Florida Senate - 2010 SB 2074
By Senator Peaden
2-01545A-10 20102074__
1 A bill to be entitled
2 An act relating to agriculture; amending s. 163.3162,
3 F.S.; prohibiting a county from enforcing certain
4 limits on the activity of a bona fide farm operation
5 on agricultural land under certain circumstances;
6 prohibiting a county from charging agricultural lands
7 for stormwater management assessments and fees under
8 certain circumstances; allowing an assessment to be
9 collected if credits against the assessment are
10 provided for implementation of best management
11 practices; providing exemptions from certain
12 restrictions on a county’s powers over the activity on
13 agricultural land; providing a definition; providing
14 for application; creating s. 163.3163, F.S.; creating
15 the “Agricultural Land Acknowledgement Act”; providing
16 legislative findings and intent; providing
17 definitions; requiring an applicant for certain
18 development permits to sign and submit an
19 acknowledgement of certain contiguous agricultural
20 lands as a condition of the political subdivision
21 issuing the permits; specifying information to be
22 included in the acknowledgement; requiring that the
23 acknowledgement be recorded in the official county
24 records; authorizing the Department of Agriculture and
25 Consumer Services to adopt rules; amending s. 205.064,
26 F.S.; authorizing a person selling certain
27 agricultural products who is not a natural person to
28 qualify for an exemption from obtaining a local
29 business tax receipt; amending s. 322.01, F.S.;
30 revising the term “farm tractor” for purposes of
31 drivers’ licenses; amending s. 604.15, F.S.; revising
32 the term “agricultural products” to make tropical
33 foliage exempt from regulation under provisions
34 relating to dealers in agricultural products; amending
35 s. 604.50, F.S.; exempting farm fences from the
36 Florida Building Code; revising the term
37 “nonresidential farm building”; exempting
38 nonresidential farm buildings and farm fences from
39 county and municipal codes and fees; specifying that
40 the exemptions do not apply to code provisions
41 implementing certain floodplain regulations; amending
42 s. 624.4095, F.S.; requiring that gross written
43 premiums for certain crop insurance not be included
44 when calculating the insurer’s gross writing ratio;
45 requiring that liabilities for ceded reinsurance
46 premiums be netted against the asset for amounts
47 recoverable from reinsurers; requiring that insurers
48 who write other insurance products disclose a breakout
49 of the gross written premiums for crop insurance;
50 amending s. 823.145, F.S.; expanding the materials
51 used in agricultural operations that may be disposed
52 of by open burning; providing certain limitations on
53 open burning; providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Subsection (4) of section 163.3162, Florida
58 Statutes, is amended to read:
59 163.3162 Agricultural Lands and Practices Act.—
60 (4) DUPLICATION OF REGULATION.—Except as otherwise provided
61 in this section and s. 487.051(2), and notwithstanding any other
62 law, including any provision of chapter 125 or this chapter, a
63 county may not exercise any of its powers to adopt or enforce
64 any ordinance, resolution, regulation, rule, or policy to
65 prohibit, restrict, regulate, or otherwise limit an activity of
66 a bona fide farm operation on land classified as agricultural
67 land pursuant to s. 193.461, if such activity is regulated
68 through implemented best management practices, interim measures,
69 or regulations adopted as rules under chapter 120 developed by
70 the Department of Environmental Protection, the Department of
71 Agriculture and Consumer Services, or a water management
72 district and adopted under chapter 120 as part of a statewide or
73 regional program; or if such activity is expressly regulated by
74 the United States Department of Agriculture, the United States
75 Army Corps of Engineers, or the United States Environmental
76 Protection Agency. A county may not charge an assessment or fee
77 for stormwater management on a bona fide farm operation on land
78 classified as agricultural land pursuant to s. 193.461, if the
79 farm operation has a National Pollutant Discharge Elimination
80 System permit, environmental resource permit, or works-of-the
81 district permit or implements best management practices adopted
82 as rules under chapter 120 by the Department of Environmental
83 Protection, the Department of Agriculture and Consumer Services,
84 or a water management district as part of a statewide or
85 regional program. However, this subsection does not prohibit a
86 county from charging an assessment or fee for stormwater
87 management on a bona fide farm operation that does not have a
88 National Pollutant Discharge Elimination System permit,
89 environmental resource permit, or works-of-the-district permit
90 or that has not implemented water quality and quantity best
91 management practices as described in this subsection. For each
92 county that, before March 1, 2009, adopted a stormwater utility
93 ordinance or resolution, adopted an ordinance or resolution
94 establishing a municipal services benefit unit, or adopted a
95 resolution stating the county’s intent to use the uniform method
96 of collection pursuant to s. 197.3632 for such stormwater
97 ordinances, the county may continue to charge an assessment or
98 fee for stormwater management on a bona fide farm operation on
99 land classified as agricultural pursuant to s. 193.461 if the
100 ordinance or resolution provides credits against the assessment
101 or fee on a bona fide farm operation for the implementation of
102 best management practices adopted as rules under chapter 120 by
103 the Department of Environmental Protection, the Department of
104 Agriculture and Consumer Services, or a water management
105 district as part of a statewide or regional program, or
106 stormwater quality and quantity measures required as part of a
107 National Pollutant Discharge Elimination System permit,
108 environmental resource permit, or works-of-the-district permit
109 or implementation of best management practices or alternative
110 measures which the landowner demonstrates to the county to be of
111 equivalent or greater stormwater benefit than those provided by
112 implementation of best management practices adopted as rules
113 under chapter 120 by the Department of Environmental Protection,
114 the Department of Agriculture and Consumer Services, or a water
115 management district as part of a statewide or regional program,
116 or stormwater quality and quantity measures required as part of
117 a National Pollutant Discharge Elimination System permit,
118 environmental resource permit, or works-of-the-district permit.
119 (a) When an activity of a farm operation takes place within
120 a wellfield protection area as defined in any wellfield
121 protection ordinance adopted by a county, and the implemented
122 best management practice, regulation, or interim measure does
123 not specifically address wellfield protection, a county may
124 regulate that activity pursuant to such ordinance. This
125 subsection does not limit the powers and duties provided for in
126 s. 373.4592 or limit the powers and duties of any county to
127 address an emergency as provided for in chapter 252.
128 (b) This subsection may not be construed to permit an
129 existing farm operation to change to a more excessive farm
130 operation with regard to traffic, noise, odor, dust, or fumes
131 where the existing farm operation is adjacent to an established
132 homestead or business on March 15, 1982.
133 (c) This subsection does not limit the powers of a
134 predominantly urbanized county with a population greater than
135 1,500,000 and more than 25 municipalities, not operating under a
136 home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
137 VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
138 VIII of the Constitution of 1968, which has a delegated
139 pollution control program under s. 403.182 and includes drainage
140 basins that are part of the Everglades Stormwater Program, to
141 enact ordinances, regulations, or other measures to comply with
142 the provisions of s. 373.4592, or which are necessary to
143 carrying out a county’s duties pursuant to the terms and
144 conditions of any environmental program delegated to the county
145 by agreement with a state agency.
146 (d) For purposes of this subsection, a county ordinance
147 that regulates the transportation or land application of
148 domestic wastewater residuals or other forms of sewage sludge
149 shall not be deemed to be duplication of regulation.
150 (e) This subsection does not limit a county’s powers to:
151 1. Enforce wetlands, springs protection, or stormwater
152 ordinances, regulations, or rules adopted before January 15,
153 2009.
154 2. Enforce wetlands, springs protection, or stormwater
155 ordinances, regulations, or rules pertaining to the Wekiva River
156 Protection Area.
157 3. Enforce ordinances, regulations, or rules as directed by
158 law or implemented consistent with the requirements of a program
159 operated under a delegation agreement from a state agency or
160 water management district.
161
162 As used in this paragraph, the term “wetlands” has the same
163 meaning as defined in s. 373.019.
164 (f) The provisions of this subsection that limit a county’s
165 authority to adopt or enforce any ordinance, regulation, rule,
166 or policy, or to charge any assessment or fee for stormwater
167 management, apply only to a bona fide farm operation as
168 described in this subsection.
169 (g) This subsection does not apply to a municipal services
170 benefit unit established before March 1, 2009, pursuant to s.
171 125.01(1)(q), predominately for flood control or water supply
172 benefits.
173 Section 2. Section 163.3163, Florida Statutes, is created
174 to read:
175 163.3163 Applications for development permits; disclosure
176 and acknowledgement of contiguous sustainable agricultural
177 land.—
178 (1) This section may be cited as the “Agricultural Land
179 Acknowledgement Act.”
180 (2) The Legislature finds that nonagricultural land which
181 neighbors agricultural land may adversely affect agricultural
182 production and farm operations on the agricultural land and may
183 lead to the agricultural land’s conversion to urban, suburban,
184 or other nonagricultural uses. The Legislature intends to reduce
185 the occurrence of conflicts between agricultural and
186 nonagricultural land uses and encourage sustainable agricultural
187 land use. The purpose of this section is to ensure that
188 generally accepted agricultural practices will not be subject to
189 interference by residential use of land contiguous to
190 sustainable agricultural land.
191 (3) As used in this section, the term:
192 (a) “Contiguous” means touching, bordering, or adjoining
193 along a boundary. For purposes of this section, properties that
194 would be contiguous if not separated by a roadway, railroad, or
195 other public easement are considered contiguous.
196 (b) “Farm operation” has the same meaning as defined in s.
197 823.14.
198 (c) “Sustainable agricultural land” means land classified
199 as agricultural land pursuant to s. 193.461 which is used for a
200 farm operation that uses current technology, based on science or
201 research and demonstrated measurable increases in productivity,
202 to meet future food, feed, fiber, and energy needs, while
203 considering the environmental impacts and the social and
204 economic benefits to the rural communities.
205 (4)(a) Before a political subdivision issues a local land
206 use permit, building permit, or certificate of occupancy for
207 nonagricultural land contiguous to sustainable agricultural
208 land, the political subdivision shall require that, as a
209 condition of issuing the permit or certificate, the applicant
210 for the permit or certificate sign and submit to the political
211 subdivision, in a format that is recordable in the official
212 records of the county in which the political subdivision is
213 located, a written acknowledgement of contiguous sustainable
214 agricultural land in the following form:
215
216 ACKNOWLEDGEMENT OF CONTIGUOUS SUSTAINABLE AGRICULTURAL LAND
217
218 I, ...(name of applicant)..., understand that my
219 property located at ...(address of nonagricultural
220 land)..., as further described in the attached legal
221 description, is contiguous to sustainable agricultural
222 land located at ...(address of agricultural land)...,
223 as further described in the attached legal
224 description.
225 I acknowledge and understand that the farm
226 operation on the contiguous sustainable agricultural
227 land identified herein will be conducted according to
228 generally accepted agricultural practices as provided
229 in the Florida Right to Farm Act, s. 823.14, Florida
230 Statutes.
231 Signature: ...(signature of applicant)....
232 Date: ...(date)....
233
234 (b) An acknowledgement submitted to a political subdivision
235 under paragraph (a) shall be recorded in the official records of
236 the county in which the political subdivision is located.
237 (c) The Department of Agriculture and Consumer Services, in
238 cooperation with the Department of Revenue, may adopt rules to
239 administer this section.
240 Section 3. Subsection (1) of section 205.064, Florida
241 Statutes, is amended to read:
242 205.064 Farm, aquacultural, grove, horticultural,
243 floricultural, tropical piscicultural, and tropical fish farm
244 products; certain exemptions.—
245 (1) A local business tax receipt is not required of any
246 natural person for the privilege of engaging in the selling of
247 farm, aquacultural, grove, horticultural, floricultural,
248 tropical piscicultural, or tropical fish farm products, or
249 products manufactured therefrom, except intoxicating liquors,
250 wine, or beer, when such products were grown or produced by such
251 natural person in the state.
252 Section 4. Subsection (20) of section 322.01, Florida
253 Statutes, is amended to read:
254 322.01 Definitions.—As used in this chapter:
255 (20) “Farm tractor” means a motor vehicle that is:
256 (a) Operated principally on a farm, grove, or orchard in
257 agricultural or horticultural pursuits and that is operated on
258 the roads of this state only incidentally to transportation
259 between the owner’s or operator’s headquarters and the farm,
260 grove, or orchard or between one farm, grove, or orchard and
261 another; or
262 (b) Designed and used primarily as a farm implement for
263 drawing plows, mowing machines, and other implements of
264 husbandry.
265 Section 5. Subsection (1) of section 604.15, Florida
266 Statutes, is amended to read:
267 604.15 Dealers in agricultural products; definitions.—For
268 the purpose of ss. 604.15-604.34, the following words and terms,
269 when used, shall be construed to mean:
270 (1) “Agricultural products” means the natural products of
271 the farm, nursery, grove, orchard, vineyard, garden, and apiary
272 (raw or manufactured); sod; tropical foliage; horticulture; hay;
273 livestock; milk and milk products; poultry and poultry products;
274 the fruit of the saw palmetto (meaning the fruit of the Serenoa
275 repens); limes (meaning the fruit Citrus aurantifolia, variety
276 Persian, Tahiti, Bearss, or Florida Key limes); and any other
277 nonexempt agricultural products produced in the state, except
278 tobacco, sugarcane, tropical foliage, timber and timber
279 byproducts, forest products as defined in s. 591.17, and citrus
280 other than limes.
281 Section 6. Section 604.50, Florida Statutes, is amended to
282 read:
283 604.50 Nonresidential farm buildings and farm fences.
284 Notwithstanding any other law to the contrary, any
285 nonresidential farm building or farm fence is exempt from the
286 Florida Building Code and any county or municipal building code
287 or fee, except for code provisions implementing local, state, or
288 federal floodplain management regulations. For purposes of this
289 section, the term “nonresidential farm building” means any
290 temporary or permanent building or support structure that is
291 classified as a nonresidential farm building on a farm under s.
292 553.73(9)(c) or that is used primarily for agricultural
293 purposes, is located on a farm that is not used as a residential
294 dwelling, and is located on land that is an integral part of a
295 farm operation or is classified as agricultural land under s.
296 193.461, and is not intended to be used as a residential
297 dwelling. The term “farm” is as defined in s. 823.14.
298 Section 7. Subsection (7) is added to section 624.4095,
299 Florida Statutes, to read:
300 624.4095 Premiums written; restrictions.—
301 (7) For purposes of this section and s. 624.407, with
302 regard to capital and surplus required, gross written premiums
303 for federal multiple-peril crop insurance that is ceded to the
304 Federal Crop Insurance Corporation and authorized reinsurers
305 shall not be included when calculating the insurer’s gross
306 writing ratio. The liabilities for ceded reinsurance premiums
307 payable for federal multiple-peril crop insurance ceded to the
308 Federal Crop Insurance Corporation and authorized reinsurers
309 shall be netted against the asset for amounts recoverable from
310 reinsurers. Each insurer that writes other insurance products
311 together with federal multiple-peril crop insurance shall
312 disclose in the notes to the annual and quarterly financial
313 statement, or file a supplement to the financial statement that
314 discloses, a breakout of the gross written premiums for federal
315 multiple-peril crop insurance.
316 Section 8. Section 823.145, Florida Statutes, is amended to
317 read:
318 823.145 Disposal by open burning of certain materials mulch
319 plastic used in agricultural operations.—Polyethylene
320 agricultural mulch plastic; damaged, nonsalvageable, untreated
321 wood pallets; and packing material that cannot be feasibly
322 recycled, which are used in connection with agricultural
323 operations related to the growing, harvesting, or maintenance of
324 crops, may be disposed of by open burning provided that no
325 public nuisance or any condition adversely affecting the
326 environment or the public health is created thereby and that
327 state or federal national ambient air quality standards are not
328 violated.
329 Section 9. This act shall take effect July 1, 2010.