Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1628
       
       
       
       
       
       
                                Barcode 761642                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2013           .                                
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       Appropriations Subcommittee on General Government (Simpson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 296 and 297
    4  insert:
    5         Section 7. Section 570.087, Florida Statutes, is created to
    6  read:
    7         570.087 Best management practices for wildlife.—
    8         (1) LEGISLATIVE FINDINGS.—The Fish and Wildlife
    9  Conservation Commission and the Department of Agriculture and
   10  Consumer Services have long recognized that agriculture provides
   11  a valuable benefit to the conservation and management of fish
   12  and wildlife in this state and have agreed to enter into a
   13  memorandum of agreement to develop and adopt by rule voluntary
   14  best management practices for this state’s agriculture industry
   15  which reflect the industry’s existing contribution to the
   16  conservation and management of freshwater aquatic life and wild
   17  animal life in this state.
   18         (2) DEVELOPMENT.—The Department of Agriculture and Consumer
   19  Services shall enter into a memorandum of agreement with the
   20  Fish and Wildlife Conservation Commission for the purpose of
   21  developing the best management practices contemplated by this
   22  section and their application on agricultural lands within this
   23  state. This agreement may allow for selected pilot projects in
   24  an effort to facilitate development of best management
   25  practices.
   26         (3) ADOPTION OF RULES.—The Department of Agriculture and
   27  Consumer Services has rulemaking authority to adopt rules
   28  establishing the best management practices contemplated by this
   29  section for this state’s agricultural industry. Such rules must
   30  incorporate provisions for a notice of intent to implement the
   31  practices and a system to assure the implementation of the
   32  practices, including recordkeeping requirements.
   33         (4) VOLUNTARY IMPLEMENTATION.—Notwithstanding any law to
   34  the contrary, the implementation of the best management
   35  practices contemplated by this section is voluntary. Except as
   36  specifically provided herein, an agency, department, district,
   37  or any unit of local government may not adopt or enforce any
   38  ordinance, resolution, regulation, rule, or policy regarding the
   39  best management practices on land classified as agricultural
   40  land pursuant to s. 193.461.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43         And the title is amended as follows:
   44         Between lines 18 and 19
   45  insert:
   46         creating s. 570.087, F.S.; providing legislative
   47         findings; requiring the Department of Agriculture and
   48         Consumer Services to enter into a memorandum of
   49         agreement with the Fish and Wildlife Conservation
   50         Commission for the purpose of developing voluntary
   51         best management practices for this state’s
   52         agricultural industry; allowing for pilot projects;
   53         providing that the department has rulemaking authority
   54         for these purposes; requiring that rules provide for a
   55         notice of intent to implement these practices;
   56         emphasizing that implementation of the best management
   57         practices created pursuant to this section is
   58         voluntary; restricting the adoption or enforcement of
   59         any law regarding the best management practices
   60         created pursuant to this section;