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.