant's address or the address of the
311applicant's principal place of business; a statement of the
312estimated cost of removing and destroying the Casuarina
313cunninghamiana that is the subject of the special permit; and
314the basis for calculating or determining that estimate. If the
315applicant is a corporation, partnership, or other business
316entity, the applicant must also provide in the application the
317name and address of each officer, partner, or managing agent.
318The applicant shall notify the department within 30 business
319days of any change of address or change in the principal place
320of business. The department shall mail all notices to the
321applicant's last known address.
322     1.  Upon obtaining a permit, the permitholder must annually
323maintain the Casuarina cunninghamiana authorized by a special
324permit as required in the permit. If the permitholder ceases to
325maintain the Casuarina cunninghamiana as required by the special
326permit, if the permit expires, or if the permitholder ceases to
327abide by the conditions of the special permit, the permitholder
328shall remove and destroy the Casuarina cunninghamiana in a
329timely manner as specified in the permit.
330     2.  If the department:
331     a.  Determines that the permitholder is no longer
332maintaining the Casuarina cunninghamiana subject to the special
333permit and has not removed and destroyed the Casuarina
334cunninghamiana authorized by the special permit;
335     b.  Determines that the continued use of Casuarina
336cunninghamiana as windbreaks presents an imminent danger to
337public health, safety, or welfare; or
338     c.  Determines that the permitholder has exceeded the
339conditions of the authorized special permit;
341The department may issue an immediate final order, which shall
342be immediately appealable or enjoinable as provided by chapter
343120, directing the permitholder to immediately remove and
344destroy the Casuarina cunninghamiana authorized to be planted
345under the special permit. A copy of the immediate final order
346shall be mailed to the permitholder.
347     3.  If, upon issuance by the department of an immediate
348final order to the permitholder, the permitholder fails to
349remove and destroy the Casuarina cunninghamiana subject to the
350special permit within 60 days after issuance of the order, or
351such shorter period as is designated in the order as public
352health, safety, or welfare requires, the department may remove
353and destroy the Casuarina cunninghamiana that are the subject of
354the special permit. If the permitholder makes a written request
355to the department for an extension of time to remove and destroy
356the Casuarina cunninghamiana that demonstrates specific facts
357showing why the Casuarina cunninghamiana could not reasonably be
358removed and destroyed in the applicable timeframe, the
359department may extend the time for removing and destroying
360Casuarina cunninghamiana subject to a special permit. The
361reasonable costs and expenses incurred by the department for
362removing and destroying Casuarina cunninghamiana subject to a
363special permit shall be paid out of the Citrus Inspection Trust
364Fund and shall be reimbursed by the party to which the immediate
365final order is issued. If the party to which the immediate final
366order has been issued fails to reimburse the state within 60
367days, the department may record a lien on the property. The lien
368shall be enforced by the department.
369     4.  In order to carry out the purposes of this paragraph,
370the department or its agents may require a permitholder to
371provide verified statements of the planted acreage subject to
372the special permit and may review the permitholder's business or
373planting records at her or his place of business during normal
374business hours in order to determine the acreage planted. The
375failure of a permitholder to furnish such statement or to make
376such records available is cause for suspension of the special
377permit. If the department finds such failure to be willful, the
378special permit may be revoked.
379     Section 7.  Subsection (1) of section 604.15, Florida
380Statutes, is amended to read:
381     604.15  Dealers in agricultural products; definitions.--For
382the purpose of ss. 604.15-604.34, the following words and terms,
383when used, shall be construed to mean:
384     (1)  "Agricultural products" means the natural products of
385the farm, nursery, grove, orchard, vineyard, garden, and apiary
386(raw or manufactured); sod; tropical foliage; horticulture; hay;
387livestock; milk and milk products; poultry and poultry products;
388the fruit of the saw palmetto (meaning the fruit of the Serenoa
389repens); limes (meaning the fruit Citrus aurantifolia, variety
390Persian, Tahiti, Bearss, or Florida Key limes); and any other
391nonexempt agricultural products produced in the state, except
392tobacco, sugarcane, tropical foliage, timber and timber
393byproducts, forest products as defined in s. 591.17, and citrus
394other than limes.
395     Section 8.  Section 823.145, Florida Statutes, is amended
396to read:
397     823.145  Disposal by open burning of certain materials
398mulch plastic used in agricultural operations.--Polyethylene
399agricultural mulch plastic; damaged, nonsalvageable, untreated
400wood pallets; and packing material that cannot be feasibly
401recycled, which are used in connection with agricultural
402operations related to the growing, harvesting, or maintenance of
403crops, may be disposed of by open burning provided that no
404public nuisance or any condition adversely affecting the
405environment or the public health is created thereby and that
406state or federal national ambient air quality standards are not
408     Section 9.  This act shall take effect July 1, 2008.

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