Florida Senate - 2012 SB 1184
By Senator Norman
12-00162-12 20121184__
1 A bill to be entitled
2 An act relating to agriculture; amending s. 163.3162,
3 F.S.; defining the term “governmental entity”;
4 prohibiting certain governmental entities from
5 charging stormwater management assessments or fees on
6 certain bona fide farm operations except under certain
7 circumstances; providing for applicability; amending
8 s. 206.41, F.S.; revising the definition of the term
9 “agricultural and aquacultural purposes” for purposes
10 of the required refund of state taxes imposed on motor
11 fuel used for such purposes; amending s. 316.515,
12 F.S.; revising the Florida Uniform Traffic Control Law
13 to authorize the use of citrus harvesting equipment
14 and citrus fruit loaders to transport certain
15 agricultural products and to authorize the use of
16 certain motor vehicles to transport citrus; amending
17 s. 570.07, F.S.; revising the powers and duties of the
18 Department of Agricultural and Consumer Services to
19 enforce laws and rules relating to the use of
20 commercial stock feeds; amending s. 580.036, F.S.;
21 authorizing the department to adopt rules establishing
22 certain standards for regulating commercial feed or
23 feedstuff; requiring the department to consult with
24 the Commercial Feed Technical Council in the
25 development of such rules; creating s. 810.127, F.S.;
26 defining terms; prohibiting the knowing entry upon and
27 unauthorized recording of sounds or images of a farm
28 or farm operation; providing for applicability;
29 providing a penalty; providing effective dates.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (d) is added to subsection (2) of
34 section 163.3162, Florida Statutes, and paragraphs (b), (c), and
35 (i) of subsection (3) of that section are amended to read:
36 163.3162 Agricultural Lands and Practices.—
37 (2) DEFINITIONS.—As used in this section, the term:
38 (d) “Governmental entity” has the same meaning as provided
39 in s. 164.1031.
40 (3) DUPLICATION OF REGULATION.—Except as otherwise provided
41 in this section and s. 487.051(2), and notwithstanding any other
42 law, including any provision of chapter 125 or this chapter:
43 (b) A governmental entity county may not charge an
44 assessment or fee for stormwater management on a bona fide farm
45 operation on land classified as agricultural land pursuant to s.
46 193.461, if the farm operation has a National Pollutant
47 Discharge Elimination System permit, environmental resource
48 permit, or works-of-the-district permit or implements best
49 management practices adopted as rules under chapter 120 by the
50 Department of Environmental Protection, the Department of
51 Agriculture and Consumer Services, or a water management
52 district as part of a statewide or regional program.
53 (c) For each governmental entity county that, before March
54 1, 2009, adopted a stormwater utility ordinance or resolution,
55 adopted an ordinance or resolution establishing a municipal
56 services benefit unit, or adopted a resolution stating the
57 governmental entity’s county’s intent to use the uniform method
58 of collection pursuant to s. 197.3632 for such stormwater
59 ordinances, the governmental entity county may continue to
60 charge an assessment or fee for stormwater management on a bona
61 fide farm operation on land classified as agricultural pursuant
62 to s. 193.461, if the ordinance or resolution provides credits
63 against the assessment or fee on a bona fide farm operation for
64 the water quality or flood control benefit of:
65 1. The implementation of best management practices adopted
66 as rules under chapter 120 by the Department of Environmental
67 Protection, the Department of Agriculture and Consumer Services,
68 or a water management district as part of a statewide or
69 regional program;
70 2. The stormwater quality and quantity measures required as
71 part of a National Pollutant Discharge Elimination System
72 permit, environmental resource permit, or works-of-the-district
73 permit; or
74 3. The implementation of best management practices or
75 alternative measures which the landowner demonstrates to the
76 governmental entity county to be of equivalent or greater
77 stormwater benefit than those provided by implementation of best
78 management practices adopted as rules under chapter 120 by the
79 Department of Environmental Protection, the Department of
80 Agriculture and Consumer Services, or a water management
81 district as part of a statewide or regional program, or
82 stormwater quality and quantity measures required as part of a
83 National Pollutant Discharge Elimination System permit,
84 environmental resource permit, or works-of-the-district permit.
85 (i) The provisions of this subsection that limit a
86 governmental entity’s county’s authority to adopt or enforce any
87 ordinance, regulation, rule, or policy, or to charge any
88 assessment or fee for stormwater management, apply only to a
89 bona fide farm operation as described in this subsection.
90 Section 2. Paragraph (c) of subsection (4) of section
91 206.41, Florida Statutes, is amended to read:
92 206.41 State taxes imposed on motor fuel.—
93 (4)
94 (c)1. Any person who uses any motor fuel for agricultural,
95 aquacultural, commercial fishing, or commercial aviation
96 purposes on which fuel the tax imposed by paragraph (1)(e),
97 paragraph (1)(f), or paragraph (1)(g) has been paid is entitled
98 to a refund of such tax.
99 2. For the purposes of this paragraph, “agricultural and
100 aquacultural purposes” means motor fuel used in any tractor,
101 vehicle, or other farm equipment which is used exclusively on a
102 farm or for processing farm products on the farm, and no part of
103 which fuel is used in any vehicle or equipment driven or
104 operated upon the public highways of this state. This
105 restriction does not apply to the movement of a farm vehicle, or
106 farm equipment, citrus harvesting equipment, or citrus fruit
107 loaders between farms. The transporting of bees by water and the
108 operating of equipment used in the apiary of a beekeeper shall
109 be also deemed an agricultural purpose.
110 3. For the purposes of this paragraph, “commercial fishing
111 and aquacultural purposes” means motor fuel used in the
112 operation of boats, vessels, or equipment used exclusively for
113 the taking of fish, crayfish, oysters, shrimp, or sponges from
114 salt or fresh waters under the jurisdiction of the state for
115 resale to the public, and no part of which fuel is used in any
116 vehicle or equipment driven or operated upon the highways of
117 this state; however, the term may in no way be construed to
118 include fuel used for sport or pleasure fishing.
119 4. For the purposes of this paragraph, “commercial aviation
120 purposes” means motor fuel used in the operation of aviation
121 ground support vehicles or equipment, no part of which fuel is
122 used in any vehicle or equipment driven or operated upon the
123 public highways of this state.
124 Section 3. Paragraph (a) of subsection (5) of section
125 316.515, Florida Statutes, is amended to read:
126 316.515 Maximum width, height, length.—
127 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
128 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
129 (a) Notwithstanding any other provisions of law, straight
130 trucks, agricultural tractors, citrus harvesting equipment,
131 citrus fruit loaders, and cotton module movers, not exceeding 50
132 feet in length, or any combination of up to and including three
133 implements of husbandry, including the towing power unit, and
134 any single agricultural trailer with a load thereon or any
135 agricultural implements attached to a towing power unit, or a
136 self-propelled agricultural implement or an agricultural
137 tractor, is authorized for the purpose of transporting peanuts,
138 grains, soybeans, citrus, cotton, hay, straw, or other
139 perishable farm products from their point of production to the
140 first point of change of custody or of long-term storage, and
141 for the purpose of returning to such point of production, or for
142 the purpose of moving such tractors, movers, and implements from
143 one point of agricultural production to another, by a person
144 engaged in the production of any such product or custom hauler,
145 if such vehicle or combination of vehicles otherwise complies
146 with this section. The Department of Transportation may issue
147 overlength permits for cotton module movers greater than 50 feet
148 but not more than 55 feet in overall length. Such vehicles shall
149 be operated in accordance with all safety requirements
150 prescribed by law and rules of the Department of Transportation.
151 Section 4. Paragraph (c) of subsection (16) of section
152 570.07, Florida Statutes, is amended to read:
153 570.07 Department of Agriculture and Consumer Services;
154 functions, powers, and duties.—The department shall have and
155 exercise the following functions, powers, and duties:
156 (16) To enforce the state laws and rules relating to:
157 (c) Registration, labeling, inspection, sale, use,
158 composition, formulation, wholesale and retail distribution, and
159 analysis of commercial stock feeds and registration, labeling,
160 inspection, and analysis of commercial fertilizers;
161
162 In order to ensure uniform health and safety standards, the
163 adoption of standards and fines in the subject areas of
164 paragraphs (a)-(n) is expressly preempted to the state and the
165 department. Any local government enforcing the subject areas of
166 paragraphs (a)-(n) must use the standards and fines set forth in
167 the pertinent statutes or any rules adopted by the department
168 pursuant to those statutes.
169 Section 5. Paragraph (g) is added to subsection (2) of
170 section 580.036, Florida Statutes, to read:
171 580.036 Powers and duties.—
172 (2) The department is authorized to adopt rules pursuant to
173 ss. 120.536(1) and 120.54 to enforce the provisions of this
174 chapter. These rules shall be consistent with the rules and
175 standards of the United States Food and Drug Administration and
176 the United States Department of Agriculture, when applicable,
177 and shall include:
178 (g) Establishing standards for the sale, use, and
179 distribution of commercial feed or feedstuff to ensure usage
180 that is consistent with animal health, safety, and welfare and,
181 to the extent that meat, poultry, and other animal products may
182 be affected by commercial feed or feedstuff, with the safety of
183 these products for human consumption. Such standards, if
184 adopted, must be developed in consultation with the Commercial
185 Feed Technical Council created under s. 580.151.
186 Section 6. Effective October 1, 2012, section 810.127,
187 Florida Statutes, is created to read:
188 810.127 Unauthorized entry and use of recording device on
189 farm; penalties.—
190 (1) As used in this section, the term:
191 (a) “Audio or video recording function” means the
192 capability of a camera, an audio or video recorder, or any other
193 device to record, store, transfer, broadcast, or transmit sound
194 or images by means of any technology now known or later
195 developed, regardless of the recording media or format,
196 including, but not limited to, photographs or film; magnetic
197 storage, including audio cassette tapes, videocassette tapes,
198 hard disk drives, and floppy disk drives; flash memory,
199 including memory cards, flash drives, and solid state drives;
200 optical disc storage media, including compact discs, digital
201 versatile discs, and blu-ray discs; streaming media; and any
202 other electrical, magnetic, optical, or form of data storage.
203 (b) “Farm” has the same meaning as provided in s. 823.14.
204 For purposes of this section, the term also includes any other
205 land upon which a legal farm operation is being conducted and
206 upon which farm products are being produced.
207 (c) “Farm operation” has the same meaning as provided in s.
208 823.14.
209 (d) “Farm product” has the same meaning as provided in s.
210 823.14.
211 (2) A person may not knowingly enter upon any nonpublic
212 area of a farm and, without the prior written consent of the
213 farm’s owner or the owner’s authorized representative, operate
214 the audio or video recording function of any device with the
215 intent of recording sound or images of the farm or farm
216 operation.
217 (3) This section does not apply to:
218 (a) An employee or agent of the Department of Agriculture
219 and Consumer Services acting under s. 570.15.
220 (b) An employee or agent of the Department of Business and
221 Professional Regulation acting under chapter 450.
222 (c) A law enforcement officer conducting a lawful
223 inspection or investigation.
224 (d) Any other government employee conducting official
225 regulatory business.
226 (e) An engineer or his or her agent or employee acting
227 under s. 471.027.
228 (f) A land surveyor and mapper or his or her subordinate,
229 agent, or employee, as necessary for conducting any activity
230 under chapter 472.
231 (g) A person acting on behalf of an insurer for inspection,
232 underwriting, or claims purposes.
233 (4) A person who violates this section commits a
234 misdemeanor of the first degree, punishable as provided in s.
235 775.082 or s. 775.083.
236 Section 7. Except as otherwise expressly provided in this
237 act, this act shall take effect July 1, 2012.