Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 768
       
       
       
       
       
       
                                Barcode 783986                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/02/2011 03:42 PM       .                                
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       Senator Siplin moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 52 - 67
    4  and insert:
    5         Section 1. Subsection (2) of section 373.406, Florida
    6  Statutes, is amended, and subsection (12) is added to that
    7  section, to read:
    8         373.406 Exemptions.—The following exemptions shall apply:
    9         (2) Notwithstanding s. 403.927, nothing herein, or in any
   10  rule, regulation, or order adopted pursuant hereto, shall be
   11  construed to affect the right of any person engaged in the
   12  occupation of agriculture, silviculture, floriculture, or
   13  horticulture to alter the topography of any tract of land,
   14  including, but not limited to, activities that may impede or
   15  divert the flow of surface waters or adversely impact wetlands,
   16  for purposes consistent with the normal and customary practice
   17  of such occupation in the area. However, such alteration or
   18  activity may not be for the sole or predominant purpose of
   19  impeding impounding or diverting the flow of obstructing surface
   20  waters or adversely impacting wetlands. This exemption applies
   21  retroactively to July 1, 1984. This exemption applies to lands
   22  classified as agricultural pursuant to s. 193.461 and to
   23  activities requiring an environmental resource permit pursuant
   24  to this part. However, this exemption does not apply to any
   25  activities previously authorized by an environmental resource
   26  permit, a permit for the management and storage of surface
   27  waters issued pursuant to this part, or a dredge and fill permit
   28  issued pursuant to chapter 403.
   29         (12) An overwater pier, dock, or a similar structure
   30  located in a deepwater port listed in s. 311.09 is not
   31  considered to be part of a stormwater management system for
   32  which this chapter or chapter 403 requires stormwater from
   33  impervious surfaces to be treated if:
   34         (a) The port has a stormwater pollution prevention plan for
   35  industrial activities pursuant to the National Pollutant
   36  Discharge Elimination System Program; and
   37         (b) The stormwater pollution prevention plan also provides
   38  similar pollution prevention measures for other activities that
   39  are not subject to the National Pollutant Discharge Elimination
   40  System Program and that occur on the port’s overwater piers,
   41  docks, and similar structures.
   42         Section 2. Section 373.407, Florida Statutes, is amended to
   43  read:
   44         373.407 Determination of qualification Memorandum of
   45  agreement for an agricultural-related exemption.—In the event of
   46  a dispute as to the applicability of an exemption, No later than
   47  July 1, 2007, the Department of Agriculture and Consumer
   48  Services and each water management district shall enter into a
   49  memorandum of agreement under which the Department of
   50  Agriculture and Consumer Services shall assist in a
   51  determination by a water management district or landowner may as
   52  to whether an existing or proposed activity qualifies for the
   53  exemption in s. 373.406(2). The memorandum of agreement shall
   54  provide a process by which, upon the request of a water
   55  management district, the Department of Agriculture and Consumer
   56  Services to make a binding determination shall conduct a
   57  nonbinding review as to whether an existing or proposed activity
   58  qualifies for an agricultural-related exemption under in s.
   59  373.406(2). The Department of Agriculture and Consumer Services
   60  and each water management district shall enter into a memorandum
   61  of agreement or amend an existing memorandum of agreement which
   62  sets forth shall provide processes and procedures by which the
   63  Department of Agriculture and Consumer Services shall undertake
   64  its this review, make a determination effectively and
   65  efficiently, and provide notice of its determination to the
   66  applicable water management district or landowner. The
   67  Department of Agriculture and Consumer Services has exclusive
   68  authority to make the determination under this section and may
   69  adopt rules to implement this section and s. 373.406(2) issue a
   70  recommendation.
   71         Section 3. Subsection (3) and paragraph (a) of subsection
   72  (4) of section 403.927, Florida Statutes, are amended to read:
   73         403.927 Use of water in farming and forestry activities.—
   74         (3) If land served by a water management system is
   75  converted to a use other than an agricultural use, the water
   76  management system, or the portion of the system which serves
   77  that land, will be subject to the provisions of this chapter.
   78  However, mitigation under chapter 373 or this chapter to offset
   79  any adverse effects caused by agricultural activities that
   80  occurred before the conversion of the land is not required if
   81  the activities occurred on the land in the last 4 years
   82  preceding the conversion.
   83         (4) As used in this section, the term:
   84         (a) “Agricultural activities” includes all necessary
   85  farming and forestry operations which are normal and customary
   86  for the area, such as site preparation, clearing, fencing,
   87  contouring to prevent soil erosion, soil preparation, plowing,
   88  planting, cultivating, harvesting, fallowing, leveling,
   89  construction of access roads, and placement of bridges and
   90  culverts, and implementation of best management practices
   91  adopted by the Department of Agriculture and Consumer Services
   92  or practice standards adopted by the United States Department of
   93  Agriculture’s Natural Resources Conservation Service, provided
   94  such operations are not for the sole or predominant purpose of
   95  impeding do not impede or diverting divert the flow of surface
   96  waters or adversely impacting wetlands.
   97  
   98  ================= T I T L E  A M E N D M E N T ================
   99         And the title is amended as follows:
  100         Delete lines 2 - 5
  101  and insert:
  102         An act relating to water management requirements;
  103         amending s. 373.406, F.S.; revising an exemption for
  104         agricultural-related activities to include certain
  105         impacts to surface waters and wetlands; providing for
  106         retroactive application of the exemption; providing
  107         that the exemption applies to certain agricultural
  108         lands and certain activities requiring an
  109         environmental resource permit and does not apply to
  110         specified permitted activities; exempting overwater
  111         piers, docks, and structures located in deepwater
  112         ports from stormwater management system requirements
  113         under specified conditions; amending s. 373.407, F.S.;
  114         providing exclusive authority to the Department of
  115         Agriculture and Consumer Services to determine whether
  116         certain activities qualify for an agricultural-related
  117         exemption under specified conditions; requiring a
  118         specified memorandum of agreement between the
  119         department and each water management district;
  120         authorizing the department to adopt rules; amending s.
  121         403.927, F.S.; providing an exemption from mitigation
  122         requirements for converted agricultural lands under
  123         certain conditions; revising the definition of the
  124         term “agricultural activities” to include cultivating,
  125         fallowing, and leveling and to provide for certain
  126         impacts to surface waters and wetlands;