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	providing for retroactive application of the exemption;
7	amending s. 373.407, F.S.; providing exclusive authority
8	to the Department of Agriculture and Consumer Services to
9	determine whether certain activities qualify for an
10	agricultural-related exemption under specified conditions;
11	requiring a specified memorandum of agreement between the
12	department and each water management district; authorizing
13	the department to adopt rules; amending s. 403.927, F.S.;
14	providing an exemption from mitigation requirements for
15	converted agricultural lands under certain conditions;
16	revising the definition of the term "agricultural
17	activities" to include cultivating, fallowing, and
18	leveling and to provide for certain impacts to surface
19	waters and wetlands; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (2) of section 373.406, Florida
24	Statutes, is amended to read:
25	373.406  Exemptions.-The following exemptions shall apply:
26	(2)  Notwithstanding s. 403.927, nothing herein, or in any
27	rule, regulation, or order adopted pursuant hereto, shall be
28	construed to affect the right of any person engaged in the
29	occupation of agriculture, silviculture, floriculture, or
30	horticulture to alter the topography of any tract of land,
31	including, but not limited to, activities that may impede or
32	divert the flow of surface waters or adversely impact wetlands,
33	for purposes consistent with the practice of such occupation.
34	However, such alteration or activity may not be for the sole or
35	predominant purpose of impeding impounding or diverting the flow
36	of obstructing surface waters or adversely impacting wetlands.
37	This exemption has retroactive application to July 1, 1984.
38	Section 2.  Section 373.407, Florida Statutes, is amended
39	to read:
40	373.407  Determination of qualification Memorandum of
41	agreement for an agricultural-related exemption.-In the event of
42	a dispute as to the applicability of an exemption, No later than
43	July 1, 2007, the Department of Agriculture and Consumer
44	Services and each water management district shall enter into a
45	memorandum of agreement under which the Department of
46	Agriculture and Consumer Services shall assist in a
47	determination by a water management district or landowner may as
48	to whether an existing or proposed activity qualifies for the
49	exemption in s. 373.406(2). The memorandum of agreement shall
50	provide a process by which, upon the request of a water
51	management district, the Department of Agriculture and Consumer
52	Services to make a binding determination shall conduct a
53	nonbinding review as to whether an existing or proposed activity
54	qualifies for an agricultural-related exemption under in s.
55	373.406(2). The Department of Agriculture and Consumer Services
56	and each water management district shall enter into a memorandum
57	of agreement or amend an existing memorandum of agreement which
58	sets forth shall provide processes and procedures by which the
59	Department of Agriculture and Consumer Services shall undertake
60	its this review, make a determination effectively and
61	efficiently, and provide notice of its determination to the
62	applicable water management district or landowner. The
63	Department of Agriculture and Consumer Services has exclusive
64	authority to make the determination under this section and may
65	adopt rules to implement this section and s. 373.406(2) issue a
66	recommendation.
67	Section 3.  Subsection (3) and paragraph (a) of subsection
68	(4) of section 403.927, Florida Statutes, are amended to read:
69	403.927  Use of water in farming and forestry activities.-
70	(3)  If land served by a water management system is
71	converted to a use other than an agricultural use, the water
72	management system, or the portion of the system which serves
73	that land, will be subject to the provisions of this chapter.
74	However, mitigation under chapter 373 or this chapter to offset
75	any adverse effects caused by agricultural activities that
76	occurred before the conversion of the land is not required if
77	the activities occurred on the land in at least 4 of the last 7
78	years preceding the conversion.
79	(4)  As used in this section, the term:
80	(a)  "Agricultural activities" includes all necessary
81	farming and forestry operations which are normal and customary
82	for the area, such as site preparation, clearing, fencing,
83	contouring to prevent soil erosion, soil preparation, plowing,
84	planting, cultivating, harvesting, fallowing, leveling,
85	construction of access roads, and placement of bridges and
86	culverts, provided such operations are not for the sole or
87	predominant purpose of impeding do not impede or diverting
88	divert the flow of surface waters or adversely impacting
89	wetlands.
90	Section 4.  This act shall take effect July 1, 2011.

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