Florida Senate - 2016                             CS for SB 1310
       
       
        
       By the Committee on Agriculture; and Senator Hutson
       
       575-02292-16                                          20161310c1
    1                        A bill to be entitled                      
    2         An act relating to agriculture; amending s. 163.3162,
    3         F.S.; providing sole authority to regulate the burning
    4         of agricultural crops on certain lands to the
    5         Department of Agriculture and Consumer Services;
    6         amending s. 193.461, F.S.; revising the period during
    7         which certain agricultural lands in eradication or
    8         quarantine programs continue to be classified as such;
    9         providing for the classification of such lands that
   10         are replanted in citrus; creating s. 580.0365, F.S.;
   11         preempting regulatory authority over commercial feed
   12         and feedstuff to the department; amending s. 581.211,
   13         F.S.; providing penalties for certain handling of
   14         plant pests without a special permit from the Division
   15         of Plant Industry within the department; specifying
   16         that moneys collected must be deposited into the Plant
   17         Industry Trust Fund; amending s. 704.06, F.S.;
   18         revising the definition of the term “conservation
   19         easement”; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (5) is added to section 163.3162,
   24  Florida Statutes, to read:
   25         163.3162 Agricultural Lands and Practices.—
   26         (5) BURNING OF AGRICULTURAL CROPS.—The Department of
   27  Agriculture and Consumer Services has the sole authority to
   28  regulate the burning of agricultural crops on land classified as
   29  agricultural land pursuant to s. 193.461.
   30         Section 2. Paragraph (a) of subsection (7) of section
   31  193.461, Florida Statutes, is amended to read:
   32         193.461 Agricultural lands; classification and assessment;
   33  mandated eradication or quarantine program.—
   34         (7)(a) Lands classified for assessment purposes as
   35  agricultural lands which are taken out of production by a state
   36  or federal eradication or quarantine program, including the
   37  Citrus Health Response Program, shall continue to be classified
   38  as agricultural lands for 5 years after the date of execution of
   39  a compliance agreement between the landowner and the Department
   40  of Agriculture and Consumer Services, or a federal agency, as
   41  applicable, pursuant to the duration of such program or
   42  successor programs. Lands under these programs which are
   43  converted to fallow or otherwise nonincome-producing uses shall
   44  continue to be classified as agricultural lands and shall be
   45  assessed at a de minimis value of up to $50 per acre on a
   46  single-year assessment methodology while converted. Lands under
   47  these programs which are replanted in citrus pursuant to the
   48  requirements of the compliance agreement shall continue to be
   49  classified as agricultural lands and shall be assessed at a de
   50  minimis value of up to $50 per acre, on a single-year assessment
   51  methodology, during the 5-year term of the agreement.; However,
   52  lands converted to other income-producing agricultural uses
   53  permissible under such programs shall be assessed pursuant to
   54  this section. Land under a mandated eradication or quarantine
   55  program which is diverted from an agricultural to a
   56  nonagricultural use shall be assessed under s. 193.011.
   57         Section 3. Section 580.0365, Florida Statutes, is created
   58  to read:
   59         580.0365 Preemption of regulatory authority over commercial
   60  feed and feedstuff.—In order to provide for uniform regulation
   61  throughout the state, the state preempts all regulation over
   62  commercial feed and feedstuff to the department. Notwithstanding
   63  any other provision of law, the authority to regulate, inspect,
   64  sample, and analyze any commercial feed or feedstuff distributed
   65  in this state or to exercise the powers and duties under this
   66  chapter, including the assessment of any penalties for
   67  violations of this chapter, is preempted to the department. If
   68  any rule adopted by, or final order of, the department relating
   69  to commercial feed and feedstuff is in conflict with any other
   70  provision or restriction under a local ordinance or
   71  administrative rule adopted by, or final order of, an entity or
   72  agency other than the department, this section shall govern and
   73  such local ordinance, rule, or order is preempted.
   74         Section 4. Subsections (4) and (5) are added to section
   75  581.211, Florida Statutes, to read:
   76         581.211 Penalties for violations.—
   77         (4) A person who knowingly acquires, imports, possesses,
   78  sells or offers to sell, trades or offers to trade, barters or
   79  offers to barter, moves or causes to be moved, introduces, or
   80  releases a plant pest in this state without a special permit
   81  from the division:
   82         (a) Commits a misdemeanor of the first degree, punishable
   83  as provided in s. 775.082 or s. 775.083;
   84         (b) Is subject to an administrative fine pursuant to s.
   85  570.971 in the Class II category for each violation of this
   86  chapter;
   87         (c) May have a certificate of registration or certificate
   88  of inspection suspended or revoked; and
   89         (d) Is liable for the payment of all reasonable costs and
   90  expenses incurred by the department in a plant pest control or
   91  eradication program. Moneys collected pursuant to this section
   92  shall be deposited into the Plant Industry Trust Fund.
   93         (5) A person who knowingly acquires, imports, possesses,
   94  sells or offers to sell, trades or offers to trade, barters or
   95  offers to barter, moves or causes to be moved, introduces, or
   96  releases a plant pest in this state without a special permit
   97  from the division that results in the issuance of a declaration
   98  of an agricultural emergency by the Commissioner of Agriculture
   99  or the implementation of a control or eradication program by the
  100  department or the United States Department of Agriculture:
  101         (a) Commits a felony of the second degree, punishable as
  102  provided in s. 775.082 or s. 775.083;
  103         (b) Is subject to an administrative fine pursuant to s.
  104  570.971 in the Class IV category for each violation of this
  105  chapter;
  106         (c) May have a certificate of registration or certificate
  107  of inspection suspended or revoked; and
  108         (d) Is liable for the payment of all reasonable costs and
  109  expenses incurred by the department in a plant pest control or
  110  eradication program. Moneys collected pursuant to this section
  111  shall be deposited into the Plant Industry Trust Fund.
  112         Section 5. Paragraphs (c) and (e) of subsection (1) of
  113  section 704.06, Florida Statutes, are amended to read:
  114         704.06 Conservation easements; creation; acquisition;
  115  enforcement.—
  116         (1) As used in this section, “conservation easement” means
  117  a right or interest in real property which is appropriate to
  118  retaining land or water areas predominantly in their natural,
  119  scenic, open, agricultural, or wooded condition; retaining such
  120  areas as suitable habitat for fish, plants, or wildlife;
  121  retaining the structural integrity or physical appearance of
  122  sites or properties of historical, architectural,
  123  archaeological, or cultural significance; or maintaining
  124  existing land uses and which prohibits or limits any or all of
  125  the following:
  126         (c) Removal or destruction of trees, shrubs, or other
  127  vegetation except when necessary for maintenance purposes.
  128         (e) Surface use except for purposes that permit the land or
  129  water area to remain predominantly in its natural or
  130  agricultural condition. Such agricultural condition may include
  131  livestock grazing if the activity is a current or historic use
  132  of the land and if future livestock grazing within the
  133  conservation easement area is conducted in accordance with
  134  applicable best management practices adopted by the Department
  135  of Agriculture and Consumer Services.
  136         Section 6. This act shall take effect July 1, 2016.