1 | A bill to be entitled |
2 | An act relating to agriculture; repealing s. 106.082, |
3 | F.S., relating to campaign contributions to Commissioner |
4 | of Agriculture candidates; amending s. 163.3162, F.S.; |
5 | prohibiting county government enforcement of certain |
6 | ordinances, resolutions, regulations, rules, or policies |
7 | relating to certain activities of bona fide farm operation |
8 | on land classified as agricultural; prohibiting the |
9 | imposition or assessment of certain fees on agricultural |
10 | land under certain circumstances; providing exceptions; |
11 | amending s. 205.064, F.S.; expanding eligibility for |
12 | exemption from a local business tax receipt for the |
13 | privilege of selling specified products; creating s. |
14 | 500.70, F.S.; delineating requirements for a tomato |
15 | farmer, packer, repacker, or handler to be considered in |
16 | compliance with state food safety microbial standards and |
17 | guidelines; amending s. 570.07, F.S.; providing that the |
18 | Department of Agriculture and Consumer Services may adopt |
19 | by rule comprehensive best management practices for |
20 | agricultural production and food safety; amending s. |
21 | 581.091, F.S.; providing conditions for use of Casuarina |
22 | cunninghamiana as a windbreak for commercial citrus |
23 | groves; defining the term "commercial citrus grove"; |
24 | providing for permitting and permit fees; providing for |
25 | destruction of Casuarina cunninghamiana; specifying |
26 | responsibility and liability for removal and destruction |
27 | of such trees; providing that use as a windbreak does not |
28 | preclude research or release of agents to control |
29 | Casuarina spp.; providing that the use of Casuarina |
30 | cunninghamiana for windbreaks does not interfere with or |
31 | restrict efforts to manage or control noxious weeds or |
32 | invasive plants; prohibiting any other agency or local |
33 | government from removing Casuarina cunninghamiana planted |
34 | as a windbreak under special permit; amending s. 604.15, |
35 | F.S.; revising a definition to make tropical foliage |
36 | exempt from regulation under provisions relating to |
37 | dealers in agricultural products; amending s. 823.145, |
38 | F.S.; expanding the materials used in agricultural |
39 | operations that can be openly burned; providing certain |
40 | limitations on such burning; providing an effective date. |
41 |
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42 | Be It Enacted by the Legislature of the State of Florida: |
43 |
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44 | Section 1. Section 106.082, Florida Statutes, is repealed. |
45 | Section 2. Subsection (4) of section 163.3162, Florida |
46 | Statutes, is amended to read: |
47 | 163.3162 Agricultural Lands and Practices Act.-- |
48 | (4) DUPLICATION OF REGULATION.--Except as otherwise |
49 | provided in this section and s. 487.051(2), and notwithstanding |
50 | any other law, including any provision of chapter 125 or this |
51 | chapter, a county may not exercise any of its powers to adopt or |
52 | enforce any ordinance, resolution, regulation, rule, or policy |
53 | to prohibit, restrict, regulate, or otherwise limit an activity |
54 | of a bona fide farm operation on land classified as agricultural |
55 | land pursuant to s. 193.461, if such activity is regulated |
56 | through implemented best management practices, interim measures, |
57 | or regulations developed by the Department of Environmental |
58 | Protection, the Department of Agriculture and Consumer Services, |
59 | or a water management district and adopted under chapter 120 as |
60 | part of a statewide or regional program; or if such activity is |
61 | expressly regulated by the United States Department of |
62 | Agriculture, the United States Army Corps of Engineers, or the |
63 | United States Environmental Protection Agency. A county may not |
64 | impose an assessment or fee for stormwater management on land |
65 | classified as agricultural land pursuant to s. 193.461 if the |
66 | agricultural operation has an agricultural discharge permit or |
67 | an environmental resource permit or implements best management |
68 | practices developed by the Department of Environmental |
69 | Protection, the Department of Agriculture and Consumer Services, |
70 | or a water management district pursuant to s. 403.067 and |
71 | adopted under chapter 120 as part of a statewide or regional |
72 | program, except under the following conditions: the ordinance |
73 | imposing the assessment or fee is adopted by a county required |
74 | to obtain a municipal separate storm sewer system permit; |
75 | discharges from the agricultural lands contribute to the |
76 | municipal separate stormwater system permitted facilities; and |
77 | the ordinance provides credits for the water quality and flood |
78 | control provided by implementation of stormwater control |
79 | measures against the fee or assessment charged for stormwater |
80 | management. A county shall not impose a stormwater management |
81 | fee or assessment on lands used for silviculture or unimproved |
82 | pasture. |
83 | (a) When an activity of a farm operation takes place |
84 | within a wellfield protection area as defined in any wellfield |
85 | protection ordinance adopted by a county, and the implemented |
86 | best management practice, regulation, or interim measure does |
87 | not specifically address wellfield protection, a county may |
88 | regulate that activity pursuant to such ordinance. This |
89 | subsection does not limit the powers and duties provided for in |
90 | s. 373.4592 or limit the powers and duties of any county to |
91 | address an emergency as provided for in chapter 252. |
92 | (b) This subsection may not be construed to permit an |
93 | existing farm operation to change to a more excessive farm |
94 | operation with regard to traffic, noise, odor, dust, or fumes |
95 | where the existing farm operation is adjacent to an established |
96 | homestead or business on March 15, 1982. |
97 | (c) This subsection does not limit the powers of a |
98 | predominantly urbanized county with a population greater than |
99 | 1,500,000 and more than 25 municipalities, not operating under a |
100 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
101 | VIII of the Constitution of 1885, as preserved by s. 6(e), Art. |
102 | VIII of the Constitution of 1968, which has a delegated |
103 | pollution control program under s. 403.182 and includes drainage |
104 | basins that are part of the Everglades Stormwater Program, to |
105 | enact ordinances, regulations, or other measures to comply with |
106 | the provisions of s. 373.4592, or which are necessary to |
107 | carrying out a county's duties pursuant to the terms and |
108 | conditions of any environmental program delegated to the county |
109 | by agreement with a state agency. |
110 | (d) For purposes of this subsection, a county ordinance |
111 | that regulates the transportation or land application of |
112 | domestic wastewater residuals or other forms of sewage sludge |
113 | shall not be deemed to be duplication of regulation. |
114 | (e) This subsection does not limit the powers of a county |
115 | to enforce applicable wetland protection ordinances, |
116 | regulations, or rules duly adopted prior to April 1, 2008. |
117 | Section 3. Subsection (1) of section 205.064, Florida |
118 | Statutes, is amended to read: |
119 | 205.064 Farm, aquacultural, grove, horticultural, |
120 | floricultural, tropical piscicultural, and tropical fish farm |
121 | products; certain exemptions.-- |
122 | (1) A local business tax receipt is not required of any |
123 | natural person for the privilege of engaging in the selling of |
124 | farm, aquacultural, grove, horticultural, floricultural, |
125 | tropical piscicultural, or tropical fish farm products, or |
126 | products manufactured therefrom, except intoxicating liquors, |
127 | wine, or beer, when such products were grown or produced by such |
128 | natural person in the state. |
129 | Section 4. Section 500.70, Florida Statutes, is created to |
130 | read: |
131 | 500.70 Food safety compliance relating to tomatoes.-- A |
132 | tomato farmer, packer, repacker, or handler that implements |
133 | applicable good agricultural practices and best management |
134 | practices according to rules adopted by the department is |
135 | considered to have acted in good faith, with reasonable care, |
136 | and in compliance with state food safety microbial standards or |
137 | guidelines unless a violation of or noncompliance with such |
138 | measures can be shown through inspections. |
139 | Section 5. Subsection (10) of section 570.07, Florida |
140 | Statutes, is amended to read: |
141 | 570.07 Department of Agriculture and Consumer Services; |
142 | functions, powers, and duties.--The department shall have and |
143 | exercise the following functions, powers, and duties: |
144 | (10) To act as adviser to producers and distributors, when |
145 | requested, and to assist them in the economical and efficient |
146 | distribution of their agricultural products and to encourage |
147 | cooperative effort among producers to gain economical and |
148 | efficient production of agricultural products. The department |
149 | may adopt by rule, pursuant to ss. 120.536(1) and 120.54, |
150 | comprehensive best management practices for agricultural |
151 | production and food safety. |
152 | Section 6. Subsection (5) is added to section 581.091, |
153 | Florida Statutes, to read: |
154 | 581.091 Noxious weeds and infected plants or regulated |
155 | articles; sale or distribution; receipt; information to |
156 | department; withholding information.-- |
157 | (5)(a) Notwithstanding any other provision of state law or |
158 | rule, a person may obtain a special permit from the department |
159 | to plant Casuarina cunninghamiana as a windbreak for a |
160 | commercial citrus grove provided the plants are produced in an |
161 | authorized registered nursery and certified by the department as |
162 | being vegetatively propagated from male plants. A "commercial |
163 | citrus grove" means a contiguous planting of 100 or more citrus |
164 | trees where citrus fruit is produced for sale. |
165 | (b) For a 5-year period, special permits authorizing a |
166 | person to plant Casuarina cunninghamiana shall be issued only as |
167 | part of a pilot program for fresh fruit groves in areas of |
168 | Indian River, St. Lucie, and Martin Counties where citrus canker |
169 | is determined by the department to be widespread. The pilot |
170 | program shall be reevaluated annually and a comprehensive review |
171 | shall be conducted in 2013. The purpose of the annual and 5-year |
172 | reviews is to determine if the use of Casuarina cunninghamiana |
173 | as an agricultural pest and disease windbreak poses any adverse |
174 | environmental consequences. At the end of the 5-year pilot |
175 | program, if the Noxious Weed and Invasive Plant Review |
176 | Committee, created by the department, and the Department of |
177 | Environmental Protection, in consultation with a representative |
178 | of the citrus industry who has a Casuarina cunninghamiana |
179 | windbreak, determine that the potential is low for adverse |
180 | environmental impacts from planting Casuarina cunninghamiana as |
181 | windbreaks, the department may, by rule, allow the use of |
182 | Casuarina cunninghamiana windbreaks for commercial citrus groves |
183 | in other areas of the state. If it is determined at the end of |
184 | the 5-year pilot program that additional time is needed to |
185 | further evaluate Casuarina cunninghamiana, the department will |
186 | remain the lead agency. |
187 | (c) Each application for a special permit shall be |
188 | accompanied by a fee in an amount determined by the department, |
189 | by rule, not to exceed $500. A special permit shall be required |
190 | for each noncontiguous commercial citrus grove and shall be |
191 | renewed every 5 years. The property owner is responsible for |
192 | maintaining and producing for inspection the original nursery |
193 | invoice with certification documentation. If ownership of the |
194 | property is transferred, the seller must notify the department |
195 | and provide the buyer with a copy of the special permit and |
196 | copies of all invoices and certification documentation prior to |
197 | the closing of the sale. |
198 | (d) Each application shall include a baseline survey of |
199 | all lands within 500 feet of the proposed Casuarina |
200 | cunninghamiana windbreak showing the location and identification |
201 | to species of all existing Casuarina spp. |
202 | (e) Nurseries authorized to produce Casuarina |
203 | cunninghamiana must obtain a special permit from the department |
204 | certifying that the plants have been vegetatively propagated |
205 | from sexually mature male source trees currently grown in the |
206 | state. The importation of Casuarina cunninghamiana from any area |
207 | outside the state to be used as a propagation source tree is |
208 | prohibited. Each male source tree must be registered by the |
209 | department as being a horticulturally true to type male plant |
210 | and be labeled with a source tree registration number. Each |
211 | nursery application for a special permit shall be accompanied by |
212 | a fee in an amount determined by the department, by rule, not to |
213 | exceed $200. Special permits shall be renewed annually. The |
214 | department shall, by rule, set the amount of an annual fee, not |
215 | to exceed $50, for each Casuarina cunninghamiana registered as a |
216 | source tree. Nurseries may only sell Casuarina cunninghamiana to |
217 | a person with a special permit as specified in paragraphs (a) |
218 | and (b). The source tree registration numbers of the parent |
219 | plants must be documented on each invoice or other certification |
220 | documentation provided to the buyer. |
221 | (f) All Casuarina cunninghamiana must be destroyed by the |
222 | property owner within 6 months after: |
223 | 1. The property owner takes permanent action to no longer |
224 | use the site for commercial citrus production; |
225 | 2. The site has not been used for commercial citrus |
226 | production for a period of 5 years; or |
227 | 3. The department determines that the Casuarina |
228 | cunninghamiana on the site has become invasive. This |
229 | determination shall be based on, but not limited to, the |
230 | recommendation of the Noxious Weed and Invasive Plant Review |
231 | Committee and the Department of Environmental Protection and in |
232 | consultation with a representative of the citrus industry who |
233 | has a Casuarina cunninghamiana windbreak. |
234 | |
235 | If the owner or person in charge refuses or neglects to comply, |
236 | the director or her or his authorized representative may, under |
237 | authority of the department, proceed to destroy the plants. The |
238 | expense of the destruction shall be assessed, collected, and |
239 | enforced against the owner by the department. If the owner does |
240 | not pay the assessed cost, the department may record a lien |
241 | against the property. |
242 | (g) The use of Casuarina cunninghamiana for windbreaks |
243 | shall not preclude the department from issuing permits for the |
244 | research or release of biological control agents to control |
245 | Casuarina spp. in accordance with s. 581.083. |
246 | (h) The use of Casuarina cunninghamiana for windbreaks |
247 | shall not restrict or interfere with any other agency or local |
248 | government effort to manage or control noxious weeds or invasive |
249 | plants, including Casuarina cunninghamiana, nor shall any other |
250 | agency or local government remove any Casuarina cunninghamiana |
251 | planted as a windbreak under special permit issued by the |
252 | department. |
253 | (i) The department shall develop and implement a |
254 | monitoring protocol to determine invasiveness of Casuarina |
255 | cunninghamiana. The monitoring protocol shall at a minimum, |
256 | require: |
257 | 1. Inspection of the planting site by department |
258 | inspectors within 30 days following initial planting or any |
259 | subsequent planting of Casuarina cunninghamiana to ensure the |
260 | criteria of the special permit have been met. |
261 | 2. Annual site inspections of planting sites and all lands |
262 | within 500 feet of the planted windbreak by department |
263 | inspectors who have been trained to identify Casuarina spp. and |
264 | to make determinations of whether Casuarina cunninghamiana has |
265 | spread beyond the permitted windbreak location. |
266 | 3. Any new seedlings found within 500 feet of the planted |
267 | windbreak to be removed, identified to the species level, and |
268 | evaluated to determine if hybridization has occurred. |
269 | 4. The department to submit an annual report and a final |
270 | 5-year evaluation identifying any adverse effects resulting from |
271 | the planting of Casuarina cunninghamiana for windbreaks and |
272 | documenting all inspections and the results of those inspections |
273 | to the Noxious Weed and Invasive Plant Review Committee, the |
274 | Department of Environmental Protection, and a designated |
275 | representative of the citrus industry who has a Casuarina |
276 | cunninghamiana windbreak. |
277 | (j) If the department determines that female flowers or |
278 | cones have been produced on any Casuarina cunninghamiana that |
279 | have been planted under a special permit issued by the |
280 | department, the property owner shall be responsible for |
281 | destroying the trees. The department shall notify the property |
282 | owner of the timeframe and method of destruction. |
283 | (k) If at any time the department determines that |
284 | hybridization has occurred during the pilot program between |
285 | Casuarina cunninghamiana planted as a windbreak and other |
286 | Casuarina spp., the department shall expeditiously initiate |
287 | research to determine the invasiveness of the hybrid. The |
288 | information obtained from this research shall be evaluated by |
289 | the Noxious Weed and Invasive Plant Review Committee, the |
290 | Department of Environmental Protection, and a designated |
291 | representative of the citrus industry who has a Casuarina |
292 | cunninghamiana windbreak. If the department determines that the |
293 | hybrids have a high potential to become invasive, based on, but |
294 | not limited to, the recommendation of the Noxious Weed and |
295 | Invasive Plant Review Committee, the Department of Environmental |
296 | Protection, and a designated representative of the citrus |
297 | industry who has a Casuarina cunninghamiana windbreak, this |
298 | pilot program shall be permanently suspended. |
299 | (l) Each application for a special permit must be |
300 | accompanied by a fee as described in paragraph (c) and an |
301 | agreement that the property owner will abide by all permit |
302 | conditions including the removal of Casuarina cunninghamiana if |
303 | invasive populations or other adverse environmental factors are |
304 | determined to be present by the department as a result of the |
305 | use of Casuarina cunninghamiana as windbreaks. The application |
306 | must include, on a form provided by the department, the name of |
307 | the applicant and the applicant's address or the address of the |
308 | applicant's principal place of business; a statement of the |
309 | estimated cost of removing and destroying the Casuarina |
310 | cunninghamiana that is the subject of the special permit; and |
311 | the basis for calculating or determining that estimate. If the |
312 | applicant is a corporation, partnership, or other business |
313 | entity, the applicant must also provide in the application the |
314 | name and address of each officer, partner, or managing agent. |
315 | The applicant shall notify the department within 30 business |
316 | days of any change of address or change in the principal place |
317 | of business. The department shall mail all notices to the |
318 | applicant's last known address. |
319 | 1. Upon obtaining a permit, the permitholder must annually |
320 | maintain the Casuarina cunninghamiana authorized by a special |
321 | permit as required in the permit. If the permitholder ceases to |
322 | maintain the Casuarina cunninghamiana as required by the special |
323 | permit, if the permit expires, or if the permitholder ceases to |
324 | abide by the conditions of the special permit, the permitholder |
325 | shall remove and destroy the Casuarina cunninghamiana in a |
326 | timely manner as specified in the permit. |
327 | 2. If the department: |
328 | a. Determines that the permitholder is no longer |
329 | maintaining the Casuarina cunninghamiana subject to the special |
330 | permit and has not removed and destroyed the Casuarina |
331 | cunninghamiana authorized by the special permit; |
332 | b. Determines that the continued use of Casuarina |
333 | cunninghamiana as windbreaks presents an imminent danger to |
334 | public health, safety, or welfare; or |
335 | c. Determines that the permitholder has exceeded the |
336 | conditions of the authorized special permit; |
337 | |
338 | The department may issue an immediate final order, which shall |
339 | be immediately appealable or enjoinable as provided by chapter |
340 | 120, directing the permitholder to immediately remove and |
341 | destroy the Casuarina cunninghamiana authorized to be planted |
342 | under the special permit. A copy of the immediate final order |
343 | shall be mailed to the permitholder. |
344 | 3. If, upon issuance by the department of an immediate |
345 | final order to the permitholder, the permitholder fails to |
346 | remove and destroy the Casuarina cunninghamiana subject to the |
347 | special permit within 60 days after issuance of the order, or |
348 | such shorter period as is designated in the order as public |
349 | health, safety, or welfare requires, the department may remove |
350 | and destroy the Casuarina cunninghamiana that are the subject of |
351 | the special permit. If the permitholder makes a written request |
352 | to the department for an extension of time to remove and destroy |
353 | the Casuarina cunninghamiana that demonstrates specific facts |
354 | showing why the Casuarina cunninghamiana could not reasonably be |
355 | removed and destroyed in the applicable timeframe, the |
356 | department may extend the time for removing and destroying |
357 | Casuarina cunninghamiana subject to a special permit. The |
358 | reasonable costs and expenses incurred by the department for |
359 | removing and destroying Casuarina cunninghamiana subject to a |
360 | special permit shall be paid out of the Citrus Inspection Trust |
361 | Fund and shall be reimbursed by the party to which the immediate |
362 | final order is issued. If the party to which the immediate final |
363 | order has been issued fails to reimburse the state within 60 |
364 | days, the department may record a lien on the property. The lien |
365 | shall be enforced by the department. |
366 | 4. In order to carry out the purposes of this paragraph, |
367 | the department or its agents may require a permitholder to |
368 | provide verified statements of the planted acreage subject to |
369 | the special permit and may review the permitholder's business or |
370 | planting records at her or his place of business during normal |
371 | business hours in order to determine the acreage planted. The |
372 | failure of a permitholder to furnish such statement or to make |
373 | such records available is cause for suspension of the special |
374 | permit. If the department finds such failure to be willful, the |
375 | special permit may be revoked. |
376 | Section 7. Subsection (1) of section 604.15, Florida |
377 | Statutes, is amended to read: |
378 | 604.15 Dealers in agricultural products; definitions.--For |
379 | the purpose of ss. 604.15-604.34, the following words and terms, |
380 | when used, shall be construed to mean: |
381 | (1) "Agricultural products" means the natural products of |
382 | the farm, nursery, grove, orchard, vineyard, garden, and apiary |
383 | (raw or manufactured); sod; tropical foliage; horticulture; hay; |
384 | livestock; milk and milk products; poultry and poultry products; |
385 | the fruit of the saw palmetto (meaning the fruit of the Serenoa |
386 | repens); limes (meaning the fruit Citrus aurantifolia, variety |
387 | Persian, Tahiti, Bearss, or Florida Key limes); and any other |
388 | nonexempt agricultural products produced in the state, except |
389 | tobacco, sugarcane, tropical foliage, timber and timber |
390 | byproducts, forest products as defined in s. 591.17, and citrus |
391 | other than limes. |
392 | Section 8. Section 823.145, Florida Statutes, is amended |
393 | to read: |
394 | 823.145 Disposal by open burning of certain materials |
395 | mulch plastic used in agricultural operations.--Polyethylene |
396 | agricultural mulch plastic; damaged, nonsalvageable, untreated |
397 | wood pallets; and packing material that cannot be feasibly |
398 | recycled, which are used in connection with agricultural |
399 | operations related to the growing, harvesting, or maintenance of |
400 | crops, may be disposed of by open burning provided that no |
401 | public nuisance or any condition adversely affecting the |
402 | environment or the public health is created thereby and that |
403 | state or federal national ambient air quality standards are not |
404 | violated. |
405 | Section 9. This act shall take effect July 1, 2008. |