Florida Senate - 2012 CS for SB 1184 By the Committee on Agriculture; and Senator Norman 575-02176-12 20121184c1 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; providing an effective 26 date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Paragraph (d) is added to subsection (2) of 31 section 163.3162, Florida Statutes, and paragraphs (b), (c), and 32 (i) of subsection (3) of that section are amended to read: 33 163.3162 Agricultural Lands and Practices.— 34 (2) DEFINITIONS.—As used in this section, the term: 35 (d) “Governmental entity” has the same meaning as provided 36 in s. 164.1031. 37 (3) DUPLICATION OF REGULATION.—Except as otherwise provided 38 in this section and s. 487.051(2), and notwithstanding any other 39 law, including any provision of chapter 125 or this chapter: 40 (b) A governmental entity
countymay not charge an 41 assessment or fee for stormwater management on a bona fide farm 42 operation on land classified as agricultural land pursuant to s. 43 193.461, if the farm operation has a National Pollutant 44 Discharge Elimination System permit, environmental resource 45 permit, or works-of-the-district permit or implements best 46 management practices adopted as rules under chapter 120 by the 47 Department of Environmental Protection, the Department of 48 Agriculture and Consumer Services, or a water management 49 district as part of a statewide or regional program. 50 (c) For each governmental entity countythat, before March 51 1, 2009, adopted a stormwater utility ordinance or resolution, 52 adopted an ordinance or resolution establishing a municipal 53 services benefit unit, or adopted a resolution stating the 54 governmental entity’s county’sintent to use the uniform method 55 of collection pursuant to s. 197.3632 for such stormwater 56 ordinances, the governmental entity countymay continue to 57 charge an assessment or fee for stormwater management on a bona 58 fide farm operation on land classified as agricultural pursuant 59 to s. 193.461, if the ordinance or resolution provides credits 60 against the assessment or fee on a bona fide farm operation for 61 the water quality or flood control benefit of: 62 1. The implementation of best management practices adopted 63 as rules under chapter 120 by the Department of Environmental 64 Protection, the Department of Agriculture and Consumer Services, 65 or a water management district as part of a statewide or 66 regional program; 67 2. The stormwater quality and quantity measures required as 68 part of a National Pollutant Discharge Elimination System 69 permit, environmental resource permit, or works-of-the-district 70 permit; or 71 3. The implementation of best management practices or 72 alternative measures which the landowner demonstrates to the 73 governmental entity countyto be of equivalent or greater 74 stormwater benefit than those provided by implementation of best 75 management practices adopted as rules under chapter 120 by the 76 Department of Environmental Protection, the Department of 77 Agriculture and Consumer Services, or a water management 78 district as part of a statewide or regional program, or 79 stormwater quality and quantity measures required as part of a 80 National Pollutant Discharge Elimination System permit, 81 environmental resource permit, or works-of-the-district permit. 82 (i) The provisions of this subsection that limit a 83 governmental entity’s county’sauthority to adopt or enforce any 84 ordinance, regulation, rule, or policy, or to charge any 85 assessment or fee for stormwater management, apply only to a 86 bona fide farm operation as described in this subsection. 87 Section 2. Paragraph (c) of subsection (4) of section 88 206.41, Florida Statutes, is amended to read: 89 206.41 State taxes imposed on motor fuel.— 90 (4) 91 (c)1. Any person who uses any motor fuel for agricultural, 92 aquacultural, commercial fishing, or commercial aviation 93 purposes on which fuel the tax imposed by paragraph (1)(e), 94 paragraph (1)(f), or paragraph (1)(g) has been paid is entitled 95 to a refund of such tax. 96 2. For the purposes of this paragraph, “agricultural and 97 aquacultural purposes” means motor fuel used in any tractor, 98 vehicle, or other farm equipment which is used exclusively on a 99 farm or for processing farm products on the farm, and no part of 100 which fuel is used in any vehicle or equipment driven or 101 operated upon the public highways of this state. This 102 restriction does not apply to the movement of a farm vehicle, or103 farm equipment, citrus harvesting equipment, or citrus fruit 104 loaders between farms. The transporting of bees by water and the 105 operating of equipment used in the apiary of a beekeeper shall 106 be also deemed an agricultural purpose. 107 3. For the purposes of this paragraph, “commercial fishing 108 and aquacultural purposes” means motor fuel used in the 109 operation of boats, vessels, or equipment used exclusively for 110 the taking of fish, crayfish, oysters, shrimp, or sponges from 111 salt or fresh waters under the jurisdiction of the state for 112 resale to the public, and no part of which fuel is used in any 113 vehicle or equipment driven or operated upon the highways of 114 this state; however, the term may in no way be construed to 115 include fuel used for sport or pleasure fishing. 116 4. For the purposes of this paragraph, “commercial aviation 117 purposes” means motor fuel used in the operation of aviation 118 ground support vehicles or equipment, no part of which fuel is 119 used in any vehicle or equipment driven or operated upon the 120 public highways of this state. 121 Section 3. Paragraph (a) of subsection (5) of section 122 316.515, Florida Statutes, is amended to read: 123 316.515 Maximum width, height, length.— 124 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT; 125 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.— 126 (a) Notwithstanding any other provisions of law, straight 127 trucks, agricultural tractors, citrus harvesting equipment, 128 citrus fruit loaders, and cotton module movers, not exceeding 50 129 feet in length, or any combination of up to and including three 130 implements of husbandry, including the towing power unit, and 131 any single agricultural trailer with a load thereon or any 132 agricultural implements attached to a towing power unit, or a 133 self-propelled agricultural implement or an agricultural 134 tractor, is authorized for the purpose of transporting peanuts, 135 grains, soybeans, citrus, cotton, hay, straw, or other 136 perishable farm products from their point of production to the 137 first point of change of custody or of long-term storage, and 138 for the purpose of returning to such point of production, or for 139 the purpose of moving such tractors, movers, and implements from 140 one point of agricultural production to another, by a person 141 engaged in the production of any such product or custom hauler, 142 if such vehicle or combination of vehicles otherwise complies 143 with this section. The Department of Transportation may issue 144 overlength permits for cotton module movers greater than 50 feet 145 but not more than 55 feet in overall length. Such vehicles shall 146 be operated in accordance with all safety requirements 147 prescribed by law and rules of the Department of Transportation. 148 Section 4. Paragraph (c) of subsection (16) of section 149 570.07, Florida Statutes, is amended to read: 150 570.07 Department of Agriculture and Consumer Services; 151 functions, powers, and duties.—The department shall have and 152 exercise the following functions, powers, and duties: 153 (16) To enforce the state laws and rules relating to: 154 (c) Registration, labeling, inspection, sale, use, 155 composition, formulation, wholesale and retail distribution, and 156 analysis of commercial stock feeds and registration, labeling, 157 inspection, and analysis of commercial fertilizers; 158 159 In order to ensure uniform health and safety standards, the 160 adoption of standards and fines in the subject areas of 161 paragraphs (a)-(n) is expressly preempted to the state and the 162 department. Any local government enforcing the subject areas of 163 paragraphs (a)-(n) must use the standards and fines set forth in 164 the pertinent statutes or any rules adopted by the department 165 pursuant to those statutes. 166 Section 5. Paragraph (g) is added to subsection (2) of 167 section 580.036, Florida Statutes, to read: 168 580.036 Powers and duties.— 169 (2) The department is authorized to adopt rules pursuant to 170 ss. 120.536(1) and 120.54 to enforce the provisions of this 171 chapter. These rules shall be consistent with the rules and 172 standards of the United States Food and Drug Administration and 173 the United States Department of Agriculture, when applicable, 174 and shall include: 175 (g) Establishing standards for the sale, use, and 176 distribution of commercial feed or feedstuff to ensure usage 177 that is consistent with animal health, safety, and welfare and, 178 to the extent that meat, poultry, and other animal products may 179 be affected by commercial feed or feedstuff, with the safety of 180 these products for human consumption. Such standards, if 181 adopted, must be developed in consultation with the Commercial 182 Feed Technical Council created under s. 580.151. 183 Section 6. This act shall take effect July 1, 2012.