CS/CS/HB 421

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

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