Florida Senate - 2011 CS for CS for SB 1174
By the Committees on Environmental Preservation and
Conservation; and Agriculture; and Senators Siplin and Lynn
592-03430-11 20111174c2
1 A bill to be entitled
2 An act relating to agricultural-related exemptions to
3 water management requirements; amending s. 373.406,
4 F.S.; revising an exemption for agricultural-related
5 activities to include certain impacts to surface
6 waters and wetlands; providing that the exemption
7 applies to certain agricultural lands and certain
8 activities requiring an environmental resource permit
9 and does not apply to specified permitted activities;
10 amending s. 373.407, F.S.; providing exclusive
11 authority to the Department of Agriculture and
12 Consumer Services to determine whether certain
13 activities qualify for an agricultural-related
14 exemption under specified conditions; requiring a
15 specified memorandum of agreement between the
16 department and each water management district;
17 authorizing the department to adopt rules; amending s.
18 403.927, F.S.; providing an exemption from mitigation
19 requirements for converted agricultural lands under
20 certain conditions; revising the definition of the
21 term “agricultural activities” to include cultivating,
22 fallowing, and leveling and to provide for certain
23 impacts to surface waters and wetlands; providing an
24 effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (2) of section 373.406, Florida
29 Statutes, is amended to read:
30 373.406 Exemptions.—The following exemptions shall apply:
31 (2) Notwithstanding s. 403.927, nothing herein, or in any
32 rule, regulation, or order adopted pursuant hereto, shall be
33 construed to affect the right of any person engaged in the
34 occupation of agriculture, silviculture, floriculture, or
35 horticulture to alter the topography of any tract of land,
36 including, but not limited to, activities that may impede or
37 divert the flow of surface waters or adversely impact wetlands,
38 for purposes consistent with the practice of such occupation.
39 However, such alteration or activity may not be for the sole or
40 predominant purpose of impeding impounding or diverting the flow
41 of obstructing surface waters or adversely impacting wetlands.
42 This exemption applies to lands classified as agricultural
43 pursuant to s. 193.461 and to activities requiring an
44 environmental resource permit pursuant to this part. This
45 exemption does not apply to any activities previously authorized
46 by an environmental resource permit, a permit for the management
47 and storage of surface waters issued pursuant to this part, or a
48 dredge and fill permit issued pursuant to chapter 403.
49 Section 2. Section 373.407, Florida Statutes, is amended to
50 read:
51 373.407 Determination of qualification Memorandum of
52 agreement for an agricultural-related exemption.—In the event of
53 a dispute as to the applicability of an exemption, No later than
54 July 1, 2007, the Department of Agriculture and Consumer
55 Services and each water management district shall enter into a
56 memorandum of agreement under which the Department of
57 Agriculture and Consumer Services shall assist in a
58 determination by a water management district or landowner may as
59 to whether an existing or proposed activity qualifies for the
60 exemption in s. 373.406(2). The memorandum of agreement shall
61 provide a process by which, upon the request of a water
62 management district, the Department of Agriculture and Consumer
63 Services to make a binding determination shall conduct a
64 nonbinding review as to whether an existing or proposed activity
65 qualifies for an agricultural-related exemption under in s.
66 373.406(2). The Department of Agriculture and Consumer Services
67 and each water management district shall enter into a memorandum
68 of agreement or amend an existing memorandum of agreement which
69 sets forth shall provide processes and procedures by which the
70 Department of Agriculture and Consumer Services shall undertake
71 its this review, make a determination effectively and
72 efficiently, and provide notice of its determination to the
73 applicable water management district or landowner. The
74 Department of Agriculture and Consumer Services has exclusive
75 authority to make the determination under this section and may
76 adopt rules to implement this section and s. 373.406(2) issue a
77 recommendation.
78 Section 3. Subsection (3) and paragraph (a) of subsection
79 (4) of section 403.927, Florida Statutes, are amended to read:
80 403.927 Use of water in farming and forestry activities.—
81 (3) If land served by a water management system is
82 converted to a use other than an agricultural use, the water
83 management system, or the portion of the system which serves
84 that land, will be subject to the provisions of this chapter.
85 However, mitigation under chapter 373 or this chapter to offset
86 any adverse effects caused by agricultural activities that
87 occurred before the conversion of the land is not required if
88 the activities occurred on the land in the last 4 years
89 preceding the conversion.
90 (4) As used in this section, the term:
91 (a) “Agricultural activities” includes all necessary
92 farming and forestry operations which are normal and customary
93 for the area, such as site preparation, clearing, fencing,
94 contouring to prevent soil erosion, soil preparation, plowing,
95 planting, cultivating, harvesting, fallowing, leveling,
96 construction of access roads, and placement of bridges and
97 culverts, provided such operations are not for the sole or
98 predominant purpose of impeding do not impede or diverting
99 divert the flow of surface waters or adversely impacting
100 wetlands.
101 Section 4. This act shall take effect July 1, 2011.