1 | A bill to be entitled |
2 | An act relating to agriculture; amending s. 205.064, F.S.; |
3 | authorizing a person selling certain agricultural products |
4 | who is not a natural person to qualify for an exemption |
5 | from obtaining a local business tax receipt; amending s. |
6 | 322.01, F.S.; revising the term "farm tractor" for |
7 | purposes of drivers' licenses; amending s. 500.03, F.S.; |
8 | revising the term "food establishment" to include tomato |
9 | repackers for purposes of the Florida Food Safety Act; |
10 | creating s. 500.70, F.S.; defining the terms "field |
11 | packing," "packing" or "repacking," and "producing"; |
12 | requiring the Department of Agriculture and Consumer |
13 | Services to adopt minimum food safety standards for the |
14 | producing, harvesting, packing, and repacking of tomatoes; |
15 | authorizing the department to inspect tomato farms, |
16 | greenhouses, and packinghouses or repackers for compliance |
17 | with the standards and certain provisions of the Florida |
18 | Food Safety Act; providing penalties; authorizing the |
19 | department to establish good agricultural practices and |
20 | best management practices for the state's tomato industry; |
21 | providing a presumption that tomatoes introduced into |
22 | commerce are safe for human consumption under certain |
23 | circumstances; providing exemptions; authorizing the |
24 | department to adopt rules; amending s. 570.07, F.S.; |
25 | authorizing the department to adopt best management |
26 | practices for agricultural production and food safety; |
27 | amending s. 570.48, F.S.; revising duties of the Division |
28 | of Fruit and Vegetables for tomato food safety |
29 | inspections; amending s. 604.15, F.S.; revising the term |
30 | "agricultural products" to make tropical foliage exempt |
31 | from regulation under provisions relating to dealers in |
32 | agricultural products; amending s. 823.145, F.S.; |
33 | expanding the materials used in agricultural operations |
34 | that may be disposed of by open burning; providing certain |
35 | limitations on open burning; amending s. 163.3162, F.S.; |
36 | prohibiting a county from enforcing certain limits on the |
37 | activity of a bona fide farm operation on agricultural |
38 | land under certain circumstances; prohibiting a county |
39 | from charging agricultural lands for stormwater management |
40 | assessments and fees under certain circumstances; allowing |
41 | an assessment to be collected if credits against the |
42 | assessment are provided for implementation of best- |
43 | management practices; exempting certain wetlands and |
44 | springs protection ordinances, regulations, and rules |
45 | adopted before a specified date from provisions |
46 | restricting a county's powers over the activity on |
47 | agricultural land; creating s. 163.3163, F.S.; creating |
48 | the "Agricultural Land Acknowledgement Act"; providing |
49 | legislative findings and intent; providing definitions; |
50 | requiring an applicant for certain development permits to |
51 | sign and submit an acknowledgement of neighboring |
52 | agricultural land as a condition of the political |
53 | subdivision issuing the permits; specifying information to |
54 | be included in the acknowledgement; requiring that the |
55 | acknowledgement be permanently maintained as a public |
56 | record; amending s. 604.50, F.S.; exempting farm fences |
57 | from the Florida Building Code; exempting nonresidential |
58 | farm buildings and farm fences from county and municipal |
59 | codes and fees; specifying that the exemptions do not |
60 | apply to code provisions implementing certain floodplain |
61 | regulations; amending s. 689.261, F.S.; requiring |
62 | prospective purchasers of certain residential property to |
63 | be presented with a written acknowledgement of neighboring |
64 | agricultural land on or before execution of the contract |
65 | for sale unless the acknowledgement is included in the |
66 | contract; specifying information to be included in the |
67 | acknowledgement; providing effective dates. |
68 |
|
69 | Be It Enacted by the Legislature of the State of Florida: |
70 |
|
71 | Section 1. Subsection (1) of section 205.064, Florida |
72 | Statutes, is amended to read: |
73 | 205.064 Farm, aquacultural, grove, horticultural, |
74 | floricultural, tropical piscicultural, and tropical fish farm |
75 | products; certain exemptions.-- |
76 | (1) A local business tax receipt is not required of any |
77 | natural person for the privilege of engaging in the selling of |
78 | farm, aquacultural, grove, horticultural, floricultural, |
79 | tropical piscicultural, or tropical fish farm products, or |
80 | products manufactured therefrom, except intoxicating liquors, |
81 | wine, or beer, when such products were grown or produced by such |
82 | natural person in the state. |
83 | Section 2. Subsection (20) of section 322.01, Florida |
84 | Statutes, is amended to read: |
85 | 322.01 Definitions.--As used in this chapter: |
86 | (20) "Farm tractor" means a motor vehicle that is: |
87 | (a) Operated principally on a farm, grove, or orchard in |
88 | agricultural or horticultural pursuits and that is operated on |
89 | the roads of this state only incidentally to transportation |
90 | between the owner's or operator's headquarters and the farm, |
91 | grove, or orchard or between one farm, grove, or orchard and |
92 | another; or |
93 | (b) Designed and used primarily as a farm implement for |
94 | drawing plows, mowing machines, and other implements of |
95 | husbandry. |
96 | Section 3. Paragraph (n) of subsection (1) of section |
97 | 500.03, Florida Statutes, is amended to read: |
98 | 500.03 Definitions; construction; applicability.-- |
99 | (1) For the purpose of this chapter, the term: |
100 | (n) "Food establishment" means any factory, food outlet, |
101 | or any other facility manufacturing, processing, packing, |
102 | holding, or preparing food, or selling food at wholesale or |
103 | retail. The term does not include any business or activity that |
104 | is regulated under chapter 509 or chapter 601. The term includes |
105 | tomato packinghouses and repackers but does not include any |
106 | other establishments that pack fruits and vegetables in their |
107 | raw or natural states, including those fruits or vegetables that |
108 | are washed, colored, or otherwise treated in their unpeeled, |
109 | natural form before they are marketed. |
110 | Section 4. Section 500.70, Florida Statutes, is created to |
111 | read: |
112 | 500.70 Tomato food safety standards; inspections; |
113 | penalties; tomato good agricultural practices; tomato best |
114 | management practices.-- |
115 | (1) As used in this section, the term: |
116 | (a) "Field packing" means the packing of tomatoes on a |
117 | tomato farm or in a tomato greenhouse into containers for sale |
118 | for human consumption without transporting the tomatoes to a |
119 | packinghouse. |
120 | (b) "Packing" or "repacking" means the packing of tomatoes |
121 | into containers for sale for human consumption. The term |
122 | includes the sorting or separating of tomatoes into grades and |
123 | sizes. The term also includes field packing. |
124 | (c) "Producing" means the planting, growing, or |
125 | cultivating of tomatoes on a tomato farm or in a tomato |
126 | greenhouse for sale for human consumption. |
127 | (2) The department may adopt rules establishing food |
128 | safety standards to safeguard the public health and promote the |
129 | public welfare by protecting the consuming public from injury |
130 | caused by the adulteration or the microbiological, chemical, or |
131 | radiological contamination of tomatoes. The rules must be based |
132 | on federal requirements, available scientific research, |
133 | generally accepted industry practices, and recommendations of |
134 | food safety professionals. The rules shall apply to the |
135 | producing, harvesting, packing, and repacking of tomatoes for |
136 | sale for human consumption by a tomato farm, tomato greenhouse, |
137 | or tomato packinghouse or repacker in this state. The rules may |
138 | include, but are not limited to, standards for: |
139 | (a) Registration with the department of a person who |
140 | produces, harvests, packs, or repacks tomatoes in this state who |
141 | does not hold a food permit issued under s. 500.12. |
142 | (b) Proximity of domestic animals and livestock to the |
143 | production areas for tomatoes. |
144 | (c) Food safety related use of water for irrigation during |
145 | production and washing of tomatoes after harvest. |
146 | (d) Use of fertilizers. |
147 | (e) Cleaning and sanitation of containers, materials, |
148 | equipment, vehicles, and facilities, including storage and |
149 | ripening areas. |
150 | (f) Health, hygiene, and sanitation of employees who |
151 | handle tomatoes. |
152 | (g) Training and continuing education of a person who |
153 | produces, harvests, packs, or repacks tomatoes in this state, |
154 | and the person's employees who handle tomatoes. |
155 | (h) Labeling and recordkeeping, including standards for |
156 | identifying and tracing tomatoes for sale for human consumption. |
157 | (3)(a) The department may inspect tomato farms, tomato |
158 | greenhouses, tomato packinghouses, repacking locations, or any |
159 | vehicle being used to transport or hold tomatoes to ensure |
160 | compliance with the applicable provisions of this chapter, and |
161 | the rules adopted under this chapter. |
162 | (b) The department may impose an administrative fine not |
163 | to exceed $5,000 per violation, or issue a written notice or |
164 | warning under s. 500.179, against a person who violates any |
165 | applicable provision of this section, or any rule adopted under |
166 | this section. |
167 | (4)(a) The department may adopt rules establishing tomato |
168 | good agricultural practices and tomato best management practices |
169 | for the state's tomato industry based on applicable federal |
170 | requirements, available scientific research, generally accepted |
171 | industry practices, and recommendations of food safety |
172 | professionals. |
173 | (b) A person who documents compliance with the |
174 | department's rules, tomato good agricultural practices, and |
175 | tomato best management practices is presumed to introduce |
176 | tomatoes into the stream of commerce that are safe for human |
177 | consumption, unless the department identifies noncompliance |
178 | through inspections. |
179 | (5) Subsections (2) and (4) do not apply to tomatoes sold |
180 | by the grower on the premises at which the tomatoes are grown or |
181 | at a local farmers' market, if the quantity of tomatoes sold |
182 | does not exceed two 25-pound boxes per customer. |
183 | (6) The department may adopt rules pursuant to ss. |
184 | 120.536(1) and 120.54 to administer this section. |
185 | Section 5. Subsection (10) of section 570.07, Florida |
186 | Statutes, is amended to read: |
187 | 570.07 Department of Agriculture and Consumer Services; |
188 | functions, powers, and duties.--The department shall have and |
189 | exercise the following functions, powers, and duties: |
190 | (10) To act as adviser to producers and distributors, when |
191 | requested, and to assist them in the economical and efficient |
192 | distribution of their agricultural products, and to encourage |
193 | cooperative effort among producers to gain economical and |
194 | efficient production of agricultural products, and to adopt |
195 | rules establishing comprehensive best management practices for |
196 | agricultural production and food safety. |
197 | Section 6. Paragraph (e) of subsection (2) of section |
198 | 570.48, Florida Statutes, is amended to read: |
199 | 570.48 Division of Fruit and Vegetables; powers and |
200 | duties; records.--The duties of the Division of Fruit and |
201 | Vegetables include, but are not limited to: |
202 | (2) |
203 | (e) Performing tomato food safety inspections under s. |
204 | 500.70 on tomato farms, in tomato greenhouses, and in tomato |
205 | packinghouses and repackers. |
206 | Section 7. Subsection (1) of section 604.15, Florida |
207 | Statutes, is amended to read: |
208 | 604.15 Dealers in agricultural products; definitions.--For |
209 | the purpose of ss. 604.15-604.34, the following words and terms, |
210 | when used, shall be construed to mean: |
211 | (1) "Agricultural products" means the natural products of |
212 | the farm, nursery, grove, orchard, vineyard, garden, and apiary |
213 | (raw or manufactured); sod; tropical foliage; horticulture; hay; |
214 | livestock; milk and milk products; poultry and poultry products; |
215 | the fruit of the saw palmetto (meaning the fruit of the Serenoa |
216 | repens); limes (meaning the fruit Citrus aurantifolia, variety |
217 | Persian, Tahiti, Bearss, or Florida Key limes); and any other |
218 | nonexempt agricultural products produced in the state, except |
219 | tobacco, sugarcane, tropical foliage, timber and timber |
220 | byproducts, forest products as defined in s. 591.17, and citrus |
221 | other than limes. |
222 | Section 8. Section 823.145, Florida Statutes, is amended |
223 | to read: |
224 | 823.145 Disposal by open burning of certain materials |
225 | mulch plastic used in agricultural operations.--Polyethylene |
226 | agricultural mulch plastic; damaged, nonsalvageable, untreated |
227 | wood pallets; and packing material that cannot be feasibly |
228 | recycled, which are used in connection with agricultural |
229 | operations related to the growing, harvesting, or maintenance of |
230 | crops, may be disposed of by open burning provided that no |
231 | public nuisance or any condition adversely affecting the |
232 | environment or the public health is created thereby and that |
233 | state or federal national ambient air quality standards are not |
234 | violated. |
235 | Section 9. Subsection (4) of section 163.3162, Florida |
236 | Statutes, is amended to read: |
237 | 163.3162 Agricultural Lands and Practices Act.-- |
238 | (4) DUPLICATION OF REGULATION.--Except as otherwise |
239 | provided in this section and s. 487.051(2), and notwithstanding |
240 | any other law, including any provision of chapter 125 or this |
241 | chapter, a county may not exercise any of its powers to adopt or |
242 | enforce any ordinance, resolution, regulation, rule, or policy |
243 | to prohibit, restrict, regulate, or otherwise limit an activity |
244 | of a bona fide farm operation on land classified as agricultural |
245 | land pursuant to s. 193.461, if such activity is regulated |
246 | through implemented best management practices, interim measures, |
247 | or regulations adopted as rules under chapter 120 developed by |
248 | the Department of Environmental Protection, the Department of |
249 | Agriculture and Consumer Services, or a water management |
250 | district and adopted under chapter 120 as part of a statewide or |
251 | regional program; or if such activity is expressly regulated by |
252 | the United States Department of Agriculture, the United States |
253 | Army Corps of Engineers, or the United States Environmental |
254 | Protection Agency. A county may not charge an assessment or fee |
255 | for stormwater management on a bona fide farm operation on land |
256 | classified as agricultural land pursuant to s. 193.461, if the |
257 | farm operation has a National Pollutant Discharge Elimination |
258 | System permit, environmental resource permit, or works-of-the- |
259 | district permit or implements best management practices adopted |
260 | as rules under chapter 120 by the Department of Environmental |
261 | Protection, the Department of Agriculture and Consumer Services, |
262 | or a water management district as part of a statewide or |
263 | regional program. However, this subsection does not prohibit a |
264 | county from charging an assessment or fee for stormwater |
265 | management on a bona fide farm operation that does not have a |
266 | National Pollutant Discharge Elimination System permit, |
267 | environmental resource permit, or works-of-the-district permit, |
268 | or has not implemented water quality and quantity best- |
269 | management practices as described in this subsection. For those |
270 | counties that, before March 1, 2009, adopted a stormwater |
271 | utility ordinance, resolution, or municipal services benefit |
272 | unit or, before March 1, 2009, adopted a resolution stating its |
273 | intent to use the uniform method of collection pursuant to s. |
274 | 197.3632 for such stormwater ordinances, the county may continue |
275 | to charge an assessment or fee for stormwater management on a |
276 | bona fide farm operation on land classified as agricultural |
277 | pursuant to s. 193.461 if the ordinance provides credits against |
278 | the assessment or fee on a bona fide farm operation for the |
279 | implementation of best-management practices adopted as rules |
280 | under chapter 120 by the Department of Environmental Protection, |
281 | the Department of Agriculture and Consumer Services, or a water |
282 | management district as part of a statewide or regional program, |
283 | or stormwater quality and quantity measures required as part of |
284 | a National Pollutant Discharge Elimination System permit, |
285 | environmental resource permit, or works-of-the-district permit |
286 | or implementation of best-management practices or alternative |
287 | measures which the landowner demonstrates to the county to be of |
288 | equivalent or greater stormwater benefit than those provided by |
289 | implementation of best-management practices adopted as rules |
290 | under chapter 120 by the Department of Environmental Protection, |
291 | the Department of Agriculture and Consumer Services, or a water |
292 | management district as part of a statewide or regional program, |
293 | or stormwater quality and quantity measures required as part of |
294 | a National Pollutant Discharge Elimination System permit, |
295 | environmental resource permit, or works-of-the-district permit. |
296 | (a) When an activity of a farm operation takes place |
297 | within a wellfield protection area as defined in any wellfield |
298 | protection ordinance adopted by a county, and the implemented |
299 | best management practice, regulation, or interim measure does |
300 | not specifically address wellfield protection, a county may |
301 | regulate that activity pursuant to such ordinance. This |
302 | subsection does not limit the powers and duties provided for in |
303 | s. 373.4592 or limit the powers and duties of any county to |
304 | address an emergency as provided for in chapter 252. |
305 | (b) This subsection may not be construed to permit an |
306 | existing farm operation to change to a more excessive farm |
307 | operation with regard to traffic, noise, odor, dust, or fumes |
308 | where the existing farm operation is adjacent to an established |
309 | homestead or business on March 15, 1982. |
310 | (c) This subsection does not limit the powers of a |
311 | predominantly urbanized county with a population greater than |
312 | 1,500,000 and more than 25 municipalities, not operating under a |
313 | home rule charter adopted pursuant to ss. 10, 11, and 24, Art. |
314 | VIII of the Constitution of 1885, as preserved by s. 6(e), Art. |
315 | VIII of the Constitution of 1968, which has a delegated |
316 | pollution control program under s. 403.182 and includes drainage |
317 | basins that are part of the Everglades Stormwater Program, to |
318 | enact ordinances, regulations, or other measures to comply with |
319 | the provisions of s. 373.4592, or which are necessary to |
320 | carrying out a county's duties pursuant to the terms and |
321 | conditions of any environmental program delegated to the county |
322 | by agreement with a state agency. |
323 | (d) For purposes of this subsection, a county ordinance |
324 | that regulates the transportation or land application of |
325 | domestic wastewater residuals or other forms of sewage sludge |
326 | shall not be deemed to be duplication of regulation. |
327 | (e) This subsection does not limit a county's powers to |
328 | enforce its wetlands and springs protection ordinances, |
329 | regulations, or rules adopted before January 1, 2009. As used in |
330 | this section, the term "wetlands" has the same meaning as |
331 | defined in s. 373.019. |
332 | Section 10. Section 163.3163, Florida Statutes, is created |
333 | to read: |
334 | 163.3163 Applications for development permits; disclosure |
335 | and acknowledgement of neighboring agricultural land.-- |
336 | (1) This section may be cited as the "Agricultural Land |
337 | Acknowledgement Act." |
338 | (2) The Legislature finds that nonagricultural land which |
339 | neighbors agricultural land may adversely affect agricultural |
340 | production and farm operations on the agricultural land and may |
341 | lead to the agricultural land's conversion to urban, suburban, |
342 | or other nonagricultural uses. The Legislature intends to |
343 | preserve and encourage agricultural land use and to reduce the |
344 | occurrence of conflicts between agricultural and nonagricultural |
345 | land uses. The purpose of this section is to give notice to a |
346 | residential land purchaser before the contract for sale, or to |
347 | an applicant for a local land use permit, building permit, or |
348 | certificate of occupancy before issuance of a permit or |
349 | certificate, that the land neighbors agricultural land and that |
350 | certain generally accepted agricultural practices will take |
351 | place. |
352 | (3) As used in this section, the term: |
353 | (a) "Agricultural land" means land classified as |
354 | agricultural land pursuant to s. 193.461. |
355 | (b) "Contiguous" means touching, bordering, or adjoining |
356 | along a boundary. For purposes of this section, properties |
357 | separated only by a roadway, railroad, or other public easement |
358 | are considered contiguous. |
359 | (c) "Farm operation" has the same meaning as defined in s. |
360 | 823.14. |
361 | (4)(a) Before a political subdivision issues a local land |
362 | use permit, building permit, or certificate of occupancy for |
363 | nonagricultural land contiguous to agricultural land, the |
364 | political subdivision shall require that, as a condition of |
365 | issuing the permit or certificate, the applicant for the permit |
366 | or certificate sign and submit to the political subdivision a |
367 | written acknowledgement of neighboring agricultural land in the |
368 | following form: |
369 |
|
370 | ACKNOWLEDGEMENT OF NEIGHBORING AGRICULTURAL LAND |
371 |
|
372 | I, ...(name of applicant)..., understand that my property |
373 | located at ...(address of nonagricultural land)... is |
374 | contiguous to agricultural land located at ...(address of |
375 | agricultural land).... |
376 | I acknowledge and understand that the farm operation |
377 | on the neighboring agricultural land identified herein |
378 | will be conducted according to generally accepted |
379 | agricultural practices as provided in the Florida Right to |
380 | Farm Act, s. 823.14, Florida Statutes. |
381 | Signature: ...(signature of applicant).... |
382 | Date: ...(date).... |
383 |
|
384 | (b) An acknowledgement submitted to a political |
385 | subdivision under paragraph (a) is a public record and shall be |
386 | maintained by the political subdivision as a permanent record. |
387 | Section 11. Section 604.50, Florida Statutes, is amended |
388 | to read: |
389 | 604.50 Nonresidential farm buildings and farm |
390 | fences.--Notwithstanding any other law to the contrary, any |
391 | nonresidential farm building or farm fence is exempt from the |
392 | Florida Building Code and any county or municipal building code |
393 | or fee, except for code provisions implementing local, state, or |
394 | federal floodplain management regulations. For purposes of this |
395 | section, the term "nonresidential farm building" means any |
396 | building or support structure that is used for agricultural |
397 | purposes, is located on a farm that is not used as a residential |
398 | dwelling, and is located on land that is an integral part of a |
399 | farm operation or is classified as agricultural land under s. |
400 | 193.461. The term "farm" is as defined in s. 823.14. |
401 | Section 12. Effective January 1, 2010, subsection (3) is |
402 | added to section 689.261, Florida Statutes, to read: |
403 | 689.261 Sale of residential property; disclosure of ad |
404 | valorem taxes and neighboring agricultural land to prospective |
405 | purchaser.-- |
406 | (3)(a) A prospective purchaser of residential property |
407 | contiguous to agricultural land must be presented with a written |
408 | acknowledgement of neighboring agricultural land on or before |
409 | execution of the contract for sale unless the acknowledgement is |
410 | included in the contract. The acknowledgement, whether included |
411 | in the contract for sale or presented as a separate document, |
412 | must be in substantially the following form: |
413 |
|
414 | ACKNOWLEDGEMENT OF NEIGHBORING AGRICULTURAL LAND |
415 | |
416 | I, ...(name of purchaser)... understand that my property |
417 | located at ...(address of residential property being |
418 | purchased)... is contiguous to agricultural land located |
419 | at ...(address of agricultural land).... |
420 | I acknowledge and understand that the farm operation |
421 | on the neighboring agricultural land identified herein |
422 | will be conducted according to generally accepted |
423 | agricultural practices as provided in the Florida Right to |
424 | Farm Act, s. 823.14, Florida Statutes. |
425 | Signature: ...(signature of purchaser) .... |
426 | Date: ... (date) .... |
427 | |
428 | (b) The acknowledgment must include a signature line for |
429 | each purchaser only if the acknowledgement is presented as a |
430 | separate document from the contract for sale. |
431 | Section 13. Except as otherwise expressly provided in this |
432 | act, this act shall take effect July 1, 2009. |
433 |
|