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 120developedby 70 the Department of Environmental Protection, the Department of 71 Agriculture and Consumer Services, or a water management 72 districtand adopted under chapter 120as 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 246naturalperson 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 251naturalperson 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 municipalbuildingcode 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 residential294dwelling, andis 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 materialsmulch319plasticused in agricultural operations.—Polyethylene 320 agriculturalmulchplastic; 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.