Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1132
       
       
       
       
       
       
                                Barcode 549494                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/05/2012 10:44 AM       .                                
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 17 and 18
    4  insert:
    5         Section 1. Subsection (2) and paragraphs (b), (c), and (i)
    6  of subsection (3) of section 163.3162, Florida Statutes, are
    7  amended to read:
    8         163.3162 Agricultural Lands and Practices.—
    9         (2) DEFINITIONS.—As used in this section, the term:
   10         (a) “Farm” has the same meaning is as provided defined in
   11  s. 823.14.
   12         (b) “Farm operation” has the same meaning is as provided
   13  defined in s. 823.14.
   14         (c) “Farm product” means any plant, as defined in s.
   15  581.011, or animal useful to humans and includes, but is not
   16  limited to, any product derived therefrom.
   17         (d) “Governmental entity” has the same meaning as provided
   18  in s. 164.1031. The term does not include a water control
   19  district established under chapter 298 or a special district
   20  created by special act for water management purposes.
   21         (3) DUPLICATION OF REGULATION.—Except as otherwise provided
   22  in this section and s. 487.051(2), and notwithstanding any other
   23  law, including any provision of chapter 125 or this chapter:
   24         (b) A governmental entity county may not charge an
   25  assessment or fee for stormwater management on a bona fide farm
   26  operation on land classified as agricultural land pursuant to s.
   27  193.461, if the farm operation has a National Pollutant
   28  Discharge Elimination System permit, environmental resource
   29  permit, or works-of-the-district permit or implements best
   30  management practices adopted as rules under chapter 120 by the
   31  Department of Environmental Protection, the Department of
   32  Agriculture and Consumer Services, or a water management
   33  district as part of a statewide or regional program.
   34         (c) For each governmental entity county that, before March
   35  1, 2009, adopted a stormwater utility ordinance or resolution,
   36  adopted an ordinance or resolution establishing a municipal
   37  services benefit unit, or adopted a resolution stating the
   38  governmental entity’s county’s intent to use the uniform method
   39  of collection pursuant to s. 197.3632 for such stormwater
   40  ordinances, the governmental entity county may continue to
   41  charge an assessment or fee for stormwater management on a bona
   42  fide farm operation on land classified as agricultural pursuant
   43  to s. 193.461, if the ordinance or resolution provides credits
   44  against the assessment or fee on a bona fide farm operation for
   45  the water quality or flood control benefit of:
   46         1. The implementation of best management practices adopted
   47  as rules under chapter 120 by the Department of Environmental
   48  Protection, the Department of Agriculture and Consumer Services,
   49  or a water management district as part of a statewide or
   50  regional program;
   51         2. The stormwater quality and quantity measures required as
   52  part of a National Pollutant Discharge Elimination System
   53  permit, environmental resource permit, or works-of-the-district
   54  permit; or
   55         3. The implementation of best management practices or
   56  alternative measures which the landowner demonstrates to the
   57  governmental entity county to be of equivalent or greater
   58  stormwater benefit than those provided by implementation of best
   59  management practices adopted as rules under chapter 120 by the
   60  Department of Environmental Protection, the Department of
   61  Agriculture and Consumer Services, or a water management
   62  district as part of a statewide or regional program, or
   63  stormwater quality and quantity measures required as part of a
   64  National Pollutant Discharge Elimination System permit,
   65  environmental resource permit, or works-of-the-district permit.
   66         (i) The provisions of this subsection that limit a
   67  governmental entity’s county’s authority to adopt or enforce any
   68  ordinance, regulation, rule, or policy, or to charge any
   69  assessment or fee for stormwater management, apply only to a
   70  bona fide farm operation as described in this subsection.
   71  
   72  ================= T I T L E  A M E N D M E N T ================
   73         And the title is amended as follows:
   74         Delete line 2
   75  and insert:
   76         An act relating to agriculture; amending s. 163.3162,
   77         F.S.; defining the term “governmental entity”;
   78         prohibiting certain governmental entities from
   79         charging stormwater management assessments or fees on
   80         certain bona fide farm operations except under certain
   81         circumstances; amending s. 823.14,