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; prohibiting the
9imposition or assessment of certain fees on agricultural
10land under certain circumstances; providing exceptions;
11amending s. 205.064, F.S.; expanding eligibility for
12exemption from a local business tax receipt for the
13privilege of selling specified products; creating s.
14500.70, F.S.; delineating requirements for a tomato
15farmer, packer, repacker, or handler to be considered in
16compliance with state food safety microbial standards and
17guidelines; amending s. 570.07, F.S.; providing that the
18Department of Agriculture and Consumer Services may adopt
19by rule comprehensive best management practices for
20agricultural production and food safety; amending s.
21581.091, F.S.; providing conditions for use of Casuarina
22cunninghamiana as a windbreak for commercial citrus
23groves; defining the term "commercial citrus grove";
24providing for permitting and permit fees; providing for
25destruction of Casuarina cunninghamiana; specifying
26responsibility and liability for removal and destruction
27of such trees; providing that use as a windbreak does not
28preclude research or release of agents to control
29Casuarina spp.; providing that the use of Casuarina
30cunninghamiana for windbreaks does not interfere with or
31restrict efforts to manage or control noxious weeds or
32invasive plants; prohibiting any other agency or local
33government from removing Casuarina cunninghamiana planted
34as a windbreak under special permit; amending s. 604.15,
35F.S.; revising a definition to make tropical foliage
36exempt from regulation under provisions relating to
37dealers in agricultural products; amending s. 823.145,
38F.S.; expanding the materials used in agricultural
39operations that can be openly burned; providing certain
40limitations on such burning; providing an effective date.
42Be It Enacted by the Legislature of the State of Florida:
44     Section 1.  Section 106.082, Florida Statutes, is repealed.
45     Section 2.  Subsection (4) of section 163.3162, Florida
46Statutes, is amended to read:
47     163.3162  Agricultural Lands and Practices Act.--
48     (4)  DUPLICATION OF REGULATION.--Except as otherwise
49provided in this section and s. 487.051(2), and notwithstanding
50any other law, including any provision of chapter 125 or this
51chapter, a county may not exercise any of its powers to adopt or
52enforce any ordinance, resolution, regulation, rule, or policy
53to prohibit, restrict, regulate, or otherwise limit an activity
54of a bona fide farm operation on land classified as agricultural
55land pursuant to s. 193.461, if such activity is regulated
56through implemented best management practices, interim measures,
57or regulations developed by the Department of Environmental
58Protection, the Department of Agriculture and Consumer Services,
59or a water management district and adopted under chapter 120 as
60part of a statewide or regional program; or if such activity is
61expressly regulated by the United States Department of
62Agriculture, the United States Army Corps of Engineers, or the
63United States Environmental Protection Agency. A county may not
64impose an assessment or fee for stormwater management on land
65classified as agricultural land pursuant to s. 193.461 if the
66agricultural operation has an agricultural discharge permit or
67an environmental resource permit or implements best management
68practices developed by the Department of Environmental
69Protection, the Department of Agriculture and Consumer Services,
70or a water management district pursuant to s. 403.067 and
71adopted under chapter 120 as part of a statewide or regional
72program, except under the following conditions: the ordinance
73imposing the assessment or fee is adopted by a county required
74to obtain a municipal separate storm sewer system permit;
75discharges from the agricultural lands contribute to the
76municipal separate stormwater system permitted facilities; and
77the ordinance provides credits for the water quality and flood
78control provided by implementation of stormwater control
79measures against the fee or assessment charged for stormwater
80management. A county shall not impose a stormwater management
81fee or assessment on lands used for silviculture or unimproved
83     (a)  When an activity of a farm operation takes place
84within a wellfield protection area as defined in any wellfield
85protection ordinance adopted by a county, and the implemented
86best management practice, regulation, or interim measure does
87not specifically address wellfield protection, a county may
88regulate that activity pursuant to such ordinance. This
89subsection does not limit the powers and duties provided for in
90s. 373.4592 or limit the powers and duties of any county to
91address an emergency as provided for in chapter 252.
92     (b)  This subsection may not be construed to permit an
93existing farm operation to change to a more excessive farm
94operation with regard to traffic, noise, odor, dust, or fumes
95where the existing farm operation is adjacent to an established
96homestead or business on March 15, 1982.
97     (c)  This subsection does not limit the powers of a
98predominantly urbanized county with a population greater than
991,500,000 and more than 25 municipalities, not operating under a
100home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
101VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
102VIII of the Constitution of 1968, which has a delegated
103pollution control program under s. 403.182 and includes drainage
104basins that are part of the Everglades Stormwater Program, to
105enact ordinances, regulations, or other measures to comply with
106the provisions of s. 373.4592, or which are necessary to
107carrying out a county's duties pursuant to the terms and
108conditions of any environmental program delegated to the county
109by agreement with a state agency.
110     (d)  For purposes of this subsection, a county ordinance
111that regulates the transportation or land application of
112domestic wastewater residuals or other forms of sewage sludge
113shall not be deemed to be duplication of regulation.
114     (e)  This subsection does not limit the powers of a county
115to enforce applicable wetland protection ordinances,
116regulations, or rules duly adopted prior to April 1, 2008.
117     Section 3.  Subsection (1) of section 205.064, Florida
118Statutes, is amended to read:
119     205.064  Farm, aquacultural, grove, horticultural,
120floricultural, tropical piscicultural, and tropical fish farm
121products; certain exemptions.--
122     (1)  A local business tax receipt is not required of any
123natural person for the privilege of engaging in the selling of
124farm, aquacultural, grove, horticultural, floricultural,
125tropical piscicultural, or tropical fish farm products, or
126products manufactured therefrom, except intoxicating liquors,
127wine, or beer, when such products were grown or produced by such
128natural person in the state.
129     Section 4.  Section 500.70, Florida Statutes, is created to
131     500.70  Food safety compliance relating to tomatoes.-- A
132tomato farmer, packer, repacker, or handler that implements
133applicable good agricultural practices and best management
134practices according to rules adopted by the department is
135considered to have acted in good faith, with reasonable care,
136and in compliance with state food safety microbial standards or
137guidelines unless a violation of or noncompliance with such
138measures can be shown through inspections.
139     Section 5.  Subsection (10) of section 570.07, Florida
140Statutes, is amended to read:
141     570.07  Department of Agriculture and Consumer Services;
142functions, powers, and duties.--The department shall have and
143exercise the following functions, powers, and duties:
144     (10)  To act as adviser to producers and distributors, when
145requested, and to assist them in the economical and efficient
146distribution of their agricultural products and to encourage
147cooperative effort among producers to gain economical and
148efficient production of agricultural products. The department
149may adopt by rule, pursuant to ss. 120.536(1) and 120.54,
150comprehensive best management practices for agricultural
151production and food safety.
152     Section 6.  Subsection (5) is added to section 581.091,
153Florida Statutes, to read:
154     581.091  Noxious weeds and infected plants or regulated
155articles; sale or distribution; receipt; information to
156department; withholding information.--
157     (5)(a)  Notwithstanding any other provision of state law or
158rule, a person may obtain a special permit from the department
159to plant Casuarina cunninghamiana as a windbreak for a
160commercial citrus grove provided the plants are produced in an
161authorized registered nursery and certified by the department as
162being vegetatively propagated from male plants. A "commercial
163citrus grove" means a contiguous planting of 100 or more citrus
164trees where citrus fruit is produced for sale.
165     (b)  For a 5-year period, special permits authorizing a
166person to plant Casuarina cunninghamiana shall be issued only as
167part of a pilot program for fresh fruit groves in areas of
168Indian River, St. Lucie, and Martin Counties where citrus canker
169is determined by the department to be widespread. The pilot
170program shall be reevaluated annually and a comprehensive review
171shall be conducted in 2013. The purpose of the annual and 5-year
172reviews is to determine if the use of Casuarina cunninghamiana
173as an agricultural pest and disease windbreak poses any adverse
174environmental consequences. At the end of the 5-year pilot
175program, if the Noxious Weed and Invasive Plant Review
176Committee, created by the department, and the Department of
177Environmental Protection, in consultation with a representative
178of the citrus industry who has a Casuarina cunninghamiana
179windbreak, determine that the potential is low for adverse
180environmental impacts from planting Casuarina cunninghamiana as
181windbreaks, the department may, by rule, allow the use of
182Casuarina cunninghamiana windbreaks for commercial citrus groves
183in other areas of the state. If it is determined at the end of
184the 5-year pilot program that additional time is needed to
185further evaluate Casuarina cunninghamiana, the department will
186remain the lead agency.
187     (c)  Each application for a special permit shall be
188accompanied by a fee in an amount determined by the department,
189by rule, not to exceed $500. A special permit shall be required
190for each noncontiguous commercial citrus grove and shall be
191renewed every 5 years. The property owner is responsible for
192maintaining and producing for inspection the original nursery
193invoice with certification documentation. If ownership of the
194property is transferred, the seller must notify the department
195and provide the buyer with a copy of the special permit and
196copies of all invoices and certification documentation prior to
197the closing of the sale.
198     (d)  Each application shall include a baseline survey of
199all lands within 500 feet of the proposed Casuarina
200cunninghamiana windbreak showing the location and identification
201to species of all existing Casuarina spp.
202     (e)  Nurseries authorized to produce Casuarina
203cunninghamiana must obtain a special permit from the department
204certifying that the plants have been vegetatively propagated
205from sexually mature male source trees currently grown in the
206state. The importation of Casuarina cunninghamiana from any area
207outside the state to be used as a propagation source tree is
208prohibited. Each male source tree must be registered by the
209department as being a horticulturally true to type male plant
210and be labeled with a source tree registration number. Each
211nursery application for a special permit shall be accompanied by
212a fee in an amount determined by the department, by rule, not to
213exceed $200. Special permits shall be renewed annually. The
214department shall, by rule, set the amount of an annual fee, not
215to exceed $50, for each Casuarina cunninghamiana registered as a
216source tree. Nurseries may only sell Casuarina cunninghamiana to
217a person with a special permit as specified in paragraphs (a)
218and (b). The source tree registration numbers of the parent
219plants must be documented on each invoice or other certification
220documentation provided to the buyer.
221     (f)  All Casuarina cunninghamiana must be destroyed by the
222property owner within 6 months after:
223     1.  The property owner takes permanent action to no longer
224use the site for commercial citrus production;
225     2.  The site has not been used for commercial citrus
226production for a period of 5 years; or
227     3.  The department determines that the Casuarina
228cunninghamiana on the site has become invasive. This
229determination shall be based on, but not limited to, the
230recommendation of the Noxious Weed and Invasive Plant Review
231Committee and the Department of Environmental Protection and in
232consultation with a representative of the citrus industry who
233has a Casuarina cunninghamiana windbreak.
235If the owner or person in charge refuses or neglects to comply,
236the director or her or his authorized representative may, under
237authority of the department, proceed to destroy the plants. The
238expense of the destruction shall be assessed, collected, and
239enforced against the owner by the department. If the owner does
240not pay the assessed cost, the department may record a lien
241against the property.
242     (g)  The use of Casuarina cunninghamiana for windbreaks
243shall not preclude the department from issuing permits for the
244research or release of biological control agents to control
245Casuarina spp. in accordance with s. 581.083.
246     (h)  The use of Casuarina cunninghamiana for windbreaks
247shall not restrict or interfere with any other agency or local
248government effort to manage or control noxious weeds or invasive
249plants, including Casuarina cunninghamiana, nor shall any other
250agency or local government remove any Casuarina cunninghamiana
251planted as a windbreak under special permit issued by the
253     (i)  The department shall develop and implement a
254monitoring protocol to determine invasiveness of Casuarina
255cunninghamiana. The monitoring protocol shall at a minimum,
257     1.  Inspection of the planting site by department
258inspectors within 30 days following initial planting or any
259subsequent planting of Casuarina cunninghamiana to ensure the
260criteria of the special permit have been met.
261     2.  Annual site inspections of planting sites and all lands
262within 500 feet of the planted windbreak by department
263inspectors who have been trained to identify Casuarina spp. and
264to make determinations of whether Casuarina cunninghamiana has
265spread beyond the permitted windbreak location.
266     3.  Any new seedlings found within 500 feet of the planted
267windbreak to be removed, identified to the species level, and
268evaluated to determine if hybridization has occurred.
269     4.  The department to submit an annual report and a final
2705-year evaluation identifying any adverse effects resulting from
271the planting of Casuarina cunninghamiana for windbreaks and
272documenting all inspections and the results of those inspections
273to the Noxious Weed and Invasive Plant Review Committee, the
274Department of Environmental Protection, and a designated
275representative of the citrus industry who has a Casuarina
276cunninghamiana windbreak.
277     (j)  If the department determines that female flowers or
278cones have been produced on any Casuarina cunninghamiana that
279have been planted under a special permit issued by the
280department, the property owner shall be responsible for
281destroying the trees. The department shall notify the property
282owner of the timeframe and method of destruction.
283     (k)  If at any time the department determines that
284hybridization has occurred during the pilot program between
285Casuarina cunninghamiana planted as a windbreak and other
286Casuarina spp., the department shall expeditiously initiate
287research to determine the invasiveness of the hybrid. The
288information obtained from this research shall be evaluated by
289the Noxious Weed and Invasive Plant Review Committee, the
290Department of Environmental Protection, and a designated
291representative of the citrus industry who has a Casuarina
292cunninghamiana windbreak. If the department determines that the
293hybrids have a high potential to become invasive, based on, but
294not limited to, the recommendation of the Noxious Weed and
295Invasive Plant Review Committee, the Department of Environmental
296Protection, and a designated representative of the citrus
297industry who has a Casuarina cunninghamiana windbreak, this
298pilot program shall be permanently suspended.
299     (l)  Each application for a special permit must be
300accompanied by a fee as described in paragraph (c) and an
301agreement that the property owner will abide by all permit
302conditions including the removal of Casuarina cunninghamiana if
303invasive populations or other adverse environmental factors are
304determined to be present by the department as a result of the
305use of Casuarina cunninghamiana as windbreaks. The application
306must include, on a form provided by the department, the name of
307the applicant and the applicant's address or the address of the
308applicant's principal place of business; a statement of the
309estimated cost of removing and destroying the Casuarina
310cunninghamiana that is the subject of the special permit; and
311the basis for calculating or determining that estimate. If the
312applicant is a corporation, partnership, or other business
313entity, the applicant must also provide in the application the
314name and address of each officer, partner, or managing agent.
315The applicant shall notify the department within 30 business
316days of any change of address or change in the principal place
317of business. The department shall mail all notices to the
318applicant's last known address.
319     1.  Upon obtaining a permit, the permitholder must annually
320maintain the Casuarina cunninghamiana authorized by a special
321permit as required in the permit. If the permitholder ceases to
322maintain the Casuarina cunninghamiana as required by the special
323permit, if the permit expires, or if the permitholder ceases to
324abide by the conditions of the special permit, the permitholder
325shall remove and destroy the Casuarina cunninghamiana in a
326timely manner as specified in the permit.
327     2.  If the department:
328     a.  Determines that the permitholder is no longer
329maintaining the Casuarina cunninghamiana subject to the special
330permit and has not removed and destroyed the Casuarina
331cunninghamiana authorized by the special permit;
332     b.  Determines that the continued use of Casuarina
333cunninghamiana as windbreaks presents an imminent danger to
334public health, safety, or welfare; or
335     c.  Determines that the permitholder has exceeded the
336conditions of the authorized special permit;
338The department may issue an immediate final order, which shall
339be immediately appealable or enjoinable as provided by chapter
340120, directing the permitholder to immediately remove and
341destroy the Casuarina cunninghamiana authorized to be planted
342under the special permit. A copy of the immediate final order
343shall be mailed to the permitholder.
344     3.  If, upon issuance by the department of an immediate
345final order to the permitholder, the permitholder fails to
346remove and destroy the Casuarina cunninghamiana subject to the
347special permit within 60 days after issuance of the order, or
348such shorter period as is designated in the order as public
349health, safety, or welfare requires, the department may remove
350and destroy the Casuarina cunninghamiana that are the subject of
351the special permit. If the permitholder makes a written request
352to the department for an extension of time to remove and destroy
353the Casuarina cunninghamiana that demonstrates specific facts
354showing why the Casuarina cunninghamiana could not reasonably be
355removed and destroyed in the applicable timeframe, the
356department may extend the time for removing and destroying
357Casuarina cunninghamiana subject to a special permit. The
358reasonable costs and expenses incurred by the department for
359removing and destroying Casuarina cunninghamiana subject to a
360special permit shall be paid out of the Citrus Inspection Trust
361Fund and shall be reimbursed by the party to which the immediate
362final order is issued. If the party to which the immediate final
363order has been issued fails to reimburse the state within 60
364days, the department may record a lien on the property. The lien
365shall be enforced by the department.
366     4.  In order to carry out the purposes of this paragraph,
367the department or its agents may require a permitholder to
368provide verified statements of the planted acreage subject to
369the special permit and may review the permitholder's business or
370planting records at her or his place of business during normal
371business hours in order to determine the acreage planted. The
372failure of a permitholder to furnish such statement or to make
373such records available is cause for suspension of the special
374permit. If the department finds such failure to be willful, the
375special permit may be revoked.
376     Section 7.  Subsection (1) of section 604.15, Florida
377Statutes, is amended to read:
378     604.15  Dealers in agricultural products; definitions.--For
379the purpose of ss. 604.15-604.34, the following words and terms,
380when used, shall be construed to mean:
381     (1)  "Agricultural products" means the natural products of
382the farm, nursery, grove, orchard, vineyard, garden, and apiary
383(raw or manufactured); sod; tropical foliage; horticulture; hay;
384livestock; milk and milk products; poultry and poultry products;
385the fruit of the saw palmetto (meaning the fruit of the Serenoa
386repens); limes (meaning the fruit Citrus aurantifolia, variety
387Persian, Tahiti, Bearss, or Florida Key limes); and any other
388nonexempt agricultural products produced in the state, except
389tobacco, sugarcane, tropical foliage, timber and timber
390byproducts, forest products as defined in s. 591.17, and citrus
391other than limes.
392     Section 8.  Section 823.145, Florida Statutes, is amended
393to read:
394     823.145  Disposal by open burning of certain materials
395mulch plastic used in agricultural operations.--Polyethylene
396agricultural mulch plastic; damaged, nonsalvageable, untreated
397wood pallets; and packing material that cannot be feasibly
398recycled, which are used in connection with agricultural
399operations related to the growing, harvesting, or maintenance of
400crops, may be disposed of by open burning provided that no
401public nuisance or any condition adversely affecting the
402environment or the public health is created thereby and that
403state or federal national ambient air quality standards are not
405     Section 9.  This act shall take effect July 1, 2008.

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