HB 7103

1
A bill to be entitled
2An act relating to agriculture; amending s. 163.3162,
3F.S.; prohibiting a county from enforcing certain limits
4on the activity of a bona fide farm operation on
5agricultural land under certain circumstances; prohibiting
6a county from charging agricultural lands for stormwater
7management assessments and fees under certain
8circumstances; allowing an assessment to be collected if
9credits against the assessment are provided for
10implementation of best management practices; providing
11exemptions from certain restrictions on a county's powers
12over the activity on agricultural land; providing a
13definition; providing for application; creating s.
14163.3163, F.S.; creating the "Agricultural Land
15Acknowledgement Act"; providing legislative findings and
16intent; providing definitions; requiring an applicant for
17certain development permits to sign and submit an
18acknowledgement of certain contiguous agricultural lands
19as a condition of the political subdivision issuing the
20permits; specifying information to be included in the
21acknowledgement; requiring that the acknowledgement be
22recorded in the official county records; authorizing the
23Department of Agriculture and Consumer Services to adopt
24rules; amending s. 205.064, F.S.; authorizing a person
25selling certain agricultural products who is not a natural
26person to qualify for an exemption from obtaining a local
27business tax receipt; amending s. 322.01, F.S.; revising
28the term "farm tractor" for purposes of drivers' licenses;
29amending s. 604.15, F.S.; revising the term "agricultural
30products" to make tropical foliage exempt from regulation
31under provisions relating to dealers in agricultural
32products; amending s. 604.50, F.S.; exempting farm fences
33from the Florida Building Code; revising the term
34"nonresidential farm building"; exempting nonresidential
35farm buildings and farm fences from county and municipal
36codes and fees; specifying that the exemptions do not
37apply to code provisions implementing certain floodplain
38regulations; amending s. 624.4095, F.S.; requiring that
39gross written premiums for certain crop insurance not be
40included when calculating the insurer's gross writing
41ratio; requiring that liabilities for ceded reinsurance
42premiums be netted against the asset for amounts
43recoverable from reinsurers; requiring that insurers who
44write other insurance products disclose a breakout of the
45gross written premiums for crop insurance; amending s.
46823.145, F.S.; expanding the materials used in
47agricultural operations that may be disposed of by open
48burning; providing certain limitations on open burning;
49providing an effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Subsection (4) of section 163.3162, Florida
54Statutes, is amended to read:
55     163.3162  Agricultural Lands and Practices Act.-
56     (4)  DUPLICATION OF REGULATION.-Except as otherwise
57provided in this section and s. 487.051(2), and notwithstanding
58any other law, including any provision of chapter 125 or this
59chapter:,
60     (a)  A county may not exercise any of its powers to adopt
61or enforce any ordinance, resolution, regulation, rule, or
62policy to prohibit, restrict, regulate, or otherwise limit an
63activity of a bona fide farm operation on land classified as
64agricultural land pursuant to s. 193.461, if such activity is
65regulated through implemented best management practices, interim
66measures, or regulations adopted as rules under chapter 120
67developed by the Department of Environmental Protection, the
68Department of Agriculture and Consumer Services, or a water
69management district and adopted under chapter 120 as part of a
70statewide or regional program; or if such activity is expressly
71regulated by the United States Department of Agriculture, the
72United States Army Corps of Engineers, or the United States
73Environmental Protection Agency.
74     (b)  A county may not charge an assessment or fee for
75stormwater management on a bona fide farm operation on land
76classified as agricultural land pursuant to s. 193.461, if the
77farm operation has a National Pollutant Discharge Elimination
78System permit, environmental resource permit, or works-of-the-
79district permit or implements best management practices adopted
80as rules under chapter 120 by the Department of Environmental
81Protection, the Department of Agriculture and Consumer Services,
82or a water management district as part of a statewide or
83regional program.
84     (c)  For each county that, before March 1, 2009, adopted a
85stormwater utility ordinance or resolution, adopted an ordinance
86or resolution establishing a municipal services benefit unit, or
87adopted a resolution stating the county's intent to use the
88uniform method of collection pursuant to s. 197.3632 for such
89stormwater ordinances, the county may continue to charge an
90assessment or fee for stormwater management on a bona fide farm
91operation on land classified as agricultural pursuant to s.
92193.461, if the ordinance or resolution provides credits against
93the assessment or fee on a bona fide farm operation for:
94     1.  The implementation of best management practices adopted
95as rules under chapter 120 by the Department of Environmental
96Protection, the Department of Agriculture and Consumer Services,
97or a water management district as part of a statewide or
98regional program;
99     2.  The stormwater quality and quantity measures required
100as part of a National Pollutant Discharge Elimination System
101permit, environmental resource permit, or works-of-the-district
102permit; or
103     3.  The implementation of best management practices or
104alternative measures which the landowner demonstrates to the
105county to be of equivalent or greater stormwater benefit than
106those provided by implementation of best management practices
107adopted as rules under chapter 120 by the Department of
108Environmental Protection, the Department of Agriculture and
109Consumer Services, or a water management district as part of a
110statewide or regional program, or stormwater quality and
111quantity measures required as part of a National Pollutant
112Discharge Elimination System permit, environmental resource
113permit, or works-of-the-district permit.
114     (d)(a)  When an activity of a farm operation takes place
115within a wellfield protection area as defined in any wellfield
116protection ordinance adopted by a county, and the implemented
117best management practice, regulation, or interim measure does
118not specifically address wellfield protection, a county may
119regulate that activity pursuant to such ordinance. This
120subsection does not limit the powers and duties provided for in
121s. 373.4592 or limit the powers and duties of any county to
122address an emergency as provided for in chapter 252.
123     (e)(b)  This subsection may not be construed to permit an
124existing farm operation to change to a more excessive farm
125operation with regard to traffic, noise, odor, dust, or fumes
126where the existing farm operation is adjacent to an established
127homestead or business on March 15, 1982.
128     (f)(c)  This subsection does not limit the powers of a
129predominantly urbanized county with a population greater than
1301,500,000 and more than 25 municipalities, not operating under a
131home rule charter adopted pursuant to ss. 10, 11, and 24, Art.
132VIII of the Constitution of 1885, as preserved by s. 6(e), Art.
133VIII of the Constitution of 1968, which has a delegated
134pollution control program under s. 403.182 and includes drainage
135basins that are part of the Everglades Stormwater Program, to
136enact ordinances, regulations, or other measures to comply with
137the provisions of s. 373.4592, or which are necessary to
138carrying out a county's duties pursuant to the terms and
139conditions of any environmental program delegated to the county
140by agreement with a state agency.
141     (g)(d)  For purposes of this subsection, a county ordinance
142that regulates the transportation or land application of
143domestic wastewater residuals or other forms of sewage sludge
144shall not be deemed to be duplication of regulation.
145     (h)  This subsection does not limit a county's powers to:
146     1.  Enforce wetlands, springs protection, or stormwater
147ordinances, regulations, or rules adopted before July 1, 2003.
148     2.  Enforce wetlands, springs protection, or stormwater
149ordinances, regulations, or rules pertaining to the Wekiva River
150Protection Area.
151     3.  Enforce ordinances, regulations, or rules as directed
152by law or implemented consistent with the requirements of a
153program operated under a delegation agreement from a state
154agency or water management district.
155
156As used in this paragraph, the term "wetlands" has the same
157meaning as defined in s. 373.019.
158     (i)  The provisions of this subsection that limit a
159county's authority to adopt or enforce any ordinance,
160regulation, rule, or policy, or to charge any assessment or fee
161for stormwater management, apply only to a bona fide farm
162operation as described in this subsection.
163     (j)  This subsection does not apply to a municipal services
164benefit unit established before March 1, 2009, pursuant to s.
165125.01(1)(q), predominately for flood control or water supply
166benefits.
167     Section 2.  Section 163.3163, Florida Statutes, is created
168to read:
169     163.3163  Applications for development permits; disclosure
170and acknowledgement of contiguous sustainable agricultural
171land.-
172     (1)  This section may be cited as the "Agricultural Land
173Acknowledgement Act."
174     (2)  The Legislature finds that nonagricultural land which
175neighbors agricultural land may adversely affect agricultural
176production and farm operations on the agricultural land and may
177lead to the agricultural land's conversion to urban, suburban,
178or other nonagricultural uses. The Legislature intends to reduce
179the occurrence of conflicts between agricultural and
180nonagricultural land uses and encourage sustainable agricultural
181land use. The purpose of this section is to ensure that
182generally accepted agricultural practices will not be subject to
183interference by residential use of land contiguous to
184sustainable agricultural land.
185     (3)  As used in this section, the term:
186     (a)  "Contiguous" means touching, bordering, or adjoining
187along a boundary. For purposes of this section, properties that
188would be contiguous if not separated by a roadway, railroad, or
189other public easement are considered contiguous.
190     (b)  "Farm operation" has the same meaning as defined in s.
191823.14.
192     (c)  "Sustainable agricultural land" means land classified
193as agricultural land pursuant to s. 193.461 which is used for a
194farm operation that uses current technology, based on science or
195research and demonstrated measurable increases in productivity,
196to meet future food, feed, fiber, and energy needs, while
197considering the environmental impacts and the social and
198economic benefits to the rural communities.
199     (4)(a)  Before a political subdivision issues a local land
200use permit, building permit, or certificate of occupancy for
201nonagricultural land contiguous to sustainable agricultural
202land, the political subdivision shall require that, as a
203condition of issuing the permit or certificate, the applicant
204for the permit or certificate sign and submit to the political
205subdivision, in a format that is recordable in the official
206records of the county in which the political subdivision is
207located, a written acknowledgement of contiguous sustainable
208agricultural land in the following form:
209
210
ACKNOWLEDGEMENT OF CONTIGUOUS SUSTAINABLE AGRICULTURAL LAND
211
212I, ...(name of applicant)..., understand that my property
213located at ...(address of nonagricultural land)..., as
214further described in the attached legal description, is
215contiguous to sustainable agricultural land located at
216...(address of agricultural land)..., as further described
217in the attached legal description.
218     I acknowledge and understand that the farm operation
219on the contiguous sustainable agricultural land identified
220herein will be conducted according to generally accepted
221agricultural practices as provided in the Florida Right to
222Farm Act, s. 823.14, Florida Statutes.
223Signature: ...(signature of applicant)....
224Date: ...(date)....
225
226     (b)  An acknowledgement submitted to a political
227subdivision under paragraph (a) shall be recorded in the
228official records of the county in which the political
229subdivision is located.
230     (c)  The Department of Agriculture and Consumer Services,
231in cooperation with the Department of Revenue, may adopt rules
232to administer this section.
233     Section 3.  Subsection (1) of section 205.064, Florida
234Statutes, is amended to read:
235     205.064  Farm, aquacultural, grove, horticultural,
236floricultural, tropical piscicultural, and tropical fish farm
237products; certain exemptions.-
238     (1)  A local business tax receipt is not required of any
239natural person for the privilege of engaging in the selling of
240farm, aquacultural, grove, horticultural, floricultural,
241tropical piscicultural, or tropical fish farm products, or
242products manufactured therefrom, except intoxicating liquors,
243wine, or beer, when such products were grown or produced by such
244natural person in the state.
245     Section 4.  Subsection (20) of section 322.01, Florida
246Statutes, is amended to read:
247     322.01  Definitions.-As used in this chapter:
248     (20)  "Farm tractor" means a motor vehicle that is:
249     (a)  Operated principally on a farm, grove, or orchard in
250agricultural or horticultural pursuits and that is operated on
251the roads of this state only incidentally to transportation
252between the owner's or operator's headquarters and the farm,
253grove, or orchard or between one farm, grove, or orchard and
254another; or
255     (b)  Designed and used primarily as a farm implement for
256drawing plows, mowing machines, and other implements of
257husbandry.
258     Section 5.  Subsection (1) of section 604.15, Florida
259Statutes, is amended to read:
260     604.15  Dealers in agricultural products; definitions.-For
261the purpose of ss. 604.15-604.34, the following words and terms,
262when used, shall be construed to mean:
263     (1)  "Agricultural products" means the natural products of
264the farm, nursery, grove, orchard, vineyard, garden, and apiary
265(raw or manufactured); sod; tropical foliage; horticulture; hay;
266livestock; milk and milk products; poultry and poultry products;
267the fruit of the saw palmetto (meaning the fruit of the Serenoa
268repens); limes (meaning the fruit Citrus aurantifolia, variety
269Persian, Tahiti, Bearss, or Florida Key limes); and any other
270nonexempt agricultural products produced in the state, except
271tobacco, sugarcane, tropical foliage, timber and timber
272byproducts, forest products as defined in s. 591.17, and citrus
273other than limes.
274     Section 6.  Section 604.50, Florida Statutes, is amended to
275read:
276     604.50  Nonresidential farm buildings and farm fences.-
277     (1)  Notwithstanding any other law to the contrary, any
278nonresidential farm building or farm fence is exempt from the
279Florida Building Code and any county or municipal building code
280or fee, except for code provisions implementing local, state, or
281federal floodplain management regulations.
282     (2)  As used in For purposes of this section, the term:
283     (a)  "Nonresidential farm building" means any temporary or
284permanent building or support structure that is classified as a
285nonresidential farm building on a farm under s. 553.73(9)(c) or
286that is used primarily for agricultural purposes, is located on
287a farm that is not used as a residential dwelling, and is
288located on land that is an integral part of a farm operation or
289is classified as agricultural land under s. 193.461, and is not
290intended to be used as a residential dwelling. The term may
291include, but is not limited to, a barn, greenhouse, shade house,
292farm office, storage building, or poultry house.
293     (b)  The term "Farm" has the same meaning is as provided
294defined in s. 823.14.
295     Section 7.  Subsection (7) is added to section 624.4095,
296Florida Statutes, to read:
297     624.4095  Premiums written; restrictions.-
298     (7)  For purposes of this section and s. 624.407, with
299regard to capital and surplus required, gross written premiums
300for federal multiple-peril crop insurance that is ceded to the
301Federal Crop Insurance Corporation and authorized reinsurers
302shall not be included when calculating the insurer's gross
303writing ratio. The liabilities for ceded reinsurance premiums
304payable for federal multiple-peril crop insurance ceded to the
305Federal Crop Insurance Corporation and authorized reinsurers
306shall be netted against the asset for amounts recoverable from
307reinsurers. Each insurer that writes other insurance products
308together with federal multiple-peril crop insurance shall
309disclose in the notes to the annual and quarterly financial
310statement, or file a supplement to the financial statement that
311discloses, a breakout of the gross written premiums for federal
312multiple-peril crop insurance.
313     Section 8.  Section 823.145, Florida Statutes, is amended
314to read:
315     823.145  Disposal by open burning of certain materials
316mulch plastic used in agricultural operations.-Polyethylene
317agricultural mulch plastic; damaged, nonsalvageable, untreated
318wood pallets; and packing material that cannot be feasibly
319recycled, which are used in connection with agricultural
320operations related to the growing, harvesting, or maintenance of
321crops, may be disposed of by open burning provided that no
322public nuisance or any condition adversely affecting the
323environment or the public health is created thereby and that
324state or federal national ambient air quality standards are not
325violated.
326     Section 9.  This act shall take effect July 1, 2010.


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